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2006/03/06COUNCIL MEETING Monday, March 6, 2006 Order of Business and Agenda Package COUNCIL MEETING March 6, 2006 PRAYER: Alderman Victor Pietrangelo O CANADA Samantha Hart who attends St. Vincent de Paul School will sing the National Anthem. ADOPTION OF MINUTES: Council Minutes of February 20, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS WinterLights Celebrations Frances Berry, Chair of the WinterLights Committee will made a brief presentation to inform Council of the results of the National WinterLights Competition. Board of Museums Gord West, Chair and Kathy Powell, General Manager of the Board of Museums will be present to announce the Board's upcoming raffle. Regional Update Regional Councillor Anne Angelone will provide an update on Regional activities. Public Meeting Zoning By -law Amendment Application, AM- 03/2006 5685 and 5705 Falls, 4608 and 4800 Bender Street, and 4915 Clifton Hill Applicants: Canadian Niagara Hotels Inc., Maple Leak Entertainment Inc., 1032514 Ontario Ltd. 1006092 Ontario Ltd., Modifications to Previously Approved Waterpark and Enclosed Pedestrian Bridge Background Material: Recommendation Report: PD- 2006 -19 -AND- Correspondence from the Niagara Region 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer -2 PLANNING MATTERS Public Meeting Proposed Official Plan Amendment No. 62 Section 37 Public Benefit Exchange for Increased Height and Density Background Material: Recommendation Report: PD- 2006 -13 MISCELLANEOUS PLANNING MATTERS PD- 2006 -16, Adoption of the (Tourist Area) Implementation Handbook as an Appendix to the Official Plan PD- 2006 -15, Architectural Peer Review, Response to Comments PD- 2006 -20, Lotting Adjustment Woodlot Deerfield Estates Draft Plan of Subdivision File: 26T -11- 2005 -03 (Revised) Owner: River Realty Development (1976) Inc. MAYOR'S REPORTS. ANNOUNCEMENT 3 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Sci -Tech Ontario Re: Youth Science Month requesting that the March 2006 be proclaimed as "Youth Science Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF "IN CAMERA" ACTIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2006 -03, Interim Revenue Model for Pooling of Bingo Halls F- 2006 -18, Municipal Accounts L -2006- 04, Release of Restrictive Covenants, 4417 -4425 Kent Avenue Niagara ArtCraft Woodwork Company, File No. 2005 -396 MW- 2006 -26, Assumption of Various Subdivisions MW- 2006 -27, Cathodic Protection of Watermains 2006 -164 -06 Contract Award R- 2006 -09, Winter Active 2006 R- 2006 -10, Donor Recognition Agreement with Casino Cares for MacBain Community Centre 4 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -50 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Heavy Vehicle Restriction) 2006 -51 A by -law to amend By -law No. 79 -200, to permit a clinic. 2006 -52 A by -law to authorize the execution of a Charitable Donation /Naming Rights Agreement with Falls Management Company, The Cares Foundation of Niagara Fallsview Casino Resort, Casino Niagara and the YMCA of Niagara, respecting a donation to the YMCA of Niagara as a capital contribution to the development and construction of the MacBain Community Centre. 2006 -53 A by -law to establish Block 104 on Registered Plan 59M -338 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -54 A by -law to authorize the payment of $17,609,420.83 for General Purposes. 2006 -55 A by -law to amend By -law No. 2005 -85, being a by -law to permit an increased building envelope and height for an enclosed water park and a series of enclosed pedestrian walkways, respectively. 2006 -56 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the west side of Kalar Road, south of Lundy's Lane, east of Garner Road and on the north side of the hydro corridor (AM- 27/2005, Deerfield Estates, River Realty Development (1976) Inc.). (HAND -OUT) 2006 -57 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6 day of March, 2006. NEW BUSINESS s.. .b.� Teresa Fabbro Fwd WnterLights Celebrations Pa •e 1 From: Dean lorfida To: Teresa Fabbro Date: 2/17/2006 10:18:15 AM Subject: Fwd: WinterLights Celebrations Put in file for March 6th. Sue Forcier 2/16/2006 9:41 AM Dean: The Committee WinterLights would like to do a presentation to Council regarding the National WinterLights Competition. March 6 works out great! Selina will be back for the meeting and requested that we present our hardware that night. Thanks, Sue Teresa Fabbro Re: Cit Council on Febrau 20th Pal e1 From: To: Date: Subject: Dean lorfida Kathy Powell 2/9/2006 11:03:49 AM Re: City Council on Febraury 20th Kathy: let's hold off until March 6th for this one if that's okay. Thanks Dean Kathy Powell 2/4/2006 4:35 PM Hello Dean, The Board of Museums is hoping to be able to announce their raffle at City Council were wondering if they could do a short deputation that evening? If it seems that we won't have all the kinks worked out before that we will try to find after. Thanks again for your help. Kathy CC: Teresa Fabbro on February 20th and another date soon Teresa Fabbro RE: Future Council Deputation Pa•e 1 From: To: Date: Subject: March 6th it is. Thanks Anne! Dean "Anne <aangelone @cogeco.net> 1/13/2006 3:08 PM Hi Kiddo Thanks and how about March 6 th for my update to council. Have a great weekend Dean and ALL the Best for 2006!!!! Anne Anne Angelone Regional Councillor 905 354 -6936 905 353 -5210 CC: Teresa Fabbro Dean lorfida Anne 1/13/2006 3:10:56 PM RE: Future Council Deputation Original Message--- From: Dean lorfida Jmailto :diorfida(a,niagarafalls.cal Sent: Friday, January 13, 2006 1:32 PM To: anne. anaelone (dilreoional.niaoara.on.ca Cc: Teresa Fabbro; Ted Salci Subject: Future Council Deputation Hi Anne: Happy new year! Got your message. Our meetings in February/ early March are as follows: Feb. 6th, Feb. 20th and March 6th. Let me know what works for you. Thanks Dean Niagara Cary of s Niagara Falls Canada Members RECOMMENDATION: It is recommended that Council: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario March 6, 2006 Re: PD- 2006 -19, Zoning By -law Amendment Application AM- 03/2006, 5685 5705 Falls, 4608 and 4800 Bender Street and 4915 Clifton Hill Applicants: Canadian Niagara Hotels Inc., Maple Leaf Entertainment Inc., 1032514 Ontario Ltd. 1006092 Ontario Ltd. Modifications to Previously Approved Waterpark and Enclosed Pedestrian Bridge 1) approve the requested Zoning By -law amendment application to relocate a previously approved enclosed pedestrian bridge between the new waterpark and the Skyline Inn and permit its height to be increased and to recognize design changes to the new waterpark, as outlined in this report; and 2) pass the by -law on tonight's agenda to implement the above noted recommendation. PD- 2006 -19 Doug Darbyson Director Canadian Niagara Hotels et al have requested an amendment to Zoning By -law Nos. 79 -200 and 5535, 1955, as amended by By -law No. 2005 -85, for the lands known as 4608 and 4800 Bender Street, 5685 and 5705 Falls Avenue and 4915 Clifton Hill, as shown on Schedule 1. Last year, Council passed By- law No. 2005 -85, which permits the development of a waterpark on top of an existing parking garage and a series of elevated pedestrian walkways between the waterpark and the applicant's existing hotels. The applicant wishes to relocate the proposed enclosed pedestrian bridge to the Skyline Inn (4800 Bender Street) in a northerly direction (from immediately above the Niagara Casino entrance to the north end of the waterpark) and increase its height by up to 10 metres (33 feet). In addition, minor design changes to the waterpark, involving the construction of ledges around the foot of the waterpark to contain snow and ice falling off the dome, are to be recognized. The modifications to the waterpark and the proposed enclosed pedestrian bridge are identified on Schedules 2 and 3. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 6, 2006 2 PD- 2006 -19 The lands are zoned Tourist Commercial -712 (TC -712) under Zoning By -law No. 79 -200, in part, and Commercial One (C1) and Industrial One (I1) under 5335, 1955, in part, as amended by By -law No. 2005 -85. By -law No. 2005 -85 is requested to be amended to reflect the design changes to the waterpark and the proposed pedestrian bridge. Surrounding Land Uses The core of the Clifton Hill tourist area lies to the west and south of the subject lands. To the north are Newman Hill and some small -scale tourist commercial uses. Oakes Garden and the Bridge Commission lands lie to the east. Circulation Comments Regional Municipality ofNiagara Regional Planning Staff considers the proposed revisions to be minor and has no objection to the proposed zoning amendment. Building By -law Services All required building permits are to be obtained prior to commencement of construction. City Clerk No objection. Fire Services Planning Review No objection. The requested changes to the previously approved waterpark and enclosed pedestrian walkway are relatively minor in nature and maintain the intent of Council's earlier approval of this development. The following is a summary of Planning staff's analysis of the application. 1. The waterpark and enclosed pedestrian bridge comply with the intent and purpose of the Official Plan. The lands are designated Tourist Commercial under the Official Plan and are part of the Clifton Hill subdistrict. Hotels and ancillary uses and structures such as the waterpark and the walkway are permitted uses. The Clifton Hill subdistrict is intended to be the commercial/entertainment centre of the tourist area and the addition of the waterpark will help to reinforce the role. The Official Plan requires new tourist developments, over four storeys in height, to conform to a series of built form regulations. To ensure the original waterpark design complied with these regulations, the project was reviewed by the architectural peer review panel. The panel concluded that, given the moderate height of the waterpark, the significant setbacks from nearby streets and the unique and interesting design, the original design fully complied with the built form regulations. The addition of a ledge at the foot of the waterpark, intended to contain snow and ice on the waterpark from falling onto cars and pedestrians, is a minor addition that adds little to the mass of the waterpark and maintains its significant setbacks from nearby streets. With this addition, the waterpark will still comply with the intent of the aforementioned built form guidelines. The enclosed pedestrian walkway is a structure which does not impact on surrounding land uses March 6, 2006 2. The requested Zoning By -law amendment is appropriate. Most of the lands are zoned Cl and Il under Zoning By -law No. 5335, 1995. A small portion of the waterpark and the proposed walkway encroach onto the property known as 4608 Bender Hill (Planet Hollywood) which is zoned TC under Zoning By -law No. 79 -200. These by -laws have been amended by By -law 2005 -85 to permit the waterpark and a series of connecting walkways. CONCLUSION: 1. The requested changes to the waterpark and one of the proposed walkways are relatively minor in nature, do not impact on surrounding lands and are in keeping with the intent of Council's earlier approval of this development, and therefore can be supported. 2. The amending by -law on tonight's agenda implements these changes to the waterpark and the proposed walkway. Andrew Bryce e. Planner 2 due to its very limited mass. Although the height of this walkway is to be increased by up to 10 metres (33 feet) in order to allow patrons to enter directly into the waterpark, this height will taper down as the walkway approaches the Skyline Inn The height to the top of this walkway from the ground level will range from 15 metres (50 feet) to 24 metres (80 feet). In its revised location, the walkway will be set back 73 metres (240 feet) from Bender Street, about the same setback as is provided for the waterpark and sufficient enough to mitigate any impacts on the street and on nearby properties. The zoning by -law on tonight's agenda will amend By -law No. 2005 -85 to reflect the addition of the snow ledge to the waterpark and the relocation and increased height of the proposed walkway between the waterpark and the Skyline Inn This revision to the by -law is technical and accomplished by replacing Schedules 2 and 3 to By -law No. 2005 -85 (which identify the location and height of the waterpark and walkways). These schedules allow a degree of flexibility in locating the walkway and this walkway will still be restricted to a vertical and horizontal dimension of 5 metres (16.4 feet). Recommended by: Doug Darbyson Director of Planning Development AB:gr Attach. S:\PDR\2006\PD2006 -19, AM -03 -2006, Canadian Niagara Hotels et al, 5685 Falls.wpd 3 PD- 2006 -19 pproved by: a l Ravenda xecutive Director of Corporate Services Respectfully submitted: MacDonald of Administrative Officer Subject Land W4 Amending Zoning By -law Nos. 79 -200 and 5335, 1955 Location: 4608 Bender St. 4800 Bender St. 5685 Falls Ave. 5705 Falls Ave. 4915 Clifton Hill kAGIS Requests\ 2006S Schedules \ZoningAM\AM -03umppin6.map SCHEDULE 1 LOCATION MAP Applicant: N 1032514 Ontario Limited 1006092 Ontario Limited Canadian Niagara Hotels Inc. Maple Leaf Entertainment Inc. I:NTS AM- 03/2006 February 2006 SCHEDULE 2 0 stRe IslaiLLS islatHrH MMUS l maL16 3Cin3° P 1 0:‘ a if NJ h J 4 4 SCHEDULE 3 R s i i Niagaraltiff Region PLANNING AND DEVELOPMENT February 16, 2006 File: D,10.M.11.23 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2" Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By-law Amendment Minor Changes to Waterpark Falls Avenue, opposite Rainbow Bridge City of Niagara Falls Yours truly, Ni_ ,P.NN_N(i No. 4832 r. i The Regional Municipality of Niagara 3550 Schmon Parkway. P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 984-3630 Fax: 905 -641 -5208 E -mail: planeregional.niagara.on.ca The City of Niagara Falls adopted Zoning By -law Amendment No. 2005 -85 to permit the establishment of a waterpark on top of an existing parking garage structure. The waterpark will serve the guests of the Skyline Brock Hotel, the Sheraton on the Falls Hotel, the Skyline Inn and the proposed Rainbow Hotel. The current application proposes some minor modifications to the zoning provisions to reflect changes in the design of the waterpark. The proposed modifications appear to affect the height provisions for the waterpark and pedestrian links. Regional Planning staff consider the proposed revisions to be minor and have no objection to the adoption of the zoning amendment. 1/fJ —et4 (4AVIE L A David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. D. Darbyson, MCIP, RPP, Director of Planning, City of Niagara Falls Mr. W. Stevens, Regional Public Works RECEIVED tw/Revised Site Plan -TSC Store FEB 17 2006 Building Community. Building lives. PLANNING DEVELOPMENT The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario March 6, 2006 Re: PD- 2006 -13, Proposed Official Plan Amendment No. 62 Section 37 Public Benefit Exchange for Increased Height and Density PD- 2006 -13 Doug Darbyson Director It is recommended that Council adopt the proposed Official Plan amendments and that they be forwarded to the Region for approval. In May 2004, Council adopted the Implementation Handbook, prepared by the IBI Group, as the final report of the Tourism Policy Review. A significant portion of the Handbook dealt with the concept of high -rise buildings. 1BI recommended the use of Section 37 of the Planning Act to secure public benefits in exchange for increases in building heights above 30 storeys. Further to this, on July 12, 2004, Council adopted a financial contribution formula as proposed by IBI for the purpose of calculating the value of the public benefits to be received in exchange for authorizing additional development potential. Council also directed the following: 1. that the capital facilities contribution goes toward facilities that benefit the entire community and for other capital facility objectives set out in the Official Plan; 2. that cash contributions be directed to the provision of capital facilities and not operating expenses; and 3. that the Planning Director make suggestions respecting the allocation of monies with the final decision at the discretion of Council. This staff report has been prepared in response to Council's directions, the input received from the ad hoc Council Committee and the background information supplied by the IBI Group in their January 2005 Options Report. Council may recall that this report, together with a report recommending adoption of the Implementation Handbook as an appendix to the Official Plan, was Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 6, 2006 PD- 2006 -13 brought before Council for consideration on September 19, 2005. Both reports were deferred by Council as greater time for comment was requested by Ms. Italia Gilberti and others. Council directed that they return to Council along with staff's report on modifications to the Architectural Peer Review process. Comments on the proposed amendment were received from the Victoria Centre and Fallsview BIA's. The BIA's were concerned about the policy being applied equitably to all developers. Staff met with a representative of the BIA's and solicitor to resolve the issue. It is recommended that Council adopt the amendments to the Official Plan which would provide an appropriate policy framework to implement a Section 37 bonusing policy for developments in excess of 30 storeys. The amendments are recommended pursuant to Section 37 of the Planning Act to set out the situations when Council intends to exercise this power (i.e., respecting developments in excess of 30 storeys) and some general parameters governing the extent and/or types of facilities, services and matters which may be sought as public benefits. In accordance with the Planning Act, at least one public meeting is to be held. Notice for tonight's statutory public meeting was published in the Niagara Falls Review on Saturday, February 4, 2006, 30 days in advance of this meeting, as required by the Official Plan. Two policy amendments are proposed. The first amendment applies to Part 4, Section 4.5.1 of the Official Plan which authorizes the use of Section 37 of the Planning Act within the context of permitting increased building heights and/or densities. This policy has been rewritten to expand upon the types of facilities, services or matters which will be considered as public benefits. This policy amendment reflects Council's intent of seeking capital facility contributions which benefit the entire community and other capital facility objectives set out in the Official Plan. Part 4, Section 4.5.1 Council may pass by -laws under Section 34 ofthe Planning Act to permit an increase in height and/or density of a development and may require, pursuant to Section 37 of thePlanningAct, where such development is consistent with the objectives of this Plan, contributions for the creation of public realm capital facilities. Such facilities will provide for improvements to the benefit of the community and will be in the form of land, buildings, structures, services and/or cash in exchange for the increases in height and/or density permitted. The facilities to be provided will be specified in a site specific Official Plan amendment and/or Zoning By -law amendment and within any agreements entered into under Section 37. The second amendment applies to Part 2, Section 4.6.11 of the Official Plan. The IBI Group had recommended a revision to the current policy in order to establish a qualitative relationship between the value of the increased height permitted and the value of any capital facility and/or cash contribution (public benefit) received. The wording has been altered to reflect Council's desire to provide land owners some certainty and direction as to the nature and extent of the contributions to be sought. Part 2, Section 4.6.11 In considering any application to amend the Official Plan to permit a proposed development in excess of the 30- storey height limit set out in this Plan, Council may require, pursuant to Section 37 of the Planning Act, contributions for the creation of, March 6, 2006 or improvement of, public realm capital facilities (including but not limited to municipal capital facilities as defined under the Municipal Act, 2001) with a value generally not exceeding 5% of the estimated capital cost of constructing the additional floors for which permission is sought. Such contributions maybe through the provision of capital facilities (including land, buildings, structures and services) and/or cash. In negotiating the value, Council will take into account the value of all public capital facility improvements provided with the proposed development, and the full range of facilities, services and matters that will be secured through Section 37 of the Planning Act and agreements thereunder. It is understood that the 5% value shall not include any additional indexing amounts whose purpose is to maintain the real value of the facilities, services or matters to the date of their actual creation or payment. The facilities, services and matters to be provided will be specified in the site specific Official Plan amendment and the implementing Zoning By -law amendment and Section 37 agreement for the proposed development. The proposed amendments provide clear direction while maintaining an appropriate level of generality which is required for an Official Plan policy document. It is important to note that these policies are meant to establish a policy framework upon which site specific amendments (applications) are based. It is within the site specific amendments where Council can articulate the amount of contribution to be given and the details of public benefit received. CONCLUSION: Staff is recommending adoption of the proposed amendments to the Official Plan respecting the utilization of Section 37 bonusing. The amendments will provide the development community clarity on Council's intent regarding the application of bonusing. Prepared and recommended by: Respectfully submitted: Doug Darbyson John MacDonald Director of Planning Development Chief Administrative Officer Approved by: T. Ravend Executive Director of Corporate Services DD /JB:gd Attach. Ar S:\PDR\2006\PD2006 -13, OPA #62- Section 37- Increased Heightwpd 3 PD- 2006 -13 The City of Niagara Fall Canad� Members: Corporate Services Department Planning &.Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: Fax: E -mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario (905) 356 -7521 (905) 356-2354 planning @n iagarafalls. ca March 6, 2006 Re: PD- 2006 -16, Adoption of the (Tourist Area) Implementation Handbook as an Appendix to the Official Plan RECOMMENDATION: It is recommended that Council receive this report for information purposes. BACKGROUND: On September 12, 2005, Planning staff reported to Council on the status of the implementation of the Tourism Policy Review. The report, PD- 2005 -60, which was deferred by Council, recommended the adoption of the IBI Group's Implementation Handbook as an appendix to the Official Plan. Staff is currently working on a document that merges both the Tourist Area Development Application Guide and the Implementation Handbook. Both publications have elements that are relevant to planning applications within the tourist core, so for the sake of simplicity, a single compendium that blends the applicable parts ofboth documents is being developed. It is anticipated that the new Tourist Area Urban Design Guideline will be ready for publication in approximately six weeks at which point staff will bring it forward to Council for adoption as an appendix to the Official Plan. Approved by: -70c7 I Manager of Policy Planning Recommended by: Doug Darbyson Director of Planning Development JB:gd SAPDR\2006\PD2006 -16, Adoption of the Tourist Area Implement. Handbook.wpd Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal T. Ravenda Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer Planning Development PD- 2006 -16 Doug Darbyson Director The Car of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMME NDATION: Repor- de- ierrecl 40 corm ,h ack ft e wri me 0. 5-1ite. (2Q 445 on J&t1ion 31 -the Implement -ahon hom book• It is recommended that Council adopt the recommendations contained within this report. BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafails.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning ©niagarafalls.ca Re: PD 2006 15, Architectural Peer Review Response to Comments On July 25, 2005, Council adopted report PD- 2005 -55 respecting staff's proposals to modify the Architectural Peer Review (APR) process. In addition, Council, as part of its motion to adopt the report, amended the recommendation such that the recommendation adopted was: 1) Council receive this report for information purposes; 2) (the) report be circulated to agencies and stakes holders, including the BIA's, Niagara Falls Tourism and the Chamber of Commerce, for comment; 3) staff prepare a summary report for Council consideration after receipt of comments; and 4) the opinion regarding the IBI Group be provided to Council." Comments Received Report PD- 2005 -55 and the draft Terms of Reference (TOR) for the APR panel was circulated as directed by Council. Comments were received from: Regional Planning and Development The Niagara Parks Commission (NPC) HOCO Limited Italia Gilberti Victor Muratori and Rocco Vacca March 6, 2006 PD- 2006-15 Doug Darbyson Director Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 6, 2006 2 PD- 2006 -15 Although the comments were numerous and sometimes detailed at great length, in general, supported the APR process. These comments are attached for the information of Council. There were four major issues raised by those who commented: Conflict of Interest Expansion of the Panel's Role Panel Composition Preconsultation Staff Response 1. Conflict of Interest Several submittors raised the issue of conflict of interest. As Council is aware, Michael Kirkland, the current chair of the APR panel, was engaged by Canadian Niagara Hotels (CNH) as the project architect for the Rainbow Tower. Concurrently, Mr. Kirkland chaired the panel while it was reviewing the HOCO and Niagara 21st (Marriott Courtyard) development proposals. Mr. Kirkland, however, was not part of the panel that reviewed the Rainbow Tower. The submittors claim there was, or appeared to be, a conflict of interest. It should be clearly noted, however, that the APR panel is an advisory panel that has no decision making authority as the Council makes the decision as to whether to approve an application. A discussion of conflict of interest should begin with a definition of the term. Black's Law Dictionary defines it, in part, as: "Generally, when used to suggest the disqualification of a public official from performing his swom duty, (the) term conflict of interest refers to a clash between public interest and the private pecuniary interest of the individual concemed." In Ontario, elected officials are governed by the Municipal Conflict of Interest Act which details the nature of conflict of interest. The essence of both the definition and the Act is that the official should not benefit financially from a decision by a council or public board. Similarly, by applying the same rules that affect Council to its appointee on the panel, the panel member should not benefit financially from the project under review. The concern is real as opposed to perceived conflicts of interest. This is why a panelist may not sit on the panel when he or she is the project architect. This is a standard on which the peer review panels in other municipalities operate. The Municipality of Ottawa has gone a step further by applying the Municipal Conflict of Interest Act to its members, which may add a fiirther level of comfort to Council, as panelists are then bound by the same rules as councillors. Recommendation: That the terms of reference for the APR panel specifically bind the panel to the conflict of interest rules that apply to Council. 2. Expansion of the Panel's Role: The Evolution of Review Some submittors expressed the view that the panel has expanded its review function, and, in at least one opinion, that it has usurped Council's legislated approval authority. While the function of the APR panel has not changed (advisory only), due diligence procedures have and this is reflected in the following background: March 6, 2006 3 PD- 2006 -15 In 2003, when Council engaged IBI Group to undertake the Tourism Policy Review, its mandate was to determine essentially what was wrong and what was working well with the current planning system. IBI found that the City's Official Plan policies were sound, but clearer guidelines were needed to better implement the policies. This would lead to more consistent implementation. Council may recall that this review of the City's tourism policies was suggested by the Peer Review Panel as, in its opinion, it appeared (in September 2002) that the objectives of the Official Plan were not being realized. As part of the first phase of the Tourism Policy Review, the IBI Group recommended retention of the APR panel in order to speak to architectural excellence and provide advice on urban design (see report PD- 2003 -107) When Council accepted the Implementation Handbook in May 2004, Council instructed the APR panel to have regard to the Implementation Handbook's urban design objectives in order to ensure better adherence to the Official Plan's tourism policies (report PD- 2004 -46). Council also directed the panel to prepare their reports following a specific format to ensure that Official Plan policies and corresponding guidelines were clearly enunciated. This Council- directed mandate represents a more rigorous application of policies and guidelines by the APR panel in the assessment of development applications. This being said, it may have had the appearance of expanding the APR panel's review function when in fact the panel has simply become more focused on implementing Council's policies, guidelines and directions. To clarify another matter, the APR panel's mandate is to comment on urban design issues rather than solely on building architecture. Guidelines used by the panel are set out on pages 10 and 11 of the City's Tourist Area Development Application Guide. Seven urban design issues are listed. The new Implementation Handbook updates these design guidelines. Recommendation: That the advisory role and mandate of the APR panel as previously directed by Council continue. 3. Panel Composition Currently, the panel is composed of three members. There have been changes in membership over time and the panel size has fluctuated depending on the scope of the application. Local architect Wayne Murray initially chaired the panel. Mr. Murray was replaced by Michael Kirkland. Trevor Garwood- Jones, representing the NPC replaced Ross Hanham about four years ago Jamie Douglas represents the City's landscape design interests as the third panel member. Staff's draft Terms of Reference provides for a pool of six people, four architects and two landscape architects/urban designers, from which an individual panel can be chosen. The concept of having a pool has been generally well received, with some comments. These involve: a rotating panel; the chair being selected by the panel; a maximum 4 -year tenure, renewable after a 2 -year "satisfactory review"; developers should be able to nominate potential members; and Council should select the individual panels from the pool. March 6, 2006 4 PD- 2006 -15 Several of the suggestions have merit. Staff's research indicates that where other municipalities utilize peer review, a 2 -year term appears to be the standard length of tenure. Given that Niagara Falls has relatively few applications and limits its reviews to buildings 10 storeys or greater, a 3 -year tenure is probably best. The attached Terms of Reference has been drafted to incorporate a 3 -year tenure after which the panelist is then replaced. In order to select the pool of members, a public call for Expressions of Interest could be circulated through the respective professional associations. Staff would then review the potential candidates and make recommendations to Council which would then select the pool. As the NPC has recently advised that it will no longer be selecting a panelist, Council would be selecting all members of the pool. Panel members would be chosen from the pool for each development, depending on matters such as complexity of the proposal and availability of prospective panelists. Recommendation: That the APR panel have a 3 -year term and that staff work with the respective professional associations to circulate an Expressions of Interest in order to create a pool of panelists. 4. Preconsultation: A Win -Win Situation A couple comments were made respecting preconsultation. The practice of preconsultation, discussion between staff and the developer's representatives respecting development proposals prior to applications being made, is standard with all municipalities and has always been part of the planning process. The Province, in its proposed changes to the Planning Act, has recognized the importance of preconsultation by including legislation that will enable municipalities to require preconsultation by by -law. The City's current development review system encourages preconsultation. Preconsultation benefits the developer by cost savings on architectural designs and faster peer reviews. Developers who choose to engage in preliminary discussions with staff and APR panel members become aware of important design issues early in the process and projects can be designed accordingly. The result of preconsultation is a smoother, more efficient processing of the application. Recommendation: That preconsultation, with the involvement of the APR panel, continues. 5. Retainer for Service The fees charged by the panelists who are in private practice are paid by the applicant. Currently, applicants are required to deposit $1,000 which goes toward the payment of fees. When the fees exceed the $1,000 deposit, the City is obligated to pay subsequent bills, then seek reimbursement from the applicant. The Director of Finance has advised that this is not proper operating procedure and that an appropriate deposit should be obtained. Records indicate that an average of $10,000 is spent on peer review. Such a deposit should be obtained. Recommendation: That a deposit of $10,000 be obtained with each application that requires peer review. March 6, 2006 5 PD- 2006.15 CONCLUSION: Architectural Peer Review is an integral part of the development approval process for high -rise buildings. The City relies on this peer review system as it does not have "in- house" urban design staff to perform this function. Peer Review in Niagara Falls is an evolving process. Several reports have been prepared on the subject with the latest report PD- 2005 -55 being circulated to agencies and stakeholders for comment. The recommendations contained in this report builds upon Council's directions to date, input from stakeholders and the strengths of other operating peer review processes in various municipalities across Canada. The introduction of a formal Terms of Reference for the APR panel is the key improvement being recommended as the result of this review. Manager of Policy Planning Recommended by: Doug Darbyson Director of Planning Development Approved by: JB:gd Attach. Ravenda Executive Director of Corporate Services S:1PDR\2006\PD2006 -15, APR Response to Comments.wpd Respectfully submitted: ohn MacDonald Chief Administrative Officer 1. PREAMBLE 2. MANDATE (b) 4. MEMBERSHIP AND CHAIR (b) CITY OF NIAGARA FALLS URBAN DESIGN REVIEW PANEL TERMS OF REFERENCE The City of Niagara Falls Official Plan envisages the creation of a world -class tourism destination for Niagara Falls the establishment of an attractive and engaging pedestrian environment with a high quality skyline set amidst one of the country's most recognizable natural features. To achieve this, the Official Plan requires that high -rise buildings over 10 storeys in height undergo Architectural Peer Review in order to ensure that the urban design goals and objectives of the Official Plan are being met. The Urban Design Review Panel is a commenting body providing professional assessment, advice and assistance to Planning and Development Division and Council, concerning matters of urban design as they relate to development proposals on private land or within the public realm. 3. RESPONSIBILITIES The panel's responsibilities will generally relate to the following: (a) to provide independent urban design advice on a particular development project and how it has regard for the Tourist Area Urban Design Guidelines; to provide an independent opinion on the extent to which the planning and design objectives of the Official Plan are being met; (c) to make suggestions to any urban design changes which might better meet the planning and design objectives of the Official Plan; and (d) to provide the Director of Planning and Development, and the City Council with an Urban Design Review Report for consideration in the review of the development application. It is not the panel's responsibility to comment on land use planning matters as these are the responsibility of the City's Planning and Development Division. (a) A pool shall be created that consists of six members; four architects who are members in good standing with the Ontario Association of Architects and two landscape architects urban designers who are members in good standing with either the Ontario Association of Landscape Architects or the Ontario Professional Planners Institute. Council shall approve the membership of the pool. Panelists will serve a term of a maximum of three years. (c) There will be an annual rotation of at least one panelist, where that panelist will rotate into the reserve pool. A member of the reserve pool will then be appointed by the Director of Planning and Development for a three -year term. (d) The panel shall comprise of at least: (i) one member for buildings between 10 and 12 storeys in height or for minor redevelopment; and (ii) three members for buildings above 12 storeys. (e) The panel shall select a chair for each proposal that is reviewed. (f) Panel members will be subject to the Municipal Conflict of Interest Act. Any member of the pool shall make a full disclosure of all current contracts and retainers to the Director of Planning and Development prior to being appointed to the panel. In the event where a panelist has a conflict of interest, the panelist shall declare a conflict of interest and shall not participate in the panel's review of the subject development. The Director of Planning and Development shall then appoint an alternate panelist. 5. PROCEDURES AND PROTOCOL (a) Authority (b) Decision Making 2 The panel has the authority to comment on and recommend changes respecting the urban design of any development proposal in order to ensure that the development proposal satisfies the goals, objectives and policies of the Official Plan. The panel also has the responsibility, pursuant to section 4.2.13 of the Official Plan, to comment with respect to urban design matters that may impact on lands under the jurisdiction of the Niagara Parks Commission. The panel shall endeavour to achieve an overall consensus among its members regarding a proposed development. Its recommendations shall be based on the professional opinion of the majority of the panelists. Any panelist not agreeing with the majority opinion has the opportunity to submit a dissenting opinion. Council shall have overall decision making and approval authority over urban design. (c) Meetings At least two meetings, one of which shall include the applicant and the project architect, shall be held with the panel. There shall be a preliminary meeting prior to application being made. The second shall be held prior to submission of the panel's final report. Meetings of the panel are to be organized by the Planning and Development division with a staff planner in attendance. (d) Reporting Reports issued by the panel shall detail the assessment of the proposal against each of the seven urban design principles of the Tourist Area Design Guidelines. The final report shall also contain an executive summary with the panel's recommendations. The panel shall report directly to the Director of Planning and Development. The panel shall issue at least two reports or shall report through the Director of Planning and Development on at least two occasions. The first shall be a preliminary report, to be issued generally within three weeks of receipt of the submission, identifying architectural and urban design issues with recommendations regarding any design changes in order to achieve compliance with the policies of the Official Plan and conformity with the Tourist Area Design Guidelines. The developer shall address any recommended revisions and make a resubmission which the panel shall reassess. A final report shall be submitted at the completion of the panel's assessment of the development proposal which details its analysis of the proposal and provides a recommendation to the Director of Planning and Development. The panel may recommend approval, approval with conditions, denial or deferral and shall list the reasons for its recommendation. (e) Remuneration Each panel member who is not currently employed by the City of Niagara Falls shall be paid at the rate in accordance with municipal policy. Panelists shall submit itemized invoices on a monthly basis. (f) Liaison 3 The chair of the panel shall liaise with the Director of Planning and Development or designate. 6. THE NIAGARA PARKS COMMISSION The Niagara Parks Commission (NPC) has jurisdiction over the lands of Queen Victoria Park and is the road authority for the Niagara River Parkway (also known, in part, as River Road). The NPC is a commenting agency on development applications within the Central Tourist District. Given this and the sensitivity of the Falls, the Niagara Gorge and Queen Victoria Park, the NPC may appoint one or more panel members to represent its interests. 7. AMENDMENTS TO THE TERMS OF REFERENCE These terms of reference may be amended and/or revised from time to time. Staff will bring such amendments /revisions to Council for approval prior to their taking effect. S: \TOURISM\DE V STRAT\ PeerReview \UrbnesRevTermsofRerwpd The City of Niagara Fall Canad� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that Council receive this report for information. BACKGROUND: Prior Council Approval Council adopted report PD- 2006 -04 (as amended) on January 23, 2006 to grant draft plan approval to the Deerfield Estates subdivision. The proposal is to subdivide the 33.97 hectare (83.94 acre) site for single- detached and semi detached lots, on- street townhouses, block townhouses, an elementary school, parkland and to protect a Provincially Significant Wetland (PSW) and woodlot. An associated zoning by -law amendment application (AM- 27/2005) for the plan was approved in principle at the same meeting. The property is located on the west side of Kalar Road, south of Lundy's Lane, east of Garner Road and on the north side of the hydro corridor (see Schedule 1). The revised subdivision layout is shown on Schedule 2. Notice of Council's decision to grant draft approval was circulated as required under the Planning Act and no appeals were received. Therefore, the plan is draft approved, effective February 16, 2006. Woodlot Protection Corporate Services Department PD- 2006 -20 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca March 6, 2006 Re: PD- 2006 -20, Lotting Adjustment Woodlot Deerfield Estates Draft Plan of Subdivision File: 26T -11- 2005 -03 (Revised) Owner: River Realty Development (1976) Inc. The woodlot in the northwest section of the plan (Block 277) contains an interior area that is designated by the Ministry of Natural Resources as a PSW where development is prohibited. The subdivision was designed to protect the woodlot which also serves as a buffer for the wetland. This woodlot block will be transferred to the municipality. Staff recommended a condition of approval to reduce the depth of the single- detached lots on the east side of the woodlot to the City's satisfaction in order to increase the woodlot area in City ownership. In response to resident comments, Council amended this condition to also examine lot depth reductions on the north side of the woodlot with input from the public. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 6, 2006 Planning staff conducted site inspections of the woodlot on February 7, 2006 with City forestry staff, the developer and their environmental consultant, and on February 13, 2006 with area resident Jean Grandoni and Regional Planning staff. In addition, staff met at City Hall with Ms. Grandoni and another area resident to discuss the subdivision design with respect to the woodlot. As a result of these site investigations, staff proposed adjustments to the lot depths on the east and south sides of the woodlot. The east boundary lot reductions are in the range of 13.5 metres (44 feet) and will include mature trees at the forest edge in the woodlot block. The depth of Lots 79 to 82 (inclusive) at the south limit have been reduced (1.6 to 3.6 metres /5 to 12 feet) to permit large Pin Oak trees to be located on the future City property. Staff is satisfied that no changes are required at this time to the lots on the northeast boundary. There are smaller trees at the fringe of the woodlot in this area within the rear yards of Lots 98 to 101 (inclusive) and private preservation will be encouraged. Although some trees will be removed, the majority of the woodlot is maintained in public ownership. All recommendations of the approved environmental report (EIS) must be implemented including chain -link fencing along the woodlot boundary, the installation of a limit of work fence during construction, restrictions on the use of heavy equipment and notice in the subdivision agreement of the woodlot and Provincially Significant Wetland. Approval of a stormwater management plan and grading/drainage plans will ensure that water flows are maintained to the PSW. CONCLUSION: Staff consulted with interested area residents and examined the woodlot in detail. The developer has agreed to shift the lot lines as requested by staff to include the majority of trees in City ownership and ensure no negative environmental impacts in accordance with the EIS There were no appeals filed against the subdivision. The amending zoning by -law will be presented to Council shortly. Prepared by: Respectfully submitted: Richard Wilson Planner 2 Recommended by: Approved by: Doug Darbyson Director of Planning Development v A T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:\PDR\2006\PD2006 -20, Deerfield Estates- Lotting Adjustment.wpd 2 PD- 2006 -20 John MacDonald Chief Administrative Officer Proposed Plan of Subdivision Zoning By -law Amendment Application Deerfield Estates (Revised) 26T -11- 2005 -03 AM- 27/2005 Subject Land 7/4 KIGIS_Requests1200515dKdules Subdivisions Deerfield_EatatesMapping.epr SCHEDULE 1 Location Map nwmwuRo mum ENE i 11111 Nr- CC p -C •MO INNI l MIME G e= Eats m mr matt -r_ —e- MO_ MOMS MIN MEM tMINM Scale 1:NTS Docents' 2005 DULE SCHE 2 NYId A3 DRAFT PUN OF SUBDIVISION Q n K z i G U y u W y q E S a 3 tl£ L yyy[E p[p[,, jQ¢;j a W 4 u I p a y E q ri- O into F YI W ..��.t 9E9k J n000001000 S YPM'J N3ddR Z d0-0140 MIME Y1� cn�-�c -mini Y�� VIONpall WWI wlI WDOO WI TWA DEERFIELD ESTATES CITY OF NIAGARA FALLS DRAFT PUN 1 i I Y l r r-1-7- !'f r- 1 L4 J T` i J L J L J__L J 4 I i i C Pil F 9[ 1 O pi y3xxw as sun mxolalpar n 1 1 tut Iliii r��'�� y E 5 I 1 -r i t 4 1011 Mil N 1Y A NMI I ti 2 ME MB 1 I URI 11411 'l i p� pp ait'� MSS ai III Mit ME MI �r 1 K I J� SaL 11 -IIIMI a III- MI MI MI �4d ans :j1 I i' I 1 W V3 VIIVOvIN JO AID LSa Q I�I32i��Q f p r�. Eli b� ait iaa�iS H )aaalS I tl i PEW nsliiS4r fl _I .L t }'_T II ®ii�� y�p V at .il T 11_ Min e‘istfri.._ t mi f teal Lam. i I 1 11 ����1�i®f...i'1� IQ 7a f �E�,,J..J,.��[, 111 `�9 I�.L1079 i 1 I IT v :Y NOL NI i Nip 4°Ca r �q 14 �.I�Y tt I I r DULE SCHE 2 Office of the Mayor Inter Department Memorandum TO: Dean Iorfida FROM: Kristine Speck Ext. 4205 RE: Council Information Hello Dean: DATE: February 22, 2006 Would you please have the attached information from Sci -Tech Ontario regarding a proclamation distributed to the council. Thanks, Kristine \rA SCI -TECH ONTARIO' Supporting and celebrating Ontario's young scientists Soutenant et celebrant les jeunes scientifiques de ('Ontario THAI ONTARIO TRILLIUM FOUNDATION LA FONDATION TRILLIUM OR L•ONTARIO i 1 University of Ontario February 20, 2006 His Worship Ted Salci Mayor of the City Of Niagara Falls Box 1023 4310 Queen St. Niagara Falls ON L2E 6X5 Your Worship: March has been declared Youth Science Month in Canada. Across the country over 500,000 elementary and high- school students are preparing to take part in science and technology fairs that will take place throughout the month. As part of that celebration, Sci -Tech Ontario is proclaiming March as Youth Science Month in Ontario for the sixth year in a row to recognize the estimated 170,000 Ontario students who will participate in local and regional science fairs across the province in March and early April (please see enclosed proclamation). A proportionate number of these 170,000 students attend the elementary and secondary schools in your municipality. Sci -Tech Ontario invites you to join the many dignitaries who plan to support Youth Science Month in their jurisdictions. We have also asked Ontario's Minister of Education, the Honourable Gerrard Kennedy, to proclaim Youth Science Month in the Ontario Legislature. This is a wonderful opportunity to show your support for the innovative young people in your municipality, many of whom will go on to important careers in research, science and technology, helping to create jobs, cure diseases, make discoveries and improve our quality of Life. There are many ways to become involved. You may want to attend the local or regional science fairs in your district, recognize the dedicated volunteers and innovative students involved in your region's science fairs with a public ceremony or send an official letter of congratulations to the top students in your region's fairs, wishing them luck as they proceed to the national fair. You can also use the enclosed proclamation to serve as a model for your own declaration. Should you decide to issue a declaration, we would appreciate receiving a copy. Sci -Tech Ontario is a non -profit organization whose primary focus is to foster and enrich the participation of Ontario youth in project -based science and research activities. Two of our core programs are regional science fair support (for 30 regional fairs across the province) and the provision of curriculum resources on project -based science for Ontario teachers. A backgrounder on Sci -Tech Ontario and Youth Science Month is also enclosed for your information. Please feel free to contact us at: 416 -598 -8827 or by e-mail at: info(a,SciTechOntario.org. A list showing the Sci -Tech Ontario Representative in your area and the dates of the 30 regional fairs can be found on our website at: www.SciTechOntario.org. Yours sincerely, a nyn Dr. David M. Wardlaw Chair, Sci -Tech Ontario 302 Brookwood Blvd., Whitby, Ontario, LIR 2A3 Tel/Tel 416 598 -8827 Fax/ T81& 905 430-0283 EmaiVCourriel info@scitechontario.org www.scitechontario.org PROCLAMATION YOUTH SCIENCE MONTH ONTARIO hereas March has been proclaime Foundation Canada, in celebration of participating in local and regional sci hereas 170,000 ose student are here in hundreds of local fair d 30 regio I fairs acr W hereas, it is in the best interests the creation of a culture of innovatio scientifically literate young people wh knowledge and improve the quality of our lives in the future. ore be it resolved d C 2 6 th.S nce Mont So proclaimed March, 20 Dr. David M. Wardlaw Chair, Sci Tech Ontario h Science Month by Youth Science ,000 students across our nation technology fairs this month; hereas, the very best of -ese participants will champion Ontario at the Canada -Wide S lye Fair, to held in May in Sag ebec; hereas, a have worked dili ently to pro demonstrate Innovation, Initiative and Imagination, hereas, it is in th est inte s of you s. people to uire knowledge and skills in science an hno r; in order to etter under the world and to further their educa uture career ospects; ociety and our economy to support he nurturing of a generation of push forward the boundaries of our -Tech Ontarioioins Sat-TIE 1 ojects that 1 SCI -NCH Supporting and celebrating Ontario's young scientists Soutenant et celebrant les jeunes scientifiques de 1'Ontario TNK ONTARIO TRILLIUM FOUNDATION LA FONDATION TRILLIUM DR L hydro RI University of Ontario BACKGROUNDER Sci -Tech Ontario Sci -Tech Ontario (STO) is a non profit, volunteer -based organization with a mandate to promote and celebrate participation and excellence in science, technology and innovation by Ontario youth. We provide funding, information, co- ordination and advice to the regional science and technology fair organizations throughout Ontario. We also support the teaching and Teaming of science in Ontario elementary and secondary schools by conducting teacher workshops and by creating and distributing curriculum resource material for teachers on the integration of project based science into the province's new curriculum. STO also assembles, promotes and supports Team Sci -Tech Ontario (the young scientists who champion our province at the Canada -Wide Science Fair (CWSF), administers the Pfizer Canada Award of Excellence which recognizes an outstanding project in each region, administers five other province -wide sponsored awards and works with Youth Science Foundation (YSF) to promote Youth Science Month in March each year. Sci -Tech Ontario's volunteer Board of Directors consists of educators, parents, scientists and other interested Ontarians who care about giving children the best opportunities for the future. Regional Science and Technology Fairs in Ontario Every year, more than 250,000 students in Ontario participate in Project -Based Science with close to 170,000 competing in local science and technology fairs. The best projects move on to Ontario's 30 Regional Fairs where 6,000 of Ontario's top young scientists compete. The top students from these Regional Fairs then represent Ontario at the Canada -Wide Science Fair, where they compete against students and their projects from across the country. Regional fairs are organized by non- profit groups and staffed by dedicated volunteers who raise funds, judge projects, run the events and support and coach the students. These groups, and the young scientists who take part in the fairs, are the beneficiaries of Sci -Tech Ontario's support. Youth Science Month is an annual event to celebrate the 170,000 young scientists in Ontario taking part in local and regional fairs during the month of March. This event is just one part of a national awareness campaign by Youth Science Foundation Canada in recognition of the 500,000 students taking part in fairs across Canada. 302 Brookwood Blvd., Whitby, Ontario, LI R 2A3 Tel/Tdl 416 598 -8827 Fax/ T816c 905 430 -0283 EmaiVCourriel info@scitcchontario.org www.scitechontario.org The City of Niagara Fall Canadj Members: BACKGROUND: Corporate Services Department CD- 2006 -03 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: diorfida @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario March 6, 2006 Dean lorfida City Clerk Re: CD- 2006 -03 Interim Revenue Model for Pooling Bingo Halls RECOMMENDATIONS: 1 That the City of Niagara Falls approve the implementation of the interim revenue model for the Delta Monte Carlo, as requested by the Delta Monte Carlo Sponsors' Association. 2. That the City of Niagara Falls shall complete the documentation required in accordance with the Alcohol and Gaming Commission of Ontario (A.G.C.O.) requirements. Over the last several years the bingo industry has been in decline. In the late 1980's there were in excess of 250 bingo halls in the province. At this time, it is expected by the end of this year the total will be down to approximately 65 halls. Contributing factors to the decline include, but are not limited to, increased competition for the entertainment dollar and overhead cost increases (most recently with the introduction of a new paper supplier and an increase in the minimum wage). Locally, we have witnessed a shrinking of the market from four halls to just one as of September 2003. In addition, the implementation of the Province -wide smoking ban is anticipated to have, at least, short term ramifications. Recognizing current trends in the industry, in December 2005, the Alcohol and Gaming Commission of Ontario (A.G.C.O.) published a document titled, "Modernization of Charitable Gaming: Directions and Priorities." The purpose was to "modernize the regulation of charitable gaming in Ontario, to reflect a changing marketplace, and to obtain the input necessary to implement strategic changes and explore opportunities to enhance the industry's competitiveness while Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 6, 2006 2 CD- 2006 -03 maintaining honesty and integrity. Through this consultation the Registrar has identified that there is a consensus for significant change. This document identifies key issues and establishes a time line for their implementation. One major initiative identified in the modernization document is a complete analysis of a business model for bingo operations. The result will be a new Provincial revenue model slated for the Fall. As the timing of the new revenue model is not in the immediate future, the Ontario Charitable Gaming Association (OCGA), representing charities operating lotteries in the Province of Ontario, the Commercial Gaming Suppliers of Ontario (CGAO) and the Registered Gaming Suppliers of Ontario (RGSO), representing the commercial sector of the bingo industry, met with the Alcohol and Gaming Commission (AGCO) and jointly proposed an "interim revenue model." The representatives were of the unanimous opinion that the next several months are critical ones for the bingo sector and that interim steps are required to maintain in place the number of bingo hall that are necessary to ensure long term stability to the bingo sector It is important to note that model was arrived at as a consensus position and unanimously proposed. In the past, it has been extremely difficult to get all sectors of the gaming industry to support a specific position. Interim Revenue Model Current Revenue Formula (calculated monthly) Receipts (Canadian US income exchange on US income) Exchange on American Prizes Adjusted Gross Licence Fee Advertising Staffing (Runners only) Honorariums Net Proceeds Rent Calculation 14% of Adjusted Gross or 40% of Net Proceeds whichever is less Profit Calculation Charity to receive 60% of Net Proceeds or remainder after deduction of 14% of adjusted gross and expenses as indicated. Proposed Revenue Model (calculated monthly) Receipts (Canadian US income exchange on US income) Exchange on American Prizes Adjusted Gross Licence Fee Advertising Staffing (Runners /Caller) Paper Costs Honorariums Net Proceeds Rent Calculation 40% of Net Proceeds Profit Calculation 60% of Net Proceeds change to include payment of caller change to include paper costs. March 6, 2006 3 CD- 2006 -03 On Monday February 20, 2006, Staff received a copy of Information Bulletin 51 titled, Interim Revenue Model for Pooling Bingo Halls. The AGCO has agreed to the following elements for an interim revenue model, subject to the approvals and conditions set below: 1. The licensee (charitable organization licensed to conduct bingo) my pay out of the gross receipts up to $250.00 per event to pay the cost of a caller and runners employed by the hall operator and used in the operations of the event. At the present time, the majority of organizations at the Delta Monte Carlo are utilizing the current "paid staff" model. The proposal above incorporates the existing staffing model, but includes the bingo caller and sets a cap on the amount allowed per session. This is not a radical departure from the current process. 2. The licensee may pay out of the gross receipts the cost of the bingo paper used in the bingo event. At the present time, some expenses are deducted from the gross receipts before the licensees and the bingo hall's share of the remaining revenue is divided. Bingo paper is expensed after the revenue is split between the bingo hall and the licensee. The model proposes that this item be expensed from the gross receipts prior to calculating the revenue to be both parties. 3. A licensee may pay a bingo hall operator a maximum of 40% of the net proceeds. The further limit of 14% or 15% of gross receipts for a session is not in effect. At the present time, there are bingo games licensed by the Municipality and bingo games licensed by the AGCO operating at the bingo hall For those games licensed by the Municipality revenue split is based on the 60/40 formula. In this case, after specific expenses are deducted, the licensees receive 60% of the remaining proceeds and the bingo hall operator 40 For the Provincially licensed games, the formula varies and in some cases is calculated using the 14% formula. This change would eliminate the 14 %or 15% formula and all revenues would be calculated using the 60/40 formula. A review of our documentation indicates that this will allow for a greater share of the bingo revenue to the bingo hall operator for those games currently using the 14% or 15% formula. Rationalization of the Interim Model It has always been the practice of the municipality to provide charitable organizations conducting bingo with a reasonable expectation of making a profit. Since 1988, with the introduction of the municipal bingo policy, the City has proposed and approved a number of initiatives in an attempt to maintain the viability of the local bingo market. It is clear that the implementation of the interim revenue model will generate more revenue for the bingo hall operator and generate less revenue for the charitable organizations; however, not implementing changes could jeopardize the long -term viability of bingo, locally. In 2005, the profit generated for the charitable organizations from bingo was $1.45 million. It is anticipated, not taking into account effects of the smoking ban, the profit generated for charitable organizations will decrease by between 10 to 15 Of course, 10% less profit is preferable to no bingo revenues at all. March 6, 2006 4 CD- 2006 -03 There are other methods for trying to resolve the revenue issue. Cancellation of bingo sessions are an option; however, it should be noted that this would result in less events being conducted. Past experience indicates that once sessions are cancelled it is extremely difficult to start them again, even if the market was to stabilize or show an increase. Also, any changes in sessions would require amending the current schedule and number of bingo events per organization. With more changes possible in the Fall from the A.G.C.O., staff wishes to hold off on any major amendments in scheduling until more time has passed. Regardless of the method chosen, there has to be a revenue mechanism in place that ensures the financial viability of the hall owner, which, in turn, enables charitable organizations to continue to receive bingo profits. A meeting was held on February 25, 2006 between the bingo sponsors' association and the Delta Bingo hall representatives. The Hall outlined their position and requested the implementation of the interim revenue model. The appropriate quorum was met and those present voted unanimously to accept the interim revenue model. CONCLUSION: It is staff's opinion that the interim revenue model proposed will provide some stability to the local industry for the next number of months and will, hopefully, cushion the blow of the Province -wide smoking ban. The bingo sponsors' association recognizes the need for the change and voted overwhelmingly in favour of implementation. Implementing the interim revenue model will allow for the time necessary for the Alcohol and Gaming Commission (AGCO) to implement the new directions for modernizing the charitable gaming sector. These new initiatives will include measures to help modernize the bingo industry, which staff hopes will revitalize it, thereby enhancing future charitable revenue. f or A. Duerksen Lottery Licensing Coordinator Pr pared and Recommended by: Dean Ior da City Clerk Approved by: -or T. Rave Executive Director of Corporate Services Respectfully submitted: 1 John Mac l onald Chief Administrative Officer The City of Niagara Fall Canada awl Members: Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Corporate Services Department F- 2006 -18 Tel.: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden @city.niagarafalls.on.ca March 6, 2006 Kenneth E. Burden Director Re: F- 2006 -18 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $17,609,420.83 for the period January 25, 2006 to February 22, 2006. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: 54/ceCe_fc/ fr K. E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTIN 2 GUY'S GLASS INC 2010159 ONTARIO LIMITED 407 ETR EXPRESS TOLL ROUTE 5-0 TAXI INC 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFET` 984265 ONTARIO LTD aka CIRCLE P PAVING A L G SAFETY A L G SAFETY AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALDOR BUILDERS LTD ALERT CARPET CLEANING NIAGARA ALEXIS CORPORATION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALLAN,WAYNE ALTERNATE SOLUTIONS ANNEX PUBLISHING BOOK DIVISION ANTONIO,CHUCK ARAMARK REFRESHMENT SERVICES ARAMARK REFRESHMENT SERVICES ARBOUR,SUSAN ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD AUDCOMP COMPUTER SYSTEMS AUTODESK INC B B LIFT TRUCK SERVICE BAIN PRINTING BANK OF MONTREAL BARCLAY TODD'S BARCLAY TODD'S BARNSLEY,JOHN BATEMAN,DOLORES BEL VOLT SALES LTD BEL VOLT SALES LTD BELL CANADA BELL CANADA BELLEFONTAINE,MARGARET BEST REAL ESTATE BUY INC BINATIONAL TOURISM ALLIANCE BMA MANAGEMENT CONSULTING INC BOB ROBINSON SON BODKIN LEASING BOLIBRUCK,BOB BOYLE,MARGARET BRINKS CANADA LTD BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRYCE,ANDREW BRZOZOWSKI,ANDREW BUNTIN REID BUNTIN REID CANADA POST CORPORATION Cheque No. Cheque Date Purpose 299462 14- Feb -2006 299321 07- Feb -2006 299183 31- Jan -2006 299463 14- Feb -2006 299464 14- Feb -2006 299600 21- Feb -2006 299627 21- Feb -2006 299327 07- Feb -2006 299607 21- Feb -2006 299465 14- Feb -2006 299601 21- Feb -2006 299466 14- Feb -2006 299184 31- Jan -2006 299602 21- Feb -2006 299185 31- Jan -2006 290323 07- Feb -2006 299467 14- Feb -2006 299603 21- Feb -2006 299324 07- Feb -2006 299604 21- Feb -2006 299605 21- Feb -2006 299325 07- Feb -2006 299186 31- Jan -2006 299326 07- Feb -2006 299468 14- Feb -2006 299606 21- Feb -2006 299187 31- Jan -2006 299608 21- Feb -2006 299469 14- Feb -2006 299470 14- Feb -2006 299188 31- Jan -2006 299610 21- Feb -2006 299611 21- Feb -2006 299189 31-Jan-2006 299328 07- Feb -2006 299471 14-Feb -2006 299612 21- Feb -2006 299191 31- Jan -2006 299192 31- Jan -2006 299613 21- Feb -2006 299193 31- Jan -2006 299329 07- Feb -2006 299472 14- Feb -2006 299330 07- Feb -2006 299473 14- Feb -2006 299474 14- Feb -2006 299331 07- Feb -2006 299479 14-Feb -2006 299614 21- Feb -2006 299477 14- Feb -2006 299478 14- Feb -2006 299333 07- Feb -2006 299480 14-Feb -2006 299481 14-Feb -2006 299194 31- Jan -2006 299482 14-Feb -2006 299334 07- Feb -2006 299615 21- Feb -2006 299483 14- Feb -2006 299195 31-Jan-2006 299484 14-Feb -2006 299196 31- Jan -2006 299335 07- Feb -2006 299485 14- Feb -2006 299197 31-Jan-2006 299486 14-Feb -2006 299617 21- Feb -2006 299338 07- Feb -2006 CONSULTING SERVICES MATERIALS REFUND MATERIALS ADMINISTRATIVE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE CONTRACT SERVICES MAINTENANCE AND REPAIRS CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE SUPPLIES SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND SUPPLIES SUPPLIES ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS UTILITIES UTILITIES ADMINISTRATIVE REFUND REMITTANCE CONSULTING SERVICES CONTRACT SERVICES LEASES AND RENTS ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE SUPPLIES SUPPLIES MATERIALS Page 1 of 8 Amount 24,186.79 149.89 11,100.00 46.67 293.25 2,486.12 38,904.18 1,493.85 143.75 543.38 585.58 128.40 81.27 569.94 4,177.28 12,969.53 967.75 10.34 125.76 42,792.83 209.72 160.50 89,195.73 47,675.06 7,146.40 4,671.25 91.81 6,515.26 1,070.00 18.99 132.24 145.77 94.24 860.85 969.19 144.39 992.69 561.93 11,927.80 2,712.31 2,291.04 1,408.75 102.00 632.24 131.72 50.64 72.00 290.95 136.62 115.00 75.25 24.00 313.75 535.00 1,070.00 1,241.20 445.33 135.00 268.38 813.19 411.70 36.13 619.99 126.49 300.00 235.31 961.19 460.10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADIAN DOOR DOCTOR CANADIAN FIREFIGHTERS CURLING ASSOC CANADIAN FITNESS SPECIALIST CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CARGILL SALT CARGILL SALT CARGILL SALT CARLETON UNIFORMS INC CARTER CAR TRUCK RENTALS CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CHAMPION INDUSTRIAL EQUIPMENT CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE,G CIAMPA,MAURO& CIAMPA, LUCIA CIBC ELECTRONIC BANKING OPERATIONS CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITICORP VENDOR FINANCE LTD CITICORP VENDOR FINANCE LTD CITY OF MISSISSAUGA CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF TORONTO CLAYDON,JEFF COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINS SAFETY O/A 3077225 CANADA INC COMMISSIONAIRES CONSTANT,PAULINE CORSINI,GUY COSTELLO,BRIAN COURSOL,RAYMOND& COURSOL, TERRI CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBER SERVICES CYBERBAHN CYGNAL TECHNOLOGIES DAVID SCHRAM ASSOCIATES DAVIS COMPANY LLP DELCAN CORPORATION DELL COMPUTER CORPORATION DELL COMPUTER CORPORATION DESIGN ELECTRONICS DESIGN ELECTRONICS DIPLOMAT MOTOR INN DJURKOVIC,ALEXANDER DMA PLANNING MAN SERVICES Cheque No. Cheque Date Purpose 299618 21 -Feb -2006 MAINTENANCE AND REPAIRS 299619 21- Feb -2006 DONATION 299336 07- Feb -2006 MATERIALS 299620 21- Feb -2006 CONTRACT SERVICES 299487 14- Feb -2006 CONTRACT SERVICES 299339 07- Feb -2006 MATERIALS 299621 21- Feb -2006 MATERIALS 299622 21- Feb -2006 CONTRACT SERVICES 299199 31- Jan -2006 MATERIALS 299340 07- Feb -2006 MATERIALS 299488 14- Feb -2006 MATERIALS 299200 31- Jan -2006 MATERIALS 299623 21- Feb -2006 LEASES AND RENTS 299341 07- Feb -2006 MATERIALS 299490 14- Feb -2006 MATERIALS 299624 21- Feb -2006 MATERIALS 299491 14- Feb -2006 CONSULTING SERVICES 299492 14- Feb -2006 MATERIALS 299342 07- Feb -2006 MATERIALS 299493 14- Feb -2006 MATERIALS 299626 21- Feb -2006 MATERIALS 299201 31- Jan -2006 REFUND 299344 07- Feb -2006 REFUND 299202 31- Jan -2006 LEASES AND RENTS 299628 21- Feb -2006 LEASES AND RENTS 299203 31-Jan-2006 LEASES AND RENTS 299495 14- Feb -2006 LEASES AND RENTS 299629 21- Feb -2006 LEASES AND RENTS 299345 07- Feb -2006 REMITTANCE 299180 25- Jan -2006 REMITTANCE 299204 31- Jan -2006 ADMINISTRATIVE 299346 07- Feb -2006 ADMINISTRATIVE 299347 07- Feb -2006 ADMINISTRATIVE 299630 21- Feb -2006 REMITTANCE 299631 21- Feb -2006 MATERIALS 299632 21- Feb -2006 ADMINISTRATIVE 299633 21- Feb -2006 REMITTANCE 299205 31-Jan-2006 ADMINISTRATIVE 299206 31- Jan -2006 UTILITIES 299348 07- Feb -2006 UTILITIES 299496 14- Feb -2006 UTILITIES 299634 21- Feb -2006 UTILITIES 299207 31- Jan -2006 MATERIALS 299349 07- Feb -2006 CONTRACT SERVICES 299635 21- Feb -2006 REFUND 299636 21- Feb -2006 ADMINISTRATIVE 299350 07- Feb -2006 ADMINISTRATIVE 299351 07- Feb -2006 REFUND 299208 31- Jan -2006 ADMINISTRATIVE 299497 14- Feb -2006 ADMINISTRATIVE 299637 21- Feb -2006 ADMINISTRATIVE 299209 31-Jan-2006 REMITTANCE 299352 07- Feb -2006 REMITTANCE 299498 14- Feb -2006 REMITTANCE 299638 21- Feb -2006 REMITTANCE 299639 21- Feb -2006 MAINTENANCE AND REPAIRS 299353 07- Feb -2006 REMITTANCE 299640 21- Feb -2006 MATERIALS 299210 31-Jan-2006 CONSULTING SERVICES 299641 21- Feb -2006 CONSULTING SERVICES 299354 07- Feb -2006 CONSULTING SERVICES 299355 07- Feb -2006 MATERIALS 299643 21- Feb -2006 EQUIPMENT 299211 31-Jan-2006 MAINTENANCE AND REPAIRS 299499 14-Feb -2006 EQUIPMENT 299212 31- Jan -2006 REFUND 299213 31- Jan -2006 REFUND 299644 21- Feb -2006 CONSULTING SERVICES Page 2 of 8 Amount 230.05 133.75 7,488.93 3,082.72 910.33 1,561.56 148.17 611.95 19,661.05 49,035.81 5,868.87 70.46 746.35 122.73 69.37 315.88 2,303.02 425.50 587.13 981.86 99.23 777.81 213.77 233.29 341.87 98.33 1,935.45 13,495.78 25.00 35.05 623.81 1,659.70 148,984.53 27,257.09 296.62 2,121.00 30.00 65.42 220.41 161.71 585.04 106.95 126.50 20,354.60 127.19 283.16 224.50 196.40 183.80 1,715.00 4,174.80 3,048.13 3,014.63 3,046.95 3,025.09 60.99 500.00 2,996.05 2,407.50 3,354.56 13,696.74 11,539.10 12,040.50 368.12 47,999.67 4,958.88 60.00 10,165.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DOMINION PAVING CO DOMPIERRE,MICHELE DRAINAGE SUPERINTENDENTS ASSOC OF ONT DUJLOVIC,ED DUJLOVIC,ED E3 LABORATORIES ECKER,JANICE ECONOMY PAVING CO ST CATHARINES LTD ELECTRICAL SAFETY AUTHORITY ELLIS ENGINEERING INC EMCOMP CONSULTANTS INC EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD EVIN INDUSTRIES LTD EXTRICATION 2006 EXTRICATION 2006 FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FASKEN MARTINEAU DUMOULIN LLP FASTENAL CANADA FINE GRADE CONSTRUCTION FIRE MARSHALS PUBLIC FIRE SAFETY COUNCIL FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FOREVER YOUNG FRANK COWAN COMPANY LIMITED FUELMAKER CORPORATION G K SERVICES CANADA INC G B ENVIRONMENTAL GALES GAS BARS GB ENVIRONMENTAL SERVICES NIAGARA LTD GEORGE BAILEY ENTERPRISES GERRIE ELECTRIC WHOLESALE LTD GIURA BROTHERS CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GNBA GRAFTON UTILITY SUPPLY LTD GRAFTON UTILITY SUPPLY LTD GRAFTON UTILITY SUPPLY LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUP GREEN LINE EQUIPMENT GREENWAY ESTATES HOMES LTD GREY ISLAND SYSTEMS INC GROSS! HOMES LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC Cheque No. Cheque Date Purpose 299645 21- Feb -2006 299356 07- Feb -2006 299646 21- Feb -2006 299357 07- Feb -2006 299647 21- Feb -2006 299648 21- Feb -2006 299214 31- Jan -2006 299649 21- Feb -2006 299359 07- Feb -2006 299360 07- Feb -2006 299650 21- Feb -2006 299501 14- Feb -2006 299651 21- Feb -2006 299216 31- Jan -2006 299361 07- Feb -2006 299502 14- Feb -2006 299652 21- Feb -2006 299362 07- Feb -2006 299503 14- Feb -2006 299653 21- Feb -2006 299504 14- Feb -2006 299363 07- Feb -2006 299654 21- Feb -2006 299655 21- Feb -2006 299656 21- Feb -2006 299217 31- Jan -2006 299506 14- Feb -2006 299657 21- Feb -2006 299507 14- Feb -2006 299218 31- Jan -2006 299365 07- Feb -2006 299658 21- Feb -2006 299508 14- Feb -2006 299660 21- Feb -2006 299220 31-Jan-2006 299366 07- Feb -2006 299509 14- Feb -2006 299661 21- Feb -2006 299662 21- Feb -2006 299221 31- Jan -2006 229222 31- Jan -2006 299224 31- Jan -2006 299367 07- Feb -2006 299510 14- Feb -2006 299663 21- Feb -2006 299223 31-Jan-2006 299664 21- Feb -2006 299512 14- Feb -2006 299225 31- Jan -2006 299368 07- Feb -2006 299513 14-Feb -2006 299665 21- Feb -2006 299666 21- Feb -2006 299226 31- Jan -2006 299369 07- Feb -2006 299514 14- Feb -2006 299370 07- Feb -2006 299515 14- Feb -2006 299667 21- Feb -2006 299668 21- Feb -2006 299371 07- Feb -2006 299669 21- Feb -2006 299516 14- Feb-2006 299670 21- Feb -2006 299671 21- Feb -2006 299227 31- Jan -2006 299672 21- Feb -2006 299228 31-Jan-2006 CONTRACT SERVICES REFUND ADMINISTRATIVE ADMINISTRATIVE UTILITIES CONTRACT SERVICES REFUND CONTRACT SERVICES MAINTENANCE AND REPAIRS CONTRACT SERVICES CONSULTING SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS UTILITIES UTILITIES UTILITIES UTILITIES ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REMITTANCE REMITTANCE SUPPLIES SUPPLIES SUPPLIES CONSULTING SERVICES MATERIALS CONTRACT SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS REMITTANCE MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE MATERIALS REFUND MATERIALS REFUND MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS Page 3 of 8 Amount 1,412.40 171.15 125.00 113.83 45.95 2,003.67 65.00 51,052.03 1,662.78 3,300.95 792.87 374.50 1,123.50 1,171.05 55.31 40,654.67 12,557.56 73.01 1,358.47 3,008.12 171.20 2,408.25 200.11 1,500.00 450.00 662.04 366.10 782.44 535.00 36.11 111,668.60 100.00 142.50 422.66 1,569.75 4,328.78 516.26 1,490.89 80 25 18,100.70 836.69 103.19 2,284.45 143.16 2,979.95 1,585.67 707.94 993.24 1,575.97 963.30 4,009.51 2,710.22 75.00 3,583.63 558.90 230.00 743.57 1,047.21 123.00 61.40 9,885.69 1,000.00 695.75 300.00 579.51 3,160.32 1,452.27 3,103.85 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC NALCO MOBILE MFG SALES SERVICE INC HALLTECH ENVIRONMENTAL INC HANA AMERICA CORPORATION HAZARD CONTROL TECHNOLOGIES INC HECO HECO HECO HICKS MORLEY HILL BOLES LTD HILL BOLES LTD HILL BOLES LTD HILL BOLES LTD HOLMAN,GEOFF HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMMELL,HAROLD HY GRADE PRECAST CONCRETE IMAGISTICS CANADA INC INGENIOUS SOFTWARE IORFIDA CONSULTING INC JACK W HARPER CONSTRUCTION JACKSON,DAVE JOHN HARRIMAN JONES, DON KELLY,KAREN KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KERRY T HOWE ENGINEERING LTD KIRKPATRICK O'BRINE LTD KNECHT BERCHTOLD INC KOABEL,T KON,ADELE KRONSTEIN,MARK KUCHYT,TOM KUCZMA,PEARL LAFARGE CANADA INC LANG DRYWALL ACOUSTICS LTD LATOPLAST LTD LATOPLAST LTD LATOPLAST LTD LEGER MARKETING LEGER MARKETING LEXISNEXIS CANADA INC LONE STAR DRILLING ELEVATOR CAISSONS LTD LONGO,RALPH M J DUMONT ENTERPRISES LTD MANDERS,JEREMY MARONE,ALBINA MARTIN SHEPPARD FRASER LLP MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVI MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVI MAVES,DIANE MCBURNEY DURDAN HENDERSON CORBETT MCCONNELL LUCILLE MCCORDICK GLOVE SAFETY INC MCCORDICK GLOVE SAFETY INC MCCORDICK GLOVE SAFETY INC MCLEAN KERR LLP MCNAMARA,SUSAN ME OLSEN TITLES INC MEDCON MECHANICAL LTD Cheque No. Cheque Date Purpose 299372 07- Feb -2006 MATERIALS 299518 14- Feb -2006 MATERIALS 299673 21- Feb -2006 MATERIALS 299519 14- Feb -2006 LEASES AND RENTS 299229 31- Jan -2006 REMITTANCE 299373 07- Feb -2006 REFUND 299674 21- Feb -2006 MATERIALS 299230 31-Jan-2006 MAINTENANCE AND REPAIRS 299375 07- Feb -2006 MAINTENANCE AND REPAIRS 299675 21- Feb -2006 MAINTENANCE AND REPAIRS 299376 07- Feb -2006 MATERIALS 299231 31- Jan -2006 MATERIALS 299377 07- Feb -2006 MATERIALS 299520 14- Feb -2006 MATERIALS 299676 21- Feb -2006 MATERIALS 299378 07- Feb -2006 ADMINISTRATIVE 299232 31- Jan -2006 REMITTANCE 299379 07- Feb -2006 REMITTANCE 299521 14- Feb -2006 REMITTANCE 299677 21- Feb -2006 REMITTANCE 299380 07- Feb -2006 ADMINISTRATIVE 299522 14- Feb -2006 MATERIALS 299382 07- Feb -2006 LEASES AND RENTS 299679 21- Feb -2006 MATERIALS 299524 14- Feb -2006 CONSULTING SERVICES 299384 07- Feb -2006 CONTRACT SERVICES 299383 07- Feb -2006 ADMINISTRATIVE 299680 21- Feb -2006 CONSULTING SERVICES 299233 31- Jan -2006 ADMINISTRATIVE 299525 14- Feb -2006 ADMINISTRATIVE 299234 31- Jan -2006 CONTRACT SERVICES 299385 07- Feb -2006 CONTRACT SERVICES 299526 14- Feb -2006 CONTRACT SERVICES 299681 21- Feb -2006 CONTRACT SERVICES 299682 21- Feb -2006 CONSULTING SERVICES 299235 31- Jan -2006 REMITTANCE 299236 31- Jan -2006 MATERIALS 299386 07- Feb -2006 ADMINISTRATIVE 299387 07- Feb -2006 ADMINISTRATIVE 299388 07- Feb -2006 ADMINISTRATIVE 299389 07- Feb -2006 ADMINISTRATIVE 299237 31-Jan-2006 REFUND 299238 31-Jan-2006 MATERIALS 299528 14-Feb -2006 MAINTENANCE AND REPAIRS 299239 31-Jan-2006 MATERIALS 299390 07- Feb -2006 MATERIALS 299684 21- Feb -2006 MATERIALS 299391 07- Feb -2006 REMITTANCE 299685 21- Feb -2006 CONSULTING SERVICES 299686 21- Feb -2006 MATERIALS 299240 31- Jan -2006 CONTRACT SERVICES 299393 07- Feb -2006 MATERIALS 299404 07- Feb -2006 UTILITIES 299394 07- Feb -2006 REFUND 299395 07- Feb -2006 REFUND 299688 21- Feb -2006 CONSULTING SERVICES 299242 31-Jan-2006 CONSULTING SERVICES 299531 14-Feb -2006 CONSULTING SERVICES 299396 07- Feb -2006 ADMINISTRATIVE 299243 31-Jan-2006 CONSULTING SERVICES 299397 07- Feb -2006 ADMINISTRATIVE 299244 31- Jan -2006 MATERIALS 299398 07-Feb -2006 MATERIALS 299532 14- Feb -2006 MATERIALS 299689 21- Feb -2006 CONSULTING SERVICES 299399 07- Feb -2006 ADMINISTRATIVE 299690 21- Feb -2006 ADMINISTRATIVE 299534 14- Feb -2006 MAINTENANCE AND REPAIRS Page 4 of 8 Amount 1,577.34 460.00 874.00 575.00 4,312.50 343.00 1,299.76 4,929.30 2,423.84 98.44 7,528.69 73.58 546.54 51.11 847.65 99.17 45.57 45.57 45.57 45.57 207.20 5,290.00 6,162.30 535.00 1,043.25 3,550.27 184.84 585.00 83 35 65.83 3,210.00 5,262.05 219.56 8,815.48 3,613.41 294.25 4,137.70 300.00 114.36 18.00 141.79 65.00 8,927.45 1,893.73 41.11 707.42 1,748.00 1,765.50 1,872.50 228 98 2,782.00 137.98 655.50 750.00 750.00 157.59 3,477.50 3,866.68 78.00 124.20 78.00 563.92 110.93 85.52 3,801.59 84.00 45.10 564.89 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MICRON INSTALLATIONS LIMITED MINERVINI,DOMEN IC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MONTGOMERY,MOE& MONTGOMERY, MIKE MOORE CANADA MOORE CANADA MORTON,DALE MOUNTAINVIEW CONSTRUCTION INC MUNICIPAL FINANCE OFFICERS ASSOC OF ONT MUNICIPAL WORLD INC MUNICIPAL WSIB USERS GROUP MUSSARI,TOM MY COUNTRY DELICATESSEN MY COUNTRY DELICATESSEN MY COUNTRY DELICATESSEN NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA COLLEGE OF APPLIED ARTS AND TECHNOLOG' NIAGARA DOOR HARDWARE 1434220 ONTARIO LIMITED NIAGARA ENGINEERING WEEK NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA SOUND SYSTEMS NIAGARA TRANSIT NIAGARA TRANSIT NIAGARA WATER CONDITIONING LTD NIELSEN'S MAINTENANCE (1999) LTD NORJOHN LTD O PS INC OACETT OKIMI'S ATWORK OFFICE FURNITURE OMERS OMERS OMERS OMERS ON THE AIR NETWORKS ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO GOOD ROADS ASSOCIATION ONTARIO LAUNDRY SYTEMS INC Cheque No 299536 299401 299181 299182 299246 299247 299245 299402 299537 299691 299538 299692 299248 299405 299539 299249 299250 299406 299599 299251 299252 299540 299693 299694 299695 299253 299255 299409 299256 299410 299696 299697 299257 299411 299412 299542 299543 299698 299699 299259 299260 299414 299544 299701 299702 299703 299261 299545 299704 299262 299705 299706 299415 299707 299546 299547 299263 299550 299709 299264 299265 299266 299267 299548 299269 299710 299268 299549 Cheque Date Purpose 14- Feb -2006 07- Feb -2006 25- Jan -2006 25- Jan -2006 31- Jan -2006 31- Jan -2006 31- Jan -2006 07- Feb -2006 14- Feb -2006 21- Feb -2006 14- Feb -2006 21- Feb -2006 31- Jan -2006 07- Feb -2006 14- Feb -2006 31- Jan -2006 31- Jan -2006 07- Feb -2006 15- Feb -2006 31- Jan -2006 31- Jan -2006 14- Feb -2006 21- Feb -2006 21- Feb -2006 21- Feb -2006 31-Jan-2006 31-Jan-2006 07- Feb -2006 31- Jan -2006 07- Feb -2006 21- Feb -2006 21- Feb -2006 31- Jan -2006 07- Feb -2006 07- Feb -2006 14- Feb -2006 14- Feb -2006 21- Feb -2006 21- Feb -2006 31-Jan-2006 31-Jan-2006 07- Feb -2006 14- Feb -2006 21- Feb -2006 21- Feb -2006 21- Feb -2006 31-Jan-2006 14- Feb -2006 21- Feb -2006 31-Jan-2006 21- Feb -2006 21- Feb -2006 07- Feb -2006 21- Feb -2006 14- Feb -2006 14- Feb -2006 31- Jan -2006 14- Feb -2006 21- Feb -2006 31-Jan-2006 31-Jan-2006 31-Jan-2006 31-Jan-2006 14-Feb -2006 31- Jan -2006 21- Feb -2006 31- Jan -2006 14-Feb -2006 MATERIALS ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS ADMINISTRATIVE REFUND REMITTANCE MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES MATERIALS REMITTANCE CONTRACT SERVICES REMITTANCE ADMINISTRATIVE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE UTILITIES REMITTANCE UTILITIES REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES ADMINISTRATIVE REMITTANCE MATERIALS GRANT GRANT MATERIALS MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS REMITTANCE MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS REMITTANCE MAINTENANCE AND REPAIRS Page 5 of 8 Amount 3,090.94 264.59 10,989.00 160.50 42,672.79 3,204.80 1,492.88 1,564.88 1,564.88 1,534.12 652.85 311.19 15,298.09 620.40 80.17 75.00 1,187.70 20.10 85.00 195.53 78.09 55.72 76.31 10,487.80 21.37 15,793.20 218.50 280.00 36,720.38 1,430.00 36,720.38 220.00 31,452.54 13,422.70 2,252.89 4,022.34 366.48 8,971.94 130,573.63 4,375.06 2,204.16 2,204.16 2,204.16 2,186.24 2,842.18 732.71 100,000.00 5,623.45 66,303.85 70.00 35.00 465.04 250,000.00 125,000.00 169.06 21,245.85 501,102.74 793.47 385.20 1,432.30 17,890.78 197.09 305,722.72 6,669.80 5,673.68 765.59 219.35 303.31 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ONTARIO MUNICIPAL ADMINISTRATORS ASSOCIATION ONTARIO MUNICIPAL HEALTH SAFETY REPRESENTATI\, ONTARIO WATER PRODUCTS INC OUDERKIRK,KATHARINE P M PRODUCTIONS PAGENET OF CANADA INC PATTISON OUTDOOR ADVERTISING PENINSULA CONSTRUCTION INC PENINSULA MAINTENANCE LTD PENINSULA MAINTENANCE LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PETERBILT OF ONTARIO INC PHILIPS ENGINEERING PIZZA VILLA POPPA CORN CORP POPPA CORN CORP POPPA CORN CORP PORT COLBORNE ECONOMIC DEVELOPMENT TOURISM POTTS,JESSICA PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRECISE PARK LINK INC PRECISE PARK LINK INC PROJECT SHARE PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL MAINTENANCE PURE WATER PURE WATER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUICK CAR WASH QUICKSERVICE TECH (CAN) R E P CO. R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R V ANDERSON ASSOCIATES LIMITED RACINE,RALPH RACO AUTO SUPPLY LTD RANKIN CONSTRUCTION INC RCI CONSULTING RCI CONSULTING RCI CONSULTING REAMINED SYSTEMS INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REDEVELOPMENT CONCEPTS INTERNATIONAL ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROBINSON,BOB SR. ROCHESTER MIDLAND LIMITED ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC ROGERS WIRELESS INC RONA ONTARIO INC RONALD C ELLENS APPRAISALS INC ROTHSAY ROTO- ROOTER PLUMBERS ROTO ROOTER PLUMBERS Cheque No. Cheque Date Purpose 299711 21- Feb -2006 REMITTANCE 299416 07- Feb -2006 ADMINISTRATIVE 299712 21- Feb -2006 MATERIALS 299713 21- Feb -2006 ADMINISTRATIVE 299717 21- Feb -2006 MATERIALS 299270 31-Jan-2006 CONTRACT SERVICES 299551 14- Feb -2006 REFUND 299715 21- Feb -2006 MATERIALS 299271 31- Jan -2006 CONTRACT SERVICES 299552 14- Feb -2006 MATERIALS 299418 07- Feb -2006 CONTRACT SERVICES 299417 07- Feb -2006 MATERIALS 299714 21- Feb -2006 CONTRACT SERVICES 299272 31- Jan -2006 MATERIALS 299273 31- Jan -2006 CONTRACT SERVICES 299716 21- Feb -2006 MATERIALS 299274 31- Jan -2006 MATERIALS 299419 07- Feb -2006 MATERIALS 299718 21- Feb -2006 SUPPLIES 299420 07- Feb -2006 REMITTANCE 299421 07- Feb -2006 ADMINISTRATIVE 299554 14- Feb -2006 ADMINISTRATIVE 299422 07- Feb -2006 MATERIALS 299555 14- Feb -2006 MATERIALS 299719 21- Feb -2006 MATERIALS 299275 31- Jan -2006 CONTRACT SERVICES 299720 21- Feb -2006 MATERIALS 299276 31- Jan -2006 GRANT 299721 21- Feb -2006 GRANT 299277 31-Jan-2006 CONTRACT SERVICES 299278 31- Jan -2006 CONTRACT SERVICES 299279 31- Jan -2006 MATERIALS 299424 07- Feb -2006 MATERIALS 299280 31-Jan-2006 REMITTANCE 299425 07- Feb -2006 REMITTANCE 299556 14- Feb -2006 MATERIALS 299722 21- Feb -2006 REMITTANCE 299723 21- Feb -2006 MAINTENANCE AND REPAIRS 299724 21- Feb -2006 MATERIALS 299730 21- Feb -2006 MATERIALS 299285 31- Jan -2006 MATERIALS 299562 14- Feb -2006 MATERIALS 299731 21- Feb -2006 MATERIALS 299291 31- Jan -2006 CONSULTING SERVICES 299426 07- Feb -2006 REFUND 299427 07- Feb -2006 MATERIALS 299557 14- Feb -2006 CONTRACT SERVICES 299558 14- Feb -2006 CONSULTING SERVICES 299725 21- Feb -2006 CONSULTING SERVICES 299726 21- Feb -2006 CONSULTING SERVICES 299281 31- Jan -2006 MATERIALS 299282 31- Jan -2006 REMITTANCE 299428 07- Feb -2006 REMITTANCE 299559 14- Feb -2006 REMITTANCE 299727 21- Feb -2006 REMITTANCE 299728 21- Feb -2006 CONTRACT SERVICES 299431 07- Feb -2006 LEASES AND RENTS 299563 14- Feb -2006 MATERIALS 299286 31-Jan-2006 REFUND 299287 31-Jan-2006 MATERIALS 299732 21- Feb -2006 MATERIALS 299288 31- Jan -2006 UTILITIES 299733 21- Feb -2006 UTILITIES 299433 07- Feb -2006 MATERIALS 299432 07- Feb -2006 CONSULTING SERVICES 299289 31-Jan-2006 MATERIALS 299564 14- Feb -2006 MAINTENANCE AND REPAIRS 299734 21- Feb -2006 MAINTENANCE AND REPAIRS Page 6 of 8 Amount 275.00 75.00 262.20 124.91 1939.15 362.10 313.75 2,137.16 2,225.60 1,209.10 42.80 227.00 230.25 522.46 4,768.10 33.00 1,455.65 230.53 641.07 900.00 95.53 22.36 2,332.09 805.86 465.71 1,943.33 1943.33 16,664.61 16,664.61 5,000.00 17,820.79 63.00 13.50 145.15 36.51 42.60 158.52 216.00 86.76 192.14 386.21 327.73 281.58 5,450.03 150.00 345.00 119,539.59 8,967.54 7,202.12 2,005.23 535.00 198,975.18 188,660.84 190,941.47 215,128.66 9,100.93 1,199.38 452.13 4,000.00 943.87 1,017.55 1,954.75 321.40 150.39 4,653.00 40.66 149.80 481.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ROYAL DIRECT SACCONE,MARK SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY TODAY SALCI,TED SALCI,TED SALIT STEEL SALVATORE,ANGELINA SALVATORE,BEN& SALVATORE, BARB SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SERVICE MASTER SHAHEEN PEAKER SHERWIN WILLIAMS SHRED IT KITCHENER SICO INC SICO INC SIGNATURE SIGNS SINGULAR PRODUCTIONS LIMITED SLEEP FACTORY SMITH DAVIDSON LITHO SOS EMERGENCY RESPONSE TECHNOLOGIES SOURCE MEDICAL STREAMLINE SULLIVAN MAHONEY SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPERIOR PROPANE INC T R ENDEAVOURS TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TAYLOR,ROBERT TAYLOR,ROBERT TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TERANET INC THE BIRKS COMPANY THE CHAMBER OF COMMERCE NIAGARA FALLS CANADA THE DENNIS GROUP THE DRAWING CENTRE THE GREENFIELD GROUP LTD THE JACKET CELLAR THE MUNICIPAL LAW DEPARTMENTS ASSOCIATION OF 01 THE NIAGARA FLOWER GARDEN SHOW THE ONTARIO MUNICIPAL MANAGEMENT INSTITUTE THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA Cheque No Cheque Date Purpose 299290 31 -Jan -2006 299565 14- Feb -2006 299566 14- Feb -2006 299435 07- Feb -2006 299292 31- Jan -2006 299293 31-Jan-2006 299735 21- Feb -2006 299736 21- Feb -2006 299436 07- Feb -2006 299437 07- Feb -2006 299295 31- Jan -2006 299438 07- Feb -2006 299567 14- Feb -2006 299737 21- Feb -2006 299296 31- Jan -2006 299439 07- Feb -2006 299738 21- Feb -2006 299440 07- Feb -2006 299297 31- Jan -2006 299569 14- Feb -2006 299441 07- Feb -2006 299298 31- Jan -2006 299449 07- Feb -2006 299299 31- Jan -2006 299442 07- Feb -2006 299443 07- Feb -2006 299571 14- Feb -2006 299572 14- Feb -2006 299742 21- Feb -2006 299741 21- Feb -2006 299302 31- Jan -2006 299301 31- Jan -2006 299444 07- Feb -2006 299308 31- Jan -2006 299303 31- Jan -2006 299574 14- Feb -2006 299445 07- Feb -2006 299743 21- Feb -2006 299576 14- Feb -2006 299446 07- Feb -2006 299577 14-Feb -2006 299744 21- Feb -2006 299578 14-Feb -2006 299579 14- Feb -2006 299580 14- Feb -2006 299745 21- Feb -2006 299582 14-Feb -2006 299583 14- Feb -2006 299746 21- Feb -2006 299584 14- Feb -2006 299747 21- Feb -2006 299748 21- Feb -2006 299585 14- Feb -2006 299305 31- Jan -2006 299447 07- Feb -2006 299586 14- Feb -2006 299306 31-Jan-2006 299448 07- Feb -2006 299587 14- Feb -2006 299749 21- Feb -2006 299750 21- Feb -2006 299283 31- Jan -2006 299284 31- Jan -2006 299429 07- Feb -2006 299430 07- Feb -2006 299560 14- Feb -2006 299561 14-Feb -2006 299729 21- Feb -2006 REFUND REFUND MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS REFUND ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REFUND REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS ADMINISTRATIVE MATERIALS UTILITIES MATERIALS UTILITIES MATERIALS MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS ADMINISTRATIVE REMITTANCE REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SUPPLIES MATERIALS MATERIALS ADMINISTRATIVE REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS REMITTANCE CONTRACT SERVICES Page 7 of 8 Amount 371.44 750.00 3,098.48 406.55 911.90 1,160.00 1,160.00 1,594.59 149.80 750.00 911.49 12,326.00 2,004.12 3,885.74 4,994.85 743.65 345.56 69.55 478.44 906.89 867.65 791.20 5,154.30 2,127.50 2,300.00 14,187.39 391.00 70.00 1,757.25 1,144.75 228.36 23.00 1,315.21 2,081.00 863 58 923.69 300.00 127.33 4,413.81 867.00 7,420.70 512.29 184.00 5,000.00 1,098.25 26.75 1,757.01 593.86 1,016.50 6,435.40 100.00 5,000.00 125.00 313.24 36.00 541.86 48.30 414.00 289.80 48.30 841.80 11,422,236.27 2,300.00 73,528.00 3,454.20 3,155.53 1,800.00 7,215.75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE UNIFORM GROUP INC THE UNIFORM GROUP INC THE UNIFORM GROUP INC TIME DATA SOLUTIONS TINGEY,JONATHON TORONTO POLICE SERVICE TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOWN OF GRIMSBY TREASURE HOUSE IMPORTS LTD TVCOGECO UNIFORM UNIFORMS UNITED WAY UPPER CANADA CONSULTANTS VADIM COMPUTER MANAGEMENT GROUP LTD VANCOR SUPPLY VANCOR SUPPLY VEGA WIRELESS CORPORATION VEGA WIRELESS CORPORATION VIKING CIVES LTD VIKING LIVES LTD VINELAND QUARRIES VON NIAGARA BRANCH WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER GROUP/CNI INC WASTE MANAGEMENT WATT,DAVID WEIR FOULDS WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YWCA ST CATHARINES YWCA ST CATHARINES YWCA ST CATHARINES Cheque No. Cheque Date Purpose 299775 22- Feb -2006 ADMINISTRATIVE 299751 21- Feb -2006 ADMINISTRATIVE 299307 31- Jan -2006 MATERIALS 299450 07- Feb -2006 MATERIALS 299588 14- Feb -2006 MATERIALS 299740 21- Feb -2006 MATERIALS 299753 21- Feb -2006 CONTRACT SERVICES 299589 14-Feb -2006 MATERIALS 299754 21- Feb -2006 CONSULTING SERVICES 299590 14- Feb -2006 CONSULTING SERVICES 299755 21- Feb -2006 REMITTANCE 299756 21- Feb -2006 MATERIALS 299757 21- Feb -2006 MATERIALS 299758 21- Feb -2006 MATERIALS 299759 21- Feb -2006 REMITTANCE 299760 21- Feb -2006 CONSULTING SERVICES 299761 21- Feb -2006 MATERIALS 299309 31- Jan -2006 MATERIALS 299762 21- Feb -2006 MATERIALS 299310 31- Jan -2006 MATERIALS 299453 07- Feb -2006 MATERIALS 299592 14- Feb -2006 MATERIALS 299763 21- Feb -2006 MATERIALS 299593 14- Feb -2006 MATERIALS 299311 31- Jan -2006 ADMINISTRATIVE 299313 31-Jan-2006 CONTRACT SERVICES 299454 07- Feb -2006 CONTRACT SERVICES 299595 14- Feb -2006 MATERIALS 299766 21- Feb -2006 MATERIALS 299312 31-Jan-2006 MATERIALS 299594 14- Feb -2006 MATERIALS 299764 21- Feb -2006 MATERIALS 299765 21- Feb -2006 CONTRACT SERVICES 299456 07- Feb -2006 CONTRACT SERVICES 299314 31- Jan -2006 ADMINISTRATIVE 299457 07- Feb -2006 CONTRACT SERVICES 299315 31- Jan -2006 MATERIALS 299458 07- Feb -2006 MATERIALS 299596 14- Feb -2006 MATERIALS 299460 07- Feb -2006 GRANT 299767 21- Feb -2006 GRANT 299768 21- Feb -2006 MATERIALS 299316 31- Jan -2006 GRANT 299769 21- Feb -2006 GRANT 299597 14- Feb -2006 MATERIALS 299770 21- Feb -2006 MATERIALS 299317 31- Jan -2006 REMITTANCE 299318 31- Jan -2006 REMITTANCE 299771 21- Feb -2006 REMITTANCE 299319 31- Jan -2006 MATERIALS 299772 21- Feb -2006 MATERIALS 299598 14- Feb -2006 REMITTANCE 299773 21- Feb -2006 REMITTANCE 299320 31-Jan-2006 GRANT 299461 07- Feb -2006 CONTRACT SERVICES 299774 21- Feb -2006 GRANT Page 8 of 8 Amount 1,644,839.04 5,528.55 685.87 44.28 329.71 52.38 650.00 100.58 665.53 3,370.50 200.00 1,011.15 17.25 1,871.05 1,248.00 10,309.17 1,605.00 6,247.14 1,642.20 223.62 223.62 10,922.70 630.68 7,758.93 351.00 11.07 192.75 81.69 11.07 2,175.76 1,125.06 3,930.45 27,948.00 45.15 379.46 441.80 322.37 1,676.97 469.16 31,666.63 31,666.63 9,841.86 2,083.33 2,083.33 22,026.18 20,157.41 21,376.85 543.49 33,523.14 267.26 27.23 10,044.35 1,259.15 4,308.50 10,044.35 4,308.50 TOTAL 17,609,420.83 The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: That execution of an Application To Delete Restrictions and any documents necessary for the purpose of releasing restrictive covenants registered against Lot 25 Plan 160 Stamford "subject lands are hereby approved and authorized. BACKGROUND: Corporate Services Department L- 2006 -04 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E mail: kkelly @city.niagarafalls.on.ca March 6, 2006 Re: L- 2006 -04 Release of Restrictive Covenants 4417 -4425 Kent Avenue Niagara Artcraft Woodwork Company Our File No.: 2005 -396 Karen I. Kelly City Solicitor In 1958 The Corporation of the Township of Stamford conveyed the subject lands to Kerrio's Welding and Machining Limited. This conveyance was subject to restrictions and covenants and a copy of those restrictions and covenants is attached hereto as Schedule "A Joseph Speranzini, solicitor for Canadian Imperial Bank of Commerce, proposed mortgagee of the subject lands (now owned by Niagara Artcraft Woodwork Company Limited) has requested that the restrictions and covenants be released. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning 8, Development March 6, 2006 Staff circulated his request and no objections were raised to the release of the restrictive covenants. The release and deletion from title to the subject lands is therefore recommended, which release and deletion would be registered on title at no cost to the City. Recommended by: aren I. Kelly City Solicitor Approved by: T Ravenda Executive Director of Corporate Services KK/Ib Attachment car -2 Respectfully submitted: M John MacDonald Chief Administrative Officer L- 2006 -04 N P... 10- -owl MIt& DSO!. IM Pupa made (in duplicate) the 14th one thousand nine hundred and fifty-eight la P ass:put al SI t tart Nunes 4 fawapaart, Art, 380th ern -and- (Until W. t∎ 7-- reel ORRTOIR =LAM and mamH*mTyo LX)CDED, incorporated under the laws of the Province of Ontario, and having its Head Office at the City of Niagara Polls, day of July /ills CORPORATION OF TEX TQWNRRTP OF ATAMPOU hereinafter called *the Granter* OP THE FIRST PART hereinafter called 'the Grantees 'Or THE* SECOND PART that in considerati0n of TWO THOUSAND Dollars Of lawful money of Canada, Dow paid by the said Grantee to the aaid Grantor ,the mstpt whereof is hereby by it acknowledged, it the said Grantor path feud unto said Grantee in fee simple Altmikeimpdar th at certain poise/ att tract of land and ptemieee utuate,bTngandbeing in the Township of Stanford, County of Welland and Province of Ontario, and being composed of Lot No, 25, according to Registered Plan 160 for the said Township of Stanford, O il, 00 00 TO HAVE and to bold unto the said Grantee, its successors and assigns forever. SUBJECT nevertheless to the reservations, limitations, provisos and i I conditions °:pressed in the original grant thereof from the Crown. The said Grantor covenants with the said Grantee that it has the right to Donny the said lands to the said Grants., notwithstanding AND THAT the said Grantee shall have quiet possession of the said lands, free from all inouabrances. any act of the said Grantor. AND the said Grsntor rel AND the said Grantor covenants no act to incumber the aid with the said Grantee that it has done AND the said Grantor covenants with the said Grantee that it will uncut* snoh further assurances of the said lads as may b. requisite. lands. to the said Grantee all its claims upon the slid lands. The lands hereby conveyed are sold subasot to the following restric- tions and conditions running with the said lands, 1. THAT a building or buildings suitable for the fabrioating and amoral repair plant for structural steel, iron work and light manu- facturing shall be built thereon prior to the first day of August, 1959. and that in default of such building having been completed by the said date, the said lands shall revert to and become and b■ the property of the Grantor. subject only to the payment by the Grantor of a refund of 90 per cent of the purchase price of the said lands. 2, He building shall be built nearer any street than 25 feet nor closer to any lot line than 10 feet nor to 000upy more than 50 per cent' of the area of the let. 3, No lot or part of lot shall be sold or rs -sold or leased for a tors exceeding two years, except to the Grantor, except it stall tare been built upon in accordance with the Conditions herein expressed. b, No lands or buildings erected upon the said lands in the said sub. division shall be used for the following purposes: abattoir and livestock yards, brink yards and plants, Dement and cement produot plants, fertiliser processing plants, foundries, glass manufacturing plants, incinerators, lime kilns, paint factories, stone cutting and /or monument works. tanneries, Salvage and wrecking yards, stablest coal, fuel. gasoline and oil storage yards, if not used in conjunction with a manufacturing plant, IN WITNESS WHEREer the Party of the First Part has affixed its Corporate seal and the bands of ss pt irerfixers on it■ behalf, and the Party of the Second Part hathniff fr. s Corporate seal and the bands of its proper signing officer it...bghilf, a?. v., v.' Alm.! Ye r:li By -.to 4 'e./ fe tt t I s a ti t ..1 Sad 012" 11 sale of the land desoribed is this instraaent by the tfbrporation of h• Township of Stanford to %errio's Welding Machining Limited, is pproved nad•r Section S88(1), p,63(b) of The Moaiolpal Act, to Minister of Maaleipa' Affairs, and ORRRTO U By and WELDING 4 MOM 2 FGOVIN¢ OF onAglo 004.1141 O Welland WORN Edon t the City of WORN Tails b the County e! Welland. this lop rt( da July a S awn beiges use et de CitT et xlagra Tail is the Coati o f Yi llitld sbis /0 dal d 4.50- 44Siy- it ..f we s...1et",4:UlA cot. {e }A._ -..d the Onus ac_Y, ell.na To W4: ._..._.ti_. I. 'Ilia I am.- ..__.__4 "r�'a""� ,tea Xtorri•I• Yeldin nnd..]lachin t ng t t bt tad..... the..__.° to cams Is the emoted ice roe ant and as node have lsonied•e of the man keedn deposed w. nr9.! 3 >eotw,. th4 .i*at.a ore:,. M.LC.FT -0a4 Welding and machining Liaitod contrary to the pore Hon of Seines 2 d the Yenm.4 and Charitable tber An et Cando AD. 1• S8 A CasrYk etc. 1 OS *CT in..._, w., wt ..1 n sztak_ AFFIDAVIT UNDER LANDO TRANSFER TAX ACT In Use natter et The lad Trams1 Tax Ad Province of Ontario 1 1.. A.C. Huggins of the Township of Stanford County °fret land( in the County of Welland 1b Wit: Clerk make oath and a7: Clerk of the Grantor Corporal en. esseal I e a* within for waeeed) trada. t I lave a pasortbawbdde of the fsas stated is this atdora 1 The tree aenat of the boatel is as and the value d any property or ..nHty thdsd•d in the mo.dratl.a b r to (a) Brooke pile In cash 2.000 (1) Property harms In nehsede: Lq. ty rata 1 t YIL aamhra non t YIL (e) •eaettln tcaedased te the ward t YIL (d) Sara daaMbff sneemhnntr with bteacat.wbg at dote of Dada (1) Yorks .arced by matdip ender this tran.aettaa Una, .nndtlae and anintaaaa amen to wbkh treader b subject YI• lbtd oa alde atba_ a 2.000 4. It consideration b e. bbd, to tie trawler tee natural low sad affection! W ed f. It so, what b the relationship between Grantor and Grantee! t�. w re► a Other ninth. dad eapl natkr H Seeman Seeman w.e omn Y.A. 7- 1 tut the OY 1. et tits el TO WIT: smell oath sad WI I. TEAT I ow swear pant is Rd No lie within er easead betratoif sad tan* Sweet duly slimed, soiled pad sastated by et tho pestles thereto. 2. TWAT the odd Intreseet sad thrikete wen comb' by the St pot et the t. THAT I know Os aid Part 4. THAT I ea• embealbhw witness to tbe aM Iaorumeat sad duplicate. SWORN betel. me at the *I th• et A.D. It tbia ord Csaialesimer ter tadat haidttelth .it. or et So in the TO WIT: f redo meth sad NW: •2. THAT I ow peroally pup* sad did 111.00 tb• oftbla et antad frattiownt aid dna& thereof ay ;Sea* owlet tad eaeatted ly all peaks amts. .2.* TEAT th• Odd Inettwatai sal &Oak wet* Swig kr. sk rot et TEAT I lain the odd Part IS TWAT two esbeetibing whams is the said hotrositeat sad baptist. SWORttioterene at the tit day of S.D. is f in the el REGISTERED PLAN SUBDIVISION 59M -239 Mount Carmel 2 Phase 2 59M -248 Meadow Creek Subdivision 59M -229 Orchard Grove Subdivision 59M -237 Carol Extension Subdivision 59M -260 Fleming Estates Subdivision 59M -228 Chippawa West Subdivision Phase 1 The City of ad Niagara Falls Community Services Department MW- 2006 -26 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Members. Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario March 6, 2006 Re: MW 2006 26 Assumption of Various Subdivisions RECOMMENDATION: That the City formally assume the Plans and Subdivisions listed in this report. BACKGROUND: The City's standard Subdivision Agreement sets out the Developers obligations to ensure services are constructed according to City standards. Once all deficiencies are corrected and the maintenance periods have expired, the City will grant Final Assumption status to the development. According to the terms in the Subdivision Agreement, the City shall issue a Certificate of Assumption to the following subdivisions. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services 59M -257 Beaver Valley Subdivision 59M -272 Willick Road Subdivision 59M -243 Bambi North Subdivision 59M -268 Orchard Grove Extension Subdivision 59M -284 Parkwood Estates Subdivision 59M -200 Ascot Woods Extension Phase 4 March 6, 2006 MW- 2006 -26 Once the resolution is passed by Council a certificate will be issued to each developer and a formal notice sent to the Operations staff for their records. Council's favourable consideration of this recommendation is appreciated. Prepared by. V Rick Volpini, Project Manage Recommended by: Geoff Holman, CET Manager of Development Ed Dujlovic, P Eng Director of Municipal Works Respectfully submitted: S:REPORTS Reports\MW- 2006 -26 Assumption of Various Subdivisions.wpd John MacDonald Chief Administrative Officer ■■e •0001111111111rAme Er' 9 11,90111111 1111 VMil r 111 /6 1! re �tt i' •,.ate 11 U i February 2006 K: \GIS Requests\2006 \custom\Intemal \Municipal_ Works\ assumed _subdivisions \subdivislons.map Legend Subdivisions =1:L International Border U.S.A. Munkipal Boundary Roads Utilities W---- W Rail "'t Hydro Interprovincial Pipeline Trans Canada Pipeline City of Niagara Falls Ontario, Canada Niagarafalls Index map to accompany "Plans of Subdivisions To Be Assumed" Maps 1-4 N Niagara February 2006 _fft Plans of Subdivision To Be Assumed MAP ID SUBDIVISION PLAN 1 Carol Ext. 1 59M -237 MOUNIAINGA HA VEY ST •!I1I.Ir'LL V.r� Frio 14 ND Legend Map 1 f J r tr Subdivisions Roads Utilities CP Rail Hydro .rte International Border U.S.A. Interprovindal Pipeline Munldpal Boundary TransCanada Pipeline 0 N 200 rn KAGLS_Requests\2006 \CustomUntemal Munkipal_ Works\ assumed _subdivisions \subdMsions.map Niagarafalls SUBDIVISION PLAN Mount Carmel Ext. 2 Phase 2 59M -239 Parkwood Estates 591 -284 Meadow Creek 59M -248 Fleming Estate 59M -260 SubdMelons Roads Utilities al Rail CP Rail Hydro Amor Intematlonal Border U.S.A. Interprovincial Pipeline moo Municipal Boundary Trans- Canada Pipeline February 2006 Plans of Subdivision To Be Assumed Map 2 KAGIS_Reguest *2006\ CUStornUntemabMunicipal_W orks\ assumed _subdivisions \subdMsions.map TT i :LOLLY eusa41L8: I IINLYMILIBIAIMIN 1m rlel:layl� EMI SubdNisions Roads Utilities >rrrrrr m International Border U.S.A. Interprovincial Pipeline >r Municipal Boundary Trans- Canada Pipeline r/avinV' wAnuiwb L '�et9 ov mavalic: At. R11\\ Legend MAP ID SUBDIVISION PLAN 6 Ascot Woods Ext. 4 59M -200 7 Beaver Wiley 59M -257 8 Orchard Grove Estates 59M -229 9 Orchard Grove Ext. 59M -268 10 Bambl North 59M -243 February 2006 Plans of Subdivision To Be Assumed Niagara,Falls Map 3 N KAGIS Requests 2006 \Custom\ IntemabMunitlpal_W orks\assumed_subdNlsions\su bdlWSlons. map MAP ID SUBDIVISION PLAN 11 Chippawa West Phase 1 59M -228 12 Willick Road Estates 59M -272 LLILK KD Niagarafalls February 2006 12 Plans of Subdivision To Be Assumed Map 4 Legend Subdivisions Roads Utilities CN Rail CP Rail Hydro International Border U.S.A. Interprovindal Pipeline ace Munidpal Boundary Trans-Canada Pipeline II° T 200 m N KAGIS_ Requests\ 2006 \CustomgntemanMUniclpal _Works\ assumed _subdivislons\subdNlslons.map The City of Niagara Fall Cana Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -27 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca Re: MW- 2006 -27 March 6, 2006 Cathodic Protection of Watermains 2006- 164 -06 Contract Award It is recommended that the unit prices submitted by the low tenderer, 1460973 Ontario Limited O/A C.P. Systems, be accepted. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, February 21, 2001 at 1:30 p.m. for the above noted contract. Tender documents were picked up by three (3) Contractors and two bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the Contractors. 1. C.P. Systems (Whitby) $798,217.00 2. Demar Construction (Niagara Falls) $1,069,790.00 The lowest tender was received from tenderer, C.P. Systems in the amount of $798,217.00. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services March 6, 2006 This contractor has previously performed similar type projects for the City and several other municipalities throughout Ontario. C.P. Systems is a company that specializes exclusively in the installation of cathodic protection. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $840,000.00. This project is scheduled to commence on March 20, 2006. All works are to be completed within 70 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Respectfully submitted: Bob Darrall Project Manager Approved by: Project Costs: Awarded Contract $798,217.00 Funding: 2006 Capital Watermain Replacement $798,217.00 Acct.12 -3- 430003 030000 Ed Dujlovic Director of Municipal Works John MacDonald Chief Administrative Officer MW-2005-27 S:\REPORTS\2006 Reports NW- 2006 -27 Cathodic Protection of Watermains Program 2006 164 -06 Contract Award .wpd The City of Niagara Fall Canada Community Services Department R- 2006 -09 Parks, Recreation Culture Denyse Morrissey 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: dmorrissey @niagarafalls.ca Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: March 6, 2006 Re: R- 2006 -09 Winter Active 2006 That Council waive public skating fees for two (2) skating sessions, each being two (2) hours in duration to support Winter Active 2006. Presently, the City of Niagara Falls, in partnership with Niagara Regional Public Health Department is planning a series of community-based physical activities to take place during the winter months of February, March and April 2006. Activities include free public swimming at the YMCA and Boys Girls Club, as well as tobogganing and free public skating. As you may know, the health and well -being of close to two- thirds of the residents in Niagara are threatened from physical inactivity. According to the Canadian Physical Activity Guide, adults need to accumulate 30 -60 minutes of moderate physical activity every day to improve health, and children require approximately 90 minutes. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services March 6, 2006 CONCLUSION: The goal of Winter Active 2006 will be to assist families in Niagara Falls to meet the recommendations set out by Health Canada. As well, the event will focus on providing families in Niagara Falls the opportunity to participate in fun, healthy and enjoyable activities during the winter months. Prepared by: Jason MacLean Community Development Coordinator Chief Administrative Officer Recommended by: 2 #7 9 .e. 14 t ri Denyse Morrissey Director of Parks, Recreation Culture JM/das S: \Council \Council 2006\R- 2006 -09 Winter Active 2006.wpd Respectfully Submitted: John MacDonald R- 2006 -09 The City of Niagara Fall Canad� Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department R- 2006 -10 Parks, Recreation Culture Denyse Morrissey 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: dmorrissey@niagarafalls.ca March 6, 2006 Re: R- 2006 -10 Donor Recognition Agreement between the City of Niagara Falls, the YMCA of Niagara and the Falls Management Company and the Cares Foundation of Niagara Fallsview Casino Resort and Casino Niagara That Council authorize the Mayor and City Clerk to act on behalf of the City in executing a donor recognition agreement between the City ofNiagara Falls, the YMCA ofNiagara and Casino Niagara. The MacBain Community Centre Capital Campaign Committee initiated a schedule of naming opportunities for capital campaign donations to the Community Centre. The schedule was outlined in R- 2003 -47 Niagara Falls Community Centre Quarterly Report and was approved by Council on July 14, 2003. On September 30, 2005, the Casino Niagara announced that it intended to donate $250,000 over a five -year period to the MacBain Community Centre project. It was agreed with the MacBain Community Centre Capital Campaign that this donation would afford the Casino an opportunity to name the leisure pool in the new Centre for the life of the MacBain Centre and the leisure pool. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services March 6, 2006 R- 2006 -10 The Niagara Falls Casino has requested an agreement with the City, as owner of the facility, and the YMCA of Niagara, as operator of aquatic programs, to confirm the naming opportunity which is attached. Prepared by: Recommended by: SH/das Attachment Stephen Hamilton Manager of Recreation Facilities Community Development Denyse Morrissey Director of Parks, Recreation Culture Respectfully Submitted: vvc S: \Council \Council 2006\R- 2006 -10 Agreement with Niagara Falls Casino.wpd John MacDonald Chief Administrative Officer Charitable Donation Naming Rights Agreement This Agreement between Falls Management Company, for and on behalf of the Ontario Lottery and Gaming Corporation and The Cares Foundation of Niagara Fallsview Casino Resort and Casino Niagara (collectively the "Cares Foundation and the City of Niagara Falls and the YMCA of Niagara "YMCA made on September 30, 2005, sets out the terms and conditions under which the Cares Foundation agrees to provide a $250,000 donation to the YMCA, as a capital contribution to the development and construction of the MacBain Community Centre, to be paid by the YMCA to the City of Niagara Falls. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions in this Agreement, the Parties agree as follows: 1. Payment Particulars: In return for the benefits described in this Agreement, the Cares Foundation will provide the YMCA with a donation in the total amount of two hundred and fifty thousand dollars ($250,000.00) "the Donation The Donation shall be payable by the Cares Foundation to the MacBain Community Centre Campaign in five (5) equal annual instalments of fifty thousand dollars ($50,000.00), as follows: 1. December 30, 2005 $50,000.00 2. September 30, 2006 $50,000.00 3. September 30, 2007 $50,000.00 4. September 30, 2008 $50,000.00 5. September 30, 2009 $50,000.00 2. Donor Recognition: 2.1 In consideration of the Donation, YMCA and the City of Niagara Falls shall grant the Cares Foundation exclusive naming rights, for the life of this facility, for the main leisure pool located within the MacBain Community Centre, 7150 McLeod Road, Niagara Falls, Ontario "the pool"). The said pool will be named "The Cares Foundation of Niagara Fallsview Casino Resort Casino Niagara Leisure Pool" commencing on September 30, 2005. 2.2 The Cares Foundation name shall be prominently displayed on the donor wall and on a Naming Opportunity Plaque. The Cares Foundation grants the City of Niagara Falls and the YMCA the right to use the Cares Foundation name and logo in connection with the aforementioned purposes. 2 2.3 The Cares Foundation name shall be displayed on the leisure pool schedules and any correspondence generated and distributed pertaining to the leisure pool or pool activities within the MacBain Community Centre for a five year period beginning September 30, 2005 until October 1, 2010. The Cares Foundation grants the City of Niagara Falls and YMCA the right to use the Cares Foundation name and logo in connection with the aforementioned purposes. 3. No Partnership: The Cares Foundation and the City of Niagara Falls and the YMCA, and its affiliated organizations, venture and companies, are independent contractors with respect to each other, and nothing herein shall create any partnership or other relationship between them. Neither Party shall act as, or represent itself to any third party as being an agent of the other for any purpose whatsoever, except as may be approved or directed in writing. 4. Indemnification: The City of Niagara Falls and the YMCA shall indemnify and save harmless the Cares Foundation, Falls Management Company, the Ontario Lottery and Gaming Corporation, their subsidiaries, affiliates, successors and assigns, together with their respective directors, officers, employees and agents (collectively the "Indemnitees from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever which any may suffer as a result of: a) the negligence of the City of Niagara Falls or the YMCA, its employees, officers, directors or agents in performance of this Agreement b) a breach under this Agreement, or tortious acts or omissions of the City of Niagara Falls or the YMCA, its employees, officers, directors or agents in the performance of this Agreement and c) Representations or statements made by the City of Niagara Falls or the YMCA, its employees or agents concerning any products or services of the City of Niagara Falls or the YMCA in any advertising programs, materials or plans which the City of Niagara Falls or the YMCA may utilize in connection with the pool and/or the MacBain Community Centre. The City of Niagara Falls and the YMCA's covenants of indemnity herein will continue in full force and effect for the life of this facility notwithstanding the termination or expiration of this Agreement. In no event will the City of Niagara Falls and the YMCA be required to indemnify any of the Indemnitees for that portion, if any, of the losses, damages, liabilities, costs, expenses (including actual legal expenses), fines, penalties, assessments or charges of any kind referred to in this section attributable to any negligence or intentional wrongdoing of any of the Indemnitees. 5. Governing Law: This Agreement and the rights and obligations and relations of the parties shall be governed and interpreted under the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, and the Parties exclusively attom to the jurisdiction of the courts of the Province of Ontario. The City of Niagara Falls and the YMCA warrants that in all aspects of the performance of this Agreement, it shall comply with and be bound by all applicable federal, provincial and local laws, orders, rules, regulations, ordinances, by -laws, guidelines, standards, limitations, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to such laws. 6. Termination 6.1 Termination Upon Notice With Cause. Notwithstanding any other provision of the Agreement, the Cares Foundation may terminate this Agreement forthwith, without liability, and without limiting any of its other rights or remedies, upon written notice to the City of Niagara Falls and the YMCA if: a) the City of Niagara Falls and the YMCA is in material breach of any of its obligations, representations and/or warranties under this Agreement; b) an action, claim, judgment or writ of execution against the City of Niagara Falls and the YMCA may, in the Cares Foundation's reasonable opinion, harm the continued business operations of the City of Niagara Falls and the YMCA; and/or c) the City of Niagara Falls and the YMCA is unable to pay its debts when due, or is insolvent, is ordered or adjudged to be banluupt, is placed in the hands of a receiver, enters into any scheme or composition with its creditors, is dissolved, liquidated or wound up, or makes any assignment for the benefit of its creditors. 6.2 Casualty Damage. In the event of substantial casualty damage to the MacBain Community Centre which makes it impossible or impractical for the City of Niagara Falls and the YMCA to operate the pool, the Cares Foundation may, at its sole option and without being under any obligation to do so, terminate this Agreement, without liability, upon and as of the date of such casualty. 6.3 Government Taking. If the MacBain Community Centre (or a portion thereof) or any part of the real property upon which the MacBain Community Centre is situated is taken by governmental or quasi governmental action or sale in lieu thereof and such taking or sale makes it impractical or impossible for the City of Niagara Falls and the YMCA to operate the pool, the Cares Foundation may, at its sole option and without being under any obligation to do so, terminate this Agreement, without liability, upon and as of the date of such taking or sale. 7. Authority Each of the Parties represents and warrants that the execution and performance of this Agreement shall not conflict with, or result in a breach of any contract or other obligation applicable to such Party, and that: 4 a) it is duly formed and in good standing under the laws of its jurisdiction of incorporation; b) it has all necessary power and authority to enter into this Agreement and to perform all of its obligations hereunder; c) the execution and performance of this Agreement has been approved by all necessary action on its part and this Agreement constitutes the legal, valid and binding obligation of such Party, enforceable against it in accordance with its terms; and d) the undersigned representative of such Party is duly authorized to execute this Agreement on its behalf. 8. Assignment the City of Niagara Falls and the YMCA shall not assign any of the rights, duties or obligations of this Agreement, or any part of it, to any other person or entity without the prior written consent of the Cares Foundation, and any attempt by the City of Niagara Falls and the YMCA to do so shall be null, void and ineffective. 9. Heirs. Successors and Assigns This Agreement shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns, as the case may be, of each of the Parties hereto. 10. Savings Clause It is intended that all provisions of this Agreement shall be fully binding and effective between the Parties, but in the event that any particular provision or provisions, or part of one, is found to be void, voidable or unenforceable for any reason whatever, then the particular provision or provisions, or part of the provision, shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force and effect. 11. Entire Agreement This Agreement constitutes the entire agreement between the Parties with respect to the subject matter, and supercedes and replaces any and all prior agreements, negotiations, understandings, or representations made between the Parties concerning the subject matter of this Agreement, as expressly set out in this Agreement. 12. Amendments No amendment, change or modification of this Agreement shall be valid unless evidenced in writing, signed by the Parties hereto. 13. Acceptance of Donation Brad Hutchings Chief Financial Officer Cares Foundation The Corporation of the City of Niagara Falls: Stephe in Chief E.'ve Officer YMCA e legant YMCA hereby accepts the Donation upon the conditions herein contained. Date R.T. (Ted) Salci, Mayor Date Dean Iorfida, City Clerk Date 5 I J 2.00 Date THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Heavy Vehicle Restriction) 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 C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Confederation Avenue West Thorold Stone Road and At all times Crawford Street 11 First Reading: Second Reading: Third Reading: (2) by adding to the specified columns of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMES\DAYS Robinson Street Main Street and Allendale Avenue This By -law shall come into force when the appropriate signs are installed. Passed this day of 2005. DEAN IORFIDA, CITY CLERK TED SALCI, MAYOR Anytime inc "No Buses" CITY OF NIAGARA FALLS By -taw No. 2006 A by -law to amend By -law No. 79 -200, to permit a clinic. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 742, the land on the west side of Palmer Avenue through to McGlashan Crescent, being Lots 9, 10, 11, 29, 30 and 31 and the Lane between McGlashan Crescent and Palmer Avenue and between Lots 11 and 12 and 28 and 29 Plan 747 in the former Town of Niagara Falls, now known as Plan 285 in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated I and numbered 742 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land described in section 1 of this by -law and shown hatched and designated I and numbered 742 on the plan Schedule 1, attached hereto, shall be considered one lot. 3. None of the provisions of section 9.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated I and numbered 742 on the plan Schedule 1, attached hereto, or the erection or use of any building or structure thereon, for the purpose of a clinic. 4. Notwithstanding the provisions of clauses (a), (b), (c), (d), (g) and (i) of section 9.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated I and numbered 742 on the plan Schedule 1, attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum lot area Minimum front yard depth Minimum rear yard depth Minimum interior side yard width Maximum lot coverage Minimum landscaped open space the whole of the land described in section 1 of this by -law and shown hatched and designated I and numbered 742 on the plan Schedule 1 attached hereto 21 metres 12 metres 14 metres 17% 32% of the lot area, which shall include a 21 metre wide landscape strip, parallel to and along the front lot line, save and except for up to two driveways -2- (g) Access to the site from McGlashan none permitted except for emergency vehicles Crescent (h) Maximum number of practitioners 5 5. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.742 (a) Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land on the west side of Palmer Avenue through to McGlashan Crescent, designated I and numbered 742 on Sheet D4 of Schedule "A shall be considered one lot. (b) Passed this sixth day of March, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: None of the provisions of section 9.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the west side of Palmer Avenue through to McGlashan Crescent, designated I and numbered 742 on Sheet D4 of Schedule "A or the erection or use of any building or structure thereon, for the purpose of a clinic, except in compliance with By -law No. 2006- (c) Notwithstanding the provisions of clauses (a), (b), (c), (d), (g) and (i) of section 9.2 of By -law No. 79 -200, no person shall use the land on the west side of Palmer Avenue through to McGlashan Crescent, designated I and numbered 742 on Sheet D4 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2006- March 6, 2006 March 6, 2006 March 6, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land r Ad Amending Zoning By -law No. 79 -200 Description: Lots 9, 10, 11, 29, 30 and 31 and the Lane between McGlashan Crescent and Palmer Avenue and between Lots 11 and 12 and 28 and 29 Plan 747 in the former Town of Niagara Falls, now known as Plan 285 in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: 2071507 Ontario Inc. Assessment 272502000306700 K: \GIS Requests\ 2005\ Schedules \ZoningAM\AM- 36 \mapping.map 1:NTS AM- 36/2005 February 2006 Passed this sixth day of March, 2006. First Reading: Second Reading: Third Reading: March 6, 2006 March 6, 2006 March 6, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Charitable Donation/Naming Rights Agreement with Falls Management Company, The Cares Foundation of Niagara Fallsview Casino Resort, Casino Niagara and the YMCA of Niagara, respecting a donation to the YMCA of Niagara as a capital contribution to the development and construction of the MacBain Community Centre. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Charitable Donation/Naming Rights Agreement dated the 30 day of September, 2005 and made between Falls Management Company, for and on behalf of the Ontario Lottery and Gaming Corporation and The Cares Foundation of Niagara Fallsview Casino Resort and Casino Niagara, collectively as the Cares Foundation, and The Corporation of the City of Niagara Falls and the YMCA of Niagara as YMCA, respecting a donation by the Cares Foundation to the YMCA as a capital contribution to the development and construction of the MacBain Community Centre, to be paid by the YMCA to the City, subject to the terms and conditions as set out in the Charitable Donation/Naming Rights Agreement and an excerpt of the first page attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Charitable Donation/Naming Rights Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Charitable Donation/Naming Rights Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR ouHEDULE This Agreement between Falls Management Company, for and on behalf of the Ontario Lottery and Gaming Corporation and The Cares Foundation of Niagara Fallsview Casino Resort and Casino Niagara (collectively the "Cares Foundation and the City of Niagara Falls and the YMCA of Niagara "YMCA made on September 30, 2005, sets out the terms and conditions under which the Cares Foundation agrees to provide a $250,000 donation to the YMCA, as a capital contribution to the development and construction of the MacBain Community Centre, to be paid by the YMCA to the City of Niagara Falls. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions in this Agreement, the Parties agree as follows: 1. Payment Particulars: In return for the benefits described in this Agreement, the Cares Foundation will provide the YMCA with a donation in the total amount of two hundred and fifty thousand dollars ($250,000.00) ("the Donation The Donation shall be payable by the Cares Foundation to the MacBain Community Centre Campaign in five (5) equal annual instalments of fifty thousand dollars ($50,000.00), as follows: 1. December 30, 2005 $50,000.00 2. September 30, 2006 $50,000.00 3. September 30, 2007 $50,000.00 4. September 30, 2008 $50,000.00 5. September 30, 2009 $50,000.00 2. Donor Recognition: Charitable Donation /Naming Rights Agreement 2.1 In consideration of the Donation, YMCA and the City of Niagara Falls shall grant the Cares Foundation exclusive naming rights, for the life of this facility, for the main leisure pool located within the MacBain Community Centre, 7150 McLeod Road, Niagara Falls, Ontario ("the pool The said pool will be named "The Cares Foundation of Niagara Fallsview Casino Resort Casino Niagara Leisure Pool" commencing on September 30, 2005. 2.2 The Cares Foundation name shall be prominently displayed on the donor wall and on a Naming Opportunity Plaque. The Cares Foundation grants the City of Niagara Falls and the YMCA the right to use the Cares Foundation name and logo in connection with the aforementioned purposes. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 104 on Registered Plan 59M -338 as a public highway, to be known as and to form part of St. Michael Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 104 Plan 59M -338 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 104 Plan 59M -338 that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this sixth day of March, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 6, 2006. March 6, 2006. March 6, 2006. A by -law to authorize the payment of $17,609,420.83 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning January 25, 2006 to February 22, 2006. Passed this sixth day of March 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 6, 2006 March 6, 2006 March 6, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 2005 -85, being a by -law to permit an increased building envelope and height for an enclosed water park and a series of enclosed pedestrian walkways, respectively. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2005 -85 is amended by deleting Schedules 2 and 3 and Schedules 2 and 3 attached hereto shall be inserted in lieu thereof. Passed this sixth day of March, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 6, 2006 March 6, 2006 March 6, 2006 CITY OF NIAGARA FALLS By -law No. 2006- SCHEDULE 2 TO BY -LAW No. 2005 -85 Subject Land i Amending Zoning By -law Nos. 79 -200 and 5335, 1955 Description: See Appendices "A" and "B" xAGIS_.03\6,+e.Ape Applicant: Maximum Building Height Location Above Geodetic Survey of Canada Elevation 166.3 m 37 m 1032514 Ontario Limited 1006092 Ontario Limited Canadian Niagara Hotels Inc. Greenberg International Inc. Maple Leaf Entertainment Inc. S i:xrs AM- 03/2006 February 2006 SCHEDULE 3 TO BY -LAW No. 2005 -85 Subject Land Amending Zoning By -law Nos. 79 -200 and 5335, 1955 Description: See Appendices "A" and "B" Applicant: 1032514 Ontario Limited 1006092 Ontario Limited Canadian Niagara Hotels Inc. Greenberg International Inc. Maple Leaf Entertainment Inc. Location Maximum Building Height Above Geodetic Survey of Canada Elevation 166.3 m 54 m 45 m s 1:NTS AM- 03/2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6t day of March, 2006. 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 6 day of March, 2006 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 sixth day of March, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 6, 2006. March 6, 2006. March 6, 2006. Council ADDITIONS TO COUNCIL, MONDAY, MARCH 6, 2006 1. Correspondence from Ministry of Transportation, re: Zoning By -law Amendment Application, 5685 5705 Falls, 4608 4800 Bender Street and 4915 Clifton Hill. 2. Letter from the Niagara Parks regarding the Proposed Official Plan Amendment No. 62, Section 37. 3. Letter from Rocco Vacca, Sullivan Mahoney, re: PD- 2006 -15, Architectural Peer Review. 260E _h: 5; 41E- 235 4.'6' 19 iA1NSPonot14M iR115P9815 To: Doug Darbyson Company: The City of Niagara Falls Fax: 1 905 356 2354 CORRIDOR MANAGEMENT Central Region Corridor Management Office 7"' Floor, Building D 1201 Wilson Avenue Downsview, Ontario, M3M JJ8 FAX TRANSMISSION COVER SHEET Date: February 28'h, 2006 OwT O From: Adrian Firmani Phone: 416 235 5383 Transportation Technician Fax: 416 235 4267 Corridor Management Section E mail: Adrian.Fintnani@mto.gov.on.ca Pc: Zoning By -Law Amendment Application AM- 03/2006 YOU SHOULD RECEIVE 2 PA (S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 416 -235 -5385. PAGE 01/02 RECEIVED FEB 2 8 2006 PLANNING DEVELOPMENT D Ministry Of Ministers des Transportation TYansports Phone: (416) 235 -5383 Central Region Operations Fax: (416) 235 -4267 Corridor Management Section E mail: Adrian.Firmani @ntto.gov.on.ca 7 Floor, Bldg. D 1201 Wilson Avenue Downsview, Ontario M3M 1,18 February 28 2006 File: AM- 03/2006 City of Niagara Falls Planning and Development 4310 Queen Street, 2 Floor Niagara Falls, Ontario 1-2E 67(5 A enioD v Regards, t.1 Adrian Firm.ani Transportation Technician Corridor Management Section Ministry of Transportation 7th Floor, Building "D" 1201. Wilson Avenue, Downsview, Ontario, M3M 158 Tel. (416) 235 -5383 Fax. (416) 235 -4267 E -ma.l: adrian.firmani @mto.gov.on.ca CURRI DOR MANAGEMENT Ontario Dear Mr. Darbyson: Re: Zoning By -Law Amendment Application Further to your circulation dated February 28, 2006, this ministry has reviewed the above noted application and we have no comments and/or concerns with the proposed development. Please note that the subject lands are outside the ministry's pennit control area. If you have any questions, please feel free to contact me. 1'1:46E d z» J. T,- 03/03/0B 09:22 FAX An matey ate Govern sate of Onorio deco 1815 Jim Williams Chairman Mr Doug Darbyson Director of Planning and Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: RE: PROPOSED OFFICIAL PLAN AMENDMENT 62 PART 2, SECTION 4 TOURIST COMMERCIAL PART 4 SECTION 4 BY LAWS RELATED TO SECTION 37 OF THE PLANNING ACT While The Niagara Parks Commission is not adverse to the use of Section 37 of the Planning Act in the Tourist Commercial section of the City, we do have a concem that it could give licence to huge variations on height and density in areas along River Road or Chippewa where low rise structures are envisioned. We also feel that Section 37 should only be used when there has been a study which sets out what the public realm improvements are going to be in order for the public as well as the developers to know where their efforts are being directed. We would appreciate being kept informed of the status of this proposed amendment. /cr NPC TECH SERVICE CITY NIAG FALLS a002 /002 Yours truly, I a ll Plannlnp l Fier Toar /ch1 Engineering Dave Gillis Phone: 9051356-2241, ext. 260 Fax: 905/356 -7262 E -Mail: npceng@niagaraparks.com March 2, 2006 Dave Gillis, MCIP, RPP Manager Planning Properties THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niagaraparks.com RECEIVED MAR 0 3 2006 PLANNING DEVELOPMENT John Kernahan General Manager 03/02/2006 14:17 9053570501 March 2, 2006 via fax #905.356.9083 CITY OF NIAGARA FALLS City Hall 4310 Queen Street NIAGARA FALLS, ON L2E 6S4 Attention: Dean Iorfida, Clerk Dear Sir: Re: PD- 2006 -15, Architectural Peer Review 1. Responsibilities 2. Membership and Chair V.P. Muratori, Q.C. a, Donal M.J. Bonomi J. Clerkaon P.B, Bedard D.A. Goalin 4.W, McCann B. J. Troup G.A. Wifjni JAM. 00011 5.1. Prom S. McKay BARRISTERS SOLICITORS Please reply to the Niagara Falls Office We have now had an opportunity to review report PD- 2006 -15 which will be before Council for consideration on March 6, 2006. Given that this writer will not be available to make oral submissions at the public meeting, we would ask that you provide a copy of this letter to the Mayor and the members of Council. Although report PD- 2006 -15 has taken into account many of the comments made by the stakeholders, the current draft of the Terms of Reference require further consideration and revision on the following points: Any and all reference to the panel providing an opinion or making suggestions as to any design changes which would better meet "planning objectives" ought to be deleted. The City's Planning Department ought to be the only individuals evaluating whether the proposal meets the "planning objectives" in the Official Plan. We disagree that the provisions of the Municipal Conflict of Interest Act should be the applicable test as to whether a panellist has a conflict of interest. The provisions of the Act are very general and uncertain when applied on a case by case basis. As this writer stated to senior members of the Planning Department at a meeting on February 17, 2006, the conflict of interest issue ought to be dealt with as follows: 40 Queen Street P. O. Box 1360, St Catharines. Ontario L2R 622 Telephone: 905- 688 -6655, Facsimile; 905688 -5814 4781 Porlape R9ed, Nixnn Pella, Ontario 1.2E 681 Telephone 903 357 -0500, Facsimile; 905- 357 -0501 P.T. Barnwell, QC. R.B. Culllton C. D'Anrelo R.D. Swale Of Counsel (Commercial Law): M.D. Krlluck DOUGLAS GOSLIN PAGE 01 T.A. Richardson J,11. Bush R. Vacca M. Leacak P.M. Sheehan Pak, Mahoney T. Wall N. Padunni W.B. McKalg P.A. Macdonald K.A. King 03/02/2006 14:17 9053570501 3. Procedures and Protocol (b) Page 2 DOUGLAS GOSLIN PAGE 02 (a) prior to being appointed to the panel, each panellist shall sign and deliver to the City an undertaking to immediately advise the City if he or she accepts a retainer from a property owner for a project that will be required to go through the Architectural Peer Review process; (b) should a panellist accept a retainer as noted above, then the panellist should declare a conflict of interest and shall be prohibited from participating in any Architectural Peer Review until his or her retainer has come to an end; (c) in the case where a panellist has declared a conflict of interest, the Director of Planning and Development shall appoint an alternate panellist from the reserve pool of panellists; (d) should a panellist fail to declare a conflict of interest in the circumstance where he or she ought to have done so, then the panellist ought to be permanently removed from the panellist pool indefinitely. We would suggest that the above would lead to certainty on the issue and negates any public perception of perceived bias by a panellist which may otherwise result if the panel members were simply made subject to the Municipal Conflict of Interest Act provisions. Although we agree that a preliminary meeting with the panel before an application is made is beneficial, in certain circumstances (ie: tight deadlines for approval and construction as mandated by a franchisor) it is impossible. Accordingly, we believe it would be fair to state in the Terms of Reference that a preliminary meeting with the panel is strongly recommended and advised but not mandatory. Similar revisions would be required to be made to the "Reporting" section of the Tenns of Reference. With respect to the "Liaison" section of the Tenns of Reference, we would suggest that language be inserted to clarify the following: (a) the chair of the panel shall only liaise with the Director of Planning and Development or his designate; there shall be no discussions or correspondence between members of council and the chair of the panel or any of the panel members. Any and all enquiries by the Council members on a specific Architectural Peer Review report shall be directed to the Director of Planning and Development or his designate. Given the above, we are suggesting that Council defer its consideration of report PD- 2006 -15. Although much progress has been made, further refinement of the Terms of Reference is necessary. This writer is prepared to continue to work with planning staff and the other stakeholders towards the adoption of formal Terms of Reference for the Architectural Peer Review Panel, We agree with planning staff that introduction of the formal Terms of Reference is a key improvement to the existing Architectural Peer Review process. 03/02/2006 14:17 9053570501 Yours truly, SULLIVAN MAHONEY LLP Per: occo Vacca RV:rhh cc. Doug Darbyson via f9,74905356.2354 cc. Italia Gilberti via fax#905.356.2621 Page3 DOUGLAS GOSLIN PAGE 03