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2006/06/26
COUNCIL MEETING Monday, June 26, 2006 Order of Business and Agenda Package COUNCIL MEETING June 26. 2006 PRAYER: Alderman Victor Pietrangelo ADOPTION OF MINUTES: Council Minutes of June 12, 2006 Rob Nicholson MP DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS /DEPUTATIONS Rob Nicholson will give an update on his activities at Parliament. YMCA of Niagara Dr. Ian Brown and Stephen Butz will present the City of Niagara Falls with a cheque for their latest installment toward their commitment to the MacBain Community Centre. Senior of the Year Recognition Harriet Worden will be presented with an award from the Ontario Honours and Awards Secretarian. Niagara Falls Rail Road Museum Ken Jones will inform Council on his Railway Museum proposal. -2 PLANNING MATTERS Public Meeting Zoning By -law Amendment Application, AM- 18/2006 6161 Main Street, Applicant: Doddy Sardjito, Agent: Chris Cristelli Proposed Bed Breakfast Operation Background Material: Recommendation Report: PD- 2006 -52 -AND Correspondence from the Region's Planning and Development Department Public Meeting Official Plan Zoning By -law Amendment Application, AM- 20/2006, 8675 Montrose Road, Applicant: Simo Bielich Permit a Body -Rub Parlour within a Hotel on a Permanent Basis Background Material: Recommendation Report: PD- 2006 -53 -AN D- Correspondence from the Region's Planning and Development Department MAYOR'S REPORTS. ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Rogers Wireless- requesting permission to install a 70m telecommunications tower in the vicinity of 14806 McKenny Road. RECOMMENDATION: For the Consideration of Council -3 Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 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. F- 2006 -39- Cancellation, Reduction or Refund of Taxes F- 2006 -38 Seniors Water Rebate MW- 2006 -75 Erie Avenue Parking Structure EA Consultant Selection MW- 2006 -65 Downtown Western Gateway- Environmental Assessment Consultant Selection MW- 2006 -73 Rolling Acres Crescent and FEW Storm Sewer Improvements Ministry of Transportation Legal Agreement FS- 2006 -07 Award of Tender for Station 6 New Fire Station CD- 2006 -07 Voting BDD- 2006 -05 Market By -law Amendment Falls Farmer's Market Sylvia Place -4 RESOLUTIONS 1. THEREFORE BE IT RESOLVED THAT: Council confirms the actions of Staff in filing the Notices of Appeal or Complaint against those properties set out in schedule "A" attached to this Resolution; and Staff be authorized to appear at the Hearing to consider the Appeals or Complaints and to take all steps necessary to support the said Appeals or Complaints. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -104 A by -law to authorize the execution of a Lease Amendment Agreement with Peggy Erwin and John Erwin. 2006 -105 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 -106 A by -law to amend By -law No. 79 -200, to permit a body -rub parlour to locate within the same building as a hotel. 2006 -107 A by -law to amend By -law 81 -274, being a by -law for establishing, maintaining and operating markets and for regulating such markets located within the City of Niagara Falls. 2006 -108 A by -law to designate the property known as the John Ingles House, 6023 Culp Street, being PIN No. within the City of Niagara Falls, to be of cultural heritage value and interest.( We will receive PIN No. before meeting) 2006 -109 A by -law to amend By -law No. 79 -200, to recognize the institutional use of land on the west side of Dorchester Road, north of Thorold Stone Road. 2006 -110 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26 day of June, 2006. NEW BUSINESS May 30, 2006 Mr. Dean Iorfida, City Clerk, City of Niagara Falls 4310 Queen St Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida, Stephen Butz CEO, YMCA of Niagara lv YMCA of Niagara We build strong kids, strong families, strong communities. The YMCA of Niagara respectfully requests the opportunity to appear as a delegation to Council at its regular meeting scheduled for June 26, 2006. Our purpose is two fold. First to update Council on the MacBain Community Centre, focusing specifically on participation and growth. Second, to present Council with a cheque representing both the collected campaign pledges to date and the YMCA's second instalment toward its $1 million commitment to the Centre Dr. Ian Brown and I will be co- presenting and expect to take no more than 5 minutes. Thank you. Yours truly, Teresa Fabbro Re: Fwd: Senior of the Year Award 2006 From: Dean Iorfida To: Teresa Fabbro Date: 6/7/2006 8:53 AM Subject: Re: Fwd: Senior of the Year Award 2006 See below. Hanya Goforth 6/7/2006 8:50 AM Her name is Harriet Worden. Thanks Dean Iorfida 6/6/2006 3:19 PM Hanya: June 26th shouldn't be a problem. Who is the actual receipient? Thanks Dean Hanya Goforth 6/6/2006 3:17 PM Hi Dean, I am now in possession of the certificate. Can I invite my senior to Council on June 26th to be presented to her. I am vacation as of Thursday and want to give her sufficient notice. Thanks Hanya Hanya Goforth Coordinator Coronation 50 Plus Recreation Centre 5925 Summer Street Niagara Falls, ON L2G 1M7 Phone: 905-356-6493 Fax: 905- 356 -7224 www.coronation50Dlus. orq Hanya Goforth 4/28/2006 3:07 PM Hello Dean, You were quite the M.0 last night? I I II June is Seniors Month and I would really appreciate if you can accommodate. Page 1 of 2 I am in receipt of the letter sent to the Mayor and Members of Council from the Minister Responsible for Seniors with regard to the Senior of the Year Award 2006. I have nominated our 'Volunteer of the Year' from the Coronation Centre and have sent the appropriate forms back to the Ontario Honours and Awards Secretariat. I have been told to expect the certificate by the 3rd week of May. In previous years this award has been presented at Council and I am requesting that the Mayor make a small presentation at the June 26th Meeting. file: /C:\ Documents% 20and% 20Settings \Administrator\Local %20Settings \Temp \GW 00001.H... 6/13/2006 Niagara City a of s NiClgara Falls Canada Members: Tel.: Fax: E -mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Corporate Services Department PD- 2006 -52 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 iagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (905) 356-7521 (905) 356-2354 planning @city. niagarafalls.on.ca Site Conditions and Surrounding Land Uses June 26, 2006 Re: PD- 2006 -52, Zoning By -law Amendment Application AM- 18/2006, 6161 Main Street Applicant: Doddy Sardjito Agent: Chris Cristelli Proposed Bed Breakfast Operation It is recommended that Council approve the requested Zoning By -law amendment application to permit the existing three -unit dwelling to be converted to a single detached dwelling and used as a tourist home (bed and breakfast accommodations) containing no more than three bedrooms for tourists. Doddy Sardjito has requested an amendment to Zoning By -law No. 79 -200 for a 762 sq. m (8,209 sq. ft.) parcel of land known as 6161 Main Street, as shown on Schedule 1. The amendment is requested to permit the existing three -unit dwelling to be converted to a single detached dwelling and used as a tourist home (bed breakfast accommodations) containing three (3) bedrooms for tourists. Refer to Schedule 2 for the details of the development. The land is currently zoned Residential Apartment 5A Density (R5A). The land is requested to be rezoned to a site specific Residential Single Family 1C Density (R 1 C) zone to permit a single detached dwelling on the land to be used as a tourist home containing up to three (3) bedrooms for tourists. The three -unit dwelling is located on a parcel of land that slopes downward from Main Street. There is an existing gravel parking lot in the rear which is accessed by a gravel driveway from Main Street. Main Street in the vicinity of the subject land is a mix of single and multiple dwellings and institutional uses, with a single detached neighbourhood to the west. On either side of the dwelling are multiple unit dwellings. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 26, 2006 2 PD- 2006 -52 Circulation Comments Regional Municipality of Niagara No concerns with the proposal from either Regional or Provincial planning perspectives. Municipal Works No objections. A 1.5 metre (5 foot) road widening will be required to be dedicated if the property is subject to site plan control. Fire Services No objections. Fire safety concerns can be addressed through the building permit process. Parks, Recreation Culture No objections. City Clerk A licence to operate a tourist home is required. Planning Analysis The following is staff's assessment of the application. 1. The proposal complies with the intent and purpose of the Official Plan. The subject land is designated Residential in the Official Plan. Lands under this designation are intended to be used primarily for dwelling units. Bed and breakfast accommodations are permitted within owner occupied single detached dwellings where they are considered to be compatible with the residential neighbourhood. Establishment of these facilities is to be regulated as to their location, size and traffic generation to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The proposed bed and breakfast conforms to the Official Plan as follows: The conversion of a three -unit dwelling to a single detached dwelling with a three bedroom bed and breakfast use does not intensify the use of the land and should not increase impacts on surrounding properties. The bed and breakfast will be compatible with the mix of land uses along Main Street. The site has direct access onto a major collector road (Main Street) which can readily accommodate the modest traffic from the proposed use and has convenient access to tourist areas. Existing landscaping and amenity space in the front yard will be maintained. The existing parking area in the rear yard will provide the necessary parking. Maintenance and enhancement of this landscaping will keep this property consistent with other development in the immediate area. 2. The requested amendment does not offend the Historic Drummondville Community Improvement Project. This ongoing project centers on the intersection of Main Street and Ferry Street and encompasses the entire Main Street corridor, including the subject land. The draft land use plan for this project envisions maintaining the residential nature of the south end of Main Street while providing for additional compatible low -rise residential development to introduce new residents into the community. June 26, 2006 3. The requested amendment is appropriate for the site. CONCLUSION: The requested amendment can be supported for the following reasons: 1. The proposal is within the intent and purpose ofthe Official Plan respecting bed and breakfast accommodations 2. The site has direct access to a major collector road and easy access to tourist areas. 3. There is sufficient lot area for parking and amenity space. 4. The residential character of the property will be maintained. Prepared by: Although the proposed rezoning does not increase the number of residential units in the neighbourhood, it does maintain the residential character of the dwelling in accordance with the objectives of the Community Improvement Project. It would be an overdevelopment ofthe site if the existing dwelling was used both for a multiple unit dwelling and a bed and breakfast. Therefore, the property should be rezoned to a category that only permits a single detached dwelling, with site specific regulations to permit the dwelling to be used as a three- bedroom bed and breakfast. The R1C zone is the most appropriate zone for this proposal as the property and existing development thereon corresponds most closely to the standards contained in this zone. 1 /od Andrew Bryce Planner 2 Recommended by: b ek( Darbyson Director of Planning Development Approved by: 9017 4 142 f o r— T Ravenda Executive Director of Corporate Services AB:gd Attach. S:WDR\2006\PD2006 -52, AM- 18 -06, Sardjito, 6161 Main St.wpd 3 PD- 2006 -52 Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land Location: Applicant: 6161 Main St Doddy Sardjito SCHEDULE 1 LOCATION MAP i sl11th► 1 rrrrr =so 1111111111 W7 111 1 Ituuns its Imutra 01 (1 DELAWARE ST 51 �tiirr�ilt it R001NS m maw ST 1111111111 ST Amending Zoning By -law No. 79 -200 s Scale: 1:NTS AM- 18/2006 5/24/2006 8:50:17 AM May 16. 2006 9:55AM REGIONAL PLANNING Niagara g Region PLANNING AND DEVELOPMENT May 16, 2006 File: D.10.M.11.23 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen Street Niagara Fells, ON L2E 6)3 Dear Mr. Bryce: RE: Zoning Sy-law Amendment Application 8161 Main Street Dodgy Sardine City of Niagara Falls Your Sim AM- 11t1Z00111 This application proposes to amend the City's Zoning By-law to allow an exleting dwelling to be used as a bed and breakfast establishment containing up to three bedrooms for tourists. This site is within the Niagara Falls Urban Area Boundary according to tha Regional Policy Plan and designated Residential In the City's Official Plan. The proposed bed and breakfast appears to be a small scale home occupation use that will be provided within an existing residence located near the City's tourist commercial district. Regional Planning staff has no concems with the proposed Zoning By-law amendment from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, Qk Peter Colosimo, MCIP, RPP Senior Planner C: Councillor W. emeaton Fabeatea10161 Mein St Sattpadod Bang Common)* Mktg Lies. No. 6020 P. 1 The Regional Municipality of Niagara 3650 �i T 7 Booc,042 Telephone: 9064843630 Fax 906441.5206 E -mail: plenenegional.niegaro.on.ca The City of Niagara Falls Canada Members: RECOMMENDATION: It is recommended that Council: BACKGROUND: Corporate Services Department 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 June 26, 2006 Re: PD- 2006 -53, Official Plan Zoning By -law Amendment Application AM- 20/2006, 8675 Montrose Road Applicant: Simo Bielich Permit a Body -Rub Parlour within a Hotel on a Permanent Basis 1) approve the Zoning By -law amendment application to permit a body -rub parlour within the same building as a hotel on a permanent basis; and 2) pass the amending by -law, on tonight's agenda, to implement Recommendation No. 1. PD- 2006 -53 Doug Darbyson Director Simo Bielich has requested an amendment to Zoning By -law No. 79 -200 for a portion of the 1.4 hectare (3.5 acre) parcel of land known as 8675 Montrose Road (Sam's Montrose Hotel), as shown on Schedule 1. In 2004, Council passed a temporary use by -law that allowed the applicant to use a portion of the existing hotel building as a body -rub parlour for a period of two years provided there was a physical separation between the two uses. The applicant is now seeking to have this use permitted on a permanent basis. No changes to the size or configuration of the body -rub parlour are proposed. Details of the site and a possible future expansion to the hotel are shown on Schedule 2. The land is currently zoned Prestige Industrial (P1-505 P1 -662) with site specific provisions permitting a body -rub parlour either within a separate building or within the same building as the hotel on a temporarybasis. A site specific zoning provision is requested to be added to the land to permit a body rub parlour to be established within the same building as the hotel on a permanent basis. Surrounding Land Uses The lands located to the north and west of the subject land are vacant and zoned for prestige industrial uses. The Queen Elizabeth Way lies to the east. There are several dwellings south of the subject land, however, these lands are designated and zoned for industrial uses. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 26, 2006 2 PD- 2006 -53 Circulation Comments Regional Municipality of Niagara Regional Planning staff has no concerns with the requested amendment. City Clerk Building By -law Services Parks, Recreation Culture Municipal Works Planning Analysis 2. The requested zoning is appropriate. The applicant has complied with all licensing requirements for the temporary body -rub parlour use and the City has not received any complaints. There are no concerns regarding the permanent recognition of the use. The applicant has complied with the requirements of the permit for the temporary body -rub parlour and final inspections have been done. Any future construction will be subject to a Building Permit. No objections. No objections Given that the applicant has adhered to the conditions of the temporary approval and there have been no licence violations or criminal activity reported with this parlour, the use is appropriate on a permanent basis. The following is Planning staff's analysis of the application. 1. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Industrial in the City's Official Plan. In 2002, Council adopted Official Plan Amendment No. 45 and Zoning By -law No. 2002 -201 to regulate the location of adult entertainment parlours and body -rub parlours. These uses are to be located mainly on Industrially designated lands, with a 300 -metre separation from sensitive uses such as residential uses. In addition, there is to be a 100 -metre setback from other similar facilities and the Queen Elizabeth Way. The Official Plan does not have any policies restricting these facilities to free standing single use structures. During consideration of these policies, the applicant's lawyer requested Council exempt this property from the above noted highway setback requirements which Council granted by adding a site specific policy to the Official Plan As the zoning change involves only the subject lands, the proposal will still meet the locational criteria and site specific exemption set out in the Official Plan policies. Zoning By -law No. 2002 -201 permits a body-nib parlour on the property, however, it restricts its location to a freestanding, single use structure. In 2004, the applicant requested a Zoning By -law amendment to permit a body -rub parlour to be located in the same building as the existing hotel. For the reasons set out below, Council approved this request on a temporary basis. This by -law expires this June and the applicant is now requesting the existing parlour be permitted on a permanent basis. June 26, 2006 3 PD- 2006 -53 The Adult Entertainment and Body -Rub Parlour Study, conducted by the Butler Group, formed the basis for the applicable Official Plan and zoning provisions for these uses. This study recommended limiting body -rub parlours to single use buildings to avoid impacts on other uses in the same building and to minimize the potential of those uses being enlarged illegally. When Council considered the requested body -rub parlour in 2004, the Butler Group was contacted to ascertain the appropriateness of the departure from zoning provisions. The Butler Group stated that the site and the existing building were appropriate for this use because the hotel is not frequently visited by families and is separated from sensitive land uses. However, it was recommended that Council first consider the use on a temporary basis to see how the facility was operated. In addition, the facility was to be limited to the size proposed (186 sq. m or 2,000 sq. ft.). There have been no concerns raised about how the parlour has been operated. No licence violations or criminal activities have been reported in association with this parlour. A site inspection indicates that the facility has been kept physically separated from the hotel and has not been expanded. In addition, the use does not appear to have caused any deterioration of the site or the building. Given these points, there are no concems with permitting this parlour on a permanent basis. Similar to the temporary use by -law, the amending by -law on tonight's agenda to permit this parlour contains regulations to restrict the parlour to its existing size and to require its existing size and to require its physical separation from the hotel use. CONCLUSION: 1. The operation of the existing parlour has not resulted in any licence violations, reported criminal activity or deterioration of the property and therefore it is appropriate to permit this parlour on a permanent basis. 2. The amending by -law on tonight's agenda will implement the recommended approval of this application. Recommended by: Doug Darbyson Director of Planning Development AB:ko Attach. SAPDR\Z006\PD2006 -53, AM -06 -2006, Simo Bielich.wpd proved by: p/! T. Ravenda Yi Executive Director of Corporate Services Respectfully sub i itted: John MacDonald Chief Administrative Officer Subject Land Location: 8675 Montrose Road Applicant: Simo Bielich KAGLSRequ Ws12004 Sc eduksVoningAMUM- IOLroppineapr SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 AM- 20/2006 1 I:NTS Much 2009 Chippewa Creek Rood SCHEDULE 2 Eli ze, z t i grz 1 Chippowo Creek Rood ns r a_ _mr_ Welland River u7 t Jun. 5. 2006 10:35AM REGIONAL PLANNING No. 6274 P. 1 Niagara Re PLANNING AND DEVELOPMENT June 5, 2006 File: D.10.M.11.23 Andrew Bryce Planner2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: RE: Zoning By -law Amendment Application 8675 Montrose Road (Regional Road 98) Simo Blench City of Niagara Falls Your File: AM- 2012006 This application proposes to amend the City's Zoning By-law to permit a body rub parlour within an existing hotel building on lands currently zoned Prestige Industrial The City previously approved a temporary use by-law to allow the body rub parlour for two years. The current proposal Is to permit thls use on a pemianent basis. This site is within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Industrial in the City's Official Plan. Amendment No. 45 to the Official Plan and Zoning By-Law No. 2002 -201 were previously approved by the City to specify that adult entertainment and body rub parlours are only permitted in industrial areas subject to certain policies and regulations. The City should be satisfied that the proposal meets these local policies and regulations. There are no concems with this Zoning By-law amendment from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, CA r s^ 1.— s a Peter Colosimo, MCIP, RPP Senior Planner C: Councillor W. Smeaton W. Stevens, Regional Public Works M: MSWORcAPOWiagare FaflsWFtla\Mcneose Rd Bielirhdoc Building Community. Building Lives. Tha Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905- 884 -3830 Fax: 905 -641 -5208 E -mail: planaregional.niagara.on.ca RECEIVED JUN 052006 PLANNING DEVELOPMENT Clerk's Department Inter Departmental Memorandum The City of Niagara Fall Can To: Mayor Ted Salci Date June 15, 2006 Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Telecommunications Proposal Rogers Wireless 14806 McKenny Road Please find attached a letter from Rogers Wireless. The company wishes to install a 70m telecommunications tower in the vicinity of 14806 McKenny Road I have spoken to a representative from the company who indicated that as good corporate citizens they seek the municipality's approval or sign off on such applications and have been known to seek alternative locations if the community is opposed to such an application. The attached memo from the Senior Zoning Administrator indicates that such a tower is in compliance with the applicable zoning by -laws for the former Township of Crowland. Therefore, if Council's is agreeable, staff suggests a motion supporting the application. ROG ERS" WIRELESS To: Mr. Dean lorfida Re: Telecommunication Proposal (14806 McKenny Rd, Niagara Falls) Dear Sir, Rogers is currently proposing to install a 70m telecommunications tower in the vicinity of 14806 McKenny Rd, Niagara Falls Ontario L3B 5N7. The purpose of this installation is to improve wireless coverage from Netherby, along surrounding rural roads towards Hwy 3. During our initial search it has been determined that there isn't any feasible collocation options, thus we proceeded to the next best viable candidate. We found that not only will this candidate have a minimal Impact on the surrounding residents, but it also meets our needs in terms of space, coverage objectives, and most importantly height. In order for Rogers to maximize the coverage objectives a height of 70m is required to eliminate the possible need for a second tower for future growth. On May 17th, I met with William Clark with the City of Niagara to discuss the zoning approval process. It has been determined that telecommunications is a permitted use and we are not subject to any height restrictions. According to the Zoning bylaw (5.12 Public Utilities), any entity of the Federal Govemment for the purpose of public services is subject to Council approval. I am submitting this letter along with 3 copies of the site plan in hopes that Council will review and comment on our proposal. Please feel free to contact me for further information. Dean Iorfida Proposed Rogers Communication Tower -Bylaw 1538, 1958. From: William Clark To: Dean Iorfida Date: 6/14/2006 2:52:03 PM Subject: Proposed Rogers Communication Tower -Bylaw 1538, 1958. CC: Alex Herlovitch Page 1 of 1 Subject property, 14806 McKenny Road: The subject property is zoned Rural Agricultural in accordance to Bylaw 1538, 1958, as amended. Please be advised that section 5.12 of the said bylaw, entitled Public Utilities, states (as paraphrased) any telephone /telegraph company, etc. may use any land or erect any building or structure for the purpose of public service in any district providing there is Council approval. file: /C:\ Documents% 20and% 20Settings \Administrator\Local %20Settings \Temp \GW 000... 6/14/2006 The City of Niagara Fall Canada Members: BACKGROUND: Prepared by: T. Harrison Manager of Finance Recommended by: K.E. Burden Director of Finance Corporate Services Department F- 2006 -39 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel: (905) 356 -7521 Fax: (905) 356 -0759 E -mail: afelicetti @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario June 26, 2006 Re: F- 2006 -39 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: John MacDonald Chief Administrative Officer Kenneth E. Burden Director Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development l Reduction Amount 1100 "0$ 199'1'91$ 1 09'ZL l$ $96.06 $1,233.98 $316.02 1 100'03 1 00 1 0 1 00'0$ 000O07o0rN CO t0 00N O O di OO CO MOOT CD 0 W 6 C O O) N N W N. rnanto Oi N r to t0 O n tV co In tO Or tOr r fn u) co fn '9 my yM 0t0 M o 0 en C co e a CO mn of y 0) b to 0 t7 (n L 6 to 0 m o o 0 M 0 6 Men 0) to 000 Oootn 000n Moi CD 49 f90) 0 M t9 O e n Reason for Application 1 Damaged by fire, demolition or otherwise aswuaglo Jo uo9iowap Aq pe6eweO1 aspwaglo JO uogpowap '91g Aq pa6ewe01 Damaged by fire, demolition or otherwise Repairs/Renovations preventing normal use Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise asibuelpo 10 uogilowep'aJu Aq pe6ewe41 1 Gross or manifest clerical error 1 Gross or manifest clerical error 0 N d u U c to E 0 N o 0 N `v c tO E 0 9 p 0 a) g v u c 0 E 0 a) o 0 N d u c tO E 0 N t8 0 N o 8 c 4 E 0 N o 0 co S co 0 0 0 0 o E 0 a E T a 0) CU E 0 N 0 0 0 E O a E c T a 0) to E (2 N d V c N E O y g a) co L 0 0 0 E 0 ti T. a 0 1 t0 E 0 N L 0 0 0 E 0 aaa ai w a N@ E 0 N L 0 0 0 o E 0 ti w a m E 0 N EL. 0 0 0 0 E 0 `i c T n 0 M E 0 N 0 0 0 00 E 0 as ai c a 0) CO E 0 N 0 0 0 E 0 1 ai a.o CO E 0 N v 0 0 0 0000 E 0 aaaa ai C 0> N E a) N 0 0 0 E N a u a CO E ]O Om(9I 0 N) 0 0 0 E N ai a O CO E a) 0 0 0 E 0 ai w n O CO E 0. E a) L n a) E Q O 3 a`3 u a2 c tO E O 9 O al s N s O O O L E 0 a ai w n la E O N 7 3 3 c a1 E 0 a) 8 OUe a N f n c tO E 0 N o 0 N -o u of c co E 0 co 8 U' 0 d 8 d t'S c 0 E 0 N O C7m o. E a) m E J201, uoge� soot f 9002 soot I 000000 NNNNOIN 9001 9002 400Z CO 000 000000000 0 8 co 6 co to Tr co to to co co to co 6 V (o 0 O N N O o N to o N in O N co O o CO to O O N co o N v O N co O O N CO 0 N 1 Name and Address of Applicant Acres International Limited, 4342 Queen St, Niagara Falls, ON L2E 6W1 I Dorino Susin, 4706 Lyons Creek Rd, Niagara Falls, ON 12E 6S6 1 Dorino Susin, 4706 Lyons Creek Rd, Niagara Falls, ON L2E 656 per, 60 Men Drive, St. Catharines, ON L2N 6V7 Dian DiCienzo, 1527 York Rd, Niagara-on-the-Lake, ON LOS 1J0 Lane, Niagara Falls, ON L2J 1Y8 11473944 Ontario Limited, 3762 Northwood Dr, Niagara Falls, ON L2H 2Y5 11473944 Ontario Limited, 3762 Northwood Dr, Niagara Falls, ON L2H 2Y5 1473944 Ontario Limited, 3762 Northwood Dr, Niagara Falls, ON L2H 2Y5 1473944 Ontario Limited, 3762 Northwood Dr, Niagara Falls, ON L2H 2Y5 1473944 Ontario Limited, 3762 Northwood Dr, Niagara Falls, ON L2H 2Y5 1473994 Ontario Limited, 3762 Northwood Dr, Niagara Falls, ON L2H2Y5 Jacqueline Roddy, 7138 Waterloo Dr, Niagara Falls, ON L2J 1E2 Niagara Catholic District School Board, 427 Rice Road, Welland, ON L3C 7C1 Thai Chilli House Ltd, 25 Stone Hill PI, Beechville, NS 83T 2E7 Sandra Zi Mei Yang, 5595 Drummond Road, Unit 11, Niagara Falls, ON L2G 4L2 Cynthia Ann Rozell, 5673 Glenholme Ave, Niagara Falls, ON L2G 4Y4 John Karagiannis, c/o Euroluce Lighting 86 Grantham Ave, St. Catharines, ON L2P 3H1 Rosina Costa, 6334 Orchard Ave, Niagara Falls, ON L2G 4H1 Rosina Costa, 6396 Locus Ave, Niagara Falls, ON L2G 4K5 Rosina Costa, 6334 Orchard Ave, Niagara Falls, ON L2G 4H1 Rosina Costa, 6396 Locus Ave, Niagara Falls, ON L2G 4K5 Domenic Costa, 6334 Orchard Ave, Niagara Falls, ON L2G 4141 Domenic Costa, 6396 Locus Ave, Niagara Falls, ON L2G 4K5 Allan Shelley Sillaste, 8103 Costabile Dr, Niagara Falls, ON L2H 3H4 Allan Shelley Sillaste, 8103 Costabile Dr, Niagara Falls, ON L2H 3H4 Young Women's Christian Assoc of St. Catharines, 183 King St, St. Catharines, ON L2R 3J5 Young Women's Christian Assoc of St. Catharines, 183 King St, St. Catharines, ON L2R 3J5 Mountainview Construction Inc, 3350 Merritville Hwy Unit 9, Thorold, ON Rachel Del Duca Romeo Diserafino, 8175 Brookside Drive, Niagara Falls, ON L2H 3M4 Bodycote Materials Testing Canada Inc, 4650 Montrose Road, Niagara Falls, ON L2H 1K1 Bodycote Materials Testing Canada Inc, 4650 Montrose Road, Niagara Falls, ON L2H 1K1 Bodycote Materials Testing Canada Inc, 4650 Montrose Road, Niagara Falls, ON L2H 1K1 Niagara Falls City, 4310 Queen St, Niagara Falls, ON L2E 6X5 'Iddv 49t-900Z II 11 2005-87 11 2005-88 r tb6; N t t- N r N �tb N m N M tb N 11 2006 -12 11 2005 -127 va t-900311 N S N 6 r N al ry N f O N N tb N N r N M 6 N rr Q th N N tb N '1, r N N tb N N r N 1••• tb N M r N V fo 0000000000 N co N M co for N N N r r N r N N g Q. co ui c t O N g't c cc o o o co o co co c L E o o co n 0 0) CO a CITY OF NIAGARA FALLS to To IL I co CC w i n ra 0 in co FA cu cci 2 P- To SO- o o CO i g 22 2 0 4 2 o Zu N m a rAny individual items not approved must be struck out and initialed.] DEAN IORFIDA, CITY CLERK CITY OF NIAGARA FALLS day of June 2006 TED SALCI, MAYOR REPORT NO. Lo 'no' 1194'940 1 00.o$ 09'L0£$ E8 9L9'E$ 1 00'0$ 1 00'0$ 112'3E91 1 90'£931 $1279.7411 $1,550.0011 11 ZVZ99! 94'499'. L6'£9S! 19 1199'01Z! $1,452.4511 Zl'09Z`9S$ Reductih Amoun LSO'L$ I Of %Pt en Of Reason for Application I Became Exempt IBecame Exempt 1Became Exempt at able to be taxed at rate able to be taxed at rate 1 Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Gross or manifest clerical error Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Ceased to be liable to be taxed at rate Damaged by fire, demolition or otherwise Gross or manifest clerical error Gross or manifest clerical error Ceased to be liable to be taxed at rate Ceased to be liable to be taxed at rate Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise JEOA uopexel 9003 400Z 1 900Z 400Z 9003 1 2003 1 9002 9002 9002 I 9003 900Z SOOZ VOOZ 900Z 9003 9003 1 9003 9003 Name and Address of Applicant Niagara Falls City, 4310 Queen St, Niagara Falls, ON L2E 6X5 Niagara Falls City, 4310 Queen St, Niagara Falls, ON L2E 6X5 Niagara Falls City, 4310 Queen St, Niagara Falls, ON L2E 6X5 5241 Montrose Investments Limited, c/o D. Lafergola, 17 Boese Cr, St. Catharines, ON L2N 7E7 1 Zeno Margot Wahl, 6264 Forest Ridge Dr, Niagara Falls, ON L2J 4K2 Zeno Margot Wahl, 6264 Forest Ridge Dr, Niagara Falls, ON 12J 4K2 1526924 Ontario Limited Walker Brothers Quarries Limited Anna -Marie Bouwman, 7107 Beachwood Dr, Niagara Falls, ON L2E 655 Tara Falls, ON L2G 1R4 idlepath Trail, Mississauga, ON L5L 3K4 1314488 Ontario Limited, P.O. Box 688, Niagara Falls, ON L2E 6V5 RRVP Niagara Square Inc, c/o Riocan Property, 700 Lawrence Ave W, Toronto, ON M6A 3B4 1 Jupiter Global Inc, 3665 Macklem St, Niagara Falls, ON L2G 6C8 Jupiter Global Inc, 3665 Macklem St, Niagara Fails, ON L2G 6C8 Kicnara 6 uonna unamoenain, iiiuu bosom Ha, Niagara calls, uN L2t 656 Richard Donna Chamberlain, 11100 Sodom Rd, Niagara Falls, ON L2E 656 Native Heriate Realty, 4248 Lyons Creek Rd, Niagara Falls, ON L2G 7B4 Hasssan Najmudin, 195 Queenston St, St. Catharines, ON L2R 3A4 1 iddv 11 2005 -137 1 IYL£1 IeLEL- 900311 11 2005-53 Y611 1 611 11 2005 -71 1 2006-02 11 2005 -123 11 2006 -36 II 2006 -24 11 2006 -22 11 2005-117 1 94L 1 4l1 l e9£ -soot I ear. -annz 1 91 -90oz 11 11 2005 -132 1 to To IL I co CC w i n ra 0 in co FA cu cci 2 P- To SO- o o CO i g 22 2 0 4 2 o Zu N m a rAny individual items not approved must be struck out and initialed.] DEAN IORFIDA, CITY CLERK CITY OF NIAGARA FALLS day of June 2006 TED SALCI, MAYOR REPORT NO. The City of Niagara Fall Canad� Members: Corporate Services Department F- 2006 -38 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden @city.niagarafalls.on.ca His Worship, Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario June 26, 2006 Re: F 2006 38 Low Income Seniors' Water Rebate RECOMMENDATION: For the information of City Council. BACKGROUND: Kenneth E. Burden Director In the determination of the 2006 Municipal Utility Budget, City Council approved the Low Income Seniors' Water Rebate for the 2006 year. This rebate provides qualifying seniors a rebate of $100. City staff is now prepared to take applications from seniors that may qualify. Applications are available in the Finance Department as well as Niagara Falls Hydro. The City will be notifying the general public through an information card in the upcoming water and sewer bills, as well as through newspaper advertising. Prepar d by: T. arrison Manager of Finance Recommended by: tgL K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development The City of Niagara Falls( Aaoril His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that the BA Group be hired to complete a Downtown Parking Action Plan and Erie Avenue Parking Structure Environmental Assessment. BACKGROUND: This report is further to Council's adoption of the "Downtown Strategic Implementation Plan (SIP) and Moving Forward Costs" (PD- 2006 -34 May 8, 2006). One of the recommendations approved was to "prepare the necessary Environmental Assessment documents for the Erie Avenue Parking Structure which will explore alternatives and resolve issues Thus, staff has prepared a Terms of Reference for the completion of the Parking Plan and the Parking Structure Environmental Assessment and invited consultants to submit a proposal. Of the three invited consultants, two proposals were submitted. Consultant Cost IBI Group BA Group Dillon Consulting Community Services Department MW- 2006 -75 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 7521 Fax: (905) 356 -2354 E -mail: edujlovi @niagarafalls.ca Re: MW- 2006 -75 Downtown Parking Action Plan/Erie Avenue Parking Structure EA Consultant Selection $105,000.00 $140,500.00 No Quote Submitted June 26, 2006 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 26, 2006 The proposals were evaluated based on the following criteria: Experience and Qualifications Strength of the proposed Project Team Quality of the proposed approach to the scope of work Ability to successfully complete the project Response Characteristics Proposal Cost The proposals were reviewed by the Downtown Parking Action Team consisting of the following members: John Bamsley, Planning; Marzenna Carrick, Traffic and Parking; Karl Dren, Project Manager; Geoff Holman, Engineering; Joe Mrkalj, Downtown Board The Team recommends that the BA Group be hired to provide the consulting services for this project, at cost of $140,500.00. Although, the 113I Group quoted a lessor amount, their quote did not include a Schedule `C' Environmental Assessment, as requested in the RFP, as well, the Team concluded that they lacked the expertise in the Parking Structure component of the project, which is essential to the success of this project. The BA group has secured the services of Read, Jones, Christofferson (RJC), experts in the field of parking structures. Financing: The estimated amount for the project is $150,000.00 and is part of the $1.6 million approved by Council. Total project cost will have an upset limit of $140,500.00. Funding: Parking Fund Capital Account $140,500.00 The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic Parking Services Approved by: Ed Dujlovic, P.Eng. Director of Municipal Work 2 MW Respectfully submitted: John MacDonald Chief Administrative Officer The City of s Niagara Falls Canad� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -65 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 June 26, 2006 Re: MW- 2006 -65 Downtown Western Gateway Environmental Assessment Consultant Selection It is recommended that Matrix Innovations Inc. be hired to complete an Environmental Assessment for determining the preferred design of the "western gateway" road system in the west end of downtown Niagara Falls. This report is further to Council's adoption of the "Downtown Strategic Implementation Plan (SIP) and Moving Forward Costs" (PD- 2006 -34 May 8, 2006). One of the recommendations approved was to "prepare the necessary Environmental Assessment documents for the eastern and western gateways which will explore alternatives and resolve issues Thus, staff has prepared a Terms of Reference for the Environmental Assessment for the western gateway, and invited consultants to submit a proposal. Four consultants submitted proposals; McCormick Rankin, Delcan, Totten Sims Hubicki and Matrix Innovations. A summary of the proposal costs are as follows: Consultant Cost (Excluding 051) Delcan $153,446.00 McCormick Rankin $145,090.00 Matrix $134,965.00 Totten Sims Hubicki $145,858.00 (does not include archeological or noise assessment costs) Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 26, 2006 2 MW- 2006 -65 The proposals were evaluated by a committee comprised of municipal Engineering, Traffic Parking, Planning and Parks Recreation staff. The proposals were based on the following criteria: Experience and Qualifications Strength of the proposed Project Team Quality of the proposed approach to the scope of work Ability to successfully complete the project Response Characteristics Proposal Cost The Evaluation Committee recommends that Matrix Innovations be hired to provide the consulting services for this environmental assessment at a cost of $134,965.00, which is the low bid submitted. Matrix Innovations staff have completed numerous Environmental Assessments within the City of Niagara Falls, throughout municipalities within Niagara Region, Halton Region and other cities in southern Ontario. Financing: The estimated amount for the project is 130,000.00 and is part of $1.6 million approved by Council. Project cost $134,965.00 15 Contingency 13,496.50 Total Project Cost 148,461.15 Funding: 12 -3- 310051- 030000 -3 100% The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: 1 Dren, C.E.T. John MacDonald �anager of Traffic Parking Services Approved by IS Ed Dujlovic, P.Eng. Director of Municipal Work M.Cartick S: \TPS \TPS I.00 Administration \TPS 1.06 Reports\2006 Council \06 June 26\MW- 2006- 65.wpd Respectfully submitted: Chief Administrative Officer The City of Niagara Fall Canad a His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -73 Municipal Works Ed Dujiovic 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 June 26, 2006 Re: MW- 2006 -73 Rolling Acres Crescent and QEW Storm Sewer Improvements Ministry of Transportation Legal Agreement It is recommended that the City of Niagara Falls enters into a legal agreement with the Ministry of Transportation for the storm sewer improvements across the QEW at Rolling Acres Crescent and that Council authorizes the Mayor and City Clerk to sign the agreement. To reduce the severity and frequency of flooding on Rolling Acres Crescent, storm sewer improvements have been completed across the QEW and on Rolling Acres Crescent. Attached is a copy of Council Report MW- 2005 -97 authorizing this construction. A Ministry of Transportation Encroachment Permit was required to complete the construction on the QEW. A condition of the MTO Encroachment Permit was that the City of Niagara Falls enters into a legal agreement with regards to the storm sewer system and the existing culvert on the QEW. Due to the past frequency and severity of flooding on Rolling Acres Crescent and possible liabilities to the MTO, the MTO issued the Encroachment Permits and allowed the City to proceed with the construction prior to the preparation of the legal agreement. Except for some restoration, the construction has been completed. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 26, 2006 2 MW- 2006 -73 In consultation with the City's Legal Services and negotiations with the MTO, a legal agreement has been finalized. The agreement covers the MTO cost sharing arrangement, construction, clarifies ownership and responsibility for the storm sewer and culvert, future liabilities and maintenance. Council's concurrence with the recommendation made would be appreciated. Prepared by: AlAxtee Bob Darrall Project Manager Approved by: Ed Dujlovic Director of Municipal Works Respectfully submitte John MacDonald Chief Administrative Officer S:\REPORTS\2006 Reports\MW- 2006 -97 Rolling Acres Crescent and QEW Storm Sewer Improvements MTO Agreement.wpd The City of Niagara Falls I Canada His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Community Services Department MW- 2005 -97 Municipal Works Ed Du Iovic 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.niagarafalis.on.ca August 8, 2005 Re: MW- 2005 -97- Tender Rolling Acres Crescent and QEW Storm Sewer Improvements 2005 105 -01 The recommendation(s) contained in this report were adopted by City Council It is recommended that the unit prices submitted by the low tenderer, Hard -Rock Construction Inc., be accepted and that Delcan Corporation be retained to provide inspection and contract administration on this project. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, July 5, 2005 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eight (8) Contractors and two (2) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the two (2) Contractors, together with the corrected bids 1. Hard -Rock Construction Inc. (Port Colbome) $451,938.05 2. V. Gibbons Contracting (Stevensville 9457,356.13 ($457,374.13) The lowest tender was received from Hard -Rock Construction Inc. in the amount of $451,938.05. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By-Law Services August 8, 2005 MW- 2005 -97 Financing: The Engineer's estimate for this contract was $400,000.00 Project Costs: Awarded Contract $451,938.05 Utility Relocations 30,000.00 Consultant lnspection Contract Administration Fees 40,000.00 TOTAL $521,938.05 Funding: 2005 Capital Rolling Acres Storm Crossing of QEW $331,000.00 Acct. 12- 3- 420000- 030000 STMS3 MTO Cost Sharing Contribution $174,625.70 TOTAL $505,625.70 This contract is for the storm sewer improvements on Rolling Acres Crescent and across the QEW to reduce the severity and frequency of flooding on the Rolling Acres Crescent. Due the complexity of the construction on the QEW, it is recommended that Delcan Corporation be retained to completed the inspection and contract administration for this project. Construction on the QEW cannot commence until a Ministry of Transportation Encroachment permit has been issued. The MTO is in the process of working with City staff in finalizing the encroachment permit and conditions related to the access onto the QEW. This project will commence by September 2005, and all work is expected to be completed in 2005. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darrall Project Manager App I by dinh Dujlovic Director of Municipal Works Respectfully submitted: John MacDonald Chief Administrative Officer S:\REPORTS\2005 Reports \M W- 2005 -97 Tender 2005 105 -01 Rolling Acres Crescent and QEW Storm Sewer Improvements.wpd Niagara a ry of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department FS- 2006 -07 Fire Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-6236 E -mail: pburke @city niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario June 26, 2006 Re: FS- 2006 -07 Award of Tender for Station 6 New Fire Station Patrick Burke Fire Chief That Council award tender #T05 -2006 for the Station 6 New Fire Station to the low bidder Bromac Construction Engineering Ltd. of Fenwick, ON for the tender amount of $1,348,200.00, GST included. Fire Station 6 on Schisler Road serves the Crowland community area of the City and also responds to structure fires in the Station 5 Willoughby community area of the City. The existing station building is essentially a prefabricated steel building that has been updated over the years and includes an oversized single vehicle bay area and a small meeting/training room. The original structure was built in 1970 with a 20 -year building life span. Currently, there are two (2) response vehicles sharing the oversized single bay. The vehicles cannot be parked squarely in the building but rather must be angled into the bay in order to fit. From the Fire Services perspective, it is an inadequate structure to house the existing equipment and to facilitate the ongoing training needs for the volunteer firefighters who provide fire protection to this area of the City. The location of the station is central to the area it serves and it is not anticipated that this would change in the foreseeable future. As the City's development expands in and toward the area, it is expected that call demand will increase proportionately. The existing station is in need of further upgrades which would continue to be "band -aid" solutions and put more dollars into an outdated, inadequate structure. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Company Total Tendered Price Bromac Construction Engineering Ltd. $1,348,200.00 Brouwer Construction (1981) Ltd. $1,415,610.00 Aldor Builders Ltd. $1,435,833.00 Rama -Con Inc. $1,438,800.00 Merit Contractors Niagara $1,494,790.00 TAT Construction Ltd. $1,497,532.00 Sona Construction $1,556,743.00 Drat Icon Calarmar Corp. $1,669,167.00 KCL $1,776,200.00 M/2 Group Inc. No Bid M.J. Dixon Construction No Bid Peninsula Maintenance Ltd. No Bid T. R. Hinan Contractors Inc. No Bid June 26, 2006 hi 2003, the Volunteer Fire Fighters' from Station 6 established a committee to review the requirements for a new station. In their deliberations, they considered a number of community perspectives. In co- operation with Raimondo Associates Architects Inc. and Fire Services Management, a proposal was arrived at for a new building and the rearrangement of the existing park area. The proposal addresses the Fire Services' needs for the area as well as community enhancements in the form of a community /meeting hall and the redevelopment of the park. The proposal is to build a new modem volunteer fire station on the existing site. The building is one storey, and would have three apparatus bays, two small offices, a meeting area, bunker gear storage /drying area, kitchen, small fitness area and complete washroom facilities. Tender results for #T05 -2006 were as follows: FS- 2006 -07 June 26, 2006 3 FS- 2006 -07 FINANCING: Funding for the project will come from the 2006 and 2007 Capital Budgets. Prepared by: Colin Ruddell Assistant Chief Patrick Burke Fire Chief Respectfully submitted: int MacDonald ief Administrative Officer The City of Niagara Fall Cahad� Members: Corporate Services Department CD- 2006 -07 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: diorfida ©city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: CD- 2006 -07 Voting June 26, 2006 RECOMMENDATION: For the information of Council BACKGROUND: A question came up regarding voting at Council and, more specifically, abstentions. As always, the first source for guidance is the Municipal Act. With regard to voting, the Act states the following: that except where otherwise provided, every member of council shall have one vote. voting is to be open. tied votes are deemed to be lost. any council member, except one disqualified from voting, may request a recorded vote. It is only in regard to open voting that a reference is made to abstentions: Dean lorfida City Clerk A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2) M. Rick O'Connor in his book, Open Local Government 2, states the following regarding abstentions: Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 26, 2006 CD- 2006 -07 In Ontario, the Municipal Act, 2001 does not expressly address the issue of a member abstaining from a vote. O'Connor goes on to state that the practical effect of the issue not being addressed in the Municipal Act, 2001 is that "members seeking to truly abstain and not be counted may do so by leaving the Council Chamber before the vote is called. Of course, by engaging in such avoidance, a member would be open to criticism, as they are elected to express views, their own or their constituents, vote and make decisions. The Roberts Rules of Order website has reference to abstentions in its frequently asked questions (FAQ) section: Do abstention votes count? Answer: The phrase "abstention vote" is an oxymoron, an abstention being a refusal to vote. To abstain means to refrain from voting, and, as a consequence, there can be no such thing as an "abstention vote." If the vote required is a majority or two thirds of the members present, or a majority or two thirds of the entire membership, an abstention will have the same effect as a "no vote. The Roberts Rules of Order adds the following when voting requirements are based on the number of members present, as in the case of City Council: "An abstention in such cases has the same effect as a negative vote. These bases deny members the right to maintain a neutral position by abstaining. For the same reason, members present who fail to vote through indifference rather than through deliberate neutrality may affect the results negatively." CONCLUSION: No member can be compelled to vote; however, as outlined in Roberts Rules of Order when voting requirements are based on the number of members present (i.e., a vote passes when more than half of those eligible to vote, vote in favour), a refrain from voting is viewed as a negative vote and is reflected, accordingly, in the minutes. In addition, as the Municipal Act, 2001 does not explicitly allow abstentions. More important, politicians are elected to express opinions or articulate the opinions of their constituents. By avoiding voting on issues, controversial or otherwise, a representative is open to criticism that they are not fulfilling their elected responsibility. Recommended by: Dean Iorfida City Clerk Respectfully submitted: John MacDonal Chief Administrative Officer June 26, 2006 3 CD- 2006 -07 Approved by: T. Ravenda Executive Director of Corporate Services The Car of s Niagara Falls Canad� Members. Community Services Department BDD- 2006 -05 Business Development Serge Felicefti 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalis.on.ca Tel.: (905) 356 -7521 Fax; (905) 356 -2354 E -mail: sfelicet ©city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario June 26, 2006 Re: BDD- 2006 -05 Market By -law Amendment Falls Farmer's Market Sylvia Place RECOMMENDATION: That Council pass the amendment to the Market By -law, listed under the by -law section of tonight's agenda. BACKGROUND: The City of Niagara Falls has a long history of municipal farmers' markets in our community. Historical records indicate that while the locations have changed, there has been a market presence for over the last 100 years. As Council is undoubtedly aware, the municipality's current operational farmers' market is located on the City's parking lot on Sylvia Place, behind the Lundy's Lane Historical Museum near the intersection of Main Ferry Street. Although there is still a draw to purchase fresh, quality produce, the vendors have noticed a drop off in attendance in recent years. In addition, the existence of the market is not recognized by the many tourists that visit our community. In 2005, a team of volunteers and staff members from various divisions worked together last harvest season to promote the Sylvia Place market. Clean up and repairs took place and a series of monthly special events were coordinated in conjunction with community partners. The feedback from the vendors and public was well received. With the increase in marketing and awareness, staff received a number of requests from crafters and artisans to showcase their wares at the market. Many successful markets in Ontario have such a mix of fresh produce and crafts. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 26, 2006 2 BDD- 2006 -05 The current Market By -law (81 -274, with various amendments) primarily allows for locally grown foodstuffs, plants and flowers. Handmade crafts are not contemplated by the by -law. Although the licensing by -law (2001 -31) allows for specific location daily sales, the costs associated with such a licence may be prohibitive to the local crafter. As a result, staff has come up with an amendment to the Market By -law which would allow the following: (a) 2 6) "Artisan": means a person who creates crafts. (b) 2(k) "Craft means a good or goods created in quantities of 50 or less using hand tools at a place located within 100 kilometers of the Sylvia Place Market. Therefore, subject to the passing of the by -law on tonight's agenda, crafters and artists will be able to rent space fora 6 (six) to 8 -foot table for $10. This is envisioned as the first of a series of possible future amendments to the Market By -law, as the City of Niagara Falls is currently in the process of a Community Improvement Plan for the Main Ferry district. The vision in the preliminary report states the importance to the Drummondville commercial district to reinvigorate the Sylvia Place Farmers' Market as an expanded, active retail attraction for both tourists and residents. CONCLUSION: In order to generate additional traffic at the Sylvia Place market, an amendment to the Market by -law is being proposed to allow crafters to showcase their wares. The amendment is in keeping with what is envisioned in the Main Ferry C.I.P. The 2006 local harvest season is now in progress and while we are awaiting the completion of the Main Ferry C.I.P., staff from Business Development, Parks Recreation and Culture and Municipal Works, along with Lundy's Lane Historical Museum in partnership with the Main Ferry BIA, will continue to coordinate special events at the market Sylvia Place market starting in July. endy Canavan John MacDonald Economic Development Officer Prepared and Recommended by: Dean Ioi`fida City Clerk Reco ended by Serge Felicetti Director of Business Development Respectfully submitted: Chief Administrative Officer No. Moved by Alderman Seconded by Alderman is CITY OC. C@I1n4 -.H IAGARA fALS The City of Niagara Falls, Ontario Council Chambers WHEREAS Subsection 40(1) of the Assessment Act allows a municipality to complain to the Assessment Review Board regarding assessment value of a property; NOW THEREFORE BE IT RESOLVED THAT: June 26, 2006 (a) Council confirms the actions of Staff in filing the Notices of Appeal or Complaint against those properties set out in Schedule "A" attached to this Resolution; and (b) Staff be authorized to appear at the Hearing to consider the Appeals or Complaints and to take all steps necessary to support the said Appeals or Complaints. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR 1. 2725 030 002 09300 0000 2. 2725 030 002 20500 0000 3. 2725 100 001 04000 0000 4. 2725 100 006 11000 0000 5. 2725 110 001 00200 0000 6. 2725"130 00209400 0000 SCHEDULE "A" A by -law to authorize the execution of a Lease Amendment Agreement with Peggy Erwin and John Erwin. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease Amendment Agreement dated February 1, 2006, and made between Peggy Erwin and John Erwin as Lessees and The Corporation of the City of Niagara Falls as Lessor, respecting the amendment of the Lease dated January 22, 2002, subject to the terms and conditions as set out in the Lease Amendment Agreement, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease Amendment Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Amendment Agreement. Passed this twenty -sixth day of June, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 26, 2006. June 26, 2006. June 26, 2006. CITY OF NIAGARA FALLS By-law No. 2006 THIS LEASE AMENDMENT AGREEMENT made this day of -ZPSf1 uA 4`I 2006. BETWEEN: PEGGY ERWIN and JOHN ERWIN Hereinafter referred to as the "Lessee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessor" WHEREAS this Agreement is supplemental to a Lease (the "Lease dated the 22n day ofJanuary, 2002, granted by the Lessor to the Lessee of the lands and premises as described in the Lease, for a term of forty (40) years commencing the 1st day of February, 2002; AND WHEREAS this Agreement is further supplemental to a Lease Amendment Agreement dated the 17` day of January, 2005, (the "Lease Amendment and made between the Lessee and the Lessor, wherein certain provisions of the Lease were amended and additional provisions were inserted as of the day of April, 2005; AND WHEREAS the parties intend to further add certain provisions to the Lease in the manner set out below. IN CONSIDERATION of the mutual tenns and conditions set out herein, the parties agree as follows: 1. The provisions of the Lease are amended as of the 1st day of February, 2006, in the following manner: (1) Schedule `B" to the Lease is deleted and Schedule "B" attached hereto shall be inserted in lieu thereof. (2) A new paragraph 8(c) is inserted as follows: The Lessee acknowledges and agrees that as a result of the lands being subject to site plan control under Section 41 of the Planning Act, 1990, if the Lessee fails to construct the dwelling expansion by August 1, 2007, approval of its expansion and the plans and drawings (hereinafter referred to as the "Plans and Drawings associated with it and attached hereto as Schedule "B will have lapsed, such that the Lessee acknowledges and agrees that they will reapply for approval of the Plans and Drawings unless an extension of the approval has been granted in the interim by the Director of Planning and Development. 5. -2- (3) The paragraph numbered 8(c) is to be referred to as paragraph 8(d) and all subsequent numbered paragraphs contained in the Lease are to be adjusted numerically; (4) A new paragraph 8(n) is inserted as follows: The Lessee shall provide, maintain and use the facilities and works in the manner depicted in Schedule `B" and shall comply with such terms and conditions as to the provision, maintenance and use of the facilities and works as set out therein; (5) A new paragraph 8(o) is inserted as follows: (a) The Lessee shall construct all buildings, structures, facilities and works shown on the Plans and Drawings attached hereto as Schedule `B strictly in conformance with and in the locations shown thereon. (b) The Lessee shall construct all buildings strictly in conformance with the Building Code Act. (6) A new paragraph 8(p) is inserted as follows: (a) The Lessee acknowledges and agrees that they shall be responsible for the cost of all work on or adjacent to the land which is required under the terms of this Agreement and/or indicated on the approved Plans and Drawings including, but not limited to: (i) the cost of all works required for the drainage of surface water and roof water; (ii) connections to sanitary sewers and storm sewers; (iii) construction of driveway approaches including curb cuts; (iv) construction of new sidewalks where required by the Lessor; (v) removal and replacement of existing sidewalks where necessary; (vi) relocation of pipes, poles, drains, catch basins and other works; And the Lessor further agrees that all works and construction shall be done and performed and all material for the work shall be supplied to the specifications and directions and to the satisfaction of the Director of Municipal Works. (b) The Lessee acknowledges and agrees that where any required work is to be performed within the limits of any street allowance on which the land abuts or is adjacent to the land, the work may be performed by the Lessor, at the expense of the Lessee, and the Lessee agrees to deposit with the Lessor -3- before a Building Permit is issued, the whole of the cost, as estimated by the Director of Municipal Works for the Lessor, of performing the work. (c) The Lessee acknowledges and agrees that if the actual cost of the work, as determined by the Director of Municipal Works, exceeds the amount of the deposit, the Lessee shall pay the Lessor for any deficiency and if the actual cost, as so determined, is less than the amount of the deposit, the Lessor shall repay the Lessee the surplus. (d) The Lessee shall be responsible for making all necessary arrangements for and payment of the cost of taking up, removing or changing the location of any works or services of any utility company or commission necessitated by or arising out of the work contemplated by this Agreement and/or indicated on the approved Plans and Drawings attached hereto as Schedule `B A new paragraph 8(q) is inserted as follows: The Lessee further acknowledges and agrees that the silt fence shown in Schedule "B" shall be erected prior to construction of the dwelling expansion and any related site alteration and shall remain in place for the duration of construction of the dwelling expansion and that no fill materials shall be placed within the area between the dwelling and the Welland River. 2. The Lease, as further amended, shall continue in full force and the terms and conditions contained in the Lease, in all other respects, are confirmed. IN WITNESS WHEREOF the Lessees hereto each set their hand and seal and the Lessor affixes its corporate seal. SIGNED, SEALED AND DELIVERED in the presence of tatax. Peggy Erwin John Erwin THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: cTh ¢‘)h1 R. T. (Ted) Salci, Mayor Dean Iorfida, City Clerk SCHEDULE "B" Gyobsu5150- 95599105100Ww935010A.dwg Plot Plan PUP 0.5x14 Feb 21.20054:14pn b City Of Niagara Falls Lot Grading Plan PART OF SODOM ROAD (BEING PART 1, 59R- 11734) Street No. 4045 MAIN STREET LEGEND Drainage Direction Setback Measurement Downspout k Builder or Owner MR. MRS. ERWIN 905- 295 -0135 of Dischar Dund ireElctivon 150.0' Existing Groea tion Subd'n Grade Control Plan No. 015500:00:1 0'I Proposed Benchmark (location and elevation) B.M. 90036049 LEV= 575.951 Ground Eleva tion (150.0') Finished Ground Elevation I r 1 r I 564 PLACED OR MATERWSARE STORED FLOOD 7 565. I PROP OSED I a PORCH 5� 18.0' 0 1 p 2„„ op L I I 4.. c 4 40, 5 61'.5 I cn III o /r' PROPO44! C PO': I s<41 \V Ap(Zot4 .4 bW E' aLEVA'ticN ELEVATfpN of eklsrn. 1-1-114 CI AND POni TI coy 565. b. y(1�" .idlit x... W I r '--4:, N'\ l T. „4.1 w3 i t m/• F I 4 to qu- d 0 o A, rT LE 02 i><r O �,t1�1 Q {l w EE SJ —x; SILT FENCE DURING CONSTRUCTION —x Y'" 47\ t roIW 1 `fi 4 'w+p "t pi ses i a u W 4 At53 O. Y Y r.. s K 1 ___%__I— __u yowl 503 M Fa 5 I sml SAS Enlargement e scale 1 20 ANY FILL MATERIALS ARE TO BE �O u.3 TO THE EAST OF THE DWELLING REMOVED FITCH THE SIZE NO FILL e TO BE PLACID OR 4 }x 7 O so., WITHIN THE REGULATORY LINE NORMANTHE AREA Or' WEN AND .3- v BET RIVED. 'ALL BETWEEN WELUNDWYER ANARFAS ARE AFLERCONSIW1C7pN. S THE e TREES AND GRASS AREAS ,1 THE DWEWNGROTHE yf5] ;xse' ARE TOBEMAWTANFD. DGHf� BY CONSTRUCTION- TO BE REVEGTATIDMRIATELT 7 s ti ANY TREE REMWAL ,.'1 SUBJECTTOTHE APPROVAL OF Q CITY AND NPCA �a) sw: 4 ,S sass I sole .514.9 1 .9959 93.47/ y M i ,O.e 510. 10.f lN.e ..5 SM.S .3 IMPERIAL x NOTE x ASPERNFZ19.2 IS P I ON THIS ARE IN FEET AND BY HIS PLAN A E 120' 0.3048 00' 00' 100' 120' FIEF ES VER D SHORE 4\9 D T 4 METRES ^Y0 CAN AN BE BE CONVERTED 20' 0' 20' 40' 1 =40' Dwg ATTACHED 1 DRAWN DH (CHECKED At ,ZONE ILLN 35780A ISCALE l' •40' Proposed Groding Certification Hereby <eN that IM proposed grading shown conforms b S to e! N. S bdMalon Wad Cents Pb 9 z f L S. Date_ ZI s As Constructed Grading Certification I hereby wr10 (hot I h lobo IM flM,h.d pedea .ho.n, oI d Not Ih. r o l a lon W e Pc n l or N 1 ton. rwbka e1 IM Date DMA) cAave o I Accept by City Date__ 0 L.S. MABHEE, CAMERON, HEYWOOD• KERRY T. RCM SURVEYING CYO SI Yc a titrft4Toz O IOSuV-7Bi Tef 1 SCHEDULE "B" Gyobsu5150- 95599105100Ww935010A.dwg Plot Plan PUP 0.5x14 Feb 21.20054:14pn b 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 "D1" and Schedule "D1" attached hereto shall be inserted in lieu thereof. Passed this twenty -sixth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 26, 2006. June 26, 2006. June 26, 2006. CITY OF NIAGARA FALLS By -law No. 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 John Formica William Graham Brian Green Steve Hamilton Kevin Howe Les Jarvis Norm Leonard David Lewis Jason MacLean Rob McDonald Edward Allan McDonnell John McLeod John McPherson Shawna McSporran Al Poisson Jim Reggler Stewart Rodgers David Smith Frank Snow Gary Statchura Jana Vermeulen Sue Wheeler Les White SCHEDULE "C" SCHEDULE "Dl" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Geoff Bassett Steve Bourassa Richard Budd Shirley Clair Charles Coffman Sarah Convery Nick Galotta Eli Hoffmann Travis Willick CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to permit a body -rub parlour to locate within the same building as a hotel. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B7 of Schedule "A" to By -law No. 79 -200 is amended by numbering 662, the land on the southwest comer of Montrose Road and Chippawa Creek Road, being Part of Township Lot 210, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated PI and numbered 662 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of clause (c) of section 10.5 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated PI and numbered 662 on the plan Schedule 1 attached hereto, or the use of a building thereon for the purpose of a hotel and a body -rub parlour, except in compliance with the following regulations: (a) Maximum floor area of the 186 square metres body -rub parlour (b) Physical separation of the the body -rub parlour shall be physically body -rub parlour separated from all other uses in the building by a wall with no doors or openings 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.662 None of the provisions of clause (c) of section 10.5 of By -law No. 79 -200 shall apply to prevent the use of the land on the southwest comer of Montrose Road and Chippawa Creek Road, designated PI and numbered 662 on Sheet B7 of Schedule "A or the use of a building thereon for the purpose of a hotel and a body -nib parlour, except in compliance with By -law No. 2006- Passed this twenty-sixth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 26, 2006 June 26, 2006 June 26, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land CHIPPAWA CREEK RD 3 Amending Zoning By -law No. 79 -200 Description: Part of Township Lot 210, former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Simo Bielich Assessment 2725 1 1 0002 12400 KAGIS_Reques[s\ 2006\ Schedules VoningAMylN- 20 \mapping.map CO i-• 3 1:NTS AM- 20/2006 June 2006 A by -law to amend By -law 81 -274, being a by -law for establishing, maintaining and operating markets and for regulating such markets located within the City of Niagara Falls. WHEREAS the Council of the City of Niagara Falls has determined that it is in the public interest to increase the variety of products available in the Sylvia Market; and WHEREAS the Council of the Corporation of the City of Niagara Falls has further determined that it is in the public interest to establish the Sylvia Market as a venue for the sale of locally crafted artifacts. THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law 81 -274 of the City of Niagara Falls as amended by By -laws 88 -296, 90 -116 and 93- 22 is hereby amended by deleting the words "City Manager "from sub section 2 (a) of that by -law and substituting therefore the words "Chief Administrative Officer." 2. By -law 81 -274 of the City of Niagara Falls as amended by By -laws 88 -296, 90 -116 and 93- 22 is further hereby amended by adding to section 2 of that by -law sub section 2 (j) and sub- section 2 (k) reading as follows: (a) 2 (j) "Artisan"• means a person who creates crafts. (b) 2(k) "Craft means a good or goods created in quantities of 50 or less using hand tools at a place located within 100 kilometers of the Sylvia Place Market. 3. By -law 81 -274 of the City of Niagara Falls as amended by By -laws 88 -296, 90 -116 and 93- 22 is further hereby amended by adding to the section 5 of the said By -law after the words "dairy produce" and before the word "and" in that section the word "crafts." Passed this twenty -sixth day of June, 2006. DEAN IORFIDA, First Reading: Second Reading: Third Reading: CITY CLERK R.T. (TED) SALCI, MAYOR June 26, 2006. June 26, 2006. June 26, 2006. CITY OF NIAGARA FALLS By -law No. 2006 SCHEDULE "C" TO BY -LAW FEES NIAGARA FALLS FARMERS MARKETS Park Street Market Daily Monthly Yearly Stalls 1 to 37 inclusive $37.45 $112.35 $187.25 Stalls MI to M5 inclusive $642.00 Sylvia Place Market Daily Monthly Yearly Stalls 1 to 43 inclusive $37.45 $112.35 $187.25 Stalls Ml to M7 inclusive $642.00 M denotes Meat Stalls Crafters' Tables $10.00 Passed this day of 2006. First Reading Second Reading Third Reading CITY OF NIAGARA FALLS By -law No. 2006- A by -law to designate the property known as the John Ingles House, 6023 Culp Street, being PIN No. within the City of Niagara Falls, to be of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, s. 29 authorizes the Council of a municipality to enact by -laws to designate real property, including all buildings and/or structures thereon, within the municipality, to be of cultural heritage value or interest; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner(s) of the property, as described in Schedule "A" hereto, and upon the Ontario Heritage Trust, notice of intention to designate the property and has caused such notice of intention to designate to be published in a newspaper having general circulation in the municipality on December 10, 2005; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS no notice of objection to the proposed designation has been served upon the Clerk of the municipality. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The property, more particularly described in Schedule "A" hereto, known as the Orchard/Cadham House, is hereby designated to be of cultural heritage value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by -law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by -law to be served upon the owner(s) of the property and upon the Ontario Heritage Trust, and to cause notice of this by- law to be published in a newspaper having general circulation in the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR ,2006 2006 2006 SCHEDULE "A" to By -law No. All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the County of Welland, and being composed on the north side of Culp Street in the said City of Niagara Falls, according to Plan No. 653 for the Village, now the City of Niagara Falls, identified as Lot 6, Part of Lot 5 and Part of Lot 7 being all of the lands in PIN Statement of Cultural Heritage Value Historical Attributes SCHEDULE "B" to By law No. REASONS FOR DESIGNATION The house at 6023 Culp Street holds a prominent position close to the street and helps establish the character of the area. It is associated with an early family prominent in the settlement of Drummondville and continued to be occupied by descendants of the original owner for more than 140 years. The building exhibits architectural detail from the mid 19 century and was "updated" with details from a style popular at the end of the 19 century, thus depicting part of the evolutionary history of architecture in the City. The original part of the house was believed to have been built by John Allen Orchard about 1850; he continued to live there until his death in 1896. Orchard was one of Drummondville's prominent residents having served as Stamford Township Clerk, Reeve of Stamford Township and a Clerk of the Divisional Court. His nephew, Joseph Giddons Cadham, inherited the house. Cadham's daughter, Margaret Cadham, lived in the house until her death in 1988. The house displays two architectural styles. Initially, the house was a Classical Revival Style. The house was altered to include details from the Queen Anne Revival Style which are consistent with the architectural period when Joseph Cadham took possession of the house. Architectural Attributes Form The main portion of the house has a rectilinear plan in an east -west direction, with a circular tower at the south east corner. The main house is one and a half storeys with a steeply pitched gable roof which creates a high attic. At the rear is a lower one and a half storey tail with a gable roof. The house has a central hall plan with a balanced appearance. It is believed the original symmetry of the openings on either side of the front door was lost when the Queen Anne Revival elements were added Roof The main roof is a steeply pitched gable with decorative wood shingle tympanum in the highest part of each gable end. A central gable pierces the roof, just below the ridge, and surmounts a projecting glazed bay with a hipped roof. The central gable has a decorative wood shingle tympanum. The roofs are modern asphalt shingle although wood shingle would have been original to the house. The roof of the tail is a plain gable with a large shed dormer piercing the east side just above the eave. A small gable with decorative tympanum sits on top of the shed dormer. The gable has two windows (2 x 2 sash) with vertical proportions. The roof of the tower is conical with metal cap. The tower roof retains its wood shingles. Eaves The eaves of the house overhang the walls. A decorative moulding is applied to the vergeboard of the gable ends. A decorative moulding, concealed by modem aluminum eaves trough is applied to the fascia of the eaves. The eaves of the projecting bay in the centre gable have decorative crown moulding on the fascia and small decorative moulding resembling spools under the soffits. Walls The walls of the first floor, originally wood clapboard siding, have now been covered with vinyl siding (except the front facade, under the porch). The first floor of the tower have butt cut wood shingles. The second floor is clad with decorative wood shingles with the comers of each shingle cut at an angle. The walls of the second floor on the main house have a slight bell cast flare which projects beyond the first floor wall where they meet. The patterned shingles and flare extend around the second floor of the tower. The gable end wall just above the second floor windows and the third floor on the tower also have a slight flare. The decorative wood shingles of the third floor of the tower have a pattern of lowest single course of butt cut shingles, 4 courses of shingles with the corners angle cut and 9 courses of butt cut shingles arranged in a staggered pattern, alternating up and down. The walls of the dormer of the rear tail are decorative wood shingles with the corners cut at an angle. Windows and Doors The windows are modern vinyl replacements of originals, but appear to follow the one over one sash arrangement depicted in earlier photographs. The exception is the large round headed window to the west (left) of the front door. This window retains its leaded stained glass transom in the half round upper portion. The lower sash is one large single pane that stops approximately 2 feet from the floor. The windows in the projecting central bay are modem with plastic inserts which give a multi -paned appearance. The front door is wooden with the top 1/3 being glass and the lower 2/3 consisting of 9 small panels (3 x 3). An ornate door knob, plate and doorbell decorate the door. The front door is covered by a decorative screen door. The rear doors on the tail are modem steel doors. Chimney A large red chimney extends through the roof of the east side. The upper portion of the chimney, above the ridge has lost its decorative top coursing and has a parged area around the two flues. The chimney has decorative limestone elements where the fireplace breast reduces to the chimney. The chimney is likely a part of the Queen Anne Revival alterations and projects just beyond the exterior wall. Porch An open veranda extends across the front facade, west of the tower. The porch has narrow tongue and groove flooring. Four plain Doric columns support the veranda roof across the front. A column or pilaster is located on either side of the porch where it meets the main wall of the house. The roof of the veranda is hipped with a closed gable, centred over the front door (although not central to the porch which is asymmetrical due to the tower). The tympanum of the gable has the same decorative wood shingle treatment found elsewhere on the house. A decorative dentil moulding is located under the eave of the porch roof and a half round moulding along the porch entablature. The porch has removable storm panels with 9 glazed panes above 3 vertical solid panels. Other Decorative Features The house has decorative fluted pilasters serving as comer boards on the first floor located at the northwest, southwest, and northeast comers. The pilasters have Ionic capitals. Fluted pilasters (without capitals) found elsewhere appear to be more recent additions. The corners of the projecting bay at the second floor have square comer columns with decorative wood mouldings serving as capitals about 2/3 of the way up. Setting The house is situated low to the ground on a limestone foundation. A lawn extends between the front porch and the sidewalk and a mature maple tree is located in the front lawn. The rear yard has a modern privacy fence. A modem 2 car garage is located behind the house on the east side. A poured concrete driveway extends between the street and the garage. The house is situated on a deep lot (270') with a large rear yard dotted with several mature trees and gardens. There is a small red brick structure in the rear yard, approximately half way from the house to the rear lot line. The structure is approximately 5' x 5' square with double wooden doors hinged to open outwards. Once open, there is a second set of doors which open inward. The present owner suggested it may have been a summer kitchen as it was located next to a small garden, or more likely, a smoke house. S:\HISTORY\IN V \Cu1p6023 \by- law.wpd CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to recognize the institutional use of land on the west side of Dorchester Road, north of Thorold Stone Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R1B to I, the land on the west side of Dorchester Road, between Thorold Stone Road and Waterloo Drive, being part of Township Lot 71, in the former Township of Stamford, and part of Block "A Plan 231, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated I on the plan Schedule 1, attached to and forming part of this by -law. Passed this twenty -sixth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 26, 2006 June 26, 2006 June 26, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: r Applicant: Church of Christ K: \GIS_Requests 2006\ Schedules \ZoningAFMM- 11\mapping.map Amending Zoning By -law No. 79 -200 Part of Township Lot 71, in the former Township of Stamford, and part of Block "A Plan 231, now in the City of Niagara Falls, in the Regional Municipality of Niagara 1:NTS AM- 11/2006 June 2006 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 26th day of June, 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 26 day of June, 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 behalfofthe 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 twenty-sixth day of June, 2006. DEAN IORFIDA, CITY CLERIC R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 26, 2006. June 26, 2006. June 26, 2006. Council B Invitation ADDITIONS TO COUNCIL, MONDAY, JUNE 26, 2006 1. Resolution- List of properties associated with the roll numbers listed. 1. Correction to 2006 -108 A by -law to designate the property known as the Orchard /Cadham House, 6023 Culp Street, being PIN 64354 -0079 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. (Revised) 2. Additional By -law: 2006 -110 A by -law to authorize the execution of an Agreement with The Niagara Catholic District School Board respecting the design and construction of a parking lot and roadway improvements to alleviate the traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls. 1. Niagara Totem Pole and Woodcarving Park Opening, Wednesday, June 28` 11:00 a.m. at the Niagara Glen. 1. 2725 030 002 09300 0000 Casino 6380 Fallsview Blvd. 2. 2725 030 002 20500 0000 Skylon 5200 Robinson Street 3. 2725 100 001 04000 0000 Golia Estates 2283 Portage Road 4. 2725 100 006 11000 0000 Garner Estates (River Realty) 8297 McLeod Road 5. 2725 110 001 00200 0000 Marineland Chippawa Creek Rd. 6. 2725 130 002 09400 0000 Niagara Parks Commission (Legends) 9233 Niagara Pky. CITY OF NIAGARA FALLS By -law No. 2006- A by -law to designate the property known as the Orchard/Cadham House, 6023 Culp Street, being PIN 64354 -0079 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, s. 29 authorizes the Council of a municipality to enact by -laws to designate real property, including all buildings and/or structures thereon, within the municipality, to be of cultural heritage value or interest; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner(s) of the property, as described in Schedule "A" hereto, and upon the Ontario Heritage Trust, notice of intention to designate the property and has caused such notice of intention to designate to be published in a newspaper having general circulation in the municipality on December 10, 2005; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS no notice of objection to the proposed designation has been served upon the Clerk of the municipality. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The property, more particularly described in Schedule "A" hereto, known as the Orchard/Cadham House, is hereby designated to be of cultural heritage value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by -law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by -law to be served upon the owner(s) of the property and upon the Ontario Heritage Trust, and to cause notice of this by- law to be published in a newspaper having general circulation in the City of Niagara Falls. Passed this twenty-sixth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading Second Reading Third Reading June 26, 2006 June 26, 2006 June 26, 2006 SCHEDULE "A" to By -law No. All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the County of Welland, and being on the north side of Culp Street, according to Plan No. 653 for the Village, now the City of Niagara Falls, identified as Lot 6, Part of Lot 5 and Part of Lot 7 being all of the lands in PIN 64354- 0079 (LT). Statement of Cultural Heritage Value The house at 6023 Culp Street holds a prominent position close to the street and helps establish the character of the area. It is associated with an early family prominent in the settlement of Drummondville and continued to be occupied by descendants of the original owner for more than 140 years. The building exhibits architectural detail from the mid 19`" century and was "updated" with details from a style popular at the end of the 19 century, thus depicting part of the evolutionary history of architecture in the City. Historical Attributes The original part of the house was believed to have been built by John Allen Orchard about 1850; he continued to live there until his death in 1896. Orchard was one of Drummondville's prominent residents having served as Stamford Township Clerk, Reeve of Stamford Township and a Clerk of the Divisional Court. His nephew, Joseph Giddons Cadham, inherited the house. Cadham's daughter, Margaret Cadham, lived in the house until her death in 1988. The house displays two architectural styles. Initially, the house was a Classical Revival Style. The house was altered to include details from the Queen Anne Revival Style which are consistent with the architectural period when Joseph Cadham took possession of the house. Architectural Attributes Form SCHEDULE "B" to By -law No. REASONS FOR DESIGNATION The main portion of the house has a rectilinear plan in an east -west direction, with a circular tower at the south east comer. The main house is one and a half storeys with a steeply pitched gable roof which creates a high attic. At the rear is a lower one and a half storey tail with a gable roof. The house has a central hall plan with a balanced appearance. It is believed the original symmetry of the openings on either side of the front door was lost when the Queen Anne Revival elements were added. Roof The main roof is a steeply pitched gable with decorative wood shingle tympanum in the highest part of each gable end. A central gable pierces the roof, just below the ridge, and surmounts a projecting glazed bay with a hipped roof. The central gable has a decorative wood shingle tympanum. The roofs are modern asphalt shingle although wood shingle would have been original to the house. The roof of the tail is a plain gable with a Large shed dormer piercing the east side just above the eave. A small gable with decorative tympanum sits on top of the shed dormer. The gable has two windows (2 x 2 sash) with vertical proportions. The roof of the tower is conical with metal cap. The tower roof retains its wood shingles. Eaves The eaves of the house overhang the walls. A decorative moulding is applied to the vergeboard of the gable ends. A decorative moulding, concealed by modern aluminum eaves trough is applied to the fascia of the eaves. The eaves of the projecting bay in the centre gable have decorative crown moulding on the fascia and small decorative moulding resembling spools under the soffits. Walls The walls of the first floor, originally wood clapboard siding, have now been covered with vinyl siding (except the front facade, under the porch). The first floor of the tower have butt cut wood shingles. The second floor is clad with decorative wood shingles with the corners of each shingle cut at an angle. The walls of the second floor on the main house have a slight bell cast flare which projects beyond the first floor wall where they meet. The patterned shingles and flare extend around the second floor of the tower. The gable end wall just above the second floor windows and the third floor on the tower also have a slight flare. The decorative wood shingles of the third floor of the tower have a pattern of lowest single course of butt cut shingles, 4 courses of shingles with the corners angle cut and 9 courses of butt cut shingles arranged in a staggered pattern, alternating up and down. The walls of the dormer of the rear tail are decorative wood shingles with the corners cut at an angle. Windows and Doors The windows are modern vinyl replacements of originals, but appear to follow the one over one sash arrangement depicted in earlier photographs. The exception is the large round headed window to the west (left) of the front door. This window retains its leaded stained glass transom in the half round upper portion. The lower sash is one large single pane that stops approximately 2 feet from the floor. The windows in the projecting central bay are modern with plastic inserts which give a multi -paned appearance. The front door is wooden with the top 1/3 being glass and the lower 2/3 consisting of 9 small panels (3 x 3). An ornate door knob, plate and doorbell decorate the door. The front door is covered by a decorative screen door. The rear doors on the tail are modern steel doors. Chimney A large red chimney extends through the roof of the east side. The upper portion of the chimney, above the ridge has lost its decorative top coursing and has a parged area around the two flues. The chimney has decorative limestone elements where the fireplace breast reduces to the chimney. The chimney is likely a part of the Queen Anne Revival alterations and projects just beyond the exterior wall. Porch An open veranda extends across the front facade, west of the tower. The porch has narrow tongue and groove flooring. Four plain Doric columns support the veranda roof across the front. A column or pilaster is located on either side of the porch where it meets the main wall of the house. The roof of the veranda is hipped with a closed gable, centred over the front door (although not central to the porch which is asymmetrical due to the tower). The tympanum of the gable has the same decorative wood shingle treatment found elsewhere on the house. A decorative dentil moulding is located under the cave of the porch roof and a half round moulding along the porch entablature. The porch has removable storm panels with 9 glazed panes above 3 vertical solid panels. Other Decorative Features The house has decorative fluted pilasters serving as corner boards on the first floor located at the northwest, southwest, and northeast corners. The pilasters have Ionic capitals. Fluted pilasters (without capitals) found elsewhere appear to be more recent additions. The comers of the projecting bay at the second floor have square corner columns with decorative wood mouldings serving as capitals about 2/3 of the way up. Setting The house is situated low to the ground on a limestone foundation. A lawn extends between the front porch and the sidewalk and a mature maple tree is located in the front lawn. The rear yard has a modern privacy fence. A modem 2 car garage is located behind the house on the east side. A poured concrete driveway extends between the street and the garage. The house is situated on a deep lot (270') with a large rear yard dotted with several mature trees and gardens. There is a small red brick structure in the rear yard, approximately half way from the house to the rear lot line. The structure is approximately 5' x 5' square with double wooden doors hinged to open outwards. Once open, there is a second set of doors which open inward. The present owner suggested it may have been a summer kitchen as it was located next to a small garden, or more likely, a smoke house. S:\HISTORY\IN V \Cu1p6023 \by- law.wpd Dean lorfida By-law for contract with School Board Page 1 From: Ken Beaman To: Dean lorfida Date: 6/23/2006 10:11:36 AM Subject: By -law for contract with School Board Dean this by -law is required to execute an agreement to construct road improvements and a parking lot near Father Hennepin School. On behalf of Public Works, I am asking that the usual processes be expedited because Public Works needs to get their contractor on the property ASAP in order to ensure that the required work is completed before the start of the next school year. The approval of the agreement by the School Board was delayed by an unfortunate coincidence of holidays, or perhaps more specifically, a lack thereof. (Their lawyer was away and then the key staff member was away.) Trusting this to be satisfactory, Ken CC: Frank Tassone; Geoff Holman; Janet McQuay A by -law to authorize the execution of an Agreement with The Niagara Catholic District School Board respecting the design and construction ofa parking lot and roadway improvements to alleviate the traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated the 26 day of June, 2006 and made between The Niagara Catholic District School Board as School Board and The Corporation of the City of Niagara Falls as City, respecting the design and construction of a parking lot and roadway improvements to alleviate the traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty -sixth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 26, 2006 June 26, 2006 June 26, 2006 CITY OF NIAGARA FALLS By -law No. 2006 THIS AGREEMENT made this 26 day of June, 2006. BETWEEN: THE NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Hereinafter called the "School Board and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City", of the FIRST PART; of the SECOND PART; WHEREAS the School Board has been experiencing traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls in the Regional Municipality of Niagara; AND WHEREAS the School Board has devised a plan to alleviate that traffic congestion; AND WHEREAS the plan consists of a parking lot and roadway improvements as conceptually illustrated in the Schedules to this Agreement (hereinafter referred to as "the Works AND WHEREAS the design and construction of the improvements contemplated by this Agreement shall proceed in accordance with the City's policies, procedures and standards for urban construction; AND WHEREAS the parking lot is to be located on lands owned by the School Board and the roadway improvements, when completed, are to be located entirely upon land owned the City; AND WHEREAS parts of the turning circle required to complete the work is to be located on land that is currently the property of the School Board and are to be conveyed to the City as a part of this Agreement; AND WHEREAS it is the intention of the parties that the City will pay for the improvements to Churchill Street and the School Board shall pay for the costs of improving the parking lot of Father Hennepin Elementary School. IF 1 2 NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained and other valuable consideration, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: City's Obligations to Construct the Work 1. The parties to this Agreement understand and agree that the work will consist of the estimating, tendering, construction, completion and inspection of improvements to Churchill Street in the City of Niagara Falls and to certain lands currently owned by the School Board consisting of a parking lot, roadway complete with turning circle, curbs, sewers and street lighting together with all other works required to construct the subject improvements to a standard acceptable to the Director of Engineering of the City acting reasonably. The Works are illustrated and itemized on Schedules "A "A -1" ,"B" and `B -1" attached to and forming part of this Agreement. The City will co- ordinate and oversee all aspects of the construction of the work including, without limiting the generality of the foregoing: (a) The detailed design of the work; (b) The preparation of the estimates of the cost of the work; (c) The tendering of the work; (d) The drafting and preparation of the contract for the construction of the work; (e) The retention of any experts required to administer and inspect the construction and completion of the work; (f) Certification of the completion of the work; and (g) Inspection of the work. School Board's Obligation to Pay 2. (a) The School Board will pay to the City all of the costs incurred by the City in performing its obligations as set out in paragraph 1 above, with respect to the Works illustrated and itemized on Schedules `B" and `B -1" including without limiting the generality of the foregoing, all costs of engineering, constructing and administering the contract for the said Works. 3 (b) The School Board shall also pay for all costs associated with the acquisition and installation of a street light located on the north side of Churchill street. The street light to have luminaires lighting both of Churchill Street and the school parking lot shown on Schedule "B "to this Agreement. Start Date 3. Unless otherwise agreed upon in writing by the parties, the City shall be required to commence construction forthwith and complete the Works on or before August 25, 2006. Conveyance of Land to City 4. The School Board agrees to convey such real property as is required to complete the turning circle illustrated in Schedule "A" at the end of Churchill Street opposite Father Hennepin Elementary School to a standard acceptable to the Director of Engineering of the City acting reasonably. Such real property is to be conveyed free and clear of any encumbrances upon title of any kind whether registered or not. The transaction to close on or before June 15, 2006 and is more particularly identified as Parts 1 and 2 on Schedule "C" to this Agreement. The land so conveyed will be dedicated as public highway by the City. Construction Lien Act The City shall comply with all of the provisions of the Construction Lien Act, R.S.O. 1990, (hereinafter called the "Act and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. 6. The City shall, at his own expense, within ten (10) days of receiving written notice from the City to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Act which affects the City Lands or any lands owned by the City, including public highways, and which arise out of the performance of this Agreement by the School Board and his servants, employees, agents and contractors. 4 Liability of School Board 7. The City is not responsible or liable: (a) for any loss or damage that may happen to the Works, or to any part or parts thereof; (b) for any of the materials or other things used and employed in finishing and completing the Works or any part or parts thereof; (c) for any injury to any person or persons, including workmen and the public during the construction of the Works or the maintenance thereof by the School Board pursuant to the provisions of this Agreement; (d) for damage caused by the storage, handling or use of explosives during construction of the Works; (e) for the disposal of surface water from the City Lands; (f) for damage to the City Lands, any roadway, pavement, sidewalk or any lands owned by the City, including public highways during construction of the Works; (g) for damage to the property of any person; (h) for damage caused by the construction or operation of the Works; or (i) for any loss or damage caused by the disposal or escape of surface water from the City Lands. 8. Notwithstanding any provisions of this Agreement, the City is not liable for and no provision of this Agreement is to be construed as imposing upon the City any liability in respect of any matter or thing arising directly or indirectly out of the provisions of this Agreement, for any damage to the School Board, to any other person of the School Board's Lands or of any other person by reason of: (a) any inspection carried out by the City, the Inspector or a duly authorized servants, employees, agents or contractors of the City under any by -law of the City, or otherwise; (b) the failure of the City, the Inspector or any duly authorized servants, employees, agents or contractors of the City to carry out any inspection under any by -law of the City, or otherwise; or (c) the approval or disapproval of any matter or thing, arising directly or indirectly out of the provisions of this Agreement by the City, the Inspector or any duly authorized servants, employees, agents or contractors of the City. 5 9. Until final acceptance of the Works by the City, the School Board shall indemnify the City against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of the School Board, its servants, employees, agents or contractors doing, failing to do, or doing incorrectly or negligently anything it is required to do by the terms of this Agreement. 10. Indemnification The School Board shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the School Board thereunder or intended to be, and the School Board shall at all times indemnify and save harmless the City and its successors, administrators, permitted assigns, officers, employees, agents, servants, representatives, appointees and all others for whom the City is responsible in law and its affiliates and their respective successors, administrators, permitted assigns, officers, employees, agents, servants, representatives, appointees and all others for whom the City is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising out of this Agreement. Notwithstanding the above, the School Board shall not be liable hereunder for any loss, damage or injury arising from the negligence or other wrongful act of the City. Cost of Agreement 11. The School Board shall pay the cost of preparing the Agreement. Operating Costs of the Street Light 12. The City shall bear all expenses associated with the operation of the street light described in paragraphs 2 and 3 above including the cost of electrical energy to power the light. Expense to be Paid by School Board 13. Every provision of this Agreement by which the School Board is obligated in any way is to be deemed to include the words "at the expense of the School Board" unless any such provision expressly provides to the contrary. ,T -,r -T- Gender 14. Wherever the singular or masculine is used in this Agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary have been made and all covenants hereto contained shall be construed to be several as well as joint. No Assignment Without Consent 15. The City shall have the absolute and unfettered right to assign or transfer its rights hereunder in whole or in part to another government body or agency or to a utility company and shall not be bound to give notice thereof to any party. Heirs, Successors and Assigns 16. This Agreement and all items contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns and successors in title. Notice The School Board: 6 17. Any notice to be given pursuant to this Agreement may be delivered or sent by facsimile transmission to the School Board and the City as follows: Niagara Catholic District School Board Mr. Domenic Maniccia Manager of Plant Operations 427 Rice Road Welland, Ontario L3C 7C1 Telephone: (905) 735 -0240 Facsimile: (905) 734 -8828 The City: The Corporation of the City of Niagara Falls Municipal Works Mr. Geoffrey Holman Manager of Development 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone No.: Facsimile.: Any such notice, if mailed, shall be deemed to be given to and received by the other party three (3) business days after the mailing thereof, or if sent by facsimile transmission on the date the facsimile transmission was sent, provided it is sent before 4:30 p.m. Non Waiver Of Breach Dispute Resolution Disclaimer of Partnership 7 (905) 356 -7521 ext. 4219 (905) 356-2354 18. Any condoning, excusing or overlooking by any party of any default, breach or non observance by any other at any time or times in respect of any covenant, agreement or condition herein contained shall not affect in any way that party's rights in respect of any subsequent default, breach or non observance. 19. The parties will attempt to resolve any differences between them respecting any matter in this Agreement by negotiation between themselves personally or by their respective solicitors, and no party shall initiate any other procedure, whether by litigation or otherwise, until negotiations have exhausted all reasonable possibilities of resolution, save and except in an instance where immediate injunctive relief is deemed necessary by one of the parties. The parties hereby consent to the appointment ofa mutually agreed upon mediator to assist in the resolution of any dispute arising out of this Agreement. 20. The parties hereto disclaim any intention to create a partnership between them or to constitute any of them the agent of the other or to create any fiduciary relationship between themselves. Nothing in this Agreement shall constitute the parties being construed as Entire Contract 21. There are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Agreement except as expressly set out in this Agreement, and the attached Schedules, constitute the entire Agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, representations, and understandings, both written and verbal, in respect of the subject matter hereof. Severability 8 partners or agents of one another, nor, except as may be expressly provided in this Agreement, constitute any of them the agent of the other party. 22. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and be binding upon the parties hereto. 23. This Agreement cannot be changed or modified except by another Amendment Agreement in writing signed by the parties. Recitals and Schedules Part of Contract 24. (a) It is acknowledged and agreed that the recitals to this Agreement are true and form a part of this Agreement. (b) It is acknowledged and agreed that the Schedules to this Agreement form a part of this Agreement. IN WITNESS WHEREOF the School Board hereto has hereunto set his hands and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind the Corporation. SIGNED, SEALED AND DELIVERED in the presence of: THE NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Name: Angelo Di Ianni Title: Director of Education I have authority to bind the School Board Name: Dan Whipple Title: Chairman I have authority to bind the School Board 9 THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A CC 6058 ITEM NO. SPEC NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE SECTIONI GENERAL 1.1 Al,SP4 Bonding 1.0 LS Ica' 6' 1 1 1 p. 1.2 A2, SP5 Pre condition Survey 1.0 LS lcoF' c00 pc 1.3 A4, SP6 Construction Layout i) Layout ii) As-Constructed 1.0 1.0 LS LS I l/7LS� ���25. 1.4 A7, SP7 Construction Signs, Traffic Control and Traffic Management Plan 1.0 LS SINISFIMBEM 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 Contract #2006-167-06 CHURCHILL STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES SCHEDULE "AI" FT-4 1 ITEM NO. SPEC NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE SECTION 2 CHURCHILL STREET 2.1 CI STORM SEWER i) Supply and install 300mm SDR35 PVC. Pipe From MHSI to MHS2 ii) Supply and install 300mm SDR35 PVC. Pipe From 9.7 m IC) Ig MHS2 to Existing MH ii) Supply and install 300mm SDR35 PVC. Pipe From 6.7 m S tICI t12.%?'' Property Line to Existing MH 12S m I c? 7 2.2 C2, SP8 CATCH BASIN LEADS i) Supply and install 250mm catch basin lead including PVC SDR35 pipe, all bends, couplings and adapters as required 12.3 m so°'- $2 m MO MEI Mr ME MEN 1 2.3 C6, SP9 PRECAST CONCRETE MAINTENANCE HOLES i) Supply and install new maintenance holes including frame and cover (OPSD 401.010), safety platform (OPSD 404.020) as required and pipe connection a) MHS1 OPSD 701.010 (1.9m depth) 1.0 each $2��g $7 b) MHS2 OPSD 701.011 (1.9m depth) including connection of existing 250mm dia storm sewer `"l lateral 1.0 each 21€01" 2 co' 2.4 C6 CATCH BASINS i) Supply and install precast concrete double catch basin (OPSD 705.020) c/w frame and grate (OPSD 400.020) 2.0 each $20009 7 4E0:7 2.5 CI, SPIO Break into existing MH and connect new 300mm dia storm sewer 2.0 each I c cP m 1 Contract t/2006-167-06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES FT -5 11 1 CONSTRUCTION 1 1 1 1 1 1 1 1 1 Contract #2006 167 -06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT SCHEDULE OF QUANTITIES AND UNIT PRICES FT-6 T ITEM NO. SPEC NO. DESCRIPTION ESTIMATE QUANTITY UNIT UNIT PRICE TOTAL PRICE SECTION '2' CON'T 2.6 B27 REMOVALS DISPOSAL ii) Double Catch Basin iii) Sewer pipe (all sizes) 2.0 SOD P' C t 7c 05" v) Asphalt 1050.0 31255?' vi) Concrete Curb (all types) 82.0 czrozm vii) Concrete sidewalk 115.0 I I I SD cn 2.7 C5 FLUSH AND INSPECT SEWERS i) MRS] toMHS2 9.7 2-47--5? ii) MHS2 to Existing MH 6.7 2.. 34--1 2.8 131 Earth Excavation (Roadworks only) 740.0 c i l sor 2.9 B3 Granular 'A' crushed limestone (all items) 1490.0 Nf H df H H H H H H t 3$ 53 (DO 2.4:DaQC Note: Payment for granular trench backfdl shall be as indicated in "Typical Trench Detail" shown on Dwg. CC -6058 2.10 B6, SPII Subdrain 184.0 21 2.11 BS Concrete Curb and Gutter (OPSD 600.040 mechanical or hand placed) 184.0 /l 2.12 B9 CONCRETE SIDEWALK i) 1.5m wide standard (125mm Thick) 140.0 S G5 21:)� !c7 ii) 1.5m wide driveway (150mm Thick) 25.0 I 2.13 1311 Asphalt Milling (40mm) 260.0 2121027 2.14 B14, SP12 HOT MIX ASPHALT i) HLSHS(80mm) 240.0 I SAP ii) HL3HS (40mm) 145.0 IoI I 2.15 B21, SP13 Topsoil and Sod 335.0 31 ;SO 2.16 B22, SP13 Topsoil, Hydroseed and Mulch 560.0 i G:A l CS 11 1 CONSTRUCTION 1 1 1 1 1 1 1 1 1 Contract #2006 167 -06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT SCHEDULE OF QUANTITIES AND UNIT PRICES FT-6 T 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contract #2006-167-06 CHURCHILL STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES SPEC I NO. DESCRIPTION I ESTIMATED UNIT QUANTITY UNIT I PRICE ITEM' TOTAL PRICE FT-7 Contract #2006 167 -06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES REVISED MAY 11, 2006 TEM NO. 4.1 4.2 4.3 4.4 45 4.6 4.7 SPEC NO. C4, SP19 B23, SP20 B24, SP2I SP22 SP23 SP24 A9, SP25 DESCRIPTION SECTION 4 PROVISIONAL SANITARY LATERAL REPAIRS (for repair of unknown infrastructure, as directed by the Contract Administrator) i) DR28 PVC. pipe c/w Femco Couplings up to including 150mm dia.) ii) SDR35 PVC. pipe c/w Femco Couplings (200mm or greater) Apply Calcium Chloride for Dust Control Water for compaction and dust control Trench or Road Sub Excavation 50mm Crusher Run Stone TEST HOLES (as directed by Contract Administrator to verify depth and location of infrastructure) i) depth up to 2.0m ii) depth up to 4.0m Unshrinkable concrete 1111 Contingency ESTIMATE QUANTITY 10.0 10.0 2.0 250.0 20.0 2.0 2.0 20.0 1.0 UNIT m M I M 3 each each 3 m LS UNIT PRICE S 600 S 10 S 35 S 200 S 300 $115°' S xxxxxxxxxx TOTAL PRICE S xxxx S xxxxxxxxxxx S 10000 FT -10 SCHEDULE 5 II -ter- -r 1 5 1 1 11 v 1 1 1 1 1 1 1 1 1 1. 1 Contract 42006-167-06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES dt HEDUL FT -4 ITEM NO. SPEC NO. DESCRIPTION ESTIMATE UNITj RICE POKE TOTAL sEaxoN 1- GENERAL II 2 2 22 2 I 1.1 A1,SP4 Bonding 1.0 s I S e ttIED 12 A2, SP5 Pre condition Survey 1.0 s 1CQP Oo 13 A4, SP6 Construction Layout Layout ii) 1 0 s 172_S e° 1172.s? As-Constructed 1.0 CIO• w 1.4 A7, SP7 Construction Signs, Traffic Control and Traffic Management Plan 1.0 12coT7s. s 3&r 7c 1 5 1 1 11 v 1 1 1 1 1 1 1 1 1 1. 1 Contract 42006-167-06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES dt HEDUL FT -4 ITEM NO. SPEC NO. DESCRIPTION ESTIMATED UNIT QUANTITY UNIT PRICE TOTAL PRICE SECTION 3 PARKING LOT 3.1 C1, SP8 STORM SEWER i) Supply and install 250mm SDR35 PVC. Pipe From DICB #1 to CBMH #1 ii) Supply and install 300mm.SDR35 PVC. Pipe From 13.2 m 2-co 2 I -640:07 CBMI-1#1 to Property Line 10.3 m 200 2 o 3.2 C6, SP9 PRECAST CONCRETE MAINTENANCE HOLES i) Supply and install new maintenance holes including frame and cover (OPSD 401.010), safety platform (OPSD404.020) as required and pipe connection a) CBMHI OPSD 701.010 (2.1m depth) 1.0 each 7 c9 S 31Oco 3.3 C6 CATCH BASINS i) Supply and install precast catch basin (OPSD 705.010) chi frame and grate (OPSD 400.020) 1.0 each I I rik-�y°' 1 700.. 3.4 C5 FLUSH AND INSPECT SEWERS i) CBI toCBMHI 13.2 m (t-cb 2.I.1)= ii)CBMHItoExMH 22.8 m X00 2ZS.° 3.5 AS Clearing and Grubbing 1.0 LS S ea 3.6 B1 Earth Excavation (Parking Lot only) 615.0 m s8 3.7 B3 Granular 'A' crushed limestone (all items) 1300.0 t t 74 $22 Note; Payment for granular trench backfill shall be as indicated in "Typical Trench Detail" shown on Dwg. 770065-P02 3.8 B8 Concrete Curb (OPSD 600.110 mechanical or hand placed) 190.0 m 39 c 7 3.9 SP15 Construct swale 55.0 m 2.0P° wool's:* 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contract #2006-167-06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES FT -8 ITEM NO. SPEC NO. DESCRIPTION ESTIMATI QUANTITY 'OTAL 'RICE SECTION '3' CON'T Vhp H H H H H H V! H H 3.10 B14, SPI2 HOT MIX ASPHALT i) HL8 (50mm) 155.0 ii) HL3 (40mm) 125.0 ii) HL3 (50mm) Emergency Access Driveway 25.0 3.11 B21, SP13 LANDSCAPING SP16,SP17 i) Supply and place trees Thuja Occidentalis "Fastigata" (Pyrimidal Cedar) 9.0 each H ii) Site grading LO LS Hi) Topsoil and Sod 500.0 m 3.12 SP18 PAVEMENT MARKINGS i) Line markings 1.0 LS ii) Hatching 1.0 LS 3.13 SPI4 Supply and install Emergency Access Post Chain 1.0 LS 11 1 1 1 1 1 1 Contract #2006- 167 -06 CHURCHILL STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES FT -9 1 Contract #2006-167-06 CHURCHILL, STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES REVISED MAY 11,2006 ITEM NO. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 SPEC NO. C4, SP19 B23, SP20 1324, SP21 SP22 SP23 SP24 A9, SP25 DESCRIPTION i) depth up to 2.0m ii) depth up to 4.0m Unshrinkable concrete fill Contingency SECTION 4 PROVISIONAL SANITARY LATERAL REPAIRS (for repair of unknown infrastructure, as directed by the Contract Administrator) i) DR28 PVC. pipe dw Femco Couplings up to including 150mm dia) ii) SDR35 PVC. pipe c!w Femco Couplings (200mm or greater) Apply Calcium Chloride for Dust Control Water for compaction and dust control Trench or Road Sub Excavation 50mm Crusher Run Stone TEST HOLES (as directed by Contract Administrator to verify depth and location of infrastructure) ESTIMATE QUANTITY 10.0 10.0 2.0 250.0 20.0 2.0 2.0 20.0 1.0 UNIT m M 3 each each M 3 LS UNIT PRICE 150 t' I elpm S 600 S 10 S 35 S 200 S 300 $115`° S xxxxxxxxxx TOTAL PRICE S xxxxxxxxxxx xxxxxxxuxx FT -10 ck FP N .i 91 I i o m 0 I 11/ 72 I 1 0 tfl -P OL 1 0 'ON pw 3 g s 3 i ffiz ali 1NY d I 1 5 e The Niagara Parks Commission is pleased to invite you to The Grand Opening Of The New Niagara Totem Pole and Woodcarving Park Wednesday, June 28 2006 at 11:00 a.m. Location: Niagara Glen 1 km north of the Whirlpool Golf Course on the Niagara Parkway; Niagara Falls, Ontario. Parking is available on -site. The Niagara Totem Pole and Woodcarving Park will contain a collection of hand carved, one -of -a -kind totem poles, and will feature regular on -site carving and interactive demonstrations, all in the peaceful environment overlooking the Great Gorge. Fort Erie Native Friendship Centre Dancers will perform a special ceremonial dance at the opening. The totem carvings will all be created by Master Carver, Frank Kim, who was trained by his father in South Korea. For nearly 25 years, Mr. Kim has created his original carvings based on the properties and personality that he finds in the wood. Please RSVP The Niagara Parks Commission Nia Events Office: Parks 1 905 371 -0254 Ext. 3 An agency of the Government of Ontario since 1885 -11"-_t- UNITE HERE!< June 22 2006 UNITE HERE Ontario Council OFL -CLC Alexandra Dagg, Director James Deane, President Paul Clifford, President Local 75 t 416.510.0887 800.268.4064 f 416.510.0891 460 Richmond Street West, 2nd Floor, Toronto, ON, M5V 1Y1 To the Mayor and members of the Niagara Falls City Council: UNITE HERE represents over 700 workers in Niagara Falls, many of whom live in the neighbourhoods abutting the former Cyanamid/Cytec facilities. We have been closely following the plans to locate the proposed twin -pad arena on the former Cytec lands. We believe there are concerns about public health and safety that should be addressed before this site is pursued as a location for an arena complex. Our concerns have been heightened further by the prospect that the project's size and scope may be expanded even further in the coming weeks in response to the OHL proposal publicized last week. Over the course of more than 80 years of production, Cyanamid/Cytec manufactured, stored or disposed of vast quantities of coal, coke, lime, calcium carbide and calcium cyanamide.' According to the company's own 1986 study, some waste material from the plant, including coal tar and cyanide, was deposited on- site. A 1988 study cited evidence of a coal tar well on the site. Coal tar is a toxic and carcinogenic by- product of coke production and has been the root cause of many environmental crises across Canada, including the Sydney Tar Ponds in Nova Scotia. The City of Niagara Falls appears to be moving quickly in the planning and decision making for the new arena complex. We are concerned that most past studies of this site were commissioned and paid for by Cyanamid/Cytec, and believe a higher criterion of objectivity is required where a known carcinogen is suspected. The next stage in the evaluation of the land is a `Record of Site Condition', currently being prepared by a company called Cantox. This RSC process is being paid for by Cyanamid/Cytec. The Ministry of the Environment can audit RSCs prepared by third party assessors, but such audits only takes place after the initial approval of the RSC. Accordingly, development can take place before the results of the audit are released. As the Association of Municipalities of Ontario has noted, "The potential exists for municipalities to grant approvals for development on sites, which MOE ultimately not find satisfactory through their audits. Unfortunately, Niagara Falls, under your leadership, appears open to exactly such a risk. In the case of the Sydney Tar Ponds, a 1998 Cantox report on the Tar Ponds predicted "no measurable adverse health effects ...from long term exposure to chemicals in the Frederick Street neighbourhood. The Sierra Club of Canada described that assessment as "clearly flawed," and called for a peer review. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development o a6 info @unitehere.ca www.unitehere.ca We have two primary concerns. First, because of the historical presence of waste materials including coal tar and cyanide at the site, we believe an immediate, independent and thorough environmental assessment is warranted, not only looking forward to future development, but also to evaluate impacts on human health and the Niagara River ecosystem. Following such an assessment, the entire 93 -acre Cyanamid/Cytec piece of land should be remediated to the highest possible standard. Secondly, we urge the city to keep other options for the development of the arena open. A new twin -pad arena would be a welcome addition to our community, for our youth in particular. It would be unfortunate if the city had to start over from scratch because the current site proved to be too cumbersome or burdened by environmental problems. We ask the Council direct the staff to cooperate fully with all information requests currently pending with City departments, and that you take immediate steps to formally commit the City to a full and independent environmental impact review. Please let us know within the week how the City shall proceed in this matter by contacting Marc Hollin, UNITE HERE Research Analyst at (905) 354 -2027. Thank you for your consideration. Sincerely Alex Dagg Co- Director UNITE HERE! Canada 1 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. p46. 2 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. pp.48 -59. 3 Inventory of Industrial Sites Producing and Using Coal Tar and Related Tars in Ontario. Volume I (Intera Technologies Ltd.: July 1988). p.98. 4 "AMO Report on Brownfields Redevelopment: What Has Been Achieved, What Remains to be Done." Association of Municipalities of Ontario. (May 2006). 5 Human Health Risk Assessment of Frederick Street Area. Cantox Environmental. (August 11 1998) p.ii. 6 Sierra Club, "Government guidelines support Sierra Club's call for peer review of Cantox report." February 24, 1999. See also testimony from Dennis Gruending (Saskatoon— Rosetown= Biggar, NDP), from the Standing Committee on Environment and Sustainable Development (Recorded by Electronic Apparatus: Thursday, February 17, 2000). 7 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. p46. The City of Niagara Falis Canada Ms. Alexandra Dagg, Co- Director Unite Here! Canada 460 Richmond Street West, 2' Floor Toronto ON M5V 1Y1 Dear Ms. Dagg: Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falis, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 Fax: (905) 356 -9083 E -mail: diorfida @city.niagarafalls.on.ca Feel free to contact me should you have any questions. c. His Worship Mayor Ted Salci Members of Council June 23, 2006 Dean Iorfida City Clerk I received your letter dated June 22n 2006 for the Mayor and Members of Council. Although we have a Council meeting set for June 26t as I am sure you can appreciate our agenda for that meeting is set approximately a week in advance; therefore, your correspondence will not be on Council's upcoming agenda. As indicated to your associate, Mr. Marc Hollin, I will place the communication on the agenda for Council's next meeting (July 10 If you or someone from your organization wishes to make a deputation at that time, please send me an e -mail indicating such by Wednesday, June 28t Finally, in your letter to Council you mention your organization's Freedom of Information requests. Please be assured, staff is cooperating in accordance with the applicable legislation. In my letter to, and conversations with, Mr. Hollin, I have suggested that a more focussed request would lead to a more expeditious, and less costly, release of information. Sincerely, Dean Id'rfida City Clerk Ext. 4271 Working Together to Serve Our Community Clerk's Finance Human Resources information Systems Legal Planning Development ADDITIONS TO COUNCIL, MONDAY, JUNE 26, 2006 Council 1. Resolution- List of properties associated with the roll numbers listed. By -law 1. Correction to 2006 -108 A by -law to designate the property known as the Orchard /Cadham House, 6023 Culp Street, being PIN 64354 -0079 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. (Revised) 2. Additional By -law: 2006 -110 A by -law to authorize the execution of an Agreement with The Niagara Catholic District School Board respecting the design and construction of a parking lot and roadway improvements to alleviate the traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls. Invitation 1. Niagara Totem Pole and Woodcarving Park Opening, Wednesday, June 28th 11:00 a.m. at the Niagara Glen. Council Information 1. Letter from Unite Here Canada and response from City Clerk. 1. 2725 030 002 09300 0000 Casino 6380 Fallsview Blvd. 2. 2725 030 002 20500 0000 Skylon 5200 Robinson Street 3. 2725 100 001 04000 0000 Golia Estates 2283 Portage Road 4. 2725 100 006 11000 0000 Garner Estates (River Realty) 8297 McLeod Road 5. 2725 110 001 00200 0000 Marineland Chippawa Creek Rd. 6. 2725 130 002 09400 0000 Niagara Parks Commissioii (Legends) 9233 Niagara Pky. CITY OF NIAGARA FALLS By -law No. 2006- A by -law to designate the property known as the Orchard/Cadham House, 6023 Culp Street, being PIN 64354 -0079 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, s. 29 authorizes the Council of a municipality to enact by -laws to designate real property, including all buildings and/or structures thereon, within the municipality, to be of cultural heritage value or interest; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner(s) of the property, as described in Schedule "A" hereto, and upon the Ontario Heritage Trust, notice of intention to designate the property and has caused such notice of intention to designate to be published in a newspaper having general circulation in the municipality on December 10, 2005; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS no notice of objection to the proposed designation has been served upon the Clerk of the municipality. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The property, more particularly described in Schedule "A" hereto, known as the Orchard/Cadham House, is hereby designated to be of cultural heritage value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by -law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by -law to be served upon the owner(s) of the property and upon the Ontario Heritage Trust, and to cause notice of this by- law to be published in a newspaper having general circulation in the City of Niagara Falls. Passed this twenty -sixth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading Second Reading Third Reading June 26, 2006 June 26, 2006 June 26, 2006 SCHEDULE "A" to By -law No. All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the County of Welland, and being on the north side of Culp Street, according to Plan No. 653 for the Village, now the City of Niagara Falls, identified as Lot 6, Part of Lot 5 and Part of Lot 7 being all of the lands in PIN 64354- 0079 (LT). Statement of Cultural Heritage Value Historical Attributes Architectural Attributes Form Roof SCHEDULE "B" to By -law No. REASONS FOR DESIGNATION The house at 6023 Culp Street holds a prominent position close to the street and helps establish the character of the area. It is associated with an early family prominent in the settlement of Drummondville and continued to be occupied by descendants of the original owner for more than 140 years. The building exhibits architectural detail from the mid 19 century and was "updated" with details from a style popular at the end of the 19t century, thus depicting part of the evolutionary history of architecture in the City. The original part of the house was believed to have been built by John Allen Orchard about 1850; he continued to live there until his death in 1896. Orchard was one of Drummondville's prominent residents having served as Stamford Township Clerk, Reeve of Stamford Township and a Clerk of the Divisional Court. His nephew, Joseph Giddons Cadham, inherited the house. Cadham's daughter, Margaret Cadham, lived in the house until her death in 1988. The house displays two architectural styles. Initially, the house was a Classical Revival Style. The house was altered to include details from the Queen Anne Revival Style which are consistent with the architectural period when Joseph Cadham took possession of the house. The main portion of the house has a rectilinear plan in an east -west direction, with a circular tower at the south east corner. The main house is one and a half storeys with a steeply pitched gable roof which creates a high attic. At the rear is a lower one and a half storey tail with a gable roof. The house has a central hall plan with a balanced appearance. It is believed the original symmetry of the openings on either side of the front door was lost when the Queen Anne Revival elements were added. The main roof is a steeply pitched gable with decorative wood shingle tympanum in the highest part of each gable end. A central gable pierces the roof, just below the ridge, and surmounts a projecting glazed bay with a hipped roof. The central gable has a decorative wood shingle tympanum. The roofs are modern asphalt shingle although wood shingle would have been original to the house. The roof of the tail is a plain gable with a large shed dormer piercing the east side just above the eave. A small gable with decorative tympanum sits on top of the shed dormer. The gable has two windows (2 x 2 sash) with vertical proportions. The roof of the tower is conical with metal cap. The tower roof retains its wood shingles. Eaves The eaves of the house overhang the walls. A decorative moulding is applied to the vergeboard of the gable ends. A decorative moulding, concealed by modern aluminum eaves trough is applied to the fascia of the eaves. The eaves of the projecting bay in the centre gable have decorative crown moulding on the fascia and small decorative moulding resembling spools under the soffits. Walls The walls of the first floor, originally wood clapboard siding, have now been covered with vinyl siding (except the front facade, under the porch). The first floor of the tower have butt cut wood shingles. The second floor is clad with decorative wood shingles with the corners of each shingle cut at an angle. The walls of the second floor on the main house have a slight bell cast flare which projects beyond the first floor wall where they meet. The patterned shingles and flare extend around the second floor of the tower. The gable end wall just above the second floor windows and the third floor on the tower also have a slight flare. The decorative wood shingles of the third floor of the tower have a pattern of lowest single course of butt cut shingles, 4 courses of shingles with the corners angle cut and 9 courses of butt cut shingles arranged in a staggered pattern, alternating up and down. The walls of the dormer of the rear tail are decorative wood shingles with the corners cut at an angle. Windows and Doors The windows are modern vinyl replacements of originals, but appear to follow the one over one sash arrangement depicted in earlier photographs. The exception is the large round headed window to the west (left) of the front door. This window retains its leaded stained glass transom in the half round upper portion. The lower sash is one large single pane that stops approximately 2 feet from the floor. The windows in the projecting central bay are modern with plastic inserts which give a multi -paned appearance. The front door is wooden with the top 1/3 being glass and the lower 2/3 consisting of 9 small panels (3 x 3). An ornate door knob, plate and doorbell decorate the door. The front door is covered by a decorative screen door. The rear doors on the tail are modern steel doors. Chimney A large red chimney extends through the roof of the east side. The upper portion of the chimney, above the ridge has lost its decorative top coursing and has a parged area around the two flues. The chimney has decorative limestone elements where the fireplace breast reduces to the chimney The chimney is likely a part of the Queen Anne Revival alterations and projects just beyond the exterior wall. Porch An open veranda extends across the front facade, west of the tower. The porch has narrow tongue and groove flooring. Four plain Doric columns support the veranda roof across the front. A column or pilaster is located on either side of the porch where it meets the main wall of the house. The roof of the veranda is hipped with a closed gable, centred over the front door (although not central to the porch which is asymmetrical due to the tower). The tympanum of the gable has the same decorative wood shingle treatment found elsewhere on the house. A decorative dentil moulding is located under the eave of the porch roof and a half round moulding along the porch entablature. The porch has removable storm panels with 9 glazed panes above 3 vertical solid panels. Other Decorative Features The house has decorative fluted pilasters serving as comer boards on the first floor located at the northwest, southwest, and northeast corners. The pilasters have Ionic capitals. Fluted pilasters (without capitals) found elsewhere appear to be more recent additions. The comers of the proj ecting bay at the second floor have square corner columns with decorative wood mouldings serving as capitals about 2/3 of the way up. Setting The house is situated low to the ground on a limestone foundation. A lawn extends between the front porch and the sidewalk and a mature maple tree is located in the front lawn. The rear yard has a modem privacy fence. A modern 2 car garage is located behind the house on the east side. A poured concrete driveway extends between the street and the garage. The house is situated on a deep lot (270') with a large rear yard dotted with several mature trees and gardens. There is a small red brick structure in the rear yard, approximately half way from the house to the rear lot line. The structure is approximately 5' x 5' square with double wooden doors hinged to open outwards. Once open, there is a second set of doors which open inward. The present owner suggested it may have been a summer kitchen as it was located next to a small garden, or more likely, a smoke house. S:\ HISTORY \INV\Cu1p6023 \by law.wpd Dean lorfida B -law for contract with School Board Pa. e 1 From: Ken Beaman To: Dean lorfida Date: 6/23/2006 10:11:36 AM Subject: By -law for contract with School Board Dean this by -law is required to execute an agreement to construct road improvements and a parking lot near Father Hennepin School. On behalf of Public Works, I am asking that the usual processes be expedited because Public Works needs to get their contractor on the property ASAP in order to ensure that the required work is completed before the start of the next school year. The approval of the agreement by the School Board was delayed by an unfortunate coincidence of holidays, or perhaps more specifically, a lack thereof. (Their lawyer was away and then the key staff member was away.) Trusting this to be satisfactory, Ken CC: Frank Tassone; Geoff Holman; Janet McQuay CITY OF NIAGARA FALLS By -law No. 2006 -110 A by -law to authorize the execution of an Agreement with The Niagara Catholic District School Board respecting the design and construction of a parking lot and roadway improvements to alleviate the traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated the 26 day of June, 2006 and made between The Niagara Catholic District School Board as School Board and The Corporation of the City of Niagara Falls as City, respecting the design and construction of a parking lot and roadway improvements to alleviate the traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty -sixth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 26, 2006 June 26, 2006 June 26, 2006 THIS AGREEMENT made this 26 `h day of June, 2006. BETWEEN: THE NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Hereinafter called the "School Board and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City of the FIRST PART; of the SECOND PART; WHEREAS the School Board has been experiencing traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls in the Regional Municipality of Niagara; AND WHEREAS the School Board has devised a plan to alleviate that traffic congestion; AND WHEREAS the plan consists of a parking lot and roadway improvements as conceptually illustrated in the Schedules to this Agreement (hereinafter referred to as "the Works AND WHEREAS the design and construction of the improvements contemplated by this Agreement shall proceed in accordance with the City's policies, procedures and standards for urban construction; AND WHEREAS the parking lot is to be located on lands owned by the School Board and the roadway improvements, when completed, are to be located entirely upon land owned the City; AND WHEREAS parts of the turning circle required to complete the work is to be located on land that is currently the property of the School Board and are to be conveyed to the City as a part of this Agreement; AND WHEREAS it is the intention of the parties that the City will pay for the improvements to Churchill Street and the School Board shall pay for the costs of improving the parking lot of Father Hennepin Elementary School. 2 NOW THEREFORE THIS AGREEMENT W1TNESSETH that in consideration of the mutual covenants and agreements herein contained and other valuable consideration, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: City's Obligations to Construct the Work 1. The parties to this Agreement understand and agree that the work will consist of the estimating, tendering, construction, completion and inspection of improvements to Churchill Street in the City of Niagara Falls and to certain lands currently owned by the School Board consisting of a parking lot, roadway complete with turning circle, curbs, sewers and street lighting together with all other works required to construct the subject improvements to a standard acceptable to the Director of Engineering of the City acting reasonably. The Works are illustrated and itemized on Schedules "A "A -1" ,"B" and `B -1" attached to and forming part of this Agreement. The City will co- ordinate and oversee all aspects of the construction of the work including, without limiting the generality of the foregoing: (a) The detailed design of the work; (b) The preparation of the estimates of the cost of the work; (c) The tendering of the work; (d) The drafting and preparation of the contract for the construction of the work; (e) The retention of any experts required to administer and inspect the construction and completion of the work; (1) Certification of the completion of the work; and (g) Inspection of the work. School Board's Obligation to Pay 2. (a) The School Board will pay to the City all of the costs incurred by the City in performing its obligations as set out in paragraph 1 above, with respect to the Works illustrated and itemized on Schedules `B" and `B -1" including without limiting the generality of the foregoing, all costs of engineering, constructing and administering the contract for the said Works. (b) The School Board shall also pay for all costs associated with.the acquisition and installation of a street light located on the north side of Churchill street. The street light to have luminaires lighting both of Churchill Street and the school parking lot shown on Schedule "B"to this Agreement. Start Date 3 3. Unless otherwise agreed upon in writing by the parties, the City shall be required to commence construction forthwith and complete the Works on or before August 25, 2006. Conveyance of Land to City 4. The School Board agrees to convey such real property as is required to complete the turning circle illustrated in Schedule "A" at the end of Churchill Street opposite Father Hennepin Elementary School to a standard acceptable to the Director of Engineering of the City acting reasonably. Such real property is to be conveyed free and clear of any encumbrances upon title of any kind whether registered or not. The transaction to close on or before June 15, 2006 and is more particularly identified as Parts 1 and 2 on Schedule "C" to this Agreement. The land so conveyed will be dedicated as public highway by the City. Construction Lien Act 5. The City shall comply with all of the provisions of the Construction Lien Act, R.S.O. 1990, (hereinafter called the "Act and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. 6. The City shall, at his own expense, within ten (10) days of receiving written notice from the City to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Act which affects the City Lands or any lands owned by the City, including public highways, and which arise out of the performance of this Agreement by the School Board and his servants, employees, agents and contractors. 4 Liability of School Board 7. The City is not responsible or liable: (a) for any loss or damage that may happen to the Works, or to any part or parts thereof; (b) for any of the materials or other things used and employed in finishing and completing the Works or any part or parts thereof; (c) for any injury to any person or persons, including workmen and the public during the construction of the Works or the maintenance thereof by the School Board pursuant to the provisions of this Agreement; (d) for damage caused by the storage, handling or use of explosives during construction of the Works; (e) for the disposal of surface water from the City Lands; (f) for damage to the City Lands, any roadway, pavement, sidewalk or any lands owned by the City, including public highways during construction of the Works; (g) for damage to the property of any person; (h) for damage caused by the construction or operation of the Works; or (i) for any loss or damage caused by the disposal or escape of surface water from the City Lands. 8. Notwithstanding any provisions of this Agreement, the City is not liable for and no provision of this Agreement is to be construed as imposing upon the City any liability in respect of any matter or thing arising directly or indirectly out of the provisions of this Agreement, for any damage to the School Board, to any other person of the School Board's Lands or of any other person by reason of: (a) any inspection carried out by the City, the Inspector or a duly authorized servants, employees, agents or contractors of the City under any by -law of the City, or otherwise; (b) the failure of the City, the Inspector or any duly authorized servants, employees, agents or contractors of the City to carry out any inspection under any by -law of the City, or otherwise; or (c) 10. Indemnification 5 the approval or disapproval of any matter or thing, arising directly or indirectly out of the provisions of this Agreement by the City, the Inspector or any duly authorized servants, employees, agents or contractors of the City. 9. Until final acceptance of the Works by the City, the School Board shall indemnify the City against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of the School Board, its servants, employees, agents or contractors doing, failing to do, or doing incorrectly or negligently anything it is required to do by the terms of this Agreement. The School Board shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the School Board thereunder or intended to be, and the School Board shall at all times indemnify and save harmless the City and its successors, administrators, permitted assigns, officers, employees, agents, servants, representatives, appointees and all others for whom the City is responsible in law and its affiliates and their respective successors, administrators, permitted assigns, officers, employees, agents, servants, representatives, appointees and all others for whom the City is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising out of this Agreement. Notwithstanding the above, the School Board shall not be liable hereunder for any loss, damage or injury arising from the negligence or other wrongful act of the City. Cost of Agreement 11. The School Board shall pay the cost of preparing the Agreement. Operating Costs of the Street Light 12. The City shall bear all expenses associated with the operation of the street light described in paragraphs 2 and 3 above including the cost of electrical energy to power the light. Expense to be Paid by School Board 13. Every provision of this Agreement by which the School Board is obligated in any way is to be deemed to include the words "at the expense of the School Board" unless any such provision expressly provides to the contrary. Gender 14. Wherever the singular or masculine is used in this Agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary have been made and all covenants hereto contained shall be construed to be several as well as joint. No Assignment Without Consent 15. The City shall have the absolute and unfettered right to assign or transfer its rights hereunder in whole or in part to another government body or agency or to a utility company and shall not be bound to give notice thereof to any party. Heirs, Successors and Assigns 16. This Agreement and all items contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns and successors in title. Notice 17. Any notice to be given pursuant to this Agreement may be delivered or sent by facsimile transmission to the School Board and the City as follows: The School Board: 6 Niagara Catholic District School Board Mr. Domenic Maniccia Manager of Plant Operations 427 Rice Road Welland, Ontario L3C 7C1 Telephone: (905) 735 -0240 Facsimile: (905) 734 -8828 The City: The Corporation of the City of Niagara Falls Municipal Works Mr. Geoffrey Holman Manager of Development 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone No.: Facsimile.: Any such notice, if mailed, shall be deemed to be given to and received by the other party three (3) business days after the mailing thereof, or if sent by facsimile transmission on the date the facsimile transmission was sent, provided it is sent before 4:30 p.m. Non Waiver Of Breach 18. Any condoning, excusing or overlooking by any party of any default, breach or non observance by any other at any time or times in respect of any covenant, agreement or condition herein contained shall not affect in any way that party's rights in respect of any subsequent default, breach or non observance. Dispute Resolution 19. The parties will attempt to resolve any differences between them respecting any matter in this Agreement by negotiation between themselves personally or by their respective solicitors, and no party shall initiate any other procedure, whether by litigation or otherwise, until negotiations have exhausted all reasonable possibilities of resolution, save and except in an instance where immediate injunctive relief is deemed necessary by one of the parties. The parties hereby consent to the appointment of a mutually agreed upon mediator to assist in the resolution of any dispute arising out of this Agreement. Disclaimer of Partnership 7 (905) 356 -7521 ext. 4219 (905) 356 -2354 20. The parties hereto disclaim any intention to create a partnership between them or to constitute any of them the agent of the other or to create any fiduciary relationship between themselves. Nothing in this Agreement shall constitute the parties being construed as partners or agents of one another, nor, except as may be expressly provided in this Agreement, constitute any of them the agent of the other party. Entire Contract 21. There are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Agreement except as expressly set out in this Agreement, and the attached Schedules, constitute the entire Agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, representations, and understandings, both written and verbal, in respect of the subject matter hereof. Severability 8 22. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and be binding upon the parties hereto. 23. This Agreement cannot be changed or modified except by another Amendment Agreement in writing signed by the parties. Recitals and Schedules Part of Contract 24. (a) It is acknowledged and agreed that the recitals to this Agreement are true and form a part of this Agreement. (b) It is acknowledged and agreed that the Schedules to this Agreement form a part of this Agreement. IN WITNESS. WHEREOF the School Board hereto has hereunto set his. hands and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind the Corporation. SIGNED, SEALED AND DELIVERED THE NIAGARA CATHOLIC DISTRICT in the presence of: SCHOOL BOARD Name: Angelo Di Ianni Title: Director of Education I have authority to bind the School Board Name: Dan Whipple Title: Chairman I have authority to bind the School Board THE CORPORATION OF THE CITY OF NIAGARA FALLS 9 Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A r CC-6058 a' ITEM NO. SPEC NO. DESCRIPTION ESTIMATED QUANTITY UNIT j UNIT PRICE TOTAL PRICE aus saw slap ow mat am SECTION 1- GENERAL 1.1 M, SP4 Bonding 1.0 LS 1 c 1 iS o 1.2 A2, SP5 Pre condition Survey 1.0 LS otc0 l p° 13 A4, SP6 Construction Layout i) Layout 1.0 LS ,`725z 1 j125. ii) As- Constructed 1.0 LS 1 0 tcr S ;e'a 1.4 A7, SP7 Construction Signs, Traffic Control and. Traffic Management Plan 1.0 LS c 380;7 Contract #2006 167 -06 CHURCHILL STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES s 1 d 1 a a A A $CHEDULE I411V FT-4 ITEM NO. SPEC NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT .PRICE TOTAL PRICE 2.1 2.2 23 2.4 2.5, Cl C2, SP8 C6, SP9 C6 C1, SPI O SECTION 2 CHURCHILL STREET 1 9.7 61 12.5 123 1.0 1.0 2.0 2.0 m m m m each each each each $'GD t9oP 1 6109 2"-%0°' $2. 300- 2, o $2 1 t QO D�5� $214:0:2° $2 21 aco d? A• ti l Pc' STORM SEWER i) Supply and install 300mm SDR35 PVC. Pipe From MHSI to MHS2 ii) Supply and install 300mm SDR35 PVC Pipe From MHS2 to Existing MH ii) Supply.and insta11300mm SDR35.PVC. Pipe From Propert•Line to ExistingMH CATCH BASIN LEADS i) Supply and install 250mm catch basin lead including PVC SDR35 pipe, all bends, couplings and adapters as required PRECAST CONCRETE MAINTENANCE HOLES i) Supply and install new maintenance holes including frame and cover (OPSD 401.010), safety platform (OPSD 404.020) as required and pipe connection a) MHSI OPSD 70 L010 (1.9m depth) b) MHS2 --OPSD 701.011 (1.9m depth) including connection of existing 250mm dia storm sewer lateral CATCH BASINS i) Supply and install precast concrete double catch basin (OPSD 705.020) c/w frame and grate .(OPSD 400:020) Break into existing MH and connect new 300min dia storm sewer 1 1 t A 1 1 1 a 1 Contract #2006- 167 -06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES FT -5 ITEM •NO. SPEC NO. DESCRIPTION IESTIIVIATED 'ITY UNIT UNIT PRICE TOTAL PRICE 1 SECTION '2' CON'T g E E E E E H N N E N E v E 2.6 B27 REMOVALS DISPOSAL ii) Double Catch Basin Z9' -(7' SOLD iii) Sewer pipe (all sizes) 14.0 SSp 770::)' v) Asphalt 1050.0 I D vi) Concrete (all types) 1 1 1.� vii) Concrete_ sidewalk D 1°P7 1 c� Cn 1 2.7' C5 FLUSH AND.INSPECT SEWERS i) MHS I to MHS2 2. S°' 2.42.;-S? ii) MHS2•to Existing MH 6.7 Sm 2- 2.8 131 Earth Excavation (Roadworks only) 740.0 I 7 .2-- S 1 I e05 2.9 B3 Granular 'A' crushed limestone (all items) 0 174S 2 DCO. Note: Payment for granular trench backf llshall be as indicated in "Typical Trench Detail" shown on Dwg. CC -6058 2.10 B6, SP11 Subdrain 184.0 1 l $2,02.4P° 2.11 138 Concrete Curb and Gutter (OPSD 600.040 mechanical or hand placed) 4s;r? /1 J. aD 2.12 B9 CONCRETE SIDEWALK i) 1.5m wide standard (125mm Thick) 140.0 48P )72OF ii) 1.5m wide driveway (150mm Thick) 25.0 $SSA 1 I .175P 5 2.13 Bil Asphalt Milling- (40mni) 260.0 8-s==. 2 1. Z 0:°' 2.14 B14, SP12- HOT MIX ASPHALT i).HL8HS(80mm) 240.0 .6.5° 1 SP COP ii) HL3HS (40mm) 145.0 70;Oo I I I s G d 2.15 B21, SP13 Topsoil and Sod 335.0 IQ SIC): 2.16 B22, SP I3 Topsoil, Hydroseed and Mulch 560.0 AA r 1 4 4 4 1 Contract ##2006- 167 -06 CHURCHILL STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES FT -6 a s Contract #2006- 167 -06 CHURCHILL STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION a SCHEDULE OF QUANTITIES AND UNIT PRICES Contract #2006 167 -06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES REVISED MAY 11,2006 ITEM NO. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 SPEC NO. C4, SP19 B23, SP20 B24, SP21 SP22 SP23 SP24 A9, SP25 DESCRIPTION SECTION 4 PROVISIONAL SANITARY LATERAL REPAIRS (for repair of unknown infrastructure, as directed by the Contract Administrator) i) DR28 PVC. pipe cfw Fernco Couplings (up to including 150mm dia.) ii) SDR35 PVC. pipe c/w Fernco Couplings (200mm or greater) Apply Calcium Chloride for Dust Control Water for compaction and dust control Trench or Road Sub Excavation 50mm Crusher Run Stone TEST HOLES (as directed by Contract Administrator to verify depth and location of infrastructure) i) depth up to 2.0m ii) depth up to 4.0m Unshrinkable concrete fill Contingency ESTIMATED QUANTITY 10.0 10.0 2.0 250.0 20.0 2.0 2.0 20.0 1.0 UNIT m m m 3 each each m LS UNIT PRICE 600 10 35 200 300 xxxxxxxxxx TOTAL PRICE xxxxxxxxxxx xxxxxxxxxxx SCHEDULE 13" a* ITEM NO. SPEC NO. DESCRIPTION ESTIMATED QIJAI UNIT FRICE TOTAL PRICE goo ono M Ear zi. 1.1 1.2 1.3 1.4 Al, SP4 A2, SPS A4, SP6 A7, SP7 SECTION 1- GENERAL 1.0 1.0 1.0 1.0 1.0 1 2 2 22 2 I S 4 172-S- 12C07 (DO IC 3 O P° 1 f725:' o7' liFei:';-:::M Bonding Pre-condition Survey Construction Layout i) Layout ii) As-Constracted Construction Signs, and Traffic Mailagemeat Plan Contract #2006-167-06 CHURCHILL STREET CUL-DE-SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES 1 SCHEDUL Of FT-4 ITEM NO. SPEC NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE SECTION 3 PARKING LOT 3.1 C1, SP8 STORM SEWER i) Supply and install 250mm SDR35 PVC. Pipe From DICB #1 to CBMH #1 ii) Supply and install 300mm .SDR35 PVC. Pipe From 132 m 2. 2 CBMH #1 to Property Line 10.3 m 2co 2 1 °GQ 3.2 C6, SP9 PRECAST CONCRETE MAINTENANCE HOLES i) Supply arid _install newniaihitenance.holes including frame and cover (OPSD 401.010), safety platform (OPSD 404.020) as required and pipe connection a) CBMH1- OPSD 701.010 (2.1m depth) 1.0 each 3cCO m �j CO' 3.3 C6 CATCH BASINS i) Supply and install precast catch basin (OPSD 705.010) c/w frame and grate (OPSD 400.020) •1.0 each. ,ri loo 3.4 C5 FLUSH AND INSPECT SEWERS i) CBI to CBMHI 13.2 m ir 2.1•° ii) CBMH 1 to Ex MH 22.8 m 1 Z c z) 3.5 A5 Clearing and Grubbing 1.0 LS 3i' EEcP 3.6 131 Earth Excavation (Parking Lot only) 615.0 m 13.2s 8111B.'7S 3.7 B3 Granular 'A' crushed limestone (all -items) 1300.0 't t` 74S $.L -s5-' Note: Payment for .granular trench basckfill shall be as indicated in "Typical Trench Detail" shown on 770065 -F02 3.8 B8 Concrete Curb (OPSD 600.110 mechanical or hand placed) 190.0 m j 1 1")° '7 c 3.9 SP 15 Construct swale 55.0 m 20 1 i 100 .52 a r r 3 t R 1 �t Contract #2006 167 -06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES FT-8 1 1 i 1 1 1 1 Contract #2D06- 167 -06 CHURCHILL STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES FT -9 ITEMI, SPEC NO. NO. DESCRIPTION ESTIMATED .QUANTITY UNIT UNIT PRICE TOTAL ICE SECTION '3' CON'T U (F1 3.10 B14, SP12 HOT MIX ASPHALT i) HL8 (50mm) 155.0 ii) HL3 (40mm) 125.0 ii) HL3 (50mm) Emergency Acce §s Driveway 25.0 111 B21, SP13 LANDSCAPING SP16, SP17 i) Supply and place trees Thuja Occidentalis "Fastigata° (Pyrimidal•Cedar) 9:0 each U ii) Site grading 1.0 *LS iii) Topsoil and Sod 500.0 m 3.12 SP18 PAVEMENT MARKINGS i) Line markings 1.0 LS ii) Hatching 1.0 LS 3.13 SP14 Supply and install Emergency Access Post Chain 1.0 _LS 1 1 i 1 1 1 1 Contract #2D06- 167 -06 CHURCHILL STREET CUL-DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES FT -9 Contract #2006 167 -06 CHURCHILL STREET CUL -DE -SAC IMPROVEMENTS AND PARKING LOT CONSTRUCTION SCHEDULE OF QUANTITIES AND UNIT PRICES REVISED MAY 11, 2006 ITEM NO. 4.2 43 4.4 4.5 SPEC NO. C4, SP 19 B23, SP20 B24, SP21 SP22 SP23 A9, SP25 DESCRIPTION SECTION 4 PROVISIONAL SANITARY LATERAL REPAIRS (for repair of unknown infrastructure, as directed by the Contract Administrator) i) DR28 PVC. pipe c/w Fernco Couplings up to including 150mm dia.) ii) SDR35 PVC. pipe c/w Fernco Couplings (200mm or greater) Apply Calcium Chloride for Dust Control Water for compaction and dust control Trench or Road Sub Excavation 50mm Crusher Run Stone TEST HOLES (as directed by Contract Administrator to verify depth and location of infrastructure) i) depth up to 2.0m ii) depth up to 4.0m Unshrinkable concrete fill Contingency J3 ESTIMATED QUANTITY 10.0 m 1 5)b' I)o 10.0 m (GC)°' l i akie 2.0 t 600 xxxxxxxxxxx 250.0 m 10 xxxxxxxxxxx 20.0 m 35 xxxxxxxxxxx UNIT UNIT PRICE each each xxxxxxxxxx 10 TOTAL PRICE x xxxxxxxxxxx FT -10 3 Y$ /j 1 c. aZ i 4 t -i W p ���d�i..3a b A �4ta.aa.aa fig 1 L a a m 0 I 1 4/ I /1 1 1 1 pa ig il 1 1 i f6O.OL M,Ot.00.tN 7 I OL 1 'ON I NVId o LL 1 N 1 N X of �W 1 0 1 0 1 0 =N I 1 U 1 1,1 -1 -1-- The Niagara Parks Commission is pleased to invite you to The Grand Opening Of The New Niagara Totem Pole and Woodcarving Park Wednesday, June 28 2006 at 11:00 a.m. The totem carvings will all be created by Master Carver, Frank Kim, who was trained by his father in South Korea. For nearly 25 years, Mr. Kim has created his original carvings based on the properties and personality that he finds in the wood. Location: Niagara Glen 1 km north of the Whirlpool Golf Course on the Niagara Parkway; Niagara Falls, Ontario. Parking is available on -site. The Niagara Totem Pole and Woodcarving Park will contain a collection of hand carved, one -of -a -kind totem poles, and will feature regular on -site carving and interactive demonstrations, all in the peaceful environment overlooking the Great Gorge. Fort Erie Native Friendship Centre Dancers will perform a special ceremonial dance at the opening. Please RSVP The Niagara Parks Commission N1a Events Office: Par sailor 905 371 -0254 Ext. 3 An agency of the Government of Ontario since 1885 UNITE= HERE!,1 June 22 2006 UNITE HERE Ontario Council OFL -CLC Alexandra Dagg, Director James Deane, President Paul Clifford, President Local 75 t 416.510.0887 800.268.4064 f 416.510.0891 460 Richmond Street West, 2nd Floor, Toronto, ON, M5V IY1 To the Mayor and members of the Niagara Falls City Council: UNITE HERE represents over 700 workers in Niagara Falls, many of whom live in the neighbourhoods abutting the former Cyanamid/Cytec facilities. We have been closely following the plans to locate the proposed twin -pad arena on the former Cytec lands. We believe there are concerns about public health and safety that should be addressed before this site is pursued as a location for an arena complex. Our concerns have been heightened further by the prospect that the project's size and scope may be expanded even further in the coming weeks in response to the OHL proposal publicized last week. Over the course of more than 80 years of production, Cyanamid/Cytec manufactured, stored or disposed of vast quantities of coal, coke, lime, calcium carbide and calcium cyanamide. According to the company's own 1986 study, some waste material from the plant, including coal tar and cyanide, was deposited on- site. A 1988 study cited evidence of a coal tar well on the site. Coal tar is a toxic and carcinogenic by- product of coke production and has been the root cause of many environmental crises across Canada, including the Sydney Tar Ponds in Nova Scotia. The City of Niagara Falls appears to be moving quickly in the planning and decision making for the new arena complex. We are concerned that most past studies of this site were commissioned and paid for by Cyanamid/Cytec, and believe a higher criterion of objectivity is required where a known carcinogen is suspected. The next stage in the evaluation of the land is a `Record of Site Condition', currently being prepared by a company called Cantox. This RSC process is being paid for by Cyanamid/Cytec. The Ministry of the Environment can audit RSCs prepared by third party assessors, but such audits only takes place after the initial approval of the RSC. Accordingly, development can take place before the results of the audit are released. As the Association of Municipalities of Ontario has noted, "The potential exists for municipalities to grant approvals for development on sites, which MOE ultimately not find satisfactory through their audits. Unfortunately, Niagara Falls, under your leadership, appears open to exactly such a risk. In the case of the Sydney Tar Ponds, a 1998 Cantox report on the Tar Ponds predicted "no measurable adverse health effects ...from long term exposure to chemicals in the Frederick Street neighbourhood. The Sierra Club of Canada described that assessment as "clearly flawed," and called for a peer review. info@unitehere.ca www.unitehere.ca We have two primary concerns. First, because of the historical presence of waste materials including coal tar and cyanide at the site, we believe an immediate, independent and thorough environmental assessment is warranted, not only looking forward to future development, but also to evaluate impacts on human health and the Niagara River ecosystem. Following such an assessment, the entire 93 -acre Cyanamid/Cytec piece of land should be remediated to the highest possible standard. Secondly, we urge the city to keep other options for the development of the arena open. A new twin -pad arena would be a welcome addition to our community, for our youth in particular. It would be unfortunate if the city had to start over from scratch because the current site proved to be too cumbersome or burdened by environmental problems. We ask the Council direct the staff to cooperate fully with all information requests currently pending with City departments, and that you take immediate steps to formally commit the City to a full and independent environmental impact review. Please let us know within the week how the City shall proceed in this matter by contacting Marc Hollin, UNITE HERE Research Analyst at (905) 354 -2027. Thank you for your consideration. Sincerely Alex Dagg Co- Director UNTIE HERE! Canada 1 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. p46. 2 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. pp.48 -59. 3 Inventory of Industrial Sites Producing and Using Coal Tar and Related Tars in Ontario. Volume I (Intera Technologies Ltd.: July 1988). p.98. 4 "AMO Report on Brownfields Redevelopment: What Has Been Achieved, What Remains to be Done." Association of Municipalities of Ontario. (May 2006). 5 Human Health Risk Assessment of Frederick Street Area. Cantox Environmental. (August 11 1998) p.ii. 6 Sierra Club, "Government guidelines support Sierra Club's call for peer review of Cantox report." February 24, 1999. See also testimony from Dennis Gruending (Saskatoon—Rosetown--Biggar, NDP), from the Standing Committee on Environment and Sustainable Development (Recorded by Electronic Apparatus: Thursday, February 17, 2000). 7 Cyanamid Canada Inc. Niagara Plan: Hydrogeological Investigation. Phase I, Volume I. Gartner Lee Associates Ltd. September 1986. p46. Niagara Falls i The City of Canada Ms. Alexandra Dagg, Co- Director Unite Here! Canada 460 Richmond Street West, 2nd Floor Toronto ON M5V 1Y1 Dear Ms. Dagg: Corporate Services Department 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 -9083 E -mail: diorfida @city.niagarafalls.on.ca Feel free to contact me should you have any questions. c. His Worship Mayor Ted Salci Members of Council June 23, 2006 I received your letter dated June 22n 2006 for the Mayor and Members of Council. Sir)cerely, Dean Idrfida City Clerk Ext. 4271 Dean lorfida City Clerk Although we have a Council meeting set for June 26t as I am sure you can appreciate our agenda for that meeting is set approximately a week in advance; therefore, your correspondence will not be on Council's upcoming agenda. As indicated to your associate, Mr. Marc Hollin, I will place the communication on the agenda for Council's next meeting (July 10t If you or someone from your organization wishes to make a deputation at that time, please send me an e-mail indicating such by Wednesday, June 28t Finally, in your letter to Council you mention your organization's Freedom of Information requests. Please be assured, staff is cooperating in accordance with the applicable legislation. In my letter to, and conversations with, Mr. Hollin, I have suggested that a more focussed request would lead to a more expeditious, and less costly, release of information. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development