The URL can be used to link to this page

2006/02/20COUNCIL MEETING Monday, February 20, 2006 Order of Business and Agenda Package The City of Niagara F III Canada PRAYER: Alderman Jim Diodati COUNCIL MEETING February 20, 2006 ADOPTION OF MINUTES: Council Minutes of February 6, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS Mayor's Youth Advisory Committee Members of the Committee would like to make a deputation to Council to introduce the new committee, executive and advise Council of their Work Plan for the school year. MAYORS REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. The Fresh Air Fund request that March 20, 2006 be proclaimed as Fresh Air Fund Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 2. Ministry of Transportation Dedicated Gas Tax Funds for the Public Transportation Program RECOMMENDATION: Council approve the report and pass the by -law on tonight's agenda. 3. Niagara Health System Correspondence from the Chairman and President and C.E.O. regarding their organization's deputation of February 6 2006. RECOMMENDATION: For the Information of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) RATIFICATION OF CORPORATE SERVICES (Alderman Wayne Campbell, Chair) CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2006 -02 Municipal Voter View (M.V.V.) Memorandum of Understanding with DataFix F- 2006 -13 2006 Major Receivables Year- End Report F- 2006 -14 Cancellation, Reduction or Refund of Taxes under Section 357 and 358 of the Municipal Act F- 2006 -15 Sewer Consumption Rebate Summary MW-2006-21 Montrose Business ParkNVarren Creek Stormwater Management Works Consulting Engineering Services. PD- 2006 -18 Background on the Downtown Community Improvement Plan and Strategic Implementation Plan 3 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -31 A by -law to establish Part 3 on Reference Plan 59R -12985 as a public highway, to be known as and to form part of Mulhern Street. 2006 -32 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12976 as a public highway, to be known as and to form part of Dunn Street. 2006 -33 A by -law to establish Part 3 in Reference Plan 59R -12976 as a public highway, to be known as and to form part of Ailanthus Avenue. 2006 -34 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. 2006 -35 A by -law to establish Block 101 on Registered Plan 59M -315 as a public highway, to be known as and to form part of Parkside Road. 2006 -36 A by -law to establish Block 45 on Registered Plan 59M -340 as a public highway, to be know as and to form part of St. Michael Avenue. 2006 -37 A by -law to establish Block 48 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -38 A by -law to establish Block 49 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -39 A by -law to establish Block 50 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -40 A by -law to establish Block 51 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. 2006 -41 A by -law to establish Block 52 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. 2006 -42 A by -law to establish Block 53 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. 2006 -43 A by -law to establish Block 54 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -44 A by -law to authorize the execution of a memorandum of understanding with DataFix for the Municipal VoterView (MW) Services. 2006 -45 A by -law to amend By -law Nos. 395, 1966 and 79 -200, to put the property under By -law No. 79 -200 and provide regulations for tourist commercial and prestige industrial developments. 2006 -46 A by -law to authorize the execution of a letter of agreement with the Ministry of Transportation. 2006 -47 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20 day of February, 2006. NEW BUSINESS Teresa Fabbro Re: Fwd: Request for deputation From: Dean lorfida To: Teresa Fabbro Date: 11/25/2005 9:10:06 AM Subject: Re: Fwd: Request for deputation Put in January 23rd File, for next year. Thanks Dean Lori Albanese 11/25/2005 9:09:16 AM that was fast. thanks Dean. L Dean lorfida 11/25/2005 9:08 AM Yes, January 23rd should be fine. Lori Albanese 11/25/2005 9:08:05 AM Hi Dean, Earlier in November I requested a date for a deputation (see below). However, I understand that Council will be working on the budget again for the Dec 12 meeting. Therefore, The Mayor's Youth Advisory Committee will wait until January most likely Jan. 23 if there is a meeting on that date Please confirm if this date can be tentatively approved. Thanks, Lori Lori Albanese 11/22/2005 11:37 AM Hi Dean, The Mayor's Youth Advisory Committee would like to make a deputation at Council on Dec. 12 to introduce the new committee, and executive and advise Council of their Work Plan for the school year. Is there room on the Agenda? Lori Page 1 Office of the Mayor Inter Department Memorandum TO: Dean Iorfida FROM: Kristine Speck Ext. 4205 RE: Council Information Hello Dean: Would you please have the attached letters from the Fresh Air fund regarding a Proclamation distributed to the Council. Thanks, DATE: February 8, 2006 633 third avenue new york, ny 10017 Mayor Ted Salci Mayor's Office The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario Canada L2E 6X5 Dear Mayor Salci: the Fresh Air fund serving children since 18 This year, The Fresh Air Fund is celebrating its 130 Anniversary of providing free summer vacations in the country to low- income children from New York City. This summer, close to 5,000 boys and girls between the ages of six and 18 will participate in the Friendly Town program. They will visit the homes of volunteer host families living in rural and suburban communities throughout 13 northeastern states and Canada. Hundreds of New York City youngsters will be visiting volunteer host families in and around the Niagara Falls, Ontario area. Since 1877, The Fresh Air Fund has provided free country vacations to more than 1.7 million children from low- income neighborhoods. Fresh Air Fund children leave hot city streets behind for two weeks of simple summertime fun running through grassy fields, swimming in country lakes, catching fireflies at dusk, and sleeping under skies filled with stars. For many of these children, a free Fresh Air vacation is their first experience away from the inner -city. More than 65% of Fresh Air Fund youngsters return to visit host families year after year. There are many more New York City youngsters who can benefit from summer days spent in suburban and small town communities. We would greatly appreciate your help with reaching out to families who might enjoy hosting Fresh Air Fund children this summer by proclaiming March 20, 2006 "Fresh Air Fund Day in Niagara Falls." Your participation will be a great help to the host recruitment efforts of our volunteer leaders in your state. Enclosed please find a sample proclamation and background materials for your review. Thank you for your time and consideration. Eileen Lucas Port Colborne (905) 646-2046 www.freshair.org OFFICERS Arthur Ochs Sulzberger, Chairman Emeritus Mrs, Donald Newhouse, Chairman of the Board John N. Irwin 111, President Ruth W. Houghton, Vice President Cynthia Sulzberger, Vice President Winthrop Rutherfurd, Jr., Secretary Derrick D. Cephas, Treasurer DIRECTORS Tiki Barber Tom A. Bernstein Mariah Carey Sharon Saul Davis Barbaralee Diamonstein- Spielvogel Wendy R. Flanagan Tommy Hilfiger Howard B. Johnson Judith A. Langan William P. Lauder Joseph J. Magliocco Eugene R. McGrath John D. McMahon Katherine M. Morris Kenneth F. Mountcastle, Jr. Brandon Reid Betsy Shiverick Jacqueline Albert Simon Sidney Sutter Stuart B. Upson Philip M. Waterman III Marc P. Weill Janice Savin Williams Lisa Witten Frank D. Yeary Caryn Zucker LIFE DIRECTOR Whitelaw Reid EXECUTIVE DIRECTOR Jenny Morgenthau Sincerely, Jenny Morgenthau Executive Director t 800 367 0003 t 212 897 8900 633 third avenue new york, ny 10017 the Fresh Air fund serving children since 1877 WHEREAS The Fresh Air Fund provides free summer vacations in the country to close to 10,000 New York City youngsters each summer, and WHEREAS The Fresh Air Fund allows city youngsters to visit the homes of volunteer host families in 13 states and Canada, and WHEREAS Niagara Falls, Ontario, families have been participating in The Fresh Air Fund Friendly Town Program for over 125 years, and WHEREAS The Fresh Air Fund allows New York City youngsters to enjoy Niagara Falls, Ontario, beaches, backyards, parks, and wide open spaces, and WHEREAS The Fresh Air Fund is celebrating its 130 Anniversary, NOW, THEREFORE BE IT RESOLVED THAT I, Ted Salci, Mayor of Niagara Falls, Ontario, do hereby proclaim March 20, 2006 to be: "FRESH AIR FUND DAY" in Niagara Falls, Ontario, in recognition of the valuable summertime experiences offered by The Fresh Air Fund. www.freshair.org OFFICERS Arthur Ochs Sulzberger, Chairman Emeritus Mrs. Donald Newhouse, Chairman of the Board John N. Irwin III, President Ruth W. Houghton, Vice President Cynthia Sulzberger, Vice President Winthrop Rutherfurd, Jr., Secretary Derrick D. Cephas, Treasurer DIRECTORS Tiki Barber Tom A. Bernstein Mariah Carey Sharon Saul Davis Barbaralee Diamonstein Spielvogel Wendy R. Flanagan Tommy Hilfiger Howard B. Johnson Judith A. Langan William P. Lauder Joseph J. Magliocco Eugene R. McGrath John D. McMahon Katherine M. Morris Kenneth F. Mountcastle, Jr. Brandon Reid Betsy Shiverick Jacqueline Albert Simon Sidney Sutter Stuart B. Upson Philip M. Waterman III Marc P. Weill Janice Savin Williams Lisa Witten Frank D. Yeary Caryn Zucker LIFE DIRECTOR Whitelaw Reid EXECUTIVE DIRECTOR Jenny Morgenthau t 800 367 0003 t 212 897 8900 633 third avenue new york, ny 10017 the Fresh Air fund serving children since 1 877 FACTS ABOUT THE FRESH AIR FUND THE FRESH AIR FUND, an independent, not for profit agency, has provided free summer vacations to more than 1.7 million New York City children from low- income communities since 1877. More than 10,000 New York City children enjoy free Fresh Air Fund programs annually. In 2004, over 5,000 children visited volunteer host families in suburbs and small town communities across 13 states from Virginia to Maine and Canada. 3,000 children also attended five Fresh Air camps on a 2,300 -acre site in Fishkill, New York. The Fund's year -round camping program serves an additional 2,000 young people each year. FRESH AIR CHILDREN Children are selected to participate in The Fresh Air Fund Friendly Town program based on financial need. Children are from low- income communities, with the majority receiving some form of public assistance. Fresh Air youngsters are registered by more than 80 social service and community organizations in all five boroughs of New York City. FRESH AIR FUND FRIENDLY TOWN PROGRAM Fresh Air children, boys and girls from six to 18 years old, visit over 300 Fresh Air Friendly Towns in the summer. Fresh Air children on first -time visits to Friendly Town host families are six to 12 years old and stay for two weeks. The program also has a special one -week option for New York City families who would like to host children on their summer vacations in the country. Over 65 percent of all children are reinvited to stay with host families, year after year. Reinvited youngsters may continue with The Fund through age 18, and many spend the entire summer in the country. Fresh Air children and volunteer families often form bonds of friendship that last a lifetime. FRIENDLY TOWN HOST FAMILIES Fresh Air Fund volunteer host families open their homes to inner -city children for two weeks or more in the summertime. Each Friendly Town community is supervised by a committee of volunteers. Committee members select host families after reviewing their applications, visiting them in their homes and checking their personal references. There are no financial requirements for hosting a Fresh Air child. Most hosts simply want to share their homes with inner -city youngsters. Host families are not paid. The Fund has a program for placing children who have special physical or emotional needs. www.freshair.org EXECUTIVE DIRECTOR Jenny Morgenthau t 800 367 0003 t 212 897 8900 OFFICERS Arthur Ochs Sulzberger, Chairman Emeritus Mrs. Donald Newhouse, Chairman of the Board John N. Irwin III, President Ruth W. Houghton, Vice President Cynthia Sulzberger, Vice President Winthrop Rutherfurd, Jr., Secretary Derrick D. Cephas, Treasurer DIRECTORS Tiki Barber Tom A. Bernstein Mariah Carey Sharon Saul Davis Barbaralee Diamonstein- Spielvogel Wendy R. Flanagan Tommy Hilfiger Howard B. Johnson Judith A. Langan William P. Lauder Joseph J. Magliocco Eugene R. McGrath John D. McMahon Katherine M. Morris Kenneth F. Mountcastle, Jr. Brandon Reid Betsy Shiverick Jacqueline Albert Simon Sidney Sutter Stuart B. Upson Philip M. Waterman 111 Marc P. Weill Janice Savin Williams Lisa Witten Frank D. Peary Caryn Zucker LIFE DIRECTOR Whitelaw Reid FRESH AIR FUND CAMPING PROGRAM 3,000 New York City youngsters, ages eight to 15, attend five Fresh Air camps on a 2,300 -acre site in Fishkill, New York. Camp Hidden Valley is for boys and girls with and without special needs, eight to 12 years old; Camp Tommy is for 12- to 15- year -old boys; Camp Anita Bliss Coler is for girls, nine to 12 -years old; Camp Hayden -Marks Memorial is for nine- to 12- year -old boys, and Camp Mariah is a coed camp for 12- to 14- year -old career campers. Additionally, 2,000 young people participate in year -round weekend camping experiences. Special features shared by all camps include a planetarium, model farm, wilderness trail and ropes course. Camp Tommy is named in honor of Board member /designer Tommy Hilfiger for his dedication and support of Fresh Air children. CAREER AWARENESS PROGRAM The Fresh Air Fund's innovative Career Awareness Program is designed to help New York City youngsters understand the relationship between school and work and how to make choices that will determine their futures. In New York City, 12- to 14- year -olds participate in job shadowings that offer close -up views of business and a career fair. The year -round program includes weekend camping trips and an intensive three- and -a -half week summer session at the Career Awareness Camp Camp Mariah. The career camp is named in honor of Board member /singer Mariah Carey for her dedication, support and commitment to Fresh Air youngsters. Career awareness graduates continue to receive support through the PreOccupations Club and benefit from the guidance of volunteer mentors. FRESH AIR FUND HISTORY In 1877, the Reverend Willard Parsons, minister of a small rural parish in Sherman, Pennsylvania, asked members of his congregation to provide country vacations as volunteer host families for children from New York City tenements. This was the beginning of The Fresh Air Fund tradition. By 1884, Reverend Parsons was writing about The Fund for New York's Herald Tribune, and the number of children served grew. In 2005, close to 10,000 New York City children experienced the joys of summertime in Friendly Towns and at five Fund camps in upstate New York. FRESH AIR FUND CONTRIBUTIONS The Fresh Air Fund is a not for profit agency, depending primarily on support from private contributions. It costs The Fresh Air Fund $629.00 for a visit with a volunteer host family and $1,234.00 to send a child to Fresh Air camp. Over 80% of The Fund's contributions come from individual donors. Tax deductible contributions may be sent to The Fresh Air Fund, 633 Third Avenue, 14 Floor, New York, NY 10017. Families who wish to be hosts may call The Fund at (800) 367 -0003. NEW YORK CITY VOLUNTEERS The Fresh Air Fund has an active group of New York City volunteers. Metropolitan area volunteers help The Fund reach out to New York City parents and children, support Camping, Career Awareness and Friendly Town programs and seek in -kind donations. To volunteer, call (212) 897 -8900 or visit www.freshair.org. SPOKESPERSON FOR THE FUND Jenny Morgenthau, Executive Director (212) 897-8898 PUBLICITY CONTACTS Amanda Cortese, Public Relations Director (212) 897-8890 Andrea Kotuk, Andrea Associates (212) 353-9585 FEB 03 FM N I U F "IUN 1 L 1 YHL urr i Lt i b COO JD r s I V i MUJO r'O..I.J r Ministry of Min /stirs des Transportation Transports Office of the Minister Bureau du mintstre Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto Ontario M7A 1Z8 416 327-9200 Www.mto.gov.on.ce February 3, 2006 His Worship Ted Salci Mayor The City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci: Edifice Ferguson, 3' Stage 77, rue Wellesley ouest Toronto (Ontario) M7A 1ZB 416 327.9200 www.mto.gov.on.ce Ontario I am pleased to advise you that we are continuing to deliver on our commitment to dedicate two-cents per litre of the provincial gas tax to municipalities for public transit. Between October 2004 and October 2005 we provided $156 million of gas tax funding, starting with one -cent per litre towards 83 transit systems serving 110 municipalities. This year between October 2005 and October 2006 we will provide $232 million in gas tax funding, or one and one -half cents per litre, The City of Niagara Falls will be eligible to receive an allocation of $823,851 for the period October 1, 2005 to September 30, 2006, Payments will be made on a quarterly basis. The first two payments will be sent to your municipality as soon as we receive your signed agreement and supporting by -law. Enclosed you will find a Letter of Agreement and the 2005/2006 Guidelines and Requirements. The Dedicated Gas Tax Funds for the Public Transportation Program is one element of our government's commitment to build a transit culture, and is part of the largest provincial investment in public transit over a decade. In 2005 -06, we are investing over $800 million in public transit that's almost 50 per cent more than last year. Through our transit programs, our government is providing long -term, sustainable transit funding that meets provincial and local transit priorities and that municipalities can continue to count on. r eic uo FEB {7J c ik1b 1 G Gd rl< I'I I U I'IUN I L I rHL Vrr 1 Lt t o GJJ JJ (J IV J I JYJJJ f 4JJJ f You are probably aware that we have been consulting extensively over the summer with municipalities on how to further improve and clarify the Dedicated Gas Tax Funds for the Public Transportation Program. The results of those consultations provided valuable input into revising and clarifying the eligibility criteria and mechanisms for reporting to the province on outcomes. Please retum two copies of the signed Letter of Agreement by February 28, 2006 to the Transit Policy and Programs Office, Ministry of Transportation, 2 Floor, Building B, 1201 Wilson Avenue, Downsview, ON, M3M 1J8. Please also include a record of your supporting Council by -law. This will help ensure that your municipality receives its payment as soon as possible so that the funds can be used to improve public transit in your municipality. Sincerely, Harinder S. Takhar Minister of Transportation Encl. (original and attachments to be sent by mail) 2 r YJJ/ GJ TOTAL PAGE.03 Feb, 13. 2006 12:10PM NHS Corporate Svcs No. 3384 P. 2 February 10, 2006 Mr. Dean Iorfida, City Clerk Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Iorfrida: Thank you, as Clerk of Niagara Falls City Council, for the opportunity to have representatives of the Niagara Health System (NHS) attend Council on February 6th, 2006 to explain the matter of utilization as it pertains to bed closures at the Greater Niagara General (GNG) site and our measures to comply with the Province of Ontario's Hospital Accountability Process (HAPs). In reflecting upon the events leading up to the presentation and events at Council on February 6' we need to express our disappointment at how the meeting proceeded particularly around the inappropriate and disrespectful comments that were made. Some very personal attacks were made at the meeting, and at times, our NHS representatives in attendance were not treated with respect. As the meeting proceeded, it was apparent that there was an understanding or expectation of some councillors that the CEO personally was to be at the Council meeting. From correspondence received and through conversations, it was not our understanding that the request was for the CEO to personally attend, but rather representatives from the NHS. It was communicated to you as Clerk in the weeks prior as to whom from the NHS would be attending and this was acknowledged by your follow -up call to Mr. Frank Demizio, Vice President Clinical Services with responsibility for the Greater Niagara General (GNG) site. NHS as the leading provider of patient care to 420,000 residents across the peninsula is a very complex organization with multiple demands and accountabilities reflective of the hundreds of thousands of patient treatments we provide each year through our 4,200 staff, 500 medical staff and .1,000 volunteers serving at our seven sites. As you can appreciate, the CEO is supported by an excellent team of professionals who are expert in the portfolios for which they hold responsibility. While the CEO cannot personally attend every meeting request that is brought forward, we do our best to provide the most suitable and expert representative to speak to particular issues. In this instance, as the request was on bed closures and utilization, the two most appropriate individuals Dr. Craig Muir, Regional Chair of Utilization, and Mr. Demizio were provided to Council to lead the discussion. Facts on chest we serve Bring out the best In each other NIAGARA HEALTH SYSTEM SYSTEME DE SANTE DE NIAGARA TOGETHER IN EXCELLENCE— LEADERS IN HEALTHCARE CO Build strong and wig Create a fuccatstul(etatronships Iv A better way i e r USA our resources ■a■ wise/ ■o� Corporate Office 155 Ontario Street St. Catharines, ON l2R 5K3 (905) 378-4647 X43110 Feb. 13. 2006 12:11PM NHS Corporate Svcs No.3384 P. 3 Mr. Dean Iorfida, City Clerk Page 2 February 10, 2006 In the most recent instance, we were invited to Council to explain bed closures and we did, preparing a very detailed presentation for Council's overview. The presentation provided outlined a compelling, fact -based approach using Ministry of Health and Long -Term Care (MOHLTC) comparators and data to demonstrate that the number of hospital beds is not the sole measure upon which to gauge service delivery to patients. Furthermore, the presentation showed that in the past six years, while the NHS has closed 60 beds across all of its sites, it has provided an increased number of hospitalizations to patients. By improving processes during hospitalization, advancing medical treatment through more improved diagnostic technologies and more effective drug treatments and therapies, we are able to provide more service to more patients. Finally, we understand that Council has requested a meeting of NHS administrative representatives, doctors, nurses, councillors and Niagara Falls MPP Kim Craitor to review our bed closures and discuss other matters. It needs to be emphasized that the NHS Board of Trustees has a legally binding agreement with the MOHLTC under the Hospital Accountability Agreement (HAA) to implement our HAPs plan. The jurisdiction and decision making lies with our Board of Trustees, a volunteer board made up of community members, which governs and manages the NHS as set out under the Public Hospitals Act. Our HAPs plan outlines savings of $19.3 million in order to balance by March 31, 2007. This plan follows the process specifically set out by the MOHLTC and has been fully discussed and vetted with the Ministry over the course of many months and many meetings. The MOHLTC has approved the initiatives contained within our plan, including the bed closures, having provided them with the same information we have provided you. Therefore, having already provided Council with this same information, we will be proceeding with these bed closures according to our legal agreement with the MOHLTC and we see no benefit in re- opening further discussions with councillors on this issue. Therefore, if Council continues to have concerns, these concerns are better directed to the MOHLTC and MPP Kim Craitor, who has advised us that he is advocating for more funding for the NHS. We are committed to ensuring that Niagara and its individual local communities are served by a patient- focused, responsive network of local hospital sites. The unique care needs of the people of Niagara Falls are as equally important to us as all other communities in our region. As the NHS, we have secured provincial support to help fund important infrastructure improvements like the new CT scanner, MRI and the Emergency and Ambulatory Project currently under construction at the GNG site. We are currently working on provincial approvals to enable greatly needed renovations for our Complex Continuing Care services on the Trillium Unit, our Mental Health unit, and the Operating. Rooms. Added to this is the work underway to establish a satellite dialysis centre at the GNG site to minimize the burden on Niagara .Falls residents who require this life saving treatment. These are critical initiatives that we hope Council can work with us on for the sake of patients and families. his on those we serve Bring gut the post in eibl ether Buld and SYCLesadW Rlitionships Mull a better way Uso o totoMVCes ■t■ �'7 Feb, 13. 2006 12:11PM NHS Corporate Svcs No.3384 P. 4 Mr. Dean lorfida, City Clerk Page 3 February 10, 2006 It is in the best interest of the patients and communities we serve to have a good working relationship with all municipalities. We have established quarterly briefings with elected officials in Niagara, having just .held our seventh briefing on February 8th. We have personally attended and presented at all sessions. We certainly encourage your councillors to attend these meetings to hear regular updates regarding the NHS. We understand concern was expressed at your Council meeting regarding the time of these sessions. We certainly can look at alternate times, if that would facilitate increased attendance from Council members. To this end, we certainly hope moving forward we can work collaboratively and respectfully with members of Council on matters of mutual concern. Sincerely, aGeeze_)zievese-0 Paul D. Leon Debbie Sevenpifer Chairman President and Chief Executive Officer NHS Board of Trustees Niagara Health System. w o n thou firma out the best in eiN other CD Build strong and suceersfur relatlonshlos Create a better way •e Us2 our UMW/CM ■Da wised Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: February 6 Deputation of the NHS Working Together to Serve Our Communit The City of Niagara Fall Canada Date: February 20, 2006 Further to the letter from the Niagara Health System that appears on your agenda, I would like to remind Council of the motion that was passed on December 12t 2005 that precipitated the deputation: ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that MPP Kim Craitor, the NHS and representatives for the Doctors and Nurses at GNGH be invited to a Council meeting to discuss the issue noted above (the closure of medical beds at GNGH). Carried Unanimously Ms. Sevenpifer, in the NHS, correctly points out that the request was for representation from the NHS at a future Council meeting. Even if the motion had stipulated Ms. Sevenpifer specifically, it would be the call of the NHS to send the individuals that were most qualified to attend. Also, it would not be appropriate for municipal staff to presuppose who should attend from an external organization. Finally, all individuals or groups that appear in the Council Chambers should be treated with proper decorum and respect. Although Council members and municipal staff may be comfortable with the sometimes adversarial nature of debate that occurs in the Council Chambers, others may not. Representatives of outside organizations may be reluctant to attend Council meetings if they feel they may be interrogated during their appearance. Dean lorfida RE: Hospital bed Closure at GNGH Page 1 From: Dean lorfida To: DSevenpifer @niagarahealth.on.ca Date: 1/27/2006 9:09:29 AM Subject: RE: Hospital bed Closure at GNGH Dear Ms. Sevenpifer: Firstly, thank you for your response to Mayor Salci's recent letter regarding reported bed closures at GNGH. Although your response seems reasonable, Niagara Falls City Council wishes you to attend a future meeting to discuss the matter. Also, invited to the meeting would be Kim Craitor, M.P.P. I have first made contact with Mr. Craitor's office because often the politician's schedule are the most difficult to arrange. I apologize that I have yet to make formal contact with you but I was awaiting confirmation from Mr. Craitor's office. My understanding is that you have had some discussions on this and it looks like the originally proposed date of February 6th is the most suitable. My further understanding is that Mr. Craitor's schedule indicates that he would not be available until 9:00 p.m. The other date available for Council is February 20th. I will call your office today to confirm the date and time or if you want to send me a response via e-mail that would be great. Sincerely, Dean lorfida City Clerk Niagara Falls 905 356 -7521, Ext. 4271 "Planche_Ron" <rplanche @liberal.ola.org> 1/23/2006 1:03 PM Hi Dean: Kim is scheduled to be back at Queen's Park on all the dates mention. He is however prepared to make every effort to attend the February 6th Meeting of Council. He will leave the city right after his duties and will be prepared to discuss this issue with Council. Kim was wondering if he could speak to Council at 9pm on the 6th. We know that this is a deviation from procedure but Kim was hoping the municipality would be willing to accommodate this request due to the importance of the issue. By the way of this email he will notify the NHS of his intent to meet with you. Ron Planche Executive Assistant to Kim Craitor, MPP for legislative matters Phone: (905)357 -0681 Queen's Park (416)325 -0790 Mobile: (905)401 -5699 Home: (905)357 -0809 Email: rplanche aaliberal.ola.org Email2 ronplanchetcogeco.ca Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department CD- 2006 -02 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 February 20, 2006 Re: CD- 2006 -02 Municipal Voter View (M.V.V.), Memorandum of Understanding with DataFix Dean lorfida City Clerk That the Mayor and Clerk be authorized to sign the memorandum of understanding with DataFix for the Municipal Voter View (M.V.V.) product. As Council is well -aware 2006 is a municipal election year. The clerk of a local municipality is responsible for conducting elections. Naturally, Clerks' election staff looks for ways to improve the election process each triennial. One of the key components of each municipal election is the voters' list. Each municipality receives the voters' list from the Municipal Property Assessment Corporation (M.P.A.C). For a variety of reasons, too numerous to mention, countless revisions are required of the voters' list from receipt of the preliminary list at the end of July until election day; therefore, the review, revision and maintenance of the voters' list becomes a major task during the election process. From the voters' list, voter identification notices (V.I.N. a.k.a. voters' cards) are produced as the election approaches. In 2003, the municipality used an application from the VADIM system that was already being used through the Finance division. Although it was convenient and inexpensive to use, staff found the VADIM application to be cumbersome. If it were not for the on -site support that we received from the Vadim Computer Management Group, we would not have been able to print the voters' list for our use during the last elections. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development February 20, 2006 In anticipation for this year's election, Clerks' election staff, in conjunction with Information Systems staff, has reviewed electoral data management programs from a couple of additional companies: DataFix and Direct IT. After careful review, staff is most impressed with the Municipal VoterView program offered by DataFix. Municipal VoterView is an Internet -based product designed specifically to assist in preparing and monitoring the municipal voters' list. The data comes from MPAC. The program will simplify the process of finding voters, adding, deleting or changing voter information, obtaining voter count reports and accessing custom extracts of voter information. Staff sees the following benefits of the program: the ability to make corrections to the voters' list and maintain these changes. this web -based program will allow voters, through the City's website, to see if they're on the voters' list and where their polling station is. ease of look up for staff. They will no longer have to thumb through numerous hard copy volumes of the voters' list. will allow for the quick compilation of who voted during the advanced poll. This will be helpful to candidates and election day staff. the program allows in -house printing of the Voter Notification Cards and additional reports. It may also allow cost savings in the printing of ballots. The cost of M.V.V. is $10,500 plus applicable taxes. It will be taken from the Clerk's division Elections account. CONCLUSION: The M.V.V. service would be able to provide staff with much easier maintenance of the voters' list. Time will be saved, the frequency of errors will be reduced, and the revised voters' list, approaching election day, will be more reliable. The additional features and reports that can be generated from M.V.V. add to the overall attractiveness of this product. The cost of the product is within the spending limits of staff; however, Council approval is required to authorize the Mayor and Clerk to be able to sign the memorandum of understanding. Prepared by: Bill Matson Records and Elections Coordinator Prep ed and Recommended by: Dean Iorfida City Clerk 2 CD- 2006 -02 Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: rt- ohn MacDonald Chief Administrative Officer Niagara Falls The City of Canada Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Corporate Services Department F- 2006 -13 Tel: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca February 20, 2006 Re: F- 2006 -13 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to December 31 2005. 1. Tax Receivables Current Taxes 2005 2004 Percentage Collected 94% 94% Levy to Date 142,101,948 $137,604,788 Penalties Charged 954,625 897,841 Collections 134,480,885 $130,346,378 Balance 8,575,688 8,156,251 Tax Arrears 2005 2004 Percentage Collected 68% 53% Opening Balance 16,815,838 16,734,068 Penalties Charged 1, 406,604 1,754,634 Collection 12,336,775 9,829,115 Balance 5,885,667 8,659,587 Total Unpaid Taxes 14,461,355 16,815,838 Kenneth E. Burden Director Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development February 20, 2006 -2- F- 2006 -13 Finance staff's increased focus on tax collections, and an improved local economy, have resulted in an improvement in the collection percentage of tax accounts in arrears. 2. Other Receivables Sundry Receivables 2005 2004 Accounts Receivables 805,695.48 1,291,668 Finance staff follows a collection procedure to ensure that accounts are collected in a timely manner. All overdue accounts are charged penalty /interest of 1 -1/4% per month. Prepared by: T. W. Harrison Manager of Finance Recommended by: K.E. Burden Director of Finance Division la/H: \WPFILES \Committee\F- 2006 -13 Major Receivables.wpd Approved by: T. Ravenda Executive Director of Corporate Service pectfully submitted: 24 olm MacDonald Chief Administrative Officer Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: BACKGROUND: Prepared by: T. Harrison Manager of Finance Recommended by: K.E. Burden Director of Finance Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON web site: www.niagarafalls.ca Tel: Fax: E -mail: L2E 6X5 (905) 356 -7521 (905) 356 -0759 afelicetti @niagarafalls.ca February 20, 2006 Re: F- 2006 -14 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION: That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted by: ohn MacDonald Chief Administrative Officer Kenneth E. Burden Director Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development F- 2006 -14 Reduction Amount ICE' 969' L$ j $695.15 L8Z•voi7$ ZS'ZE L6'££$ 1 $435.91 9Z'L6L$ L9'OES$ 1 $1,248.841 v9'68Z' L$ 1 $462.26 L9'9£ I.'ES 6L'Z6Z$ $4,764.351 96'L 1.0‘E$ £L'999$ 1 $68.38 90 $281.45 16S'Ot'£$ OZ LEES 08'Z£S$ L76'01.9$ 9L'ZV9$ $3,501.61 $2,732.08 $1,699.89 $1,559.60 11BZ'SOE$ $148.00 $556.74 $403.31 $0.00 $175.22 99'OOZ$ MILES 11 170 990'n Zv'£65$ 00'0$ Reason for Application 1 Gross or manifest clerical error Damaged by fire, demolition or otherwise 1 Gross or manifest clerical error Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise esr ueq ;o Jo uomiowep '041 i(q pa6ewea I 1 Damaged by fire, demolition or otherwise Gross or manifest clerical error 1 Damaged by fire, demolition or otherwise 1 Became Exempt 1 Became exempt aswuagao Jo uonnowap 'am.; i(q pa6ewe0 1 Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise 1 Dama by fire, demolition or otherwise Damaged by fire, demolition or otherwise I Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise 1 Ceased to be liable to be taxed at rate it was taxed Became exempt 1 Damaged by fire, demolition or otherwise 1 Gross or manifest clerical error Gross or manifest clerical error Gross or manifest clerical error Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise 1 l Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise I Damaged by fire, demolition or otherwise 1 I Gross or manifest clerical error T Taxation Year £OOZ 1 900Z 900Z 9002 9003 9003 9003 So031 17002 1 SOOZ 9003 9003 Sooz_] soott 1 9003 9003 9003 9002 1 9002 Soot 9003 9003 900Z 9003 9003 S00Z 900Z £00Z 9003 9002 v00z b00Z L 900z 1- go pz SOOZ 1 500Z- 9003 L_ SOOZ 1 vooz Appl. I Name and Address of Applicant 2005 -16 1 JUDITH GORDON CAMILUCCI JIM PATTISON DEVELOPMENT LTD RITA JOHN PRINZEN NIAGARA 21ST GROUP INC. ARLO JILL VANCE 705336 ONTARIO LIMITED 705336 ONTARIO LIMITED 1251589 ONTARIO LIMITED JOHN CARMELA BISOGNO JOHN CARMELA BISOGNO HODGSON PROPERTIES INC RIVER REALTY DEVELOPMENT GIOVANNI MARTUCCIO NIAGARA LIFE CENTRE CITY OF NIAGARA FALLS NATIVE HERITAGE REALTY ALPHONSE DONNA VAN ESCH 1532044 ONTARIO INC HEMRAJ PORWAL SHAILI JAIN HANA AMERICA CORPORATION 1 DOMENIC SARAH CHIARELLA GARY GRAHAM CARMEN LANNI 1609652 ONTARIO LIMITED 1609652 ONTARIO LIMITED B W NOMINEECO INC. 1 JOHN ROSS SHIRLEY SMITH BOGDAN LECH NIAGARA FALLS CITY KARGO PROPERTIES INC KEVIN ANNA MCPHAIL EUNSOO KWAK JASOO KOO 1 JOSEPH KATHRYN CHOPP THAI CHILLI HOUSE LTD RALPH TERRIO STAMFORD UNITED CHURCH TRUSTEES 1 KARGO PROPERTIES 1032447 ONTARIO LIMITED NIAGARA WATER PARK PROPERTIES LTD 1 I RACHEL RENO MARCON 1 11 2005 -43 809 1 2005 -61 9i79 9003 11 99 90 03 1 99 9003 2005 -67 1 2005 -68A 889 69 80L 9003 £L-9003 11 2005 -74 2005 -75 2005 -77 2005 -78 2005 -79 2005 -80 2005 -83 2005 -84 1 2005 -85 1 98 1 1 68 1 1 2005 -90 2005 -91 1 2005 -93 1 `dv6 SOOZ 2005 -95 2005 -97 1 86 1 1 66 -9003 1 2005 -101 1 2005 -102 £0I. 1 1 2005 -104 1 2005 -105 901. 11 2005 -107 CITY OF NIAGARA FALLS Assessment Region U. LLJ CZ C 0 al UJ LU tO CZ 0 11 o O. co To o o 0 CL co o o cu o co ch 0 0 N 0 N The City of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: F- 2006 -15 Sewer Consumption Credit Summary RECOMMENDATION: For the information of Council BACKGROUND: The Regional Municipality of Niagara made an error in the billing of sewer treatment to the City of Niagara Falls from June 2000 to June 2003. As a result, the City received $5.8M from the Region as consideration for this over billing. The consideration included an amount for interest and an additional amount for staff charges to administer the credit. City Council directed staff to provide the full amount received from the Region back to existing water account holders through a credit based on their sewer consumption charges. It was established that the credit would be applied to accounts until such time that the funds were fully used. Staff directed the City's billing agent, Niagara Falls Hydro, to credit the account holders based on their consumption through the Sewer Consumption Credit. In addition, Council directed staff to provide a one -time rebate to account holders who were residents at the time of the over billing but who had subsequently moved to another community or residence. The Sewer Consumption commenced in March 2005 and was applied to all bi- monthly accounts for three billing periods for a total of six months. The accounts billed monthly received the credit for four billing periods or four months. To ensure fairness, Hydro staff will be applying the sewer consumption credit for approximately the final two months on the account holders' February 2006 billing. The reason that the credits were discontinued for the monthly accounts was that staff was unsure that enough funds were available for more than four months' application. Once this credit is applied to the monthly accounts, the full amount of the funds received from the Region will have been dispersed and the program will be over. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Corporate Services Department F- 2006 -15 Finance 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521, ext. 4288 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca February 20, 2006 Kenneth E. Burden Director February 20, 2006 Recommended by: K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services 2 Respectfully submitted by: John MacDonald Chief Administrative Officer F- 2006 -15 Niagara Falls The City of Canacic Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -21 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 February 20, 2006 Re: MW- 2006 -21 Montrose Business Park Drainage Works Stormwater Management, Lot Grading and Culvert Replacements Consultant Engagement 1. That Council engage the services of Philips Engineering Ltd. to complete the detailed design of Stormwater Management Facility "E," the Functional Grading Plan for the Montrose Business Park and the design of Culverts #8 and #9 as proposed in the Warren Creek Watershed Master plan at an estimated fee of $55,500 (excluding GST). 2. and, that Council authorizes the Mayor and City Clerk to sign an agreement with Philips Engineering Ltd. On August 8, 2005, City Council adopted the recommendations set out in report MW- 2005 -105 which directed staff to proceed with the completion of the engineering designs for the various servicing components of the Montrose Business Park. The pre- engineering studies which provide the framework for the detailed design phase are now complete. Staff requires technical assistance of a qualified engineering firm to provide the following services: Prepare the detailed design for the proposed Stormwater Management Facility, Prepare a functional lot grading master plan for the new industrial sites, Provide lot grading compliance reviews and certification of Site Plan Applications, and, Prepare detailed designs for the replacement of two road culverts where the two branches of the Warren Creek cross Brown Road. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services February 20, 2006. 2 MW- 2006 -21 Staff has received a proposal from Philips Engineering Limited to complete these tasks at an estimated fee of $55,000 (excluding GST). Philips Engineering has extensive knowledge of the environmental issues and sensitivities having developed the Warren Creek Watershed Master Plan in September 2000. The current purchasing policy permits direct appointments for expenditures of less than $60,000. The standard engineering agreement will be required as part of the engagement process. The sources of funding for this project will be as follows: Council's consideration of this recommendation is appreciated. A copy of the consultant's proposal is attached for your reference. Prepared by: Geoff Holman Manager of Development Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works attach(s). Development Charges Reserve (75 $41,250 (DC- NT -D11) Montrose Business Park (25 $13,750 (12 -3- 100003 030000) TOTAL $55,000 Respectfully submitted: John MacDonald Chief Administrative Officer Quw6 z HILIPS E N G I N E E R I N G Faxed Mailed January 19, 2006 Our File: 63300 -269 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Mr. Ed Dujlovic and Mr. Geoff Holman City of Niagara Falls Dear Sirs: Based on Integrity Built with Dedication Tel: 905.335.2353 Fax. 905.335.1414 admin@philipseng.com www philipseng.com MnkpetWO 3215 North Service Road, Box 220, Burlington, Ontario L7R 3Y2 RECEIVED JAN 2 3 2006 ENGINEERIt' t A Re: Proposal for: Detailed Design of Warren Creek Stormwater Management Facility "E" Functional Grading Plan for Montrose Business Park (Warren and Thompson Creeks) Review of Warren Creek Watershed Development Proposals Design of Culverts #8 and #9 Montrose Business Park, Niagara Falls Further to your request, and direction provided at our meeting on December 19, 2005, we provide you with a proposal for engineering services related to the design of site grading, and stormwater management for the Montrose Business Park. The following outlines our understanding of the project and the proposed services to be provided by Philips Engineering Ltd. We have structured the proposal in four parts: Part A: Detailed Design of Warren Creek Stormwater Management Facility "E" Part B: Functional Grading and Stormwater Management Plan Part C: Review Relevant Development Applications for Compliance with the Master Plan Part D: Design of Culverts #8 and #9 A description of the services proposed under each part, as well as a task -based work plan has been prepared as follows: City of Niagara Falls Montrose Business Park January 19, 2006 Page 2of8 Part A: Detailed Design of Warren Creek Stormwater Management Facility "E" Task 1: Preliminary Design and Field Survey Task 2: Hydrologic Modeling Verification Task 3: Detailed Final Design Task 4: Agency Approvals Task 5: Contract Preparation and Tender Task 6: Preparation of Operation and Maintenance Manual Task l: Preliminary Design And Field Survey The preliminary design approach has been established through the Warren Creek Watershed Master Plan, and approved by the City, Agency and the Public. A review of the preliminary design, in conjunction with the updated environmental studies, will be prepared for direct review by City staff. The preliminary design will include a plan and profile, typical sections and elevation details of the facility as it relates to the Business Park and Warren Creek. A preliminary cost estimate which outlines a `first estimate' of quantities and materials will also be prepared in an effort to allow City staff the opportunity to input on material types and choices. Since the full scope of the work will be identified at this stage, a detailed survey can be completed and base plans for detailed design effectively prepared. We do not propose to update any of the environmental information previously prepared for the City (e.g. Campbell 2005, Dougan 2005). Task 2: Hydrologic Modeling Verification The model prepared as part of the Warren Creek Watershed Master plan will be updated to reflect the most current planning and environmental information for the contributing drainage area. A preliminary grading plan will be initiated under this task, to ascertain the practical limits of drainage to the facility. Additional grading details will be completed under Part B. The digital elevation plan prepared by L. Campbell Associates will form part of the base plan. The model will be executed to verify the volume and rating curve for the facility, as well as developing hydrographs for the output to the creek. Task 3: Detailed Final Design Based on the preliminary design and updated environmental information, we have estimated the level of effort required to produce detailed design drawings and "contract- ready" specifications and tender material. We have budgeted staff days of varying staff levels and disciplines, based on our current understanding of the objectives of this initiative. City of Niagara Falls Montrose Business Park January 19, 2006 Page 3 of 8 a) Drawings and Details Specific products of this exercise will include design drawings (stormwater facility plan/profile, sections, details, and staging/erosion and sediment control plan). The drawings will include: Detailed design of stormwater management facility Construction access routes Erosion and Sediment Control Plans D. Staging plans including details on dewatering Planting Plans and details (an allowance has been included for a Landscape Architect) Details of typical plantings and specialty approaches (allowance) The foregoing will be prepared in the City of Niagara Falls standard digital format. b) Final Design Report Once prepared, the package will be assembled and submitted to the City along with a Final Design Report. A component of this report will be the final hydrologic/hydraulic "verification" of the proposed design. This will include the computation of peak flows, volumes, and permanent and extended detention pool levels, based on proposed design conditions. Task 4: Agency Approvals Permitting costs vary depending on project size, extent and NPCA staff involvement. The NPCA fee schedule has identified a $900.00 permitting fee for this type of project. (Note that the fee for new watercourse crossings/culverts is $1800). Currently, we are unaware of any required utility relocations since the exact footprint of the facility is unknown, hence no allowance has been made for these potential permit costs; notwithstanding any time to prepare, submit and monitor these supplementary permits would be considered nominal. Task 5: Contract Preparation And Tender We will prepare the contract tender package including: Specifications Special provisions Project description Form of tender Supplementary documents In addition, we will prepare the tender notice, consult and record dialogue with contractor (suppliers, etc.) during the tender period, prepare addenda as necessary and undertake a tender bid analysis for ultimate contract award. City of Niagara Falls Montrose Business Park January 19, 2006 Page 4 of 8 Task 6: Preparation Of Operation And Maintenance Manual Facilities are often not easily maintained. To assist the City, we propose to develop a specific operations and maintenance plan concurrent with the final design to allow the City to have input into the design and thereby avoid future problems with either operations or maintenance. In addition, the Public should be made aware of the type of maintenance and the frequency. This will also avoid future problems, as the local Public will be fully aware of what to expect. Our Fee associated with Part A has been broken down as follows: Task 1: Preliminary Design and Field Survey Task 2: Hydrologic Modeling Verification Task 3: Detailed Final Design Task 4: Agency Approvals Task 5: Contract Preparation and Tender Task 6: Preparation of Operation and Maintenance Manual Landscaping Allowance Total Part B: Functional Grading and Stormwater Management Plan $4,000.00 3,000.00 8,000.00 1,500.00 2,500.00 1,000.00 8,000.00 $28,000.00 The southern portion of the Montrose Business Park is drained by a number of smaller watercourse features that are tributary to either Thompson Creek or drain directly to the Welland River, Power Canal, or Warren Creek. The preparation of this plan is not intended to be a detailed assessment of the environmental constraints on -site and downstream, off -site from the Business Park. Rather, this plan will set functional grades for the Business Park, and proposed locations and sizing of stormwater management infrastructure. A detailed set of environmental criteria will have to be developed in the future, prior to completing the plan for the Business Park. Task 1: Review of Existing Topography and Environmental Data Task 2: Hydrologic Modeling Task 3: Preparation of Functional Grading and Stormwater Management Plan Task 1: Review Of Existing Topography And Environment We propose to conduct a review of existing topography, services (existing servicing information to be provided by the City), and environmental studies, to provide the necessary background for developing the functional grading and stormwater management plan. We would also contact the Region, and the Niagara Peninsula Conservation Authority (NPCA), to determine the various Agency criteria and constraints to development on the land. A general set of criteria will be developed for the functional plan preparation, as opposed to a detailed set of criteria based on downstream field investigations. City of Niagara Falls Montrose Business Park January 19, 2006 Page 5 of 8 Task 2: Hydrologic Modeling The recently completed EIS (January 2005) and Woodlot Assessment (March 2005) identify the natural heritage constraints within the Montrose Business Park. Warren Creek is a recognized Type 2 habitat, and as such will require a minimum 15 m setback for aquatic habitat protection. The identified Provincially Significant Wetland will require a 30 m buffer, and there will also need to be a 7.5 m setback from the valley top -of -bank. The EIS work does not extend to the south of Chippewa Creek Road. The Ministry of Transportation requires a minimum setback of 14 m from all 400 series highways and the QEW. There may be other corridor control criteria, which we would determine through consultation with the MTO Corridor Management Office. Since the Warren Creek Watershed Master Plan has been reviewed and approved, the MTO review of the proposed stormwater management plan should be straightforward, as there is not a likelihood of the development having an impact on drainage to MTO lands. Nevertheless, the MTO Corridor Management Office will require a review the application. A new hydrologic model will be prepared for the portion of the Montrose Business Park that drains southerly to the Thompson Creek and Welland River. The model will be used to determine pre- and post development peak flows and volumes, as well as determining conceptual stormwater management facility locations and sizes. Task 3: Preparation Of Functional Grading and Stormwater Management Plan As part of the preparation of a Functional Grading and Stormwater Management Plan we propose to complete the following tasks: Prepare a detailed grading plan, including overland drainage and storm sewer design for road drainage, Review the stormwater management requirements for the area and make appropriate recommendations. We will also create a list of support studies that will be required by the Agencies for eventual approval of the development of the lands (e.g. traffic study, hydrogeological study, utilities and others). Our Fee associated with Part B has been broken down as follows: Task 1: Review of Existing Topography and Environmental Data Task 2: Hydrologic Modeling Task 3: Preparation of Functional Grading Plan Total $2,000.00 2,000.00 3,500.00 $7,500.00 City of Niagara Falls Montrose Business Park January 19, 2006 Page6of8 Part C: Review Relevant Development Applications for Compliance with Master Plan The services included under this part include the detailed review of subdivision applications upstream of Montrose Road. The review would focus on creek block design, and would determine for the City whether the applications are proceeding in compliance with the recommendations of the Warren Creek Watershed Master Plan. If the plans are not in full compliance (but are reasonably close), we will advise the City as to the feasibility of altering the Master Plan, and the potential for Agency approvals. The services would include meetings with the development proponent or their consultants, and with the City, as needed. Part D: DesiEn of Culverts #8 and #9 As noted in your December 8, 2005 correspondence, another key element in the completion of the Business Park are the two culverts on Brown Road, identified as 8 and 9 in the Master Plan. These culvert upgrades are also directly related to the development proposals in Part C. There are several tasks that must be advanced in order to carry out this work. These include the following: Task l: Topographic Survey This would provide an inventory and topographic mapping of the existing structures and surrounding lands, as well as local creek profiles and cross sections on both the upstream and downstream ends. This topographic survey will not be a legal survey defining the property limits owned by the City. We recommend that this be completed by the City to ensure that all construction remains within the City property. If possible, we will locate property bars where able to be located and include these on our survey. Task 2: Hydraulic Analysis A hydraulic analysis for the two structural replacements is required. Since a full hydraulic assessment has been previously completed as part of the Warren Creek Watershed Master Plan, only a refinement/updated assessment would be required to determine the required hydraulic opening to convey the design storm without road overtopping using the new topographic mapping. It must be clearly demonstrated to the responsible authorities (MNR, DFO, NPCA, etc.) that the new structures are in compliance with the Master Plan, and will improve flood risk and reduce environmental impacts in accordance with Provincial and Federal criteria Task 3: Permit Applications Application forms and supporting drawings and a technical brief will be submitted to NPCA, MNR and DFO as required for approvals. Follow -up consultation is included under this task. City of Niagara Falls Montrose Business Park January 19, 2006 Page 7 of 8 Task 4: Environmental Assessment Two main criteria trigger the requirements for an Environmental Assessment in structural undertakings of this type. The cost of project and age of existing structure. If the cost of the construction work is expected to be $1.5 million or more, a Schedule `B' Environmental Assessment is required; this is not the case on this project. Secondly, if the age of the original structure is older than 40 years old, a Schedule `B' Environmental Assessment is required. Given the age of these structures (constructed before 1966), it is noted that the Schedule `B' Environmental Assessment will be required. In this case, this will include circulation of project information to all stakeholders including local residents, councilors, utilities, agencies, and other affected parties. We are prepared to send this information out in the normal course of the work program. Should there be sufficient cause, a Public Information session could be arranged, however, we do not envision this as a requirement for this small project. At the onset of this project, we will contact the NPCA to determine restrictions that would exist for work within the creek such as, fisheries spawning times, as well as the potential for HADD (Harmful Alteration, Disturbance and/or Destruction of fish habitat) and the possible requirement for circulation to DFO. This information is particularly important when it comes to the removal of the existing culvert. This information will be required for inclusion in the specifications. Transport Canada will be also contacted with respect to determining if the waterway is navigable or not and in this case, presumed not. It the waterway is navigable, a Navigable Waterway Protection Act (NWPA) application will need to be completed and submitted on behalf of the City. Task 5: Structure Design The structure design will start as soon as the information from existing drawings, comments, surveys and hydraulic analysis has been gathered. Initial efforts will focus on developing alternatives to be considered for the final design. It is envisioned that a precast open footing structure will be utilized. The advantage of precast structure is partially cost, but also the speed of construction, limiting disruption to the local residents in the area. It is presumed that the road will be closed during the deconstruction period. At the completion of the design, a detailed quantity and price schedule form will be prepared, as well as associated estimated costs for each item. We will also prepare the Special Provisions for inclusion in a contract to be completed at a later date. One additional item to consider is a geotechnical investigation. It is recommended that boreholes be placed on either side of the culverts (2 minimum to the suitable depth to determine the subsurface conditions and to assist in the foundation design for these new structures. We have not included these fees in our proposal but would be pleased to work with the City in acquiring a qualified geotechnical firm to carry out this work. Yours very truly, City of Niagara Falls Montrose Business Park January 19, 2006 Page 8 of 8 Our fee associated with Part D has been broken down as follows: Task 1: Topographic Survey $1,500.00 Task 2: Hydraulic Assessment 2,500.00 Task 3: Permit Applications 1,000.00 Task 4: Environmental Assessment 5,000.00 Task 5: Structure Design and Drawing Preparation 10,000.00 Total $20,000.00 Our fee proposal for the above -noted work is as follows: Part A: Detailed Design of SWM Facility "E" $28,000. (incl. landscape design allowance $8,000) Part B: Functional Grading and SWM Plan 7,500. Part C: Review of U/S Development Hourly Part D: Design of Culverts #8 and #9 $20,000. TOTAL: $55,500. (excluding GST) We trust the above meets with your approval, and we look forward to working with you on this project. PHILIPS ENGINEERING LTD. Per: Ronald B. Scheckenb 'J ng., P. Eng. Per: BEB/RBS/11 0 \PROMU63300∎2006UgtdNfd4Mot mieBP doc rian E. Bishop, M. Eng., P. Eng. Niagara Falls The City of Canada Members: RECOMMENDATION: That Council receive this report. BACKGROUND: Introduction: Community Improvement Plan: Corporate Services Department PD- 2006 -18 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario February 20, 2006 Re: PD- 2006 -18, Background on the Downtown Community Improvement Plan and Strategic Implementation Plan Doug Darbyson Director In recent budget discussions, questions have been raised about the Downtown Community Improvement Plan (CIP), the Strategic Implementation Plan (SIP) and the role of the private sector investors in the downtown revitalization initiative. Given the nature of several of the Aldermen's questions (i.e., due diligence investigations by staff?, developer's past performance? etc.) there is a need to clarify the City's role in the revitalization process in order to provide some overall perspective and context to the questions being asked. To this end, staff has prepared this background report to identify where we are in the downtown revitalization process. The report highlights the key objectives of the Downtown CIP and the steps taken by Council to implement same. On December 6, 2004, City Council approved the Downtown Community Improvement Plan along with a series of recommendations that set in motion specific initiatives aimed at revitalizing the downtown. The Ministry of Municipal Affairs and Housing approved the CIP on March 11, 2005. The purpose of the CIP is to provide a framework to guide public sector capital improvements and stimulate private sector investment in the Downtown. More specifically, the purpose of the CIP is to: plan public realm improvements designed to lead and stimulate private sector investment and redevelopment; develop a marketable land use strategy that integrates and promotes redevelopment opportunities; and Working Together to Serve Our Community Clark.c Finanna Human Ra.cn,irra.c lnfnrmatinn Svctamc 1 anal Planninn R navalnnmant February 20, 2006 - 2 - PD- 2006 -18 • develop a customized package of financial incentives to promote private sector investment and redevelopment. One of the key directions approved by Council in adopting the Downtown CIP was the implementation of a Municipal Leadership Strategy (MLS) aimed at providing leadership and investment into the downtown core. The following public sector investments and actions are prescribed in the MLS and the current implementation status of each action is noted as follows: a) the investment in, and development of, City owned lands to spur private development; This step is being carried out through the preparation of the Strategic Implementation Plan by the Walker Group. This Plan is to be completed within the next few weeks. There are a number of public realm and physical improvements being proposed on City -owned land that are intended to act as catalysts to leverage private sector investments. b) the establishment, marketing and administration of the financial incentives program; Packages of information are being finalized for all the financial incentive programs and the packages contain a program guide, list of required documents, the application form and sample agreement. A Community Improvement Program Coordinator was hired in September 2005 to implement the Downtown CIP and the marketing and administering of the financial incentive programs is part of the Coordinator 's responsibilities. A recent one day training was held with a number of staff from various Departments to review the responsibilities in administering the financial incentive programs. c) the preparation of Official Plan and Zoning By -law revisions, Urban Design Guidelines, a Downtown Parking Strategy, a Transportation Master Plan; Preliminary work is underway that will see changes to the City's Official Plan and Zoning By- law that will assist in having properties within the Downtown Area "development ready ". The City has received proposals for the preparation of Urban Design Guidelines and a consulting firm will soon be recommended to Council to carry out the project. The Urban Design Guidelines will be used by the City to approve applications under the Facade Improvement Grant Program and other property redevelopment within the Downtown. d) the amendment of the City's Development Charges By -law to implement the Development Charge Exemption (DCE) Program; A by -law is required to amend the City's Development Charges By -law to exempt properties within the Community Improvement Project Area. Attempts are being made to resolve outstanding objections to the City's current Development Charges By -law before proceeding with an exemption by -law for Downtown. This item should be finalized prior to the official launch of the Financial Incentive Programs. e) approaching downtown financial institutions to become funding partners in the financial incentives program and in establishing a venture capital pool for downtown business; Plans are underway to visit all the financial institutions within the Downtown Area to determine their interest in becoming funding partners. f) the review of enforcement, licensing and permitting; and Property standards was an important issue raised through the public consultation of the CIP. By -law Enforcement and Building have been alerted of the need to enforce property standards and other matters such as building permits for development. February 20, 2006 3 PD- 2006 -18 g) marketing of the downtown and establishing programs to look beyond the downtown for new development partners and investors. Marketing the CIP and Financial Incentive Programs is paramount to the success of the redevelopment of the Downtown Area. $20, 000 is proposed in the 2006 Budget for marketing of the City's CIPs. A draft promotional brochure has been prepared for the Downtown Financial Incentive Programs and the Program Guides will be placed on the City's Web Site. Plans include the preparation of a display booth and power point presentation for future presentations to such groups as realtors, service clubs and potential investors. Strategic Implementation Plan: As part of the Downtown Community Improvement Plan approval, Council also supported the inclusion of $85,000 in the 2005 Budget to initiate the implementation of the Plan. The City used the majority of the budgeted amount to partner with the Downtown Board of Management to prepare a Strategic Implementation Plan for downtown improvements. The purpose of the Strategic Implementation Plan is to provide a detailed blueprint for the implementation of the CIP. The Plan details will be presented to Council for their consideration in the next few weeks. As an adjunct to the Strategic Implementation Plan, members of Council and City staff visited Charleston, South Carolina to study firsthand a successful redevelopment of their downtown area. It was clear that the success of downtown Charleston was linked to a number of things. First, there was the leadership shown by the municipal Council in supporting and promoting the downtown as a retail and restaurant centre to serve primarily the residents of the City, and secondly, visitors to the City. The leadership of the Charleston City Council came from following the revitalization plan established to create a strong, healthy and vibrant downtown. Second, Charleston Council committed to investing heavily in the downtown with infrastructure improvements (parking garages, upgraded services, decorative streetscaping) in order to stimulate reinvestment in the downtown by private property owners. Third, Charleston Council provided financial incentives to attract investors to the downtown. Fourth, Charleston Council encouraged the construction of new residential units in the downtown area and even partnered with groups by making municipal land available for housing projects. All of these efforts, collectively resulted in a rise in municipal assessment in the commercial core and a dramatic increase in the number of businesses which have located or relocated to the downtown area. This would not have been possible, according to the mayor and staff, without a strong vision by the civic leaders and the spending of municipal money to implement a plan following a systematic and strategic approach. CONCLUSION: The December 6, 2004 Planning Staff report to Council described the Downtown CIP as an ambitious redevelopment plan that requires a high level of commitment to make it happen. The commitment is in the form of financial incentive programs and investment in public realm improvements and infrastructure including: construction of streetscape and gateway intersection improvements; convert former rail corridor to a pedestrian trail and bikeway; improve and extend the Civic Square Block; and erect a parking structure behind City Hall and the Acres Building. February 20, 2006 4 PD- 2006 -18 The SIP will need to define these infrastructure improvements in detail with cost estimates and in order of sequence and priority. The only 2006 budget allocation currently being proposed for the Downtown CIP is $470,000 earmarked for marketing and promotion, the financial incentive programs and possibly some consulting work. Council will need to consider the recommendations forthcoming through the SIP to determine a capital funding program for downtown improvements for 2007 and beyond. It is recommended that this background report be received and filed for information. Prepared by: Respectfully submitted; Bob Bolibruck Community Improvement Program Coordinator Recommended by: Doug Darbyson Director of Planning Development Serge Felicetti Director of Business Development Approved by: BB /AH:tc ("(e; T. Ravenda Executive Director of Corporate Services S:\PDR\2006\PD2006 -18, Background of CIP and SIP.wpd John MacDonald Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 3 on Reference Plan 59R -12985 as a public highway, to be known as and to form part of Mulhern Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Lot 17 Plan 74 Stamford designated as Part 3 on Reference Plan 59R -12985 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 3 on Reference Plan 59R -12985 that is hereby established as a public highway, be known as and form part of Mulhern Street. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12976 as a public highway, to be known as and to form part of Dunn Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Lot 1 Stamford; Part Lot 3 Stamford designated as Parts 1 and 2 on Reference Plan 59R -12976 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 1 and 2 on Reference Plan 59R -12976 that is hereby established as a public highway, be known as and form part of Dunn Street. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by law to establish Part 3 on Reference Plan 59R 12976 as a public highway, to be known as and to form part of Ailanthus Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Lot 1 Stamford; Part Lot 3 Stamford designated as Part 3 on Reference Plan 59R -12976 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 3 on Reference Plan 59R -12976 that is hereby established as a public highway, be known as and form part of Ailanthus Avenue. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 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. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedule "Dl" and Schedule "Dl" attached hereto shall be inserted in lieu thereof. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Darlene Case Arthur Clark Robert Cowper Bill Crowder Alex DeGaust Raymond Devitt Richard Gaudet William Graham Brian Green Les Jarvis Norm Leonard Bob Macara John McLeod John McPherson Al Poisson Jerome Robbins Stewart Rodgers David Smith Frank Snow Gary Statchura Sue Wheeler Les White SCHEDULE "C" SCHEDULE "Dl" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Steve Bourassa Richard Budd Shirley Clair Charles Coffman Craig Collee Sarah Convery Eli Hoffmann Kristopher Parkes Travis Willick CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 101 on Registered Plan 59M -315 as a public highway, to be known as and to form part of Parkside Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 101 Plan 59M -315 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 101 Plan 59M -315 that is hereby established as a public highway, be known as and form part of Parkside Road. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 45 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 45 Plan 59M -340 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 45 Plan 59M -340 that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 48 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 48 Plan 59M -340 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 48 Plan 59M -340 that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 49 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 49 Plan 59M -340 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 49 Plan 59M -340 that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 50 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 50 Plan 59M -340 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 50 Plan 59M -340 that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 51 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 51 Plan 59M -340 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 51 Plan 59M -340 that is hereby established as a public highway, be known as and form part of Upper Canada Drive. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 52 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 52 Plan 59M -340 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 52 Plan 59M -340 that is hereby established as a public highway, be known as and form part of Upper Canada Drive. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 53 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 53 Plan 59M -340 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 53 Plan 59M -340 that is hereby established as a public highway, be known as and form part of Upper Canada Drive. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 54 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 54 Plan 59M -340 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 54 Plan 59M -340 that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a memorandum of understanding with DataFix for the Municipal VoterView (MVV) Services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A memorandum of understanding between The Corporation of the City of Niagara Falls as City and DataFix respecting the purchase of Municipal VoterView (MVV) Services, subject to the terms and conditions as set out in the Memorandum of Understanding and an excerpt of the first page attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Memorandum of Understanding. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Memorandum of Understanding. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. 1 Introduction 2 Purpose 3 Description of Available Services Municipal VoterView is an Internet -based application designed to provide municipal elections officials with an electronic view of their electoral information including the ability to make corrections to the list, to access various voter counts needed for electoral planning, and the capability to provide an electronic copy of all changes to the Municipal Property Assessment Corporation at the end of the electoral event. Through its Municipal VoterView (MW) Application, DataFix is continuing to provide the highest level of service with respect to managing electoral information in support of municipal elections. This Memorandum of Understanding is intended to identify and confirm the service levels and support technology requirements of the MW Application. In addition, DataFix will be working with MPAC to establish a defined process for continually updating elector information. The MW Services consist of Web hosting, Internet Voter Lookup and the printing and mailing of voter kits. 3.1 Web hosting As a web -based application, MW has the advantage of ubiquitous accessibility —all that is required to use MW is an Internet connection and a recent web browser. MW supports Microsoft Internet Explorer version 5.0 or better and Netscape Navigator version 4.7 or better. The MW system has been optimized for a screen resolution of 1024x768 or higher, but will function properly with lower resolutions. 3.2 Internet Voter Lookup (IVL) The IVL service will allow voters within the Municipality to check the Voters' list to ensure they are registered to vote as well as determine their voting location. Based on a query from a voter, a "Yes" or "No" confirmation will be provided. In addition, the polling location for the address they specify will also be provided. Data Frx 2 January 30, 2006 Memorandum of Understanding City of Niagara Falls CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law Nos. 395, 1966 and 79 -200, to put the property under By -law No. 79 -200 and provide regulations for tourist commercial and prestige industrial developments. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The land located on the east side of Montrose Road, between Reixinger Road and Lyon's Creek Road, being Part of Township Lots 15 and 16, Concession 7, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated TC(H) and numbered 739 in part, designated Environmental Protection Area (EPA) and numbered 741 in part, and designated PI(H) and numbered 740 in part, on the plan Schedule 1 attached to and forming part of this by -law, is added to and placed under the control of By -law No. 79 -200 and deleted and removed from the control of By -law No. 395, 1966. 2. Sheets B7, B8 and C7 of Schedule "A" to By -law No. 79 -200 are amended by adding the lands described in section 1 above and shown hatched and designated TC(H) and numbered 739 in part, designated EPA and numbered 741 in part, and designated PI(H) and numbered 740 in part, on the plan Schedule 1 attached to and forming part of this by -law. 3. Notwithstanding the provisions of section 8.6.1, clauses (a), (b), (c), (d), (e) and (f) of section 8.6.2 and sections 8.6.3 and 8.6.4 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 739 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for one or more of the following uses: (i) Art gallery; (ii) Assembly hall; (iii) Automobile service station; (iv) Bake shop; (v) Bank, Trust Company, Credit Union, Currency Exchange; (vi) Beer, wine or liquor store; (vii) Car rental establishment, truck rental establishment; (viii) Car wash; (ix) Day nursery; (x) Health Centre; (xi) Hotel; (xii) Motel; (xiii) Museum; (xiv) Personal Service shop; (xv) Photographer's studio; (xvi) Place of entertainment; (xvii) Place of worship; (xviii) Private club; (xix) Public garage, mechanical; (xx) Recreational uses; Restaurant; Service shop; Sightseeing tours establishment, sightseeing tourist information centre; Gasoline bar; Timeshare sales office; Retail store; Laboratory experimenting, commercial or testing; Office; and Warehouse; and except in compliance with the following regulations: (a) (b) (c) (d) (e) (f) (g) (h) (i) (l) (k) Minimum lot frontage Minimum lot area Minimum front yard depth Minimum interior side yard width Minimum exterior side yard width Minimum rear yard depth Minimum setback from the 14 metres after any required dedication for Ministry of Transportation right- highway widening of -way for all buildings and structures, internal roads, required parking spaces and works essential to the development save and except for landscaped open space Minimum setback between buildings on the same lot Maximum lot coverage -2- Maximum floor area for each retail store Maximum floor area of all retail stores per property (1) Minimum landscaped open space 30 metres 2,000 square metres 10 metres 7.5 metres 10 metres 7.5 metres none 45% 400 square metres 3,530 square metres 15% of the lot area, including: (i) a 7.5 metre wide strip, parallel to and along any land zoned Environmental Protection Area (EPA) (m) Outside storage (n) Minimum number of motel units 20 per motel 4. Notwithstanding the provisions of clause (j) of section 11.1.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated PI(H) and numbered 740 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum setback from the 14 metres after any required dedication for Ministry of Transportation right- highway widening of -way for all buildings and structures, internal roads, required parking spaces and works essential to the development save and except for landscaped open space (b) -3- Minimum building setback from land zoned Environmental Protection Area (c) Minimum landscaped open space 7.5 metres (ii) a 10 metre wide strip, parallel to and along the Lyon's Creek Road and Montrose Road road allowances, save and except for any driveway entrances, after any required dedication for road widening (iii) a 14 metre wide strip, parallel to and along the QEW road allowance, after any required dedication for highway widening except in the case of a car rental establishment and truck rental establishment and a public garage, mechanical and excluding garbage enclosures, no person shall use any part of any yard for the purposes of outside storage 15% of the lot area and 67% of the required front yard, including a 14 metre wide strip, parallel to and along the Q.E.W., after any required dedication for highway widening and a 7.5 metre wide strip, parallel and along any land zoned Environmental Protection Area (EPA) 5. No person shall use the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 741 on the plan Schedule 1 attached hereto, for any purpose, or permit any building or structure to be erected on the land or permit soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or regrade any of the land. 6. The holding symbol (H) that appears in section 1 of this by -law and on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the land described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 739 in part, and shown hatched and designated PI(H) and numbered 740 in part, on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the following shall be provided or undertaken: (a) Such services as set out below to be available to service the land, building or structure: 19.1.739 -4- an adequate storm sewer in accordance with a storm water management plan which has been accepted by the City of Niagara Falls and the Niagara Peninsula Conservation Authority; an adequate sanitary sewage disposal system connected to the municipal sewage disposal system; and an adequate water supply system connected to the municipal water supply system. (b) Completion of a tree preservation plan and any further environmental studies that maybe required to ensure that the connectivity and ecological function ofthe wooded area is maintained on the whole ofthe land shown hatched and designated TC(H) and numbered 739 in part, designated EPA and numbered 741 in part, and designated PI(H) and numbered 740 in part on Schedule 1 attached hereto, to the satisfaction of the City of Niagara Falls. (c) Completion of a traffic study to the satisfaction of the Regional Municipality of Niagara and the Ministry of Transportation. (d) Completion of an archaeological study to the satisfaction of the Regional Municipality of Niagara and the Ministry of Culture. 7. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: Notwithstanding the provisions of section 8.6.1, clauses (a), (b), (c), (d), (e) and (f) of section 8.6.2 and sections 8.6.3 and 8.6.4 of By law No. 79 200, no person shall use the land located on the east side of Montrose Road, between Reixinger Road and Lyon's Creek Road and shown hatched and designated TC(H) and numbered 739 on Sheets B7, B8 and C7 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2006- 19.1.740 19.1.741 Passed this twentieth day of February, 2006. First Reading: Second Reading: Third Reading: February 20, 2006 February 20, 2006 February 20, 2006 -5- Notwithstanding the provisions of clause (j) of section 11.1.2 of By -law No. 79 -200, no person shall use the land located on the south side of Reixinger Road, east of Montrose Road and shown hatched and designated PI(H) and numbered 740 on Sheets B7 and C7 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2006- No person shall use the land on the south side of Reixinger Road, east of Montrose Road and shown hatched and designated EPA and numbered 741 on Sheets B7, B8 and C7 of Schedule "A except in compliance with By -law No. 2006- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2006- Subject Lands Description: Applicant: VA Amending Zoning By -law Nos. 395, 1966 and 79 -200 Part of Township Lots 15 and 16, Concession 7 in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara Cuviello Construction Limited Assessment #s: 272513000418301 272513000418202 272513000418503 K: \GIS_Requests\ 2004 \Schedules \ZoningAM\AM -25 \bylaw. map s 1:NTS AM- 25/2004 December 2005 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a letter of agreement with the Ministry of Transportation. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A letter of agreement between The Corporation of the City of Niagara Falls as City and the Ministry of Transportation respecting the Dedicated Gas Tax Funds for the Public Transportation Program, subject to the terms and conditions as set out in the Letter of Agreement and an excerpt of the first page attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Letter of Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Letter of Agreement. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006. Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto Ontario M7A 1Z8 416 327 -9200 www.mto.gov.on.ca Edifice Ferguson, 3' stage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z8 416 327 -9200 www.mto.gov.on.ca His Worship Ted Salci Mayor The City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci: .../2 Ontario JCHEDULE:P 1? RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of Agreement This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry has created the Dedicated Gas Tax Funds for Public Transportation Program (the "program under which and over time two (2) cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the Dedicated Gas Tax Funds for Public Transportation Program 2005/2006 Guidelines and Requirements (the "guidelines and requirements In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: 2 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the program in the amount of $823,851 in accordance with and subject to the terms set out in this Letter of Agreement and the guidelines and requirements, with $411,926 payable on receipt of this signed letter of agreement and related authorizing municipal by -law, and quarterly payments thereafter beginning in May, 2006. 2. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, in the Minister's opinion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements. 3. If the Municipality is involved with other municipalities in jointly providing public transportation services, and the other municipalities have agreed to the Municipality collecting the dedicated gas tax funds on their behalf, the Municipality agrees that it shall provide, in compliance with the requirements set out in the guidelines and requirements, the applicable by -laws and legal agreement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality agrees that the funds received under this Letter of Agreement are to be deposited by the Municipality in a dedicated gas tax funds reserve account, and are to be used only in accordance with the guidelines and requirements. 5. The Municipality agrees that it will adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. 6. The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under this Program and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the years 2005/2006. 7. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. .../3 3 If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to the Transit Policy and Programs Office, 2 Floor, Building B, 1201 Wilson Avenue, Downsview, ON, M3M 1J8 for the Ministry records. Once the Ministry has received the signed copies together with a copy of the authorizing municipal by- law(s), the Ministry will make arrangements for the payment of the dedicated provincial gas tax funds to the Municipality. Yours sincerely, Harinder S. Takhar Minister of Transportation I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms. The Corporation of the City of Niagara Falls Per: Date: Mayor Per: Date: Chief Financial Officer/Treasurer CITY OF NIAGARA FALLS By -law No. 2006 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20t day of February, 2006. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 20 day of February, 2006 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twentieth day of February, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 20, 2006. February 20, 2006. February 20, 2006.