Loading...
2005/04/18COUNCIL MEETING Monday, April 18, 2005 Order of Business and Agenda Package PRAYER: Alderman Jim Diodati Family Literacy Dav COUNCIL MEETING April 18. 2005 ADOPTION OF MINUTES: Council Minutes of April 4'", 2004 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Ms. Donna Dagleish, Coordinator of the Ontario Early Years Centre Niagara Falls will address Council on the upcoming Family Literacy Day at Victoria Public Library. MAYOR'S REPORTS. ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Manager of Corporate Programs and Strategic Support Re: Proclamation for Doctor Appreciation Week requesting that the week of April 18-22 be proclaimed Doctor Appreciation Week. RECOMMENDATION: For the approval of Council. 2. The Rotary Club of Niagara Falls Sunrise Re: Recognition as a Community Festival requesting that Council pass a resolution recognizing the Rotary Club of Niagara Falls Sunrise "Ribfest". RECOMMENDATION: That Council approve the attached resolution. 1 2 3. Customs Excise Union Re: Canadian Border Patrol requesting Council's support for the establishment of a Canadian Border Patrol. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. CLERKS MATTERS LEGAL MATTERS REPORTS 1. Chief Administrative Officer CD- 2005 -07, Niagara Tunnel Project Re: the City's Noise By -law (2004 -105) The following by -laws must be read and approved before Council can proceed with the subsequent Legal reports. His Worship Mayor Salci will request whether there is anyone present that has an interest in the roads being closed and lands being sold. 2005 -58 A by -law to permanently close part of a highway. (Francis Avenue) 2005 -59 A by -law to permanently close part of a highway. (Ramsay Road) 1. Chief Administrative Officer L- 2005 -18, Declare Land Surplus Frances Avenue, Plan 109 and Block A 2. Chief Administrative Officer L- 2005 -16— Permanently Closing Part of Ramsey Road and Declaring Lands Surplus RATIFICATION OF "IN CAMERA" ACTIONS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) 3 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. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer 5. Chief Administrative Officer 6. Chief Administrative Officer 7. Chief Administrative Officer 8. Chief Administrative Officer 9. Chief Administrative Officer F- 2005 -15, Major Receivables Report MW- 2005 -29, 2005 143 -05, Morrison Street Watermain, Victoria Avenue to Erie Avenue MW- 2005 -30, 2005 139 -04, Morrison Street Watermain, Stanley Avenue to Victoria Avenue MW- 2005 -31, 2005 150 -05, 2005 Cathodic Protection of Watermains Program MW- 2005 -35, Tender for the Supply of Materials and Services for Pavement Markings Contract #2005 -06 (On- Street Application) Contract #2005 -07 (Parking Lots Other City Owned Lands) MW- 2005 -40, Update to By -law 89 -2000 as per 2004 Subdivision Agreement MW- 2005 -43, Consultant for McRae Stamford Streets Reconstruction FS- 2005 -02, Architectural Design for Fire Station #6 FS- 2005 -03, Pelmorex All Channel Alert x w -4 BY -LAWS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the by -law 2005 -60 A by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -61 A by -law to adopt a mark, symbol or design for The Corporation of the City of Niagara Falls. 2005 -62 A by -law to authorize the execution of an Agreement with The Pepsi Bottling Group (Canada), Co., dated April 4, 2005, respecting a licence to be the exclusive supplier of carbonated soft drinks and other beverage products for the City arenas. 2005 -63 A by -law 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. 2005 -64 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2005 -65 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the east side of Garner Road, north of McGarry Drive and west of Parkside Road. (AM- 12/2004, Garner Estates Phase 5) 2005 -66 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18 day of April, 2005. NEW BUSINESS Dean lorfida RE April 18th Page 1 From: "Dalgleish, Donna" <donna.dalgleish ©ncdsb.com> To: 'Dean lorfida' diorfida ©city.niagarafalls.on.ca> Date: 4/5/2005 9:48:53 AM Subject: RE: April 18th Hello Dean, Here is a description of the upcoming Family Literacy Day at the Victoria Public Library. A variety of community partners are working together to make this event a success. We would like to attend City Council on April 18/05 to invite the council members to attend. The Mayor is attending that day and will be announcing the winner of a tree. Who: This event appeals to young children and their families who enjoy reading and interactive activities. What: 2nd annual Niagara Falls Family Literacy Day theme is m'Grow a Reader, Nourish the Earth and aligns with Earth Day to promote thriving children in a healthy community. This is an interactive day of reading, storytelling, book crafts and entertainment to encourage early literacy and a love of reading. Come and experience Madame Buskerfly and see Franklin the Turtle. Children will be provided with a snack and a bag of fun and educational activities to take home. There will also be a chance to win a tree. The Mayor of Niagara Falls will be announcing the winner. When: Sat. April 23, 2005 10am 1 pm Where: Niagara Falls Public Library on Victoria Ave. Cost FREE The main sponsors for this event are: Early Years Niagara, Niagara Falls Public Library, Ontario Early Years Centre Niagara Falls, Literacy Link, Brighter Futures, Regional Niagara Children's Services, Speech Services Niagara and Healthy Living Niagara. Attached is a flyer of the event. Regards, Donna Dalgleish Coordinator Ontario Early Years Centre Niagara Falls 2999 Dorchester Road Niagara Falls, ON L2J 2Z9 Phone: 905 357 2398 Fax: 905 357 1288 Visit us at: http:// www .ontarioearlyyears.ca /oeyc /en /Location /Niagara /N iagaraFalls /centre s.htm Saturday, April 23rd Jr ;:a Iti acy Day Activities for families with children from birth to age 8! Niagara Falls Public Library 4848 Victoria Ave. (at Morrison) Meet Franklin the Turtle Bring your camera! Creative Activities Storytelling Literacy I Niagara Q Ontario E.r y Ye.n P the enlance bi Interactive Play Program i For more information call the Ontario Early Years Centre at 905 357 -2398 1 0am 'I pm Kids Entertainment with the Amazing Madame Buskerfly ill Goodie Bags (while supplies last) Book Sale 1 Snacks Displays NiagaraW Region Dean Iorfida Proclamation for Doctor Appreciation Week April 18 to 22, 2005 From: Dale Morton To: Dean Iorfida Date: 4/5/2005 10:15 AM Subject: Proclamation for Doctor Appreciation Week April 18 to 22, 2005 Hi Dean, Page 1 of 1 Could you please put this on the agenda for Monday April 18th? Is there anything else you need from me for this? Thanks, Dale file: /C:\ Documents% 20and% 20Settings \Administrator\Local %20Settings \Temp \GW 0000... 4/7/2005 Proclamation Whereas the City of Niagara Falls is fortunate to have a group of highly skilled and caring physicians; and Whereas this distinguished group provides compassion and quality health care to the local community; and Whereas Doctor Appreciation Week provides an opportunity for the residents of Niagara Falls to reflect upon the dedication and care provided by our local physicians. Therefore, I, Ted Salci, Mayor of the City of Niagara Falls, on behalf of Niagara Falls City Council do hereby proclaim that the week of April 18 April 22n be observed as "Doctor Appreciation Week 1 further encourage all citizens to take the time to show their appreciation to their personal physicians during this week. Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Date: April 18, 2005 Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Special Occasion Permit The Rotary Club of Niagara Falls Sunrise is planning a Ribfest for June 17 19, 2005 at Optimist Club. To receive a Special Occasion Liquor Licence from the A.G.C.O., the Rotary requires Council to pass a resolution recognizing their event as a "Community Festival" Therefore, it is respectfully recommended that Council approve the attached resolution. Community Festival (Sale) The event must be designated as a Community Festival by a resolution of the municipal council or a delegated municipal official and are to be conducted by a charity, non -profit corporation, organization or association for the advancement of charitable, educational, religious or community objects. The permit must include a letter from the municipal council, the municipal clerk or delegated official designating the event as a Community Festival (applicants for Community Festivals are the same as for Fundraising events). Working Together to Serve Our Community The City of Niagara Falb Canad� Raymond J. Matthews, O.L.S. (Reo) Andrew Cameron, PEng., O.L.S. Allan J. Heywood, O.LS. Albert Nickel (Office Manager) City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mr. Dean Iorfida Dear Sir: Please consider this letter as a formal petition from the Rotary Club of Niagara Falls Sunrise. We would request that the Council of the Corporation of the City of Niagara Falls adopt a resolution to recognize this year's "Rotary Ribfest" as a designated "Community Festival This year's show dates are June 17, 18 and 19, 2005. We would also take this opportunity to invite all the City Alderman and City staff to visit "Rotary Ribfest I have enclosed a copy of our "Ribfest" brochure for your information. Yours truly, Rot Club of Niagara Falls nrise ew Cameron, P.Eng., O.LS. "Rotary Ribfest" Committee Member AC /ddb Enclosures MATTHEWS, CAMERON, HEYWOOD r 0 6LWA R C,, URVEYING LTD. ONTARIO LAND SURVEYORS PROFESSIONAL ENGINEERS Offices at Niagara Falls St. Catharines Notes Records of R. Blake Erwin, O.L.S., P.Eng., Robert H. Funk, O.L.S., P.Eng., Thomas G. Cahill, O.L.S. January 27, 2005 ON REPLY PLEASE QUOTE FILE NO. PLEASE REPLY TO: 5233 STANLEY AVE., UNIT #1 NIAGARA FALLS ONTARIO L2E 7C2 905- 358 -3693 TELEPHONE 905- 358 -6224 FAX The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS the Rotary Club of Niagara Falls Sunrise is planning their inaugural "Ribfest" from June 17` 19 2005 at the Optimist Club; and WHEREAS the Rotary Club of Niagara Falls Sunrise financially supports numerous community organizations and projects; and WHEREAS this event is expected to attract between 40,000 to 75,000 persons from throughout Ontario and Westem New York; and WHEREAS this event will assist the Rotary Club in reaching their financial objectives for giving funds to the community and for international projects. THEREFORE BE IT RESOLVED that the Rotary Club of Niagara Falls Sunrise Ribfest is a community event deserving of City Council support. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CUSTOMS EXCISE l UNION DOUANES Me ACCISE HERE FOR YOU A VOTRE SERVICE 1741 PROM. W OOD WARD DR. OTTAWA, ON K2C OP9 (613) 723 -8008 FAX 723 -7895 www.ceutla.psac. tom Convention Congres t Ottawa 2 O O 5 To: All municipalities, villages, towns, and cities along Canada's border with the United States From: The Customs Excise Union Douanes Accise Date: March 18, 2005 RE: Requesting Your Support for a Canadian Border Patrol The Customs Excise Union Douanes Accise (CEUDA) represents the more than 5,000 Customs Officers from coast to coast in Canada, which includes the uniformed Officers working on the front lines, as well as the Investigation, Intelligence, and Trade Customs Officers. CEUDA has recently launched a campaign that calls on our Federal Government to establish a Canadian Border Patrol. As you may know, Canada does not currently have such a Patrol. Patrolling the border is a mandate our Federal Government has given to the RCMP but the RCMP Commissioner, Mr. Zaccardelli, recently declared during a Parliamentary Justice Committee proceeding that he is unable to deliver according to mandate. In fact, in late 2004, Mr. Zaccardelli decided to close nine RCMP Detachments stationed in Quebec communities along the Canada /U.S. border. Mayors of Quebec communities affected by the closures denounced the situation during the same Parliamentary Committee proceeding, citing public (North American) security, weapons smuggling and the Canadian cannabis trade as some of the major border problems. In spite of the mayors' interventions and a recommendation by the Justice Committee to keep these Detachments open, the closures nevertheless took place. A similar conflict took place in Ontario during the late 1990's when the RCMP closed Detachments in that Province. Canadian law currently states that Customs Officers only have jurisdiction at ports of entry in Canada; they do not work along the border between ports -of -entry as does the US Border Patrol. While Canada's RCMP does play a role on International Border Enforcement Teams (IBETs), IBETs are intelligence driven, not field driven, which means Canada essentially dedicates no resources to act as its eyes and ears on the ground at the border. The timing for this request is of the essence since the Bill that formally creates and sets the mandate of the new Canada Border Services Agency (CBSA) is currently in Parliament and we feel confident about amending it to give the CBSA a broader mandate so that it becomes responsible for enforcing the border between points of entry we believe that responsibility would need to be met by a Border Patrol. The purpose of this letter is thus to solicit your interest and support as we plea for the creation of a Canadian Border Patrol. We see your interests as being obvious in this matter given the very direct impact on the safety and security of constituents in your jurisdiction. The closure of RCMP Detachments along the border in Quebec has simply exacerbated what was already considered to be a border security crisis in Canada. Grow ops and the cannabis trade across our shared border are adding an additional layer of challenges to this crisis in that exporting cannabis is, or at least should be, as concerning for Canadians as it is for Americans who are working to impede its importation. .../2 2 We've taken the liberty of attaching the following for your perusal: 1 A letter recently addressed to the President of the Canada Border Services Agency, in which we ask him to establish a Border Patrol in Canada, and in which we provide various arguments in support. 2 A news article that appeared in the Montreal Gazette on Saturday, March 5, 2005, in which Mr. David Price, former Liberal Member of Parliament in Canada, expresses serious concerns about the growing cannabis trade along our shared border with the U.S. and the security problems posed by this trade on both sides of the border. 3 An advanced draft of a presentation we are finalizing and plan on making to members of our House of Commons Justice Committee on March 22, 2005, which captures the essence of why a Canadian Border Patrol is needed. 4 A Resolution adopted unanimously by City Council of the City of Coaticook, Quebec, supporting our call for a Border Patrol. 5 Two draft Resolutions for your consideration. While this letter and its attachments are being addressed to officials representing all communities in Canada along or near the border with the US, we are also reaching out to the Governors of all eleven States that touch the Canadian border, to Provincial Ministers of Municipal Affairs and Provincial Ministers of Public Safety and /or Security for all seven provinces that touch the US border, all Members of Legislative Assemblies in those seven Provinces, all Members of Parliament, and Police Associations. Your support is imperative to the success of this request. Should you be supportive of this initiative, we suggest that you please do the following, with the shortest delay possible and preferably no later than March 31, 2005, if at all probable? 1. Adopt and forward a Resolution to our National Office supporting our call for a Border Patrol, using the attached as guidance. Forward this Resolution to our National Office in Ottawa by fax at (613) 723 -7895, e-mail at lupieneWpsac.com or mail at 1741 Woodward Dr., Ottawa, ON K2C OP9. 2. Adopt and forward a Late Resolution to the Federation of Canadian Municipalities asking that during their June 2005 Convention FCM Delegates be asked to vote in favour or supporting our call for a Border Patrol. Forward this Resolution to Sylvie Delaquis, Executive Assistant, Resolutions Coordinator, at sdelaquis(afcm.ca, or by fax at (613) 241 -7440, or by mail at 24 Clarence St., Ottawa, ON KIN 5P3. We will bring all Resolutions received in our National Office to the immediate attention of Provincial Governments and the Government of Canada. Your support will go a long way to ensuring the Government of Canada does not casually dismiss our call. While the safety of our members who work at Canadian ports -of -entry remains our primary concern and motivation, we are also seriously concerned about North American public security, about border security in general, and about the criminal element that shows complete and wanton disregard for borders and the law. We are however deeply motivated since our members constantly remind us of how much more can be done to ensure we have stronger border security. Thank you in advance for your time and attention in this matter. We remain available to discuss this matter should you require additional information. We look forward to your response. Ron Moran National President Copy: CEUDA National Board of Directors HERE FOR YOU Ms. Ann MacLean President Federation of Canadian Municipalities 24 Clarence Street Ottawa, ON K1 N 5P3 Dear President, Ron Moran National President Copy: Provincial Municipal Association CEUDA National Board of Directors Customs Excise *Union -*Dominos 4Accise CEUD 1741 PROM. W000WARD DR. OTTAWA, ON K2C 0P9 013) 723 -8088 FAX 723 -7895 www.ceuda.psec.com A VOTRE SERVICE RE: Customs Excise Union Calls for a Border Patrol In Canada Covwen>t on Congrets Sep 30 Oct 2 ttaWa 1 oag March 15, 2005 We are writing to inform you that we will be corresponding by early next week at the latest with every municipality in Canada that is directly on or in close proximity to the US border; namely municipalities in New Brunswick, Quebec, Ontario, the three Prairie Provinces, and British Columbia that are situated along the border. We are writing your members because we are asking them to adopt a Resolution that would support our call to the Government of Canada to establish a Canadian Border Patrol in Canada. We ask that they send this Resolution back to our National Office after which we will present them to Provincial Governments, as well as to various Parliamentary Committees currently studying issues related to border security. Further, we're encouraging your members to submit to the FCM a Late Resolution that would ask Delegates at your June 2005 Convention in St. John's, Nfld., to support our call for a Canadian Border Patrol. Attached please find an advanced copy of the letter we will be sending to municipalities, together with its attachments. Rationales for a Border Patrol are best explained in what will be our March 22, 2005, presentation to the House of Commons Justice Committee, entitled: Border Security in Canada A crisis still waiting for a solution. Other than entertain Late Resolutions at its upcoming Convention, is there anything the FCM could do to support our call for a Canadian Border Patrol? Should you require additional information or have related questions, please do not hesitate to contact our offices as we will remain available to discuss and /or meet with you or with individuals delegated by you. Sincerely, Closing detachments a bad move: former MP Montreal Gazette Saturday, March 5, 2005 Page: A4 Section: News Byline' ELIZABETH THOMPSON Dateline: OTTAWA A plan to close several RCMP border detachments in Quebec risks helping marijuana grow operations lining the Canada -U.S border flourish, former Liberal MP David Price warned yesterday. "I think they will increase now," said Price, former MP for Compton Stanstead who specialized in defence and security issues in Parliament. "They've got a much more open window there. They know here's one whole RCMP pole that won't be watching what they are doing." Price's comments come in the wake of Thursday's tragedy that saw four RCMP officers killed in the line of duty following a raid on a marijuana growing operation in Alberta. They also come in the wake of an announcement by the RCMP that it is closing several small border detachments in order to concentrate its efforts on investigations. At times, U.S. authorities are more aware of grow operations on Canadian soil than are Canadian authorities, Price said. 'The Border Patrol on the other side is looking across. They see these operations. They see these grows because let's face it, they've got cameras, they've got overhead. They know what is going on. They used to be able to say to the RCMP we know there's a thing over there. Let's get together on this and stop it because it's coming across the border." Price doesn't buy the argument the SuretB du Quebec can fill the void left by the RCMP. "They've just taken over the municipal policing in all of those areas. They are stretched now. They are having a wicked time of it." Nor does the SQ have close ties to the U.S. border patrol, he said. "The Border Patrol don't really talk to the SQ. They talk to the RCMP, that's a national police force." Price said he supports decriminalizing marijuana, but says any move to legalize it could cause problems for border communities. Instead of having to deal with the problems caused by teenagers who can legally drink in Quebec but not in their home states, they could be faced with young people crossing the border in search of marijuana. ethom pson (Ca egazette. ca nwest. com (613) 751-3322 FOR IMMEDIATE RELEASE CUSTOMS EXCISE UNION at DOUANES ACCISE CEUDA HERE FOR YOU A VOTRE SERVICE 1741 PROM, WOODWARD DR. OTTAWA, ON K2C OP9 1613) 723 -8008 FAX 723-7895 www.ceutla.psac.com Convention Congres it Ottawa 20i 5 1,600 Vehicles Blew By Customs in 2004: CBSA; Customs Excise Union Calls for Border Patrol EMBARGO UNTIL 9 a.m., Tuesday, March 22, 2005 Ottawa There is a huge border security crisis in Canada. While 1,600 vehicles blew by ports last year and failed to report to Customs, more than 3,000 entered Canada illegally via just 2 of more than 200 unguarded roads. Ron Moran, National President of the Customs Excise Union Douanes Accise, representing 10,500 members, more than 5,000 of whom are Customs Officers that include uniformed Officers working on the front lines, as well as the Investigation, Intelligence, and Trade Customs Officers, says, "Without a border patrol and because police are strained enforcing security away from the border, we have no way of intercepting those vehicles or checking their passengers and what they're bringing into Canada. That is completely unacceptable." The closure of RCMP Detachments along the border in Ontario during the late 1990's and in southern Quebec in fall 2004 exacerbated this crisis. CEUDA endorses the position of municipalities that grow ops and the cannabis trade are adding an additional layer of challenges to this crisis in that exporting cannabis across our border should be as much a concern for Canadians as it is for Americans who are dealing with its importation. In her Feb 1, 2005, testimony to the House of Commons Sub Committee on Public Safety and National Security, Deputy Prime Minister Ann McLellan said a mere 18 vehicles were known to have blown the Lacolle border in one year, meaning their drivers did not stop to report to Customs but rather chose to proceed into the country illegally. In reality, our members counted no less than 17 vehicles during a three (3) week period in the month of December 2004 alone at this border crossing. At five (5) British Columbia border crossings, using another example, 26 vehicles blew by the ports without stopping during the week of February 7, 2005. Officials at the City of Stanstead, Quebec, inform us that the count is consistently well over 250 unidentified vehicles illegally entering Canada each month by using two (2) unguarded roads, namely Leeball Church Roads. RCMP Commissioner Zaccardelli told members of the House of Commons Justice Committee on Dec 9, 2004, that, while the RCMP has the mandate to patrol the border between ports of entry, the RCMP does not have enough resources to keep Detachments open and actively patrol the border in Quebec (or anywhere else). In Quebec and Ontario, neither the Quebec Provincial Police nor the Ontario Provincial Police have the mandate or jurisdiction to enforce border security and have in fact pulled resources away from the border. Mayors from Quebec southern border municipalities testified to this Committee about how they are facing serious problems related to border crime with no ability or resources to deal with them; we have no doubt other border Mayors from across Canada will echo that very same sentiment and we are in the progress of canvassing them all. .../2 2 Echoing concerns expressed by many mayors along the border, Moran says, "Canada needs eyes and ears on the ground on the front -line; we need people talking to the locals, learning about the routes used by people smugglers and drug traffickers, monitoring activities, and establishing and maintaining a presence, which all told amount to nothing less than creating a very strong deterrent." The Customs Excise Union Douanes Accise is calling for a Canadian Border Patrol. "From our perspective and while we continue to object to CBSA's 'working alone policy'," Moran adds, "a Border Patrol would go a long way in providing available backup and support for the 139 locations identified by CBSA along Canada's border where Canadian Customs Officers are working alone. Such a Patrol would also go a long way to ensuring unguarded roads are monitored without predictability, which would be an extremely strong deterrent against the criminal elements that use these roads with flagrant, wanton disregard for the law." Even Commissioner Zaccardelli recognized the importance of having a presence at the border when he appeared before the House of Commons Justice Committee on Dec 9. "You have to have a presence," he said on two occasions. His decisions, unfortunately, have run contradictory to this mantra since he chose to leverage resources away from the border by closing Detachments and centralize them in larger urban centres. Moran declares, "It's time Canada stopped ignoring its duty and responsibility to protect the Canada /U.S. border. We must stop depending on Americans to provide our border security. It's our border; we must therefore play a real, meaningful part. We have an obligation to do so." It is CEUDA's intention to appear before the Senate Committee on National Defence and Security once it begins studying Bill C -26, which creates the Canada Border Services Agency, identifies its mandate and delineates its authorities. CEUDA will seek the Committee's support to amend Bill C- 26 in a view to broaden CBSA's mandate so that it becomes responsible to enforce the border with a Border Patrol between ports of entry. Moran closes with, "Given the strong interest Senator Colin Kenny and his Committee have held on matters of national and border security since 9/11 and the many related reports they've issued, we're hopeful his Committee will exercise that sober second thought and support our request to amend C -26." 30 For more information, CEUDA: Ron Moran, National President, CEUDA, cell: (613) 677 -1090; office: (613) 723 -8008 Jean Pierre Fortin, 3r National Vice President, cell: (450) 357 -6684 Erik Lupien, Communications and Political Coordination, CEUDA, office: (613) 723 -8008 Sample resolution CEUDA is asking that each village, town, city, county, parish, municipality, along or in close proximity to the US border support and forward, as soon as possible, as a Late Resolution to the Canadian Federation of Municipalities for consideration by its Delegates during its Annual National Convention in June 2005 in St. John's, Nfld. Forward to Sylvie Delaquis, Executive Assistant, Resolutions Coordinator, at sdelaquis(ilfcm.ca, or by fax at (613) 241 -7440, or by mail at CFM, 24 Clarence St., Ottawa, ON K1 N 5P3. RESOLUTION REQUEST THAT THE CANADIAN FEDERATION OF MUNICIPALITIES SUPPORTS THE CUSTOMS EXCISE UNION BID ASKING THE GOVERNMENT OF CANADA TO CREATE A BORDER PATROL UNDER THE CANADA BORDER SERVICES AGENCY AND THAT THE NECESSARY RESOURCES BE PROVIDED SO THAT OUR COMMUNITY IS ADEQUATELY PROTECTED ALONG THE BORDER. WHEREAS border security in Canada is very important and not properly ensured; WHEREAS border security was once strictly a responsibility of Customs; WHEREAS responsibility for the border between points of entry was given to the RCMP in the 1930's and Customs retained responsibility at points of entry; WHEREAS the RCMP Commissioner has testified to the House of Commons Justice Committee on December 9, 2004, that the RCMP does not have enough resources to fulfill its mandate along the border, and is exclusively focused on gathering intelligence and investigating major cases; WHEREAS the RCMP cannot possibly be expected to satisfy a border patrol mandate because it also has to provide police response to other crises in communities; WHEREAS Customs is at the border already and has developed expertise on how to provide border security during its more than 100 years at the border; WHEREAS Customs has a border patrol expertise already established in that it operated what were called Flexible Response Teams during the late 1990's until the early 2000 years time at which the Government of Canada's funding of the Anti Smuggling Initiative ceased last year; WHEREAS Canada has in excess of 200 unguarded roads that can be used to enter Canada from the US; WHEREAS we know that there are hundreds of vehicles that enter Canada on any given month without reporting to Customs we don't know who is in those vehicles or what they carry; 2 WHEREAS the Canada Border Services Agency (CBSA) recorded over 1,600 vehicles entering Canada in 2004 and failing to report to a Customs office; WHEREAS there are 139 work locations on record in Canada where Customs Officers work alone and have little hope of receiving timely and adequate backup for assistance; WHEREAS Customs Officers have stopped calling police for backup in many locations across Canada because police response for backup has become next -to- non existent because of a lack of resources; WHEREAS border security is a federal responsibility; WHEREAS CBSA has an interpretation advising it the applicable rules of continuity for evidence would not stand in a court of law should a Customs Officer working alone arrest someone then proceed to deal with processing additional traffic that would arrive at the port rules dictate that one must keep an eye on the arrested individual at all times, without exception; WHEREAS meaningful border security is field- driven, hands on, and requires eyes and ears on the ground at the front -line, and is not merely intelligence- driven- from- large- urban centres -or- Ottawa; WHEREAS the cannabis trade between Canada and the US is becoming a major problem that, unless it is curbed, could significantly threaten our legitimate trading relationship with the US; WHEREAS a border patrol would have the capacity to both intervene as well as gather evidence and facts on the front -line as the eyes and ears on the ground and to then relate that information to proper authorities such as police and our partners in the US; WHEREAS a border patrol would only serve one master, the border, and be able to focus its entire resources at maintaining a secure border, providing rapid assistance to Customs Officers working alone, providing backup for Customs Officers, and guarding unguarded roads; WHEREAS every town, village, parish, county, municipality, and city situated on or in close proximity to the US border has a collective and vested interest to ensure border security is provided in a meaningful and enforceable way; BE IT RESOLVED THAT the Canadian Federation of Municipalities supports the Customs Excise Union Douanes Accise in its bid to have the Government of Canada give to the Canada Border Services Agency the first- response mandate to patrol the border between points of entry and working in partnership with the RCMP and other police forces, that latter of whom would act as the second response partner along the border at and between points of entry; and 3 BE IT FURTHER RESOLVED THAT the Canadian Federation of Municipalities supports that this first- response mandate must be delivered by way of a border patrol. (City, Municipality, Village, Parish, County, Town) of Date Signature Name Title Sample resolution CEUDA is asking that each village, town, city, county, municipality, and parish along or in close proximity to the US border support and forward, as soon as possible, to the CEUDA National Office in Ottawa by fax at (613) 723 -7895, e-mail at lupiene(a�psac.com, or mail at 1741 Woodward Dr., Ottawa, ON K2C OP9. PROVINCE OF RESOLUTION OF THE (City, Municipality, Village, Parish, County, Town) OF ADOPTED DURING THE MEETING OF RESOLUTION THAT THE (CITY, MUNICIPALITY, VILLAGE, PARISH, COUNTY, TOWN) OF SUPPORTS THE CUSTOMS EXCISE UNION BID ASKING THE GOVERNMENT OF CANADA TO CREATE A BORDER PATROL UNDER THE CANADA BORDER SERVICES AGENCY AND THAT THE NECESSARY RESOURCES BE PROVIDED SO THAT OUR COMMUNITY IS ADEQUATELY PROTECTED ALONG THE BORDER. RESOLUTION No MOVED BY SECONDED BY RESOLUTION WHEREAS border security in Canada is very important and not properly ensured; WHEREAS border security was once strictly a responsibility of Customs, WHEREAS responsibility for the border between points of entry was given to the RCMP in the 1930's and Customs retained responsibility at points of entry; WHEREAS the RCMP Commissioner has testified to the House of Commons Justice Committee on December 9, 2004, that the RCMP does not have enough resources to fulfill its mandate along the border, and is exclusively focused on gathering intelligence and investigating major cases; WHEREAS the RCMP cannot possibly be expected to satisfy a border patrol mandate because it also has to provide police response to other crises in communities; WHEREAS Customs is at the border already and has developed expertise on how to provide border security during its more than 100 years at the border; 2 WHEREAS Customs has a border patrol expertise already established in that it operated what were called Flexible Response Teams during the late 1990's until the early 2000 years time at which the Government of Canada's funding of the Anti Smuggling Initiative ceased last year; WHEREAS Canada has in excess of 200 unguarded roads that can be used to enter Canada from the US; WHEREAS we know that there are hundreds of vehicles that enter Canada on any given month without reporting to Customs we don't know who is in those vehicles or what they carry; WHEREAS the Canada Border Services Agency (CBSA) recorded over 1,600 vehicles entering Canada in 2004 and failing to report to a Customs office; WHEREAS there are 139 work locations on record in Canada where Customs Officers work alone and have little hope of receiving timely and adequate backup for assistance; WHEREAS Customs Officers have stopped calling police for backup in many locations across Canada because police response for backup has become next -to- non existent because of a lack of resources; WHEREAS border security is a federal responsibility; WHEREAS CBSA has an interpretation advising it the applicable rules of continuity for evidence would not stand in a court of law should a Customs Officer working alone arrest someone then proceed to deal with processing additional traffic that would arrive at the port rules dictate that one must keep an eye on the arrested individual at all times, without exception; WHEREAS meaningful border security is field- driven, hands on, and requires eyes and ears on the ground at the front -line, and is not merely intelligence- driven from large- urban centres -or- Ottawa; WHEREAS the cannabis trade between Canada and the US is becoming a major problem that, unless it is curbed, could significantly threaten our legitimate trading relationship with the US; WHEREAS a border patrol would have the capacity to both intervene as well as gather evidence and facts on the front -line as the eyes and ears on the ground and to then relate that information to proper authorities such as police and our partners in the US; WHEREAS a border patrol would only serve one master, the border, and be able to focus its entire resources at maintaining a secure border, providing rapid assistance to Customs Officers working alone, providing backup for Customs Officers, and guarding unguarded roads; 3 WHEREAS every town, village, parish, county, municipality, and city situated on or in close proximity to the US border has a collective and vested interest to ensure border security is provided in a meaningful and enforceable way; BE IT RESOLVED THAT the (City, Municipality, Village, Parish, County, Town) of supports the Customs Excise Union Douanes Accise in its bid to have the Government of Canada give to the Canada Border Services Agency the first response mandate to patrol the border between points of entry and working in partnership with the RCMP and other police forces, that latter of whom would act as the second response partner along the border at and between points of entry; and BE IT FURTHER RESOLVED THAT this first- response mandate must be delivered by way of a border patrol; BE IT FURTHER RESOLVED THAT Parliament amend Bill C -26, which creates the Canada Border Services Agency (CBSA) and establishes its mandate, so as to broaden CBSA's mandate and grant it authority and responsibility to have the first- response mandate between ports of entry. MOTION CARRIED (City, Municipality, Village, Parish, County, Town) of Date Signature Name Title Certified copy signed by Name Title Signature Date Alain Jolicoeur President CBSA 191 Laurier, 6th Floor Ottawa, Ontario K1A OL8 Customs Excise 9Union* Douanes*Accise CEUDA HERE FOR YOU 1741 PROM. WOODWARD DR. OTTAWA, ON K2C OP9 (613) 723-8008 FAX 723-7895 W W W.pauda.psac.00m RE: Establishing a Canadian Border Patrol Dear Mr. Jolicoeur, A VOTRE SERVICE Convention Congths Ottawa 20 March 3, 2005 As you know, although Customs once had a national border patrol to combat the illegal entry of people and goods between border points -of -entry, this responsibility was transferred to the RCMP during the 1930's and was, until recently, reduced to operate only in Quebec until that operation was itself disbanded during the spring of 2004. The RCMP's explanation for moving their border patrol personnel from Quebec border towns to Montreal was that they now wanted to accentuate their focus on combating organized -crime and gang- crime. However, all stakeholders know that the primary reason for this move is that Federal Anti Smuggling Initiative funding that had been in place since the 1990's has now stopped. In line with what we have advocated for the past two (2) decades, the Customs Excise Union Douanes Accise recommends that the Government of Canada pursue the establishment of a Canadian Customs /Immigration Border Patrol at this time. In fact, timing is such that it would easily appear to be the next logical step for the Government to take since the same Minister is now accountable for both the Immigration and Customs portfolios. Timing is also of the essence since this country does not currently have any form of border patrol which, simply put, means that Canada is not actively or proactively guarding its borders between points -of -entry. Oddly, it may surprise you to know our friends in the RCMP tell us hundreds of non identifiable vehicles enter Canada each month in Quebec alone, some blatantly running ports but most entering at unguarded roads where no Customs presence exists; these do not get intercepted. I say oddly because this brings great contrast with the impression you seem to have deliberately left with the House of Commons Sub Committee on Public Safety and National Security regarding the number of vehicles illegally entering the country without reporting to Customs. Our members frequently point out that police are no longer able or willing to respond to Customs requests for assistance at the border, even at busy border crossings as was recently confirmed during a series of "port running" incidences in Lacolle, Quebec. .../2 From a law enforcement point of view, the problem becomes worse at 139 identified Customs work sites across Canada where Customs Officers work alone. As you are now well aware, the law and arrest protocols dictate that an arrested individual must always be monitored by the arresting Customs Officer, until the former is handed over to police. This is undeniably impossible at one person ports where Customs Officers are obligated to continue processing other travellers and commercial traffic. We understand CBSA has obtained a legal opinion on this matter and that the opinion confirms this conundrum. As part of their duties, Customs /Immigration Border Patrol would provide emergency response assistance and support required by those Officers working alone by helping ensure continued monitoring of an arrested individual(s) until handed over to police while allowing other traffic to be processed. We know CBSA shares our concern and trust CBSA has no interest or intention of knowingly allowing individuals duly arrested to escape prosecution simply because it became impossible for the Customs Officer to sustain uninterrupted monitoring. Because assistance response times would be dramatically improved at all points -of -entry, establishing a Canadian Border Patrol would also help CBSA respect many of the recommendations in the Customs Officer Job Hazard Analysis made public in 2003 by the Honourable Eleanor Caplan, the Minister responsible for Customs at the time. In our view, the safety of CBSA employees must become the driving factor as the new CBSA forges ahead. With a Customs /Immigration Border Patrol, the RCMP could continue to focus its efforts on investigations, intelligence gathering, and on organized /gang crime, while CBSA would ensure border security exists between border crossings and at the points -of entry. Further, while incalculable, the deterrent effect a Canadian Border Patrol would have in discouraging illegal entries, crime and smuggling would be phenomenal. We ask that this proposal be duly reviewed and considered on its merit, and will remain fully available to further discuss it further with CBSA officials. Sincerely, Ron Moran National President Copy: The Honourable Anne McLellan CEUDA National Board of Directors -2- Introduction Background CUSTOMS EXCISE UNION DOUANES ACCISE CEUDA HERE FOR YOU A VOTRE SERVICE 1741 PROM. WOODWARD DR. OTTAWA. ON K2C OP9 (613) 723 -8008 FAX 723 -7895 www.ceuda.psac.com Border Security in Canada A crisis still waiting for a solution Convention Congres Ottawa 0 0 5 Mr. Chairman, members of the Committee, with your permission I will make a presentation and then invite my colleague, the President of the Quebec RCMP Officers' Association, Mr. Delisle, who has gladly agreed to join us here today, to make a statement. We will then be pleased to address your questions and hear your comments. We are here for a discussion on border security and, more precisely, the lack of it, and then to propose a solution we believe is long overdue. This is a very important issue for us and the thousands of members we represent. As an organization, we have given the matter serious attention over the past several years, and are resolved to continue doing so until we witness a reversal of what we deem to be dangerous trends. These trends include ignored security shortcomings, systematically taking funding and resources away from the field to inject them into an over inflated Ottawa bureaucracy, as well as the systematic reliance on untested and expensive technology. The result has perpetuated a weakened state of security at and between Canada's points -of -entry. In late 2004, after what he called eight years of consultation in the province of Quebec, RCMP Commissioner Zaccadelli decided it was finally time to proceed, he closed nine RCMP Detachments stationed in communities along the Canada /U.S. border in Quebec. A coalition of nine Quebec mayors, the Quebec RCMP Officers' Association, this Union, media, and members of this Committee to name a few opposed the closures then and continue to do so today. To our delight, your Committee studied the matter, hearing testimony from various witnesses on December 7 and 9, 2004, the outcome of which was your Report #4, presented in the House of Commons on December 10, recommending the government keep open the nine Detachments and maintain or return to them a critical mass of Officers. Unfortunately, the Detachments were closed without consideration or respect for your recommendation, and what our Union has believed for a long time was once again stunningly reinforced through these developments: the bureaucracy, not Parliament, runs the show. That said and despite our cynicism, we remain somewhat hopeful about the future and the possibility that change is possible, hence our appearance before you. T .../2 Today 2 When we learned last year that the RCMP was closing nine Detachments along Quebec's Canada /U.S. border, we were quite stunned given the development radically contradicted post -9/11 efforts by the Federal Government to reassure Canadians, to announce to Americans, and to warn the criminal element that it was investing heavily in border security. Apparently $8 billion has been committed. If anything, we should have expected the opening of RCMP Offices along the border in many parts of the country, not closures. But that reaction was pale in comparison to how shocked we were when, subsequent to making numerous enquiries, we learned Quebec was the only and last Province in Canada to have a police force actually engaged in some form of border patrol. We contacted dozens of sources and, collectively, they painted a disturbingly bleak portrait about border security or the lack thereof between Canadian ports of entry. Other than Customs Officers at some not all ports of entry into Canada, Canada does not have personnel actively guarding our border. Simply put, we don't have a border patrol in Canada or anything close to it and, admittedly, the RCMP isn't doing that job even if it has a mandate to do so. The war on terrorism to borrow a phrase from the Americans and our fight to protect our borders are not going to be won merely with intelligence gathering and the granting of contracts for expensive technological equipment. To paraphrase Mr. Menard when he spoke to Mr. Zaccardelli during the Committee's December 9, 2004, hearing, Canada needs eyes and ears on the ground, on the frontline, we need people talking to the locals, learning about the routes used by people smugglers and drug traffickers, monitoring activities, establishing and maintaining a presence, which all told amount to nothing less than creating a very strong deterrent. Canada's geography includes four great lakes in southern Ontario, and two relatively large lakes in southern Quebec. While the need for ground personnel isn't as predominant in Ontario, ground resources need to be deployed across the 49th parallel of B.C. and the Prairies, along Quebec's southern border, and along New Brunswick's western border. Ontario and Quebec require a marine deployment so as to be present on the water and in local marinas. This is not about having people lined -up shoulder -to- shoulder along an 8,900 km stretch of land and waiting for someone to cross the line; it's about having a presence, proactively patrolling, engaging people, and actually enforcing border security. Commissioner Zaccardelli told you on December 9 that, while the RCMP has the mandate to patrol the border between ports of entry, the RCMP does not have enough resources to keep Detachments open and actively patrol the border in Quebec (or anywhere else). In Quebec and Ontario, neither the Quebec Provincial Police nor the Ontario Provincial Police have the mandate or jurisdiction to enforce border security and have in fact pulled resources away from the border. Mayors from Quebec southern border municipalities testified to this Committee about how they are facing serious problems related to border crime with no ability or resources to deal with them; we have no doubt other border Mayors from across Canada will echo that very same sentiment and we are in the progress of canvassing them all. .../3 3 There is a huge border security crisis in Canada. The closure of the nine RCMP Detachments in Quebec has simply brought the issue to the forefront and exacerbated that crisis. Further, grow ops and the cannabis trade are adding an additional layer of challenges to this crisis in that exporting cannabis across our border should as much a concern for us as it is for Americans who are dealing with its importation. We recently read the February 1, 2005, testimony from the Deputy Prime Minister, as well as that of the President and Vice President of the Canada Border Services Agency (CBSA), to members of your Sub Committee on Public Safety and National Security, as it related to the Sub Committee's study of Bill C -26 establishing the CBSA. We were flabbergasted and astounded at the slanted testimony, the extent to which it gave the wrong impression, and the degree to which efforts were undertaken to downplay the threat and illegal activity we know to be taking place along the border. In her testimony, the Deputy Prime Minister said a mere 18 vehicles were known to have blown the Lacolle border in one year, meaning their drivers did not stop to report to Customs but rather chose to proceed into the country illegally. In reality, our members counted no less than 17 vehicles during a three (3) week period in the month of December 2004 alone you may have heard about it at the time since Radio Canada television decided to report it in the news. At five (5) British Columbia border crossings, using another example, 26 vehicles blew by the ports without stopping during the week of February 7, 2005. In Stanstead, Quebec, the count is consistently well over 250 unidentified vehicles illegally entering Canada each month by using two (2) unguarded roads namely Leeball and Church Roads. We're also aware that CBSA has over 1,600 vehicles documented as entering Canada in 2004 and failing to report to Customs. Lacolle is the largest border crossing in Quebec, with the highest contingency of Customs Officers; that this many vehicles disregard the law and are illegally running the port would appear unimaginable and yet it happens frequently. And that's at a major border crossing, how many vehicles do you think illegally enter Quebec when this Province alone has more than 100 unguarded roads? For his part, the CBSA President told you that, in most cases, people who do not stop at the border and proceed to illegally entering the country are individuals who have problems that are not related to smuggling or anything of that nature. While that statement alone raises eyebrows, it also begs an answer to the question: "What about people who use unguarded roads The number of unguarded roads into Canada from the U.S. is in the hundreds and we haven't any dedicated resources to prevent their illegal use. The CBSA President added that, in most cases, individuals who blow the border at ports of entry are caught and brought back to the border crossing in good time so they can be processed. We ask, "By whom Our members have stopped bothering to call police to intervene and catch vehicles illegally entering Canada because police interventions simply don't happen, they don't exist anymore. Police openly admit they don't have the resources to deal with border runners. The CBSA President also added that, across Canada, each Customs office has an agreement with a police Detachment of close proximity for backup and assistance. We ask what worth agreements hold when police can't honour them and provide the backup or assistance when most needed. In our view most needed should definitely include situations involving port runners. ...14 4 In a soon to be published editorial for the Blue Line magazine, which is a publication read by law enforcement officers across Canada, Editor Morley Lymburner writes about recent research he and a colleague undertook which led them to conclude how common it is for Canadian and American authorities to cross the border to carryout actions, in clear violation of rules preventing such cross border law enforcement. He writes about how authorities are left with having to disregard these rules since criminals don't operate respecting borders or jurisdiction. I'm sure you all realize that, in the context of Canada's continued nonchalance for it own border security; it is the country's sovereignty that is currently in play. Mr. Chairman and members of the Committee, while we acknowledge your Committee may not be the ideal body with whom we should make the following recommendation, we do believe your interest in the Quebec RCMP situation presents the perfect opportunity to launch our call for an armed, Canadian Border Patrol. From our perspective and while we continue to object to CBSA's "working alone policy a Border Patrol would go a long way to provide available backup and support for the more than 100 identified locations along Canada's border where Canadian Customs Officers are working alone. Such a Patrol would also go a long way to ensuring unguarded roads are unpredictably monitored, which would be an extremely strong deterrent against the criminal element that uses these roads with flagrant, wanton disregard for the law. Even Commissioner Zaccardelli admitted to you on December 9 of the importance of having a presence at the border. "You have to have a presence," he said on two occasions. His decisions, unfortunately, have run contradictory to this mantra since he chose to leverage resources away from the border and centralize them in larger urban centres. Government officials are placing much emphasis on International Border Enforcement Teams, or IBETs, espousing their virtues and promoting them as the ideal solution for border security. However, as this quote from the CBSA website points out, IBETs "operate as intelligence- driven enforcement teams"; they identify, investigate, and interdict "persons and organizations that pose a threat to national security or are engaged in other criminal activity." The U.S. Border Patrol and Canada's RCMP have assumed the lead roles but, given RCMP Commissioner Zaccardelli's testimony about how the RCMP cannot maintain a border presence; we shouldn't confuse the RCMP's involvement in IBETs with the U.S. Border Patrol to mean there are joint Canada /U.S. teams patrolling the border. IBET's are intelligence -driven not field- driven. Inspector Jean Yves Lemoine, officer in charge of IBET, was quoted in an article of the Pony Express (the Nov /Dec 2002 issue of the RCMP national internal magazine), as saying "People think that we're out there in marked cars doing border patrol. That's just not what IBET is about." The article describes an IBET as "comprised of joint teams of investigators who gather intelligence related to national security and organized crime. This information is passed on to analysts who identify major threats within each of the 15 geographical regions. This information is then communicated to other IBET regions through a shared database. The team brings in the necessary specialists, such as drug investigators or commercial crime investigators, to deal with the needs of that particular investigation." The Parliamentary Secretary to the Deputy Prime Minister, The Honourable Roy Cullen, said in the House of Commons on December 13, 2004, that an independent job hazard analysis of the Customs Officer job done in June 2003 "affirmed that firearms were not considered a necessary tool for Customs Officers." We're not talking about Customs Officers at points of entry in this .../5 discussion, so its important to draw that distinction. As for the analysis, reality is that the penultimate draft report went so far as to recommend an armed presence at specific ports of entry but, because Government's starting point is that it opposes firearms for Customs Officers, the recommendations were ordered deleted by Customs management prior to release of the final report. All to say this Union is not the only organization supporting an armed presence at the border; authors of the independent analysis also supported that view. It's time Canada stopped ignoring its duty and responsibility to protect the Canada /U.S. border. We must stop depending on Americans to provide our border security. It's our border; we must therefore play a real, meaningful part. We have an obligation to do so. In closing, the Committee might be interested to know it is our intention to appear before the Senate Committee on National Defence and Security once it begins studying Bill C -26, which creates the Canada Border Services Agency, identifies its mandate and masters, as well as delineates its authorities. We will seek the Committee's support to amend Bill C -26 to broaden the CBSA's mandate so that it becomes responsible to enforce the border with a Border Patrol between ports of entry. Given the strong interest Senator Kenny and his Committee have held on matters of national and border security since 9/11 and the many related reports they've issued, we're hopeful his Committee will exercise that sober second thought and support our request to amend C -26. That said, we ask that you also support this agenda and promote it to your respective caucuses should Representatives in the House of Commons be asked to agree with a proposed Senate amendment to the Bill. Thank you. -5- Niagara Car Falls( of The Niagara Canad� Anallepi Members: RECOMMENDATION: BACKGROUND: Corporate Services Department CD- 2005 -07 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: diorfida©city.niagarafalls.on,ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 18, 2005 Re: CD- 2005 -07 Niagara Tunnel Project Re: the City's Noise By -law (2004 -105) Dean lorfida City Clerk That Council direct staff to amend the City's Noise by -law to include Ontario Power Generation in section 4 of Schedule 4, the Exempted Activities. Staff received a letter from Hatch Mott MacDonald- Acres, the consultants for Ontario Power Generation (OPG) on the Niagara Tunnel Project. Ontario Power Generation is in the process of drafting the tender documents for the hiring of contractors for the Tunnel Project. As Council may be aware, the Niagara Tunnel is a project estimated at $600 million and will take approximately four and half years to complete. The new tunnel will supply more water to existing generators at the Sir Adam Beck plant. Ultimately, the result will be an increase to Ontario's electricity supply. To complete a project of this magnitude, in the time period proposed, it would be ideal for the contractors to work around the clock. The municipality, however, has a nosie by -law (2004 -105) that prohibits construction 7:00 p.m. and 7:00 a.m. during the week days and between 7:00 p.m. and 9:00 a.m. on weekends and statutory holidays. Section 7 of the noise by -law does allow for an application for an exemption under the by -law. Section 8 requires staff to prepare a report and indicates that any exemption shall not be in excess of 6 months. Staff would also advertise such a request to the public. Working Together to Serve Our Community Clerics Finance Human Resources Information Systems Legal Planning Development April 18, 2005 At this point in time, it makes no sense for OPG to seek a six month exemption because, in all likelihood, the contractors will not start work until the fall; however, OPG need to know now if the municipality would be receptive to such an exemption. If the potential contractors have restrictions on the time that they may complete the works it will affect the amount that they would tender for the project. It should be stressed, however, that even if there is around the clock work taking place it does not necessarily mean that the noise will be offending to residents. There are a number of factors that will likely minimize noise impacts: the location of works is in sparsely populated areas of the municipality. the tunnel boring is so far underground that there may not be any apparent noise on the surface. spreading and leveling of the spoil pile will only take place during allowable hours. the consultant has indicated that the works will be conducted "subject to the good practices by the Contractor." all reasonable noise controls, to reduce sound levels, in compliance with Provincial Ministry of Environment noise limits, will be implemented in the removal and construction of the ice accelerating wall. much of the possible noise impacts are purely speculative at this point in time because a contractor has yet to be selected. The economic benefit of this project is such that the it is appropriate for the municipality to assist in fostering its expeditious completion. Currently, Schedule 4 of the noise by -law exempts the following: 2 CD 2005 07 4. Incidental noise from any activity of the City or the Regional Municipality of Niagara, their employees, agents or contractors, associated with the construction, repair, performance or maintenance of essential municipal services. It would seem reasonable to include Ontario Power Generation and ,even, Niagara Falls Hydro under this section of the by -law. Unfortunately, staff did not contemplate this at the time of drafting the by -law. CONCLUSION: The Niagara Tunnel Project is a major undertaking that will have economic and environmental benefits to the Province. Allowing work to occur around the clock will allow this project to be completed within the projected four and half year time frame. If the contractors were required to abide by the stipulations of the City's nosie by -law, the project would take longer. It makes sense to amend the City's noise by -law to include Ontario Power Generation under the same exemption as the City and Region when undertaking "the construction, repair, performance or maintenance of essential services If Council is agreeable to this amendment, staff will bring the by -law to the next Council meeting. April 18, 2005 Recommended by: Dean Iorfi City Cler Approved by: T. Ravenda Executive Director of Corporate Services 3 Respectfully submitted: John MacDonald Chief Administrative Officer CD- 2005 -07 Hatch Mott MacDonald —Acres Project Office 4342 Queen Street, P. 0. Box 1001 Niagara Falls, Ontario, Canada L2E 6W1 Tel: 905 374-5200 Fax: 905- 374 -1157 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mr. Ed Dujlovic Director Municipal Works April 8, 2005 15981D0 NAW 130- 00577 -P Dear Ed: Niagara Tunnel Project City of Niagara Falls Noise By -Law 2004 -105 Exemption Request Further to our meeting on Monday, April 4, 2005, and on behalf of Ontario Power Generation (OPG), we are requesting exemptions under the above City of Niagara Falls Noise By -Law 2004 -105. OPG is planning to construct a diversion tunnel (the Niagara Tunnel Project) as the first phase in the Niagara River Hydroelectric Development. The tunnel will be excavated using a tunnel boring machine (TBM). The tunneling activity will proceed from an outlet portal located on OPG's property at the Beck complex in the north of the City (see attached figure). It is proposed that tunneling will occur 24 hours a day, 7 days a week, with the spoil excavated from the tunnel being disposed on OPG land. However, spreading and leveling of the spoil pile will only take place within the regulated hours outlined in the By -Law. OPG requests that the tunneling activity be exempt from the By -Law prohibited time period for construction activities, i.e., between 7:00 pm to 7:00 am, 9:00 am on Saturdays, Sundays and statutory holidays. The ice accelerating wall located at the International Niagara Control Works (INCW) has to be removed and a new wall constructed to the north of the existing structure. This work will be undertaken from a barge working in the river in the vicinity of the INCW control gates and is currently scheduled for the summer of 2006. There are a number of safety related rules that apply to boats/barges operating immediately upstream from the INCW. For the work required to relocate the ice accelerating wall, the rules require that the gates of the INCW be completely closed at all times that the barge is working in this area. In order that the scenic flow requirements are met, it would be advantageous to carry out this work during the night when the gates would normally be closed between 11 pm and 6:00 am. The Contractor will be asked to implement all reasonable noise controls to reduce the sound levels at the closest residences to meet the Ontario Ministry of Environment's noise limits as close as possible. For safety reasons, OPG is requesting an exemption from the By -Law time restriction on construction activities to allow the possibility for the Contractor to replace the ice accelerating wall during the night -time. Hatch Mott MacDonald —Acres City of Niagara Falls 2 April 6, 2005 The tunnel may be lined using concrete segments that will be manufactured off -site. OPG further requests that deliveries of these segments, and any other materials required for the project, be exempt from construction timing restrictions as defined in the By -Law. This exemption is only being requested for deliveries along Stanley Avenue to the main construction site, located on OPG property at the Beck complex. It would be subject to good practices by the Contractor, and if the public expressed reasonable concerns the exemption could be revoked. We would appreciate your response, if possible by April 20, 2005, such that the information may be conveyed to the Proponents prior to the Niagara Tunnel Project bid submission. If you require further information, please do not hesitate to phone myself at 905 -403 -4210 or Cate Mee at 905- 374 -5200. CM:maw cc E. Elsayed, OPG Hatch Mott MacDonald —Acres Yours very truly, y -1 Harry Charalambu, P.Eng. Project Manager ONTARIO"FuWER s Project ara Tunnel Pro'ect GENERATION Location Map Pump GS SAB No. 2 Canal Disposal Area Outlet Structure Intakes wand Riv To Toronto To Fad hie Sir Adam Beck GS No. 2 Escorpmen o 1 Sir Adam Beck GS No.1 peaata 2 Kilometres Robert Moses GS Sera Falb N Task New Tunnel Intake Structure International Niagara Control Structure Existing Tunnels No. 1 No. 2 Legend Existing Tunnels New Tunnel The City of Niagara Fall Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2005 -18 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: legalservices @city. niagarafalls.on.ca Re: L- 2005 -18 Declare Land Surplus Frances Avenue, Plan 109 and Block A, Plan 109 Our File No. 2005 -52 April 18, 2005 That a portion of Frances Street, known as Frances Avenue, Plan 109 and Block A, Plan 109 Stamford "Frances Avenue shown hatched on Schedule "A" attached which was permanently closed by by -law earlier this evening, be declared surplus. At its meeting of April 4, 2005 Council authorized Staff to enter into a long term Lease Agreement between the Niagara Catholic District School Board "School Board and The Corporation of the City of Niagara Falls "City") to permit the School Board to continue using Frances Avenue shown hatched on Schedule "A" attached to this Report as a parking lot, for nominal consideration. A copy of Report L- 2005 -11 is attached. Pursuant to the provisions of the Municipal Act, in order to enter into a long -term Lease Agreement Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 18, 2005 with respect to Frances Avenue, the City is required to declare the lands surplus. Prepared by: Mary Morr. e Law Cler Recommended and approved by: T. Ravenda Executive Director of Corporate Services 2 Respectfully submitted: /41 John MacDonald Chief Administrative Officer L- 2005 -18 JZZN NIP 1, iL00- L 'N'I'd 9Y'OC z a w F 0 w z 5 Saw i w 0 w c_R1 The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L 2005 11 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON 12E 6X5 web site: www.city. niagarafalls. on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: rkallio @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 4, 2005 Re: L 2005 11 Permanent Closing and Lease Agreement of Part of Frances Avenue for a parking lot for St. Gabriel Lalemant School Our File No. 2005 -52 Ray Kallio City Solicitor 1. That Staffbe authorized to commence proceedings to permanently close a portion of Frances Street, known as Frances Ave, Plan 109 and Block A, Plan 109 Stamford "Frances Avenue shown hatched on Schedule "A "attached; 2. That Staff place a Notice of the permanent closing of Frances Avenue in the Niagara Falls Review in accordance with By -law No. 2003 -02; and 3. That Staff be authorized to enter into a long term Lease Agreement between Niagara Catholic District School Board "School Board and The Corporation of the City of Niagara Falls "City to permit the School Board to continue using Frances Avenue shown hatched on Schedule "A" attached to this Report as a parking lot, for nominal consideration. The Hydro Electric Power Commission of Ontario "Hydro") owns the lands both to the west and east sides of Frances Avenue, being Lots 112 and 113, Plan 109, shown on Schedule "A" attached. The Corporation of the City of Niagara Falls "City entered into a Lease Agreement with Hydro with respect to Lots 112 and 113, Plan 109 as shown on Schedule "A" attached. The City presently Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development April 4, 2005 2 L- 2005 -11 sublets Lots 112 and 113, Plan 109 to the School Board for the purposes of providing parking for the St. Gabriel Lalemant School. However, the constructed parking lot is presently situated on Lots 112, 113 and Frances Avenue. Frances Avenue is an open road allowance. No parking is permitted over Frances Avenue and same must be closed in order to permit a parking lot. The School Board has submitted Site Plan drawings indicating that its wishes to continue using Frances Avenue as a parking lot. In order to include Frances Avenue as part of the parking lot, Frances Avenue must be permanently closed and a Lease Agreement with the School Board should be entered into. Staff has no objections to Frances Avenue being permanently closed and the City entering into a Lease Agreement with the School Board. In order to facilitate this request, the City will need to permanently close Frances Avenue and enter into a Lease Agreement with the School Board. The following is a list of highlights that will be incorporated into the Lease Agreement with the School Board: rrone Law C rk Ray Kallio City Solicitor annual fee of $2.00 fifty (50) year term School Board is responsible for (i) grading and resurfacing Frances Avenue for use as a parking lot (ii) at its own expense and upon approval of the City and Director of Municipal Works, keeping Frances Avenue in good condition and repair, free of obstruction and clean and clear School Board shall assume all liability and obligation for any and all loss, damage, or injury (including death) to any persons or property. The School Board shall take out and keep in force comprehensive general liability insurance in the minimum amount of $2,000,000.00 the City and School Board may terminate the Lease Agreement upon six months written notice Appr. ved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Falls Cana Members: RECOMMENDATION: Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: legalservices @city. niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 18, 2005 Re: L- 2005 -16 Permanently closing Part of Ramsey Road and Declaring lands surplus Our File No. 2005 -25 1. That part of an unmaintained portion of Ramsey Road being part of Township Lots 212 to 216, part of road allowance between Township Lots 212 and 213 and between Township Lots 214 and 215, being north of Chippawa Parkway and east of Dorchester Road (the "subject lands shown dotted on Schedule "A" to this Report, be permanently closed. 2. That the subject lands set out in Schedule "A" be declared surplus and offered for sale at fair market value to an abutting owner, 1149962 Ontario Limited (the "Company") and further that the proposed purchaser pay for all costs associated with the sale, including the cost of an appraisal, reference plan and all notices; 3. That a Notice of the proposed sale of the subject lands be given in The Review in accordance with By -law No. 2003 -02. The contact person is the writer of this Report. 4. That an Offer to Purchase in the amount of $75,000.00 from 1149962 Ontario Limited for the subject lands be accepted. Further that the purchaser pay for all costs associated with the purchase. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development L- 2005 -16 April 18, 2005 BACKGROUND: At its meeting of March 21, 2005, Council authorized Staff to commence proceedings to permanently close the subject lands. A copy of Report L- 2005 -14 is attached as Appendix "I The Company is the owner of a parcel of land south of the subject lands, shown hatched on Schedule "A" attached. The Canada Southem Railway Company "CSR is the owner of the part of land north of the subject lands, shown shaded on Schedule "A" attached The Company wishes to purchase the subject lands, so as to complete a land assembly and incorporate the subject lands as part of a master plan to develop the golf course. An Appraisal was prepared by D. J. Penwarden Appraisals Ltd., dated February 25, 2005, on behalf of the Company, setting out the market value of the subject lands to be $75,000.00. A copy of excerpts from the appraisal are attached as Appendix "2 Attached as Appendix "3" is a copy of the Offer to Purchase from 1149962 Ontario Limited. The Offer sets out that the transaction will close within ninety days or sooner, after acceptance of the Offer. Staff did not have any objections to the request to declaring the subject lands surplus and offering same to the abutting owner. Prepared by: Mary Morron Law Clerk Recommended and approved by: T. Ravenda Executive Director of Corporate Services espectfully submitted: John MacDonald Chief Administrative Officer L- 2005 -16 TERANET 0 117 234 351 468 585 702 metres Mar 4, 2005 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded In the Land Registry System and has been prepared for property indexing purposes only. This Is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Only major easements are shown. Teranet Customer Service Centre: 1- 800 -208 -5263 (Toronto: 416 360 -1190) The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L 2005 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 Fax: (905) 371 -2892 E -mail: rkallio @city. niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario March 21, 2005 Re: L- 2005 -14 Permanently closing Part of Ramsey Road Our File No. 2005 -25 Ray Kallio City Solicitor 1. That Staff be authorized to commence proceedings to permanently close part of an unmaintained portion of Ramsey Road being part of Township Lots 212 to 216, part of road allowance between Township Lots 212 and 213 and between Township Lots 214 and 215, being north of Chippawa Parkway and east of Dorchester Road, (the "subject lands shown dotted on Schedule "A attached to this Report. 2. That a Notice of the proposed permanent closing of the subject lands be given in The Review in accordance with By -law No. 2003 -02. The contact person is the writer of this Report. 1149962 Ontario Limited (the "Company is the owner of a parcel of land south of the subject lands, shown hatched on Schedule "A" attached. The Canada Southern Railway Company "CSR is the owner of the parcel of land north of the subject lands, shown shaded on Schedule "A" attached. The Company and CSR are working together with respect to assembling and developing their lands for the purposes of a golf course. The Company expressed an interest in permanently closing and purchasing the subject lands, so as to complete the land assembly and incorporate the subject lands as part of the proposed golf course. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 21, 2005 Washington Mills Limited owns the parcel of land south of the subject lands shown in heavy outline. Staff has received correspondence from Washington Mills Limited confirming that it has no objections to permanently closing of the subject lands and has no interest in purchasing any portion of same. Staff did not have any objections to the request to permanently close the subject lands. Municipal Works has advised of the following; A subsequent Report dealing with the sale of the subject lands will be presented for Council's consideration, once the subject portion of the road is permanently closed. Prepared by: Mary M one Law Cl k 2. that there is a concrete bridge structure constructed in 1934 located approximately 280 metres north of Chippawa Creek Road. The bridge appears to be over a drainage channel or an old roadway. Attached as Schedules showing the bridge structure. y Kallio City Solicitor Approved by: 1. that a 250 millimetre diameter raw water line runs from Kister Road through a portion of Ramsey Road, for the purposes of establishing a private raw water connection supply for Washington Mills Limited. by: T. Ravenda Executive Director of Corporate Services 2 L- 2005 -14 Respectfully submitted: John MacDonald Chief Administrative Officer TERANET 0 117 234 351 468 585 702 metes 111=11 Mar 4, 2005 Protected by Copyright. May not be reproduced without permission. Iles map was compiled using plans and documents recorded In the Land Registry System and has been prepared for property Indexing purposes only. This is not a Plan of Survey. For actual dimenslons of property boundaries, see recorded plans and documents. Only major easements are shown. Teranet Customer Service Centre: 1 -800- 208 -5263 (Toronto: 416 -360 -1190) IL Of The Ramsey Road Road Allowance Extending Between Dorchester Rd Kister Rd Niagara Falls, Ontario Prepared for: 1149962 Ontario Limited Prepared by: As of February 25"', 2005 President JOHN PENWARDEN, BA, /wa 1149962 Ontario Limited 6000 Marineland Parkway Niagara Falls, Ontario L2E 6X& Att.: Mr. Mario D'Uva, Secretary- Treasurer 1149962 Ontario Limited Re: Hypothetical Appraisal Report of the Ramsey Road Road Allowance Extending Between Dorchester Kister Roads, Niagara Falls, Ontario Dear Sir. D.J. PENWARDEN APPRAISALS LTD. APPRAISALS REAL ESTATE CONSULTING Specializing in Investment, Commercial Industrial Phone (905) 892 -4644 Fax (905) 892 -0505 E -mail: jpenwarden@cogeco.ca 9 Crosshill Road Fonthill, Ontario LOS 1E2 March 3r 2005 In accordance with your request herein contained is a hypothetical, short narrative appraisal report on the above indicated proposed subject property as of the effective date February 25 2005. I have personally inspected the subject property and carried out an analysis of factors considered pertinent to the valuation. As a result of the investigation, the following estimate of Use Value has been arrived at, subject to the following Assumptions and Limiting Conditions (totalling 22) that should be read prior to relying upon this report. SEVENTY FIVE THOUSAND ($75,000) DOLLARS (At Seven Thousand Two Hundred ($7,200) Dollars Per Acre) Attention is drawn to Extraordinary Assumptions 14-22 and the Terms of Reference. The above estimate of Value is in terms of cash (Canadian Dollars) or in financial arrangements comparable thereof. Due to the nature of the appraisal assignment, there is no exposure time associated with the estimate of Use Value. It is stressed that the valuation conducted is considered to be hypothetical in nature, as the subject property does not currently exist as a separate legal parcel. It is noted that the estimate of Use Value has been predicated upon the premise that 1149962 Ontario Limited (the potential purchaser of the proposed subject property) will use the subject property, in conjunction with his abutting 275 acres as part of a golf course development. This report contains a total of 45 pages and Addenda items A -D. The report may only be used if it contains the original signatures of the authors. It is noted that extraordinary assumptions have been invoked from the Canadian Uniform Standards and these are documented within the Terms of Reference and Extraordinary Limiting Conditions sections of this report. The client.has been informed of, and has agreed to the limitations of.a short narrative report. As of the date of this report, John Penwarden, has completed the requirements of the recertification program of the Appraisal Institute of Canada. Respectfully submitted, DJ Penwarden Appr isals Ltd. Robert Piper, B.Admin Associate Appraiser (Prepared and inspected by) John Penwarden, BA, MCI, P.App. Review Appraiser (Reviewed and inspected by) Address/Location: Registered Owner: Recent Property History: Property Description: Zoning: Official Plan Designation: Highest and Best Use: Effective Date: 6 EXECUTIVE SUMMARY Ramsey Road, Road Allowance, Niagara Falls, Ontario Running Between Dorchester and Kister Roads The Corporation of the City of Niagara Falls A cursory review of title information has not been conducted. Conversations with Officials representing the current registered owner have revealed that the subject property has not been listed, nor has it transferred within the last 3 years. The irregularly shaped, 66' wide x 6,885' (10.43 acre) proposed subject site is situated in the south end of the City of Niagara Falls, just north of the Village of Chippewa. It abuts the Falls Industrial Park and the former "Veda Land" site to the north and a developing golf course to the south. The proposed subject property has 66' of frontage along Dorchester Road and terminates at the unopened road allowance of Kister Road. From the perimeter inspection conducted, the site has sections that are clear of vegetation whereas other sections are tree covered. The site is located within the urban and urban service boundaries of the City. Municipal services (sanitary sewers and water) are reported to be located a short distance away, but there are no immediate plans by the City to extend servicing across and /or into the proposed subject site. It has been reported that natural gas and hydro are available to the subject site from Dorchester Road. The abutting property (275 acres) to the north has just undergone land use regulation changes to permit the use as a golf course. It is the intent of the potential purchaser to add the 10.43 acre proposed subject site to his abutting golf course facility. The road allowance is not zoned according to the City. The abutting land to the south is zoned General Industrial (GI) whereas the abutting land to the north is zoned Open Space (OS -611). Industrial Not germane in a Use Value scenario. February 25` 2005 Estimate of Use Value: $75,000 At a rate of $7,200 per acre, based upon the area estimate provided. Attention is drawn to Extraordinary Assumptions 14 -22 the Terms of Reference. D.J. Penwarden Appraisals Ltd. BUYER, 1149962 ONTARIO LIMITED agrees to purchase from SELLER, THE CORPORATION OF THE CITY OF NIAGARA FALLS the following REAL PROPERTY: Address Part of an unmaintained portion of Ramsey Road in the City of Niagara Falls, in the Regional Municipality of Niagara and legally described as being Part of Township Lots 212 to 216 and parts of Road Allowances between Township Lots 212 and 213 and between Township Lots 214 and 215, being north of Chippawa Parkway and east of Dorchester Road (the "property PURCHASE PRICE: DEPOSIT: Buyer submits SCHEDULE(S) N/A SEVENTY -FIVE THOUSAND ONE THOUSAND (Upon acceptance) cash or negotiable cheque payable t0 the VENDOR to be held in trust without interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Buyer agrees to pay the balance of the Purchase Price by bank draft or certified cheque to the Seller on closing, subject to the usual adjustments. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A AGREEMENT OF PURCHASE AND SALE Dollars (CDN$ 75,000.00 Dollars (CONS 1,000.00 attached hereto forms(s) part of this Agreement. 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable: N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by the Purchaser until 5;00 p.m. n on the _and day of April 2005 after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on the 16th day of June 2005 Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX 140. 905 371 -2892 v,. d.u..., of n,w.....,..n..( FAX NO. 905-356-6904 (Mr deify., ,f to wren 7. CST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be IN ADDITION TO the Purchase Price. If this transaction is not subject to G.S.T., Seller (included In/In en ew agrees to prov on or before closing, a certificate that the transaction is not subject to G.S.T. If this transaction is subject to G.S.T., the Purchaser shall be entitled to self- assess and file all appropriate documentation evidencing its G.S.T. registration number. _X 0 z w �0 Fime� 8. TITLE SEARCH Buyer shall be allowed until 5:00 p.m. on the 5th day prior to closing, (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use GENERAL INDUSTRIAL may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Bayer may reasonably require. 9. FUTURE USE: Seller and Buyer agree that there 1s no representation or ranty of any kind that the future use intended a of the property by Buyer is or will be lawful except as may be specifically provided for In this Agreement 10. TITLE: Provided that the title to the property is good and free from all charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, evidenced by a letter from the relevant municipality or regulated utilltyg(b) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties: and )c) any easements for drainage, storm or sanitary sewers public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph B any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Seller and which Seller is unable or unwilling to remove, remedy or satisfy and which Buyer will not waive, this Agreement notwithstanding any intermediate acts o r negotiations respect of such objections, shall be at an end all monies paid shall be retuned without interest or deduction and the Seller shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property and where the transaction will be completed by electronic registration pursuant to Part II1 of the Land Registration Reform Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act. S.C. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing funds, non-registrable documents and other items (the "Requisite Deliveries and the release thereof to the Seller and Buyer will (a) not occur at the same time as the registration of the transfer /deed and any other documents intended to be registered In connection the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold s n trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers, the form of which is as r ommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur In the applicable Land Titles Office or such other location agreeable to both lawyers. 12. DChklnNTS AND DISCHARGE: Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge /mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populalre or Insurance Company and which is not to be assumed by Buyer on ompletion, is not available in registrable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register a on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 13. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Buyer and Seller. 14. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion Seller shall hold all insurance policies, 1f any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any Insurance and complete the purchase. No insurance shall be transferred on completion. If Seller is taking back a Charge/Mortgage, or Buyer 1s assuming a Charge /Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's Interest on completion. 15. MAIMING ACT: This Agreement shall be effective to create an interest In the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT flEpABATION: The Transfer /Deed shall, save for the land Transfer Tax Affidavit, be prepared in registrable form at the expense of Seller, and any Charge /Mortgage to be given back by the Buyer to Seller at the expense of the Buyer. If requested by Buyer, Seller covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 17. RESIDSNLY: Buyer shall be credited towards the Purchase Price with the among if any, neneasary for Bayer to pay to the Minister of NationAl Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the non-residency provisions of the Income Tax Act by reason of this sale. Buyer shall not claim such credit if Seller delivers n completion the prescribed certificate or a statutory declaration that Seller is not then a non- resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage Interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Buyer. 19. TIME LIMITS: Time shall in all respects be of the essence e hereof provided that the time for doing or completing of any matter provided for herein may be extended m orabridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 20. TENDER: Any tender of documents or oney hereunder may made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 21. FAMILY LAW ACT: Seller warrants that spousal consent is not n n necessary to this transaction under the provisions of the Family Law Act, B.S.O. 1990 unless Seller's spouse has executed the consent hereinafter provided. 22. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused any building on the property to be Insulated with insulation containing areaformaldehyde, and that to the bent of Seller's knowledge no building on the property contains or has ever ontained insulation that contains ureaforamldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 23. CONSUMER REPORTS: The Buyer is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 24. AGREEMENT IN WRITING: If there i s conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Bayer and Seller. There is no representation, warranty, collateral agreement or ondition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 25. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls, Ontario this 2 day of March 2005 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto net my hand and seal: 1199962 ONTAR 0 LIMITED Per: r i DATE March 24, 2005 mu. iwvm anal I, the Undersigned Seller, agree to the above Offer. Mr. 0.111.0 a.m. /p.m. this (Men day of 20 Address for Service: 4310 Oueen Street Niagara Falls, Ont. Tel. No. (905 356 Seller's Lawyer Rav Kallio, City Solicitor Address 905 356 -7521 905 -371 -2892 Te1.No. FAX No. Mario D'Ova, Secretary Treasurer I have authority to bind the Corporation. DATED AT Niagara Falls, Ontario this day of SIGNED, SEALED AND DELIVERED In the presence of: IN WITNESS whereof I have hereunto set my hand and seal THE CORPORATION OF THE CITY OF NIAGARA FALLS Per DATE i.ku.n m.n1 CONFINTATION O! ExECUTIDN: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. DATE DATE DATE DATE Munn Address for Service: Tel. No. FAX No. 2005 DATE Tel. No. 1 1 Buyer's Lawyer Italia M. Gilberti Address 4625 Ontario Ave,. Niagara Falls, Ont. 905 -356 -2621 905- 356 -6904 Niagara Cara Falls Niagara Falls Canad� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Corporate Services Department F- 2005 -15 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden @city.niagarafalls.on.ca April 18, 2005 Re: F- 2005 -15 Major Receivables Quarterly Report RECOMMENDATION: For the information of City Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to March 31' 2005. 1. Tax Receivables Current Taxes 2005 2004 Percentage Collected 49% 49% Levy to Date $67,571,839. $63,447,943. Penalties Charged 109,693. 230,476. Collections $33,413,580. $31,193,074. Balance $34,267,952. $32,485,345. Tax Arrears 2005 2004 Percentage Collected 16% 11% Opening Balance $16,815,838. $16,734,068. Penalties Charged 667,798 698,585 Collection 2,876,919. 1,953,208. Balance $14,606,717. $15,479,445. Total Unpaid Taxes $48,874,669. $47,964,790. Kenneth E. Burden Director Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development April 18, 2005 F- 2005 -15 Collection of current taxes has been consistent with last year in the first quarter of 2005. The collection of tax accounts that began the year in arrears has improved from 11% in 2004 of the opening balance to 16% in 2005. Staff continues to work diligently to collect all tax accounts. 2. Other Receivables Sundry Receivables 2005 2004 Accounts Receivables $1,282,104. $377,339. Finance staff follows a collection procedure to ensure that accounts are collected in a timely manner. Prepared by: d ea 445— Lisa Antonio Recommended by: K.E. Burden Director of Finance Division Approved by: T. Ravenda Coordinator of Tax Receivables Executive Director of Corporate Service Respectfully submitted: John MacDonald Chief Administrative Officer Niagara City a Qf s Niagara Falls Canada Community Services Department MW- 2005 -29 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: April 18, 2005 Re: MW- 2005 -29 Morrison Street Watermain Replacement Victoria Avenue to Erie Avenue Contract 2005 143 -05 It is recommended that the unit prices submitted by the low tenderer, Fine Grade Construction Ltd., be accepted. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Thursday, March 31, 2005 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eleven (11) Contractors and eight (8) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the eight (8) Contractors, together with the corrected bids 1. Fine Grade Construction Ltd. (Niagara Falls) $611,625.00 2. DeRose Bros. General Contracting Ltd. (Thorold) *$678,334.50 ($678,317.00) 3. Alfidome Construction Limited (Niagara Falls) $691,315.00 4. Condotta Construction (Thorold) *$697,273.05 ($697,249.05) Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 18, 2004 MW- 2005 -29 5. Demar Construction (Niagara Falls) *$723,993.00 ($723,963.00) 6. Alfred Beam Excavating Ltd. (Fort Erie) *$738,795.00 ($698,295.00) 7. Nexterra Subcontractors Inc. (Niagara Falls) $749,323.50 8. Vic Vatrt Contracting Ltd. (Welland) $757,369.27 The lowest tender was received from Fine Grade Construction Ltd. in the amount of $$611,625.00. 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 $650,000.00 Project Costs: Awarded Contract $611,625.00 MOE Approval 1,200.00 Enbridge Gas Relocation 19,500.00 Niagara Fall Hydro Relocation 5,000.00 Net GST (3 19,119.75 TOTAL $656,444.75 Funding: 2005 Capital Watermain Replacement $640,000.00 Acct 12 -3- 430000 030000 W3 2005 Sidewalk Repair 4,000.00 2005 Sanitary Sewer Rehabilitation 6,600.00 Ontario Lottery Gaming Corporation 3,214.83 Canadian Niagara Hotels 3,214.83 TOTAL $657,029.66 This contract is for the replacement of the watermain and road base repairs on Morrison Street from Victoria Avenue to Erie Avenue. The contract includes the installation of a catchbasin lead and catchbasin on the Ontario Lottery and Gaming Commission property on Victoria Avenue, the former railway lands. This project is scheduled to commence on May 2, 2005, and all work to be completed within 45 working days. Council's concurrence with the recommendation made would be appreciated. April 18, 2004 Prepared by: Bob Darrall Project Manager Approved by: Ed Dujlovic Director of Municipal Works 3 Respectfully submitted: John MacDonald Chief Administrative Officer MW- 2005 -29 S:\REPORTS\2005 Reports'MW- 2005 -29 Tender 2005- 143 -05 Morrison Street Watermain Replacement Victoria to Erie.wpd The City of Niagara Fall Canad� Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2005 -30 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: MW 2005 30 Morrison Street Watermain Replacement Stanley Avenue to Victoria Avenue Contract 2005- 139 -04 April 18, 2005 It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted. The Tender Opening Committee, in the presence of a representative of the City Clerk, Mr. Ray Miller, opened tenders on Tuesday, April 5, 2005 at 1:30 p.m. for the above noted contract. Tender documents were picked up by ten (10) 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, together with the corrected bids 1. Alfidome Construction Limited (Niagara Falls) $764,786.00 2. Nexterra Subcontractors Inc. (Niagara Falls) $798,565.00 3. Demar Construction (Niagara Falls) *$800,205.00 ($800,135.00) 4. Condotta Construction (Thorold) *Incomplete bid ($764,789.40) Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services 2 MW- 2005 -30 The lowest tender was received from Alfidome Construction Limited in the amount of $764,786.00. 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 $750,000.00 Project Costs: Awarded Contract Net GST (3 $764,786.00 22 943.58 TOTAL $787,729.58 Funding: 2005 Capital Watermain Replacement $742,729.58 Acct 12 -3- 430000 030000 W3 2005 Capital Road Asphalt Overlay 45,000.00 Acct 12 -3- 310000 030000 R24 TOTAL $787,729.58 This contract is for the replacement of the watermain and road base repairs on Morrison Street from Stanley Avenue to Victoria Avenue. This project is scheduled to commence on May 2, 2005, and all work to be completed within 55 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: e cam, u Bob Darrall Project Manager Approved by: Ed Dujlovic Director of Municipal Works Respectfully submitted: m John MacDonald Chief Administrative Officer S:'REPORTS\2005 Reports\MW- 2005 -30 Tender 2005- 139 -04 Morrison Street Watermain Replacement Stanley to Victoria.wpd Niagara City a of s Niagara Falls Canada Members: Community Services Department MW-2005-31 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 18, 2005 Re: MW- 2005 -31 Tender 2005- 150 -05 Cathodic Protection of Watermains RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, C.P. Systems, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Thursday, April 7, 2005 at 1:30 p.m. for the above noted contract. Tender documents were picked up by three (3) Contractors and one bid was received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the Contractor. 1. C.P. Systems (Whitby) $379,050.00 The lowest tender was received from tenderer, C.P. Systems in the amount of $379,050.00. This contractor has previously performed similar type projects for the City and several other municipalities throughout Ontario. C.P. Systems is a company that specializes exclusively in the installation of cathodic protection. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 18, 2005 Financing: The Engineer's estimate for this contract was $400,000.00. Project Costs: Awarded Contact Net G.S.T. 3% Funding: 2005 Capital Watermain Replacement $390.421.50 TOTAL $390,421.50 This project is scheduled to commence on May 2, 2005. All works are to be completed within 35 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: 4 aftc-tee Bob Darrall Project Manager Approved by: $379,050.00 11,371.50 TOTAL $390,421.50 Respectfully submitted: Acct.12 -3- 430000 030000 W3 John MacDonald Chief Administrative Officer Ed Dujlovie Director of Municipal Works S:VtEPORTS\2005 Reports\MW- 2005 -31 Tender 2005- 150 -05 Cathodic Protection of Watennains Program.wpd MW-2005-31 The City of Niagara Fall Canad� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that: BACKGROUND: Community Services Department MW- 2005 -35 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca April 18, 2005 Members: RE: MW- 2005 -35 Tender for the Supply of Materials and Services for Pavement Markings Contract #2005 -06 (On- Street Application) Contract #2005 -07 (Parking Lots Other City Owned Lands) 1. Provincial Maintenance be awarded Contract 2005 -06 (On- Street Pavement Markings); and, 2. Sealer Works be awarded Contract 2005 -07 (Parking Lots and other City Owned Lands) In the presence of the Manager of Supplies and Services, the following tenders for the Supply of Materials and Services for Pavement Marking were opened on Thursday, March 10, 2005. 1. Contract 2005 -06 Pavement Markings On- Street 2. Contract 2005 -07 Pavement Markings in Parking Lots and other City Owned Land For Contract 2005 -06, one (1) bid was received from Provincial Maintenance at a total bid price of $132,476.70. This bid represents a 4.5% increase over last years successful tender price of $126,799.90, that was also awarded to the sole bidder Provincial Maintenance. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services 1 April 18, 2005 2 MW- 2005 -35 A total of four (4) bids were received for Contract 2005 -07. The summary of bids is shown below: Contractor Business Location Total Cost Sealer Works Niagara Falls $19,634.50 Provincial Maintenance Niagara Falls $19,821.75 R C Driveway Sealing Line Painting Niagara Falls $20,972.00 A -1 Asphalt Maintenance Ltd. Burlington $23,092.10 The low bid was received from Sealer Works of Niagara Falls. Sealer Works has not previously carried out pavement markings for the City of Niagara Falls. However, given their available equipment, manpower and previous experience carrying out pavement markings for private organizations, they are capable of carrying out the work successfully. The bid price of $19,634.50 from Sealer Works represents a 1.5% decrease over last years tender award. Therefore it is recommended that Provincial Maintenance be awarded Contract 2005 -06 and Sealer Works be awarded Contract 2005 -07. Financing: Contract 2005 -06 The estimated cost was $136,000.00 The project cost is $132,476.70 Contract 2005 -07 The estimated cost was $20,000.00 The project cost is $19,634.50 Funding: Account 11 -3- 342010 040000 136,000.00 Account 11 -3- 341000 030001 15,000.00 Various other department's 5,000.00 Council's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Karl Dren Manager of Traffic Parking Services Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully Submitted by hn MacDonald hief Administrative Officer M.Carrick S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2005 Council\April I8\MW- 2005 -35 Pavement Marking.wpd The City of Niagara Fall Cana His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Community Services Department MW- 2005 -40 Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E -mail: munwks @city.niagarafalls.on.ca April 18, 2005 Members: RE: MW- 2005 -40 Update to By -law 89 -2000 As per 2004 Subdivision Agreements Ed Dujlovic, P. Eng. Director RECOMMENDATIONS: It is recommended that Traffic Parking By -law 89 -2000 be amended to reflect the following: 1) By -law 89 -2000 Schedule "C" be amended to add a parking restriction at all times on: a) the west side of Cheesman Street between Feren Drive and Atack Court b) the north side of Atack Court and around bulbs c) both sides of Temporary Access from Mountain Road to Colangelo Drive d) the east side of Colangelo from Lucia Drive to the north limit of Colangelo Drive e) the north side of Lucia Drive from the western limit of Lucia Drive to the eastern limit of Lucia Drive; and, 2) By -law 89 -2000 Schedule "P" be amended to add a stop sign at: a) Cheesman Street at Feren Drive facing northbound motorists b) McGarry Drive at Garner Road facing westbound motorists c) Brittany Court at St. Michael Avenue facing eastbound motorists d) St. Michael Avenue at McLeod Road facing southbound motorists e) McGarry Drive at St. Michael Avenue facing eastbound and westbound motorists I) Shannon Drive at McGarry Drive facing southbound motorists g) Willgard Court at Willoughby Drive facing eastbound motorists h) Temporary Access at Mountain Road facing northbound motorists i) Cook Street at Woodland Boulevard facing westbound motorists 3) By -law 89 -2000 Schedule "Q" be amended to add a yield sign at: a) Cheesman Street at Atack Court facing southbound motorists Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 18, 2005 BACKGROUND: Within the City of Niagara Falls, various subdivisions have recently been completed or are in the process of completion, in particular Garner Estates, Orchard Grove West Extension, Futino Estates, Willoughby Gardens and Colangelo Estates. On several streets it is necessary to install parking restrictions, as per the conditions in the subdivision agreement. Furthermore, traffic control signs are also required at several locations to ensure that motorists have the right -of -way allocated within the intersection. Therefore, staff is recommending the aforementioned regulatory controls be installed within the subdivisions. In addition, the following "No Exit" warning signs will be installed on: Council's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: /ia a) both sides of Temporary Access at Mountain Road facing southbound motorists b) both sides of Cheesman Street at Feren Drive facing southbound motorists c) the north side of Willgard Court at Willoughby Drive facing westbound motorists d) the east side of Joseph Court at McGarry Drive facing northbound motorists e) the north side of Brittany Court at St. Michael Avenue facing westbound motorists Karl Dren, C.E.T. John MacDonald Manager of Traffic Parking Services Approved by: Ed Dujlovic, P. Eng. Director of Municipal Works -2- MW- 2005 -40 Respectfully submitted: Chief Administrative Officer Bart Skiba S: \TPS \TPS 1.00 Administration \TPS 106 Reports\2005 Council \April 18\MW- 2005 -40- By -law 89 -2000 Subdivision Agreements 2004.wpd File G -180 -05 Niagara City a of s Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario (905) 356 -7521 (905) 356 -2354 edujlovi@city.niagarafalls.on.ca April 18, 2005 Re: MW- 2005 -43 Appointment of a Consultant for the McRae Stamford Streets Reconstruction That the City of Niagara Falls enter into a Consulting Services agreement with Kerry T. Howe Engineering Limited for the design of sewer separation, watermain replacement, and road reconstruction on McRae Street and Stamford Street from Stanley Avenue to Victoria Avenue for the upset limit of $56,500 excluding GST. Staff invited four (4) Consulting Firms to submit proposals to complete the detail design for this project. The proposals were evaluated based on Work Program, Project Team, and Project Schedule. The results of the evaluation and the estimated cost (excluding GST) are listed below. 1. Kerry T. Howe Engineering Ltd. 2. Morrison Hershfield 3. S. Llewellyn Associates Ltd. 4. A.J. Clark Associates Ltd. (St. Catharines) (Burlington) (Burlington) (Hamilton) 75 56,500.00 73 118,150.00 69 110,000.00 No Submission MW- 2005 -43 Ed Dujlovic Director Based on the evaluation, staff is recommending that the City enter into a Consulting Services agreement with Kerry T. Howe Engineering Limited. This Consultant has previously performed similar type of work for the City. We are therefore, of the opinion, that this Consultant is capable of successfully undertaking this project. The completion of this design and subsequent construction will provide a new storm sewer on McRae Street and Stamford Street to help alleviate basement flooding in this area and reduce combined sewer overflow. The new storm sewers will be connected to the existing outlets on Stanley Avenue, which were installed as part of a recent Regional Contract. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 18, 2005 MW- 2005 -43 Due to the fact that most of the existing sewers and watermains on McRae Street and Stamford Street were constructed in the early 1900's, the entire infrastructure on these streets will be replaced or rehabilitated during the construction. This project has been approved for Superbuild funding and must be completed before March of 2006. Therefore, the design must commence to allow construction to take place in the Fall of 2005. The cost of 56,500 excluding GST is within the approved budget. Council's concurrence with this report would be appreciated. Prepared by: Mike DiPaola Project Manager Approved J;y: Ed Dujlotic, P.Eng. Director of Municipal Works Respectfully submitted: vi. ohn MacDonald Chief Administrative Officer S:\REPORTS\2005 Reports\MW- 2005 -43 Consultant Services for McRae Stamford Streets Reconstruction.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Niagara Car of Niagara Falls( Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department FS-2005-02 Fire Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: pburke @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 18, 2005 Re: FS- 2005 -02 Architectural Design Services for Fire Station 6 Patrick Burke Fire Chief That Proposal P52 -2004 for Architectural Services Replacement of Fire Station #6, 8061 Schisler Road, be awarded to Raimondo Associates Architects Inc. of Niagara Falls, Ontario for the tender amount of $64,000.00 including all disbursements, taxes extra. The proposal is to build a new modern volunteer fire station on the existing site. The building is one storey, and would have three apparatus bays, two small offices, a meeting area, bunker gear storage /drying area, kitchen, small gym area and complete washroom facilities. The request for proposals was sent out in October 2004 for Architectural Services for the replacement of the existing station as per Council's direction. The request closed with 11 companies submitting bids. The bids ranged from $49,000.00 to $93,000.00. The Committee that was formed to evaluate the proposals included: a Station #6 Volunteers Building Committee; Tom Mussari, Manager of Building Services, Fire Chief Patrick Burke; and Assistant Chiefs Ruddell and Smith. The Committee decided to interview the four (4) lowest bidders with the companies making their presentations on January 27, 2005. The Committee then followed Regional Niagara's "Consulting Engineers and Architects Retention Policy" and unanimously selected Raimondo Associates Architects Inc. The rating categories were. applicable technical expertise and resources; team strength and leadership; same or very similar project experience; past performance record; project understanding; methodology; local expertise factor; interview result; quality assurance program; and cost factor. Copies of the individual ratings are available. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Proposal Received From: Amount Francesco Alaimo Architect Woodbridge ON $49,000.00 Additional fees not included* Venerino V.P. Panici Architect Inc. St. Catharines, ON $54,000.00 Some additional fees not included* Raimondo Associates Architects Inc. Niagara Falls, ON $64,000.00 Includes disbursements Bortolotto Design Architect Inc. Toronto ON $64,900.00 Includes disbursements April 18, 2005 It should be noted that these proposals do not include all the fees included in the latter two. In addition, it should be noted that Raimondo Associates Architects Inc., a local business, has been selected by the City for other projects including the Niagara Falls Fire Administration building and the addition to Station 1. They were also engaged by Port Colborne and Thorold as well as with other regional buildings for emergency services. The Manager of Building Services is very satisfied with the engineers and contractors utilized by Raimondo Associates Architects Inc. FINANCING: There are sufficient funds identified in the 2005 Capital Budget to fund this purchase. Colin Ruddell Assistant Chief ended by: atrick Burk" Fire Chief Respectfully submitted: John MacDonald Chief Administrative Officer FS- 2005 -02 Niagara Cara of Niagara Falls( Canad� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department FS- 2005 -03 Fire Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356 -7404 E -mail: pburke @city.niagarafalls.on.ca Re: FS- 2005 -03 Pelmorex All Channel Alert April 18, 2005 Patrick Burke Fire Chief That Council send a letter of support to Pelmorex for their application to the CRTC for an "All Channel Alert" System. Attached please find a proposal by Pelmorex. They are seeking support for an application to the CRTC for an "All Channel Alert" system which is an emergency warning system for Canadians that would alert communities of impending local emergencies. This system appears to be similar to the currently used system by the American channels to provide weather warnings. Staff believes that this system will be a valuable tool for our community to provide an early warning to the residents of Niagara Falls. It is also supported by the Canadian Association of Fire Chiefs as a necessary system for community notifications. Although Staff does not believe it would be available to those without cable or a satellite system, it should reach the majority of citizens. With our Mock Emergency Exercises, Staff has often commented that our current method of notifying affected residents of toxins in the air, major spills, etc. is lacking. This system could enhance our capabilities. Working Together to Serve Our Community Municipal Works Fire Sery ices Parks, Recreation Culture Business Development Building By -Law Services April 18, 2005 Currently, Staff is also investigating the automated phone call system for similar purposes. Presared by: Ruddell Assistant Chief mended by: Patrick Burke Fire Chief 2 Respectfully submitted 1m John MacDonald Chief Administrative Officer FS- 2005 -03 p PELMOREX Monday, March 7, 2005 Mr. Patrick R. Burke Fire Chief Niagara Falls Fire Department 5809 Morrison Street Niagara Falls, ON L2E 2E8 Dear Mr. Burke: Re: Pelmorex's All Channel Alert (ACA) proposal CRTC Application #2004 1260 -2 ricCEIVED MAR 1 1 2005 r�rx IriC04 CI i Oh NIAGARA I am writing to seek your support for Pelmorex's All Channel Alert service, an emergency warning system for Canadians that would alert communities of impending local emergencies threatening life or property with a television broadcast message. ACA will provide a vital tool in every municipality's emergency preparedness strategy. The federal broadcast regulator, the Canadian Radio television and Telecommunications Commission (CRTC), will soon be initiating a public proceeding to consider our proposal. I urge you to seek your Council approval to support our application now, so that you can respond quickly when the CRTC calls for public input. How ACA works The ACA service will notify television viewers immediately if an emergency situation is fast developing in their community, no matter what channel they are watching on cable or satellite. Only messages from authorized government agencies, like Environment Canada or local municipalities, will be broadcast. And only viewers in the affected community are notified. An "emergency" is defined as an imminent or unexpected threat to life and property such as tornadoes, severe thunderstorms, hailstorms, earthquakes, forest fires, acts of terrorism, and chemical spills. Please see www.allchannelalert.com for details. We have submitted our ACA proposal to the CRTC, requesting an amendment to our broadcast licence and approval of a monthly fee of 8¢ per television subscriber to offset capital and operating costs. This funding approach is similar to the 911 emergency telephone service. Pelmorex first applied to provide this service in 2000, and while the CRTC recognized the important public policy need for an ACA service, it turned down our application because of certain implementation concerns. It acknowledged strong support from government and emergency agencies and set out criteria for a successful application, to which we have now responded. 1 Robert Speck Porkwoy, Suite 1600 Mississauga, Ontario 14Z 4B3 Tel./Tel. 905.566 9511 fax /Telec.:905.566.5905 www.pelmorex.ca .../2 The Pelmorex Family La famille Pelmorex The Weather Network MeteoMedia PELMOREX Stakeholders support ACA The current CRTC process is well underway and it will soon call for public comment. We had more than 100 letters of support last time from municipalities across Canada, as well as dozens of other letters of support from such groups as the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, the Federation Quebecoise des Municipalites, the Canadian Association of Fire Chiefs, and the Canadian Emergency Preparedness Association. However some municipalities who wanted to endorse our proposal in 2000 ran out of time to bring a supporting motion to Council in the comment period allowed by the CRTC. We urge you to take steps today within your municipality for approval to send a letter of support. I invite you to visit our ACA website at www.allchannelalert.com. If you have any questions or need further information, please send us an email at aca2005@on.pelmorex.com or call me personally at 905 -566 -9511 ext 271. We will let you know when the CRTC Public Notice is issued calling for public input on our ACA application. Your support is essential to the approval of this application which will provide municipalities with a rapid, automated way to reach its citizens in times of emergency. Sincerely, Paul Temple Sr. Vice President, Corporate Development Pelmorex Communications Inc. Pelmorex is best known as the owner of The Weather Network and MeteoMedia, and we are leaders in providing customized weather related content and services to business and consumer markets in Canada. The Pelmorex Family La famille Pelmorex The Weather Network MeteoMedia p PELMOREX All Channel Alert backgrounder for municipalities The ACA (All Channel Alert) is an emergency warning service that would allow authorities to alert communities of impending local emergencies threatening life or property with a message on their television screens. No matter what television channel you are watching on cable or satellite, you will be notified in seconds if an emergency situation is developing that affects your area. An "emergency" is defined as an imminent or unexpected threat to life and property caused by a severe weather disturbance, natural disaster or other similar type of emergency situation. Examples are tornadoes, severe thunderstorms, hailstorms, earthquakes, forest fires, acts of terrorism, chemical spills and nuclear waste accidents. What are the benefits of the ACA service? It is quick, efficient and reaches a large number of people in seconds; it delivers the message unaltered from the authorized government agency, and therefore is not subject to interpretation; it is available in both official languages; it targets the message only to the local viewing area affected by the emergency. Who will be authorized to send emergency alerts besides Environment Canada? In conjunction with federal, provincial and territorial authorities Pelmorex proposes to make this service available to local government authorities such as municipalities. While Pelmorex will control the transmission of the emergency messages, authorized government agencies will determine their content and identify to whom they are directed. What will it cost municipalities? There is no charge for ACA authorized users. Pelmorex has applied to the CRTC for a monthly fee of 80 per cable or satellite subscriber to offset capital and operating costs, including user training and public education. This funding approach is similar to the 911 emergency telephone service. Who is Pelmorex? Pelmorex Communications Inc. is the Canadian company behind the ACA technology. We own and operate The Weather Network and Mote°Media, which are distributed to more than 10 million Canadian households and businesses. Pelmorex is a leader in providing customized weather related content and services to business and consumer markets in Canada, including www.theweathernetwork.com and www.meteomedia.com. What is the timetable for approval? The CRTC process is underway with a public comment period expected soon and a final decision expected by fall. The CRTC takes public support into account in its decisions. How can we support ACA? Please write to the CRTC. To see what others have said about the ACA service, and for tips on preparing your letter of support, visit our website or e-mail us. Thank you! For more information about ACA, please visit www.allchannelalert.com or e-mail aca2005@on.pelmorex.com The Pelmorex Family La famine Pelmorex The _NLetit ber Network McIedM €dla