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2004/05/31
REGULAR COUNCIL MEETING Monday, May 31, 2004 Order of Business and Agenda Package REGULAR MEETING May 31, 2004 1. PRAYER: Alderman Jim Diodati 2. ADOPTION OF MINUTES: Planning/Regular Minutes of May 17, 2004 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Local Spiritual Assembly of the Baha'i's of Niaqara Falls Tina Saleh, a young member of the Baha'i community will present a token of appreciation to Mayor Salci for his attendance and participation in the International Day to Eliminate Racism. Mayor's Disability Advisory Committee 1. A presentation of the Patrick Cummings Award will be made to the Niagara Falls Pilot Club and to Yoga for Persons with Special Needs. 2. The Mayor's Disability Advisory Committee requests that Council proclaim the week of May 30 to June 5, 2004 as "National Access Awareness Week" in the City of Niagara Falls. -2- 3. The Mayor's DisabilitY Advisory Committee requests that a resolution be forwarded to the Provincial Government petitioning to introduce legislation that will afford access, prevent discrimination and provide protection to individuals that require service dogs. Note: Please see Resolution further on the Agenda 4. Report CD-2004-1'1 - Chief Administrative Officer - Re: Annual Plan Under the Ontarians with Disabilities Act. Please note that a copy of the Accessibility Plan is included in the Council's packages. The Niagara Falls Armoury Mr. Robert Foley, Executive Director, Heritage Niagara Inc., Mr. Garry Beck, President, Garry Beck Enterprises and Mr. John den Ouden, President, 483 Wing, Royal Canadian Air Force Association wish to address Council with respect to Council's decision to cancel the acquisition of the Niagara Falls Armoury. - AND - Report R-2004-34 - Chief Administrative Officer - Re: Military Museum, Niagara Falls Armoury. Niagara Falls Tourism Policy Review Mr. Rob Dolan, IBI Group wishes to provide a City of Niagara Falls Tourism Policy Update. - AND - Report PD-2004-46, City of Niagara Falls, Tourism Policy Review. Please note that a supporting document is included in the Council's package. -3- PUBLIC MEETING Mr. Cam Watson, Consultant, C.N. Watson and Associates Ltd., will provide a presentation on the draft development charge policy. - AND - MW-2004-95 - Chief Administrative Officer - Re: Development Charges Background Study - Conclusions and Recommendations. -AND - Correspondence from River Realty Development (1976) Inc. Correspondence from Brian Sinclair Professional Corporation Please note that a copy of the 2004 Development Charge Background Study is included in the Council's packages. PUBLIC MEETING L-2004-25 - Chief Administrative Officer - Re: Noise Control By-law. The City Solicitor will provide information on the Noise Control By-law. -AND - Correspondence from Mr. Don Price. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARK~ COMMUNICATIONS AND COMMENTS FO THE CITY CLERK 1. Lundy's Lane B.I.A. - Re: 2004 Budget- requesting that Council approve the Lundy's Lane B.I.A. 2004 Budget; and that Council approve the Lundy's Lane B.I.A. 2004 Board of Management Officers. RECOMMENDATION: For the consideration of Council. 2. Victoria-Centre B.I.A. - Re: 2004 Budget - requesting that Council approve the Victoria-Centre B.I.A. 2004 Budget. RECOMMENDATION: For the consideration of Council. -4- 3. Cathy Sherk, Legends on the Niagara - Re: LPGA event, known as the BMO Financial Group Canadian Women's Open, the week of July 5th to 11th, 2004 - requesting Council permission to use Cummington Square to house an information leader board from July 7th through July 11th, 2004 and to waive any costs that may be involved. RECOMMENDATION: For the consideration of Council. 4) Inter-Departmental Memorandum - City Clerk - Re: Providing Information on the Special Occasion Permits for Niagara Wine & Food Classic & the 2004 BMO Financial Group Canadian Women's Open. 4a) Niagara Wine & Food Classic- requesting that Council, through resolution, designate the Niagara Wine & Food Classic on September 10-12, 2004, as a "Community event". RECOMMENDATION: That the request be approved. Note: Please see Resolution further on the Agenda 4b) Gourmet Cuisine Catering - requesting that Council, through resolution designate the 2004 BMO Financial Group Canadian Women's Open on July 5th to July 11 th 2004 as a "Community event". RECOMMENDATION: That the request be approved. Note: Please see Resolution further on the Agenda Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration, REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS CLERKS DEPARTMENT MATTERS 1. Chief Administrative Officer CD-2004-12, Committee Appointments 2004- 2006. -AND - E-mail from Patti Gamble, Niagara District Airport. Please note that a copy of the document of applications is included in the Council's packages. -5- FINANCE DEPARTMENT MATTERS 1. Chief Administrative Officer F-2004-36, 2004 Debenture Issue. - AND - RESOLUTION - RESOLVED THATthe City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. 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. F-2004-33, 2004 Property Tax Rates; 2. F-2004-34, Final Tax Notice Due Dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes; 3. F-2004-37, Financing of Owner's Share of Local Improvements; 4. FS-2004-11, Fire Prevention Public Education Van; $. FS-2004-12, Vincor Parking Release and Indemnity Combat Challenge 2004; 6. FS-2004-13, Agreement with the Regional Municipality of Niagara Temporary Training Site for Niagara Falls Fire Services; Water Tower, 6242 Lundy's Lane; 7. L-2004-20, Renewal of Encroachment Agreement for the placement of a sign and part of building located at 558t Murray Street with Rainbow Motor Court of Niagara Falls Limited; 8. MW-2004-94, Tender #14-2003 New Equipment Purchase; 9. PD-2004-45, Site Plan Control Policy; Proposed Change in the amount of Site Plan Deposits Collected; -6- 10. R-2004-32, Coat of Arms; 1'1. R-2004-33, Summer Ice Schedule. RESOLUTIONS 1. RESOLVED THAT the Privacy Protocol for Personal Information Records (PIR) be amended by adding the following at the end of page 2: "Measures to prevent unauthorized access to PIP,; Subsection 3(1) of Regulation 823 states: 3. (1) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected. The head of each department is responsible for ensuring that reasonable measures for the security of PIP, are in place and that staff is made aware of these measures." and the amended Privacy Protocol for Personal Information Records (PIP,) as attached to this P,esolution be adopted 2. THEREFORE BE IT RESOLVED that the Provincial Government be petitioned to introduce legislation that will afford access, prevent discrimination and provide protection to individuals that require service dogs. 3. THEREFORE BE IT RESOLVED that the Niagara Food & Wine Classic is a "significant event" that is deserving of City Council support. 4. THEREFORE BE IT RESOLVED that the 2004 BMO Financial Group Canadian Women's Open is deserving of City Council support as a "significant event". BY-LAWS His Worship Mayor Salci will request whether there is anyone present that has any concerns as to the closing of street ends and a road allowance along the Welland River in Chippawa. 2004-98 To permanently close part of a highway. (p,e: Closing of street ends and a road allowance along the Welland River in Chippawa) -7- His Worship Mayor Salci will request whether there is anyone present that has any concerns as to the closing of part of a road allowance on Reference Plan 59R- 4039) 2004-99 To permanently close part of a highway. (Re: Closing part of a road allowance on Reference Plan 59R-4039) BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-100 To amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by- laws. 2004-101 To impose special rates to provide for the payment of the owner's portion of the cost of certain local improvements. 2004-102 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Prohibited, Stopping Prohibited, Limited Parking, Stop Signs at Intersections, Standing Prohibited, Loading Zones) 2004-103 To provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2004-104 To set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2004. 2004-105 To prohibit and regulate noise in the City of Niagara Falls. 2004-106 To adopt, ratify and confirm the actions of City Council at its meeting held on the 31st day of May, 2004. NEW BUSINESS Ted Salci From: <kmacgreg@becon.org> Sent: Wednesday, May 05, 2004 9:19 AM Subject: CITY OF NIAGARA FALLS VVWW - Appointment with Mayor for Presentation Received From the City of Niagara Falls WebSite: Date and Time Stamp: Wednesday, May 05, 2004 at 09:19:09 (EDT) Visitor's Email Address: kmacgreg~becon.org The following are the recipients of this email: bdd~ci _ty.niagarafalls.on.ca,,,, URL Visited: http://www.ci _ty.niagarafalls.on.ca/contact.htmi Comment/Request made: M~ay 5, 2004 The Honourable Ted Salci The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: On behalf of the Local Spiritual Assembly of the Baha'i's of Niagara Falls, I would like to arrange a time during Council session to make a presentation. On March 21 of this year, you graciously attended and participated in the International Day to Eliminate Racism. A recording of that celebration was made, and we would like to personally thank you for your participation by having Tina Saleh, a young member of the Baha'i community, present you with a DVD copy of this special event. Please contact Sohaila Saleh at 357-9854 at your earliest convenience so that we may set up a time. "~COU~C_~ .y.~E: l l_~G - ,,,,,' 5~6/04 Page 2 of 2 With Warm Baha'i Regards, Kim Macgregor Secretary 5/6/04 PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of Rick Hanson' s Man In Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater barrier free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, accomplishments by the disabled community and goals for the future; and WHEREAS the City's Disability Advisory Committee would like the week of May 30 - June 5, 2004 proclaimed in the City of Niagara Falls; and WHEREAS on Thursday, June 3rd the Mayor's Disability Advisory Committee and the City's Health & Wellness Committee will be hosting a barbeque and other activities over the lunch hour at Centennial Square. NOW THEREFORE I, Ted Salci, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim "the week of May 30 - June 5, 2004 as "National Access Awareness Week" in the City of Niagara Falls. Mayor R. T. (Ted) Salci & Members of Council May 31st, 2004 The City of ~1~11I, Clerk's Department Niagara Foils !1~/11~ Inter-Departmental Memorandum Can~~ To: Mayor Ted Salci Date: May 31, 2004 & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Access Awareness Week Activities/Mayor's Disability Advisory Committee I would like to draw your attention to a couple of other items related to National Access Awareness Week and the activities of the Mayor's Disability Advisory Committee. Thursday, June 3ra at Noon hour at City Itall The Mayor's Disability Advisory Committee and the City's Health & Wellness Committee will host a Barbeque. There will also be an obstacle course competition that will simulate some of the obstacles faced by individuals with disabilities. Council is encouraged to attend. We would also like a few Council members to volunteer as one of the teams in the obstacle course competition. Wednesday, June 16th~ from 8:30 a.m. to 12 noon in Committee Room 2 A sensitivity training seminar will be held (see attached). Council is welcome to participate. Wor~inl~ Tooet~er to Serve Our Communit2~ Corporate Services Department The City of Niagara Falls I1~11~ Inter-Department Memorandum Ca n~,~' To: Chief Administrative Officer Date: May 26, 2004 Directors From: Dean Iorfida City Clerk Brenda Maggs Manager of Corporate Administration Subject: Customer Service for People with Disabilities Attached is a notice for the above 1/2 day training session scheduled for Wednesday, June 16, 2004 at 8:30 a.m. to 12 noon in Committee Room 2. This notice will be posted on the Bulletin Board System for staff. The Mayor's Disability Advisory Committee is recommending this course and the goal is to have one person trained in each area. Volunteer participation is ideal, however, if no volunteers come forward, we would like you to designate someone to attend this training. Please submit your names to Human Resources at ext. 4279 by Friday, June 11, 2004. Thank you for your cooperation. C:\Documents and Settings~Administrator\Local Settings\Temp\People with Disabilities Memo.wpd WorMng Together to Serve Our Community Finance, Human Resoumes Information Systems The Mayor's Disability Advisory Committee presents: Customer Service for People with Disabilities Creating Access For All! Here is what you will learn... · The importance of people with disabilitiies and what they mean to your business. · Discover how simple it is to accommodate a person with a disability without breaking the bank. · Serving customers and understanding the differences between: physical disabilities visual disabilities hearing disabilities, and cognitive disabilities · Best practices when receiving guests, and familarizing guests with their environment. · Understand proper etiquette when interacting with a person with a disability. · People first terminology and other successful marketing techniques that appeal to a broader market · Get to know more about yourself The training is available to all interested staff. The goal is to have one person trained in each area. The training is scheduled for Wednesday, June 16, 2004 at 8:30 a.m. to 12 noon in Committee Room 2. If you are interested, please discuss with your Supervisor and submit your name to Human Resources. The session will be filled on a first come first serve basis. If you have any questions, contact Human Resources. Corporate Services Department CD-2004-11 The City of J~[~l~ Clerk's Division Dean Iorfida Ni(:]g(:]ro FclIISlI~,~i~ 4310 Queen Street City Clerk Con~~' P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~-I-~' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih diorflda@city.niagarafalls.on.ca May31,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-11 Annual Plan Under the Ontarians with Disabilities Act RECOMMENDATION: That Council adopt the Mayor's Disability Advisory Committee's plan as required under the Ontarians with Disabilities Act. That a committee of staff be formed to implement the plan. BACKGROUND: Ontarians with Disabilities Act In December 2001, the Provincial government passed the Ontarians with Disabilities Act. The legislation had long been promised. The Act came into effect on September 2002. The Ontarians with Disabilities Act is by no means a perfect piece of legislation. It arguably does not go as far as the Americans with Disabilities Act. In addition, the Mayor's Disability Advisory Committee has gone on record as stating a more effective course of action would have been for the Province to amend the Ontario Building Code and raise accessible building standards to the levels found in federal buildings. The Ontarians with Disabilities Act affects the Provincial government, municipalities, hospitals, educational institutions and public transportation providers. The legislation does not affect the private sector. Working Together to Serve Our Community Clerks Finance * Human Resoumes Infon'nation Systems Legal Planning & Development May 31, 2004 - 2 - CD-2004-11 It is arguable that the Ontarians with Disabilities Act is mere window dressing. For example, very few municipalities are building new facilities in which they would be considering barrier-free accessibility. Many municipal buildings were built prior to 1979, when accessibility requirements were first included in the Ontario Building Code. There is no legislation requiring municipal facilities to be retrofitted for barrier-free accessibility. Nonetheless, any legislation is a step in the right direction. Since the election of the Provincial Liberals, the government has engaged in more consultation with stakeholders on how to improve the Act. The Committee is hopeful that the Act will be strengthened. The Accessibility Plan Under the Act, municipalities over 10,000 people are required to have a committee in place. (Our municipality already had such a committee in place). The municipality, either through the committee or a consultant, is to plan accessibility plans and make them public. Also, a municipality shall give "consideration" to accessibility when purchasing goods and services, in planning and in subdivision approval and when deciding on polling stations for the municipal election. Our Committee's accessibility plan has been available in draft form for some time. The writer completed the plan in accordance with the requirements of the Act, however, other priorities such as the municipal election, the change over in Council and the committee review delayed its release in final form. Also, it was felt that it would be appropriate to introduce the plan during the Committee members visit for the annual National Access Awareness Week. A few comments on the plan: as this is the first Accessibility Plan completed by the City's committee, this version can be viewed as a history of the Committee's activities since its inception in 1997, as well as some realistic goals for the future. Because the draft plan has been done for some time, some of the goals for this year have already been completed. The next version of the plan, due by year's end, should be more condensed. Unlike some other municipalities, the plan was done by staff. Other municipalities have hired consultants to complete their plan. Although the hiring of consultants seems to be an unnecessary expense, it should be noted that the composition and completion of the plan were time consuming. Unfortunately, or fortunately, the Province did not provide a template on what an Accessibility Plan should look like, although some examples were provided. CONCLUSION: Having an accessibility plan is fine, however, if there is not a mechanism to implement the plan it is for naught. Ideally, Council will adopt the plan and direct that a committee of staff be put in place to bring the goals to fruition. The goals are relatively modest and should be accomplishable. Also, having other City staff involved will make them familiar with the requirements of the Ontarians with Disabilities Act and achieve the goals envisioned by the legislation. May 31, 2004 - 3 - CD-2004-11 Recommended by: Respectfully submitted: D~~'~ <~ John MacDonald City Clerk Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services NIAGARA I C., T '~ L'q~l 4219 Briarwood Avenue I~ ~w I Niagara Falls, ON L2E 6Z1 I (905) 371-1812 FAX (905) 356-5859 ~t ..~alr~-' I E-mail: heritageniagaraops~cogeco.ca Website: www. hedtageniagara.com The Niagara Falls Armour' Preservation Committee The City of Niagara Falls Canada Attention: Dean Iorfida, City Clerk Re: Niagara Falls Armoury Dear Dean: Heritage Niagara requests the opportunity to make a presentation to city council at their regularly scheduled public meeting on Monday May 31, 2004. The purpose of this presentation is to urge council to reverse its decision to cancel the acquisition of the Niagara Falls Armoury. Our presentation should take no more than twenty minutes and the following persons will be speaking to the issue: Bob Foley, Executive Director, Heritage Niagara Inc., Garry Beck, President, Gan-y Beck Enterprises and Mr John den Ouden, President, 483 Wing, Royal Canadian Air Force Association. Robert J. Foley Executive Director M~.Y 3 1 200~ HIIX~. F~L$ CLERKS ~0~ 0525 15:26 NIAGARA MILITARY MUSEUM C/O Garry Beck 9200 Sodom Road Niagara Falls Ont. L2E 6S6 Phone 905-295-3686 E-Mail beck~falls.net City of Niagara Falls Canada 26 May 2004 Attention: Mr. Dean Iorfida, City Clerk Re: Niagara Falls Armoury Dear Sir, The Niagara Military Museum, Veterans' Associations, Heritage Niagara Inc., Niagara Falls citizens interested in cultural and heritage issues and other interested organizations wish to appear as a deputation to speak at the open City Council meeting in the evening of Monday, May 31, 2004 in order to try to persuade Cotmcil to reverse its decision to not purchase the Armoury from the Department of National Defence. Please contact Garry Beck of the Niagara Military Museum at phone number (905) 295-3686 to confirm our place on the agenda or with any questions or concerns. Would you please also confirm to John L den Ouden, President of the Royal Canadian Air Force Association, at (905) 356-0718 or e-mail to denny~,,net2u.com. You have his e-mail on the subject to you on file, Thank you. Yours sincerely, Garry Beck President Niagara Military Museum HAY 3 1 GARRY BECK ENTERPRISES INC. 9200 SodOm Road, Niagara Falls Ontario, Canada L2E 6S6 905-295-3686 Email: beck~falls.net May 16, 2004 Inspection of the Niagara Falls Armourv On April 11, 2004 1 met with Mr. Bob Foley from Heritage Niagara and John Jouppien. We did a walk around the building just for general observations of the exterior condition. Wc observed that there was flaking of the paint which was more predominate on the north side, mortar joints that were damaged and some bricks that had the surface flaked off. These particular areas would at some point need repairs and some of the bricks needed replacing. Mr. Jouppien's bricklaying contractor, David Mowbray Masonry, quoted a price of doing the necessary repair work at $20,000.00. On March 25, 2004 we had thc opportunity to revisit thc building with members of the Department of National Defense (DND) namely Captain R. G. Counscll (Construction Engineering Officer), Mr. Kavin Noble (Real Property Officer), Mr. Brian Atkinson (Real Estate Advisor) and three other members of his staff. Also in attendance was Mr. Foley, Mr. Jouppien and myself. On this date wc did a thorough inspection of the inside oftbe building and Mr. Counsell, a member of his staff and myself went on to thc roof to evaluate the condition of thc roof. Mr. Counsell and I came to the same conclusions of the remedial work that was necessary to bring thc roof back up to standards. When I was asked on what I estimated thc cost would be I told Captain Counsell that I felt the cost would be $3,000-$5,000 and his remarks were that he thought that was a little light, he estimated it would be closer to $10,000. He then turned to the member of his staff and issued a work order to have these repairs done. We also agreed that the existing roof was in good shape and would not need to be replaced. (At the next visit I got a quote from a roofer for these repairs at $2500.00+ $375.00 taxes for a total of $2875.00). I was informed that the repairs to the roof have been completed. While we were downstairs having a discussion I asked Captain Counsell what he thought the shape of the interior and the building in general was like. He said that this building was in excellent condition and in better condition than most of the Armouries that are in use at the present. At a later date in April 2004 we were given the opportunity once again to bring our trades in to evaluate and quote prices on other repairs. These quotes are attached to Mr. Jouppien's report. At this time there was some concern about the flaking of paint in the north rooms and there were areas on the walls that had holes and require patching. A work order was issued by Department of National Defense (DND to have these areas repaired. These areas have at this date been repaired and sealed. The paint flakes in these rooms were also thoroughly cleaned. Also, my observations in the basement the boiler had already been brought and kept up to date noting that the insulation on the pipes were of the newer type and had been done within the past 10 years. In the old rifle range the backboard which contained lead had been removed by the Department of National Defense (DND). If anything needed to be done to that concrete wall, all that would be required is to apply sheets of drywall to the concrete wall which would cover any of the lead residue. Seam, tape and painting of the drywall should also be done. My only recommendation for the interior of the building is a new coat of paint and some minor electrical repairs. The building in general in my professional opinion is that it is in extremely good condition and with ongoing regular maintenance it could be kept that way for many years to come. After reading some of the reports I noticed that no one used actual costs of maintaining the building therefore I have obtained copies of the actual costs for a period of one year which are attached to this report. It should be noticed that the total costs of gas, electricity, water, and sewer charges was $13,735.72 for a period of one year. After reading all of the consulting reports including Mr. Schram's report on the armouries maintenance costs (page from Mr. Schram's report attached) the only other costs that would be incurred would be approximately $50,000.00 that would be spent over a 5 year period to remedy the brick work, removal of exterior paint on the bricks and miscellaneous other areas. Also attached are pictures of the building of the Niagara Falls Armoury in its present state. In summary, I concur with Mr. Jouppien's report including the sub trade estimates that he attached. Gan'y Beck Garry Beck Enterprises Inc. 2 TABLE 5-1 SUMMARY COMPARISON OF VARIOUS USES FOR THE NIAGARA FALLS ARMOURY (CONT'D) ALTERNATIVE USES POTENTIAL BENEFIT TO FEASIBIETY AND ESTIMATED COST TO THE CITY THE CITY CHALLENGES CAPITAL ANNUAL OPERATING 3. City Arts Centre · Furthering the aims of this · Possible joint $1,528,000 Building I~.Fi,~vements $ City staffing · A base for the 57 year old organization occupancy with #1 272,000 Environmental 90,000 Building maintenance, Niagara District Art which promotes public and/or #2 200.000 Planning, Design, utilities and repair Association Interest in, and $2,000,000 Contingencies, Project (partial) including workshops knowledge of, fine art in Mgr. Artwork maintenance and display and display area the City $90,000/ · Providing an improved year forum for: o Art displays by local artists o Demonstration area for members to meet and paint o Video shows and e~q3anded programs for seniors and schools 4. The Niagara · This usewould best · The organization is $1,200,000 Building Improvements $ City Military Museum reflect the nature and relatively unstructured. 272,000 Environmental 45,000 Contribution to building 175.000 Planning, Design, maintenance, vehicles · Present the history of the building · Its museum pieces are $1,647,000 Contingencies and and repair contribution of the only partially defined. Project Mgt. ? Possible additional cost Canadten Military, · It apparently does not requirements including related have DND Involvement $45,000I artifacts and and demonstrated year documents, as part support. of providing a 'social · Need to ensure building historical' viewpoint maintenance and repafr to agreed standard (applies also to ~3 and ~5). · Potential co-tenant with #1. ~ Milita~y museum proposes private responsibility based on volunteers, a curator and summer guides. Note: Addltlonal cost requirements are likely to be Involved when plans re tinalized. The Business Plan uses a $90,000 ~mnual operating cost, assuming that a more significant municipal role will be required. C.N. Watson and,Associates Ltd. H.~Nie~Fa/l~'nlou/y-co~uu~L~oi-~do= R.R. #1, .St. Catharines, Ontario, Canada L2R 6P7 Phone/Fox 905-684-7986 REQUIRED UPGRADING OF THE NIAGARA FALLS ARMOURY May l 1,2004. During the month of April the finn J.K. Jouppien Heritage Resource Consultant received a request from Tom Mussari, Property Manager for the City of Niagara Falls, regarding the Old Armoury situated on Victoria Ave. at Armoury Street in Niagara Fails, Ontario. The City had been considering assuming this structure for altemative public use. To re-open this 1911 structure to the general public would require some retrofitting and upgrading. The building is currently owned and maintained by The Department ofNationai Defenee. Although well maintained by this Federal Department, the building had not been actively used as an armoury for some time. In the past it served as a base, and training drill hall for thousands of Niagara Falls and area citizen soldiers who served their country during the First, Second. and Korean Wars. Because of its history and its long and continuous citizen martiai tradition, the building has been closely interwoven with the social fibre of the City. Its empty halls and corridors remain as a memoriai to the many sons of the Niagara area who considered this home base, but who never returned from their foreign duties. The building was designated as a structure of"heritage significance" by schedule B to City of Niagara Fails by-law No. 98-113. Our fa-tn has been retained by the City to provide structural and building conservation services for a number of City owned buildings and public places. For this reason we agreed to provide some general assessment of the armoary as a free service. The following passages report on our assessment and include a cost anaiysis of the required upgrading. We were permitted access to the building on two occasions by Kavin Noble, Area Support Unit, London, Ontario, for the Department of Nation Defenee. This gave our sub-trades the opportunity to examine, first hand, the building, and building services. The general consensus was that the building had been well maintained and its condition described as "fair to good." And although abandoned for some time the building was not neglected. This conclusion was to the credit of D.N.D. and the Federal Government who have provided the upkeep of this structure. As a building conservator, having restored old structures as a vocation for the past thirty years, the armoury structure would appear as an 8, on a scaie of 1-10. This rating would place it on a higher level than most pre-war homes still occupied by the general public in soutbem Ontario. The difference being that the superior quality of the masonry construction, evident at the Page 1 of 3 armour, built by early 20th century brick layers, exceeds the quality of workmanship generally available today. The technique employed for this building was bond, and course construction-resulting in solid brick walls, unlike the brickett faced veneer, over particle board construction of today. The skilful execution of the trades men who worked at that time, is no longer available. The principal problems observed at the armoury, and of no fault or failure of the structure, are issues of changing building standards that have developed and come into acceptance as this 1911 structure grew old issue like fire exits, and the use of asbestos in insulation and lead in paint which were acceptable practises when installed but have become frowned upon by current health and safety perspectives. Many of these problems are the result of attempted upgrading from as recently as the 1970's and 80's and are not a reflection on the integrity of the original structure. The greatest expenses involved in upgrading the armoury are the removal of these former systems, although many experts concur that the most expedient process is the encapsulation of these. In the review we also had a Niagara area roofing firm and another environmental finn assess the expenses involved in roof repairs and encapsulation of environmentally toxic materials. I understand from current correspondence that D.N.D. has recently addressed these two areas and the work of bring these aspects of the building up to code has been completed. Consequently this has provided some additional cost savings in the overall expense of the project. Previous to this review of the building, it had been examined by Franz Environmental Inc. of Boulton Ontario and Trow Consulting Engineers Ltd. of Stoney Creek, Ontario. A plan for the re-use of the building was also prepared by David Schram & Associates Ltd. of Niagara Falls. Estimated costs provided by the out of town engineering firms were primarily based upon quoted costs provided by service contractors from the greater Toronto area. These costs were inordinately high necessitated by operating costs within the GTA. Our review of the required work strived to identify lower costs for accomplishing the same services by consulting with contractors from the Niagara Region. Looking at the same buildIng deficiencies that were identified in the former engineer's repons we set out to determine the costs for doing the required work. The following summa~ has been provided as a gratis public service for the City of Niagara Falls. It is based upon the quotations provided by the specialized sub-trades listed in this report. The consultant is not responsible for incorrect-interpretations of the quotes, or incorrect calculation, therefore the quotations have been included in this summary for the benefit of the City of Niagara Falls to review in detail. Our cost analysis included the services of the following Niagara based contractors: Page 2 of 3 LIST OF SERVICE CONTRACTORS WHO PROVIDED COSTS Orser Environmental Services [nc/GB Environmental Services (Niagara) Inc. T's Electric-fom~erly Jim Henry Electric David Mowbray Masonry Hu-ero Heating and Air J.K. Jouppien Heritage Resource Consultant PROJECTED UPSET LIMIT: (exclusive of taxes and general contracts fees) Masonry restoration ................................. $20,000.00 Environmental services .............................. $25,000.00 Electrical services ...................................... $1,000.00 Heat and air ............................................. $1,000.00 Contingency .......................................... $10,000.00 ESTIMATED COSTS .................................... $57,000.00 Attached please find all of the written estimates received. If I can provide any further information, or if the current information raises other issues, please contact my office directly. I trust the information provided will by of some assistance, Jon K. Jouppien Heritage Resource Consultant T's I~le~trlc lllc. R.R..ff 4 647 CONCE$1B ON H NIAGAI~A. ON THE LAKE LO, 1 JO PHONE g05 684 ,820 David Mowbmy Masonry 133 Oakdale Ave. St. Catharines Ontario Phone:289-213-4662. April 26, 2004. ATTENTION: J.K. JOUPPIEN, H.R.C. REGARDING: BRICK RESTORATION AT THE NIAGARA FALLS ARMOURY Thank you for meeting with me and my assistant last week at the armoury. Based on our review and discussions I concur that to perform the repairs on this building it would be most expedient to work from a scissor or jack-lift and to move around the building addressing each respective wall individually working from the top down. We can provided a good pressed brick which is a match for that used at the armoury originally. These we salvaged from a building which we took down last fall originally built at approximately the same time as the armoury. These bricks match, both in colour and size. We have about 5,000 of these stored in our yard. By cutting out the damaged bricks we can move around the building replacing these with our salvaged bricks which are in 100 % mint condition. As discussed, the problem of the broken and exfoliated brick appears to have been caused by the white paint which was applied to the outer brick wall and has trapped moisture inside of it causing the brick to spall and exfoliate on its outer surface. It is unfortunate that the walls of the armoury have all received this treatment sometime ago. Our quote does not include the removal of the paint, but we will follow-up with a price to conduct this work at your request. Sand blasting the brick surface would cause more irreversible damage and we do not recommend this method of paint removal. We would however encourage you to undertake the removal of the paint using less abrasive methods to prevent this damage from re-occurring after the repairs have been completed. The price quoted here includes the repairs to the northeast parapet south wall. This will involve the removal of the entire wall to the roof line and it's re-laying, and replacement of all damaged brick with our salvaged brick material. TOTAL COSTS :all, labour & materials, including lift rental ........................................................................................................ $20,000.00 plus tax D. Mowbray. rla'~ ~P ~:!()0'~ ;0:48R~ Or'set' Enu~r-anmen~.al L., .c;,~'F' 905 13~38 4.?~.B p.2 ORSER ENVIRONMENTAL & S'AFF'TY INC. May 12, 2004 Mr. John Jouppien lderitage Resource Consukant R.R. #1 St. Catha.rines, ON L2R 6P7 Re: Asbestos-Containing Materials - Quotatlo~3: NF armouriesAC3'12004-1 Mr. Jouppien Orser Environmenta! & Safety ln¢. (OESI) is pleased to submit for your approval the following quotation for pro~4ding occupational hygiene consulting se~¥ices in cormection with proposed tasks to take place al the Niagara Falls A~'-moury, located at 5049 Victoria Avenue in Niagara ;Falls, Ontario. The work need arises from the presence of asbes~os-containit~g material (ACM) in the build~ng and current regulator~,; requirements governing such presence. Background A3bestos presence ir, buildings in Ontaho is regulated under two Designated Substance Regulations, 837/90 and 838/90, the latter of vvhich is mos1 important here. Under 838, the building owners have a responsibility re: establish a maintenance program for the ACM determine the B~pes and location of the ACM deterrmne the condition of the ACM repair or remove the ACM, dependent on the condition place signage noti:[54ng x',,orkers and contractors of the ACM presence establish training programs to inform workers of the hazards of ACM presence periodic inspection of the ACI',I re ascertain the safe condition of the items/locations various requirements for working with ACM and worker protection during that time Scope of Work ~¥e propose, a phased approach ~o the project As the presence of'the ACM has been well documemed in previous reports, we will specif'y tasks that will take that information a~d use it lc, detem~ine t/:e [)est means ofproteming on-site workets anti the publi,c. Phase 1: - A~n in,_media.re air sa~npling s~tr-,,ey to determine ti:e ~.mount it' ~?. ofas'uesros fibres 5n the interior air o£ the building !95 Kh9 Street,'.:;uite 204.$: Claiharirefi OntarioL2R 3JE "eepi~on~.{gC~5}688-0500 Fax (902,~586-47,:6 '.&'orki~',.c. ',,,.'i!h rr',anagernen! to protect the health ot ~,,'o-~er's; and the er~vu'o~ Niagara Falls Arm0ur~: Asbestos-Containing Materials 2 - Work in conjunction with a qualified ACM remediation contractor to specie, tasks needed to clean up any visible "hotspots', such as holes in plaster, bare patches of plaster, raw edges of plaster coatings, etc. Phase 2: - Site inspection during the above remediation to ensure thaz xhe work is done according to the Regulations and reoord events for a report. - Post-remediation air testing to ensure that asbestos concentrations are below Regulation linfits Phase 3: - Production ofa managemem plan for tl~e ACM present in the buL!dlng according to the Regulation requirements To comply with the MOL requiremem that assessments of workplace conditions be done '~'b3' a ~el~LSO~ possessing such special exy~ert or pr~?fesyional lcno~vledge or quctiificatio~s" (Occupational Health and Safety Act and regulations, Section 54), work will be done by, or under the direction of, personnel re~stered in Canada by the Canadian Registration Board of Occupational Hygienists (CRBOH) and certified in the U~xited Sta:es by the Council on Certification ofHealtlh Enviro,maemal and Safely Technologiszs (CCHEST), ibnnerly the American Board of Industrial Hy~ene/Board of Certified Safety Professionals Cost At, broach Phase 1: S2,875.00 inclusive of time, sample collection and analysis (3 samples max/rotan) and reporting Phase 2: $605.00 for each site inspection while work is tmdem,ay $2,875.00 inclusive of time, sample collecnion and ~alysis (3 samples maximum) and reporting Phase 3: $2,080.00 for a mvmagement plan as required by the Regulation for use in controlhng the ACM with respect to workers and any contractors hired to do work in the building An ACM awareness trairdng program can be done at a cost of $] 50 O0 per worker, with a minimum of 10 workers charged Terms and Conditions Initially, we need authorization to ~roceed, in the form o£the attached form signed a~ad quoting a pur'clqase order number This quotation is valid for thJlty days 'D~e required Goods and Services Tax is not included in IEe abos'e cost and -a, ill appear as ~ separate item on the invoice. O~ser ORSEI~ ENVIRONIqEglTAL ,~ SAFE'iP( INC. ~'[m~ ~2 200~ tO:48RM Orser Environmenta) ~ Sm? 805 688 Nial~ara Falls A...rmou~-: Asbestos-Containin[[ Materials 3 Emdron~ncnta! & Safety Lt~¢. will invoice ac the time of repor~ subtn/ssion The invoice is due u_p_on submission and an addir, iona! charge of 2% per month or par$ (hereof will become due for late payment. This quotation is submitted with ~he understanding that it is to be considered confidential and is not to be supplied to competing firms should other quotations ~er the same sutw. ey be requested f~om (hese competing firms. Normal warranties and Limi~a(ion of!lability clauses (attached) will apply to ~;he work done as a resul~ of ti'ds proposal. Thank you for asking me to submit fids quotation Please feel free te call me ac any dine if questions regarding the contents arise. Respectfully, Orser Em,irontne~tal & ,~afe~' II~c. John R. Orser, OHST, ROHT, A.Sc.T. Occupational HygienJ. st Em.'ironmental Technologist ORS£R ENVIRONH£NTAL 8( SAFETY INC. 1.~ !2 2004 lO: 4DSM Or~s~r Envir. onmen~m] & Sm£ ~90~ 880 ~.~'m0uo': A, sbe-,t..os-Contamm[4 Matermls '4 Quotation Reference: Asbestos-Containing Materials - NF Armom'iesACM2004-! ORSER EN%ZIRONMENTAL & SAFETY INC. ~Narranties and Limitation and Exclusion of Liability Warranties Orser Environmental & Sa£ety Inc., makes no warranties or representations, either express or implied, and it is agreed that there are no representations, warranties, collateral agreements or conditions affecting the services performed by Orser Envixonmenta[ & Safety Inc. or by the agreement between Orser Environmental & Safety Inc. and Jolm Jouppien, the City of Niagara Falls or any other party other than expressed herein in writing Limilation and Exclusion of LiabiliB: Orser Envirortmental & Safety Inc w511 not be held responsible for events outside of its control. Orser Environmental & Safety Inc total liability for any loss, damage or i,ajm}' arising directly or indirectly flora its services or the actions or omissions of its employees o[ agents, however caused, shall not exceed the remuneration for its servSces. la~ no event (including but not limimd to a breach of contract or a term thereof and the negligence ofi~s employees or agents) shall Orser Environmental & Safety Inc. be liable fbr any loss or damage arising from any cause whatsoever whether the suit of John Jouppien, the City of Niagara Falls or a~'~y third part3.,, and whether in contract, tort or otherwise, for any damage including but not lira/ted to loss of earnings or profits. No principal, director, officer, employee or agent of Orser Enviromnental & Safely Inc. shall in any circumstances whatever be under any liability whatever to Jotm ]ouppien, the CiD' of Niagara Falls or any ozher person for an5, loss or damage howsoever caused and arising or resulting directly or indirectly from any act. aegleel or dethuit on i'fis or her p~,,wt wl~file acting in the com'se of or in connection with his or her employment or office. ORSER E,h/VIRONMENT^L ~ SAFElh' INC. i"ig~'-13-~-..O~14 87:47 P. 82 Enwronmental Services (Niagara) Ltd. TA: 905.9~-345fi F~: 905-9~-5055 Our Compliments: ]-8~-4.31-.3986 E~ad · gflMt~'fg~n 4 ...... t:l.~t May 12, 2004 Hedtage Resource Consultant RR#1 ~51. Catharines, ON L2R 6P7 Attn: Jori Jouppien Dear Jori: Re: Niagara Falls Armoury - GBE Job # 04214-2004 I have listed below some budgetary pricing for the removal and repairs to the asbestos matedals at the Armoudes at in Niagara Falls. Our price includes the co~t of all labour and materials, including disposal, I have based our Prices or~ the following: Price One is to repair with lagging paint any areas where the asbestos plaster has been dareaged. I have also included in this pdce to HEPA vacuure any loose 0aDds in the~,e areas My price is based on supplying 3 men for 3 days. Price One ......................................................................................... SS,000.00 (Plus Price Two is a unit price for the remova[ Of the plaster reatedat on the walls under Type #3 conditions Price Two ........................................................................................... $10 / SF (Plus If approved we would ask that yOu fax a purchase order nureber to our office and I will make arrangements for scheduling the job. Thank you for the oppe~unit7 to quote you on this project, if there are any questions or concerns with the above information do not hesitate in giving our office a call Sincerely, Green're Flett President GF4al I 2-1 I I Fora-th Avenue .%,i~e 352. St. Cat~ ,~c~, ON, .2-~ :~P5 2OO2/2003 Natural Gas Location: 617122 Niagara Falls - 5049 Victoria Avenue Account Numbe~ 57612003012 Supplier:. Enbrtdge Purchase Gas Rate Su~harae St~age Delivery Monthly storage Total Total inc B61ingMo~tth Eetimate/ActU~l m3 (Ce.t~M31 Cost (Cent) Sur¢l,..~l. tobldg Chame ~,%,.G ,Exo. GST Adjustment GST GST Mar 11 - Apdl 2/02 2871 16.0015 $503.46 5.447, ~ $111.02 $275.69 $18,00 $998.17 $6357 $971.7~ Apri] 9 - May 9/02 1306 16.0015 $208.02 (act)Apr 9 - June $?27.03 $18.00 $353.95 $2471 $377.76 7/02 591 16.0d15 $94.09 $58.40 $36.00 $188.49 $13.19 $201.58 June 7 - July 10/02 382 20.92 $65.09 I (act) June 7- Aug $38.02 $18.00 -$9.~4 $11t.17 $778 $118.95 6/02 8 20.899 $1.48 $0.88 $36.00 -$0.45 $37.91 $2.65 $40.56 Aug 8 - Sept 10/02 Act~J 0 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $0.00 Aug 8 ~ OCt 8/02 Actual 62 $16~2 $7.03 $36.00 -$1.83 $57.42 $4.O2 $61.44 Nov.8- Dec. 9/02 A~ua~ 3482 0.26 $970.48 $448.52 $18.00 $1,437.00 $1,537.59 Dec.9~lan. 10/03 ~ual 4222 0.28 $1,17~84 $539.17 $18.00 $1,734.01 $1.855.39 Jan 10 - Feb 7/03 Acml 4881 0.28 $1,354.92 $619.15 $18.00 $1,992,07 ' Feb 7- Mar 11/03 Actual 5460 0.28 $1~521.80 $692.12 $18.00 $2~231.92 $13944 $2,13151 $156.23 $2,388.15 TOTAL 25579 $6~562.84 $111.02 $3~054.44 $252.00 -$12.22 $9,968.08 $697.76, $10,665.84 Location: Niagara Falls Almoury - 5094 Victoda Avenue July 12 - Sept 13/02 I ~jrm~e 1936 $147.91 $92.60 $12.14 $8.71 $12.88 $10.07 $12.00 $0.50 $296.81 " Community Services Department R-2004-34 · [ Parks, Recreation & Culture The Cdy of Adele Ken ..... I~]~, 4310 Queen Street I~llClgclrcl I-C1115 yj~,,~l~,P O Box 1023 Director CQF~~~p''Nia~ara Falls, ON L2E 6X5 ~'~ web~~'=~ site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon@city, niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-34 - Armoury RECOMMENDATION: That staff be directed to host a public meeting for those who expressed interest in the Armom'y. t'131at staff and the original consultants, Tro~ ~n~ineers Consultin~ Inc. ~ and Nr. Robert Foley, etc. ~eet to reconcile the figures and report back BACKGROUND: and that staff ~tke contact ~eith Nr. Brian ltkinson, Public ~orks revision of the Department of National l)e£ence ii~ediately.t Following discussion of thc attached report at the February 23, 2004, meeting, Council decided not to further pursue the acquisition of the Annoury. Staff was directed to so advise the Federal Government. Shortly after the decision was made, representatives of the Military Museum and Heritage Niagara contacted Members of Council to, not only object to the decision, but to also inform Council that erroneous information had been provided by staff. Later the statement was retracted to reflect that the information was not erroneous but that the potential health problems associated with asbestos had been overstated. Staffdid not agree with either statement. Both groups also requested access to the building so that they could have their professionals provide an assessment of the required building repairs and their associated costs. Council referred this matter to staff and directed that a public meeting be held for all groups/individuals who were interested in the Armoury. The tour of the Armoury took place on April 8, 2004, and Mr. Foley was advised that the public meeting would not take place until his group had sufficient time to prepare their report. Mr. Foley and members of the Military Museum have instead opted to appear before Council. Members of Council should be aware that The Niagara Falls Art Gallery, Legion Branch 51, and a few other individuals have also expressed interest in the Armoury and are still awaiting the public meeting. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services May 31, 2004 - 2 - R-2004-34 Recommended by: ~ Respectfully submitted: ele~Kon~ ~John MacDonald Director of Parks, Recreation & Culture ~ - Chief Administrative Officer AK/das Attachment S:\Council\Counci12004hR-2004-34 Annoury Update,wpd Community Services Department R-2004-'12 T ..... ,~,~ Parks, Recreation & Culture ne ~1~/CT Adele Ken , ... ~'l~', 4310 Queen Street Director i ON L2E 6X5 ~,a~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356~7521 Fax: (905) 356-7404 E-mail: akon@city, niagarafalls.on,ca February 23, 2004 IN CAMERA His Worship Mayor Ted Salci and Members of the Municipal Council " City of Niagara Falls, Ontario Members: Re: R-2004-12 Armoury That Council receive and table this report. BACKGROUND: If Members of City Council concur with the following staff recommendations, meetings will be scheduled to inform the groups/individuals who have expressed interest in utilizing the Armoury. The recommendations are as follows: 1. that Federal Government staff be advised that the City is no longer interested in acquiring ownership of the Niagara Falls Annoury; 2. that staff advise Dr. Afrukhteh that the City will no longer accept his donation because of lack of adequate space to store and display the artworks; and 3. that the matter of the Armoury be refen'ed to the Heritage Master Plan process. Council has been dealing with the matter of the Annoury for approximately four (4) years. During that course Of time, Council has continually expressed interest in obtaining ownership of the land and building. Letters supporting the acquisition/preservation of the land and building have been received from the Arts & Culture Commission, the Municipal Heritage Committee (formerly LACAC), the Military Museum, Sherman Zavitz, City Historian, and the Board of Museums. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services February 23, 2004 - 2 - R-2004-12~ Initially, five (5) community groups expressed interest in utilizing the Annoury building. A review was conducted by David Schram of David Schram & Associates Inc. who completed a Business Plan on the potential use of the building. He recommended that the operation of the Armourybe assumed by the Niagara Falls Art Gallery, and that it, on behalf of the City, assume curatorship responsibility for the art donation from Dr. Afrukhteh. The Business Plan also recommended that space be provided for both the Military Museum and the Niagara District Art Association. With this partnership model, the annual cost to operate the building was estimated at $90,000. If this partnership did not exist and the building was used solely for the display of Dr. Afrukhteh's works of art, then the annual operating cost would increase to approximately $320,000 per annum. As part of the review process, Council also commissioned Trow Consulting Engineers Ltd. to conduct a building condition survey. This report was presented to Council and outlined the cost associated to restore/renovate the building. The cost estimated was $1,016,500, exclusive of interior renovations for a specific tenant(s) or for equipment/furnishings. Following a discussion regarding ah*ds report, Council directed staff to advise the Federal Government that for a nominal fee, the City was willing to assume ownership of the land and building. Further, Council directed that the cost ($90,000) of the roof replacement be included in the budge[ In a subsequent meeting, Council approved the Terms of Reference and appointments to an Advisory Committee. The Committee's mandate was to recommend to Council the potential use of the building. A letter was received fi.om Dr. Afrukhteh outlining his proposal to assume-full responsibility for tho restoration/renovation of the building. Council agreed to his proposal and the Advisory Committee was therefore temporarily put on hold. In subsequent staff meetings with Dr. Afrnkhteh, he stated that he would withdraw his offer if the building was not cleaned of all asbestos ($240,000) and if ownership of the building was not transferred to his foundation. He also informed staff that he intended to phase the required restoration/renovation work over a number of years and that he was only willing to provide $60,000 per year toward the project. Staffnow has serious doubt that Dr. AlS'uldateh can cover the cost to restore the building. Staff also provided pictures of the 400 plus pieces of art work that the Dr. Afi.nkhteh intends to donate to the city to a Conservator. In her opinion, there will be a fair amount of restoration required in order to eventually display the art works. In its current state, she views it as a significant financial liability and recommends that the City not accept the donation unless there is an endowment provided to restore and care for the art work. The Cityreceived an Offer to Purchase the Armoury fi.om the Federal Government. The offer raised a number of concerns and Council directed that staff meet with representatives of the Federal Government for pus~Poses of clarification. A smnmary of these concerns is as follows: The exterior of the building requires considerable remedial work and will cost an estimated $559,808. · The interior of the building has potential environmental concerns as identified in a Phase I Property Transfer Assessment Report. · Property is known to contain asbestos-containing materials. · The City must satisfy itself of the extent of the hazardous materials at its expense, remove February 23, 2004 - 3 - R-2004-12 and dispose of the material after closing. · No time frames to do remedial work or environmental ~vork. Heritage terms restrict alterations. The Federal Government confirmed that it would not release the City of its obligations and interest with respect to environmental issues if the City in turn transferred the Armoury building to any third party such as Dr. Afrukhteh. In fact, they advised the City that they would not transfer the land and building to an individual but only to a public body such as the City. In November 2003, the City received a Memorandum of Agreement. The Agreement outlined strict protocols regarding the disposal of any shells that might be uncovered on the property. The Offer to Purchase which was signed by the Mayor and Clerk has lapsed and therefore there is no binding Agreement with the Federal Government. Conclusion: It is recognized that the Armoury is an important heritage landmark. The building has been designated by the Federal Government as well as the City. However, the high cost to restore/renovate the building will place a significant financial burden on the municipality for many years to come. Staffis recommending that the Federal Government be advised that the City is no longer interested in obta'ming ownership of the building. Staff is also recommending that Dr. Afrukhteh be advised that unfortunately, the City is no longer in a position to accept his generous donation because of a lack of adequate space to both store and display the art work. Respectfully submitted: Prepared and Recomme~dd~y: ~-~t ~ e~/~e~ Adele K~°nR! ~//~~' - ~/~ ~oh/l~le flv~a;Dji~salbdativ e O ffi cer Di~ ks, Recreation & Culture City Solicitor AK/ROK/das S:\Council\Counci12004\R-2004-12 Armoury.wpd City of Niagara Palls - Tourism Policy Review Implementation Handbook May 21, 2004 Douglas Darbyson MCIP RPP Director of Planning and Development City of Niagara Falls City Hall P.O.Box 1023 4310 Queen Street Niagara Falls Ontario L2E 6X5 Dear Mr. Darbyson: Tourism Policy Review City of Niagara Falls, Ontario IBI Group is pleased to submit its Final Report and Urban Design Guidelines for the Tourism District of the City of Niagara Falls. In preparing this Report IBI Group has carried out the following tasks: · Review of the policies of the Officlar Plan for the City of Niagara Falls · Review of the Comprehensive Zoning By-law Regulations for the City of Niagara Falls · Review of the major development approvals since 2000 within the Central Tourist District Area (including the applications filed, the Reports of the Planning and Development Department, Recommendation reports of the Architectural Pear Review Panel, Decisions of Council of the City of Niagara Falls, and Decisions of the Ontario Municipal Board related to specific hotel applications); · Publication of a Phase One Report summarising the findings of our Phase One research and making a number of implementation recommendations, which Phase One Report was the subject of a Council Orientation Workshop in the summer of 2003 and subsequently published as an information report on the City's internet web-site; · Facilitation of two Community Consultation Focus Group meetings March 10 and 16, 2004 at the Central Library, the findings of which were published and made available to the public; ·Facilitation of a Community Consultation Town Hall Meeting March 31, 2004 at the City Hall Council Chambers; and · Various liaison meetings with civic officials and representatives of City Council. City of Niagara Falls -Tourism Policy Review Implementation Handbook Having carried out this review and community consultation process, it now is our Conclusion and Recommendation that the current policies of the Official Plan do not require formal amendments under the Planning Act. The current Official Plan policies are adequate to achieve the key Tourism objectives of City Council and the community. It Is our Recommendation, however, that implementation of these policies should be more effectively understood and administered through clearer implementation Guidelines that could be appended to the Official Plan document to inform the development Industry, the community and the Architectural Peer Review Panel as what It is that is expected to be achieved through the Official Plan and the city's current development review protocols. The Recommended Guidelines are in conformity with the Official Plan and intended to be illustrative and exemplary rather than prescriptive or regulatory. The way we have organized our submission, applicable Official Plan policies are cited with each Guideline. The Guidelines set out Urban Design Objectives that should be achieved through the official plan policies and Development Review Design Requirements that should form part any application review in response to the Official Plan policies. They can function as a replacement to the current TADS Guideline implementation documents. The current City of Niagara Falls planning regime requires and relies upon the adoption of Amendments to the Zoning By-law to implement development applications for buildings in excess of 4 storeys. The Guidelines are intended to assist the Planning and Development Department and other civic officials In their review of these development applications. In all cases, the final design for development and the precise performance standards imposed upon a development site should be the product of the analysis of its contextual relationship within the District area and the appropriate organization of development on-site and in relation to its neighbours. During the course of the City's ongoing review of new development applications, the level of information required to adequately demonstrate conformity with the official plan will vary and change over time based upon new information, new trends and new municipal requirements. The current wording of the Official Plan policies are adequate to flexibly respond to changing needs over time. For example, the current Recommendations of the Niagara Parks Commission as to the evaluative tests that should be carried out to assess the microclimatic implications of new development, can be accommodated under the current official plan policies enabling Council to require satisfaction on these matters. Similarly, the ability of the City to more effectively secure ali of [ts community benefits through Agreements executed under Section 37 of the Planning Act, are also adequately enabled through the current Official Plan policies. In our Phase One Report, we put forward a Recommendation for a Second Tier within the Central core of the Central Tourist District where an increased height could be considered and appropriately massed. We still believe this opportunity exists for properties within the central area of the district away from the escarpment area and away from the transition to the residential nelghbourhoods, but having carried out the public consultation process, we no longer believe It appropriate to pre-designate by Amendment in the Official Plan any areas for increased height within the potential second tier District. We believe any such applications require an evaluation on their merits and that they require a full contextual analysis each time. Our Recommendations have put forward, however, a proposed Financial Formula as a form of Section 37 Community Benefit that Council and the development industry could consider when adopting any such amendment to the Official Plan under Its current policies. Any such arrangement would be subject to the full public scrutiny required of all Official Plan Amendments and not pre- determined. In conclusion it has been our pleasure, to work with you and your staff, the Mayor and Members of Council and the people and hotel industry representatives in the City of Niagara Fails. We look forward to City of Niagara Falls - Tourism Policy Review Implementation Handbook presenting our Recommendations to Council and wish all success and accomplishment in the achievement of the City's vision for the City. Yours truly, IBI Group Trevor Mclntyre, OALA, OLA, Director David Hastings B.Arch, MRAIC, Director Rob Dolan, MCIP RPP, Associate Deanne Mighton,, Urban Design Corporate Services Department PD-2004-46 til~ Planning & Development Doug Darbyeon The Cify of Falls'--~yJ ~._ 4310 Queen Street Director Niagara P.O. Box 1023 Can~~ Niagara Falls, ON L2E 6X5 ~r~.. web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city, niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-46, City of Niagara Falls - Tourism Policy Review That the ? Recommendations be received & adopted and further that staff review The Architectural Peer Review Panel Process and report back to Council. That submissions from the development community, regarding accepting community benefits under Section 37 of the Planning Act, be solicited and received within the next two weeks. RECOMMENDATION: It is recommended that Council: 1) accept the IBI Group's recommendation that the City's Official Plan policies are adequate to achieve the tourism objectives of City Council and the community; 2) accept the IBI Group's final report which has been prepared in the form of an Implementation Handbook to more effectively achieve the tourism policy objectives prescribed in the Official Plan; 3) authorize staff to forward copies of the consultant's final report to all persons, groups and agencies who participated or expressed an interest in the tourism policy review initiative; 4) instruct the Architectural Peer Review Panel to have regard to the IBI Group's enhanced urban design objectives when reviewing development applications in order to ensure that the purpose and intent of the City's tourism policies are being realized; 5) require applicants for high-rise building proposals to submit all requisite contextual plans and studies in order to constitute a complete application for plan review and processing. The recommendations of the IBI Group for enhanced micro-climatic impact studies be included as part of a "complete" application; 6) invite comments from the development community regarding IBI's recommendations for accepting community benefits in exchange for increased heights and densities under Section 37 of the Planning Act. (Council should specify a time frame for submissions as the Hilton hotel application is pending and a community benefit contribution will need to be negotiated.); and WorMng Together to Serve Our Community Clerks · Finance Human Resoumes · Information Systems Legal · Planning & Development May 31, 2004 - 2 - PD-2004-46 7) direct staffto prepare an overall implementation programme for the tourism policy review. This programme will include: a) the formal adoption of the I13I Group's Implementation Handbook as an appendix to the Official Plan; b) the implementation of the Streetscape Master Plan through an Official Plan amendment specifying road widening requirements; c) the establishment of general zoning regulations for building floor plates and minimum separation distances between high-rise towers; d) the preparation of a linear corridor plan for the Hydro Corridor to serve as an urban separator, buffer and transitional area between residential neighbourhoods and tour/st land uses; and e) other logistical details as recommended in the IBI report. BACKGROUND: With the submission of the attached report, the 113I Group has completed its commissioned work regarding the City's Tourism Policy Review. The letter of transmittal dated May 21, 2004 describes in detail the tasks completed for the 1131 Group throughout the studyprocess. Based on this review, the consultants have concluded that the current policies of the Official Plan are adequate and, if effectively implemented, would serve the City well in achieving its tourism vision and urban design objectives. No Official Plan policy changes have been recommended. The focus of the 1131 Group's recommended improvements deal with ways and means of plan implementation. To this end, an Implementation Handbook has been prepared to better illustrate how Official Plan policies should be interpreted and administered. A renewed onus is placed on all parties involved in the development approval process to collectively work toward the Tourism Area Vision upon which the Official Plan is based. In staff's opinion, the conclusions and recommendations of the consultant are well conceived and a good deal of effort has been made to balance the wishes of the development community with those of the community at large. Neighbourhood residents wish to be treated as stakeholders and their interests appear to be in proper planning and mitigation of potential impacts. The tourist community's interests are largelybased on economics, hence their emphasis is on flexible regulatory controls. The consultants have managed to balance these interests in what they call an Implementation Handbook which is illustrative and exemplary rather than prescriptive and regulatory. The IBI Group will be presenting their conclusions and recommendations to Council at the May 31, 2004 meeting. Their recommendations cover a broad range of topics and principles including building heights and massing, skyline composition, protecting the icon status of the Skylon Tower, micro-climate considerations, on- site parking, urban separators and stable boundaries, and Section 37 community benefits. Any questions or comments Council may have with respect to any of these topics will be addressed by the consultants in attendance. Staff Recommendations The recommendations set out in this staff report focus on the actions needed to be taken to implement the consultant's recommendations. Specifically addressed are directives to the Architectural Peer Review panel, the need for complete applications and requisite impact studies, further liaison with the development community regarding community benefits under Section 37 of the Planning Act and directives to staff regarding an overall programme for Plan implementation. May 31, 2004 - 3 - PD-2004-46 The Tourism Policy Review conducted by the IBI Group had three strategic goals: 1) to assess how well the City planning system is working in light of the goals and objectives contained in the Tourist Area Development Strategy (TADS) and O.P.A. No. 26; 2) to assess the strengths and weaknesses of the planning system in implementing the City's tourism vision; and 3) to identify the implementation strategies and tools needed to effectively achieve the City's stated goals and objectives. Staff is of the opinion that the IBI Group has successfully achieved these strategic goals through the study process and in preparing their final report. Staff is pleased to recommend to Council the acceptance of the report and to move forward with detailed actions regarding implementation. Recommended by: Respectfully submitted: ~'~ ,..,. jo~4~M~acDon~ald DDi;;cgtoDr oarbf~SlC&ing & Development ~hief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services DD:tc SSPDR~2004~PD200446, Tourism Policy Review.wpd I ! I Community Services Department MW-2004-95 The City of ~ Ed Dujlovic ~ Municipal Works · W~,~' 4310 Queen Street N~ogara Foils Director -- . s,. l~. P.O. Box 1023 C;Qn~~ Niagara Falls, ON L2E 6X5 ~'-~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: ed ujlovi@city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-95 - Development Charges Background Study Conclusions and Recommendations RECOMMENDATION: It is recommended that the Development Charges Background Study (May 14, 2004) be received for the information of Council. BACKGROUND: At its meeting on July 14, 2003, City Council authorized the engagement of C.N.Watson and Associates Ltd. to prepare the Development Charges Background Study that will be used to support the Council's decision regarding new Development Charge rates that will be in effect over the next five years. The City of Niagara Falls - 2004 Development Charges Background Study (May 14, 2004) is being presented this evening to engage the development community in meaningful discussion concerning the process, calculations and appropriateness of the new rates. The format of the study is governed by specific requirements in the, Development Charges Act, 1997. Appropriate reductions have been made to the calculations to reflect the benefit those existing property owners may receive from the planned projects. There are a couple of important matters that should be brought to the Council's attention at this time that will affect the calculation of the new Development Charge rates. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services May 31,2004 -2 - MW-2004-95 1. The current Development Charges By-law (by-law #99-144) has been appealed to the Ontario Municipal Board by a group of tourist core property owners and staff is currently working with the appellants to answer their questions. If the appeal is successful or a negotiated settlement occurs, a refund would affect the current Development Charges Reserve Fund balance thereby potentially increasing the new rate. 2. Over the past five years, City Council has seen fit to exempt industrial and agricultural developers from having to pay Development Charges. Given the current climate for industrial and agricultural growth staff has directed the consultant to continue this exemption and discount any growth related to these sectors. 3. The City is currently embarking on the implementation of a new Community Improvement Plan (CLX) for the Downtown Core Area. Since the policies regarding possible Development Charges exemptions/reductions have yet to be finalized, it is premature to include specific provisions. Once the CIP is complete and the policies endorsed by Council an amendment to the new Development Charges By-law will be necessary. In an effort to seek some feedback from the development community, staff arranged an informal meeting on Tuesday, April 27, 2004 at 4:00 p.m. (Committee Room 2). At that time, the group was provided with preliminary calculations of the new Development Charge and was invited to comment on any component of the Background Study distributed to them that day. Staff have received a couple of inquires and comments which were subsequently added to the Background Study and resulted in even higher rates in all categories. Finally, notwithstanding the series of complex calculations contained within this study, it is important to remember that this exercise involves estimated construction costs incurred during an estimated time frame based on estimated growth rates. It is highly unlikely or improbable that the final rates calculated will accurately fund the projects that are anticipated in Schedules B, C and D of this study. To this end, the setting of Development Charge rates can be strategic in nature so that projects that need to be implemented to accommodate new growth are funded by new growth and do not put heavy financial burden on the existing rate payer. Likewise, the rates should not become a financial impediment to new development to the extent that the municipality loses opportunities to revitalize its economy and increase property assessment. The feedback from this evening's Public Meeting will be helpful to the council in striking the balance. The issues raised can be addressed in the final report and considered with the new Development Charges By-law presented to Council at a meeting tentatively scheduled for June 28, 2004 or July 12, 2004 if preferred. May 31,2004 - 3 - MW-2004-95 :P~ /~ Respectfully submitted: Geoff HoIYnan .~t~,/' John MacDonald Manager of Development ~'" Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works S:XREPORTS\2004 ReportshMW-2004-95 - Development Charges Background Study. wpd 6265 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 TELEPHONE (905) 354-3853 P.O. BOX 576 FAX (905) 354-1816 t-llRG, F~L$ CLEI~KS'[~4 04~¢ L-, c- April 21, 2004 HAND DELIVERED Mr. Dean lorfida - City Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: RE: IMPOSTS FOR THE CITY OF NIAGARA FALLS It was brought to my attention that the City is considering an increase in imposts very shortly. I would like to express my opinion on this issue. As one of the largest developers of residential subdivisions in the City of Niagara Falls, I would like to caution the City on raising the City imposts at this time. Five years ago we were faced with an increase of $1,854.00. Council decided to increase the imposts by the full amount in that year as opposed to a gradual increase over a two or three year period. We, as the land developers found it very difficult to persuade the builders and the public to accept this large increase all at once. May I suggest that Council consider very seriously any increase which they may impose be spread over a two or three-year period. It would seem with the new Casino about to open, there will be an influx of people who will require housing. Some of these people will want to live in Niagara Falls. Please help to make our City affordable. The City imposts coupled with the Regional imposts make buying a house almost prohibitive unless you are a double income family. Currently the City imposts and the Regional imposts total $9,911.00. The average family finds that affordability for a new home in Niagara on a 40 - 50 foot lot is beyond their reach. I hope Staff and Council wilt consider my remarks in making their decision in regards to any new impost policy, which they may implement. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. Per: ~ S.A. Branscolnbe, B.Sc., President. cc: Mayor Ted Salci Mr. Ed Dujlovic - Director of Engineering BRIAN SINCLAIR PROFESSIONAL CORPORATION F,LLs , LERKS'04 WAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario TEL.: (906) 366-7765 FAX: (905) 366-7772 20 May 2004 Mr. Dean I©rfida, City Clerk City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Re: Miller Road Estates North Subdivision 727604 Ontario Limited Your File: 26T-11-2000-05 (Revised) In connection with the above matter, I note that the City of Niagara Falls has received the report of C.N. Watson and Associates Ltd. dealing with the issue of development charges. The conditions of draft plan approval for this subdivision require the reconstruction of Miller Road from this site westerly to Willoughby Drive. A provision for the reconstruction of Miler Road is made in the draft report as referred to above. The gross capital cost is estimated at $368,000.00. This letter is written in the knowledge that the draft development charge policy is proposed to be considered by City Council in the latter part of this month. The purpose of this letter is to inform City Council that it is our intention to obtain final approval from the City permitting this Plan of Subdivision to be registered at the earliest reasonable date and, hopefully, prior to the end of August of this year. With the forgoing in mind, we are also asking City Council to approve the allocation of funds for the reconstruction of Miller Road as set out in the consultant's report. 3 1 ZO0 . Please bring this letter to the attention of City Council. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Brign.~' c.c. R. Volpini G. Holman P. Fisher Zak Ali R. Wilson G. Cook Corporate Services Department L-2004-25 The City of Legal Services R.O. Kallio Niagara Falls 4310 Queen Street City Solicitor Canada P.o. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city, niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-25 Noise Control By-law Our File No. 2003-251 RECOMMENDATION: l. That the proposed Noise Control By-law (the "By-law") attached to this Report as Schedule "A" be passed. 2. That short-form wording and set fines for the By-law be adopted and forwarded to the Province for approval. 3. That the Niagara Regional Police Service be sent a copy of the By-law and asked to enforce it as may be required. 4. That Staff meet with the Niagara Regional Police Service to coordinate efforts so that the By- law will be effectively enforced. 5. That Staff continue to monitor any unnecessary sound sources and to work with businesses and individuals in ensuring compliance with the By-law. BACKGROUND: At its meeting of August l 1, 2003, Council directed that a new by-law be prepared to deal with, among other matters, noise from commercial sources which were affecting residents of Niagara Falls. Working Together to Serve Our Community Clerks · Finance Human Resources Information Systems · Legal Planning & Development May 31, 2004 - 2 - L-2004-25 Attached to this Report is the proposed Noise Control By-law which would replace the existing Noise By-law No. 1967-7535. The features of the By-law are as follows: · General prohibition against any noise that is likely to disturb the inhabitants of the City · Specific prohibition against certain activities such as the revving of engines, engine noises without proper mufflers, honking of horns (Schedule 2) · Time and Activity prohibitions- activities which cannot be carded out between certain hours of the day such as operating equipment, waste pickup, deliveries, amplified sound (Schedule 3) · An exemption from certain Time and Activity prohibitions for the entertainment areas of the City including Clifton Hill, Victoria/Centre, Fallsview and Stanley (Schedules 1 and 3) · Exemption for emergency vehicles · Exemption for incidental noises from carnivals, parades, fireworks and other activities which have been authorized by Council (Schedule 4) · Council may specifically exempt an activity upon application to the City upon terms and conditions which Council may impose and for a fixed term not to exceed six months (Schedule 5) The purpose of the By-law is not to eliminate or severely restrict all sounds but rather to prohibit or regulate unwanted sounds so that residents and visitors can enjoy peace and quiet at the appropriate times. The prohibitions are reasonable in that they attempt to balance the realities of our urban society with the basic rights of people not to be subjected to objectionable or unreasonable noise. Staff investigated the possibility of licensing outdoor patios as a means of controlling noise. However, it is our view that municipal licensing would not be effective as a noise control method because, among other reasons, there may be a conflict with liquor licences which are issued to establishments for outdoor patios. A number of these licences have conditions attached regulating the hours of operation for outdoor patios. Noise complaints by residents to the Alcohol and Gaming Commission o f Ontario, the licensing body for liquor licences, would probably be more effective in controlling noise from outdoor patios than a municipal licence. Planning and Development Services is preparing a Site Plan Guideline booklet which will deal with new outdoor patios being proposed in the City. Upon its completion, it will be presented to Council for its consideration. As well, the new comprehensive zoning by-law currently being prepared will deal with regulating outdoor patios from a land use perspective. A meeting was held on Thursday, March 25, 2004, with restaurant/bar owners to advise them of the proposed By-law and to seek their input. The attendees felt that the City should not be treated as a homogeneous entity for the purposes of noise control and that there were differences between various areas with respect to the expectation and acceptance of noise. As well, several attendees commented that new patios were being permitted in locations without any guidelines and that this May 31, 2004 - 3 - L-2004-25 was a contributing factor to the friction between certain restaurants/bars and residents. Therefore, consideration has been given to exempt certain areas of the City from some of the Time and Activity prohibitions. Primarily, those areas of the City kvown as the "Entertainment District" should be treated differently from other parts of the City with respect to noise. As set out in Schedule 1, this area includes Clifton Hill, Victoria/Centre, Fallsview and Stanley Avenue. The Entertainment District caters to tourists, visitors and residents, fi.om morning to late into the night. In our view, there is a big difference between the way that the Entertainment District functions and the rest of the City. In many respects, the Entertainment District is a "24/7" operation. Activities such as deliveries, garbage pick-up and maintenance take place in the early morning hours because the streets are too congested during the day and evening to can'y out these functions. Unlike Lundy's Lane, the residential areas in the Entertainment District are further away fi.om the source of the noise and therefore the noise impacts to these residential areas should be less than in the Lundy's Lane area. The purpose of this By-law is to overhaul the previous Noise By-law which, while it worked satisfactorily, did not specifically prohibit certain sounds and activities. New provisions such as Specific Prohibitions and Time and Activity Prohibitions should make the By-law clearer as to what people may or may not do with respect to noise. While this By-law addresses noise from commercial establishments, noise from residential sources are also addressed. Persistent barking by dogs, operating power devices and the playing of music, if done within prohibited time frames, would be contrary to the By-law. Critical to the success of this By-law is proper enforcement. Co-operation by the Niagara Regional Police Service in enforcing this By-law is essential. It is Staff's intention to meet with the police to review the provisions of this By-law and to provide them with ticket books so that they can issue tickets, if necessary. Staff will also enforce the provisions of this By-law. Re. ~,ded by: Respectfully submitted: i ~g,/John MacDonald Cit,' Solicitor Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services ROK/sm Attachment CITY OF NIAGARA FALLS ~- By-law No. 2004 - I~ NOISE CONTROL BY-LAW To prohibit and regulate noise in the City of Niagara Falls. ill WHEREAS section 129 of the Municipal Act, 2001 (the "Act") authorizes councils of local municipalities to pass by-laws to prohibit and regulate with respect to noise; ~ AND WHEREAS it is in the public interest to reduce the noise levels in the City by prohibiting and {'J'~ regulating the making, creation or maintenance of excessive and unreasonable noises within the City. TI-IE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions In this By-law, "Chief Building Official" means the Chief Building Official for The Corporation of the City of Niagara Falls; "City" means Thc Corporation o£th¢ City of Niagara Falls; "Council" means thc Council of the City; "construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway bnilding, application o£ concrete, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith; "construction equipment" means any equipment or device designed and intended for use in construction or material handling, including but not limited to, hand tools, power tools, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; "conveyance" includes a vehicle and any other device employed to transport a person or persons or goods from place to place, but does not include any such device or vehicle if 2 operated within the premises of a person; "exempted area" means that area shown hatched on Schedule 1; "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, lane, bridge, viaduct or trestle; "inhabitants" means one or more persons who reside in the municipality; "motor vehicle" includes an automobile, motorcycle and any other vehicle propelled or driven other than by muscular power; "municipality" means the geographical area in respect of which the City has jurisdiction; "noise" means unwanted sound; "point of reception" means any point on the premises of a person where noise, originating from other than those premises, is received; "power device" means any powered device used in the servicing, maintenance or repair of property except devices driven by muscular power only and snow blowers; and "residential area"means anyland within the municipalitywhichis zoned for residential uses by the City's zoning by-law or which is used in whole or in part for human habitation. General prohibition 2. No person shall make, cause or permit noise or vibration which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the municipality. Specific prohibitions 3. No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 2 if the sound is clearly audible at a point of reception. Prohibitions by time and activity 4. (1) No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 3, if clearly audible at a point of reception located in a residential area of the municipality within the prohibited time as set out in Schedule 3. (2) Subsection (1) does not apply to the exempted area where it is listed in Schedule 3 next to the listed act and the prohibited time. 3 Exemption for public safety and highways 5. Despite any other provision in this By-law, it shall be lawful to emit or cause or permit the emission of sound in connection with measures for; (a) the immediate health, safety or welfare of the inhabitants of the municipality under emergency circumstances; or (b) any emergency requiring immediate action for the construction, preservation, restoration or repair of any highway. Exemption- activities 6. Despite any other provision in this By-law, this By-law does not apply to any person who emits or causes or permits the emission of sound or vibration in connection with any of the activities set out in Schedule 4. Exemption by Council 7. (1) Despite any other provision in this By-law, any person may submit a written application with full particulars and supporting documentation to the Chief Building Official for an exemption from any of the provisions of this By-law. (2) The application mentioned in subsection 1 shall be made in writing, in duplicate, and shall contain the information and fulfil the requirements set out in Schedule 5. (3) The Chief Building Official may require an applicant to provide such further and other information as the Chief Building Official deems necessary to consider and evaluate the application. (4) No application shall be deemed complete until all required information has been provided by the applicant. 8. (1) The Chief Building Official shall prepare and submit a report to Council and Council may refuse to grant the exemption or may grant the exemption applied for, or any exemption of lesser effect and any exemption granted shall specify the time period, which shall not be in excess of six months, and may impose such terms and conditions as Council sees fit. (2) A breach by the applicant of any of the terms or conditions of the exemption granted by Council shall terminate the exemption forthwith. 4 Intention to maintain valid provisions by severance 9. The Council declares and confirms its intent that should any provision or any part of any provision of this By-law be held by a court of competent jurisdiction to be invalid, or of no force and effect, it is the intent of the Council in enacting this By-law, that each and every other provision of this By-law, and every part of any provision, authorized by law, stand and be applied and enforced in accordance with its terms to the extent possible according to law. Enforcement 10. Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for under the provisions of the Provincial Offences Act. Schedules- part of By-law 11. Schedules 1, 2, 3, 4 and 5 attached to this By-law shall form part of this By-law. By-law Repealed 12. By-law No. 1967-7535 is repealed. Short title 13. The short title of this By-law is the Noise Control By-law. Passed this 31st day of May, 2004. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: May 31, 2004. Second Reading: May 31, 2004. Third Reading: May 31, 2004. Schedule 1 to By-Law No. 2004 ~ Exempted Area 6 SCHEDULE 2 SPECIFIC PROHIBITIONS 1. The rewing of an engine or motor. 2. The operation of a motor vehicle in such a way that the tires squeal. 3. The operation ora motor vehicle, engine, motor, construction equipment or pneumatic device without an effective exhaust, intake-muffling or other sound attenuation device, which device is in good working order and in constant operation. 4. The operation of a conveyance or a motor vehicle, with or without a trailer, resulting in banging, clanking, squealing or other sounds due to improperly-secured loads or equipment, or inadequate maintenance. 5. The operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. 7 SCHEDULE 3 TIME AND ACTIVITY PROHIBITIONS Type of Act Prohibited period of Exempted Area time 1. The persistent barking, whining, calling or At any time other similar sound made by any domestic pet or other animal kept or used for any purpose other than agriculture. 2. Persistent yelling, shouting, screaming, At any time whistling, hooting or singing. 3. The activation of a security alarm resulting At any time in sound for a duration in excess of five minutes. 4. The operation of construction equipment Between 7:00 p.m. in connection with construction, one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays 5. The operation of any power device or non- Between 9:00 p.m. power device or tool for domestic purposes, one day to 7:00 a.m. except snow blowers, the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays 7. The operation of solid waste, refuse or ! Between 9:00 p.m. Schedule 1 recyclable bulk-lift or refuse-compacting one day to 7:00 a.m. equipment, the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays $ Type of Act Prohibited period of Exempted Area time 8. The operation of an engine or motor which Between 9:00 p.m. is used in or is intended for use in, a toy or a one day and 7:00 model or replica of any device, which toy, a.m. the next day, model or replica has no function other than 9:00 a.m. on amusement and which is not a conveyance. Saturdays, Sundays and statutory holidays 9. Vehicle repairs. Between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on Saturdays and statutory holidays and all day Sunday 10. The loading, unloading, delivering, Between 11:00 p.m. Schedule 1 packing, unpacking or otherwise handling of one day to 7:00 a.m. any containers, products or materials, the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays 11. The use of any electronic device or group Between 11:00 p.m. Schedule 1 of connected electronic devices incorporating one day to 7:00 a.m. one or more loudspeakers or other electro- the next day, 9:00 mechanical transducers and intended for the a.m. on Saturdays, production, reproduction or amplification of Sundays and sound, statutory holidays 12. The playing of music. Between 11:00 p.m. Schedule 1 one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays 9 SCHEDULE 4 EXEMPTED ACTIVITIES 1. Incidental noise from any carnival, midway, exhibition, fair, circus or similar event for which a licence has been issued by the City. 2. Incidental noise from any parade authorized by Council. 3. Incidental noise from any spo~ting, recreational, musical, entertainment or similar event or performance which has been authorized by Council. 4. Incidental noise from any activity of the City or the Regional Municipality of Niagara, their employees, agents or contractors, associated with the construction, repair, performance or maintenance of essential municipal services. 5. Incidental noise from the detonation of fireworks which detonation has been authorized by Council. 10 SCHEDULE 5 APPLICATION FOR EXEMPTION 1. Every application for exemption from any of the provisions of this By-law shall be in writing, submitted to the Chief Building Official and shall contain: (a) the name and address of the applicant; (b) a description of the source of sound or vibration in respect of which exemption is sought; (c) a statement of the specific provision or provisions of the By-law from which exemption is sought; (d) the period of time, ora duration not in excess of six months, for which the exemption is sought; and (e) the permit fee. 2. The applicant shall submit such reports, drawings, graphs or other documents to support his/her application for exemption or as required by the Chief Building Official. 3. The applicant shall submit as a deposit an amount that the Chief Building Official deems reasonable, being the estimated cost of advertising the notice of intention to apply for an exemption to this By-law in a newspaper having general circulation in the City. Page 1 of 1 Barb Muir - Fwd: noise bylaw From: Dean Iorfida To: Barb Muir Date: 5/26/2004 2:22 PM Subject: Fwd: noise bylaw Ray; Thanks for the copy of the noise bylaw. I have two questions; Why is yelling and screaming prohibited from 9:00 pm and amplified noise from 11:00 pm? How would you feel if you came home from work and had to listen to noise from bar patios up until the time you go to bed, thero is no way you can relax on your own patio to wind down from a day at work. How is this bylaw to be enfomed? What happens if the bars are making noise from Friday night on and we can't contact City Hall until Monday (or Tuesday on a long weekend). We must have 24/7 access somehow. The police just won't enfome this (especially now with their budget problems) Regards Don Price 0 0 0 file ://C :\Docmnents ¼20and ¼20 Settings~.dministrator\Loca1¼20Settings\Temp\GW} 000... 5/26/2004 May 18, 2004 City of Niagara Falls 4310 Queen Street Niagara Falls, On L2E 6X5 Attention: Mr. Dean Iorfida, City Clerk Dear Dean Re: Lundys Lane B.I.A. - Approved 2004 Budget I am pleased to provide the City with the following required B.I.A. information: / The approved 2004 budget. / The 2004 Board of Management including a listing of Officers NB. Mayor Ted Salci has agreed to sit on our Board as City representative. For further information, I can be contacted at the Best Western Cairn Croft Hotel at 905- 356-1162 X608. Yours truly, Len J. Cade Chairman, Lundys Lane B.I.A. cc. Jim Cooper, Treasurer-Lundys Lane B.I.A. Mark Palumbi, Crawford, Smith & Swallow CHAIRMAN TREASURER MARKETII~IG MAI~La, G E R ¥1SITORS GUIDE AD SALES Len Cade lim Cooper Lisa Smith Gino Mazzarella 905 356. I 162 ext. 608 905 374-0288 905 356-1162 ext 618 905 688-2849 LI. JNDY'S LANE BUSINESS IMPROVEMENT AREA 3/8/2004 BUDGET 2004 REVENUE Income Tax Levy From City $240,000 Interest Earned $1,000 Total Income $241,000 TOTAL REVENUE $241,000 10Q0% EXPENSE Administration & General Expense Audit Expense $1,100 0.5% Bad Debts $750 0.3% Bank Charges & Interest $200 0.1% Bookkeeping Services $2,500 1.0% Insurance - Directors' Liability $1,250 0.5% Insurance - General Liability $1,500 0.6% Mail Box Rental $100 0.0% Membership Dues $750 0.3% Miscellaneous Expense $250 0.1% Printing & Postage $500 0.2% Sponsorships $15,000 6.2% Total Administration $23,900 9.9% Casino Shuttle Shuttle Expense $37,500 Ticket Sales -$35,000 Total Casino Shuttle $2,500 1.0% Marketing Expense Billboard & Bench Advertising $15,000 6.2% CAA/AAA Tour Books $27,997 11.6% Call Centre $2,500 1.0% Niagara Golf Trail Ad $1,500 0.6% Brochure Distribution $19,150 7.9% Enquiry Kits $4,825 2.0% Festival of Lights Advertising $1,500 0.6% Marketing Co-ordinator Fees $5,000 2.1% Advertising & Promotions Contingency $5,000 2.1% Niagara Seasons Magazine $6,250 2.6% NFT Dining & Shopping Guide $3,000 1.2% NFT Destination Planner $2,500 1.0% Niagara The Visitor Magazine $5,500 2.3% Golf Ontario Style $3,100 1.3% TODS Highway Signage $5,500 2.3% Web Site & Links $1,500 0.6% Map $10,000 4.1% Lundy's Lane Visitor Guide Design & Printing $59,420 Advertising Sales -$34,000 Net Cost $25,420 10.5% TotaL Marketing Expense $145,242 60.3% TOTAL EXPENSE $171,642 Transfer to Reserve Fund $69,358 28.8% TOTAL EXPENSE & TRANSFER TO RESERVE $241,000 2004 BOARD OF MANAGEMENT 1.Len Cade(CHAIRMAN) - Best Western Cairn Croft 2.Letitia Di Bellonia - Ameri-Cana Resort & Spa 3.Ralph Biamonte - Mick and Angelo,s & Candlelight Motor Inn 4.Jim Cooper (TREASURER) - Oh Canada Eh Dinner Show 5.Ethel White Ashby - White Glove Tour and Reception 6.Marjorie Ruddy - Canada One Factory Outlet 7.Tony Vommero - Comfort Inn 8.Veena Shahani ~VICE CHAIR~Maple Haven Motel 9.Arvind Vyas -Dutch Inn 10.Fran Berry - Expression Flowers & Gifts 11.Mike Verma - Villager Lodge 12.TJ Sohal - Rodeway Inn & Suites 13.Vijay Kapur - Star Inn 14. Melynda Smith-Sassi Boutique 15.Mayor Ted Salci-City Representative Lisa Smith - Advertising & Promotion Manager Bev Cannon - Bookkeeper CHAIRf~AN TREASURER PL~,RKETI NG I"IANAG E R VISITORS GUIDE AD SALES Len C~de Jim Cooper Lisa Smith Gino M~zzarella 905 386-1162 ext, 608 905 374-0288 905 356-1162 ext. 618 905 688-2849 Ma~ 19 04 07:SBp Victoria-Centre BI8 905-358-5891 p. 1 Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 May 17, 2O04 De~r Dean: The Victoria-Centre BIA has fimflized the budget for the year 2004, We have set our budget at $250,000. Please submit this to City Council for approval. As was done last year the funds casa be issued to the association as we have a bank account in place. Thank you for your assistance in this matter. Administrator P. O, Box 841, Niagara Falls, Ontario L2E 6V6 ~t~ tel: 905.358-7137 fax: 905-358-5891 ~r t~J u u J. 905,849,9700 u, 1-800-263-0009 (f) 905.84~.7040 May 26~h, 2004 FAX TO: Mr. Dean Iorfida City Clerk 905 356 9083 FROM: Cathy Sherk Legends on the Niagara Director, BMO Financial Crroup Canadian Women's Open RE: CUMMINGTON SQUARE - JULY 7'"" TO I 1ru No doubt you are aware Legends on the Niagara is hosting the LPGA event, known as the BMO Financial Croup Canadian Women's Ope~, the week of July 5th to 11~'. We would like to request the use Cnmmlngton Square to house aaa information leader board July 7e' through 11th and ask the City to waive any cost which might be involved_ Electricity is not required, nor is security, as we will be removing the board nightly, It would be appreciated if you would pass this request aloag in the Councillors' package for the Monday night meeting. Thank you for your assistance in this regard. Cathy Sherk The City of JJt~ Clerk's Department Niagara Fallsll~J_ Inter-Departmental Memorandum Can~JJ~' To: Mayor Ted Salci Date: May 31, 2004 & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Special Occasion Permits: Niagara Wine & Food Classic & 2004 BMO Financial Group Canadian Women's Open Niagara Falls Tourism is holding its third annual international celebration of wine and food. The Classic has become a signature tourism event. For Niagara Falls Tourism to receive a Special Occasion Permit, a municipal resolution must be passed designating the Niagara Wine & Food Classic as a significant event. Another significant event coming to Niagara Falls this year is the Canadian Women's (GolF) Open. The top female golfers on the Canadian tour will be competing at Legends on the Niagara next month. 60,000 spectators are expected over the course of the tournament. Similar to Niagara Falls Tourism, Gourmet Cuisine Catering is seeking a Special Occasion Permit in conjunction with the event. Therefore, it is respect~lly recommended that Council approve the two attached resolutions. Significant Events Significant events are events of municipal, provincial, national or international significance. The municipal council or delegated municipal official must designate events of municipal significance. wor~in0 Tooet~er to Serve O.r Comm.nit~ Niagara Wine&Food ~ I~G F~LLS CLERY':' '( ' P~~ ,' Classic An internaU'onal wine and food experience April 13, 2004 City of Niagara Falls, Corporate Services Dept. Clerk's Division Attn: Mr. Dean Iorfida 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Iodida, Niagara Falls Tourism will be presenting the 3rd Annual Niagara Wine & Food Classic: World Renowned Locationl World Class Chefsl Internationally Celebrated Winesl Sept. 10, 11, 12, 2004 Niagara Parks Queen Victoria Park, Niagara Falls. A celebration of wine and cuisine, the Niagara Wine & Food Classic is held amid unmatched natural scenery basking in the beauty of the world famous Niagara Falls. This event debuted in 2002 and is well on its way as being a signature wine and culinary event on the international stage. Visitors come to experience local and international wineries along with foods prepared by talented chefs, creating a magical weekend rich in flavours, creativity and entertainment. There are vineyard excursions, grand tastings, chef demonstrations wine seminars and winemakers' dinners. Exquisite wines, enhanced by extraordinary food prepared by our chefs, make this event a memorable and exciting international celebration. At this time, we respectfully request recognition of the Niagara Wine & Food Classic as an event of municipal significance by the City of Niagara Falls. Included in this request is notice of our application for a Special Occasion Permit for this event and in accordance with their regulations, we respectfully request a letter acknowledging our notice to you and acceptance by you. Should you need any further information or clarification, please contact me at 905-356-6061 ext. 40. Thank you for your consideration. Sincerely, Heidi Werner Event Coordinator c/o Niagara Falls Tourism, 5515 Stanley Avenue, Niagara Falls, ON Canada L2G 3X4 Tel. 905 356-6061 · Toll Free 1-800-563-2557- Fax 905-356-5567 events@niagarafallstourism.com www. DiscoverNiagara.com .... ; City Clerks .... At'tn: I~an lon~da .-, Fax (905) 356-9083 ~:~.~..~ .... Play 26, 2004 , Significant Event - 2004 Bt, fO flnandal (mb ?anadian Women'~ Open ~ *'" The BHO Financial Group Canadian Women Open has the world's best women "' professional golfem. This years' event takes pi from July 5t~ - 11~ at the tmautiful · -,~ Legends on the ~lagara in Niagara Falls, Onta! It is the only Canadian ~top on the :~" LPGA Tour, .... ~' This is a Uck~ed event, with an e~m~d 6( ~0 gue~ expected to attend over 7 · ;,~: days. The tournament format Is 72 holes wlU ut ~Rer 36. There are 116 Io~1 and ~. International players taking par~ in the tounnent, all of which will be televised woHdwlde reachinig millions of viewers. ~.!, Thank you for reviewing this tournament, consi, ~ing it to be deemed as a Significant '," "~; Event. ",,' Yours Truly " Pres/dent ML~iasaul~., Ontario L:~FE 2A7 · ~v,gourrnctcui$inelcom 65.9500 ' F~: 905565 1166 P~cific Circle, 7050 TO 39~d 3NISIr]D±BH~no~ 99[T§gqqoE, 'e2: :Z~ bOO~/'3Z/§O Corporate Services Department CD-2004-12 ]'he City of jl~ Clerk's Division Dean Iorfida Niagara Falls yJ~lr~-- 4310 Queen Street City Clerk Can~f P.O. Box 1023 Niagara Falls, ON L2E 6×5 ~-l~--' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca May 3 l, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-12 Committee Appointments 2004-2006 RECOMMENDATION: That Council vote on applicants to serve on various committees, boards and commissions for the Council term (2004-2006). BACKGROUND: At the May 3, 2004 meeting, Council considered report CD-2004-10, 2004 Appointments and the associated Council Appointments Document. The recommendations in the document were approved with changes to the recommendations related to the Committee of Adjustment and the Parking & Traffic Committee. As per Council's direction, advertisements were placed (in the Niagara Falls Review and the City's website). There was a lot of interest. Applications received for most committees were in excess of the vacancies available. In two cases, the Trails & Bikeway Committee and the Municipal Heritage Committee, there is only one application in excess of the vacancies. Council may want to consider appointing the entire slate of applicants in such cases. With regard to the Niagara District Airport Commission, the agreement between the participating municipalities dictates that "a Nominating Committee of the Commission will scrutinize the applications and determine a short list based on experience, expertise and overall beneficial participation on the Commission". The Commission's recommendations are attached for Council's consideration. Council is not required to appoint those individuals recommended by the Commission. Working Together to Serve Our Community Cleflfs · Finance Human Resources · Information Systems Legal Planning 8, Development - 2 - CD-2004-12 As is Council practice, appointments will be done through secret ballot with those obtaining the highest number of votes filling the available positions. In the event ora tie vote, where both or all cannot be appointed, a secret ballot will be held amongst the names tied. Pre-printed ballots will be available to assist in the process. Finally, the appointments will be formally ratified by by-law at a future Council meeting. In accordance with the recommendations approved in CD-2004-19, there will be a number of "housekeeping" amendments to various committee by-laws, as well. Recommended by: Respectfully submitted: ,.~John MacDonald City Clerk ' Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services - 3 - CD-2004-12 Trails & Bikeway Committee (8 to 12) to be appointed, 13 candidates Klm Alfred John Anstruther * Martin Berzins * Clyde Carruthers * Vince Catone * Brian Cembalisty Manoj Dilwaria Rob Douglas Joseph Feor Glen Mercer Judy Quagliariello Bob Romanuk * Joe Talarico · Incumbents Municipal Heritage Committee (6) to be appointed, 7 candidates Jane Embleton Shirley Fisher Peter Grampola Margaret Mingle * Navin Shahani Sharon Shearing William Seibel · Incumbent - 4 - CD-2004-12 Park In The City (9) to be appointed, 15 candidates Frances Berry Arlie DeGiuli Paisley Janvary-Pool * Reg Jones Vijay Kapur Irene Kotsch John Kotsch Janet Krowchuk ** Patricia Mascarin Glen Mercer Eloise Schumacher *** Vinoo Nancoo Veena Shahani Maung Myint Thein Tun Mangat (Mike) Verma · Served on Environmental, Planning & Greening Committee as an Aldermanic rep last term. · * Served on Environmental, Planning & Greening Committee last term. · ** Served on Environmental, Planning & Greening Committee and Trillium Awards Committee last term. - 5 - CD-2004-t2 Recreation Committee (8 to 12) to be appointed, 20 candidates Klm Alfred Paul Campigotto * Brian Cembalisty Rob Deguili Enzo Della Mama Darryl Hudson Donald Jackson Paisley Janvary-Pool * Reg Jones Patricia Mascarin Glen Mercer Rich Merlino Delphina Pietrangelo Erie Rolfe Albert Scordino Navin Shahani Sharon Shearing Joe Talarico Mangat (Mike) Verma Mick Wolfe · Incumbent - 6 - CD-2004-12 Committee of Adjustment (5) to be appointed, 20 candidates Chuck Antonio * Ed Bielawski Mark Cahill Jack Collinson * Peter Corfield Tony D'Amico Josie DeLazzari Louis Grigoroff Jacob (Jake) Heibert * Sam Iorfida Vijay Kaput Ted Mangoff Rudy Mascarin Glen Mercer Guy Prata * Veena Shahani Mangat (Mike) Verma Tony Visca John Warren Frank Wherman · Incumbent - 7 - CD-2004-12 Parking & Traffic Committee (3) to be appointed, 13 candidates John Beam Enzo Della Marca Manoj Dilwaria Peter Grampola Reg Jones Vijay Kapur Sam LaRosa * Rudy Mascarin Glen Mercer Larry Oates Dennis Savriga Veena Shahani George Vallo · Incumbent Property Standards Committee (4) to be appointed, 9 Candidates John Anstruther Dino Fazio Tom Gibbs * Sam LaRosa ** Rudy Mascarin Vinoo Nancoo Anton (Tony) Nielsen *** Veena Shahani John Warren * · Incumbent · * Incumbent. Originally appointed until the end of 2004. Was asked to reapply after elimination of staggered appointments. · ** Incumbent.. Originally appointed until the end of 2005. Was asked to reapply after elimination of staggered appointments. - 8 - CD-2004-12 Niagara Falls Library Board (8) to be appointed, 18 Candidates Anne Andres-Jones * Isabelle Bald * Brian Cembalisty Peter Corfield Carman Dix * Nancy Eidt * Dino Fazio Shirley Fisher ** Lorna Jones Vijay Kapur Blake McIntyre Elizabeth Lockhan Manker Vinoo Nancoo Barbara Ness * Brenda (Renni) Piscitelli * Guy Pram * Danny Antonio Radice Eric Sheridan · Incumbent · * Served on the Library Board as an Aldermanic rep last term. Niagara District Airport Commission (2) to be appointed, 7 Candidates Brian Del Vecchio Tim Foster Gus Koroneos Douglas Long Brian Olsen * Ronald Rap John Watson Incumbent - 9 - CD-2004-12 Board of Museums (9) to be appointed, 14 candidates. Elizabeth Allen ** * Bob Collier *** Margaret Dunn Dino Fazio Shirley Fisher **** John Harkness * Made Heray *** Donald Jackson Peter McKenna ** Vinoo Nancoo George Vallo Mangat (Mike) Verma Ken Warren * Gordon West * · Incumbent · * Incumbent. Originally appointed until the end of 2004. Was asked to reapply after elimination of staggered appointments. · ** Incumbent.. Originally appointed until the end of 2005. Was asked to reapply after elimination of staggered appointments. · *** Served on the Board of Museums as an Aldermanic rep. Court of Revision (3) to be appointed, 6 Candidates Brian Cembalisy Louis Grigoroff Edward Keams * Rudy Mascarin Albert Scordino * Navin Shahani · Incumbents - l0 - ¢D-2004-12 Acclamations Arts & Culture Committee Karen Akalu Barbara Buetter Jane Embleton John Harkness Winston Heron Philomena McCracken Colleen E. McLaughlin Mark Matthews Rick Rose George Vallo Patti Wallington John Watson Fence Viewers Louis Grigoroff Jacob (Jake) Hiebert Rudy Mascarin Page 1 of 1 Dean Iorfida - Niagara District Airport Commission Appointees From: "Patti Gamble" <pgamble~niagaradistrictairport.ca> TO: "Dean Iorfida" <diorfida~city.niagarafalls.on.ca> Date: 5/27/2004 4:07 PM Subject: Niagara District Airport Commission Appointees Dean, I will send an official letter but I just thought I'd let you know that the Commission is recommending the re- appointment of Brian Olsen and the appointment of Tim Foster. If for some reason Council doesn't want to appoint one or the other, the next recommendation would be for the appointment of Brian Del Vecchio. Patti Gamble Airport Administrator Niagara District Airport 905-684-7447 ext. 10 HAY 3 1 2004, file://C :\Documents%20and%20SettingskAdministrator\Local%20Settings\Temp\G W} 000... 5/27/2004 Corporate Services Department F-2004-36 The City of Finance Division Kenneth E. Burden 4310 Queen Street Director of Finance Niogoro FolIslJ~ii, P.O. Box 1023 Conod~=~=~~ Niagara Falls, ON L2E 6X5 ~- I~ web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Sal¢i and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-36- 2004 Debenture Issue RECOMMENDATION: That Council pass a resolution requesting The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as set out in the attached schedule. BACKGROUND: Attached is a schedule of capital projects in the amount Of $3,830,000 which are now ready to be financed by debentures. The amount for financing represents the net costs of the various projects after the receipt of subsidies, grants, and current revenue contributions. The term of this issue is ten years. This debenture issue was anticipated and incorporated into the forecasts of debt and debt capacity for future years as detailed on Schedule "A" of the 2004 Capital Projects Budget. For 2004, Schedule "A" indicates that the City's guideline permits a maximum of $14.2 million in annual debt repayment. The City's current debt repayment is $1.475 million, and the new borrowing will add approximately $529,000 annually. The new total for debt repayment is still significantly below the City's maximum guideline. Recommended by: Respectfully submitted: K.E. Burden ~ John MacDonald Director of Finance ,v Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems Legal Planning & Development 2004DEBENTURE ISSUE Capital Capital Project Financing Retirement Account No. Description Request Term 12-3-310000-030000 Municipal Works - Casino Roads $ 2,700,000 10 years Project #R23 12-3-330000-030000 Transit - Purchase of Coaches 300,000 10 years Project #T1 22-3-740000-030000 Library - New Branch Materials 130,000 10 years Project #L-2 12-3-210000-030000 Fire Station #1 Renovations 700,000 10 years New Project $ 3,830,000 Schedule CITY OF NIAGARA FALLS CAPITAL CONTRIBUTION AND DEBT MANAGEMENT 2004 CAPITAL PROJECTS BUDGET 2005-2008 CAPITAL PROJECTS FORECAST ( '000 of dollars ) GUIDELINES 2004 2005 2006 2007 2008 DEBT REPAYMENT LIMIT Revenue Fund Revenues $94,774 $96,670 $98,603 $100,575 $102,587, 15% Maximum Limitof Revenues "- 14,216 14,501 14,790 15,086 15,388 GENERAL PURPOSES CONTRIBUTION TO CAPITAL PROJECTS BUDGET Previous Year's Supplemental Taxes 570 625 638 650 663 50% Maximum Contribution of Supplemental Taxe~ 285 313 319 325 332 COMPARISON OF GUIDELINES TO THE 2004 2005 2006 2007 2008 2004-2008 CAPITAL PROJECTS BUDGET DEBT REPAYMENT Existing Debt Repayment $1,475 $1,475 $2,223 $3,056 $3,553 Add: New Debt Repayment 919 938 498 409 Total Debt Repayment 1,475 2,394 3,161 3,554 3,962 Debt Repayment Limit per the Guideline 14,216 14,501 14,790 15,086 15,388 Difference - (under)over the Limit (12,741 (12,107) (11,629 (11,532 (11,427 GENERAL PURPOSES CONTRIBUTION TO CAPITAL PROJECTS BUDGET Current Year's Contribution $6,396 $6,596 $5,848 $7,219 $6,518 Use of New Casino P.I.L. Contribution 2,679 4,589 4,589 4,589 4,589 Subtotal General Purposes Contribution 9,075 11,185 10,437 11,808 11,107 Subtract: Previous Year's Contribution 6,226 9,075 11,185 10,437 11,808 Difference - increase (decrease) in Contribution 2,849 2,110 (74~ 1,371 (701) Maximum Contribution per the Guideline 285 313 319 325 332 _ Difference - (under)over the Maximum 2,564 1,798 (1,067 1,046 (1,033 The City of Niagara Falls, Ontario Council Chambers No. May 31, 2004 Moved by Alderman Seconded by Alderman RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Capital Capital Project Financing Retirement Account No. Description Request Term 12-3-310000-030000 Municipal Works - Casino Roads $ 2,700,000 10 years Project #R23 12-3-330000-030000 Transit - Purchase of Coaches 300,000 10 years Project #T1 22-3-740000-030000 Library - New Branch Materials 130,000 10 years Project #L-2 12-3-210000-030000 Fire Station #1 Renovations 700,000 10 years New Project $ 3,830,000 AND the seal of the Corporation be hereto affixed. DEAN IORFIDA R.T. (TED) SALCI CITY CLERK MAYOR CONSENT AGENDA Corporate Services Department F-2004-33 . J,,~ Finance Division Kenneth E. Burden The Dry of jrj' lf 4310 Queen Street Director Niagara Falls JJ~..~llj, P.O. BOX 1023 a ada j~,.r~,=. Niagara Falls, ON L2E 6X5 C_n ..... -':' ~ web s t ~TI~ ' e: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-maih kburden @city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-33 - 2004 Property Tax Rates RECOMMENDATION: That Council approve thc 2004 Property Tax Rates. BACKGROUND: In Report F-2004-32, Staff provided an overview of the tax policies and tax rates implemented by the Regional Municipality of Niagara for the 2004 tax year. In addition, Staff provided the established educational tax rates for 2004 as approved by the Province of Ontario. This report provides for Council, the City's 2004 property tax rates. Ci_ty of Niagara Falls Tax Rates The 2003 tax levy is $37,934,900 ($36,503,700 for 2003). The General taxation portion of this total levy is $32,911,500 ($31,741,000 for 2003); the Urban Service Area taxation portion is $5,023,400 ($4,762,700 for 2003). Corresponding tax rates based on these levies are provided in the following chart. It should be noted that the operational surplus of $577,000 generated in the 2003 fiscal year, has been used to determine the 2004 levy. This surplus reduced the levy required from $38,511,900 to $37,934,900. Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems Legal · Planning & Development May 31, 2004 - 2 - F-2004-33 Tax Rates - City of Niagara Falls 2003 Urban Urban Tax Rates Service Service City of Niagara Falls General Area Combined General Area Combined Residential ' (0.~09~ 0,07'~0~% ~i~8~9t% 04724~'2% 0:07601~% 0.548452% MulO-Residential 0,981997~ 0.1~4806% 1A~68~3~ O.9916~6~ 0,1~9~46~ ,1512 2~ NewMulti-Residenfial 0;4~0988%,, p~57~03% 0.5~8g~1% 0.472442% 0.0%010% 0.548452% Co~ercial- Occupied 0.7928~5~ 0.124982~ 0.~I~7797% 0.785246~ 0.126337~ 0.911583~ Co~ercial - Vacant U~t 0.5549~I% 0]087~88% 0.~2~59% 0.549672% 0.088436% 0.638108% Co~ercial - Vac~t L~d 0~49~ ~° 0:087~8g% 0 642~9%° 0.5~9672~° 0.088436%° 0.638:108 ~° Indus~ial-Occupied 1.5001~% 0,237107% L737298% 1.476708% 0.233368% 1.710076% IndusUial-VacantUMt 0~75124%~ ~:154i19% 1.12924~% 0.95~860% 0.151687% 1.111547% Indus~al- Vac~t L~d O.9~1~ ~o° 0~54~19%° 1.129~3% Large Indus~al- Occupied i.651956% 0.26t09~ L913049% i,62609~% 0,256972% 1.883066% Large IndusUial - Vac~t L0~7~1% 0 169711% 1 243~82~ 1 056961% 0 167032% 1 223993% Pipel~es ~,~504t% 0A~O326~% o o 'o o 0,758304~ 0.671813~ 0A08087~ 0,779900~ Fa~an~ ~ i~2750~0: ~ 0~1935{%~ 0.142i0i% o 0Ai8111% o 0.019003% o 0.i37114~ o M~gedForesm 0A2~750% 0.01935~1% 0. i42~O1% 0.~q8111% 0,019003% 0.137114% F~ands Await~g 0.368241% 0.058052% 0,462293% 0,354332% 0:057008% 0.411340% Development I Fa~ands Awai6ng 0.490988% 0.077403% 0,5683~1% 0,472442% 0,076010%; 0,548~52% Development II Waste Management The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has determined the costs of this service for 2004 to be $5,422,525. To fund this expense, the City collects the taxes from the residents using a separate tax rate. The chart below provides a comparison of tax rates used in 2003 to the recommended rates for 2004. May 31, 2004 - 3 - F-2004-33 Waste Management Property Class ; ~ Tax Rate Residential 0.075026% Multi-Residential 0.150053% New Multi-Residential 0.075026% Commercial 0.121145% Excess land 0.084801% Vacant land 0.084801% Industrial 0.249410% Excess land 0.162116% Vacant land 0.162116% Large Industrial 0.274641% Excess land 0.178517% Pipelines 0.100093% Farmlands 0.018757% Managed Forests 0.018757% Farmland Awaiting Development I 0.056270% Farmland Awaiting Development 1I 0.075026% The Appropriations and Levying By-laws are prepared for Council's adoption, should Council approve the recomxnendation. These By-laws authorize the preparation and sending of Final Tax Notices. Appendix A shows the summary of tax rates for each classification and for all levies. Prepared by: Respe%tfully submitted: ~J~ John MacDonald Todd Harrison Manager of Revenue au' Chief Administrative Officer Recommended by: K~.E. B~urd~n~' Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services Appendix A CITY OF NIAGARA FALLS 2004 Tax Rates Assessment General Rates Urban Urban Property Class Code City Waste Mgmt Region Schools Total Service Area Service A Rate Total Residential/Farm RT 0.472442% 0.077768% 0.719737%1 0.296000% 1.565947% 0.076010% 1.641951 Multi. residential MT 0.991656% 0.163235% 1.810727% 0.296000% 2.961618% 0.159546% 3.12116, New Multl-~eaidential 0.472442% 0.077768% 0.719737%~ 0296000% 1.565947% 0.076010% 1.641951 Commercial -Occupied CT/ST/DT 0.785246% 0.129258% 1.196275% 1.741881% 3.852660% 0.126337% 3.978991 -VacantUnlt CU/SU/DU 0.549672% 0.090480% 0.837392%1 1.219317% 2.696861% 0.08~436% 2.785291 -VacantLand CX 0.549672% 0.090480% 0.837392% 1.219317% 2.696861% 0.088436% 2.785291 Industrial -Occupied IT 1.476708% 0.249152% 2.196715% 3.085034% 7.007609% 0.233365% 7.24097, -VacantUnlt IU 0.959860% 0.161949% 1.427865% 2.005272% 4.554946% 0.151687% 4.70663~ -VacantLand IX 0.959860% 0.161949% 1.427865% 2.005272% 4.554946% 0.151687% 4.70663~ Large Industrial -Occupied LT 1.626094% 0.274357% 2.418937% 3.397119% 7.716507% 0.256972% 7.97347~ -Vacant LU 1.056961% 0.178332% 1.572309% 2.208128% 5.015730% 0.167032% 5.1S276~% Pipelines PT 0.671813% 0.110586% 1.023466%[ 1.541532% 3.347397% 0.108087% 3.45548, Managed Forests Farmlands FT 0.118111% 0.019442% 0.179934%! 0.074000% 0.391487% 0.019003% 0.41049~ TT 0.118111% 0.019442% 0.179934% 0.074000% 0.391487% 0.019003% 0.41049~ FarmlandAwaitlng Devl 0.354332% 0.058326% 0.539803% 0.222000% 1.174461% 0.057008% 1.231461 l FarmandAwa t ng Dev 0.472442% 0.077768% 0.719737% 0.296000% 1.565947% 0.076010% 1.64195' Corporate Services Department F-2004-34 · ~-.~· Finance Division Kenneth E. Burden The City of jrj'~l~ 4310 Queen Street Director Niagara Falls JJ ., lj' P.O. BOX 1023 Canada ~~'Niagararm~" Falls, ON L2E 6X5 ~~web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kbu rden@city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-34 - Final Tax Notice Due Dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes RECOMMENDATION: That June 30 and September 15 be approved as the 2004 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. BACKGROUND: Due to the additional calculations required to prepare the 2004 Final Tax Notices for the Commercial, Industrial and Multi-residential property classes, all assessment classes cannot be billed at the same time. Staff is therefore recommending that the Final Tax Notice Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June 30 and September 15. Once the additional calculations for the remaining classes have been determined then final tax notice due dates for the Commercial, Industrial, and Multi-residential property classes will be presented for Council's consideration. Prepared by: Approved by: T. Harrison T. Ravenda Manager of Revenue Executive Director of Corporate Services Recommended by: Respectfully submitted: K.E. Burden x~/ John MacDonald Director of Finance 'q~' Chief Administrative Officer Working Together to Serve Our Communi~ Clerks Finance Human Resources · Information Systems Legal Planning & Development Corporate Services Department F-2004-37 ~ Finance Division Kenneth E. Burden The City of 43,10 Queen Street Director Niogoro FclllsyJ _ P.O. Box 1023 Uiagara Fa,s. ON L2E 6X5 ~~ I ~ web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 357-2016 E-maih kburden@city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-37 - Financing of Owner's Share of Local Improvements RECOMMENDATION: That a rate of 4.75% be applied to the portion of the cost of local improvements that have been paid by property owners and are thus being financed by the City. BACKGROUND: The local improvement for Low Pressure Sanitary Sewer on Thorold Stone Road from Garner Road to Kalar Road has been completed. The stun of $29,901.98, representing the unpaid balance of the owner's portion, remains to be financed over a ten-year period. An interest rate of 4.75% is recommended, which represents the approximate rate that ten-year debentures are presently selling for. Should Council approve the recommendation, a by-law has been prepared and is available for adoption this evening. The consideration of Council would be appreciated. Prepared by: Recommended by: A. Felicetti T. Ravenda Revenue Supervisor Executive Director of Corporate Services Recommended by: Respectfully submitted: K. E. Burden <1~ John MacDonald Director of Finance Chief Administrative Officer Working Together to Serve Our Community Clerks · Finance Human Resources · Information Systems · Legal Planning & Development Community Services Department FS-2004-11 · ~-,,,~ Fire Services Patrick Burke The C~ty of jrj~ 4310 Queen Street Fire Chief Niagara Falls~,~ll~ P.o. Box 1023 Canada ~'~'- Niagara Falls. ON L2E 6X5 ~al~ web site: www.city.niagarafalls.on.ca Tel.: (905) 350-7521 Fax: (905) 356~7404 E-maiD: pburke@city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-11 Fire Prevention Public Education Van RECOMMENDATION: That Council approve entering into an agreement for the joint ownership of a Fire Prevention Public Education Van (Sparky One). This vehicle would be shared among partnering Fire Departments within the Region. BACKGROUND: Fire Safety Education is a critical function in fire prevention and is a mandated service under the Fire Protection and Prevention Act. The most effective form of fire safety education is with the young students within our Community. This is the Target Group of this vehicle. This vehicle will attend all types of public events within the Region along with Sparky and Fire fighters handing out pamphlets and other fire safety information. This concept was approved at a Regional Fire Chiefs meeting where it was recognized that all of the Municipalities would benefit from a shared Fire Prevention Public Education Van. Research was conducted and the Regional Fire Chiefs agreed to purchase a former ambulance vehicle from the Region to remodel it into a public education vehicle. Ai~I funds to cover refurbishing and ongoing maintenance will come from the Regional Fire Chiefs fund raisers, and/or the Regional Municipal Fire Prevention Officers Association. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services May 3, 2004 - 2 - FS-2004-11 Prepared by: Respectfully submitted: ~ .~ John MacDonald Assistant Chief ,v Chief Administrative Officer Recommended by: Patrick Burke Fire Chief Community Services Department FS-2004-12 ~ Fire Services Patrick Burke The City of Niagara Falls P.O.431° Queen Street Box 1023 Fire Chief Canada ~~ Niagara Falls, ON L2E 6X5 ~~"~=~m~'~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: pburke(~city, niagarafalls.on.ca May31,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-12 Vin¢or Parking Release and Indemnity Combat Challenge 2004 RECOMMENDATION: That Council authorize the Mayor and the City Clerk to execute with Vincor International Inc. a Release and Indemnity to allow Combat Challenge participants to park in the Vincor parking lot on Dorchester Road during the Niagara Falls Combat Challenge competition. BACKGROUND: The Niagara Falls Fire Fighters' Combat Challenge Team held its 2"0 Regional competition in Niagara Falls in 2003 at the Zehrs Plaza. The competition was a success with competitors fi.om across Ontario and the United States in attendance. The Niagara Falls Fire Services and the City of Niagara Falls supported the event and ensured its success. The 2004 Competition is scheduled to be held on July 1, 2004, once again, in the Zehrs parking lot at the comer of Dorchester Road and Morrison Street. Due to the high volume of traffic from the Combat Challenge competition and Canada Day celebrations, Vincor has agreed to allow competitors to park in the Vincor parking lot on Dorchester Road. In order to complete this agreement, Vincor requires a release and indemnity form to be signed and returned. The matter has been discussed with the City Solicitor who is familiar with the document. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Se~/ices May 31, 2004 - 2 - FS-2004-12 Prepare,,d by: /] / Respectfully submitted: Lee Smith .~ John MacDonald Assistant Chief ' ' Chief Administrative Officer Recommended by: Patrick Burke Fire Chief Community Services Department FS-2004-13 · .~a, F re Services Patrick Burke The Qty of jrj / 434o Queen Street Fire Chief Niagara FallslJ , llr P.O. BOX 1023 Canada Niagara Falls, ON L2E 6X5 ~lm~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (90§) 356-7404 E-maih pburke@city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-13 Agreement with The Regional Municipality of Niagara Temporary Training Site for Niagara Falls Fire Services Water Tower, 6242 Lundy's Lane RECOMMENDATION: That Council authorize a release to The Regional Municipality of Niagara to permit Niagara Falls Fire Services to temporarily use the property and water tower on Lundy's Lane for the training of its firefighters. And further that the Fire Chief be authorized to execute similar releases or agreements, on an ongoing basis, related to temporary use of private property, subject to the approval of Legal Services. BACKGROUND: The Regional Municipality of Niagara is the owner of the property and, in the past, has allowed Niagara Falls Fire Services to use the property for training purposes. Niagara Falls Fire Services is, again, interested in using the water tower to carry out training activities related to the duties of its firefighters throughout the year. The Region is agreeable to the request and are prepared to enter into an agreement with the City for this purpose. The use of the property will be at no cost to the City. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services May 31, 2004 -2 - FS-2004-13 There are a growing number of opportunities to utilize private property for Fire Services purposes, including training programs and public events. In most cases, a release is required for personnel to participate on private property. It is recommended that the Fire Chief be authorized to execute agreements related to these events, subject to the approval of Legal Services. This will ensure an efficient and accountable process. Prer~aredqby: ~ -- Respectfully submitted: Le _[,,V John MacDonald Assistant Chief ~c~ Chief Administrative Officer Patrick Burke Fire Chief Corporate Services Department L-2004-20 ]'he eib/of Legal Services R.O. Kallio Niogoro FolIs l 4310 Queen Street City Solicitor ~ P.O. Box 1023 Canada Niagara Falls, ON L2E 6X5 web site: www.city, niaga rafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-maik rkallio@city, niagarafalls.on.ca May31,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-20 Renewal of Encroachment Agreement for the placement of a sign and part of building located at 5581 Murray Street with Rainbow Motor Court of Niagara Falls Limited Our File No. 1998-83 RECOMMENDATION: 1. That the renewal of an Encroachment Agreement with Rainbow Motor Court of Niagara Falls Limited ("Rainbow") to permit it to continue using a part of the untravelled portion of Murray Street in front of the Rainbow Motor Inn located at 5581 Murray Street, as shown as Part 1 on Reference Plan 59R- 12373 attached hereto as Schedule "A", for the placement of one ground sign shown referenced on the site plan attached hereto as Schedule "B" and "C", in perpetuity, for nominal consideration, be authorized. 2. That the City enter into an Encroachment Agreement with Rainbow to permit part of the building located at 5581 Murray Street to encroach on part of the untravelled portion of Murray Street, as shown as Part 1 on draft Reference Plan attached as Schedule "D", in perpetuity, for nominal consideration, be authorized. BACKGROUND: At its meeting of March 23, 1998, Council authorized Rainbow to use a part of the untravelled portion of Murray Street in front of the Rainbow Motor Inn located at 5581 Murray Street for the placement of one ground sign, for nominal consideration. The Agreement expired June 14, 2003 and it is now necessary to renew the Agreement. ~Vorking Together to Serve Our Community Clerks Finance Human Resources · Information Systems · Legal Planning & Development May 31, 2004 -2- L-2004-20 and it is now necessary to renew the Agreement. In the preparation of a proper reference plan it was determined that part of the building located at 5581 Murray Street also encroaches on part of the untravelled portion of Murray Street. As an Agreement was never entered into, it would be prudent at this time enter into an Agreement with Rainbow to permit the building to continue encroaching, for nominal consideration. Staffhas no objections to renewing the Encroachment Agreement for a sign and entering into a new Encroachment Agreement for the building with Rainbow, in perpetuity, for nominal consideration. Prepared by: Respectfully submitted: Mary 47~r John MacDonald Law Clerk ~"~ Chief Administrative Officer ~ ~by: Ra,~ Kallio Cit Solicitor Approved by: T. Ravenda Executive Director of Corporate Services MM/lb attachs. ;SCHEDULE ~,~ II, :- ,~,- II .,. ': ., · ,:,'~r"~-!r,t..-,~u~'~l~,~(:; ~.:., ,... -'...'..' ,. · '" '' ' '-""""." ,' ' ]'" "'-: t ''1. 1 SCHEDULE "L~." SCHEDULE ". ¢." SCHEDULE "32:>" Community Services Department MW-2004-94 Municipal Works Ed Dujlovic, P. Eng. The City of J~l~ld 4310 Queen Street Director Niagara I:a.,$ lJ~l~ P.o. Box 1023 Niagara Fails, ON L2E 6X5 Can~W web site: www.city.niagarafalls.on.ca Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2004-94 Tender #14-2003 New Equipment Purchase RECOMMENDATION It is recommended that the New Equipment Tender for the purchase of One (1) Latest Model Four- Wheel Drive Tractor be awarded to the following bidder: 1. Green Line Equipment, St. Catharines, Ontario in the amount of $68,997.70. BACKGROUND Tenders were opened by the Tender Opening Committee on Thursday, September 26, 2003 with the City Clerk in attendance. At that time Staff decided to postpone purchasing a four-wheel drive tractor to a later date. Staff is now recommending that the purchase be made in accordance with the attached Tender Summary. The low tender from St. Catharines New Holland, Ltd. did not meet specifications. Therefore it is recommended that the tender from Green Line Equipment be accepted. Sufficient funds are available in the 2004 budget, Fleet Services transfer to Capital Budget, account number 11-3-372010-080001 to cover this purchase. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws MW-2004-94 - 2 - May 31, 2004 Council's approval of the recommendation and information contained in this report would be appreciated. p~,y~p~ Re~itted: John Morocco John MacDonald Operations Superintendent Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works /gkf attach. H:\REPORTS~2004LM W-2004-94N EWEQUIPMENTPURC HASE.wpd TENDER #14-2003 NEW EQUIPMENT PURCHASE TENDER SUMMARY Total Price including All Taxes One (1) Company Latest Model Four-Wheel Drive Tractor Ben Berg Farm & Industrial Equipment Ltd. 52034 Hwy 3 Wainfleet, ON $75,680.35 LOS 1V0 Green Line Equipment ~ 1 353 Lake Street St. Catharines, ON L2N 7G4 St. Catharines New Holland Ltd. 1410 Fourth Avenue RR#3 St. Catharines, ON $64,773.72 L2R 6P9 DOES NOT MEET SPECS Corporate Services Department PD-2004-45 Cifv of ~JL~ Planning & Development The _.., __ -'~ 431~ A _ Doug Darbyson Niagara I-ails yj~l~- P.O. BOX 1023 Director Canclda~ ~~' Niagara Falls, ON L2E 6X5 ~T'~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mair: pfanning@city.niagarafalls.on.ca May 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-45, Site Plan Control Policy Proposed Change in the Amount of Site Plan Deposits Collected RECOMMENDATION: It is recommended that Council cap the limit of required site plan deposits to $200,000 plus 25% of the value of site works above $200,000. BACKGROUND: Developers of commercial, industrial, institutional and multiple unit residential projects are subject to the execution of a site plan agreement with the City. These agreements require the owner to construct site works such as paving, curbing, landscaping, lighting and garbage enclosures in accordance with approved plans. To ensure these works are done, a site plan deposit is collected and held until the works are completed. The current site plan control policy (adopted by Council in 2001) requires submission of a site plan deposit based on 100% of the value of most of the required surface site works including landscaping, fencing, walkways, lighting, curbing and the top layer of asphalt. The deposits are based on the "value of work" estimates provided by the developer. No deposits are collected for the installation of site works below the surface (storm sewers or the base layer of asphalt) as there has been no history of enforcement problems with these site works. Prior to the current policy, the site plan deposits were capped at $60,000. Since removing this cap, the costs of site works in large projects have been increasing to the point where site plan deposits may be beyond what the City needs to ensure site works are completed, and may prove onerous to development. Therefore, changes are proposed as discussed below. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems · Legal Planning & Development May 3'1, 2004 - 2 - PD-2004-45 Discussion Staff contacted several other municipalities and found policies similar to ours. The Town of Oakville and City of St. Catharines secure a deposit equivalent to 100% for surface site works on the site (no underground works included). However, the Town of Oakville only collects 50% of the value of curbing and asphalt (typically two of the most expensive items) for amounts above $50,000. The Town ofRichmond Hill collects anamount based on 100% oflandscapeworks and 30% of all other works (including underground services). Although these municipalities may have differing policies, the amount they collect for site plans is likely not significantly different f~om the amount the City collects on most projects. However, these municipalities do not deal with the large-scale tourist developments that this City does. Some examples of the costs associated with larger projects are illustrated below: Development Location Approved Amount of Deposit Lodge by the Falls, 6039 Fallsview Blvd. November 2001 $200,000 Zellers (expansion), 6777 Morrison St. April 2002 $200,000 Staples (expansion), 7190 Monison St. April 2003 $300,000 Home Depot, 7190 Morrison St. April 2003 $400,000 Great Wolf Lodge, Victoria Ave. pending approval $900,000 (pr(hrnina~ est) Niagara 21 st Group, Parking Lot Dunn St. in discussion $2,000,000 (preliminary est.) Where the leverage ora site plan deposit comes into play is with the completion of top layer of asphalt to address any drainage concerns, completion of landscaping and fencing, construction of garbage facilities and ensuring lighting is directed into the site. Rectifying these issues, even on large projects, would generally be within the proposed cap. Reducing the amount collected for site works over $200,000 to a percentage of the value of the works (similar to the Town of Oakville policy) would still ensure the City has sufficient leverage to have these works completed. In the event the City must go in and complete works beyond the amount of the deposit, these costs are billable to taxes. The new policy would require a deposit of: 100% of the value of the surface site works, up to $200,000; and 25% of the value of the surface site works in excess of $200,000. This change affects primarily the big projects. Using the Great Wolf Lodge as an example, this change would mean for site works valued at $900,000 a deposit in the amount of $375,000 would be collected. May 31, 2004 - 3 - PD-2004-45 CONCLUSION: Reducing the amount of Site Plan Deposit collected to a percentage rather than full value of surface site works over $200,000, as outlined in this report, will provide sufficient security to ensure the works can be completed, reflects practices in other municipalities and is less onerous on the developer. Prepared by: Respectfully submitted: Andrew Bryce -/~ y~- John MacDonald Planner 2 \"~ Chief Administrative Officer Recommended by: Doug Darlggson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services AB :pb S:~PDR~2004~PD200445, Proposed Change in Site Plan Deposits.wpd Community Services Department R-2004-32 · ~b/ Parks, Recreation & Culture The C~ty of Adele Ken ..... ~, 4310 Queen Street NIQgQrQ I'QIIS ~J ~ P.O. Box 1023 Director C(3n~WNiagara Falls, 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 31, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-32 - Coat of Arms RECOMMENDATION: That the proposals put forth in Mr. Tidd's letter be endorsed. BACKGROUND: As the attached letter indicates, Mr. Tidd, Official Town Crier, has suggested that the City develop a coat of arms and that he proposes to raise the necessary funds for this project. The cost estimates range from $4,500 to $7,500. Staff is recommending that the generous offer be accepted. Recommended by: ~ Respectfully submitted: Adele Kon -~ John MacDonald Director of Parks, Recreation & Culture Chief Administrative Officer Attachment AK/das S:~Council\Counci12004\R-2004-32 Coat of Arms.wpd gVorking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Adele Kon, Director of Parks, Recreation & Culture, APR ~ 8 7565 Lundy's Lane, · Niagara Falls, On.trio. L2H 109 PARKS, RECREATION & CULTURE April 25/2004 Dear Ms. Kon, Further to my letter to His Worship the Mayor, dated December 17/2003 regarding the City of Niagara Falls applying for its Grant of Arms, I was pleased to receive your letter dated April 16 informing me it has been under investigation. I first want you to know that at no time did I say that a Coat of Arms could be granted and presented to the City during its Centennial Year. The procedure and research required to design a Coat of Arms takes time because the Herald has to determine, from the City's history, what will be incorporated in its Coat of Arms. However, I did say that it would be a memorable endeavor for the City of Niagara Falls to apply for a Grant of Arms during its Centennial Year. In this xvay it would be recorded as an act xvhich the City brought about and achieved after 100 years. I would like to stress that a Grant of Arms is a distinct honor and one with which the City would be justly proud. Once Niagara Falls is ~:nted a Coat of Arms it remains with the city for all time{ In the first and third paragraphs of your letter, you use the word 'logo'. I must stress a Coat of Arms is NOT a logo. The Grant of Arms does not mean the City has to change or stop using it's the 'Logo' which the City has used and continues to use and is well recognized. Further more. A Coat of Arms City's has nothing at all to do with its 'logo'. The Chief Herald will determine what should be illustrated in the Niagara Falls Coat of Arms it is based on research which his office carries out. Ultimately this art work of the design will be presented to the City. When received the Committee may well not like some part of the design. If this is the case, it can be returned to the Chief herald with their comments. He will attempt to make changes in order to satisl~ their wishes~ which is carried out in accordance with the rules of heraldry. This of course would delay the process a few weeks and possibly months! As we all la~ow pleasing, a committee where there are differencas of opinion delays m~y process. The initial work required, to provide to the Chief Herald with the history of the City, required to proceed, should not be difficult. Thc history of the City is well documented in books and probably on the Internet, Remember, the City does have a historian who could provide this information which he would present to the committee before being forwarded to the Chief Herald. Some weeks after I sent my letter I spoke to His Worship the Mayor about it. At that time he indicated there might be a problem because of cut backs in the City's budget. I said if this would be a problem I would undertake to raise the money required, which would enable the City to apply to the Chief Herald for a Grant of Arms. So I am fully aware of the cost, which I do not believe should not be a burden to the City. Once granted a Coat of Arms belongs to the City forever: It would become another page in the history of The City of Niagara Falls. Back in September last year I presented the idea to Christ Church Parish Council (of which I am a member) that the church should apply for a Grant of Arms. My proposal presented a similar problem. The Parish Council approved the idea with the proviso that the money required would not be taken from its annual budget or expenses. I felt very strongly about it and agreed to take on the responsibility to raise the money. The reason I felt strongly about it is Her Royal Highness Princess El/zabeth, before becoming Queen Elizabeth 11 visited Christ Church with H.R.H. Prince Philip. Last year ~as Her Majesty's Jubilee year. Because ~e applied last )~ear, I am anticipating that a Crown will be included in our Coat of Arms. Incidentally I raised the money in two weeks. If the City Council agrees to apply for a Grant of Arms, I will undertake the responsibility to raise the money required to bring this about. However, I would expect that recognition would be given to those who make a donation of(say a minimum of $500.00 or more) and that their names are shown on a plaque, which would hang prominently in City Hall. I feel very strongly and firmly believe that after one hundred years, the fine City of Niagara Falls, in which I am now proud to live, should have an Official Coat of Arms, the process of which should be started during its Centennial Year, Yours truly, Derek Tidd. K.St.G. Official Town Crier, The City of Niagara Falls. C.C. His Worship The Mayor Mr. Ted Sal¢i Community Services Department Parks, Recreation & Culture Adele Ken ~ 7565 Lundy's Lane Director The CiN of FQiiS.,~---- Niagara Falls, ON L2H 1G9 Niog(3ro web site: ~.city. niagarafalls.on.ca ~~ Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon~city,niagarafalls.on.ca April 16, 2004 Mr. Derek Tidd Town Crier 7636 Bernadette Crescent Niagara Falls, ON L2H 2X2 Dear Mr. Tidd: Your letter concerning acquiring a City Coat o fArms for the City of Niagara Falls was referred to me for investigation. As part of this review process, staffcontacted various municipalities and the Regional Municipality of Niagara, in order to obtain information concerning the process that they followed to develop a coat of arms. The following is a brief summary of the pertinent information that was obtained from these discussions. · The Clerk's Department set up a committee with various department representatives and two council members to work on the wording and logo design requirement for the Coat of Arms. · The process to obtain a coat of arms takes approximately two years. Often it is reaching agreement on the wording of the Coat of Arms that prolongs the process. For example, it took three years for The Regional Municipality of Niagara to obtain their coat of arms as there were debates back and forth with the wording in the Coat of Arms granting document. Specific elements of design must be incorporated with the Coat of Arms, notably the lions and the colour gold. Therefore, a new logo must be designed for this initiative. · Cost ranges from $4,500.00 to $7,500.00 which covers only art work, not staff time dedicated towards this project. Although it is apparent that sufficient time does not exist to develop a Coat of Arms for the City's Centennial Year, it may be possible within the City's Centennial to develop the committee and start the process as outlined above. In order to proceed, it will be necessary to obtain Council direction and to establish an appropriate budget. Please advise me if you wish to proceed to City Council. Director of Parks, Recreation & Culture Ext. 4507 AK/das cc: Mayor Ted Salci S:~Heritage Issues'City C~ntennia12004~Letter D~rek Tidds.wpd }Forking Together to Serve Our Community Municipal Works · Fire Semicea · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department R-2004-33 A ,-,=,.. _, ~4 . Parks, Recreation & Culture Th~ ~,..y u/ ' Adele Kon ..... ~'~ , 4310 Queen Street r~lagara I-ails lJ ~ P.O. Box 1023 Director Canada~m~a~wNiagara 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 3 l, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario · Members: Re: R-2004-33 - Summer Ice Schedule RECOMMENDATION: That the Schedule for the use of Summer Ice Hours at the Jack Bell Arena be approved by City Council. BACKGROUND: In accordance with City Policy, all organizations submitted completed application forms to request summer ice time. On Wednesday, May 19, 2004, all interested organizations and individuals were invited to attend a meeting to review the proposed schedules. As a result of this meeting and subsequent discussion, a general agreement was reached regarding the schedule. Upon Council's approval, permits for the use of Summer Ice at Stamford Arena will be issued. Recomme by: ~,ff~ Respectfully submitted: DAidr;lc;oKr;I~ Parks, Recreation & Culture & Jc°h fh~e fMAadcmDi°n~lsa~ldat i v e O ffi c e r AK/das Attachment S:\Council\Counci12004\R-2004-33 - Sunm~er Icc Schedule.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services WEEK: MASTER 2004 ARENA: ,lack Bell Arena FRIDAY SATURDAY SUNDAY TIME MONDAY TUESDAY WEON E.~SUAY Inunov~ ....... MAINTENANCE 6:00 AM+ o 7:00 A,M. MANNING 7:CO A.M. - 8:00 A.M. OLDTIMERS SUNDAY 8;00 A,M. - 9:00 A,M. ROYALS 9;00 A.M. - 10:00 A,M. 9:00AM-1:00PM 9:0OAM-1 :(3OPM N~AGARA 94's FUN ~N THE SUN STAN%FORD SKATtNG CLUB STAMFORO SKATING CLUE HOCKEY HOCKEY DYCHTIAR BROWN 10:00 A.M. - 11:00 A.M. HOCKEY HOCKEY 1 I:CO A.M. - 12:00 P.M. 11 :COAM-S:0OPM 11 :COAM-5:QOPM HIGH PERFORMANCE PUGLIESE STAMFORD SKATING CLUE STAMFORD SKATING CLUS HOCKEY HOCKEY The City of Niagara Falls, Ontario Council Chambers No. May 31, 2004 Moved by Alderman Seconded by Alderman RESOLVED THAT the Privacy Protocol for Personal Information Records (PIP,) be amended by adding the following at the end of page 2: "Measures to prevent unauthorized access to PIR Subsection 3(1) of t~egulation 823 states: 3. (I) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected. The head of each department is responsible for ensuring that reasonable measures for the security of PIR are in place and that staffis made aware of these measures." and the amended Privacy Protocol for Personal Information Records (PIR) as attached to this Resolution be adopted AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R.T. (TED) SALCI CITY CLERK MAYOR 1 Privacy Protocol for Personal Information Records (PIR) The City of Niagara Falls is committed to the principle that personal information records in the custody and control of the City shall remain confidential unless disclosed in strict compliance with the Municipal Freedom of Information and Protection of Privacy Act (the "Act"). This protocol shall apply to the Mayor, the Members of Council, officers of the Corporation, employees of the Corporation and third parties. Section 32(1) of the Act provides that, Personal information in the custody or control of an institution shall not be disclosed except, · in accordance with the provisions of the Act · if the person to whom the information relates consents · for the purpose for which it was obtained or for a consistent purpose · if the disclosure is made to an officer or employee of the institution for the performance of his or her duties and disclosure is necessary and proper ·if authorized by law · to aid in a law enforcement investigation · for compelling health and safety reasons · in compassionate circumstances to locate next of kin Personal information is defined in the Act to mean recorded information about an identifiable individual, including, · information relating to race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status · education, medical, psychiatric, criminal or employment history or financial transactions · any identifying number or symbol assigned to the individual · address, telephone number, fingerprints or blood type Procedures for obtaining PIR 2 Any requests for PIR concerning the Mayor, a Member of Council, an employee or job applicant shall be sent to the Freedom of Information Coordinator except for the following: · PIR required for payroll purposes, health benefits claims, tax matters or similar employment requirements · legal issues involving PIR where confidentiality is required and expected · personnel issues involving PIR where confidentiality is required and expected Any request for PIR shall be in writing and shall be accompanied by the following: · the reason(s) why the PIR are required · the purpose for obtaining the PIR · why the PIR are necessary and proper in the discharge of the City's functions The FOI Coordinator shall review the request for PIR and shall advise the requester of his/her decision, which decision shall be final. Measures to prevent unauthorized access to PIR Subsection 3(1) of Regulation 823 states: 3.(1) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected. The head of each department is responsible for ensuring that reasonable measures for the security of PIR are in place and that staff is made aware of these measures. The City of Niagara Falls, Ontario Council Chambers No. May 31, 2004 Moved by Alderman Seconded by Alderman WHEREAS service dogs are dogs that assist individuals with disabilities; and WHEREAS service dogs assist adults and children who suffer from autism, spina bifida, cerebral palsy, epilepsy, mobility related disabilities, hearing problems and seizure disorders, amongst others; and WHEREAS service dogs are trained to pick up items, fetch items, assist individuals who have fallen, provide physical support, and get help; and WHEREAS studies have shown that children with service dogs have better self-esteem, are more affectionate, and better connected to the outside world; and WHEREAS individuals with seeing eye dogs are afforded rights under the Blind Persons' Rights Act, a provincial piece of legislation; and WHEREAS the Blind Persons' Rights Act permits guide dogs in all places in which the public is admitted and prohibits discrimination against a blind person accompanied by a guide dog; and WUEREAS them is no similar legislation for individuals with service dogs. THEREFORE BE IT RESOLVED that the Provincial Government be petitioned to introduce legislation that will afford access, prevent discrimination and provide protection to individuals that require service dogs. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R.T. (TED) SALCI CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers No. May 31, 2004 Moved by Alderman Seconded by Alderman WHEREAS Niagara Falls Tourism will be staging their 3rd Annual Niagara Wine & Food Classic from September 10-12, 2004; and WHEREAS this spectacular wine and culinary event will bring many tourists to Niagara and highlight local wineries and restaurants. THEREFORE BE IT RESOLVED that the Niagara Food & Wine Classic is a significant event that is deserving of City Council support. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R.T. (TED) SALCI CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers No. May 31, 2004 Moved by Alderman Seconded by Alderman WHEREAS Legends on the Niagara will bc hosting the 2004 BMO Financial Group Canadian Women's Open golf tournament from July 5 - 11, 2004; and WHEREAS this event will attract approximately 160 professional golfers, 60,000 spectators and valuable media coverage. THEREFORE BE IT RESOLVED that the 2004 BMO Financial Group Canadian Women' s Open is deserving of City Council support as a significant event. AND The Seal of the Corporation be hereto aff'lxed. DEAN IOREIDA R.T. (TED) SALCI CITY CLERK MAYOR