2004/05/17PLANNING/COUNCIL
MEETING
Monday, May 17, 2004
Order of Business
and Agenda Package
PLANNING MEETING
May 17, 2004
1. PRAYER: Alderman Carolynn Ioannoni
2. O CANADA: Students from Mary Ward School will sing the National Anthem.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATIONS
A presentation will be made to Daniella Jones, who recently won a Provincial Gold
Medal at the 2004 Trillium STARskate Ontario Championships ~r figure skating.
DEPUTATIONS
Niagara Falls Girls Soccer Club
Andrew Howcroft, Niagara Falls Girls Soccer Club, wishes to invite members of
Council to the Grand Opening of the Home for Girls Soccer, on Saturday, May 29, 2004.
Mayor's Youth Advisory Committee
Terry Kane, Chair of the Mayor's Youth Advisory Committee and Cara Hutton,
Vice Chair of the Mayor's Youth Advisory Committee, wish to address Council
regarding The Niagara Children's Charter and present a cheque from the Battle of the
Bands event.
-2-
Brain Injury Awareness
Jacqui Graham wishes to request that Council proclaim the month of June, 2004
as "Brain/njury Awareness" month and will provide information on the upcoming events
that will be held during Brain Injury Awareness month.
Niagara Falls Public Library
Joe Longo, Chief Librarian, Niagara Falls Public Library, wishes to address
Council on the City Centennial Events at the Library.
Arena Facilities Feasibility Study
John A. Stevenson and Norma Draper, Leisure International Inc., wish to
present the Arena Feasibility Study.
PLANNING MATTERS
ITEM NO. 26 Public Meeting
AM-44/2003, Zoning By-law Amendment Application
Surface Commercial Parking Lots
Background Material:
Recommendation Report: PD-2004-44
ITEM NO, 27 Public Meeting
AM-19/2004, Zoning By-law Amendment Application
5981 Fallsview Boulevard
Applicant: 1473956 Ontario Ltd.
Agent: Donato Colangelo
Request to Reduce Parking Requirements for
A Proposed Retail Store
Background Material:
Recommendation Report: PD-2004-40
-3-
ITEM NO. 28 Public Meeting
AM-18/2004, Zoning By-law Amendment Application
4750 Garner Road
Applicant: Ruth Grandoni
Agent: Dennis Savriga
Proposed Rural Residential Development
Background Material:
Recommendation Report: PD-2004-41
ITEM NO. 29 Public Meeting
AM-05/2004, Zoning By-law Amendment Application
Golia Estates Draft Plan of Subdivision
26T-11-2004 (Revised)
Owner: Nicola Golia
Background Material:
Recommendation Report: PD-2004-43
REGULAR COUNCIL
ADOPTION OF MINUTES: Regular Council Minutes of May 3, 2004; and Special
Budget Meeting of May 4, 2004; and Special Budget
Meeting of May 10, 2004.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARK~
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Niagara Falls Downtown Board of Management - Re: 2004 Budget - requesting
that Council approve the 2004 Niagara Falls Downtown Board of Management 2004
Budget.
- AND -
Inter-Departmental Memorandum from the City Clerk, attaching various
correspondences.
RECOMMENDATION: For the consideration of Council.
-4-
2a) The Fallsview BIA - Re: 2004 Budget- requesting that Council approve the
Fallsview BIA 2004 Budget;
-AND -
2b) The Fallsview BIA - Re: Board of Directors - requesting that Vince Kerrio Jr., be
the Council representative on the Fallsview BIA Board of Directors.
RECOMMENDATION: For the consideration of Council.
3. Niagara Falls Chamber of Commerce - Re: 2004 Water Rates - requesting that
Council revisit the 2004 water rates due to the error by the Regional Municipality of
Niagara relating to costs of sewage processing by the Region; and urges Council
to ensure that should Council decide to reimburse ever water user in Niagara Falls,
that large water users such as industry are reimbursed equitably for overpayments
made over the last four years.
RECOMMENDATION: Refer to staff.
4. Child Find Ontario - Re: 13th Annual Green Ribbon of Hope Campaign -
requesting Council support of the 13th Annual Green Ribbon of Hope Campaign and
requesting that Council proclaim May 25th, 2004 as "National Missing Children's
Day".
RECOMMENDATION: That the request be supported.
5. Victorian Order of Nurses - Re: Flag Raising - requesting a flag raising ceremony
on May 17t~, 2004 at City Hall in celebration of National VON Week on May 17th to
May 23rd, 2004.
RECOMMENDATION: That the request be approved.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chair)
-5-
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.
1. BBS-2004-02, Sign Variance, Jain Imports - 4080 Montrose Road;
2. BBS-2004-03, Sign Variance, Hilton Hotel - 6361 Fallsview Boulevard;
3. F-2004-35, Financing Lease Report;
4. L-2004-27, ~1546952 Ontario Limited; Consent for Application for Absolute Title;
5. MW-2004-83, Tender #NP-02-2004, For the Supply of Ready Mix Concrete;
6. MW-2004-84, Tender #NP-01-2004, Supply of Bituminous Patch Materials and Asphalt
Emulsions;
7. MW-2004-86, Tembec Dust Suppressant;
8. MW-2004-87, Tender #2004-02, 2004 Sidewalk & Concrete Repair Program;
9. PD-2004-42, City-Wide Community Improvement Plan (ClP), Hiring of Consultant;
10. R-2004-27, Monument Repairs/Drummond Hill Cemetery;
1t. R-2004-30, Patrick Cummings Memorial Sports Complex Phase lB, Landscape
Development, Tender TR1 J-2004;
~12. R-2004-3~1, Shrub Bed Maintenance 2004
RATIFICATION OF IN CAMERA SESSION
-6-
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
2004-95 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Stopping Prohibited)
2004-96 To amend By-law No. 79-200, to permit the conversion of a former nursing
home into an apartment dwelling. (Re: AM-36/2003, Angelo Butera c/o Butera
Group Inc.)
2004-97 To adopt, ratify and confirm the actions of City Council at its meeting held on
the 17th day of May, 2004.
NEW BUSINESS
Community Services Department The City of
Parks, Recreation & Culture Niagara Falls lJ~l~
Inter-Departmental Memorandum ca n~d~,~.~
To: Ca~y Crabbe I.Ila~. FALLS CLERKS '04 0415 15:20 April 15, 2004
Mayor's Office -
From: Lori-Lyn Albanese
Community Development Coordinator
Extension 4330
Subject: Council Presentation - Mondays May 1% 2004,
Daniella Jones - Provincial Gold Medal Winner - Figure Skating
Daniella Jones, a 16 year old A.N. Myer High School student, recently won first place at the 2004
Trillium STARskate Ontario Championships, in the Senior Silver Ladies Division, in Waterloo,
Ontario. Daniella was 15 years old, at the time of the provincial competition.
Her three and a half minute performance was nearly flawless and the result was four first and one
second on the judges scorecards.
A Stamford Skating Club skater, Daniella competed against eleven other skaters from across
Ontario. Three skaters are chosen from each of the four regions in Ontario, for a total of twelve
skaters competing for the Provincial Championship.
In order to qualify provincially, skaters must compete at both local and regional competitions.
Fifteen clubs, from Grimsby to Port Colborne, compete for the local title and the winners then move
on to the regional competition. Daniella won first place at each level - local, regional and now
provincial.
She has been skating for 11 years and has been competing for the past eight years. A dedicated
figure skater, Daniella practices four times each week - 75 minutes at each practice. She will
continue to train in the summer. The article from The Review is attached.
c.c. Dean Iorfida pLANNING
Adcle Kon
Worth0 Tooet~er to Serve Our Communit~
Falls
skater
cap.tures
provincial
title
Daniella Jones aearly
flawless in final
at th~ 2004 Tr/lliurn STAP~kat¢
she said. "Once I finished Skat/:lg,
Daniella Jone~
Ilgure skating
championshi[~
Waterloo. The 15-year~
swept through the qualifiers and
won the Ontar/~ final with a nearly
perfect s~te ;
JUNE IS BRAIN INJURY AWARENESS MONTH
Brain Injury Can Hurt Forever! That is the message for Brain Injury Awareness during
the month of June in Canada.
Everyday we read in the newspaper about crashes, assaults, and falls, but rarely do
we hear about the aftermath. Many people do not return to their pre-injury lives once
they leave the hospital.
Over the last 17 years, medical advancements have greatly increased the chances of
surviving a brain injury - but the story does not end there. Many individuals are left with
life-long physical and cognitive problems, particularly after being in coma. Every year
over 6,000 Canadians become permanently disabled after sustaining a blow to the head.
My name is Jacqui and my story is just one in many who have totally had to readjust
their lives because of brain injury. Unlike other individuals I have chosen to pass the
important message of brain injury on to those in the population who can benefit, because
I feel that without awareness there is little chance for prevention.
In 1985 I sustained a brain injury from a car crash blamed on black ice. 19 years ago
the prognosis was that with the injuries I had, I wasn't to make it the night. But after
spending two weeks in a coma, I spent the next two weeks coming back. Once part of
the world again the prognosis was that I was paralyzed on my right side, could no longer
walk or talk, and this was my future. I refused to live with that decision and began a very
intense self-developed rehabilitation process that brings me to the present.
At the time, not much was know about the permanency of brain injury and its
idiosycrasies and I was told that I would make a 98% recovery. But that was just not to
be. Based on that information I made a lot of life altering decisions that were later
rescinded. Basically, my life changed dramatically forever!
However since that time I have dedicated my life to increasing people's awareness of
the "invisible" disability, brain injury. The need for true understanding and awareness is
paramount to me now.
Due to this rather abrupt lifestyle change, brain injury associations and other related
groups all across Ontario are scheduling awareness events in the month of June. In the
Niagara region six service providers have gathered together to plan events that will draw
attention to brain injury awareness.
To start everything off Boston Pizza is sponsoring a charity golf tournament on May
27th, 2004 at Royal Niagara. On June 18th we are holding a 'Battle of the Bands' at the
Niagara Arts Centre (NAC) in St. Catharines. This event is directed towards the target
group, teenagers. It will be an enjoyable event for them and an awareness event, with
information being made available as well as a handy Swipe Guard that's popular with
many teens today.
For further information about this event and ail of our events please contact Brain
Injury Community ReEntry at (905) 687-6788.
NIAGARA
BRAIN INJURY AWARENESS
COMMITTEE
BRAIN INJURY CAN HURT FOREVERI
'Brain Injury Can Hud Forever', a phrase that is becoming synonymous with the month
of June as it becomes Brain Injury Awareness Month.
It kills 11,000 Canadians each year. It is the leading cause of death and disability for
Canadians under the age of 45. It puts NHL hockey players out of business. It derails
academic and employment careers. It destroys personalities and can sever marriage
ties. It can frequently rob people of memory, sleep, and the taste of wonderful food. It
creates fatigue and can damage the ability to cope with everyday tasks and to relate
appropriately to other people (even family members). It can cause headaches, chronic
pain and even problems speaking. It costs one billion dollars annually in Ontario.
Traumas from motor vehicle collisions are estimated at 54% for individuals under the
age of 20.90% of all motor vehicle collisions are predictable and preventable.
BRAIN INJURY CAN BE PREVENTED!
Precautions such as the proper use of seatbelts, child car seats, correctly-fitting bicycle
helmets and the avoidance of alcohol use while operating motor vehicles can go a long
way towards prevention of brain injury. So can the proper treatment of athletes who have
suffered concussions. It takes very little effort and expense to exercise caution. The
consequences of brain injury, by no comparison, are very costly, both in human and
financial terms. No one can afford not to take care of the brain, the one organ in the
body that controls all other organs and the very essence of who we are as humans.
ABI INFO
Information about Acquired Brain Injury
ESTIMATED INCIDENCE OF TRAUMATIC BRAIN INJURY IN
NIAGARA (Region)
Total Population
426,350*
Total # of Brain Injuries 1,152
# Seeking Medical Attention 1,024
Total Mild 850
Total Moderate 86
Died in Hospital 6
Total Severe 88
Died in Hospital 51
Total Dead on Arrival '128
Total Died in Hospital 57
ESTIMATED INCIDENCE OF TRAUMATIC BRAIN INJURY IN
ONTARIO
Total Population
11,816,100'
Total # of Brain Injuries 18,518
# Seeking Medical Attention 14,973
Total Mild 12,046
Total Moderate 1,317
Died in Hospital 92
Total Severe 1,610
Died in Hospital 934
Total Dead on Arrival 3,545
Total Died in Hospital 1,026
*Based on Statistics Canada 2001 Population Est,
niagara
falls
public May 7, 2004
library
His Worship Mayor Ted Salci
forty and Members of City Council
eight City of Niagara Falls, Ontario
forty
eight Members:
victoria Re: City Centennial Events at Library
avenue
n ia g ara The Niagara Falls Public Library has scheduled to date 47 special events to celebrate
falls the City's Centennial throughout the year. They are listed on both the Library's
ontario (www.nfpl.librar~.on.ca) and City's websites. Here are some of the events during the
L2E 4C5 next three months.
Tel.: 905/356-8080
Fax: 905/356-7004 During May there is a colourful exhibition by the Rainbow Country Quilters and a
display of local businesses. On May 27 at 7:30pm City Historian Sherman Zavitz looks
back, through stories and pictures, at some of the personalities and events that have
shaped the City of Niagara Falls over the past 100 years.
Displays in June feature the Niagara Peninsula Branch of the Ontario Genealogical
Society and "Hand-Blown Glass" by John Adams. Join us on June 9 at 7pm for a
screening of the video "Niagara Falls: Raging Rapids" and learn how scientists are
using the latest technology to probe the mysteries of the Falls and the Niagara Gorge.
Dr. Keith Tinkler, Professor of Earth Sciences at Brock University, is a featured
scientist in the video and joins us as guest speaker for the evening. On June 10 at
7:00pm, the Niagara Peninsula Branch of the Ontario Genealogical Society and the
Library invite everyone to a talk by Sherman Zavitz on "Early settlers of Niagara Falls"
Displays in July include Queen Victoria Park photographs from July 1904 from the
collection of the Niagara Parks Commission, an exhibition of Local History Prints in
the Rosberg Gallery and a display of"Famous Residents" in the Oakes Room.
"Happy Hundred Niagara Falls" is the theme of this summer's program for children 3
years & older to help maintain and improve their reading skills. Our reading cake will
be decorated with ten layers of history.
Our Librmy is a major local agency dedicated to heritage conservation, understanding,
preservation, interpretation and promotion and has a rich Local History Collection of
print, audio visual and digital resources.
I request permission to address City Council on May 17, 2004 to assist with our
heritage endeavors.
Specifically, I wish to announce and briefly explain two events starting June 1't to
collect local photographs for the library to create a lasting "Snapshot of Niagara
Falls" and to invite the public to participate with our "Who? What? When? Historic
Photo Contest".
Sincerely,
Joe Longo PLANb!)NG ...-
Chief Librarian
'
Help us create a lasting
Snapshot of Niagara Falls
during the City's 100th
anniversary year
On June 1 5th (or as close to that date as
possible) take a picture of your home, school,
place of worship, business, or street.
People (including group shots) in the photo are
encouraged.
Send the pictures to the Library by mail (4848 Victoria Ave, Niagara Falls,
L2E 4C5), e-mail (nfpl@niagarafalls.library.on.ca), or bring them in to any
branch of the library either on disk or the actual photograph.
Please include--the address, the photographer's name, the names of
any people in the photograph, the date the photograph was taken, and
any other information about the photo.
We will use at least one photo to show each property, however, not all
photos will be used. Those selected will be placed on the library website
at www.nfpl.library, on.ca and will be able to be viewed from any computer
around the world.
A small token of our appreciation will be given to
participants while supplies last. ~
All photographs become property of the
Niagara Falls Public Library and will be added to its
Collections. Photos will not be returned.
t4 .A&ARA FALLS PUBL.TC
"WHO? WHAT? WHERE:? HISTORIC PHOTO CONTEST"
How many of the 19 historic photographs on display at all 3 branches of the Niagara Falls
Public Library and posted on our website can you identify?
Begins dune 1~t at 9 am
and
Contest closes on Friday duly 2 at 5:30 p.m.
Send your answers to dan Leak:
Victoria Avenue Library
4848 Victoria Avenue
Niagara Falls ON L2E 4C5
By fax 905-356-7004, or by email jmlesk@niagarafalls.library.on.ca
The first winning entry selected will receive a copy of the new book "Images of a Century:
the City of Niagara Falls, Canada 1904-2004"
1. 11.
2. 12.
3. 13.
4. 14.
5. 15.
6. 16.
7. 17.
8. 18.
9. 19.
10.
DO YOU HAVE ANY LOCAL PRINT OR AUDIO VISUAL MATERIALS? contact
the Local History Department at Victoria Avenue Library (905-356-8080) if you have
something the library might scan or have added to our Collection.
VISIT THE LIBRARY'S WEBSITE at www.nfpl.library.on.ca
to view the "Historic Niagara Digital Collections" which includes a Local Newspaper Index
(1908 to present), an Image database, Library Catalogue of all Local History Collection
materials, databases, special collections, the Virtual Sports Wall of Fame, ... much more.
Submitted by: Name
Full address
Telephone Email
IMAGES DATABASE
This database contakns tliousands of images 0fthe Niagara area that have been digitized, as
well as an index Co about 3600 images in the Library's collections that have not been digitized.
These include postcards, pl~otographs, stereographs, glass negatives, and images fi.om rare
books. In addition, photographs from private collections with unique Niagara connections may
be scamped hto this database m~d the photographs returned to the individual who owns them.
As xvitli the other databases a simple search under a name, place or event can be done, as well
as more advanced searches under subject categories, or you may restrict your search to only
material xvith digital content.
NAME FINDING AID
The Name Finding Aid will search our database of names that have been cross-referenced with
names of similar spellings. The search also converts your search criteria to its Soundex
~ equivalent, and looks for matches based on names that sound the same. If you are having
3' problems finding a particular name, the Name Finding Aid might help by pointing you to a
~. sinfilar spelling that you can then use to search the database(s).
In addition, if more than one name exists for a place it, will be cross referenced. For example, if
information on Iris Island is needed the Name Finding Aid will direct you to Goat Island, its
more common name. HISTORIC NIAGARA
weus E DIGITAL COLLECTIONS
Our wehsite (v, wx'wnt}Jl !ibl'arv onca~ has the Library Catalogue where you can search the NiagaraFalls PublicLibrary
entire library collection or only the Local History Collection. The website's "Databases &
Special Collections" section lists numerous local history and genealogical materials available at
our library, www.nfpl.library.on.c a
Local History Department
Niagara Falls Public Library
4848 Victoria Avenue
Niagara Fails, Ont. L2E 4C5
Telephone: 905-356-8080 Fax: 905-356-7004 E-Mail: askus(&,,niagarafalls.librarv on ca
On fi-ont cover: The Honourable Miss Judy LaMarsh and Sir Harry Oakes
In order to make its collections more easily accessible to researchers, gertealogists, historians, NEWSPAPER INDEX
and the general pubfic, the Niagara Falls Public Library has been digitizing its collections.
This database currently indexes birth, death, marriage, and anniversary notices, and Niagara
The digitization project bas been divided into four parts: Falls related news articles that have appeared in the Daily Record, the Evening Review, and
an index to articles in the local newspapers the Review since 1908. There are large gaps in the indexing - most notably the late 1930% and
an Lndex to books in the library's local history collections 1940's, the 1960's and the 1970's. A complete listing of years indexed is available in the
an image collection - some scarmed photographs and some photographs that are description of the database accessed from the main page. Library staff are committed to
indexed but not yet scanned indexing the remaining years as time permits.
a name finding aid
Years that were indexed early in the project have less intbrmation in each record due to space
ACCESSING THE DIGITAL COLLECTIONS restrictions in each article - later articles allow for more complete details. Simple searches can
be conducted fi.om the main page, but mom advanced searches can be completed by going to
the "Advanced Searcll" section. Here it can be limited by year, by type of article, and specific
From the library llomepage at www.nfpl library.on ca click on "Niagara Historic Digital subjects can be searched. For example - if you are looking for your family history and want al~
Collections" on the lefi.-hand side of the page. This will take you to the welcome screen, records with the name "Smith" a simple search can be conducted. If you axe looking for
articles on the area wineries you would select the subject heading "Wineries" fi.om the drop-
At this point you can either move straight into the searches, or you can click on the name of down list in the advanced search section.
any of the four pm'ts of the database to find out more about them.
SEARCH TYPES LOCAL HISTORY REFERENCES DATABASE
The Local History References Database contains an index of names, places and events of local
There are tIu'ee types of searches that can be performed: interest extracted from books, jomnals, clipping files, scrapbooks, audio/visual materials,
correspondence and microforms. In addition, a number of cemetery, census, birth, death,
~'Simple Search. Al/Databases" - used for searching the same term in ali of the marriage and church record indexes are indexed by name in this database. Digital content,
databases - ex. If you want to see all records in all the databases contakdng the word consisting of scanned documents and related resources, may be available for selected items --
'wbklpool' in the title you would search tltis, look for the "Digital Content" link in your result list.
"Simple Search, Select Database" - as above, but used for searctfing each database
individually This database can also be searched using either a simple search to get all records with a
"Advanced Search, Select Database" - used for more in-depth research in' individual particular word in the main heading, or a keyword search to find words that are anywhere in
databases - for example, to find photographs taken by Ernest Fox you would select the the record.
Image Database, and type 'E~aest' in the first keyword box and 'Fox' in the second
box. This can also be used to search under subject heading - choosing the "Stunts and Note that this is still in a development phase - many more records are available in card files.
Stnnters" subject heading will bring all of the records up. These searches cannot be Please ask a librarian on duty for assistance with these references.
done fi.om the simpIe search fields.
DIGITAL COLLECTIONS
The library is increasing its digital content tremendously. See the LOCAL HISTORY
brochure Historic Niagara Digital Collections for a full description
including the local newspaper index and image database.
ACCESSING THE COLLECTION
Our website (~www.nfpl.library.on.ca)has the Library Catalogue where AT THE
you can search the entire library collection or only the Local History
Collection. The section "Databases & Special Collections" lists numerous
local history and genealogical materials available at the Library. NIAOARA FALLS
Local History materials may be used in the library at any time that the
library is open. However, the Local History Librarian is not always
available. I' there is in-depth research you are encouraged ,o call ahead PUBLIC LIBRARY
and discuss the material that you need with Staff. Material may then be
set aside for your use. As staff is limited on Sunday afternoons
(November - April) please call ahead to have material put aside for you.
If requesting the use of audio-visual material you must call ahead and
make sure that the appropriate equipment is available and that a space
can be found for you.
Questions about the local hi~tory of Niagara Falls and the Niagara area
can be answered in person, by phone, fax, or e-mail by any of our helpful
Reference Department staff. More complex questions will be referred to
our Local History Librarian for research.
Local History Department
Niagara Falls Public Library
4848 Victoda Avenue
nfpl library
Niagara Falls, Ontario L2E 4C5 WVCV~7* .
905_356_8080 (telephone) 905-356-7004 (fax machine)
Iocalhistory@niagarafalls.ribrary.on.ca
www.nfpl.library.on.ca
BACKGROUND PHOTOGRAPHS, MAPS, ART, POSTCARDS
In December 1678 Father Louis Hennepin became the first European to The library has thousands of photographs, photographic negatives,
visit Niagara Fails. His diaries published a few years later became the postcards, maps, paintings and sketches in its collections. The Niagara
first written description of the Falls, and included the first sketch of the Falls Heritage Foundation acquired copies of images of Niagara from
Falls. S nce that time, there has been a wealth of information about the around the world in the 1970s and 1980s, all of which came to the library
Falls in ali formats when it was disbanded. Many donations of photographs, including the
acquisition of 225,000 negatives from a local photographer have further
Since 1878 the Library, initialIy the Town of Clifton Mechanics' Institute strengthened the collection. These images are often used in books,
and later as the Niagara Falls Public Library, has been collecting books, movies, and television productions about the Falls. Reproductions can be
documents, photographs, microfilm, videotapes, sound recordings and made from those images that the Library has copyright control over.
ephemeral material to help preserve the rich heritage of this area. This
brochure was designed to highlight some of the material in the Library's AUDIO-VISUAL MATERIAL
collections.
The Library has a collection of audio-visual material including 35mm film,
BOOKS VHS videorecordings, 33 rpm records, compact discs, cassette tapes,
and multi-format materials. The subject matter on these materials
From copies of Hennepin's diaries to the latest book on Niagara stunters includes oral histories with Iongtime residents, recordings of local musical
to the latest City Budget the Library is one of the primary resources for groups, historical and artistic footage Of Niagara and its residents, and
books on Niagara Falls and the Niagara area. Thousands of books are general information about the Falls. This material does not leave the
housed in the beautifully appointed replication of an early 19th century library. Special arrangements can be made with library staff to view these
home in The Cakes Room; thousands more are housed in its offshoot - materials.
The Acorn Room. Many of the books in these rooms are scarce and
cannot be replaced, so they are kept in locked cabinets for their security. EPHEMERA
All are catalogued Jn the L'brary's Online Public Access Cata ogue
(OPAC). Reference staff will retrieve the items that you need for use in' Over the Course of time the Library has collected a range of ephemeral
the library.
material about Niagara. These include pamphlets, brochures, games,
scrapbooks, newspaper and magazine clippings, advertising leaflets,
MICROFILM correspondence, and commemorative programmes. As with all local
history material, the ephemeral material must be used in the Library.
The Library has hundreds of microfilm that include church records,
census records, newspapers, theses, travellers' accounts of Niagara,
indexes to birth, death, and marriage records, immigration records and a
myriad of other items that have been microfilmed for preservation and
dissemination purposes. Microfilms can be used on the microfilm readers
at the Victoria Avenue Library, and copies can be made from them.
City of Niagara Falls
Arena Facilities Feasibility Study
Summary Report
Prepared by:
LeisurePlan International Inc.
City of Niagara Falls
Arena Facilities Feasibility Study
Summary Report
May 2004
LeisurePlan International Inc.
Architectural Consultant:
WGA Wong Gregersen Architects Inc.
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION 1
1.1 Background to the Feasibility Study 1
1.2 The Study Process 1
1.3 The Final Report 2
2.0 PLANNING CONTEXT 3
3.0 CURRENT MUNICIPAL INDOOR ICE ARENA SERVICE PROVISION 4
3.1 Current Indoor Ice Arena Service Provision 4
3.2 Current Municipal Indoor Ice Facility Operational Parameters 4
3.3 Facility Use and Utilization 7
4.0 REVIEW OF MUNICIPAL INDOOR ARENA FACILITY PROVISION
IN NIAGARA REGION 9
5.0 ANALYSIS OF CURRENT AND FUTURE ICE SERVICE REQUIREMENTS 11
5.1 Ice Time Requirements 11
5.2 Accommodating Additional Ice Time Requirements 15
6.0 EVALUATION OF EXISTING MUNICIPAL INDOOR ARENA FACILITIES 16
7.0 FUTURE MUNICIPAL INDOOR ARENA FACILITY PROVISION OPTIONS 23
7.1 Goals and Objectives 23
7.2 Facility Concepts and Capital Costs 24
8.0 POTENTIAL SITE LOCATIONS FOR PROPOSED NEW MUNICIPAL TWIN
PAD ARENA 27
9.0 THE PREFERRED AND ALTERNATIVE INDOOR ARENA FACILITY
PROVISION STRATEGIES 30
10.0 BUSINESS PLAN 33
10.1 Organizational Structure and StatTmg 33
10.2 Facility Operational Plan 34
10.3 Projected Operational Revenues and Expenditures 34
10.4 Further Considerations 35
11.0 PROPOSED POLICIES - ICE TIME ALLOCATION AND SPECTATOR
CODE OF CONDUCT 36
11.1 Ice .Allocation Policy 36
11.2 Spectator Code of Conduct Policy 37
1.0 INTRODUCTION
1.1 Background to the Feasibility Study
The City of Niagara Falls retained LeisurePlan International Inc. to conduct an Arena
Facilities Feasibility Study in the spring of 2003. The purpose of the study was to:
· Review existing mtmicipal indoor arena facilities in the City
· Determine future indoor arena facility requirements
· Identify arena facility development/renovation/re-development options
· Develop a business plan to guide the future operation of municipal indoor ice
facilities
1.2 The Study Process
The study process involved three phases:
Phase 1: Data Collection and Analysis of Requirements
This phase focused on the identification and evaluation of the indoor ice time and
associated facility requirements of the community. This was achieved through an
assessment of the existing and projected future demographic profile of the City, a
review of local, provincial and national trends in arena related activity
participation, interviews with senior municipal staff and a survey of all existing
arena user groups.
This phase also included an examination of the regional provision of indoor ice
services and policies and procedures related to ice facilities in communities in
Southern Ontario.
Phase II: Development of Business Plan Strategies and Evaluation of Facility
Development Options
This phase focused on the development and evaluation of facility
development/renovation/re-development options, and the preparation of a
business plan to guide the future operation of municipal indoor ice facilities.
Phase II included an assessment of the physical condition and the implications of
the continued operation of the existing municipal arenas during the next ten years.
Phase III: Refinements to Business Plan Strategy and Preferred Facility
Development/Redevelopment/Renovation Option
This phase focused on the selection and refinement of the preferred future facility
development/redevelopment/renovation strategy and the assessment of capital
and operating cost implications for the preferred strategy. At the request of the
Municipality, an alternative strategy was also provided.
A workshop was conducted with arena user groups to present and review the
strategies and obtain their response to the proposed strategies.
2
2.0 THE PLANNING CONTEXT
~' The following factors were assessed to determine their implication to the future
planning and delivery of municipal indoor arena facilities:
· Profile of the City's population
· Population projections
· Trends in arena related activity participation
· Previous studies, plans and reports
~ The following summarizes the relevant findings of this assessment.
· The nature of future demand for arena related programs and activities may be
influenced by changes occurring in the City's population and trends in arena
related activity participation:
- The total population of the City is projected to increase in the order of 1% per
year to the year 2026 (19,069 additional residents in the next twenty-five
years), which may result in a general increase in demand for arena related
services.
- The number and proportion of children in the 0-9 year age group in Niagara
Falls is decreasing and the proportion of youth and teens in the 10-19 year age
groups is increasing. This may result in decreasing demand for arena related
activities among children, balanced by increasing demand among youth and
teens.
- The older adult population segment (40-64 years of age) ir~ Niagara Falls may
become a more important market segment for arena related activities in the
future as their numbers increase (which may result in additional demand) and
their participation levels increase.
- Provincial and national trends indicate that participation in traditional ice
related activities might decrease or remain stable in the future in Ontario;
however participation among older age groups and females in hockey
specifically may increase. The results of a survey of arena user groups in
Niagara Falls suggested that the City may be experiencing participation trends
similar to those in the Province and nationally.
3
3.0 CURRENT MUNICIPAL INDOOR ARENA SERVICE PROVISION
The following presents a summary profile of the current provision of municipal indoor
arenas in Niagara Falls.
3.1 Current Indoor Ice Arena Service Provision
The City of Niagara Falls currently owns and operates 4 indoor arena facilities comprised
of 2 separate, single indoor ice pad facilities and 1 twin pad facility:
· Niagara Falls Memorial Arena
· Chippawa Willoughby Memorial Arena
· Stamford Memorial Arena and Jack Bell Arena (twin pad facility)
The municipal indoor ice facilities have been in existence for a considerable length of
time. Niagara Falls Memorial Arena and Stamford Memorial Arena were constructed in
the 1950's and the Jack Bell and Chippawa Willoughby Memorial Arenas were
constructed in 1973/74. It is generally accepted practice that facilities of this type have a
thirty-year life span.
3.2 Current Municipal Indoor Ice Facility Operational Parameters
Operating Season
There are two general operational "seasons" associated with the municipal indoor arena
facilities. These seasons are distinguished by whether there is ice provided in the facility,
hence the terms "ice-in" and "ice-out".
The operational "seasons" in each municipal indoor ice facility vary from a 7.5 month
ice-in season at Chippawa Willoughby Memorial Arena to a 10 month ice-in season at
Stamford Arena.
Operating Hours
The operational hours of the municipal indoor ice facilities are standardized during the
"ice-in" season. The arenas are operated based on a 19-hour day, from 6:00 a.m. to 1:00
a.m., seven days a week. There is a total of 532 hours of municipal ice time provided
each week, 133 hours at each arena.
During the season when the ice is in the facility, arena time is categorized as being either
"Prime Time" or "Non-Prime Time".
"Prime time" is typically defined as that time period when the majority of potential
participants (or users) participate in programs and activities. The Municipality has
established prime time at the municipal arenas as:
· 5:00p.m. to ll:00p.m. Monday to Friday
· 6:00 a.m. to 1:00 a.m. Saturday and Sunday
There are 68 hours of prime time ice provided per week at each municipal arena or 272
hours per week in total. This represents approximately half (51.1%) of all the ice time
provided each week at the municipal arena facilities.
"Non-prime time" is typically defined as the operating hours of the arena exclusive of
prime time. The Municipality has established non-prime time at the municipal arena
facilities as:
· 7:00 a.m. to 5:00 p.m. and 11:00 p.m. to 1:00 a.m. Monday to Friday
There are 65 hours of non-prime time ice provided per week at each municipal arena or
260 hours per week in total. This represents just less than half (48.9%) of all the ice time
provided each week at the municipal arena facilities.
Ice is provided in Stamford Memorial Arena during the summer (June to August). The
arena operates based on a 19-hour day, from 6:00 a.m. to 1:00 a.m., seven days a week.
There is a total of 133 hours of municipal ice time provided each week at this arena
during the summer. All operating hours during the ice-in period in the summer are
designated as prime time. There are 133 hours of prime time ice provided per week at
Stamford Memorial Arena during the summer.
The arena floors at Niagara Falls Memorial, Jack Bell and Chippawa are available for use
upon request during the ice-out season.
Operational Model
During the "ice-in" season the indoor arenas are operated by a staff complement of full
time and part time employees as follows:
· 2 Facility Supervisors (full time)
· 12 Operators (full time)
· 2 Arena Attendants (full time)
· 3 Lead Hands (full time)
· 1 Box Office Administrator (full time)
· 1 Secretary of Recreation Facilities (full time)
· 1 Arena Clerk/Cashier (full time)
· 1 Facility and Equipment Maintenance (full time)
· A number of"temporary" staff (part time)
The Operators, Arena Attendents, Lead Hands and weekend temporary staff are allocated
among the arenas as required.
Skilled trades services are contracted with private sector firms.
During the "ice-out" season the indoor arenas are operated by a reduced staff
complement of full time and part time employees as follows:
2 Facility Supervisors (full time)
· Approximately 40perators/Attendents/Lead Hands at Niagara Falls Memorial
(full time)
· 40perators/Attendents/Lead Hands at Jack Bell/Stamford (full time)
· 10perator/AttendentfLead Hand at Chippawa Willoughby Memorial (full time)
· 1 Box Office Administrator (full time)
· 1 Secretary of Recreation Facilities (full time)
· 1 Arena Clerk/Cashier (full time)
· 1 Facility and Equipment Maintenance (full time)
Eight Operators/Attendents/Lead Hands are re-allocated from the arenas to the operation
of outdoor pools.
Financial Performance
Fees for the use of the municipal indoor ice facilities are standardized and applied to each
facility. The municipal arena user fees, as of May 2003 are identified below; they are
based on the type of user group and use.
Facility User Fees
Operational Season User Group Fee
(per hour, GST
included)
Ice-In (Fall/Winter/Spring):
Prime time ice Adults $154.91
Youth $96.35
Non-residents $185.99
Non-prime time ice Adults $100.91
Youth $63.35
Ice-In (Summer):
Prime time ice I All users I $154.91
Ice-Out:
Floor rental / Adults $48.37
Youth $46.07
Non-residents $57.94
Rental rates for special events during the "ice-in" season (such as hockey tournaments)
are based on the type of user group and the municipal user fee structure (e.g. minor
hockey tournaments pay the youth user fee).
6
The operation of the four existing arena facilities resulted in a net cost to the Municipality
in the order of $814,490 in 2002. The net cost associated with each arena in 2002 varied
from $143,970 for Chippawa Willoughby Memorial Arena to $473,250 for Niagara Falls
Memorial Arena.
Total expenditures associated with the operation of the arenas have increased 13% from
$1,737,508.03 in 1998 to $1,966,153.44 in 2002. Total expenditures in 2002 were
comprised of the following budget items:
· Salaries, wages and related expenditures (46%)
· Equipment, supplies, etc. (30%)
· Utilities (24%)
The respective proportion of each expenditure item has generally stayed the same over
the past five years.
Total revenues have increased 17% from $987,804.18 in 1998 to $1,151,663.07 in 2002.
Revenue sources include:
· Ice rentals (97.1%)
· Jr. B receipts, advertising receipts (0.8%)
· Special events (0.6%)
· "Sundry" revenues (0.6%)
· Public skating (0.4%)
· Concessions (0.4%)
3.3 Facility Use and Utilization
The municipal arenas in Niagara Falls accommodate a variety of activities including
hockey, ringette, figure skating, public skating, tournaments and various non-ice related
special events. There are minor variations in the types of activities that each arena facility
accommodates. The arenas are also used periodically for special events during the ice out
season.
There are currently 258.75 hours of prime time ice provided in the City per week (10,865
hours per ice in season) and 140.25 hours of non-prime time per week (3,770 hours per
ice in season).
In total (combining all four arena facilities) approximately 95% of all prime time ice and
almost 54% of all non-prime time ice is currently utilized. The majority of prime time
that is not currently used occurs after 11:00 p.m. when the majority of residents cannot
participate. Therefore, it is concluded that the arenas are effectively utilized 100% during
prime time and cannot accommodate additional demand.
7
Minor hockey uses the largest proportion of prime time ice (44.5%). Private rentals (i.e.
adult recreational hockey) use the second largest proportion of prime time ice (22.6°/'o).
Schools and private rentals represent the largest use of non-prime time ice (25.3%).
Thirty tournaments and other special events use arenas in Niagara Falls each year during
the "ice-in" season, and utilize in the order of 1,653 hours of prime time ice and 470
hours of non-prime time ice each year. This represents 16.4% of the total annual
provision of prime time ice and 4.9% of the total annual provision of non-prime time ice
in the four municipal arenas.
Tournaments utilize a significant proportion of weekends in the arenas during the ice-in
season. The number of weekends utilized for tournaments in each arena includes:
· Niagara Falls Memorial arena 13 weekends (35.1% of weekends)
· Chippawa Willoughby arena 10 weekends (32.2% of weekends)
· Stamford arena 11 weekends (23.9% of weekends)
· Jack Bell arena I 1 weekends (32.4% of weekends)
8
4.0 REVIEW OF MUNICIPAL INDOOR ARENA FACILITY PROVISION IN
NIAGARA REGION
There are 26 municipal indoor ice pads in Niagara Region, including the four in Niagara
Falls. A review of the provision of municipal indoor arena facilities in the communities
surrounding Niagara Falls (and within Niagara Region) was undertaken to identify if the
operational approach in Niagara Falls varied from other communities, and to identify any
significant trends or developments which may impact upon the future provision of
rntmicipal indoor ice pads in the City.
The review determined that the provision of municipal arena facilities in Niagara Falls is
similar to other arena facilities in Niagara Region with respect to:
· Age of arena facilities
· Operating season
· Utilization of prime time ice and non prime time ice
· Provision of meeting rooms for community use
· Provision of storage space for community groups
· Provision of space for Junior B/C Hockey Teams
· Staffing
The review also identified that specific aspects of arena related service provision in
Niagara Falls differ from the other municipal municipalities surveyed with regard to:
· Prime time designations - Prime time designations in Niagara Falls begin later
during the week (5:00 p.m. versus 4:00 p.m.) and end earlier during the week
(I 1:00 p.m. versus midnight).
· ~4dult prime time ice rental rates - Niagara Falls' rental rates for adult prime time
ice are the second highest in the Region.
· ~4dult non prime time ice rental rates - Niagara Falls' rental rates for adult non
prime time ice are slightly higher than the average for the Region.
· Youth prime time ice rental rates - Niagara Falls' rental rates for youth prime
time ice are slightly higher than the average in the Region.
· Youth non prime time ice rental rates - Niagara Falls' rental rates for youth non
prime time ice are slightly lower than the average in the Region.
· Non-resident ice rental rates - Niagara Falls' rental rates for non-residents are the
highest in the Region.
· Junior B/C ice rental rates - Niagara Falls' rental rates for Junior B/C hockey
clubs are the second lowest in the Region.
· Press box size - The size of the press boxes in Niagara Falls arenas are among the
largest.
· Food and Beverage operation - Niagara Falls is one of only four communities in
the Region where the Municipality operates food and beverage services in the
arenas.
· Skate sharpening and pro shops - Niagara Falls is one of only four communities
in the Region that does not provide skate sharpening or pro shop services in its
arenas.
· Number of tournaments - Niagara Falls accommodates the largest number of
tournaments and special events in its arenas compared to all other municipalities
in the Region.
10
5.0 ANALYSIS OF CURRENT AND FUTURE ICE SERVICE
REQUIREMENTS
5.1 Ice Time Requirements
The analysis of the ice time requirements of community arena user groups was conducted
on the basis of three time periods:
· Current requirements (2002/03)
· Short term future requirements (2003/04 to 2007/08)
· Long term future requirements (2008/09 to 2013/14)
A survey of all arena user groups in the City (161) was conducted in the spring of 2003.
All major ice user groups and many recreational adult hockey groups responded (57 out
of 161 groups responded). The survey identified groups' opinions as to the additional
amount of ice time they require as well as their opinions regarding user fees, ice
allocation, and potential locations for new arena facilities.
Demand for additional ice time was identified by each of the minor groups, by the
women's hockey group and by some adult recreational hockey groups.
The analysis of groups' identified demand was based on an examination of:
· groups' current enrolment (participants and teams if applicable) in ice related
programs and activities
· trends in enrolment in programs and activities over the past 5 years
· the existing capacity of programs and activities and the ability to accommodate
additional eurolment in existing programs and activities
· waiting lists for programs and activities
· the current allocation of ice time to each user group including time of day, day of
week, season and distribution among the existing arenas
· use of arenas outside of Niagara Falls
· current utilization of arena facilities in Niagara Falls
· demographic trends
· trends in arena related activity participation
Other considerations that were taken into account in the analysis of ice time requirements
were the potential impact of a lack of prime time ice in the past few years, and the
potential impact of a new facility may have on demand. Many groups reported that the
number of participants and/or teams in their programs has not increased in the past five
years due to a lack of additional ice time, which meant that they could not accommodate
additional participants. Also, some groups do not keep records of waiting lists as there
was no way in which they could accommodate additional participants.
11
The following summarizes the additional ice time requirements that cannot be
accommodated in the existing municipal arenas. The majority of additional ice time is
required by the organizations serving children and youth.
Current Requirements (2002/03)
The analysis concluded that there are additional current requirements in the order of at
least 60.75 hours per week of prime time ice in the Fall/Winter portion of the ice season
consisting of:
24.75 prime time hours per week for games and other basic ice related programs
· 35.0 prime time hours per week for hockey practices
· 1.0 prime time hour per week for a hockey school
· 8.0 prime time hours (i.e. one 8 hour day) on a periodic basis for skills
development clinics.
· 1.0 prime time hour per week for a school hockey team
The analysis concluded that there are additional current requirements in the order of at
least 62.75 hours per week of prime time ice in the Winter/Spring portion of the ice
season consisting of:
· 27.75 prime time hours per week for games and other basic ice related programs
· 35.0 prime time hours per week for practices
· 8.0 prime time hours (i.e. one 8 hour day) on a periodic basis for skills
development clinics
· 6 weekend tournaments (i.e. Friday afternoon and evening, and all day Saturday
and Sunday).
It was also determined that there is an additional current requirement for 5.0 prime time
hours of ice per week in the summer for a hockey "school".
The analysis concluded that there is no additional current requirement for non-prime time
ice.
The analysis identified that there may be gaps in the current level of provision of indoor
recreational skating opportunities for residents in Niagara Falls; a potential lack of
sufficient opportunities to participate in adult skating, seniors (65 years of age and older)
skating and public skating. If additional opportunities for "adults", "seniors", and the
"public" are provided in the future, additional ice time would be required each week for
recreational skating.
12
Short Term Future Ice Time Requirements, 2003/04 to 2007/08
The analysis concluded that there are short term future (2003/04 to 2007/08) additional
requirements in the order of at least 44.0 prime time hours (not including tournaments)
and 3.5 non-prime time hours of ice in the Fall/Winter portion of the ice season consisting
off
· 30.0 prime time hours per week for games and other basic ice related programs
· 12.0 prime time hours per week for practices
· 2.0 prime time hours per week for a hockey "school"
· 32.0prime time hours for only one week for a tournament.
· 3.5 non-prime time hours per week for games and other ice related programs
The analysis concluded that there are short term future (2003/04 to 2007/08) additional
requirements in the order of at least 47.0 prime time hours of ice in the Winter/Spring
portion of the ice season consisting of:
· 30.0 prime time hours per week for games and other basic ice related programs
· 12.0 prime time hours per week for practices
· 3.0 to 5.0 prime time hours per week for on-going "3 on 3" tournaments
· at least 2.0 prime time hours per week for a hockey "school" during the summer
It was also concluded that there is a short term future additional requirement for 6.0
prime time hours per week in the summer for a hockey "school".
The analysis concluded that there is a short term future additional requirement for 3.5
non-prime time hours of ice time.
Long Term Future Ice Requirements, 2008/09 to 2013/14
The analysis concluded that there are long term future (2008/09 to 2013/14) additional
requirements in the order of at least 19.0 prime time hours in the Fall/Winter and
Winter/Spring portions of the ice season consisting of:
· 9.5 prime time hours per week for games and other basic ice related programs
· 9.5 prime time hours per week for practices.
It was also concluded that there are long term future (2008/09 to 2013/14) additional
requirements in the order of a total of 2.0 prime time hours in the Summer consisting off
· 1. Oprime time hour per week for games
· 1.Oprime time hour per week for practices
The analysis concluded that there is no additional long term future requirement for non-
prime time ice.
13
The following summarizes the additional ice time requirements identified through the
analysis.
Additional lee Time Requirements - Fall/Winter
Time Frame Additional Ice
Requirements Per Week
(hours)
Prime Time Non-Prime Time
Current 60.75 none
Short Term Future 44.0 3.5
(2003/04 to 2007/08)
Long Term Future 19.0 none
(2008/09 to 2013/14)
Additional Ice Time Requirements - Winter/Sorino
Time Frame Additional Ice
Requirements Per Week
(hours)
Prime Time Non-Prime Time
Current 62.75 none
Short Term Future 47.0 3.5
(2003/04 to 2007/08)
Long Term Future 19.0 none
(2008/09 to 2013/14)
Additional Ice Time Requirements - Summer
Time Frame Additional Ice
Requirements Per Week
(hours)
Prime Time
Current 5.0
Short Term Future 6.0
(2003/04 to 2007/08)
Long Term Future 2.0
(2008/09 to 2013/14)
14
5.2 Accommodating Additional Ice Time Requirements
Existing municipal arenas in the City are effectively utilized 100% and cannot
accommodate the identified additional ice time requirements.
Two additional indoor icc pads arc required to accommodate thc current, short and long
term future indoor ice time requirements as follows:
,, 1 additional indoor icc pad by the 2005/06 ice-in season to accommodate thc
current indoor ice time requirements
· 1 additional indoor ice pad by the 2010/11 ice-in season to accommodate the short
and long term future indoor ice time requirements
15
6.0 EVALUATION OF EXISTING MUNICIPAL INDOOR ARENA
FACILITIES
The existing municipal indoor arena facilities were evaluated to determine the
implications of continuing their operation for the next ten years.
Members of the consulting team conducted a review and assessment of each of the
existing municipal indoor arena facilities. A variety of issues, opportunities and
constraints were identified in terms of the existing condition and level of service
provision at each arena. Existing reports and documentation concerning the physical
condition of the municipal indoor arena facilities were also reviewed. Municipal staff
representatives were also consulted and identified specific concerns and issues associated
with the existing facilities. User groups also provided comments conceruing issues
associated with the municipal indoor arena facilities that they currently use.
The following summarizes the findings and conclusions of the assessment.
Niagara Falls Memorial Arena
Issues
· There are conditions in the facility that pose a risk to user safety (i.e. the main
arena space is not sprinklered, the ice-resurfacer room is not separated by a 1 hour
separation from the arena space, and the corridor leading to the change rooms is
narrow and does not provide the required exiting for the seating areas, change
rooms and service spaces).
· There are an insufficient number of dressing/change rooms and the physical
condition and appearance of the dressing/change rooms is substandard.
· There are an insufficient number of public washrooms. Some existing washrooms
are substandard.
· The existing heating system is inefficient.
· There are issues associated with the physical condition of the roof and exterior
walls.
· The ice pad is undersized relative to current standards.
· The low clearance/height of the service access door restricts the passage of trucks
and trailers. This results in operational inefficiencies.
· The Municipal offices and administration areas in the building are visually
isolated from the public.
· The multi-purpose meeting room is visually disconnected from the ice pad. This
situation reduces its use for potential revenue generating activities associated with
ice activities.
· Site size and building location inhibit the potential development of a second ice
pad on the site.
· The amount of parking space provided is insufficient. The surface of the existing
parking lot is in poor condition. Vehicular access to the parking areas and
circulation within the parking areas are poorly defined.
16
* The visual appearance of the site and the exterior of the building are unattractive
and not complementary to the surrounding neighbourhood's context.
· The size and configuration of the property and the surrounding site context at
Niagara Falls Memorial Arena restricts the range of possible options for physical
expansion of this facility.
Findings
This facility requires significant capital expenditure to maintain it in a minimal state of
repair. The structural system will require on going inspection throughout the entire life
span of the building. The facility is minimal in its functional program areas and
constrained by the existing structure and site to allow significant expansion capability.
The following identifies a series of improvements and associated cost estimates required
to upgrade the arena to maintain operations and to provide selected life safety
requirements such as sprinklers and fire ratings between the arena and service spaces.
Requirements for Basic Operation: HIGH PRIORITY
1. Additional Male/Female Public Washrooms $200,000
2. Separation of Ice Resurfacer (OH Door) $ 25,000
3. Sprinklering of Arena $150,000
4. Roof Repairs $275,000
Sub- Total $650,000
Contingencies/Soft Costs (20%) $130,000
Total $780,000
Required Improvements: LOW/MEDIUM PRIORITY
1. Additional Change Rooms (4) $350,000
2. Change Room Upgrades $ 50,000
3. New Sports Flooring $ 25,000
4. New Sound System $ 30,000
5. New Score Clock $100,000
6. Exterior Finishes $ 80,000
7. Parking Lot Paving/Lighting $275,000
8. Replacement Mechanical System $2,000,000
Sub-Total $2,910,000
Contingencies/Soft Costs (20%) $ 582,000
Total $3,492,000~
~ All costs are expressed in 20035 and do not include escalation allowance for cost variation over time. An
allowance for cost escalation in the order of 3% to 5% per year would be advisable.
17
Conclusions
It is concluded that the preferred strategy with respect to the Niagara Falls Memorial
Arena is to:
· Replace the existing Niagara Falls Memorial Arena facility with a new facility.
The new facility should be planned and designed to be the premier municipal
spectator arena and be part ora multi-pad type of facility.
· Continue to operate the Niagara Falls Memorial Arena until the replacement arena
is operational. This will eliminate any disruption of service to existing ice and
non-ice users.
· Decommission and demolish the Niagara Falls Memorial Arena upon the opening
of the replacement facility.
It should be noted that the costs associated with the decommissioning and demolition
have not been considered as part of this analysis nor have the alternative uses and value
of the property.
Chippawa Willoughby Memorial Arena
Issues
· The ice pad is undersized relative to current standards.
· The arena roof requires re-finishing.
· There is no air conditioning in the facility.
· The facility is not sprinklered.
· There are an insufficient number of public washrooms.
· There are an insufficient number of dressing/change rooms. The physical
condition and appearance of the dressing/change rooms is substandard.
· The amount and type of spectator seating is a concern for users.
· The parking lot requires re-surfacing.
Findings
With the implementation of specific retrofit improvements, such as improved public and
participant facilities including additional men's and women's washrooms and larger
change rooms, the arena should be in a state of good repair for many years.
The functional layout of the facility, assuming the relocation of the ice-resurfacer area to
the back of the arena, combined with the size of the site, allow for the potential expansion
of the arena including the development of an additional ice pad.
18
The following identifies a series of improvements and associated cost estimates required
to upgrade the arena to maintain operations, improve accessibility and to provide selected
life safety requirements such as sprinklers.
Requirements for Basic Operation: HIGH PRIORITY
1. Additional Male/Female Public Washrooms $100,000
Sub- Total $100,000
Contingencies/Soft Costs (20%) $ 20,000
Total $120,000
Required Improvements: LOW/MEDIUM PRIORITY
1. Additional Change Rooms (4) $350,000
2. Change Room Upgrades (Showers/wc's/benches) $ 20,000
3. New Sports Flooring $ 20,000
4. Metal Roof Re-finishing $125,000
5. Parking Lot Paving $250,000
6. Sprinklering of Arena $100,000
7. Air Conditioning of Community Room/Lobby $ 25,000
8. General Upgrade Allowance $ 50,000
9. Exterior Entrance (Accessibility-Exterior Ramp) $10,000
Sub- Total $950,000
Contingencies/Soft Costs (20%) $190.000
Total $1,140,0002
Note: Thc above Change Room Upgrade cost is to combine the four small existing
change rooms into two larger change rooms.
Conclusions
The Chippawa Willoughby Memorial Arena facility should be retrofitted as noted to
allow for an improved user environment and amenity.
The size and configuration of the property and the existing site development has
significant potential for future expansion of the indoor facility. The condition of this
facility and the nature of the site make it suitable for expansion in the furore.
All costs are expressed in 20035 and do not include escalation allowance for cost variation over time.
An allowance for cost escalation in the order of 3% to 5% per year would be advisable.
19
Stamford Memorial Arena
Issues
· The ice pad is undersized relative to current standards.
· The roof structure will require constant inspection and maintenance.
· The location of the ice resurfacer poses a significant threat to public safety.
· The base to the ice surface is sand, which restricts the types of non-ice use of the
facility.
· There are an insufficient number of public washrooms.
· There are an insufficient number of dressing/change rooms provided.
· The location of the dressing/change rooms makes them inaccessible to the
disabled.
· The amount of parking provided is insufficient. The parking lot will require re-
surfacing in the future.
· Lobby entrance is not accessible.
· The size and configuration of the property and the nature of site development
restricts the range of possible options for physical expansion of this facility.
Findings
The structural system and ice plant will require continual inspection and expenditure on
an annual basis. The following identifies a series of improvements and associated cost
estimates required to upgrade the arena to maintain operations and to provide selected life
safety requirements such as sprinklers and a new ice resurfacer room.
Requirements for Basic Operation: HIGH PRIORITY
1. Additional Male/Female Public Washrooms $ 50,000
2. Lobby Accessibility Lift $ 75,000
3. New Ice Resurfacer Room $100,000
Sub- Total $225,000
Contingencies/Soft Costs (20%) $ 45,000
Total $270,000
Required Improvements: LOW/MEDIUM PRIORITY
1. Additional Change Rooms (4) $350,000
2. Change Room Renovations $ 20,000
3. New Sports Flooring $ 20,000
4. Sprinklering of Arena $100,000
5. Air Conditioning of Community Room/Lobby $ 25,000
6. General Upgrade Allowance $ 20,000
7. New concrete ice rink slab $200,000
Sub- Total $735,000
Contingencies/Soft Costs (20%) $147,000
Total $822,0003
All costs are expressed in 20035 and do not include escalation allowance for cost variation over time.
An allowance for cost escalation in the order of 3% to 5% per year would be advisable.
2O
Conclusions
The Municipality should undertake further research to plan for the eventual replacement
of Stamford Memorial Arena. (See also Conclusions - Jack Bell Arena.)
Jack Bell Arena
Issues
· The ice pad is undersized relative to current standards.
There are an insufficient number of public washrooms.
· There are an insufficient number of dressing/change rooms provided. The
dressing/change rooms are substandard.
· The amount of parking provided is insufficient. The parking lot will require re-
surfacing
· The main entrance is not accessible.
· There is a concern related to ensuring safe access/egress to the small office
located on the lower level.
· The size and configuration of the property and the nature of site development and
surrounding land uses at the Stamford and Jack Bell arenas restricts the range of
possible options for physical expansion of this facility.
Findings
Jack Bell Arena would benefit from capital expenditure to improve the public facilities,
lobby and change rooms. The following identifies a series of improvements and
associated cost estimates required to upgrade the arena to maintain oi>erations, improve
accessibility and to provide selected life safety requirements such as sprinklers.
21
Requirements for Basic Operation: HIGH PRIORITY
1. Additional Male/Female Public Washrooms $ 50,000
2. Elevator to Second Floor $ 75,000
Sub- Total $125,000
Contin~encies/Sot~ Costs ('20%) $ 25,000
Total $150,000
Rcqnired Improvements: LOW/MEDIIJM PRIOITY
1. New Change Rooms (6) $525,000
2. Lobby Renovations $ 20,000
3. New Sports Flooring $10,000
4. Sprinklering of Arena $100,000
5. Air Conditioning of Community Room/Lobby/Offices $ 35,000
6. General Upgrade Allowance $ 30,000
7. Parking Lot Paving $200,000
Sub- Total $920,000
Contingencies/Soft Costs (20%) $184,000
Total $1,104,0004
Note: Change rooms to be relocated to back of facility and existing change rooms
demolished to create a larger lobby area.
Conclusions
The Jack Bell and Stamford Memorial Arena complex should be redeveloped in the
future to address the current deficiencies identified. This should be undertaken after a
review of the site to determine a suitable footprint to establish the specifics of orientation
and layout and contingent upon the findings of the review.
All costs are expressed in 20035 and do not include escalation allowance for cost variation over time.
An allowance for cost escalation in the order of 3% to 5% per year would be advisable.
22
7.0 FUTURE MUNICIPAL INDOOR ARENA FACILITY PROVISION
OPTIONS
7.1 Goals and Objectives
The identification of the range of options for the future provision of municipal indoor
arena facilities was based on the achievement of the following goals and objectives:
Goals:
)~ To provide municipal indoor arena facilities to meet existing and anticipated
future user demand, needs and requirements for the next 10 years.
)~ To provide municipal indoor arena facilities in an efficient and effective manner
with respect to municipal capital investment and operational financing.
~' To provide municipal indoor arena facilities in a manner to ensure the viability of
their long term operation and service provision.
Objectives:
)~ To provide a total of 6 municipal indoor ice pads including the development of 1
additional ice pad immediately and a second additional ice pad between 2009 and
2013. This service level will be achieved through a combination of existing and
new additional municipal indoor ice facilities.
)~ Future municipal arena facilities should be provided in multiple facility
arrangements as opposed to single, stand-alone type of facilitios.
} Each new municipal indoor arena facility should be designed in a manner to allow
for potential expansion for either ice or non-ice related uses in the future.
)~ The capability for provision of 12-month ice should be included in any new
municipal indoor arena facility.
~' The design of future municipal indoor ice facilities should ensure that the
participant, spectator and operational environments meet generally accepted
facility design standards and guidelines. This is of particular importance in terms
of size of the ice pad, the type and amount of spectator seating provided, the
number and size of change/washrooms and the size and orientation of support
services.
>' Future municipal arena facilities should be designed to be multi-purpose in
orientation to ensure effective facility utilization as well as to increase
opportunities for potential revenue generation.
23
Issues associated with the existing municipal indoor arena facilities should be
addressed to ensure a consistent level of service provision in terms of quality of
user environment between each municipal indoor arena facility in the future.
To provide for the planned replacement of any existing municipal indoor arena
facility which cannot be efficiently renovated to a comparable standard of
municipal service provision and operated and maintained in an efficient manner
consistent with the recommended goals and objectives. (This implies the
identification of any existing municipal indoor arena facilities that should
continue to be provided and operated in the future, and any that should be phased
out of operation and replaced by a new facility in the future.)
7.2 Facility Concepts And Capital Costs
To accommodate current additional demand and short and long term future additional
demand for ice time, and to address the condition of existing arenas in the City, the
Municipality should undertake the following (based on the preceding analyses):
· Develop a new municipal twin pad indoor arena facility to provide one new
additional ice pad and a new ice pad facility to replace Niagara Falls Memorial
Arena.
· Redevelop and expand the Chippawa Willoughby Memorial Arena facility to
include a second ice pad, thereby creating a twin pad facility.
· Redevelop the existing Jack Bell/Stamford Arena complex including the
demolition of the existing Stamford component and the construction of a new ice
pad in a more efficient configuration. This is contingent upon further study,
research and site and building specific investigations which are beyond the scope
of this Feasibility Study and as such are not fully developed.
The proposed new facilities are shown on Illustrations A and B.
24
The New Municipal Twin Pad Indoor Arena Facility Concept (Replacement For Existing
Niagara Falls Memorial Arena)
A new municipal twin pad indoor arena facility is proposed to be comprised of the
following components:
· 2 ice surfaces, both measuring 85' by 200'
· Spectator seating for 3,000 provided for 1 ice pad and 200 for the other ice pad
· A Junior B Hockey Club change room
· User group offices and storage
· A multi-purpose room with a capacity for 300-400 persons
· A board room
· Food court style food and beverage services
· Concessions - pro shop and skate sharpening
· Support areas (general use change rooms, media/music room, staff offices, etc.)
The size of the new municipal twin pad indoor arena facility would be in the order of
105,000 square feet.
The cost to develop the proposed twin pad indoor arena facility, based on the concept
described and a total gross floor area of 105,000 square feet, is projected to be in the
order of $17,158,000 (20035)
The cost estimate is comprised of the following cost allocations.
Building $12,600,000 105,000 s.f. ~ $120/s.f.
Site Development Allow. ( 10%) $1,260,000 Landscape, Parking, Services
Contingencies (8%) $1,108,000 Design 5%, Consm~ction 3%
F.F.E. Allowance (5%) $630,000 Fittings, Furnishings, Equipment
Sof~ Costs Allowance 00%) $1,560,000 Fees, Management, Legal etc.
Total Budget $17,158,000
* Does not include debt financing
25
Twinning Expansion to Chippawa Willoughby Memorial Arena
The twinned expansion to Chippawa Willoughby Memorial Arena is proposed to be
comprised of the following components:
· 1 ice surface measuring 85' by 200'
· Spectator seating for 1,000
· A Junior C Hockey Club change room
· User group offices and storage
· Food court style food and beverage services
· Concessions - pro shop and skate sharpening
· Support areas (general use change rooms, media/music room, staff offices, etc.)
The size of the expansion to the Chippawa Willoughby Memorial Arena facility would be
in the order of 50,700 square feet.
The cost to develop the proposed expansion to the Chippawa Willoughby Memorial
Arena, based on the concept described in this section and a total gross floor area of
50,700 square feet, is projected to be in the order of 59,544,000 (20035). It should be
noted that this amount includes an allocation of $1,260,000 associated with upgrades and
improvements to the existing facility as identified previously.
The cost estimate is comprised of the following cost allocations.
Building $6,084,000 50,700 s.f. {~ $120/s.f.
Site Development Allow. (10%) $608,000 Landscape, Parking,,Services
Contingencies (8%) $535,000 Design 5%, Construction 3%
F.F.E. Allowance (5%) $304,000 Fittings, Furnishings, Equipment
Soft Costs Allowance (10%) $753,000 Fees, Management, Legal etc.
Renovations to Existing Arena $1,260,000 Upgxades to existing arena
Total Budget $9,544,000
Does not include debt financing
26
8.0 POTENTIAL SITE LOCATIONS FOR PROPOSED NEW MUNICIPAL
TWIN PAD ARENA
~ Three potential sites were identified by the Municipality for consideration as possible
locations for the proposed new municipal twin pad arena:
Site 1: Niagara Falls Community Center Site, northeast comer of the intersection
of McLeod and Montrose Roads
Site 2: municipal property on the northwest comer of the intersection of McLeod
and Montrose Roads
Site 3: municipal property referred to as the Mewbum site
~' A set of site evaluation criteria was developed to guide the assessment of the
suitability of each of the properties as a potential location for the development of the
propose new facility. The evaluation criteria included:
· Municipal Planning and Zoning requirements: compatibility of proposed use with
existing municipal planning policies and zoning
· Convenience of accessibility: convenience of access to site by various modes
including vehicular, pedestrian and public transit
Proximity of location to intended users
· Proximity to other complementary public recreational facilities
· Visibility of the site from major public roadways
· Availability of public services and utilities
· Sufficient land area for proposed facility development including parking,
vehicular circulation, landscape buffers and set backs, etc.
· Sufficient land area to accommodate potential future expansion of building and/or
service components such as parking
· Site configuration provides for efficient building and parking area orientation and
layout
· Compatibility of intended use with surrounding land uses
· Unique attributes of site which enhance location for municipal indoor arena
facility
The assessment concluded that the preferred location for the development of the proposed
new facility is Site 1, the Niagara Falls Community Centre site.
27
PARKING
PARK
ENTRANCE
ARENA COMPLEX
J==:=::=::~ SERVICE
COMMUNITY
Illustration A
CONCEPT SITE PLAN
TWIN PAD ARENA COMPLEX
NORTH
LEISUREPLAN INTERNATIONAL
WGA WONG GREGERSEN ARCHITECTS INC.
PLAYING FIELDS
SERVICE
EXISTING NEW
ARENA ARENA PARKING
SODOM ROAD
Illustration B
CONCEPT SITE PLAN ~
CHIPPAWA WILLOUGHBY MEMORIAL ARENA
NORTH
LEISUREPLAN INTERNATIONAL
WGA WONG GREGERSEN ARCHITECTS INC.
9.0 THE PREFERRED AND ALTERNATIVE INDOOR ARENA FACILITY
PROVISION STRATEGIES
The following identifies the preferred indoor arena facility provision strategy to meet the
identified current, short and long term requirements for indoor ice facilities in the City
and to ensure the efficiency and effectiveness of facility operation and maintenance over
the long term.
An alternative strategy was developed at the request of the Municipality. The alternative
strategy is also described.
Preferred Indoor Arena Facility Provision Strategy
Current and Short Term (within the next five years)
~ The first phase of the preferred strategy involves the construction of a new twin
pad arena complex to provide one new additional ice pad and a new ice pad
facility to replace Niagara Falls Memorial Arena.
~ The new twin pad arena complex should be developed on the ~site of the new
Niagara Falls Community Centre and designed in a manner to complement the
centre from both an aesthetic and functional perspective.
} The proposed facility will represent the premier municipal spectator arena in the
City, and the newest addition to municipal arena services. By virtue of a location
adjacent to the new Niagara Falls Community Centre, a unique indoor facility
complex will be established. This will increase the profile of both the proposed
new arena complex as well as the Niagara Falls Community Centre.
~ The existing Niagara Falls Memorial Arena would continue to operate until the
new facility is operational thereby minimizing any impact to existing facility
users. Once the new facility is operational, Niagara Falls Memorial Arena should
be closed and decommissioned.
> Given that this recommendation anticipates replacing the existing Niagara Falls
Memorial Arena within the next five years, the Municipality should undertake
only the most essential capital improvements to the existing facility. This will
reduce the financial implications to the Municipality of the physical issues
associated with the Niagara Falls Memorial Arena. This arena also incurs the
largest operational deficit of any of the existing municipal arenas. The magnitude
of the operational deficit associated with the provision of a new comparable
facility will be less than the current operational deficit of the Niagara Falls
Memorial Arena.
3O
Long Term (within the next 10 years)
} Once the new twin pad arena facility is operational and dependent upon
confirmation of the demand identified in Phase I of this Feasibility Study, the
second phase of the preferred strategy will involve the redevelopment and
expansion of the Chippawa Willoughby Memorial Arena facility to include a
second ice pad, thereby creating a twin pad facility.
)~ Subsequent to the development of the new ice pad associated with the Chippawa
Willoughby Memorial Arena, the Municipality should commission the
preparation of detailed investigations concerning the options and implications
associated with the redevelopment of Jack Bell/Stamford Arena complex focused
on the replacement of the existing Stamford Arena facility component in a
manner to improve facility use and operational relationships between the ice pads
and improve access and user environments.
Alternative Indoor Arena Facility Provision Strategy
While not the preferred strategy, an alternative approach would involve switching the
timing and sequencing or phasing of facility development of the preferred strategy such
that thc redevelopment and expansion of the Chippawa Willoughby Memorial Arena to
include a second ice pad is undertaken during the short term and the replacement of the
existing Niagara Falls Memorial Arena with a new ~ ice pad facility to be developed
on thc site of the new Niagara Falls Community Centre is undertaken during thc long
term.
Current and Short Term (within the next five years)
~ The first phase of the alternative strategy would involve the redevelopment and
expansion of the Chippawa Willoughby Memorial Arena facility to include a
second icc pad, thereby creating a twin pad facility.
~ It is important to note that in this alternative, thc existing Niagara Falls Memorial
Arena would continue to operate for another eight years and as such the
Municipality will bc required to undertake a series of capital improvements to the
existing facility to maintain the facility in an acceptable condition. This also
implies an operational cost premium to the Municipality associated with thc
magnitude of this facility's operational deficit, which is the largest of any of the
existing municipal indoor arena facilities, and larger than that associated with a
new comparable facility.
31
Long Term (within the next 10 years)
Once the new ice pad facility associated with the existing Chippawa Willoughby
Memorial Arena is operational and dependent upon confirmation of the demand
identified in Phase I of this Feasibility Study, the second phase of the alternative
strategy would involve the construction of a new twin pad arena complex to
provide one new additional ice pad and a new ice pad facility to replace the
existing Niagara Falls Memorial Arena. The new twin pad arena complex should
be developed on the site of the new Niagara Falls Cormnunity Centre and
designed in a manner to complement the new centre from both an aesthetic and
functional perspective.
The existing Niagara Falls Memorial Arena would continue to operate until the
new facility is operational thereby minimizing any impact to existing facility
users. Once the new facility is operational, Niagara Falls Memorial Arena should
be closed and decommissioned.
Subsequent to the development of the new twin ice pad facility and the closure
and decommissioning of the Niagara Falls Memorial Arena, the Municipality
should commission the preparation of detailed investigations concerning the
options and implications associated with the redevelopment of Jack Bell/Stamford
Arena complex focused on the replacement of the existing Stamford Arena
facility component in a manner to improve facility use and operational
relationships between the ice pads and improve access and user environments.
This alternative strategy has significant financial implications to the Municipality
associated with the continued operation of the existing Niagara Falls Memorial Arena for
a longer time period than in the preferred strategy. It would imply the expenditure of
additional capital funds to maintain the facility to continue to operate for at least the next
eight years and a higher annual operational deficit compared to a new facility.
32
10.0 BUSINESS PLAN
A business plan was developed to identify the parameters associated with the
implementation of the preferred and alternative strategies. The following is a summary of
the business plan. The assumptions identified in the business plan are applicable to both
the preferred and alternative strategies.
10.1 Organizational Structure and Staffing
Additional employees will be required in each of thc new facilities. The new indoor
twin pad arena facility and the twinned Chippawa Willoughby Memorial Arena
facility will each require the following additional staff positions:
· two additional Operator positions
· additional ticket takers and "rink attendants" as required
The preferred strategy assumes that the Municipality will continue the current
practice of operating food and beverage services at municipal indoor arena facilities.
This could be reconsidered in the future and alternative arrangements such as
contracting out this function to the private sector could be explored.
The preferred strategy includes the provision of pro shop and skate sharpening
services in existing facilities and the new facilities. The Business Plan associated with
the preferred strategy assumes that these services will not be provided by the
Municipality, but will be provided by others on a lease basis.
The new municipal indoor arena facilities associated with the, preferred strategy
include expanded multi-purpose areas and rooms which have the potential for
generating operational revenue. However it will be essential that these new facilities
are appropriately marketed and promoted to potential users including existing user
groups, tournament and special event conveners and the community at large.
Currently the financial aspects of these types of facilities in the arenas are treated
separate from the arenas' financial performance. In the future the Business Plan
assumes that this practice is revised and that revenues and expenditures associated
with the multi-purpose spaces in the municipal arena facilities are integrated within
the overall financial budget and performance of each facility. If promoted properly
these areas represent an important source of net operational revenue which can reduce
the overall deficit of each facility's operation.
The new indoor twin pad arena facility will be the premier municipal
spectator/special event facility in the City. This creates a unique oppommity for the
Municipality to increase the use of the facility for special events. In order to
maximize this opportunity, the preferred strategy assumes that the Municipality will
develop a marketing and promotion programme for the facility.
33
The Municipality does not currently sell advertising space within the existing arenas.
The preferred strategy assmnes that the Municipality will begin to sell advertising
space within the existing and proposed new arena facilities. The realization of
revenue from this source will require the development of a marketing programme.
10.2 Facility Operational Plan
~ The Business Plan assumes that there will continue to be variations in the ice-in
season among the municipal arenas.
~ Once a new indoor ice pad facility is developed (a new twin pad arena or the twinned
expansion to Chippawa Willoughby Memorial Arena), summer ice will not be
provided at Stamford, but will be provided at the new facility where it can be
provided more cost efficiently.
~ Operating hours and ice time designations will remain the same as the current
designations.
~ Once the two additional indoor ice pads are provided, the supply of prime time ice in
Niagara Falls will increase from 10,865 hours per ice-in season to 16,033 hours and
the supply of non-prime time ice will increase from 3,770 hours per ice-in season to
5,590 hours.
10.3 Projected Operational Revenues and Expenditures
~' Projections of operational expenditures and revenues were developed for the
preferred and alternative strategies for the years 2005/06 and 2010/11, the years
during which new indoor ice pad facilities are proposed to be developed.
> Expenditure items included$:
Staffing, wages and benefits
· Utility costs
· Services and materials costs
· Transfers to reserves
The terms of reference for the Feasibility Study did not include an analysis of facility development
financing. There are a number of financing options that may be appropriate for the Municipality to
consider for this type of facility development. However it is important to note that the projections of
the financial implications associated with the operation of either the preferred or alternative strategy do
not include an allowance for any on-going expenditure associated with the financing of the facility
development. For instance, a debenture may imply an annual expenditure in the order of $140,000 for
each million dollars of principal, based on an interest rate of 6.5% and a term often years.
34
Revenue items included:
· User group rentals · Concession - food and beverage
· Public skating · Concession - pro shop and skate sharpening
· Tournaments · Advertising
· Special events · Multi-purpose room rentals
A number of assumptions were made pertaining to each expenditure and revenue item,
primarily that user fees were held constant at the 2003/04 rates over the projection time
period.
The following summarizes the projections for the preferred and alternative strategies.
Preferred Strategy
The total operational deficit associated with the provision of municipal arenas was
projected to decrease from $822,300 in 2002/03 to $704,600 in 2005/06 with the
development of the new twin pad arena to replace the Niagara Falls Memorial Arena.
It was projected that by 2010/11, with the development of the additional ice pad at
Chippawa Willoughby Memorial Arena, the total operational deficit associated with the
provision of municipal arenas may increase to $990,000.
Alternative Strategy
The total operational deficit associated with the provision of municipal arenas is
projected to increase from $822,300 in 2002/03 to $874,600 in' 2005/06 with the
development of the additional ice pad at Chippawa Willoughby Memorial Arena.
It is projected that by 2010/11, with the development of the new twin pad arena to replace
the Niagara Falls Memorial Arena, the total operational deficit associated with the
provision of municipal arenas may increase to $990,000.
10.4 Further Considerations
The proforma analysis in the Business Plan did not take into account the potential impact
of changing the Municipality's current practice of the subsidization of ice users in terms
of:
· Provision of office and/or storage space for user groups in arena facilities
· User fees
Changes to these practices may reduce the operational deficit associated with the
provision of municipal arena facilities.
35
11.0 PROPOSED POLICIES - ICE TIME ALLOCATION AND SPECTATOR
CODE OF CONDUCT
The need for policies conceming ice time allocation and spectator code of conduct was
established during the conduct of the Feasibility Study based on the input of user groups
and municipal representatives. A review of similar policies in other municipalities
throughout southern Ontario was conducted and draft policies for Niagara Falls were
provided to guide the Municipality in the policy development process. The following
summarizes the rationale for policy development.
11.1 Ice Time Allocation Policy
The Municipality currently follows a process whereby municipal indoor ice time is
allocated to users each year. There is no documented municipal policy to guide the
process or the allocation of ice time.
While three-quarters of the user groups surveyed as part of this Feasibility Study
indicated that they perceive the current allocation of ice time in the municipal arenas in
Niagara Falls to be equitable, a quarter of the arena user groups surveyed indicated
dissatisfaction with the current approach.
Many of these issues are related to the fact that the magnitude of demand for prime time
ice exceeds the amount that is provided in the current municipal facilities and the fact that
there is considerable difference between the municipal facilities in terms of user
amenities and quality of user environment. The future strategy recommended in this
Feasibility Study of bringing all municipal arena facilities up to a consistent standard of
physical condition and quality combined with the development of two additional ice pads
will help address these concerns.
The issue associated with the loss of prime time ice associated with the accommodation
of a significantly large number of tournaments in the municipal indoor arena facilities
time will continue to be problematic in the future. It was concluded that the Municipality
should develop a prime time ice allocation policy.
A draft policy was provided to guide the Municipality in the policy development process.
However, the success of a Prime Time Ice Allocation Policy will be dependent to a
significant degree upon its acceptance and understanding among arena facility users (i.e.
representatives of volunteer based community groups and associations and adult rentals,
as well as the general public). Therefore arena facility users should be involved in the
policy development process. An implementation process for the policy was outlined.
36
11.2 Spectator Code of Conduct Policy
Municipal staff receives numerous complaints from arena users concerning the conduct
of spectators. The Municipality has a general policy for all municipal facilities regarding
conduct but it is not specific to arenas nor does it define what compromises
"inappropriate behaviour".
The results of the survey of ice user groups conducted as part of this Feasibility Study
identified that user groups were generally in favour of the development and
implementation of a spectator code of conduct for municipal indoor ice facilities.
It was concluded that the Municipality should develop a spectator code of conduct policy.
A draft policy was provided to guide the Municipality in the policy development process.
However, the success of a Spectator Code of Conduct Policy will be dependent to a
significant degree upon its acceptance and understanding among arena facility users (i.e.
representatives of volunteer based community groups and associations and adult rentals,
as well as the general public). Therefore arena facility users should be involved in the
policy development process. An implementation process for the policy was outlined.
37
Corporate Services Department PD-2004-44
Planning & Development Doug Darbyson
~¢~, 4310 Queen Street Director
The
City
of
P.O. Box 1023
Niogaro Fc~lls!l~l~, Niagara Falls, ON L2E 6X5
CQrtQdQ~~' web site: www.city.niagarafalls.on.ca
----~11~~/¢¢ -~- Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on,ca
May lT, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-44, Zoning By-law Amendment Application
AM-44/2003, Surface Commercial Parking Lots
RECOMMENDATION:
That Council defer consideration of the above noted matter until September 20, 2004 in order to
allow Staff to work with interested local stakeholders to deal with issues raised in relation to this
matter.
BACKGROUND:
Council has previously deferred consideration of the above noted City-initiated zoning by-law
amendment to eliminate surface commercial parking lots as a permitted use in the Fallsview and
Clifton Hill/Victoria Avenue areas, in implementation of the IBI Parking Strategy for the People
Mover Project that was approved by Council on October 20, 2003. The most recent deferral was on
March 22, 2004 in order to "allow Staff to work with interested local stakeholders to deal with issues
raised in relation to this matter".
As a result, meetings have been held with interested parties and meetings are scheduled to continue
to take place in order to attempt to resolve issues. For example, a very productive meeting was held
on April 6, 2004 with people interested in the "licensing" and "legal non-conforming use" issues.
As well, interested people in the Fallsview area have designated a representative group to meet with
the Project Director in the next few weeks respecting issues of concern to them.
Also, the City's Planning Division continues to review the issue of an official plan amendment for
the above noted proposed by-law amendment. Additionally, the Steering Committee of the Project
has recently met with the four groups interested in developing the People Mover Project as a public
private partnership and has received interesting feedback from them relating to the Parking Strategy
that is being reviewed.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal · Planning & Development
May 17, 2004 -2 - PD-2004-44
For the above reasons, it appears that proceeding on May 17th would not be in everyone's best
interests.
Recommended by: Respectfully submitted:
~oug Darbyson & ~Ohih~e f~ad~I~o .n ald .
Director of Planning & Development ~e m~mstrat~ve Officer
E. P. Lustig
Director People Mover Pxroject
Approved by:
T. Ravenda
Executive Director of Corporate Services
EPL:tc
Attach.
S:~PDR~2004~PD2004-44, Surface Commemial Pkg Lots, AM-44-03.wpd
Corporate Services Department PD-2004-40
,4~& Planning & Development Doug Darbyson
The
City
of
4310 Queen Street Director
N,ogoro o,,sll P.o. Box 023
COn~,l~.r,m 1., Niagara Falls. ON L2E 6X5
~1~~~ _F web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: plan ning@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-40, Zoning Byqaw Amendment Application
AM-19/2004, 5981 Fallsview Boulevard
Applicant: 1473956 Ontario Ltd.
Agent: Donato Colangelo
Request to Reduce Parking Reqnirements for a
Proposed Retail Store
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment to reduce the
parking standards for a proposed retail store at 5981 Fallsview Boulevard.
BACKGROUND:
1473956 Ontario Ltd., through its agent Donato Colangelo, has requested an amendment to the
Zoning By-law for the lands known as 5981 Fallsview Boulevard, as shown on Schedule 1. The
amendment is requested to permit a reduction in the amount of parking required by the Zoning By-
law from 24 spaces to eight spaces for a proposed two-storey retail facility.
In December 2003, Council approved By-law No. 2003 - 199 which permitted a parking reduction for
a proposed museum/retail building on the same property. The by-law permits a parking reduction
from 13 spaces to 8 for the museum/retail use. The applicant now wishes to utilize the entire
building as a store with the same number of parking spaces.
The land is zoned Tourist Commercial (TC-643). Special provision 643 relates to By-law No. 2003-
199, as noted above. New site specific provisions are requested to permit eight parking spaces for
467 square metres (5,025 square feet) of retail space.
Planning Analysis
Planning staff had assessed the previous proposal and determined that it was within the intent and
purpose of the Official Plan to site specifically reduce parking standards for a proposed
museum/retail store.
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems Legal · Planning & Development
May '17, 2004 - 2 - PD-2004-40
In order to substantiate the subject proposal, staff requested an opinion letter from the applicant's
traffic engineer who had prepared a Parking Demand Analysis for the previous application. This
letter stated that given the extent of"walk-by" traffic in the area, the 8 parking spaces provided on
site would be sufficient to service the proposed retail store.
This area of Fallsview Boulevard, between Ferry and Robinson streets, is essentially an area in
transition which should experience higher volumes of pedestrian traffic in the future as the area
redevelops. With the development of the Double Tree Resort/Hotel and other projects further south,
it is reasonable to expect that pedestrians will be drawn south from Ferry Street along Fallsview
Boulevard.
The floor area of the proposal is under 500 square metres size mentioned in the Tourist Area
Development Strategy (TADS) report where relatively small properties may not be able to meet all
the individual parking requirements. Until the City has undertaken a comprehensive parking demand
study for the tourist core, it is premature to exempt development from providing parking. This
proposal is to provide 33.3% of the required parking on site.
Therefore, while the reduction in parking from 24 spaces to 8 appears to be significant, the rationale
provided in the traffic consultant's report is acceptable when combined with the transitional stage
of the street to walkby trade and the small store size. Planning justification and level of service are
considered within the acceptable range. It should be noted however, that such reductions in parking
can only be considered at the present time on a site specific basis as each case may differ in terms
of uses, location and other factors.
CONCLUSION:
Based on the above, the requested amendment is appropriate. An amending by-law will be drafted
to permit the proposed building to be used for a retail or a museum use, or in combination with a
minimum of eight parking spaces being provided.
-- Jo~Pth~arnsley / J/6hn MacDonald
?lanfier 2 [cJChief Administrative Officer
Reconmaended by:
~oug Darbyson
irector of Planning & Development
Approved by:
Executive Director of Corporate Services
S:~PDR~2004~PD200440, AM-19-04, 5981 Fallsview,wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Location: 5981 Fallsview Boulevard
AM- 19/2004
Applicant: 1473956 Ontario Ltd.
Corporate Services Department PD-2004-41
Planning & Development Doug Darbyson
lhe City of 4310 Queen Street Director
Nic~goro Foils P.O. Box 1023
Niagara Falls, ON L2E 6X5
Con~dc~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354.
E-maih planning@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-41, Zoning By-law Amendment Application
AM-18/2004, 4750 Garner Road
Applicant: Ruth Grandoni
Agent: Dennis Savriga
Proposed Rural Residential Development
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment application in
order to:
1) establish the lot area and frontage of 4750 Garner Road (Part 1) and a parcel (Part 2) to be
created through severance abutting to the north; and
2) provide requirements to regulate the future construction ora single detached dwelling on Part
2.
BACKGROUND:
Ruth Grandoni, through her agent Dennis Savriga, has requested an amendment for two parcels of
land that were recently approved through a consent application (File No. B01/2004/NF) on the east
side of Garner Road, shown as Part 1 and Part 2, on Schedule 1. The amendment request is to satisfy
a condition of consent approval. The purpose of the amendment is twofold:
· to recognize the sizes of the parcels; and
· to establish regulations to guide the future construction of a single detached dwelling on Part
2.
Details are shown on a surveyor's sketch, Schedule 2.
Working Together to Serve Our Community
Clerks Finance · Human Resources · Information Systems · Legal Planning & Development
May 17, 2004 - 2 - PD-2004-41
The lands are currently zoned Agricultural (A). A site specific A zone is requested for both parcels
to regulate their development. In this instance, the A zone will be modified to apply the Rural (R)
zone regulations. The A zone is being retained to maintain a consistency with the Good General
Aghcultural designation of the area within the Regional Policy Plan.
The above noted consent application was approved in January of this year. Planning staff and the
Region did not support the consent because Part 2 (the severed parcel) does not comply with the
Minimum Distance Separation (MDS) requirement between livestock operations and new lots/future
dwellings. A small dairy farm is located north of Part 1. The MDS requirements are imposed in
order to ensure that livestock operations can operate normally and not be adversely affected by the
presence of residential dwellings which may be impacted upon by odours. The Committee of
Adjustment (C of A) approved the application because, in it's opinion, the application met the infill
policies of the Region and that, as the livestock operation is declining, there should be minimal
odour impacts experienced on Part 2. As a result, the subject Zoning By-law amendment application
is being brought forth in order to implement the C of A's decision.
Site Description and Surrounding Land Uses
The subject lands are located on the east side of Garner Road, north of Beaverdams Road. Part 1 is
currently occupied by a two-storey single detached dwelling. Part 2 is vacant.
Surrounding land uses are agriculture and rural residential.
Circulation Comments
Information regarding the application was cimulated to City departments, government agencies and
the public for comment.
Municipal Works Dedication of a 1 O-foot road widening
along the full frontage of both parts as a
condition of the consent application.
· Parks, Recreation & Culture No objections.
Planning Analysis
The requested amendment will satisfy a condition imposed by the C of A in its approval of the
severance to create Part 2. The amending by-law will retain the Agricultural (A) zone in order to
maintain consistency with the area's Good General Agricultural designation in the Regional Policy
Plan. The A zone will be modified to apply the zone regulations of the Rural (R) zone as these
regulations are the most appropriate to govern the two lots. The R zone has a minimum lot frontage
of 99 feet (30 metres) and a minimum lot area of 1 acm (0.4 ha). The zone requirement for lot area
will be adjusted to reflect the size of each parcel once the road widening has been taken. This zone
has been utilized previously when rural residential lots have been created through consent.
May 17, 2004 - 3 - PD-2004-41
CONCLUSION:
Based on the above, the proposed site specific A zone is appropriate to implement the C of A's
decision to create Part 2.
Planner 2 f//Chief Adnlillistrative Officer
Recommended by:
~Doug Darbyson
irector of Planning & Development
Approved by:
Executive Director of Corporate Services
JB:gd
Attach.
S:~PDR~2004~PD2004-4 l, AM-18-04, 4750 Gamer-Grandoni.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Location: 4750 Garner Road
Applicant: Ruth Grandoni
AM-18/2004 ,:NTS
Corporate Services Department
Planning & Development Doug Darbyson
The City of j¢~ll¢ 4310 Queen Street Director
Niagara
Niagara Falls, ON L2E 6X5 PD-2004-43
Can~~ web site: www.city.niagarafalls.on.ca
~ I-- Tel: (905} 356-7521
Fax: {905) 356-2354
E-maih planning@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-43, Recommendation Report
Golia Estates
Draft Plan of Subdivision 26T-11-2004-01 (Revised)
Zoning By-law Amendment Application AM-05/2004
Owner: Nicola Golia
RECOMMENDATION:
It is recommended that:
1) the Golia Estates Plan of Subdivision be draft approved subject to the conditions in the
attached Appendix;
2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice
of Council's decision has been given as required by the Planning Act, provided no appeals
of the decision have been lodged;
3) draft approval be given for three years, after which approval will lapse unless an extension
is requested by the developer and, subject to review, granted by Council; and
4) the application to amend the Zoning By-law be approved as detailed in this report to provide
the necessary land use regulations to guide the development of the subdivision.
BACKGROUND:
Proposal
The applicant proposes to subdivide a 2.343 hectare (5.79 acre) site into 25 lots for single-detached
dwellings and a small residential block to be combined with abutting land in the future. The property
is located on the east side of Stanley Avenue and north side of Portage Road as shown on Schedule
1. A cul-de-sac roadway is proposed to connect with Stanley Avenue and contains the majority of
the lots. There are three lots fronting on Portage Road and three lots fronting on Stanley Avenue
proposed with driveway access to these road~vays. Schedule 2 illustrates the submitted subdivision
layout.
Working Together to Serve Our Community
Clerks F/nonce · Human Resources Information Systems · Legal Planning & Development
May '17, 2004 - 2 - PD-2004-43
The site is currently zoned, in part, Prestige Industrial (PI) and Residential Single Family (R1 E) by
Zoning By-law No. 79-200. The applicant has requested the zoning of the land be changed to the
Residential Single Family 1E Density (R1 E) category. The existing by-law requirement for a special
building setback from Stanley Avenue is requested to be removed. Additional properties shown on
Schedule 1 (2220 & 2256 Stanley Avenue and 2283 Portage Road) are also included in the zoning
amendment at the City's request in order that all land in this quadrant will be zoned for residential
use in compliance with the Official Plan designation.
Public Consultation
The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals
prior to making a decision. Cotmcil held the Public Meeting for this plan on March 22, 2004.
Concerns were raised at that meeting regarding traffic on Stanley Avenue and driveway access to the
roadway. The required Public Meeting for the zoning amendment is satisfied through tonight's
meeting and provides another opportunity for public comment.
Planning Review
Various matters were considered in assessing the proposed plan of subdivision and zoning
amendment. Based on this analysis, approval is recommended subject to detailed subdivision
conditions and with modified zoning requirements. The review of the applications is addressed
under the following headings.
Official Plan
In May 2001, Official Plan Amendment No. 36 was approved to change the designation of the
subject land and properties to the north and east from Industrial to Residential. This designation
includes special policies requiring the preparation of numerous studies (ie. air quality, noise and
vibration, environmental site assessment, traffic impact, stormwater management, archaeological).
These studies were submitted by the developer and are needed to address land use compatibility in
the review of the subdivision and zoning applications. The Official Plan promotes a compatible mix
of housing types and variety of lot sizes to provide a full range of housing opportunities. There are
two existing dwellings, the hydro transmission corridor/reservoir and industrial uses to the north.
Residential properties are located to the south and east. The area west of Stanley Avenue includes
the Greek Cultural Centre, industrial uses and a sandpit operation. This proposed infill development
is an extension to the existing residential neighbourhood. The subdivision proposes a mix of single-
detached lot sizes that adds to the supply in the area and is a reflection of the strong market for this
type of housing. With the inclusion of appropriate mitigation measures as discussed later in the
report, the development should be compatible with the surrounding uses.
Subdivision Design
The property configuration creates some design constraints for the subdivision. Staff had identified
concerns during the preliminary review with the direct driveway access (Lots 4, 5 & 6) onto Stanley
Avenue due to increasing traffic volumes and possible sight line limitations. Early concept plans
for the site considered only access to an internal street off Portage Road but this design resulted in
intersection problems, very shallow lots, a long dead-end roadway, servicing inefficiencies and
increased costs. An alternative multiple residential use of Lots 1 to 6 was discussed with the
developer but not desired due to compatibility with the area. The Region has indicated no objection
May 17, 2004 -3 - PD-2004.-43
to the three lots accessing their roadway subject to approval of driveway turnaround areas. The
developer's subdivision layout provides extra depth for these lots that can accommodate this
requirement and in recognition of traffic noise mitigation. Street "A" allows for the future lotting
or multiple/townhouse development on the abutting properties to the north.
The length of Street "A" is in keeping with the Official Plan policy that internal streets terminating
in a cul-de-sac shall not normally extend beyond 150 metres (492 feet). The cul-de-sac bulb
dimensions will allow fire trucks a proper turning radius. Sidewalks are required on Stanley Avenue
to provide a linkage to the south, but not recommended on the cul-de-sac or on Portage Road in
accordance with municipal practice. An acoustic fence and special dwelling construction standards
may be needed for lots abutting the Regional road.
Zoning Amendment
The requested R1E zoning permits a minimum lot frontage of 12 metres (39.4 feet) and a minimum
lot area of 370 square metres (3,983 square feet). The proposed lot sizes satisfy these zoning
standards. The request to remove the by-law provision that protects additional land along Stanley
Avenue is acceptable since the Region requires a lesser widening for future improvements.
However, staff recommend increased dwelling setback standards abutting the street to improve
compatibility, address sight lines and establish a suitable built form. The exterior side yard width
(applicable to Lots 3 & 7) is proposed at 6 metres (19.7 feet) rather than the typical 4.5 metres (14.8
feet). The width of Lot 7 has been increased to enable this setback to be applied without restricting
the dwelling size on the parcel. An increased front yard depth is necessary for Lots 4, 5 & 6 on
Stanley Avenue to allow the driveway turnaround area. A setback in the order of 12 metres (39.4
feet) or more maybe required for the turnaround area and still provide open space in the front yard.
The specific distance will be determined in consultation with the developer and Regional staff based
on technical requirements for the driveways.
Other sections of the zoning regulations need to be amended to permit the subdivision design - the
provision restricting parking in the front yard/driveway width with respect to Lots 4, 5 & 6 and the
average dwelling setback for Lots 1, 2 & 3 on Portage Road due to the placement of the developer's
existing dwelling (2283 Portage Road). The two properties to the north (2220 & 2256 Stanley
Avenue) as well as the developer's lot are proposed to be rezoned to the standard R1E classification
tbxough this application at the City's request. This change from the historical Prestige Industrial (PI)
zoning for these properties with existing dwellings will implement the Official Plan's Residential
designation approved in 2001. The dwellings maintain their legal status with respect to setbacks.
Regional Comments
The Regional Planning and Development Department notes that although a mix of housing types is
desirable, the proposed single-detached lots fit into the established neighbourhood land use pattern.
In addition to standard servicing requirements, the Regional Public Works Department has requested
several conditions relating to Stanley Avenue including widening/daylighting triangles, approval of
the traffic study and payment for any needed road improvements to accommodate the subdivision.
Furthermore, Regional Entrance Permits will be required for Lots 4, 5 & 6 with a turnaround area
on the properties as previously noted to discourage vehicles from backing onto Stanley Avenue.
Regional Planning also reviewed the subdivision with regard to Provincial policies. An updated
noise study is requested for the current subdivision design to determine specific mitigation measures
from traffic on Stanley Avenue. Conditions for the review and approval of plans for stormwater
drainage, lot grading, sediment and erosion control and an archaeological assessment are included.
May 17, 2004 - 4 - PD-2004-43
Agency Comments
CN Rail has requested standard conditions for a warning clause and approval of the revised noise
study. Hydro One has requested approval of the lot grading/drainage plan, advises of requirements
during construction and provides a safety notification regarding abutting high voltage transmission
lines. Warning clauses are requested by Ontario Power Generation Inc. to advise purchasers o£
potential impacts from construction/maintenance activities on the nearby reservoir and any expansion
of the Sir Adam Beck Generating Station. Niagara Regional Police note that Stanley Avenue is a
busy route for transport and commemial trucks and offer suggestions for signage and street lighting.
In addition, the developer will be required to enter into separate agreements with several utility
companies.
CONCLUSION:
The Golia Estates Draft Plan of Subdivision is an appropriate development of the site. The
application complies with the policies of the Official Plan. Mitigation measures should make the
residential development compatible with surrounding uses specifically with respect to potential
traffic impacts. The reconunended zoning by-law amendment will provide suitable regulations for
the construction of the dwellings and ensure land use compatibility. The required conditions of
approval are listed in the Appendix.
~_~_.~ Respectfully submitted:
Richard Wilson //John MacDonald
Planner 2 /// Chief Administrative Officer
Recommended by:
4~ Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda /~2
Executive Director of Corporate Services
RW:gd
Attach.
S:\PDR~2004\PD2004-43, Golia Estates wpd
May 17, 2004 - 5 - PD-2004-43
APPENDIX
Conditions for Draft Plan Approval
1. Approval applies to the Golia Estates Draft Plan of Subdivision prepared by Upper Canada
Consultants, revised dated May 11, 2004, showing 25 lots for single-detached dwellings and
Block 32 for future residential use in combination with abutting land.
2. The developer enter into a registered Subdivision Agreement with the City to satisfy all
requirements, financial and otherwise, related to the development of the land. Note: Should any
other body wish to have its conditions included in the Subdivision Agreement, they may be
required to become party to the Subdivision Agreement for the purpose of enfoming such
conditions.
3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City
Solicitor prior to the preparation of the Subdivision Agreement.
4. The subdivision be designed and constructed in accordance with City standards which, in part,
includes the following:
a) construction of 8.0 metre wide pavement on the straight roadway section with a 14.7
metre wide pavement radius (15.0 metre radius including curb/gutter) on the cul-de-sac
bulb;
b) dedication of the road allowance to the City as public highway and the street named to the
City's satisfaction;
c) provision of water distribution, sanitary sewer and storm sewer systems including a mai or
and minor storm sewer design concept;
d) weeping tile flow to be directed to the storm sewer by use of sump pumps;
e) provision of an overland stormwater flow route; and
f) application of the City's Lot Grading and Drainage Policy.
5. The developer construct a sidewalk to City standards on the east side of Stanley Avenue
abutting the plan.
6. The developer dedicate a 0.3 metre reserve (Block 31) to the City along a portion of the
northerly limit of Street "A" to preclude access from the abutting property.
7. The developer paythe Development Charges in rome at the time of execution of the subdivision
agreement.
8. The developer grant the City and Public Utilities any easements required to service the
subdivision.
9. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying
with any underground servicing conditions imposed by the municipality, and if no such
conditions are imposed, the developer shall advise the municipality of the arrangement made
for such servicing.
May 17, 2004 - 6 - PD-2004..43
10. The developer pay the City cash-in-lieu of 5% parkland dedication.
11. The developer provide boulevard trees in accordance with City policy.
12. The developer receive final approval from the City to the zoning by-law amendment to provide
land use regulations to guide the development of the subdivision.
13. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor
to Planning & Development confirming that all lots comply with the Zoning By-law.
14. The developer provide five copies of the pre-registration plan to Planning & Development and
a letter stating how all the conditions imposed have been or are to be fulfilled.
15. The detailed design drawings for the water, sanitary sewer and storm sewer facilities for this
plan be submitted to the Regional Public Works Department for review and approval.
16. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of
the Regional Public Works Department for the necessary servicing for this development.
17. The developer deed Block 27 for a road widening along Regional Road 102 (Stanley Avenue)
to the Regional Municipality of Niagara free and clear of any mortgages, liens and
encumbrances.
18. The developer deed Blocks 26 and 30 for daylighting triangles, measuring 7.5 metres x 7.5
metres, at the intersections of Regional Road 102 (Stanley Avenue) and Street 'A' and Regional
Road 102 (Stanley Avenue) and Portage Road to the Regional Municipality of Niagara free and
clear of any mortgages, liens and encumbrances.
19. The developer deed Blocks 28 and 29 for 0.3 metre reserves parallel to Regional Road 102
(Stanley Avenue) along the flankage of Lots 3 and 7 (including the requested daylighting
triangles) to the Regional Municipality of Niagara free and clear of any mortgages, liens and
encumbrances to preclude access in perpetuity along Regional Road 102.
20. The Traffic Impact Study prepared by Delcan, dated June 7, 2001, for the subdivision to
determine impacts on Regional Road 102 (Stanley Avenue) be reviewed and approved by the
Regional Public Works Department and that the developer enter into an agreement with the
Region for any necessary Regional road improvements required as a result of recommendations
of the Traffic Impact Study.
21. The geometric design of the intersection of Street 'A' and Regional Road 102 (Stanley Avenue)
be submitted to the Regional Public Works Department for review and approval.
22. The developer provide driveway turnaround areas on Lots 4, 5 and 6 and that the geometric
design of these driveways fronting on Regional Road 102 (Stanley Avenue) be submitted to the
Regional Public Works Department for review and approval.
May 17, 2004 - 7 - PD-2004-43
23. Immediately following notice of draft plan approval, the developer submit a letter to the
Regional Planning and Development Department acknowledging that draft approval of this
subdivision does not include a commitment of servicing allocation by the Region. Servicing
allocation will be assigned instead at the time of final approval of the subdivision for
registration purposes, and a similar clause be inserted in the subdivision agreement between the
developer and the City.
24. Immediately following notice of draft plan approval, the developer provide the Regional
Planning and Development Department with a written undertaking that all offers and
agreements of purchase and sale which may be negotiated prior to registration of this
subdivision shall contain a clause clearly indicating that a servicing allocation for this
subdivision will not be assigned until the plan is granted final approval for registration.
25. Prior to approval of the final plan or any on-site grading, the developer submit two copies of the
following to the Regional Planning and Development Department, designed and sealed by a
suitably qualified professional engineer in accordance with the Ministry of the Environment
documents entitled "Stormwater Management Practices Planning and Design Manual", March
2003, and "Stormwater Quality Guidelines for New Development", May 1991, and the
developer agree in the executed subdivision agreement to implement these approved plans:
a) detailed lot grading and drainage plans, noting both existing and proposed grades and the
means whereby overland flows will be accommodated across the site; and
b) detailed sediment and erosion control plans.
Note: The Region may request the Niagara Peninsula Conservation Authority to review these
plans on the Region's behalf and to submit comments on them to the Regional Planning and
Development Department. The Regional Planning and Development Department is the
clearance agency for this condition.
26. The Environmental Noise Analysis prepared by Valcoustics Canada Ltd., dated August 2001,
be updated through an addendum to provide information on the basis of the approved draft plan
with a summary of applicable recommendations to be submitted to the Regional Planning and
Development Department for review and approval.
27. The recommendations of the approved noise study be implemented through the subdivision
agreement to the satisfaction of the Regional Planning and Development Department.
28. The archaeological assessment prepared by Mayer Heritage Consultants, dated June 2001, be
approved by the Ministry of Culture. No demolition, grading or other soil disturbances shall
take place on the subject property prior to the Ministry of Culture, through the Regional
Planning and Development Department, confirming that all archaeological resource concerns
have met licensing and resource conservation requirements.
29. The developer submit a copy of the lot grading and drainage plan, showing existing and final
grades, to Hydro One for review and approval.
May 17, 2004 - 8 - PD-2004-43
30. Immediately following notice of draft approval, the developer submit a letter to Hydro One
acknowledging that any development in conjunction with the subdivision must not block
vehicular access to any Hydro One facilities located on the right-of-way, and that during
construction, there will be no storage of materials or mounding of earth or other debris on the
right-of-way. Furthermore, the costs of any relocations or revisions to Hydro One facilities
which are necessary to accommodate this subdivision will be borne by the developer. The
easement rights of Hydro One and its legal predecessors are to be protected and maintained.
Note: The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000
volts. Section 186 - Proximity - of the Regulations for Construction Projects in the
Occupational Health and Safety Act, require that no obi ect be brought closer than 6 metres (20
feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15
feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to
be aware, and to make all personnel on site aware, that ail equipment and personnel must come
no closer than the distance specified in theAct. They should also be aware that the conductors
can raise and lower without warning, depending on the electrical demand placed on the line.
31. The following notification clause shail be included in the Subdivision Agreement and inserted
in all Offers and Agreements of Purchase and Sale for each lot/dwelling mt:
"Ontario Power Generation Inc. is proposing new hydroelectric generation buildings, structures
and facilities associated with the existing Sir Adam Beck Generating Complex and reservoir,
among other things, and has received Environmental Assessment approval for same. The
construction program will include, but not be limited to, such things as a construction works
yard immediately south of the reservoir, an increase in traffic on Stanley Avenue and a
construction site access from Stanley Avenue. In addition, purchasers must be aware that
Ontario Power Generation's reservoir associated with the Sir Adam Beck Generating Station
is directly north of this residential subdivision and that, from time to time, the reservoir may be
subject to construction and maintenance activities."
32. The following warning clause shall be included in the Subdivision Agreement and inserted in
all Offers and Agreements of Purchase and Sale or Lease for each dwelling nnit. Provisions
must be included in the Subdivision Agreement to ensure that the warning clause survives the
release of the developer's obligations trader the Subdivision Agreement and remain on title.
"Warning: Canadian National Railway Company or its assigns or successors in
interest has or have a fight-of-way within 300 metres from the land the subject
hereof. There may be alterations to or expansions of the rail facilities on such
right-of-way in the future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which expansion may affect the
living environment of the residents in the vicinity, notwithstanding the inclusion
of any noise and vibration attenuating measures in the design of the development
and individual dwelling(s). CN will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or under the
aforesaid right-of-way."
33. The developer engage a consultant to undertake an analysis of noise and provide abatement
measures necessary to achieve the maximum level limits set by the Ministry of Environment
and Canadian National Railway. Upon review and approval of the noise report all
recommendations provided should be included in the Subdivision Agreement.
May 17, 2004 - 9 - PD-2004-43
Clearance of Conditions
Prior to granting approval to thc final plan, Planning & Development requires written notice from
applicable City Divisions and the following agencies indicating that their respective conditions have
been satisfied:
- Bell Canada for Condition 9
- Regional Niagara Public Works Department for Conditions 15, 16, 17, 18, 19,20,21 &22
- Regional Niagara Planning and Development Department for Conditions 23, 24, 25, 26, 27 &
28
- Hydro One for Conditions 29 & 30
- Ontario Power Generation for Condition 31
- Canadian National Railway for Conditions 32 & 33
SCHEDULE 1
Proposed Plan of Subdivision &
Zoning By-Law Amendment Application
Golia Estates
26T-11-2004-01 & AM-05/2004
Location Map
Subdivision & Zoning Amendment
Additional Lands Included in Zoning Amendment
(2220 & 2256 Stanley Avenue, 2283 Portage Road)
: NTS
GOLIA ESTATES
CITY OF NIAGARA FALLS
)P,A~T PLAN OF SUBDMSION
The City of
Clerk's Department Niagara Falls
Inter-Departmental Memorandum Canada
To: Mayor Ted Salci Date: May 17, 2004
& Members of Council
From: Dean Iorfida
City Clerk
Ext. 4271
Subject: Downtown B.I.A. Budget etc.
In response to the deferral of their budget at the last Council meeting, the Downtown B.I.A. has
Submitted the following correspondences:
Letter from Kurban Lalani, Chair
Letter from Dr. Hill, including an independent legal opinion verifying her right to be on
the Board.
Letter from Helen Rogers re: the role of her son Scott vis a vis the property taxes and
levy.
Letter from Martin Sheppard Fraser.
The most pertinent correspondence is the legal opinion from William J. Smith. He argues that the
new Municipal Act is not as prescriptive with regard to the tenant being required to pay property
taxes. His argument is that all commercial tenants have a "material and legitimate interest in the
local business area". The extension of Mr. Smith's argument is that the requirement that the tenant
pay taxes under the lease is no longer relevant.
In addition, I contacted John Ballantine, Policy Supervisor at the Ministry of Municipal Affairs &
Housing. Mr. Ballantine is the expert on B.I.A.'s in the Ministry. He agreed with Mr. Smith's
opinion. He stated to me that the legislation was purposely vague and not prescriptive on B.I.A.
membership. Mr. Ballantine stated that during the consultation process on the new Municipal Act,
B.I.A.'s had indicated that they wanted the flexibility to have Board members that brought specific
expertise or talent to a Board of Management; therefore, a Board member ofa B.I.A. does not have
to be an owner or a tenant paying property taxes but could be an interested professional or even
someone from outside of the B.I.A. boundary.
Based on Mr. Smith's opinion and Mr. Ballantine's comments, I would respectfully submit that Mr.
Tartaglia's contention that Board Members were "sitting illegally" is not valid.
With regard to the budget proposed, I would refer you to Mr. Lalani's letter which justifies the
increase.
Worb, inO Tooetber to Serve O~r Comm~nit~
i~ Tel.: (905)354-0606
.~_~UW~l--l~'~wn~-- P.O. Box 5, Fax: (905)354-5541
Niagara Falls, Ontario ' '
Board of Management
A~dl 2~, 2004
Mr, Dean Iorfida,
City Clerk,
Niagara Fails City Hall,
4310 Queen Street,
P.O. Box 1023,
Niagara Falls, ON
Dear Mr. Iorfida:
At our Annual General Meeting, held Thursday February 12,2004, we discussed
the possibility of increasing our budget and deferred this matter to a later General
Meeting.
As per our General Meeting, held Wednesday April 28,2004, we are pleased to
proffer the attached budget as laid out and approved by the members for the year
2004.
Please contact me at (905) 354-5604 if you have any questions or concerns.
Sincerely,
Kurban Lalani
Chairman.
/dd
~'"~': ' J:,..t~'n,"..~~~AY O 3 200~.
www. niagarafallsdowntown.com
bia@niagarafallsdowmown.com
Downtown Niagara Falls: Where Variety Makes the Difference
~, Tel.: (905)354-0606
~ ~7~r~ll ~' P.O. Box 5, ~ax: (905) 354-5541
Board of Management
Niaflam Falls Downtown
Board of Manafl~m~nt
2004 Budfl~t
Advertising & Promotion 25,000.00
Beautification 25,000.00
Staff Wages 25,000.00
Revitalization 39,000.00
Liability Insurance 3,500.00
Rent 2,400.00
Postage, Copying, Phone, Office 5,000.00
Professional Fees 50,000.00
Meeting Expense 1,300.00
Misc. 2,500.00
Shortfall on property tax appeal 1,300.00
Total $180,000.00
www.niacla rafallsdowntown.com bia~niagerafallsdowntown.com
Downtown Niagara Falls: Where Variety Makes the Difference
Kurban Lalani, B. Sc. Pharm. (Hon)
Queen Street Pharmacy
4421 Queen Street
Queen Street Medical Building
Niagara Falls, Ontario. L2E 2L2
Phone: 905-354-5604 Fax: 905-262-5040... Home Phone: 905-262-5366
E-mail: kurban~queenstreetpharmac¥.com
Friday, May 14, 2004
To,
The Mayor and members of the City Council
Ref: Downtown BIA... The Budget and the Elected Officials.
The Budget:
While it was a disappointment that the BIA budget was not approved I am happy that
most council members did not outright reject it but deferred their judgment, pending
further investigation. To facilitate an educated final decision I wish to clarify the
rationale behind such a dramatic increase:
· After a lengthy debate, the budget was approved, by a majority vote, by the newly
elected BIA board. The board members are fully aware that their own levy will go
up.
· The two main reasons for the proposed dramatic increase:
1. Legal expenses to combat the liquor license application of Cell Block. This could
easily top $50,000.00. The entire future of the downtown hinges on this issue and it is of
paramount importance that BIA does its utmost to address this problem.
2. We finally have an entrepreneur with a vision, experience and considerable financial
clout to trigger the revitalization of the downtown, and BIA may have to play a
significant financial role to facilitate this once in a lifetime opportunity.
As a member of the BIA board I whole heartedly supported the increase even though this
would en-tail substantial increase in my own levy, and a remote prospect of any subsidy
to my property. Why did I support it? I believe a revitalized downtown will have a
tremendous positive effect on the whole area.., it will add value to all properties and
businesses, including mine... My tenants will be happier to be part of a vibrant area and
be more committed to this location. We may be even able to attract other ancillary health
related services to the area. There is also personal satisfaction in being part of something
so positive and remarkable.
Elected Officials:
The election took place in presence of a city official and was a conducted in a
professional manner. The nexv elected board, in fact, is a better representation of the
downtown, with the inclusion of two new members, who are both lawyers and also
Mordechai Grun, who represents the group poised to play a major role in the
revitalization. The new board was also approved by the city council. The validity of some
elected board members has been challenged and we are in process of addressing this
issue. We appreciate the help from the elected officials and Dean Iorfida in resolving
these issues.
Food for thought:
This is a golden opportunity for the revitalization of the downtown and the surrounding
areas and I urge all of you to help us resolve the outstanding BIA issues so we can move
forward... In the past many attempts have been made to rejuvenate the downtown, but
with little success, and the main reason for the past failures can be attributed to lack of
participation of a major developer. With the new casino, the aquarium, the CIP for
downtown and many other projects in the city of Niagara Falls, we have the ideal
conditions and once in a lifetime opportunity to propel and restore downtown as the
vibrant heart of the city. Let us not miss out. I feel extremely confident that we are on a
right path .... The degree of success depends on the city and BIA joining forces, sharing
the same vision, and working as partners.
Thank you
Yours truly,
P.S. These are my personal views and may or may not reflect the views of the entire BIA
board. However as the current chairman of the BIA I will disclose this memo to the board
members.
Queen Street lVleolcal UUllOlng .... -~ ~'- ~
4421 Queen Street
Niagara Falls, Ontario.
May l0th 2004
Dean Iorfida
City Clerk
Ci(y Hall,
Niagara Falls, Ontario.
This is to confirm that Dr. Joanna Hill is a tenant at the Queen Street
Medical Building, located at 4421 Queen Street, Niagara Falls, Ontario.
Please contact Kurban Lalani for any additional details.
Work.. 905-354-5604.. Home.. 905-262-5366
Thank you
Queen Street Pharmacy
4421 Queen Street
Niagara Falls, Ont. L2E 2L2
905-354-5604 or 905-262-5366
Thursday, May 13, 2004
Dean Iorfida,
City Clerk,
Niagara Falls, Ont
Hi Dean,
Enclosed herewith is a copy of ruling from Dr. Hill's lawyer, which clearly
states that she is eligible to be a member of the downtown BIA board.
As an added precaution I have also enclosed a letter from my wife, who
owns the building, testifying that she is a tenant. For your information Dr.
Hill has a gross lease which includes property tax. If there is a need I will be
glad to show you the lease and furnish you with any additional information.
Thank you
Joanna E. Hill, B.Sc. M.D.,
4421 Queen Street
Niagara Falls, Ontario L2E 2L2
Phone: 905 374-2160 Fax: 905 374-0812
DEVRY, SMITH & FRANK LLP
Barristers and Solicitors
wjsmith@devndlaw.ca
4~6-446-58oo
Date: May 9, 2004
To: Dr. Joanna McGarry
From William J. Smith
Re: Business Improvement Area - Membership Requirements
You have asked me to comment on the requirements for membership in a Business
Improvement Area (BIA), and specifically whether you, as a commercial tenant in a
designated area, have status to be a voting member and to be nominated and elected to
the Board of Management of the BIA.
Membership in the BIA
As a commercial tenant in a designated B/A you have statutory right to membership.
This right is conferred on you by Section 504 (4) of the Municipal Act (the "Act") which
provides as follows:
Membership
(4) Members of an improvement area consist of persons who are assessed, on the
last returned assessment roll, with respect to rateable property in the area that is
in a prescribed business property class and tenants of such property. 2001,
c. 25, s. 204 (4).
The current Act came into force on January 1, 2003 and is unambiguous in this regard.
There is no requirement in the Act that in order to be ehgible, a tenant must be obliged
under its lease to pay taxes. The Act recognizes that all commercial tenants fund taxes
one way or another and that they have a material and legitimate interest in the local
business community. This fight of commercial tenants to membership in a BIA is
completely separate and independent of the right of landlords to membership.
I believe that the confusion in this area stems from an obsolete publication by the
Ministry of Municipal Affairs and Housing entitled "Business Improvement Areas
Handbook". This publication is dated Spring, 2001 and refers to the former Municipal
95 Barber Greene Road, Suite loo, Toronto, Ontario, Canada M3C 3E9
Tel: 416-449q4oo Fax: 4~6-449-7o7x www.devrylaw.ca
Devry, Smith & Frank, LLP Page 2
Act which was repealed in January 2003. The handbook contains the following
comments on membership:
BIA MEMBERSHIP
The Municipal Act does not define general membership of a BIA. The
general practice is to limit membership in a Business Improvement Area to
individuals required under the municipal by-law to pay levies. This
includes both property owners and tenants required under their lease to
pay all or a part of the property taxes on the property that they occupy.
As you can see from Section 204 (4) of the current Act (above), this statement is simply
no longer accurate.
The old Act did not define membership. It did, however require landlords to give notice
of a proposed bylaw designating an improvement area:
"to each tenant of such property who, under the tenant's lease, is required to pay
all or part of the taxes on the property"
and to give a list of such tenants to the Clerk of the mmficipality.
The current Act contains the same provision, but also specifically allows any person who
is a tenant simply to declare himself to be a tenant for membership purposes. Section
204 (5) provides
Determining tenancy
(5) In determining whether a person is a tenant or not, the clerk of the
municipality may accept a list provided under clause 210 (2) (b) or the
declaration ora person that the person is a tenant and the determination of the
clerk is final. 2001, c. 25, s. 204 (5).
Under the current Act, a challenge to the eligibility of any person to membership is made
to the Clerk, and the Clerk's decision in final. But the Clerk must determine only
whether or not the person is a tenant, not whether the tenant pays taxes under the lease.
That distinction is now irrelevant.
Board of Management
Section 204 of the Municipal Act mandates the composition of the Board of Management
of a BIA as follows:
(3) A board of management shall be composed of
(a) one or more directors appointed directly by the municipality; and
Devry, Smith & Frank, LLP Page 3
lb) the remaining directors selected by a vote of the membership of the
improvement area and appointed by the municipality. 2001, c. 25,
s. 204 (3).
This is a radical change from the former Act, which provided that all Board members
were appointed by Council, that one member must be a member of council, and that the
others must be either ratepayers or tenants who were required to pay taxes under the
terms of their leases. The former Act contained no provisions for the election of Board
members by the general membership of the association.
The Handbook states:
Establishing the Board of Management
The board of a BIA is also established by municipal by-law. The Council
determines the number of board members and appoints them..At least
one member of the board must be a member of council. Generally, the
council member representing the ward in which the BIA is located is
appointed to the board.
Under the current Act, there is no longer a requirement that a Member of Council be a
Board member. Council can appoint anyone it wishes to be its representative. In
addition, the current Act now specifically requires that the other Board members be
appointed by Council from those persons elected at a vote of the membership of the
improvement area. Council may refuse to appoint a person even if he or she has been
duly elected by the membership.
Note also that there is no longer a requirement in the current Act that the Board of
Management members must actually be members of the BIA. It seems to me that any
person who has been elected by the membership is eligible to serve on the Board of
Management.
As a result of the change in the governing legislation in 2003, the "Business
lmprovementAreas Handbook" can no longer be considered a reliable layman's guide
to the law governing BIAs. Incredibly, the handbook is still posted on the Ministry
website.
I have attached the provisions of the current Municipal Act governing BIAs for your
reference.
Bill
Dev., Smith & Frank, LLP Page 4
Municipal Act, 2001 S.O. 2001, Chapter 25
BUSINESS IMPROVEMENT AREAS
Designation of improvement area
204. (1) A local municipality may designate an area as an improvement
area and may establish a board of management,
(a) to oversee the improvement, beautification and maintenance of
municipally-owned land, buildings and structures in the area beyond
that provided at the expense of the municipality generally; and
(b) to promote the area as a business or shopping area. 2001, c. 25,
s. 204 (1).
Corporation
(2) A board of management is a corporation consisting of the number of
directors established by the municipality. 2001, c. 25, s. 204 (2).
Composition
(3) A board of management shall be composed of,
(a) one or more directors appointed directly by the municipality; and
(b) the remaining directors selected by a vote of the membership of the
improvement area and appointed by the municipality. 2001, c. 25,
s. 204 (3).
Membership
(4) Members of an improvement area consist of persons who are assessed,
on the last returned assessment roll, with respect to rateable property in the area
that is in a prescribed business property class and tenants of such property. 2001,
c. 25, s. 204 (4).
Devry, Smith & Frank, LLP Page 5
Determining tenancy
5~ In determining whether a person is a tenant or not, the clerk of the
municipality may accept a list provided under clause 210 (2) (b) or the declaration
of a person that the person is a tenant and the determination of the clerk is final.
2001, c. 25, s. 204 (5).
One vote
(6~ Each member of an improvement area has one vote regardless of the
number of properties that the member may own or lease in the improvement area.
2001, c. 25, s. 204 (6).
Nominee
L~ A corporate member of an improvement area may nominate in writing
one individual to vote on behalf of the corporation. 2001, c. 25, s. 204 (7).
Joint nominee
(8) Subject to subsection (6), one individual may be nominated for voting
purposes by two or more corporations that are members of an improvement area.
2001, c. 25, s. 204 (8).
Refusal to appoint
(9) The municipality may refuse to appoint a person selected by the
members of an improvement area, in which case the municipality may leave the
position vacant or direct that a meeting of the members of the improvement area
be held to elect or select another candidate for the municipality's consideration.
2001, c. 25, s. 204 (9).
Term
(10) The term of the directors of a board of management is the same as the
term of the council that appointed them but continues until their successors are
appointed. 2001, c. 25, s. 204 (10).
Devry, Smith & Frank, LLP Page 6
Reappointment
( I 1) Directors are eligible for reappointment. 2001, c. 25, s. 204 ( 11 ).
Vacancies
(12) Subject to subsection (9), if a vacancy occurs for any cause, the
municipality may appoint a person to fill the vacancy for the unexpired portion of
the term and the appointed person is not required to be a member of the
improvement area. 2001, c. 25, s. 204 (12).
Budget
205. (1) A board of management shall prepare a proposed budget for each
fiscal year by the date and in the form required by the municipality and shall hold
one or more meetings of the members of the improvement area for discussion of
the proposed budget. 2002, c. 17, Sched. A, s. 40 (1).
Council to approve
(2) A board of management shall submit the budget to council by the date
and in the form required by the municipality and the municipality may approve it
in whole or in part hut may not add expenditures to it. 2001, c. 25, s. 205 (2);
2002, c. 17, Sched. A, s. 40 (2).
Limitations
(3) A board of management shall not,
(a) spend any money unless it is included in the budget approved by the
municipality or in a reserve fund established under section 417;
(b) incur any indebtedness extending beyond the current year without the
prior approval of the municipality; or
(c) borrow money. 2001, c. 25, s. 205 (3).
Devry, Smith & Frank, LLP Page 7
Limitations on power
(4) Section 65 of the Ontario Municipal BoardAct and section 401 of this
Act apply to the municipality's approval under clause (3) (b) in the same manner
as if it were incurring a debt of the municipality. 2001, c. 25, s. 205 (4).
Notice
206. A board of management shall give reasonable notice to the general
membership of the improvement area of a meeting to hold a vote under clause 204
(3) (b) or for the purposes of a discussion under subsection 205 (1). 2001, c. 25,
s. 206; 2002, c. 17, Sched. A, s. 41.
Annual report
207. (1) A board of management shall submit its annual report for the
preceding year to council by the date and in the form required by the municipality
and the report shall include audited financial statements. 2001, c. 25, s. 207 (1).
Auditor
(2) The municipal auditor is the auditor of each board of management and
may inspect all records of the board. 2001, c. 25, s. 207 (2).
Funds to be raised
208. (1) The municipality shall annually mise the amount required for the
purposes of a board of management, including any interest payable by the
municipality on money borrowed by it for the purposes of the board of
management. 2001, c. 25, s. 208 (1).
Special charge
(2) The municipality may establish a special charge for the amount referred
to in subsection (1),
(a) by levy upon rateable property in the improvement area that is in a
prescribed business property class; or
Devry, Smith & Frank, LLP Page 8
(b) by levy upon rateable property in the improvement area that is in a
prescribed business property class and that, in council's opinion,
derives special benefit from the improvement area, which levy may be
calculated using different percentages of the assessment for one or more
separately assessed properties or categories of separately assessed
properties in the prescribed class if the resulting levy is equitable in
accordance with the benefits that, in council's opinion, accrue to the
properties from the activities related to the improvement area. 2001,
c. 25, s. 208 (2).
Minimum and maximum charges
(3) The municipality may establish a minimum or maximum charge or both,
expressed for one or more separately assessed properties or categories of
separately assessed properties in a prescribed class, as,
(a) percentages of the assessed value of rateable property in the
in~provement area that is in a prescribed business property class;
(b) dollar amounts; or
(c) percentages of the board of management's annual budget. 2001, c. 25,
s. 208 (3).
Effect of by-law
(4) When a by-law under subsection (3) is in force,
(a) the amount of a charge levied in a year under subsection (2) shall not,
when calculated for the individual property in the prescribed class to
which it applies, be less than or greater than the amount of the
applicable minimum and maximum charge for the property established
under the by-law; and
(b) if necessary for a fiscal year to raise the amount referred to in
subsection (1) because a minimum or maximum charge applies to one
or more separately assessed properties or categories of separately
assessed properties in the prescribed class, the municipality shall for the
year adjust any charges applicable to the remaining individual
properties or subclasses of properties in the prescribed class by
adjusting the percentage or percentages of assessment established under
subsection (2) for those properties. 2001, c. 25, s. 208 (4).
Devry, Smith & Frank, LLP Page 9
Exclusion
5~ Section 210 does not apply to an adjustment made under clause (4) (b).
2001, c. 25, s. 208 (5).
Borrowings
(6~ If only a part of money borrowed by the municipality in any year for the
purposes of a board of management is required to be repaid in that year or a
subsequent year, only that part and any interest payable on the total amount shall
be included in the levies under this section in that year or subsequent year,
respectively. 2001, c. 25, s. 208 (6).
Priority lien status
7.~ Charges levied under this section shall have priority lien status and shall
be added to the tax roll. 2002, c. 17, Sched. A, s. 42.
Changes to boundary
209. The municipality may alter the boundaries of an improvement area
and the board of management for that improvement area is continued as the board
of management for the altered area. 2001, c. 25, s. 209.
Notice
210. (1) Before passing a by-law under subsection 204 (1), clause 208 (2)
(b), subsection 208 (3) or section 209, notice of the proposed by-law shall be sent
by prepaid mail to the board of management of the improvement area, if any, and
to every person who, on the last returned assessment roll, is assessed for rateable
property that is in a prescribed business property class which is located,
(a) where the improvement area already exists, in the improvement area
and in any geographic area the proposed by-law would add to the
improvement area; and
(b) where a new improvement area would be created by the proposed by-
law, in the proposed improvement area. 2001, c. 25, s. 210 (1).
Devry, Smith & Frank, LLP Page lO
When notice received
~ A person who receives a notice under subsection (1) shall, within 30
days after the notice is mailed,
(a) give a copy of the notice to each tenant of the property to which the
notice relates who is required to pay all or part of the taxes on the
property; and
(b) give the clerk of the municipality a list of every tenant described in
clause (a) and the share of the taxes that each tenant is required to pay
and the share that the person is required to pay. 2001, c. 25, s. 210 (2).
Objections
(3) A municipality shall not pass a byqaw referred to in subsection (1) if,
(a) written objections are received by the clerk of the municipality within
60 days after the last day of mailing of the notices;
(b) the objections have been signed by at least one-third of the total
number of persons entitled to notice under subsection (1) and under
clause (2) (a); and
(c) the objectors are responsible for,
(i) in the case of a proposed addition to an existing improvement
area,
(A) at least one-third of the taxes levied for purposes of the
general local municipality levy on rateable property in all
prescribed business property classes in the improvement
area, or
(B) at least one-third of the taxes levied for purposes of the
general local municipality levy on rateable property in all
prescribed business property classes in the geographic area
the proposed by-law would add to the existing improvement
area, or
(ii) in all other cases, at least one-third of the taxes levied for
purposes of the general local municipality levy on rateable
property in all prescribed business property classes in the
improvement area. 2001, c. 25, s. 210 (3).
Devry, Smith & Frank, LLP Page 11
Withdrawal of objections
~_~ If sufficient objections are withdrawn in writing within the 60-day
period referred to in clause (3) (a) so that the conditions set out in clause (3) (b) or
(c) no longer apply, the municipality may pass the by-law. 2001, c. 25, s. 210 (4).
Determination by clerk
(5~ The clerk shall determine whether the conditions set out in subsection
(3) have been met and, if they are, shall issue a certificate affirming that fact.
2001, c. 25, s. 210 (5).
Determination f'mal
L6_) The determination by the clerk is final. 2001, c. 25, s. 210 (6).
Repeal of by-law
211. (1) Council shall give notice in accordance with subsection 210 (1) of
a proposed by-law to repeal a by-law under subsection 204 (1) if the municipality
has received,
(a) a resolution from the board of management requesting the repeal; or
(b) a request for the repeal signed by persons who are responsible for at
least one-third of the taxes levied for purposes of the general local
municipality levy on rateable property in all prescribed business
property classes in the improvement area. 2001, c. 25, s. 211 (1).
Statement
(2) A person signing a request under clause (1) (b) shall state what amount
of taxes on rateable property in the area that the person is required to pay. 2001,
c. 25, s. 211 (2).
Time
L~ Council shall give the notice within 60 days after receiving the
resolution or request. 2001, c. 25, s. 211 (3).
Devry, Smith & Frank, LLP Page 12
Repeal
(4) Council shall repeal the by-law under subsection 204 (1) if requests for
the repeal are received by the clerk of the municipality within 60 days after the last
day of mailing of the notices and,
(a) the requests have been signed by at least one-half of the total number
of persons entitled to notice under subsection 210 (1) and under clause
210 (2) (a); and
(b) those who have signed the requests are responsible for at least 50 per
cent of the taxes levied for purposes of the general local municipality
levy on rateable property in all prescribed business property classes in
the improvement area. 2001, c. 25, s. 211 (4).
Timing
(5) The repealing by-law must come into force on or before December 31 of
the year in which it is passed. 2001, c. 25, s. 211 (5).
Requests withdrawn
f_~ If sufficient requests are withdrawn in writing within the 60-day period
referred to in subsection (4) so that either condition set out in that subsection no
longer applies, the municipality is not required to repeal the by-law. 2001, c. 25,
s. 211 (6).
Determination by clerk
(73 The clerk shail determine whether the conditions set out in clause (1) (b)
and subsection (4) have been met and, if so, shall issue a certificate affirming that
fact. 2001, c. 25, s. 211 (7).
Determination final
(8) The determination by the clerk is final. 2001, c. 25, s. 211 (8).
Restriction
~ If the conditions of subsection (4) are not satisfied, council is not
required to give notice under subsection (1) in response to a resolution or request
Devry, Smith & Frank, LLP Page 13
for a period of two years after the last mailing of the notices. 2001, c. 25,
s. 211 (9).
Non-application
(10) No requirement under this section or under section 210 applies to the
repeal by a municipality on its own initiative of a by-law under subsection 204
(1). 2001, c. 25, s. 211 (10).
Effect of by-law
212. A by~law passed under subsection 204 (1), subsection 208 (2) or (3),
section 209 or subsection 211 (4) is not invalid by reason only that,
(a) a person required to give a copy of a notice to a tenant or other
information to the municipality under subsection 210 (2) has not done
so;
(b) the objections referred to in clause 210 (3) (b) have not been signed by
at least one-third of the total number of persons entitled to receive
notice under subsections 210 (1) and (2) because a person required to
give a copy of the notice under subsection 210 (2) bas not done so; or
(c) the requests referred to in clause 211 (4) (a) have not been signed by at
least one-half of the total number of persons entitled to notice under
subsections 210 (1) and (2) because a person required to give a copy of
the notice under subsection 210 (2) has not done so. 2001, c. 25, s. 212.
Tenants
213. For the purposes of clauses 210 (3) (c) and 211 (I) (b), subsection 211
(2) and clause 211 (4) (b), a tenant shall be deemed to be responsible for the part
of the taxes that the tenant is required to pay under the tenant's lease or under
sections 367 and 368. 2001, c. 25, s. 213.
Devry, Smith & Frank, LLP Page 14
Dissolution of board
214. (1) Upon the repeal of a by-law under subsection 204 (1), the board
of management is dissolved and the assets and liabilities of the board become the
assets and liabilities of the municipality. 2001, c. 25, s. 214 (1).
Liabilities exceed assets
(2) If the liabilities assumed under subsection (1) exceed the assets assumed,
the council may recover the difference by imposing a charge on all rateable
property in the former improvement area that is in a prescribed business property
class. 2001, c. 25, s. 214 (2).
Regulations
215, The Minister may make regulations prescribing one or more classes of
real property prescribed under the Assessment Act as business property classes for
the purposes of sections 204 to 214. 2001, c. 25, s. 215.
Ma~,'-13-,04 03:2Gpm From-MARTIN SHEPPARD FRASER LLP
A Downtown Professional Building
From:
~ ~ 470'i St. Clair Avenue, 2r~ Floor
N. H, Fu rmston ~,V~, P.O. Box 9oo. Niagara Falls, Onta rio
furmston~martinshep.¢om Canada, L2E 6V7
SHEP I')A RD Telephone: (905) 354-1611
May 13, 2004 FRAaE]'~ LLP Toll Free: 1-800-263-2502
V X7 V Facsimile: (905) 354-5540
BARRISTERS & SOLiCiTORS
TRANSMI'I-rAL SHEET
TO: Mr. Dean Iorfida
FIRM; The Corporation of the City of Niagara Falls
FAX NO: 905-356-9083
OUR FILE REF: Downtown Board of Management (Niagara Falls)
OUR FILE NO: nla
WE ARE TRANSMITTING 4 PAGES INCLUDING THIS PAGE,
If you do not receive the full transmission, please contact Mary Lucyk
at 905-354-1611 or (in Canada and United States only) 1-800-263-2502
ORIGINAL WILL NOT FOLLOW
CONFIDENTIALITY NOTICE
This communication is privileged and confidential. It is intended for uae Only by the individual er entity to whom it is specifically
addressed and should not be read by, or delivered to any other person. Disclosure to or uae by other persona of this
c~rnmunicati~n may resu~t ~n the breach ~f certain ~aws ~r the ~n~rin~ernent ~f the righ~s ~f third par~ies- If you have receivecl this
c~rnmunica~onin~errer~P~ea$e~otif~u~irnrnediate~byca~ng~!~eabovete~eph~nenumber~ Thankyou.
COMMENTS:
Please see affached letter together with enclosures,
Thank you.
Naomi H. Furmston
NHF:ml
Ma~-lS-o4 OS:27pm From-g, ARTIN SHEPPARD FRASER LLP gO5 354 1042 T-80~ P.002/004 F-?5E
Downtown Professional Building Inc.
4701 St. Glair Avenue, 2"d Floor
P.O. Box 900
Niagara Falls, Ontario L2E 6V7
Telephone: (905) 354-1611
Facsimile: (905) 354-5540
May 13, 2004
The Corporation of The City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Attention: Mr. Dean Iorfdda - City Clerk
Dear Mr. Iorfrida:
Re: 4701 St. Clair Avenue, Niagara Fall-~
Downtown Professional Building inc. ("DPBI") is the owner of 4701 St. Clair Avenue, Niagara Falls,
and pays the municipal taxes levied thereon.
DPBI authorized Mordechai Grun to vote on its behalf at the general meeting of the Downtown
Niagara Falls Board of Management held on February 12, 2004~
DPBI authorized Naomi Furmston to vote on its behalf at the general meeting of the Downtown
Niagara Falls Board of Management held on Apd128, 2004.
Yours very truly,
Downtown Prof~/~l~uilding Inc.
Per: O. Rand~l~B~oyc~.._.____~
President
JRB:ml
May-13-D4 03:ZTpm From-MARTIN SHEPPARD FRASER LLP 905 354 104Z T-G03 P 003/004 F-T52
^
J, R. Boyce J.A. Sissons ~ Downtown Professional Building
R.L. Steele F, A. Fraser ~kV~k 4701S t. Clair Avenue, 2nd Floor
G, H. Enskat W. L, MacPherson P.O. Box 900, Niagara Falls, Ontario
J, L. Jones N.H. Furmsh3n Canada L2E 6V'7
R, E. Peters MARTIN
SHEPPARD
Refit*O' FRAS ER LLP Telephone: (905) 354-1(511
F.J. Matthews, Q.C.' V ~' V Toll-flee: 1-800 263-2502
A.F. Shepperd, Q.C.* Facsimile: (9(35) 354-5540
SARRISTERS & SOLICITORS
May 13, 2004
Facsimile to 905-356-9083
The Corporation of the
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontado
L2E 6X5
Attention: Mr. Dean lo.da
Dear Sir:
Re: Downtown Board of Management (Niagara Falls)
Further to your request to Dorothy Duncan, Administrative Assistant of the Downtown Board of
Management, please see attached.
'Enclosures
~ay-IS-~4 Og:ZTpm From-~RTIN SHEPPARD FRASER LLP gOB SB4 104Z T-603 P.004/004 F-?B2
DOWNTOWN PROFESSIONAL BUILDING INC.
Downtown Professional Building Inc. hereby authorizes Naomi H. Furmston as
proxyholder0 with power of substitution, to attend and vote for the undersigned at the general
meeting of Downtown Niagara Falls Board of Management to be held at the Queen Street
Pharmacy, 4421 Queen Street, Niagara Falls, Ontario on April 28, 2004 and at any
adjournments on such business as may properly come before the meeting hereby revoking any
proxy previously given.
DATED at the City of Niagara Falls this 28~ day of April, 2004.
Downtown ~onal Building Inc.
J.R. E~"cce - J ~
President
Clerk's Department Nlognro o,s
Inter-Departmental Memorandum
To: Mayor Ted Salci Date: May 3, 2004
& Members of Council
From: Dean lorfida
City Clerk
Ext. 4271
Subject: Downtown B.I.A.
Council received, via e-mail, two letters from Mr. Carmen Tartaglia, which are attached for your
information.
In general terms, Mr. Tartaglia's concerns are over spending on lawyers and consultants in the Cell
Block ease, the three-fold increase to the B.I.A. budget and the legitimacy of the Downtown Board.
As Mr. Tartaglia mentions, he had submitted a letter of protest when the new Downtown Board was
elected early this year. At the time I prepared report CD-2004~05, Ratification of Downtown
Board of Managcmcnt (see attached). The report never went to Council because Mr. Tartaglia
withdrew his letter of protest.
The particulars of my report still apply:
them is no obligation for municipal staffto "referee" B.I.A. disputes or oversee B.I.A.
elections and meetings.
the Downtown Board has a constitution in place which outlines procedures on voting,
proxies etc.
there is a renewed interest in the downtown. Them are new members on the board and,
the fact that the Board is looking at a substantial increase in their budget, shows a more
proactive approach then in recent years.
It should also be noted that although Council does have the authority "to refuse to appoint persons
selected by the members of an improvement area", Council approved the slate of officers forwarded
by the Downtown Board of Management at the March 8~ meeting (see attached).
Wor~ing T0ge~ar to Seroe Our Commanit~
Carmen Tartaglia
6808 Cherryhill Dr.
Niagara Fails, ON
L2E 5NI
April 26, 2004 E-Mailed & Hand Delivered
TO: Mayor Ted Salci& Council Members
RE: Downtown Board of Management General Meeting Scheduled for
Wednesday, April 28 2004
A General Meeting has been scheduled to discuss and ratify an operating budget for
2004. I strongly request your assistance in reviewing the legitimacy of this existing
board.
Accompanying is a letter dated February 23, 2004, which I originally intended for your
action. However, at the last minute, I asked Dean to withdraw it from the agenda as I felt
the downtown needed cohesiveness at the time since our fight against the Cell Block was
close to resuming. Unfortunately, too many things have since transpired and I now am
fearful of this Board (which I still feel is illegal) continuing to operate. In part for the
following reasons:
At the General Meeting of February 12, 2004, (attended by Mayor Salci and Alex
Herlovitch) the majority voted to pay John Hopkins' outstanding legal bill and
continue using his services as our lawyer at the AGCO hearing resumption
regarding the Cell Block. The new Board immediately reversed the decision to
keep John Hopkins and paid him only after he threatened to sue them and
subsequently retained a Toronto lawyer at a much higher fee. The case was
adjourned without resuming. No new date has yet been set and this new lawyer
has already been paid ten thousand dollars.
The new Board is suggesting the hiring of Redevelopment Concepts International
(RCI Consulting) to assist in the fight against the Cell Block for a suggested fee
of over ten thousand dollars. Much of what they are proposing to do has
already been done by John Hopkins and in the form of testimony at the hearings
to date. The company is already contracted by the City doing the CIP and the
opposition is sure to question the possible conflict of interest of such a witness
The new Board is proposing to triple propert}, owner's BIA levies to form a
budget of one hundred eight' thousand rlollars from its current sixty
thousand dollars.
I feel that some of these Board Members are sitting illegally as they do not pay a portion
of this levy and consequently would suffer NO financial consequence from raising it.
Myself and my partners have now accumulated 6 properties along Queen St. consisting of
I 0 slores and 30 apartment units. We will suffer the financial burden of any decisions
made by such a Board.
I respectfully request this Council review the legitimacy of the current Downtown Board,
take the necessary steps to dissolve it and require a new election be held. At that
election, it is imperative that City Clerk Dean Iorfida be present to scrutinize voting so
that only qualified voters are allowed to vote. Further, that no one be allowed to sit on
the Board if they are in City tax arrears.
Yours truly,
Carmen Tartaglia
c/o Roberts Jewellers
Queen St.
Phone: Bus. 905-354-2551
Res. 905-356-3183
Cell 905-327-2788
cc: City Clerk Dean Iorfida
Alex Herlovitch
Carmen Tartaglia
6808 Cherryhill Dr.
Niagara Falls, ON
L2E 5N1
February 23.2004 HAND DELIVERED
TO: Mayor Ted Salci & Council Members
RE: Downtown Board of Management Election Held on February 12, 2004
l wish to draw your attention to election violations that I feel occurred at the Downtown
Board Election held on February 12, 2004 and should render the election results invalid.
I have reviewed the Municipal Act of 2001 prior to writing this letter.
In my opinion, the voting and results now appear to me to be in violation oftbe
Municipal Act Part V entitled "Business Improvement Areas". At least two sections
were violated: Sec. 204(4) Who is a Member, and, Sec. 204(6) Who can Vote. It now
appears to me that only one owner ora property can vote (even in partnership situations)
and you have to be an owner in the BIA in order to be elected to the Downtown Board.
I would submit these two sections were confusing to myself, my wife Anna, and others at
the meeting. I now realize that we and others inadvertently cast votes that night in
violation of the Municipal Act. In addition, it appears to me that some elected Directors
are in the same predicament.
In thc case of myself and my wife, we own in equal partnership with Sal and Mary
DiPietro, 5 commercial properties on Queen Street and apparently only one of us can
vote and only one of us is eligible to hold an elected position as a Director on the Board.
I have spoken to Sam and Angle Stevens and they both voted on February 12, 2004 when
in fact it appears only one was entitled to do so.
In the case of the Queen Street Medical Building and Pharmacy, I believe that elected
Director, Dr. Joanna Hill, could simply be a tenant and not listed as an owner on thc
Property Assessment thus rendering her ineligible to be elected. The same is true for
elected Director Naomi Furmston as she is only an Associate of Martin Sheppard Fraser
not a Corporate Partner.
At the meeting, proxy votes were presented by Scott Rogers and Mordecai Grun on
beha[ fo £ at least 13 people. I suspect some of these people were not eligible voters under
thc Municipal Act definition of "Who can Vote".
As I mentioned earlier, we own 5 properties, which consist of 6 businesses and several
apartments. We are also tenants in the operation of Roberts Jewellers. We have a
substantial cash investment here and obviously have nothing but the best interest of
downtown at heart.
I have pointed out several violations of the Municipal Act which in my opinion occurred
and would make the Februau 12, 2004 election results invalid. Therefore, I feel it is
incumbent upon you as Council to require that a new election be held.
I would respectfully suggest the following:
.~ The election be held under the control of a City Hall Representative who would
possess a list of all assessed owners so that any individual receiving a ballot is
verified against the list (proxies should also be verified against the list)
Any eligible person seeking office is confirmed as having their properly taxes
paid, as it would be hypocritical of anyone to suggest that they have the best
interest of Downtown in mind while they are in arrears
If you have any questions, please feel free to contact me at 905-354-2551 or
905-356-3183.
Yours truly,
Carmen Tartaglia
cc: City Clerk Dean Iorfida
M&~ 06 04 ll:02p Viotoria-Centre BI8 905-3SB-S8~1 p. 1
TOURIST AlIA
Mr. Dean Iorfida
City Clerk
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
May 6, 2004
De~ Dean:
The Fallsview BIA has finalized the budget for the year 2004. We have set our budget at $500,000.
Please subm.it this to City Council for approval,
As was done last yeax the funds can be issued to the assodation as we have a bank account in place.
Thank you for your assistance in this matter.
Y,
Sue McDowell
Administrator
5400 Robir, lon Sfreef 2.nd floor - Niagara falls, Onfario. Canada. LZG 2A6
lei: 905.358.7999. fax: 905.358.9974
TOURIST
February 11, 2004
Mr. Dean Iorfida
City Clerk
City of Niagara Falls
4310 Queen St.
Niagara Falls, Ontario
Dear Dean,
The Fallsview BIA is requesting to have Vince Kerrio Jr. be the representative
from city council for our Board of Directors.
Respectfully yours
woll
^dmini~trator
5400 Robinson Sfreef 2nd Floor . Niagara Falls, Onfario. Canada · L2G 2A6
~faJJsvie~ia.com ~ ~N,,,~tg ,~..~
Mayor Ted Sal~ and Members of Council SENT BY F~ TO: (905) ~56-9083
Cby ~ Niagara Falls
4310 Qu~n Street
P.O. Box 1023
4056 DORCHESTER ROAD Niagara Falls, Ontario
NIAGARA FALLS L2E 6X5
ONTARIO L2E 6M9
Dear Mayor Salci and Council:
The Niagara Falls Chaser of Commer~ has leam~ the Regional Munidpalffy
of Niagara made an e~or in the amount of Niagara Falls sewage p~ed at
regional tre~ment plants be~een 2000 and 2003.
On Janua~
discuss wa~er and sewer rates ~arQ~ to indu~. At th~ ~ime we ask~
Council to consider giving indust~ relief from high water and s~er rates. We
remind you that indust~ pays a water ratio 75:1 ofth~ paid by residents.
The industrial se~or is fa~d wi~h ever increasing operating ~sts. Industrial
t~es in Niagara are higher lhan many other municipalities in the pmvin~. Job
loss from industrial closures or restru~udng has resuffed in mom than 2,800 jobs
Io~ in Niagara over the last few yearn. InduM~ ~nnot absorb ever increasing
operating ~sts and ~ntinue to su~fully ~m~te in a global ~nomy. Our
Chamber ~ Commer~ is con~rn~ th~ ] a~ion to help indust~ does n~
materialize we will lose more indust~ and much needed jobs.
When we ap~ared ~fore Coundl we ask~ thai the w~er s~ice charge
based on ~nsumption similar to the sewer supply charges anQthat the fl~ r~e
cha~es on water meter size ~ reduX. Fu~her, we asked th~ Council f~ze
water rates for ~he 2004-o~mtinQ year.~
Coundl approved 20~ wa~er ~es based on ' ml~inQ to
~sts of sewage pressing by the R~ion. In ge
Coun~l to revis~ ihe 20~ water r~es. If eve~
wa~er user in Niagara Falls we ho~ the ~ the same
across all s~om. This is the only way to ensure t as
indust~ are reimbumed equ~a~) made over the last
TELEPHONE four years.
905.374.3666
inf°~n~agarafa schamber c°m
w[es[r[ President'
www niagarafa Ischamber corn "
April 19, 2004 o N T A R I O
Some things can't be replaced.
Dear Mayor:
I am writing to seek your assistance and support for our 13~ Annual Green Ribbon of Hope m Campaign,
held throughout the month of May and culminating .in National Missing Children'e Day dn May 25m, 2004.
Each year, over 66,000 cases of missing children are entered in the Canadian Police Information Centre
(CPIC) -~ enough to fill every seat in the SkyDome. These -hildren and teenagem am classified as
runaways, wandered off, or the victim of parental or stranger abduction. Thankfully, over g0% of missing
children are recovered, you can [lay a vital i'ole In publicizing this issue to our citizens, as well aa promoting
child safaty, by supporting the 13 Annual Green Ribbon of Hope Campaign.
Child Find Ontario Inc. is a registered non-profit, charitable organization whose mandate is to educate
children and adults about child safety as well as to assist in the search for missing children and teenagers.
For 20 years, we have been worldng for the safe return of missing children and educating families and
communities about child safety. With over 1,000 volunteem working il) 18 chapters. Child find has an'active
and positive presence in the ctmmunifies we serve.
You are invited to help us provide the broadest recognition possible to impart the significance of the Green
Ribbon of Hope Campeign. Attached are samples of proclamations that we encourage you to provide in
support of our efforts The proclamations are to support both out.Green Ribbon of Hope Campaign in the
month of May and for National Missing Children's Day on ~e 25'" of May. This ~s accomplished each year
through a variety of means, including a media conference held .on Nation Missing children's Day, that
focuses on parents of miss'lng ohlldren seeking the safe return of their children. Child Find also distributes
more'than 100,00 'Green Ribbons" pmv!ncially in communities like yours. The Ribbon is a symbol of hope
and a reminder of the impbrtanca of child safely practices.
We would be honored if you would play a key role in our efforts to safeguard our children by lending us the
support of your office and elected colleagues for our 13~ Annual Green Ribbon of Hope Campaign. We
have also enclosed a "Green Ribbon' which I u~le you to wear during the month of May.
"Some things can't be replaced", and child Find Ontario, looks to your leadership and support in this
provincial campaign. Please don't hesitate to contact our local office for more information on how your
commum~ity and help to spread hope for the safe return of all missing childrsn. If you have an event coming
up, wa would be happy to provide you with additional ribbons, campaign posters, coin boxes andfor
educational material. Together we can protect our youth fram abduction and exploitation and provide the
safety and. prosperity of our community.
Sincerely,
Executive Director
Provincial Head Office
295 Robinaon St,, Suite 200 · Oakvllie, Ontario · C~nada L6J 1 G7
.~~,,.~. Victorian Infirmibres NIAGARA BRANCH .
Order de I'Ordre SUCCURSALE DE NIAGARA
of Nurses de Victoria
Ca g [
March 23, 2004
COMMVNn¥ City of Niagara Falls s° %Vie
HE^LrH 4310 Queen Street
SERVICES Niagara Falls, ON
visiting L2E 6X5
Nursing
Palliative Attention: Mayor Ted Salci
Care
Pediatric Re: Flag Raising Ceremony
Services National VON Week
Peritoneal May 17 - 23, 2004
Dialys~s
Intravenous Dear Mayor Salci:
Therapy
Respiratory VON Niagara is celebrating National VON Week on May 17 - 23, 2004, as well as
Care
celebrating the Niagara branch's 85th anniversary of providing health care service in our
Continence community.
Management
Services
Wound C~re / We ask, once again, for your show of support in displaying and participating in a VON flag
Snterostomal raising ceremony at your City Hall location.
Therapy
Mental Please contact Jacinta Kovich at 905-641-1077 ext. 307 to book a convenient time on May
H~!th 17, 2004. We look forward to your positive response to our request.
Private Nursing
& Home Sincerely,
Support Services
Occupational ,.-
Health
Services Roge~ No[ton
Living With Executive Director
Wellness Ctinics RN:j&k
Flu Clinics
3300 Merrittville Hwy., Unit/bureau 3
Thorold, Ontario
L2V 4Y6
Telephone/T6lSphone 905-641-1077 Fax/'Tglgcopieur 905-64I.,5530
Community Services Department BBS-2004-02
The Cily of Building & By-Law Services John Castrilli
Niagara Fall 4310 Queen Street Director
Canada P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 374-7500
E-mail: jcastrilli@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: BBS-2004-02 - Sign Variance
Jain Imports, 4080 Montrose Road
RECOMMENDATION:
That the Committee recommends the approval of the Sign By-law variances to Council
BACKGROUND:
The owners are proposing a second ground sign at the above location, whereas the by-law permits
only one based on the existing street frontage of 30 feet. The property does have additional frontage
of 135 feet on the Q.E.W. Highway, however; this cannot be considered in by-law terms. The
proposed sign will be located closer to the Q.E.W. and a permit from the Ministry of Transportation
has already been issued.
P~ge '~-__~ JohnReSpectfully~tg~~t//Yl~MacDonaldsubmitted:
Chief Administrative Officer
1
& By-law Services
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
Exhibit A
SIGN PERMIT
Ministry
ol, $G-2003
Transportation AI, PL~CANT
[~ CLtcus ~o~ld Diag, ~TD.
4080 ~o~t~ose ~o~d 5VAT ~le~ronlcs
~iagaza Fells, On, L2H 149 4080 Montzose
Niagara FallS, On, LZH 1J9
p~~ONS: .... .-~:-- -, an- k~nd. {2) No electronic m~ssages are allowed
{~nning messages, fl}~s~, t=ivi~i~,, ....... k~s -ro--ztv a~ any time. (5) An~ alterations to this sign
TYPEO]~SIGN~, Loc.~tion - pylon S£~n 0,00 m
Di~CE~OM~G~AYPRO~R~ 3.05 ~ DiST~C~FROM~G~AYCg~L~:
, ON SIGN:'
SV~T, Surveillance products
HF~GItT OF SIGN: 27.62 LOTNO.:I9 CON. NO.: At, EAr 4G.00 Sq. ·
GEOGRAPHIC TOWNSH~: Stamford PLAN NO.:
MUNIC~ALIT~: Niagaza Falls {{WY. NO.:
COU]~I'Y/D[ST~G.I Niageze FEE: $ 690.00
· .~IRYDATF~ September 29 2004 .............................................................................
Mnnagor, Cor~or Ma~m~t O~e
Community Services Department BBS-2004-03
The City of Building & By-Law Services
John
Castrilli
Niogora Fallsyjk---- 4310 Queen Street Director
Can--' '--- P.o. Box 1023
Niagara Falls, ON L2E 6X5
~-F web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 374-7500
E-mail: jcastrilli@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: BBS-2004-03 - Sign Variance
Hilton Hotel, 6361 Fallsview Boulevard
RECOMMENDATION:
That the Committee recommends the approval of the Sign By-law variance to Council.
BACKGROUND:
This new hotel is proposing to install a large ground sign near the main entrance on Fallsview
Boulevard. The proposed sign is 40 feet high and has a sign area of 210 square feet whereas the by-
!aw permits a maximum height of 25 feet and a maximum area of 200 square feet. The sign structure
~s considerably larger (approximately 750 square feet), however, this is not normally considered in
determining the area of the sign. The proposal is generally in keeping with the overall nature of the
area, but it should be noted that a 70 square foot video display is included in the design.
Respectfully submitted:
¢¢,o:
MacDonald
Manager of By-Law Services Chief Administrative Officer
~ctor of Building & By-law Services
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
LEGEND
Corporate Services Department F-2004-35
· ~-,,. Finance Division Kenneth E. Burden
The C~ty of jrj'~ll~ 4310 Queen Street Director
Niagara Falls JJ~.~ll~ P.O. Box 1023
,J Niagara Falls, ON L2E 6X5
web site:www.city.niagarafalls.on.caCariada
Tel.: (905) 356-7521
Fax: (905) 356-2016
E-maih kbu rden@city.niagarafalls,on.ca
May17,2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-35 - Financing Lease Report
RECOMMENDATION:
For the information of City Council.
BACKGROUND:
The amendment to Ontario Regulation 46/94 filed September 20, 2002 under Ontario's Municipal
Act requires municipalities to analyze and disclose specific standardized information on financing
lease agreements. Municipalities have to produce, at least once a year, a report on all finance leasing
agreements and transactions entered into by the municipality.
The attached Schedule "A" shows all of the City of Niagara Fails' current leases in compliance with
the requirements of the amended regulation. In summary, this schedule shows that:
the total cost of all leases is less than one-half percent of the annual levy
no one lease individually, nor all collectively, represent any material impact to the municipality
the City's 2004 debt level is $1,474,763, which is well within the limit set by the Ministry of
Municipal Affairs and Housing which is 25% of Revenue Fund Revenues ($94.7 million)
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems Legal Planning & Development
May 17, 2004 - 2 - F-2004-35
CONCLUSION:
Presentation of this report ensures that Council is provided full disclosure on the impacts of these
leases on the budget and debt capacity.
It is the Treasurer's opinion that these leases, individually and collectively, do not represent any
material impact to the municipality. The City of Niagara Falls' debt level and capacity, including
these leases, is well within the limits set by the Ministry of Municipal Affairs and Housing.
Recommended by: Respectfully submitted:
K. E. Burden .
Director of Finance ve Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
City of Niagara Falls
Existing Leases
As at: March 31, 2004
Item Beinq Leased Vendor / Finance Co. Annual Cost Term of Lease Renewal Date
(excl. taxes / ins)
Post Office Box Canada Post $380.00 1 Year Annually renewed
Safety Deposit Box ScotiaBank $80.25 1 Year Annually renewed
Photocopiers:
Fire Department CitiCorp Vendor Finance Ltd $6,732.00 60 months June 2007
Fire Department CitiCorp Vendor Finance Ltd $342.00 60 months June 2007
Parking & Traffic ClT Financial Ltd. $1,770.00 60 months December 2005
Cemetery ClT Financial Ltd. $1,944.00 60 months December 2005
Niagara Fails Arena CIT Financial Ltd. $2,310.00 60 months December 2005
Finance ClT Financial Ltd. $5,046.00 60 months December 2005
Legal / Clerk / HR / Planning CitiCorp Vendor Finance Ltd $3,556.53 60 months February 2006
Service Ctr CitiCorp Vendor Finance Ltd $981.60 60 months February 2006
Parks CitiCorp Vendor Finance Ltd $516.60 60 months February 2006
Business Development CitiCorp Vendor Finance Ltd $465.00 60 months February 2006
Fire Department CitiCorp Vendor Finance Ltd $249.00 60 months February 2006
Water CitiCorp Vendor Finance Ltd $249.00 60 months February 2006
Print Shop CitiCorp Vendor Finance Ltd $15,120.00 60 months June 2006
Legal / Mayor ClT Financial Ltd. $3,660.00 60 months October 2005
Building / By-Law ClT Financial Ltd. $4,020.00 60 months December 2007
Library $6,908.76
Coronation Centre ClT Financial Ltd. $1,800.00 51 months January 2006
Multi PDL Print Kit - Clerk ClT Financial Ltd. $1,320.00 60 months November 2005
Telephone System MTC Leasing Inc. $2,719.80
Vehicle ReFueling System - Arena ClT Financial Ltd. $1,133.04
Vehicle ReFueling System - Arena CIT Financial Ltd. $2,434.32
Zamboni - Stanford Mem. Arena Bodkin Leasing $4,698.24 60 months June 2006
Stamford Centre Branch Library T & C Holdings $59,610.36
Hydro Land Lease
Pt Lot 56,9,10 $7,150.00
Total Annual Cost $135,196.60
City of Niagara Falls Total Debt (Including Leasing Costs) $1,609,959.50
Debt Capacity as per MMAH $23,675,000.00
H:\Spreadsheets~004 Leases.qpw 14~May-04, cjb
Corporate Services Department L-2004-27
The City of ~/ Legal Services R.O. Kallio
la~J~. 4310 Queen Street City Solicitor
Niagara
Foils
P.O. Box 1023
CQr~QdQ?.~,,~~ Niagara Falls. ON L2E 6X5
~1~v- I~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
May17,2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City o£Niagara Falls, Ontario
Members:
Re: L-2004-27
1546952 Ontario Limited
Consent for Application for Absolute Title
Our File No. 2004-50
RECOMMENDATION:
That Council consents to an Application for Absolute Title of 1546952 Ontario Limited and waives
notice therein over Part i on the preliminary plan attached as Schedule "A" to this Report ("subject
lands").
BACKGROUND:
At its meeting of February 23, 2004, Council declared the subject lands surplus and offered same for
sale to the abutting owner to the west, 1546952 Ontario Limited, for fair market value. On March
19, 2004, The Corporation of the City of Niagara Falls sold the subject lands to 1546952 Ontario
Limited.
Mr. Brian Sinclair, solicitor for 1546952 Ontario Limited, advised that his client is applying for
Absolute Title of the subject lands and requested that a Consent and Waiver of Notice be executed
by The Corporation of the City of Niagara Falls as the City is the owner of the abutting lands to the
east of the subject lands.
Working Together to Serve Our Community
Clerks · Finance Human Resources Information Systems Legal · Planning & Development
May 17, 2004 -2- L-2004-27
Staff has no objections to consenting to and waiving the notice for an Application for Absolute Title
of 1546952 Ontario Limited.
epa?~ Respectfully submitted:
Pr by:~
MaW M~one .~ John MacDonald
Law C10fk Chief Administrative Officer
~ ~~Y:
(allio
Cit, Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
MM/lb
attachs.
~ ~ TOWNSHIP OF WILLOUGHBY)
~ REGIONAL MUNICIPALI~ Of NIA~RA
~RVEYOR'S CERTIFICATE
SCHEDULE "~
Community Services Department MW-2004-83
Municipal Works Ed Dujlovic, P. Eng.
The City of 4310 Queen Street Director
Niagara Falls P.O. Box 1023
Niagara Falls, ON L2E 6X5
Canada web site: wvcw.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-83
Tender NP-02-2004
For the Supply of Ready Mix Concrete
RECOMMENDATION:
It is recommended that the supply of ready mix concrete be awarded to Lafarge North America and
Cotton Ready Mix of Niagara Falls, Ontario.
BACKGROUND:
Tenders for the unit price of ready mix concrete per cubic metre was called by the Niagara Public
Purchasing Committee. Lafarge North America was the low bidder for concrete mixes ranging from
20 Mpa to 35 Mpa and Cotton Ready Mix was low bidder for Unshrinkable Fill.
Prices on this tender represent approximately a 7% increase from the 2003 cost. This amount will be
drawn from account # 11-3-313000-030000.
Councils' concurrence with this recommendation would be appreciated.
~55mmended by: Respectfully submitted:
(~/?Tom Muss~i/~p''~/'~'~ -~ Joia
Assistant Operations Superintendent Chief Administrative Officer
Ed Dujlovic, P.Eng
Director of Municipals Works
/lt
Attaclmnent
I~orking Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Buildin~l & By-Laws
Community Services Department MW-2004~84
Municipal Works Ed Dujlovic, P. Eng.
,41~A. ~ 4310 Queen Street Director
]'he
City
of
Fallsl.~ P.O. Box 1023
Niagara
Niagara Falls, ON L2E 6X5
Can~~ web site: www,city.niagarafalls,on.ca
~~.~1~1~1~ -I Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih munwks@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-84
Tender NP-01-2004
Supply of Bituminous Patching Materials and Asphalt Emulsions
RECOMMENDATION:
it is recommended that the supply of Bituminous Patching Materials, be awarded to Lafarge
Construction Material and Matrex Company as outlined on the attached summary sheet.
BACKGROUND:
Unit price tenders for the supply of hot and cold mix asphalt materials were called by the Niagara
Purchasing Committee in 2004.
Lafarge Construction Materials was not the lowest bidder for the supply of Hot Bituminous Asphalt
Material as noted in the attached summary chart. However, the travel times required to deliver
material from the Iow bidder does not make it economical for the City of Niagara Falls to purchase
material from them. The 2004 price is a 3 % increase above 2003 prices.
Matrex Company of Locust Hill, Ontario was the low bidder for the supply and delivery of Emulsified
Asphalt Patching Material. The 2003 price for the I. A. R. product is 6.5 % decrease in the 2004 price.
This amount will be drawn from account # 11-3-311000-030000.
mended by: , A~,.~ov~
ussari Ed Pujlovic, P.Eng.
Assistant Operations Superintendent Director of Municipal Works
Working Together to Serve Our Community
Municipal Works Fire Services Parka, Recreation a Culture Business Development Building & By-Laws
May '1 '~, 2004 - 2 - MW-2004-84
Respectfully submit:
.,~ Jotm MacDonald
Chief Administrative Officer
/It
Attachment
Community Services Department MW-2004-86
Municipal Works Ed Dujlovic, P. Eng.
4310 Queen Street Director
The Cily of ~l~ld P.O. Box 1023
Niagara Falls, L2E 6X5
Niog(3rcl FClIIs Il ~,~r ON
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
~1~~ Fax: (905) 356-2354
E-mail: m unwks@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-86
Tembec Dust Suppressant
RECOMMENDATION:
It is recommended that Staff be authorized to purchase approximately 350 tonnes of Tembec at a cost
of $120.08 per torme, (26.5%) and $136.45 per tonne (35%) from Marine Clean Limited of Niagara
Falls, Ontario.
BACKGROUND:
The 350 tonnes of Tembec are intended for use as a dust control agent on our rural roads.
The 26.5% Tembec concentration has been used in the past. Since 1997 the 35% Tembec
concentration has been used on heavier travelled roads to provide greater road stabilization.
In 2001, Marine Clean Ltd. was the sole bidder for the Dust Suppressant tender. The 2004 cost
represents an increase of 7.8% for the 26.5% Tembec and 5.6% for the 35% Tembec. This is the first
increase from the 2001 prices. The increase is due to product cost as well as fuel costs. Sufficient
funds have been budgeted for this activity. This amount will be drawn from account # 11-3-312000-
0000.
Council's concurrence with the above recommendations would be appreciated.
Prep ar~~£AA_2...~ R¢~f~l~/mitt ed
Tom M'nssaeff ~ John MacDonald
Assistant Operations Superintendent Chief Administrative Officer
Ed Dujlovic, P.Eng.
Director of Municipal Works
/lt
attach
WorMng Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
04/29/2004 13;48 FAX gO5 3156 1774 SUPPLY & SERVICES [~002
04/29/2004 ~3:2g FMI g06 358 7631 ~IN~ CL~ LTD ~0o2
INE C AN
P.O ~OX 78~ ~tatio~ Main, 6220 Do~ Murle Street Lim~
Niagara FElls, OnteHe ~E 6VG
Telephone ~05.356.5553 Fac=ltalic 906.3~6,7~31
2004
The City oflqiai~ra Fell=
City H~ll
P.O. Box 1023, 4310 Queen Sheet
L2E
Dear Sirs:
~ne Cl~u L~ted ~ pl~d ~ ~it 2004 ~C~8 for T~ ~st Su~ess~: ~DS)
delivc~d ~d a~aed. We ~ve ~ie~ 0W In~ ~, ~d roseately M=~e
Limi~d is ~[e ~o hold ~e 20~ ~ ~ no in==~ ~ ~e 2004 sony ~n.
~e Cle~ Limit~ hM ~ Io~ qe~es ~00 G~O~)~, w~ch ~e reflecmd
E~C.). oy ~ ~dai~ I~S ~ 3.500 ~10~. ~e ~ ne~ ~rlcin~ "~'~
We h~e ~s ~ll ~s~ you in pl~nin~ ~d s~ulinS e~ive applic~fio~ to m~ your
b~ fm.~ for 20~.
D~t Sao~r~sant PH~e fQr Ci~ Of NiaEar~ Fsll~
S~ard 26.5°~ go~nla ~im~ Q~. 3,500 ~ons or ~ "~" Applics)
lm~ed 3~ ~O~a ~0~!~ ~um ~, 3,500 Gallo~ Or ~ "B" App~s)
- $136,45~ $0,?lS/ig S0.158~
(11/2§/2004 1~:50 FIIi 905 ~56 1774 SUPPLY & SI~I?¥ICES ~1003
t~i/2~/zO04 1~:29 F&~ 905 35~ 7~31 ~I~ c~ LTD ~00~
P~2 ~2
· 35,0~o Fo~u~ ~ ~,80/~ ~.1~6~
~ ~e
for ~
Community Services Department MW-2004-87
Municipal Works Ed Dujlovic
The City of 4310 Queen Street Director
Niagara Fails P.O. Box 1023
Canada Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.o n ,ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih edujlovi@city.niag a rafalls.on .ca
May 17, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls
Members:
Re: MW-2004-87
Contract 2004-02
2004 Sidewalk & Concrete Repair Program
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction
Limited, be accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened
tenders on Tuesday, May 11, 2004 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by five (5) Contractors and three (3) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the
three (3) Contractors.
1. Alfidome Construction Limited (Niagara Falls) $438,180.00
2. Sacco Construction Limited (Niagara Falls) $443,350.00
3. Centennial Construction And
Contracting (Niagara) Inc. (Niagara-on-the-Lake) $448,075.00
The lowest tender was received from Alfidome Construction Limited in the amount of
$438,180.00. This Contractor has previously performed similar type projects for the City. We are
therefore, of the opinion, that this Contractor is capable of successfully undertaking this project.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
MW-2004-87
2
Financing:
The Engineer's estimate for this contract was $450,000.00
Project Costs:
Awarded Contract $438,180.00
Net G.S.T. 3% $ 13,145.40
TOTAL $451,325.40
Funding:
2004 General Purposes Budget
Roadway Services Sidewalk Maintenance Services
Account No. 11-3-313000-080001 $450,000.00
AccountNo. 11-3-313000-040000 $ 5,000.00
TOTAL $455,000.00
This project is scheduled to commence on June 1, 2004, and all work to be completed within 50
working days. Additional work may be added, up to the budgeted amounts.
Council's concurrence with the recommendation made would be appreciated.
Prepared by: Respectfully Submitted by:
Mike DiPaola ~ John MacDonald
Project Manager Chief Administrative Officer
Ed Dujlovic
Director of Municipal Works
S \REPORTSX2004 Reg'on sLM W 2004 87 - 2004 Sidewalk & Concrete Repak Program wpd
Corporate Services Department PD-2004-42
Planning & Development Doug Darbyson
The Cily of 4310 Queen Street Director
Niogoro Foils P.O. Box 1023
Niagara Falls, ON L2E 6X5
Canada web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: plan ning@city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-42, City-Wide Community Improvement Plan (CIP)
Itiring of Consultant
RECOMMENDATION:
It is recommended that Council authorize the hiring of, and execution of an agreement with, RCI
Consulting to prepare a City-Wide Community Improvement Plan to facilitate brownfield
redevelopment and develop a land use plan for the development of a pilot project area.
BACKGROUND:
The Planning & Development and Business Development offices have undertaken a joint study
project to prepare a comprehensive planning document which will serve as a stimulus for the
redevelopment of former and underutilized industrial and commercial properties. One component
of the study is the preparation ora City-Wide Community Improvement Plan with a set of policies
which incorporate a financial incentive program for Community Improvement Areas and, in
particular, focus on brownfield sites within the City. Another component of the project is the
development of a detailed Community Improvement Plan (CIP) with land use policies for a pilot
brownfield site which will serve as a model for future CIPs.
Financing for the study is coming from the Federal Green Municipal Enabling Fund (maximum
$75,000) with matching funds provided by the City, Region and other project stakeholders (Cytec,
Mountainview Homes and Canadian Niagara Hotels). The Region and stakeholder partners are
contributing an aggregate total of $45,000. Sufficient funds have been allocated in the 2004 budget
to cover the City's portion.
The consultant's cost for the project is $128,494 (inclusive of disbursements and taxes) which is
within the $130,000 project budget. The consulting team anticipates that the project can be
completed within approximately nine months.
A request for proposals was sent out to 17 planning and environmental firms. It was anticipated
firms would team up to provide the necessary planning, economic and environmental expertise
necessary to create a successful plan. Three proposals were received. The technical committee
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal Planning & Development
May t7, 2004 - 2 - PD-2004-42
selected the study team consisting of RCI Consulting, as the lead consultant, Green Scheels Pidgeon
(GSP) Planning Consulting Limited and Acres International. The selection was based on the team's
proposed work plan and understanding of the project as well as its specific experience and expertise.
CONCLUSION:
The Planning & Development and Business Development offices are seeking Council's
authorization.
ared by: Respectfully submitted:
Dave Heyworth ~ John MacDonald
Manager of Policy Planning ~ Chief Administrative Officer
Recommended by:
o~Doug Darbyson
Director ofPlarming & Development
Serge Felicetti
Director of Business Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
DH:gd
S:~PDRX2004hnD2004-42, Ciiy Wide CIP-Hiring Consultant.wpd
Community Services Department R-2004-27
it f jl~d~, Parks, Recreation & Culture
TheC ye
Adele
Ken
..... ~, 4310 Queen Street
.legate I-ails ~J~.,~l~ P.O. Box 1023 Director
CclnQ~~' Niagara Falls, ON L2E 6X5
~"~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356 -7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
May17,2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004-27 - Monument Repairs/Drummond Hill Cemetery
RECOMMENDATION:
That City Council authorize the repair of Cemetery monuments at the Drummond Hill Cemetery for
the service rendered price of $18,896.20, including applicable taxes.
BACKGROUND:
Staff recommends that the monument repair and restoration efforts at this site continue. Last year,
phase two of the priority two repairs was undertaken. Repairs were made to 70 monuments. We are
recommending that we proceed with phase three of the priority two repairs. Phase one and two of
the priority two repairs was initiated sequentially in section number one. Phase three will be the
continuation of the repairs commenced last year in section one.
Ten (10) companies were contacted for pricing with three companies supplying a bid price. The
recommended service provider is KBM Memorial Services Inc. They are the low bidder for this
work and meet all requested requirements.
Funds to proceed with these repairs were included in the 2004 Cemetery Operating Budget.
Working Together to Serve Our CommuniO:
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
May 17, 2004 - 2 - R-2004-27
~~~t.~x_~ Respectfully submitted:
j J/onn ~woroc~o q~ John MacDonald
~/Operations Superintendent Chief Administrative Officer
Re~d by.~
Director of Parks, Recreation & Culture
JM/das
S:\Council\Counci12004\R-2004-27 Monument Repairs - Drummond Hill Cemetery.wpd
Community Services Department R-2004-30
· ~1~ Parks, Recreation & Culture
The C ty of
Adele
Ken
..... ~. 4310 Queen Street
Niagara ballS ~J~l~,, P.O. Box 1023 Director
CanadoJl~Niagara Falls, ON L2E 6X5
~"~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon @city.niagarafalls.on.ca
May 17, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004-30 - Patrick Cummings Memorial Sports Complex
Phase lB - Landscape Development - Tender TR11-2004
RECOMMENDATION:
It is recommended that Tender TEl 1-04 for the development of two (2) of the easterly slo-pitch
diamonds and the adjacent landscape works for the Patrick Cummings Memorial Sports Complex
be awarded to Centennial Construction & General Contracting (Niagara) Inc. of Niagara-On-The-
Lake, Ontario, for a total cost of $515,905.85 including all taxes.
BACKGROUND:
In the Fall of 2003 the grading contract for the four (4) easterly ball diamonds was awarded to Circle
P. Paving Company Limited and is in the process of being completed early this Spring. Tenders for
the Phase IB Landscape Development of Patrick Cummings Memorial Sports Complex were picked
up by various bidders and four (4) bid proposals were received by the Clerk's Department. The
results of the bid process are presented as follows:
Contractor City Tender Price (including taxes)
1. Centennial Construction and
General Contracting Inc. Niagara-On-The-Lake $515,905.85
2. Stevensville Lawn Service Ltd. Stevensville, ON $533,567.27
3. Circle P Paving Stevensville, ON $591,924.00
4. Peninsula Construction Inc. Fonthill, ON $629,836.43
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
May 17, 2004 ~ 2 - R-2004-30
Financing:
Funds for this landscape development tender was approved by Council on May 10, 2004, which was
part of the 2004 Capital Construction Budget.
Respectfully submitted:
~ct ~'~' ~ Jo~al+
~>~~ Chief Administrative Officer
Director of Parks, Recreation & Culture
JD/das
S:\Council\Counci12004LR-2004-30 Patrick Cummings Phase IB.wpd
Community Services Department R-2004-31
TNhioe~Cj rfYo ~fo ~'~b~ Parks,Recreation & culture Adele Kon
4310 Queen Street Director
Ils ~j ~ P.O. Box 1023
CQnQd?a~m~~ Niagara Fails, ON L2E 6X5
~T"~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
May lT, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004-31 - Shrub Bed Maintenance 2004
RECOMMENDATION:
It is recommended that Tender TR13-2004 for the maintenance of shrub beds in various City parks
be awarded to Avenue Roots of Pelham, ON, for a total cost of $42,058.17 including all taxes.
BACKGROUND:
On May l 1, 2004, the above Tender TR13-2004 closed and a total of three (3) bid proposals were
received for the maintenance of shrub beds in various City parks. One of the bids was found to be
missing documentation and was declared 'incomplete'. The results are as follows:
Company: Total Price including all taxes
Avenue Roots $42,058.17
Pelham, ON
Stevensville Lawn Care $49,284.00
Stevensville, ON
KNM Nurseries (Incomplete Bid)
Pelham, ON
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
May 17, 2004 - 2 - R-2004-31
Prepared by: Respectfully submitted:
Jc°h~; fMAadcmDi°n~saJlda t i v e Officer
Director of Parks, Recreation & Culture
JD/das
S:\Council\Counci12004LR-2004-31 Shrub Bed Maintenance 2004.vrpd