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2004/10/04REGULAR COUNCIL MEETING Monday, October 4, 2004 Order of Business and Agenda Package CORPORATE SERVICES COMMITTEE Boys & Girls Club of Niagara JoAnne Heft, Executive Director, Boys & Girls Club of Niagara will provide an overview of project plans to develop a new Boys & Girls Club in the City of Niagara Falls. REGULAR COUNCIL MEETING October 4, 2004 PRAYER: Alderman Carolynn Ioannoni O CANADA: Ms. Brittany Owens, a grade 9 student from St. Michael's High School will sing the National Anthem. ADOPTION OF MINUTES: Planning/Regular Minutes of September 20, 2004* * Please see the City Clerk's memo 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 Heart Niagara Dr. Stafford Dobbin will provide information on the integrated model of primary and secondary prevention of vascular disease. I -2- Active Transportation Pilot Project Ms. Lisa Gallant of Healthy Living Niagara and Ms. Marian Landry of the Regional Niagara Public Health Department wish to address Council on the matter. - AND - R-2004-65 - Proposal for Active Transportation Pilot Project. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKR COMMUNICATIONS AND COMMENTS OF THE CITY CLERK CUPE, Ontario (Ontario Division Canadian Union of Public Employees) - Re: Proclamation - requesting that Council proclaim Wednesday, October 27, 2004 as Child Care Worker & Early Childhood Educator Appreciation Day. RECOMMENDATION: That the request be approved. 2. Niagara Falls Public Library - Re: Proclamation - requesting that Council proclaim the week of October 18~h to October 24th, 2004 as Ontario Public Library Week in Niagara Fails. RECOMMENDATION: That the request be approved. 3. Fire Services - Re: Proclamation - requesting that the week of October 3r~ to October 9t', 2004 be proclaimed as Fire Prevention Week. RECOMMENDATION: That the request be approved. 4. Brian Wilkie, President, Niagara Falls Hydro - Re: Execution of three annual resolutions - requesting that the shareholder, The City of Niagara Falls, execute the three annual resolutions of the shareholder for the three Niagara Falls Hydro Corporations, which are: Niagara Falls Hydro Holding Corporation; Niagara Falls Hydro Inc.; and Niagara Falls Hydro Services Inc. RECOMMENDATION: For the Information and approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -3- REPORTS UNFINISHED BUSINESS 1. Chief Administrative Officer PD-2004-84, Proposals to Expand Buildings Located on the Sodom Road and Oliver Street Road Allowance. Please note: Mr. Ralph Terrio or his agent will speak to the report. MISCELLANEOUS PLANNING MATTERS 1. ChiefAdministrativeOfficer PD-2004-92, Ashton Heights Draft Planof Condominium, File: 26CD-11-2004-02, Owner: Niagara Union Property Development inc. 2. Chief Administrative Officer PD-2004-93, Appeal of Committee of Adjustment Decisions, Consent Applications B48/2004/NF to B61/2004/NF (Inclusive), Niagara 21 st Group Inc., Ailanthus Avenue (West Side) 3. Chief Administrative Officer PD-2004-94, Matters Arising from the Municipal Heritage Committee Meeting. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chairperson) RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chairperson) MUNICIPAL WORKS MATTERS 1. Chief Administrative Officer MW-2004-151, 5440 Drummond Road. -4- 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. CD-2004-21, Committee Protocol. 2. F-2004-55, Municipal Accounts; 3. FS-2004-17, Agreement with Fire Monitoring of Canada regarding Permanent Access; 4. L-2004-42, Policy and Procedural Manual, Legal Services - Section 600; 5. MW-2004-146, Tender Award for Contract 2004-138-04; Asphalt Pathways & Victoria Avenue Sidewalk Extension; 6. R-2004-63. Request for Willoughby Township Signage; 7. R-2004-64, Firemen's Park Youth Activity Area Landscape Development, Tender TR21-2004; 8. R-2004-67, Actions Stemming from the Sports Wall of Fame Committee Meeting of September 8, 2004; 9. R-2004-68, Ontario Heritage Foundation Award. RATIFICATION OF "IN CAMERA" ACTION,~ BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-181 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. -5- 2004-182 To establish parts I and 2 on Reference Plan 59R-12413 as a public highway, to be known as and to form part of Dunn Street. 2004-'183 To amend by-law 79-200, to permit the existing building to be used for a dwelling unit and either a martial arts school, a dance or music studio, a calisthenics studio or an art studio. (Re: AM-33/2004, Margaret Elizabeth Pinter) 2004-184 To authorize monies for General Purposes (October 4, 2004) 2004-185 To adopt, ratify and confirm the actions of City Council at its meeting held on the 4th day of October, 2004. NEW BUSINESS Page 1 of 1 Dean Iorfida - Boys and Girls Club Niagara - Agenda - City Council From: "JoAnne HeW' <jhett~on.aibn.com> To: <diorfida~city.niagarafalls.on.ca> Date: 8/9/2004 1:58 PM Subject: Boys and Girls Club Niagara - Agenda - City Council CC: "Ms. Carolyrm Ioannoni" <ioannoni~city.niagarafalls.on.ca>, "Bill Walters" <wedghome~iaw.on.ca>, "Barbara Greenwood" <wgreenwood~cogeco.ca>, "Bart Maves" <bmavesco~sprint.ca>, "Bill Roach" <roachr~sympatico.ca>, "Brian Wilcox" <brian~bcwlawoffice.com>, "Delia Iafrate" <da_eagle2~hotmail.com>, "Diane McLean" <bmclean~cogeco.ca>, "John Drake" <tdrake67~cogeco.ca>, "Joyce McKellar" <joyce.mckellar~scotiabank.com>, "Krista Degazio" <degazio~mergetel.com>, "Larry Warden" <lwardenl~cogeco.ca>, "Mike Colaneri" <mcolaneri~cottoninc.ca>, "Dan Nywening" <6236~nrps.on.ca>, "Richard Slater" <uap.napa.Niagara~cogeco.ca>, "Sandy Hetherington" <s.Hetherington~sympatico.ca>, "Scott Johnstone" <3392~nrps.on.ca>, "Shannon Gibson" <9037~nrps.on.ca>, "Sharon Salci" <ssalci~yahoo.com> Boys and Girls Club of Niagara ' . ' th" "Celebrating the Potentzal qf all Chtldren and You August 9, 2004 Dear Mr. Iorfida: The Boys and Girls Club &Niagara wish to make a presentation to City Council at the next Regular Council Meeting - October 4, 2004. The presentation will provide Council with an overview of our project plans to develop a New Boys and Gids Club in the City of Niagara Falls. I look forward to confirmation of the time and date. Thank you so very much. Sincerely, JoAnne Hett Executive Director file://C :\Docmnents%20and%20Settings\Administrator\Local%20Settings\Temp\GW} 000... 9/22/2004 Hear Phone (905) 358~5552 Bui,di.g N I 0916 09:13 Fa~ (905)35g-6033 5673 North Street Niagara Falls, ON L2G 1J4 www.heartniagara, com Email: info~heartniagara.eom September 13, 2004 Mr, Dean Iorfida City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 2L1 RE: Strengthening Cardiac Services in Niagara Dear Mr. Iorfida: As per a telephone conversation with~Barb Muir this letter is to request permission for Heart Niagara to present to council on Monday, October '1~er'2004 information on the integrated model of primary and secondary prevention of vascular disease. The presentation HNI will provide describes the model's benefits and barriers; as well as there being no regional access to Ministry funded Cardiac Rehab or advanced cardiac services in the Niagara Region. Dr. Dobbin will be the speaker and 9 packages will be delivered as per Barb's request by October 5, 2004. Please feel flee to email Karen Stearne at karen.stearne~heartniagara.com any information we may require. Thank you so much for your assistance in this matter and for the opportunity to present to council. Sincerely, Karen Stearne Executive Director Providing Community Coronary Care Programs to the Niagara Region for over 25 years Charitable Registration Number 107473316RR0001 Community Services Department R-2004-65 if f ~1~,~ Parks, Recreation & Culture TheC yo Adele Kan ..... ~. 4310 Queen Street Niagara I-ails ~lJ~,~ P.O. Box 1023 Director Cancldo~~~' Niagara Fails, ON L2E 6X5 ~T~ web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2004-65 - Proposal for Active Transportation Pilot Project RECOMMENDATION: That Council support a pilot program, Active Transportation in parmership with Healthy Living Niagara and Go For Green, which will assist the City of Niagara Falls in moving toward becoming an active municipality. BACKGROUND: Lisa Gallant and Marian Landry will appear as a deputation to share information with Members of Council and the public about this pilot project. The primary focus of this pilot project is the promotion of active transportation as a means to improved community health. Active Transportation, also known as human power, involves residents using their muscles to get around. As a result, individuals get fit while traveling somewhere. Presently, the personal health of Canadians is being compromised by physical inactivity. Consequently, approximately two-thirds of all Canadians are not physically active enough to achieve health benefits (Canadian Fitness & Lifestyle Research Institute, 2002). PILOT PROJECT: The pilot project will take place over two (2) days with a series of meetings and workshop activities. During the workshop, emphasis will be given to the following: 1. Creating an Active Transportation Vision (ATV) for the City of Niagara Falls; 2. Assessing the local Active Transportation Quotient (ATQ) and; Working Together to Serve Our Communi(y Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 04, 2004 - 2 - R-2004-65 3. Drafting an Active Transportation Plan (ATP) for the City of Niagara Falls. Becoming an Active Community will involve a partnership with Go For Green and Healthy Living Niagara. The City of Niagara Falls, and its partners will organize a two (2) day workshop that will focus on creating a vision, an assessment tool, and a plan of action for implementation. In addition, the workshop will emphasize educating and engaging the community on various forms of exercise that result in Active Transportation. In order to enhance the success rate of Active Transportation, it is recommended that the following individuals attend the two (2) day workshop: Politicians (Mayor, Councilors, MP, MPP) Public Health Officials Civil Servants (e.g. Planning, Works, Recreation) Educators (Administrators, Consultants, Teachers) Local Businesses CONCLUSION: Through an increase of community physical activity participation and a decrease in air pollution, residents of Niagara Falls will live healthier, longer and happier lives. Thus, resulting in improved health for Canadians, as well as a reduction in health care costs. Prepared by: Respectfully Submitted: Jason MacLean nald Health & Wellness Coordinator ~/Chief Administrative Officer Recommended by} ~ Adele Kon Director of Parks, Recreation & Culture JM/das S:\Council\Counci12004~R-2004-65 - Active Transportation Pilot Project.wpd Ontario Division~Can;~dian Union of Public Employees NI~o~d~,~e!~L~k,~¢, ~arborough, ON M1B 3V4 Tel: 416 299 9739 · Fax: 416 299 3480 · E-mail: cupeont@web.net September 16, 2004 To Mayors and Councils, We are writing to ask that you and your Council once again endorse a day of recognition for the many people who work providing care to children in your community. Last year you were one of over eighty municipalities that proclaimed this day of appreciation making it such a success. The Ontario Coalition for Better Child Care (OCBCC), The Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that this year Wednesday October 27t~ 2004 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Reseamh shows the many economic benefits accrued from affordable, accessible high quality child care. This benefit comes from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. To help us to promote this day we would also like to ask your Council to provide financial support for public announcements, for example advertising the day on the side of city buses or other means your Council uses to reach out to the public and we are happy to provide artwork to facilitate this process. We hope that with your active support your proclamation of this day of recognition will encourage and support a day of community recognition for child care workers. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 27th. Thank you for your consideration. {~C(~I~'O~ ~,~ Yours sincerely, ~/.//./~ Patrick (Sial) Ryan Shellie Bird President, CUPE Ontario .C~D, resident, OCBCC Patrick (Sid) Ryan "ONE STRONG VOICE" Brian O'Keefe President .~ {~ Secretary-Treasurer niagara falls public library September 20, 2004 forty eight forty His Worship Mayor Ted Salci eight and Members of City Council victoria avenue City of Niagara Falls, Ontario niagara falls Members: ontario L2E 4C5 Tel.: 905/356-8080 Re: PUBLIC LIBRARY WEEK PROCLAMATION Fax: 905/356-7004 Ontario Public Library Week will be celebrated throughout our province from October 18 to 24, 2004. The Niagara Falls Public Library requests that City Council proclaim this week as Ontario Public Library Week in Niagara Falls. I have enclosed a sample wording of the proclamation for the consideration of Council. We invite you and all residents to visit and use throughout the year our three libraries and our website www.nfpl.librarv.on.ca which is alive with a wealth of helpful and accessible information including our Nmgara Historic Digital Collections" which features a local newspaper index and image database of photographs documenting the history of our community. Users of our website can also search the catalogue and research databases, place holds, renewals and much more. Sincerely, Joe Longo Chief Librarian 200~,~. 09/23/2004 T~U 14:10 FAX 905 3§§ 6236 NF F,D, Admin ~001/001 Fire Services ~II~G. F~L8 CLERK~;'04 09;~ 14:18 'the C~ty of Niagara Falls Inter-Depa~ment Memorandum ~~ TO: Dean Iorfida DATE: September 23, 2004 City Clerk FROM: Laura Carroll Executive Secretary to Fire Chief Ext. 2203 RE: Fire Prevention Week - October 3 - October 9 Fire Prevention Week is October 3 to 9, 2004 and this year's theme is "It's Fire Prevention Week. Test Your Smoke Alarms". Fire Services is asking that Council proclaim the week of October 3 to 9 as Fire Prevention Week. Thank you, FYorking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services t SEP 1,5 2004 To: Jotm MacDonald, CAO ~ OFFICE OF ~ From: Brian Wilkie, President L?'~E AOM,NISTRATO_ R~ Subject: Annual Shareholder Resolutions - ~iagara [~11~ ~ydro Corporations Date: September 14, 2004 Dear John: Further to our recent information meeting held on September 14, 2004 at the Niagara Falls Public Library, please be advised that Niagara Falls Hydro is respectfully requesting that the shareholder, The City of Niagara Falls, execute the three annual resolutions of the shareholder for the three Niagara Falls Hydro Corporations. These Corporations are as follows: 1. Niagara Falls Hydro Holding Corporation 2. Niagara Falls Hydro Inc. 3. Niagara Falls Hydro Services Inc. Enclosed please find a copy of each required resolution. The Shareholder's representative, represented by the Mayor of the City of Niagara Falls, should execute these Shareholder Resolutions once confirmed by City Council. Should you have any further questions, please do not hesitate to contact our office. Your assistance is greatly appreciated. Sincerely, Brian Wilkie, CGA President BW/cs Annual Resolution of the Shareholder Of Niagara Falls Hydro Holding Corporation Resolved that: 1. Approval of Financial Statements The consolidated and non-consolidated financial statements of the Corporation for the financial year ending December 31, 2003 with the report dated February 20, 2004 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith & Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by-laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the of ,2004 Mayor Ted Salci, City of Niagara Falls Annual Resolution of the Shareholder Of Niagara Falls Hydro Inc. Resolved that: 1. Approval of Financial Statements The financial statements of the Corporation for the financial year ending December 31, 2003 with the report dated February 20, 2004 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and ara hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith & Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by-laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the of ,2004 Mayor Ted Salci, City of Niagara Falls Annual Resolution of the Shareholder Of Niagara Falls Hydro Services Inc. Resolved that: 1. Approval of Financial Statements The financial statements of the Corporation for the financial year ending December 31, 2003 with the report dated February 20, 2004 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith & Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by-laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the of ,2004 Mayor Ted Salci, City of Niagara Falls Corporate Services Department PD-2004-84 The Cify of ~ Planning & Development Doug Darbyson Niaga Fa Fails P.O. Box t023 CQn~~"' Niagara Falls, ON L2E 6X5 ~~~, r~.,~~" web site: www.clty.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@cfty.nlagarafalls.on.ca September 20, 2004 His Worship Mayor Ted Salei and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-84, Proposals to Expand Buildings Located on the Sodom Road and Oliver Street Road Allowances RECOMMENDATION: It is recorm~ended that Council ]~tgsupport the request to authorize anaendment applications for the road ends of the ~~axd Oliver S~eet road allowances~**without prejudice and subject to a full review.** BACKGROUND: Peggy Erwin and Ralph Terrio wish to erect additions to the buildings they have constructed on lands they lease from the City which are, respeedvely, the ends of the Sodom Road and Oliver Street mad allowances next to the Welland River. Schedule I shows the locations of the subject lands. The road allowances are owned by the City but are leased to Ms. Erwin and Mr. Ten'lo under 40-year agreements approved by Council last year. Mm. Erwin proposes to construct a 612 sq. ft. addition to her existing 552 sq. ft. cottage, which would result in a 1,224 sq. ft. house. The intention is to create her year- round permanent residence there. Mr. Terrio proposes to build a 532 sq. fl. living area addition to his 377 sq. ft. boathouse, resulting in a 909 sq. ff. cottage. The proposals are shown as Schedules 2 and 3. The lands along the Welland River are zoned Hazard Land (HL) by Zoning By-law 79-200. The HL zone recognizes existing dwellings (at the time of passage) but does not permit the conversion, extension or enlargement of the dwellings. Mrs. Erwin and Mr. Terrio are seeking Council's permission to submit an application to rezone the lands to allow for the enlargement of their buildings. TbJs anthofization is being sought because the City owns the lands. An earlier report on this manet was deferred from the July 12, 2004 Council meeting at the request of the applicant. Overview The subject lands m'e designated, in pa~l, Environmental Protection Area (floodplain lands) and, in part, Working Together to Serve Our Community C/erRs · Finance Human Resources Information Systems · Legal Planning & Development September 20, 2004 - 2 - PD-2004-84 Residential by the Official Plan. The Environmental Protection policies seek to maintain the lands along the Welland River in public ownership. Development within Environmental Protection Areas is not normally permitted, but may be considered by amendment to the Plan *vhen accompanied by prescribed studies. Mrs. Erwin's cottage is located in the Residentially designated area. Mr. Terrio's converted boathouse building (a sanitary sewer and waterline were extended to the building in 2002) is located within the Enviromnental Protection area. Both properties are zoned Hazard Land (HL) in the Zoning By-law. While the By-law permits the continuation of existing dwellings, it specifically prohibits the expansion and enlargement. The intent of this provision was to ensure residential uses within this area were not further entrenched. When Council extended the leases for these lands, among other things, it had regard to the existing nature of the structures and that no waterfront plan was imminent, but clearly Council was not willing to give up public control of the lands. Now Mrs. Erwin seeks to establish a substantial year round home and Mr. Terrio seeks to erect a significant cottage. It is a case of whether individual interests should supercede the broader public good. If Council chooses to grant Mrs. Erwin and Mr. Terrio permission to apply for a zoning amendment (and in the case of Mr. Terrio, an Official Plan amendment) it should be given "without prejudice", meaning that the outcome of the amendment applications will be determined through the Planning Act process including a full and fair public meeting. Such applications should be accompanied by environmental studies to address the effects of development on the Environmental Protection Area (Terrio) or Provincially Significant Wetlands (Erwin). In affording these proponents the opportunity to apply for amendments, it will ultimately change the way in which the lands will be used versus how the lands were used at the time of the lease agreements. Accordingly, Council may wish to review the terms of the lease agreements to address issues such as possible public easement to cross the lands and specify responsibility for demolishing substantially larger buildings when the leases expire. CONCLUSION: Staff cannot support the request for authorization to change the zoning and/or official plan for the said lands as they do not represent the long-term public interest. However, if Council grants the request, it should be without prejudice and subject to a full review as outlined in this report. Prepared by: A~ Alex Herlovitch T. Ravenda Deputy Director of Planning & Development Executive Director of Corporate Services Recommended by: Respectfully submitted: Doug Darbyson ~/~"- John MacDonald Director of Platming &Development ~'~ Chief Administrative Officer AH:tc Attach. S:kPDRk2004kPD2004 84, Expand Bldgs Sodom and Oliv¢~ ~pd Schedule 1 - Sodom Road and Oliver Street Buildings 100 year Flood Line Welland River PSW ~oll (Lands P.LN. LOTS ESS/ON 3, JHBY ~ ',..,..-'.. PART 1 ~ PART 2 /', P~N 59R- % PART 3 P JN L~7' (Ns A N~.) F~1'15"E (REFERENCE B~iNG)~25.28'(~R-~9~O ~ u~.)4~s.63' (N, ~ ~ ~// LOT ~ ~a;~cgNF TO LOF ~ e.$N. ~-0~4 .~/ ~ ~ 3-~F~N 59R-928S ~,~(~4~ ' )T %~,~/,8~ LOT 7 SCHEDULE 3 (TERRIO) ~ ~OSTSOUmERLY / ~R~ OF LOT 49 ' P. LN. 64~55-004: 7861 50.0' (7.)  ~un;cipol Corporate Services Department PD-2004-92 Planning & Development Doug Darbyson 4310 Queen Street Director Th~ ¢ih~ of Jf~i~l~ Niagara FallslJ~' P.O. Box 1023 Canada~,~.~~ Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca '~1~1~~ T'- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Memb ers: Re: PD-2004-92, Ashton Iteights Draft Plan of Condominium File: 26CD-11-2004-02 Owner: Niagara Union Property Development Inc. RECOMMENDATION: It is recommended that: 1 ) the Ashton Heights Plan of Condominium be draft approved subject to the conditions in the attached Appendix; · 2) the Mayor or designate be authorized to sign the draft plans as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: The Ashton Heights development is located on the west side of Drummond Road, between Ash Street and Murray Street, as shown on Schedule 1. Renovations to the former union hall on the property to create 25 apartment units were initiated earlier this year. The site layout is shown on Schedule 2. The application for plan of condominium subdivision will permit the individual ownm'ship of each unit in the development with the common elements (e.g., open space, driveways) shared by the condominium corporation. Planning Process This development has proceeded through various planning approvals and consultation with the public. The project has been designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. The property was subject to a rezoning application (AM-11/2001) and By-law No. 2001-266 was adopted by Council in December 2001 to zone the Working Together to Serve Our Community Clerks Finance · Human Resources Information Systems Legal · Planning & Development October 4, 2004 - 2 - PD-2004-92 land Residential Apartment 5B Density (R5B) with special provisions. The Committee of Adjustment approved applications for a severance (B36/2003/NF) and variances (A-31/2003) on the property in July 2003. These approvals allowed for the separation of vacant land for a townhouse development on a portion of the property and varied zoning requirements for a landscaping strip and the location of a garbage storage building for the apartment project. The site plan for the development was approved in September 2003. The Site Plan Agreement was registered on title April 16, 2004. Conditions of Approval Standard requirements for all subdivision developments are applied to plans of condominium including payment of cash-in-lieu of parkland dedication as permitted by the Planning Act. The majority of development issues have been addressed through the rezoning, severance and site plan approvals. Construction has not been completed and a condition is included respecting confirmation of zoning by-law and site plan compliance when the project is finished. The designation ora fire access route through the site, if required by Fire Services, is also a condition of approval. The Region promotes the redevelopment of such non-residential properties to residential use which is consistent with "smart growth" principles. CONCLUSION The Ashton Heights development has received the appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the units. The conditions of approval are listed in the Appendix. Prepared by: Respectfully submitted: Richard Wilson /' ,/ John MacDonald Planner 2 ~// Chief Administrative Officer Recommended by: a,Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:XPDRL2004~PD2004-92, Ashton Heights.wpd October 4, 2004 - 3 - PD-2004-92 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Ashton Heights Draft Plan o£Condominium prepared by Matthews, Cameron, Heywood - Kent T. Howe Surveying Limited, dated April 15, 2004 showing an apartment dwelling with 25 units. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit a request to Fire Services to designate through municipal by-law a fire access route on the property, if required. 5. The developer provide information to Planning & Development to confirm compliance with the provisions of the Zoning By-law and Site Plan Agreement. 6. The developer pay the City cash-in-lieu of 5% parkland dedication. 7. The developer provide five copies of the pre-registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions indicating that their respective conditions have been satisfied. SCHEDULE 1 Proposed Plan of Condominium Ashton Heights 26CD-11-2004-02 Location Map MURRAY ST N Subject Land ~ S 1: NTS ASHTON HEIGHTS Key ~ ! I I~?~, LO. 320 t Ash '- Street " ~ ~' ~ PART 2 / Musty Street Corporate Services Department PD-2004-93 , ~'/. Planning & Development Doug Darbyson The City of lJ'~li/ 4310 Queen Street Director Niagara FaIl$11~l~,' P.o. Box 1023 JNiagara Falls, ON L2E 6X5 ada web site: www.city.niagarafalls.on.caCa Tel.: (g05) 356-7521 Fax: (905) 356-2354 E-mail: planningl~city.niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-93, Appeal of Committee of Adjustment Decisions Consent Applications B48/2004/NF to B61/2004/NF (Inclusive) Applicant: Niagara 21'¢ Group Inc. Ailanthus Avenue (West Side) RECOMMENDATION: It is recommended that Council authorize filing an appeal to the conditions of approval for Consent Applications B48/2004/NF to B61/2004/NF (inclusive). BACKGROUND: The above-noted severance applications propose to create 14 lots for single-detached dwellings on the west side of Ailanthus Avenue, south of Dunn Street (see Schedule 1). The lot layout and additional land of the applicant is shown on Schedule 2. In preliminary discussions for this proposal, the applicant's solicitor requested the City to consider the creation of the lots through severances rather than a plan of subdivision. Multiple lot severances are permitted by the City's Official Plan under certain circumstances. Although it is unusual to proceed with this number of lots by severance, staff agreed to this quicker and simpler mechanism given that the proposal satisfied the Official Plan criteria and provided that all standard subdivision- type conditions were achieved in order to ensure a proper development. The City's Committee of Adjustment considered the applications at a Public Hearing held on September 14, 2004. The staff report to the Committee recommended approval subject to several conditions (i.e., all servicing issues to be addressed with a development agreement, road widening of Ailanthus Avenue, fencing a park boundary, payment of cash-in-lieu of parkland dedication and concurrent finalization of the files). At the Public Hearing, the applicant's solicitor requested that the road widening condition not be applied. The Committee members agreed not to include the road dedication in their decisions. Working Together to Serve Our CommunRy Clerks · Finance · Human Resources Information Systems Legal · Planning & Development October 4, 2004 - 2 - PD-2004-93 This road widening is necessary from a staff perspective and is a normal requirement for subdivision or severance approval. Ailanthus Avenue is designated a Collector roadway in the City's Official Plan with a planned right-of-way width of 23 metres (75.5 feet). The road allowance is currently undersized (20 metres/66 feet) and a 1.5 metre (5 foot) widening was requested across the frontage of the proposed lots. This requirement is consistent with other widenings taken on the street in recent years. It is expected that Ailanthus Avenue, because of its north-south orientation and connection to McLeod Road, will act as a secondary access to the Core Tourist Area when Stanley Avenue experiences congestion. Road widenings are not only required to accommodate traffic but also to provide ample area for sidewalks, street trees and utilities. The Planning Act allows an appeal of the Committee's decision and/or conditions of approval. Staff are seeking Council authorization to file an appeal to the Committee's decision not to include the condition for a road widening along Ailanthus Avenue for the 14 applications. The last day for filing the appeal to the Secretary-Treasurer of the Committee of Adjustment is October 7, 2004. An appeal fee of $450.00 is required for the multiple applications. At the next meeting of the Committee on October 5, 2004, staff will request that the conditions be changed for these applications (as permitted by the Planning Act) to include the road widening. If the Committee agrees, this revision to the conditions would eliminate the need for a formal City appeal. However, given the date of Council meetings and the last day for appeal, a determination on the appeal is required at this time. CONCLUSION: The request for a 1.5 metre (5 foot) widening of Ailanthus Avenue as a condition of approval for Consent Applications B48/2004/NF to B61/2004/NF (inclusive) is supported by the City's Official Plan. Such a road dedication is a typical requirement of severance applications and plans of subdivision. Furthermore, the request by the applicant's solicitor to delete this as a condition conflicts with the agreement made with the City to proceed through severances and obtain all standard conditions for development. Council's authorization to appeal the 14 applications is required at this time. Staff will pursue a "change of conditions" for the applications with the Committee of Adjustment at their next meeting to avoid the formal appeal submission. A copy of this report has been provided to the applicant's solicitor. Prepared by: Approved by: Richard Wilson T. Ravenda Planner 2 Executive Director of Corporate Services Recommended by: Respectfully submitted: Doug Darbyson o Director of Planning & Development Chief Administrative Officer RW:gd Attach. S:~PDR~2004~PD2004-93, Appeal of Committee of Adjustraent Decisions.wpd SCHEDULE 1 Appeal To Consent Applications B48/2004/NF to B61/2004/NF (Inclusive) Ailanthus Avenue (West Side) Location Map N Subject Land ~ w~ S 1: NTS SCHEDULE 2 Corporate Services Department PD-2004.94 The City of ~rJ~.~ Planning & Development Doug Darbyaon · -- ~,~ 43'10 Queen Street Director Nlogoro Folls,,~._ PO Box 1023 Canada~.~.~ Niagara Falls, ON L2E 6X5 ~ T'~ web site: w'ww. city. nlagarafalls.on,ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: plan ning@city, niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Said and Members o£the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-94, Matters AHsing from the Municipal Heritage Committee Meeting RECOMMENDATION: It is recommended that City Council: 1) approve, in principle, a designated property grant for two-thirds of the eligible costs to restore the front porch of 6151 Culp Street, as outlined in this report; 2) approve the replacement of the asphalt shingle roof on the Chippawa Town Hall, as outlined in this report; and 3) defer ~fi/5 fi:r~w~ttt~ ~ ~ t~l~X ~i~ ~lsa~ Y~ ~ ~i~ ~l~ represenca=ives from the Legion attena. BACKGROUND: The Municipal Heritage Committee (MHC) held its regular meeting on September 22, 2004. Three matters require Council's consideration. 1) Designated Property Grant - 6151 Culp Street An application for a grant to restore the front porch of 6151 Culp Street has been received from the owner, Gaylanne Boulter. The front porch is referenced in the designating by-law and, therefore, is an architectural feature eligible for funding under the City's program. The Committee considered a work outline from Artistic Remodelling submitted by the owner. The Committee was satisfied that the work constituted restoration with the additional requirements that: · the turned capitals at thc top of the porch posts be retained; }Forking Together to Serve Our Community October 4, 2004 - 2 - PD-2004-94 · the crown mouldings needed for the porch roof be "custom milled" to match the original mouldings; and · a metal column ring be used between the base of the porch posts and pomh floor to ensure proper drainage to prevent premature wood rot. The estimated cost of the work is $4,066 (including GST). The project is eligible for a grant of two-thirds of the costs which is $2,710.00. The Committee recommends that Council approve the grant subject to the conditions outlined and the terms of the Grant Guidelines. 2) Replacement of Roofing - Chippawa Town Itall (Peterson's Workshop) The Chippawa Town Hall, 8198 Cummington Square, is a municipal building designated under the Ontario Heritage Act. City Staff has determined that the asphalt shingle roof needs to be replaced. The Committee reviewed the request and found that replacement of the asphalt shingles will not alter the reasons for designation. The Committee recommends that Council approve the replacement of the asphalt shingle roof with ELK brand shingles in the colour of"Pewter Grey" and the pattern "Captone" or appropriate equivalent. 3) Request to Designate Cummington Square - Village of Chippawa Citizen's Committee (VCCC) The Villag~ of Chippawa Citizen's Committee submitted a request that Cummington Square be designated as a propctty of cultural heritage value as part of the City's 100t~ anniversary celebrations. An identical request was previously considered by thc City. In January 2003, City Council referred the request to be addressed in the Heritage Master Plan. The Heritage Master Plan is currently being prepared by Carl Bray and Associates on behalf of thc Parks, Recreation and Culture division. The Committee recommends that Council defer consideration of the request to designate Cummington Square until the Heritage Master Plan has been completed and adopted. CONCLUSION: The Committee is seeking the concurrence of City Council on these matters. Prepared by: Approved by: Alex Herlovitch Deputy Director of Planning & Development Executive Director of Corporate Services Recommended by: ,/~ Respectfully submitted: · oug arbyson o Director of Planning & Development (,// Chief Administrative Officer V AH:tc S:~PDR~004~PD2004-P4, Matters ^r~$Jng ~rom MHC.wpd Community Services Department MW-2004-151 The City of ~,~ Municipal Works Ed Dujlovic Niagara Falls~ll k 431p.o.0 BoxQUeen1023Street Director Can~da~m~~ Niagara Falls, ON L2E 6X5 ~'~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-151 - 5440 Drummond Road RECOMMENDATION: It is recommended that this report be received and filed. *THAT A LETTER OF SUPPORT BE FORWARDED TO THE REGION SUPPORTING THE RESIDENTS.** BACKGROUND: Members of Council received a letter from MPP Kim Craitor regarding concerns of the residents of the senior apartment at 5440 Drummond Road. The residents petitioned Mr. Craitor's office to have a noise barrier placed along Highway 420. As indicated in the letter Ministry of Transportation (MTO) staffindicated that it was not their responsibility and that in their opinion it was a municipal responsibility. City staff has reviewed the file for the development of the site and is in agreement with most of the points raised. When the site was developed for the 45 unit townhouse complex and the 44 unit apartment complex in the existing school, a berm was required adjacent to the Hwy. 420 and the 45 unit townhouse complex. There were no noise abatement requirements indicated on the site plan drawings for the 44 unit apartment building. City staff is unable to determine from the records as to why this was not a requirement at the time. Had this been a requirement the cost of the installation and maintenance of the noise abatement measures would have been at the cost of the developer of the site. This site was developed by the Niagara Falls Non-Profit Housing Corporation which is a totally separate corporation from the City of Niagara Falls. Accordingly, it is staff's position that a cost for a noise abatement wall would be the responsibility of the current owners of the site. Working Together to Serve Our Comtnunily Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 4, 2004 - 2 - MW-2004-151 Council's concurrence with the above recommendations would be appreciated. Prepared by: Respectfully submitted: Ed Dujlovic, P.Eng. Director of Municipal Works L/ Chief Administrative Officer S:kREPORTSk2004 ReportsWiW-2004-151-5440 Drummond Road wpd.wpd 0810F:,/2004 13:24 905r:,822850 NIG FALLS NON k'kUl-ll I'"~'~'~"~ I , /  Kirn CraJtor, M.PiP. ~ Niagm~a Falls cOt,?, Tuesday, July 20, 2004 IS. is Worship Mayor Ted Sal¢i and Members of Council, The Municipality ofthe City of Niagara Falls, 4310 Queen Strut, Your Wor~p and Members of Council: Re: 5440 Dn,mmond RoM, Niagara Falls E~licr this spring the residents of the seniorS' apartment ~t 5440 Drummond Road p~titioned my office to have nois~ barrier placed along thc hlghw~y 420 right-of-way so they could enjoy thc outdoors during the summertime on their side lawn. On July ?, Mt. Chris Blni~¢y of the Ministry of Transports noise ~bntement dclmrtment, my ~ff, and myself met with the residents and the superintendent (~t their rccl~St) to listm to thc noise problems at this loc~tion. There ::.o q. m in of . sal,.? th,o . thc rest Of 420 should have a noise i~oatffQl¢~lt trainer. ~o~se ~l~er~ wor~ this strip ~nd with the inercasing Cmino bound traffic on the 420 this is the only loemtion tImt is without a barrier. The l¢.Jnistry h~s guidelines that assist them in this mntter. Key ~meng which ~.re... · Any residential properties developed prior to 1977 would qualify for noise protection. The province has moved exl~litioualY over thc yean~ to provide that protection. Properties developed after 1977 are required by the local municipality planning process to provide ~ppwprinte noise b~riers. · However at that time (and even today) institutional and industrial/commercial uses were not deemed to require this Ixentment and municipalities have plonned accordingly. · In 1977 this site was a public school and as a result does not qualify for funding under the Ministry noise abatement program. · In the g0's this site was developed to provide low cost housing and rent geared to income residential and apartment units for seniors. 5930 Moo/xo~e Rosd, Ut~it SNi~g~caFdls, ON, L2,H 3C9 * T- (905) 3574)681 F- (905) 357-9456 E - ' ' 08/0G/2004 13:24 905G822850 NIG FALLS NON PROFIT PAGE 83 Kim Craitor, M.P.P. NiagaraF~ls · In the process, the municipality cognisant of those requirements required the construction of a low berm behind the low cost town housing units abutliug the 420 but exempted the apartment site from any noise abatement requirements. Accordingly, the Ministry will not construct the necessa~ noise abatement wall because it is dearly a local municipality responsibility and as such funding does not exist for this type of project. The MTO will however permit the municipality to enter upon the right- of-way to install aa appropriate nois~ abatement wall. The residents asked me to write to the city tho bchalf, (which I ara plcasod to do), to ask the city to meet directly with the residents (contact below) with a view to helping them alleviate their noise problems from the 420 Highway. Tb~nlc you for attention to this matter. YolJa's truly, Klm Craltor, ~'? CC: Mr. Mark Bonin, Apt: 101, 5440 Drummond Road, Niagara Fails, Ontario L2G 4K9 Phone: (905) 354-1962 3930 Montxo~e Ro~, Unit 8 NZagara Falls, ON, L2H 3t29 · T - (905) 35%0681 F- (905) 35%9456 E - ~l.ola.or~t Corporate Services Department CD-2004-21 The City of ~[l~ld Clerk's Division Dean Iorfida Failsli~4..- 4310 Queen Street City Clerk Niagara con "- P.o. Box 1023 Niagara Falls, ON L2E 6X5 ,~111~~ -l~ web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorflda@city.niagarafalls,on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-21 Committee Protocol RECOMMENDATION: That Council adopt the proposed Committee Protocol and that copies be distributed to members of advisory committees and staff involved with those committees. BACKGROUND: As the Council is aware, this writer was engaged in an extensive review of Council appointments (cf. CD-2004-10, 2004 Appointments) earlier this year. With some modifications, Council adopted various recommendations on sizes of different committees and appointments were made a couple of weeks later. The aforementioned report, however, recognized that there were a number of other issues related to committees that should be looked at in the near future. With this in mind, the writer reviewed similar documents of other municipalities and came up with a generic protocol that will hopefully clarify expectations and responsibilities of advisory committees. Recommended by: Respectfully submitted: olin MacDonal~d tT~ cDi~ew~jdc~ ~ministrative Officer Working Together to Serve Our Community Clerks · Finance Human Resoumes · Information Systems · Legal Planning & Development - 2 - CD-2004-21 Approved by: T. Ravenda Executive Director of Corporate Services Corporate Services Department CD-2004-t0 The City of ,~ Cler~'a Division Dean Iorflda Ni___r~ F_ii. II~, _ 4310 Queen Street City Clerk _u~u .u u a~j~. P.O. BOX 1023 ~-~cln.~l~l~/~J~ll~' Niagara Falls, ON L2E 6X5 T'~ web site: www.city, niagarafalls, on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 ~ The recommendation(s) contained E-mail: diorfida~city.niagarafalls.on.ca ~ in this report were adopted as amended by City Council His Worship Mayor Ted Salci and Members of thc Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-10 2004 Appointments RECOMMENDATION: That Council 1) adopt the recommendations in the Council Appointments Document. 2) authorize staff to advertise to fill appointments. 3) have staff further review the internal committees to refine responsibilities, reporting relations and other issues. To appoint 5 Cltlzena and 2 Council mpresentativee to the Committee of Adjustment; that the corn position of the Parking & Traffic Committee remain In its present form; that the Parking & Traffic Corn mlttae mattera be brought directly to the Community Services Commlttae and not through a separate standing Committee of Council; that the balance of the Report be approved. BACKGROUND: The Review At the last regular meeting of 2003, staff brought forward a report, which was approved, regarding the annual appointments made by Council (CD-2003-22, Appointment to Committees). The report recommended that staff and a working group of Council members bring back recommendations on the appropriate numbers for various committees. With thc size of Council reduced, it was realistic to presume that it would be difficult to maintain the Council complement on various committees (internal and external), boards, and agencies. The report indicated that there "clearly seems to be a plethora of them(appointments); therefore, it would be valuable to review these appointments to determine whether they are necessary". In addition to determining numbers, the review of committees and appointments would provide an opportunity to ensure that all internal committees have appropriate terms of reference and authorizing by-laws. Working Together to Serve Our Community Cle~s Finance · Human Resources · Information Systems · Legal · Planning & Development - 2 - CD-2004-t0 Finally, the municipality should review its committees and appointment process regularly. Many municipalities use the change in Council as opportunity to ensure that their advisory committees are still necessary and fulfilling their stated purpose. The Process Staffproceeded to review all appointments Council makes: to internal committees, external bodies and of specific individuals. Stafftried to anticipate the questions the working group might have; therefore, in addition to attempting to identify all appointments, staff reviewed whether there were a by-law or terms of reference in place, what was the composition of the committee or body, when the committee usually met and any other pertinent comments. Needless to say this turned out to be a long process and despite our best efforts, there could be some appointments that we've missed (though hopefully not too many). The writer consulted with the division heads or stafflialsons on different committees for their input. Some input was received or sought from certain committees. With this information the writer drafted some recommendations. It must be stressed that these recommendations were merely a starting point for discussion. The working group (a.ka the Committee on Committees) met shortly al~er March break. The meeting was productive. Many of the recommendations were accepted, while some were modified or changed. There were some issues that needed to be resolved or additional information was required. Although there was some discussion for a further meeting, the writer consulted, individually, with the Counail members in the group to finalize the remaining recommendations. The recommendations on appropriate numbers for various committees have been ready for a few weeks; however, as staffhas delved into the topic of committees and appointments, other issues have come up such as what actually is the role of committees, what should be the proper reporting relation of internal committees, should there be a protocol for setting up new committees and what should the application process be for appointments. Although staff can appreciate Council's desire to mete out appointments to interested citizen volunteers, sooner than later, for this exercise to be truly valuable the aforementioned issues should be addressed. Nonetheless, staffwill proceed to advertise for appointments and will deal with the structural and procedural issues at a later date. Some general comments on the Council Appointments Document: Council Composition Where there were multiple Council members on certain committees, the Council Appointments Document recommends reducing the Council component. In some cases, especially where there is substantial staffinput on committees, it is suggested that a Council member only be appointed if they are truly interested in the committee and its responsibilities. Council members should only commit themselves to a committee if they are able to attend the majority of meetings. As the report this writer did at the end o£ the last Council term (CD-2003-20, Council Attendance on Various Committees & Boards) indicated, there were a few committees where Council attendance was less than 50%. Although the working group considered a mandatory minimum number of committees for Council members, it was rejected. - 3 - CD-2004-10 Number of Appointments/Committees As the nearly 60 page Council Appointments Document indicates, there are numerous appointments made by Council: Some are required by legislation, some have been ingrained in the municipality for many years, others started for an ad-hoc purpose and have continued on, while some seem to have occurred on a whim, or at least a motion of Council. Are there too many committees? Probably. Andrew Brouwer, the Deputy Clerk of the Town of Ajax, is currently engaged in an A.M.C.T.O study on advisory committees. Unfortunately, his results will not be available for some time. Nonetheless, the town of Ajax which has a population close to 100,000 has a mere seven advisory committees. (It is probably valuable to deal with some terminology: An advisory committee is a body of residents and Council member(s) charged with a mandate to advise and make recommendations to Council on a particular matter. In the Council Appointments Document, the writer uses the terminology "intemai" committee to mean a committee or appointment for which Council has authority or control over. The definition might not be completely accurate in all cases). It seems reasonable to conclude that Niagara Falls may have too many committees. There has been some attempt to rectify this situation. Council approved R-2003-81, which amalgamated the Environmental, Plarming & Greening Committee with the Park in the City and Trillium Awards Committees. Staff, during this exercise, proposed the formation ora Parks, Recreation & Culture Advisory Committee encompassing the Recreation Commission, the Arts & Culture Commission and the Trails & Bikeway Committee. The recommendation was not forwarded for Council's consideration. There, understandably, seems to be a reluctance to eliminate committees that have been ingrained in the community for a number of years. Nonetheless, various advisory committees should be encouraged to work together on projects of mutual interest. One valuable result of this review is that a number of committees that have either fulfilled their mandate or outlived their usefulness are recommended to cease. Citizen CornpoMtion The working group, for the most part, has not suggested any reductions in citizen composition for most committees. Volunteerism is to be encouraged. In a few cases, the working group is proposing minimum and maximum numbers. For example, it is proposed that certain committees have between eight and twelve citizen appointments. If nine citizens apply, then they will all be appointed. If more than twelve applications are received then Council will be required to vote on the appointments. It is hoped that Council will adopt the recommendations in the Council Appointments Document in toto. Also, depending on the adoption of the report, staffwill prepare for Council a list/questionnaire /calendar that will outline the various committees, boards and agencies they can choose to sit on. Future lssuex As indicated earlier in the report, there are many procedural issues that should be addressed to make a study on committees truly valuable. In general terms, some of the issues are as follows: - 4 - CD-2004-10 What added value are Advisory Committees providing? Answering such a question, may eliminate unnecessary and ineffective committees. How much stafftime is allocated to committee work? Is this the most effective use of staff time and resources? What should be stafffs role vis-a-vis the committee? What are the roles of advisory committees? Are they in place to do work and undertake projects or are they merely there to make recommendations to Council? + What happens when committee recommendations conflict with Council decisions? If Council is going to ignore the recommendations of their advisory committees, what is the point of having such committees? What happens when a committee acts contrary to Council's goals and objectives? · What should the protocol or procedure be to set up new committees? Should a motion of Council suffice or should there be a report justifying a committee before it is approved? · Should a committee during its inception have a finite term to avoid the committee being perpetuated over time after it's fulfilled its purpose? Should there be a regular review of committees? How often? How should committees report to Council? Who should prepare the report? Who should speak to the report? The Chair? The Council rep? Stafg? It may not be feasible now but during the appointment process, orientation workshops should be encouraged. Many municipalities engage in this practice. Typically, on the day and time that the committee would normally meet, the staff liaison provides an overview on the committee's mandate and responsibilities. By having orientation workshops, the citizen is fully aware of the expectations of him or her. COI~CLU$1OI~: The review of various appointments is complete. It was a long process but a process that should be engaged in more often. There are still outstanding issues related to process, protocol and efficacy of Council Advisory Committees, which should still be reviewed. The indication received, however, is that Council is anxious to reward eager community volunteers. Hence, the appointment process will be commenced upon adoption of this report. COMMITTEEPROTOCOL Definition and Purposes Advisory committees provide recommendations and advice to City staff and Council. Committee members may contribute to the development of policies, programs and initiatives that enhance the municipality's quality of life. These tri-aunual appointments allow local citizens from various backgrounds to participate in local government. The City can benefit greatly from citizen volunteer's expertise, enthusiasm and civic pride. Some advisory committees may also be involved in the organization and promotion of special events or activities. The goals, objectives and purpose of the advisory committee will be contained in one or more of the following: the advisory committee's terms of reference, the by-law that established the committee, a Council report recommending the formation of the committee or a resolution of Council. Authority The nature of advisory committee recommendations to Council is purely advisory. The committee has no authority, per se. Council may approve, amend, refer or propose other resolutions, as Council deems appropriate. As a result, committee members should not take it personally if Council disregards one of their recommendations. Council members have to weigh various competing interests. Advisory committees shall not reconsider, recommend or advise on a matter that has been decided by Council, unless directed by Council. Responsibilities & Expectations of Advisory Committee Members Advisory Committee Members are expected to: · Familiarize one's self with the mandate and/or terms of reference of the advisory committee · Understand the committee's advisory relationship to Council · Strive to attend all scheduled meetings · Prepare for meetings by reading agendas and any background information supplied · Actively participate in the discussion and decision making process · Undertake any work assigned, including special projects and research, in between meetings · Be open-minded and allow for a variety of opinions to be heard · Respect the individual worth and dignity of other advisory committee members, and maintain a high degree of professionalism · Ask questions, and seek clarification through the staff, the Council liaison or chair · Respect the role and responsibility of the Chair · Respect that actions taken and recommendations shall reflect the majority view of the advisory committee · Respect the decisions and finality of Council · Clearly identify any items of pecuniary interest before they are discussed, and refrain from discussion and voting on the same · Have fun! Responsibilities & Expectations of the Chair All of the responsibilities and expectations of committee members apply to the Chair. Additional responsibilities and expectations include: · Facilitate the meeting by identifying the order of proceedings and speakers · Ensure active participation by all advisory committee members · Be open-minded and encourage a variety of opinions to be heard · Maintain decorum and ensure fairness and accountability · Respect the individual worth and dignity of other advisory committee members, and maintain a high degree of professionalism · Generally, refrain from the discussion until all committee members and Council liaison have had an opportunity to speak on a matter · The Chair has no authority make decisions on his own, he or she can only run a meeting in a fair and efficient manner so that the will of the majority prevails after the minority has had a fair chance to present its point of view · Assist staff liaison when possible or when requested Responsibilities & Expectations of the Council Liaison Some expectations and responsibilities that would be unique to Council members on an Advisory Committee are: · Ensure that advisory committee members are fairly and appropriately engaged · Ensure the staff liaison is not unfairly taking on tasks outside the general parameters of their position · Liaise between Council and the advisory committee, providing information and clarification · Ensure advisory committee members are aware of Council issues that may affect the goals and objectives of an advisory committee, including past actions of Council · When necessary and appropriate, explain the rationale behind the Advisory Committee's recommendation when brought forward to Council · Assist staff liaison, especially with regard to reports to Council or the appropriate Standing Committee Responsibilities & Expectations of the Staff Liaison Each Advisory Committee will have one or more staff members. Staff members will be assisting Advisory Committees as part of their work duties. If the staff member feels that the activities of the Advisory Committee are going beyond the parameters of their position, they are to discuss the matter with their superior. Responsibilities and expectations unique to the staff liaison: · Provide an administrative, secretarial or policy advice role to the Advisory Conunittee · Remain impartial to all committee members · Do not participate in voting; the staff liaison is not an Advisory Committee member · Be mindful of any recommendations, proposed by the committee, that contradict with the municipality's by-laws or policies. Attempt to reconcile any conflicts. If reconciliation is not possible, point out the conflicts in the report. Reporting All reports to Council or the appropriate standing committee will be prepared by the staff liaison. The reports will reflect the recommendations of the advisory committee mindful of the policies, practices and by-laws of the municipality. Advisory committee member(s) shall rely exclusively on appointed staff support to communicate and dispense with recommendations and actions taken by advisory committees, and shall not intervene in the administrative practices. Attendance Generally, advisory committees meet once a month. Nonetheless, subcommittee or working groups formed to carry out the activities of the committee may necessitate a more frequent time commitment. If an advisory committee member is unable to attend a meeting, they should inform the staff liaison. If an advisory committee member feels they cannot commit the requisite time to the committee, they should resign. If an advisory committee member is absent for three consecutive, regularly scheduled meetings without explanation, the staff liaison shall informally notify the absent member to determine if they plan to attend the next regularly scheduled meeting, and note any reasonable or compassionate circumstances, which have prohibited their attendance. If no reasonable or compassionate response was given, staff shall inform the absent member that if they are absent from the next regular meeting, the advisory committee will recommend to Council that their seat be declared vacant. Behav~ur Behavioural expectations are listed in the responsibilities section. In addition, the following guidelines should be noted by advisory committee members: Some advisory committees are afforded a profile in the community. As a result, members may be engaged in activities that put them in direct contact with citizens and various organizations. Advisory committee members shall reflect a professional, courteous manner when interacting with the public. The Council liaison and advisory committee chair play an important role in ensuring that a functional relationship is developed, and in ensuring the integrity of committee members is not impinged. Conflict is often a constructive part of the group decision-making process. When conflict becomes ongoing, inappropriate, unconstructive, or offensive, there may be a need to intervene with an appropriate dispute resolution mechanism. Communications Communications emanating from an advisory committee should not be contradictory to the policies and by-laws of the municipality or it's Council. Any communication of a policy nature shall be recommended to Council for their ratification. Letters of thank you or recognition or correspondences related to the advisory committee's mandate do not have to be vetted through Council. If a staff liaison is uncomfortable with a proposed communication from the advisory committee, they should direct it to their division head for guidance. Unless approved by the committee or Council, an advisory committee member should not speak on behalf of the committee. In a public forum or publication, clearly identify whether you are speaking in your capacity as an advisory committee member, or as an independent citizen, where appropriate. Corporate Services Department F-2004-55 ~& Finance Division Kenneth E. Burden The City of 4310 Queen Street Director Niagara FallslJ~- P.O. BOX ~023 Canada ~,~ Niagara Fells, ON L2E 6X5 ~-~,.~'='~ ~' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-55 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $4,008,354.68 for the period September 8, 2004, to September 21, 2004. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: K. E. Burden [/John MacDonald Director of Finance bt Chief Administrative Officer Approved by: T, Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development MUNICIPAL ACCOUNTS Supplier Name Cheque No Cheque Date Purpose Amount 407 ~l-R EXPRESS TOLL ROUTE 286845 21-Se ~-2004 REM[~I-ANCE 70.21 504802 ONTARIO INC O/A ICI CONTRACTING 286698 14-Sep-2004 CONTRACT SERVICES 3,939.32 984265 ONTARIO LTD AKA CIRCLE P PAVING 286699 14-Se ~-2004 CONTRACT SERVICES 73,309.04 984265 ONTARIO LTD aka CIRCLE P PAVING 286727 14-Se ~-2004 CONTRACT SERVICES 22,246.13 A 1 SLINGER SERVICE 286701 14-Se ~-2004 MATERIALS 163.71 AATEL COMMUNICATIONS INC 286846 21-Se ~-2004 MAINTENANCE AND REPAIRS 3,380.01 ACKLANDS GRAINGER INC 286700 14-Se ~-2004 MATERIALS 665.33 ADVANCE TOWING 286847 21-Se ~-2004 CONTRACT SERVICES 385.20 ALBANESE, LORI 286702 14-Se ~-2004 ADMINISTRATIVE 96.40 ALDERBROOK FARMS INC 286848 21-Se ~-2004 REFUND 85.50 ALERT CARPET CLEANING NIAGARA 286849 21-Se ~-2004 MAINTENANCE AND REPAIRS 209.72 ALFIDOME CONSTRUCT[ON 286850 21-Se ~-2004 CONTRACT SERVICES 95,744.81 ALKARON METALS INC 286703 14-Se ~-2004 MATERIALS 5,106.00 ALL STAR FIRE PROTECTION SERVICES INC 286852 21-Se ~-2004 MAINTENANCE AND REPAIRS 37.45 ALLIED MEDICAL INSTRUMENTS 286704 14-Se ~-2004 MATERIALS 60.58 ALLIED MEDICAL INSTRUMENTS 286851 21-Se ~-2004 MATERIALS 41.93 ALTERNATE SOLLrr[ONS 286853 21-Se ~-2004 MATERIALS 5,160.97 ANTONIO,CHUCK 286705 14-Se ~-2004 ADMINISTRATIVE 38.40 ARAMARK REFRESHMENT SERVICES 286854 21-Se ~-2004 MATERIALS 221.32 ARCHER TRUCK SERVICES LTD 286706 14-Se ~-2004 MATERIALS 437.17 AUTOGRAPHIX 286856 21-Se ~-2004 MATERIALS 166.75 BARCLAY & TODD'S 286708 14-Se ~-2004 SUPPLIES 80.00 BARCLAY & TODD'S 286857 21-Se ~-2004 MATERIALS 53.09 BARDON SUPPLIES-ST CATHARINES 286709 14-Se ~-2004 MATERIALS 1,420.85 BEAI-I'[ES BASICS 286858 21-Se 1-2004 SUPPLIES 168.50 BELL CANADA 286710 14-Se ~-2004 UTILITIES 11,159.93 BELL CANADA 286859 21-Se ~-2004 UTILITIES 115.00 BELL CANADA 286860 21-Se ~-2004 UTILITIES 137.51 BELL MOBILITY 286861 21-Se ~-2004 UTILITIES 799.78 BELL MOBILITY PAGING 286711 14-Se ~-2004 UTII._rflES 60.33 BODKIN LEASING 286712 14-Se ~-2004 LEASES AND RENTS 435.83 BOOTH,ROB 286714 14-Se ~-2004 REFUND 750.00 BOUTILIER,3 286863 21-Se ~-2004 MATERIALS 36.42 BOYS & GIRLS CLUB OF NIAGARA 286864 21-Se >-2004 GRANT 18,577.38 BR.rFISH AUTO SUPPLY 286865 21-Se )-2004 MATERIALS 224.25 BUN'FIN REID 286866 21-Se )-2004 SUPPLIES 336.04 BUSINESS EDUCATION COUNCIL OF NIAGARA 286715 14-Se >-2004 REMTrrANCE 40,540.00 CAHILL, MARK 286716 14-Se )-2004 ADMINISTRATIVE 34.80 CAHILL,VALERIE 286717 14-Se )-2004 REFUND 250.00 CAMPIGOTTO,AARON 286718 14-5e )-2004 ADMINISTRATIVE 168.80 CANADIAN DOOR DOCTOR 286867 21-Se ~-2004 MAINTENANCE AND REPAIRS 409.29 CANADIAN LEAK DETECTION 286719 14-Se )-2004 MAINTENANCE AND REPAIRS 401.25 CANADIAN PORTABLE SERVICES 286868 21-Se )-2004 LEASES AND RENTS 1,053.42 CANTEC SECURITY SERVICES 286869 21-Se ~-2004 CONTRACT SERVICES 11,077.65 CARSWELL 286720 14-Se ~-2004 MATERIALS 213.35 CARSWELL 286870 21-Se ~-2004 MATERIALS 374.68 CARTER CAR & TRUCK RENTALS 286721 14-Se ~-2004 LEASES AND RENTS 723.35 CENTENNIAL CONSTRUCTION 286722 14-Se 1-2004 CONTRACT SERVICES 145,378.28 CENTURYVALLEN 286723 14-Se~-2004 MATERIALS 437.00 CESAR, ELYSHA MARIE 286724 14-Se)-2004 REFUND 430.00 CHARLES ]ONES INDUSTRIAL LTD 286725 14-Se)-2004 MATERIALS 71.34 CHARLES ]ONES INDUSTRIAL LTD 286873 21-Se)-2004 MATERIALS 247.17 CHARLES KELLER CARPENTRY, 286874 21-Se)-2004 REFUND 750.00 CHA~I-ON,JASON 286726 14-Se )-2004 ADMINISTRATIVE 244.60 CIBC TELEPHONE PAYMENTS 286875 21-Se )-2004 REFUND 251.99 CIMCO REFRIGERATION 286876 21-Se)-2004 MATERIALS 3,743.13 cI-r FINANCIAL LTD 286877 21-Se )-2004 LEASES AND RENTS S,577.25 CITY OF NIAGARA FALLS 286728 14-Se)-2004 ADMINISTRATIVE 451.63 CIl~f OF ST CATHARINES 286729 14-Se )-2004 MATERIALS 726.36 CT'I"Y OF NI~AGARA FALLS 1]leC~o[ ~ AP5200 Page: 2 MUNICIPAL ACCOUNTS N~o~o Fol~l Supplier Name Cheque NO Cheque Date Purpose Amount CLASS A FIRE & RESCUE 286730 14-5~ ~-2004 MATERIALS 431.25 CLAYDON,JEFF 286731 14-S~ ~-2004 ADMINISTRATIVE 120.00 CLEAR THOUGHTS WINDOW CLEANING 286732 14-S( ~-2004 MAINTENANCE AND REPAIRS 1,128.51 CODE 4 FIRE & RESCUE INC 286733 14-5~ ~-2004 MATERIALS 450.80 COGECO CABLE CANADA [NC 286734 14-S~ ~-2004 UTILITIES 371.60 COLLINSON,1ACK 286735 14-S( ,-2004 ADMINISTRATIVE 41.20 COMMISSIONAIRES 286736 14-S~ ,-2004 CONTRACT SERVICES 14,884.13 COMMISSIONAIRES 286879 21-Se ,-2004 CONTRACT SERVICES 1,716.94 CON CAST PIPE 286880 21-S~ 3-2004 MATERIALS 2,331.91 COPYMAN PRINT SHOP 286737 14-S~ 3-2004 SUPPLIES 25.30 COPYMAN PRINT SHOP 286881 21-S~ 3-2004 MATERIALS 58.65 COURTOIS & MATHER CREATIVE INC 286738 14-SE 3-2004 MATERIALS 4,547.50 CRAMARO TARPAULIN SYSTEMS 286882 21-SE ~-2004 MAINTENANCE AND REPAIRS 115.00 CRAWFORD ADJUSTERS CANADA INCORP 286739 14-S( >2004 ADMINISTRATIVE 3,243.80 CRAWFORD ADJUSTERS CANADA INCORP 286740 14-S~ 3-2004 ADMINISTRATIVE 14,979.30 CRAWFORD ADJUSTERS CANADA INCORP 286883 21-S~ 3-2004 ADMINISTRATIVE 125.00 CUPE LOCAL 133 286691 08-5~ >2004 ADMINISTRATIVE 3,478.95 CUPE LOCAL 133 286741 14-Se ~-2004 REMI'I-rANCE 3,310.98 CUPE LOCAL 133 286884 21-Se }-2004 REMITTANCE 3,293.16 CYBERBAHN 286742 14-SE >2004 CONTRACT SERVICES 500.00 D. PEARLMAN & ASSOCIATES 286987 21-SE )-2004 ADMINISTRATIVE 347.75 DALTON,BARRY 286743 14-S~ )-2004 REFUND 125.00 DAMARIO,TONY 286744 14-Se )-2004 ADMINISTRATIVE 92.00 DAVEY TREE EXPERT CO 286885 21-5e )-2004 CONTRACT SERVICES 7,579.88 DAVID SCHRAM & ASSOCIATES 286886 21-Se )-2004 CONSULTING SERVICES 9,398.09 DELL COMPUTER CORPORATION 286887 21-Sep-2004 EQUIPMENT 425.50 DEMOL'S TIRE SALES & SERVICE 286888 21-Se )-2004 MATERIALS 9,727.19 DETENBECK,GREGORY& DETENBECK, SYLVIE 286889 21-Se >2004 REFUND 276.01 DOERING & BROWN CORP 286745 14-Se )-2004 MATERIALS 4,720.64 DOUGLAS,JAMIE 286746 14-Se )-2004 ADMINISTRATIVE 231.60 DYNATEC CORPORATION 286747 14-5e )-2004 MATERIALS 2,689.28 ELMS,VICTOR 286748 14-5e )-2004 REFUND 175.00 EMERALD 286749 14-Se )-2004 MAINTENANCE AND REPAIRS 246.10 ENBRIDGE 286750 14-Se )-2004 UTILITIES 1,643.28 ENBRIDGE 286890 21-Se )-2004 UTIUTIES 1,808.51 ENGINEERING CONCEPTS NIAGARA 286751 14-Se)-2004 CONSULTING SERVICES 1,572.90 ENSIGN ELECTRONIC ALARM SYSTEMS 286752 14-Se )-2004 CONTRACT SERVICES 256.80 EVERLASTING IMPRESSIONS 286753 14-Se )-2004 CONTRACT SERVICES 888.10 EVERLASTING IMPRESSIONS 286891 21-Se)-2004 MAINTENANCE AND REPAIRS 187.25 FALLS WHOLESALE LTD 286892 21-Se )-2004 SUPPLIES 708.81 FELIC~ ~i,ANNY 286893 21-Se )-2004 ADMINISTRATIVE 250.00 F~RESERVICE MANAGEMENT LTD 286754 14-5e )-2004 MAINTENANCE AND REPAIRS 226.47 FIRST VANCOUVER FINANCE 286755 14-Se )-2004 MATERIALS 1,904.40 FLEETWOOD MARKET'JNG 286756 14-Se )-2004 REM[TrANCE 551.05 FLEXO PRODUCTS LTD 286757 14-Se )-2004 MATERIALS 2,499.59 FLEXO PRODUCTS LTD 286894 21-Se )-2004 MATERIALS 647.74 FRANCOTYP POSTALIA TELESET 286896 21-Se )-2004 MATERIALS 21,400.00 FRANK COWAN COMPANY LIMTIED 286897 21-Se ~-2004 ADMINISTRATIVE 1,406.30 G & K SERVICES CANADA INC 286761 14-Se ~-2004 MATERIALS 88.37 GABRIELES CUSTOM CATERING 286898 21-Se ~-2004 MATERIALS 250.00 GALT KNIFE CO LTD 286899 21-Se )-2004 MAINTENANCE AND REPAIRS 124.20 GAULEY, ROBERT 286758 14-Se ~-2004 ADMINISTRATIVE 252.00 GB ENVIRONMENTAL SERVICES NIAGARA LTD 286759 i4-Se ~-2004 MAINTENANCE AND REPAIRS 896.13 GERRIE ELECTRIC WHOLESALE LTD 286760 14-Se ~-2004 MATERIALS 787.84 GILMOUR, ROBERT 286900 21-Se ~-2004 REFUND 1,050.00 GLADDING SALES AGENCY LTD 286762 i4-Se ~-2004 MATERIALS 132.47 GOL]A COLOR CENTRE 286763 14-Se ~-2004 MAINTENANCE AND REPAIRS 2,348.65 GRASSWORKS LAWN MAINTENANCE 286901 21-Se ~-2004 CONTRACT SERVICES 2,150.70 GRAYBAR ELECTRIC LTD 286764 14-Se )-2004 MATERIALS 56.39 CZTY OF NTAGARA FALLS 1~CJ~0{ ~ AP5200 Page: 3 MUNICIPAL ACCOUNTS Supplier Name Cheque No Cheque Date Purpose Amount GRAYBAR ELECTRIC LTD 286902 ' 21-S~ ~-2004 MATERIALS 577.81 GREEN LINE EQUIPHENT 286903 21-S~ >2004 EQUIPMENT 21,629.86 GREENSPACE SERVICES 286904 21-S~ >2004 CONTRACT SERVICES 197.95 GROUND AERIAL MAINTENANCE LTD 286765 14-S~ ~-2004 CONTRACT SERVICES 10,901.62 GUILLEVIN INTERNATIONAL INC 286906 21-Se ~-2004 MATERIALS 983.67 HALCO MOBILE MFG SALES & SERVICE INC 286907 21-S~ >2004 LEASES AND RENTS 3,099.00 HALF WAY SAND PIT LIMITED 286908 21-Se ~-2004 MATERIALS 761.04 HARMAN,SCOI-I' 286766 14-S~ -2004 REFUND 125.00 HECO 286909 21-S~ .-2004 MAINTENANCE AND REPAIRS 4,263.16 HERTZ EQUIPMENT RENTAL 286910 21-S~ ,-2004 MAINTENANCE AND REPAIRS 4,584.58 HICKEY, NBAL 286767 14-S~-2004 ADMINISTRATIVE 52.50 HICKS, DAVID& HICKS, SIA 286911 21-S~ ,-2004 REFUND 1,840.40 HILL BOLES LTD 286912 21-S~ ,-2004 MATERIALS 602.74 HOADLEY,TERRI-LYNN 286913 21-S~ ,-2004 REFUND 750.00 ICI CANADA INC 286915 21-S~ ,-2004 MATERIALS 88.39 INTERNATIONAL STRETCHER SYSTEMS INC 286916 21-SE ,-2004 MATERIALS 1,831.38 ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD 286917 21-SE ~-2004 MATERIALS 298.98 1 1 MACKAY CANADA LTD 286768 14-S~ ~-2004 CONTRACT SERVICES 7,475.00 ,IACKSON,DAVE 286918 21-S~ ~-2004 ADMINISTRATIVE 139.60 1AGGER HIMS LIMITED 286919 21-S~ ~-2004 CONSULTING SERVICES 7,309.17 3AMES G ARMOUR & CO LTD 286920 21-S~ ~-2004 MATERIALS 2,889.38 1ET ICE LTD 286921 21-S~ ~-2004 MATERIALS 1,911.00 KIM RICHARDSON TRANSPORTATION SPECIALISTS INC 286922 21-S~ ~-2004 MATERIALS 4,012.50 KINWOOD AUDIO VISUAL 286923 21-S~ ~-20C4 MATERIALS 149.16 KON,ADELE 286924 21-Se ~-2004 ADMINISTRATIVE 86.80 KUCHYT,TOM 286925 21-Se ~-2004 ADMINISTRATIVE 339.04 LAERDAL MEDICAL CANADA LTD 286769 14-Sep-2004 EQUIPMENT 12~652.59 LAERDAL MEDICAL CANADA LTD 286926 21-Se ~-2004 MATERIALS 310.32 LAFARGE CANADA INC 286770 14-Se ~-2004 MATERIALS 9,186.41 LAFARGE CANADA INC 286927 21-Se ~-2004 MATERIALS 5,192.32 LApLANTE,ROBERT& SOUTER, ERICA 286928 21-Se ~-2004 REFUND 571.60 LARRY VANN VANN OOTDOOR ADVERTISING 287004 21-Se ~-2004 REFUND 372.50 LATOPLAST LTD 286771 14-Se )-2004 MATERIALS 1,865.99 LINDSAY PRESS 286773 14-Se ~-2004 MATERIALS 103.50 MACLEAN,3ASON 286930 21-Se ~-2004 ADMINISTRATIVE 226.00 MAKEPEACE,3ANICE 286774 14-Se )-2004 ADMINISTRATIVE 540.00 MANCHESTER SUPPLY 286931 21-Se ~-2004 MATERIALS 3,816.85 MANNELLA, SAMUEL& MANNELLA, MARA 286775 14-Se )-2004 REFUND 1,750.00 MATIldEWS CAMERON HEYWOOD KERRY T HOWE SURVEYIN6 286776 14-Se )-2004 CONSULTING SERVICES 4,000.00 N1CBURNEY DURDAN HENDERSON & CORBETI' 286932 21-Se )-2004 CONSULTING SERVICES 3,145.00 MCKAY HEATH BARRISTERS & SOLICITORS 286777 14-Se )-2004 CONSULTING SERVICES 400.25 ME OLSEN TITLES INC 286779 14-Se )-2004 CONTRACT SERVICES 500.65 ME OLSEN TITLES INC 286933 21-Se )-2004 CONTRACT SERVICES 503.21 MELFI, LEONARDO& MELFI, MARIA AND FILOMENA 286778 14-Se )-2004 REFUND 1,380.30 METRO PLUMBING & HEATING 286780 14-Se )-2004 CONTRACT SERVICES 3,199.73 MI-CELL 286934 21-Se )-2004 MATERIALS 1,418.00 MIHELIC,ZEL)KO 286935 21-Se )-2004 REFUND 1,050.00 MILLEN MARINE & INDUSTRIAL SUPPLY 286781 14-Se )-2004 MATERIALS 464.60 MINISTER OF FINANCE 286783 14-Se)-2004 REMllTANCE 19,200.00 MINISTRY OF ATTORNEY GENERAL 286692 08-Se)-2004 ADMINISTRATIVE 1,345.69 MINISTRY OF ATTORNEY GENERAL 286782 14-Se )-2004 REMFFFANCE 1,345.69 MINISTRY OF AI3-ORNEY GENERAL 286936 21-Se)-2004 REMITTANCE 1,785.59 MISSISSAUGA BUSINESS TIMES 286937 21-Se )-2004 ADMINISTRATIVE 619.26 MODERN LANDFILL INC 286938 21-Se)-2004 CONTRACT SERVICES 3,151.13 MONDRIAN CANADA INC 286784 14-Se)-2004 MATERIALS 416.76 MONTGOMERY,MOE& MONTGOMERY, MIKE 286939 21-SE >2004 CONTRACT SERVICES 302.28 MOROCCO,AMY 286940 21-SE ~-2004 REFUND 750.00 MOROCCO,3OHN 286785 14-Se 3-2004 ADMINISTRATIVE 247.50 MOROCCO,3OHN 286786 14-S( >2004 ADMINISTRATIVE 213.60 CZ'FY OF NI'AGARA FALLS ~C~01 /J~ AP5200 Page : 4 MUNICIPAL ACCOUNTS Eking ~b~J~l[ Supplier Name Cheque No Cheque Date Purpose Amount MTC LEASING INC 286941 21-Se)-2004 CONTRACT SERVICES 277.87 MUNICIPAL FINANCE OFFICERS ASSOC OF ONT 286787 14-Se >-2004 REMI'rrANCE 256.80 MURDOCK, CINDY 286788 14-Se ~-2004 REFUND 750.00 NEDCO 286942 21-Se ~-2004 MATERIALS 4,381.50 NIAGARA DISTRICT AIRPORT COMMISSION 286789 14-Se ~-2004 GRANT 19,500.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 286693 08-S~ ~-2004 ADMINISTRATIVE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 286792 14-5( ~-2004 REMITTANCE 1,981.45 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 286947 21-SE ~-2004 REMTFrANCE 1,981.45 NIAGARA FALLS HUMANE SOCIETY 286790 14-S( ~2004 REMTI'TANCE 65.00 NIAGARA FALLS HUMANE SOCIETY 286944 21-S( ,-2004 GRANT 36,529.65 NIAGARA FALLS HYDRO 286697 10-Se ,-2004 ADMINISlliATIVE 4,121.92 NIAGARA FALLS HYDRO 286791 14-S~ 3-2004 UTILITIES 6,843.98 NIAGARA FALLS HYDRO 286843 15-5( ~-2004 REMI'ri'ANCE 10,392.18 NIAGARA FALLS HYDRO 286945 21-S~ >2004 REMITrANCE 4,609.72 NIAGARA FALLS HYDRO 286946 21-S( >2004 UTILITIES 3,517.19 NIAGARA FALLS TOURISM 286948 21-S~ )-2004 GRANT 66,630.95 NIAGARA INFLATABLES 286949 21-S( )-2004 MATERIALS 431.25 NIAGARA OCCUPATIONAL HEALTH SERVICES 286950 21-Se )-2004 ADMINISTRATIVE 530.00 NIAGARA ON THE LAKE HYDRO INC 286951 21-Se )-2004 ADMINISTRATIVE 83.60 NIAGARA REGIONAL POLICE SERVICE 286793 14-Se )-2004 ADMINISTRATIVE 25.00 NIAGARA THIS WEEK 286794 14-Se )-2004 ADMINISTRATIVE 751.14 NIAGARA THIS WEEK 286952 21-Se )-2004 ADMINISTRATIVE 325.07 NORJOHN LTD 286954 21-Se )-2004 CONTRACT SERVICES 93,082.60 NORTHSTAR CONSTRUCTION 286955 21-Se )-2004 CONTRACT SERVICES 3,103.00 OMFPOA 286795 14-Se )-2004 REMTI-FANCE 150.00 ONTARIO ASSOCIATION OF EMERGENCY MANAGERS 286796 14-Se )-2004 ADMINISTRATIVE 60.00 OUTDOOR OPPORTUNTIES INC 286797 14-Se ~-2004 ADMINISTRATIVE 19,827.14 PAGENET OF CANADA INC 286798 14-Se }-2004 CONTRACT SERVICES 274.01 PALERMO,CARMEN 286799 14-8e ~-2004 REFUND 750.00 PAPER DIRECT 286800 14-Se ~-2004 MATERIALS 98.75 PENINSULA CONSTRUCTION INC 286801 14-Se ~-2004 MAINTENANCE AND REPAIRS 5,029.00 PENINSULA PEST CONTROL LTD 286958 21-S( ~-2004 CONTRACT SERVICES 220.42 PIRAINO & RAIMONDO ASSOCIATES ARCHITECTS 286959 21-S( ~-2004 CONSULTING SERVICES 7,352.90 PRATA, GUY 286802 14-S( ~-2004 ADMINISTRATIVE 46.80 PRAXAIR 286803 14-S( ~-2004 MATERIALS 78.94 PRAXAIR 286960 21-5( ,-2004 MATERIALS 589.37 PRECISE PARK LINK INC 286961 21-Sep-2004 CONTRACT SERVICES 1,681.40 PROJECT SHARE 286962 21-S( 3-2004 GRANT 15,4).4.95 PUROLATOR COURIER 286804 14-S( ~-2004 REMI'rFANCE 125.91 PUROLATOR COURIER 286963 21-S(3-2004 REMI'I-FANCE 25.15 QUICK CAR WASH 286964 21-S( >2004 CONTRACT SERVICES 234.24 R V ANDERSON ASSOCIATES LIMITED 286813 14-S( 3-2004 CONTRACT SERVICES 11,999.24 RANI(IN CONSTRUCTION INC 286805 14-Se >2004 CONTRACT SERVICES 119,707.51 RECEIVER GENERAL 286694 08-S~ )-2004 ADMINISTRATIVE 150,927.51 RECEIVER GENERAL 286806 14-S¢ )-2004 REM]'rrANCE 148,317.85 RECEIVER GENERAL 286965 21-56 )-2004 REMITTANCE 151,460.23 REDEVELOPMENT CONCEPTS INTERNATIONAL 286807 14-S~)-2004 CONSULTING SERVICES 14,127.93 REDEVELOPMENT CONCEPTS INTERNATIONAL 286966 21-Se)-2004 CONSULTING SERVICES 11,703.74 RENTOKIL INITIAL CANADA LIMTIED 286969 21-Se )-2004 CONTRACT SERVICES 141.29 ROADMASTER ROAD CONSTRUCTION & SEALING LTD 286809 14-Se )-2004 CONTRACT SERVICES 62,581.44 ROADSIDE RENTALS INC 286810 14-Se)-2004 CONTRACT SERVICES 222.56 ROADSIDE RENTALS INC 286970 21-Se)-2004 CONTRACT SERVICES 1,530.10 ROCHESTER MIDLAND LIH1TED 286971 21-Se)-2004 MATERIALS 351.50 RODGERS, D 286811 14-Se )-2004 REFUND 103.47 ROGERS WIRELESS INC 286972 21-Se)-2004 UTILITIES 1,229.28 RONALD C ELLENS APPRAISALS INC 286973 21-S, )-2004 CONSULTING SERVICES 3,346.50 ROSS,PHILIP 286974 21-Se )-2004 MATERIALS 45.00 ROTARY CLUB OF NIAGARA FALLS 286975 21-Se )-2004 ADMINISTRATIVE 130.00 ROYAL BANK 286812 14-Se)-2004 ADMINISTRATIVE 103.50 CI'TY OF Nt'AGARA FALLS ~eC~yc~ ~ AP5200 Page: 5 MUNICIPAL ACCOUNTS Nmg ra F II III Supplier Name Cheque No Cheque Date Purpose Amount RYMARCHUK, DEREK 286814 14-5ep~2004 REFUND 750.00 SACCO CONSTRUCTION 286844 1S-Sep-2004 CONTRACT SERVICES 168,850.27 SAEETY KLEEN CANADA INC 286976 21-Sep-2004 MATERIALS 163.27 SAFETY TODAY 286815 14-Sep-2004 MATERIALS 405.81 SAFETY TODAY 286977 21-Sep-2004 MATERIALS 407.10 EALCI,TED 286978 21-Sep-2004 ADMINISTRATIVE 900.00 SCOTIA BANK 286980 21-Sep-2004 REFUND 854.89 SCOTIA BANK 286981 21-Sep-2004 REFUND 615.44 SCOTIABAN K 286979 21-Sep-2004 MATERIALS 3,471.99 SCO1-F,.1AN ET 286982 21-Sep-2004 REFUND 344.00 SELECT TOTAL SERVICE 286816 14-Sep-20IM MATERIALS 4,423.70 SETON 286983 21-Sep-2004 MATERIALS 823.96 SIEMENS BUILDING TECHNOLOGIES LTD 286817 14-Sep-2004 MATERIALS 6,437.90 SIGNATURE SIGNS 286818 14-Sep-2004 MAINTENANCE AND REPAIRS 3,958.45 SIMPLEX GRINNELL 286819 14-Sep-2004 CONTRACT SERVICES 1,501.96 STREAMLINE 286985 21-Sep-2004 MAINTENANCE AND REPAIRS 657.80 SUN LIFE OF CANADA 286987 21-Sep-2004 REM1TrANCE 228,875.51 SUNCOR ENERGY PRODUCTS INC 286820 14-Sep-2004 REMI-n'ANCE 1,263.15 SUNCOR ENERGY PRODUCTS INC 286986 21-Sep-2004 MATERIALS 1,438.32 SUPERIOR PROPANE INC 286988 21-Sep-2004 MATERIALS 23.00 TAB 286822 14-Sep-2004 MATERIALS 46.86 TECHNICAL STANDARDS & SAFE-FY AUTHORITY 286990 21-Sep-2004 REMITFANCE 160.50 TELUS MOBILITY 286823 14-Sep-2004 MATERIALS 144.86 TELUS MOBILITY 286824 14-Sep-2004 UTILITIES 1,177.52 TELUS MOBILITY 286825 14-Sep-2004 UTII.1TIES 5,695.76 TELUS MOBILITY 286991 21-Sep-2004 CONTRACT SERVICES 793.98 TENNIER SANITATION 286992 21-Sep-2004 MATERIALS 929.72 TES INFORMATION TECHNOLOGIES 286826 14-Sep-2004 MATERIALS 6,900.00 TESSMER,LOTHAR 286827 14-Sep-2004 REFUND 86.24 THE CITY OF O'I-rAwA 286993 21-Sep-2004 MATERIALS 45.00 THE CORPORATION OF THE TOWN OF FORT ERIE 286994 21-Sep-2004 ADMINISTRATIVE 400.00 THE HAMILTON SPECTATOR 286828 14-Sep-2004 ADMINISTRATIVE 1,844.15 THE KIRKLAND PARTNERSHIP 286696 08-Sep-2004 CONSULTING SERVICES 3,395.11 THE KIRKLAND PARTNERSHIP 286995 21-Sep-2004 CONSULTING SERVICES 2,030.86 THE ORIGINAL FLAG STORE 286996 21-Sep-2004 MATERIALS 624.45 THE PEPSI BO'FI'LING GROUP 286997 21-Sep-2004 MATERIALS 741.87 THE REGIONAL MUNICIPAI.1TY OF NIAGARA 286695 08-Sep-2004 ADMINISTRATIVE 8,082.23 THE REGIONAL MUNICIPALITY OF NIAGARA 286808 14-Sep-20lM MATERIALS 18,784.32 THE REGIONAL MUNICIPALITY OF NIAGARA 286967 21-Sep-2004 ADMINISTRATIVE 823,961.96 THE REGIONAL MUNICIPALTrY OF NIAGARA 286968 21-Sep-2004 ADMINISTRATIVE 669,253.60 THE REVIEW 286998 21-Sep-2004 ADMINISTRATIVE 6,511.39 THE UNIFORM GROUP INC 286829 14-Sep-2004 MATERIALS 877.45 THE UNIFORM GROUP INC 286999 21-Sep-2004 MATERIALS 310.56 TOTTEN SIMS HUBICKI ASSOCIATES 286830 14-Sep-2004 CONSULTING SERVICES 4,652.24 TOTTEN SIMS HUBICKI ASSOCIATES 287000 21-Sep-2004 CONSULTING SERVICES 973.65 TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC 286831 14-Sep-2004 MATERIALS 878.22 TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC 287001 21-Sep-2004 MATERIALS 155.25 UN]FED WAY 286832 14-Sep-2004 REM]FTANCE 75.00 UNUM LIFE INSURANCE COMPANY 287002 21-Sep-2004 REMI'TTANCE 1,141.44 URBAN & ENVIRONMENTAL MANAGEMENT INC 287003 21-Sep-2004 CONSULTING SERVICES 9,440.32 VAN DYKE, KATHLEEN 286833 14-Sep-2004 ADMINISTRATIVE 176.00 VIC VATRT CONTRACTING LTD 286834 14-Sep-2004 CONTRACT SERVICES 235,178.66 VINELAND QUARRIES 287005 21-Sep-2004 MATERIALS S08.29 WALK ON DUST CONTROL 286837 14-Sep-2004 CONTRACT SERVICES 75.86 WALK ON DUST CONTROL 287007 21-Sep-2004 CONTRACT SERVICES 325.23 WALKER BROTHERS ASPNALT 286835 14-Sep-2004 MATERIALS 13,084.52 WALKER BROTHERS QUARRIES LTD 286836 14-Sep-2004 MATERIALS 463.48 WALKER BROTHERS QUARRIES LTD 287006 21-Sep-2004 MATERIALS 680.72 WARREN SOLARIUMS 287009 21-Sep-2004 REFUND 750.00 CITY OF NIAGARA FALLS I~C~01 ~ APS200 Page : 6 MUNICIPAL ACCOUNTS Nio oro Foll J l' Supplier Name Cheque No Cheque Date Purpose Amount WES'T'BURNE/RUDDY 286838 14-Sep-2004 MATERIALS 234.60 WHAT'S UP KIDS MAGAZINE LTD 286839 14-Sep-2004 ADMINISTRATIVE 428.00 WINGER,TERRI 287010 21-Sep-2004 ADMINISTRATIVE 65.00 WOMEN'S PLACE OF SOUTH NIAGARA INC 287011 21-Sep-2004 GRANT 2,083.33 WSIB 286840 14-Sep-2004 REMI-~'ANCE 2,857.02 YACYSHYN,PETER 287012 21-Sep-2004 REFUND 750.00 YARNELL OVERHEAD DOOR 286841 14-Sep-2004 CONTRACT SERVICES 72.23 YMCA 287013 21-Sep-2004 GRANT 7,500.00 YOUNG SOD FARMS LTD 286842 14-Sep-2004 MATERIALS 156.09 YOUR HOST MOTOR INN BEST WESTERN FALLSVIEW 287014 21-Sep-2004 REFUND 865.00 Total: 4,008,354.68 Community Services Department FS-2004-17 T ..... ,~a Fire Services Patrick Burke ne L;~ty ot 4310 Queen Street Fire Chief Niagara Falls ljl~' P.O. Box 1023 Canada ~~ Niagara Falls, ON L2E 6X5 ~ JJllllJ~ web site: www.city, niagarafalls .on .ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih pburke@city.niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-17 Agreement with Fire Monitoring Technology Inc. to allow "open access" fire alarm monitoring and notification RECOMMENDATION: It is recommended that Council authorize the Mayor and the City Clerk to sign an agreement with Fire Monitoring Technology Inc. to allow for "open access" fire alarm monitoring by Niagara Falls Fire Services. The agreement will be subject to the review and approval of the City Solicitor. BACKGROUND: For many years now, the Niagara Falls Fire Services have been directly monitoring a number of occupancies in the city which are required to have monitored fire alarm systems. In addition, there are several buildings which are required to have monitored fire alarm systems that have those systems monitored by a third party ULC listed central station. In the case of the third party central station, when an alarm is received the central station would contact the Niagara Falls Fire Services Alarm Room by telephone to report the activation o f an alarm. Where there is direct monitoring, the alarm is received directly by the Fire Services Alarm Room. In the fire service response time is a critical factor in life safety. Fire departments have no control over much of the time in a fire situation. The most significant area of control a fire department has is the time for processing and dispatching once an alarm is received. Where direct monitoring is involved the incident building' s alarm system notifies the fire department at the instant that the alarm system is activated; the notification is immediately processed by the Alarm Room computer aided dispatch system and the appropriate vehicles and firefighting resources are immediately dispatched. In third party monitoring situations, the alarm would first go to the third party central station and Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 4, 2004 - 2 - FS-2004-17 would be processed there; after processing the fire department would be notified and upon notification would begin processing the alarm by keying the address into the computer and then dispatching the appropriate vehicles and resources. Precious time can be lost that could range from seconds to minutes. The thrust behind "open access" is to provide a simultaneous link between the third party central station monitoring agencies and the fire department Alarm Room or Dispatch Centre. It would, in effect, become direct monitoring with all of the advantages of time saving through processing built in. It would provide us with the opportunity to receive alarms directly from more buildings within the community and thereby reduce the overall response times to incidents at those buildings. Fire Monitoring Technology Inc. would provide the link to those third party central stations by individual agreements. It is recommended that Council authorize, subject to review and approval of the City Solicitor, the Mayor and the City Clerk to sign an agreement with Fire Monitoring Technology Inc. to allow for "open access" fire alarm monitoring by Niagara Falls Fire Services. Patrick Burke cDonald Fire Chief I/Chief Administrative Officer Corporate Services Department L-2004-42 ii'lid Legal Services R.O. Kallio The City of FOiiSEB~ 4310 Queen Street City Solicitor Niogoro P.O. Box 1023 Con~~ Niagara Falls, ON L2E 6X5 ~1~--' web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio(~city.niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-42 Policy and Procedural Manual Legal Services - Section 600 RECOMMENDATION: That Council approve Section 600 of the Policy and Procedural Manual ("Policy Manual") being Legal Services policies and procedures. BACKGROUND: Legal Services policy and procedures as set out in Section 600 of the Policy Manual have not been updated since February, 2000. A review of the Policy Manual has resulted in amendments, which amendments serve to update and clarify the duties and responsibilities of Legal Services, as set out in Appendix "1" attached to this Report. Prepar~y: Approved by: Mary Morr~ne T. Ravenda Law Clerl~ Executive Director of Corporate Services Recommended by: Respectively submitted: ~ 'c~']' ~/3/" ~/~'x' ~::- - ~~i~l~saltrdativ e Officer Working Together to Serve Our Community Clerks Finance Human Resoumes Information Systems · Legal Planning & Development SECTION 600 LEGAL SERVICES 600.01 - DUTIES AND RESPONSIBILITIES OF LEGAL SERVICES 600.02 - DISPOSAL OF CITY OWNED LAND INCLUDING PUBLIC HIGHWAYS 600.03 - ENCROACHMENT OF A BUILDING, STRUCTURE OR SIGN OVER OR UPO~ A PUBLIC HIGHWAY OR OVER OR UPON CITY OWNED LANDS 600.04 - INSURANCE CLAIMS 600.05 - RELEASE OF INFORMATION OR RECORDS 600.06- SITE PLANS CORPORATE SERVICES DATE EFFECTED POLICY: January 1, 1976 LEGAL SERVICES Duties and Responsibilities DATE OF REVISION of Legal Services October 4, 2004 Section 600.01 Legal Services provides comprehensive legal services to Council and through Council to its departments, committees and boards. Legal Services is responsible for the following: 1. The review and preparation of by-laws, contracts, transfers, leases, licences, agreements and other legal documents by which the City transacts its business and carries out its functions. 2. Providing legal advice to Council and departments on matters relating to City business and legal opinions on municipal and planning matters. 3. Representing the City in litigation and other court proceedings including by-law prosecutions. 4. Representing the City at heatings before the Ontario Municipal Board and other tribunals. 5. Acting for the City in property transactions including purchases, sales, easements, encroachments, leases and licences. 6. Taking all necessary steps under the Expropriations Act to acquire properties as may be required by the City. Acting for the City in obtaining all road widenings, daylighting triangles; permanently closing and sale of roads. 7. Providing title and related information to City departments for various purposes including by-law prosecutions, tax sales, service easements, construction liens and contracts. 8. Acting for the City in labour matters, including resolution of grievances and representing the City at Arbitration Hearings. 9. Advising the City with respect to employment matters and human rights matters. 10. Preparing subdivision, site plan and other development agreements and having same executed and registered and responsible for the delivery of securities, postponements and certificates of insurance. 11. Preparing construction contract agreements including the execution of same and dealing with the successful tenderer in obtaining Certificates of Insurance, Performance Bonds, Labour and Material Payment Bonds and Clearance Certificates from the Workplace Safety & Insurance Board. 12. Acting for the City with respect to requests for information and Appeals under the Municipal Freedom of Information and Protection of Privacy Act. 13. Receiving all claims for property damage and personal injury made against the City or a contractor under a contract with the City and reviewing same and working with the City's insurance adjusters to conduct a full investigation and negotiating settlement. 14. Responsible for researching, negotiating and recommending the renewals of all of the City's general comprehensive liability insurance policies and all other related insurance policies to fully protect the City. CORPORATE SERVICES DATE EFFECTED POLICY: January 1, 1976 LEGAL SERVICES Disposal of City owned land DATE OF REVISION including public highways October 4, 2004 Section 600.02 The procedure governing the sale o£ city-owned land ("land"), including public highways by The Corporation o£the City of Niagara Falls ("City") is candied out in accordance with by-laws passed in that regard and any amendments or successor by-laws thereto and pursuant to the procedures prescribed in the Municipal Act, 2001 (the "Act") and regulations thereto. 1. A request by a proposed purchaser to purchase land must be made as follows: (a) In writing, or by way of an Offer to Purchase open for acceptance for thirty days; and (b) With a deposit in the amount often percent of the purchase price. 2. City divisions are contacted and asked if the Land is required for municipal purposes or if it is surplus to the needs of the City. 3. If the land is determined by staff to be required for City purposes, the proposed purchaser will be advised, in writing, that staff cannot recommend to Council the disposal of the land. 4. If the land is determined by staff to be surplus it may be recommended to Council that the land be declared surplus and sold. It will be at Council's discretion to determine as to how the land will be sold. Council may sell the land by any of the following methods: (a) direct sale; (b) public tender; (c) land exchange; (d) call for proposal; (e) public auction; (f) listing with a real estate agent; or by any combination of the above. Nothing shall fetter the absolute discretion of Council to retain the land or to sell the land, on such terms and conditions as may be fixed by Council, to whomever Council wishes, regardless of whether the sale is to the person who may or may not have presented the highest or best offer. 5. If the land to be sold is a public highway, the following steps must take place prior to declaring the land surplus: (a) A report to Council requesting to commence proceedings to permanently close the public highway; (b) Notice of permanently closing the public highway be given to the public in accordance with paragraph 9; (¢) Pass a by-law to permanently close the public highway; and (d) Register the by-law on title. 6. Pass a by-law or resolution to declare the land to be surplus. 7. Once the proposed purchaser has been determined, it will be necessary to obtain at least one appraisal from a qualified land appraiser of the fair market value of the land, save and except the classes of land from time to time exempted bythe Act or regulations. The cost of the appraisal will be at the expense of the proposed purchaser, unless otherwise determined by Council. 8. Search title to land and order a reference plan, if necessary. The cost of searching and obtaining a reference plan will be at the expense of the proposed purchaser, unless otherwise determined by Council. 9. Give notice to the public of the proposed sale of the land. Where notice is required to be given under the Act for a public meeting or the passage of a by-law, except otherwise provided in the Act, the notice shall include the following: (a) the date, time and location of the public meeting; (b) a brief explanation of the purpose of the public meeting or the passage of the by-law; and (c) if applicable, the name of a contact person who could provide more information regarding the proposed public meeting or the proposed by-law. The public meeting shall not be held or the by-law shall not be passed less than six days after the requirements for giving notice have been complied with and any person who attends the meeting shall be given the opportunity to make representation. Notice shall be given in compliance with clauses (a), (b) and (c) but need not be given in compliance with more than one of theses clauses: (a) publication in a newspaper that, in the opinion of the City Clerk, is of sufficiently general circulation in the municipality that it would give the public reasonable notice of the public meeting or passage of the by-law; (b) by by-law or resolution passed by Council at a Council meeting held prior to the Council meeting at which the public meeting will be held or the by-law passed; or (c) by listing the public meeting or the passage of the by-law on the Council agenda at a Council meeting held prior to the Council meeting at which the public meeting will be held or the by-law passed. 10. Legal Services will proceed in all phases of the sale of the land on behalf of the City including preparation and review of Offers to Purchase, Agreements of Purchase and Sale and Counter Offers. 11. If necessary, Legal Services will perform searches such as corporate searches, personal property security searches, execution searches, Building and Zoning By-law compliance, certificates of status, tax certificate searches, unregistered Hydro easement searches, environmental compliances and determine if any services exist on the property (i.e. Municipal Works, Enbridge, Bell Canada, Hydro-One, Ontario Power Generation, the Region or Cogeco Cable). 12. Legal Services will respond to inquiries regarding requisition letters, preparation of any and all supporting documentation, including but not limited to Statement of Adjustments, Undertakings, Directions, Acknowledgments, Transfer/Deed of Land, Declaration of Possession, easements and fights-of-ways. 13. Legal Services will respond to inquiries regarding the land, conduct search of title at the Registry Office or via Teraview, identify particular problems on title and rectify same, co- ordinate surveys, appraisals and reference plans. 14. Legal Services will attend upon closing of the sale of the land and registration in the Land Registry Office or Land Titles Office or through Teraview. CORPORATE SERVICES DATE EFFECTED POLICY: January 1, 1976 LEGAL SERVICES Encroachment of a DATE OF REVISION building, structure or sign October 4, 2004 over or upon a public highway or over or upon City owned lands Section 600.03 Encroachments or the continuation of an encroachment of a building, structure or sign over or upon a public highway or over or upon City owned lands may be permitted upon satisfactory fulfillment of the following conditions: (a) Obtaining consent from Council for the encroachment; (b) Payment to Legal Services to cover the cost of preparation of the Encroachment Agreement, searching of the title and registration of the Encroachment Agreement including all disbursements; (c) Payment to cover the cost of a reference plan in order to register the Encroachment Agreement on title; (d) Plan of Survey prepared by an O.L.S., if available, showing the building or sign and the encroachment; (e) Take out and keep in fome comprehensive general liability insurance against claims for personal injury, death or property damage resulting from any accident or occurrence and provide a Certificate of Insurance setting out the essential terms and conditions of insurance, in the form and content of which shall be satisfactory to the City Solicitor and naming the City as an additional insured. Such policy shall be kept in full force and effect and shall comply with the following provisions: (i) the minimum limit shall be $2,000,000.00 all inclusive for property damage and personal liability; and (ii) the premium must be paid initially for a period of one year and the policy shall be renewed for further one year periods; and (i') Payment of an annual fee to permit the encroachment as set by the City from time to time. CORPORATE SERVICES DATE EFFECTED POLICY: October 4, 2004 LEGAL SERVICES Insurance Claims Section 600.04 Personal and property claims must be made by putting the City of Niagara Falls on notice by filing a claim in writing and sending it by registered mail, facsimile transmission, e-mail or delivering it personally to Legal Services. Thc notice must set out the following information: (a) Claimant's name; (b) Claimant's address; (c) Claimant's phone number; (d) How many people were involved in the incident? (c) When did thc particular incident occur? (date and time); (f) Where did the particular incident happen? (i.e. address or location); (g) Particulars of what happened, setting out a brief description of the event; and (h) What are the out-of-pocket expenses? (i.e. receipts). Note: A claim that involves a street or sidewalk must be filed within ten days from the date of the incident in accordance with the above. Legal Services will consider, evaluate and review all claims filed on the basis of the Canadian Legal principles and in accordance with all applicable limitation periods and when appropriate forward any claims to the City's Insurance Adjusters for processing. CORPORATE SERVICES DATE EFFECTED POLICY: October 4, 2004 LEGAL SERVICES Release of Information or Records Section 600.05 The procedure governing the release of information or records is carried out pursuant to the procedures prescribed in the Municipal Freedom of lnformation and Protection of Privacy Act (the "Act"). A request for information or records must be made in writing by sending it by ordinary mail or delivering it personally to Legal Services. The request must set out the following information: (a) Requester's name; (b) Requester's address; (c) Requester's telephone number; (d) Particulars in detail of what information is being requested; and (e) Enclosing a fee of $5.00 by way of cash, certified cheque or money order to initiate process. Prior to any information or record being released, the Requester must pay a fee of $30.00 per hour or part thereof for the time spent searching for the information or records, plus any charge for photocopying at .20 per page or any invoices from outside agencies received for obtaining the information or records. Such information or records or parts thereof shall only be released in accordance with the Act. I CORPORATE SERVICES DATE EFFECTED POLICY: I October 4, 2004 LEGAL SERVICES Site Plans Section 600.06 Building permits will not be issued prior to the registration of a Site Plan Agreement. Site Plan Agreements are prepared by Legal Services upon compliance with the following conditions: (a) Upon submitting an Application for Site Plan Approval to Planning & Development Services and obtaining approval from the Director of Planning & Development of the site plan drawings and in accordance with the policy with respect to same as set out by Planning & Development Services; (b) Payment to Legal Services to cover the fee for preparation of the Site Plan Agreement; (c) Obtain and register such documentation from any mortgagees or encumbrancers as may be deemed necessary by the City to postpone and subordinate their interests in the lands to the interest of the City to the extent that the Site Plan Agreement shall take effect and have priority as if it had been executed and registered prior to the execution and registration of the documents of the mortgagees and encumbrancers; (d) Obtain and register Discharges or Partial Discharges of any mortgages or encumbrances registered against the lands where the City requires title free and clear of all mortgages and encumbrances; (e) Submitting Letters of Credit as required in form and content satisfactory to the City Solicitor; (f) Provide Solicitor's Certificate; and (g) Payment of all registration charges. Community Services Department MW-2004.146 The City of Municipal Works Ed Dujlovic Niogoro Fa,slJl~lt43'° Queen Street Director Can---- p.o. Box 1023 Niagara Falls, ON L2E 6X5 ~-l~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih edujlovi@city, niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MlV-2004-146 Contract 2004-138-04 Asphalt Pathways & Victoria Avenue Sidewalk Extension RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, September 14, 2004 at 1:30 p.m. for the above noted contract. Tenders were picked up by six (6) Contractors and four (4) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the four (4) Contractors. 1. Norjohn Limited (Thorold) $ 83,000.00 2. Rankin Constmction (St. Catharines) $ 89,141.00 3. Steed & Evans Limited (Thorold) $ 95,625.00 4. Circle P Paving (Stevensville) $102,235.00 Working Together to Serve Our Community Municipal Works · Fire Se/vices · Parks, Recreation 8, Culture · Business Development · Building & By-Law Services October 4, 2004 - 2 - MW-2004-146 The lowest tender was received from Norjohn Limited, in the amount of $ 83,000.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $ 60,000.00. Project Costs: Awarded Contract ' $ 83,000.00 Net GST 3% $ 2,490.00 TOTAL $ 85,490.00 Funding: 2004 Capital Projects Budget Account No. 12-3-310000-030000 "R6" $ 63,126.00 Victoria BIA Cost $ 22,874.00 TOTAL $ 86,000.00 The asphalt pathways that are included in this contract are located on the following streets: · Fallsview Boulevard (east side), from Robinson Street to 120 m north of Murray Street · Main Street (west side), from Allendale Avenue to Stanley Avenue On May 31, 2004, Community Service Committee approved Report MW-2002-12 to widened the sidewalk in front of 5751 - 5763 Victoria Avenue to accommodate Hard Times Restaurant and Subway in installing sidewalk cafes. This work was included in the contract and based on the tender prices the cost to complete this work is $ 22,874.00. Since the present conditions of the sidewalks, curb and gutter, etc., are in good condition and the City has no plans for improvements in this area in the near future, these works will be considered "Out of Phase" and 100% of the cost will be borne by the Victoria Centre BIA. At the time of writing this report, a letter outlining the cost was sent to the Victoria Centre BIA for their review and approval. Staff is waiting for the BIA to provide a written response of their decision to include this work as part of the contract or not. If the BIA should wish to proceed with the work, a final cost will be established once the work is complete. An agreement will be prepared between the Victoria Centre Business Improvement Area and the Corporation of The City of Niagara Falls outlining the same repayment period as with the widening of the sidewalk on the northwest side of Victoria Avenue between Walnut Street and Centre Street that was completed in 2002. October 4, 2004 - 3 - MW-2004-146 Council's concurrence with the recommendation made would be appreciated. P~,~)~/~~~J/~Respectfully submittedaid~~ Mike DiPaola John MacDon Project Manager dministrative Officer Approved b~: Ed Dujlovic, P.Eng. Director of Municipal Works S:~REPORTS~2004 ReportsWlW-2004-146 Asphalt Pathways & Victoria Avenue Sidewalk Extension.wpd Community Services Department R.2004-63 The Cify of ~l~ Parks, Recreation & Culture Adele Kan Fo,s'--' - 434° Ouee. Street Niagara P.O. Box 1023 Con~~ Niagara Falls, ON L2E 6X5 ~-~ web site: ~.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon~city.niagarafalls.on .ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-63 - Request for Willoughby Township Signage RECOMMENDATION: That Council support the request made by the Willoughby Historical Society to have the Region install at their cost, two (2) identification signs on Sodom Road (City of Niagara Falls, Willoughby Township). BACKGROUND: A letter was received from the Willoughby Historical Society requesting support of their centennial project to have two (2) signs erected on Sodom Road identifying Willoughby Township. The matter was referred to staff. As Sodom Road is a Regional Road, the matter was in turn referred to the Region. As the attached letter indicates, the Region does not support their request. However, they will reconsider the matter if City Council supports the initiative. A similar sign identifying Chippawa (see attached) currently exists on Sodom Road (City of Niagara Falls, Chippawa). Adele Kon '~~ Jo~~ Ma~ ~'~d~RespectfullYDonaSUbmitted: Director of Parks, Recreation & Culture ~ Chief Administrative Officer AK~das Attachments Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services RECEIVED April 16. ~ Ma),or Ted Salci and Ci~ ~unc~ City ~H ~I0 Qucc~ S~c~ N~pra Fa~ Omario [,~E 2K9 We. tl~c members of Willoughby Historical Society. strongly r~ucst since it is Niagara Falls' 100~ Anniversary this year. that ccmln signs bc rejected catering Willoughb), Township st ca~ cad of Sodom Rind where thc)' originsHy were up to 19Y0. Whcn Nisg~a Fal/s amalgamated with Willoughby Township. t~ro {2) signs were ~cmm~l which said 'Wdcom¢ m Willoughby Township'. These mo {2) signs,one vas situated approximately near Wcavcr Road and thc second sign vas at Snydcr coming towards Niagara Falls on Sodom Road. Wc klicvc d~at these signs wcrc taken down perhaps for souvcairs. As we don't want to loose our Willoughby Heritage. we are asking City Council if it would be possible to have thcg two (2) signs re-erected stating as follows: ' CITY OF NIAGARA F,~I.I$ WILLOUGHBY TWP.' ~hc WILLOUGHBY nunc still exists throughout thc community fo! example: Willoughby Volunteer l~irc Dcpsrtmcat Willoughby Fitc Department Women's Auxilhr), Willot~ghby Historical Mu.scum WillonShb), Historical Society Willoughby OniJtcrs Willoughby Community Centre whi& is ~. heritage building Tl~ere wcrc four (4) Willoughby Sdsools that w~e converted into houses. Thc Willoughby Historical Museum Being one and a strcct named Willoughby Drive. We arc not sore if this SODOM Road is under thg ~orisdJctiou of thc City of Niagara Falh or thc Region. If it is operated by thc Region. would it be possible for thc City of Niagara Fal~s to contact thc Region and make out t,cqucst known. Yours $inccrcly. Marie E. Henry. Sccteary of tl~e Willoughby Community Services Department The City of jl~( Parks, Recreation & Culture Adele Eon Niagara Falls yJ ~ 7565 kundy's Lane Director · Niagara Falls, ON L2H 1G9 CQn~~~' web ~ite: www.city.niagarafalls.on,ca .~11~v- I ~ Tel.: {905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca August 31, 2004 Regional Municipality of Niagara Mr. Joe Cousins Director of Transportation Services 2201 St. David's Road P.O. Box 1042 ~[horold, ON L2V 4T7 Dear Mr. Cousins: The purpose of my letter is to request your assistance in having two (2) signs installed on Sodom Road. At a City Council meeting this past spring, a letter from the Willoughby Mnseum volunteers was referred to staff. The volunteers requested that two (2) signs signifying Willoughby Township (City of Niagara Falls) be installed. These would be similar to the blue and white signs identifying Chippawa. The volunteers would like the signs installed this year as a City Centennial project. The suggested locations on Sodom Road are as follows: · by Welland Road (anywhere past Betty's Restaurant-south bound); and · in the vicinity of Baker Road (north bound). Your assistance with this request would be greatly appreciated. Director of Parks, Recreation& Culture Ext. 4507 AKJdas ~ cc: Mr. Ed Dujlovic Director of Municipal Works S:~Heritage Issues\City Centennial 2004\Willougby signs on Sodom Aug 04.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation 8, Culture · Business Development · Building & By-Law Services NIA~A PUBLIC WORKS DEPARTMENT The Regional Municipality of Niagara Transportation Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4'1'7 Ms. Adele Kon Director of Parks, Recreation & Culture )-[~ SIC 0 § 20~ J-q/ City of Niagara Falls 7565 Lundy's Lane PARKS, RECREATION Niagara Falls, Ontario & CULTURE L2H 1G9 Dear Ms. Kon: Request for Willoughby Townshio Sienim, Your letter of August 31, 2004, addressed to Joe Cousins, has been referred to my attention. Currently, the Regional Municipality of Niagara's policy is to erect 3 types of municipal signage. This includes Regional Municipality of Niagara signs on Regional Roads crossing the Regional boundary, local municipality population signs and hamlet signs. The first two types of signs are obvious. The hamlet signs require more consideration and discretion, but are generally erected in the vicinity of known and identifiable hamlets that have been recognized by the local area municipality. The request for a sign signifying Willoughby Township appears to be entering into a new category, i.e. that of the local municipalities that existed prior to the amalgamation into the current 12 local area municipalities. Erecting the signs, as requested, would be establishing a new precedent that has not previously been supported by the Region. Furthermore, it is not clear fi.om your letter whether City Council supports this request, or was merely forwarded for consideration at the Regional level. At this time, the Region is not prepared to place the signage, as requested. If the City of Niagara Falls wishes to formerly support the request by the Willoughby Museum volunteers, then the matter can be reconsidered. Associate Director Transportation Operations RD/jh c: J. Cousins, Director Transportation Services Division B. Mclrmis, Supervisor of Permits Phone: (905) 685-1571 Fax: (905) 685-0013 1-800-263-7215 Website: www.regio.nal.niagara.o n.ca Sodom Road Community Services Department R-2004-64 The City of ~l~d Parks, Recreation & Culture Adele Ken FOiiSa.~ 4310 Queen Street Director Niogoro P.o. Box 1023 Corl~f Niagara Falls, ON L2E 6X5 ~111~~~' T.~ web site: www.city.niagarafaiJs.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon@city.niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-64 - Firemen's Park Youth Activity Area Landscape Development Tender TR 21-2004 RECOMMENDATION: It is recommended that Tender TR21-2004 for the landscape development of the Firemen's Park Youth Activity Area be awarded to Touchstone Site Contractor's Inc., of St. Catharines, for a total cost of $104,084.25 including taxes. BACKGROUND: Parks, Recreation & Culture staff, through the Supply & Services Section, issued a tender for the landscape works to construct the Firemen's Park Youth Activity Area. Proposed works include paved pathways, a hard surface basketball/play court, benches, storm drainage systems, planting, seeding and sodding. The creative playspace equipment will be supplied separately through a contract with Henderson Recreation Equipment Limited, which was approved by Council in Report R-2004~53. City staff has been working together with the Stamford Centre Volunteer Firemen's Association (SCVFA) to construct a Youth Activity Area at the upper part ofFiremen's Park, with visibility from Mountain Road and Dorchester Road. City staff prepared a Landscape Plan for this project which was approved by the SCVFA. Through the Supply and Services Section of the Clerk's Department, four (4) companies picked up the tenders and three (3) bids were received by the Clerk's Office. The tender opening occurred in the presence of the Manager of Supply & Services on Friday, September 17, 2004. The result of the bid process is presented as follows: Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 4, 2004 - 2 - R-2004-64 Contractor City Tender Bid Price (including taxes) 1. Touchstone Site Contractors Inc. St. Catharincs $104,084.25 (low bidder) 2. Peninsula Construction Inc. Fonthill $119,431.01 3. Stcvcnsville Lawn Service Stevensville $119,861.40 Financing: Funds for this project are included in the 2004 Capital Construction Budget. Council's approval of the above would be appreciated. ~ I Respect fully submitted~ ~l~l?f Claydon / bhn MacDonald Landscape Architectural Technologist [ ~,hiefAdministrative Officer Recommended b.!: ~ Adele Kon Director of Parks, Recreation & Culture JC/das S:\Council\Counci12004\R-2004-64 - Firemen's Park Youth Activity Area Landscape Development.wpd The City of Community Services Department R-2004-67 Niagara FallsJJ ,, llj, Can~ :~,~,. Parks, Recreation & Culture Adele Ken 4310 Queen Street Director ~~~"-l-- P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@cJty, niagarafalls.on.ca October 4, 2004 His Worship Mayor Ted Salci and Members of the Mtmicipal Council City of Niagara Falls, Ontario Members: Re: R-2004-67 - Actions Stemming from the Sports Wall of Fame Committee Meeting of September 8, 2004 RECOMMENDATION: That City Council approve a change in the Sports Wall of Fame Constitution dealing with Era's of recognition and the addition of the Gloria Sorley's Curling Team for recognition at the 2004 Sports Wall of Fame Induction Ceremony. BACKGROUND: Each year, the Sports Wall of Fame Committee reviews nominations and the Constitution. In the Constitution, there are three Eras which nominees must fall within to be accepted. The three Eras are: 1900- 1950 1951 - 1970 1971 - 1990 At a recent Committee meeting it was recommended that the three Era's be divided as follows: 1900-1970 1971-1990 1991 - Present Should the change to the Sports Wall of Fame Constitution be accepted by City Council, the Sports Wall of Fame Committee is honoured to submit by acclamation, the first Automatic Inductee to the 1991- Present Era: Gloria Sorley's Curling Team. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Oct. 4, 2004 - 2 - R-2004-67 Gloria Sorley and her team of curlers (Jackie Lococo, Lynne Coull and Marg Newton) won the Canadian Women's Master's Curling Championship in March 2003. The Sports Wall of Fame Committee respectfully requests your approval for the change to the Constitution and approval for Gloria Sorley's Curling Team to be inducted into the 2004 Sports Wall of Fame. Prepared by: Respectfully submitted: Lori Albanese [ John MacDonald Community Development Coordinator ~j Chief Administrative Officer Recommended by: Adele Kon Directo~ of Parks, Recreation & Culture LA/das S:\Council\Counci12004~R-2004-67 Actions Stemming fi.om SWOF.wpd Community Services Department R-2004.68 The Cig/of Parks, Recreation & Culture Adele Kan Falls ..~ 4310 Queen Street Director Niagara P.O. Box 1023 C(]n~~ Niagara Fails, 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 October 4, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-68 - Ontario Heritage Foundation Award and Armoury RECOMMENDATION: That Council approve the nomination selected by the Arts and Culture Committee for the Heritage Community Recognition Program and that the nomination be forwarded to the Ontario Heritage Foundation. BACKGROUND: The Heritage Community Recognition Program is in its ninth year and its purpose is to provide an opportunity for municipalities to recognize individuals who have made a significant contribution to local heritage preservation. The program provides five categories for recognition - built, cultural, natural, heritage garden conservation and lifetime heritage achievement. The specific guidelines are attached. Nomination forms were sent to all our heritage groups and a "Call for Nominations" was also placed in the Niagara Falls Review. Nominations were reviewed by members of the Arts and Culture Committee and they are requesting that Council support their nomination of Mr. John Burtniak under the cultural category. At their August meeting, the Arts and Culture Committee had a brief discussion about the Armoury and expressed their pleasure in the City acquiring ownership of the building. Following their discussion, they passed the following motion: It was moved by Winston Heron, seconded by John Harkness that a letter be forwarded to Council advising that the Arts and Culture Committee supported the City using the Armoury building as a heritage structure for community use. Motion Carried. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 4, 2004 - 2 - R-2004-68 Recommended by: Respectfully submitted: Adele Kon [ J~m MacDonald Director of Parks, Recreation & Culture [~hiefAdministrative Officer AK/das Attachments S:\Council\Counci12004~-2004-68 Ontario Heritage Foundation.wpd Heritage is everyfl6ng we have inherited, that ~ value and wish to premwe for fiature gnaeratians. · hands-on volunteer v~rk in presernag, restoring or re*cteanng a heritage garden based on tdstofical research It is a living legacy that helps us to understand our past, ptmides context for the present and influences the foture. · significant fimdraising to supgn~t the preservation, restoration or re-creation of a heritage garden · res~th or writing related to heritage gardens The Ontario Heritage Foundation's annual Heritage Community Recognition Program enables municipal and Lifetime Heritage Achiev~enc regional councils, First Nations and Mitis conmaunitles to recognize individuaL* and small project groups who (NOTE: individuals only) have made significant contributions to heritage preservation in their communities. ~l~ in .dMdual. wbu~ over the coupe of his/h~ li/tfme (a minh'num of 20 years), ha~ made exceptional a~con~burions to built, culttm~ md/or natural haimge or heritage garden conservanon Any resident of Ontario, over the age of I8, who has made outstanding volunteer contributions ia the/r local commtmity ia the a~ea of built, cultural or natural heritage presereadon or heritage gaxden consetwation is eligible HOW ~t~tE NOMINA?IOtMS SUBI41TT~D! for nomination. Nominatlous must be endorsed by the Clair, Mayor, Reeve,Waxde~ Clalef or Council President (or delegate) of a Heritage activities mu~t have been provided without payment Duties performed during the normal course of munidpal council regional cotmcil~ First Nations council or NIai* commtmity council. dected, professional or b~iaess work are not eligible for recognition. Posthtunous nominations are not eligible for A Council may submit a m~xmatwa of one nomiruaion in each of the five categories. recognition. Stuff and volunteers of commumty and h~itage o~nizations ate ideally ~ited to identify indMduals and sinai[ Small project groups may also be considered for r~mination ia the built, cultu~ natu~l and heritage g~den groups who are making exceptional contributions to h~itage presexvation in thek local are~ The Foundation ¢mcourages conservation e=regnries wbe~e the effort is shateck For exampl~ these organizations to contact their local Council with p~posed nominations. · a small steenng or ad-hoc committee responsible for a special project Endorsed nomimfions mt be submitted on the form provided, A derailed des~iption of the nominee and · co-authors of a local lmtory publication his/her achievements must be include& Additional mataial (public~tians, media stories, photographs, letters of · panners who have restated a heritage home reference) supporting the nomlnarion may be provided, please do not send originals of important or official documents, The entire mmabetship of an °vgarazation - for oampl~ Municipal Heritage Committee (formerly Local Axdaitectural as they will not be returned. Conservation Admoxy Committee} histotical met*/or the board of a consenmion authority - is not dig~"0k Individuals who have made exceptional conm'butions *o local hexltage ptesetwanon thtoaglmut their lifetime (a minimum HOW ARE THE RECIPIENTS SELECTED~ of 20 yeazs) ,my be nominated ia the Lifetime Heritage Adaewmcnt catagoty Ontario Hmtage Foundation staff will review all nominations to eusurc compliance with the pu:~cam guidelines. The following ~ ~?1~ of voi~cW ~cc~tie~ that qmlif~ The Fo.u&tion ~ notify th~ Coundi of the status of the n°mu~tior~ by n~ md ~ p~de c~rrificat~ ~d Built Heritage: ad~evement pins for the recipient. It is t~ t~sponsibillty of thc Coun~ to flame the c~r tificaces. The Foundation will · lead.hip in the restoration and preser, ation of heritage su'uctur~ for exampl~ bu~dlngs and bridges send out let~rs of cong~atularions to the tedpimm afar th~ Cotmc~ have be~ not~fi~& Coundls must notify the · long-standing vohsnm7 service as a member of a Municipal H~tage Co~ (formerly Local Foundation whm and whe~-e tbeir presentations will take pI.~ ce. Whene~r possible (if requ~ed), the Foundation w~l Architectural Conservation Ad~ory Cou~nime) or ocher oaganizadon dedicated to ?resetting smd a repr~ntadv¢ to the community to make thc i~esenUmon to the r~cipien(s} betitage suructu~s Cu]nu-al Heritage: Completed n°mmation packages must be submi~.d r~ Iamr than Tucsc~v. October ~2. 200~. if you are ~ubmkting · long-standing volunteer service to a histoticaI sodety, museum or historic site more than one nomination, plebe photocopy thc original blank form~ · research or writing teJa~ed to local history · voIuncacy reaching of local history or uaditions please s~ad compkted forms and support mat~riai to: , · psrsonal coaecnons of local art~cts, h~tage photographs or memorabilia that are shared with the commUmty Heelmge Community Rect~nitinn lh~gram · volunteer participation in activities or events that protect, preserve or promote First Natic3ns, M&is or Ontario Her~ Foundaticm Franco-Ontanan heritage ~ and Communications Unit Natural Heritage: I0 Adelaide Sm-et East, Suite 302, Toronto, Ontario MSC Ii'3 · significant volunteer woflc at a conservation authority or area · outstanding connlburions as a voltmtee~ board member of a local nauaral heritage otganiz~on Td: 416-325-$0I$ · demonsnmted I~detship ia the protec6on of natural heritagt for example, endange~I speoes habitam, rare Fa~ 416-314-0744 · sagnnqcant natural heritage conservation activities by private Iandowneas Web~it~ www. beritagefdmo~ca Aussi dlsponlble m frangais Description of Activities Mr. John Burmiak's 2003 donation of his Niagara Falls Art Collection, which consists of over 400 pieces, to the Niagara Falls Art Gallery provides the community with a significant cultural resource. This important heritage collection, which dates fxom the early 1700's to the 1950's, includes oil and watercolour paintings; pencil, pen and ink, and pastel drawings; prints composed of engravings, lithographs, aquatints serigraphs and etchings. Along with the works of art, Mr. Burtniak is also donating a comprehensive library of books, catalogues, and monographs that support the collection and will allow further research to be conducted into the art history of Niagara Falls. Mr. Burtniak began collecting Niagara Falls works of art in 1970 and, over the years, has systematically created an art historical overview of one of the leading cultural icons and landmarks in North America. Although he has donated a significant number of artworks to the Gallery, Mr. Burtniak continues to add to the Niagara Falls Art Collection thereby filling historical gaps and creating new avenues of acquisition. With such a substantial collection, the Niagara Falls Art Gallery will be able to offer ongoing permanent and temporary exhibitions of the John Bmmiak Niagara Collection to be supported by lectures, and research publications into the artistic heritage of Niagara Falls. aig~ Odds ? pho- mg in the eeo :ed 6'om ~era~ [er e ~,_ '. .../u Oa.es' has received its famed Wi~liam I(urelek cOilection ~ ,*~ ~ .-~ ~d ~sto~ ..,~.~ ;,. ~m~t ~d~ed ~,; ~ ~ .~, ~?~, r---~ ~U [ll~ ~ace s ~ea m a non-pubflc S~p~ ~e.~qng'r°[g°~ l~d- A · · · c~ a P ~ ~om a .~. Review St~.~ · ~ . ~ pubic - ~e F.n..~, .... n ~e en~onm ---.~.. o~.w~t~ is ~ted to ~ ~- ~,-v~uon avid ~ r~tlv e ~ F~L$ - For w ~et ~b~hon ~S ~ ~ lot of ~e~ p~ ha~ .?~me~mg H~ ~ sore -- --' ;!e~, $myls~ ~ ~ea _a.~ .. d~t~:~e, s Though it boasts .~ ~ off P~s ~ --.~colo~ and ~ ~ co~o- pp d mto,~e na~ wn.a. ~ ~ old boo~ ~d--- ~ g . Ifelt~t~as~nt ~ . ~ator for ~e , t ' ~ ~ not loo~ ;~'.~Y ~ L~e ~odc~ M~m ..B~ ~acked do~ ~ ~ ~s co~dn as my amused ~ ~p~slve .~. ' me ong~ p~s ~ .,.~. ~' ~ow peopl~ have donat~ :~'Ista?anewhome. ~" m~tageNiag~F~wo~ C~myis~ 'tfeesl~e~eay ~0~n~to s~e ~e KU~lek~o~e~ zne colle~on Is fasC~afi~ ~ its ~ -- .~:,~nere's ~e Nxag~ F~s aH?,~, -s ~ one shot, ~e gaHe~ recdved Be ' ~bout 300 of B~ s original