The URL can be used to link to this page

2014/08/12 ,� 1r Y ; N. c ;$,-.' t WI k,, 41110,11111111110 4 . . /110 if l r ' : F, 0,..v,/,•,,,•, ,l 4, : s y*e `,o—"` � rE 1 y. e } *Fz "f r S, xy ' 1 COUNCIL MEETING Tuesday, August 12, 2014 Order of Business and Agenda Package rs. Niagaraa1Is COUNCIL MEETING August 12, 2014 PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of July 8, 2014 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. * * * * * REPORTS 5:00 P.M. 1 . PBD-2014-43 - Request for Grant to Relieve Payment of Double Permit Fees Due to Commencement of Construction Without a Building Permit Pinewood Homes (Niagara) Ltd. 2. PBD-2014-48 - Request by Niagara Olympia Homes for Consolidation of Conditional Permits at Pettit Avenue Development. 3. CAO-2014-04 - Contract No. 2014-13, Robinson Street Sewer Separation and Full Road Reconstruction ( Main Street to Stanley Avenue) Tender Award. * * * * * PRESENTATIONS/ DEPUTATIONS 6:45 P.M. GO Commuter Service Alex Digenis, business owner and member of the Greater Niagara Chamber of Commerce, will address Council on a proposal for capital funding for GO service to Niagara. * * * * * - 2 - PLANNING MATTERS 7:00 P.M. Public Meeting AM-2013-016, Zoning By-law Amendment Application 6479 Montrose Road Applicant: 2372198 Ontario Inc. C/o Angelo Butera Agent: Michael Allen, ACK Architects Proposal: 3 Storey, 30 Unit Apartment Building Background Material: Recommendation Report: PBD-2014-42 -AND- Correspondence from Michael Allen, Architect Correspondence from Chris Corfield Correspondence from Nonie LeBlanc Correspondence from Sue an Ray Halliday Correspondence from Wendy Elson Correspondence from Ida Schmidhuber Correspondence from Allen Bateman Correspondence from Nicole Panto Correspondence from Rob Thomson Correspondence from Steve Lambert MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Celebrate Old Downtown - requesting a grant equal to fees associated with a road closure for their Motorcycle show on August 24th RECOMMENDATION: For the Consideration of Council. 2. Niagara Health &Wellness Day- requesting that September 20th be proclaimed as "Niagara Health & Wellness" day. RECOMMENDATION: For the Approval of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration: - 3 - * * * * * RATIFICATION OF "IN CAMERA" MATTERS * * * * * CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2014-35 - Major Receivables Monthly ( June) F-2014-36 - Municipal Accounts HR-2014-02 - Epinephrine Auto Injectors L-2014-13 -Convention Centre Parks License from Her Majesty the Queen in Right as Represented by The Minister of Infrastructure. L-2014-15 - The Niagara Parks Commission and the City License Agreement MW-2014-29 - Brown Road and Heartland Forest Road Reconstruction MW-2014-34 - Buckley Avenue Storm Sewer Tunnel MW-2014-35 -Baldwin Avenue and Mulhern Street Watermain Replacement and Road Reconstruction MW-2014-37- Warren Woods Park Development Project MW-2014-38 - Fernwood Park and Trail Development Project PBD-2014-41 - Matters Arising from Municipal Heritage Committee Update of Designating By-laws - City Owned Properties PBD-2014-44 -DB-2014-002 Deeming By-law Application Lot 26, Plan 137 and Block 'A', Plan 59M-70, Applicant: Angela Pasquale. Proposed Residential Development PBD-2014-45 - 4687 Queen Street, Commercial Building Grant Application. Owner: 1683097 Ontario Limited. Applicant: Raimondo & Associates Architects Inc. - 4 - PBD-2014-46 - 26CD-11-2014-01, Proposed Plan of Condominium ( Standard), 3659 Stanley Avenue. Applicant: 1671312 Ontario Ltd. C/o Chris Hawkswell. Agent: Brent Larocque, The Larocque Group. PBD-2014-47 -Matters Arising from Municipal Heritage Committee, Repeal of Portion of Designating By-law for 6137 Lundy's Lane R&C-2014-11 - 2015 Pan American Torch Relay TS-2014-17 - Niagara College Summer Bus Service Extension TS-2014-20 - Brock University Students' Union Transit Agreement TS-2014-24 - Prospect Street - Heavy Vehicle Restriction TS-2014-25 - Jepson Street - Heavy Vehicle Restriction TS-2014-26 - Transit Agreement with the Town of Fort Erie TS-2014-27 - McLeod Road - Parking & Traffic By-laws TS-2014-28 - Barker Street between Carlton Avenue & Corwin Avenue - Parking Review TS-2014-30 - Swayze Drive - Traffic Operations BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2014-91 A by-law to authorize the execution of a new License Agreement with The Niagara Parks Commission with respect to the Willoughby Historical Museum. 2014-92 A by-law to authorize the execution of a new Licence of Land with the Minister of Infrastructure respecting the use of the Hydro corridor adjacent to the Convention Centre lands for aesthetic maintenance purposes. 2014-93 A by-law to authorize the Director of Recreation and Culture and the Director of Municipal Works, or their delegates, to issue Permits authorizing the temporary use of City lands. - 5 - 2014-94 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Stop Signs at Intersections) 2014-95 A by-law to designate Lot 26, Plan 137 and Block 'A', Plan 59M-70 to be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990 (DB-2014-002). 2014-96 A by-law to amend By-law No. 78-26, being a by-law to designate 5810 Ferry Street, known as the Old Stamford Township Hall, to be of cultural heritage value and significance. 2014-97 A by-law to amend By-law No. 99-109, being a by-law to designate 6137 Lundy's Lane, formerly with the municipal address of 6151 Lundy's Lane, known as the Battle Ground Hotel Museum, to be of cultural heritage value and significance. 2014-98 A by-law to amend By-law No. 2006-142, being a by-law to designate Cummington Square to be of cultural heritage value and significance. 2014-99 A by-law to amend By-law No. 83-280, being a by-law to designate 8196 Cummington Square West, known as the Chippawa Town Hall, to be of cultural heritage value and significance. 2014-100 A by-law to amend By-law No. 2002-134, being a by-law to designate the Copper Beech Tree, located within the Drummond Hill Cemetery, to be of cultural heritage value and significance. 2014-101 A by-law to amend By-law No. 2000-79, being a by-law to designate a property known as the Stamford Green, located at 6212 Portage Road, to be of cultural heritage value and significance. 2014-102 A by-law to amend By-law No. 2001-176, being a by-law to designate the Stamford White Oak Tree, located on the east side of Portage Road at Carman Street, to be of cultural heritage value and significance. 2014-103 A by-law to amend By-law No. 96-243, being a by-law to designate 11211 Sodom Road, known municipally as the Willoughby Township Hall, to be of cultural heritage value and significance. 2014-104 A by-law to amend By-law No. 99-72, being a by-law to designate 5017 Victoria Avenue, known as the former Carnegie Library, to be of cultural heritage value and significance. 2014-105 A by-law to amend By-law No. 98-113, being a by-law to designate the property at 5049 Victoria Avenue, known as the Niagara Falls Armoury, to be of historic and architectural value and interest. 2014-106 A by-law to authorize the execution of an agreement with the Brock University Students Union (BUSU) for the provision of transit services. - 6 - 2014-107 A by-law to authorize the execution of an agreement with the Niagara College Administrative Council Inc. for the provision of transit services. 2014-108 A by-law to amend by-law 2013-178, a by-law under the Building Code Act, 1992, S.O. 1992, c. 23, respecting construction, demolition, change of use, occupancy permits, transfer of permits, inspections and associated fees. 2014-109 A by-law to authorize the execution of a standard crossing construction agreement with the Canadian National Railway Company. 2014-110 A by-law to authorize the execution of a Memorandum of Understanding with the Regional Municipality of Niagara Police Services Board for policing costs. 2014-111 A by-law to authorize the payment of $23,910,062.15 for General Purposes. 2014-112 A by-law to adopt, ratify and confirm the actions of City Council at its meeting hold ori the 17th uday of August, 2114 . NEW BUSINESS PBD-2014-43 Niagaraj 'nlls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-43 Request for Grant to Relieve Payment of Double Permit Fees Due to Commencement of Construction Without a Building Permit— Pinewood Homes (Niagara) Ltd. RECOMMENDATION That Council respectfully decline the request of Pinewood Niagara Builders for a grant or rebate of penalty in the amount of $6,519.70. EXECUTIVE SUMMARY The Building By-law 2013-178 dictates that any person or corporation, who commences construction without first receiving a permit to commence such work, shall in addition to any other penalty pay an additional fee equal to 100% of the amount calculated as the full permit fee. This additional permit fee was assessed with respect to each of the five building permits for the 6873 to 6855 Freeman Street townhouse development due to the commencement of construction prior to issuance of the building permits. A meeting on site with City Staff and a representative from Pinewood Niagara Builders confirmed that works had been completed for the townhouse units prior to the issuance of permits. As such the additional permit fees were requested to be paid prior to issuance of the building permits for this development. The builder, Pinewood Niagara Builders, did pay such fees to allow their building permits to be issued, however did so in protest. They have subsequently submitted the attached letter requesting consideration for reimbursement of the additional building permit fees paid. BACKGROUND Through the passing of the Building By-law 2013-178 the requirement for payment of double permit fees was reinforced from language in previous versions of the building by- law. The purpose of the requirement for additional fees is to account for the additional works necessary due to the commencement of construction which exceeds that of work required where the building permit process is followed. The use of such a mechanism has been challenged in the court system and upheld as it represents a reasonable fee for the additional works caused by the commencement of building without a permit. August 12, 2014 - 2 - PBD-2014-43 After the building permit applications had been made, it came to the attention of Building Services staff that construction had allegedly commenced on the sites despite the fact that the permits had yet to be issued. Upon investigation of the site it was confirmed that Lor struction had indeed commenced and been completed beyond the property line with the installation of services. The works had been done without building permits and without proper inspections. Upon confirmation of this work, Building Services staff issued the appropriate Building Code Order to Comply requesting the permits be obtained prior to construction continuing. Further to the issuance of an Order to Comply, Building Services Staff notified the applicant, Pinewood Niagara Builders, that additional building permit fees would be required due to confirmation of the construction without a permit. In response to this notification a meeting was requested on site. The meeting on site with City Staff and a representative from Pinewood Niagara Builders confirmed that works had been completed to extend the water and sewer service pipes from the property line into the site in preparation for the construction of the townhouse units. As such the need for the r,orom mi+ foc in nr, r,linri r.n ,i+h +hn ..+n ..F +L... ��I,J�.. D. I.. .... .. , r.. nL �. v n i 1/4.1/4../II IrJIICAI IL.c vviu I u Ic i cquII I I IGI IW UI a IG LJUIK.111 Ig uy-lave vvaj also confirmed. In order to allow their building permits to be issued, Pinewood Niagara Builders did pay the additional $6,519.70 which was required prior to the release of the toe nilm its Since the payment of these additional fees was in protest, the attached correspondence received from Pinewood Niagara Builders is submitted as the request of the applicant for consideration for reimbursement of the additional paid fees. The building by-law does not provide for an ability of staff or council to waive such fees and thus any reimbursement of fees would need to be addressed through a grant provided by Council in the amount of the additional fees. ANALYSIS/RATIONALE At the May 8, 2012 Council, direction was provided for double permit fees under the Ontario Building Code for constructing without a permit. Building Services staff has followed the provisions of the Building By-law and have applied the additional permit fee requirement fairly and justly as it has done on other instances. The language of the by- law was prepared in regard to this issue to ensure fairness to all in the assessment of these fees. For this purpose the assessment of such fees is not discretionary, it is mandatory for all, thus eliminating any perceived favouritism or special treatment. Furthermore the establishment of such fees has been justified as part of the cost recovery mechanism for Building Services as mandated by the Ontario Building Code. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The collection of the additional fee is within the authority of the municipality identified through the Building By-law. Since this fee is warranted and justified through the by-law and there is no ability to discretionally waive such fees, the only recourse should Council wish to approve reimbursement of the paid fees would be to do so through the August 12, 2014 - 3 - PBD-2014-43 issuance of a grant in the amount of $6, 519.70. This grant would need to be funded by the municipality and not through the revenues collected for building permits. CONCLUSION The builder in question is well aware of the rules and requirements for permits to be obtained prior to the commencement of construction and despite their reasoning it was confirmed that construction had in fact begun without a permit. The additional fees charged for the Building Permit have also been confirmed to be applicable. Council had previously requested that double fees be set as a dis-incentive to any builder who proceeds with construction in advance of a building permit having been issued. Therefore in order to not set a precedent whereby the provisions of the by-law are circumvented thus creating unfair treatment to all; it is respectfully recommended that the request for reimbursement for the additional fees be denied. LIST OF ATTACHMENTS ► Appendix 1 — Letter from Pinewood Homes (Niagara) Ltd. Recommended by: � l+ , i ��! `' � Alex Ilerlovitch, Director of Planning, Building & Development Respectfully submitted: KenWTodd, Chief Administrative Officer J Menard S\PDR\2014\PBD-2014-43, Pinewood double permit fee reimbursement request.docx August 12, 2014 -4 - PBD-2014-43 APPENDIX 1 11)I'J[.1 0()( `' \ ' � I I ' 1 �_ .. !LC, . [I �.,.� ,t,:,uni�il I.. i - ��.�� I!'• ilii . :t_'!. ii : , I .1�. � l�_ � illi i�� !., �l � _ ... i ..Ill � �. ii ., n ,l wi PBD-2014-48 r•, : August 12, 2014 N iagarapalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-48 Request by Niagara Olympia Homes for Consolidation of Conditional Permits at Pettit Avenue Development RECOMMENDATION That Council approve the proposed amendment to the building by-law to modify the requirements for fees and deposits with respect to conditional permit agreements and that provisions within the amendment be considered to have been in effect since of June 16, 2014. EXECUTIVE SUMMARY Correspondence from Niagara Olympia Homes has been received requesting reconsideration of the current conditional permit process employed by Building Services. The current permit process, conditional or otherwise, requires that a separate building permit be obtained for each building being constructed on a site. The request by Niagara Olympia Homes is to consolidate all of the buildings under one permit thus eliminating the need to obtain, and provide payment for, individual permits for each of the structures being constructed. Unfortunately, consolidation of permits as requested is not permitted since the Ontario Building Code legislates that construction of every building requires a permit. If the buildings being proposed were all one structure, Building Services would be able to consider them one building and require only one permit. However since the proposed construction involves multiple independent buildings a permit is required for each building. As an example, if a residential home was being constructed and a detached garage was also proposed on the same lot, a separate permit would be required for each of the structures. Since this practise is dictated by the Ontario Building Code, it cannot be modified by the municipality as would be the case if it were a requirement of a municipal by-law which can be modified by Council. Therefore Building Services is unable to accommodate the request of Niagara Olympia Homes to consolidate all of the permits into one. In light of the request however Staff has reviewed the current fees and language of the building by-law to determine if it would be possible to reduce the associated fees and provide flexibility with regard to the related deposits for conditional permit agreements. August 12, 2014 -2 - PBD-2014-48 The Building By-law 2013-178 currently requires that a fee of $1,500 be paid in addition to the regular building permit fees for the issuance of a conditional permit. These fees are assessed to recover the costs associated with the additional efforts required internally to process and administer a conditional permit agreement. When considering the fee for conditional permits in establishing the new Building By-law in late 2013, the worst case scenario was used and a cost of$1,500 was set. After further consideration brought about by the real life scenario of the Niagara Olympia Homes project, the by-law has been reviewed and it has been determined that the cost of $1 ,500 is unreasonable to expect for many smaller projects which may require the use of a conditional permit. For this reason, Staff are respectfully recommending through the proposed amendment to the Building By-law to reduce the required fee to $500. This fee is more representative of the more common process involved in most conditional permit agreements as opposed to the worst case scenario figure. Further ..1 V_ the _ _I of r Further to u fe reduction fees, the proposed amendment wiii also provide additional improvement to the language in the schedule of fees to address the need for deposits relating to the conditional permit agreement. The sole purpose of the deposits is to provide the municipality with securities to demolish the building should the applicant not follow through with their obligations under the conditional permit agreement. The flexibility provided by the proposed language will allow staff to work with the applicant while establishing guidelines for the continued requirement of such deposits. Both aspects of the proposed amendment to the by-law will serve to allow the conditional permit agreement process to be more accommodating the development community. BACKGROUND Typically conditional building permits are utilized where approvals have yet to be granted to satisfy the compliance of applicable law therefore restricting the ability to issue a building permit. The use of the conditional permit agreement allows for an agreement to be struck between the municipality and the applicant whereby the applicant agrees to remove the building construction in any case where approvals are ultimately not granted. In exchange Building Services can allow construction to proceed for an agreed upon stage. In the situation at hand with the Niagara Olympia Homes project the need to proceed prior to approvals is not the reason for the use of the conditional permit process. Approvals have been granted in respect to the project and the Site Plan agreement is in place save and except for the submission of the necessary securities that would allow for final legal registration of the agreement. As long as the securities for the site plan agreement remain outstanding, the site plan agreement cannot be formally put in place. August 12, 2014 - 3 - PBD-2014-48 Planning Building and Development staff has made significant efforts to work with Niagara Olympia Homes to assist in facilitating the issuance of their permits for this project despite the outstanding securities. It must be stressed that the need for the securities and registration of the site plan agreement are paramount to ensure that the provisions of the agreement are legally binding and the development is constructed in accordance with the provisions stipulated within it. ANALYSIS/RATIONALE The amended conditional permit fee will more accurately represent the additional costs incurred for the issuance and administration of conditional permit agreements. This fee is fairer to applicants which will permit the process to be less prohibitive due to cost. The requirement for proper securities to be taken provides for assurances that the City will possess the necessary funds to correct any defunct projects that do not comply with the terms of the agreement without the need to burden the tax base for the associated costs. Ultimately the deposits are returned in full as part of the issuance of the full building permit, if they have not had to be drawn upon during the process. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Through the implementation of the proposed amendment to the Building By-law, fees associated with conditional permit fee agreements will be reduced to $500 from the original $1,500. Retroactively dating the effective date of the amendment to June 16, 2014 will effect five conditional building permits all of which being issued to Niagara Olympia Homes for their construction on the Pettit Avenue project. The result of this amendment will see Niagara Olympia Homes be reimbursed $1,000 for each of the permits they previously obtained for a total of $5,000. Any future conditional permit submission will be charged the amended rate of $500. CONCLUSION While Building Services is unable to accommodate the request of Niagara Olympia Homes to consolidate all the necessary permits into one due to legislative requirements, efforts have been made to lessen the financial impact for the necessary permits to facilitate the project moving forward. Furthermore the effective date of the amendment being retroactive to June 16, 2014 will allow for Niagara Olympia Homes to be refunded a portion of the conditional permit fees which were previously paid under protest. It should be noted that while Planning Building and Development staff will continue to work with applicants to facilitate their projects, it cannot be encouraged for conditional permits to utilize to forego paying the necessary securities for development agreements as it severely undermines the ability of the municipality to protect the interest of both the tax payers and the City. August 12, 2014 -4 - PBD-2014-48 LIST OF ATTACHMENTS Appendix 1 — i Atter from Niagara Olympia Homes ; - a 1 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: '-' Ken 'Todd , Chief Administrative Officer J Menard S:\PDR\2014\PBD-2014-43, Pinewood double permit fee reimbursement request docx August 12, 2014 - 5 - PBD-2014-48 APPENDIX 1 Dloddt: Am. ':,77tin'2 ;,:tc ptatt. 3r.tritY%Ll. )11 • P,21Iit pritoo,ed ro-) unit t,...tireo,,to the.e1t I: eener fir :ecu_rnon0 ::e, A., \I:14L111:1 f10111.:,.1r r • ,U:1111 .2..'11:-.7.1'.1t1,1r1 Licht:123. '.11:1:11 and bud,..1ttui 2..erootnot- t,.1,.1 lrZ-1.2..1: , 1 I n i ▪ t-or Duildni,_: !J.:con tni:t; tti lice ttte pluc,f, the:"::AlrLiCII 1 or The c tditreni noT ,Z1[1 Incant.,that die butidor rrt.L3t tduel b...1C-1.1211,4 [Ito cit ,t...;t.r.rnEingr apt,Itcation a ni i ii portttil..t.g.reetnent fur thc Pct.:L.3E Prefect tfte Asoutd u- it the rnalr, and each The,o-ttott t'‘T _tott,iittonai ;re-rut atzrooment 1, -31..50000 ; this fee out To achte',e tttliotiirtt,tratt.',,o Cry u PteLatase ttte rr0 Ct on Pettit ha 12ru.ore Lii tie but.tt the adt-runttrtito,o :eos ton oitttatIlL:::4 iccndit]cirtat agrocintmt.., tor the ttruiect S I 4,:."1..i1J1...11( OILS.a:noun? '..'t:Ctrvtfry The garu4es _tro i• of ‘t-to roan and ur otcer to eff.ctot....tt:t that ato r.,,aittatiho ,Jr:._ ht.ne the trlant duiltine. To dote I path'5-.500 tte.rr:Itt PI t.a pmtd cinder prc.:te,t.and -3 t 51Ahi. fir Iii:ruurr: :of_ititt..2 To re't,u...tt due:0tire tote d:t:cinii Tc-i p1.11: .utd Aro Entet4rat .o the ot :he rroteLt. - Lion dot-Litt:tient aht.t.tor DJ to Juii trtoro :T. :u ecicitthwt at.rcOtho.,.....t.n Ire dr-a,Ar: ton eachu :he ..Z.:1:L4 !t. :o OilEf ri:un en liciItC ,:L.1111:-.1 _![.. cOicc iii ti 1OCIL111.1,_,T1d; r.! _Ltd 1,.t.:.:tt-ttt)1.!:ntrutt, bir.:1,2*, Thartk nm t-it t:.:ourge 3ditth Members of Council and Mayor Diodati: [ am writing because Niagara Olympia Homes has site plan approval to build a retirement complex on Pettit Avenue. The Project on Pettit Avenue is a proposed 69 unit retirement complex which will benefit our aging population, attract retirees to the city and provide consumers for neighbourhood businesses. As provided by city by-laws Niagara Olympia Homes applied for a conditional permit agreement so that construction could begin on the foundation and footings for the main buildings and the garages. A conditional building agreement is a legal device which allows building to commence even though all city requirements for a building permit have not been met. In exchange the city places the burden of liability upon the builder. The conditional permit agreement still means that the builder must seek individual building permits as required by the city. When submitting my application for a conditional permit agreement for the Pettit Avenue Project I was told that the agreement would only cover the main building and each garage would need a separate agreement. The cost for a conditional permit agreement is 51,500.00 ( this fee was set out to achieve administrative cost recovery ). Because the project on Pettit Avenue has 12 more garages to be built the administrative fees for obtaining a conditional permit agreements for the project would be $19,500.00 Clearly this amount goes well beyond cost recovery. The garages are part of the approved site plan and in order to build as efficiently as possible it is important that the garage foundations are built at the same time as the main building. To date I paid 57,500 for 5 conditional permit agreements ($1,500.00 x 4 garages = $6,000 paid under protest and 51,500.00 for the main building). While still 8 more garage foundations require to he built due to the site conditions. These garages have always been part of the site plan and are integral to the success of the project. The building department is asking for another 512,000.00 ($1,500.00 x8) to duplicate 8 more conditional agreements. It is not reasonable or fair to expect that a separate agreement to he drawn for each of the garages. Since it is one property/ one project it only makes sense to have one agreement addressing all the structures. Therefore I am asking Council: to include all 12 garages on the main Conditional Permit (have one Agreement instead of 12 duplicates Agreement) and reimburse Niagara Olympia Homes the $6.000 paid under protest. Thank you for your consideration Respectfully George Bandi President of Niagara Olympia Homes � i I�HV-LV 1,4-v4 NiagarraaagIls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2014-04 Contract No. 2014-13 Robinson Street Sewer Separation and Full Road Reconstruction (Main Street to Stanley Avenue) Tender Award RECOMMENDATION For the information of Council That staff award the project to Provincial Construction (Niagara Falls) Limtied int he amount of $2,095,274 and that Staff be directed to allocate funding to cover the additional cost which is over the approved Capital BACKGROUND budget for this project. The tender for Contract No. 2014-13, Robinson Street Sewer Separation and Full Road Reconstruction (Main Street to Stanley Avenue) was opened on Tuesday, July 29, 2014. Construction was proposed to start after September 2, 2014. Three (3) bids were submitted. The contract amount available for the construction portion of this project in the 2014 Capital Budget is $2,100,685. The low bid for the project was submitted by Centennial Infrastructure (Niagara) Inc. in the amount of$2,095,274. However, this bid was corrected by staff, in accordance with tender procedures, due to errors in the tender document, resulting in a revised bid by Centennial Infrastructure(Niagara) Inc. of$2,260,319. With this adjustment, Centennial Infrastructure (Niagara) Inc. was no longer the low bid. As a result, the low bid became Provincial Construction (Niagara Falls) Limited at $2,231,873. Although the low bid, the bid from Provincial Construction (Niagara Falls) Limited was $131 ,873 over the approved Capital Budget amount for this project. Due to the fact that the low bid is $131,873 over the approved budget, and due to the fact that only three (3) bids were submitted, staff decided to cancel this tender and re tender the project in the Fall 2014. August 12, 2n14 -2 - CAO-2014-04 ANALYSIS/RATIONALE The Tender Opening Committee, in the presence of the City Clerk, Dean iorfida, and the -} RA RA RA:11,_ -J J___ T..__J_.. I..1.. nn ni14 A r I VICui !vial Idly.el. 01 ICI I I-ivIai le IvIllldl UIJCI ICU lel IUCI J UI I I UCJUdy, July LU, LU I'+. The approved construction portion of this project was $2,100,685. The following is a summary of the totalled tendered prices (excluding HST) from the contractor submissions, complete with corrections, as noted. Provincial Construction (Niagara Falls) Limited $2,231,873.67 Centennial Infrastructure (Niagara) Inc. $2,260,319.00 (corrected bid) Alfidome Construction Limited $2,248,499.00 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the Rohinson Straet constrl Irtlnn hat\A/aan Main Straat and Stnla\, Av ni IP was approved in the 2014 Municipal Works Capital Budget and secured through a variety of sources including Federal Gas Tax, Regional CSO MAP(Municipal Assistance Program) funding and development chargeC. The low tender is $131,000 over the approved capital amount. As a result, staff has cancelled the original tender and the project will be re tendered in the last quarter of 2014. Municipal Works engineering staff has advised that there are no issues with delaying this project until later in 2014. The Legal Department has been consulted on this matter and confirms its support of this approach to re tender later in 2014. 1 ) Respectfully submitted: Ken Todd, Chief Administrative Officer Dean Iorfida From: Carey Campbell Sent: Wednesday, August 06, 2014 4:10 PM To: Dean Iorfida; Ken Todd Cc: Jim Diodati Subject: RE: Deputation/presentation for the Aug. 12th Council meeting Dean and Ken: I spoke with Jim today and he provided the following information to help frame Alex's presentation to Council: • Alex Digenis is a business owner and member of the Greater Niagara Chamber of Commerce, which is working to move forward GO expansion to Niagara Falls. He is a huge proponent of GO commuter service and is asking for action from area politicians. • Alex will be bringing forward his proposal that each Municipal Council dedicate funds for capital expansion of GO to Niagara. • The goal would be to defer his financial suggestions to budget deliberations. Jim said that he confirmed his attendance at Council by email. carey From: Jim Diodati Sent: Thursday, July 31, 2014 12:16 PM To: Dean Iorfida Cc: Carey Campbell; Ken Todd; ',' Subject: Deputation/presentation for the Aug. 12th Council meeting Dean, Please add Alex Digenis to the agenda, to discuss further strategy to get year round GO Train commuter service,e right to Niagara Falls. Thanks, Jim PBD-2014-42 NiagaraJalls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-42 AM-2013-016, Zoning By-law Amendment Application 6479 Montrose Road Applicant: 2372198 Ontario Inc. c/o Angelo Butera Agent: Michael Allen, ACK Architects Proposal: 3 Storey, 30 Unit Apartment Building RECOMMENDATION That Council approve the Zoning By-law amendment application to change the zoning of the property to a site specific Residential Apartment 5B Density (R5B) zone to permit the construction of a 3 storey, 30 unit apartment building, as detailed in the report. EXECUTIVE SUMMARY Angelo Butera has requested a Zoning By-law amendment to rezone the property known as 6479 Montrose Road a site specific Residential Apartment 5B Density(R5B)zone which would permit the construction of a 3 storey, 30 unit apartment building. The amendment can be supported because: • it will assist the City in achieving intensification targets established by the Province for the City's built-up area; • it will make a more efficient use of urban land and existing infrastructure; • the subject land is located on Montrose Road which is identified in the City's Official Plan as an arterial road. The proposal to develop a 3 storey, 30 unit apartment building on the land is within the intent and purpose of the City's Official Plan; • the development will assist in providing additional housing choices in the neighbourhood; • the apartment building is of the same height as apartment buildings already existing in the neighbourhood and will be compatible with surrounding land uses; • Montrose Road is capable of accommodating the modest traffic generated by the development; and • the project is transit supportive. August 12, 2014 - 2 - PBD-2014-42 BACKGROUND Proposal The applicant has requested a Zoning By-law amendment for the 0 39 hectare (1 acre) parcel known as 6479 Montrose Road. The amendment is requested to permit the construction of a 3 storey, 30 unit apartment building. Schedules 2 and 3 show details of the proposal. When the application was first filed, a 4 storey, 31 unit apartment building was proposed to be sited on the north side of the property. A neighbourhood meeting was held in May. In response to some of the concerns raised by area residents and the Region, the height of the building was reduced by a storey, shifted southward and the entrance to the building and the driveway were relocated to the north side of the property. The land is currently zoned Residential Single Family 1D Density (R1 D), in part, and Residential Single Family and Two Family (R2), in part, in accordance with Zoning By-law No. 79-200. The zoning of the land is requested to be changed to a Residential Apartment 5B Density (R5B) zone with site specific lot area, landscaped open space and parking regulations. Planning staff had previously encouraged a land swap with the rear church lands to the north to facilitate the completion of Laurentian Court off Armstrong Drive. This exchange never materialized. Site Conditions and Surrounding Land Uses The property is currently vacant and was formerly occupied by a single detached dwelling. There are a number of mature trees on the property, particularly towards the rear. A place of worship and associated parking and amenity areas are located to the north and west of the subject land. Most properties located to the south contain single detached dwellings. A mix of dwellings, include single detached and semi-detached dwellings and two, 3 storey apartment buildings, are located to the east. 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 from a Provincial or Regional perspective. The proposal will help the City achieve intensification targets for new development within the City's built-up area and will provide additonal housing choices in the neighbourhood; The project will make a more efficient use of urban land and existing infrastructure and provide a choice of housing in the area; August 12, 2014 - 3 - PBD-2014-42 - A Phase 1 Environmental Site Assessment completed by the applicant has concluded the land is suitable for residential land use. No further environmental investigation is recommended. - A Noise Brief completed by the applicant concludes that the project as designed and certain features are sufficient to meet Ministry of Environment guidelines. The Region will review the need for warning clauses at the site plan approval stage. The Region has no concerns with the location of the driveway now that it has been shifted to the north side of the property. A three (3) metre road widening will be required from the property to achieve the required right-of-way width of 13.1 metres as meassured from the centreline of Montrose Road. • Transportation Services No objections to the rezoning. The site is serviced by weekday and weekend transit service. • Municipal Works, Parks Design - No objections to the rezoning. A servicing/grading plan, detailing how stormwater will be dealt with, and a landscape plan will be required at the site plan stage. A cash-in-lieu of parkland dedication will be required when the project is developed. • Fire Services. Legal Services, Niagara Falls Transit, Building Services - No objections to the rezoning. • Resident Comments - A total of seven (7) letters of objection were received on the original and revised proposal. Some of the letters express concerns about the earlier 4 storey proposal, including the building height and whether it fits in with the surrounding neighbourhood, and the orientation of the building entrance towards properties to the south. Other letters cite concerns about traffic, loss of privacy, the potential of lower income housing, lighting and garbage and impacts on surrounding property values. Neighbourhood Open House Eight neighbours attended a neighbourhood open house held on May 1st to introduce the initial 4 storey, 31 unit proposal to area property owners. Concerns were expressed about the height of the building and resulting loss of privacy for adjacent residents, the orientation of the building entrance adjacent to properties to the south, traffic impacts, the potential of low income housing, trees to screen abutting properties, lighting impacts and the condition of the existing property (dead and dying trees and drainage). August 12, 2014 -4 - PBD-2014-42 The applicant's architect noted the project would not be developed as low income housing, but as a condominium corporation owned by a single entity, with the individual units rented out at market rates. When asked what changes they would like to see to the proposal, residents indicated a building with a maximum height of 2 storeys to reflect surrounding development, and moving the building entrance to face Montrose Road. Seven neighbours attended a second neighbourhood open house which was held on June 25`h to present the current 3 storey, 30 unit proposal to area property owners. The neighbours present reiterated concerns about loss of privacy and asked questions about site plan control, tree planting, the waste disposal enclosure and lighting. The applicant's architect indicated that larger, tree spaded trees would be planted to provide buffering for neighbours and the waste disposal will be fully enclosed to deter any rodents. The applicant also indicated that lighting would conform to current site plan standards to mitigate Imparts nn ci irrni inrlinn racirlPntc ANALYSIS 1. Provincial Policy Statement and Growth Plan Provincial policies require 40% of all residential development to occur through intensification within the City's built-up area by the year 2015. To meet this target further development of multiple unit housing within established areas of the City is necessary. Approval of the requested zoning will assist the City in meeting its intensification targets and make a more efficient use of urban land and existing infrastructure. 2. Official Plan The subject property is designated Residential in the City's Official Plan and located within the built-up area. New housing units (intensification) are to be designed to blend into the existing lot fabric, streetscape and built form of a neighbourhood. A harmonious mix of housing is encouraged so that at any one time a variety of housing types will be available. Apartment buildings up to 4 storeys in height and 75 units per hectare should be located on collector roads and designed with a street presence that is in character with the surrounding neighbourhood. In addition, setbacks should be appropriate for the building height proposed and greater where abutting lands are zoned for single or semi detached dwellings. The proposed development complies with the Official Plan as follows: The development makes use of an underutilised parcel of land and will broaden the range and supply of housing in the neighbourhood. - The subject property is located on Montrose Road, an arterial road, which is expected to carry high traffic volumes. - The building is 3 storeys in height. Thirty dwelling units represents a minor rounding up of one unit to a density of 76 units per hectare. The proposal has the same number of storeys as the nearby apartment dwellings. August 12, 2014 - 5 - PBD-2014-42 The project is designed to maintain the current streetscape character by being proposed in line with the front yard of the place of worship to the north. In response to the concerns of area residents and the Region the driveway was shifted to the north side of the property. This design will reduce the potential for the noise impacts on adjacent properties to the south. It also makes the entire south side yard available for landscaping which can assist in screening the building. The developer has agreed to address this at the site plan approval stage. The subject property is adequately separated from dwellings to the north and west by a property containing a place of worship. Montrose Road can accommodate the traffic from the development. The applicant has provided a traffic brief for the development which identified peak hour traffic generation of 19 vehicles, or an average of 1 new vehicle trip for every 3 minutes. The Regional Municipality of Niagara, who has jurisdiction over Montrose Road, has no concerns with respect to the additional traffic generated by this development and is pleased that the driveway has been shifted to the north side of the property. The site is located on a bus route. 3. Zoning By-law The current zoning of the property (R1 D and R2) permits single detached, semi- detached and/or duplex dwellings. The zoning of the lands is requested to be changed to Residential Apartment 5B Density (R5B) with site specific regulations to accommodate the proposed apartment dwelling. The proposed development meets most of the standards contained in the R5B zone, including front and rear yard depth, side yard widths and building height. The following chart compares the current standards of the R5B zone with the proposed regulations: Standards Proposed Minimum Lot Area 133 square metres/unit 130 square metres/unit Minimum Number of Parking 1.4 spaces/unit 1.25 spaces/unit Spaces Minimum Landscaped Open Space 35% of the lot area 34% of the lot area The requested site specific regulations are supportable. The minor reduction in the lot area allows the number of allowable dwelling units to be increased from 29 to 30. The requested parking standard reduces required parking from 42 spaces to 38 and allows for retention of desired landscaping. The minor reduction in parking can be supported given the site's location on 2 transit routes. The proposed one percent reduction in landscaped open space will not result in any visual impacts on surrounding properties. Although not requested, the minimum front yard setback should be increased from 7.5 metres to 22 metres to ensure the project maintains the existing streetscape as noted above. August 12, 2014 - 6 - PBD-2014-42 4. Site Plan Control/Condominium Approval Prior to obtaining a Building Permit, the developer will be required to obtain site plan approval. Many of the concerns that have been raised by surrounding neighbours would be addressed through the following - The submission of a stormwater management plan to demonstrate surrounding properties will not be adversely impacted by storm drainage. - The submission of lighting details to ensure that floodlighting does not project onto surrounding properties. - The submission of a tree preservation/landscape plan. This plan would determine if any of the trees on the property are appropriate for saving and would detail the planting of species which will adequately buffer ci irrni inning properties. - Details of the waste disposal enclosure. To address resident concerns, the enclosure should be sealed. As an alternative to seeking site plan approval and then condominium approval, the applicant could apply for condominium approval only, but construction would not be able to commence until after draft approval granted. The same requirements u�✓r vvui was The .:�ui�i that apply to site plan approval would apply to condominium approval. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and cash-in -lieu of parkland payments for the City. One of the area residents' concerns is that the proposal will have a negative impact on property values. Although this issue is raised from time to time, it is not a planning matter. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Well Planned City strategic priority in that it provides for infill development that occurs in an orderly and efficient manner to take advantage of existing infrastructure. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan ► Schedule 3 - Elevations Recommended by: '\._,;(=y; � c �`' ti Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2014\PBD-2014-42,AM-2013-016, 6479 Montrose Road.wpd August 12, 2014 - 7 - PBD-2014-42 SCHEDULE 1 LOCATION MAP Subject Landes { EDCTxOR?&V § Za A2 . . . . t 2 - . 1 1L a •y y. 1 3»L1 7\ ' ,RED GT » >_ / / / $z & ; I / \ 2 w a&% 6p . > LACY, & ° ` ; » \ . / z»ADDER :<S . - y ! , 7 cm 1 --1 1 1 . <CCC ..:_i | zwAR1222 _ 1 1 Amending m e Zoning By-saw No. 79-200 ®*20® Location: 6479 Montrose Road Applicant 2372198 Ontario Inc. AM-2013-016 August 12, 2014 - 8 - PBD-2014-42 SCHEDULE 2 g6 cN tach mucte ONVOei 3SON 1 NO`JV -,..t..../' . : . rte:+ i = , - :. :7:: : :ii f t I , t t -,-_ t -^', I =` O Z •• , J r • Q 4.11r fl x ' -- T. et v,y August 12, 2014 -9 - PBD-2014-42 SCHEDULE 3 iti i I t L F-, f : _` ({ 1] i 1 R 8 ,' H _E , 11 I 1 I j 1i' f 1 I1 11 II [ _ 71 1I 1--_. z > < Il L H H ' • Z _.. #14fi,., 4 p ` •:7 michael d.alien architect inc. 3 () is October 31, 2013 Ken Mech—Manager of Current Planning a C/o The City of Niagara Falls 4310 Queen Street Niagara Falls, ON. L2E 6X5 RE: AM-2013-016 6479 Montrose Rd.,Niagara Falls Dear Mr. Mech, In response to your correspondence of October 28th, 2013 regarding the above referenced zoning by-law amendment application; Please note that the Planning Justification-Rationale was submitted in reference to question #3 of the submitted application (Explain how the application conforms to the policies of the Official Plan)—and not as a formal planning justification report as it was not a requirement of the Pre-Consultation. If you require further information to what was submitted please advise accordingly. It is acknowledged that an Access Review Brief & Noise Study/Brief as requested by the Region is required and will be submitted as soon as possible. Regards // RECEIVED • Mic ;/ven Architect OCT 3 1 2013 p NNING architect • urban planner • interior design - project management & LOPMENT 3692 matthews drive niagara falls coterie L212Y9 office 905.984.5545 facsimfie 905.984.5542 www.ac-archite A om ___ 1 f' j! 7 ) r `,, ' 3c3�nec' May 1, 2014 - _ 7.1Ir/,2, Dear Director of Planning, Building& Development I am writing this letter to express my strong disagreement of the proposed development application by 2372198 Ontario Inc. at 6479 Montrose RD. The proposed site change will have many negative effects on the surrounding area. No other building in the near surrounding area is as tall as the proposed,this will greatly block the view by surrounding houses and offer far less yard privacy. The proposed low income portion of the building will affect our safety and security in a negative manner in an otherwise safe, secure and family friendly area. I would go to support a maximum of a two story building on the property, as that is common in our neighbourhood. Amongst the neighbours I have spoken to I have not found any support for this proposed project. We feel that this will affect our property values in such a manner that all properties around will feel a need to contact MPAC for a reassessment and probable lowering of our property values. Thank you for your time Chris Corfield 6410 Armstrong Dr, Niagara Falls, Ont MAY MAt iii 1 Lvi' i1PiG _.....j i jri',1r i'iT yrs Nonie LeBlanc 7649 Badger Road Niagara Falls, ON L2H 1H8 August 1, 2014 Alex Herlovitch City of Niagara Falls-Director of Planning 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: 6479 Montrose Road Dear Mr Herlovitch, I am writing to tell you that I am not in agreement with the proposal to amend the zoning by-law to allow an apartment building to be built at 6479 Montrose Road. My house is adjoining 6479 Montrose Road on the south side of the lot. The garbage bins are at the end of my yard practically leaning on my fence. This will attract all kinds of animals such as racoons, skunks, rats and the foul odor will cause an awful smell in my backyard living space. How can I have bbq's and friendly gatherings when the people who live in the new building will have the ability to watch me and my guests 24/7? This is unfair to me and all who live around that building. My privacy and theirs will be eliminated. This property is zoned to be an R1 or R2 and that is how it should stay. An apartment building would ruin the character of this neighbourhood. In conclusion, I am writing this letter to oppose an apartment building being built on 6479 Montrose Road. I am also opposing the zoning amendment for same address. This is NOT beneficial to my family or my backyard living. The only one it does benefit is the developer. Sincerely, / ' �� z ;,,L,„) Nonie LeBlanc 7649 Badger Road RECEIVED AUG 2014 PLANNING & DEVELOPMENT Planning scanned File; JFf 1AL+_.... Gwen Donofrio From: Sue Halliday <rhallidayinn@aol.com> Sent: Wednesday, April 30, 2014 1:42 PM To: Gwen Donofrio Subject: Fwd: May 1 planning meeting, City File AM-2013--016 Would you please note the file as below. Thank you Original Message From: Sue Halliday <rhallidayinnaol.com> To: aherlovitch <aherlovitch[a)niagarafalls.ca> Sent: Wed, Apr 30, 2014 1:40 pm Subject: RE: May 1 planning meeting, City File AM-2013--016 Hi Mr Herlovitch We live at 7696 Badger Rd Niagara Falls and are unable to attend the planning meeting at 6:00pm May 1st. Would you kindly note that we are opposed to the development for the zoning change as the building height does not conform to the neighbourhood. Also traffic is already very congested on Montrose. This many occupants will also cause privacy issues with abutting backyards and at this height cause privacy issues with yards that do not abut to this property. Thank you Sue & Ray Halliday 7696 Badger Rd Niagara Falls L2H 1H9 905-371-3496 RECEIVED APR 3 0 2014 • PLANNING & DEVELOPMENT 1 Manning .. • Wendy Elson 7656 Badger Road Niagara Falls, ON L2H 1H9 April 30, 2014 Att: Niagara Falls City Council Re: Assessment Role 2725-090-006-43800 I am a homeowner on Badger Road and I contest this re-zoning appeal. Traffic is already an issue on this street, especially during rush hour. Increasing this further is not acceptable. This is an established residential area, adding rental apartments does not suit the area. Property values on this street will suffer with the addition of this re-zoning approval. Respectfully, 400 Wendy Elson 905-354-3047 MAY 0 l 201 lNrf i�r Planning •�lT� Scanned File: L •I,.c 1 April 24, 2014 To whom it may concern I have received a revised letter involving an appeal hearing to rezone 6479 Montrose rd- (Assessment Roll No. 2725-090-006-43800)from Residential Single Family ID Density (R1D), in part, and Residential Single Family and Two Family (R2), in part to Residential Apartment 5B Density (R5B). As a resident at 7674 badger Rd. For almost 25 years my concerns are the following: • increase of traffic on Montrose Rd. and Badger Rd. (Montrose Variety Store). • Creating a busy driveway approximately 200 ft. from Badger Rd. will cause traffic issues. • Developing this land for Residential Apartments may cause the surrounding properties to decrease in value and/or making them harder to sell. • Building an Apartment Building would not fit in with the surrounding neighbourhood. Currently the application for 7712 and part of 7720 Badger Rd. (Assessment Roll No's, 2725-0900-006-69501,:2527-090-006-62502 and part of 2725-090- 006-69500) has been refihsed by city council for some of the reasons I have mentioned and is waiting an appeal hearing to Ontario Municipal Board. 1 wilI be opposing the Application at this time. Yours very truly, A r Mrs. Ida Sclunidhuber. 7674 Badger Rd. r; :s JUN 252O1 �u. Planning _,Scannd File: April 24, 2014 To whom it may concern have received a revised letter involving an appeal hearing to rezone 6479 Montrose rd_ (Assessment Roll No. 2725-090-00643800) from Residential Single Family ID Density (RID), in part, and Residential Single Family and Two Family (R2), in part to Residential Apartment 5B Density (RSB). As a resident at 7674 badger Rd. For almost 25 years my concerns are the following O Increase of traffic on Montrose Rd. and Badger Rd. (Montrose Variety Store). • Creating a busy driveway approximately 200 ft- from Badger Rd. will cause traffic issues. • Developing this land for Residential Apartments may cause the surrounding properties to decrease in value and/or making them harder to sell. • Building an Apartment Building would not lit in with the surrounding neighbourhood. Currently the application for 7712 and part or 7720 Badger Rd. (Assessment Rolf No's_ 2725-0900-006-69501,-2527-090-006-62502 and part of 2725-090- 006-69500) has been refused by city council for some of the reasons I have mentioned and is waiting an appeal hearing to Ontario Municipal Board. I will be opposing the Application at this time. Yours very truly, Mr G.Allen Bateman 7666 Badger Rd- JUN 25201k -�1 , m NT jet Planning Scanned File: 7i,t1 y ; July 24, 2014 Aex Herlovitch Qty of Niagara Falls-Director of Harming 4310 Queen greet Niagara Falls Ontario L2E6X5 Re Opposing Zoning By-law Amendment Application-Qty File:AM-2013.016 for 6479 Montrose Road Dear Mr. Herlovitdh, I am a lifelong resident/taxpayer of our city, and I am writing to you again to express my opposition concerning recent discussion and the pending derision to build a 3 story, 30 Unit apartment building behind my home, basically in my backyard. The new proposed building runs completely across the width of my whole two properties(approx. 150 feet) and against my large fence. That is approximately 10 family units looking onto my yard. It will feel like my family and I will be on exhibit. I purchased the house I live in almost 20 years ago because of the privacy it offered and I've made it into my home. I would not have purchased this house if I had any idea a 3 story apartment building could potentially be built there. \N;th that in mind, my property value will diminish greatly with potentially 10 families peering into my yard. Who wants to buy that?Would you? This type of building being erected in an established, low-rise neighbourhood is unfair to all of us who live around it, especially the adjacent properties. Did you know you can see about 6.5 miles away from 22 feet in the air(3rd floor balcony)? I understand trees, buildings and pollution could hamper that 6.5 mile view, but not into my backyard. There will be no buffer.The proposed building is too high for that property which in turn totally invades my privacy and many other homeowners' privacy in the surrounding area. I also have concerns about large diesel garbage trucks and idling vehides by the entrance of the building. This would be negatively affecting the quality of air in my backyard and the surrounding backyards. peaking of quality of air in my backyard, the huge garbage bins along my fence don't impress me either. What about traffic?The list goes on... Flea_. be advised that this letter is my second formal written submission to advise you that I am Otto any change in the Zoning for 6479 Montrose Road, Niagara Falls and furthermore am STRONGLY OPPOSED to an apartment/condo building being constructed in a residentially zoned, low-rise neighbourhood. It is zoned an R1 or P2 and that's how it should stay. One family borne or two family semi/duplex. That is acceptable. In conclusion, and by copy of this letter given to the Mayor, all Members of Coundl, the C1ty Clerk, Director of Ranning arid Renner 2, I ask you to deny any zoning changes to the property at 6479 Montrose Road due to the negative impact it would have on my family and the surrounding properties. Sncerely, Nicole Panto 7635 Badger Road Niagara Falls, Ontario RECEIVED L2H 1H8 (905)356-2538 JUL 2 5 2014 j uggieskid(a?,vahoo.com PLANNING & DEVELOPMENT AM-?o1 3-01 f? 6Th ) Attn: Director of Planning, Building and Development j` n` Scaned Fra: ;z. . • Regarding: 6479 Montrose Rd (Assessment Roll No.: 2725-090-006-43800) In regards to the proposed construction of a three storey apartment complex on Montrose Road, we are against this being approved. We purchased our property(on Badger Rd) in large part to the lack of rear neighbours and the privacy. We are not comfortable with having so many units overlooking our yard. We have a deck that we enjoy and more importantly we have young children who play with their friends out there. The thought of apartment units having a clear view of that is unacceptable. With the proposed con'stru:icnn there would also be the need for Jut pst'er units and we are not fond of having garbage which may cc cony not be maintained on a regular bask, in our backyard. This '.Viii cause odour and could attract wildlife. Again, unacceptable. 0 units rrue ?n:s how many cars? Coming and going, doors slamming and exhaust fumes!! There is also the concern over the lights Ji the building =i5 wellas the lights that would , � required in the parking lot. How can you enjoy your backyard with bright lights beaming all night long? Again, with small children, we do not want these lights outside their bedroom windows. In summary,we think this is a ridiculous proposal for the area and would hope that the city would think of the homeowners in the area surrounding this complex. .ic ` E JUN 26201t4 PLANNING Planning 0 Scanned File: ri August 6, 2014 Mr Andrew Bryce City of Niagara Falls-Planner 2 4310 Queen Street Niagara Fats Ontario L2E 6X5 RE: Zoning By-law Amendment Applicario 1-Cif2 File:AM-2013-018 for 6479 Montrose Road Dear Mr Bryce, My name is Steve Lambert and I own two properties on Badger Road, Niagara Falls. I am writing to you to express my concern and opposition about the pending decision to build a 3 story, 30 Unit apartment building behind my home, basically in my backyard. The fact that the developer has decreased the building from four stories to three stories is not a solution.This makes the building even longer now covering both of my properties, allowing 10 families,20 windows and 10 patio doors, to peer into my backyard at all times. My privacy will disappear and so will any leisure activities that I once enjoyed in my yard, like hot tubing, family bar-b-queues, swimming in my pool,etc. The developer has changed the plans to move the driveway to the ether side of the building,which in effect, moves the building even closer to my property. Now on top of no privacy, allowing for my yard to also be the garbage pit from people throwing things off their balconies i.e. Cigarette butts. I also have concerns about the garbage bins right ai my fence and varmints like rats, raccoons and skunks. What about the smell?This would he in very close proximity to my fence line, negatively affecting the quality of air in my backyard. The traffic congestion trying to get from Badger Road to Montrose Road already takes up to 10 minutes to merge into traffic,what is going to happen adding.30 more families and their visitors to that? Increased traffic poses a safety risk to the public and puts unnecessary congestion on our street. The road is not accommodating enough for all the traffic. Please be advised that this letter is my formal written submission to advise you that I am OPPOSED to any change in the Zoning for 6479 Montrose Road, Niagara Fails and furthermore am STRONGLY OPPOSED to an apartment/condo building being constructed in a residentially zoned, low-rise neighbourhood. Could you please consider, respect and prioritize the perspectives of residents above the monetary interests of the developers. Niagara has plenty of under-utilized space to fill in for the purposes of increas fireceivE D our beautiful residential community ruined. AUG Q 5 2014 PLANNING & DEVELOPMENT In conclusion,and by copy of this letter given to the Mayor, the City Clerk, Director of Planning and Planner 2, i ask you to deny any zoning changes to the property at 6479 Montrose Road due to the negative impact it would have on my family and the surrounding properties. Sincerely, Steve Lambert 7049 Badger Road Niagara Falls Ontario i_2H ;!3 (905) 380-6601 Dean Iorfida From: General Manager <gm@niagarafallsdowntown.com> Sent: Thursday, August 07, 2014 10:10 AM To: Tim Burshtein; Dean Iorfida Subject: Motorcycle Show and Shine Attachments: Road Closure.pdf Gents: I have attached the road closure form for the August 24th motorcycle show and shine. The insurance will follow. Dean, Celebrate old Downtown is asking for council to waive fees. We will not be licencing the event. Grand central will be getting a patio extension. Regards, Nemanja Kuntos BSc General Manager BIA Downtown Board of Management Office Location: 4660 Queen Street Niagara Falls. ON L2E 2L8 P: 905-356-5444 C: 289-407-2989 F: 905-356-5667 g_m©nia_garafallsdowntown_com www.niacarafallsdowntown com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate. distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying. distributing or taking any action in reliance on the contents of this information is strictly prohibited. 1 Dean Iorfida From: Tim Burshtein Sent: Thursday, August 07, 2014 1:15 PM To: Dean Iorfida Subject: RE: Motorcycle Show and Shine Hi Dean: It would approximately cost $500. Thanks, Tim. From: Dean Iorfida Sent: Thursday, August 07, 2014 12:36 PM To: Tim Burshtein Subject: FW: Motorcycle Show and Shine Tim: How much would the fee be? Thanks HEALTH & WELLNESS DAY; • Jim Diodati July 16, 2014 Mayor, City of Nei Ceara Falls Via email Dear Mr. Burroughs: Re: Niagara Health and Wellness Day —September 20, 2014 I write to ask that your Council pass a resolution in support of this new day in Niagara to enhance the health and wellness of people in the Region. Please find enclosed a draft resolution that can be adapted or used by Council to commit to a reLzi.onal program in Niagara that unites you with other local governments in the promotion of increased participation in health and wellness activities in communities across our region. Councils around the Niagara Region could take different approaches to endorse this free family event to be hosted by the Thorold Community Activities Group on Richmond Street in Thorold. Some could simply proclaim the day, September 20, 2014 to raise awareness of the importance of embracing a healthy lifestyle and increase physical activity: others could support the day by participating in a special event featuring expert speakers, demonstrations. Walk With :A Doc. and exhibitors offering, educational and interactive experiences for attendees. Your endorsement of the event will help to drive up participation rates and help promote our common interest in encouraging Canadians to liv e healthier lifestyles. If you support Niagara Health and Wellness Day. please send a copy of your resolution to my office as the event planner monitoring the results across the Region. Thank you in anticipation of your Council helping to promote health and wellness in Niagara. Kindest Regards PaicG Ca vi f ai . Paul Carfagnini Communications Specialist Divine Media (Canada) Inc. caH 905-328-5296 c.c. Betty Lou Lynds, Executive Director. T.C.A.G. Enclosures: Draft resolution Draft resolution for proclamation: Niagara Health and Wellness Day Whereas: • All levels of government across Niagara strive to heighten awareness of the significant benefits of a healthy lifestyle and encourage all residents to increase their level of physical activity and their participation in wellness, recreational sports and fitness activities; • it is in the Niagara Region's interest to improve the health of all residents and to reduce the burden of illness on local families and on the Canadian health care system; • many local governments in the Niagara Region have resources to promote the health and wellness of their citizens: • the Government of Canada and(iovernment of Ontario aim to encourage local governments to facilitate Canadian's participation in healthy physical activities; • Doctors, healthcare providers and community leaders are dedicated to this cause to encourage the region's local governments, non-government organizations, the private sector and all residents in the Region to recognize the third Saturday in September as Niagara Health and Fitness Day and to mark the day with a local event and initiatives celebrating and promoting the importance and use of local health, wellness, recreational, sports and fitness activities. • The Niagara Escarpment, recreational waterways, lakes. forest, parks, cycling lanes. sports fields. arenas. and wellness centres in the Region provide residents with enrichment of a healthy lifestyle and recreational and fitness activities: • Walking, roller Wading, skateboarding, and cycling are effective activities to reduce vehicle pollution and improve physical fitness: • declaring the third Saturday in September to be Niagara Health and Wellness Day will further encourage people in our communities to participate in activities and contribute to their own health and well-being; Therefore: We proclaim Niagara I lealth and Wellness Day in the Municipality of Thorold as the third Saturday in September; F-2014-35 Niagara cells August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2014-35 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of June 30, 2014 were $22.5 million compared to $22.9 million in 2013. During June, tax receivables as a percentage of taxes billed decreased from 36.1% in 2013 to 35.6% in 2014. The City's finance staff has had continued success in resolving properties that are subject to registration for 2014. At this stage, 83.3% of properties have developed payment arrangements or have paid in full. There are currently thirty-six properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2014 improved slightly during the month of June. Table 1 shows that taxes outstanding at June 30, 2014 are $22.5 million. This represents a decrease from $22.9 million in arrears for the same period in 2013. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart August 12, 2014 F-2014-35 shows that the taxes owing from the commercial property class has decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2014, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after six months of activity. This table shows 83.3% of the tax accounts or 324 properties have been paid in full or the owners have made suitable payment arrangements. During June, twelve accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 78.4% (May) to 83.3% (June). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in iIL IC future. During 1I_IC10nth of June, two registered properties vvere rcuCc. ied arid six properties were registered. The outstanding taxes for registered properties represents 3.9% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at June 30, 2014 is 35.6% which is a slight decrease from 2013's value of 36.1%. The municipality kInn a record 'of full collection and earns significant nonc,Ry rovonUoc fv offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at June 30, 2014 Table 2 Taxes Receivable by Property Class at June 30, 2014 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Todd Harrisor Director of Fiance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti TABLE 1 Total Taxes Receivable Owing at June 30,2014 2014 2013 Outstanding Taxes @ May 31, 2014 $ 21,857,954 $ 22,074,748 Taxes Billed and Due June 28 2014 $ 23,028,469 $ 22,841,570 Penalty charged in June $ 220,492 $ 223,451 Taxes Collected during June $ 22,617,368 $ 22,217,013 Outstanding Taxes @ June 30, 2014 $ 22,489,547 $ 22,922,756 Taxes Billed and Due September 30 2014 $ 23,028,469 $ 22,841,570 Taxes Past Due $ 45,518,016 $ 45,764,326 TABLE 2 Taxes Receivable by Property Class as at June 30, 2014 2014 % of Class 2013 % of Class Taxes Owing Taxes Owing Residential $ 36,440,573 80.06% $ 35,716,407 78.04% Multi-Residential $ 99,259 0.22% $ 116,220 0.25% Commercial $ 8,523,948 18.73% $ 9,283,065 20.28% Industrial $ 360,687 0.79% $ 568,037 1.24% Farmlands $ 93,549 0.21% $ 80,597 0.18% Total Receivables $ 45,518,016 100.00% $ 45,764,326 100.00% TABLE 3 Properties Properties Subject to Subject to Registration Registration as at May 31, 2014 as at June 30, 2014 Initial Amount 389 389 Paid in Full 80 92 23.7% Payment Arrangements 225 232 59.6% Ongoing Collection 84 65 16.7% Or+inn Registered 0 0 0.0% 389 389 I 100.0% TABLE 4 Scheduled Number Taxes Tax Sates of Outstanding Date Properties Amount November 2014 24 $ 1,369,080 May 2015 6 $ 168,552 November 2015 6 $ 244,538 Totals 36 $ 1,782,170 �•� F-2014-36 Niagaraaalls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2014-36 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $23,910,062.15 for the period June 19, 2014 to July 23, 2014. 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: Todd Harrison, Director of Finance � t Respectfully submitted: Lvt."„i4"."—I Ken Todd, Chief Administrative Officer T. Harrison Page 1 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 1149943 ONTARIO LTD 374693 26-Jun-2014 REFUND 89 038 80 1238838 ONTARIO LIMITED 374694 26-Jun-2014 REFUND 11,630 12 1405293 ONTARIO INC 374695 26-Jun-2014 REFUND 2,054 34 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATII 374974 02-Jul-2014 SERVICES 909 08 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATII 375127 09-Jul-2014 SERVICES 813 96 157891'ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATS 375350 16-Jul-2014 MATERIALS 334 76 1578954 ONTARIO LIMITED 374696 26-Jun-2014 REFUND 2 580 20 1594268 ONTARIO LTD 374697 26-Jun-2014 REFUND 3 124 96 156453' ONTARIO INC 374698 26-Jun-2014 REFUND 1 72657 1671318 ONTARIO LTD 374699 26-Jun-2014 REFUND 908 30 1736104 ONTARIO INC 374700 26-Jun-2014 REFUND 371 ' 1788618 ONTARIO INC 374701 26-Jun-2014 REFUND 8.543 53 1909611 ONTARIO INC 375351 16-Jul-2014 REFUND 163 04 2023813 ONTARIO CORP 374702 26-Jun-2014 REFUND 2'3 '8 2030638 ONTARIO LTD 374703 26-Jun-2014 REFUND 9,520 93 2033688 ONTARIO LTD 375591 23-Jul-2014 LEASES AND RENTS 9 134 16 2075790 ONTARIO INC 374704 26-Jun-2014 REFUND 10 396 28 2095527 ONTARIO LTD 374705 26-Jun-2014 LICENSE AGREEMENT 1,130.00 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 375128 09-Jul-2014 SERVICES 1 050 00 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 375592 23-Jul-2014 SERVICES 4 100 00 2223199 ONTARIO LTD 375594 23-Jul-2014 REFUND 500 00 2248036 ONTARIO INC 374706 26-Jun-2014 REFUND 313 78 2249419 ONTARIO INC 374707 26-Jun-2014 REFUND 159.255.77 2249419 ONTARIO INC 374708 26-Jun-2014 LEASES AND RENTS 2,250 00 2249419 ONTARIO INC 375595 23-Jul-2014 LEASES AND RENTS 2.230 00 2273393 ONTARIO INC 374709 26-Jun-2014 REFUND 628 22 2343441 ONTARIO INC 0/A MR QUICK CAR WASH 374710 26-Jun-2014 SERVICES 210.13 2348441 ONTARIO INC 0/A MR QUICK CAR WASH 375596 23-Jul-2014 SERVICES 244 08 2402309 ONTARIO INC 374711 26-Jun-2014 REFUND 450.00 4 IMPRINT 374976 02-Jul-2014 MATERIALS 251 73 4049 RIVER ROAD LP 374712 26-Jun-2014 REFUND 27,569.47 407 ETR EXPRESS TOLL ROUTE 375129 09-Jul-2014 SERVICES 312 34 407 ETR EXPRESS TOLL ROUTE 375597 23-Jul-2014 SERVICES 19992 4664 QUEEN STREET LTD 374713 26-Jun-2014 REFUND 21,494 89 4664 QUEEN STREET LTD 375352 16-Jul-2014 GRANT 10 000 C0 486664 ONTARIO LIMITED 374714 26-Jun-2014 REFUND 608.03 547554 ONTARIO LIMITED 374715 26-Jun-2014 REFUND 3,535 43 550857 ONTARIO LTD 374716 26-Jun-2014 REFUND 220 1' 581858 ONTARIO LTD 374717 26-Jun-2014 REFUND 1.314 98 6933 LUNDYS LANE HOLDINGS INC 374718 26-Jun-2014 REFUND 1.0 17 25 705336 ONTARIO LIMITED 374719 26-Jun-2014 REFUND 1 799.65 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 374720 26-Jun-2014 MATERIALS 101.70 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 375353 16-Jul-2014 MATERIALS 232 16 984265 ONTARIO LTD aka CIRCLE P PAVING 375354 16-Jul-2014 CONTRACT SERVICES 987.10 934265 ONTARIO LTD aka CIRCLE P PAVING 375598 23-Jul-2014 CONTRACT SERVICES 67.385.32 A&T ROBERTO LIMITED 374731 26-Jun-2014 REFUND 749 9- A B C 'ABC RECREATION LTD 374721 26-Jun-2014 MATERIALS 1,22967 A J STONE COMPANY LTD 374980 02-Jul-2014 MATERIALS 2'050 ' A J STONE COMPANY LTD 375361 16-Jul-2014 MATERIALS 455.28 ABSOLUTE COMMUNICATION&DESIGN 375355 16-Jul-2014 SERVICES 734.50 ACA ENGINEERING SERVICES 375130 09-Jul-2014 SERVICES 2 478 76 ACA ENGINEERING SERVICES 375356 16-Jul-2014 SERVICES 290.18 ACAPULCO POOLS 375357 16-Jul-2014 MATERIALS 3 154.00 ACCOUNTANT OF SUPERIOR COURT OF JUSTICE 374970 27-Jun-2014 SURPLUS FUNDS FROM TAX SALE 23 729.06 ACCU LOCK AND SECURITY 374977 02-Jul-2014 MATERIALS 23 73 ACCU LOCK AND SECURITY 375131 09-Jul-2014 MATERIALS 1,056.89 ACCU LOCK AND SECURITY 375358 16-Jul-2014 MATERIALS 23.73 ACCUTRAC CAPITAL ITC INC 374722 26-Jun-2014 SERVICES 244 08 ADAMS.JONATHAN 375132 09-Jul-2014 REFUND 750.00 ADVANCE TOWING 374723 26-Jun-2014 SERVICES 1,542.45 ADVANCE TOWING 374978 02-Jul-2014 SERVICES 858.30 ADVANCE TOWING 375133 09-Jul-2014 SERVICES 265 55 ADVANCE TOWING 375359 16-Jul-2014 SERVICES 525.45 ADVANCE TOWING 375599 23-Jul-2014 SERVICES 242 95 AECOM CANADA LTD 375348 10-Jul-2014 CONTRACT SERVICES 7,728.51 AFFILIATED CUSTOMS BROKERS LTD 374724 26-Jun-2014 SERVICES 33.79 AFFILIATED CUSTOMS BROKERS LTD 374979 02-Jul-2014 SERVICES 509 21 AFFILIATED CUSTOMS BROKERS LTD 375135 09-Jul-2014 SERVICES 1,099.00 AFFILIATED CUSTOMS BROKERS LTD 375360 16-Jul-2014 SERVICES 54 21 AFFILIATED CUSTOMS BROKERS LTD 375600 23-Jul-2014 SERVICES 59.64 AIR CARE SERVICES 375136 09-Jul-2014 MATERIALS 220 35 AIR CARE SERVICES 375601 23-Jul-2014 MATERIALS 43,906 15 AIRON HVAC 375137 09-Jul-2014 SERVICES 1,203 45 Page 2 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount ALFIDOME CONSTRUCTION 374981 02-Jul-2014 MATERIALS 22,950 02 ALF-COME CONSTRUCTION 315138 U9-Jul-2U14 DUN I HAD I SERVICES 8 972 35 ALFIDOME CONSTRUCTION 375602 23-Jul-2014 CONTRACT SERVICES 59 043 47 ALFIDOME CONSTRUCTION 375603 23-Jul-2014 MATERIALS 126 75 ALFIE'S LEMONADE 375139 09-Jul-2014 SERVICES 50 00 ALISON'S SPORTS&AWARDS 374725 26-Jun-2014 MATERIALS 76 22 ALISON'S SPORTS&AWARDS 375140 09-Jul-2014 MATERIALS 45 14 ALL FLOW PLUMBING 374727 26-Jun-2014 WRAP2013-335 900 00 AIL GREEN IRRIGATION 374728 26-Jun-2014 MATERIALS 1.768 45 ALL STAR MECHANICAL PLUMBING&HEATING 375605 23-Jul-2014 WRAP2014-0113 3.900 00 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 374726 26-Jun-2014 MATERIALS 16372 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 374982 02-Jul-2014 MATERIALS 260 30 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 375141 09-Jul-2014 MATERIALS 101 02 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 375362 16-Jul-2014 MATERIALS 122 15 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 375604 23-Jul-2014 MATERIALS 266.43 ALLIED MEDICAL INSTRUMENTS INC 375142 09-Jul-2014 MATERIALS 1,853.99 AMALGAMATED TRANSIT UNION 41582 374983 02-Jui-2014 PAYROLL REMITTANCE 3 147 32 AMALGAMATED TRANSIT UNION#1582 375363 16-Jul-2014 PAYROLL REMITTANCE 3.208.30 AMEC ENVIRONMENT&INFRASTRUCTURE 375143 09-Jul-2014 SERVICES 5,492 49 ANDERSON.ANDREW RICHARD&ANDERSON,ALISON 375364 16-Jul-2014 REFUND 500 00 ANDREWS.EMILY 375365 16-Jul-2014 HONORARIUM 25 00 ANGLE,BETH 375144 09-Jul-2014 TRAVEL/MILEAGE 135.00 ANTHONY'S EXCAVATING CENTRAL INC 375366 16-Jul-2014 CONTRACT SERVICES 17 085 60 ANTHONY'S EXCAVATING CENTRAL INC 3/5505 93-Jul-2014 SERVICES 15 458.40 ANTONIO,BREANNA 375367 16-Jul-2014 MATERIALS 23 70 AQUICON CONSTRUCTION CO LTD 375368 16-Jul-2014 CONTRACT SERVICES 1.590.240 60 ARCHER TRUCK CENTRE WELLAND LTD 375145 09-Jul-2014 MATERIALS 61 48 ARCTIC GLACIER CANADA INC 374729 26-Jun-2014 MATERIALS 111.60 ARIVA 374730 26-Jun-2014 MATERIALS 2.888 45 ARIVA 374984 02-Jul-2014 MATERIALS 606.84 ARIVA 375146 09-Jul-2014 MATERIALS 86.69 ARIVA 375369 16-Jul-2014 MATERIALS 232.78 ARIVA 375607 23-Jul-2014 MATERIALS 1.849.18 ARMBRO TRANSPORT INC 375370 16-Jul-2014 MATERIALS 101 11 ARTISTA DESIGN&PRINT INC 375147 09-Jul-2014 MATERIALS 141 25 ARTISTA DESIGN &PRINT INC 375371 16-Jul-2014 MATERIALS 678.00 ASSOCIATED ENGINEERING(ONT) LTD 375372 16-Jul-2014 CONTRACT SERVICES 22,627 57 AVELLA'S WOOD FIRED OVEN 375148 09-Jul-2014 SERVICES 50 00 AVONDALE STORES LTD 374732 26-Jun-2014 REFUND 2,185 27 B&C TRUCK CENTRE 375377 16-Jul-2014 MATERIALS 278 08 B&S POOL SERVICES 355140 U9-Jul-2014 HERVICtU 455.13 B&S POOL SERVICES 375373 16-Jul-2014 SERVICES 950.90 B&S POOL SERVICES 375503 23-Jul-2014 MATERIALS 257 64 BAGPIPER S FISH &CHIPS THE 375150 09-Jul-2014 SERVICES 50 00 BAIN PRINTING LIMITED 375374 16-Jul-2014 MATERIALS 45 20 BAKER 374733 26-Jun-2014 MATERIALS 509 57 BAKER 374985 02-Jul-2014 MATERIALS 622 98 BAKER 375151 09-Jul-2014 MATERIALS 2.132 01 BAKER 375375 16-Jul-2014 MATERIALS 172 71 BAKER 375509 23-Jul-2014 MATERIALS 145 90 BALDINELLI LOUIE 375152 09-Jul-2014 TRAVEL/MILEAGE 180.52 BALOGH,MIKA 374986 02-Jul-2014 REFUND 40.00 BATTLEFIELD EQUIPMENT RENTALS 374987 02-Jul-2014 LEASES AND RENTS 1,406 71 BATTLEFIELD EQUIPMENT RENTALS 375376 16-Jul-2014 MATERIALS 1,010 23 BATTLEFIELD EQUIPMENT RENTALS 375610 23-Jul-2014 MATERIALS 316 02 BEATTIES BASICS 375378 16-Jul-2014 MATERIALS 575 32 BELL CANADA 374734 26-Jun-2014 SERVICES 13.23 BELL CANADA 374735 26-Jun-2014 SERVICES 558 19 BELL CANADA 375154 09-Jul-2014 SERVICES 78.54 BELL CANADA 375380 16-Jul-2014 SERVICES 616.58 BELL CANADA 375612 23-Jul-2014 SERVICES 19 77 BELL CANADA-PUBLIC ACCESS 375611 23-Jul-2014 SERVICES 169.50 BELLAMY,DAN 375379 16-Jul-2014 MATERIALS 134 46 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 374736 26-Jun-2014 MATERIALS 2.500 51 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 374988 02-Jul-2014 MATERIALS 90.46 BERRY,GERALD&FRANCES 374737 26-Jun-2014 REFUND 580.25 BESSEY,BEVERLEY ANN 375381 16-Jul-2014 REFUND 750.00 BIAMONTE,BRET 374738 26-Jun-2014 REFUND 19 91 BIANCO,DOMENIC 375613 23-Jul-2014 MATERIALS 149.98 BICKLE MAIN INDUSTRIAL SUPPLY INC 374739 26-Jun-2014 MATERIALS 42 94 BICKLE MAIN INDUSTRIAL SUPPLY INC 375155 09-Jul-2014 MATERIALS 683.65 BIGGARS KEY SHOP 375156 09-Jul-2014 MATERIALS 73.45 BILOTTA,TOM - 374740 26-Jun-2014 MATERIALS 75 00 BLACK&MCDONALD LTD 375157 09-Jul-2014 SERVICES 1,236.03 Page 3 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount BOB ROBINSON&SON CONSTRUCTION 374989 02-Jul-2014 SERVICES 1,672 40 BOB ROBINSON &SON CONSTRUCTION 375614 23-Jul-2014 CONTRACT SERVICES 9 246 82 BOB ROBINSON&SON CONSTRUCTION 375615 23-Jul-2014 MATERIALS 1 898 40 BOBCAT OF HAMILTON LTD 375158 09-Jul-2014 MATERIALS 319.68 BOLAND HEIDI 375383 16-JuI-2014 REFUND 30 00 BOOT SHOP THE 375616 23-Jul-2014 MATERIALS 186 45 BOTTS AMANDA 374741 26-Jun-2014 SERVICES(HONOURARIAM) 50 00 BOYS&GIRLS CLUB OF NIAGARA 374742 26-Jun-2014 GRANT 16.066.67 BOYS&GIRLS CLUB OF NIAGARA 375617 23-JuI-2014 GRANT 16,066 67 BRAND BLVD INC 374991 02-JuI-2014 MATERIALS 426 01 BRAND BLVD INC 375159 09-JuI-2014 MATERIALS 626.02 BRAND BLVD INC 375384 16-JuI-2014 MATERIALS 745 24 BREMNER.JUDITH 375385 16-JuI-2014 REFUND 145 45 BREMNER.KRISTIN 375386 16-JuI-2014 REFUND 170 26 BRINKS CANADA LTD 374743 26-Jun-2014 SERVICES 2 862 56 BRINKS CANADA LTD 375619 23-JuI-2014 SERVICES 3.115 19 BROCK FORD LINCOLN 374744 26-Jun-2014 MATERIALS 985 83 BROCK FORD LINCOLN 374992 02-JuI-2014 MATERIALS 286 46 BROCK FORD LINCOLN 375160 09-JuI-2014 MATERIALS 2 654 29 BROCK FORD LINCOLN 375387 16-JuI-2014 MATERIALS 469 97 BRODERICK&PARTNERS LLP IN TRUST 374973 30-Jun-2014 ADMINISTRATIVE 81 770 00 BROER.DENIELLE 374746 26-Jun-2014 SERVICES 550 00 BROWN'S SEPTIC SERVICE LTD 374993 02-Jul-2014 SERVICES 3 610 35 BRUNNING.MARGARET 375389 16-JuI-2014 MATERIALS 130 00 BRUNNING TODD 375388 16-JuI-2014 MATERIALS 175.00 BUDGET SHEETMETAL INC 375390 16-JuI-2014 MATERIALS 1.073 50 BUILDING INNOVATION 375161 09-JuI-2014 SERVICES 10,170 00 Faye 4 of 1„ CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount Page 5 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount Paye 6 91 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque Na Cheque Date Purpose Amour: BULLER ADAM 375126 08-Jul-2014 MATERIALS 5 589 20 DULLER,ADAM 375392 16-Jui-2014 MATERIALS 350 00 BULLERADAM 375621 23-Jul-20 14 MATERIALS 600 05 BURKE GROUP -THE 375393 16-Jul-2014 SERVICES 2 d93-45 BUTYNIEC,DAVE 375152 09-Jul-2014 TRAVEL/MILEAGE 59.40 BYFORD.CHRISTOPER 375394 16-Jul-2014 REFUND 103.43 CALDWELL,RAY 374747 26-Jun-2014 HONORARIUM 25 00 CALE SYSTEMS INC 374748 26-Jun-2014 CONTRACT SERVICES 1.197 80 CAN AM INSTRUMENTS LTD 375622 23-Jul-2014 MATERIALS 1 i 5 15 CANADA CULVERT 375164 09-Jul-2014 MATERIALS 1 957 02 CANADA PRO PLUMBING 375163 09-Jui-2014 CONTRACT SERVICES 3 398 25 CANADIAN BEARINGS LTD 374750 26-Jun-2014 MATERIALS 340 58 CANADIAN BEARINGS LTD 375395 16-Jul-2014 MATERIALS 34 76 CANADIAN BEARINGS LTD 375623 23-Jul-2014 MATERIALS 185 73 CANADIAN DOOR DOCTOR 374751 26-Jun-2014 MAINTENANCE/REPAIRS 412 45 CANADIAN DOOR DOCTOR 375397 16-Ju1-2014 MATERIALS 113 65 26-Jun-2014 201 A MATERIALS 270- CANA^vIAiJ LINEN&UNIFORM 374752 �-��-�� . �.��.��.�„�., _.- _ CANADIAN LINEN&UNIFORM 374995 02-Jul-2014 MATERIALS 270 79 CANADIAN LINEN&UNIFORM 375165 09-Jul-2014 MATERIALS 405 56 CANADIAN LINEN&UNIFORM 375398 16-Jul-2014 MATERIALS 393 49 CANADIAN LINEN&UNIFORM 375624 23-Jul-2014 MATERIALS 558 23 CANADIAN NATIONAL 374753 26-Jun-2014 CONTRACT SERVICES 3 391 63 CANADIAN NATIONAL 375399 16-Jul-2014 CONTRACT SERVICES 43 187 72 CANADIAN NATIONAL 375625 23-Ju1-2014 CONTRACT SERVICES 3�.��OW -.3 CANADIAN PACIFIC RAILWAY CO 374754 26-Jun-2014 CONTRACT SERVICES 1 224 67 CANADIAN PACIFIC RAILWAY CO 375626 23-Jul-2014 CONTRACT SERVICES 1 224 67 CANADIAN PORTABLE SERVICES 375627 23-Jul-2014 SERVICES 1.615 90 CANAVAN,WENDY 374749 26-Jun-2014 TRAVEL/MILEAGE 148 50 CANCORE INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE 374994 02-Jul-2014 MATERIALS 1 020 33 CANDELORA,MELISSA 375396 16-Jul-2014 REFUND 170.80 CANTEC 70- - CANTEC SECURITY SERVICES INC 375628 23-Jul-2014 SERVICES 6.426 08 CARIBBEAN PROVISIONS ON DA GO 375166 09-Jul-2014 SERVICES 50 00 CARLETON UNIFORMS INC 374996 02-Jul-2014 MATERIALS 241.31 CARLETON UNIFORMS INC 375167 09-Ju1-2014 MATERIALS 805 80 CARQUEST 374755 26-Jun-2014 MATERIALS 54 79 CARQUEST 374997 02-Jul-2014 MATERIALS 28-00 CARQUEST 375168 09-Jul-2014 MATERIALS 15 39 CARQUEST 375400 16-Jul-2014 MATERIALS 267 32 CARQUEST 375629 23-Jul-2014 MATERIALS 51 22 CARRICK,MARZENNA 375169 09-Jul-2014 TRAVEL/MILEAGE 207 90 LARYC II.I'I,IVIAKLCIV IVA 3/5()36 23-JUi-2014 TRAVEL/MILEAGE iiLEAvE 650 61 CARRIERE RYAN 375170 09-Jul-2014 TRAINING 435 90 CARUSO.CHRISTINE 375631 23-Jul-2014 REFUND-SWIM LESSONS 38 70 CASTLE MECHANICAL 375402 16-Jul-2014 MATERIALS 1 257 69 CATARACT COLLISION CENTRE 374756 26-Jun-2014 MATERIALS 389 35 CEDAR SPECIALTY SHOPPES 375172 09-Jul-2014 MATERIALS 357.93 CENTRAL COMMUNICATIONS 375173 09-Jul-2014 SERVICES 485 90 CENTRE COURT CAFE 375632 23-Jul-2014 MATERIALS 95 60 CENTURY VALLEN 375633 23-Jul-2014 MATERIALS 982 93 CERIDIAN CANADA LTD 375174 09-Jul-2014 CONTRACT SERVICES 1 874 45 GEMS-WEST CONSULTING INC 374758 26-Jun-2014 CONSULTING SERVICES 3.955 00 CH2M HILL CANADA LTD 375403 16-Jul-2014 SERVICES 29 871 80 CH2M HILL CANADA LTD 375634 23-Ju1-2014 SERVICES 4 410 39 CHAMBER OF COMMERCE NIAGARA FALLS 374687 19-Jun-2014 MATERIALS 530 00 CHAMBER OF COMMERCE NIAGARA FALLS 374759 26-Jun-2014 ADVERTISING 34 75 CHAMBER OF COMMERCE NIAGARA FALLS 374999 02-Jul-2014 MATERIALS 155 29 CHAMBERLAIN,JAY 375404 16-Jul-2014 REFUND 750 00 CHAPMAN MURRAY ASSOCIATES 375176 09-Jul-2014 SERVICES 381 38 CHARLES JONES INDUSTRIAL LTD 374760 26-Jun-2014 MATERIALS 1.712 62 CHARLES JONES INDUSTRIAL LTD 375000 02-Jul-2014 MATERIALS 312 90 CHARLES JONES INDUSTRIAL LTD 375177 09-Jul-2014 MATERIALS 1.616.91 CHARLES JONES INDUSTRIAL LTD 375405 16-Jul-2014 MATERIALS 344 99 CHARLES JONES INDUSTRIAL LTD 375635 23-Jul-2014 MATERIALS 1.532 01 CHIARDOME PROPERTIES INC 374761 26-Jun-2014 REFUND-070 017 11700 3 015 31 CHRIS CRISTELLI&ASSOCIATES INC 374762 26-Jun-2014 CONSULTING SERVICES 5,887 30 CHUACHIACO,WINWIN&CHUACHIACO, LUIS 375636 23-Jul-2014 REFUND 422 83 CIBC ELECTRONIC BANKING OPERATIONS 375178 09-Jul-2014 REFUND 113.42 CIMCO REFRIGERATION 375179 09-Jul-2014 MATERIALS 2 969 26 CIT FINANCIAL LTD 374763 26-Jun-2014 LEASES AND RENTS 523.86 CITY OF ST CATHARINES 375406 16-Jul-2014 GO INITIATIVE COST SHARING 4.904 35 CITY OF THOROLD PIPE BAND do MR ALAN SPENCER 374764 26-Jun-2014 SERVICES 750.00 CITY VIEW BUS&TRUCK REPAIR&SALES LTD 375001 02-Jul-2014 MATERIALS F568 51 CITY VIEW BUS&TRUCK REPAIR&SALES LTD 375180 09-Jul-2014 MATERIALS _ 2.669 41 CITY VIEW BUS&TRUCK REPAIR&SALES LTD 375407 16-Jul-2014 MATERIALS 772 78 Page 7 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount CLARK TIFFANY 375181 09-Jul-2014 TRAINING 40,6 30 CLAYBAR CONTRACTING INC 375408 16-Jul-2014 REFUND 750 00 CLAYDON,JEFF 375002 02-Jul-2014 TRAVEL/MILEAGE 113 40 CLIMATE CONTROL-HAMILTON 375182 09-Jul-2014 MATERIALS 322 05 CLIMATE CON FROL-HAMILTON 375409 16-Jul-2014 SERVICES 3 371 92 CLUB ITALIA ORDER OF SONS OF ITALY 375183 09-Jul-2014 MATERIALS 3.35050 CNI',1INC 374765 26-Jun-2014 REFUND 1017592 COFFEY GEOTECHNICS INC 375003 02-Jul-2014 SERVICES 12.2'4 17 COFFEY GEOTECHNICS INC 375410 16-Jul-2014 SERVICES 1,695 00 COFRE JUAN 374766 26-Jun-2014 REFUND 48 33 COGECO CABLE CANADA LP 375185 09-JuI-2014 SERVICES 847 50 COLLEE DOUGLAS 375637 23-JuI-2014 MATERIALS 70 00 COLLINS CONCESSIONS LTD 375004 02-Jul-2014 MATERIALS 810 0O COLVOY ENTERPRISES 2012 LTD 375005 02-JuI-2014 MATERIALS 577 35 COMMERCIAL DIGITAL PRINT INC 375411 16-Jul-2014 MATERIALS 7345 COMMISSIONAIRES 375006 02-Jul-2014 CONTRACT SERVICES 19.186 77 COMMISSIONAIRES 375412 16-JuI-2014 CONTRACT SERVICES 19 236 23 COMMISSIONAIRES 375638 23-JuI-2014 CONTRACT SERVICES 1 754 66 CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE-SUD WIRE 30-Jun-2014 TAX LEVY 64 557 19 CONSEIL SCOLAIRE DE DISTRICT DU CENTRE-SUD-OUEST WIRE 30-Jun-2014 TAX LEVY 227.734 19 CORBETT CONTRACTING DEMOLITION SPECIALISTS 374767 26-Jun-2014 MATERIALS 192,622 63 COSTELLODEREK R 375007 02-JuI-2014 CONSULTING SERVICES 2325 00 COSTELLO DEREK R 375639 23-JuI-2014 CONSULTING SERVICES 3,750.00 COTTON INC 374768 26-Jun-2014 CONTRACT SERVICES 23,358 96 COiUNITR'BASKET-THE 375186 09-Ju!-2014 MATERIALS 20289 COURTALYSON 375187 09-JuI-2014 SERVICES 100 00 CRADDOCK ROSE ANN 375640 23-JuI-2014 REFUND 500 00 CRAWFORD&COMPANY(CANADA)INC 374769 26-Jun-2014 SERVICES 1408 00 CRAWFORD&COMPANY(CANADA)INC 375008 02-JuI-2014 SERVICES 2.280 30 CRAWFORD&COMPANY(CANADA)INC 375188 09-JuI-2014 SERVICES 220 00 CRAWFORD&COMPANY(CANADA)INC 375413 16-Jul-2014 SERVICES 7,'06.00 CRAWFORD&COMPANY(CANADA)INC 375641 23-JuI-2014 SERVIC 6,908 00 CREASOR TIMOTHY 375414 16-Jul-2014 REFUND 128 34 CREATIVE SIGNWORKS OF NIAGARA INC 375642 23-Jul-2014 MATERIALS 818 91 CRISTIANO PETER 375643 23-Jul-2014 REFUND 116 33 CROSSEY ENGINEERING LTD 375644 23-JuI-2014 SERVICES 13153 20 CROWLAND VOLUNTEER FIRE DEPT NO 6 375416 16-Jul-2014 TRAVEL/MILEAGE 492 91 CRUISE CANADA INC 374770 26-Jun-2014 REFUND 20 00 CRUISE CORY 375417 16-Jul-2014 MATERIALS 37 50 CULLIGAN 375645 23-Jul-2014 MATERIALS 453 22 CUMMINGS TAYLOR ALLEN 375646 23-JuI-2014 REFUND 360 C0 CUPS LOCAL 133 375009 02-JuI-2014 PAYROLL REMITTANCE 9.096 57 LUPE LOCAL 133 375418 16-JuI-2014 PAYROLL REMITTANCE 9 960'1 CURTIS GAIL DEVELOPMENT CORPORATION 374771 26-Jun-2014 REFUND 1952 66 CYBERBAHN INC 375647 23-Jul-2014 REPLENISH ACCOUNT 500 00 DALIMONTE JOE 375419 16-JuI-2014 REFUND 4 04 DAMARIO TONY 374772 26-Jun-2014 TRAVEL/MILEAGE 126 33 DARCH FIRE 374773 26-Jun-2014 MATERIALS 231.88 DARCH FIRE 375189 09-Jul-2014 SERVICES 68 42 DAVID CHEVROLET CORVETTE LTD 374774 26-Jun-2014 MATERIALS 18921 85 DAVIDSON ENVIRONMENTAL 374775 26-Jun-2014 MATERIALS 110 74 DAVIDSON ENVIRONMENTAL 375648 23-Jul-2014 MATERIALS 94 92 DAVIDSON ANGELA 375420 16-JuI-2014 TRAVEL/MILEAGE 282 64 DE LADE LANDEN FINANCIAL SERVICES CAN INC 375010 02-JuI-2014 CONTRACT SERVICES 2,895 06 DECICCO CATHERINE 375421 16-JuI-2014 REFUND 261 52 DELCAN CORPORATION 374776 26-Jun-2014 CONSULTING SERVICES 15,029 57 DELL GARY 375011 02-JuI-2014 REFUND 184 35 DEMEO GUERINO 375012 02-JuI-2014 REFUND 42 37 DEMOL'S TIRE SALES&SERVICE 374777 26-Jun-2014 MATERIALS 20,995 15 DEMOL'S TIRE SALES&SERVICE 375013 02-JuI-2014 MATERIALS 712 51 DEMOL'S TIRE SALES A SERVICE 375422 16-JuI-2014 MATERIALS 410 07 DEMOL'S TIRE SALES&SERVICE 375649 23-JuI-2014 MATERIALS 119 22 DESIGN ELECTRONICS 375014 02-JuI-2014 MATERIALS 644 10 DESIGN ELECTRONICS 375423 16-JuI-2014 SERVICES 148.31 DETLOR,JEFF 374778 26-Jun-2014 WRAP 2013-305 3.900 00 DEVEREAUX.FRANK 375424 16-JuI-2014 TRAVEL/MILEAGE 45 00 DEZSO,PAL 374779 26-Jun-2014 REFUND 74 03 DICKSON BRIAN 375425 16-JuI-2014 TRAVEL/MILEAGE 45.00 DIFRUSCIO,CASSANDRA 374780 26-Jun-2014 SERVICES 100.00 DILIBERO,NICOLA 374781 26-Jun-2014 REFUND 1387 20 DIODATI,JIM 374782 26-Jun-2014 GRANT 3,392 79 DIODATI,JIM 375650 23-JuI-2014 TRAVEL/MILEAGE 1,155.00 DIRECT EQUIPMENT LTD 374783 26-Jun-2014 MATERIALS 1,930.04 DIRECT EQUIPMENT LTD 375015 02-JuI-2014 LEASES AND RENTS 231.65 Page 3 of lb. CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque Na Cheque Date Purpose Amount DIRECT EQUIPMENT LTD 375190 09-Jul-2014 MATERIALS 1,299 22 DISTRICT SCHOOL DOARD OF NIAGARA ,WIRE 30-jun-2014 TAX LEVY J.492 398 93 DJOKIC ZORAN 375191 09-Jul-2014 TRAVEL/MILEAGE 52 38 DON'S PORTABLE TOILETS 375016 02-Jul-2014 LEASES AND RENTS(PATRICK CUP/ 1 495 39 DON'S PORTABLE TOILETS 375651 23-Jul-2014 LEASES AND RENTS 3.008 06 DROLLIS SAFETY SUPPLY CO LTD 375192 09-JuI-2014 MATERIALS 1 698 39 DTZ BARNICKE NIAGARA 374784 26-Jun-2014 REFUND 5 23 84 DUFFERIN CONCRETE 374785 26-Jun-2014 MATERIALS 8.043 35 DUFFERIN CONCRETE 375193 09-Jul-2014 MATERIALS 1.961 68 DUFFERIN CONCRETE 375426 16-JuI-2014 MATERIALS 528 84 DULUX PAINTS 375427 16-Jul-2014 MATERIALS 6' 44 DUMONT SECURITY 375017 02-JuI-2014 SERVICES 951 64 DUMONT SECURITY 375194 09-Jul-2014 SERVICES 138 99 DUNN AND DRUMMOND INCORPORATED 374786 26-Jun-2014 REFUND 7 854 01 DYNAMIC INDUSTRIAL SERVICES INC 375652 23-JuI-2014 SERVICES 839 03 EBERSOLE EXCAVATING INC 375428 16-Jul-2014 MATERIALS 6,525 75 ED LEARN FORD SALES LTD 374737 20-Jun-2014 MATERIALS 101 .8 ED LEARN FORD SALES LTD 375195 09-JuI-2014 MATERIALS 663 77 ED LEARN FORD SALES LTD 375430 16-JuI-2014 MATERIALS 105 78 ED LEARN FORD SALES LTD 375653 23-Jul-2014 MATERIALS 75 45 EGGER,JOHN 375654 23-JuI-2014 REFUND 1,634 58 ELITE PLUMBING&REPAIR 374788 26-Jun-2014 WRAP 2013-161 898 35 ELITE PLUMBING&REPAIR 375655 23-JuI-2014 WRAP 2013-359 3.398 50 EI IS ENOINEE ZING INC��i.i �ivvllv��.I�IIv i 3756'66' LJ-JUI-LV 14 SERVICED cv 475.05 ELREG DISTRIBUTORS LTD 375431 16-Jul-2014 MATERIALS 304 65 ELREG DISTRIBUTORS LTD 375657 23-JuI-2014 MATERIALS 90 14 EMCO CORPORATION 374789 26-Jun-2014 MATERIALS 1.735 68 EMCO CORPORATION 375019 02-Jul-2014 MATERIALS 3.525 37 EMCO CORPORATION 375196 09-JuI-2014 MATERIALS 1,654.32 EMPIRE COMMUNITIES 375020 02-JuI-2014 REFUND 57 40 ENBRIDGE 374790 26-Jun-2014 UTILITIES 641 34 ENBRIDGE 374791 26-Jun-2014 UTILITIES 13,60182 ENBRIDGE 375021 02-JuI-2014 UTILITIES 23 47 ENBRIDGE 375197 09-JuI-2014 UTILITIES 4.257 59 ENBRIDGE 375432 16-JuI-2014 UTILITIES 679 30 ENBRIDGE 375658 23-JuI-2014 UTILITIES 371 11 ENBRIDGE GAS DISTRIBUTION INC 374792 26-Jun-2014 UTILITIES 4 407 00 ENJOYING NIAGARA INC 374793 26-Jun-2014 MATERIALS 785 35 E-QUIP RENTALS&REPAIRS INC 374795 26-Jun-2014 MATERIALS 1 343 88 E-QUIP RENTALS&REPAIRS INC 375434 16-JuI-2014 LEASES AND RENTS 436 79 E-QUIP RENTALS S REPAIRS INC J/JVVU 23-JUI-2U 14 LEASES AND RENTS 11 29 EQUIPMENT SPECIALIST INC 374794 26-Jun-2014 LEASES AND RENTS 13,763 40 EQUIPMENT SPECIALIST INC 375198 09-JuI-2014 MATERIALS 19 491 37 EQUIPMENT SPECIALIST INC 375433 16-JuI-2014 MATERIALS 1 348 20 EQUIPMENT SPECIALIST INC 375659 23-Jul-2014 LEASES AND RENTS 17 43' '0 EVANOFFVICTOR 375199 09-Jul-2014 TRAVEL/MILEAGE 30 00 EVANS UTILITY SUPPLY LTD 375200 09-Ju!-2014 MATERIALS 19 237 37 EVERLASTING IMPRESSIONS 374796 26-Jun-2014 SERVICES 2.003 5' EVERLASTING IMPRESSIONS 375435 16-Jul-2014 SERVICES 1,054 29 EVOLUTION TRUCK&TRAILER SERVICE 374797 26-Jun-2014 MATERIALS 409 41 EVOLUTION TRUCK&TRAILER SERVICE 375022 02-JuI-2014 MATERIALS 529 91 EVOLUTION TRUCK&TRAILER SERVICE 375201 09-JuI-2014 MATERIALS 438 84 EXCELLENCE CANADA 375661 23-Jul-2014 MATERIALS 839 03 EXPOGRAPHIQ INTERNATIONAL LIMITED 374798 26-Jun-2014 MATERIALS 641 84 FALLS AUTO BODY INC 375436 16-JuI-2014 MATERIALS 6.065 16 FALLS CHEVROLET CADILLAC 374799 26-Jun-2014 MATERIALS 59 33 FALLS CHEVROLET CADILLAC 375202 09-Jul-2014 MATERIALS 595 88 FALLS ELECTRIC INC 375662 23-JuI-2014 MATERIALS 1.663 79 FARNAN,JR,GARY R 375203 09-JuI-2014 MATERIALS 175 00 FAST,DAVID JOHN 374800 26-Jun-2014 REFUND 971 11 FASTENAL CANADA LTD 374801 26-Jun-2014 MATERIALS 296 16 FASTENAL CANADA LTD 375023 02-Jul-2014 MATERIALS 262 94 FASTENAL CANADA LTD 375204 09-Jul-2014 MATERIALS 557 73 FASTENAL CANADA LTD 375437 16-Jul-2014 MATERIALS 834 70 FASTENAL CANADA LTD 375663 23-JuI-2014 MATERIALS 492 30 FEREN SIGNS&AWNINGS LTD 375664 23-JuI-2014 MATERIALS 396 63 FINUCCI,ANGELA GIUSEPPINA&FINUCCI,VITTORIO 374802 26-Jun-2014 REFUND 2,230 28 FIRE MONITORING OF CANADA INC 374803 26-Jun-2014 SERVICES 4,400 35 FIRE SAFETY CANADA 374804 26-Jun-2014 SERVICES 5.034 53 FIVE STAR ALLIANCE PROPER INVESTMENTS LTD 374805 26-Jun-2014 REFUND 1 25 21 FLEXO PRODUCTS LTD 374806 26-Jun-2014 MATERIALS 802 30 FLEXO PRODUCTS LTD 375205 09-JuI-2014 MATERIALS 1.621 49 FLEXO PRODUCTS LTD 375438 16-JuI-2014 MATERIALS _ 1 141 14 FLEXO PRODUCTS LTD 375665 23-JuI-2014 MATERIALS 789 64 Page 9 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount FLYING SAUCER DRIVE-IN LIMITED 374807 26-Jun-2014 REFUND 2 328 5' FORMISANO.ADRIANO 374808 26-Jun-2014 REFUND 330.11 FRAMMARTINO CARINA 375666 23-Jul-2014 HONORARIUM 25 00 FRASER.HEATHER 375206 09-Jul-2014 SERVICES 95 00 FRIESEN.JENNIFER 375207 09-Jul-2014 MATERIALS 111 19 FROGO XPRESS 375208 09-Jul-2014 SERVICES 50.00 FURS.LYNN DIANE 375209 09-Jul-2014 SERVICES 2 13231 GALES GAS BARS 375667 23-Jul-2014 FUEL 94 55 GAMMA-DYNACARE MEDICAL LABORATORIES 374809 26-Jun-2014 SERVICES 134 00 GARCIA BOURAS-ALEJANDRO 374810 26-Jun-2014 MATERIALS 20000 GAUBOC CONSTRUCTION LIMITED 375024 02-Jul-2014 CONTRACT SERVICES 15.753 22 GAUBOC CONSTRUCTION LIMITED 375668 23-Jul-2014 CONTRACT SERVICES(CONCRETE 10.349 39 GAUTHIER,MELYSSA 375439 16-Jul-2014 REFUND 13 63 GEAR.BAILEY 375669 23-Jul-2014 REFUND 39'39 GIRARDI.CHRISTINE 375670 23-Jul-2014 TRAVEL/MILEAGE 33 34 GLEN BETTY ANN 375671 23-Jul-2014 REFUND 50000 GLENTEL WIRELESS CENTRE 374811 26-Jun-2014 MATERIALS 23222.13 GLENTEL WIRELESS CENTRE 375672 23-Jul-2014 MAINTENANCE/REPAIRS 10 3 '. 29 GLOBALSTAR CANADA SATELLITE CO 375440 16-Jul-2014 SERVICES 139.89 GN GLOBAL INVESTMENTS LTD 374812 26-Jun-2014 REFUND 3 359 23 GO GREEN PLUMBING 375441 16-Jul-2014 REFUND 500 00 GOFORTH HANYA 375210 09-Jul-2014 PETTY CASH 342 22 GOFORTH,HANYA 375673 23-Jul-2014 TRAVEL/MILEAGE 58 86 GOOLD,NATHANIEL 375442 16-Jul-2014 MATERIALS 25 00 GORDON,RICHARD 374813 26-Jun-2014 MATERIALS 57 63 GP EMPIRE COMMUNITES(NIAGARA)LTD 375674 23-Jul-2014 REFUND 1.967 77 GRA PROPERTIES ONTARIO LIMITED 374814 26-Jun-2014 REFUND 3.314 85 GRAND& TOY 375211 09-Jul-2014 MATERIALS 208 07 GRAYBAR CANADA 375025 02-Jul-2014 MATERIALS 79.39 GRAYBAR CANADA 375212 09-Jul-2014 MATERIALS 1,431.34 GRAYBAR CANADA 375443 16-Jul-2014 MATERIALS 16 33 GRAYBAR CANADA 375675 23-Jul-2014 MATERIALS 234 53 GREEN.SIMON 375677 23-Jul-2014 TRAVEL/MILEAGE 30 03 GREENER PROJECT DEVELOPMENTS(2011) INC 374815 26-Jun-2014 REFUND 3.652 16 GREENFIELD GROUP LTD 374816 26-Jun-2014 SERVICES 5.313 33 GREENFIELD GROUP LTD 375026 02-Jul-2014 SERVICES 847.50 GREENFIELD GROUP LTD 375213 09-Jul-2014 SERVICES 1.113 05 GREENFIELD GROUP LTD 375444 16-Jul-2014 SERVICES 5.522 90 GREENFIELD GROUP LTD 375676 23-Jul-2014 SERVICES 5.068 05 GROUND AERIAL MAINTENANCE LTD 375446 16-Jul-2014 CONTRACT SERVICES 5.050 53 GROUNDS GUYS THE 375214 09-Jul-2014 MATERIALS 3.212 59 GROUNDS GUYS THE 375445 16-Jul-2014 CONTRACT SERVICES 12 511 93 GROUNDS GUYS THE 375678 23-Jul-2014 MAINTENANCE/REPAIRS 8,806 99 GT FRENCH 374817 26-Jun-2014 MATERIALS 2.074 85 GT FRENCH 375215 09-Jul-2014 MATERIALS 2.938 58 GT FRENCH 375447 16-Jul-2014 MATERIALS 612 34 GT FRENCH 375679 23-Jul-2014 MATERIALS 1.116 8, GUARASCI.JEFF 375216 09-Jul-2014 TRAVEL/MILEAGE 313 36 GUILLEVIN INTERNATIONAL CO 375027 02-Jul-2014 STORES/INVENTORY 2 324 55 HAINSTOCK.ALRICK 375448 16-Jul-2014 REFUND 2 14 NALCO MOBILE MFG SALES&SERVICE INC 375028 02-Jul-2014 LEASES AND RENTS 621 50 HALLEX ENGINEERING LTD 374818 26-Jun-2014 CONTRACT SERVICES 11.426 00 HALLEX ENGINEERING LTD 375029 02-Jul-2014 SERVICES 7.831 75 HALLEX ENGINEERING LTD 375680 23-Jul-2014 SERVICES 1.946 43 HANG UPS 375449 16-Jul-2014 MATERIALS 1.253 17 HANNELORE'S STORY WORKS 374819 26-Jun-2014 MATERIALS 94 92 HANSLER SMITH LIMITED 374820 26-Jun-2014 MATERIALS 864 45 HANSLER SMITH LIMITED 375030 02-Jul-2014 MATERIALS 1,794 44 HARRISON TODD 375217 09-Jul-2014 SERVICES 455 62 HARRISON,TODD 375450 16-Jul-2014 TRAVEL/MILEAGE 1,488 64 HARVEY'S RESTAURANTS 375451 16-Jul-2014 MATERIALS 126 00 HATCH MOTT MACDONALD LTD 375031 02-Jul-2014 SERVICES 16.453.93 HATCH MOTT MACDONALD LTD 375681 23-Jul-2014 SERVICES 2 370 77 HAZMASTERS INC 375032 02-Jul-2014 MATERIALS 486 07 HD SUPPLY POWER SOLUTIONS 374821 26-Jun-2014 MATERIALS 68320 HD SUPPLY POWER SOLUTIONS 375033 02-Jul-2014 MATERIALS 83 39 HD SUPPLY POWER SOLUTIONS 375682 23-Jul-2014 MATERIALS 785 35 HERITAGE NIAGARA INC 374692 20-Jun-2014 MATERIALS 35 95 HEUSERS STEEL WORKS LTD 374822 26-Jun-2014 MATERIALS 1,892.75 HEUSERS STEEL WORKS LTD 375034 02-Jul-2014 MATERIALS 1751.50 HEYKOOP,KYLAH 375683 23-Jul-2014 HONORARIUM 50.00 HEYKOOP,RUTH 374823 26-Jun-2014 SERVICES 30 00 HEYKOOP,WILLIAM 375684 23-Jul-2014 SERVICES 250.00 HICKS MORLEY HAMILTON STEWART STORIE LLP 375452 16-Jul-2014 SERVICES 1,351 13 Page 10 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS 1 Vendor Name Cheque No. Cheque Date Purpose Amount HILL BOLES LTD 374825 26-Jun-2014 MATERIALS 27 80 HILL BOLES LTD 375035 02-JUI-20 14 MATERIALS 50.52 HILL BOLES LTD 375218 09-Jui-2014 MATERIALS 221 53 HILL BOLES LTD 375453 15-Jul-2014 MATERIALS 105 47 HILLSIDE HOLDINGS INC 374824 26-Jun-2014 REFUND 834 33 HORBAN THEODORE GARY 374826 26-Jun-2014 REFUND 9 367 15 HORTON AUTOMATICS OF ONTARIO 375454 16-Jul-2014 MATERIALS 1 565 05 HOWELL GEOFF 374827 26-Jun-2014 SERVICES 300 00 HUNTER,JIM 374828 26-Jun-2014 MATERIALS 175 JO IANNANDREA DAVID 374829 26-Jun-2014 SERVICES 200 00 IBEC MACHINE KNIFE LTD 375219 09-Jul-2014 SERVICES 15029 IBEC MACHINE KNIFE LTD 375347 09-Jul-2014 SERVICES 64 41 IBEC MACHINE KNIFE LTD 375685 23-Jul-2014 SERVICES 42.94 IBI GROUP 375036 02-Jul-2014 SERVICES 35 068 04 INDEPENDENT SUPPLY COMPANY 375037 02-Jul-2014 MATERIALS 8.53 INDEPENDENT SUPPLY COMPANY 375455 16-Jul-2014 MATERIALS 406 80 INDEPENDENT SUPPLY COMPANY 375686 23-Jul-2014 MATERIALS 140 73 INNOVATIVE SURFACE SOLUTIONS CANADA 375038 02-Jul-2014 MATERIALS 5 052 25 INTEGRITY INDUSTRIAL ABSORBENT PRODUCTS 374830 26-Jun-2014 MATERIALS 2.229 22 J J MACKAY CANADA LTD 374833 26-Jun-2014 SERVICES 22.55 J J MACKAY CANADA LTD 375223 09-Jul-2014 MATERIALS 229 CO J J MACKAY CANADA LTD 375687 23-Jul-2014 MATERIALS 20.06 JACK DOW AUTO SUPPLIES LIMITED 375456 16-Jul-2014 MATERIALS 18 06 JACKET CELLAR i IE 3l ULLU U9-JUI-2U 14 MATERIALS 38.87 JACKET CELLAR THE 375457 16-Ju!-2014 MATERIALS 117 52 JACKSON,DAVE 375221 09-Jul-2014 TRAVEL/MILEAGE 159.52 JADON INC 375222 09-Jul-2014 MATERIALS 1 344 70 JINNI INTERNATIONAL NEW ENERGY CO LTD 374832 26-Jun-2014 REFUND 927.56 JOBERT CONCESSION 375224 09-Jul-2014 SERVICES 5C CC I JOE JOHNSON EQUIPMENT 374834 26-Jun-2014 MATERIALS 7,774.40 JOE JOHNSON EQUIPMENT 375225 09-Jul-2014 MATERIALS 4 068.00 JOHNNY RAG 375226 09-Jul-2014 MATERIALS 224.82 JOHN'S MARKETING 374835 26-Jun-2014 MATERIALS 1.027.59 JR B CANUCKS 375039 02-Jul-2014 GRANT 13,186 80 K&S WINDSOR SALT LTD 374836 26-Jun-2014 MATERIALS 17.877 09 KAGAN SHASTRI BARRISTERS&SOLICITORS IN TRUST 375227 09-Jul-2014 CONSULTING SERVICES 2.73743 KANDU POOLS LTD 375228 09-Jul-2014 MATERIALS 216 95 KANDU POOLS LTD 375458 16-Jul-2014 MATERIALS 57.73 KANDU POOLS LTD 375688 23-Jul-2014 MATERIALS 328 80 KAZAMALEX 375459 16-Jul-2014 SERVICES(CANADA DAY MAGIC/JUt 450 00 KEIT:IS PLUMBING&HEATING INC 375460 16-JUI-2014 CONTRACT SERVICES 107 079.37 KELLY DIGS LANDSCAPING 374837 26-Jun-2014 CONTRACT SERVICES 24.832 41 KELLY DIGS LANDSCAPING 375229 09-Jul-2014 CONTRACT SERVICES 2 309 21 KELLY DIGS LANDSCAPING 375461 16-Jul-2014 CONTRACT SERVICES 4 482 34 KELLY DIGS LANDSCAPING 375689 23-Jul-2014 CONTRACT SERVICES 2 273 56 KERRY T HOWE ENGINEERING LTD 375040 02-Jul-2014 CONSULTING SERVICES 14 733 91 KERRY T HOWE ENGINEERING LTD 375230 09-Jul-2014 CONSULTING SERVICES 33.673 77 KEZ RECREATIONAL PRODUCTS INC 375690 23-Jul-2014 MATERIALS 2 423 35 KIRKUP&URE SURVEYING LTD. 375691 23-Jul-2014 CONTRACT SERVICES 3 095 20 KISSMANN.KEN 375232 09-Jul-2014 ADMINISTRATIVE 100 00 KIT CARE CORPORATION 375462 16-Jul-2014 MATERIALS 169 50 KLEEN-FLO 375692 23-Jul-2014 MAINTENANCE/REPAIRS 3.263 30 KRAWCZYK CONSTRUCTION MAINTENANCE 375041 02-Jul-2014 MAINTENANCE/REPAIRS 9,503.30 KRAWCZYK CONSTRUCTION MAINTENANCE 375693 23-Jul-2014 CONTRACT SERVICES 11,143 90 KRONSTEIN,MARK 375233 09-Jul-2014 TRAVEL/MILEAGE 110.00 KROWN RUST CONTROL 374838 26-Jun-2014 VEH ID#80.81.82.83.85 86 34 677 671 2 337 09 KROWN RUST CONTROL 375042 02-Jul-2014 VEH ID#198 197 75 KROWN RUST CONTROL 375234 09-Jul-2014 VEH ID#22 389 79 KROWN RUST CONTROL 375594 23-Jul-2014 VEH ID#2722 598 67 KUBIAS.ADAM 375695 23-Jul-2014 SERVICES 150 00 LA PARMIGIANA RESTAURANT 374841 26-Jun-2014 REFUND 3,114.20 LADAS.CHRISTINE 375463 16-Jul-2014 REFUND 756 22 LAGACE,ED 374839 26-Jun-2014 MATERIALS 175.00 LAKE'S MAINTENANCE 375043 02-Jul-2014 MAINTENANCE/REPAIRS 37573 LAKE'S MAINTENANCE 375464 16-Jul-2014 MAINTENANCE/REPAIRS 659.87 LAKEVIEW VINEYARD EQUIPMENT INC. 375235 09-Jul-2014 VEH ID#284 282 95 LALLOUET,ERIC 375236 09-Jul-2014 TRAVEL/MILEAGE 389 88 LAMB.DANNY 374840 26-Jun-2014 SERVICES 100.00 LAW CRUSHED STONE 374842 26-Jun-2014 MATERIALS 8,871 11 LAW CRUSHED STONE 375237 09-Jul-2014 MATERIALS 4.790.87 LAWLOR&CO(HAMILTON)LIMITED 374844 26-Jun-2014 STORES/INVENTORY 1028.40 LAWSON PRODUCTS INC 374845 26-Jun-2014 MATERIALS 776 04 LAWSON PRODUCTS INC 375238 09-Jul-2014 MATERIALS 1.993.11 LAWSON PRODUCTS INC 375465 16-Jul-2014 MATERIALS 621.40 Page 11 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount LAWSON PRODUCTS INC 375696 23-Jul-2014 MATERIALS 1.256 05 LEAD MECHANICAL 374846 26-Jun-2014 CONTRACT SERVICES(WRAP2013-: 565 00 LEEDS TRANSIT 375697 23-Jul-2014 MATERIALS 392 78 LESDOW PETER J 375466 16-Jul-2014 CONSULTING SERVICES(ARCHITEC 21 596 97 LETOURNEAU,JUSTIN 375044 02-Jul-2014 SERVICES 500 30 LEXISNEXIS CANADA INC 375239 09-Jul-2014 MATERIALS 93 '-8 LEXISNEXIS CANADA INC 375467 16-Ju1-2014 MATERIALS 134 93 LIDSTER JACK 375469 16-JuI-2014 CONTRACT SERVICES(WILLOUGHE 250 30 LIDSTER.JACK 375699 23-Jul-2014 CONTRACT SERVICES(WILLOUGHE 250 00 LIGHTNING EQUIPMENT SALES INC 375470 16-Jul-2014 VEH ID#536&560 716 42 LIPKA.RICHARD&LIPKA, IRENE 375241 09-Jul-2014 REFUND 500 00 LIPPERT&WRIGHT FUELS INC 375046 02-Jul-2014 FUEL 52 002 13 LIPPERT&WRIGHT FUELS INC 375471 16-Jul-2014 FUEL 3 424-13 LIVE ON REQUEST TECHNOLOGY SERVICES INC 374849 26-Jun-2014 SERVICES(CANADA DAY( 2 825 00 LMS3 DEVELOPMENT INC 375472 16-Jul-2014 REFUND 7 5 0 -C LONDON REPTILES 375700 23-Jul-2014 CONTRACT SERVICES(CANADA DA 706 25 LOUD+CLEAR 375473 16-Jul-2014 SERVICES-WATER METER CARDS 316 40 LOUTH&NIAGARA ORCHARDS 375474 16-Jul-2014 MATERIALS 2 519 40 LUEY,CATHERINE 374850 26-Jun-2014 TRAVEL/MILEAGE 45310 LUNDY'S LANE UNITED CHURCH 375701 23-Jul-2014 SERVICES(HONOURARIUM) 50 00 LYNDS ENTERPRISES 375475 16-Jul-2014 MATERIALS 253 29 M A STEELCON ENGINEERING 375048 02-Jul-2014 CONSULTING SERVICES 904 0.0 MAKEPEACE,JANICE 375242 09-Jul-2014 TRAVEL/MILEAGE 89 53 MALIBU POOLS 375243 09-Jul-2014 MATERIALS 1.61' 41 MALIBU POOLS 375476 16-Jul-2014 MATERIALS 213 87 MANDARIN RESTAURANT 375244 09-Jul-2014 REFUND(CLEAN UP FEE REFUND) 50 CO MANOR CLEANERS 375477 16-Jul-2014 SERVICES 36 57 MANPOWER 375047 02-JuI-2014 SERVICES(LABOUR) 537 64 MANPOWER 375478 16-JuI-2014 SERVICES(ADMIN) 592 50 MAR-CO CLAY PRODUCTS INC 375479 16-JuI-2014 MATERIALS 1.158 93 MARKEN HOMES&CONSTRUCTION 375246 09-JuI-2014 REFUND 110 21 MARTIN,WILLIAM SCOTT 375480 16-JuI-2014 REFUND 500 00 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 375702 23-JuI-2014 CONSULTING SERVICES(OLD CITY 2 625 12 MAURICE,STEVE 375247 09-JuI-2014 TRAVEL/MILEAGE 13716 MAYFIELD VALENTINA 375481 16-JuI-2014 REFUND 135'09 MCAP SERVICE CORP 375703 23-Jul-2014 REFUND 256.65 MCCLURE.CAROLYN 375482 16-JuI-2014 REFUND 120 63 MCCONNELL,LUCILLE 375248 09-JuI-2014 TRAVEL/MILEAGE 90 00 MCDONALD.ROB 375049 02-JuI-2014 PETTY CASH 927 31 MCGOWAN.JAKE 375050 02-JuI-2014 TRAVEL/MILEAGE 395 32 MCGOWAN.JAKE 375249 09-JuI-2014 TRAVEL/MILEAGE 263 52 MCGREGOR,BRYAN&FORTUNA, MARIYA 375483 16-JuI-2014 REFUND 136 21 MCINTYRE,STEVEN J 375250 09-JuI-2014 SERVICES(ASSIST W/PARADE-GR 150 00 MCKAY,EILEEN 375484 16-Jul-2014 REFUND 192 37 MCMILLAN DRAINAGE SOLUTIONS 375704 23-Jul-2014 REFUND 750 00 MCNAMARA.SUSAN 375251 09-JuI-2014 TRAVEL/MILEAGE 110 00 MCSWEENEY&ASSOCIATES CONSULTING INC. 375705 23-Jul-2014 CONSULTING 3,955 00 MCV PLUMBING&HEATING 375252 09-JuI-2014 REFUND 500 00 MEDIA PRO INC 375051 02-JuI-2014 MATERIALS(MYAC SIGN) 122.04 MEDIA PRO INC 375253 09-JuI-2014 MATERIALS(CANADA DAY POSTER: 271 20 MEDIA SUPPLY OUTLET LTD 374971 27-Jun-2014 SERVICES(CANADA DAY 2014) 1 429 45 MEDICAL TECHNOLOGY(W.B.)INC. 375706 23-JuI-2014 MATERIALS 489 52 METAL SUPERMARKETS 375254 09-Jul-2014 VEH ID#580 475 24 METAL SUPERMARKETS 375485 16-JuI-2014 MATERIALS 350 68 METRO COLLISION SERVICES INC 375255 09-JuI-2014 VEH ID#572 1.503 13 METRO FREIGHTLINER HAMILTON 375052 02-Jul-2014 MATERIALS 9.246 34 METRO FREIGHTLINER HAMILTON 375349 10-JuI-2014 MATERIALS 4 198 79 METRO FREIGHTLINER HAMILTON 375486 16-JuI-2014 MATERIALS 6 935 94 METRO FREIGHTLINER HAMILTON 375707 23-JuI-2014 MATERIALS 1 064 57 METRO PLUMBING&HEATING 374852 26-Jun-2014 REFUND 50 00 METRO PLUMBING&HEATING 374853 26-Jun-2014 CONTRACT SERVICES(WRAP2013-( 29 243 04 METRO PLUMBING&HEATING 375053 02-Jul-2014 CONTRACT SERVICES(WRAP2014-( 5 064 43 METRO PLUMBING&HEATING 375256 09-JuI-2014 CONTRACT SERVICES(WRAP2014-( 4,530 99 METRO PLUMBING&HEATING 375487 16-Jul-2014 CONTRACT SERVICES(WRAP2013 47 495 56 METRO PLUMBING&HEATING 375708 23-JuI-2014 CONTRACT SERVICES(WRAP2014-( 2,683 05 MG PROMOTIONS 375257 09-JuI-2014 MATERIALS 347 40 MHPM PROJECT MANAGERS INC 374854 26-Jun-2014 CONSULTING SERVICES(TRANSIT f 10,169.99 MICK AND ANGELO'S EATERY AND BAR 375258 09-Jul-2014 MATERIALS 81 31 MIKOS,JOSEPH PAUL 375488 16-JuI-2014 REFUND(MAYORAL CANDIDATE WI 200.00 MINISTER OF FINANCE 374855 26-Jun-2014 PAYROLL REMITTANCE 3 737 69 MINISTER OF FINANCE 374856 26-Jun-2014 PAYROLL REMITTANCE 69 788 94 MINISTER OF FINANCE 375259 09-JuI-2014 ADMINISTRATIVE(ENCROACHMENT 350 00 MINISTER OF FINANCE 375260 09-JuI-2014 ADMINISTRATIVE(ENCROACHMENT 350 00 MINISTER OF FINANCE 375261 09-JuI-2014 ADMINISTRATIVE(ENCROACHMENT 350 00 Page -12 of i8 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MINISTER OF FINANCE PAYMENT PROCESSING CENTRE 374857 26-Jun-2014 TRAINING 585 00 MINISTRY OF/ATTORNEY GENERAL 375054 02-Jul-2014 PAYROLL REIVII T T AIVUE 1454 79 MINISTRY OF ATTORNEY GENERAL 375489 16-Jul-2014 PAYROLL REMITTANCE 1,454 79 MJ SIGNCRAFT 375709 23-Jul-2014 MATERIALS 506 69 MMC BUS DIVISION INC 374858 26-Jun-2014 MAINTENANCE/REPAIRS(UNIT#298: 17.462 46 MMC BUS DIVISION INC 375055 02-Jul-2014 MAINTENANCE/REPAIRS(UNIT#226 2 630 08 MMC BUS DIVISION INC 375490 113-J01-2014 MAINTENANCE/REPAIRS(UNIT#26- 6 968 10 MMC BUS DIVISION INC 375710 23-Jul-2014 MAINTENANCE/REPAIRS(UNIT#206 4.330 15 MOASE SUZANNE 375262 09-Jul-2014 TRAINING(MA MUSEUM STUDIES) 1 900 90 MODERN LANDFILL INC 374859 26-Jun-2014 CONTRACT SERVICES(CITY HALL) 863 70 MODERN LANDFILL INC 375263 09-Jul-2014 CONTRACT SERVICES(CHIPPAWA, 4.360 61 MODERN LANDFILL INC 375491 16-Jul-2014 CONTRACT SERVICES(CITY HALL) 133 50 MODERN LANDFILL INC 375711 23-Jul-2014 CONTRACT SERVICES(STREETS) 337 45 MOHAWK MFG&SUPPLY CO 375056 02-Jul-2014 MATERIALS 2 251 56 MOHAWK MFG&SUPPLY CO 375264 09-Jul-2014 MATERIALS 4 109 31 MOHAWK MFG &SUPPLY CO 375492 16-Jul-2014 MATERIALS 2 596 59 MOHAWK MFG&SUPPLY375712 23-Jul-2014 MATERIALS 740 35 MOLDENHAUER,KATHY 375057 02-Jul-2014 TRAVEL/MILEAGE 281 70 MONASTERY OF MOUNT CARMEL 375493 16-Jul-2014 REFUND 2 326 25 MONTGOMERY BROS&NORTHLAND SUPPLY 374860 26-Jun-2014 CONTRACT SERVICES 1 959 03 MONTGOMERY BROS&NORTHLAND SUPPLY 375713 23-Jul-2014 CONTRACT SERVICES 2415 38 MONTGOMERY BOB 375494 16-Jul-2014 SERVICES(ENT HONOURARIUM) 25 00 MOON,JIM SOO&MOON BONG SON 374861 26-Jun-2014 REFUND 208 65 P]L)\\OC C,V.JOHN 375495 16-Jul-2014 TRAVEL/MILEAGE 208 2 MOROCCO.JOYCE 374967 26-Jun-2014 TRAINING 50 00 MRS SOFTY INC 375265 09-Jul-2014 REFUND(CLEAN UP FEE REFUND) 50 30 MUNDY PAM 374863 26-Jun-2014 SERVICES(HONOURARIAM) 50 00 MUNTERS CANADA INC 375266 09-Jul-2014 MAINTENANCE/REPAIRS(GALE) 1.417 02 N S M FABRICATING LIMITED 375071 02-Jul-2014 MATERIALS 254 25 N.S M FABRICATING LIMITED 375737 23-Jul-2014 VEH ID#88 565 00 NATURE'S EXPRESSION 375267 09-Jul-2014 MATERIALS 330 67 NEDERMAN CANADA LIMITED 375714 23-Jul-2014 EQUIPMENT 19,843 82 NEOPART CANADA INC 375058 02-Jul-2014 MATERIALS 25 39 NEOPART CANADA INC 375496 16-Jul-2014 MATERIALS 3.469 23 NEOPART CANADA INC 375716 23-Jul-2014 MATERIALS 632 27 NEW FLYER INDUSTRIES CANADA ULC 374864 26-Jun-2014 MATERIALS 1.125 61 NEW FLYER INDUSTRIES CANADA ULC 375059 02-Jul-2014 MATERIALS 4 233 11 NEW FLYER INDUSTRIES CANADA ULC 375268 09-Jul-2014 MATERIALS 1,871 63 NEW FLYER INDUSTRIES CANADA ULC 375497 16-Jul-2014 MATERIALS 23 11 NEW FLYER INDUSTRIES CANADA ULC 375717 23-Jul-2014 MATERIALS 2.530 32 NEXT COMPANY THEATRE J/0U#U UL-JUI-LU Is SERVICES IPV 14-047; 12 6137 90 NEXTERRA SUBSTRUCTURES INCORPORATED 375498 16-Jul-2014 CONTRACT SERVICES 220 019 94 NIAGARA ANALYTICAL LABORATORIES INC 374865 26-Jun-2014 CONTRACT SERVICES;PO#14-1031 589 36 NIAGARA ANALYTICAL LABORATORIES INC 375718 23-Jul-2014 CONTRACT SERVICES 1 166 78 NIAGARA BATTERY&TIRE 374866 26-Jun-2014 VEH ID#18 6.320 85 NIAGARA BATTERY&TIRE 375269 09-Jul-2014 MATERIALS 1 537 14 NIAGARA BATTERY& TIRE 375499 16-Jul-2014 VEH ID#43 4 799 37 NIAGARA BATTERY&TIRE 375719 23-Jul-2014 VEH ID#461 3 775 91 NIAGARA BAUER HOCKEY CHALLENGE 374867 26-Jun-2014 GRANT 496 88 NIAGARA BLOCK INC 374868 26-Jun-2014 MATERIALS 219 "6 NIAGARA BLOCK INC 375720 23-Jul-2014 MATERIALS 1,191 30 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 375270 09-Jul-2014 ADMINISTRATIVE(CREDIT ACCT#74 422 70 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD WIRE 30-Jun-2014 TAX LEVY 3,417 014 67 NIAGARA CHRYSLER DODGE JEEP 375500 16-Jul-2014 MATERIALS 120 54 NIAGARA CUSTOM SIGNS&GRAPHICS 374869 26-Jun-2014 MATERIALS(2014-256-11) 63.28 NIAGARA CUSTOM SIGNS&GRAPHICS 375061 02-Jul-2014 MATERIALS(2014-256-11) 45 20 NIAGARA DISTRICT AIRPORT COMMISSION 375062 02-Jul-2014 GRANT 15 438 00 NIAGARA DISTRICT AIRPORT COMMISSION 375721 23-Jul-2014 GRANT(2ND HALF OF MUNICIPAL C 53.398 61 NIAGARA DRIVETRAIN CENTRE 375271 09-Jul-2014 VEH ID#333 4.531 19 NIAGARA FALLS ART GALLERY 374870 26-Jun-2014 GRANT 225 00 NIAGARA FALLS ART GALLERY 375722 23-Jul-2014 GRANT 2.250 00 NIAGARA FALLS HUMANE SOCIETY 374871 26-Jun-2014 GRANT 39 795 17 NIAGARA FALLS HUMANE SOCIETY 375272 09-Jul-2014 REMITTANCE(DOG TAGS) 320 00 NIAGARA FALLS HUMANE SOCIETY 375723 23-Jul-2014 GRANT 39.795 17 NIAGARA FALLS MINOR HOCKEY ASSOCIATION 375502 16-Jul-2014 GRANT 800 00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 375063 02-Jul-2014 PAYROLL REMITTANCE 7,990 64 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 375503 16-Jul-2014 PAYROLL REMITTANCE 7.930 56 NIAGARA FALLS REVIEW 375275 09-Jul-2014 SUBSCRIPTION-3 MONTHS 676 52 NIAGARA FALLS SOCCER CLUB INC 375504 16-Jul-2014 GRANT 350 00 NIAGARA FALLS TOURISM 374873 26-Jun-2014 GRANT 30,000.00 NIAGARA FALLS TOURISM 375725 23-Jul-2014 GRANT 30 000 00 NIAGARA FALLSVIEW CASINO 375501 16-Jul-2014 REFUND(SEWER CHARGES RELIEF 64.433 79 NIAGARA FITNESS SOLUTIONS 375726 23-Jul-2014 MAINTENANCE/REPAIRS 271 20 NIAGARA INDUSTRIAL MALL LTD 374875 26-Jun-2014 REFUND 5.459 80 Page 13 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount NIAGARA INFLATABLES&GAMES INC 375727 23-Jul-2014 LEASES AND RENTS(CANADA DAY, 533 08 NIAGARA METER SERVICES INC 375273 09-Jul-2014 CONTRACT SERVICES 6 976 06 NIAGARA METER SERVICES INC 375728 23-Jul-2014 CONTRACT SERVICES 3 336 01 NIAGARA MOTORS LTD 375064 02-Jul-2014 VEH ID#32 29 380 00 NIAGARA OCCUPATIONAL HEALTH SERVICES 374875 26-Jun-2014 SERVICES 479 90 NIAGARA OCCUPATIONAL HEALTH SERVICES 375729 23-Jul-2014 SERVICES 594 80 NIAGARA ON THE LAKE HYDRO INC 375065 02-Jul-2014 UTILITIES 137 30 NIAGARA ON THE LAKE HYDRO INC 375730 23-Jul-2014 UTILITIES 131 41 NIAGARA PARKS COMMISSION 375066 02-Jul-2014 CONTRACT SERVICES(WEGO CHAI 904.00 NIAGARA PENINSULA CONSERVATION AUTHORITY 374968 26-Jun-2014 ADMINISTRATIVE(BROWN/HEARTL, 1 335 00 NIAGARA PENINSULA CONSERVATION AUTHORITY 375731 23-Jul-2014 ADMINISTRATIVE(FERNWOOD PAR 256 00 NIAGARA PENINSULA ENERGY INC 374877 26-Jun-2014 UTILITIES 1 536 31 NIAGARA PENINSULA ENERGY INC 375067 02-Jul-2014 UTILITIES 207 871 32 NIAGARA PENINSULA ENERGY INC 375274 09-Jul-2014 UTILITIES 3 008 72 NIAGARA PENINSULA ENERGY INC 375505 16-Jul-2014 UTILITIES 1 785 82 NIAGARA PENINSULA ENERGY INC 375732 23-Jul-2014 UTILITIES 3 108 40 NIAGARA REGION WIRE 19-Jun-2014 DEVELOPMENT CHARGES 21.365 20 NIAGARA REGION WIRE 27-Jun-2014 DEBENTURE 73-2010 429 979 88 NIAGARA REGION WIRE 30-Jun-2014 MAY WATER/JAN-MAR LEACHATE C 2 026,433 10 NIAGARA REGION WIRE 10-Jul-2014 MAY SIGNAL BILLING 20.277 76 NIAGARA REGION WIRE 10-Jul-2014 DEBENTURE 71-2007 333,174 42 NIAGARA REGION WIRE 11-Jul-2014 DEBENTURES 57-2006&60-2006 1 963 421 89 NIAGARA REGIONAL BROADBAND NETWORK 374878 26-Jun-2014 SERVICES(FIRE DEPT) 6 046 99 NIAGARA REGIONAL BROADBAND NETWORK 375733 23-Jul-2014 SERVICES(FIRE DEPT) 6,046.99 NIAGARA REGIONAL POLICE SERVICE 375068 2-JuI-2014 SERVICES(FRALICKS TAVERN) 50 00 NIAGARA REGIONAL POLICE SERVICE 375276 09-JuI-2014 SERVICES(8061 SCHISLER RD) 50 00 NIAGARA REGIONAL SUMMER SWIM LEAGUE 375231 09-JuI-2014 ADMINISTRATIVE 75 00 NIAGARA REGIONAL TOWING 375277 09-Jul-2014 CONTRACT SERVICES 135 60 NIAGARA RUBBER SUPPLY INC 375069 02-JuI-2014 MATERIALS 18 24 NIAGARA SAFETY VILLAGE 374879 26-Jun-2014 TRAINING 4 172 00 NIAGARA SPORT COMMISSION 374880 26-Jun-2014 GRANT 700 00 NIAGARA SPRING SERVICE LTD 375070 02-Jul-2014 MATERIALS 997 72 NIAGARA TENTS&EVENTS 375506 16-JuI-2014 LEASES AND RENTS(CANADA DAY; 6.532 25 NIAGARA THIS WEEK 375278 09-JuI-2014 ADVERTISING 810 21 NIAGARA THIS WEEK 375734 23-JuI-2014 ADVERTISING(MUSEUM) 258 77 NIAGARA TRUCK N'STUFF INC 375507 16-JuI-2014 VEH ID#333 3.119 42 NIAGARA VIDEO PRODUCTIONS 374874 26-Jun-2014 MATERIALS 1,242 99 NICHOLLS MARINE LTD 374881 26-Jun-2014 MATERIALS 9 034 12 NICK'S TRUCK PARTS INC. 375279 09-JuI-2014 MATERIALS 13 42 NIELSEN.KENNETH ERIC&ZAMKOW HELEN 375715 23-JuI-2014 REFUND 500'(D0 NOBLE CORPORATION 374882 26-Jun-2014 MATERIALS 142 38 NORJOHN CONTRACTING&PAVING LTD 375735 23-JuI-2014 CONTRACT SERVICES 74 812 33 NORTHERN PAINTERS 375736 23-JuI-2014 CONTRACT SERVICES 13 669 41 NORTRAX 374883 26-Jun-2014 VEH ID#483 2 109 25 NOVAJET 375280 09-Jul-2014 VEH ID#404 499 19 NOVAJET 375508 16-JuI-2014 VEH ID#404 2.4:1 13 OACETT 375509 16-Jul-2014 MEMBERSHIP 233 57 OAKWOOD CABINETS LTD 374884 26-Jun-2014 REFUND 7 5)54'29 O'CONNOR MOKRYCKE CONSULTANTS 375510 16-JuI-2014 CONSULTING SERVICES(FILE#347- 29,405 56 O'HARA TRUCKING&EXCAVATING 375511 16-JuI-2014 CONTRACT SERVICES 1550= 54 O'HARA TRUCKING&EXCAVATING 375738 23-JuI-2014 CONTRACT SERVICES 1C.709 37 OIL FILTRATION SPECIALISTS INC 375739 23-JuI-2014 MATERIALS 759 36 OLIVER PAUK PHOTOGRAPHY 375072 02-JuI-2014 MATERIALS 2 390 CO OMERS 374885 26-Jun-2014 PAYROLL REMITTANCE 647,387 96 OMERS 374886 26-Jun-2014 PAYROLL REMITTANCE 32.678 36 ONTARIO BUILDING OFFICIALS ASSOCIATION 374887 26-Jun-2014 MATERIALS 171 76 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 374888 26-Jun-2014 CONSULTING 1 769 30 ONTARIO POWER GENERATION INC 375740 23-JuI-2014 LEASES AND RENTS 1.039-60 ONTARIO PROFESSIONAL PLANNERS INSTITUTE 375073 02-JuI-2014 TRAINING 22 60 ORKIN CANADA CORPORATION 375512 16-JuI-2014 CONTRACT SERVICES 97 18 ORKIN CANADA CORPORATION 375741 23-JuI-2014 CONTRACT SERVICES 91 64 OVERLAND CUSTOM COACH(2007)INC. 375074 02-JuI-2014 MATERIALS 818.41 OVERLAND CUSTOM COACH(2007)INC 375742 23-JuI-2014 MATERIALS 18 09 P&W TRUCKING 375513 16-JuI-2014 CONTRACT SERVICES 15.085 50 PAGENET OF CANADA INC 375514 16-JuI-2014 SERVICES-NFFD PAGING SRVC 17 40 PAONESSA,ALFONZO 375281 09-JuI-2014 REFUND 75000 PAPAVASILIOU,TOM&PAPAVASILIOU, GEORGE 374889 26-Jun-2014 REFUND 905.55 PAPETTI,DANNY 375515 16-JuI-2014 MEMBERSHIP 135 60 PAR NIAGARA INVESTMENTS INC. 374890 26-Jun-2014 REFUND 2,055.07 PARKER,GENNIE 375743 23-JuI-2014 REFUND 40 00 PARKWAY TOWING&STORAGE 375075 02-Jul-2014 MATERIALS(4 CARS) 678 00 PARRY,CRAIG 375516 16-JuI-2014 REFUND 750 00 PARTSOURCE 375517 16-JuI-2014 MATERIALS 659 61 PARTSOURCE 375744 23-JuI-2014 MATERIALS 191 99 Paye 14 01 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount PARTY CONNECTION 375282 09-Jul-2014 LEASES AND RENTS(CANADA DAY, 497 20 PAT MCANDREWS 375076 02-Jul-2014 MAINTENANCE/REPAIRS 339 00 PEAK-RYZEX ULC 375283 09-Jul-2014 SERVICES 1 252 66 PES KUUF MAIN I LNANCE 375284 09-Jul-2014 MAIN I ENANCE/REPAIRS 943.91 PEC ROOF MAINTENANCE 375518 16-Jul-2014 MAINTENANCE/REPAIRS 343 76 PENINSULA PEST CONTROL LTD 374891 26-Jun-2014 CONTRACT SERVICES(PROJECT SI 329 96 PENINSULA PEST CONTROL LTD 375077 02-Jul-2014 CONTRACT SERVICES 67 80 PENINSULA PEST CONTROL LTD 375285 09-Jul-2014 CONTRACT SERVICES 474 60 PENINSULA'S TASTIEST PARTY 375520 16-Jul-2014 LEASES AND RENTS(CANADA DAY) 1.356 00 PENNER BUILDING CENTRE 375078 02-Jul-2014 MATERIALS 140 26 PENNER BUILDING CENTRE 375519 16-Jul-2014 MATERIALS 28 10 PENNER BUILDING CENTRE 375745 23-Jul-2014 MATERIALS 364 97 PERRI EMILIO 375746 23-Jul-2014 REFUND 750 00 PETERS EXCAVATING INC 375286 09-Jul-2014 CONTRACT SERVICES 6 117 84 PHAM.GIANG HUONG 374892 26-Jun-2014 REFUND 1.242 33 PHILLIPS STEVEN 375747 23-Jul-2014 REFUND 750 00 PHOENIX LANDSCAPING 375521 16-Jul-2014 rnMTR,ACT SERVICES 13..;;;;(:).n2 PINERIDGE TREE SERVICE LTD 374893 26-Jun-2014 CONTRACT SERVICES 4 923 95 PINERIDGE TREE SERVICE LTD 375079 02-Jul-2014 CONTRACT SERVICES 1 398 40 PINERIDGE TREE SERVICE LTD 375522 16-Jul-2014 CONTRACT SERVICES 2.847 60 PINERIDGE TREE SERVICE LTD 375748 23-Jul-2014 CONTRACT SERVICES(DRUMMONE 4.068 00 PINEWOOD HOMES(TARA)LTD 374894 26-Jun-2014 REFUND 3.227 37 PIPEFLO CONTRACTING CORPORATION 375523 16-Jul-2014 CONTRACT SERVICES(CLEANING 5 107.095 75 PITNEY BOWES CLOB^.L CREDIT SERVICES 375749 23-Jul-2014 LEASES,AND RENTS 220 70 PORTAGE BAKERY INC 375750 23--Jul-2014 MATERIALS 700 00 PRAXAIR 374895 26-Jun-2014 MATERIALS(FIRE DEPT) 164 89 PRAXAIR 375287 09-Jui-2014 MATERIALS(GARAGE) 54323 PRAXAIR 375524 16-Jul-2014 MATERIALS 346.51 PRAXAIR 375751 23-Jul-2014 MATERIALS 578 31 PRECISION AUTOMOTIVE MACHINE SHOP 374896 26-Jun-2014 MAINTENANCE/REPAIRS 113 00 PRECISION AUTOMOTIVE MACHINE SHOP 375080 02-Jul-2014 MAINTENANCE/REPAIRS 203 40 PRECISION CURB CUTTING LTD 375288 09-Jul-2014 CONTRACT SERVICES 461 06 PREVOST COACH TRANSIT 375081 02-Jul-2014 MATERIALS 429 68 PREVOST COACH TRANSIT 375289 09-Jul-2014 MATERIALS 590 73 PREVOST COACH TRANSIT 375525 16-Jul-2014 MATERIALS 377 69 PREVOST COACH TRANSIT 375752 23-Jul-2014 MATERIALS 765 71 PRICE,JAMES ROBERT&PRICE.YVONNE BERNADETTE 374898 26-Jun-2014 REFUND 584 48 PRINTING HOUSE LTD 374897 26-Jun-2014 MATERIALS 1 457 53 PRINTING HOUSE LTD 375082 02-Jul-2014 MATERIALS(FILE#2014-03) 731 19 PRINTING HOUSE LTD 375290 09-Jul-2014 MATERIALS(FILE#2014-02) 756 28 PROJECT SHARE 374899 26-Jun-2014 CRANT '21.356 t7" PROJECT SHARE 375753 23-Jul 2014 GRANT 24 356 67 PROVINCIAL CONSTRUCTION(NIAGARA FALLS) LTD 375526 16-Jul-2014 CONTRACT SERVICES 8.375 34 PROVINCIAL CONTRACTORS INC 374901 26-Jun-2014 MAINTENANCE/REPAIRS 15 735 25 PROVINCIAL CONTRACTORS INC 375083 02-Jul-2014 MAINTENANCE/REPAIRS 6 282 30 PROVINCIAL MAINTENANCE 374900 26-Jun-2014 MATERIALS 175.598 35 PROVINCIAL MAINTENANCE 375527 16-Jul-2014 CONTRACT SERVICES 401 25 PUBLIC SECTOR DIGEST 375754 23-Jul-2014 SERVICES(WEB HOSTING/SOFTWA 11,671 42 PULLANO,MIKE 375291 09-Jul-2014 TRAINING(EMPLOYMENT LAW) 217 70 PURE WATER 374902 26-Jun-2014 SERVICES(FIRE DEPT) 85 00 PURE WATER 375084 02-Jul-2014 STORES/INVENTORY 25 00 PURE WATER 375528 16-Jul-2014 STORES/INVENTORY 35 00 PUROLATOR COURIER 374903 26-Jun-2014 COURIER(6890410) 255.14 PUROLATOR COURIER 375085 02-Jul-2014 COURIER(1144151) 133 41 PUROLATOR COURIER 375292 09-Jul-2014 COURIER(4886626) 101 85 PUROLATOR COURIER 375529 16-Jul-2014 COURIER(6890410) 93 63 PUROLATOR COURIER 375755 23-Jul-2014 COURIER(6079816) 232 06 QUARTEK GROUP INC 375756 23-Jul-2014 CONSULTING SERVICES(FILE#334- 1,027 74 QUINLIN TERESA 375293 09-Jul-2014 REFUND 80.00 R J SMITH EQUIPMENT INC 375092 02-Jul-2014 MATERIALS 1.893 40 R J SMITH EQUIPMENT INC 375536 16-Jul-2014 MATERIALS 2.000 10 R J SMITH EQUIPMENT INC 375760 23-Jul-2014 MATERIALS 1.452 05 R V ANDERSON ASSOCIATES LIMITED 374912 26-Jun-2014 CONSULTING SERVICES(FILE#332- 8,738.36 R STASIAK ENGINEERING INC 374910 26-Jun-2014 CONSULTING SERVICES(MILLENNII 6 062.45 R STASIAK ENGINEERING INC 375762 23-Jul-2014 CONSULTING SERVICES(MILLENNII 6,554.00 RACO AUTO SUPPLY LTD 375086 02-Jul-2014 STORES/INVENTORY 122.72 RAINBOW GREENHOUSES LTD 374904 26-Jun-2014 MATERIALS 252 62 RAINBOW PURE WATER 374905 26-Jun-2014 SERVICES 621 50 RBC LIFE INSURANCE COMPANY 375087 02-Jul-2014 REMITTANCE 1.531.39 REAL LANDSCAPING 375757 23-Jul-2014 REFUND 500 00 REALTAX INC 374906 26-Jun-2014 SERVICES(4195 DRUMMOND RD) 5.25450 REALTAX INC 375088 02-Jul-2014 SERVICES(4427 ELLIS ST) 310.75 REALTAX INC 375530 16-Jul-2014 SERVICES(8136 COVENTRY RD 63) 378.55 RECEIVER GENERAL 375089 02-Jul-2014 PAYROLL REMITTANCE 531.568 46 Page 15 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vencor Name Cheque No. Cheque Date Purpose Amount RECEIVER GENERAL 375531 16-JuI-2014 PAYROLL REMITTANCE 1,407 92 RECEIVER GENERAL 375532 16-Jul-2014 PAYROLL REMITTANCE 543 990 35 REGIONAL MUNICIPALITY OF NIAGARA 375294 09-Jul-2014 MATERIALS 6.339 49 REGIONAL MUNICIPALITY OF NIAGARA 375533 16-Jul-2014 SERVICES(MAY 2014 HRT) 4 106 50 REGIONAL MUNICIPALITY OF NIAGARA 375758 23-Jul-2014 SERVICES(POA#NF-16-20141 13 931 1.3 REID TRINITY 375534 16-JuI-2014 GRANT 105 00 REILLY GREGORY 375535 16-JuI-2014 REFUND 150 00 RESQTECH SYSTEMS INC 375090 02-JuI-2014 MATERIALS 6.879 19 RIGG MOONEY MONUMENTS 375091 02-Jul-2014 CONTRACT SERVICES 430 25 RINKER PLUMBING SERVICES 375759 23-JuI-2014 CONTRACT SERVICES(WRAP2014-( 3 900 00 RIVER REALTY DEVELOPMENT INC 374907 26-Jun-2014 REFUND 7 948 04 ROCCA.JAMES 374908 26-Jun-2014 REFUND 906 J5 ROCCA.JAMES 375537 16-JuI-2014 REFUND 2 100 00 ROCHESTER MIDLAND LIMITED 375093 02-JuI-2014 CONTRACT SERVICES 2 033 02 ROCHESTER MIDLAND LIMITED 375295 09-Jul-2014 CONTRACT SERVICES(FH LESLIE F 84 34 RODRIGUEZ GALINDO 375296 09-JuI-2014 REFUND 416 72 ROGERS WIRELESS INC 374909 26-Jun-2014 SERVICES(TRANSIT) 1.440 10 ROGERS WIRELESS INC 375538 16-JuI-2014 SERVICES(PARKING&TRAFFIC) 1 505 49 ROYAL NEWFOUNDLAND LIVING HISTORY ASSOC. 375761 23-JuI-2014 SERVICES(HONOURARIUM) 50 50 ROYER,CHRISTINE 375297 09-JuI-2014 REFUND 38 00 RPC SCIENCE&ENGINEERING 375539 16-JuI-2014 CONSULTING SERVICES 293 30 RUTTAN.CAROL 374911 26-Jun-2014 REFUND 103 36 SACCO DOLORES 374913 26-Jun-2014 PETTY CASH 309 25 SACCO.DOLORES 375298 09-JuI-2014 PETTY CASH 334 53 SACCO,DOLORES 375298 09-JuI-2014 TRAVEL/MILEAGE 244 00 SADUSEK,BRIAN ANTHONY 375299 09-JuI-2014 REFUND 750 D3' SAFETY KLEEN CANADA INC 375300 09-Jul-2014 MATERIALS 484 33 SAINT GOBAIN CERAMIC MATERIALS CANADA INC 374914 26-Jun-2014 REFUND 324 67 SALLOWS,TINIOTHY&SALLOWS, MONICA 375763 23-JuI-2014 REFUND 750.00 SANI GEAR FIRE 375301 09-JuI-2014 CONTRACT SERVICES 135 32 SANI GEAR FIRE 375764 23-JuI-2014 MAINTENANCE/REPAIRS 1 165 34 SARANOVICH OLGA 374917 26-Jun-2014 REFUND 1 365 88 SAVICH,DANNY 374689 19-Jun-2014 ADMINISTRATIVE 150'00 SCHOLZ VICTORIA OR RALPH 375540 16-JuI-2014 REFUND 750 00 SCHOONINGS.CORNELIUS 375302 09-JuI-2014 SERVICES(ENTERTAINMENT HONC 25 00 SCHOONINGS,CORNELIUS 375541 16-JuI-2014 SERVICES(ENT HONOURARIUMI 25.00 SCIME NICHOLAS 375303 09-Jul-2014 MATERIALS(FOOD COSTS) 60 89 SCOTIABANK BILL PAYMENT SERVICES 375094 02-JuI-2014 REFUND 117 77 SCOTT BEST SEWER SERVICES 375304 09-Jul-2014 CONTRACT SERVICES 1 327 75 SCOTT BEST SEWER SERVICES 375542 16-JuI-2014 CONTRACT SERVICES 197 75 SCOTT CONSTRUCTION NIAGARA INC 375543 16-Jul-2014 CONTRACT SERVICES(MACBAIN) 24860 00 SEALER WORKS 374918 26-Jun-2014 MATERIALS 8 056 94 SEALER WORKS 375544 16-JuI-2014 MATERIALS 3,971 95 SEALER WORKS 375766 23-JuI-2014 CONTRACT SERVICES(FIRE DEPT) 2 938 00 SEAWAY FLUID POWER GROUP 375305 09-JuI-2014 MATERIALS 332 14 SEAWAY FLUID POWER GROUP 375765 23-JuI-2014 MAINTENANCE/REPAIRS 212 21 SERVICEMASTER CLEAN OF NIAGARA 374919 26-Jun-2014 CONTRACT SERVICES(IS OFFICE) 3 912 06 SERVICEMASTER CLEAN OF NIAGARA 375306 09-JuI-2014 CONTRACT SERVICES(GALE) 53675 SERVICEMASTER CLEAN OF NIAGARA 375545 16-JuI-2014 CONTRACT SERVICES CITY HALL; 254 25 SERVICEMASTER CLEAN OF NIAGARA 375767 23-JuI-2014 CONTRACT SERVICES(IS OFFICE) 2 115 36 SETON 374920 26-Jun-2014 MATERIALS 35912 SETON 375307 09-Jul-2014 MATERIALS '11 8r SHAW,TASHLYNN 374921 26-Jun-2014 REFUND 122 79 SHERWIN-WILLIAMS 374922 26-Jun-2014 STORES/INVENTORY 110 92 SHERWIN-WILLIAMS 375309 09-JuI-2014 MATERIALS 204 64 SHERWIN-WILLIAMS 375546 16-Jul-2014 MATERIALS 105 70 SHERWIN-WILLIAMS 375768 23-JuI-2014 MATERIALS 927 09 SHILLINGTONS LLP 375769 23-JuI-2014 CONSULTING SERVICES(FILE#435T 3 859 52 SHRED IT INTERNATIONAL INC 375095 02-JuI-2014 SERVICES 108 16 SIEDERSBERGER.RUTH 374923 26-Jun-2014 REFUND 3.427 74 SIGNATURE SIGNS 375547 16-JuI-2014 MATERIALS 1.576 06 SIGNATURE SIGNS 375770 23-JuI-2014 CONTRACT SERVICES 3,220 50 SIMPLEX GRINNELL 375771 23-JuI-2014 MAINTENANCE/REPAIRS 6.930 96 SIMPLISTIC LINES INC 375096 02-Jul-2014 MATERIALS 2,544 21 SIMPLISTIC LINES INC 375548 16-JuI-2014 MATERIALS 7.610 19 SINICROPLDOMENIC 374924 26-Jun-2014 REFUND 1.413 80 SIRARD,MARCEL 375097 02-Jul-2014 REFUND 60.16 SISK,PETE 374925 26-Jun-2014 SERVICES(MARKET HONOURARIAN 50.00 SIX PAYMENT SERVICES(USA)CORP 374926 26-Jun-2014 SERVICES 100.00 SIX PAYMENT SERVICES(USA)CORP 375772 23-JuI-2014 SERVICES 100 00 SKINNER,KATHLEEN&SKINNER, MARC 375310 09-Jul-2014 REFUND 500 00 SNAP NIAGARA FALLS 375098 02-Jul-2014 ADVERTISING 282 50 SNYDER,PATRICIA 375549 16-Jut-2014 REFUND 38 00 SORENSEN GRAVELY LOWES PLANNING ASSOCIATES INC. 375773 23-JuI-2014 CONSULTING SERVICES 36,345.58 Page 16 of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount SPARKS,BRIAN 375311 09-Jul-2014 TRAVEL/MILEAGE 168.50 SPEARS SEEDS 374927 26-jun-2014 MATERIALS 1.702./4 SPOR T WORKS NORTHWEST US DRAFT 07-Jui-2014 MATERIALS 461 85 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 374930 26-Jun-2014 VEH ID#682 25.668 07 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 375314 09-Jul-2014 VEH ID#683 49 87 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 375553 16-Jul-2014 VEH ID#130 837 15 ST JOHN AMBULANCE 374933 26-Jun-2014 GRANT 36,638-02 ST JOHN AMBULANCE 375776 23-Jul-2014 GRANT 33 896 35 ST JOHN AMBULANCE 375777 23-Jul-2014 GRANT 2 741 67 ST JOHN AMBULANCE 375778 23-Jul-2014 SERVICES(HONOURARIAUM) 200 00 STAMFORD HOME HARDWARE 375312 09-Jul-2014 MATERIALS 76.39 STAMFORD HOME HARDWARE 375774 23-Jul-2014 MATERIALS 4.203 60 STANGL'S ENVIRO LAWN CARE 375551 16-Jul-2014 CONTRACT SERVICES 293.80 STANTEC CONSULTING LTD 375550 16-Jul-2014 CONSULTING SERVICES(FILE#346- 7 037 30 STAPLES ADVANTAGE 374928 26-Jun-2014 STORES/INVENTORY 227 83 STAPLES ADVANTAGE 375313 09-Jul-2014 STORES/INVENTORY 578.45 STAPLES ADVANTAGE 375552 10-Jul-2014 STORES/INVENTORY 1,184.61 STAPLES ADVANTAGE 375775 23-Jul-2014 MATERIALS 141 25 STARY,PAUL 374929 26-Jun-2014 REFUND 1,14747 STERNE.THOMAS ROBERT&CHENG, SUI QIONG 374931 26-Jun-2014 REFUND 1.530.19 STITCH IT CANADA'S TAILOR 374932 26-Jun-2014 SERVICES 5 63 STOKES INTERNATIONAL 374934 26-Jun-2014 MATERIALS 144 08 STOLIKER SYLVIA 375315 09-Jul-2014 REFUND 231.49 STORAGE NIAGARA 374935 26-Jull-20 14 SERVICES(PALMER PARK) 53V.75 STORAGE NIAGARA 375099 02-Jul-2014 SERVICES(M!TCHELSON PARK) 164.42 STORAGE NIAGARA 375779 23-Jul-2014 SERVICES(PALMER PARK) 429 40 STREAMLINE UPHOLSTERY INC 374936 26-Jun-2014 MATERIALS 696 08 STREAMLINE UPHOLSTERY INC 375100 02-Jul-2014 MAINTENANCE/REPAIRS 333.35 SUN LIFE ASSURANCE COMPANY OF CANADA WIRE 15-Jul-2014 JULY PREMIUMS 374.058.33 SUN LIFE ASSURANCE COMPANY OF CANADA-BILLING AND CO 375781 23-Jul-2014 REMITTANCE 1,099 25 SUN MEDIA CORPORATION 375319 09-Jul-2014 ADVERTISING(AMQ2175200,COROI 113.00 SUN MEDIA CORPORATION 375555 16-Jul-2014 ADVERTISING 8.123 53 SUNCOR ENERGY PRODUCTS PARTNERSHIP 374937 26-Jun-2014 FUEL 63,748.55 SUNCOR ENERGY PRODUCTS PARTNERSHIP 375101 02-Jul-2014 FUEL 28,493.14 SUNCOR ENERGY PRODUCTS PARTNERSHIP 375316 09-Jul-2014 FUEL 54.439 43 SUNCOR ENERGY PRODUCTS PARTNERSHIP 375317 09-Jul-2014 FUEL 1.482 96 SUNCOR ENERGY PRODUCTS PARTNERSHIP 375554 16-Jul-2014 FUEL 54.078 53 SUNCOR ENERGY PRODUCTS PARTNERSHIP 375780 23-Jul-2014 FUEL 25,347.66 SUPERIOR BLEND COFFEE LTD 375556 16-Jul-2014 MATERIALS 1 115 22 SUPERIOR BLEND COFFEE LTD 375782 23-Jul-2014 MATERIALS 395 03 SUPERIOR LAUNDRY SERVILE LID 3/49,39 26-jun-20i4 CONTRACT T SERVICES(FIRE DEPT) t78 55 SUPERIOR LAUNDRY SERVICE LTD 375102 02-Jul-2014 CONTRACT SERVICES(IS OFFICE) 107 92 SUPERIOR LAUNDRY SERVICE LTD 375320 09-Jul-2014 CONTRACT SERVICES(FIRE DEPT) 53 11 SUPERIOR LAUNDRY SERVICE LTD. 375557 16-Jul-2014 CONTRACT SERVICES(CORONATIC 229 40 SUPERIOR LAUNDRY SERVICE LTD 375783 23-Jul-2014 CONTRACT SERVICES(FIRE DEPT) 53 11 SUTPHEN CORPORATION US DRAFT 07-Jul-2014 MATERIALS 346 00 SWIRLS.0 C 375558 16-Jul-2014 REFUND 2.500 00 T&T DRY CLEANERS&TAILORS 375789 23-Jul-2014 SERVICES(COSTUME CLEANING) 27 12 TALK WIRELESS INC 374940 26-Jun-2014 SERVICES(MUSEUM) 1.335.32 TALK WIRELESS INC 375103 02-Jul-2014 EQUIPMENT 8,935 68 TALK WIRELESS INC 375321 09-Jul-2014 VEH ID#22&32 644 31 TALK WIRELESS INC 375560 16-Jul-2014 LEASES AND RENTS 1,661.10 TALK WIRELESS INC 375784 23-Jui-2014 LEASES AND RENTS(FIRE DEPT) 338.83 TAXITAB 374941 26-Jun-2014 CONTRACT SERVICES 6,874.89 TAYLORS WATER SERVICE 375561 16-Jul-2014 SERVICES 260 00 TCI MANAGEMENT CONSULTANTS 375562 16-Jul-2014 CONSULTING SERVICES(CNF CULT 21.470.00 TD CANADA TRUST 375785 23-Jul-2014 REFUND 782.82 TELEGA.ELIZABETH 375563 16-Jul-2014 REFUND 918.76 TELUS COMMUNICATIONS COMPANY 375564 16-Jul-2014 SERVICES 8,675 41 TELUS COMMUNICATIONS COMPANY 375786 23-Jul-2014 SERVICES 796.65 TERMA HOLDINGS INC 374942 26-Jun-2014 REFUND 5,246.01 THE HIT MEN BRASS BAND US DRAFT 07-Jul-2014 CANADA DAY PERFORMANCE 1,500.00 THE MAGIC OF GREG FREWIN 374688 19-Jun-2014 SERVICES 2,277.00 THE SALVATION ARMY 374916 26-Jun-2014 REFUND 6,240 76 THEAL,BRYAN 375323 09-Jul-2014 GRANT 50.00 THERMO KING ONTARIO 374943 26-Jun-2014 MATERIALS 427 28 THERMO KING ONTARIO 375565 16-Jul-2014 MATERIALS 180.87 THISTLEWAITE YARDWORKS 375324 09-Jul-2014 CONTRACT SERVICES(4918 SIMCO 2,828.47 THOMSON ROGERS 375325 09-Jul-2014 CONSULTING SERVICES 501.20 THYSSENKRUPP ELEVATOR 375104 02-Jul-2014 MAINTENANCE/REPAIRS(MUSEUM) 664.88 THYSSENKRUPP ELEVATOR 375566 16-Jul-2014 MAINTENANCE/REPAIRS(FIRE STA- 549.89 TOOLBOX 375105 02-Jul-2014 MATERIALS 989.99 TOROMONT _ 374945 26-Jun-2014 VEH ID#205 6.188.27 TOROMONT 375106 02-Jul-2014 VEH ID#535 272.17 Page 17of18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount TOROMONT 375326 09-Jul-2014 VEH ID#205 1.686.,,8.,n TOROMONT 375567 16-Jul-2014 VEH ID#535 887.21 TORONTO STAMP INC 375107 02-Jul-2014 MATERIALS 42 18 TORONTO STAMP INC 375787 23-Jul-2014 MATERIALS 347 50 TOUCHSTONE SITE CONTRACTORS 375108 02-Jul-2014 CONTRACT SERVICES 811 38 TRANSAXLE PARTS(HAMILTON) INC. 375109 02-Jul-2014 STORES/INVENTORY 415 91 TRAPASSO JUDY 374946 26-Jun-2014 REFUND 3 298 75 TREE AMIGOS LANDSCAPING INC 375110 02-Jul-2014 CONTRACT SERVICES 9 874 03 TREE AMIGOS LANDSCAPING INC. 375568 16-Jul-2014 CONTRACT SERVICES 3 497 70 TRELFORD ILA 375569 16-Jul-2014 REFUND 3300 TRUGREEN 374947 26-Jun-2014 CONTRACT SERVICES(FIRE DEPT) 256 51 TRUGREEN 375111 02-Jul-2014 CONTRACT SERVICES(FIRE DEPT) 585 45 TRUGREEN 375570 16-Jul-2014 CONTRACT SERVICES(CITY HALL) 494 94 TRUGREEN 375788 23-Jul-2014 CONTRACT SERVICES(FIRE DEPT) 593 25 TUDINI,SELENE 375571 16-Jul-2014 MATERIALS 185.98 TURENNE.DOREEN 375327 09-Jul-2014 REFUND 500'J0 TURF CARE PRODUCTS CANADA LIMITED 375112 02-Jul-2014 EQUIPMENT 439 29 TURF CARE PRODUCTS CANADA LIMITED 375790 23-Jul-2014 MATERIALS 73 56 TWARDA'WSKY,NICK 375328 09-Jul-2014 TRAVEL/MILEAGE 61 56 UCC INDUSTRIES INTERNATIONAL INC 375791 23-Jul-2014 MATERIALS 1108'56 ULINE CANADA CORPORATION 375572 16-Jul-2014 MATERIALS 52 81 UMBRELLA ENERGY 375573 16-Jul-2014 REFUND 11 39 UMRANIA,SHASHIN 375574 16-JuI-2014 REFUND 1311 UNISYNC GROUP LTD 374948 26-Jun-2014 MATERIALS 83 51 UNIVERSITY OF TORONTO PRESS INC 375792 23-Jul-2014 MATERIALS 321 96 UPPER CANADA CONSULTANTS 374949 26-Jun-2014 CONSULTING SERVICES(FILE#273- 13,589 72 UPPER CANADA CONSULTANTS 375114 02-JuI-2014 CONSULTING SERVICES(FILE 2014- 8,65490 UPPER CANADA CONSULTANTS 375329 09-JuI-2014 CONSULTING SERVICES(FILE#2011 8.294 43 UPPER CANADA CONSULTANTS 375575 16-JuI-2014 CONSULTING SERVICES(FILE#297- 19.571 49 UPS CANADA 375576 16-JuI-2014 COURIER(TRANSIT) 122.95 URBAN &ENVIRONMENTAL MANAGEMENT INC 375115 02-JuI-2014 CONSULTING SERVICES(MILLENIUI 10,064.06 URBAN &ENVIRONMENTAL MANAGEMENT INC 375793 23-Jul-2014 CONSULTING SERVICES(FILE#351- 5,770 06 VADIM COMPUTER MANAGEMENT GROUP LTD 374950 26-Jun-2014 TRAVEL/MILEAGE 3 074 77 VAILLANCOURT,JESSICA 375577 16-JuI-2014 REFUND 233.67 VAN HOUTTE COFFEE SERVICES INC CO 38 375116 02-Jul-2014 MATERIALS 71 60 VANCOR SUPPLY 375578 16-JuI-2014 MATERIALS 137 77 VANCOR SUPPLY 375794 23-JuI-2014 MATERIALS 3'35 10 VANDERSLUYS,MATTHEW 375330 09-JuI-2014 SERVICES(PERFORMANCE) 400 00 VANHORN LEE 375331 09-JuI-2014 REFUND 500 00 VECCHIO ORNAMENTAL IRON LIMITED 374951 26-Jun-2014 REFUND 254.59 VERY MONKEY INC 374972 27-Jun-2014 SERVICES(CANADA DAY 2014) 1 288 20 VIKING CIVES LTD 375579 16-JuI-2014 VEH ID#112 4,020 83 WAJAX POWER SYSTEMS 374952 26-Jun-2014 MATERIALS 971 03 0/AJAX POWER SYSTEMS 375117 02-JuI-2014 MATERIALS 1.040 58 WAJAX POA/ER SYSTEMS 375332 09-Jul-2014 MATERIALS 2.500 91 WAJAX POMP/ER SYSTEMS 375580 16-JuI-2014 MATERIALS 1.221 39 WAJAX POWER SYSTEMS 375795 23-Jul-2014 MATERIALS 10 855 54 WALKER AGGREGATES INC 374953 26-Jun-2014 MATERIALS 14 539.55 WALKER AGGREGATES INC 375118 02-JuI-2014 MATERIALS 11 1'3 42 WALKER AGGREGATES INC 375333 09-Jul-2014 MATERIALS 7 084 10 WALKER AGGREGATES INC 375581 16-Jul-2014 MATERIALS 1.549 60 WALKER AGGREGATES INC 375796 23-JuI-2014 MATERIALS 10.203 39 WALKER ENVIRONMENTAL GROUP INC 375334 09-Jul-2014 SERVICES(MUN. SOLID WASTE) 273.18 WALKER ENVIRONMENTAL GROUP INC 375582 16-Jul-2014 SERVICES(MUN. SOLID WASTE) 13 59 WARCHALA.MICHAEL 374954 26-Jun-2014 TRAVEL/MILEAGE 492.95 WARREN RONALD 375584 16-JuI-2014 REFUND 189 44 WASTE MANAGEMENT 374955 26-Jun-2014 CONTRACT SERVICES 85 96 WASTE MANAGEMENT 375335 09-JuI-2014 CONTRACT SERVICES 87 77 WESCO DISTRIBUTION CANADA INC 375119 02-JuI-2014 MATERIALS 16 41 WET&HUMID NO MORE LTD 375797 23-JuI-2014 REFUND 500 00 WHIPPLE SUE 375336 09-JuI-2014 REFUND 271.83 WILLIAMS DREW 375338 09-JuI-2014 REFUND 750 00 WILLIAMSON,OREN 375337 09-Jul-2014 SERVICES(EMCEE) 150 00 WINTER FESTIVAL OF LIGHTS 374956 26-Jun-2014 GRANT 21 357 14 WINTER FESTIVAL OF LIGHTS 375798 23-JuI-2014 GRANT 19,928 57 WOLSELEY FRONTIER HVAC/R GROUP 374958 26-Jun-2014 MATERIALS 26 74 WOLSELEY FRONTIER HVAC/R GROUP 375120 02-JuI-2014 MATERIALS 27 98 WOLSELEY WATERWORKS GROUP 374957 26-Jun-2014 STORES/INVENTORY 647 49 WOLSELEY WATERWORKS GROUP 375339 09-Jul-2014 STORES/INVENTORY 894 96 WOLSELEY WATERWORKS GROUP 375585 16-JuI-2014 MATERIALS 1.180.85 WOMEN'S PLACE OF SOUTH NIAGARA INC 374959 26-Jun-2014 GRANT 1.612 50 WOMEN'S PLACE OF SOUTH NIAGARA INC 375799 23-JuI-2014 GRANT 1 612 50 _ WOOD.DAVID 375586 16-JuI-2014 REFUND 78 08 WOODRUFF.GAIL PATRICIA 375341 09-JuI-2014 REFUND 500 00 Page i s of 18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No Cheque Date Purpose Amount VVOOLNOUGH,CHRIS 375340 09-Jul-2014 ADMINISTRATIVE 8000 WORK AUTHORITY 37512 i 02-Ju!-20i4 MATERIALS 150 00 WORK AUTHORITY 375342 09-Jul-2014 MATERIALS 150 00 WORK AUTHORITY 375587 16-Jul-2014 MATERIALS 144 06 WORK EQUIPMENT LTD 375122 02-Jul-2014 VEH ID#289&300 1,187 00 WORK EQUIPMENT LTD 375588 16-Jul-2014 VEH IDA 298 29.777 39 WSIB 374690 19-Jun-2014 SERVICES 25.225 08 WSIB 374960 26-Jun-2014 REMITTANCE 5 059.56 WSIB 374961 26-Jun-2014 PAYROLL REMITTANCE 776.92 WSIB 375343 09-Jul-2014 REMITTANCE 24175-34 'A/SIB 375800 23-Jul-2014 REMITTANCE 27.616 99 WURTH CANADA LIMITED 374962 26-Jun-2014 MATERIALS 338 31 WYLIEBRENDA 374691 19-Jun-2014 PETTY CASH 510 99 WYLIE,BRENDA 375123 02-Jul-2014 PETTY CASH 580.63 WYLIE BRENDA 375589 16-Jul-2014 PETTY CASH 522 20 XCG TRAINING&OPERATIONS 375124 02-Jul-2014 TRAINING(TRENCHING&EXCAVATI 7,910.00 YAnINIIX CANADA.INC 374953 26-Jun-2014 REFUND 6 561 05 YELLOW PAGES GROUP 375344 09-Jul-2014 ADVERTISING 763.43 YELLOW PAGES GROUP 375590 16-Jul-2014 ADVERTISING(IS) 173 91 YMCA 374964 26-Jun-2014 CONTRACT SERVICES(MACBAIN-C 4.377 24 YMCA 375125 02-Jul-2014 MAINTENANCE/REPAIRS iMACBAIN 1.197 41 YMCA 375345 09-Jul-2014 UTILITIES(MACBAIN-200 HEATING 1.211 15 YWCA NIAGARA REGION 374965 26-Jun-2014 GRANT 4,277 75 YWCA N! CnRn REGION 375001 23-01-2014 GRANT 4 27 7 75 ZAPPITELL!ANTHONY 375346 09-Ju!-2014 REFUND 500.00 ZEP SALES AND SERVICE OF CANADA 374966 26-Jun-2014 MATERIALS 144 56 Total 23,910,062.15 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources/ Fire Services SUBJECT: HR-2014-02 Epinephrine Auto Injectors RECOMMENDATION That the Fire Department equip all front line trucks with Epinephrine Auto Injectors (EAI's), both adult and child doses; and That staff continue to monitor the City of Hamilton pilot project before determining whether to place EAI's in all municipally owned buildings. EXECUTIVE SUMMARY Anaphylaxis is a serious allergic reaction that is rapid and can cause death if not responded to quickly. The use of an epinephrine auto-injector, when properly administered, may relax muscles to make breathing easier and reverse a sudden drop in blood pressure. Staff was directed to investigate the efforts of the City of Hamilton related to the introduction of epinephrine auto-injectors (EAI). A recommendation report at the May 13th meeting, and various deputations, lead to Council directing staff to take the lead regarding the provision of EAI's, municipally. Since that time, staff have done their due diligence, investigating the legalities, practicalities and logistics of implementing Council's direction. BACKGROUND INFORMATION At the May 13, 2014, meeting Council considered recommendation report CD-2014-07, Epi-Pens. Council heard from a representative of Pfizer Canada, producer of EAI's known as Epi-Pens and a local restaurateur, who promotes allergy-free products at their establishment. The approved motion of Council from the meeting was "that the city take the lead by having staff investigate the provision of Epinephrine Auto-injectors at all City facilities, and on Fire Trucks, and consider a bulk purchase of the Epinephrine Auto-injectors. Since the meeting, a group of staff have been doing their due diligence, investigating costs, legislative authority and liabilities related to Council's motion. AugusA........4 A2f OAAA 2f IIn nAAA nn t �c, w I`Y - c - 111N-cv IN-vc The National Institute of Allergy and Infectious Diseases (NIAID) cites the leading cause of anaphylaxis is food allergy, especially allergies to peanuts and tree nuts. However, medications like penicillin, insect stings and latex can also cause allergic reactions. MAID states that symptoms can begin within several minutes to several hours and can involve skin mucosal tissue. (tissue lining the respiratory and GI tracts) Trouble breathing and or a drop in blood pressure (pale, weak pulse, confusion, loss of consciousness) are other symptoms. In May 2005, the Ontario government passed into law, Bill 3: An Act to Protect Anaphylactic Pupils, which affects all publicly funded schools in Ontario. Named "Sabrina's Law" in honour of Sabrina Shannon, the law became effective January 1, 2006. This law requires that every school board in Ontario establish and maintain an anaphylaxis policy. It also requires that principals develop individual plans for pupils at risk of anaphylaxis. It is the first legislation in the world to protect children with life threatening allergies. CaiII.c's Law is specifically. ue igled km- VI 1ari0 schools defining LC requirements of teachers and principals alike. Further to this, Section 20 (g) (Duties of Teachers) of Regulation 298 under the Education Act speaks to a teacher's legal obligation to ensure that all reasonable safety procedures are carried out. Currently, there is no pending legislation that would require public facilities to make available EAI's. As outlined in CD-2014-07, the Hamilton Board of Health, in April, approved the recommendation of a one-year pilot project, at a cost to the City of Hamilton of $82,000. The program will see security guards at Eastgate and Jackson Square malls trained to recognize and respond to a severe allergic reaction. In conjunction with the pilot project, Anaphylaxis Canada will be providing education to the general al public and promoting personal lal al..l..0untability plans Io U Ione that I lave allergies and their own EAI. At the end of the pilot project, McMaster University will share their findings so City of Hamilton officials can make informed decisions on the initiative going forward. ANALYSIS/RATIONALE The average response time within the urban boundaries for the Niagara Falls Fire Service is approximately 5.5 minutes. Given the fact that they our Fire Services personal are extensively trained, the preferred location for the EAI's would be to equip the Fire Services vehicles. Response times of EMS providers would be similar. To administer, the Fire Department will require a standing administration order from the Medical director, which will not be an issue. The order will have limitations as to when Firefighters will be allowed to administer the EAI's. Although representations at the May 13th Council meeting spoke to the ease of administering the EAI's, as in the Hamilton pilot project, it is prudent to train the administrators of the EAI's. Firefighters will require about 2 hours of training annually for the bi-annual certification March 26, 2013 -3 - HR-201.401 Similarly equipping all City facilities would require a similar order from the Medical Director. Dr. Doug Munkley, Medical Director, Niagara Fire Fighter Defibrillation Program advises against the practice of making EAI's in publicly owned facilities. (see attached letter) "The drug epinephrine is not without significant side effects. Its use when not administered by the individual who is actually having the allergic reaction is considered by the College of Physicians and Surgeons of Ontario as a "controlled medical act".... Further, it is my medical opinion that having epinephrine auto injectors available for use by the public in City owned buildings is not advisable. This is by no means an accepted public health measure at this time." FINANCIAL / STAFFING/ LEGAL IMPLICATIONS All front line trucks will require two, Adult & Child EAI's. An EAI is approximately $125.00 per pen. The anticipated budget costs are between $7,500 to $10,000. The EAI's have a shelf life of 18 months. As this expense has not been budgeted, it is suggested that the program be implemented for 2015. As outlined in the analysis section, a directive from the Medical Director would be necessary to authorize the use of EAI's. The Medical Director will issue such a directive for front line Fire personnel but is recommending against expanding the order for all City staff. Nonetheless, staff that are trained in first aid can assist a person to take their own prescribed EAI, which is standard Provincial practice. Staff will continue to monitor the Hamilton test project, which will possibly establish protocols for all municipalities. CITY'S STRATEGIC COMMITMENT This project is intended to support Council's strategic priority to improve the community health and safety and customer service excellence. LIST OF ATTACHMENTS • Letter from Dr. Munkley • CD-2014-07, Epi-Pens f / Z___ aJ 1� Recommended by: 1: ( "_ 16.., i' _ Or Trt Dark, Difec r eiof Human Resources -AND- l/ iitAA. / /� Vi_../ ` Lee Smith, Fire/thief Respectfully submitted: ----)-1,---/(14-4 Ken Todd, Chief Administrative Officer CI/DI/JB - Dr. Doug Munkley Medical Director: Niagara Fire Fighter Defibrillation Program, Niagara-on-the-Lake, ON, LOS1J0 June 2, 2014 Dear Deputy Chief Boutilier, Re: Firefighter treatment of anaphylaxis I am writing further to our recent discussion on potential changes to medical treatment protocols for Niagara Falls firefighters when dealing with patients with anaphylaxis (severe allergic reactions). As you are aware, at present your staff are trained, certified and able to administer a patient's own epinephrine by auto-injector should they encounter an individual in severe distress from anaphylaxis. It would be my opinion that it would be beneficial to allow your fire fighters to have access to their own supplies of epinephrine injectors, to be used when a patient has a past history of severe allergic reactions and does not have their medication available. This would involve some additional training for your staff and would necessitate carrying both adult and pediatric epinephrine injectors. There are several Fire Departments in Ontario that have recently started a similar program providing this care prior to the arrival of EMS personnel. Further, it is my medical opinion that having epinephrine auto injectors available for use by the public in City owned buildings is not advisable. This is by no means an accepted public health measure at this time. I am aware of only one similar program in Hamilton that has as yet not been started and it will be run only in a single location and is being studied as a research project if it proceeds. The drug epinephrine is not without significant side effects. Its use when not adminictered b" by the indit�iriiial \nrhn is artiially hawing the allergic rPartinn J b ' =- considered - - n - � - --- n�- - -• and - - - of is by the College of Physicians andd Surgeons Ontario as a "controlled medical act". Niagara Falls firefighters are certified by me and are therefore authorized to use epinephrine when responding to calls for severe allergic reactions. There is however currently no legislation in Ontario that would protect the City or the user if a "public" epinephrine auto injector was misused by an individual. Feei free, as usual, to contact me if you any questions or concerns regarding these issues. Yours sincerely, Dr. Doug Munkley Niagaraft0 May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2014-07 EpiPens RECOMMENDATION Tkat the Public Health Department of the Regional Municipality of Niagara be formally requested to rr'enitor the Stock Epinephrine Auto-injector Pilot Project, overseen by the City of Hamilton, through tkieir Public Health Services and, if the pilot project is successful, consider implementing such a proem in Niagara. That the city take the lead by having staff investigate the provision of Epinephrine Auto- injectors at all City facilities, and on all Fire Trucks, and consider a bulk purchase of the Epinephrine Auto-injectors EXECUTIVE SUMMARY Staff was directed to investigate the efforts of the City of Hamilton related to the introduction of epinephrine auto-injectors (EAI), also known as EpiPens. The City of Hamilton has introduced a pilot project, which could be a model for other jurisdictions to follow. If such an initiative was to be undertaken in Niagara, it would be more appropriately the jurisdiction of the Public Health Department. Increased public awareness should be encouraged through education. BACKGROUND At the Council meeting of November 12, 2013, during new business, Council directed that staff "investigate the Hamilton By-law that requires restaurants to have EpiPens." From the major manufacturer's website, an EpiPen is described as a disposable, pre-filled automatic injection device that administers epinephrine, a medication, in the event of a severe allergic reaction. Anaphylaxis is a serious allergic reaction that is rapid and can cause death if not responded to quickly. The use of an EpiPen, or epinephrine auto- injector, when properly administered, may relax muscles to make breathing easier and reverse a sudden drop in blood pressure. The research by Hamilton Public Health Services (HPHS) indicates that food allergies affect up to 2.5% of the adult population and 6 to 8% of children less than three years of age. The initiative in Hamilton came about at the urging of the Rotary Club of Ancaster after a Stoney Creek girl died after suffering anaphylactic shock after eating an ice cream cone at an area mall. May 1 2+ 2014 - 2 - vD-q/14 rt., u1 -07 ANALYSIS/RATIONALE When Council directed staff, the inference was that the City of Hamilton had passed a by- law requiring that all restaurants have an EpiPen on the premises. As the s��pporting reports and minutes from the City of Hamilton and Board of Health indicate, Hamilton City Council has taken a cautious and incremental approach and has not implemented a mandatory requirement for stock epinephrine auto-injectors (EAI) at Hamilton food establishments. After directing Public Health staff in April 2013 to come back with a report, in October 2013. Hamilton City Council directed that HPHS work with McMaster and Anaphylaxis Canada to develop an epinephrine auto-injectors pilot program that could be implemented at a Hamilton mall nr nationally food od outlet chain. On April 22nd, the Board of Health �.0 +v approved the recommendation of a one-year pilot project, at a cost to the City of Hamilton of $82.000, that will see security guards at Eastgate and Jackson Square malls trained to recognize and respond to a severe allergic reaction. In conjunction with the pilot project. Anaphylaxis Canada will be providing education to the general public and promoting personal accountability plans for those that have allergies and their own EAI. At the end of the pilot project, McMaster University will share their findings so City of Hamilton officials can make informed decisions on the initiative going forward. The HPHS reports do not contemplate making the provision of EAI's mandatory or impose punitive measures. through a by-law, for not having them. The efforts are focussed on education and the pilot project setting benchmarks and best practices, going forward. An analogy is the introduction of defibrillators in public spaces. Success of the defib program has been achieved through training and public education, not through enforcement or mandatory measures. introducing a by-law making it mandatory for restaurants to have EAi's without first instituting a training program would not be prudent. In the Hamilton project, it has been decided that due to the transient nature of restaurant staff, it is more advisable to train security staff than front line workers. Not contained in the reports, but based on viewing the Board of Health proceedings in April, overtures to the Provincial Restaurant Association were made- The position of the Association was that the provision of EAl's should be strictly voluntary. Any attempt to force the requirement of EAI's is likely to be challenged by the industry, especially without providing appropriate training. Nonetheless, restaurants or malls that do have trained personnel could certainly use that information as a selling point to their clientele. The Hamilton initiative is laudable and may be the model, if successful, for other jurisdictions to follow. Staff would recommend that the lead on such an initiative, locally, should be done through the Public Health Department at the Region. In addition, if the provision of EAI's were to be mandatory in restaurants, it would be more appropriate that monitoring and enforcement be done through the Pubic Health Department, who regularly inspect restaurants, as part of their NiagaralnfoDine program. As public education and training should precede any enforcement action, staff would also encourage Anaphylaxis Canada to engage in public information sessions through local organizations such as the Chamber of Commerce or Niagara Falls Tourism. May 13, 2014 - 3 - CD-2014-07 FINANCIAL/STAFFING/LEGAL IMPLICATIONS At this point, the staff report is an encapsulation of the efforts of the City of Hamilton. as opposed to an analysis of how the City of Niagara Fails could implement a similar initiative, with inherent financial, staffing and legal implications. The Hamilton reports outline the impact and stress the pilot project will have on the HPHS resources, indicating the project is a major undertaking_ In addition, as outlined, public health issues are in the sphere of the upper-tier municipality. CITY'S STRATEGIC COMMITMENT The fostering of a healthy and safe community is one of the Council's strategic priorities. As a result, the Region's Public Health Department should be encouraged to monitor Hamilton's pilot project to consider a similar initiative for Niagara. In addition. public education on EAI's should be fostered and encouraged. LIST OF ATTACHMENTS Various reports and minutes from the City of Hamilton Recommended by: Dean lorfida City Clerk Respectfully submitted: Ken Todd. Chief Administrative Officer DI L-2014-13 NiagaraJglls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2014-13 Convention Centre Parks License from Her Majesty the Queen in Right of Ontario as Represented by The Minister of Infrastructure Our File No. 2006-259 RECOMMENDATION 1. That the City approve a new Parks License with Her Majesty The Queen in Right of Ontario as represented by The Minister of Infrastructure, for a term of five years. The license over the property is described as Parts 11 , 12, 13 and 17 on Plan 59R- 13628 of the Land Titles Office of the Land Titles Division of Niagara South (No. 59). 2. That the Mayor and Clerk be authorized to execute the aforementioned documents on behalf of the City. EXECUTIVE SUMMARY This Parks License is required for the continued use of the Convention Centre hydro corridor. The Parks License permits the City to enter the hydro corridor for maintenance purposes. BACKGROUND Council will recall that the Convention Centre was constructed on property fronting on Stanley Avenue that the City purchased for this purpose. The parking lot is situated to the west of the Convention Centre site. The City has leased the parking lot lands from the Region. There is a Hydro corridor between the Convention Centre site and the parking lot lands. This License will permit the City to continue uninterrupted use of the Hydro corridor lands for the next five years. ANALYSIS/RATIONALE The proposed Parks License will ensure the continued public use of the lands for recreational purposes. August 12, 2014 - G - L-2U14-13 FINANCIAL/LEGAL IMPLICATIONS No taxpayer funds will be used for this expenditure. The renewal cost is $5.00 per year for a five year term. The total cost of the transaction is $25.00. CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with the Council's commitment to customer service excellence, organizational efficiency and effectiveness as well as the creation of a well planned City. Recommended by: ;` • Ken Beaman, City Solicitor Respuct uiiy submitted: / '- r • I N Ken Todd, Chief Administrative Officer SB L-2014-15 NiagaraJcilIs August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2014-15 The Niagara Parks Commission and the City License Agreement Willoughby Historical Museum Our File No. 2005-29 RECOMMENDATION That the City approve a new License with The Niagara Parks Commission ("NPC") with respect to the licencing of its building for the purposes of the Willoughby Historical Museum, located at 9935 Niagara Parkway, Niagara Falls ("premises"), and that the Mayor and Clerk be authorized to execute such License Agreement. EXECUTIVE SUMMARY The following are the terms and conditions of the new License Agreement: • Non-exclusive License for use of the building located on the premises • Five year term ending on December 31, 2019 • Nominal annual consideration ($1.00) This Agreement is amended to provide clarity of the responsibilities of both parties. BACKGROUND The Willoughby Historical Museum was established in 1967 in a former one-room red brick schoolhouse (1916-1957) at the intersection of the Niagara Parkway and Weaver Road, approximately four kilometres south of the Village of Chippawa. The City has historically licensed this facility from the NPC for the License of the premises known as the Willoughby Historical Museum, which premises included the maintenance to the museum itself, which has historically been undertaken by the City, and the repairs and maintenance to the washroom facilities, parking lot and grounds, which have historically been undertaken by the NPC. This proposed License will now more accurately reflect the responsibilities of the parties, including the NPC's agreement to maintain and repair the roof at their sole cost and expense. August 12, 20 14 - G - L-2014-15 ANALYSIS/RATIONALE The proposed License will ensure the continued public use of the lands for recreational purposes. FINANCIAL/LEGAL IMPLICATIONS There is a historical maintenance cost associated with the ongoing operation of this facility. CITY'S STRATEGIC COMMITMENT The City's operation of the Willoughby Historical Museum is in keeping with its Strategic Plan for the provision of Recreation and Culture and is supported by the City's Public Art Pnlicy. As well the proposed transaction is in keeping with the Council's commitment to customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. •Recommended by: Ken Beaman, City Solicitor J Respectfully submitted: Ken Todd, Chief Administrative Officer SB MW-2014-29 N1agaraj allS August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-29 Brown Road and Heartland Forest Road Reconstruction Contract #2014-352-14 Tender Award RECOMMENDATION 1. That the contract be awarded to the lowest bidder V. Gibbons Contracting, at the tendered price of $789,597.75. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY In order to provide a safe travelling surface for the opening of the new Niagara Falls Transit Facility, as well as to address ongoing issues with deteriorated road conditions, City staff have completed the design, and tendered the work for, the proposed reconstruction of Brown Road from Montrose Road to approximately 60m east of Kalar Road and Heartland Forest Road from Brown Road to Chippawa Creek Road. Tenders for this contract were opened on Tuesday July 29th 2014. The lowest bid of $789,597.75 was received from V. Gibbons Contracting and is being recommended for acceptance. This contractor has completed various projects of this nature in the past and we are of the opinion that this contractor is capable of completing the prescribed works. BACKGROUND Brown Road from Montrose Road to approximately 60m east of Kalar Road and Heartland Forest Road from Brown Road to Chippawa Creek Road are currently in very poor condition. With the upcoming (Fall 2014) opening of the newly constructed Transit Facility on Heartland Forest Road, these sections of roadway will receive increased traffic flow including heavy bus traffic. In order to ensure the safety of the travelling public and that the road will not deteriorate further due to the heavy bus traffic, these sections of roadway will have to be properly reconstructed, including the installation of a full-depth granular base and asphalt paving as opposed to just localized repairs or a surface treatment. Staff have employed Hallex Engineering to perform a full-scale soil analysis, geotechnical investigation and road design. The roadway will be reconstructed in accordance with the design provided by Hallex, which included considerations for the increased traffic and August 12, 2014 _7_ MW-2014-29 heavy bus loads that will result from daily operations when then new Transit facility officially opens in the Fall of 2014. The Tender Opening Committee in the presence of the City Clerk, Dean lorfida, the Manager of Supply and Services, Dave Butyniec, and the Supervisor of Construction Services, Eric Lallouet opened tenders on Tuesday July 29, 2014 at 2:00 p.m. for the above noted contract. Tender documents were picked up by five (5) Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and no corrections were necessary. Firm City Tender Price Corrected Bid 1. V. Gibbons Contracting Stevensville $789,597.75 2. Norjohn Contracting Niagara Falls $814,276.00 3. Rankin Construction St. Catharines $814,356.00 ANALYSIS/RATIONALE The lowest tender was received from V. Gibbons Contracting in the amount of $789,597.75. 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 Sufficient funding has been provided in the 2014 Capital Budget: Brown Road and Heartland Forest Road: $1,550,000 CITY'S STRATEGIC COMMITMENT Implementation of this Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure sustainability. ATTACHMENT 1 . Location Plan - Brown Road and Heartland Forest Road Recommended by: ` — `��® /`' Geoff Holman, Director, Municipal Works 7-z 1 )._.„,..1a....47 j_ Respectfully submitted: Eric Lallouet/Geoff Holman Ken Todd, Chief Administrative Officer --, 1 MONTO:N:RY ) I I / I / /I / � �7OGY"OD=�� _ oa" J_i( I� —1 o I o _ ry{ICKOS / J I / � I I J, Q s I RM / I L�ANAO_ N U - —� I ____,) I I U " OR. J �( v I - I 0 I— ' I Z i 11 0 of I j �� auow,N Ro. 11-- i j , I 0 I , 0 , II Q s,��: VIII II II , I CII L II II ��,J I ! `\I I I i — r �'I A EcK FZOP�� — II I, I \ \ // 1 , / , --,_ -------____,_ /// i ) \ APPROVED ,SCALE I I MUNICIPAL WORKS N S SCALE (DATE 13/06/2014 j DIRECTOR OF MUNICIPAL WORKS 2014 FILE.NO. MAP DATE Road Reconstruction 2014 352 14 ' (� I �►',,�f� MW-2014-34 Niagaraaalls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-34 Buckley Avenue Storm Sewer Tunnel Tender Award - Contract#2014-269-12 RECOMMENDATION 1. That the contract be awarded to the selected bidder Marathon Drilling Co Ltd. at the tendered price of $1,789,000.00. 2. That the Mayor and Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY As part of ongoing Sewer separation activities in areas serviced by Combined Sewers within the City, staff have identified the section of Buckley Avenue between Park Street and Queen Street/Valley Way as a priority project. It will provide separated sewer outlets for the drainage areas to the south on Buckley Avenue and to the west towards Victoria Avenue. Due to construction issues encountered on a previous project at Park Street and Buckley Avenue, and due to the configuration of some of the existing buried infrastructure on the subject roadway, it was decided that the best implementation strategy was a trenchless (tunnelling) methodology as opposed to the more traditional open cut trench approach. Due to the specialized nature and inherent complexity of tunnelling projects, it was also decided that an evaluated tender approach be utilized for analysis and eventual award recommendation. This methodology would also consider such criteria as: understanding of the project, contractor qualifications, experience, past performance on similar projects, and innovation and value added approaches into the tender bid analysis. The recommended contractor scored highest on all the design team's reviews and was also the lowest bid received. BACKGROUND Infrastructure staff have identified the need to have a storm sewer on Buckley Avenue between Park Street and Queen StreetNalley Way. Provisions for a stub connection were included in the Park Street construction project (2006-165-06) in 2006. Given the difficulties that were encountered during construction, the storm sewer stub was never installed. A:.gust 12 201^ - 2 - ^":^:-2014-3, During the construction on Park Street a large void had been created under the road due to a leak in the watermain. The weight of the construction equipment caused the road to collapse into the void causing the intersection of Buckley Avenue and Park Street to collapse. The collapse damaged the Bell and hydro infrastructure in the area. It is for this reason that the stub was not installed at that time, as it was decided not to risk further damage to the Bell and Hydro infrastructure. The storm sewer on Buckley Avenue will be used as the storm outlet for the streets south of Queen Street. Completing this project will allow City staff to begin separating the sewers and reconstruct the side streets in this area of the City. City staff retained Associated EngineeringCp (AE)to complete the design for this project. The initial design was to install the storm sewer a using open cut trench methodology. As it ie design progressed, it became clear that using traditional open cut methodology was not feasible. The reasons for not using traditional open cut methodology are as follows: • given all the existing infrastructure in the road, the only clear alignment for the storm sewer is under the sidewalk on the east side of Buckley Avenue. If there was any type of cave in of the trench, the house foundations maybe affected. • There is a 1.8m diameter combined sewer located a few meters west of the proposed alignment of the new storm sewer. There is a chance that this sewer could collapse if left unsupported. It is not possible to remove this sewer as part of the construction, given the large upstream drainage area that has not been separated. This sewer will need to remain in service until all the tributary upstream area has been separated. • The geotechnical report indicated bedrock is present on the south end of the sewer (Valleyway and Queen Street). This would have to be broken and excavated from the trench requiring large equipment and significant vibration and noise. The intersection of Buckley Avenue, Valley Way and Queen Street would have to be closed for an extended period of time. Given the above mentioned concerns, the design was revised to look at a trenchless (tunnelling) solution. AE has a trenchless technology group out of their Edmonton office. This group was brought in to oversee the design and tendering of this project. At AE's recommendation, City staff retained the services of Coffey Geotechnics Inc to complete a Geotechnical Baseline Report (GBR) and a Geotechnical Information Report (GIR). These reports establish the underground baseline conditions that a contractor should expect to encounter during the tunnel excavation and help mitigate the risk associated with tunnelling. This information was used by the contractor to set their unit prices for the tunnel work and to help select the type of equipment they will use to complete the tunnel. The Design Team will also use this information for determining if additional payment is warranted during construction. Only conditions that are different than what has been identified in the GBR and GIR reports will be eligible for additional payment. Given the complexity of tunnelling, City Staff and the project team at AE, decided it was best to use an evaluated tender instead of the traditional lowest price received. This would allow the design team to score each contractor under various categories and select the August 12, 2014 - 3 - MW-2014-34 most qualified contractor for the project. This will reduce the chances of an inexperienced contractor being awarded the project, based on a low tender price. ANALYSIS/RATIONALE A public opening was not conducted for this contract, as the bids must be evaluated and scored before a winning contractor is announced. Bids were received by the City Clerk, Mr. Dean lorfida and the Project Manager, Chris Anders, on Tuesday June 22, 2014, at 4:00 PM. Tender documents were picked up by thirteen (13) contractors and three (3) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors. Contractor City Tender Price Corrected Bid Marathon Drilling Co. Ltd Greely, ON $1,789,000.00 CRS Tunnelling Oakville, ON $4,377,000.00 Baiocco Construction St. Catharines, ON Disqualified The tender document stipulated that a two envelope submission was required. Failure to provide the required documentation in the first envelope will result in the second envelope not being opened. The bid from Baiocco Construction was disqualified as they did not include all of the required documents in the first envelope. Their bid was returned to them by the City Clerk, with the second envelope unopened. Each of the submissions were evaluated by each member of the design team and were scored based on the criteria outlined in the tender document. All of the design team members selected Marathon Drilling Co. Ltd. as the successful contractor. Prior to informing Marathon Drilling Co. Ltd, that they were the successful contractor, an interview was conducted to ensure they had a sound understanding of the project. This contractor has performed similar type projects throughout Ontario. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $2,000,000.00. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The project was included in the approved Municipal Works Capital Budget for 2013 with a budgeted expenditure of $2,600,000.00. CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. neiy usi ice, 2014 -4 - IVIVV LU 14-J4 LIST OF ATTACHMENTS i. Location Plan Recommended by: rt. Geoff Holman, ®ire &I of Municipal Works Respectfully submitted: 1 Ken Todd, Chief Administrative Officer Geoff Holman 41111 Z ul Y :u < W Q n CRYSLER AV CRYSLER AV CRYSLER AV z Z 1— vl Z UJ W - 3 wcr ST LAWRENCE AV ST LAWRENCE AV '' eft/ vs OVI i"' wY U4 f L.D Cea w a BUCKLEYco AV BUC{LEY AV G=i Q w s --loy i. N w > �>67 U a a cc VICTORIA AV VICTORIA AV t- cn 1iI LI J t C:3 4 )c r ,,, FIRST AV FIRST AV MW-2014-35 Niagaraaalls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-35 Baldwin Avenue and Mulhern Street Watermain Replacement and Road Reconstruction Tender Award - Contract #2014-191-07 RECOMMENDATION 1. That the contract be awarded to the lowest bidder Nexterra Substructures at the tendered price of $1,368,955.00 2. That the Mayor and Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Baldwin Avenue from Mulhern Street to Vincent Street and Mulhern Street from Montrose Road to Paddock Trail, has been identified by Infrastructure staff as needing a new watermain. The residents in the area identified the need for curb and sidewalk along these sections of road. The project scope was increased to include a full road reconstruction along with the watermain replacement. BACKGROUND The Tender Opening Committee in the presence of the City Clerk, Dean lorfida and the Construction Services Supervisor, Eric Lallouet, opened tenders on Tuesday, July 22, 2014 at 2:00 p.m. for the above noted contract. Tender documents were picked up by nine (9) contractors and five (5) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors. Contractor City Tender Price Corrected Bid Nexterra Substructures Niagara Falls 1,368,955.00 Provincial Construction Niagara Falls 1,447,324.71 Demar Construction Niagara Falls 1,555,785.61 $1,555,785.40 Centennial Infrastructure Niagara-on-the-Lake 1,625,565.00 Alfidome Construction Niagara Falls 1,639,499.00 .._�. tie 'nnw _ rWWI Ualy LJ, LV 1'+ - L - RAIN-2014-06 ANALYSIS/RATIONALE The lowest tender was from Nexterra Substructures Ictures the amount $1 368 955 mil received from 191.n LGI Iq VUUJ I UGlU1GJ in 1110:. amount L of�I I �.JVV��JJJ. This contractor has performed similar typo projects for the Citi We arc of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $1,400,000.00. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The project was included in the approved Municipal Works Capital Budget for 2012 with a budgeted expenditure of $1,641,600.00 CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Geoff Holman, Direct {bf Municipal Works . . Respectfully submitted: ) Ken Todd, Chief Administrative Officer Geoff Holman c az er H � 4 4.1 V QUEEN Et1ZZABET!i \�.4Y 7ABETH �`�� QE`'t NY (OFF RRNIP) a QUEEN Eti` KENT AV KENT AV NT AV N i--. tin `n Z 7 < S74W ;� W pce Fe z ..r Q V . W hlpitTRO W x MONTROSE RD W z Z 3l‘ z LEE AV Z W Lel LEE AV LE AV Ly w Ili z ` w 63 z �r 0.4 0 . .� ,' ww ip = I Y cJ1Ott Z Z y Q 0 0 .c. Z ¢�3/ BE qST AV W x,33 y Z VI > a o Q 7. :-.2- - M MW-2014-37 Niagaraaglls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-37 Contract # 2014-350-14 - Tender Award Warren Woods Park Development Project RECOMMENDATION 1 . That the tender from V. Gibbons Contracting Ltd. (1755 Stevensville Road, Stevensville ON. LOS 1S0) for the Warren Woods Park Development Project in the amount of $117,928.00 (excluding HST) be approved. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This contract is necessary to complete development of a new neighbourhood park in the Warren Woods subdivision. Work will include a new playground area with accessible playground equipment, concrete curbing, asphalt pathways, seating areas and related landscaping. Staff are recommending Contract#2014-350-14 Warren Woods Park Development Project be awarded to the low bidder, V. Gibbons Contracting Ltd. The contract value is within overall budget forecasts. BACKGROUND Warren Woods Park(7615 Butternut Blvd) is a new neighbourhood park situated within the Warren Woods Subdivision. Refer to attachment #1. The 0.4 hectare (1 acre) park was dedicated to the City of Niagara Falls in partial fulfilment of the statutory parkland dedication requirements. The purpose of Warren Woods Park is to provide the residents of the Warren Woods subdivision with the standard level of service for neighbourhood parkland. Warren Woods Park will contain amenities that will include an accessible neighbourhood playground, accessible pathways, seating, picnic space, a free play area and related landscaping. Refer to attachment #2. Selection of the playground equipment was conducted through RFP22-2014. MU9UJ4 AO, Lno$ - n - NI V IYY'n0Ai'JT ANALYSIS/RATIONALE A contract is necessary to facilitate the development of Warren Woods Park. Work will include site grading, playground area construction, concrete curbing, asphalt paving, concrete pavement, site furniture installation, topsoil placement, turf seeding, signage installation and tree planting. A tender call was issued for the project on July 8, 2014 with the closing on July 22, 2014. 7 bidders responded to the call. One of which (Stolk Construction) was not opened because the mandatory bid deposit was not provided. As a result there were 6 complete bids received and opened. Contractor City Tender Price Corrected Bid V. Gibbons Contracting Stevensville $117,468.00 $117,928.00 Lawns & More Ridgeway $118,650.20 Stevensville Lawn Service Stevensville $137,490.00 $134,610.00 Touchstone Site Contractors Thorold $155,126.50 Peninsula Construction Fonthill $158,664.94 Garden Grove Landscaping Waterdown $213,629.15 $213,912.40 Staff completed a thorough review of each bid and found the bid submitted by V. Gibbons Contracting Ltd. for the amount of $117,928.00 (excluding FIST) was the lowest bid and met all necessary requirements. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The expenditure in this tender was approved with the 2014 Capital Budget for the Warren Woods Park and Trail Development with a program budget of$225,000. 90% funding for this project is funded through development charges. 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 the overall budget forecasts. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. August 12, 2014 - 3 - MW-2014-37 LIST OF ATTACHMENTS 1. Location Map 2. Warren Woods Park Development Plan • "7/1 Recommended by: 7 Geoff Holman, Director of Municipal Works ff t Respectfully submitted: Ken Todd, Chief Administrative Officer David Antonsen LOCATION MAP WARREN WOODS PARK DEVELOPMENT WARREN WOODS PARK 7615 BUTTERNUT BOULEVARD Location Map T.tCLEOD RD FOD RD to1CLEOD RD 1 4706 r- 73 ELDERBER o DR REN WOODS PARK 4 Acz- N, RR)" DR CR NiULBE NTia araralls July 2014 Subject Land,- I - --- --,-,- - , 1 ,9, ' •, • -i- - Illt .41'4,444-, I Aii gis, 1 i 0 0 0 < :, I 1 ce t 0' I 0 z i i 2 ili i:1 1 L-1, b 0 ' ,r, :', . '..- ?;;_ 0 5 2 z! 1 4-'r // 'I /.'. 0 4 4. '`, / `4.; , z 3 w,22 O ',"?,, '' .',.' ',i f; . CC!2 2.-4 F , '., ; a : !!`:: '!!;' !,9 !n a', ;!! ,!!! !f!,,!!!i!-i., ,, U) . i• '1.o c;1 . . ;.''e -'c ''. '4r ''' '', t3' I- 1, ,...:',. 2 3;43; 2-2" ,.., 36 33,' i i .431 i:' l' Z -3 2.;2 Ti-;.f4; 3„. ; '=-4 -='-',, EL'F 3 3. Z2 -, ; ..,7., 3 w ',31 .'A'3,' A z ' rz 3 i,' I`I ___________ __-_-_i_____-__,______ , --deVneinge nNe ne ... ,_„ : '' I 11- ' ., .41 • 14 - U.) ,,1_,_44I1 1 ' \ 1 ;-'[...4.• " _1... ',a.Lit-- ---- --,,.,4'---- \ - . =,. „__,_ ,.....,, , .... /-7'- ''' --CO; ':"k-. , - r':17'., '",--, 1 7 z ----"‘ ' -14}-• , , 1 1 ,, •,,,..--:,,,..,1-s,f.--„,, -;,-. 1 ,,,,,,,,, A f_f,_ - - 1 1 I I L ...,' 1 ; I Z' ,_, 1, t_ ,-„";,,„ ,f -_ '''.,-- ,,,,, .. .. ft, i 1 1 Wiliq i /- ', /.;! !!!!]'; V'!!':• .>', •-' A -.'.:17< la < 1 , 1 IIJ 0.1 >_ .!:;i!!:-. , 22 ' -,•-3'..' ci-. \;,,,-- ; :: 'i;' 3-3,, i ', 31 -113 LI , '6 .1 0, /' <,tl.ii / i a_1 41 1 . I : .-. 1..i “"'L / , , = _,,,,_;;,' ,.,,. 7.4,:t ' - -,7,,,,,--- ',•-• ,,,_,,------- , -, /--' ' ,I.,:., f, f . ',, ,, E - -a r: ' _ _a_ I ' ," -'%--. ' -„, ---Vt)-------;;7\'' 1r '0',-S Al1=1C21 GOOMNOJ_LOO '-''1 ''''. 11)- 1 ' ' MW-2014-38 NiagaraJa11s August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-38 Contract # 2014-351-14 - Tender Award Fernwood Park and Trail Development Project RECOMMENDATION 1. That the tender with the revised project scope from Touchstone Site Contractors Inc. (650 Allanburg Road, Thorold ON. 1_2V 1A8) for the Fernwood Park and Trail Development Project in the amount of$275,895.45 (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 development of a new neighbourhood park and a section of the new recreational trail in the Fernwood subdivision. Work will include a new playground area with accessible playground equipment, concrete curbing, asphalt pathways, seating areas and related landscaping. Furthermore work will also include drainage improvements within the Fernwood Woodlot adjacent to the rear yard of residents on Tapestry Court. All bids received were over the tender budget $315,000. To advance the project on budget, Staff reduced the project scope by deferring a portion of the trail development. Staff are recommending Contract #2014-351-14 Fernwood Park and Trail Development Project be awarded to the low bidder, Touchstone Site Contractors Inc. With the revisions to the project scope, the contract value is within overall budget forecasts. BACKGROUND Fernwood Park (9260 Hendershot Blvd) is a new neighbourhood park situated within the Fernwood Subdivision. Refer to attachment #1. The 0.1 hectare (0.25 acre) park was dedicated to the City of Niagara Falls in partial fulfilment of the statutory parkland dedication requirements. The purpose of Fernwood Park is to provide the residents of the Fernwood subdivision with the standard level of service for neighbourhood parkland. Fernwood Park will contain amenities that will include an accessible neighbourhood playground, accessible pathways, seating, picnic space, a free play area and related landscaping. Selection of the rAun uSt 771 LAAT -L - MW-2 01.4-33 playground equipment was conducted through RFP21-2014. The Fernwood Trail is situated adjacent to the ctnrmwater management facilities fnr the Fernwood Subdivision. Once completed the (900 metre long) Fernwood Trail will extend from Garner Road to the West limit of Hendershot Blvd and will also connect to Fernwood Park. The trail will be paved with asphalt and feature seating areas, signage and landscaping. In 2013, City staff were made aware of drainage issues along the south limit of the Fernwood Woodlot adjacent to the rear yard limits of residences on Tapestry Court. These drainage issues caused intermittent localized ponding along the interface between the Fernwood Woodlot and properties on Tapestry Court. City staff, with assistance of the Niagara Peninsula Conservation Authority, developed a .plan to resolve ll Ie drainage Issues through ditch improvements. ANALYSIS/RATIONALE A contract is necessary to facilitate the development of Fernwood Park and Trail. Work will include site grading, playground area construction, concrete curbing, asphalt paving, concrete pavement, site furniture installation, topsoil placement, turf seeding, signage installation, armourstone, and tree planting. In addition ditching and tile drainage work has been included in the contract to address drainage issues within the Fernwood Woodlot. A tender call was issued for the project on July 8, 2014 with the closing on July 22, 2014. 4 bidders responded to the call. Contractor City Tender Price Corrected Bid Touchstone Site Contractors Thorold $336,991.45 Stevensville Lawn Service Stevensville $355,875.00 $355,925.00 Peninsula Construction Fonthill $388,938.71 Garden Grove Landscaping Waterdown $406,052.34 Staff completed a thorough review of each bid and found the bid submitted by Touchstone Site Contractors Inc. for the amount of $336,991.45 (excluding HST) was the lowest bid and met all necessary requirements. Unfortunately all four bids received were above the tender budget of $315,000. Given the neighbourhood importance of advancing this project in a timely fashion, City staff and consultants met with the low bidder and developed a way to reduce the cost of the project. This was accomplished by reducing the project scope by deferring approximately 340 metres of trail. The resulting project cost from the scope reduction is $275,895.45+HST. The reduced project scope still includes approximately 500 metres of paved trail to be constructed. Refer to attachment # 2. The lowest bidder for the Fernwood Park and Trail Project did not change due to the proposed project scope changes. No price adjustments were requested by the bidder even though there were significant material unit reductions between the original project scope August 12, 2014 - 3 - MW-2014-38 and the revised project scope. The deferred section of trail may be implemented in the future with other trail works that include the eventual elimination of the existing construction access from Lundy's Lane. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The expenditure in this tender for Fernwood Park and Trail was approved with the 2014 Capital Budget with a program budget of$365,000. 90% funding for this project is funded through development charges. At the present time there are no revisions to the budget expenditures or funding sources. The expenditure in this tender for Fernwood Woodlot/Tapestry Court drainage was approved with the 2014 Capital Budget in the Ditching Improvement Project with an overall program budget of $25,790. At the present time there are no revisions to the budget or funding sources. This tender represents one part of the overall project and further expenditures will be made. The tendered price is within the overall budget forecasts. 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. Location Map 2. Revised Scope of Work Plans Recommended by: /f Geoff Holman, Diredfor of Municipal Works Respectfully submitted: p Y Ken Todd, Chief Administrative Officer David Antonsen Location nt Project Development And Trail Map Fernwood Park An Contract#2014-351-14 Location Map iq 4 1 p 1:4706 ,, rt Drainage ge '0 "'I' . 1 ' <51 , ' rri 1 1 0 --,;.."'"' - ", -4-',"lij'• -,. .,,'''' -: :' ....-- ,- ferPw rk & Tra 1 LSI „ latsi"‘ ' - ' :'''' 1,,.--""*' (3 23 , - - -.U1141)Y4S---L-N _m - N2014 iuIy - , , flails---''m iagara ,,,,..:, ......,,,, Subject Landr.,-- REVISED SCOPE OF WORK PLANS , I ' '''''---' ''''' ' ‘" ,,i r !,I ; I ' , :- i 1 - , !. I i'',',I i i ',1-,--- '' 1 '''' r'• ,"7 '-' i .,, ',:'';--",!il (,,::,-, '___-----,,,- -------,_ , "!------ -Ill .1,..z f 4, __ ------; air- 1i I 1, 'i .1 i '-' i' f , 'i - !, ;7-,.-- --- .:: , ,t ! •, 1-------- ! ' ' )---' - h •' 0 \+, ..';' , 1 ,, , ,_ , . ...:,-, ' II , 4 ,2`,: - . , , .._, . __, i -;-• .', ___, • '' ii:IH 1 t . ,,,-. • -, , ,, ,.•4.: , . —I V _, I '',-\ 1.' I, .1 ,. – , . ,_... _ •-• -, ,,_, ,,-. 1 L q 1,'---,- , ,1, ,,:1,J-,;',',.-='• I 4 I ' . --:, ' t ON 0 -- if., • ,i ,, 11 \', \ 1! I. ,. ,,!.. ;'!,..! 1 . _ !_-,-_-_;1 ,..•,,•:-, ,,•-..% - ; ' I' -....1 i ,!. t.-- ,,i,',., 'i,At ',,,,-- , 1 .1; II • 1," I , ; •; I -I . . ! ! t. •„1,.;:-.- ' , Ili , 1 ,. , : ;r: IL'.1 , ,,,„/ _ i 1 • ':,„I 1 . : . - ".. 0 III ' ' ,- --4 L. '.'' r'''' 1 : 1'L't . "" ,, ., • -• L - , ;\.1 .. ; ..":::, I ; IL ril, li , ';;•,11 ; 1, 4:14-3: L-:•;',• ,, ;,,., ,.... ,, , ,, ,1 , t 3, t, ,--_ '-_,,,,, ',,--,1 ,t o. \,, 1, • ,...-_ 1 ------ --, 1 ' : LI., -,, II-. - • ' :I L ' ; ,t ' I ' ' ' --.._'-; ; "IL - ' I ' , 4 i,*, • ;i ! i _ , . , - : ' `‘,1 t--__ I; '---;', , i,1 f 1 1 I' '' 1 1 1 1.,.,\ '',f,7-•'1 .5, 11. '1,, 11 , i 1 ,\ , I . • ' , --„,r, , '' , ', ': 1, 1 „ I ' i I -----------1,„ ,., __ - i 1e. - -- .„ .1 . t;'•-ki--1.-i' ,,,..-.•,7",_,,,, t i t ';',1 .. , .1 : , t, •,-.-,•-•..,,..,:it it ' -,f;•- •, r-.1\„‘,,, --,-,-;•:-4,7 t ,1 1,,, ., E„ 1 1 rl'' ' 13 3 i ' V;• . " l' ---- ,. 1„ , ii Li , i i ; .', ?;',I 1 ' ..L'IL',. C-' Iii _ L. i T -.:, , ' 1 l'.,. .' '.,. : i -11 ii,, i '''.1 '.; aimummomos 1,.1 .,... . ... 54: 'Ll '. '' I a,•I 4---'''''' i'l I i . ''1 .1 I i ,. 4 - , . , L_________________41 --L- „....,„0 - _ ,, \.. 11 t1, ' ' • '1. I - . , •-3-- ! -. ... . . i ) 7't : '', -.,. ;t i':,,,--, -ri •'' ' ..11 1 ',I, ', ' It 1 tt--- ,11 •., - ' 1 tit ,,,,____ ,. „, - , ;:;, , , ' tE___ ti ,„; „ • ,, ; , ,ti , — '; , •.`-7-^. ' _ I : , . . _,... , 1 [ "rig. '14.• 1\ , , a .-7417-=7-----'1,--::: '', ...' •-: • , I .J,, • .1 1 11--1 ! , ' \,:•,< 4-,,,, _ .,., -,',.•. ., ..) 1 , ; ___it--- i....-. • ...:t ,I____-k ..., i, . , I _....i___ li i=[ „ . 4 . i - 00 't l , _., aL___ :"i;”: !'"'-, : 1 ' 11 blI''i- yt' t{ pr?:, .,..r . i '' A I ',-_.1 . • „ 5 1 1 ,- , ,, r,,,-„, i- \, , i , r, _,..., • .111; ,-, •,, . . , i-,6 ?...-E: ; —4.-- ; ,,,,,;) ,- 11.1,4,-„E•EE ,, , I, -, 3,;•-•,' •„- ,,t • • " • ‘ f:i - \.,LAtiges 1 c, 1; r-,...w ------.:4---,,-- ,1 wiz; . -4- ) .1 '.. ' i=i1g=a11112150, ,I op <4ht , ---'><.;'' / '0' .:1• '''.-'---.- . .. .., ,,../,,,,,,,„__, i i ,i„.$T.1 , --T"' ..-- ---- 1 ' i .... . . !-'3'4! 1' ' . ' .1 I i l 1 4 a ...- - --..-1—• ' 1 / Liiil ii 1, ( t • z , -----..., '' •,', *, ti t-ik;,, . •-_-=--- 1 ;-:' • i i , '1 ,_ ,, .,, t_ _. , .1 .1; .: •t,,,El•,.; 'i -----_,.,..c?,•---___s,-44:, _ ,-,,., ,-,,,\ - . ,---1 ! t ,:.-,, i 1 I , , 1 . , !i 2 1 !•,,It 1 I '—il ' 1 ' ' !`-. -,....,,„..2,,i, , I i •.-,,1!! i ."------ ----1'..._-. _ . gge i , , . .1 1 AV _, . ..., CC-7666 �.. i " 1.I 'I11 F-t_j ;.i , •1 j i i I1` _ . {{ SIT 1 it I,. [.2. I ilii. ... .. w 1 1t , is 1 3 f1 / \ I ,i 1, 2 iil / ,1 1 I r ._. i 1 I L L "6 11 ,I33 1 0 fix [I, 1' 3 I I1 J-' '_ - i c {p .j f ' ,n " !I' 1 . �� f l; I T_n, -------;--- _ _ ''',.i ::3',I','. 1 t', = ' to s 1 r i cs S 1 t ` {mom I 'f m` III I i o� iI Iii; i r i ,..,o —il a°1 i Yt I y7-1 il 2 ,1,1 m .nn 1OyS� n" ,� 1`'i I I ' p SEE DRAWING 2 A x� MATCHLINE STA.0+100 ";r-r", ' " i 116 NO 'nen , . ` ' \ ` s i { \\\' ✓✓I —.- 1 � 1 ti' 'LL 1,',i!,..„.z.. _... CC-7667 SEE DRAWING 1 • MATCHLINE STA.0+100 'WIViiri,' � ��•` -i � { s 1 , I: 3 11 " ' " 1 • il t 1 i ii '— —— 34 i. _�_) 7. ,j c{ -----1 1 -A I ; c 11 j I^ Ii. • f 'i Ii b J -A !, \1 '1'1 1 k,ii.4,„ I C1 S .1 a ` 11. 11 • :a 44.. I m c i A I til '1 I ;i _ ---- o it z a n ! 2 a o .A } � I y Z 741' I n -a , 7 7 ! tj� t5 I " it I. __-----1-------71 �_1•.'. :-l' . I y i y ;it,,,,,, 4iiM1 ! ,.`! 7j i O 'J tt'] r--1 •.„-, x u r l I ' -- __ _. _ --__..__ — 1___- :—.,.. 1I_ti ,1 PBD-2014-41 Niagaraaalls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-41 Matters Arising from Municipal Heritage Committee Update of Designating By-laws - City Owned Properties RECOMMENDATION That Council pass the updated Designating By-laws that are listed on tonight's agenda for the following properties: • 5810 Ferry Street, Lundy's Lane History Museum • 6137 Lundy's Lane, Battle Ground Hotel Museum • Cummington Square • 8196 Cummington Square W., Chippawa Town Hall • Copper Beech Tree, Lundy's Lane • Stamford Green, Portage Road • Stamford White Oak Tree • 11211 Sodom Road, Willoughby Town Hall • 5017 Victoria Avenue, Former Carnegie Library • 5049 Victoria Avenue, Former Armoury EXECUTIVE SUMMARY In order to assist with the preservation of the heritage of the City, the designating by-laws for all properties designated under the Ontario Heritage Act are being updated. The updates relate to the legal descriptions and also the heritage attributes that in many cases were vague and incomplete. Many of the properties were originally designated prior to the 2005 update to the Ontario Heritage Act which included Regulation 9/06, Criteria for Designation. There have been changes in terminology and language in the Heritage Act and this update is reflective of these changes. These draft by-laws were reviewed by Planning & Building staff. ANALYSIS/RATIONALE The purpose of amending and updating the by-laws is to update the terminology and legal descriptions of each property. The by-laws also assist by guiding any future restoration by specifically outlining the heritage attributes that contribute to the heritage value and interest of the property. The update was also done in part to assist the Property Standards Officers when dealing with heritage properties insofar as heritage attributes are now better described. August 12, 2014 - 2 - PBD-2014-41 Each of the draft by-laws were reviewed by staff in the Planning & Building divisions. Accordingly, staff recommend that Council pass the by-laws. LIST OF 1\T I fr .#11i- IVIILi'1TS Appendix 1 - Photograph for each property Recommended by: Alex Heriovitch, Director of Planning, Building & Development Respectfully submitted: -,/s Y Ken Todd, Chief Administrative Officer P Boyle mb Attach. S:\PDR\2014\PBD-2014-41, Matters Arising from MHC wpd : � "ate � � ,,. k s APPENDIX 1 . .. .., ..„ ;‘,.... -• , . .,, , ..., ‘,.. J..„ , ,L ... . .. . . " ,,,,, a ' , . ., !.,. ..,. . .,. „* . , ...-;!'•-14,. :• � , 7 •- -' . 'f*:-•!!!;.i.... `,-. .,,- iii ,. .,, ,,,,...,, .;, A • s s ' ' - :� 'N_' , x low t 7F : �`: -t r As f- . A i - x wn►sfr t xt �'• �i 4;t".;:k.';i*:-:111?'4...'7, L.:„.)! •.,11. ..„. i....47Yt',,::..:,.. -"';4' ,,$..': j& tallilik, ',' '1, 'I ...:''.''''' 'L... ''''''''': ."' .,,,. .... kt.,.. .:T. :-.,,''': r ii ',Ag:miii-.17+= ,300.010.4.'M'W. '...• . ''''''+'°' ''''' ' ' '..51"""`k kflil . ''::'.1'''',,I.r.4.:,i,1'...4, 114,,,,t7.14,11...,,,,,,,,,,,,,,,i1,,:ri, ...,.1,, , :4' ' ,,6:4 ,''';'411..,,,, , ie. :00.....),,.744:, ,...,,:,4: ,,,201A.,,,,cH„ , .,,,,,,,:::, .... , _ c.d.. -4 '- - - 4,-..,4 - - t A A A 1,„ Rig „......... .. .. „. ...:: .,.......„,_ , . . .,..4„,,.,,,.,,.,,,_.„ ,„....„,„, ,,,„ ..,,.. ..,,„;.,. .„ ,,, ,,, ,,,,,,,,... , , ,-, .. , ,.„....,,,..,,,, ...P ..;..71'...i:oft4.11.:V/1/.., itio,ar :' .„ ::14,;,41;iti.;10," ..,: „,m,...„„„,,,,,mk.1.41' ...! •.1r„11 .f' - 5,.. i. K, } •.J. ,, 4,• J/ J YAT' ) � i { ..'� •N� W 4� C'.i..'2,. .in 9 ''' ' s,,1 jlei, a;,1. .. .' ;000" , ..-',.' ';:f .. , - , ..'. '-i-,or" ,-:,, ' !-. , '.,4' •,-...0;„14., - y/ i .,': ' rAit: ' ,' ..,, i i -:' ',.-.:7"-. 4•4,,,,VIrt-c4,4*.. 1,)'-- , , '''''. : t .t. ,''' ' �`�� 1. - oxo €' % "14Jv ,i re • �1� .1.4,„t • 1}"S T� - t y.. •"t "� f�A . r ;%` 1 -# .,..z... .1....‘. ... .,.... .. ..,,,, P .te51RYSTREET . w ' 4,„ ,. irk by ' .'""' P.:7''-.44-.11'.1?4*4:::4r, t i :-.1..."-''''"Ii* ' .'''''''*.-'.. ' . it ' , i Com . .......,••°'''' ";.°°":".'.'ix,1 r t % • .ow,. er Sr ! .:4,.., ,,„,..,,,:,, ,, 1 `*"` ..,..„_ cP .„.:,. T.i d4 r tiiy „� '* ''''':•'-'••!' ':• ••!' • ` ' I 13 ..,.,. '.ems= *"""*"'',:=7.'",., 4V 4 ' �t b''.17,1:-...i. { i9ler 'mow.' s Y� 4,-.,:,*,' �� fit E al , r �. a a. t.*: { f f . •t 1• `� Y' r 7 5 1 1111. � ka.A ,"z . : it I , �'� � -1--"".-7-7917(-%-*-.. fFt Y �i y y� ks !,,,,,I.- .. �z s t rim...,LI _ ....., , 11" \ .. . ,.,.„:. .... . .. .• . i� �.'bwr �l ! �,t... i \ ilk �7 ? y sb• .} :� . • T. t1� a* ... . . 1 it, t � } ac • i i Iti *� �CCr ' L_ -,..4.c.... y-� tit + Sf4 (j ..,,,,p‘4":"'"`4.-1,1N xs UV t '^�,yWy La .0 • ,y'. 7,4 as. . .'tt • ‘',.c.4,1 ..� • �,� �� -)7. ,i,„,it ..,fie ,' S j � _ yA S +4 ; h. 1. % YNot •1 1,f 1 •- ... if '"'b?•• 1`.,1 ,M .1'1 t'" 'rte.,. • l Jri -;,..4,',4.,....3r---:-'1 . • i3' , rr rr tears r t r'114::' „S. .s`S +ems • •'�. ":."+m. " 1 c^^ , 12AA r i '.: • A y '! %;-`t„ .rte 1 j( i.. + ',_.. J P 3 f �> x ' R } !' � y1..;..r..0 4.,... 'x k y^� ' �,T n Y, <5 tp �` q f `.°4 5 a��' '- r �,,, , �.. kelt - ## . ." a } ♦ •'�'T Y, v� J MIM , ,.. .'+ .% may.. a ,,,,,..,,,.,..• :..).:. •. : � . :� . X137 LUNDY'S LANE ,,,.�� y�s ; •t ef ! k m 4 y : ,.. a}7 f rt n If i'.....---7''''-' � � � ti 1 mo3 / P F,( ' . •rb` ,.. .. i ## 5 ....' _I k 1. it . : 4.. , 1, e,' M 4 y y.,,.,, . . : . } gg m w. :ice ,r+ i*. .� .. 4A g r*.......*.-- ,.,. . 1 . If.:- ,-,'• ,. ''''.ift!I:;:ti '''' 1. ' 11 ' . • ' • ., ,, .. , .. . '---7.,.,::::::::....7,1,;,...i;44,,ki.IT?:it'*lt,,,,-,,,:,,,i1...';.i,..1,c,".1:V: i•. 41.0.1.4!. .:.' .i.• i - , , : „'.': ,,;,, •i.,..".... .t;74,'.1' N" 411151 ' I. ---":•-•"' --,'-..' ... . - ...•,::;,4. .•i - iiiii t, ..,..4 tiii '-,'..,,,, ,•••i-g..•,),wirl., ... . ., t.;-.- •,,, .-i•.: .. - ff••;:':' ,•;!.. ----77', , -.7.. -,;.' . i ' t — I-- • • j1 .- ..„- . -. ; , • E.;•, :3:!,. —... - , . , . • , ... , , , ' 1 -41.,,.--1",. . „.,. „, , , .. 4 ' :. . .. .:,.,,, ...t,... It. f -..•„,.i.,,,,,....,:,e.......,-.,,•,,, ;.-.,,... ,,,:i. ,.: . ., .,.,,, ,..,,,,.,.„.,:„... • . 11„,....,..41.4.•,-„.,...,.t.. .1,....,.. .:- r ..:,t-.,: t. ' 1.-!,411*" 'ii. ' ;,'''21•;:::..i.":1Z,licti,A:':'..-2,,;,:,: t, 4:' '''. —- ' il ,fr!'''. es 1 r- ,„.714....ti•,,,,., - - . . ..„ .1 • _. . ...II •: t -• • -,--,1,;„:„...„...... ..,.•., r... .:.c.:.,:-.,, --, • .. . -. 1.: :.. .':, - ' -",-- - - .,,,.-.: ••,. p- t,.•.,,,,,7.4. ..---. ,. . : ..--,:•,, ..#7..42b•-;•--i,,•'•.- ---. .„.' -. -- 11:, ...• 4 I, --—::-:I.-:::" :4Vtlt.t.:j.q 4.,, .• -t,,,,,,,,,,,., ,,,,,,, ,•,1,!., ••• t;, -4.0,,,,;,. ,:::- • ,....:.;; • •-• ' ,,A ....:''''. ., ------., I', • . — '•-, ,,,,,,,,,f,,,K• 1 r.; . ' . • i• , .4ir 0 *In..'' 414.— - - ' ..'+1,.qi'..'„,',..,:•:iq ' 111'' ill / ' '.'..',i':]':', .,:*:4''*it,1:::'''''''', ' ‘::.'- ':,,• 1.,:tt:::,f,, ..,::::''t''. 4E.. . :,•,,i'.,• . •''.' •••fi ,•,,' f•'•' - / * : •:•••:.',,,,i,,*.,i ."..,i.„A.•••...;,,, ' ;": ,•,,.,.' •.....:.;•.41.1.-_,'"4-"F•"--;-,•/,•• '.-", • •. • , , ,,„',.',".•::::i?...4',.•1* % ' i, ..„...,.. -.. 1 \ 4-- . 4 . ....,.., , .. ., .., ......... 4' c' , •-,, :: . ; • ; ,,,••.f.:•,-, •,„•:, -- 'Ilt .:_4', ,„ ; ; -:,:- •,„',v;pt-••••:,--;:;, • -k•• .,.4.. .".'..,„..----,-7,77.7,;,- :. •..'..„' ''',. .., ';•';'''' ' '''''''' 1111' ; - ,, -- •• ,,,,,,:. - ......„...,,,,k-,,- " t "; „,;:••••.,;,,4:14.f1.1.:' ; - •.,- - „ :i••,.....,,; ,„7.,,,,,4,-.,,;;.,.„:„ ,;.;:i.,•,•„,-,,;y4i.:::;-,.':-Ii.,*-,• .,.;,..,::.: , , i,t•,•4-, -„,; •••; -.; -. .":;t"„-•,•:::":,- ;;..„.4,I r••-,• ..,:i.:• ' '..-F.'2.4r"'F':•• • •'-• ' '' -""''•';,•.;•4.4 t: :figk.A...',.:.''..:,•. ;.4,, ,i*:",.:. = '.,A.:,`;',11(•1:141,41(..4,r,-,;':,x,-;'.:.:..;;:,..:.:.1,:: :!:', ' '---::.:' ,,,•:`''' 7'' ',$. ,: , ,•.''' !:. ft •—.4'1''k`,,'",1.171.,•:.4;r#1,,,.:'; :,'',.. .':,''..•::: •.::',' °.',•....:.:-=',,Dr", ::.; ::::: ',4,r•,',.',;,' ;',:'`'‘',•`.11.,' ' • ,..•,,.,:k:7,,,44. 1',.. '...:',.,‘',.,.., - ,:,,.....,'y :1, , ...-.1,,,,';•',•,::,,,..„, ,''.4;,Yr,,.....•:.',;...::t.-,EA -',.-;!....i'.'°_,."-,.'1,1,,A,..,.:1,•.4 t•F$•••!'•':'. ••' -', .F:•'"'".,;•"41 .1'i '.•.',K,......;;;k'Yr,F.,A- 1,,,,:ik.t.,••,;"4,';',,,,-.'4,,ti,, — ''' . *•.'*"'''..'i•fi•••0:''' '....,..''' •F, . •••;'• .-,t--.''''..i tc•.',':•:•'..i,i••.'''''•1:F••'''•!' ' ,'''-f...,.•'-'.,0•';',;! ' . .' ••;"'—:''''':';,i'':.:: ' '''!••'r it'.4:'..,A;•:..Uri tr.- i,l'.',,.::':1:':••'''•*:`'1.,'.:;'-'1:::71,..a.I'''. •.`7.'!!: :",C''''' .;-;'f'-' . ' ,:.,, -,;;.'2,1";,4,,lti..'.t. *,1;if:*.'0,A.;:‘,t,,,.,..7.t,:,.4t.A‘;, .:1 ',,1.. .."':,IiP''.... '7'.4'''':7,,..... ,„:::,:t.-• '::''''`"':`,2--„. '=.---''--r ,..„.,..,::,' — .-. , ,.:,,,i,,,i;!,:eff..;,!,,,,•,. 'itir't 0,r..24.:14c.i;: fr.-6...•,. •''' --ii.i.i.....ii .:-,,•-:-.:. i,ri.?, _...._........_ ( e' ';• , n '.::(,:';',4,047,-; •, .• .•„?..,4,11;..,,A•.•.;‘ , a...N..7! . , , ",••,,.-„, . ci ....,,,,,.1 .:',,,:.4.0 I ItH‘:14.4,'It. ... '' .....:::,;i:ij...44. ,..',::• .,, 14.:, '• . , :, ki,...„-. 5- ;;-'7,::.,-,-.7:) Z.. ,,7,,,,,0„,,,Itp/,*.„:;;"-tm.;,•.;•., ,.., - ',.-.4";',4*.°---i.'-,?4,,t,•••' i "'•••-'"','' -';'.. • .-;. `....- tit,..alt.::ge,:::....k.'".'„' • . '::'•fr.:'''.,"?.:0,,r,*7.:•t.iiii : ,,,•',.''-' , , • '., .. ,:;;:r7;.:,:.....:,??....,.„. ...,,,,•,14,:),-1.:.:-',..•,,,,,;•;,,, ,.. :, + ilitt9mRtt-e,"1+*: '••,•,: - ,,, • - ' ....,• • ;• . -:•,:',4::$5,4,:,•:,,,, , ,-.,:,..„,,,,,i•,,-,,..4.4.:•:o•t,•'. • i ltii,4 •.• .'i ' i', :*--!...11i;::.4.1:':':t.Wi :ft • A.i'+; ,:ti...,,cv•sii,'•.,,ii.t's,i1-v-,;','.7.J2t:: '.''''14:44. '"t '' ' ''''...', ""•,••:'•!'•-•'"- 17-.:. \ ,:,,.....,-:•.....A.,-,:..t...7,:,,,,,;t„;,. y.... ..6, .,,,,',,i.‘:;..!.-;...i:‘.....,::,,,,,.iiii*A.444't 47 : .... ;.•f t:':':. l'‘44....:.,::::',. i. . - , . (14,.;,,...-..;;.,..1::;', .,. ::1In'7,.:. .,.?..!..t,k,', ‘'...;. f.:'.• ..:,-...,.'::..:;t:',..0.::4-:',ii!'.:i-Ik‘-...,'':',',--1•'-•' ;;••,. ''i ' ;11•;',*-I-'';•" ; '' .;; -''tW.'•• •,i-?. ., . ..- ;,„,; :-,',-i:1 -.:;/:;;;',,,:,.•••••.-'t a"::,,,,k,, ' ; ;"";*•••.",•k• :; - s4 . •' :, .:4,11;.,3,, ':'i;.:,'„:;'..,'',A,'.,Z;t:.:„,, \ v . 1', „,•••'•'‘.1,,•!•:.: i.',. ;i',.,,..!,,;:,,,,.,ti 4 ., ,.;,... 't .• "•:„•,A,, .' .: -- , ; •-;;-,•,,,,,:,,,;, .'•*••'.7••• 7*Nt,:i;4',.,::•.,',..,,,.;,!.., :,. \ t*''—1 ,,.., •• F•,.. 1. 4,• : ••• i -r.,...--',. ''..i.v- • . . .••1*F'',...",',,:t4t1.• -,...!,,,:;. . 4,,,,,•,.,•,•.••:: . ''' ." • F.:.t,,•• ' '''.'''•-••,', '';';',":"I•'Fi.:.!,,,.",','•F‘'., ,• -,,,. . „.: •;-'•t :;'&•.'-'; •'-,' „'. ; ,".:;„••-•••,...-,:,::„,' „P'•-• ,:•.;;!:-\.-•`•;--'-'..4:;•. '-'• . „. ;. ; - ',, ;roe:,-:„Iiii!„,• ,,,:';,:A".,-..- •'-,:'; , .- / , . ,,,,,, . !.„, „ ' . ..„ ,,,, ---. ' '' . -,-.,ik:•.;iihio.':.'••,;.,Y1 --, ,, •-ft."--,-;„•,":,...*;;;;,!;•tr•-•.";'-..; T .;: f;••::-..„..,- ,•• _ .,„„,,,,. •-.„„:. -•-"'. ; - - • . 1,•',•,,;7-;if."-`;11„,•,:r•,;•4 .t, -,;• 11:, ,4 v. . •-;-,:, . • - - , ,..- 1.,:: ...-4,-,-,p , -- .,-''"'' I.. • '•. .. ..—- , :,. • - . ' .' •-•••k`'.- 1, I;:.!.....-,..'t.,;,-r:-.4.'"".`,t.a,'.., -', ' '.'•.:.f''''''.:.V7';,,,',‘i't::::, ,,:,i .../r '%j ',,,,.,:,;:1,.*Afl:- ,tvi.,•;',..•:-7,)41341;A-ti, ..:' ...', ; % * '. i' -:' 1 :'''':'•-•1`'''',!1•1—.1''',.:!t•i*.'i ' $ .. . • , : ' :- ' 44.: -•,;, . .,..,-.„, „ •.: .. • • .:„...:.. ,,,. .. i. . .. ....•••,..-:•7,,,,,%,,i„:„::t.;,,fflit ..., • ,. . ,.. . ,: ., • ' ...i, ' `. -1''.• '.:,. ,+'t.'.?.,+.':IF'.:1:4:1"ii;:.:':,,ili i t.,. (.,:.7,,,•;',.. (pat 11 • '.:f•A t,- • ..., ': :•.••.-.1 Pvtv. : , '';''.?::••.:1;••.;; •:::13%t!'-',‘ A-;•,•••••.- .'•••,' . ,,1•14:::. -,,• . "- ---1- -,:;.:,-•:-,4,4;.4,,i,-,,,,;;;(., 't,i1.. - •; t f, , , p . . . ' --;•..-14•':•;11';•,',:i4;',.',.;',0•';-;-;, „:•.';4!"-..; ;•.'"'.;;:'--z;;;;-;,:zr --;v9.;'41;•.:=7tiii--.;•. ' :*•et---,•:;.,,',:,,,-,,--,4....44:1- ''. - , -,.,,.,,,,,t•••:.•," ,, ...,,,,i.,••',-,,, ' .,,, ",....,•,,,,..,,.,.., . ., . , n a •. - '. . 8196 CUMmINGTON SQUARE WEST . , , , ••:'• .'.!: / ,,V.1', . .et'. d ':, '..i. ' ' •';.,4,..‘:• IT., ,, • • '•• ..-3,,.'-., ,,,„fii•'••• : •'.':;:i•S',',:i- • ',, ''•• ' •',,':..., •,,oci•:•-,,, ,,,..y:', - ,i i,:,•,-• go',,,,,',A, ',- ; ' •',,`--,,:f--..• , ---:: •',-- • ',.. .•,,. .. A,i, .,c,,.r,•;,,. - ': '.• • •• ,, , ,f',,- ', , v -.,,,-• ,,,, ,,A„., . -- •,.If .•-. -.;,/,;Ae,';.-: 1-.' -.-,.. - -..,4,.. ."t ',.. t' - ../' -, ; .„,,-1 ) ,• 1•-,#;; ...:;-•,:,, .----, rr-i.., . . ,, •••„."-„, , ;'..,-„, -s,--_ --„; :: -:.-..„,i)'4t•-'- -. ,- , 4 7 '-.1,•.'41. . 4' \ :;„ •• 4 '*•!•jt 1,, '. - '. t''' "'•'.41.-• .:-.t.' * A /- '... .„,:..A..-,,,,k, . ';•• ',V• '..) ' '';';'1 •' 4 -V ,. ...::...*.':1''4,\„.7..,,,,:k,,;-,.'.A,...,,‘,-,,--"\,.,-%.....•,','',.)'•.- \, \ ' • • .4i. 1 . ',.'', •',:•-"/-i f•I',..,,.i!l.‘,'.:'tf%'"."1,i- -,.,;.'.,;;•.'. ',4-.1.1-: A'.'f•.':...' ,4.lli'.oi..,.fc:.',--47i-0i.ii1...,1.111':$t!o4K-i:1'.1r"4'4tt4%h4.I°i11r'..:I:1;v.,/.i-.o,'."b.1r1• / .0 -r10'0 ',. .,.. - ''.,or,,,.:.,. - \ I '1.' i ' ... ' ''''• \, .-..,,.' - .,/ '.k....' 4.'. i ' ''''-,,,. . Pr W .. lre . 7.' .", •-• ..-; ' .".",,,i...,,N•... '•,•; \„ , -*‘k : ' ' -,,•,, •,,,;..,!,,", k,„ ,A.;,--I. ii,. -., .., • i\ ,. .s ,- • _,,,A,..-.„..... if t * `' - - •:-'''''. 4 . '/-f4.''‘'--.-• -:-2.1 \-.•.'-‘tt• ' I • 4 k ''...i''''..-e 4-:' 1., .. ' . .r '''''''' ' - ' 'ii,% ''''' ' • ' . . 1 'A. "-"T P A r 'Ai ".• I • , . 3 i .., ''',..7--,,7 4*, t .• &fit r., , ..,i IF,' .1,•7.' -,,c'I\.. .:,-21,-4 . • . ,..., t\.'A• '...._ 'I '. • '..' ' .i%' ',... 'p A .4 • .. ' t',. :-/ : ' •,' ''.-..t.-,4"•44*•#.4--,ir .."... "!Ar • . • ".• „.-,..--,." -% •;-, .8, ,.. ... , , ,,,,,,,,„,. . .,..4 i tk,.. , 1,,.. . ., 1 •' t IV7" 4' , -'''''.• # let • • ., . .44 „-,,-,2•..., ...: . ,1'•! ,!•,•••''..,,,,„ , ' L i 41, ! i r4i-s.,_. '',ft**, t i' - ir - ik. ...,,,,, ,.. . .,., i. . ,. ..„ .....„ . ,i .,„,,.., ,. .. .. .-,%., , ,.......„ .. .4 1 ,Ave ; .t. -:•• • 111 0 * .. . '-:,'"•-•--•-,• •-*-,..'‘(\,4'4,1::Z. ii! '. t'0 - •: Nt"43. ililik 46,;,.1A 4; .'-* . '. - ' 4'.- . --,•:.:.t.'-•-i-" -';:;(;-/.10ii-4',-0011P%'. -''''''-t",'''''..."----• :,,.` 7,,.',.‘,4,Aii,. .‘it it`‘. .‘A 4 v..;,,lik, • ,.,.... •:: ,, I.i. ...i , • . .7.........4:t.--,-•-:::1-,54,*--,APP-, -`;'' '7. ' ----.L. ' •,.' ',"-IW.Nikk.:-;'''tts.- i‘lti ,- .40... ;`,,1.01t, ,,,,,*414,.--.1•. ,,,.?)-46-,zot•F•41,-;,,..4.4 .21. .14. T . 071r. iik r4 '.. ,.*.I. ,.i-,,,E2g../- . .1111. `,.:,1 7*.e.'"-. , tirA. ..17:,;.; - '.- 'lit;•C‘IF,441k.:44';'' '''• *,,jr a a i ,•-:; : ,0„. ...., ,. ..,4w. • •-•,,,, ,-,N* %... 7."10., .... '111i .., 4•,; , 4 1 lir;4 ..- '7 •-- Y`..lkiNk A. • i wiik vi: „: ilipi, -.,. ,.., 11.--.- :.. - - s ....... ..,. -,.-• - . x.--. •••'.k '.' • )p,,i*`' * *• ' • -•.• •' , • ' -4414r. db . . - • .k,i; ''''-,,,k- '44t,••••."16- 4''),• \i, r. ' ,.. .,_ft- :.-. : 4,1.„ . --,,, .6,1,,,,, .., ...,, _ ...7‘,, 4 i Ai ._„„iiit, . t,,, 0 , go.,..! - -sr 'N-• . -...!%- .., --• ---1* • \ ,, A 1..... ', ,, ii,7 ik . : rAl Ar -, ii, , . .,,,-,--:,-, . . N.' ' 4W/.4. '1, 47 • _.• . ..,,,- it • 1111ii, o&--...46-1.4 ow cir . 0 0, ... .. -. , ,7 _•,., -, ..._ . .....7.4,4\ . „.., .4,,,, ' ',,,, I: -. . y, • .• 1, 4. , '4f„ P ..' , ' - .,,. :- A _ - , .. .....„-..,.. ,....„....,_._ . .„,,_ _ . . .-,... , -.. „,,. No. Imp. , 'Ilb _,AFT, -lit,-,-4, ' , ,, ! ". .! `,, ',ijp ir i• _ ,,,- . •:. .,,, .,,,,, so, - ''. 4' .:1'..i• / ---- .040044,„„„...0,14. ihomi........„ i1/4 .--,„,..„ ill-I...,.4440, , ._ . ' •'', i -. I. ‘.....-e-,„*. .. ; 41, -- . ' 1,„ 4. i • --li ,, , -i .gt - ... . 7mIlkiatio. .------\' 1L-..,:,•• - - .1 **•*.N. . %II°. , el liN \\')'t' • - : N.. . .„„,... .... ...,,..:,* . N . ...,,, . . .. . 4 . , _ :- . • . ...idllk • ,...- • , k ..: ‘. .'"' -144S, • Ii '..... ' .--"""-•"4,' 1 ... all oirk. . \ ,' ,-- .. IN , - 14 141.,..‘1. . . k 116„ , . , .... k .; . '. -- . 4111.. ' ,lib 0 '.. I. •-"- ..' 444kik.,_ ,g46, A ., . • . - -4.- , A 'I" • .. . ,. '. .4, • ,/' ' .-..---:. '. *- '''44... -- 'N.''' '. 4'•*--4", 41 4:•'--. ''4.;A 1 ' •`'. • '''. f ' '44 , . A 7 " • ...„ _ ---, ---:_7-----N, -------..„,...,4 - . , ...-4 , . , .,... . , .....-. , . 2, . „:„. ..,...„ ........._..... , „ ,,, -,,,,kt ., • ifr ip ..e ,..,:f.: • 'EP.... • 1 . -- .... t 4S' Aimallw.. .41 , , , , ,s, •1.1 , li, -* 1 ss: 4e„4 . . 411 P • 4 it i / . * . ,......_ .-4.0.--lit- .. .- .....%,... --.......,-. ...... .. .... ,.. . .. ,. .-- - ,, , .. _ . . ,- ,,.,,%•.,,,;:it .....,-.7,; •;200. ., - . !,---. •_. . . • ,,,_.:;,.... , _ _..w„...,17.,,,,,v.3-• ,-.,..-z., . .....4t,wiznydr; .:. ,.. ,;;;... . ...... _. _ . ' lit .4: ' ' '#1!IIOVV1:141. • ,;4'.4' . . ', . , - • '--..,:vdere- „..---,,atililleism.,,,,agesa • . . -,.., . . ..-•- ef4 . -* •-• ..#' r. ''• - •- . -. . _ ; • . , * . _ ... a ... . . I „......M :,.,..„..,, ,,,,,,„, , .••••N... - •- 41* •-,f" " . •. 11111! ii''"1"*.- 44 *. • • !';-, . . ..P 4; ,.•;•,, .' ' , Pk.* ..• . ., • .., 4.4 • .......-....... ..,... . ' 1'44- ' ''''''''',:•.; • .0 4'4 • i'I o 1, * . '.-.4.•' ' /ii.• is,i ..,•:".•".. . ' ., ii ii-, '.:.;..74.4,,,,,., .''.; •,.I4 , .-41 ,, -.., ,... • ' r• '- • ' -', ' --.-.7'••• •.441,•• , • ... '• -.' . - •,. • i•- - --77k :•,..,..7..-„'.-=-7Z..771....-,.. - ' r......:...-t" -.7.4.,-,-.1.- •4 ' '''7?,*C"••4c,• '''' -1st - - " 7 i• •.". •• ,r - '4•4-••'' ''''''I-.1/4.1." rt;.r.:*;k•'''''''' ''''/.4.-- '7.'''.."7"Ft'' '4*'-:' - - -'• _4-- '''!...'''''...-1;4.' ' ' . ;- ' I, "-'t:••••-.4.....',... -'‘!4".'''''. '-•.'''''''"''''-;"--;:,''',;":"'";''"1.'"r'"; 4.4.'!",;;;.'":',,,'. 4-....,;, , • „, , ,• -• . . . . , • „I.,- , ',.."'4°N.:*-1, , ^ .....'. ',.•,.., ' - ,_Air, 4,-%,'.,:.'"'",... •,,,,..•-•,,''';',4,'•• .:."-•',,!....,5:, *--,,,:"%".,:..,,,'-'''. -,t„ :; , , ', .,: .,,,.„,,,,i,:...!,,,,,, ,''' eh-,. 7,:4:4,4:41.--4,r(),-i.e. '-ag.• -*"11.••• - •...,,, -•At.,0 ...:**,-.41.-•: • •, „ ' .;•...,..il' .;',.-.,'.**--,,,`,., '' ''''',7'4,4*:41" ,.,./1'''` '0-?" ". - '‘4'.. ,„ ' •-'.. ,..4,. ' , #'.••-• 4.„,''''''''-'..k- % .... '."*..4.7.-44,, .,:'4,,,,--,,, t".•••• "t,,-.'-'---4 .,. • „,,,,,,.,„..i. - ,• 4 ,,,,:mai- ,.'` 4.44 "" "• - "" '''''' --1'%.r,04.#-• --' '- - ' '1•&:","'..•i•-•-, - , .46.• , 0.,.• • 4 ' '441k4.'''''"--"* `'.:-..:., .4. -.1t I. '' '-' ,-.' ,'- .,..,..:.',' `•;alot ', J.,". NI* 1k004'. , 44 ...,,,,,,,,&,- - 1-.4 i 4 , /"44,„*".7.1.. , • - 6110 LuNDyis LANE .;.,.., . , ...„. , • , . ....- .. . - ` ' S,'-, ' ' ','...` ‘.VI i W,',',,. '""k. ,, %1,.,,p,.. ...,,,. ..„; . , .r ,....,,,,,,,,„.,........:.„. .,....„..,.....,...„...,..„...„..,,,,,,..„...,.....„,,,:,.„.;..,,:.,,,„,,,,, , ... . ., , ,, , .„,.;„,,,,......f.v.,,,.,.. , ,,, ...„...., . ..... ,:. , ,, ;:, . ,,,„„, ,,,..„. ..,.,„„::....,..4.0,,,,,..,...„.:,„.„,„.,,..„,...,...,....,„..,,,,,,,„„,,„;.,,, „„.„ - „„,,.....%--,,,,,.7-0 tvAorgi.N.,,,,,.„,,,-41, . , , .. ,.„0„,„2„...,,,,,,,...... ..„,---... ......_„,,-. „.„--,,,,,,..„,„„.,,,,,„,„2„,.„,...,....., . . , ,...,, ,..„,,,,,,,,,.. .: ,, .. ,...-.,,,.......,.. .,,,, .:„. .. .,,,;, ..„...,...,. ....., „.,..„ „, ... .41.,,,o;.e!,:vol. „ "2'-'. : - - ' 'N ' ' . 441114‘;'; 40.1'. ,..' .'''4't.°1#4.%'''''ailliZAt of--,pi;• ''./it2 •'... 'A ' 'A,...., ,„ .,'-'74., ,,-4_,1,,,,,,,,-,,,-- 1.. ...41L, ._, , ,,,,,,. II.,ft.""-A 1,'"' ) %,:itttRriikti Al '."., ,,. ' F.:...''... :OP 1 0,,,,,,nr,.,.4„;...:,,.4,....:...'6",-.1,-.4T-:...,,14,1 - A" 0. ,.... ,":, ,-.*,...Silo\ pitp ...,;:oro.o.:7: 1;4:oartio,:".24,it,: ,1„. -,-',,,,e,Alt.5,.' *i.-iki,,,,e, ... . ,..:::._ :--;',,,,,,,,,,, Mt ' A.'44,414/ ,3).* ill .i,-.77'. .77t:7..- -t-'7.7-,,,,,77-...Z:7%".'';',',Zf.,'',i,,,t,,,.., , , low.. . _..,,iit: ' ,zi...... — : ..-. ...7.-..k. - T.-- :":7 Illepr ik. tlilish, 411.44:etwimeo. . 1,., s lor ..,..: . ._77,,(.. _. ,:.: .:i..:4,,,?rie::34.....1.:,..., I,v.p,,,-,..i.t%..;:..,.,;t;,:'...±:.•:.. „ tiller .....1.....Si' . 144116 ., drA, 1•4-...4. ir A - f _ , . . • • �` .• . 4' °• .^ � . '�. • ' , wH ,, ,,.„..,. . , sTAm ,,,,, •-1,,-- A.4- FoR D ITE OAK TREE ^ ' s , r • ,_ ,�:,' :A• , �f , ,, 'rel cof j 'Vl E ,r . 1.' z_ , a� j • r . 't f t .._._r • .. f • . d • • • ••i i l 5 iT b 1 l 4 a +x j ri%;r w;Ke t R' s�«'�'yf t •S ( .\. •• �j alta % 1 a r,tq.It,f,s4, a P • 7 ,•..,, : '. , , . . , • , 1 - ',."...'4 F,'it:4:::,.,,,,t,ti, ..'.':.-;:4:. ' .1'.: :1,.I:- , .:.i•-:'.7..,.'' 1,r:, ..t;:, ',' :-:1,..::::4 ::-.1'1' i., Ow 74: Y{ r M1fa � f • i y t}• . ' k f.` • ,' i 4 i ,t .4 i f• +. 1 • •+ f. '.�.E ,,t(j ', ,,,,•,;4...!!•,;,.-rT t 62i2PORTAGE ROAD i � tai i -.` t " .ix•$.,^ ' '", a' fin;r ; ;e. `* '' "' �. a• i • 4 jb y P y .-G ^ PY `1,14;0"ro•-•'-‘47.• '4-.1.. , µ ..3� LC• ..,/,/ter '�r � " is „pp •T"-t '{L d' .. a; • ,aid• Y y ��, � 4' •.•:,‘.',.. �• � .:-.4..,..-- g `4 '�:r`brit`._ --- NY F• yypi L, y( '...:... .._.... .tea K.: .. e • : ' c `.d'av .0 .r..yaeFcl..•e.'txri.,*.+„.?`. f • g • 'y _, ; f 'et f x s. a f fi`I a: , 4 ay „r1.; + ,w .k <m' ” � �x ' ., ' "* � yX " m :4m' tC, �_ �i 'rk"" t'''''''' 5' t ,' 17. - fsi y' ,.",4; Aau* . i At1A {sr <-• "" c a,:; MI '` * ' ; i ..,..:,:t<,. .,= y+ t4fi s' % - ,' W o :f ' t: z � '.'';'41';'‘ rk' s : '-' :: ' .4i..� d gr; ,iPr.' r e`S�' +r '14 � ! ' "Fa., o ::-.rt----.9'•"+;•'4'. x . s .c S a !Iii" -rviraseissweit-, n 'i*c - ; 9 vi + a- F^ » 1 ','. i. Y h -'a�...t;:l.":"..r • t I t-4`.."- i, L k M it g� t - it ,IV: Mtn . , .e r 1; '. ti i•1.:i! Kv +. rt a.p :,-..1 '',.'e `' RQAD11211 SODOM • fi t. , , I i . (" • .... ' *: , 4 ..... .. 4... _ ., . , ,....,. .;.,m .....,.A. , , N i 4 •".• ' T , / . . , - '..,,4..t.„.k-4,W, -i.,-„V.;,:-.:4•fr .... , ,. 1, . ,e,„„. ,,,, : 7 • ' '',..)-11A ' ' . . . t ft ci' • -i* • * •1.4-) -0' .;.-. .00.1„: ir 1 -" .. • • ' .C1`4 .,!:,,.,,, ''' , ,‘ ' ,:t;•: 't , '1';Nra';',4";g;. . , • 1' '?..t.'.. ,-- -*- , .-..„, j"..)..41a .1 t-.7 .- *-, . ' • , , 't.t,-01;-.4,* , * , -.4.k.! • ',.., 1 1 '11.1 1; '• • 110 . ' 04, , ft '. ' - -.- , .,., . t lic ";?•.i. . -tgt, ; :. Nis - • •, tz' ::\''*-.1 7-,.- -!';',12-4:";*.‘ . --- --- •Iti, -f. ' - 4 .. • = •4,.... ' :*t'''). 11, ,-1- * ••'. • . 4 • t... ....-- - ..,41/0,- _.. ,-, ,1,4';:fte: ', 144.-.7...t": 4 to#,.„, I '•, 1 h- • 4 • ..... ...,,, •.;04. e ,,,, 47,.. ... i,'::-.,,,,,,,,,,;.,,, -,:::,-,zi,:qt.:6,... • -..t, t- kic\ ,16.,.. -._ ,• ,._ -' -, -Ai& .--; .. ..*'.Y. ' ' 7- .',..,-,i...;,;1..".;,,-4.•.41"11:If-"1".$:. '' - - .- . , , ,-t• ,• , -,it ' ,i,...‘......--•••=- . tf..:7 l'' ,' ,',,, '41.,,.d.'.." -,--1:-„...v.4•-,.4.,.' - *I ,'*--..'''• • '• / 1 - . . , . -<...':"74.'''''.'1/44.''''.;., ,„-'14 til",•---„,;:::!1.4771•1 ,•''''•,l'..lit,i t. -ft. *.?'A r,`:',.,,,4 4 - ' ..1.. ii; . . 1)1.... 4,1 44 / ..... ...* il. I, * it ' 1 r ,_ , , ..,,..„...., ,,...,, 'fr....-;•t''''Y''s: 4'11'kl.".:?*x.... ,w• 1,*"..0,.•,,f.0" . / 4 is, sivis: . JJLL .1,,t1t17;141P11, 74 4 I ' f; ..f .'1 1 ,. ,44. ,,,, ,....,4, 4, .. ." ' , i; ' i 4 , / 4 ' / ,.., , 0 I, I 1 ' / - - . ' Mall 1 1 gt 1 ` . , ' 1 , -1 4. i . , . . II i • ' i I• .*- J. , ° „.„-„,,,,..,2,;', , ...ix-,,..,...• , ' ,3„..,,•,'•4,','.0-Lif., 4-1; f ; , • ,..E..--, ,1 ir....ua.'.1* . ''1,-*'''' ;..P...7.-r,t,".•"1" iz-l'e...•', I . .4.4.„( •,,,k1-.'`',.,'1,. ,3,14 -' '..' ,,,.... tv. \ t 'V ,1,1•tr„.4-4,4 i:4:1';',',.'-', ' . - ' .....i .' kl' t ..t,...,11:,:44,s .4 ... • . .. -.J.: ). ,,,../Z4,Ctgirf„. P: ;-'f.f,li•j".•,..tf;:;'-',,, \ , , . .. ---- ' 7?,:.-•;-•*,,Ici..---t-",---,. .!--s,...c.I:- 14. '-:,.. •:, ,v•-:'`',.-......,. ' ,".. -,..-;;;;-:••A'Al.'-'7:`,,fi,"1. ',. \\ ;(A . 111111Mill — . . !...••.P.:4,k' ..'!":-1 ..f,..--:',....-"4,t.'•; •,"g•r.K.,..-!". .-,,.3",,,,„: -4 1 i,.: , .;A.,.', . ''• ' j'4. 40. .t.4 ..,.. .•'."-„...it;;*,.1.•;;' t 0,t."'"c.. •4,..,,,,- -,t,r4,4' ,„,"te.-i'''-,-•.; ' . ..;." , ' ••• .- ' ,,''',.) •-L'il tS f . ,-.."`-'1 ft*".„„,..-.5 N11.4.. :`./ti f 4. Is' ' ,,, ,1.", 1.' ' 4Tit . ', .1'''''','•-i•/..--XL4 4174.4-1,,, 4, . _ . ..* Pv • 1 , , ' • 41'''-';',,'"-. ',..' ''.244 4. -.4.* =-I......p,,,,-, / s, •44,--'),..."',414c,fi.,,.;.4-4,4•4 , . •-•,1,-,t'',,,-.-... / • . ' = , ' C 1 --., _,,, 4,-#?. _..k.i,.‘,......%,71-,,,.. ..-----.- ---. - IA . I _ 5017 vICTOR AVENE „,„,„'-4 t t:14,,,. - ', 1. .4.'.',, , - :t• '-'''.:”. , •If‘,, • — • . 4 ' I ' V-'' 'at // • .,,N.t., - , t - ,-,;....' ''"'" ' CU ' ( il 1 1 1 ',-, '+, -".- • ''" , - . itli V I • .: ‘ 'Ti ," • • 4 1 '... 51.1, , . . , •,,,,,.. oh,; -i1( '- " tql '1'4 °. . 'ki ''. • rz ' t pi;isi : .., •i4• 5555 p .g t , ,,'• .;ins ifftEagito 1 ,., ,...,_ , 1 ' ..f inriaimmumws. 7.,..., ..., . 12 :: Al.a 1% ,lik.)---- ,..._.,,......,-,,,,,,, ,' • :,,-4 !• , %.*7 " - - . - -1J ., .) - .....1. • arric.,1 Illito...... -' -2' lief illilati — % • ' IA, ---- , S Y _ ibOt=1;ti It '- — -41, - , - ... — tt 1 ....# —it illikerilimossui ..., I a... .„4 aiiii Silirnilq am* :i : 1.;.'•,*+ .,...• t''' • 4 ' .•*t*.t,A.:, . * • "r.=ror..... . .:!;' 11 t Iliar t ' "" . • • I I" ' (,'1.2ti ' I t millillini I . , , -..f.:1 :il . ... nom' 1,. ..... ....„..., , --...,-„,, '0 111111171 16 t, , 4 k 66 1..tr.mwri ,.. ..-. - No Raillit , li ,.‘ tl .......- -,, - • ... ...., .., , • • . , •....-: 4 . , . • t A II Mil .'* ' •• . P,' * .- 1roma -11 1111Xt ,-,,,,,, . . - ., '- ..., ‘,, ••:,...''`. .., .., sAmmet.- 1 , 1 :- I PRI 10111 1 a IA IMP.* l , , , 4 , ty, . - \' , , 1, 1 r ( 4 - , __, , . . 'f--. , , . I A, -- , -........._ ....., ' , - ,,. 5049 VICTORIA AVENUE PBD-2014-44 Niagaraaalls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-44 DB-2014-002 Deeming By-law Application Lot 26, Plan 137 and Block 'A', Plan 59M-70 Applicant: Angela Pasquale Proposed Residential Development RECOMMENDATION That Council pass the by-law appearing on tonight's agenda to deem Lot 26, Plan 137 and Block 'A', Plan 59M-70, to no longer be within the registered plans of subdivision, to enable them to merge. EXECUTIVE SUMMARY Angela Pasquale has requested that Council pass a Deeming By-law under the Planning Act for Lot 26, Plan 137 and Block 'A', Plan 59M-70 so that they will no longer be within their respective plans of subdivision. This will allow the lands to merge and become one parcel. Once the lands are merged the applicant intends to file consent applications to divide the land into two new lots for single detached dwellings. The lands are zoned Residential Single Family (R1C) in accordance with Zoning By-law No. 79-200, which permits single detached dwellings. The applicant also intends to file minor variance applications that will facilitate the intended dwellings. The necessary deeming by-law is included in tonight's agenda. BACKGROUND Proposal Angela Pasquale has submitted a request to deem Lot 26, Plan 137 and Block `A', Plan 59M-70, to no longer be within their respective registered plans of subdivision. This will allow the lands to merge. The subject lands are located on the northeast corner of Bonnie Street and Waters Avenue. Refer to Schedule 1 for the location of the lands. The lands are zoned Residential Single Family (R1 C), in accordance with Zoning By-law No. 79-200. This zoning permits the lands to be developed for single detached dwellings. The owner wishes to create two building lots for single detached dwellings. Deeming the subject lands to no longer be within the registered plans of subdivision will allow the lands to merge. Future consent applications will be filed to allow the creation of the new desired lots. Refer to Schedule 2 for details of the future lots. August 12, 2014 - 2 - PBD-2014-44 A deeming by-law removes the special status granted to a whole lot and a block within a registered plan of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by-law would allow the legal merger of the subject lands. CITY'S STRATEGIC COMMITMENT The proposal supports Council's strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Survey Sketch Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted; Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\20141PBD-2014-44, DB-2014-002, Bonnie&Waters.wpd August 12, 2014 - 3 - PBD-201444 SCHEDULE ii • ..„ • .1 • iLly 2.014 Subject Land August 12, 2014 -4 - PBD-2014-44 SCHEDULE 2 , . I - I r--- ;E- or I I I I i") A I ...,... ,. -'-: , ....... 7.. (i) '-,\ '6 —I i,, , CI- tt ci_ ! i ' 6 _r, E 0 ( r Ti 0 )V 08 2,111SIVI)thl, I _a-• .1;Lu T - LU.0 .•• ,r 1 ,.> z :-"' LU 1— LL, • "..1-_ s, , z I ' 111 (/) CD -- ,,N1A 'S-- C3 _ ,r.,— Li j cu CIL . a', — - -- -- -- } -- til - Li W CY) 7) '1' ..- 1L01/) ),,l,r1 I _ - ‘L) Cr --A-- z 1 I 1111 A.L., ,- ......-1' .L".. --i -.,. 2, a• .L07 1 _ 1 c-3 ----:„ v,-- ,(4, r i'\ \ lo'r li \\‘', 0 ,,_ ---, -,-, \ \` \• <---, --- - - ,'-.--!,,„ — "• I'3 I ii I _ 0 ....--1 /, 1 (-,1 •i „r,,,...r9, , x 177 r LC) r•I' 1 ------7-77- -"--- z''""' .-. C`-2 '' (21-+ '',`r .-:-' ' 2-, \ I , -i. '1 1 - ' - i 1 , i 1 Z•' LL-I `,'"' •T ' - 9a /1 pi 1 1 Z • ---1---' ''•:" —1 _II- `-'1 0,-• 1 , \ ' ., , 7,. \ ' ML'LV`, : 1 1 , I I I_ Lli L. _ , .1 ,,' rT, 11 , 1-101/i1 .II,0) - 0 li ' (Z.:.1 "aflo ,..9) - 3nNanv skiaLvm ,,...,- . PBD-2014-45 Niagarafalls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-45 DOW-2014-005, 4687 Queen Street Commercial Building Grant Application Owner: 1683097 Ontario Limited Applicant: Raimondo & Associates Architects Inc. RECOMMENDATION That Council approve the Commercial Building Improvement Grant Application for 4687 Queen Street (168309. 7 Ontario Limited) subject to the owner satisfying the program requirements. EXECUTIVE SUMMARY These applications can be supported because: • the renovation will result in the provision of accessible entrance and restroom facilities; • the existing use is in conformity with the City's Official Plan and Zoning By-law; • the commercial building works comply with the City's grant program; and • the Building Improvement Grants would total $7,135 with the City contributing one half and the Region of Niagara contributing one half. The funding is provided in the 2014 Operating Budget. BACKGROUND The application has been submitted to provide barrier free improvements to the ground floor office, including a new washroom, door operations and a barrier free path of travel. In 2010 , this property received a Facade Improvement Grant in the amount of$10,000 for windows and a front door. The existing property use as a professional office building (with an architect's office) is in conformity with the City's Official Plan and Zoning By-law. Commercial Building Improvement Grant The proposed accessibility improvements have been estimated to cost $14,271. The renovations will include replacement of the door, some flooring and ceiling areas as well as some electrical and plumbing changes. The Commercial Building Improvement Grant can provide a total of 50% of the estimates or $10,000 whichever is lesser. The City and Region would each contribute $3,568 towards the $7,135 building improvement grant. August 12, 2014 -2 - PBD-2014-45 ANALYSIS The renovations requested under this application is eligible under the Commercial Building Improvement Program for the Downtown Area. Barrier free arress is a pnliry objective at both the Provincial and Local level and the renovation of this office to provide it is commended. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The funding for this request will come from the Downtown CIP Special Purposes Reserve. This reserve has been established to provided funding for the City's expenses related to non-interest loans and for qualified grants. There are sufficient funds available for the subject application. If approved, the recommended grants, of with the City's portion would equal will result in an unencumbered balance of$272,691. Pro"Property$3,568 , r i vNei�y taxes are up to date on this property. CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the area. LIST OF ATTACHMENTS ► Appendix 1 - Location Map ► Appendix 2 - Architects Plan of Interior Changes Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken'Todd, Chief Administrative Officer F Berardi:mb Attach. S:\PDR\2014\PBD-2014-45, DOW-2014-005, Commercial Building Grant,4687 Queen St wpd August 12, 2014 - 3 - PBD-2014-45 APPENDIX t. .**\ raj ulI. August 12, 2014 -4 - PBD-2014-45 APPENDIX 2 1 I i" � .f in 1) 1, il 1 II tr Q c1 _ u 4- .1.110 FI W Jl 1 W - x F- v RIw . ,I.1N `.w II <ii ° J LL c U j y n ,. n -- O C. un 1 N t ,ii, N ,, al ZQ }. ',,<, W Y '2 11 I z Ii 1 2� x.,zK 1 s.„ o -o Xi 11 O -.. -_... O r 7.4 , v .uY 1 W m . 9o' s WT W PBD-2014-46 NiagaraJq 1s August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-46 26CD-11-2014-01, Proposed Plan of Condominium (Standard) 3659 Stanley Avenue Applicant: 1671312 Ontario Ltd. c/o Chris Hawkswell Agent: Brent Larocque, The Larocque Group RECOMMENDATION 1. That the Plan of Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Chris Hawkswell has applied to divide an office/industrial building, currently under construction, into 8 units and to create a 9th unit of vacant land intended to be developed with self storage units by registering a Plan of Condominium on the lands. Planning staff recommends the application for the following reasons: • the Plan of Condominium will allow individual ownership of the units; • all applicable planning policies have been applied to the project and there are no outstanding matters that need to be addressed by further public input; and • City interests will be addressed through the fulfillment of the conditions contained in Appendix 1. August 12, 2014 -2 - PBD-2014-46 BACKGROUND Proposal The applicant proposes to register a Standard Plan of Condominium on the 1.55 hectare (3.8 acre) parcel of land known as 3659 Stanley Avenue. Refer to Schedule 1 to locate the parcel. Site plan approval was granted last year to guide the development of an 8 unit office/industrial building and a self storage complex on the lands. The building is currently under construction and the self storage complex is planned. The applicant proposes to register a Standard Condominium on the lands to permit individual ownership of the 8 office or industrial units and the self storage complex as a 9th unit. In addition 84 separate parking units are proposed to be created. The driveway and landscaped open space will be owned in common by the condominium. Schedule 2 illustrates the layout of the project. Circulation Comments • Regional Municipality of Niagara - No objections. The Region does not provide internal waste collection to industrial uses, therefore waste collection is limited to curbside pickup along Stanley Avenue. If private collection is provided instead, a warning clause should be put in to all Offers and Agreements of Purchase and Sale or Lease. A condition has been requested to this effect. • Fire Services, Enbridge, Canada Post - No objections, subject to meeting the conditions listed in Appendix 1. ANALYSIS/RATIONALE The zoning of the property was changed to a site specific Light Industrial (LI-671) zone in 2004. This zone permits the industrial/office complex that is under construction. Site plan approval was granted for the project in 2011. Building Permits have been issued and the project is proceeding in accordance with the approved plans. Paving and landscaping are still required to be completed. The City is holding a Letter of Credit (LC) to ensure compliance with the Site Plan Agreement. The LC will not be released until all the site works are completed to the City's satisfaction. The majority of the standard development issues, including land use, servicing and grading, transportation and landscaping have been addressed in previous Planning approvals (Zoning and Site Plan). Therefore, the conditions of approval are limited to the provision of a community mail box and Bell Canada services, provision of any necessary facilities and easements to Enbridge, a warning clause with respect to waste collection, and a final review to confirm zoning and site plan compliance prior to registration of the condominium. With the clearance of these conditions, the proposed condominium will meet all applicable City policies. August 12, 2014 - 3 - PBD-2014-46 Under Provincial regulations, public notice and the holding of a public meeting are not required prior to Council approving a Standard Plan of Condominium. Matters of public interest were addressed at the zoning approval stage. FINANCIAL IMPLICATIONS The proposed condominium will generate revenue through property taxes. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed condominium provides for development as envisioned by the City's Official Plan and Zoning By-law No. 79-200, as amended. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Condominium Site Pian ► Appendix 1 - Conditions of Draft Approval Recommended by: �� : Alex Herlovitch, Director of Planning, Building & Development 1 IEpv% Respectfully submitted: Ken Todd, Chief Administrative Officer ABrycemb Attach S\PDR\2014\PBD-2014-46. 26CD-11-2014-01 1671312 Ont. Ltd , Draft Plan of Condominium(Standard)wpd August 12, 2014 -4 - PBD-2014-46 SCHEDULE 1 Oratt rtd1,St CI.Pildominium File 2g.ri.(.1)- 11 -. t'''')1 -.1 .01)3 11-t 3659 Avc2m.F, • 1_01:about tAiip - July 201.1 Subject Land August 12, 2014 PBD-2014-46 SCHEDULE 2 STANLEY AVENUE r° 1- ,-1 * .....0.— 'I 4 •,1'..iH=. , ..;1 '1 V... . ,-.--,, '["1 1 ' 1 II , i [ , , 1 1 .,..,, ..,,, .',.'.d. -, ''' .: ': 0 1- 7 ,,,, t f, ,,..a. .-.,, 1 ; 1 7'x , 1 .., ,, ! , 1,,,,, '\ ';,,j; r1,,,,, 1,. ,,,;;,,,,I.,„,H \ ..,,. iX 0 ,.,‹ .1 Ox La - y, *'>< N z , . '. 'X '',.,•*'.->: ''4 x ., =..i h ,,A .[ tx ".. , •>: 0z ..,, .i. -•'.. „ ., ,, .. -_. 4• .•, I. '< , . .., ,,, ''.‘ ''','''•,\ .1, -•.•.‘.•6'Vt •'.. 0 , August 12, 2014 -6 - PBD-2014-46 APPENDIX 1 Conditions of Draft Plan Approval 1. Approval applies to the Draft Plan of Condominium prepared by The I_arocque Group, dated June 9, 2014, showing 8 units for offices, a 9' unit for a self storage facility and 84 parking units as well as common element areas for private roadways and landscaping. 2. The developer enter into a condominium agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the division of the land. The rdevelnner suibmit a Solicitor's Certificate of Ownership r th colndomini Im vrv, tV1 J VVILl 11VCALV VI ,/VVI II IJIIII✓ fol lll� IiVIIUVIIIII IIU111 land to the City Solicitor prior to the preparation of the condominium agreement. 4. The developer submit to the City all necessary drawings and information to confirm zoning and compliance with the site plan agreement. 5. That a Community Mail Box (CMB) be located adjacent to Unit No. 1, facing east, or in an alternative location if determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale, or provide an alternate means of notifying potential purchasers to the satisfaction of Canada Post if no sales office is used. 6. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a Community Mail Box (CMB), and that the developer will be responsible for officially notifying affected owners/tenants of any established easements granted to Canada Post to permit access to CMBs. 7. The developer satisfy any necessary requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, timing of construction and identification of CMBs and related works on engineering servicing drawings. 8. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, installation of gas piping and subsequent completion of landscaping, grading and paving and providing cross section and field survey information, and service and meter installation details. 9. That the following clause be placed into the condominium agreement: "If waste collection will be provided through a private contractor, the Owner shall place the following clause in all Offers and Agreements of Purchase and Sale or Lease for each unit: August 12, 2014 -7 - PBD-2014-46 Purchasers/Tenants are advised that due to the site layout, waste collection for the development will be provided by the condominium corporation through a private contractor and not the Region." 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: - Canada Post for Conditions 5, 6 and 7. - Enbridge Gas Distribution Inc. For Condition 8. PBD-2014-47 NiagaraJglls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-47 Matters Arising from Municipal Heritage Committee Repeal of Portion of Designating By-law for 6137 Lundy's Lane RECOMMENDATION That Council pass the repealing By-law that is listed on tonight's agenda for the property located at 6137 Lundy's Lane and known as the Battle Ground Hotel Museum. EXECUTIVE SUMMARY In order to complete the land transfer to the Region of Niagara, that resulted from a road widening taken by the Region, itis necessary to repeal a portion of the Designating By-law that is on title to the Battle Ground Hotel Museum at 6137 Lundy's Lane. The by-law will reflect the legal description of the property minus the road widening. As the property is designated under the Ontario Heritage Act and the subject of an easement in favour of The Ontario Heritage Trust, both the Municipal Heritage Committee and the Trust have been consulted and neither have concerns that the removal of this portion of the property will affect the Reasons for Designation of the property. ANALYSIS/RATIONALE It is proposed that a new Schedule "A" reflective of the new legal description be inserted in the Designating By-law. The new legal description results from a road widening that was taken by the Regional Municipality of Niagara for road improvements. Accordingly, staff recommend that Council pass the by-law. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: )`24(-1-4-""s"-L- Ken Todd, Chief Administrative Officer P.Boyle:mb S:\PDR\2014\PBD-2014-47, Matter Arising from MHC Repeal Portion of Designating By-law.wpd R&C-2014-11 Niagarap0 August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2014-11 2015 Pan American Torch Relay RECOMMENDATION That Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the Memorandum of Understanding (MOU) between TO2015 and the City of Niagara Falls due August 15, 2014. EXECUTIVE SUMMARY The Toronto 2015 Pan Am Torch Relay will connect communities and share the spirit of the Pan American Games across Ontario. The relay will travel through the Niagara Region June 2015 with an evening Community Celebration at Queen Victoria Park. The Parapan Torch Relay is scheduled to visit the Niagara Region early August 2015. The City of Niagara Falls and Niagara Parks Commission staff will coordinate the torch relay and Community Celebration. BACKGROUND The Pan Am torch relay will take place over 41 operating days, highlight 130 communities, travel 5,000 kilometres and visit new and existing Pan Am sport venues. Relay will involve 2,000 plus torchbearers and showcase scenic, cultural and heritage destinations. Each day the torch relay travels through a number of communities in torchbearer and convoy mode. Opening Ceremonies will take place in Toronto, July 10, 2015. Torchbearers will be selected through a public process, by sponsors and communities. Each community planning team will have the opportunity to nominate torchbearers. Community planning teams are responsible to coordinate local police, security, traffic and emergency support for the torch relay within the community and to create and promote the local celebration. August 19 9014 R2C-2014-11 ANALYSIS/RATIONALE The City of Niagara Falls is pleased to participate in the Toronto 2015 Pan Am Torch Relay and end of day Community Celebration to showcase our community and to support the 2015 Pan American games, FINANCIAL/STAFFING/LEGAL IMPLICATIONS To implement a successful Community Celebration staff requests $10,000 for the event to be included in the 2015 draft operating budget. Staff will investigate and attempt to secure event sponsors and corporate donations to reduce event expenses. CITY'S STRATEGIC COMMITMENT To promote and encourage international sporting events. A TT A!'`LI1111wiTQ h I I? '.,I IMI IY I J 1 . Toronto 2015 Pan Am/Parapan Am Memorandum of Understanding ,, , ,, 7, ./., . ../ - /, ,,,, ,,/,,,„.„, ., / % ( _ ,>.„ 'L � :,.�.Recommended by: Kathy Moldenhauer, Director of Recreation & Culture l ) : 1 Respectfully submitted: I Ken Todd, Chief Administrative Officer 0 I 25 Dockside Drive, 7th Hoar 7---; -�ORONT� � Toronto, Ontario M5.A OB5 's' '. '.on Ar;/Parc: 3 3 ,ir Q15.957.2015 X11iki toronto2o25.org July 2nd, 2014 City of Niagara Falls 4310 Queen Street, Niagara Falls,ON, L2E 5X5 Attention: Katharine Moldenhauer, Director of Recreation &Culture Department Dear Katharine: The Toronto Organizing Committee for the 2015 Pan American and Parapan American Games ("T02015") is delighted that City of Niagara Falls(the "Community")wishes to host a celebration in honour of the 2015 Pan American Torch Relay(the"Torch Relay"). The Torch Relay is designed to connect and share the Pan American Flame throughout communities in the Greater Golden Horseshoe Region,Ontario and the rest of Canada. With this fetter, T02015 is pleased to provide to the Community a copy of the standard terms and conditions which set out the requirements for the Community to host its Torch Relay celebration (the "Community Celebration"). Anticipating that the terms and conditions of the attached Schedule are acceptable to the Community, T02015 requests that the Community: 1. complete the contact information for the Community Contact in this letter in the space provided below; 2. have an authorized representative of the Community sign this letter in the space provided below;and 3. return a duly signed and completed copy of this letter to T02015 at the address noted above, attention:Otto Kamenzin, no later than August 15, 2014. By completing, signing and returning this letter(which, together with the Schedule,will constitute the Memorandum of Understanding ("MOU") between T02015 and the Community), the Community agrees to be bound by the terms and conditions set out herein. 102015 wishes to thank the Community for its interest,cooperation and support in making the Torch Relay a worthwhile and memorable experience for the Community's residents and for all Canadians. Joy f Collaboration Accountability f Results Purpose 1 Yours truly, TORONTO ORGANIZING COMMITTEE FOR THE 2015 PAN AMERICAN AND PARAPAN AMERICAN GAMES tl Per: Karn Hacker, LL.B., ICD.D Senior Vice President Human Resources and Volunteers, General Counsel and Corporate Secretary Agreed to and acknowledged by the Community this_day of , 2014. For the purposes of this MOU, the Community's authorized representative (the "Community Contact") is as follows: Name: Address: Email: CITY OF NIAGARA FALLS Per: (signature) Authorized Representative Name: Title: 2 1-02015. ..y. SCHEDULE;TERMS AND CONDITIONS 1. Definitions. 1.1 Community Planning Guide Definitions. Capitalized terms not defined in this MOU have the meanings given to them in the CPG. 1.2 Additional Definitions. In this MOU, unless something in the subject matter or context is inconsistent therewith: 1.2.1 "CPG" means Part 1 and Part 2 of the T02015 Torch Relay—Community Planning Guide and includes, for certainty, any updates or amendments thereto as may be made by TO2015 from time to time. 1.2.2 "Community Jurisdiction" means the government organization constituted as the local governing authority for the Community, including City, Municipality, Town, Village, District, Organized District, Unorganized District or such other designation or title as may be applicable. 1.2.3 "Confidential Information" means all information and data disclosed by T02015 to the Community which is identified as confidential at the time of disclosure or is reasonably identifiable as confidential, including this MOU and the CPG but excluding information which: (i) is or becomes generally available to the public other than as a result of disclosure by the Community in breach of this MOU; (ii) becomes available to the Community on a non-confidential basis from a source other than TO2015; (iii) was within the Community's possession prior to being furnished by 102015; or (iv) is required to be disclosed pursuant to the order of a court of competent jurisdiction or government authority with jurisdiction over the Community's performance of its obligations hereunder. 1.2.4 "Games" means the Pan American and Parapan American Games to be held in and around Toronto,Ontario in the summer of 2015. 2. Roles of the Parties. 2.1 T02015's Role. 102015 has the overall responsibility for staging the Torch Relay and those elements of the Torch Relay in the Community as more particularly set out in the CPG. 2.2 Community's Role. The Community agrees to deliver the Community Celebration (including, but not limited to, provide planning, advisory and operational support services for the Community Celebration), without any charge to 102015, all as more particularly set out in the CPG. The Community's and the Community Planning Team's rights and responsibilities in relation to the Community Celebration and all other aspects of the Torch Relay within the Community Jurisdiction are as set out in the CPG. The Community will, at the Community's sole expense, carry out such responsibilities as are applicable to the Community and will, through its membership and representation on the Community Planning Team and at the Community's sole expense, cause the Community Planning Team to carry out such responsibilities as are assigned to the Community Planning Team pursuant to the CPG. 3 TO 2015 2.3 Community Planning Guide. The Community acknowledges receipt of Part 1 of the CPG. The Community agrees that, notwithstanding Section 7.5 below, 102015 may, when TO2015 (in its sole discretion) considers it necessary and appropriate to do so (for example, as additional information becomes available or if Torch Relay requirements evolve or change), provide the Community with an updated and/or amended version the CPG, whereupon the Community will treat such updated and/or amended version as the CPG for all purposes of this MOU. The parties agree that if there is a conflict between a provision in this MOU and any term, condition or statement contained in the CPG, the term, condition or statement contained in the CPG shall be deemed to be amended to the extent necessary to resolve the conflict. 2.4 Cooperation and Consultation. The parties hereby acknowledge that the successful staging of the Community Celebration and all other aspects of the Torch Relay within the Community Jurisdiction shall require cooperation and consultation between them at all times and that each of them shall make every effort to keep the other fully informed as to the progress of its plans, any particular difficulties encountered by them, any changes in plans, and without restricting the foregoing, any information which might affect the obligations of the other party. However, the Community agrees that because TO2015 has the overall responsibility for staging the Torch Relay, final decisions relating to the Community Celebration and all other aspects of the Torch Relay within the Community Jurisdiction are subject to the review and prior approval of 102015. 2.5 Status Reports. At TO2015's request from time to time, the Community shall provide TO2015 with status reports regarding the performance of the Community's obligations pursuant to this MOU, and of the Community's activities in connection with the Torch Relay generally, at such intervals as 102015 may reasonably direct. Each such report shall be made up to the end of the period in respect of which it is made, shall be in a form acceptable to 102015, and shall contain such information as may be requested by TO2015 from time to time. 2.6 Special Requests. The Community acknowledges and agrees that 102015 may from time to time request the Community to carry out obligations or provide services which go beyond, or deviate from, the Community obligations and services set out in the CPG. such a request could result from a variety of circumstances, including circumstances which are unique to the Community and which are not reflected in the CPG, or circumstances which arise at a time when it is not practical (due to the exigencies of TO2015's obligations related to the Torch Relay) for T02015 to provide the Community with an updated and/or amended version the CPG in accordance with Section 2.3 above. In the event that 102015 makes any such requests, the Community will use reasonable commercial efforts to carry out the obligation or provide the services that form the subject of the request(s). 3. Community's Use of Emblem, Logo and Designation. 3.1 Licence. 102015 hereby grants to the Community a non-exclusive, non-transferable, royalty- free, limited and restrictive licence (the "Licence") to use such TO2015 Torch Relay mark(s) and such Community designation, all as determined by TO2015 in its sole discretion, for non-commercial purposes subject to the terms and conditions described in this MOU, the CPG and such graphic standards manual as may be provide by 102015 to the Community from time to time. All rights, opportunities and approvals not expressly granted to the Community by this MOU and/or the CPG are reserved by 102015. The Licence will be in effect for a limited term commencing on the date that 102015 officially announces the Torch Relay to the public (currently scheduled to be around or about October, 2014) and terminating on August 15, 2015, unless 102015 (in its sole discretion) delivers a notice to the Community terminating the Licence earlier. The Community will use such T02015 Torch Relay mark(s)and Community designation (the "Use"): 3.1.1 only while the Licence is in effect; 3.1.2 only in Canada; 3.1.3 only in connection with the Community Celebration and other aspects of the Torch Relay within the Community Jurisdiction; 3.1.4 only in accordance with 102015's specifications, directions, and standards as stipulated by 102015 (including specifications, directions and standards specified in the CPG) to the Community from time to time; and 3.1.5 in such manner so as to ensure that no association whatsoever, other than as strictly contemplated by the Use, is created between 102015, the Games or the Torch Relay, on the one hand, and any other entity, commercial or otherwise, on the other hand. 4. insurance and indemnity. 4.1 Insurance. The Community hereby agrees to put in effect and maintain insurance for the term of this MOU, as its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater,or the equivalent, all necessary and appropriate insurance that a prudent person in the business of the Community would maintain, including such minimum coverage as follows: 4.1.1 commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than five million dollars ($5,000,000) per occurrence (except where pyrotechnics may be used, in which case the limit shall be not less than ten million dollars ($10,000,000). The policy shall include the following: (a) T02015 and its members, directors, officers, agents, partners, affiliates, appointees, employees and volunteers(collectively, the "Indemnified Parties") are named as additional insureds with respect to liability arising out of the acts or omissions of the Community, its subcontractors or their respective directors, officers, agents, employees, partners, affiliates, volunteers or independent contractors; (b) contractual liability coverage; (c) host liquor liability coverage (where applicable); (d) cross-liability clause/severability of interest; (e) contingent employers liability coverage; (f) employers liability and voluntary compensation coverage (or compliance with Workplace Safety and Insurance Act("WSIA") coverage, as applicable); (g) 30-day written notice of cancellation,termination or material change; (h) tenants legal liability coverage (where applicable); (i) non-owned automobile coverage with blanket contractual coverage for hired automobiles; and (j) policy will be primary to any other insurance that may be available to the Indemnified Parties; 5 TO 01 r) 4.1.2 automobile liability policy for owned or leased vehicles that will be used in connection with this MOU for a limit of not less than two million dollars($2,000,000); 4.1.3 all risks property insurance on the property/mobile equipment owned, leased, rented or borrowed by the Community, its agents or sub-contractors to be used in connection with this MOU. Such policy(ies) will include a waiver of subrogation clause against T02015 and its directors,officers and employees; and 4.1.4 errors and omissions liability insurance, insuring liability for errors and omissions in the performance or failure to perform the obligations contemplated in this MOU, in the amount of not less than one million dollars ($1,000,000) per claim in the annual aggregate. 4.2 Subcontractor Insurance. The Community shall require that each of its subcontractors obtain all the necessary and appropriate insurance that prudent person in the business of the subcontractor would maintain, and that the Indemnified Parties are named as additional insureds with respect to any liability arising in the course of performance of the subcontractor's obligations under the subcontract with the Community for the provision of services. 4.3 Proof of Insurance. The Community shall provide TO2015 with proof of the insurance required by this MOLL in the form of valid certificates of insurance that reference this MOU and confirm the required coverage, before the execution of the MOU by TO2015, and renewal replacements on or before the expiry of such insurance. Such proof of insurance shall include delivery of a valid clearance certificate of WSIA coverage to TO2015,where applicable. 4.4 Deductibles and Self-Insured Retentions. All deductibles and self-insured retentions shall be the responsibility of the Community. 4.5 Indemnity. The Community shall indemnify, defend and hold harmless the Indemnified Parties from and against any and all actions and claims of whatsoever nature nr kind, a_ well as from and against any and all damages, liabilities and losses resulting therefrom, that may be brought or made by whomsoever, or suffered,directly or indirectly, by reason of or in any way arising out of or in connection with: 4.5.1 any negligent act or omission or wilful misconduct by the Community or any of its representatives in connection with the performance of the Community's obligations under this MOU; 4.5.2 any breach by the Community of any provision of this MOU; and 4.5.3 any alleged violation of any applicable laws by the Community or any of its representatives in connection with the performance of the Community's obligations under this MOU. 5. Term and Termination. 5.1 Term. The term of this MOU shall commence upon signing and end upon the full performance by the parties of all their respective obligations hereunder following conclusion of the Community Celebration and all other aspects of the Torch Relay within the Community Jurisdiction, subject to any early termination permitted hereby. 5.2 Termination for Cause. In the event of a material breach of this MOU by a party, the other party may terminate this MOU for cause immediately upon written notice to such breaching party, without further liability to the non-breaching party under this MOU. 5.3 Termination by TO2015 for Games Exigencies or Cancellation. Due to the exigencies of TO2015's obligations related to the Torch Relay and the Games, T02015 may terminate this MOU for any reason upon giving fifteen (15) days' written notice of termination to the Community, without any liability to TO2015 under this MOU. In the event that the Games and/or Torch Relay are cancelled, T02015 may terminate this MOU immediately on written notice of termination to the Community, without any liability to 102015 under this MOU. 5.4 Termination for Force Majeure. In the event of a force majeure event which renders the staging of the Community Celebration impossible, either party may terminate this MOU upon written notice to the other party, without any liability to either party under this MOU. 6. TO2015 Conditions. 6.1 No Liability of Unrelated Parties. The Community acknowledges that none of the Dominion of Canada, the Province of Ontario, the City of Toronto, the Pan American Sports Organization, the International Olympic Committee, the International Paralympic Committee, the Pan American Sports Organization, the Americas Paralympic Committee, nor any department, agency, director, officer, member, minister, councilperson, servant, employee, agent or volunteer of any of the foregoing entities (each, an "Unrelated Party"), shall incur any financial responsibility or liability by virtue of or arising from the Unrelated Party's relationship to 102015. 6.2 Restricted Publicity and Marketing Rights. Except for those rights expressly granted in this MOU (including those rights that may be granted in the CPG), the Community agrees to obtain the prior written consent of T02015, which consent may be withheld by 102015, as follows: 6.2.1 prior to the Community publicly disclosing its relationship with 102015 for promotional purposes, including by means of distribution of literature, verbal declarations or announcements through any medium whatsoever; 6.2.2 prior to the Community using "T02015", "Toronto 2015", any official mark, logo or mascot of the Games or any other 102015 identification or trademark, as a reference or means of promotion or publicity; and 6.2.3 prior to the Community disclosing or promoting its relationship with T02015 in any communication or manner whatsoever as a basis to create an association, express or implied, between the Community and the Unrelated Parties. 102015 and the Community are independent contracting parties, and nothing contained in this MOU shall be deemed to create a partnership,joint venture or agency relationship between them, nor does it grant either party any authority to assume or create any obligation on behalf of or in the name of the other. . TO 2 01 . . 7. General 7,1 Confidentiality. The Community will keep strictly confidential its participation and involvement in the Torch Relay and the Community Celebration until such time that 102015 has publicly announced the Torch Relay route and the Community's participation in the Torch Relay. In addition, the Community will: 7.1.1 keep all Confidential Information in strict confidence and will not, without T02015's prior written consent, disclose any such Confidential Information to any person not expressly authorized by T02015 to review such Confidential Information; 7.1.2 not, without 102015's prior written consent, use any Confidential Information for any purpose other than for the performance of the Community's obligations under this MOU; and 7.1.3 if the Community is subject to the provisions of the Freedom of Information and Protection of Privacy Act (Ontario) (or any equivalent provincial legislation of general application in the Community jurisdiction) or the Access to Information Act (Canada), the Community will notify T02015 of any request received under such legislation for disclosure of Confidential Information and will consult with 102015 prior to making any disclosure of Confidential Information in response to such request. 7.2 FIPPA, The Community acknowledges and agrees that The Freedom of Information and Protection of Privacy Act, R.S.Q. 1990, c. F. 31, as amended ("FIPPA") applies to T02015 and 102015 is required to comply with FIPPA. FIPPA governs this MOU and all records (collectively"Records")created in connection therewith. 102015 may be required to disclose this MOU under FIPPA or, alternatively, may choose to make voluntary disclosure by way of posting on its website. 102015 will, within the time period provided in FIPPA for a party to exercise its rights to prevent disclosure of information, advise the Community of any request for information that relates to the Community or of T02015's intention to and/or document voluntarily release any information oiiu�ul which contain information that relates to the Community. T02015 agrees that it will not disclose any information related to the Community which would be exempt from disclosure under Section 17 of FIPPA. Further, 102015 will work with the Community to redact information, on the basis that information so redacted constitutes information that is exempt from disclosure, prior to disclosure on the terms and conditions set out in FIPPA. 7.3 Further Assurances. Each of 102015 and the Community will from time to time execute and deliver all such further documents and instruments and do all acts and things as the other party may reasonably require to effectively carry out or better evidence or perfect the full intent and meaning of this MOU. 7.4 Time of the Essence. Time is of the essence of this MOU. 7.5 Entire MOU. This MOU constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this MOU. a T02'01 r 7.6 Amendments and Waivers. No amendment to this MOU will be valid or binding unless set forth in writing and duly executed by both of the parties hereto. No waiver of any breach of any provision of this MOU will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, will be limited to the specific breach waived. 7.7 Notices. Any demand, notice, invoice or other communication to be given in connection with this MOU, must be given in writing and will be given by personal delivery, by registered mail or by electronic mail (e-mail) addressed: in the case of T02015 as follows: Toronto Organizing Committee for the 2015 Pan American and Parapan American Games 25 Dockside Drive, 7"'Floor Toronto, ON M5A 0B5 Email: Steve.Wallace@Toronto2015.org Attention: Steve Wallace Email: Jim.Jermyn@Toronto2015.org Attention: Jim Jermyn and in the case of the Community,to the Community Contact, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Email: kmoldenhauer@niagarafalls.ca Attention: Katharine Moidenhauer or to such other street address, individual or electronic mail (e-mail) address as may be designated by notice given by either party to the other. 7,8 Community Authorized Representative. The Community hereby designates the Community Contact as its authorized representative for all purposes related to this MOU. The Community will ensure that such Community Contact transacts with or otherwise deals with 102015 at all times in relation to this MOU. 7.9 Governing Law and Attornment. This MOU is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario. 7.10 Severability. If any provision of this MOU is determined to be void or unenforceable, in whole or in part, it shall not be deemed to affect or impair the enforceability or validity of any other provision of this MOU, and any such void or unenforceable provision may be severed from this MOU without affecting the remainder of the MOU. 7.11 Assignment. The Community must not assign its rights and/or obligations under this MOU without TO2015's prior written consent, which LuIIJCIIt may be granted or withheld in T02015's sole discretion. 7.12 Binding Effect. This MOU shall be binding on the Community's successors and permitted assigns and shall enure to the benefit of any successors and assigns of TO2015. 7.13 Counterparts. This MOU may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the same instrument. Delivery of an executed signature page to this MOU by any party by electronic transmission will be as effective as delivery of a manually executed copy of this MOU by such party. 7.14 Language. The Parties hereto have requested that this MOU and all Lor rc.N Ulidence and documentation relating to this MOU be written in the English language. Les Parties aux presentes ont exige que la presente convention, de meme que toute la correspondence et la documentation relative a cette convention, soient redigees en langue anglaise. 10 TO 2 01 5 TS-2014-17 Niagara.palls August 12, 2014 REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-17 Niagara College Summer Bus Service Extension RECOMMENDATION 1. That Niagara Falls Transit services are provided fare free to Niagara College students residing within the City of Niagara Falls from May 1 , 2014 through August 31 , 2014 in return for $15,316.00 from the Niagara College Student Administrative Council. 2. That the Mayor and Clerk are authorized to execute the necessary agreements. EXECUTIVE SUMMARY Niagara Falls Transit and the Niagara College Student Administrative Council initiated a Summer Service for the benefit of their students residing within our city in the Spring of 2009. The program has proven to be mutually beneficial to the parties and they have asked to extend their Agreement with the City to provide service for the Summer of 2013. In return for allowing the students to ride our buses' fare free, their Student Administrative Council will be providing Niagara Falls Transit a one time payment of $15,316.00. This initiative will further provide an opportunity to promote our services to younger customers within our community in the hope they will continue to patronize the service beyond their post secondary years. There will be no additional costs incurred by Transit staff as the students are riding on the conventional municipal service. BACKGROUND Niagara Falls Transit has been providing this fare free service to Niagara College students residing in Niagara Falls throughout the months of May through August inclusive since 2009. To indicate which students are eligible to receive the service, Niagara College Student Administrative Council issues a sticker to their student member that is applied to their I.D. Cards. Simply presenting this I.D. Card to our Bus Operators allows them to ride fare free. August 12, 2014 - 2 - T5-2014-17 The Niagara College Student Administrative Council purchases this service to allow their students who are registered for Summer courses to utilize Niagara Fails Transit to connect to services traveling to both of their campuses. FINANCIAL/STAFFING/LEGAL IMPLICATIONS This program will provide an additional source of defined revenue and will not create any additional expenses. There are no staffing or legal implications. CITY'S STRATEGIC COMMITMENT The Transit Strategic Plan and Ridership Growth Strategy support council's Strategic Priorities to; identify and evaluate alternative sources of revenue, and continue to monitor and improve the efficiency of the organization. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: 12-14)-P' Ken Todd, Chief Administrative Officer D.Stuart ,�',✓ TS-2014-20 Niagara ally August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-20 Brock University Students' Union Transit Agreement RECOMMENDATION: 1. That the City enter into a one year Agreement with the Brock University Student's Union. 2. That Niagara Falls Transit services be extended to the Brock University Campus from September 2014 through April 2015 at full cost recovery. 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: The most recent Agreement to provide transportation service between Niagara Falls and Brock University for the benefit of the students residing within Niagara Falls expired on April 30, 2014. Transit staff have been in discussion with the Brock University Students' Union Executive to review the route, schedules, and term of the Agreement to best meet the needs of their members. This new one year term will ensure Niagara Falls Transit services are provided at full cost recovery for the hours of service provided between the two municipalities. In addition, a Municipal Levy will be applied to capture revenue for the trips taken by students on Niagara Falls Transit within the city from September through April. BACKGROUND: The Niagara Falls Transit service to Brock University was implemented in September 1992 as an express bus operating on a fixed route between Niagara Falls and the Brock University campus in St. Catharines. The service is provided September through April to ensure the students residing within our city have an opportunity to travel to and from the Brock Campus to attend their daytime and evening classes, as well as their exams. For the 2014/2015 school year, the hourly rate will be $92.93 per hour, which provides Niagara Falls Transit with full cost recovery for the provision of service between the two August 12, 2014 - 2 - TS-2014-20 municipalities. In addition to the hours of service the Students' Union has purchased from Niagara Falls Transit, a Municipal Levy funding formula has been introduced to capture revenue from the students for the trips they are taking within our city on Niagara Falls Transit from September through April. This Agreement also has a Fuel Escalation Clause to protect the City should the price of diesel fuel increase dramatically. Further, any fares collected by non student customers choosing to utilize this service to travel to the Brock Campus in St. Catharines are retained by the City. FINANCIAL IMPLICATIONS: Thic one year Agreement with the Brock University Students' Union will provide N!agara Falls Transit with revenues of approximately $195,300. These revenues will allow the service to operate between Niagara Falls and St. Catharines at full cost recovery. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and the Brock Campus supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustain Ability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: 1±,,),.4_,71,7LA,A, Keh Todd, Chief Administrative Officer D Stuart S:\General Administration\GA 1.01 Reports\2014 Council\8 Aug 12\TS-2014-20 Brock University Students' Union Transit Agreement.wpd TS-2014-24 Nia crap albs August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-24 Prospect Street - Heavy Vehicle Restriction RECOMMENDATION That a "No Heavy Vehicle" restriction that includes buses with an "Up to $5,000 Fine" tab is established on Prospect Street between Drummond Road and Portage Road. EXECUTIVE SUMMARY The recommended heavy vehicle prohibition on Prospect Street between Drummond Road and Portage Road will reduce the impact of heavy vehicles including bus traffic using Prospect Street as a shortcut route. BACKGROUND Observations were carried out to address concerns from an area resident that highway coach bus drivers are using Prospect Street as a shortcut to avoid Highway 420 when it becomes congested during the summer tourist season. Prospect Street is a local roadway that extends 525 metres between Drummond Road and Valley Way. The roadway is in good condition. Prospect Street is the closest alternative for eastbound traffic that has exited Highway 420 at Drummond Road to continue eastbound. ANALYSIS/RATIONALE Data collected over a week in June 2014 identified that there is bus traffic primarily eastbound on Prospect Street. A heavy vehicle prohibition is recommended on Prospect Street between Drummond Road and Portage Road to reduce the impact of heavy vehicles on the residential road. The restriction will prevent drivers from using Prospect Street as a shortcut. Bus drivers may use either Lundy's Lane or Valley Way as they are suitable parallel collector/arterial roads that are constructed to accommodate heavy vehicle traffic. The proposed restriction does not apply to school buses, emergency vehicles or delivery vehicles that have a destination on Prospect Street. August 12, 2014 -2- TS-204-24 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the "No Heavy Vehicles" signs are to be carried out by Transportation Services staff. The labour costs are accounted for in the 2014 General Purposes Budget. Studies estimate that the cost to install the signs is approximately $1,400. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing r Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: ".91.-1-11-r1 Ken Todd, Chief Administrative Officer ir L.,-- t.- i tN'r" a' d g,�-. y k § ,G k".':.,7 q'..,'� immi , era` ffA pc` q . (I) _ ' - I �� .. .#" . �: kA �iq� "'.� �# ,.A� _�,.,., �'L�yK#a r L•, t' � �� t V f ''''"It, 3� :4'14 'y"��. .,r: � � u+� rt�Kx i � , ▪y�q3► * U s�` t�t '', , µ'07q'." *NI ,_ i t y,._, 'S)......4&4**' -- + .r x � 'r , is ,��; r • '-'1.''.' ��x i C „>5▪ 3` "..?..4"i.. 7, t Y .4+fie T , `*< co• D ` b. VMA � O • .F „„�`" '° - T:r4 , `' ,�..' w Y � 'F- '+ ,"7:4,;,....,.. .. »" x� a # "'! Eft .. - - t '� �. �_, fix. 0- t. to:'"� 0*I ' 71. t -,0,,,,,.: `., '�S „°_s = m .4 .> "fib.. r a .� •` _ Qty < .a. ��ii.,�� C_ • + !S`r� g 3 8,•+ = O -0t�a y - 1.� It, * cif ,''' ,1''',..4.,,,, �' —"V.,t , i.",:' -'� ''' , ',17'-'''- f f" 'r �.. '` E� 4 . ► • ,`,S,*.tx-� 4�Ss ' i ':"' iii ,, ' ►�, - q't x#i 'may�, a:r •4 (.) cc ur a 4As., ' '�w sx d�M1� Y x # t g�g •� t• T= i x ^ u '.''° -i.°%�^� ¢ 4^* " p �.. ray x =..o • ceY c r 1 '4 r, ar. . w.+m •r 1 0 76 x� , . 3, , ,r w .� " ,n .• z, L.�S .4y, j:, �SJ" �,�" x � < .xi.,1 ,.,..4.--,..;., „ .:,,,- �y .:,6y, ,+ A�.' `;:�`, ,Lj V ,. -, c _ , t ti,,, , 414,,, 4,., , ...;... : ,-,-, :„. ....,.... •L, iL ,,p.4, , 'I,0 - i44,.., 1 j ♦' 1, , C r . r_T r tx ��: ::, 4. - a S'b #`�' ti.tell; Asn 11,4 .L`..a.��I�F,' � �°r . s i x7p aux � „� !- �' � d!" :�$�# � �.. 1174.14w r' ,,,, ,,,, 4 ..,„,.. ,. kir ▪ sem° #` i� 43 p r 9 44A -y q � � 5 � u° a, � R � ..,,,, .„ L.' rK* F.e 1' 4 -1°'et �+& .. i yyg77gj ,.,, i ar, 4',4°....''.---;:-.7,,?.:,___ 4 ` c`q` � �`; '1 �. S �- tm a Yom. N'1 /.. c ' x s. •;{ 7 "+t., r s i ' c. s � y 4 '` t✓x v '-,-,,, ,,4_,*'+4'�▪ ' z '� 7 TS-2014-25 August 12, 2014 NiagaraJglls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-25 Jepson Street - Heavy Vehicle Restriction RECOMMENDATION That a "No Heavy Vehicle" restriction is established on Jepson Street between Victoria Avenue and Valley Way. . EXECUTIVE SUMMARY The recommended heavy vehicle prohibition on Jepson Street between Victoria Avenue and Valley Way will reduce the impact of heavy vehicles using Jepson Street as a shortcut route. BACKGROUND Observations were carried out to address a concern from an area resident that transport truck drivers are using Jepson Street to/from the commercial plaza on the west side of Victoria Avenue south of Jepson Street. Jepson Street is a local roadway that extends from Valley Way to Victoria Avenue and then continues easterly to Palmer Avenue. The section of Jepson Street west of Victoria Avenue is in fair condition. Jepson Street will be surface treated this summer under the overlay program. Many of the east/west roads in the neighbourhood are restricted to heavy vehicle traffic between Stanley Avenue and Victoria Avenue, including but not limited to Morrison Street, Valley Way, McRae Street and Stamford Street. ANALYSIS/RATIONALE A heavy vehicle prohibition is recommended on Jepson Street between Victoria Avenue and Valley Way to reduce the impact of heavy vehicles on the residential road. The restriction will prevent drivers from using Jepson Street as a shortcut. Truck drivers may use either Falls Avenue (formerly Roberts Street) or Bridge Street as they are suitable parallel arterial roads that are constructed to accommodate heavy vehicle traffic. The proposed restriction does not apply to school buses, emergency vehicles or delivery vehicles that have a destination on Jepson Street. August 12, 2014 -2- TS-2014-25 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the "No Heavy Vehicles" signs are to be carried out by Transportation Services staff. The labour costs are accounted for in the 2014 General Purposes Budget. Studies estimate that the cost to install the signs is approximately $500. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing ) Recommended by: / c--�' 4 -' Karl Dren, Director of Transportation Services Respectfully submitted: L-4414/I Ken Todd, Chief Administrative Officer ttliii er fs 3 }, �,, ...vi,, .rt v a x ,'� , .. a gx_ L�fa c a .,.�' M-; /� 7 jiis fty� y,y.'"C4( l? b °-d : k•».; , .p ite 1;, ( r 4(Y"G 4y `' , "`` - -S• �% tea,t .�,.Y r;,' L,'S.< •r ? y" : � L% 3a.r .Mr cy'� ! L ;,:'!„•'''..1', 'vial. 0 i, 4 �]!` Pqb 5. P�}1�.. �.. O at T ..,*',.-,--X".". .'i,'q'z'r'.,:. A ; ra '71 1. ' 4' k :FmK. ,� U aw, '. :.i� V* . srp., .- .' _ ��', ', !p 4 h 'Iref fitly.. „ LL • �7*� ! uF 'v 7 r�r 1;2! • � v ..t,; q L .. i .7-4-1,,,,14r: t4 y k 1U V94";" •� Y s..may, A ' fit' L ray ,.5>;�-fit Q) aAl, '� • 14* A Aio, q -x 31�t ,;144,.....--," O.h ;u.Com ;;.,:t' . O 4 'a" .7# a,� : " O*€ . •• r�l -%-..' we rt �. kfj ._tar '$ ,qs rr< ,t''''''''''.* • • p. • • .0412 1 ,,,ii:--r 4.m= xQ. Sb`+ v + v x • it �., .ar' 744, it`i z', j, „rye Jam L•'» �� +n. c �qy!� ..,,,,,:,,..,,,,,,,s4 t '.? j�f ,' • a i moi} s'-*< rti' r �d 447 .:.-r.'. x. c a S a n is k 7 •4 ,.. ..? . . �twrr ` ,cid r s "'}.i.; • + ie ... fz. a t s • ._ ,- . ... : • ' i �� it �P 1`i'w Y' �Ai �i�� 4�' -. .. T Y ! a per, � .: 4.1 .it • 4 6 S . 4-4 Z.` si' :7'41,..,,.*{ A k wy f 2 , .y. V di jM S fF� p t a +y "� ¢LI, ?. ;� „ ,f-„,p a sy{ k L Ln,43 ,,,,,-„F--� Ti�.a -;,-.= "'T�s- 7 f �i*,,..- p- <}�iAe kR' a • R � x � �`' <�R' SCD a '�' - '.-4,•:4 i,' ! Asa,,%.k44„.L -4 44 -�q ; i e-`�,t` .i1 _ y ,,,, ..----Ir . ,g. -,a H 4'1 Ce �;j r-�•- �"--.5�te r ? ' -4- m fi4. 'L �• h'., ' ...—,3f..',4"4'.4--1 4:,,:k.— n : :. ,,.! y,�♦ ;�.�,�'L 't't«' ' iJ §' �` K .s ,. .i '� . .<.t.4.44� 4j 'k x A4.1,41;. .,�, _ i«” ... eft'? }r}¢� :' Q; U 'A"- .•;r -`` /'o• . ‘Ki .{L ,. _�ftd ti ,_ •t_fir,ti �r'�.ov � �.. S. - /�a i� S. t-. a CZ , -''', •'' ��AI. "1'a, '�`d* " "T'', "4 .<''. �' ' , �,vim, .; t...."', 3 st'tf ^g4. (?. �vg� a,' V/ -W V YE' t . tM '` -' ell CD Y '' ,, `.,1'- f t s:c `:-� i;_ s.1TaC ,'=T N y!- h i1 �_ #Yk).tYrt 1 6`1t4. i "°,'J� �``<a . S t� yP^^ r..9 V/ y� i•-''.71;S.t.'• 4'.. ray k 7'w -- r "r: 4 , .)'$ e. Ci �,'� 'r x k' �, *' ., .-w { a,j, y Y s- A 3 'AP3-7' t t; 't4 -;'.71‘,;3:. ' r . r-� ,, ;: . !i`- f )Exp 5.,?,;: ,4.C.,..''4"13.q••":',0 " .`, w 4..' q k } ' t":',*„..?„,.' 'i :a "`' *41.-ii.:-.:2:* a ~� ��A :oz .>' ;, x Aka ",r;.-.'...-.,..,::),..-_. x" .' : ,"I - 'A. "•d,' R .`..:'••,";1/4-1:,4,r. E; ,.. .k, .. I . ; ' t i.- tp �S f ,41::':''!„;1*`.. + f YW., .:3"r:"',7:, n' +�' �"} i 9Nr �� Amy r f'� 1 '4+.y Y - 'i' i.�. ��}�}�jj, '."4,1. "1. Y L Y SW ire '- _" .: �` 9``< t •, .Y. .y; "1�' j'.'fi. `n. .u,. " gyp, ; ,3x5., 41161 +s� ..�� : `�C,�fa. . > A'° def �7�: t��,,. •. . ..i.,...,.-,;.,...1....:,c...?., ''§� ,� 3'; i � a '+ i?fi..6'4'"w ~ ,.a.-S J ix'- ,. A � t : "'x1' gild"d '' ' f , .* .-° z 1 �. EAArr•;+-S•:.-a§ r^ ,, , t, , ,fi ..may yl,,,I,;:b' 1J' ti tot 7".'r .e • L ' s� j1 t _*11444, X44', T ; °�,,,4. t'<.*t,-µ7 e `4,;.t' �r t, tmt . oisso Y K'. YA�'A'+i ^:x A9'ft jget • I + am '''Pt:!:',.". '.% p,..k.i y vi- sod q '9« 4$ ,-- i'Ar{i'1 .1'..lCr1"r. ::Y'P,{ax .1. Y'3. s 'e'.•%!,"�L 4 #*' ♦ -w $, : Z r" !► r `•,;',,,t,::j i:, rXr t • ;- L 4. :-. si ` •:: 'F -ey •r�' x"-a 'k r:�s 7 ;- d' +'u^. �,' •it .G� :. ' ..t....:} .••-F: ..,d...-,.S#b•.tr..-�.;•„•,..0..4.,:,t.:� a :�-' ,'. .' ... r _..s ,x:?i.. •:_r.a":3a.x'*.,...x. - ...�:"Fc:?.u,-:� ... ..... ... TS-2014-26 NiagaraJglls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-26 Transit Agreement with the Town of Fort Erie RECOMMENDATION: 1) That the municipality enters into an agreement with the Corporation of the Town of Fort Erie to supply transit service at full cost recovery. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: The Town of Fort Erie is interested in Niagara Falls Transit providing service between their community and Niagara Falls for the September 2014 through April 2015 period, which aligns with the school years' for Niagara College and Brock University. This one year agreement will be provided at an hourly rate, which ensures all costs associated with the provision of service are fully recovered. BACKGROUND: The Town of Fort Erie has requested Niagara Falls Transit supply inter-municipal bus service between Niagara Falls and Fort Erie. This service began six years ago in September 2008 and serves as an educational and employment link between the two communities. The service will commence on September 2, 2014 and continue through to the end of April 2015, which will address the needs of the post secondary school customers who account for more than 70% of the ridership. In addition to the student traffic, the service attracts riders who travel into Niagara Falls for employment opportunities. The service is provided from the Walmart store in Fort Erie to the bus platform at the Target Plaza in Niagara Falls and thus, provides connection options to other Niagara Falls Transit buses for these customers. FINANCIAL/STAFFING/LEGAL IMPLICATIONS: The Service Agreement for the September 2014 through April 2015 will be the same as the 199n1A - 2 - TS-2014.26 previous years'. The hourly rate will be$92.93 per hour, which recoups all costs associated with providing this inter municipal service. Based on the number of hours provided, the September 2014 through April 2015 service period will generate approximately $129,720 CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and Fort Erie supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer D. Stuart S:\Genera!Administration\GA 1.01 Reports\2014 Counni1\8 Aug 12\TS-201 4-26 Transit Agreement with.Town of Fort Erie.wpd ,;e40, TS-2014-27 NIagaraaglls August 12, 2014 REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-27 McLeod Road - Parking & Traffic By-laws RECOMMENDATIONS 1 . That various parking, stopping and standing prohibitions be installed on McLeod Road between Kalar Road and Pin Oak Drive; and, 2. That the bicycle lanes be designated by municipal by-law. EXECUTIVE SUMMARY To ensure unimpeded traffic mobility on McLeod Road once the road improvement project is completed and keep the bike lanes free of parked vehicles, Staff is recommending that the study area consist of a combination of no parking, no stopping and no standing restrictions on both sides. These regulations are consistent with those established on Kalar Road several years ago. BACKGROUND The study section of McLeod Road is currently being reconstructed to four lanes. Designated cycling lanes will be constructed in both directions. An urban cross-section consisting of a curb and gutter, a boulevard and sidewalk will be provided on each side. These improvements are being carried out to accommodate future growth with continuing residential development in the subdivisions west of Kalar Road. ANALYSIS/RATIONALE Currently, standing restrictions are not present at existing transit stops, and parking/stopping restrictions are not present on McLeod Road in vicinity of Pin Oak Drive. To ensure unimpeded traffic mobility and keep the bike lanes free of parked vehicles, Staff is recommending that the study area consist of a "no parking" restriction with the exception of"no standing" restrictions at transit stops and "no stopping" restrictions within 60 metres of signalized intersections. August 12, 2014 -2- 15-2014-27 Appropriate signing will be installed when the road construction project is close to being concluded. The reconstruction project is expected to be completed by the end of summer. FINANCIAL /STAFFING/LEGALFINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2014 General Purposes Budget. The estimated cost to install the signs is approximately $2,600. 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 ATTACHMENT Study area drawing Recommended by: Karl Dren, Director of Transportation Services ) A L. ...'� Respectfully submitted: �+ �—+� .� Ken Todd, Chief Administrative Officer •••••0 si ,•: 411 i":''' ---.,' ...._ t.L.1 , - ,28:4.11,; ,_.•4•-:-.; •,•;'..-eF,,:.*, ......i?-,-, ....„`(.,,...,.;:. ,,..",,,,:' :.,;,:.''' ',,° v"---'1...*•'' ..it.5''''r: t'S4„.,---, ''''. '. -.r.--'',`-.":":1%'•-• ,,...14,,,V.1..A-4..'' .- ,,...•44,7'''....,:s."*°,7'.:1',7,?,:;14( fry,:rf 1.,':,..,:,:F z.:7:4=1.--.4,-47,,:t",7::_ ' ''IA "4"141'4 ci:..-ih.„:: .•••„4,4,, 4. r.....,.. , ,,,,,,,‘,.,.. 4',...7.:•*-.1:--,;';7'''''...?: '-4- '• •a ,!..-..4=44,,t`,•!', ‘1.:...",to,'"otr--17 ,&"-7:.: .-",-•.•%-".;-; ---- '41'.....):i'• .I „.,,z--- ..isr,i,. "--47: ''.- '-"- '• °- (."-) ,......' •-t4;.„,,,.. ., ..t.71,.,:it.....c..iz...,:.„-.1,..,...,,,...e...,,,'. -14.„0, -i --,,....,..:- ,.,-....._,...7.,.; ;;;-,,..,,;;x.. --;: -- - 0 .: ,:,....4,%,:t`.---- ' ,, ..7,4.,-, ' -:: -7,1 .-sc.) --i-)t . „.,,.....- .,..,..- ' . °';°" .,*. t ',.' t' ........" -.., . 1 ` ";•••tt4."'",-, 4:0,141.2 . ',,,. ' •74.• '' 7.,-'.'7 4 ,......_:: .:11.-, . "4"i lit.(41 4 ''''\-44.,.....'''''''''. .... ....••-•'„,,,, ..1.•••• , .....,*,..T. ..,i.;..'.."°14,-, 0.---- ..-. - 7 NI, .•.,.L - • ' ' ., ,-- •:.";':‘,Cx‘51,;40'-',..-f, 4!" ., ,..."--J4-0.-.„ ...,!-,-,•••:,,,„:,--1 ,.7.' i o L'- :,........,t-:,.,''' -;7, ....,A,.. 4 . + . 3.4. ,N*4....4...-„tifi I ' ' :";i-7:-.• ••.' t thipplarrow- ,...•• ••,. • - dt 4., , .. ; ' ,„ ..' 1, " -!t?--;4..„4-4•%. 'A '' ...- '.t. ."•;:••,•c.„.:;„..t;- -, ----'14,'•1-:"-,.'`.1.•.7f,-1')",',.. ,...`•.<1,-. 7' , „. C.) 11) - . ,, .. ... . -4„„,,„-‘4•"thi° • ,•il,,,4:.t't. , ? 04; ' '..,.;''' ;.1-f ' '- ',, Li- •'.-. t :-.1 . , I / ' ' ... ,,, i ...,,...,.- .v.„..., --,, ,,,...,....• .• ,. , ...;.„.r.i.....; ..;.:, 7 .:,i, ii ft..!....:;•• -I, 1. ,,,,, -'.--,...„7„:„,,,,,k.'40 ,,....N4t,-..-; '-` , • - -.. '''..,,.6 •4i,..ir,,'::.:::,'-' *?'" r ' -'.....z. '4-.'‘?i . -:• ''' .) .g. 6_- (i) :4,:t, .....:-,-..--,.. .4, ,-,..-.4.1, ,...;\.'..,4'".7.1.,,,:.•if "'5,,,,..$;ti z.:,,. , :',4""f::.,-,......:' . its'', , . ' ,, -`- ' -.7.-7 -' r. ". ;• ,,- .,•.,--, - ,,..,::,5,:.!....--t, ,,,,,, ,, .. „Itki, -1-- ,,,,:.°,4'.....;:-'; ...e.-.'''' . .....,- -. • '. ' Lii . .,)1' -..7‘,..., -''' .•. -•.,r..!....--:- -2.-‘`,7,..- 4 k..... --° -,,,-...-,....,..,.7'f.:.77 , ' - ' '•. ....,;-.."7-; '` - - • - °'.- -, I - --•'' --' *A4 ,,, -':'* ;''';'''tt lk- : ' • 'r...4'3 ' :' ' ' ''. -''' ft. %^ ''''/"'-- '''''''-' " -4 ''''''' ' •'"' -'1` •'' ''-'• A - ---- '-'• " '. •I• ' '..Z‘.t.''''* :- ''' '' '. •'1' •-••'''''.i• * t --...71: 1m 7 '* ..- . --.. -44....'. 3,..:',:.:'.. I.;"•,, ''''.. * 41.4, , -,,* ., f,":. - ,..4 cf) i!):::;:::*!--.:7;1.i.:-.1- e...'• ..''':-....: J'''''i .,, ,. %:-- ''.:',.:1..- ''' -7-: •:. '''''-4, !..•:•'''''.".API' . ,,'.. 1........t-d. i •....,,, ',.-1*.:-.T.,.;4? ' • • cr, „ ..,-4.,i,•,„-,,-....„,',..., ‘. 1,7„,.: „,,„kr.„,,,,, .., --• ,,,,, ,,i.i.-.,-,,,,...ti.46.t..„., '..2,,, -l_ilits : •, .,..•1,,, - . -• Or„,,,-,./..-...., 4 . :4„. ,.4....,,:.A.‘,.,'''c 'I'T'ar:• lilTtirti vv„ "th.'"::::. • - .,r,...-,, -t;'•rr,`,4-• '-:-."‘-•...t,t,'•.11.`1•-•.i.,, "..it , ,1-34•4'.i'V''.4c.r• ' '.." : ''t .......4: - • ..i.• ''..- • :•., "1: 7. •'* ;+ CO .t.1_. ....f.,'':• -r...,•::4..5.-..,.t.r: -;••.,N '-`1,.. •.:-*1,1!=4••.'"If , ,,,, 1.0%,,,,,,,,,%., .:.*„.,1,.!•...,•,„. „..,•,-.... , E'S'''..,,,..- ,::::'. -.71e':,.:.,'''' • ',. ::+! ' - , ;,' '.1.1i;:v: 31A1,0441t:1:4.3.;* ' te U t:,:•':$'7'''13..1/419t...•'*:::' I„'lls.,,,,. Z ;:'''',.'''i,•'1.':-.:: .. .-.,..,.- , 7., ., lr ' '''t ..i;:i *,-....4 -*•,,,,"'‘ '''-': r71 ci .t, , .... .--•°.‘,..4., -,•,. - , ....--t4.-.•••-...-., "Ir..., . 't - • . 1 t V:If:4 tA•,:r, ,.. •*. -- -1 • ,..1.c.,,.., •'..,k . ' -..,......70"`944'lle., ..-'"r;,„ '•"':..4 r';‘' • ' V'1' : 4".....„4"^:: 7: :r!..' ..,.•.." '.. t R .,kV-A..- - ' ;:-, ". .;'' :".1'4.1..7:04,,, ..,•,-t14,•4., : - - 4,4- '. ,,A....::,,, z;',.••-,4-„,;.„,,, -: ...,,, ..,. ..,-iii,..,-* -.:,... ;, ,.,.z7,e. t,t5,1:..t:i.7:.w.,, :„- ih, -.-- - • - ,,...,-:4' 71;iili.4' •:::-. •;:.-.-7)',.*;,:i1,.,,d,..':'. ,Nit..):..:1;i',-.41- -05 Ci) ' Till * ..-'' '''::::Ik1;4;'-.5*'---- ; •--‘ •,4 .:''tf/17:-.1i ‘1 ... ",.-;;'1;,'"4:‘'1/4-'t'*•01 k-.-1...,.. . '.. -- ,c) ,,,,,,. _. .......-.;:• .1_ ,,,,,,,,,;,--- . . _....,,,, ,.c.,....i''.._ .....40;;,:i*".11,11 i-t.':- ..,'..'., ,f;,.:-::`! ' , ,.. .,1-To .,:i;:i.„:'.;....,:1/4„,:.*';'4,-,... '''' `''.kr,„.k-77'."1--„, ""- iA :,,,__.x. .,t,..,4„,•‘,44,.f'40 ,,./j}. ,,: .: 'L :,-. , ...,:,:t .,It '1;1, ,...'1;',':''\..4,;-' ' 1,•ifir.:,.--,.., .'•:' ....4'1.?:".' . -- .....-. ' : •':*--F1 (f)1 ,c) m -4. , ; ‘•.1: -.. Agit: :.-,,,,-,Igv 4..,--- ,,:it: n:4 - , .... . ..-..f,...---.- -•.44 :-..,t..::, ' ,- ---:..... • - H a- ,. ,,. ... ,,,- . ..,, , ....... ,.ar.,,..!1,5,. T...it L -',.,--...,-' f--.., ,:frx,, 1- -...-- .,...., --t. l'A:=';', ,,.•.-1/ :11-',- - '''',7;.,74.A'.,,,p•.'...,:,i.,-74, '.I.,_ .„..... .4, -0:::1 ,.,,* - .• '.,'Ai. -14, ,: ..'..._ ottlitiftwel • -,..„3,4(‘ ....: ,= ...v.-It .1"..r,:'.. , ,?:.;-:: -:-1. ,,..;. ..! ...,0„.. ' • d'-' 447-'; r• '1.-.: ,-;:'-. ., ,...t-.,f1...+ - ,,,„,-f; . ,,,. :.' 1,,,,kt. t1/4.et1' 1...,. ..0.. ...:,;4<:/.',". ' ,-71:1 ., ,.:',.s:".,‘„7,...;,_,..:...7',: ' - .,.4 t'.. ' it , , >, _.... .43.:.,:- . if i'•.,,,A,... ,:%:-.•,•:.),•;,,,-...." ..• . :` • . .....A.,411 :.•:. .„„,--*-41'A ,-:,-.. .. -...: 4 •‘":i ' _,-;., - - . " ' L *VI 10111114 ;1%:,-,. •: k', .'.. .'"-.47,..• ;,-. . , *-47;_: ;; ,;,3011111 •-° i ' ''..,-. ''* . ; '*.•:' : ',- -.•, ' .; •-.,..'„ .........tli.*•*;;.- -4':::1, ' " .,„ „.7 ,, ..1A.Q:t.,;:.-,to ‘.--,-,..• . I:. ..ii,,,;y::-.*,.. ', ,,4•,.,...:''.; : , VS, Pt .,..4 ---:.--- . ',...Ln- .!; 4,rn' . .,' ., : ''•';.z.';',:.."..::;11.4'4.!' -,., t I.* ,,..,y.,..7 ,.' :,..: .....;..z.•,.''. ,''',' -.' 7') - ,,,,,i1L''I' ...t•7•1:7.4 ,'. k. .7.•:.1.',..:t:''' .74 4- -- .-,:tjir..."':_ig,s '''''''T'417:t.,•1 ;.:' -"'I'''. .... .•.--','• 4'. '::'.L.";•-''.'7 4"-'•• - •-'•'••-'-''.--A 4% .....4 - _--' _, - .1"1 : 4.k --. . l'''';1- '' '•:::-'r..4..4.. .77-....i.e.:\.,-' .., --‘ 1--,..7.-„,..-''.'. ocal .., - • ;.'",-"--s,,-.:,*..1 .,...' ..-i,...'''.. -v).''''.2. I , •',,,,:"..-'2 :,,,-.4 c,'''' '1:Al.:,,:.... tik,-.:,. .-'. -"• ', •••:. ';•;*:---,-....:...,..77,-: , it4,-;1.-- ,....!' z••1 ... - 7'1;• in i,„:1-. `.i..,.:, 7„.„.i..-- ..e.r.,,-,,,,,, -.7••'' ,,„•/•fr'4%' .:''' ,t,4 _,..„,..-;,:t..--. . .. , •,!..,...: •:.1.;.:.‘:1, :-...A4,:,..41P•;„,,t,•••:•4•1"1,4 ,';'-•Tli :. 4•'•:•,,•...:-%.••4'-': - , r :,..,t,••• ••1 Vt..714. '•:. 11 ;. t'r...••17,1*P•••-•r-'' -.... .-' • 1.4? ''',A. .-- '."- -,Vt1.7'''s• . •,,;:, titgaii,411.,' • ' 7;"1- •'.... 1.41 474'1144 7-,1-7A , * ....,-.-,', *. t il:4`. ±- ...a:,: --- 7., ,,`,:, t'' „:1# • ''‘7.77 '.'.* *,, 1,'::...c 11 '....-..''I:•''':'''`. ..-4 ..--i.''.'...:::1‘..;'..(.- ! ..7:.'' .,, ,.::,.47;::°''.. .-:•. ' ,',,:j' ' ' ••1,..':‘• ",-Sf' --,1.-- :.: - r''`,. ''''''..,•?"!•:„...."' •- • te 1 :''''',..47,-;,i'''•:- . t` .., 1 e" 'kr'- .. ' ... -7.14 v $ 1, 1 .` „`" •'174`".:i -- 11-....,`3',,, „, -,....•,,e''' --';* '4.. •-''...,..--..- ,, TS-2014-28 Niagarafalls - August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-28 Barker Street between Carlton Avenue & Corwin Avenue Parking Review RECOMMENDATION That a parking prohibition is established on the north side of Barker Street from Corwin Avenue to a point 75 metres east of Corwin Avenue. EXECUTIVE SUMMARY The recommended parking restriction is supported by the two abutting residents to mitigate concerns with parked vehicles obstructing sight lines and damaging the grass boulevard. BACKGROUND A parking review had been carried out on Barker Street between Corwin Avenue and Carlton Avenue. The request was initiated by a resident who expressed concerns with parked vehicles restricting sight lines and experiencing difficulty when exiting their driveways, in addition to vehicles damaging the grass boulevards. Barker Street extends in an east/west direction. The section of Barker Street between Corwin Avenue and Carlton Avenue is approximately 7.0 metres in width and consists of a grass boulevard and a concrete sidewalk on each side. The area is residential. At the present time, parking is restricted on the south side of Barker Street between Corwin Avenue and Carlton Avenue. ANALYSIS/RATIONALE Parking questionnaires were delivered to each household on this section of Barker Street requesting the homeowner's input as to the preferred parking regulations. Approximately half of the petitioned residents provided a response, though an overall consensus was not obtained. Although the response rate for the entire street was low, responses obtained from the two homeowners on the north side of Barker Street immediately to the east of Corwin Avenue revealed a strong desire for a parking restriction. Thus, to ensure unobstructed visibility for these homeowners, Staff is recommending that a parking prohibition is established on August 12, 2014 -2- TS-2014-28 the north side of Barker Street from Corwin Avenue to a point 75 metres east of Corwin Avenue encompassing two properties. Approximately eight (8) on-street parking spaces will remain on the north side of this road segment between the end of the proposed parking restriction and Carlton Avenue. The two property owners where the restriction will be implemented are in favour of the parking prohibition. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2014 General Purposes Budget. The estimated cost to install the signs is approximately $200. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: • d %�` r._i' Karl Dren, Director of Transportation Services i Respectfully submitted: Ken Todd, Chief Administrative Officer t -.yi"'c- ,r . y» S;µ- E 7}S; +� ' r }kG1. .1-• 4,-4,•,-1---- 4 "- t _,' 2 t L ,� a p s f i`fi ,+ aY is ''.s.117/1 3'_� .. r. in.: R j' , , � Jr' .P�'L , -Y1'1 t : 'SR+' xt „q, s`'t yiri__ 7 v'� xx _ S ; 1 .i 3: 'V''..4.4' n 1 t' ro '. �.1,1,•;.k.11.-61."-.4... .::7- .-.a ' x3h V q s. ,11 • -".,41,4,..„-re..,� r .. .,� r:: � +rrrla: �r `��` �'s" ;,+° C:^.•�` ...x m•.:.F5:k'k�."�- ..vor - -'"`ah>:n, J 1411 0 Y.s.t"-.-----' .rx'.. .g yi 1 t' ti' x},z } c} 0 _ ,z�t..�,q '2 € °a g u' w � `"' ,., d; taIRB P*' .1` a i ? q&- '. -.-,1,..1;,,J. ��` :,....7.P......* -'k iit y.. . Volt,p ;' `.: i oa '' 'try tit-...g .S 31 t7YiT.; =/ d M%,.' f • aS.' =.;:',' �� t �' :�R't -,,,z,„-..,:„: y C s Fr " 4. •. ■ pox a a'A � �' 5 Co a�?,�'4r Aa„'Y3. y. .. _ z$ Leh,PM s�t, W ';‘,..a.--:::,-..' w; +,• �C f1 1>...: F y rf!^ 4 '.s ` 1 P y x. +14 _ I Li_l a- .. ' • ' ^F. xS.._.:..:..� i:..-:,..it, ;'ko 7_,,, _. -_ — I � * � tux µ fiIII zw rIII ,•.„--"t ii ill ' -nom S `` .w, a=° 3 y k : '• ,«:� 4' �" 3 • ,,r.,•2„;', .••••,- 1111 � �. ' s " {� • k r� X'% - a�� y4pt f x°^f, • «...a:,r ,� ;•",,,,?-`. „s x t . Ya s d 'd .. a r a NI • dcR ! +,' ' t o-� - e'..�yij_ Fr *.4....:!::`-''', , t Frith 7 n; ,,,�N. t §+ a {�a pl- F�'.'`,' -�^ . •fix {' ,r �. C 'S• '•-i- Mh.y.'_7'. �„ •.'t �s�,M,"x 4�4'+-,,.,„74,4:-•,..4-...:"=•.-.i.,=i a, , ' j�':4 • Yf .1,i,„,,, : f � , �° ”nx ' � .., r,.r- . .,'''' . 1 '''''',..r'!'...:' ^ . 'n,,,,,-,- ,,,, -0,..,-.4.,.1 p',.:;.., a,ti, ' #4 ... , 2,..; .,..;40)! 1-i.- ,--.. ,... Nyt .„::::-,,,r,- .,,,,...,- , CD 1— % + (1).kyr sy ▪ (i i :. :•-•:."":;-'—'::4* ; *"k 1 ia *0- '' �f r k "akCO ) = G)a r° : + J-# , ` Lam =Q • CNA LI „ , i :. '`yyI t ++i4'$3 f - :fu '”_ rte,: fft, „. , ,,. ..%, . i llr+ _f« , .t. x ' .z'€ .3l ,,( '' a' _ . $ " `int -- y ,r 'sT -M F e _ V Wac r :`).[terk'tY +zi J. 1a`J ' ":�� x 1.1,.2-:: 4iL }— • < a.• F" .p amrV. Y. •11 � t � 0.\-/ '• ; "x 4e•X¢4-' {t M . .,... .. 7SM -"r! +. e. ..• . , a$I , ry pli ,... .., . ,,, . ,,,,,...,„,. . . „.....,. .;: ..,,,I,. .. , ,. ... .. ,z4 ,,,,d. »* z; , . ; mil �' s i R'� i • t 'x.33• wiU ww :,'rb.'.:. "is '' `. h y. :M .-**""I .. : .„ E,x✓ s kry Gr, ._.sifl TS-2014-30 Niagara,Falls August 12, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-30 Swayze Drive - Traffic Operations RECOMMENDATION 1 . That this report be received and filed. 2. Staff are to conduct a public meeting (PIC) with area residents in September 2014. 3. Staff recommendations for traffic calming will be outlined in a future report to Council. EXECUTIVE SUMMARY Staff is in the process of developing alternate traffic calming plans for Swayze Drive in response to Council's directive and residential concerns. Upon completion the options will be shared with the public via an open house meeting anticipated to be held in September following summer vacation season. Based on the comments received at the public meeting and the technical assessment, staff will recommend the preferred plan to Council. Should there be financial implication related to construction/purchasing costs will be included in the 2015 budget deliberations. BACKGROUND Correspondence was received in August 2013 regarding vehicle speed and a request to install traffic calming measures on Swayze Drive. To address this concern staff reviewed files and carried out studies to determine whether traffic calming measures were warranted based on traffic conditions in the field. The results of the study indicated that a collision problem is not present, however, the operating speed was noted to be 65km/h. Given that the operating speed exceeds 10km/h over the 50 km/h speed limit the area qualified for traffic calming measures under the "City's Speed Control Policy." Thus, to assess residential interest in permanent traffic calming measures, questionnaires were delivered to all residents on Swayze Drive in November 2013. Of the 141 questionnaires delivered 37 responses were returned representing a 26% response rate and an 18% support for speed control devices. Under the Speed Control Policy a minimum of 51% of residents must be in support of installing speed control devices. August 12, 2014 -2- TS-2014-25 As a result of the low response rate correspondence was delivered to residents in January 2014 indicating that the Niagara Regional Police would be requested to carry out enforcement on Swayze Drive, however traffic calming devices were not being pursued due to their not being a consensus amongst the residents. In May 2014, staff received additional enquiries from the same requisitioner requesting staff to reconsider the results of the questionnaire and eliminate the 100+ condos/townhouses from the survey and consider only the 32+/- households. Furthermore, it was identified that there has virtually been no police enforcement. Staff once again reviewed the questionnaire to assess whether there was a consensus if the condos/townhouses were eliminated from the survey. Support for speed control devices was still not acquired based on the responses received only from the single family homes. Council at their meeting July 8 2014, directed staff to prepare a report recommending alternate traffic calming measures other than speed humps as they are not desired by residents. Alternate suggestions were the use of radar boards, stop signs, pavement markings and signs. Furthermore, staff was requested to consider pavement markings and signs for children crossing Swayze Drive. Staff are in the process of assessing alternate traffic calming measures on Swayze Drive. Included in the assessment will be the use of chicanes, rumble strips, road narrowing, traffic circles, radar speed boards, warning signage and pavement markings. Upon completing several options a neighbourhood meeting will be held with the residents illustrating the alternatives. Based on residential input and technical assessment staff will then recommend a preferred traffic calming plan with a follow-up report to Council thereafter, anticipated in November. ANALYSIS/RATIONALE To curtail the speed of traffic on Swayze Drive traffic calming devices will be evaluated and recommended for installation. The process will include meeting with the public and the preparation of a follow-up report to Council. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There is no financial implication at this time. Once a preferred traffic calming plan is recommended the financial implications will be identified. August 12, 2014 -3- TS-2014-25 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. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a new License Agreement with The Niagara Parks Commission with respect to the Willoughby Historical Museum. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . A License made between The Corporation of the City of Niagara Falls as Licensee and The Niagara Parks Commission as NPC, respecting a new License for the Willoughby Historical Museum, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said License Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said License Agreement. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014. Second Reading: August 12, 2014. Third Reading: August 12, 2014. THIS LICENSE AGREEMENT made in duplicate this day of , 2014. BETWEEN: THE NIAGARA PARKS COMMISSION Hereinafter called "NPC" OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "Licensee" OF THE SECOND PART. WHEREAS NPC is the registered owner of lands and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and being part of Lot 16, Broken Front Concession, Niagara River, as shown outlined in bold on the plan attached as Schedule "A" ("Lands"), which Lands include the schoolhouse located thereon, the washroom facilities situated at the rear of the said schoolhouse building, the parking lot and the grounds; AND WHEREAS the Licensee has requested NPC grant it a nonexclusive license to share part of the Lands for the purpose of operating a museum or historical society (the "Works"); AND WHEREAS NPC has agreed to grant such a license; NOW THEREFORE THIS AGREEMENTS WITNESSETH that in consideration of the sum of Two Dollars ($1.00) of lawful money of Canada and such other good and valuable consideration now paid by the Licensee to NPC, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.1 NPC grants to the Licensee a nonexclusive license for five years commencing on the 1st day of September, 2014 and ending on the 31st day of December, 2019 to share with NPC the use of part of the Land described in Schedule "A", subject to the terms and conditions hereinafter set forth. 1.2 The Licensee shall have a nonexclusive license for it, its employees, servants, agents and/or invitees to enter, cross and pass the Lands, with or without vehicles, equipment, machinery or supplies for the sole purpose of the operation of the Works. 1.3 The Licensee shall operate the Works in accordance with federal, provincial and municipal law and regulations. 1.4 The Licensee shall keep and leave the Works in good repair, reasonable wear and tear and damage by fire, lightning and tempest only excepted. 1.5 The Licensee, at its own expense, shall maintain and keep the Works and every part thereof in a clean and sanitary condition and in accordance with the standards set by NPC and all laws, directions, rules and regulations of the federal, provincial and municipal governments and shall keep the Works and every part thereof painted, presentable, and in good order and repair and will maintain, in good order and operating condition, all heating, air conditioning, mechanical, electrical and plumbing systems, together with doors, windows and equipment installed in or on the Works and replace same whenever reasonably required, with the exception of the roof (in which the NPC has agreed to accept the fuii cost and responsibility for its ongoing repair, maintenance and upkeep): provided, however, that these obligations hereunder shall not extend to damage by fire, lightning, tempest or other perils against which NPC is insured. 1.6 The Licensee will do no act which will increase NPC's cost of insuring the Lands. 1 .7 The Licensee shall promptly give NPC written notice of any property damage, accident or personal injury which has occurred on the Works. 1 .8 The Licensee shall promptly give NPC written notice of any defect in the water pipes, gas pipes, heating apparatus, telephone, electrical wiring and building structure, including the roof, and shall be liable for any damage done by reason of water left running from the taps or from gas being permitted to escape. 1.9 The Licensee shall not assign or sublicense or part with possession of the whole or any part of the Works without the prior consent of NPC, which consent may be unreasonably or arbitrarily withheld, provided however, that leave is hereby given to the sublicensing of the Works to such bona fide historical society as the Licensee may elect. 1.10 The Licensee shall not, during the occupancy of the Works, alter or cause to be altered, the locking system on any door giving entry to any building on the Lands, except by mutual consent. 1 .11 The Licensee shall, throughout the term of this License, provide and keep in force a commercial general liability insurance policy with respect to the activity 3 carried on by it in or from the Works with a limit of $5,000,000.00 in respect of any injury to or death of one or more persons and loss or damage to the property of others or such other coverage as NPC may from time to time require. All insurance required hereunder shall be on terms and conditions satisfactory to NPC and shall exclude the exercise of any claim by the Licensee's insurers against NPC by subrogation and shall include a cross liability clause. The Licensee shall, at all times, maintain on file with NPC, copies of current policies and certificates thereof and proof of their renewal and payment of premium. If the insurance premiums of NPC shall increase because of anything done or omitted to be done by the Licensee, the Licensee shall pay the amount of the increase to NPC. if any act or omission by the Licensee shall render the Lands uninsurable, this License shall forthwith be terminated. 1.12 The Licensee covenants to indemnify and save harmless NPC of and from all fines, suits, claims; demands and actions of any kind nr nat.'ire to which NPC shall become liable by reason of any breach, violation or non-performance by the Licensee or any contractor covenant or provision hereof or by reason of any injury suffered by or occasioned to any person or property caused by the negligent act or omission of the Licensee or by any person for whom the Licensee is responsible in law. 1.13 The Licensee acknowledges that the washrooms on the Lands are nonexclusive and are shared by NPC and the public and that NPC will be carrying on horticulture maintenance facilities for its property from the Lands using the garage for such purpose. 1 .14 The Licensee shall pay a license fee of One Dollar ($1.00) per year at the commencement of each year of the term and shall pay, as they become due, all property taxes and grants in lieu thereof that may be assessed in respect of the Lands and all utilities services supplied to the Works. 1.15 If the Licensee violates any of the conditions of this Agreement and does not remedy the violation within fifteen days after receiving notice specifying the violation, or if it ceases to operate the Works, the rights, powers and privileges granted to the Licensee under this Agreement will terminate. 1.16 Either party may terminate this License on six months' notice, in writing. 1.17 Provided, however, that subject to the rights of the Licensee, NPC may use the surface of the said Lands for all purposes authorized by The Niagara Parks Act which do not create a permanent structure. 2.1 The parties acknowledge that this License does not create an interest in the Lands and only that of Licensor and Licensee is intended and they expressly 4 disclaim any intention to create a joint venture, partnership or agency. 3.1 It is understood that this Agreement is only for the carrying on of the Works described and any subsequent variation or extension requires a further agreement or a written amendment to this one. 4.1 Notwithstanding any rule of law or doctrine of equity, all improvements, except those required by this License, made to the Works by the Licensee shall at all times remain the property of the Licensee, notwithstanding that the same may be annexed to or affixed to the Works and shall at all time or from time to time be removable in whole or in part by the Licensee or by its successors and assigns. IN WITNESS WHEREOF the parties hereto have affixed their corporate seals under the hands of their proper officers duly authorized in that behalf. THE NIAGARA PARKS COMMISSION Per: Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Mayor Dean lorfida, City Clerk CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a new Licence of Land with the Minister of Infrastructure respecting the use of the Hydro corridor adjacent to the Convention Centre lands for aesthetic maintenance purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . A Licence of Land 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 a new agreement for the use of the Hydro corridor adjacent to the Convention Centre lands, for aesthetic maintenance purposes, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence of Land. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence of Land. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014. Second Reading: August 12, 2014. Third Reading: August 12, 2014. LICENCE OF LAND BETWEEN: HER NI st.IESTY TIIF. Ot'EEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF I\FR:ASTRU( FF RE. hercinaft,�r called the 'f_icens„ii-- -and- FIIE CORPORATION OF 114F (-IT\ OF N!.t(::+RA F:+LLS (hereinafter called the "Licensee"� RECITALS: A. Her Majesty the Queen in right of Ontario is the owner in tee simple of certain lands located in the Cit. ofNiagaraFalls_in the Regional \lunieipalitr of Niagara,described ds part ot Lots l4 and 15, Registered Plan 41. Part of Ranges I thnwgh 6. Registered Plan I. and Part of Township Lots 100 and 171.Cit orNiagara Falls further described as Pars i 1. l 13 and i_ on. Reference Plan 9R-1 rid\ and attached hereto as Schedule A thereinafter reined to as the -Lands') IT The Licensee acknowledges that the fee simple interest in the I ands vea; tvinste r::d [ ! I Ter Majesty the Queen in right of oncuro puts_ant 1 d-i I the q)�{_ S.O. 1908,c.15. Schep. A,as amended )the -Acte)and that pursuant to section 1 i lSt . „l the Act. Hydro One Networks Inc_ has the right to use the Lands to operate a transmission nsmission Scj.stem or Distribution System C. Her \lajesty° the Queen in right nt Ontario contrm-• that ata authortz.cii signing .,dicer t Ontario Infrastructure and Lands Corporation t"OILf C'''J has the authority to execute `his I teen. on behalf of 1ler Sfajesty the Queen in right of Ontario. and Her \lajcsty the Queen in right id Ontario and OILC are and shall he bound br all the I icensor'' cotenants. representations and 55 urranties as provided herein. D. The Licensee has offered to purchase for consideration a Licence to use the Hinds together with all existing facilities of ingress and egress for the Lands, for the purpose of a Park Licence permitting the Licensee to aesthetieallr maintain the Lands to complement the adjacent lands being the Scotia Rank Convention Centre thereinafter the"1 se"i. IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration,the Licensor and Licensee hereto agree as bollouus: Definitions: 1. As used in this Licence,the following terms shall have the following meanings: (a) -Authority” means any governmental authority. quasi-governmental authority. agency. body or department whether federal. provincial or municipal, having jurisdiction over the Lands,or the use thereof. I ION!File-4:Niagara Falls C hj `Business Day- means any day on which the Ciovernment of Ontario rail-mails conducts business. "Distribution System`shall have the sante meaning as Jetine,i in Aaryl the purpose .,f this Licence includes any part of a Distribution System located on the Lands. id) "Environmental Contaminant' means±i1 any substance which. tchcn it eyi�ls Ili_ a building or the water supplied to or in a building_ or when is release.) a building or any pan thereof or into the water or the natural ens iron ent. is likely to cause. at tura time, material harm or degradation to a building or ;,lir iota thereof or to the natural environmental or material risk to human health. and includes, without limitation, any flammahlea. explosives, radioactive materials. asbestos. lead paint. PC13s. fungal contaminants (including stich).hotres charra um and other moulds,. inercnry Gild its compounds. d atolls .airs. chlordane tDDT). polychlorinated bipiicnr Is. chIorotluorocarbons i('Ft'sthy dr.)- chloroFluorocarbons (11Cl'Csi. volatile organic compounds ts,Ot_sl. urea formaldehyde foam hrsuiation, radon gas. chemicals knoasrt to cause e,nicer or reproductive toxicity, pollutants. contaminants, hazardous wastes. torn or noxious substances or related materials. petroleum and peLulcum products. or ii ,. s�il'stillrl;l; declared to lIc' hi'azaldous or Loalt: underarts L fro iromnemai I i o., now or hereafter enacted or promulgated hr any Authority. or iii 00th ,H a. lei -Environmental Laws" means any federal, provincial or local idrs_ St-i•.rile. ordinance, regulation, policy, guideline or order and all amendments thereto pertaining, to health. industrial hygiene_ environmental conditions or Environmental Contaminants, including. without limitation_ die Fr i'irrn^.rr„,nt,;i Pr'otecnr'r, Act. R.S.O. 1990, e. 1_.]9, the Err 010"nrerual Assessment ,(ca R S.f. 1990. c. E.18, the Ontario Wates, Resources -Act. R.S.O. 1990. c. (1.411_ the Oeczrnatiortul Health arid Sateti Act, R.S.O. 1990. c. 0.1. the Sate Act. 200_' S J._2002. e.3'. and applicable air quality guidelines. as such t:acmes. regulations and guidelines may be amended from time to time i `Licensee- includes the successors and permitted assigns el the Licensee_ ) ! "Licensor., includes Her ylajesty the Queen in right of Ontario. lni astruetare and Lards C orpsration and the successors and permitted „issiens lite Licensor "Permittee- means any existing or ..iontemplated tenant. subtenant int ttet. licensee. permutee, mortgagee_ grantee. security holder or other person IleIL dine any competent authority. -Transmission Systeme shall have the same meaning as defined in the Ac. .�,. for the purpose of this Licence includes any part of a transmission ss stein located iron the Lands. Grant of Licence.Term and Fees Me Licensor hereby grants permission to the Licensee. on a non-exeiusiye basis. to use the lands together with all facilities of ingress and egress for the purpose of the i se tar a term of FIVE (3) years commencing on the la day of May_ 2014 (the ".Terni-). and subject to the terms and conditions set out in this Licence and which the Licensee herein accepts and agrees to perform,md abide by. 3. For the permission granted herein,the Licensee shall pay to the Licensor a Licence Fcc in the nominal stun of FIVE_dollars($5.00), for said Germ. 4. (a) The Licensee shall pay to the Licensor within thirty (30) days of written demand,in addition to any other monies payable hereunder during the term of this Licence or any extension thereof, an amount equal to FIFTY percent (50 of the amount which the Licensor, in its sole and absolute discretion. but acting reasonably, determines represents the reasonable allocation or assessment of :1CrAi rat,= A.)aa_za Falls C 632_I-2351 annual realty taxes or grants and'or payments in lieu thereof applicable to tine Lands as owned by the Licensor and used by the Licensee pursuant to this licence for the purposes stated herein. i h l The Licensee shall also pay to the Licensor within thirty (Ti i days 15 their demand. in addition to any other monies payable hereunder during the ;emit orf this Licence or any extension thereof, any additional taxes. grants rates. t es or other assessments or payments in lieu thereof' that the Licensor_ in its silo and absolute discretion. but acting reasonably_ determines represents the reasonable allocation or assessment of such charges or levies applicable to the i .irds .as owned hr the Licensor and used by the Licensee pursuant to this I.ieenu; for UT:- purposes epurposes stated herein and attributable to the I se. �. he Licensee agrees that at the L.icensor's option. the method ul payment Hr the I icetru Fee shall be by Pre Authort<ed (obit Payment directly to the I ieensor-s bank account a> specified from time to time. and further the I_ie 1,ee shall pro' ide. in addition to this agreement, a duh executed Payer's Authorization for Pre-Authorized Doha form containing all required information to initiate tins method of pa'.meat nLr the I ethis Licence and any renewals thereof. ii. lite Licensee shall pay all applicable taxes on any and all payments. it required,is Lto.. 7. II the Licensee or erholds after the expiration of the Term or this Lieenee and tale Licensor thereafter accepts the Licence Fee For the said period of isoerholding. tlx: Licensee shall hold the Lands as a monthly tenant onh. at a Tate equal to Litii of the Licence Fee payable during the last month (or last year whieherrer is apphcabiei of the Terra but subject in all other respects to the terms and conditions of this Licence ertd the Licence shall be terminable by the Licensor on thirty Ido)days prior written notice [;se of Lands The permission granted herein does not confer any rights in regard in am Innis and roadways which are not under the Licensors jurisdiction and control. u tat The Licence is subject to the primary right of !Lire,One Aet.yor-Ts Inc t: rise the L.ands to operate a 1 ransni issi on System or Distribution hr steam pi::ro.i'...11 .. section 1 14.50)) of the Act. to the subsurface easement in tar our of I Liirti gine Telecom Inc. and to all leases. subleases. casement_ lieences. permits riHas use or occupation, secondary- uses or other rights no w eyisntt Iger renewed or extended or entered into by the Licensor or I lydro One vetrtrirss inc.. and despite anrthing to the contrary_ it is agreed that the Licensor and i lyilre i1ne Networks inc. hereby reselre the unrestricted ritithi. in their sole i1.. nitinoiti any claim or compensation to the i Teensee. to reneW cyte id, issue on r,Inr .etre t rights aforesaid on terms and conditions entirely satisfactors to the 1 ieeti sir IIsdro One Networks inc. (hi For the sake of clarity, and in no way limiting anything in clause ). the Licensee explicitly acknowledges and agrees that Hydro One Netv',orks Inc. ha., first priority to use the Lands for the purposes of transmission ,tint or distribution and that this Licence is subordinate to that prior and primary right of ITL-dro One Networks Inc. 10. the Licensee acknowledges that no representations or warranties has e been made by the licensor, or anyone actino on its behalf, as to the condition or or title to or the use or Zoning of or with respect to any other matter or thing in connection with the I ands or as to the performance of an} parts thereof or as to the presence or absence of h:vardous substances on the Lands including, without limitation, urea formaldehyde Beam insulation and any Environmental Contaminant. The Licensee acknowledges that the- hands are licensed on an"as is,where is"basis and without any representation.warranty_ens errant_ or condition as to title,description, fitness for purpose.or use.zoning, physical condition. environmental condition, soil condition, quantity, or quality thereof or in respect of Jr, other thing whatsoever and the Licensee shall complete the Lerm of this Licence or any extension thereof without abatement of the Licence Fee or any other claim in respect of • Hoot Pilert `iagarl Fdlls C 532 t-235t �1 the Lands or the use thereof. Ilse Licensee acknowledges and agrees that the i.ieensor shall not ha required to undertake any work vvhatsoev'er with respect to the Lands. _ If air part of the Lands is used thr surT!u; poking or parking for motor'chides ienien L not intended to latish arts requir ments of the Municipal toning iBc Care with respect to the Licensee's use of its lands and if at any time during the temi i i this i.iecnce the parking 4 motor vehicles becomes coverage parking or parking id.hich is necessary to smistze any requirement . the iltrilietpial By Law. then this i null and roid and the use of the Lands will he subject to ness documentation and renegotiation of the Licence fee. Licensee's Covenants Rid 1 he Licensee shall. except in the case of einer encs, before commencing am work authorized by this Licence or intended so to be. divd tothe Licensor 3 critise:orto,. Business I)ai s prior written notice, and in eases of enieruene such Pre'lou_ reasonabie possible, and during any construction work, repair and ma nterr_utce the Licensor and or Hydro One Networks inc. may have its their representatives present. fi+r {.rose time and necessary expenses the Licensee shall pay on presentation of invoices therefor. 3 i'he Licensee shall comply with all pro'Ill ins Of lass', including, without !Imitation; all federal and provincial legislative enactments. rnunieipal br-laws and any ether dov ernmental or municipal by-lone. regulations and orders that relate to the lands. tire icence or the exercise dr of tIr ght .bhp do in the Licence;herein ;- united. 14. the Licensee shall comply with the design standards of Hydro I The Networks Inc._ Canada Standards _Association Standard C the "Safety Rules and Standard Protection Code" of I is;iro One Networks Inc.. The Occripcational Lig a t-r ars r R.S.O. I dot) and any amendment thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. lar dile Licensee shall rase its continuing efforts to ensure that it shall Ion except a Csp, 'iv n,rtttil, IJSCor permit - Lands for any ti :-itis. noxious or offensive Jetta vitc: and iii', do or bring anything or peonti anything to be clone or brought on or about the Lands ',shiclr the i_ieensor n,.a reasoritai g. de-art to he hazardous or a nuisance to aur other Lice;see on the I.ands. .applicable. or .iris other persons pet-mined to he on the Lands_ hi The Licensee shall not store. Hrind or permit the pres;enee of am En,irun.r ental Contaminant to or on the Lauds except it such is required for the Lie, s the Lands as permitted Hy this License. and then onir if the License is in strict compliance with all lairs and requite nrents of all relevant .Authorities, including_ ry idiom limitation. Environmental Lanus.Occup atiortal health and strict,: laws. regulations.requirements. permits and br-lass:s. le) If the Licensee shall bring or create upon the Lands, any Environmental Contaminant contrary to the terms of this Agreement. then such Environmental Contantinant shall he anti remain the sole property- of the i.ieensec and the licensee shall remov e sande_ at its sole cost and expense as soon as directed to do so by any authority-. or if required to effect compliance with any Ens ironrtental Laws. or if required by the Licensor and,or Ontario Hydro Networks Inc_ if uric such Environmental Contaminant is not removed forthwith by the Licensee. the Licensor shall he entitled. hut not required.to remove the sante on the Licensees behalf. and the Licensee shall reimburse the Licensor for the cost and expense thereof_ i di In addition to and without restricting any other obligations or covenants herein. the Licensee covenants that it will: comply in all respects with all Fnr ironrnentai Late,relining to the Land,. or the use thereof_ ill) promptly notilr the I_.icensor in writing 01 an. notice totui'ally :Aut,u-i:, alleging a possible violation of or rcikh respect ti, an; other maidi imolvtng an; Ian,ironmental I invs rcl.ttine to the 1. rids. or relating mo„ person on or about the Lands for whom the Licensee is in Tari redo treibie or ars notice frorn any other part} concerning inns release or alleged release of any 1_nvironmental Contaminant from the I.ands: promptly notite the Licensor of the existence at aur i_m.rot-menta Contaminant on the lands to the extent released deposited. .laced or used upon the Lands by the Licensee or am. person for whom the Licensee i> responsible in lays:and iv) provide the Licensor and Hydro (Inc Networks Inc. rroh conies of ',id environmental studies and reports thin it possesses or enters Min respecting the Lands. 1h In addition to and without restricting any other obligations or covenants e.,tu:nned her_i t. the Licensee shall indeutnils and hold the Licensor and I-Isdrn one Networks loci harmless less at all times front and against any and all losses, damages.penalties. tines. fees and expenses(including legal tees on a solicitor and client basis and consultants' lees and expenses)resulting from: a) ani breach of or non-compliance with the foregoing en\ironmentai co;crian:< the Licensee: and (h) an; legal or administrative action commenced by. or claim made or notice from_ an; third party, including. without limitnion. any _-luthorit_r. to or against the Licensor andlor Hrdro One Networks Inc_ arising from the introduction ,tl En;ironntental Contaminants onto_ or the release of Environmental Contaminants from, the Lands by the Licensee or those for rshont it i; resporisihie in bias. including any and all costs associated with air quality issues. .. Ile I.icet sec shall not in any way use or trespass on an; L icens r s (ands adjoining the Lands. !SI. Lite Licensee shall not pile snow on the Lands or an; of the lands adjoint the I.:;s.1s which world result in piles exceeding two metres ib.-1; tt..1 in height or bei 1. o... eight incites (20.2 tt.) [Font an; of Hydro One Networks lnc. s Ikansmissi t `-'stem, .n Distribution hr stein. in the er cnt of the Licensee acting in breach dr this eiindition. the Licensor may remove any such pile, and the Licensee shall pay to the I.icer or forthwith upon demand all costs of the Licensor for the removal of any such pile of snow. I ). The Licensee. at its own expense. shall remove snow and ice from ani hub -c L's abutting or included in the Lauds. if such removal is required by an; municipal he Pit. the Licensee shall grade and resurface the hands. provide suitable drainage and designate areas within the Lands for access, ingress and egress_all at its own expense. in order to properly maintain and operate the Lands for the Use. 21. The construction or location of all improvements and structures and the .grading and planting of trees on the Lands is subject to the prior written approval of the 1 iccnsor anti Hydro One Networks Inc. 22. In the event the Licensor considers it necessary that fences or barriers be installed or an; part or parts of the perimeter of the Lands or around any of the Licensee's installations. the Licensee shall install such fences or barriers at its expense according to the specifications of the Licensor or I lydro One Networks Inc. 23. The Licensee covenants and agrees that the Licensee, its uses. works, installations. equipment. improvements, property and Permittees shall not in any Trac interfere with. Ir>Nt Ftle=.'Jia€tarn Faris 0 obstruct. delay or cause ins direr inelheioncies to any skims 01 the t icer>t'I ,,_r the Licensor's Permittees. or to the I ransnitsstott Ss-stein or Distribution Ss sto m i. 1_„ On U„irks i _ . One L_•. ie. ii�iw ,li hCrc,ai:Qr evtt>ti�UCicd or �'t�ili..itiplareu U[l, lu CSC In respect of all imy portion of the Lands Dail time to tune. and without :..'•.litl_' the eenerality of the fore_0ine. the Licensee shall ensure: that the height vehicle. load or other object_ includintt attachments. or people standing' thereon near Its !ro t)ne \etssorks Inc.-.s Transmission mission System or f)tsirihution System does not. exceed i.` !IT aldose the eV<thie ortide. P1. u} the Licensee shall maintain the Lands and ams of the t_ieensee's inshtdiations thereon in a neat and tidy condition satistactots to the I.teenscr ib) Upon termination ol this Licence, the Licensee at its own expense stall ret'o e :ins- of its installations and facilities from the I m,ds mod restore the 1 anis to a iso dition satistliefors to the i.teetlssr. unless [notified of \\'Intl-' h', ie f.'eel's!It) the contrary. If the Licensor provides such written notice to the I teetse.. all improvements to the Lands shad heeonte the property of the Lie sdr s'itlo LII u>SL. Default 2". If at am. time the teese ee or a ., otHr innonnt ;;:tlto het-Hinder is . . t when due, the Licensor shall provide ssiatten notice to the I eettree of such arrears aro: the Licensee shall hose ten t ItH consecutive class Pontrthe deliver of such notice o thin hick to pas SLICK arrears. tailing oiliest the 1 icenst:!r this tcrnnitale this I i e:tee without any further notice. .b. In the event of detauit in payment of any amount due by the Licensee hereunder. interest shalt accrue and be pa' iltle on such amount at that rate of interest per:lnnout posted and charged from time to time by the Plinister of Finance, compounded monthly until paid_ Acceptance or aids. overdue payment or interest shall not constitute a V,:11 es Of;AN:, rights or remedies that the Licensor max have hereunder or at lass. __ In the es--ut of de:lault of its of the terms or obligations in this Tieenge hs2 the I is its de .the than payment of lid's :unount dile 'lereu der. the Licensor illi pros ss men notice io the 1.ieeusee specilss ion the deiallli, and li the. de tatliI. is not remocha.l i II adequate and suflieient measures ore not beint, taken to satisfactorily rerned. Lite same vwithin ten i t ctliseetitise:lana ot the deli-secs of the notice.the Licensor ata, 'e t 'mate tilts Licence immediately upon the eypirauon of the ten 11 ;its period Nore_aad without any turther notice. iljtt. in the event t0 ❑,y det„ilt of the I leetnee in performing aits s ik. rep _r obligations or I.ieen_ee under this t.icettce . r making, ane payments due or claimed due hr- the Licensee to third panics_ the Licensor mils pe tIsrm any such y,nrk repairsor . other uhf o a_ions Lteen ee or Indic ani pay merits doe or claimed t„ he due is tine Licence to third parties, and without being in breach of any of the r_,censor's covenants hereunder and without thereby being deemed to infringe upon an, of the Licensees rights pursuant hereto. and. in such ease. the Licensee shall pay to the Licensor forthwith upon demand all amounts paid by the Licensor to third parties in respect of such tietault and all costs of the Licensor in remedying or attempting to rentedany such default. Right to Enter or Terminate 29. The Licensor roserves the right to inspect the I ands at any time. If in the opinion or the Licensor or Hydro One Networks Inc. the Licensee does anything or permits anything to be done on the Lands or the adjacent lands of the Licensor which mavbe a nuisance. cause damage, endanger or interfere with access for the hransrnission St stem or I)istrihution System of hydro One Networks Inc. or he considered dangerous Or offensive by the Licensor or Ilydro One Networks Inc. acting rea onahiv. the Licensor may at the Licensee's expense, tbrthwith remow'e, relocate or clear the offending work Brom the Lands andlor the I.ieensor's adjacent lands '.without being liable for any damages caused thereby and the Licensee shall reimburse the Licensor for all expense to the i{CilIii!; Also-tri:':Ins C° ` thereunder or intended so to he, and the Licensee shall at all times indemnify and sake harmless the Licensor and its successors. administrators. permitted assigns. dirk-chats. officers. employee, .gents. servants. representatives. appointee's and all ushers foo whom the Licenser is responsible in lavv and Ittdro one Nemorls Inc. and its aftlliates and their respective successors. administrators. permitted assigns. hitectars_r.'ILeers. en plotemplot cies. agents. servants. representatives. appointees tees and all others 1-- others for whom hydro One Networks Inc. is responsible in lass from and t tins: l .such loss, darirage_or injury and all actions.suits. proceedings_costs charges_ damages. expenses. claims. or demand; arising theretiaim or connected there= the Licenser expressly recognizes and acknowledges that Hr drnEL dro One Act':works Inc. has installed and maintained or has the right to install and maintain a trtsnussion Srst_m or Distribution Sr stem on the Lands,and as.0 n:es art and all risks associated wyith its proposed retinitis, in such Jose pi +.\imity i such systems_ Notwithstanding the above, the Licensee shall not he liable hereunder far loss.damage or Minty t7 the extent that it arises froth the att+ss neclieense at the Licensor ear I{vdro One Networks Inc. the Licensee shall at its awn expense. arrange and maintain a Iiahilitr insurance policy satisfactory to the Licensor in the minimum amount of Flys Aliliir-a (`15,.00U.00U.00j dollars in order to indemnify the Licensor and Hydro One \ctwcorks Inc. as provided in subsection 33(b)of this Licence. byre Licensee shall pas ant and all deductibles with respect to ant claim arising thereunder Such insurance shall (ai name ]Ier \lalesty the Queen in right of Ontario. as represented by the Minister of Infrastructure and O11.0 and Hydro One Aetre irks Inc. as additional insureds. (H contain a cross liability clause, and let spectis that it is primarc coo crape and not contributory with or in excess of any insurance maintained by the Licensor or Hydro One Networks Inc. A certified cops of such policy or satistactors certificate in lieu thereof shall he delivered to the ! ieensor prior to the commencement of the Ferns and any extension thereof. :.}_ In order to induce the Licensor to grant this Licence and fur other good and saitrabic consideration tthe receipt and sufficiency of which is hereby acknowledge-di_ tore ! icensee on behalf of itselb its successors and assigns.hereby r �cascs and torcysr discharges the I rcensor and Hydro One Networks Iliad aria each of their respective successors and assigns. from ant and all actions,cLitue;a! action. _'ams and demands for damages. loss or injUry. ows_err cr groin«. «hicir her...oHr:: iva\ tett. been and Whish rnaw hereafter be o,statne 1 ht'he Licens,.e. its susses.rvs and assigns, in respect or in consequence ot the termination of this I is-nice r vthole or in pat(sl, as the case play be. including all damages .'gore scribed is well as all damage, lass rrr injury not now known ar anticipated but ti bleb may arise in the future and all effects and consequences Ihereo(r int a,_ ees not to make inw claim or take any proceedings against any other persar: c t'pc au-mi. Otho might elainr contribution or indemntts under the common an or under the prnyisions of the .Vetkliperrep :-1st and the atnendrnents thereto from the l icensor or I lydro One Networks Inc._ and c l agrees that the Licensor and I I}dro One Networks Inc. may plead this Licence as an estoppel Assignment Ilse Licensee shall not assign. transfer, sublease. para with possession or dispose of all or any part of the Lands or this Licence or any privileges or interests hereby granted to it without the prior written consent of the Licensor, acting reasonably. General 3o. I his Licence and any information or documents that are provided hereunder may he released pursuant to the provisions of the freedom of Ill ormatiorr and Protection of Privacy :Ict, R.S.O. I990, c. F.31, as amended and the Municipal Freedom of [nM-mutton and Protection of Privacy Act. R.S.t"l. 19911. c.Nl.5P. as amended. if fly.iitd Kdk(.6'- t- 9 applicable, respectively. This acknowledgement shall not he construed a:- a stint or ark right to object to the release of this Agreement or ot any information or ti,commits. he failure ot ark party to exercise ark right, povf el"or option or 10 Cr-11011V ;Iny remedy Or to insist upon the tttrict compliance \icitli theterillt, eondirions and WhiCI 1111,S- lic,211ce shah not constitute a wak er of the terms, conditions and aovenants 11,2rt2M1 s ith respect to that or any other or subsequent breach thereof nor a 'a Cs or hs that party ark theroatior to require strict, complianee with all tenon. conditions eotclients hereof including the terms_conditions and covenants tt,ith respect io s.t Inch the ititirty has failed to exercise such right. [toy,er or option. Nothing shall be construed or ha c 1hC ettcct Or a waiver except an instrument in o ruing signed a dilly ;11.1111C,:i t',k2',2r the applicable pally which expressly stair a right pii\aer or option under ihis Liceihte. .77S' !he Licensee and ark of its successors, administrators. permitted L,S11_2FIS, and appointees shall not entiag,tt Itt am aetivity ss here such activity creates a conflict ot interest, actual or potential. ill the sole opinion or the Licensor. with the L.ittenee or the exercise of any or the rialits01 ortligations of the Licensee hereunder. f he Licensee shall disclose to the Licenrfir in writing and without delay ant actual or potential situation that mu\ he reasunititly interpreted as either a conflict of interest or u potential conflict of interest. Lor clarification. a -conflict of interest- merms. la to the nctifiginant., ‘.01_0 contractual obligations pursuant to this Licence. the Licensee's other conitilitillentS. relationships or financial interests ti) could or could be seen to exercise an improper iriii,iCricc Os ci tile ohiectis c. ubiased arid 111.1pArtiai exercise ol I:,indeptimem intinmentt or h could or could be seen to compromise. impair or he incompatible mill the electit performance of its contractual obligtitions pursuant to this I icence. 2,t4 Where this Licence requires notice to he delis ered one party to the other. such notiee shall he given in writing.and delivered etther personally. or by pre-pit d registered pi or hr tefecopier. by the party \\1S11111L, to gtse such notice. or Hr the solicitor anti to for shah part: to the other part) or to the solicitor acting tlor the other p001 al the atithissesmiteti helow. In the ease of nonce to the l,iceusor, to It in cure of ti Mtario Infrastructure and hands 4 of-poi-anon Saleso Afoainsitittus i)undas Street West. Suite 24tOtt loronto, l\t*ti 2.1.5 Attention: Patrick Ctrace Director.Corridor lands I eiephonc: t4 lit) 2,27529.sor 327-3t)i and. ht the case LAnotice to the Licensee,to it in eine or: C orporation or the City ill-Niagara Falls 4310 QueenStreet P.() Box Ii iii Nimtara Falls.Ontario 1,2hl(A5 Attention: Ken Reatnrin.Citr Solicitor Legal Services felephone: 905-350-752 I ext.4242 iclecopier: L.)05-371-2892 40. The provisions of this Licence shall he binding upon and enure to the benefit of the Licensor and the Licensee !pot\t iti]ir 5 I-2 lU 41. 'dfo interest in the Lands is heint conoeed ho rhe _ranting_ of this Licence and the Licensee shall not reeaster the Licence or am notice in respect thereof on title without the prior written consent of the Licensor. which consent nr_tx he arhitrarily withheld. 42. This Licence shall be construed and enforced in aea rdance with, and the Heins of the pieties shall be governed hp. the lavAs of the Pro\nice of Ontario and the lards of Canada applicable therein and the Parties hereto treesoeably attoni to the exclusive Jurisdiction at the courts of the Province of Ontario in the event of a dispute hereunder. IN WITNESS NYTIEREOF the parties hereto hat executed tins Licence. `i cd ho the Licensee at this d,n of 4 I`IIE ('ORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: James 2.l. Diodati Position: Ma,-or Per: Name: Dean lorfida Position: Cite Clerk We have authority to hind the Corporation. Sihned by the Licensor at this day.of 20 HER MAJES'T'Y THE QUEEN IN RIGHT OF ONTARIO as represented by THE NllN1STF:R OF INFRASTRUC'T'URE,as represented by,ONTARIO INFRASTRUCTt RE AND LANDS CORPORATION Per: Name: Title: I have authority to bind the Corporation. t 'i> - - 1551 i 1 scilcduic-\-. / a : - --,'... : :,: • "t .' ' '''- ';:':;' i ; 7,-3.- .ir'.:.'3' '-'., .. 3, .', • ., 4., ., ,, -, i':',Iiij',',..i ,. .,-,; =a-,_ •-i‘, - -:,-":' -,-, -,—, ;!. : . i ; 5.-. ..-....'-.f!-;- f• •.•.,-;; ;;,;:f ; •rt •,;,; ;... .....i'' ':•,'lt:'',.: .; -; -,i_:••;;;;;...; • ;;;;•, ; : • ;;;;;;;;;;;;;;;;;- : •;,•.::••- . . ; i • . - - : ;,;.: I- ; • ; • . ., -- ----- ---,-- .- .;.; - -., -It) •_ii ' ' ' - -' - -;' +,-; ; i;,;:t '_• !'_'.-: -11f-_;.ffil;' .':..f.;• • - .' _- _ ---..-L---, ;;•;;;;,;!..:, • , . 1 : • _.;.„ —_-_,„„ - i ;::• •1. ; • ;- . •; • ;;;; •:;tt;„; . ,.. ,_...,,, •;;;, .,..- - , •;:.t...,.....1; ; r,..,-;-,---;,..; " ;;• , :, ;;; -J.,;•t_t--:!--- 1i; --- -- P-i,-;!.."'''';;;•;:1--;;;;;;--;;;11.-0.:Iiii ;-, ; -'-' ;I'- • ' '- ! 14; ;_.•,;;;t r.,,,;. 2.,,,; '-'. ' , , ,,,- 7- !;;-'-f--;-----';itr- - 7,3 ..7.7:71,--7- -., -- - '27,-- — —7.7.---- - :.: 7 I:.!". f __:',.-.- i F.': :7 i'l ;,:'-'-:--,7-_!f.-E:•.:3"Tf:--:::i, ; 7L7/k.7,-. 1• --, i'. ii '`,;;.731.i` ' .E• VV;IV,: ill":'f.,,--.-.,.-_,:-.. - 1 4 / _ 1 I $;'• 3, •.''''•f--'•.-g ' ,1 , ; _ -t- tt.•-•,:;, • ._, ...;;;;•.; 4:'r; "-;-'-''''.t•-;,i.-ji,...:1- : ;-• ,,„ F; ;1_. z.,:t 1 ---;;.•1; , - •• t :';'.•-•-: ;-;;_'• •-•=;-_•=1-7:;-7!--141.1. i • ;., :-- -. ,•... •., - „ iii ,, "•:- . ,i,j , • .. ,,...1 - -F:,--_ :11 _ -- .- 11; - 7 ;7- i',- •.-;•:-• :41.--1;7:-.-;;;;; :---, -- i:•_3„_vic;'-',..7 —- ,,-.'— __-,_,___4_ ....,„; ' 0 ii.:,..:- ,,? ,i„ -: ,. ' ,. -,,v--I i-,',-,-. F,'1 'F., , ''' :-”' rd! ,';',...i -17Y-11-2!-.1,!-,',,,_1._•,.:, '', -,.1., -• ... ' ..,. : -'--,-,'..--- -:?- --='-'....':4•,---___r!: ..', -_, .'''-'1! ., ..,,.-„ -,:m; ,-.2...:''''''fi'li,,T '. ,' -2 ,,,I• ;- 1 : 3-77 Vii 3--fl-21'-•-i 'r 2 r__ ,7 . • •‘,._ i : 11- . ,_ • . ,,-..: -.„; ', z :- ... ... ..i • , . ' :;:;,;41 11,: 1:•-•., -r4 : _ 4._11.1.-.1.1, , - :-• ..: , :3 4 :1 ,!! :1 9.,.. •, ,I..,.;i1,' ',1 ' -..-r: i r --- , T 2'', •:;,'1,','il'i ! 2 ',,. ;'-'-' i ';',F: ., ' • d '-.ii4: t 1. _,_ i 1 1 ill 6.‘ .,,' :,,.-,, ..- -,-. ,- • , !. ' f; --11 ;?- „ •••1„,-:-...; 74.""•,;,Iii H31.2:',f 1:•.'!. Nia_fard.:ails C 632 I-23-21 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the Director of Recreation and Culture and the Director of Municipal Works, or their delegates, to issue Permits authorizing the temporary use of City lands. WHEREAS the Council of the City of Niagara Falls deems it to be in the public interest that the Director of Recreation and Culture and the Director of Municipal Works, or their delegates, have the authority to issue Permits authorizing the temporary use of City lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: i. The Director of Recreation and Culture and the Director of Municipal Works, or their delegates, may issue Permits, in the forms attached as Schedules "A" and "B" to this by-law, authorizing the temporary use of City lands. 2. Schedules "A" and "B" attached hereto shall form a part of this by-law. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014. Second Reading: August 12, 2014. Third Reading: August 12, 2014. SCHEDULE "A" TO: THE CORPORATION OF THE CITY OF NIAGARA FALLS 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 PERMIT RELEASE AND INDEMNITY Re: (insert description of specific use of the property) The Corporation of the City of Niagara Falls (the "City")owns the lands and premises described as insert description iption of property where event is taking place) (tile "Property.); operty.); (insert name of person or company accessing City property), (the"undersigned") has requested the City to permit the undersigned, its servants,agents, employees and contractors, as the case may be, to enter upon and use the Property on (insert dates of use) (the "Dates of Use' ) for the purpose of (describe the purpose of the use of the property) (the "Activity.); The City requires the undersigned to execute this Pet mit prior to permitting entry upon and use of the Property as described. THE UNDERSIGNED ACKNOWLEDGES AND AGREES: 1. The permission granted by the City may only be exercised by the undersigned on the Dates of Use and only in accordance with the terms herein. The undersigned shall pay all costs incurred by the City as a result of the entry and use of the Property by the undersigned and without limiting the generality of the foregoing, such costs shall include any preparation, supervision and restoration of the Property by the City. 3. The undersigned shall he responsible for arranging and providing, at its sole expense, an security and policing which may be necessary for the protection of the Property and the public. 4. The undersigned shall keep the Property clean and safe from damage arising from the Activity and in the event of damage, the undersigned shall inform the City forthwith in writing. The City may repair any damage to the Property or inform the undersigned to proceed immediately to repair same and the undersigned shall be responsible, in any event, for all costs of remedying such damage. 5. In the event the Property is in any way altered by the Activity,the undersigned shall reinstate the Property to its original condition within two calendar days from the last date of the Dates of Use (the "Clean Up Period"). 6. Any equipment, material or other thing left on the Property after the Clean Up Period shall be considered to he abandoned and become the property of the City, to be dealt with as the City sees fit and the undersigned shall be responsible for any cost to the City occasioned thereby, including the cost of its removal from the Property. 7. The undersigned shall deposit the sum of$ with the City, to be held to secure the reinstatement of the Property to its original condition by the conclusion of the Clean Up Pr'riod 8. When, upon inspection, the City is satisfied that the Property has been restored to its original condition, the deposit shall be returned to the undersigned. 9. The Activity shall not require the temporary closing of any highway. 10. The undersigned shall use the Property at its sole risk and the City shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the undersigned or any of its servants, agents, employees and contractors. or any other person who may be upon the Property. for any loss of, or damage or injury to anything belonging to the undersigned or to any other person during the entry and use of the Property. 11 . The undersigned hereby releases and forever discharges the City from any and all actions. causes of action, claims and demands whatsoever, in lay, or in equity, for darnat e:;.. 1:;:;:; Or other injury, howsoever arising, which may have been or may hereafter be sustained by the undersigned in consequence of entering and using the Property, including all damage, loss and injury not now known or anticipated but which may arise in the future and all effects and consequences thereof. 12. The undersigned shall indemnify the City against all liability, claims, damages or expenses of any nature whatsoever which the City may sustain or incur or be liable for in consequence of the undersigned's entry or use of the Property, including liability for injury or damage to the servants, agents, employees and contractors of the undersigned. 13. The undersigned agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury,public liability and property damage satisfactory to the City Solicitor, protecting and indemnifying the undersigned and the City, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the toss of or damage to property occurring in, on, or about the Property with all inclusive coverage of not less than Five Million Dollars($5,000,000.00),such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the undersigned to the City under this Permit and to contain a"cross liability" endorsement. 'Fite said insurance policy-shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City- 30 days prior written notice. The City may, in its sole discretion acting reasonably, require the undersigned to raise the minimum amount of coverage and shall so advise the undersigned in writing. who then shall immediately increase the minimum coverage and deliver to the City within 30 days, a certified copy of the policy or certificate in lieu. in a form satisfactory to the City Solicitor. showing the amended coverage. 14. The undersigned shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to its entry upon the Property. 15. The undersigned shall comply with all statutes, regulations and by-laws of any federal. provincial or municipal authority. including the by-laws of the City. 16. The permission granted by the City shall not be assigned by the undersigned. 17. Wherever the singular or masculine is used in this Permit they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. DATED at the City of Niagara Falls. Ontario, this (insert date). The following is for use when executed by an individual SIGNED, SEALED AND DELIVERED ) in the presence of ) (insert name of witness) ) (insert name of individual) ) The following is for use when executed by a corporation (INSERT NAME OF COMPAN}) Per: Name: Title: -4- Name: Title: I/We have authority to hind the Corporation SCHEDULE "B" TO: THE CORPORATION OF THE CITY OF NIAGARA FALLS 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 PERMIT RELEASE AND INDEMNITY Re: (insert description of specific use of the property) The Corporation of the City of Niagara Falls (the -City")owns the lands and premises described as (insert description :fn property whereevent istaking place) (the - Prepe � ): (insert name of person or company accessing City property), (the 'undersigned") has requested the City to permit the undersigned, its servants, agents, employees and contractors, as the case may be. to enter upon and use the Property on (insert dates of use) (the "Dates of Use") for the purpose of (describe the purpose of the use of the property) (the "Activity"); The City requires the undersigned to execute this Permit prior to permitting entry upon and use of the Property as described. THE UNDERSIGNED ACKNOWLEDGES AND AGREES: 1. The pet mission granted by the City may only he exercised by the undersigned on the Dates of tJse and only in accordance with the terms herein. 2. The undersigned shall pay all costs incurred by the City as a result of the entry and use of the Property by the undersigned and without limiting the generality of the foregoing, such costs shall include any preparation, supervision and restoration of the Property by the City. 3. The undersigned shall be responsible for arranging and providing, at its sole expense, any security and policing which may be necessary for the protection of the Property and the public. 4. The undersigned shall keep the Property clean and safe from damage arising from the Activity and in the event of damage, the undersigned shall inform the City forthwith in writing. The City may repair any damage to the Property or inform the undersigned to proceed immediately to repair same and the undersigned shall be responsible, in any event, for all costs of remedying such damage. 5. In the event the Property is in any way altered by the Activity, the undersigned shall reinstate the Property to its original condition within two calendar days from the last date of the Dates of Use (the -Clean Up Period"). 6. Any equipment. material or other thing left on the Property after the Clean Up Period shall he considered to be abandoned and become the property of the City, to be dealt with as the City sees tit and the undersigned shall he responsible for any cost to the City occasioned thereby. including the cost of its removal from the Property. 7. The undersigned shall deposit the sum of$ with the City, to be held to secure the reinstatement of the Property to its original condition by the conclusion of the Clean Up Period. 8. When. upon inspection,the City is satisfied that the Property has been restored to its original condition, the deposit shall be returned to the undersigned. 9. The Activity shall not require the temporary closing of any highway. 10. The undersigned shall use the Property at its sole risk and the City shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the undersigned or any of its servants, agents, employees and contractors, or any other person who may be upon the Property, for any loss of. or damage or injury to anything belonging to the undersigned or to any other person during the entry and use of the Property. I 1. The undersigned hereby releases and Forever discharges the City from any and all actions. causes of action_ claims and demands whatsoever, in law or in equity, for damages. loss or other injury. howsoever arising. which may have been or may hereafter be sustained by the undersigned in consequence of entering and using the Property, including all damage, loss and injury not now known or anticipated but which may arise in the future and all effects and consequences thereof. 12, The undersigned shall indemnift the City against all liability, claims, damages or expenses of any nature whatsoever which the City may sustain or incur or be liable for in consequence of the undersigned's entry or use of the Property, including liability for injury or damage to the servants, agents, employees and contractors of the undersigned. 13. The undersigned agrees to obtain and maintain third party liability insurance coverage for the duration of the Activity for which it is permitted to use the Property, in an amount of not less than 'Iwo Million Dollars ($2,000,000.00). 14. The undersigned shall comply with all statutes, regulations and by-laws of any federal, provincial or municipal authority, including the by-laws of the City. 15. The penuission granted by the City shall not be assigned by the undersigned. -3- 16. Wherever the singular or masculine is used in this Permit 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 teuninological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. DATED at the City of Niagara Falls. Ontario. this (insert date). The following is for use when executed by an individual SIGNED, SEALED AND DELIVERED ) in the presence of ) (insert name of witness) ) (insert name of individual) The following is for use when executed by a corporation (INSERT NAME OF COMPANY) Per: Name: Title: Name: Title: I/WVe have authority-to bind the Corporation Iwo lei CITY e& �►CANADA NIAGA`�RpF- THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2014 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited,Stop Signs at Intersections) 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 A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Mann Street Both Sodom Road and At All Times a point 40 metres west of Mann Street (2) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Carlton Avenue Both Culp Street and Barker Street At All Times Except by Permit (3) by adding to the specified columns of Schedule C thereto the following items: -?- PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEENTIMES nR HAYS Carlton Avenue West A point 55 metres north of Culp Street At any time and Barker Street Except by Permit Carlton Avenue East Culp Street arid Barker Street At any time Except by Permit Ernest Crescent South and East Angie Drive and Pauline Drive At All Times Fausta Boulevard East Angie Drive and Jennifer Crescent At All Times Jennifer Crescent South and West Angie Drive and Fausta Boulevard At Ail Times Kelsey Crescent West Angie Drive and At All Times a point 90 metres south of Angie Drive Mildred Court Both Kelsey Crescent and the northern limit of At All Times Mildred Court, including the turning basin Pauline Drive West Angie Drive and Ernest Crescent At All Times Tallgrass Avenue East Saw Mill Drive and the southern terminus of At All Times Tallgrass Avenue including the turning basin Tesla Court Both Angie Drive and the southern limit of At All Times Tesla Court, including the turning basin Weins Boulevard East Angie Drive and Jennifer Crescent At All Times (-.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 Angie Drive& Ernest Crescent Southbound on Ernest Crescent Angie Drive& Fausta Boulevard Southbound on Fausta Boulevard Angie Drive&Jennifer Crescent Southbound on Jennifer Crescent Angie Drive & Kalar Road Eastbound on Angie Drive Angie Drive& Kelsey Crescent Northbound on Kelsey Crescent Angie Drive&Mildred Court Northbound on Mildred Court Angie Drive& Parkside Road Northbound on Parkside Road Angie Drive& Pauline Drive Southbound on Pauline Dirive Angie Drive&St. Michael Avenue Northbound on St. Michael Avenue Angie Drive&Weins Boulevard Southbound on Weins Boulevard COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Chemonda Drive& Emerald Avenue Westbound on Chemonda Drive Chemonda Drive&White Oak Avenue Eastbound on Chemonda Drive Mann Street& Emerald Avenue Northbound on Emerald Avenue Mann Street&Tallgrass Avenue Westbound on Mann Street Mann Street&Tristar Crescent Southbound on Tristar Crescent Mann Street&White Oak Avenue Northbound on White Oak Avenue Parkside Road& Kelsey Crescent Eastbound on Kelsey Crescent Parkside Road & Kelsey Crescent Westbound on Kelsey Crescent Saw Mill Drive& Emerald Avenue Eastbound on Saw Mill Drive Saw Mill Drive&Tallgrass Avenue Westbound on Saw Mill Drive Tesla Court& Kelsey Crescent Northbound on Tesla Court Weins Boulevard &Jennifer Crescent Northbound on Weins Boulevard This By-law shall come into force when the appropriate signs are installed. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to designate Lot 26, Plan 137 and Block 'A', Plan 59M-70 to be deemed not to be within registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990 (DB-2014-002). 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 plan of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O. 1990; AND WHEREAS the said lands are within plans of subdivision registered in 1952 (Lot 26, Plan 137) and 1978 (Block `A', Plan 59M-70); AND WHEREAS to facilitate the legal merger of the subject lands, 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 lands 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 26, Plan 137 and Block `A', Plan 59M-70 shall be deemed not to be within registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 S:\DEEMING BY-LAW\DB-2014-002,Waters Ave at Bonnie St\Deeming Bylaw wpd CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 78-26, being a by-law to designate 5810 Ferry Street, known as the Old Stamford Township Hall, to be of cultural heritage value and significance. WHEREAS By-law No. 78-26 designated the former Old Stamford Township Hall located at 5810 Ferry Street to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a), the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law 78-26 be amended by deleting Schedule "A" thereto and substituting Schedule "A" attached hereto. 2. That By-law 78-26 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 3. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 4. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: - August 12, 2014 SCHEDULE "A" to BY-LAW NO. Plan 653, Lot 4, Part of Lots 8,11 & 13, City of Niagara Falls, Township of Stamford. SCHEDULE "B" to BY-LAW NO. Description of Property — Old Stamford Township Hall, 5810 Ferry Street The Old Stamford Township Hall is a two-storey civic building located at the south west corner of Ferry Street and Sylvia Place. The building's eclectic Italianate appearance changed little over the years. Statement of Cultural Heritage Value or Interest In 1873, the Stamford Township Council ruled in favour of the creation and financing of a township hall. Enlisting noted architect and contractor John Latshaw, the purchase of a 100 x 156 ft. lot was made for the building's construction. The Township Hall was erected the following year in December 1874. Due to its size, the Council rented out space in the building to the local community, reserving the ground floor for Township use. The basement was let to the Drummondville Fire Department which was housed there until 1913. In 1876, the Drummondville Concert Band began using the hall's stage and auditorium for practice sessions. This began a long tradition in local entertainment,i ent, as the stage and auditorium became the setting for concer ts, socials, plays, religious meetings, and even school classes. In 1881, the neighbouring Town of Clifton changed its name to the Town of Niagara Falls. The following year, the Village of Drummondville became the Village of Niagara Falls. During that time, the Township Council signed an agreement with the Village of Niagara Falls for joint use of its premises. However, in 1904 the Town and Village of Niagara Falls amalgamated to become the City of Niagara Falls, and opted to use the old Clifton Town Hall located on Queen Street at Erie Avenue for its political affairs. After unsuccessfully trying to sell the building, the Stamford Township Council retained ownership until 1963 when it too amalgamated with the City of Niagara Falls. In 1971 , the Lundy's Lane Historical Society was given the Township Hall for use as a museum of City and Township history. A large scale restoration project was conducted in 2010 which included the addition of a two storey structure added to the building's west elevation. Several aspects of the original building were restored, including its roof, windows, and masonry. The Old Stamford Township Hall is two storeys, with a symmetrical, three bay façade. Its exterior is limestone laid with ribbon pointing. Designed with a high basement, the foundation of the building features a base string course made of larger ashlar masonry. The hip roof is high-pitched and features gable ends on the north (front) and south (rear) facades. It is covered by cedar shingles, believed to be an alteration from the building's original terne-plate roof. The roof cornice and overhanging eaves are supported by decorative brackets and are accentuated with wooden dentils. A gingerbread feature is set into each gable. Four red brick chimneys project from the east and west sides of the hipped roof. The south east chimney was rebuilt as part of the exterior restoration and renovation project in 2010. The roof vents, similar to those originally built on the structure, were replaced during 2010 renovations. Evidence of an internal gutter system was found during the restoration. It has since been replaced with an external metal gutter attached to the eaves. _ On the north (front) facade, the central entrance is flanked by two windows. The door features a divided transom, and a semi-circular window originally containing the municipal coat of arms. The front entrance has a segmental arch composed of stone voussoirs and keystone with a date stone just above. All the windows on the north (front), east and south (rear) façades were removed, restored ed and re- installed during the 2010 restoration. The first floor windows are double-hung, 4 over 4 wood sash in segmental arched openings. The windows on the second floor are round headed 2 over 2, and shorter in proportion. A variation of a Florentine window is located above the entrance door and is repeated in the gable above. The east facade consists of six windows on the first and second floor. These windows have segmental arch openings with double-hung, 4 over 4 sash and a limestone surround. The basement level features a set of large wood doors under a segmental stone arch. These doors originally provided access for the Drummondville Fire Department. The west facade is connected to a two storey addition to the structure through a glazed walkway. The addition does not attempt to imitate the style of the original building, but instead contrasts with the existing structure through more modern construction. The original west facade still exists between the two structures, although it has been altered to accommodate the new addition to the site. It features preserved ribbon pointed masonry and restored windows original to the building The stone retaining wall on the north and east property lines was originally introduced in the 1930's. During the 2010/2011 restoration/renovation it was demolished and replaced with a concrete wall utilizing the original stone work as a veneer. The wall still incorporates building stones and plaques from various demolished buildings in the Niagara area. On the north east corner of the property is the Queen Victoria Memorial Fountain. Originally located at the northwest corner of Main and Ferro Street in 1901 it proved to be too much of a traffic hazard, so was moved to the northwest corner of the site in 1923 and during the restoration project in 2010/2011 was moved to its present location at the north east corner of the property. This move was necessary as it was located within the footprint of the new addition. The contextual value of the former Stamford Township Hall lies in its affiliation with the original settlement of Niagara Falls and County of Lincoln. As a centre of political and social activity in the community, the building's multiple uses have remained an intrinsic part of the area. The building's uses assist in understanding the history and development of the Township of Stamford and its relationship to the City of Niagara Falls. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 5810 Ferry Street includes the following heritage attributes: • two storey rectangular structure with a symmetrical, three bay façade • exterior of limestone with ribbon pointing • built in the Italianate style popular in the third quarter of the 19th century • the building has a projected band of ashlar masonry between the foundation and the exterior walls • hip roof with gables on the north (front) and south (rear) • roof is made of cedar shingles, a 1981 alteration from the original terne- plate roof and replaced during the 2010/2011 restoration/renovation • roof features decorative brackets and wooden dentils • small gingerbread feature in each gable • central front entrance which features a transom and semi-circular window • segmental stone arch with keystone above the entrance; with a date stone just above. • double-hung, 4 over 4 sash with segmental arched openings; the east and west façade windows have limestone surrounds • two windows similar to a Florentine window located on the north (front) façade, flanked by two round-headed openings with stone voussoirs • east facade basement level features a set of large wood doors under a segmental stone arch • Queen Victoria Memorial Fountain placed on the north east corner of the property; previously set on the north west corner having been moved from Main and Ferry • connected to noted architect John Latshaw, who had designed multiple civic buildings in the Niagara area • assists in understanding the history and development of the Township of Stamford and the City of Niagara Falls CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 99-109, being a by-law to designate 6137 Lundy's Lane, formerly with the municipal address of 6151 Lundy's Lane, known as the Battle Ground Hotel Museum, to be of cultural heritage value and significance. WHEREAS By-law No. 99-109 designated the Battle Ground Hotel Museum located at 6137 Lundy's Lane to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS a Notice of Intention to Repeal a portion of the designating by- law was published in the Niagara Falls Review on June 28, 2014 in order to facilitate a land transfer to the Regional Municipality of Niagara for road widening; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law 99-109 be amended by deleting Schedule "A" thereto and substituting Schedule "A" attached hereto. 2. That By-law 99-109 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 3. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 4. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "B" to BY-LAW NO. Description of Property — Battleground Hotel, 6137 Lundy's Lane The Battleground Hotel is a one and a half-storey building of the early i 9t" century and novo functions as a cultural heritage museum at the centre of the lands involved in the 1814 Battle of Lundy's Lane. With its front temple facade and clear Classical revival elements the building was extensively restored in 2001 to its c. 1850 appearance. Statement of Cultural Heritage Value or Interest The land on which the former hotel was built had originally belonged to Thomas Millard Sr., one of the first ten settlers in the Stamford Township. In 1836, Adam Fralick purchased approximately 20,000 sq. ft. (1,858 sq. m.) of this land for the purpose of constructing a tavern. Offering lodging, food and drink to travelers, the business quickly benefited from its location on the Historic Lundy's Lane Battlefield, and Fralick's also owned the adjacent Battlefield observation tower. What began as a simple storey anrd a half rlwellinn was further exnanrieri to accommodate a growing numbers of tourists. The Hotel continued to be passed through the Fraiick family until it was sold to James A. Lowell in 1898. Eventually, the lot was acquired by Ruth Evelyn Redmond, who donated the land and building to the City in 1996. As a testament to the City's earliest forms of tourism, the Battleground Hotel remains a noteworthy site in one of the most historically significant areas of Niagara Falls. Consistent with the Classical revival style, the building is symmetrical in appearance and features a seven bay facade. Originally consisting of a "T" shaped structure, the "T" shaped void was later filled in by two single storey structures with lean-to roofs, behind the east and west wings. The primary gable contains a recessed centre porch, and forms a classical temple facade. This umbrage is supported by two Doric order columns, and contains three points of entry, most likely reflecting the building's use as an inn. The centre door features six raised panels and two incised panel pilasters with simple capitals supporting a plain stepped entablature. Along the front (south) facade are six 12 over 12 restored windows, as well as three 9-light windows along the south facing gable end. The fenestration for the east, west and north elevations consist primarily of 12 over 8 and 8 over 8 sash. The trim of the windows are plain and flat, and feature louvered shutters fixed with a centre cross-rail. Constructed on a rubble stone foundation, the structure is finished with clapboard siding, and features frieze, sill and beaded corner boards in the same colour and material. Eave returns, another element of the Classical revival style, are also evident. Galvanized copper roofing is used on the east side of the Tavern's lean- to to avoid weather complications associated with the shallow pitch, whereas cedar shingles comprise the primary and south facing gable ends. A remnant of the Cornice gutter was found insitu in the attic area formed by the western lean- to-roof. Inside, the east parlour retains its fireplace and mantel with pilasters, baseboards and trim, and panels beneath the windows. A simple, yet early, banister is intact on the second floor, as well as the sponge painted walls on the first floor. Evidence of split lath and plaster, an early construction technique, was found in some locations. The Battleground Hotel is one of many historical sites designated for its heritage value in the area due to its association with the 1814 Battle of Lundy's Lane. Although the building had been built after the Battle had occurred, it's creation and success were directly impacted by the Battle's legacy. Furthermore, both the building and its original owner, Adam Fralick, had heavily assisted in the development of early tourism in the Niagara Region. With Fralick's construction of a third observation tower in the area and the Hotel's commercial success, the structure is instrumental to understanding the history and evolution of tourism in the City of Niagara Falls. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 6137 Lundy's Lane includes the following heritage attributes: • primary gable with eave returns typical of the Classical revival style • central front door with simple square profiles featuring 6 raised panels, two pilasters with heavy cornice, and a plain stepped entablature • temple façade form, characteristic of Classical Revival style, supported by two Doric order columns (restored) • symmetrical façade with a seven-bay arrangement providing a balanced appearance • 12 over 12, 12 over 8, and 8 over 8 sash window arrangement and fixed louvered shutters • refurbished clapboard siding • rubble stone foundation • cornice gutters restored on second floor roof • cedar shingles used on the primary gable and south facing gable end • retained interior features in the east parlour, including a fireplace with mantle, baseboards and trim and panels beneath the windows • Original banister and sponge painted walls. • association with Adam Fralick, owner of the house and key player in the development of early tourism in the Niagara region • proximity to other properties designated for their heritage value in relation to the Battle CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 2006-142, being a by-law to designate Cummington Square to be of cultural heritage value and significance. WHEREAS By-law No. 2006-142 designated Cummington Square bounded by Cummington Square East, Main Street, Cummington Square West and Bridgewater Streets to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That By-law 2006-142 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "B" to BY-LAW NO. Description of the property — Cummington Square Cummington Square is a public park which has been used continuously as a place of commemorative and social activities by the residents of Chippawa, and surrounding area, from the time it was set aside in the original village plan by Chippawa's founding father, Thomas Cummings and his family. Statement of Cultural Heritage Value Cummington Square is part of the original Crown patent of 200 acres granted in 1784 to Thomas Cummings. Thomas Cummings was a founding father of Chippawa and a leading citizen. Thomas Cummings and his son, James, were prominent merchants contributing to the early economic development of Chippawa. Cummings and his descendants dedicated the lands to the municipality as a village square and site for a Town Hall. A Town Hall was never built on the site. The Square is flanked on ail four sides by streets. Centrally iocated in the Chippawa business district, it serves as the hub of activity surrounded on three sides by commercial buildings. Many of these same 19th and early 20th century buildings still face the Square. Cummington Square is a public park which has continuously served as the centre for community activities. Citizens have gathered here, year after year, to enjoy music played in the bandstand, attend a memorial event or to participate in one of the many public functions. The Square has been used to honour those who fought in the World War I, World War II and the Korean War. The Square is an urban park providing a passive open space dedicated for the use of all citizens. The Square holds significant cultural value because of its association with an early settler and business operator, its connection to early commercial life, its importance as a public place for civic activities and its presence as a park used to recognize the contributions of the community's residents. The shape of Cummington Square is that of a rectangle having had a portion of the Square taken in 1958 to create parking spaces along the east side. The Square is a level plot of ground covered with grass and crossed by concrete pathways. The light poles and heads are modern; photographs of the original fixtures are available. The bandstand occupies the location and footprint of the first bandstand erected in the 1920's. The current structure is much altered from the original appearance, such that it is difficult to identify any significant architectural features. It is the location, shape, size, general form and long history as a place for music which are of importance. The cenotaph/war memorial including the fence and flag pole, are important elements physically and socially. These elements were altered during an upgrading of the square in the late 1990's. They are maintained by the City in consultation with the Royal Canadian Legion - Chippawa Branch 396, as is a commemorative plaque located on the base of the bandstand. A Parks Canada heritage plaque is located in the Square which outlines the history of the Chippawa. The plantings, furniture and fixtures are part of a masterplan prepared by the Parks, Recreation and Culture Division. Maintenance, repair and general management customary to the upkeep of the grounds, bandstand, structures and its systems shall continue as a matter of course. Key features that embody the heritage value and are important to the preservation of Cummington Square include the following heritage attributes: • The location and layout of the square being flanked on all four sides by streets • Continuous use as public park • Name of Cummings family that donated the land for the civic square • The band stand although not original allows the square to continue to be used for public gatherings whether it is for entertainment or memorial occasions. • Cenotaph and memorial plaques CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 83-280, being a by-law to designate 8196 Cummington Square West, known as the Chippawa Town Hall, to be of cultural heritage value and significance. WHEREAS By-law No. 83-280 designated the Chippawa Town Hall located at 8198 Cummington Square to be of cultural heritage value and significance; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law 83-280 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "B" to BY-LAW NO. Description of Property — Chippawa Town Hall, 8196 Cummington Square West The Chippawa Town Hall is located at the intersection of Main Street and Cummington Square in the former village of Chippawa. Its solid, rectangular form exhibits Classical revival style elements, and remains as one of the only original façades of the designated Cummington Square. Statement of Cultural Heritage Value or Interest The settlement of Chippawa had originally functioned as the southern annex of the Niagara peninsula, and was the origin of boat navigation routes above the falls and rapidg With the opening of the Welland Canal 1829, Chippawa had "pening the Welland u.��.. vui ia� in i iau become a thriving town, with a wide variety of business establishments that framed the Cummington Square. Initially, the land for the Chippawa Town Hall had been owned by James Cummings. It was purchased by Fraser and Stephenson in 1841 for the operation of a general store. The structure was built a year later, and after the dissolution of the Fraser-Stephenson partnership, was sold to the Chippawa Council sometime between 1851 and 1865. The council, intending to use the structure as a town hall, had their offices moved into the upper floor of the building. During this time, the lower floor was rented out to tenants who continued to use it for grocery and dry goods trade. Over the years, part of the space upstairs was rented out for dances, church benefit shows, religious plays, and local civic association meetings. The remaining area was used to conduct political business for the town, establishing the building as a civic landmark. After the amalgamation of the Village of Chippawa with the City of Niagara Falls in 1970, the building became a community centre and continues to offer a variety of craft classes and goods to nearby residents. With a symmetrical three bay façade, and elegant ashlar limestone finish, the Chippawa Town Hall is an excellent example of the commercial vernacular of the Classical revival style. The two storey building is rectangular in form and features a shingled mansard roof. Though the northeast (front) façade is composed of ashlar limestone blocks, the foundation and side façades of the building are composed of course rubble, a prevalent building material of the area at that time. The lower storey of the northeast (front) façade is evenly divided by four plain pilasters with Doric capitals. The central entrance is recessed and contains a 12- light, wooden door with a transom. The entrance is flanked by two large plate glass windows that have pilasters on either side. An unornamented frieze separates the first storey from the second storey and is capped by a simple cornice. The transition from the limestone material of the front façade to the rough stone foundation seen on the south side is achieved through massive quoins at corners of the building. The front facade's balanced appearance is achieved by three windows with plain sills located above the frieze. These windows are all 2 over 2. Five more windows of the same design can be found on the southeast façade, but have much more decorative surrounds. These windows have large limestone surrounds, sills and lintels. A central clock tower is clearly visible above the other buildings in the area, and is shaped not unlike a dormer. The tower has a row of wooden eaves brackets, and is topped by a mansard roof and a simple, grey weathervane. Records show that the current mansard roof was a later addition to the structure, built sometime in the late 19th century. This would explain the contrast between the Classical revival elements of the structure and the Mansard roof of the Second Empire style. Photos from the early 20th century show a row of wooden eave brackets, similar to those below the current clock tower, placed along the soffits of the roof. Also shown in the early photos are sets of two, rounded dormers with attached finials, located on the northeast, northwest and southeast sides of the roof. As one of the only remaining original facades left fronting on the Cummington Square, the Chippawa Town Hall is a visual reminder of the history and character in what is still an active meeting ground for residents. Contributing to the community's social, political, and economic development, the building's characteristic Classical architecture and engaged social history establishes Chippawa Town Hall as a local landmark. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 8196 Cummington Square West includes the following heritage attributes: • 2 storey Classical Revival building • symmetrical three-bay ashlar stone facade • four-sided mansard roof with a clock tower was a later addition • two over two sash windows found along the front and side façades • heavy limestone quoins, sills and lintel surrounds on the south façade • four limestone pilasters with Doric capitals • two large single pane windows found between pilasters on front • unornamented frieze with a simple cornice separating the first and second storeys • quoins found along the building's northeast and northwest corners • foundation and side façades of the building composed of course rubble, a prevalent building material of the area • central raised, recessed entrance with a 12-light wood door • ribbon-pointing on the southeast (side) façade • one of the remaining original façades fronting on the designated Cummington Square • a common meeting centre for social activity in the in community • significant to the economic, social and political development of the Chippawa area CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 2002-134, being a by-law to designate the Copper Beech Tree, located within the Drummond Hill Cemetery, to be of cultural heritage value and significance. WHEREAS By-law No. 2002-134 designated the Copper Beech Tree located within the Drummond Hill Cemetery to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That By-law 2002-134 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "B" to BY-LAW NO. Description of Property — Copper Beech Tree, 6110 Lundy's Lane The Copper Beech Tree is located within the Drummond Hill Cemetery and is marked with a granite marker beside the tree that tells the story that it was planted in 1914 to mark the 100th anniversary of the Battle of Lundy's Lane. Statement of Cultural Heritage Value The City of Niagara Falls is indeed fortunate to have a tree such as the Copper Beech Tree, in our community. It has strong historical significance and is known to be planted in 1914 to commemorate the 100th anniversary of the Battle of Lundy's Lane which took place on July 25, 1814. Drummond Hill was the focal point during the battle which began at twilight on July 25, 1814. It was described as being the most fiercely fought and the bloodiest battle of the War of 1812. The action centred on the heights of Lundy's Lane; now known as Drummond Hill, where the British artillery was set up. The fighting ceased around midnight but not before 900 soldiers had perished and 60 deceased horses fell upon the battleground. Hundreds of the dead were burned in a funeral pyre nn the north side of the hill where they collapsed in battle. The location of the Copper Beech is a contributing factor for why this tree has become a cultural icon. The Lundy's Lane Battlefield Master Plan says of the copper beech tree, "... it dominates the hilltop and provides a sense of repose and grandeur ...". It is the most purposeful of the landscape features and provides a focus to the site. The Cooper Beech Tree at Drummond Hill Cemetery has become a local and regional cultural iC011 due to its historical associaiiori with the War of 1812 and in particular, the Battle of Lundy's Lane. Its colour symbolizes the blood that was shed while its dominant size and shape demonstrates the overall importance of the battle. The designation of the Copper Beech Tree not only raises public awareness of the importance of trees but also the importance of the history and heritage of Niagara Falls and to the events as well as the individuals who participated in the war of 1812. Key elements that reflect the heritage value of the copper beech tree include: • The strong cultural associations the city has for the tree including the memorializing of the War of 1812, more particularly, the Battle of Lundy's Lane in 1814. • The orientation to Drummond Hill, enhancing the tree's visibility and marking the location of a significant battle. • Bark with elephant hide appearance • Tree's rounded form with branches close to the ground • Deciduous aspect of the tree resulting in leaves unfurling in the spring as soft green, gradually changing to a rich russet colour in the summer and ultimately to a tawny bronze colour in the fall. • Its species, (Fagus sylvatica) which is not commonly found in the Niagara Peninsula or elsewhere in Southern Ontario. • Longevity of the tree at this particular location. CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 2000-79, being a by-law to designate a property known as the Stamford Green, located at 6212 Portage Road, to be of cultural heritage value and significance. WHEREAS By-law No. 2000-79 designated the Stamford Green located at 6212 Portage Road to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage C;nmmittPP ni irci cant to SPrtinn (c) hnc he c n f,ilfillod• AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That By-law 2000-79 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "A" to BY-LAW NO. Part Township Lot 56 Stamford, Part of road allowance between Township Lots 55 and 56 Stamford, City of Niagara Falls, Regional Municipality of Niagara. SCHEDULE "B" to BY-LAW NO. Description of Property — Stamford Green, 6212 Portage Road The Green is located between Portage Road on the west and St. Paul Avenue on the east and Stamford Green Drive on the north. The 3.5 acre wedge shaped piece of land is said to be one of the only village greens in Canada. Statement of Cultural Heritage Value The Stamford Green is held by the Stamford Green Board of Trustees for the citizens of Niagara Falls as a public park. The lands were once part of the grounds of the residence of Captain Robert Dee and were transferred to the Board of Trustees by his son, Dr. John Dee. In 1908, Dr. Dee sold the lands for the sum of $1,000 provided they remained as a public park for all time to come. Furthermore, Dr. Dee stipulated that "No buildings are to be erected and no trees are to be planted theleon" to which it was further added that a "...fence is never to be erected". The deed provides that the southerly two-thirds of the site can be levelled and that the remainder is to be kept in its natural state. The Trustees are authorized to carry out these conditions and maintain the covenants imposed by Dr. Dee. The Board of Trustees are empowered to appoint new members to the Board in the event of death or resignation of any of the Trustees. The northerly portion of the property is a level grassed plot of land. A historic stone and bronze marker erected in 1929 by the Historic Sites and Monuments Board of Canada is located at the northeast corner to recognize the significance of the Portage Road from Niagara Falls to Queenston. There are no trees on this portion of the site. The s.-�:"+`ler v third ofe-ti e s e is elineated �y a war mem r ial er ectee_ ill 1 d h # � h ^I Q4� a,„, now enhanced with plantings including pyramidal oak trees and evergreen and deciduous shrubs. South of this is a single maple tree with a small stone marker with bronze plaque and evergreen shrubs. At the gore end of the Green is a large Colorado spruce tree, ground plantings and a sign identifying the Green. These latter plantings and sign were added by the City in the late 1990's when it took over the maintenance of the grounds. The Green has been the site of a number of important events over the years, including: holiday sports, country fairs, village festivals and militia musters. It was also the site of a commemorative arch erected in 1860 for the passing entourage of the Prince of Wales, later King Edward VII. The Stamford Green is significant because of its unique status in Canada, its association with an important person during the settlement of Stamford Township, its historic role in community events and reverence with which it is held by the residents of the City. For these reasons, it is worthy of recognition as a place of historic importance which should be protected under the Ontario Heritage Act. Key Heritage attributes that reflect the historical value and are important to the preservation of the Stamford Green are as follows: • Its rarity, being an open greenspace that has not been significantly changed or planted on since the early 20th century. • Association with prominent early settlers in Stamford Township, Capt. Robert Dee, and his son Dr. John Dee. • Historic role in community events and militia musters; • Site of visit in 1860 by Prince of Wales, later King Edward VII • Large open landscape in contrast to surrounding development on Portage Rd. • Proximity to Portage Road, a major transportation link between Niagara Falls and Queenston; • Preservation as an open greenspace CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 2000-79, being a by-law to designate a property known as the Stamford Green, located at 6212 Portage Road, to be of cultural heritage value and significance. WHEREAS By-law No. 2000-79 designated the Stamford Green located at 6212 Portage Road to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law 2000-79 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "A" to BY-LAW NO. Part Township Lot 56 Stamford, Part of road allowance between Township Lots 55 and 56 Stamford, City of Niagara Falls, Regionai Municipality of Niagara. SCHEDULE "B" to BY-LAW NO. Description of Property — Stamford Green, 6212 Portage Road The Green is located between Portage Road on the west and St. Paul Avenue on the east and Stamford Green Drive on the north. The 3.5 acre wedge shaped piece of land is said to be one of the only village greens in Canada. Statement of Cultural Heritage Value The Stamford Green is held by the Stamford Green Board of Trustees for the citizens of Niagara Falls as a public park. The lands were once part of the grounds of the residence of Captain Robert Dee and were transferred to the Board of Trustees by his son, Dr. John Dee. In 1908, Dr. Dee sold the lands for the sum of $1 ,000 provided they remained as a public park for all time to come. Furthermore, Dr. Dee stipulated that "No buildings are to be erected and no trees are to be planted thereon" to which it was further added that a "...fence is never to be erected". The deed provides that the southerly two-thirds of the site can be levelled and that the remainder is to be kept in its natural state. The Trustees are authorized to carry out these conditions and maintain the covenants imposed by Dr. Dee. The Board of Trustees are empowered to appoint new members to the Board in the event of death or resignation of any of the Trustees. The northerly portion of the property is a level grassed plot of land. A historic stone and bronze marker erected in 1929 by the Historic Sites and Monuments Board of Canada is located at the northeast corner to recognize the significance of the Portage Road from Niagara Falls to Queenston. There are no trees on this portion of the site. The southerly third of the site is delineated by a war memorial erected in 1949 and now enhanced with plantings including pyramidal oak trees and evergreen and deciduous shrubs. South of this is a single maple tree with a small stone marker with bronze plaque and evergreen shrubs. At the gore end of the Green is a large Colorado spruce tree, ground plantings and a sign identifying the Green. These latter plantings and sign were added by the City in the late 1990's when it took over the maintenance of the grounds. The Green has been the site of a number of important events over the years, including: holiday sports, country fairs, village festivals and militia musters. It was also the site of a commemorative arch erected in 1860 for the passing entourage of the Prince of Wales, later King Edward VII. The Stamford Green is significant because of its unique status in Canada, its association with an important person during the settlement of Stamford Township, its historic role in community events and reverence with which it is held by the residents of the City. For these reasons, it is worthy of recognition as a place of historic importance which should be protected under the Ontario Heritage Act. Key Heritage attributes that reflect the historical value and are important to the preservation of the Stamford Green are as follows: • its rarity, being an open greenspace that has not been significantly changed or planted on since the early 20th century. • Association with prominent early settlers in Stamford Township, Capt. Robert Dee, and his son Dr. John Dee. • Historic role in community events and militia musters; • Site of visit in 1860 by Prince of Wales, later King Edward VII • Large open landscape in contrast to surrounding development on Portage Rd. • Proximity to Portage Road, a major transportation link between Niagara Falls and (li iaanctnn • Preservation as an open greenspace CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 2001-176, being a by-law to designate the Stamford White Oak Tree, located on the east side of Portage Road at Carman Street, to be of cultural heritage value and significance. WHEREAS By-law No. 2001-176 designated the Stamford White Oak Tree located on the east side of Portage Road at Carman Street to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law 2001-176 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "A" to BY-LAW NO. Part of Township Lot 43, Stamford, Part of Township Lot 56, Stamford, being a Forced Rd; known as Portage Rd; lying between Church's Lane and the northerly limit of Township Lot 60, Stamford, Niagara Falls. SCHEDULE "B" to BY-LAW NO. Description of the property — Stamford White Oak Tree The Stamford White Oak tree is located on the east side of Portage Rd at Carman Street and opposite Stamford Green. The tree is thought to be over 300 years old and given its proximity to Portage Road means this tree has witnessed many travelers while serving as a guide post. Statement of Cultural Heritage Value The location of the White Oak is a contributing factor to why it has become a cultural icon. Portage Road was considered to be a vital link in the transportation route between Lake Ontario and Lake Erie. It is well documented that Portage Road was used to move troops and supplies from lake to lake during the War of 1812. The White Oak is thought to be the only tree remaining from the original forest growth that covered the Stamford Township. Trees were obstacles to the pioneer. He had to cut them down and remove the logs before he could plant crops. The White Oak's proximity to Portage Road is probably what saved it. In 1983, the tree was deemed to be unhealthy and a safety risk due to branches that were falling off and was scheduled to be removed. The public rallied around the tree and saved it. The City of Niagara Falls and the Niagara Falls Heritage Foundation shared the $7,500 cost of medicating and pruning the tree in hopes of preserving it for another 100 years. The average diameter of a mature white oak measured at breast height is said to be between 2 and 4 feet. The Stamford White Oak had a diameter of 5'1" with a circumference of almost 16 ft. at the time of original designation in 2001. Key attributes that reflect the heritage value of the Stamford White Oak Tree include: • Location of the White Oak tree in proximity to Portage Rd. a well-documented transportation link between Lakes Erie and Ontario. • Longevity of the tree at this particular location • Thought to be only tree remaining from original forest growth in Stamford • Link to the history of Stamford representing a unique value to public because of its size, age and historical association to the City. CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 96-243, being a by-law to designate 11211 Sodom Road, known as the Willoughby Township Hall, to be of cultural heritage value and significance. WHEREAS By-law No. 96-243 designated the Willoughby Township Hall located at 11211 Sodom Road to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That By-law 96-243 be amended by deleting Schedule "A" thereto and substituting Schedule "A" attached hereto. 2. That By-law 96-243 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 3. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 4. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "A" to BY-LAW NO. Part of Lot 12, Concession 3, Willoughby as in W1561 & W1581, except RB6022�5, Niagara Falls, Regional Municipality of Niagara. Being all of DIM 6425g_116u6(LT) SCHEDULE "B" TO BY-LAW NO. Description of Property — Willoughby Township Hall, 11211 Sodom Road The Willoughby Township Hall is a small one-storey civic building located on Sodom Road. Situated in the former Willoughby Township, the building has an intrinsic cultural and historical value to the community. Its simple form and styling represents the type of rural public building common in Ontario in the late 19t century. Statement of Cultural Heritage Value or Interest The Township of Willoughby was settled in 1784; with most of its pioneers coming from the disbanded Butlers' Rangers. Settling along the river and inland creeks, Willoughby received its name in 1792 from Lieutenant-Governor John G. Simcoe. The following year, Simcoe had the Town Offices Act passed at Niagara, which gave Willoughby its first officials. In 1798, a Crown Patent for 400 acres of land was granted to Samuel Street which included the lot on which the Hall is situated. Despite the land's marshy interior and the setbacks from the War of 1812-1814, Willoughby became an incorporated township in 1850 with a Reeve and Councillor. This local political body had no meeting place to conduct township business so monthly meetings were held in various inns and taverns. In 1877, after 27 years of these transient meetings, the township council, under Reeve William Marshall, purchased lands for a permanent township hall. On March 31 , 1877, Jacob Morningstar conveyed one acre of land in the southeast part of Lot 12, Concession 3 to the Corporation of the Township of Willoughby for $75. The Willoughby Township Hall, a one storey clapboard building was erected that same year. In addition to its political usage, the building was also used for church and social programs and was the regular setting for community concerts and stage performances. Notably, two important township organizations began there. The Willoughby Women's Institute, founded in 1907, and the Willoughby Volunteer Fire Department. The Women's Institute has met at the Hall monthly since its inception, while the Fire Department is now located directly across the road. With the amalgamation of Willoughby and the City of Niagara Falls in 1970, the political usage of the building ceased. However, it has continued to serve the community as a meeting place for various social groups in the area. The Willoughby Township Hall is a one storey building with a symmetrical three bay façade. Although its appearance has been altered since its construction in the late 19th century, the building's round headed windows and medium pitch gable roof are still reflective of the building's vernacular Italianate style. Its simple rectangular form features a rear addition on the west (rear) façade and a cement block addition on the south façade near the southwest corner. Both additions were most likely constructed sometime during the mid 20th century. The building's original clapboard exterior has since been covered with asbestos siding. Its medium-pitch roof was likely clad in wood shingles, originally, but has most recently been replaced by asphalt shingles in 2009. On the ridge of the roof near the rear of the structure, is a corbelled brick chimney. The Pact (front) facade is symmetrically arrangerdl with a round headed wind^w on either sine of a central doorway. A modern roofed porch protects the front entrance. The door is a replacement of the original double door. From historic photos, it originally featured a semi-circular fanlight and a round-headed hood mould. Above the door was once a bull's-eye opening that had its mullion arranged in a swirl pattern and featured raised letters and date stone around its perimeter. This window has since been removed. The building's windows consist of round-headed 4 over 4 sash with plain sills. In addition to the two located on the east (front) facade, three more windows are located on the north façade of the building and two on the south façade. The third window on the south façade had been removed with the introduction of the cement block addition. The windows were restored in 2008. To the north of the building is a board and batten maintenance structure, reflecting the rural nature of the area. The Township Hall represents the last vestige of the former rural Township now lost to amalgamation of communities through regionalization of the county government. It is the tangible evidence of the community pride and spirit which developed around the agricultural settlement of Welland County. The Township Hall has a strong historical significance to the area as it was used widely by the community. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 11211 Sodom Road includes the following heritage attributes: • one storey civic building with a symmetrical three bay façade • exterior asbestos siding, a replacement of the original clapboard exterior • medium-pitch roof clad in asphalt shingles, a likely replacement of the original wood shingles • round headed window on either side of a central doorway on the east (front) façade • round-headed 4 over 4 sash windows with plain sills • two windows on the east (front) façade, three windows on the north façade and two on the south façade (originally three) • location of many community group activities • strong significance to the history and development of the Willoughby Township and several of its key political figures. CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 99-72, being a by-law to designate 5017 Victoria Avenue, known as the former Carnegie Library, to be of cultural heritage value and significance. WHEREAS By-law No. 99-72 designated the former Carnegie Library located at 5017 Victoria Avenue to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2) (a) , the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of the property's heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1 (5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served on the owner and the Ontario Heritage Trust, a Notice of the proposed Amendment; AND WHEREAS no objections have been filed with the Clerk of the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law 99-72 be amended by deleting Schedule "A" thereto and substituting Schedule "A" attached hereto. 2. That By-law 99-72 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 3. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 4. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "A" to BYLAW NO. All and singular that certain parcel or tract of land and premises situate, lying and being in the City (formerly in the Town) of Niagara Falls, in the Regional Municipality of Niagara and being composed of Part of Block (six) 6, according to Plan No. 35, now known as Plan No. 1002 described as follows: COMMENCING at a point in the Westerly limit of Victoria Avenue distant sixty feet Northerly from South East angle of said Block No. 6; thence Northerly along the said Westerly limit of Victoria Avenue eighty-five feet to a point, thence Westerly and parallel with the Southern limit of said Block No. 6 one hundred and fifty feet to a point, thence Southerly and parallel with Victoria Avenue eighty-five feet to a point in the Northerly limit of a reservation for a Public Road: thence Easterly and parallel with the Southerly limit of said Block 6 one hundred and fifty feet more or less to the place of beginning together with a right of way for Public Road over the most Southerly sixty feet of said Block No. 6 adjacent to the lands herein described. As previously described in Instrument No. 3840 (1909). SCHEDULE "B" to BY-LAW NO. Description of Property - Carnegie Library, 5017 Victoria Avenue The Carnegie library is a two storey civic building located at the corner of Victoria Avenue and Armoury Street. Serving the Niagara Falls community for over 100 years, the structure features elements of the Neo-classical style and several Beaux Arts elements. Statement of Cultural Heritage Value or Interest In 1909, the Andrew Carnegie Foundation provided a grant of $15,000 for the erection of a Free Public Library Building in the City of Niagara Falls. The building's location on the corner of Victoria Avenue and Armoury Street was chosen specifically for its ease of access for residents. After the purchase of the lot, building plans were drafted and produced by the firm of Robertson and Nichols. William Nichols was described as "one of the best known, artistic, architects in Niagara Falls", and he designed and supervised the erection of many of the finest buildings in the area. The Carnegie library first opened its doors in February 1910, and was used as the city's main library for the next 64 years. The library contributed to the growth of its citizens by providing an inclusive forum for learning. Most notably, the structure contained a variety of books donated from the community and supplied space for seminars in lecture halls. Although the library was closed in 1974, the Carnegie library continues to contribute to the historic character of the area and has been adaptively reused for office space and remains a working part of the community. The Carnegie library's symmetrical design, polychromatic exterior, and subdued, yet rich decorative details are signature characteristics of the Neo-classical revival style. It is a classical display of symmetry with a centrally located main entrance and balanced five bay façade, the central three of which project forward. It features a truncated hip roof with a shallow pitch, two closed pediments with detailed entablature, and a centered portico with square, yellow brick columns and pilasters. The two-storey building is composed of red brick laid in stretcher bond, and sits atop a raised limestone block basement set in an even course with a quarry face finish. Red ribbon-pointing is used for emphasis. The sides of the steps leading up to the centre portico were originally made of wood, but have since been reconstructed using the same materials as the foundation. Along with a built-in cornice gutter, the roof's entablature features a series of wooden dentils and flat modillions, while detailed egg-and-dart decorative bands are found along the top of the portico columns and the roof's architrave. A yellow brick decorative band can also be found above the building's foundation and along its frieze. The front gable pediment contains a red brick tympanum, and features a semi-circular fanlight containing four pie-shaped panes. Alternating long and short yellow brick quoins are placed at the building's corners. The most dominant feature of the Carnegie library is its large two-pane and Venetian-style windows. Originally designed to respond to the need for natural light, almost all of the Ontario Carnegie libraries share this feature, and the design and placement of the windows contribute to the building's overall symmetrical arrangement. The building's uild'ng'S L acades consist of 1 over - sash windows with either lead glass or pebble glass transoms, and centrally located Venetian-style windows. A splayed, yellow brick arch with a raised, brick keystone is used at all window openings except for the 2 over 2 sash basement windows that have a rowlock arch. Between 1901 and 1923, the Andrew Carnegie Foundation had generously provided funds to build 2,509 libraries across North America and Great Britain. Of these, a total of 125 libraries were built in Canada. The Niagara Falls Carnegie library is believed to be the 67th to be built, and stands as one of the 95 remaining Carnegie Libraries in all of Ontario. The structure is considered a rare and special building both locally and provincially. 11r4srtriptinn of HPritaric AttrihiitpQ Key exterior features that embody the heritage value and are important to the preservation of 5017 Victoria Avenue include the following heritage attributes: • polychromatic exterior of red brick laid in stretcher bond and yellow brick • raised limestone foundation with quarry face finish, and red ribbon mortar • symmetrical five bay facade with the central three bays projecting forward • truncated hip roof, including a central gable with a closed pediment • centred portico and square, yellow-brick columns and pilasters • egg-and-dart decorative band above portico columns • i1 tailAd iPiit:ibl dirt with v11i'iriipn, rt ntiig nnri wnrripn hk r..k mndillinnct • large 2-pane and Venetian-styled windows • splayed, yellow brick arch with raised keystone above 1st and 2nd floor windows; a rowlock arch can be found on the basement windows • lead glass transom found above front entrance • built in cornice gutter • alternating long and short, yellow brick quoins • connection to philanthropist Andrew Carnegie and other Carnegie libraries in North America and elsewhere • designed and supervised by noted local architect William Nichols • the 67th to be built and one of the 95 remaining Carnegie libraries in all of Ontario CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 98-113, being a by-law to designate the property at 5049 Victoria Avenue, known as the Niagara Falls Armoury, to be of historic and architectural value and interest. WHEREAS By-law No. 98-113 designated the Niagara Falls Armoury at 5049 Victoria Avenue to be of cultural heritage value and interest; AND WHEREAS pursuant to Section 30.1 (2)(a), the council of a municipality may by by-law amend a by-law designating property under Section 29 of the Ontario Heritage Act, R.S.O. 1990, to clarify or correct the statement explaining the property's cultural heritage value or interest or the description of heritage attributes; AND WHEREAS the requirement for Council to consult with its Municipal Heritage Committee pursuant to Section 30.1(5) has been fulfilled; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner of the property described in Schedule "A" hereto and upon the Ontario Heritage Trust, notice of a Notice of Proposed Amendment; AND WHEREAS no notice of objection to the proposed amendments has been served upon the Clerk of the municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That By-law No. 98-113 be amended by deleting Schedule "B" thereto and substituting Schedule "B" attached hereto. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property and upon the Ontario Heritage Trust. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 SCHEDULE "A" to BY-LAW NO. Part of Township Lot 110, Plan 35, Lots 31, 32, New Plan 276, City of Niagara Falls, Regional Municipality of Niagara. SCHEDULE "B" to BY-LAW NO. Description of Property — Niagara Falls Armoury, 5049 Victoria Avenue The Niagara Falls Armoury is located at the southwest corner of Victoria Avenue and Armoury Street. Built in the style of a late medieval fortress, it is an architectural landmark, with cultural and historical significance to the local community. Statement of Cultural Heritage Value or Interest The Niagara Falls Armoury was constructed in 1911, as a part of a national campaign to reform and expand the Canadian Active Volunteer Militia. It was constructed to serve as the regimental headquarters of the local armed forces. The building was designed by military architect T.W. Fuller and built by the Robertson Construction Company, whose works primarily included many of the other civic buildings in the City, such as the neighbouring Carnegie Library and the Logan Block on Queen Street. The building is constructed of red brick stone foundation, sills, window surrounds, corbels, capping and decorative shields. Initially serving the Lincoln militia, and later the Lincoln and Welland militia, the Niagara Falls Armoury quickly became an integral part of the social and cultural history of the area and functioned as both a training and recruitment centre. The building created a strong military presence in the City and generated a significant amount of national patriotism and local pride among those who served during the First World War. Since then, the Armoury has had a continuing role in military action throughout the Second World War, the Korean War, and until the base's closure in 1998. The design of the Niagara Falls Armoury is inspired by medieval fortifications, and uses a substantial architectural form to create an impression of impregnability. The building is constructed of red brick laid in common bond and a quarry-faced limestone foundation which due to the high foundation, makes the building appear higher that its two storey construction. Carved limestone blocks are also used for the building's decorative elements. It is asymmetrical and features a seven-bay façade, the centre of which is a massive front entrance, emphasized by a projecting surround and triple Tudor Gothic arch. The square plan of the building incorporates various wall treatments which step out at the corners to simulate the appearance of defense towers. The northeast "tower" in particular is distinguished by its relatively massive size and detailed decorative features. This design element combined with the projected features makes it a focal point of the building. A crenellated parapet with limestone accents is located at the northwest corner. Underneath the parapet is a series of stone corbels that run across the front (east) and north façades, while rows of plain buttresses are found around the structure. Three flush stringcourse bands of carved limestone, contrast with the red brick on all sides of the building. Several narrow false openings with limestone sills can be found on the front (east) and north façades. The building has been modified by a covering of paint. The first storey window openings are relatively simple, featuring an arrangement of tall 1 over 1 sash with plain limestone sills. The second storey, in contrast, contains paired sets of 1 over 1 sash windows with transoms above. These windows feature a decorated limestone sill and lintel, with a matching limestone mullion in between. All of the window and door openings are recessed into the building. The front (east) façade of the north tower contains a distinct second storey window, with a raised limestone surround, corbels extending from the sill and a recessed stone crest found above the transoms. Two similar crests are found on the north side of the tower. A more detailed crest, found in the centre of the front (east) façade, features the Ontario coat of arms. The front (east) façade features a prominent date stone above the entranceway, reading "19" "Armoury" and "11". A large field gun, captured from Kaiser Wilhelm's forces at the Battle of Amiens on August 8, 1918, is located on the north corner of the property in front of the building. This gun was donated to the City by Dr. flames F. Barry, who was the medical officer for the Second Canadian Infantry Battalion which captured the gun. It was accepted by Mayor, Harry P. Stevens in October 1918. The gun was completely refurbished in 1966 and is slated for restoration again in 2014. The Niagara halls Armoury is one of the eleven drill halls built in Ontario between 1896 and 1918 through a campaign spearheaded by Frederick Borden, the Minister of Militia and Defense (1896-1911). Borden helped to lead an unprecedented reform which turned the Canadian militia from a disorganized, poorly equipped citizens' militia into a competent fighting unit. As a testament to the development of the Active Volunteer Militia, this armoury is unique in design, which helps to enhance its local identity. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 51)49 Victoria Avenue includes the following heritage attributes: • Constructed of red brick laid in common bond and quarry-faced limestone • Massive front entrance and triple Tudor Gothic arch. • north tower whose size and decorative treatments make it the focal point • crenellated parapet with limestone accents • Stone corbels across the front and side façades. • Buttresses around the structure. • tall 1 over 1 sash with plain limestone sills on the first storey • paired sets of 1 over 1 sash with square transoms, limestone sill and lintel, and a matching limestone mullion in between on the second storey • a recessed stone crest found on the north tower • date stone above the entranceway, reading "19" Armoury 11," • large field gun on north corner of the property, captured from German forces of Kaiser Wilhelm at the Battle of Amiens in 1918 • one of eleven drill halls built in Ontario between 1896 and 1918 and a testament to the development of the Volunteer Militia • association with military architect T.W. Fuller • constructed by local Robertson Construction Company CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of an agreement with the Brock University Students Union (BUSU) for the provision of transit services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . An agreement between the Corporation of the City of Niagara Falls and the Brock University Students Union (BUSU) respecting the provision of transit services, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Memorandum of Understanding. 3. The Clerk is hereby authorized to affix the corporate seal thereto. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014. Second Reading: August 12, 2014. Third Reading: August 12, 2014. THIS AGREEMENT made this 8th day of July, 2014. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" - and - BROCK UNIVERSITY STUDENTS' UNION, INC. Hereinafter referred as to "BUSU" OF THE SECOND PART. WHEREAS BUSU has requested that the City provide ridership privileges on all regular bus transit routes to its students attending Brock University at a reduced rate; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, the parties agree as follows: 1. Definitions 1.1 In this Agreement: (a) "Eligible Students" shall mean full time and part time students attending Brock University, save and except for undergraduate students enrolled for one credit or less, and undergraduate students registered at the Brock University Hamilton Campus; (b) "School Year" means the Fall and Winter Semesters commencing September 1st, and ending April 30'h of the following calendar year; and (c) "Brock University Photo Identification Card" means an identification card that has been approved by the City. 2. Grant of Service 2.1 The City shall provide to all Eligible Students, upon presentation of a Brock University Photo Identification Card or other student identification as hereinafter set out, unlimited ridership privileges on all regular bus transit routes as specifically set out herein (the "Service"). - 2 - Tcrm ands Feo 3.1 The term of this Agreement (the "Term"), shall be for the Fall and Winter Semesters commencing on the 1'day of September, 2014 and ending on the 30th day of April, 2015. 3.2 For this Term, BUSU shall pay ONE HUNDRED AND NINETY-FIVE THOUSAND AND TWO HUNDRED AND NINETY-THREE DOLLARS AND 72/100 ($195,293.72) to the City, according to the following schedule: (a) The sum of NINETY-SEVEN THOUSAND AND SIX HUNDRED AND FORTY-SIX 86/100 DOLLARS ($97,646.86) on or before October 31, 2014, for Service provided during the 2014 Fall Semester; and (b) The sum of NINETY-SEVEN THOUSAND AND SIX HUNDRED AND FORTY--SIX 86/100 DOLLARS($97,646.86)on or before February,28, 2015, for Service provided during the 2015 Winter Semester. 3.3 The amounts noted in paragraph 3.2 above for the Fall and Winter Semesters are based upon the number of hours provided in Schedule "A"attached hereto, at a rate of NINETY-TWO 93/100 DOLLARS ($92.93) per hour plus a Municipal Levy of $2,687.00. This Municipal Levy has been calculated by multiplying all the trips the Brock University students took within Niagara Falls from September 2013 through April 2014 by twenty-five cents. 3.4 Al! arrears of fees she!! bear interest from their respective due dates until the actual dates of payment at the rate of one and one half percent (1.5%) per month or eighteen percent (18%) per annum. 3.5 There shall be a qualification to request additional funding based on any substantial fuel fluctuations during the term of this Agreement. Such premiums shall be based on the Fuel Escalation Clause model identified in Schedule "B" attached hereto. 4. Services 4.1 The schedule of the Service to be provided for September, 2014 to April, 2015 is set out in Schedule "A". 4.2 BUSU specifically acknowledges and agrees only one bus will provide the Service as scheduled. Should an additional bus be required or requested, the extra hours of Service provided will be added to the invoices submitted to BUSU for payment, as noted in paragraph 3.2 above. - 3 - 5. Student Identification and Brock University Photo Identification Card 5.1 BUSU will supply each Eligible Student with a Brock University Photo Identification Card with the validity period of the card identified via a sticker on the same side for the School Year. Thus, the validity period shall run from September, 2014 to April, 2015. 5.2 All Eligible Students must produce a Brock University Photo Identification Card to the bus operator upon entry of the bus. In the event that such Brock University Photo Identification Card, or cash in lieu thereof, is not produced, access to the bus will be refused. 5.3 Notwithstanding paragraph 5.2 above, the City shall accept appropriate student identification in lieu of a Brock University Photo Identification Card during the period commencing September 1, 2014, through to and including the end of the third week of September, 2014, in the School Year (the "Grace Period"). 5.4 BUSU must obtain approval from the City with respect to the acceptable student identification to be used during the Grace Period. Should BUSU wish to amend or alter the Brock University Photo Identification Card, it must obtain written approval for such amendment and/or alterations from the City. 5.5 The City reserves the right to check the validity of any Brock University Photo Identification Card at any time, and should it deem appropriate, deny use of any Brock University Photo Identification Card by any Eligible Student. The City further agrees it will use its best efforts to confiscate any Brock University Photo Identification Card it deems to be invalid and will return same to Brock University campus security within 24 hours of confiscation and will provide BUSU with a written explanation of the circumstances surrounding the confiscation. 5.6 The City is not responsible for the loss or theft of any Brock University Photo Identification Card. 6. Service Interruptions 6.1 BUSU hereby acknowledges and agrees that the City shall, in no way, be held responsible for Service disruptions due to weather, traffic accidents, traffic congestion, detours, road closures and mechanical breakdowns, or any other unforseen circumstances. 6.2 (1) Notwithstanding paragraph 6.1 above, in the event of a sustained interruption of Service exceeding four consecutive days, the City shall reimburse BUSU on the basis of a daily rate calculated by dividing the fee payable for the Fall and Winter Semesters of the School Year by the total - 4 - amount of operating days during the Fall and ,"winter Semesters UI t,ie School Year and multiplying same by the amount of days without Service. The reimbursement will be paid by the City to BUSU within 30 days of the resumption of the Service. (2) in the event of a sustained period of closure or significant interruption of the business of Brock University for at least 14 consecutive days, as a result of strike, lockout, disaster, attack, etc., during which the Service in whole or in part is not required, BUSU may request a reduction in the Service from the City and the parties hereto agree to negotiate any reimbursement to BUSU from the City as a result of the actual reduction of Service. 7. Suspension of Agreement 7.1 In the event BUSU does not obtain approval from the Brock University Board of Trustees for the annual collection of supplemental and student ancillary fees, the terms and conditions of this Agreement shall be null and void for the Fall and Winter Semesters of the School Year and this Agreement shall be suspended until such approval is obtained. 8. Extension of Agreement 8.1 This Agreement may only be extended beyond April 30, 2015, upon mutual written consent by both BUSU and the City. 9. Termination of Agreement 9.1 Notwithstanding anything else herein contained, BUSU and the City shall have the option to terminate this Agreement for any reason, provided that the party wishing to terminate, gives the other 90 days prior written notice of its intention to exercise this right. 10 Arbitration 10.1 In the event of any dispute arising between the parties hereto, which cannot be decided amicably, the parties agree to attempt to mediate such dispute or to have such dispute determined by arbitration before a sole arbitrator in accordance with the laws of the Province of Ontario. 11. General 11.1 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this - 5 - Agreement other than expressed herein. 11.2 (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by email, by fax or by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of email or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of prepaid ordinary first class post, on the third day, which is not a holiday, following posting. 11.3 Notice shall be given to the City at: The Corporation of the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Legal Services Telephone No. (905) 356-7521 ext. 4242 Fax No. (905) 371-2892 and to BUSU at: Brock University Students' Union, Inc. Brock University Alumni Students' Centre St. Catharines, Ontario L2S 3A1 Telephone No. (905) 688-5550 ext. 4199 Fax No. (905) 641-7581 - 6 - .4 v V�her ever the singular or masculine is used in this Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. BROCK UNIVERSITY STUDENTS' THE CORPORATION OF THE UNION, INC. CITY OF NIAGARA FALLS Per: .-�_--� � -r Per: Roland Erman, President James M. Diodati, Mayor Per: �_ ' - Per: Kyle Rose, Vice President Dean lorfida, City Clerk Finance & Administration We have authority to bind the Corporation CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of an agreement with the Niagara College Administrative Council Inc. for the provision of transit services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement between the Corporation of the City of Niagara Falls and the Niagara College Administrative Council Inc. respecting the provision of transit services, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Memorandum of Understanding. 3. The Clerk is hereby authorized to affix the corporate seal thereto. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014. Second Reading: August 12, 2014. Third Reading: August 12, 2014. RECEWED THIS AGREEMENT made this 27th day of May, 2014. BETWEEN: JUN 2ZOi THE CORPORATION OF THE CITY OF NIAGARA FALLS TRANSPORTATION SERVICES Hereinafter referred to as the "City" - and - NIAGARA COLLEGE STUDENT ADMINISTRATIVE COUNCIL INC. Hereinafter referred to as "NCSAC" WHEREAS the City and NCSAC are the parties to an Agreement dated July 15, 2013, (the "2013 Agreement"), whereby the City provides ridership privileges to Eligible Students, as defined in said 2013 Agreement, on all regular City routes during the defined School Year; AND WHEREAS NCSAC has requested that the City expand such ridership privileges to include the period commencing May 1, 2014, through to and including August 31, 2014, for students attending Niagara College during that period; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, and subject to and with the benefit of the City's and NCSAC'S covenants, provisos and conditions in all respects as are contained in the 2013 Agreement, the parties agree as follows: Term and Eligibility for Service 1. The City hereby agrees to continue the unlimited ridership privileges enjoyed by the Eligible Students as defined in the 2013 Agreement, for the school year 2013/2014, throughout the period commencing May 1, 2014, through to and including August 31, 2014, (the "Summer Service"), such Summer Service to be specifically limited to students enrolled in and attending classes at Niagara College during such period (the "Summer Students") and for no other students. Fee 2. NCSAC hereby agrees to pay to the City, upon execution of this Agreement, the sum of FIFTEEN THOUSAND AND THREE HUNDRED AND THIRTY-SIX DOLLARS ($15,336.00), being the fee required by the City to provide the Summer Service for the Students. General Terms and Conditions 3. NCSAC hereby acknowledges and agrees that the Summer Service to be provided to the Students by the City pursuant to the terms of this Agreement, is specifically for transportation within the City of Niagara Falls and does not and will not include - 2 - transportation to and/or from the NCSAC's Weiland and/or Niagara-on-the-Lake campuses. 4. NCSAC acknowledges that the City is not obligated to continue the Summer Service during any portion of the balance of the Term as set out in the 2013 Agreement. 5. The City and NCSAC hereby acknowledge and agree that an identifying sticker will be adhered to the Niagara College Student Card as described in the 2013 Agreement, evidencing the Summer Students qualified to participate in the Summer Service. In addition, the parties agree that the Summer Students will have a one week grace period ccorprnencing April 28, 2014, through to and including May 4; 2014, during which time they will be allowed to participate in the Summer Service without the identifying sticker, after which time the identifying sticker must be shown on their Niagara College Student Card. G V. The City and A,IICSAC 4,Ierehy covenant and agree} a+they will perform and nhsorvo their covenants, provisos and conditions in the 2013 Agreement as ruby as if such covenants, provisos and conditions had been herein repeated in full with such modifications only as are necessary to make them applicable to this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. NIAGARA COLLEGE STUDENT THE CORPORATION OF THE ADMINISTRATIVE COUNCIL INC. CITY OF NIAGARA FALLS Per: Per: Shane Malcolm, President James M. Diodati, Mayor 1 `I � '/.,Lam✓ Matthew Cowell, Exec. V.P., N1OTL Dean lorfida, City Clerk //Z:1(//f,( J ennifer Howarth, Executive Director We have authority to bind the Corporation CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to amend by-law 2013-178, a by-law under the Building Code Act, 1992, S.O. 1992, c. 23, respecting construction, demolition, change of use, occupancy permits, transfer of permits, inspections and associated fees. WHEREAS a meeting with the development community on July 15' has highlighted the need to improve language associated with conditional building permits. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law 2013-178 is hereby amended by deleting Schedule "A", and that Schedule "A" , attached hereto shall be inserted in lieu thereof. 2. The amendment is effective retroactively to June 16, 2014. Passed this twelfth day of August, 2014 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 Schedule "A" By-law No. 2013-178 SECTION 1 FEE CALCULATION 1.1 FORMULA 1.1.1 Permit fees shall be calculated based on the formula given below, unless otherwise specified by this Schedule. Permit Fee = Prescribed Fee x Area Where the prescribed fee is that specified in the schedule for the classification of the proposed work; and Where Area is the calculated gross floor area of the proposed work (sq. ft. or sq. m) for each class of permit. 1.2 MINIMUM PERMIT FEE 1.2.1 A minimum permit fee of $150.00 shall be charged for all work, unless an otherwise indicated or prescribed "flat fee" has been assigned within the table. 1.2.2 The minimum permit fee shall be a non-refundable fee. SECTION 2 PERMIT FEES 2.1 NEW CONSTRUCTION AND ADDITIONS Class of Permit Permit Fee per m` Jan. 1, 2014. Jul. 1, 2014 Jan. 1, 2015 Jul. 1, 2015 Group A — Assembly Occupancies Jan. 1, 2016 & Beyond School, Church, Restaurant over 30 Seats, Library, Theatre, Educational or Recreational Facility and occupancies of a similar nature Casino $16.04 $16.52 $17.01 $17.52 $18.05 $26.01 $26.79 $27.59 $28.42 $29.27 2 Group B - Institutional Occupancies Hospital, Nursing Home, Reformatory, Prison and occupancies of similar nature $16.04 $16.52 $17.01 $17.52 ; $18.05 Group C - Residential Occupancies Single Detached, Semi -Detached, Duplex Dwellings $10.43 $10.75 $11.07 $11.40 $11.74 Triplex, Fourplex, Townhouse Dwellings $9.91 $10.21 $10.51 $10.83 $11.15 Additional fee for Finishing Basement $3.05 $3.14 $3.23 $3.33 $3.43 Apartment Building $9.70 $9.99 $10.29 $10.60 $10.92 Hotel / Motel / Bed & Breakfast $16.04 $16.52 $17.01 $17.52 $18.05 Group D - Business and Personal Service Occupancies Office or Medical Building, Financial Institution and occupancies of similar nature Finished $16.04 $16.52 $17.01 $17.52 $18.05 Architectural Shell $12.83 $13.22 $13.62 $14.02 $14.44 Group E - Mercantile Occupancies Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or Less, and occupancies of similar nature Finished $13.05 $13.44 $13.84 $14.26 $14.69 Architectural Shell $10.44 $10.76 $11.08 $11.41 $11.76 Group F - Industrial Occupancies Factory, Plant, Warehouse, Industrial Building occupancies of similar nature and $6.36 $6.55 $12.31 $6.74 $12.68 $6.94 $13.06 $7.15 $13.45 Offices in Industrial Building $11.95 Parking Garage Service Station, Car Wash -3- $4.56 $10.89 $4.70 $11.21 $4.84 $4.99 $11.55 $11.90 $5.14 $12.25 Accessory Structures to Group C - Residential Occupancies Attached Garage / Carport $8.15 $8.39 Other Accessory Buildings (detached garage / carport, shed) $3.36 Covered Deck / Porch Uncovered Deck / Porch Sunroom / Solarium $2.97 $8.64 $8.90 $3.46 $3.56 $3.06 $3.15 $3.56 $150 flat fee $3.24 $9.17 $3.78 $3.34 $8.15 $8.39 $8.64 $8.90 $9.17 Special Categories / Designated Structures Agricultural Building (barn, greenhouse) Air Supported Structure, Tent, Temporary Fabric Structure (use aggregate area for multiple tents) $3.20 Under 250 m2 250 m2 or more Conversion of interior of existing building to Casino Signs Under 10 m2 10 m2 or more Trailer (Construction trailer, sea container) Relocatable Building / Portable (support structure included) $3.30 $3.40 $3.50 $3.61 $150 $1.35/m2 $13.89 $150 flat fee $300 flat fee $200 flat fee $475 flat fee -4 - Communication Tower $225 flat fee Unenclosed Public Swimming Pool / Spa (Pool or Spa Only) $475 flat fee Wind Turbine Structure / On Ground Solar Collector $350 flat fee Roof Mounted Solar Panels $250 flat fee Other Designated Structure as listed in Division A 1.3.1.1 of the Building Code $250 flat fee Mobile Homes CSA Certified Mobile Home (foundation not included) $250 flat fee Uncertified Mobile Home (foundation included) $6.24 Mobile Home Foundation $1.79 2.2 ALTERATIONS AND REPAIRS Class of Permit Jan. 1, 2014 Group A — Assembly Occupancies Permit Fee p Jan. 1, 2015 r m2 Jul. 1, 2015 Jan, 1, 2016 & Beyond Including plumbing AND mechanical Including plumbing OR mechanical Excluding plumbing AND mechanical $10.83 $9.93 $9.03 $9.62 $9.91 $10.21 10.51 $8.82 $9.09 $9.36 9.64 $8.02 $8.26 $8.51 8.76 $10.83 $9.93 $9.03 5 Group B - Institutional Occupancies Including plumbing AND mechanical $9.62 $9.91 $10.21 $10.51 $10.83 Including plumbing OR mechanical $8.82 $9.09 $9.36 $9.64 $9.93 Excluding plumbing AND mechanical $8.02 $8.26 $8.51 $8.76 $9.03 Group C - Residential Occupancies Including plumbing AND mechanical $6.26 $6.45 $6.64 $6.84 $7.04 Including plumbing OR mechanical $5.74 $5.91 $6.09 $6.27 $6.46 Excluding plumbing AND mechanical $5.22 $5.38 $5.54 $5.70 $5.87 Foundation Only $2.61 $2.69 $2.77 $2.85 $2.94 Group D - Business and Personal Service Occupancies Including plumbing AND mechanical $9.62 $9.91 $10.21 $10.51 $10.83 Including plumbing OR mechanical $8.82 $9.09 $9.36 $9.64 $9.93 Excluding plumbing AND mechanical $8.02 $8.26 $8.51 $8.76 $9.03 Group E - Mercantile Occupancies Including plumbing AND mechanical $7.83 $8.06 $8.30 $8.56 $8.81 Including plumbing OR mechanical $7.18 $7.39 $7.61 $7.84 $8.08 Excluding plumbing AND mechanical $6.53 $6.72 $6.92 $7.13 $7.35 -6 Group F — Industrial Occupancies Including plumbing AND mechanical Including plumbing OR mechanical Excluding plumbing AND mechanical $3.82 $3.50 $3.18 $3.93 $4.04 $3.60 $3.71 $4.16 $3.82 $3.28 $3.37 $3.47 $4.29 $3.93 $3.58 General Alterations — All Classifications Roof Structure (replace, modify or alter structure) $375 flat fee Installation of drainage layer and weeping tile system Minor Alteration (not requiring plans) 2.3 DEMOLITION $200 flat fee $150 flat fee Class of Permit Permit Fee per m2 Buildings less than 275m2 in gross floor area All other demolitions 2.4 MISCELLANEOUS WORKS $150 flat fee $0.29 Class of Permit Permit Fee per m2 Underpinning (per linear metre) Stages (Temporary) $29.00 $275 flat fee 7 Demising Wall / Party Wall Installation Fireplace / Woodstove Commercial Kitchen Hood & Fire Suppression System Fire Alarm System Upgrades / Installations Sprinkler and / or Standpipe System Upgrades / Installations 2.5 CONDITIONAL / PARTIAL PERMITS $150 flat fee $150 flat fee $275 flat fee $275 flat fee $275 flat fee Class of Permit Permit Fee Building Foundation Complete to grade, including all underground services 15% Completed Structural Shell Complete exterior shell without any interior finishes 55% Complete Architectural Shell Complete exterior shell including interior finishes on exterior and structural walls 8000 Complete Building Includes all tenant improvements and complete interior finish 100% -8- 2.6 PLUMBING AND SEWER 2.6.1 Construction work related to plumbing and sewer installation when conducted as a component of other construction covered by a permit shall be included in the permit fee charged for that construction. 2.6.2 Where plumbing or sewer works are done as standalone projects the following fees shall be applicable: Class of Permit Permit Fee Single, Semi -Detached, Duplex, Triplex, Fourplex, Row House All plumbing contained inside of a building First seven (7) fixt. $100 flat fee Each additional fixt. $8/fixture All Other Buildings All plumbing contained inside of a building First five (5) fixt. $200 flat fee Each additional fixt. $8/fixture Sewer & Water Main Installation All buried piping on private property outside of a building First 15m Each additional 15m $100 flat fee $35 flat fee Backflow Preventer installation $150 flat fee Back Water Valve installation $150 flat fee Sump Pit installation (weeping tile installation included) $200 flat fee Grease / Oil Interceptor installation $200 flat fee -9- 2.7 OTHER FEES Class of Permit Permit Fee Administration Conditional Building Permit Agreement (in addition to permit fees) $500 Transfer of Permit $150 Moving a Building $100 Deferral of Permit Revocation $100 Building / Property / Zoning Report $100 Compliance Letter $200 Liqour Licence Inspection Report $150 Limiting Distance Agreements Registered on title $1,000 Permits Change of Use Permit Under 400 m2 $150 flat fee 400 m2 or more $0.76/m2 No const. required $75 flat fee Partial Occupancy Permit for an unfinished building $150 flat fee - 10 - Inspections Non Routine Inspection $75/hour Off Hours Inspection $150/hour Unprepared for Inspection $75 Plans Examination Stock Plans Review (model plans reviewed without building permit application) $350 Off Hours Plans Examination Requests (min mum 4 hrs) $'125/hour Review of Alternative Solution Submission (rninimum 4 hrs) $125/hour Secondary Plans Review $75/hour Review of Revisions / Amendments to Permits $100/hour Fee Based on Value of Construction For categories of construction not listed above. The minimum permit fees identified in subsection 1.2 of this Schedule shall apply. $15 per $1,000 of valuated construction cost or portion thereof -11 - SECTION 3 DEPOSITS 3.1 PERFORMANCE / SECURITY 3.1.1 The performance / security deposit is collected by the City to provide securities for any potential damage that may occur to municipal property through the course of the permitted construction. Furthermore, the deposit is also held for the assurance that all necessary inspections are completed throughout the duration of construction and finally to ensure that the permit file can be appropriately closed at the conclusion of the works. 3.1.2 Except as provided for in Article 3.1.3, an applicant shall be required to submit the applicable deposit(s) as specified below for each permit application submitted. 3.1.3 Where an applicant regularly submits more than seven (7) building permit applications per year, the applicant shall be eligible to submit a multiple permit deposit as specified below which, in turn, would exempt the applicant from the submission of the single permit deposits as required by Article 4.1.2. 3.1.4 In the case of single permit deposits: (1) where fees are incurred by the applicant through the course of the construction process, these fees shall be deducted from the submitted deposit; and (2) upon the close of the permit, any deposit funds remaining will be refunded to the applicant. 3.1.5 In the case of multiple permit deposits: (1) where fees are incurred by the applicant through the course of the construction process, these fees shall be deducted from the submitted deposit; (2) upon the submission of permit applications, the value of the multiple permit deposit shall be validated and where the remaining deposit does not satisfy the full value as required below, the difference shall be submitted with the permit application submission as a component of a complete application. (3) where the applicant wishes to withdraw the value of the multiple permit deposit, written notification shall be submitted to the Chief Building Official and any deposit funds remaining will be refunded to the applicant. -12- 3.1.6 In the case of a conditional building permit the applicant shall submit a conditional building permit deposit which shall be calculated by the Chief Building Official to be a percentage of the value of construction as prescribed in Article 2.5.1 of this by-law. 3.1.7 The conditional building permit deposit shall be submitted as a condition of a Conditional Building Permit Agreement whereby a limitation of the extent to which the construction permitted can be taken shall be established. 3.1.8 Where an applicant exceeds the limitations set by the Conditional Building Permit Agreement, the Applicant shall be deemed to be in breach of the said agreement and as such the conditionals building permit deposit, in its entirety, shall be forfeited to the City. 3.1.9 Forfeiture of the Performance / Security deposit, due to additional administrative or inspection costs, may result in whole or in part when one or more of the following occurs: (1) where the applicant fails to call for a building inspection that is required by the Building Code and identified through the permit process; (2) when a dwelling is occupied prior to the issuance of an occupancy permit or approval of occupancy of an unfinished building; or (3) where more than five (5) years has lapsed from the date of the last documented inspection. Class of Permit ., Deposit Single Permit Deposit detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse (per dwelling) $1,000 Multiple Permit Deposit detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse S10,000 - 13 - Other Permit Deposits Addition(s) to buildings described above where excavation is required $750 Miscellaneous construction accessory to the buildings described above with a construction value greater than $3,500 $500 Construction projects other than those described above involving buildings or additions where a Site Plan Agreement IS required $1,250 Construction projects other than those described above involving buildings or additions where a Site Plan Agreement IS NOT required $2,500 Demolition Project $750 Moving a Building $1,000 Conditional Building Permit Deposit 10% of Construction value (minimum $5,000) 3.2 LOT GRADING Class of Permit Deposit Any type of dwelling in a plan of subdivision that has NOT already been assumed by the City. (per dwelling) $1,000 Any type of dwelling proposed to be placed on an infill lot (per dwelling) $1,500 - 14 - SECTION 4 REFUNDS 4.1 FEES 4.1.1 Pursuant to Subsection 5.7 of this by-law, the fees that may be refunded shall be a percentage of the applicable fees assessed by this Schedule of Fees, calculated by the Chief Building Official as follows: Stage of Permit Refund Where only administrative functions have been completed (application received, cost analysis complete and application is entered into Building Services Database) Where only administrative and zoning functions have been completed Where administrative, zoning and plans examination functions have been completed 90% 60% Where the permit has been issued and field inspections have yet to be performed, subsequent to permit issuance 50% 4.1.2 If the calculated refund is less than the minimum permit fee applicable to the work as described in Subsection 1.2 of this Schedule, no refund shall be made of the fees paid. 4.1.3 Where a request for refund is made twelve (12) months or more after 1:he issuance of the permit, there shall be no fees refunded to the applicant. 4.2 DEPOSITS 4.2.1 The deposits identified in this Schedule shal'J be held as security by the City until the work for which the permit has been issued has been completed in accordance with the stipulated requirements of the permit to the satisfaction of the Chief Building Official. The applicant shall be responsible for any damage to municipal property or any restriction and associated costs of any such damage or repair may be deducted by the City in addition to any other available remedy or penalty. -15- 4.2.2 Should the cost of repairs exceed the value of the deposit held, the City shall invoice the applicant for the amount in excess of the deposit, and if such invoice is not paid by the stipulated due date, the City may recover the costs by action or by adding the costs to the tax roll of the property to which the permit relates, and collecting them in the same manner as taxes according to Section s.1 (2.1) of the Municipal Act. 4.2.3 Should deposits not be required to be called upon during the duration of the project, they will be released as follows: (1) Lot Grading shall be released upon successful approval of the Final Lot Grading Certificate submitted in accordance with Article 3.6.2 of this by-law; (2) Performance / Security Deposits shall be released upon successful completion of the project in accordance with the approved permit documents which results in a closure of such permit file. 4.2.4 Should deposits not be required to be called upon during the duration of the project, they will be released as follows: (1) Lot Grading shall be released upon successful approval of the Final Lot Grading Certificate submitted in accordance with Article 3.6.2 of this by-law; SECTION 5 EXPLANATORY NOTES 5.1 AREA OF CALCULATION 5.1.1 The area to be used in the calculation of fees shall be the total area of all floors, including those below grade, measured between the outside surfaces of the exterior walls or between the outside surfaces of exterior walls and the centre line of firewalls. Area shall be calculated in square metres (m2) for the purpose of this Schedule. 5.1.2 Where there are no floor or exterior walls for the project, area is to be calculated as the greatest horizontal area of the structure. 5.1.3 No deductions shall be made in the calculation of floor area for openings such as stairs, elevators, shafts or ramps. 5.1.4 Unfinished or unoccupied basements and crawlspaces are not to be included in the calculation of area in fee calculations for new construction and additions. Attached garages are not to be included in the fee calculation for new dwellings. -16- 5.2 INTERPRETATION 5.2.1 Major occupancy is based upon the Building Code. 5.2.2 A multiple unit (apartment) building is a building which consists of five (5) or more individual residential units in the same building. 5.2.3 An Alternative Solution is as defined in the Building Code. 5.2.4 The Fee prescribed for an Alternative Solution shall be in addition to any other applicable fee prescribed by this Schedule. Should any additional fees be incurred by the City in relation to the review of such a submission, but not limited to consultant fees, these costs shall be added to the calculated permit fee at 100% of its value. 5.2.5 Where multiple conditional permits are requested for the same property due to the construction of multiple buildings on the same site, the Chief Building Official may assign a value for the conditional building permit deposit that differs from that specified in the table above. This process may be utilized to collect a deposit for the property for the removal of the requested construction collectively as opposed to individually with each permit and shall be reflective of the cost associated with the removal of the requested construction. This deposit shall be associated and available to be drawn upon by each of the individual condition building permits that if is assigned to represent. 5.3 DISPUTE 5.3.1 The permit fee shall be determined by the Chief Building Official or designate, on the basis of this Schedule. If the applicant disagrees with the fee so determined, then the prescribed fee shall be paid as a deposit and after the works are complete, a refund shall be made based on the actual work done and inspections performed, at the discretion of the Chief Building Official. CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a standard crossing construction agreement with the Canadian National Railway Company. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A standard crossing construction agreement between the Corporation of the City of Niagara Falls and Canadian National Railway Company respecting Garner Road, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Memorandum of Understanding. 3. The Clerk is hereby authorized to affix the corporate seal thereto. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014. Second Reading: August 12, 2014. Third Reading: August 12, 2014. STANDARD CROSSING CONSTRUCTION AGREEMENT (Road Authority Proponent) THIS AGREEMENT effective as of the 01 day of January, 2014. BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY, a corporation having its head office at 935 de La Gauchetiere Street West, Montreal, Québec H3B 2M9 (hereinafter the "Railway") AND: THE CORPORATION OF THE CITY OF NIAGARA FALLS, a city having its head office at 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 (hereinafter the "Road Authority") WHEREAS there is an existing public road crossing, namely Garner Road, where it crosses at grade across the right-of-way and track of the Railway Company at mileage 26.89, on the Stamford subdivision (hereinafter the "Crossing"), in the City of Niagara Falls, in the Province of Ontario. WHEREAS it is the Road Authority's intent to reconstruct Garner Road, by adding a sidewalk (hereinafter the "Works") as shown on Plan No.(s) CC-7554, dated/revised April 2014, or any subsequent version approved by the Railway, (hereinafter the "Plan(s)"), attached hereto as Appendix I and forming an integral part hereof; WHEREAS in order to accommodate the Works, a modification to the crossing warning system consisting of an additional bell is necessary. NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1. The parties are required to fulfill their respective obligations under the Railway Safety Act. For the purposes of the Railway Safety Act, the Road Authority is considered to be the proposing party (hereinafter the "proponent"). 2. The Road Authority will ensure that the plans for the Works and any subsequent revisions are submitted to and approved by the Railway prior to the commencement of construction. 3. The Road Authority will carry out the work as shown on the Plan(s), and in accordance with Railway requirements respecting safe railway operations. Initials: Railway Page 1 of 16 Road Authority 4. The Road Authority agrees to sign and be bound by the terms and conditions of the Railway's Right of Entry form, a sample of which is attached hereto, prior to undertaking any work on Railway property. 5. The Road Authority will also require its authorized employees, servants, agents or contractors, to adhere to Railway requirements respecting safe railway operations, including certification under eRaiLafe or Contractor Orientation, as the case may be, prior to undertaking any work on Railway property. 6. The physical work associated with the construction and maintenance of the Works shall be the responsibility of the Road Authority at its cost. . 7. The future cost of maintenance associated with the Works shall be paid by the Road Authority. 8. The physical work associated with the modifications to the crossing warning system, including the addition of a bell made necessary by the reconstruction, shall be the responsibility of the Railway. All costs associated with the said modifications to the crossing warning system shall be paid by the Road Authority. 9. The cost of maintaining the crossing warning system shall be paid 50% by the Road Authority and 500/u by the Railway as currently in effect. 10. All initial and on-going sightline clearing is to be in accordance with Transport Canada's Grade Crossings Regulations and Grade Crossings Standards (or any subsequent amendment thereof). Each party will be responsible for the physical work associated with the sightline clearing of their own property. The physical work associated with the sightline clearing of private property shall be the responsibility of the Road Authority. Costs associated with the sightline clearing of railway property shall be paid by the Road Authority. Costs associated with the sightline clearing of Road Authority property shall be paid by the Road Authority. Costs associated with the sightline clearing of private property shall be paid by the Road Authority. 11. All costs associated with the installation and maintenance of a premium crossing surface consisting of asphalt and Hi-rail rubber will be paid by the Road Authority. 12. Should there be a requirement for a new or improved crossing warning system beyond what is being installed pursuant to this Agreement, the terms associated with its installation and future maintenance will be agreed to by the parties in a separate agreement. 13. If at any time during the continuance of this Agreement either party wishes to widen, relocate, make more narrow or otherwise upgrade the crossing (the "reconstruction"), the terms associated with the reconstruction will be agreed to by the parties in a separate agreement. 14. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and all applicable federal laws and regulations. 15. This Agreement is not assignable without the prior written consent of both parties which consent will not be unreasonably withheld. Notwithstanding the above, in the event of the transfer of its line for continued operations, the Railway will have the right to assign this Agreement to any subsequent Initials: Railway Page 2 of 16 Road Authority owner. The Road Authority will also have the right to assign responsibility for the highway to another road authority on condition that the highway maintains its public status. 16. This Agreement shall become effective on the date appearing on page 1 of this Agreement and shall continue until either the Railway discontinues its operations or the Road Authority closes the Highway at this location, or upon the written consent of both parties. 17. Upon termination of this Agreement, the Road Authority, as the proponent of the Works, shall be responsible for all future costs associated with the existence of the Works, including the cost of maintaining the Works or dismantling the Works and restoring the Railway and Road Authority property to its original or mutually agreed upon condition. 18. Notwithstanding clause 17, upon termination of this Agreement, the Railway shall be responsible for all future costs associated with the existence of the crossing including the cost of maintaining the crossing or dismantling the crossing and restoring the Railway and Road Authority property to its original or mutually agreed upon condition. 19. Notwithstanding the termination of this Agreement, the obligations of the Road Authority and the Railway as to clauses _17 and 18_ set forth in this Agreement shall survive any such termination and shall remain in force until discharged. 20. Upon execution, the Railway may file this Agreement with the Agency. 21. Subject to clause _20_ this Agreement is confidential and the Agreement or any of its terms and conditions shall not be disclosed to any third party, person or association except and to the extent as may be required by law or upon the prior written consent of all parties hereto. 22. If either party fails, at any time, to fulfill its obligations provided in the present Agreement, the other party, at its option, may, upon reasonable notice, undertake the necessary measures to ensure safety, at the risk and expense of the responsible party as defined in this Agreement. 23. The parties agree to settle disputes by way of negotiations. Should negotiations fail; the parties agree that the dispute may be referred to the Agency for resolution in respect of matters within the Agency's jurisdiction. For matters not within the Agency's jurisdiction, the matter may be referred to a court of competent jurisdiction. 74. The preamble to this Agreement forms an integral part of the Agreement. This portion is purposely left blank. Initials: Railway Page 3 of 16 Road Authority IN WITNESS WHEREOF, the parties have caused the Agreement to be executed by their respective representatives hereunto duly authorized, as of the date first above written. CANADIAN NATIONAL RAILWAY COMPANY Signed in the presence of: Witness Signature Signature Witness Name [please print] Name [please print] Witness Title [please print] Title [please print] Date --- ------ -- -r-r„ --- - - -- vuic THE CORPORATION OF THE CITY OF NIAGARA FALLS Signed in the presence of: Witness Signature Signature Witness Name [please print! Name [please print] Witness Title [please print! Title {please print! Date Date Initials: Railway Page 4 of 16 Road Authority r' 7 5,'54 ! 1 F 'J ➢� T Initials: Railway Page 6 of 16 Road Authority RIGHT OF ENTRY General Conditions 1. "Railroad" refers to Canadian National Railway Company or such of its affiliates or associates meaning ascribed to those terms under the Canada Business Corporations Act) to whose property this Right of Entry relates. 2. This Agreement is entered into as of this day of , 20 between Railroad, having its registered office at 935 de la Gauc_hetiere West, Montreal, Quebec, H33 2M9, and Company N rY ie) Criompany") having a place of business at _Mer .ss 3. The Railroad, solely to the extent of its right, title and inteYest, without any warranty, expressed or irnoii✓c', at law, under contract or otherwise, hereby grants to Company and its authorized employees, servants, agents or contractors, authorization and consent to enter upon the property described under Schedule "A" hereto (the "Railroad property") for the sole purpose described under Schedule "A" hereto. This Right of Entry shall only extend to such actions as are necessary or required to fulfill the purpose described under Schedule "A" hereto. 4. This Right of Entry shall terminate forthwith upon expiration of the term noted in Schedule "A" hereto, it being understood that Railroad shall have entire discretion to revoke this Right of Entry at any time prior to the expiration of the term, upon notice to that effect to the Company, which notice shall be efffec-ise forthwith upon receipt by the Company or at such later date indicated by Railroad in the aforesaid notice. 5. The Railroad grants this consent subject to the understanding that Company and its authorized employees, servants, agents or contractors who enter upon Railroad property will: 5.1. See that any activities conducted on said Railroad property are done in a good wor<manlike manner, in compliance with applicable laws, statutes, regulations, policies, directives, orders, approvals and other legal requirements and in such manner and at such time as not to obstruct or interfere 'auth Railroad's operation, trains or the functioning of its signal ann communications systems or any fiber optic cable system or unduly delay the safe passage of Railroad's trains; 5.2. For the purposes hereof, the following expressions shall have the meanings hereinafter noted: 5.2.1. "Applicable Laws" means the applicable and enforceable statutes, regulations, ponces directives, orders, approvals and other legal requirements of an Authority or of the common laN in effect from time to time, including, without limitation, those, together with the guidelines of an Authority, relating to the protection, conservation or restoration of the natural environment; 5.2.2. "Authority" means the federal, provincial, municipal, state, county and, generally local governments, the courts, administrative and quasi-judicial boards and tribunals and any other organizations or entities with the lawful authority to regulate, or having a power or right conferred at law or by or under a statute; 5.3. Observe, abide by and comply with any and all guidelines, directives and policies adopted from time to time by Railroad including, without limitation eRailsafe, Contractor Orientation (as the case may be). 5.4. Take due precautions against injury and damage to persons or property located upon said Railroad property; and Initials: Railway Page 7 of 16 Road Authority 5.5. Unless otherwise agreed to, return said Railroad property to the same condition, reasonable wear and tear excepted, as existed prior to such work, failing which Railroad, after providing written notice to Company, and allowing Company d reasonable amount of sidle to retur.'ai the Railroad property to the same condition, may do so at Company's sole cost and expense. Work 6. Any work carried out by Company shall be carried out at those locations described in Schedule "A" Jr shown on the Plan attached hereto as Schedule 'B" and, as the case may be, in the manner described therein.' 1. Company agrees to advise Railroad's representatrse Identified in Schedule "A" hereto (.the "Rep esen`a or such other representative designated from time to time by Railroad as to the dates and ':i-nes when tn;e work will be conducted on Railroad property and to provide him with at least ten (1 0) corking days ad,,ance notice before entering upon Railroad property to commence any work or for any other purpose. Unles; otherwise agreed to in writing, Company agrees to assume the costs of engineering services, Railroad's Representative's costs and its designee, signal locates, flagman, track labor and all other associated cosh incurred by Railroad. Railroad shall, at its option, invoice Company directly for such costs or, if any or those third services have ueen provided by a Third par ty, Railroad may direct such uiiu pa��:y in,ivi:e directly Company, in 'which case Company undertakes and agrees to pay such third party fur;h ,i til (i) Railroad's direction to pay such third party; (ii) proper invoice for the relevant services. 3. The Railroad, its employees, agents or representatives shall have the right to view and Inspect any activity or work on Railroad's property. If, in the sole opinion of Railroad, any activity or work is undesi-able for any safety-related reason, Railroad shall notify Company, its authorized employees, ser ants, agents or contractors and if appropriate corrective action is not taken, Railroad shall have the right to terminate this Agreement at once. 9. Railroad shall have the right to restrict Company's activity on Railroad's property in any svay 'ha: Pai!ro,ad may deem necessary from time to time to assure normal railroad operations or for safety reasons and attef consultation with Company, shall also have the right to require Company, its authorised employees, ;rriant; ;anent; nr rnntrartnr. to ;amply with Railrnad'ti instruction-, .and take anv if,a1E-f.tv oreicirTJtIons that Railroad may reasonably deem necessary from time to time. No work shall be performed or equipment located within thirty (30) feet of the centerline of the nearest railroad _rack without flagging orot-a.:'' on being provided by Railroad, at the Company's expense or as otherwise aye ed to lir i.iiirittng. end ;,or< m..st be arranged no less than ten (10) business days in advance of starting work. 10. Company shall not suffer or permit any construction lien or similar Hen to be filed or registered against Railroad property. If such a lien shall at any time be filed or registered, Company shall forthwith procure its discharge at its sole costs and expenses. Railroad shall have the right, f Company fails to `orthwith procure such discharge, to discharge any lien filed or registered at any time against Railroad property, and any amount paid by Railroad in so doing together with all reasonable costs and expenses of Railroad including its legal fees and costs shall be paid to Railroad by Company on demand. Confidentiality 11 . Company covenants and agrees that any information of whatsoever nature (whether such information is written, verbal or otherwise), relating to Railroad, its operations, properties, business, assets, liabilities and financial condition (together with any and all memoranda, notes, reports, documents based upon and relating to such information, all copies and extracts thereof and all studies and data prepared on the basis of such information), is strictly confidential and Company represents and warrants that neither Company nor those for whom it is responsible at law will release the reports or any of the information contained therein (including to any Authority), without the express written consent of Railroad, and Company shall refuse all requests for such Initials: Railway Page 8 of 16 Road Authority reports or information in the absence of Railroads express written consent, unless compelled to do so by competent judicial or administrative authority and only to the extent that (i) Company gives Railroad timely notice of any proceeding and/or hearing related thereto; and (ii) Company has taken no action that would hinder Railroad from seeking a protective order to prevent such disclosure of its confidential information. Company further undertakes and agrees to share with Railroad, at no cost to Railroad, any and all conclusions, studies, reports or data incorporating, based Joon or relying on any such informatio' Indemnity 12. Company shall indemnify and hold harmless Railroad from any losses, liens, damages, liability, and expenses ("Damages") incurred by Railroad arising from Company's, or its employees, agents, contractors or sub- contractors', breach of its obligations or warranries under this Right of Entry; any third parry claims associates with or arising under this Right of Entry; or Conipanys access to Rail oed's or Railroads a'iiiiia-es premises. In the event that Railroad has incurred Damages, Railroad shall notify Company and Company shall indemnify Railroad for the Damages and defend and hold harmless Railroad against any third party legal claims associated with the Damages. Ho third party claim may be settled Mout the consent of Railroad, which consent shall not be unreasonably withheld. Insurance 13. Company, its contractors or any sub-contractors shall each provide and keep in force and effect throughout_ the term of this Right of Entry such insurance, in amounts and for risks as Railroad may prescribe from time to time including, if applicable, the kinds and minimum amounts of insurance set out under Set'fduie "C" — "General requirements". 14. If Company, its contractors or any sub-contractors shall perform sub-surface work, Company, its contractors or any sub-contractors shall also provide and keep in force arid effect throughout the term of this Right of Entry the additional insurance specified under Schedule "C" — "Sub-Contractor Insurance Coverage". The Company, its contractors or any sub-contractors will not enter Railroad property without taking obtained a certificate certifying that they have obtained all of the insurance coverage requinad hereunder_ The Railroad may at any time require the Company to frainisla said riertWcate ani failure to so rra; resrai. removal from Railroad property, cancellation of .agr'e:_'nt and other consequences includ ng without limiting damages or consequential losses resulting from the non-completion of the work, as Railroad may determine. Said insurance shall state that no material changes ;will be made to 'he pollees units Ra!HcaadSi . �s given a prior written notice of thirty (30) days bef ar:' s. c° change or canc_Matson. Any insurar cii co, _da required under the terms and conditions of this contract shall in no manner restrict or limit the liabilities assumed by Company nor shall they release Company from any of its obligations .ander this contract. Exceptions 1 5. Any exception or variation to the terms and conditions of this Right of Entry snail be specifcally dent!nied m Schedule "A" hereto. No such exception or variation shall be binding upon Railroad anless Schedule "A" is properly initialed by Railroad's duly authorized representative(s). Miscellaneous 16. Company shall not have the right to transfer and;or assign this Right of Entry or any of its rights hereunder without Railroad's prior written consent, which consent Railroad shall have entire discretion to withhold or delay. Initials: Railway Page 9 of 16 Road Authority 17. All notices provided for under this Right of Entry shall be in writing and sent by pre-paid registered mail, fax or hand-delivered to the other party at the addresses herein first noted or at such other address as either party may notify the other from time to time. Such notices, if given by mail, shall be deemed to have been received on the third business day following the postage thereof; if by fax or hand delivery, at the date and time the fax is sent or the hand deli':ery ls made. 18. Either party's exercise or failure to exercise any rights under this Agreement shall n ` relieve the other parry of any responsibility under this Agreement. 19. In the event of conflict between the terms hereof and the terms of any other agreement between Railroad and Company, the most stringent standards and conditions shall govern. 20_ Thi; Right of Entry shall he governed by the laws of the jurisdiction where Railroad property accessed under the authority hereof is located, as noted under Schedule "A" hereto. The parties have executed this Agreement this day of _ 20 RAILROAD Cgned. Print Name: Title: COMPANY S gned: Phef Title: Initials: Railway Page 10 of 16 Road Authority Schedule A Railroad Property Limited Access For the limited purpose of Purpose [insert detailed description'. Term A term of [number of days/months/years], beginning on [commencement date'a�c� aiid terminating on [termination date], unless sooner terminated as provided hereunder. Insurance General Requirements None required (Relief from Insurance Requirements ❑ requires prior approval from CN Law Department) Sub-Contractor Insurance Coverage Required Exceptions/ Variations (Variation in insurance coverage requires prior approval from Risk Management Department) Representative (name and address) Initials: Railway Page 11 of 16 Road Authority Schedule B Plans (Appended hereto) *************** Initials: Railway Page 12 of 16 Road Authority Schedule C General Requirements (a) Commercial General Liability insurance in an amount of no less than ten million dollars ($10,000,000) per occurrence, or such other amounts as Railroad may reasonably require from time to time, combined single limit for bodily/personal injury including death and/or damage to or destruction of property (including loss of- use) fuse) caused by an accident or an occurrence and also including contingent employers liability, products and completed operations coverage, non-owned automobile liability and contractual liability endorsement specifically granting coverage for all liability assumed under this agreement. This insurance shall name Railroad as additional insured and shall contain cross liability clause and shall specifically include liability for operations within or around railroads and railway tracks; and [include(b) only for parties performing work] (b) To the extent Company carries out work on its own behalf or on behalf of Railroad, it shall provide and cause its contractors or its sub-contractors to provide and keep in force and effect throughout the term of this Right of Entry, in addition to the insurance listed above (which, for greater clarity it shall also cause its contractors and sub-contractors to provide and keep in force and effect as aforesaid), the following kinds and minimum amounts of insurance: - Automobile Liability insurance on all licensed vehicles owned by, hired, leased to or on behalf of the Company's contractor in an amount no less than five million dollars ($5,000,000) per occurrence. - Professional Liability insurance to the extent required with limits of not less than $5,000,000 per claim and a deductible of not more than $25,000 or for such greater amounts as Railroad may from time to time reasonably require. - If available in the jurisdiction covered by this Agreement Worker's Compensation insurance in amounts not less than the statutory limits and Employer's Liability in an amount no less than five million dollars (55,000,000). - All Risk Builders Risk Insurance All risks contractor's equipment insurance covering construction machinery and equipment used by the Sub- Contractor for the performance of the Work, as well as any structures being built or assembled, shall be m a form acceptable to the Contractor and Railroad and shall not allow subrogation claims by the Insurers against the Contractor and Railroad. The policies shall be endorsed to provide the Contractor with not less than thirty (30) days written notice in advance of cancellation, change or amendment restricting coverage. [include following only if party is performing sub-surface work] Additional insurance Requirements for Sub-Surface Work (a) Expanded Commercial General Liability Insurance: The policy is to have a minimum limit of liability of $5,000,000 and is to contain the following coverages and provisions: - Personal Injury; - Broad Form Property Damage; - Occurrence (not claims made) Format; - Broad Form Contractual Coverage; - Product and Completed Operations; - Unlicensed Vehicles on and off premises owned or controlled by the Owner; - Non-owned Automobile Insurance; Initials: Railway Page 13 of 16 Road Authority - Cross Liability and Severability of Interest Cause; - Owners and Contractors Protective Coverage; - Named Penis Pollution Coverage - No XCU exclusions; and • Hold harmless and waiver of subrogation against the Contracting Authority and Railway; • Insurance shall specifically include liability for operations within or around railroads and railway tracks; - 30 Day Cancellation clause. (b) Environmental Impairment Liability Insurance The policy is to have a minimum limit of liability of $5,000,000 and must contain the following coverage and provisions: - Third Party Personal and Bodily Injury; - Property Damage including Third Party Clean-up Costs; - Defense Costs; - Covering Gradual Pollution and Sudden and Accidental Events; - Covering off site Clean-up Costs; - Extended Discovery Period - up to two years; - Coverage not "Sita-Spenifir" but rather covers all npprations and locations outlined in the Contract Specifications; - Covering Wastes and Materials to be recycled, stored, reconditioned or decontaminated, on or off premises Owned or Occupied by the Insured; - Cross Liability and Severability of interest Clauses; - Contractual Liability; - 30 day Notice of Cancellation; and - Blanket Contractors Pollution Coverage Initials: Railway Page 14 of 16 Road Authority Schedule D UNDERTAKING BY CONTRACTOR I hereby undertake to respect the attached CN Policies and to ensure that they are respected by my vvorkers, subcontractors and suppliers and visitors. I also hereby acknowledge that ! have received a copy of said documents. WSIB/CSST EMPLOYER NUMBER: CONTRACTOR'S NAME: AUTHORIZED REPRESENTATIVE: TITLE: Signature: Date: Initials: Railway Page 15 of 16 Road Authority Schedule E EMPLOYER INFORMATION SHEET Contractor information Name: Address: Telephone (head office): (\Nnrk site) (Emergency) : Fax (head office): (Work site) : Person in charge at work site Name : Title: Phone : Safety and health representative Name I itle/Association: Phone : Union representative Name : Title/Association: Phone : Signature: Date: Initials: Railway Page 16 of 16 Road Authority CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a Memorandum of Understanding with the Regional Municipality of Niagara Police Services Board for policing costs. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . A Memorandum of Understanding between the Corporation of the City of Niagara Falls and the Regional Municipality of Niagara Police Services Board, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Memorandum of Understanding. 3. The Clerk is hereby authorized to affix the corporate seal thereto. Passed this twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014. Second Reading: August 12, 2014. Third Reading: August 12, 2014. THIS MEMORANDUM OF UNDERSTANDING made this 12'h day of August, 2014. BETWEEN: THE CORPORATION OF CITY OF NIAGARA FALLS Hereinafter referred to as the "City" - and - REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD Hereinafter referred to as the "Board" RECITALS 1. There are two casinos located in the City of Niagara Falls which are owned by the Ontario Lottery and Gaming Corporation ("OLG"); 2. Since the commencement of the operation of these casinos, the OLG has paid a Hosting Fee to the City to provide, inter alia, compensation to the City for the impact of the presence of the casinos upon the City; 3. Since the commencement of the operation of these casinos, until the first day of April, 2013, the OLG has provided funding to the Board to compensate that police service for the additional policing costs caused by of the presence of the casinos in the community; 4. in 2013, the government of the Province of Ontario altered the relationship between the City and the OLG and the Board and the OLG; 5. Pursuant to the new direction of the government of the Province of Ontario, the OLG severed its contractual relationship with the Board and provided funding to the City pursuant to a new funding formula; 6. The Board was directed by the government of the Province of Ontario to look to the City for compensation for the additional policing costs caused by the presence of the two casinos in the City's community; 7. At the same time, the City was directed to provide funds to the Board out of the funds provided to the City by the OLG for the purpose referenced in Recital 6 above; - 2 - t5. This Memorandum of i lnderstanding is the result of negotiations bet` een the Board and the City, with a view to replacing the funding previously provided to the Board by the OLG, to compensate the Board for the additional policing cost caused by the presence of the two casinos in the City's community. AGREEMENT In keeping with the recitals set out above, and for the mutual promises and covenants herein contained, the parties agree as follows: 1 . The City will commit to provide funding to the Board on a year by year basis and the parties shall negotiate funding and related issues in good faith, annually, for the purpose of compensating the Board for the additional policing costs caused by the presence of two (2) casinos in the City. 2. In the first year, being the January 1, 2014, to December 31, 2014, calendar year, the total payment to the Board shall be Four Million and Two Hundred Thousand Dollars ($4,200,000,00). 3. For the year ending December 31, 2013, the City will pay to the Board, the sum of Three Million and One Hundred and Sixty-Four Thousand and Three Hundred and Eighty-Three 561100 Dollars($3,164,383.56), being the sum of$4,200,000.00 multiplied by 275 (being the number of days between April 1, 2013 and December 31, 2013, inclusive), divided by 365. 4. The City will pay the sum described in paragraph 3 above, upon the execution of this Memorandum of Understanding. 5. The funding payments in the 2014 calendar year will be paid in quarterly installments, within a reasonable time after the City itself receives its quarterly installments of funding from the OLG. 6. The Board shall ensure that adequate and effective staffing and service levels (including overtime allocations) are maintained during the Agreement period. 7. The Casino Patrol Unit of the Board will patrol and service the area of the City depicted in the attached Schedule "A". 8. The Board will provide quarterly Reports and other information as the City, acting reasonably, requests. - 3 - IN WITNESS WHEREOF the parties hereto have executed this Memorandum of Understanding. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: Name: Title: REGIONAL MUNICIPALITY OF NIAGARA POLICE S TS BOARD ty" Per / -TAIKAFASAii • L7-.._Lii- Title: t.2 c Name: Title: 'af L SCHEDULE A tinit Dfstrict i u tro f Zc;`'.- 2 r0 220 • • • • 240 • Legend Road Neth:vork RPS Pati.;! ?Dries 2.30 2.-,) • _ d,r.1:,a (Ve4V Yf;rk 250 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the payment of$23,910,062.15 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 19, 2014 to July 23, 2014. Passed this twelfth day of August 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of August, 2014. 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 12th day of August, 2014 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 twelfth day of August, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 12, 2014 Second Reading: August 12, 2014 Third Reading: August 12, 2014