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2006/07/31
COUNCIL MEETING Monday, July 31, 2006 Order of Business and Agenda Package PRAYER: Alderman Joyce Morocco COUNCIL MEETING July 31, 2006 ADOPTION OF MINUTES: Council Minutes of July 10, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Cast of Aladdin PRESENTATIONS /DEPUTATIONS Cast members of Aladdin will be introduced and highlight their show which is currently at the Greg Frewin Theatre. Inter Municipal Specialized Transit Service Eric Flora and Eric Pilon from the Region will speak to Council regarding the Eligibility Criteria for the Inter Municipal Transit Service. Niagara Peninsula Conservation Authority Yellow Fish Road Program Jocelyn Baker, Watershed Restoration Coordinator, of the Niagara Conservation Authority will apprise Council of the Yellow Fish Road Program. The program enlighten residents about the disposal of unwanted household products in an environmentally sound way and the impacts of household runoff and dumping of other substances into urban storm drains. Background Material: Recommendation Report: PD- 2006 -60 -AND- -2- PLANNING MATTERS Public Meeting Zoning By -law Amendment Application, AM- 22/2006 Applicant: Kevin Sullivan 3868 Bridgewater Street, Reconstruction of a Dwelling Background Material: Recommendation Report: PD- 2006 -61 -AND- Correspondence from the Niagara Region's Planning Development Public Meeting Official Plan Zoning By -law Amendment Application, AM- 19/2006 AM- 38/2004 Grand Niagara Resort Inc. Agent: Carl Brawley, Glen Schnarr Associates Lands between Welland River Biggar Road from Montrose Road to West of Morris Road Expansion to the Golf Course Resort Block Area Development of a Lifestyle Residential Community Correspondence from the Niagara Region's Planning and Development Correspondence from Ann Newman, Enbridge Correspondence from Hugh Fyffe, Ministry of Transportation Correspondence from Carl Brawley of Glen Schnarr Associates Inc. MAYOR'S REPORTS, ANNOUNCEMENT -3 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Mmwave Technologies requesting approval for a Wireless Network, 18 Ghz High Performance Microwave Antenna. RECOMMENDATION: For the approval of Council. 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. CD- 2006 -11- Niagara District Airport Commission Municipal Agreement L- 2006 -29 Legal Services Policy and Procedure for Insurance Claims PD- 2006 -59 Heritage Designation of Cummington Square MW- 2006 -79 Surface Treatment of Roads Contract 2006 -08 MW- 2006 -87 Consultant Appointment for Portage Road/ St. Paul Avenue Watermain Replacement MW- 2006 -88 Tender Award Park Street Underground Services and Road Reconstruction Contract 2006 165 -06 4 MW- 2006 -89 Consultant Appointment Maple Street, First Avenue and Third Avenue Underground and Road Reconstruction Bridge Street Watermain Replacement MW- 2006 -91 Consultant Appointment Montrose Business Park Municipal Services Extension- Phase 1 R- 2006 -27 2006 Sports Wall of Fame Inductees BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -136 A by -law to establish Parts 57, 58, 59 and 60 on Reference Plan 59R -12577 as a public highway, to be known as and to form part of Drummond Road. 2006 -137 A by -law to authorize the execution of a Lease Agreement with Seniors Boutique and Craft Outlet respecting the lease of a portion of the lands and premises located at the Coronation 50 Pius Recreation Centre and municipally known as 5725 Main Street, Niagara Falls. 2006 -138 A by -law to authorize the execution of a Lease Agreement with Niagara Falls Curling Club respecting the lease of a portion of the Niagara Falls Curling Club's premises at 5801 Morrison Street in the City of Niagara Falls. 2006 -139 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 -140 A by -law to authorize the execution of an Agreement with the City of St. Catharines, the Town of Niagara -on- the -Lake and the City of Thorold, respecting the continuation of the Joint Municipal Services Board to provide for and facilitate the operation of the Niagara District Airport. 2006 -141 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 66) 2006 -142 A by -law to designate the property known as the Cummington Square, Plan 251, Village of Chippawa, except Part 6 on 59R -3037, now City of Niagara Falls, to be cultural heritage value. 2006 -143 2006 -144 2006 -145 2006 -146 2006 -147 5 A by -law to amend By -89 -2000, being a by -law to regulate parking and traffic on City Roads. Parking Prohibited, Stop Signs At Intersections) A by -law to amend By -law No. 2003 -035, being a by -law to set fees for lottery licensing. A by -law to amend by -law 2006 -90 being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2006. A by -law to amend By -law No. 79 -200, to permit the development of 8 townhouse units and two single- detached dwellings. (HANDOUT) A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31s day of July, 2006. NEW BUSINESS The City of Niagara Falls I Canada �1� Ms. Pam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: 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 September 26, 2004 SOI Dean lorfida City Clerk Re: Inter Municipal Specialized Transit Service At their most recent meeting, Niagara Falls City Council heard a presentation by Mr. John Barr, Project Consultant, and Mr. Eric Flora, Transportation Engineer on the proposed Inter Municipal Specialized Transit Service. As a result, Niagara Falls City Council passed the following resolution: VOLPATTI /MOROCCO THAT NIAGARA FALLS COUNCIL GIVES THEIR CONSENT TO PERMIT THE REGIONAL MUNICIPALITY OF NIAGARA TO FINANCE CO- ORDINATE THE PROVISION OF THE SPECIALIZED TRANSIT SERVICES BETWEEN THE LOCAL MUNICIPALITIES WITHIN NIAGARA. CARRIED UNANIMOUSLY. Therefore, based on the above, Niagara Falls City Council endorses Regional By -law 64 -2004. If you require any additional information, please contact the undersigned. c. Eric L. Flora, P.Eng., CET, Transportation Engineer Sincerely, IAA Dean I6rfid City Clerk Ext. 4271 Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development Niagara' /,Sf Region March 6, 2006 Mr. Dean lorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario LIE 6X5 Dear Mr. Iorfida: Niagara Inter- Municipal Specialized Transit Service Eligibility Criteria Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905 -685 -1571 Toll-free: 1- 800 -263 -7215 Fax: 905- 685 -4977 www. regional. niagara.on.ca Our Ref,: PPW 2 -2006, February 1, 2006 PWA 25 -2006 D.15.0005 The Council of the Regional Municipality of Niagara, at its meeting of February 9, 2006, approved the recommendations of the Planning and Public Works Committee as follows: That the following report and recommendations, approved by the Transportation Strategy Steering Committee at its January 10, 2006 meeting, be recommended to Regional Council. That the "Eligibility Criteria" for the Inter Municipal Specialized Transit Service as outlined in Appendix A be approved; and That the members of the Transportation Strategy Steering Committee present the "Eligibility Criteria" for the Inter Municipal Specialized Transit Service to their respective Municipal Councils for information. A copy of the background report PWA 25 -2006 is enclosed for your information. Your municip?, representative on the Transportation Strategy Steering Committee should be in contact with yol shortly, respecting the presentation of this information to your Council. Yours truly, 8 CT{ 424-4- CT{ w 2 Pam Gilroy Regional Clerk Attachment cc. I. Neville, Commissioner of Public Works J. Cousins, Director, Transportation Services Division E. Flora, Acting Associate Director, Transportation Systems E. Piton, Transit Manager Building Community. Building Lives. Niagarair /Region THE REGIONAL MUNICIPALITY OF NIAGARA REPORT TO: Chair and Members of the Planning and Public Works Committee SUBJECT: Niagara Inter Municipal Specialized Transit Service Eligibility Criteria PWA 25 -2006 February 1, 2006 RECOMMENDATION(S) That the following report and recommendations, approved by the Transportation Strategy Steering Committee• at its January 10, 2006 meeting, be recommended to Regional Council. That the "Eligibility Criteria" for the Inter Municipal Specialized Transit Service as outlined in Appendix A be approved, and; That the members of the Transportation Strategy Steering Committee present the "Eligibility Criteria" to their respective Municipal Councils for information. EXECUTIVE SUMMARY Staff has looked at the existing definitions of eligibility criteria used by Municipalities that provide specialized transit services and at the new definition for disabilities as defined in the Accessibility for Ontarians with Disabilities Act, 2005. As a result of this review, staff recommends that the Region proceed with a restrictive definition of eligibility until such time as the Ministry of Community and Social Services clarifies its standards expectations under its new act. The attached "Eligibility Criteria" was accepted by the Regional Specialized Transit Advisory Committee at its the November 28, 2005 meeting. 1 FINANCIAL IMPLICATIONS Not applicable. PURPOSE The purpose of this report is to propose an "Eligibility Criteria" that will be used to identify those eligible, based on their disability, to use the Region's new inter- municipal specialized transit services. BACKGROUND PWA 25 -2006 February 1, 2006 In By -Law No. 64-2004 passed by Regional Council on May 6 of 2004, point 1 states the following: "inter municipal specialized transit services" shall mean public transportation service between the 12 lower -tier municipalities which comprise the Regional Municipality of Niagara, for persons with disabilities Excluded from the by -law was the definition of a disability. This report provides Council with the background information needed to define "disabilities" as it applies to a specialized transit service. It should also be noted that a future decision will have to be made regarding the eligibility of specialized trips beyond the Region's borders, to Hamilton or Haidimand locations for example. Staff are reviewing the options and financial implications associated with this matter and will be bringing recommendations forward in the near future. REPORT Transit systems in Ontario provide specialized transit service to those who are or would be physically "unable to board a conventional bus or walk 175 metres (approximately 600 feet) This eligibility criteria is based on a person's physical functional mobility only. A recent peer review of eighteen (18) providers of specialized transit in Ontario indicates that all are using the above physical functional mobility criteria to determine who is eligible to use the specialized service. Only four (4) of the eighteen (18) transit systems surveyed also recognize CNIB registrants as eligible. 2 3 PWA 25 -2006 February 1, 2006 Transit systems in Ontario also recognize as eligible those that have a cognitive disability, if they also have a physical disability that would prevent them from boarding a conventional transit vehicle or walking 175 metres. The cost of providing accessible transit on a per passenger basis limits the extent to which the eligibility criteria can be expanded. It must be noted that the need for transportation accessibility is best met through a multiple of different services. In a mature transit system, accessibility is provided with low-floor conventional buses dedicated to specific routes as well as specialized services. The combination of the two services extends a municipalities/regions ability to meet the growing needs of the disabled community, providing more flexible and spontaneous trip options. However, when there is only one service, limited resources, and a very large service area, a provider must proceed cautiously given the funding constraints, and allow the eligibility to change to meet the growing demands only as the funding and resources become available. Recently the Ministry of Community and Social Services passed the Accessibility for Ontarians with Disabilities Act, 2005 which defines disabilities as follows: a) Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defects or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliances or device; b) A condition of mental or a development disability; c) A learning disability or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; d) A mental disorder, e) An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1977. This Act also requires the Ministry of Community and Social Services to develop accessibility standards which will set out what must be done to prevent and remove barriers. Theses standards will be in the area of Transportation and Customer Service. On October 17, 2005 the Ministry of Community and Social Services announced the formation of two Committees, one for each of the aforementioned areas. These two Committees will develop realistic standards with the flexibility to tailor the implementation of the accessibility requirements to economic realities. The new standards will be phased in allowing businesses to spread their accessibility investment over 20 years as part of their normal planning and capital investment cycle. Regional Council has several options available. Council may, if it desires to expand the "Eligibility Criteria recommend and include any of the disabilities identified in the Accessibilities for Ontarians with Disabilities Act (a through e) as previously outlined: in this report. However, staff is not able to advise Council on the order of implementation that the Transportation Standards Committee (TSC) may recommend. It is possible that Council may decide to include disabilities that are not part of the early phase -ii recommended by the TSC. This may result in the cost of Council's decision being compounded by the direction of the TSC. It is advisable to wait and respond to the recommendations of the TSC in a planned and progressive fashion. Since the TSC will be recommending a "phasing in" of the new standards, this will allow the costs for the programs identified by the TSC to be introduced in a controlled and planned fashion which should ease any financial burden. In proposing the "Eligibility Criteria" in Appendix A, staff recognizes that any expansion of the criteria beyond that shown in Appendix A which is currently used by St. Catharines, Welland and Niagara Transit, may establish an expectation in the local communities that their criteria should also be expanded. Local proponents of an expanded criterion may bring political pressure to bear on the local elected officials, which in tum, may increase the operating cost of their respective specialized service. This additional .cost would happen where, due to the increased volume, local systems would have to add drivers and vehicles to accommodate the increased demand. Should the local systems, due to budget constraints, not be able to expand their service, they may have to tum away trips due to a lack of vehicle availability. However, if a local municipality that does not have any transit service wishes to meet the demands of their residents and expand on the "Eligibility Criteria" as outlined in Appendix A, this could be done under a separate "full cost recovery agreement" between the municipality and the Region. Submitted by: Approved by: Ian Neville, MPA, P.Eng. Mike Trojan Chief Administrative Officer Commissioner of Public Wo 4 PWA 25 -2006 February 1, 2006 5 PWA 25 -2006 February 1, 2006 Appendix "A" Eligibility Criteria This report was prepared by Eric Pilon, B.A., C.G.A., Transit Manager in collaboration with Eric Flora, P.Eng., CET, Acting Associate Director, Transportation Systems and reviewed by Joe Cousins, CET, Director Transportation Services Division. APPENDIX A Niagara Region Inter Municipal Specialized Transit Service Eligibility Criteria PWA 25 -2006 February 1, 2006 The inter Municipal Specialized Transit service is intended for persons who are unable to board a conventional transit vehicle, or walk a distance of 175 metres (approximately 600 feet). The Inter municipal Specialized Transit Service is only available to those who are approved by the Eligibility Committee, and are using the service to travel from one municipality to another for a medical appointment. A medical appointment is defined as an appointment with a medical or health practitioner or an institution providing medical- service, all licensed and or funded by the Province of Ontario. Cognitively impaired and visually or hearing impaired may be eligible for the specialized service if they also have a physical disability that prevents them from boarding a conventional transit vehicle or walling 175 metres. 6 THE REGIONAL MUNICIPALITY OF NIAGARA BY -LAW No. A BY -LAW TO ASSUME INTER MUNICIPAL SPECIALIZED TRANSIT SERVICES WITHIN THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS the Ontario Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, Section 11, assigns to lower -tier municipalities the sphere of jurisdiction for transportation systems, other than highways, including disabled passenger transportation systems and bus passenger transportation systems; AND WHEREAS Section 188(1) of the said Act defines the term "lower -tier power" to mean a power a lower tier municipality or its local boards may exercise with respect to, inter alia, public transportation systems, other than highways; AND WHEREAS Section 189(1) of the said Act provides that an upper -tier municipality may pass a by -law to provide for: (a) the transfer of all or part of a lower -tier power to the upper -tier municipality from one or more of its lower -tier municipalities which are specified in the by -law; and (b) transitional matters to facilitate the assumption of the lower -tier power. Section 326 of the said Act provides, in part, that a municipality may by by -law identify a prescribed special service and designate the area of the municipality in which the residents and property owners receive or will receive an additional benefit from the special service that is not received or will not be received in other areas of the municipality, and the municipality shall direct each lower -tier municipality which includes any part of the area designated, to levy a special upper -tier levy under Section 311 on the ratable property in that part of the municipality; AND WHEREAS Ontario Regulation 305/02 prescribes transportation systems other than highways as a special service for the purpose of Section 326 of the said Act; AND WHEREAS Section 189(2) of the said Act provides that a by -law passed under subsection 189(1) shall not come into force unless, (a) a majority of all votes on the Council of the upper -tier municipality are cast in its favour; 8 6 PVVA i 9 -2004 April 27, 2004 that the system can be used for. Without clear criteria the amount of use and the resulting costs could spiral out of control exceeding the estimated budget required to operate the system. The recommendations should be based on an evaluation of service demand and related costs associated with applying alternative criteria. 5. Proceed with hiring a Transit Coordinator (Public Works Department, Transportation Services Division) on a fixed -term contract basis. The Transit Coordinator is required to: organize and negotiate contracts for operating and funding transit service; refine budgeting; monitor transit service delivery and use; coordinate operations with local municipal transit systems, respond to customer concerns and develop service plans for future inter municipal transit services. 6. Develop a funding strategy that considers ridership and amount of service provided in each lower -tier municipality. This would address the funding concerns raised by lower -tier Municipal Councillors. The plan would develop methods to collect information on delivery and usage of inter municipal services for implementation of a revised funding formula in the second year of operation of the service. Prepare necessary by -laws to be passed by the Region under Section 326 of the Municipal Act to implement funding formulas. 7. Establish a process for consultation with established accessibility advisory committees /stakeholders on eligibility criteria and appropriate service delivery issues. 8. Initiate a call for existing transit operators and transportation firms to submit proposals for the administration and operation of the proposed specialized inter municipal transit services. This call for proposals will provide an opportunity for existing firms to provide any or all of the administration and operational aspects of the inter municipal specialized transit service. 9. Report back to Regional Council, in the fall of 2004, a work program of all tasks required to initiate future conventional inter municipal transit. The work program will refine the proposed service priorities, develop service delivery plans, include preliminary negotiations with existing transit operators to provide services and refine budget requirements and funding options. PWA 79 -2004 April 27, 2004 to travel to health care services. However, there were a number of comments related to refining the service plan and the suggested fares for longer trips on the specialized service. Concerns were expressed about additional costs to the taxpayers and how these costs would be allocated to the municipalities. The Region has Budgeted for Inter Municipal Transit It was originally proposed by staff to include half the estimated cost of operating the proposed inter municipal transit system in the 2004 Regional budget. This would have covered the cost of initiating the system part way through the year. There is a lot of pressure on Regional budgets this year and the amount in the budget for transit has been further reduced to $275,000 through the budget review process. Regional Council officially approved the budget amount at its March 18, 2004 meeting. CONCLUSIONS The following conclusions are based on the findings of the Regional Transportation Strategy and the Inter municipal Transit study. Transit is a key element in Niagara's Transportation Strategy. Improved transit service increases accessibility for residents in Niagara and contributes to the economic health and quality of life in the Region. As well as providing essential accessibility for the young, the elderly, the poor and the handicapped, transit services get Niagara residents to jobs, services and educational opportunities; provide employers with expanded access to the Niagara labour force and provide an alternative to the automobile congestion that is negatively affecting Niagara's environment and quality of life. Transit service between the diverse communities in Niagara is essential if Niagara is to maintain and improve its quality of life and ability to attract economic development. Many citizens of Niagara already have to travel between municipalities to get to jobs, services and educational opportunities and as the economy of the Region continues to become more integrated, the need to travel between municipalities will increase. There are already many examples of residents who cannot find work in their own municipality or get to employment opportunities in surrounding municipalities and of employers who cannot get sufficient employees despite the fact that there is surplus labour force in surrounding communities. Expansion and integration of educational and health services across the Region put additional pressures on travel between municipalities. The provision of specialized inter municipal transit services should proceed this fall as the first priority in implementing inter municipal transit Services. There is an established need for the handicapped, the elderly and the transportation 4 PWA 79 -2004 April 27, 2004 Specific objectives set out in the Transportation Strategy include: To provide alternative means of transportation (to the automobile) for travel between the diverse communities in Niagara. To develop a coordinated system of accessible transit to meet the needs of the "transportation disadvantaged" to travel between communities. To create a system of terminals that will integrate municipal transit and inter- regional transit and passenger services. The Inter-Municipal Transit Study Recommended a Transit•Service Plan The Inter Municipal Strategy Study was initiated in September of 200.1 as one component of the Regional Transportation Strategy. The firm of Paradigm Transportation Solutions Ltd. was contracted to conduct a study of needs and develop a recommended plan for implementing inter municipal conventional and accessible transit services in Niagara. The consultant brought their findings and recommendations to the Transportation Strategy Steering Committee (TSSC) in September of 2002. The study recommended: A Region -wide inter municipal specialized transit service for persons with disabilities; a pre booked door -to -door service for eligible residents of Niagara, and Conventional public transit service in corridors connecting the main urban areas of the Region; a weekday peak hour service integrated with local transit and implemented in stages with priority given to corridors with higher ridership potential. The consultant estimated the net annual cost of operating the specialized system between $375,000 and $450,000 and the conventional fixed -route system between $350,000 and $450,000. The consultant recommended that these net costs be allocated on the basis of assessment within a designated service area. For specialized transit the designated service area would be the entire Region; for conventional service it would consist of only the municipalities receiving conventional inter municipal transit service. On October 17, 2002, Regional Council adopted -in- principle the plan for the establishing conventional inter municipal transit routes and a Region -wide specialized transit service for disabled persons. Regional Council further directed staff to prepare and report on an implementation program for those services. 2 NIAGARA PENINSULA CONSERVATION i A U T H O R I T Y 250 Thorold Road West, 3rd Floor Tel (905) 788-3135 Welland, Ontario L3C 3W2 Fax (905) 788 -1121 E -mail: npca @conservation- niagara.on.ca July 14 2006 City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 MAG. FALLS CLERKS '05 071? r 13:48 ATTENTION: Mr. Dean lorfida Dear Mr. Iorfida: SUBJECT: Yellow Fish Road Program request for presentation to council This letter is to request permission to appear as a delegation at the Monday July 31 2006, City of Niagara Falls council meeting. The Niagara Peninsula Conservation Authority's Water Quality Improvement Program has traditionally focused its efforts on the rural community. The Authority would like to expand the water quality improvement program to the urban community. A program which would provide an excellent outreach opportunity within the urban area is the Yellow Fish Road Program. The Yellow Fish Road program is a national environmental education initiative delivered under the guidance of Trout Unlimited Canada. The Yellow Fish Road Program was introduced in 1991 and to date over 220 communities across Canada have implemented this water quality initiative. The program provides a hands on approach for the public to learn about the impacts of household runoff and dumping of other substances into urban storm drains. The Yellow Fish Road program will extend over the Authority's watershed area of jurisdiction and involve the voluntary participation of the general public including service clubs, elementary and secondary schools, community groups, etc. The focus is obviously in urban areas. The watershed municipalities will be key partners in the implementation of the program. Under the proposed program, Yellow Fish Road program staff and volunteers will paint "yellow fish" symbols beside storm drains (not manhole covers) and distribute a fish shaped brochure to nearby households. These activities will enlighten residents about the program and remind people to dispose of unwanted household products in an environmentally sound way. The program would only proceed where municipal approval has been received. To this end, the Niagara Peninsula Conservation Authority is seeking endorsement of the Yellow Fish Road program from the Municipality of Niagara Falls. On behalf of the Niagara Peninsula Conservation Authority, I would like the opportunity to present a 5 minute PowerPoint presentation to council regarding this project, as well as a possible partnership opportunity with the city. Yours truly, Jocelyn Baker Watershed Restoration Coordinator Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Site Conditions Corporate Services Department PD- 2006 -61 Planning Development Doug Darbyson 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 planning @city.niagarafalls on ca July 31, 2006 Re: PD- 2006 -61, Zoning By -law Amendment Application AM- 22/2006, 3868 Bridgewater Street Applicant: Kevin Sullivan Reconstruction of a Dwelling It is recommended that Council: 1) approve the Zoning By -law amendment application to permit the reconstruction of a dwelling on the property; and 2) direct staff to undertake a land use study to determine the appropriate land use designation for Minor Commercial designated lands west of Dock Street and lots fronting onto Bridgewater Street. Kevin Sullivan has requested an amendment to Zoning By -law No. 79 -200 for a 490 square metre (5,280 sq. ft.) parcel of land known as 3868 Bridgewater Street, as shown on Schedule 1. The amendment is requested to permit the reconstruction of a dwelling on the land. Refer to Schedule 2 for details of the development. The new dwelling would be slightly larger than the dwelling destroyed by fire. The land is currently zoned General Commercial (GC), which does not permit a single detached dwelling Site specific provisions are requested to be added to the GC zoning of the property to permit reconstruction of the dwelling. A dwelling damaged by fire and an accessory detached garage exist on the property. The porch of the dwelling encroaches into the Bridgewater Street road allowance. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 31, 2006 2 PD- 2006 -61 To the north of the property lies Bridgewater Street. Residential properties lie to the south, east and west while commercial uses exist along Main Street. Circulation Comments Municipal Works Niagara Peninsula Conservation Authority Fire Services Regional Municipality of Niagara Planning Analysis No objections. No objections. No objections. No objections, however, the applicant should put a silt fence around the perimeter of the property during construction of the dwelling to prevent silt from flowing into the Welland River, and should plant grass on the property once construction is finished. 1. The request complies with the non complying use policies of the Official Plan. The land is designated Minor Commercial under the Official Plan. Lands under the Minor Commercial designation are intended to be developed for a variety of small scale commercial uses to serve a segment of the community. Single detached dwellings are not permitted under a Minor Commercial designation. However, the Official Plan has policies which allow Council to recognize certain pre- existing uses by by -law that do not comply with the Official Plan Recognition or expansion of these uses is not to aggravate or impose a danger to abutting complying uses, contribute to urban renewal problems or interfere with development occurring in conformity with the Official Plan. The proposed expansion complies with the non complying use policies as follows: Despite the land use designation, the properties immediately abutting the subject land are used for residential purposes. Rebuilding a dwelling on this property will not conflict with these existing dwellings. The owner proposes to eliminate the existing porch encroachment on Bridgewater Street and to set the new dwelling further back from the front and side lot lines than the existing building to be consistent with the setbacks of adjacent residences. The slight increase in size will not impact on these adjacent properties. Commercial uses in this area should not be interfered with by this approval. Commercial development has generally been oriented to Main Street, often with commercial properties backing onto residential properties. A degree of harmony between these residential and commercial properties has been achieved and any impacts can be mitigated with buffering or fencing. July 31, 2006 3 PD- 2006 -61 Given the small size of the property, its potential to accommodate a commercial use with adequate parking facilities is limited. The lot is of an appropriate size to accommodate a single detached dwelling. The proposed use is not a hazardous use that will contribute a danger to surrounding uses. The proposed dwelling lies outside of the flood plain and the Niagara Peninsula Conservation Authority has no concerns with its reconstruction. Reconstructing a dwelling on the property will not cause an urban renewal problem but leaving this property as a vacant lot will. 2. The requested zoning is appropriate. The applicant has requested site specific provisions be applied to the GC zoning of the property. The proposed provisions would permit the development of a single detached dwelling with setbacks and development standards typical of single detached dwelling zones in the City. Although it would be preferable to rezone the property under a residential zone to reflect its proposed use, the property should be maintained under the GC zone until a comprehensive study of the area is completed. At that time, Council can consider placing the area under an appropriate zone category to reflect the recommended land use designation. However, to avoid on -site land use conflicts, use of the subject land should be restricted to the following uses (typically permitted in a residential zone): a one family detached dwelling; a home occupation in a one family detached dwelling; and accessory buildings and structures; all subject to the general regulations contained in Zoning By -law No. 79 -200. 3. The Minor Commercial land use designation in this area should be further reviewed. Lands between the Welland River and Welland Street, from Cummington Square to a point about 70 metres (230 feet) west of Dock Street, fall under a Minor Commercial designation and are intended to be used for a variety of small scale commercial uses. While properties in the vicinity of Cummington Square and many properties along Main Street have been converted or developed for commercial use, properties in the vicinity of the subject land, as well as along Bridgewater Street, continue to be used for residential purposes. These dwellings have existed for a considerable period of time and a degree of stability in this community has been achieved. Given the small, fractured land holdings in the immediate area future commercial opportunities may be limited. Staff are recommending that there be a review of the land use designation for lands west of Dock Street and for lots fronting onto Bridgewater Street. If Council approves this recommendation staff will report back on the matter at a later date. July 31, 2006 4 PD- 2006 -61 CONCLUSION: 1. The requested zoning amendment can be supported for the following reasons: It complies with the Official Plan with respect to non complying uses. The proposed dwelling is compatible with surrounding residential properties and should not interfere with current and future commercial uses. 2. In light of the stable residential uses that predominate in the immediate area of the subject land, it is recommended the Minor Commercial designation applying to lands west of Dock Street and fronting onto Bridgewater Street be further reviewed. Prepared by: Andrew Bryce Planner 2 Recommended by: AB:gd Attach. Doug Darbyson Director of Planning Development Approved by: ?T. avenda xecutive Director of Corporate Services S:\PDR\2006\PD2006 -61, AM -22 -2006, Sullivan, 3868 Bridgewater St.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land LOCATION MAP Location: Applicant: Amending Zoning By -law No. 79 -200 3868 Bridgewater St Kevin Sullivan SCHEDULE 1 S Scale: 1:NTS AM- 22/2006 7/3/2006 1:51:30 PM se (MS 820 6 1.85 N.W. =1 .6.5' '08) .854 0 a 1.851-4 L95— 8 1 0".1, 1'. 4.6' N4636 87.95VI MEAS.) (sa.ce Pion 251) I LOT 30 1 PIN 84255 0071(LT) INST. NO. LT175405 1, 28.3' 00M0 fence 400 X \P OPOSED DWELLING Aopiyroi .1 7 4,8, 34 -1 EXISTING DWELLING (to be removed) 6.15' V.3, I 3.2.1 3.3 5.25' 8/.98' (Pi scr (88.0r Pion 251) N4535'00"W E LOT 32 PIN 84255 0289(LT) INST, NO. 818715 LOT V 34 SCHEDULE 2 Dock (BY PLAN 251) Street PIN 64255 0079 (M5 830. P1 Sc moos) 2.35' I8 Z.' 272 I X x I II 2.85' o.3.5 141" x LOT 0 I a. x w I 1 >on 11" 7 NE 0.4' SE (P1 1 MEAS.) 170.5' NE 0.2' SE LOT 175.90' 87.95'(' 1•648 PIN 84255 0072(LT) 175.92' PRI 64255 0288(R) 125 E 0 510 (45 830) 127 518 4, RECEIVED JUN 28 2006 PLANNING DEVELOPMENT .11 108. 2006 2:56PM REGIONAL PLANNING No. 6778 P. 1 N iagara �ff Region PLANNING AND DEVELOPMENT July 18, 2006 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Fails, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 3868 Bridgewater Street Kevin Sullivan City of Niagara Falls Your File: AM2212006 Building Community. Building Lives. The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 906- 984.3630 Fax: 905- 641.6208 E -mail: plan @reglonal.niagara.on.ca File: 0.10.M.11.23 Plannin Sctrn" FIIs RECEIVED JUL 1$ ZOO6 PLANNING DEVELOPMENT This application proposes to amend the City's Zoning By -Law to permit the reconstruction of a dwelling on lands currently zoned General Commercial. The following Regional and Provincial planning comments are provided for your consideration. This site is located within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. The Welland River is situated on the opposite side of Bridgewater Street which is classified as an Important (Type 2) fish habitat by the Ministry of Natural Resources. In addition, the Region's Environmental policies, which have been approved by Council but subject to appeals, designate the river as an Environmental Conservation Area that forms part of the Region's Core Natural Heritage System. Since the proposal is to replace an existing dwelling and given that Bridgewater Street and a strip of open space physically separate the subject property from the river, an Environmental impact Study is not necessary. We would suggest, however, that silt control fencing be placed around the perimeter of the property (Le. Bridgewater Street and Dock Street) during construction and that grass be planted when the dwelling is completed to prevent any potential negative impacts on water quality due to erosion and sedimentation. The Niagara Peninsula Conservation Authority may also have requirements to be addressed at the Building Permit stage. Having regard to the above noted comments, there are no concerns with this Zoning By-law amendment application from either a Regional or Provincial planning perspective. •16 10. 2+106 2:56PM REGIONAL PLANNING No. 6778 P. 2 2 Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smeaton, Regional Municipality of Niagara D. Darbyson, City of Niagara Falls S. McInnes, Niagara Peninsula Conservation Authority MAMSWORD%PCWIagara FaIIsWFzblalBrldgewaterst $ulllvan.doc Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: 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 July 31, 2006 Re: PD- 2006 -60, Official Plan Zoning By -law Amendment Application AM- 38/2004 AM- 19/2006 Grand Niagara Resort Inc. between Welland River and Biggar Road from Montrose Road to West of Morris Road Agent: Carl Brawley, Glen Schnarr and Associates Expansion to the Golf Course and Resort Block Area and Development of a Lifestyle Residential Community Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development PD- 2006 -60 Doug Darbyson Director 1) Council approve the Official Plan and Zoning By -law amendment applications consisting of the following, subject to the detailed discussions contained in this report: (a) expansion of the golf course onto a 22 hectare (54 acre) parcel west of Morris Road between Grassy Brook Road and Biggar Road; (b) a 8 hectare (20 acre) expansion of the approved resort block, located north of Grassy Brook Road, onto a portion of the land south of Grassy Brook Road and east of Crowland Avenue; (c) a 220 unit lifestyle residential development consisting of approximately 13 hectares (32 acres) of the land south of Grassy Brook Road and east of Crowland Avenue; (d) a recognition in the Official Plan of the existing golf course development south of the CP Rail line between Montrose Road and Crowland Avenue; and 2) approval of the components listed in 1(b) and 1(c) above be subject to a holding zone provision (H) to remain in place until condominium approval is granted, transportation and servicing infrastructure is developed to the satisfaction of the City, and noise, environmental impact and tree saving studies are completed. July 31, 2006 2 PD- 2006 -60 3) Council direct staff to initiate the proceedings to stop up and close Crowland Road between Biggar Road and Grassy Brook Road, and a portion of Grassy Brook Road on either side of Crowland Road, as shown on Schedule 2 to this report, including scheduling a public meeting at Council to consider the request. �f1Gv� k \nG c(4 t^G�a,► n -n }�2. of 4.11e, rO�r T�{ wM1�"1t �2 0. �'�Y� �O b OT�rC55 BACKGROUND: J Grand Niagara Resort Inc. has requested amendments to the Official Plan and the Zoning By -law for about 290 hectares (715 acres) of land between the Welland River and Biggar Road and between Montrose Road and 225 metres west of Morris Road, shown as Parts 1 through 5 on Schedule 1. Parts 1, 2 and 4 are currently designated for a golf course and resort development. In 2001, Council approved Official Plan Amendment No. 37 and Zoning By-law No. 200 1 -157, for lands located between the CP Rail line and Moms Road, from Biggar Road to the Welland River, shown as Parts 1, 2 and 4 on the attached Schedule 1. The amendments allow a comprehensive development consisting of two 18 hole golf courses, a club house and resort area consisting of a 350 unit hotel, 300 vacation villa units and ancillary recreational and administrative burldrngs. Approval of the resort block is subject to a holding zone provision, to be lifted once municipal infrastructure and environmental studies are completed. The development of the golf course started in 2003. In 2004, Council considered a further application to expand the golf course west of Morris Road and north of Grassy Brook Road. Due to concerns about possible road closings, cart path crossings over road allowances and potential impacts on wetlands along Welland River, Council denied this application. Since that time, the applicant has purchased additional property and has altered his expansion plans. The application presently before Council represents a comprehensive build out plan and a reworked design identifying proposed road closures. Proposal The amendments requested would permit the following: expansion of the golf course onto Part 5 west of Morris Road between Grassy Brook Road and Biggar Road; change the Official Plan designation and zoning to Open Space watercourses and wetlands to be designated Environmental Protection Area (EPA) expansion of the resort block on Part 1 into Part 2; modification of the Official Plan policies and zoning the development of a residential lifestyle community compnsed of about 220 townhouse and single detached residential units within a portion of Part 2 as shown on Schedules 2 through 4; establish new Official Plan policies and zoning to permit residential component recognition of the existing golf course south ofthe CP Rail line on Part 3. change the Official Plan designation and zoning to Open Space protect Provincially Significant Wetlands by introducing an EPA designation July 31, 2006 3 PD- 2006 -60 The applicant is also requesting the City stop up and close Crowland Road between Grassy Brook Road and Biggar Road and a portion of Grassy Brook Road on either side of Crowland Road. These road closures would facilitate a new entranceway into the golf course and a centralized activity area. A formal application would need to be processed to effect these road closures. Site Description and Surrounding Land Uses The lands are flat and traversed by two creeks. There are also pockets of woodlands and wetlands, including provincially significant wetlands in Part 5 west of Morris Road and north of Biggar Road, and in Part 3 immediately south of the CP Rail line. The rest of Part 5 is dominated by former agncultural uses. The portions of Part 2 subject to the resort expansion and residential development are either vacant lands or wooded areas. Lands adjacent to the golf course along Grassy Brook Road are largely used for rural residential purposes. Lands to the east and south of the golf course lands are dominated by agncultural uses. Lands to the northeast of the golf course are used mainly for industrial purposes. Circulation Comments Regional Municipality of Niagara Municipal Works A Regional Policy Plan Amendment application was previously submitted to permit the golf course expansion west of Moms Road. This application needs to be modified to delete reference to the expansion north of Grassy Brook Road. As municipal services are being extended to service the resort, any reference to private services in the policies pertaining to these lands needs to be removed. The environmental studies submitted by the applicant's consultant appear to indicate there will be adequate protection for environmental areas. Regional Planning staff does not object to the requested residential lifestyle community as it will provide for more efficient use of municipal services. A detailed noise study needs to be done to determine what mitigation measures are needed to attenuate noise and vibration impacts from the CP Rail line. Ministry of the Environment approval will be needed for stormwater management. The Environmental Protection Area designation should be extended to the Grassy Brook and Lyon's Creek Tributary corridors, and all provincially significant wetland areas, in the blocks proposed to be added to the Open Space designation. At the site plan stage, further analysis of impacts of the residential and resort blocks on environmental areas is needed. The City has engaged a consultant to commence the detailed design for the Grassy Brook West Sanitary Sewer Area which will accommodate future flows from this development. Further information on proposed servicing as well as the density, phasing and final location of the proposed residential blocks is needed from the applicant to coordinate with the City's project. July 31, 2006 4 PD- 2006 -60 Fire Services Enbridge Pipelines Planning Analysis Water service is to be provided from a new water main to be constructed across Welland River. An easement agreement is required from the owner. Municipal Works staff has no objection to the proposed road closures subject to proper turning circles being built. Grassy Brook Road west of Crowland Avenue will need extensive reconstruction and stabilization in the next five years and the intersection of Crowland Avenue and Grassy Brook Road is problematic due to the railroad crossing and sight line issues. A second means of access will need to be provided into the resort block from Grassy Brook Road and into each of the residential blocks. Visitor parking and parking restrictions will need to be addressed to ensure fire access is maintained. All fire access and water supply to be provided in accordance with the Ontario Building Code. Any crossings, site alteration, excavation or placing of landscaping on or near the Enbndge Pipeline easement right -of -way (that crosses the subject land) will be subject to approval by Enbridge. No permanent structures are permitted on the pipeline right -of -way. This right -of -way is to be maintained as Open Space or Park Belt. Parks, Recreation Culture Landscaping and tree planting will need to be reviewed at later stages of development. A 5% parkland dedication is required for the residential blocks. Applications to amend the Official Plan are evaluated on a set of criteria, to ensure the requested changes are appropriate and conform to the general objectives of the Official Plan. 1. Expansion of the Golf Course (Part 5) Plans to expand the golf course have been modified to include lands west of Morris Road. Expansion of the golf course north of Grassy Brook Road between Morris Road and Crowland Avenue is no longer being pursued. This change should alleviate some of the concerns raised about the impact of the golf course on the Welland River wetlands and the golf cart crossings along Grassy Brook Road. July 31, 2006 5 PD- 2006 -60 The proposed expansion conforms with the objectives of the Official Plan as follows: An agricultural impact assessment submitted by the applicant's consultant (ESG International) concludes that there will be minimal loss in agricultural resources. The soils on the parcel are clay based that tend to retain water, contributing to a lower agricultural capability. The golf fairways are a suitable use for the tablelands. A golf course does not conflict with surrounding agricultural uses and, given the potential impacts of agricultural operations (occasional odours and dust), is more compatible with nearby residential uses. Although the area of the golf course is being expanded, the number of holes is not. The viabihty of other golf courses is not affected and the impacts on transportation and municipal services are not increased by this expansion. The wetlands and valley lands will be protected by placing these lands under an Environmental Protection Area (EPA) designation as determined in consultation with the Region and the Niagara Peninsula Conservation Authority. The overall number of potential golf cart crossings over road allowances has been reduced. The number of crossings, as well as safe provision of crossing locations will need to be worked out at the site plan stage. 2. Expansion of Resort Block into Part 2 Official Plan Amendment No. 37 permits the development of a resort on 16 hectares (40 acres) north of Grassy Brook Road, consisting of a 350 unit hotel, 300 vacation villas and ancillary recreational and administrative buildings. The applicant now wishes to extend a small portion of this resort block, including the hotel, onto Part 2. This request conforms with the objectives of the Official Plan as follows: There is no increase in the number of units proposed or the intensity of the use. The proposed change will not impact on traffic and servicing infrastructure. The resort area expansion will be on tableland outside of the EPA designated lands and will complement the open space (golf course) designation of surrounding lands. To protect adjacent environmental lands, Official Plan policies will require the completion of an Environmental Impact Statement to determine any mitigation measures. The resort development will remain outside of the 1.09 kilometer buffer established to protect sensitive uses from the impacts of Cytec's industrial operation. 3. Residential Lifestyle Development on Part 2 The proposed residential development is generally geared toward adults 55 years of age or older. Approximately 220 units, consisting of about 59 single detached dwellings and 161 townhouse dwelling units, are proposed in two blocks lying between the Grassy Brook and Lyon's Creek Tributaries east of Crowland Avenue. If Council decides to close Crowland Avenue, these blocks will be accessed from a new private road constructed from Biggar Road. July 31, 2006 6 PD- 2006 -60 The proposed residential development conforms with the objectives of the Official Plan as follows: As the residential blocks are within the City's Urban Boundary, no expansion of the urban boundary is occurring. These lands are intended to be developed at an urban intensity. The residential blocks are outside of the 1.09 kilometer buffer radius established to protect sensitive uses from the impact of Cytec's industrial operations. The blocks are integrated into the design of the golf course. An Environmental Impact Statement will be required to ensure impacts on adjacent wetlands are mitigated. A form lifestyle community is being proposed catering to "empty nester" households. On site services such as recreational facilities and security will be provided. This adult oriented residential development, forming part of a comprehensive resort development, is a unique housing form that is currently not provided in the City and will provide additional diversity in housing options. Although the use of the lands for residential development is acceptable there are a number of site plan design and other technical matters that need be resolved. To address these technical matters, the Official Plan amendment should contain pohcies requiring a hold symbol to remain in place until the following matters are addressed: Provision of adequate municipal and stormwater services to the satisfaction of the City, as determined through a servicing study. Provision of adequate access and transportation facilities to the satisfaction of the City and the Region, as determined through a traffic study. Implementation of any noise mitigation measures as determined through a noise and vibration study, to protect against noise emanating from the CP Rail line. Submission of a plan of condominium, with a satisfactory second means of access. Completion of an Environmental Impact Study to the satisfaction of the City, the Region and Niagara Peninsula Conservation Authority. Completion of a Tree Saving Plan, to the satisfaction of the City and the Region, to determine the extent of woodlot protection. 4. Recognition of Existing Golf Course and Environmental Lands South of the CP Rail Line (Part 3) This land is designated Industrial, which does not permit golf courses. However, the land is zoned Rural Agricultural under Zoning By -law No. 1538 (1958) which permits golf courses. Due to this zoning, Grand Niagara Resort Inc. were permitted to develop a portion of their golf course on this land. July 31, 2006 7 PD- 2006 -60 Although not designated in the City's Official Plan, there is a provincially significant wetland on a portion of these lands. Grand Niagara Resort Inc. cooperated with the City and the Region in protecting this wetland when developing the existing golf course. The proposed redesignation would recognize the use of the tableland as a golf course only. As the golf course exists, this change is largely a housekeeping matter As no additional industrial lands are lost, this change is unaffected by the Provincial Policy Statement. This redesignation gives the City an opportunity to redesignate and rezone the provincially significant wetland as an Environmental Protection Area, and therefore protect this wetland. 5. Zoning (a) Expansion of the Golf Course West of Morris Road (Part 5) and Recognition of the Existing Golf Course South of the CP Rail Line (Part 3) It is proposed that the same site specific Open Space (OS -553) zoning that applies to the rest of the golf course (other than the resort block) be extended onto Parts 3 and 5. In addition, the site specific Environmental Protection Area zone (EPA -555) developed for the original golf course proposal, would apply to the valley lands (15 metres on either side of Grassy Brook and Lyon Creek Tributary watercourses) and the wetlands in Parts 3 and 5. The OS -553 zone contains regulations requiring buildings be set back a minimum of 15 metres (50 feet) from an EPA zone. This is an appropriate regulation to impose on Parts 3 and 5. In addition, this zone also permits a permanent clubhouse, which is proposed to be located on the south side of Grassy Brook Road east of Crowland Avenue, across from the temporary clubhouse that has been established around a former farm house. The EPA -553 zone prohibits any development or alteration of the land, other than construction of bridges, to protect these environmental features. The zone standards have been successfully applied on the rest of the golf course development and will be appropriate for these additional lands. (b) Expansion of the Resort Block on Part 2 The applicant proposes to extend the same site specific zoning that applies to the resort block north of Grassy Brook Road to the new resort block lands. As this zoning includes a comprehensive range of standards including capping the hotel rooms and vacation dwelling units at 350 and 300 units respectively, this request is appropriate. The applicant has requested that an apartment hotel use (a hotel that may have up to 75% of its hotel utilized as dwelling units as opposed to timeshare dwellings or hotel rooms) be added as a permitted use. Although up to 260 additional dwelling units could be provided, there are no studies provided to justify this request. Planning staff, however, does not object to this proposal as long the cumulative number of residential units in the apartment hotel and the proposed residential blocks do not exceed the number (220 units) that the applicant has requested for the overall development. Planning staff does not recommend the requested 0 metre yard setbacks for all buildings and structures on the land. Although most of the lands are abutting the resort blocks, these blocks also abut lands owned by adjacent residents and a 0 metre building setback July 31, 2006 8 PD- 2006 -60 may have adverse impacts on these residents. Instead, building setbacks should be generally based on the concept drawings submitted with the application. A final request, to increase the size of accessory office and recreational facilities from 500 square metres (5,382 sq. ft.) to 1,000 square metres (10,764 sq. ft.) is acceptable. Given the large land areas of the resort blocks, the increased size of these facilities is not going to have an adverse impact. (c) Residential Lifestyle Development on Part 2 The applicant has requested the residential blocks be put under an appropriate residential zone. However, to be consistent with the Official Plan designation, and to allow flexibility in locating the residential blocks, Planning staff recommends permitting the residential blocks under special provisions contained in the site specific Open Space zone. Staff supports the requested provisions for "wide /shallow" lots, with minimum lot depth of 25 metres (82 feet) and minimum lot frontage of 6.4 metres (21 feet) for townhouses and 15 metres (50 feet) for single detached dwellings. Rear yards would be reduced to 7.0 metres (23 feet), while front and exterior side yards would be reduced to 3.5 metres (11.5 feet) and side yards would be established at 1.2 metres (4 feet). Given the unique nature of the proposal and that these changes do not impact other residents, these reductions can be supported. Planning staff has a concern with the requested garage front yard setback of 5.5 metres (18 feet). The normal setback requirement is 6 metres to provide room for larger vehicles. Staff is concerned that this reduction may lead to vehicles over hanging onto the access driveway and therefore cannot support this request. Staff recommends minimum building setbacks of 15 metres (50 feet) from Provincially Significant Wetlands and 7.5 metres (25 feet) from the 15 metre buffer that follows Grassy Brook and Lyon's Creek Tributary. The wetland setback was originally recommended by the applicant's consultant to protect the drip line of trees. The 7.5 metre setback was required for the Cuviello Construction Inc. application, located at the northeast corner of Lyon's Creek Parkway and Montrose Road, to protect the Lyon's Creek Tributary. These setbacks will protect environmental lands from activities ancillary to buildings, such as backyards. 6. Request to Close Crowland Avenue and Grassy Brook Road To ensure the different components of the development are not separated by roads, the applicants have submitted a request to close Crowland Avenue, between Grassy Brook Road and Biggar Road, and to close Grassy Brook Road on either side of Crowland Avenue. Although Council denied a similar request previously, this request should be reconsidered for the following reasons: The intersection of Crowland Road and Biggar Road is undesirable as the CP rail crossing bisects the intersection at an acute angle and therefore reduces visibility at the intersection. As the approved resort development and proposed residential units are anticipated to result in an increase in traffic at this intersection, there are safety concerns regarding its existing configuration. Eliminating the north leg of Crowland Road at this intersection and replacing it with the proposed driveway would significantly improve the safety of this intersection. July 31, 2006 9 PD- 2006 -60 CONCLUSION: Grassy Brook Road, west of Crowland Avenue, abuts the Welland River for a stretch of approximately 100 metres. In this section, unstable soil conditions are causing the road to shift. Should this portion of Grassy Brook Road remain open, the stabilization costs will be about $200,000. The City can avoid these costs by closing up and stopping a portion of Grassy Brook Road as requested. The applicant has taken steps to reduce impacts of the road closures on residents. As the applicant now owns all lands abutting the proposed Crowland Avenue closure, residents will not be impacted by this closure. The proposed Grassy Brook Road closure does not impact any adjacent residents having direct access to a public road. It is staff's recommendation to initiate formal road closure proceedings. A public meeting of Council will be scheduled to give the public an opportunity to comment on the proposed road closings. Council's decision on the proposed road closings, following this public meeting, would then be final. 7. The golf course and resort development will be subject to site plan control. Through site plan control the detailed site servicing plans, environmental mitigation measures, archaeological measures and landscaping will be implemented. A site plan agreement will not be executed until all the matters covered under the hold provision are dealt with and the hold symbol lifted. 8. The proposed residential lifestyle community will be subject to a plan(s) of condominium. Through the plan of condominium stage an acceptable subdivision layout, with a second means of access to the condominium blocks, will be determined. In addition, detailed site servicing and drainage and environmental mitigation measures will be determined and implemented. Registration of condominium plans will be subject to lifting the hold zone. 1. The requested amendment to the Official Plan can be supported as follows: The addition of the land west of Morris Street has little impact on agricultural resources and environmental lands in this area will be protected under the appropnate designation. The resort block expansion is modest in size and does not result in an increase in the number of hotel or vacation villa units. The addition of the residential lifestyle community results in a unique type of development for which the market is not yet served in the City. This development will take place within the urban boundary and will have access to full municipal services. The designation of the lands south of the CP Rail Line for a special Open Space designation recognizes the existing use of these lands. 2. The site specific zoning will implement the hold provision set out in the site plan amendment and will have provisions recognizing the unique nature of the comprehensive development. July 31, 2006 3. The closures of Grassy Brook Road and Crowland Avenue are important components of the overall design of the project and will require Council's further consideration. Prepared by: Andrew Bryce Planner 2 Recommended by: AB:ko Attach. Doug Darbyso Director of Planning Development S:\PDR\2006\PD2006 -60, AM -38 -2004 &AM -19 -2005, Grand Niagara.wpd -10 PD- 2006 -60 Approved by T Ravenda Executive Director of Corporate Services Respectfully submit d: John MacDonald Chief Administrative Officer Subject Land Applicant: Grand Niagara Resort Corporation K: \GIS_ Requests\ 2006\ Schedules \ZoningAM\AM- 19\mapping.map SCHEDULE 1 LOCATION MAP Amending the Official Plan and Zoning By -law Nos. 79 -200 and 1538, 1958 Legal Description: Part of Lots 1,2,3,4 5,6 and 7 Broken Front Concession, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara 1:NTS AM- 19/2006 and AM- 38/2004 June 2006 61Ap•io3— t lno6oi\ u6lsapalowgin \lou.luoo \6mo \lio9 \SZ t Zo t\+Pom \'J SCHEDULE 3 Grand Niagara Resort SCHEDULE 4 TOWNHOUSE BLOCK 'A' 1:750 NORTH AREA OF BLOCK 'A' TOTAL TOWN HOMES (7.5mx27.5m) DENISTY TOTAL CURB LENGTH 36 226 m2 (3.62ha) 88 units 24.31 units /ha (9.84 units /acre) 914.691 m BBBOMELD 4 Niagara lir Region PLANNING AND DEVELOPMENT July 6, 2006 File: File: D.10.M.11.20 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Official Plan and Zoning By -law Amendment Applications Proposed Grand Niagara Goff Resort City of Niagara Falls The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905 -641 -5208 E -mail: plan@regional.niagara.on.ca RECEIVED JUL 13 2006 PLANNING DEVELOPMENT These applications propose amendments to the City's Official Plan and Zoning By -law to permit modifications to the proposed Grand Niagara golf resort complex that include: additional lands west of Morris Road for a second 18 -hole golf course; expansion to the proposed resort complex south of Grassy Brook Road; utilization of vacant lands adjacent to the existing golf course for a residential lifestyle community comprised of 226 single detached and townhouse dwelling units, and the redesignation of lands already developed as part of the existing golf course (south of the C.P. rail line) to provide for a more consistent land use designation. Several reports and studies were also submitted to support the proposed development applications. The following Regional and Provincial planning comments are provided for your consideration. REGIONAL REVIEW COMMENTS 1. Regional Planning The area east of Crowland Avenue is within the Region's Urban Area Boundary for Niagara Falls while the remaining lands to the west are designated as a Good General Agricultural Area according to the Regional Policy Plan. An exception to the Region's Agricultural policies was previously approved (Amendment No. 159) to permit a golf course and practice facility between Crowland Avenue and Morris Road as part of the applicant's original plans for the Grand Niagara golf resort. An application to amend the Regional Policy Plan (Amendment No. 172) was submitted in 2004 to allow an expansion to the golf course on the lands west of Morris Road and north of Grassy Brook Road along the Welland River. However, related applications to amend the local official Plan and zoning by -law were not approved by the City. As a result, the amendment to the Regional Policy Plan was not finalized. The revised proposal now being Building Community. Building Lives. presented for approval by the City no longer includes the lands along the Welland River. The amendment to the Regional Policy Plan must be modified to reflect the area of land now under consideration and must be approved prior to the amendments to the City's Official Plan and Zoning By -law being finalized and taking effect. The eastern portion of the site, which is within the Urban Area, was approved with policies that would allow a private sewage disposal system until municipal sewers were made available. A Class Environmental Assessment to extend sanitary sewers to this area has recently been completed and construction is expected to begin next year. Therefore, amendments to the City's Official Plan and Zoning By -law should clearly state that municipal Services will be provided for development within the Urban Area and any reference to the provision of private servicing systems should no longer apply. This would be consistent with the Region's Urban policies which require the provision of adequate municipal services for urban development. The Region recently approved new Environmental policies for the Regional Policy Plan that are currently subject to appeals. The Region's Core Natural Heritage System and associated policies are intended to be consistent with Provincial interests related to significant natural heritage features discussed in greater detail under our "Provincial Review Comments The lands east of Morris Road include sections that are currently designated and zoned as Environmental Protection Areas that are expected to be extended to include natural corridors along Grassy Brook and a tributary of Lyon's Creek and a Provincially significant wetland west of Morris Road. An Environmental Impact Assessment, prepared by Stantec Consulting Inc. (2004), includes mitigation measures that appear to provide for a reasonable level of protection in these areas. This report should be reviewed in greater detail at the site plan state and implemented accordingly. A woodiot at the northwest corner of Biggar Road and Crowland Avenue has not been determined to be significant according to the Environmental Impact Assessment. However, it should be noted that any cutting within this woodland is subject to the Region's Tree and Forestry Conservation By -law which requires a permit for any tree cutting as part of this development unless a Tree Preservation Plan is approved as part of a site plan agreement. The proposed golf resort now includes housing comprised of single detached and townhouse dwellings as part of a lifestyle community. Part of Grassy Brook Road and Crowland Avenue will be closed to the public and integrated into a system of private roads to be constructed throughout the complex. The proposed housing will generally cater to a select market of empty nesters and active seniors looking for a recreational /resort experience in a unique setting. The inclusion of housing in the development also provides the opportunity to make more efficient use of municipal services being extended into this area that will be predominately comprised of open space uses. Although this would not be a traditional residential neighbourhood, the City should consider designating these areas for residential purposes since it will provide permanent types of accommodations that will form part of the municipality's housing supply. 2. Regional Public Works 2 The Regional Public Works Department is currently reviewing these applications and the Traffic Impact Analysis Update submitted. These comments are being finalized and will be forwarded as soon as possible. PROVINCIAL REVIEW COMMENTS 1. Ministry of the Environment Land Use Compatibility A 1.09 kilometre radius has been maintained between the proposed housing blocks and existing industrial development to the northwest. This was a provision agreed to as part of a settlement reached with Cytec Canada Ltd. when the original resort proposal was appealed to the Ontario Municipal Board. An air quality study was previously prepared to assess potential dust, odours and air pollutants from nearby industrial operations. Although the study indicates that there should not be any adverse effects, the study should be reviewed by the Ministry of the Environment prior to proceeding with development. The blocks being planned for housing are located close to the C.P. rail line. It is our understanding that the level of train traffic has been reduced over the years. However, the line remains in active use. A preliminary noise impact assessment was previously prepared in 2002. This did not consider the residential uses now being proposed. A detailed noise study should be prepared to determine what mitigation measures are necessary to attenuate any potential adverse impacts. This could be implemented through conditions of draft approval when condominium plans are submitted or through the site plan process. Services and Stormwater Management The extension of municipal water and sanitary sewer systems into the Grassy Brook area will be subject to the approval of the Ministry of the Environment. As mentioned previously, a Class Environmental Assessment was previously completed for the sanitary sewer project that is expected to begin next year. Updated information will be required on stormwater management for the golf course expansion, the revised resort blocks and proposed lifestyle housing developments. Approval from the Ministry of the Environment will be necessary for any new storm ponds to be constructed. This can be considered through conditions of condominium approval or the site plan process. 2. Ministry of Natural Resources 3 There are several Provincially significant natural heritage features within or adjacent to the proposed development that require protection. The Welland River borders the northeasterly section of the project and is classified as a Critical (Type 1) fish habitat by the Ministry of Natural Resources with Provincially significant wetlands located along portions of its banks. Grassy Brook and a tributary of Lyon's Creek traverse the site and are classified as Important (Type 2) fish habitats. There are several woodlots that are designated as Provincially significant wetlands (PSW) on the subject lands where development is prohibited. Most of these natural heritage features have been designated and zoned as part of the initial Official Plan and Zoning By -law amendments previously approved for this golf resort. The current amendments should extend the Environmental Protection Area to the west of Morris Road to include minimum 15 metre buffers on both sides of Grassy Brook and the tributary of Lyon's Creek. A PSW west of Morris Road and another south of the C.P. rail line, east of Crowland Avenue (within the existing golf course) should also be designated and zoned for Environmental Protection purposes. 3. Ministry of Culture 4 An Environmental Impact Study and addendums were previously prepared for the development. An additional assessment of impacts and mitigation measures will be necessary to consider modifications to the resort complex and the proposed housing blocks located adjacent to natural heritage features. This can be undertaken when detailed plans are submitted to the City for condominium or site plan approval. An archaeological assessment was undertaken for the original resort proposal. Artifacts were discovered and subsequently protected when the first golf course was constructed. A further assessment of archaeological resources will be necessary for the expansion of the resort and the Ministry of Culture must also be satisfied that artefacts previously found remain protected. This must be undertaken prior to any grading or construction of the property. CONCLUSION Amendment No. 172 to the Regional Policy Plan must be approved prior to finalizing the amendments to the City's Official Plan and Zoning By -law. This applies to the area west of Morris Road. The modifications to the resort complex will result in the integration of more permanent forms of housing with accommodations for tourists within an amenable open space setting. This should create an interesting and active community environment. Further consideration of studies or requirements for updated information, previously mentioned to meet Regional or Provincial interests, can be met through the condominium or site plan process as this development is phased in. This would involve matters related to servicing, traffic, environmental impacts, stormwater management, potential air quality/noise impacts and archaeological resources. Please send notice of Council's decision on these applications when available. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner c: Mr. D. Darbyson, MCI P, Planning Director, City of Niagara Falls Mr. C. Brawley, Glen Schnarr Associates, Mississauga, ON Mr. J. Durst, Ministry of Natural Resources, Vineland, ON Mr. J. MacDonald, Ministry of Culture, London, ON Ms. C. Sheppard, Ministry of the Environment, Hamilton, ON Ms. S. McInnes, Niagara Peninsula Conservation Authority Mr. W. Stevens, Regional Public Works Mr. D. Semple, MCIP, RPP, Senior Planner, Regional Planning Development pc/Niagara FaIIs/NF opa/Bruce re Grand Niagara Enbridge Pipelines Inc. 801 Upper Canada Drive P.O. Box 128 Samia, Ontario N7T 7H8 (Courier N7W 1A3) City of Niagara Falls Director of Planning City Hall 4310 Queen Street Niagara Falls, Ontario Attention: Mr. Doug Darbyson Re: Dear Mr. Darbyson, Development L2E 6X5 NBRI DGE July 10, 2006 File No. 73.11 Niagara Official Plan Zoning By -Law Amendment Application AM- 19/2006 AM- 38/2004 Lots 5 6, Broken Front Concession, City of Niagara Falls, Ontario Enbridge Pipelines Inc. (Enbridge) owns and operates two high pressure petroleum pipelines contained in a 18.3m wide right -of- way /easement through the subject lands. Enbridge has no objections to the subject application providing the following conditions are adhered to: No permanent structures are permitted within the right -of -way area. Enbridge must have the ability to access its' right -of -way at all times for maintenance, inspection and alteration of the pipeline(s). Therefore, the Enbridge right -of -way shall be maintained as green space, park belt or open space. Any proposed crossings of the right -of -way by roads, laneways, bike /walking paths, services and utilities are permitted in accordance with the regulations of the National Energy Board (NEB) Act and subject to approval by Enbridge's Crossings Co- ordinator, Ann Newman at (519) 339 -0503. The applicant will be required to enter Enbridge's Standard Crossing Agreement. Enbridge is regulated by the National Energy Board (NEB) Act. Section 112 of the Act requires any excavation within 30 meter of Enbridge's right -of -way to be approved by Enbridge. No grading or placing fill on Enbridge's right -of -way will be permitted without prior approval of Enbridge. No work shall take place on Enbridge's right- of -wa; inspector. wityi it tbP prtPARII0A 0 RECEIVED JUL 13 2006 f'LANNING Direct Line: 519.339 -0503 DEVELOPMEN e -mail ann.newman ©enbridge.com Website: www.enbii e.com an Enbridge ce: 519- 339 -0500 519-339-0510 Page 2 July 10, 2006 No heavy machinery will be permitted to cross Enbridge's right -of -way without prior approval. No landscaping shall take place on Enbridge's right -of -way without Enbridge's approval. To obtain locates of our facilities please contact (905)659 -7236 and Ontario One Call at 1 -800- 400 -2255. Request to meet "Enbridge Pipelines Inc." onsite at the specified address. Please call if you have any questions. Yours truly, Ann Newman CET Crossings Co- ordinator, Eastern Region U7,20/ 2006 09: 5E1 416 235 -4207 Ministry at Minister* des Transportation Transports Phone: (416) 235 -5124 Central Region Fax; (416) 235 -4267 Corridor Management Section E- email: hugh.fyffe@mta.gov.on.ca 7 Floor, Bldg. D Doug Darbyson Planning Development City Hall 4310 Queen Street Niagara Falls, Ontario, 1.2E 6X5 Re:: Public Meeting Notice City Files: AM- 19/2006 AM- 3812004 Dear Mr. Darbyson: The property bounded by Monixose Road, Welland River, Biggar Road and Grassy Brook Road is outside the ministry's permit radius. cc: Yours tnl ur Hugh Project Manager CORRIDOR MANAGEMENT 1201 Wilson Avenue Downsviow, Ontario M3M 1J8 July 20, 2006 Ontario RECEIVED JUL 2 0 2006 PLANNING DEVELOPMENT PAGE 02/02 06/07/2006 13 :47 9052761973 86/02/2006 15:19 9 656€9ees4 Dew Ken, GLEN SCHNARR ASSOCIATES INC. MAN 1 LANG O.' spurt t.r1UL1ANTh June 2, 2006 Pianiing dt: Developruent Department City ofNiagara Fails P.O. Box 1023 4310 Queers Street Magara Falls Ontario L2E 6XS Attention: K enn Mach RE: 20 TaAi! OF SaaVi 131N SC*4ARR ASSOC FAQ 11A1 TTAI ME>NO rxsutcns sue t--33'6-2355/ .Tors. 7/o AM19/2006 OPA/ZBA Applienden Grand Masora Resort Ise. Lifestyle R eldsndai Calmmrueity AM 03/2002 and AM 33/2014 OPAIZBA Applications Thank you for your May le, 2006 letter with respect to the above noted matters. In response to the arose, we are providing you the following additional information; 12 copies of our application form. to amend the Omcial Plan and Zoning By -Law to expand the future weal (Norma) golf course west of Morris Road (a revised version of former AM 05/2002) and expand the approved resort development block to lands on the south side of Grasso Brook Road, north of CPR (currant AM 38/2002). The application includee a plan showing the boundaries o f the subject areas which are all exiStipg, individual properties. A revised draft of a consolidated Special Policy Area 34 of the Official Plan: Refer to file: 295-002 RECEIVED JUN 072006 PLANNING DEVELOPMENT MO of PAGE& 3 PeaiLdiciz COMPAKt f 06/07/2006 13:47 9052761973 86/82/2086 15:19 9855686894 GLEN Sri *NARK 8 ASSOC GLEN SCHNARR (St ASSOCIATES INC. Y���� le t�0 Ito ��lt1, 1��� Yl�lt<��1�� f��s�lt �Y �f LIMY a abler *t PL4.Iuus, Liss OIvtLipI,MI C,ssnnr *Mys 6 copies of any Agricultural Impact Assessment Study (ESO) dated Mach 0 °701 and a Mated Addendum letter (ESO) dated November 10/02 to support the applicadon to convert apiculture' Road. In env designated lands to non- ageicultutal (golf course) trans west of Morris opinion these documents we still quite adequate in t context of a planning jwdfication report relative to the 1997 or 2005 PPS and local Official Plants. In a comparative review of the 2005 and 1997 PPS, there are no substantive contextual policy changers as they relate to agrictnitusi matters turd the justification framework (policy 2.3.5.1 (c)) For agricultural lend conversions is unaltered. The subject lands west of Morris Road are contiguous with the existing golf course and we rated as Class 3 agricultural lands which are givrm the lowest priority for protection. Thera is also an unresolved discrepancy between the Niagara Region Official Plea and Niagew Falls Official Plan with respect to the agricultural quality of these lands. The Regional. Official Pius Amendment application (Regional magi Plan Amendment 112) for the subject lands also remains open, and was fitsd well prior to the March 2005 version of the PPS, making the 1997 PPS applicable. With respect to archaeologic"' assessments on the resort block expansion and proposed lifestyle components, attached hereto are a copy of the covers of various reports filed with the Ministry of Culture. Essattially all lands east of Crowland Road have atehmological clearance except for 2 remnant homesteads (Macidem and Steitutft) located with► the resort block on the south side of Grassy Brook Road. Stage 4 excavations of these two sites were conducted and filed with the Ministry in 2004 (per attached AMICK April 2003 hansmittid) and we have yet to receive any response to mum Likewise with the west course expansion west of Morris Road, Stage 1 -3 assessment was completed iu February 2005 and filed with the Ministry of Culture is April 2005. We have yet to receive a response to the same. If you desire a copy of the repotts, we are happy to provide them to you upon your request once AMICK lots the opportunity to reproduce therm. For sonic reason, we do not have a copy of the Stage 4 excave Lions on the fennel Hackies» and Steinoff homesteads is the resort block expansion that were filed with the Ministry is 2004. However since the assessment has clearly been completed end at least 1.5 years has transpired with no response from the Ministry, we would ask that our moons and Mated submissions be circulated for processing. in the meantime, we will pursue the long overdue oomaotutsfdatrmrces of the Ministry of Culture on the documents filers with them. With respect to the revised servicing report, Philips Engineetiqg is just finalizing the revised report and will submit that report directly to you during the week of June 5 2006. PAC*. by PAGE 82/83 06/07/2006 13 :47 9052761973 66/02/2006 15 :19 9e5CEa8e94 GLEN SCUNARR ASSOCIATES INC. Imo t tfsosflt ?weeref, ties bfvtLoosEet tssseitAers We inset you will find the above in order and look fbrward to advancing further approvals of this unique development project. Please call if you require anything further or if we can be of any aaistatwe. Yours very may, OLEN SCHHARR ASSOCIATES INC. Cali Howley, MCIP RPP enclosures c.c. Draw Seta Mama Region Ken Depodeeta, P M. Cornies, AMICK ,t. Sorokolit 3 GLEN SO+1 RR ASSOC PAGE 03 PAGE 03/03 Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 The City of Niagara Falls Canad Date: July 31, 2006 Subject: Approval for a Wireless Network, 18 Ghz High- Performance Microwave Antenna Attached please find an e -mail from a company called mmwave Technologies. The company is setting up a wireless network to connect area hospitals. Industry Canada requires municipal consent. A three foot antenna would be placed on the roof of the Embassy Suites in Niagara Falls. As the e -mail from Bill Clark, Senior Zoning Administrator indicates that the network/antenna would not offend the zoning by -law or the roof feature provision of the site specific by -law for the hotel; therefore, based on the above, staff is recommending approval. RECOMMENDATION: For the approval of Council. Working Together to Serve Our Community From: "Melanie Starr" mstarr @mmwave.com> To: <diorfida @niagarafalls.ca> Date: 7/4/2006 2:28:37 PM Subject: Municipal consent for 18 GHz licence application in Niagara Falls Hi Dean, Thank you for returning my call. As I mentioned on the phone, we are installing an 18 GHz wireless network in the Niagara region to connect the hospitals in the area. Industry Canada requires that we obtain municipal consent from all the municipalities involved. In Niagara Falls, we plan to use the Niagara Falls Embassy Suites Hotel as our station. This site serves as an intermediary site to connect the St. Catharines General Hospital and the Doug Memorial Hospital in Fort Erie. The radios that will be used operate in the licensed 18 GHz frequency band and are approved by Industry Canada for radio transmission. A third party interference analysis was performed and our proposed network will not affect any other licensees in the area. In comparison to cell phone service providers, our antennas have a very narrow radiation pattern and are not directed toward the general public. In addition, our network is compliant with Health Canada's Safety Code 6 requirements. Please let me know if you require more details. Regards, Melanie Starr Melanie Starr, P. Eng. mmwave Technologies Tel: 905.696.2800 (main) Tel: 905.696.2812 (direct) Fax: 905.564.5889 E -mail: mstarr @mmwave.com www.mmwave.com Making Wireless Work! RADIOWAVES 18 GHz (17.7 -19.7) HIGH PERFORMANCE MICROWAVE ANTENNAS FEATURES Antenna diameters 1' (30 cm) 1.5' (45 cm) 2' (60 cm) 3' (90 cm) 4' (120 cm) Antenna weights 1' 17 lbs. (7.7 kg) 1.5' 19 lbs. (8.6 kg) 2' 27 lbs. (12.2 kg) 3' 50 lbs. (22.5 kg) 4' 85 lbs. (38.3 kg) HP models: high performance, plane polarized HPD models: dual polarized IEC or EIA flanges available Direct mounting for RF units available Ease of installation: antennas shipped completely assembled, minimal mount required Planar radomes standard with high performance model Rugged and lightweight cast aluminum mount with fine adjustment for both azimuth and elevation Compact size, due to Radio Waves innovative feed design Standard white; other colors and /or logos available on request Corrosive resistant: coated aluminum, hot dipped galvanized steel and stainless steel Three year warranty 17.7 19.7 GHz ELECTRICAL SPECIFICATIONS (typical performance)* Model Number Diameter ft (cm) Gain, dBi Beamwidth Low Mid High Degrees, 3dB Plane Polarized HPLP 1 8 (30) 33 .5 34 0 34.4 3.0 HPLP1.5-18 5 (45) 3 5 7 36 2 36.7 HP3 H P2- 1 8 2 (60) 38.2 18 42.0 42.4 1.3 HP4-18 44 1 44.5 44.9 1.0 Dual Polarized HPLPD 18 1 (30 33.8 34.2 3.0 HPLPD 18 1 5 4 5) 2.5 HPD2- 18 3 8. 0 38.4 38.8 2.0 H P D3 41.8 1.3 H P D4- 1 8 4 120) 43 .8 44.3 44.7 1.0 All specifications subject to change without notice. For regulatory compliances, contact Radio Waves. X Pol. Disc., dB F/B VSWR Max. Ratio, dB (R.L., dB) 3 9 5 3 ..............1..4:1....115: 5). 30 58.... 1.4 :1 30 66 1.4:1 (15.5) 30 69 :1 5)... 30 72 .........._1.4:1....(1.5.5)_.. 30 53 1.4:1 30 58 1.4:1 (15.5) 30 66 1.4:1 (15.5) 30 69........................... ........1.4:1.....(.15.5). 30 .............._72_......._.__. Radio Waves, Inc. http://www.radiowavesinc.corn From: William Clark To: Dean Iorfida Date: 7/20/2006 4:29:56 PM Subject: Embassy Suites Emergency Communications Antennae The design of and in particular the size of this disc antennae (3 foot diameter) does not offend the intent of the Zoning Bylaw and is permitted. In fact Section 4.4 of Bylaw 79 -200 entitled 'Public Service' specifically permits such public services as a telecommunications company to supply and provide a public service and it accomodates the erection of such antennae structures within the City. Incidently this emergency communications antennae does not offend the intent of the 'Roof Feature' provision of the site specific bylaw applicable to the Embassy Suites Hotel property. Corporate Services Department CD- 2006 -11 The City of Clerk's Division Dean lorfida Niagara Falls 4310 Queen Street City Clerk Cannon P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Size of Commission Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: diorfida @city.niagarafalls.on.ca July 31, 2006 Re: CD- 2006 -11 Niagara District Airport Commission Municipal Agreement 1) That Council authorizes the Mayor and City Clerk to sign the Municipal Agreement between The Corporation of the City of St. Catharines, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara -on- the -Lake and The Corporation of the City of Thorold pertaining to the Niagara District Airport; and 2) Council pass the by -law executing the said agreement appearing later on the agenda. Last year, report CAO- 2005 -05, Niagara District Airport Commission Municipal Agreement appeared on the Council agenda. The report was deferred in light of concerns over the change to the governance model being proposed for the Commission. As the attached letter from the City Solicitor of St. Catharines indicates, changes have been made from what was proposed in last year's report. The size of the Niagara District Airport Commission will not be reduced. Last year's proposal was to reduce the Commission to seven at -large members, two of which were from Niagara Falls. Although last year's proposal did not preclude Council members from being appointed to the seven positions, there was no explicit Council representation under that agreement. The agreement recommended in tonight's agenda reverts back to the status quo of seven at -large appointments and a Council representative from each municipality. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 31, 2006 2 CD- 2006 -11 Nominating Committee The Niagara District Airport Commission has always had a "nominating" committee for appointments. The Clerks of the four municipalities are to forward the applications to the nominating committee. The committee interviews the applicants then makes a recommendation to the respective municipalities. The thought being that the nominating committee would be able to identify the applicants most qualified for appointment to the Commission. It should be stressed that Council is not compelled to follow the nominating committee's recommendations. Last term, Niagara Falls City Council appointed one of the nominating committee's recommendations and rejected the other one. The agreement on tonight's agenda changes the composition of the nominating committee to consist of the Airport Liaison Committee along with the respective municipality's Council representative. Once again, however, it will ultimately be up to Niagara falls City Council to decide who their two at -large representatives will be. Airport Liaison Committee The Airport Liaison Committee (ALC) was outlined in CAO- 2005 -05. It is still proposed in the agreement on tonight's agenda. The ALC consists of the Mayors and Chief Administrative Officers of the four participating municipalities. Its' purpose is to deal with the strategic business planning of the Airport and be a liaison between the Commission and their respective Councils. The ALC will meet at least twice a year. Miscellaneous The agreement on tonight's agenda will reflect the four -year term of Council for appointments, however, the respective municipalities will have some flexibility with regard to the terms of their at -large appointments. For example, the City of Niagara Falls could chose to make their appointments for two years instead of four years. Other highlights of the agreement on tonight's agenda are unchanged from last year's proposal and reflect the results of the Marshall Macklin Monaghan Strategic Plan. These highlights are outlined in the attachment to the report. It should be noted that the Chair of the Commission has made contact to appear before Niagara Falls City Council but it was thought that it would be appropriate to wait until the issues surrounding the agreement had been resolved. CONCLUSION: Changes have been made to the governance model for the Niagara District Airport Commission. These changes continue to include representation from the respective municipal councils. The council representatives will also have a role in the nominating committee, which makes non binding recommendations to municipal councils regarding the at -large appointments. Other clauses of the municipal agreement are reflective of the recommendations of the Marshall Macklin Monoghan Strategic Plan. July 31, 2006 Recommended by: 1-46(/ Dean ida City Clerk Approved by: T. Ravenda Executive Director of Corporate Services 3 Respectfully submitted: ohn MacDonald Chief Administrative Officer CD- 2006 -11 CITY OF ST.. CATHARINES January 23, 2006 City:of Niagara Falls City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2 E 6X5 ATTENTION: John MacDonald Chief Administrative Officer Dear Sir: RE: Niagara District Airport Agreement Our File No. 89-435 Enclosed, please find the revised agreement to reflect those revisions previously discussed in the letter dated December 6, 2005, from Robert Puhach to yourself dealing with the following: The Liaison Committee consisting of the Heads of Council and the C.A.O's will be formalized as previously proposed. The size of the Airport Commission will not be reduced and Council representatives from each Municipality will be maintained as presently exists. The Liaison Committee will be the Nominating Committee for appointments to the Commission on the understanding that the Council representation will be involved in the nomination process. Please review the said document. If you have any questions or concerns please call me in order that they may be clarified, otherwise please proceed to obtain the necessary authorization for the execution of the said agreement. Yours trul Annette Poulin City Solicitor /03 a Ce 4a AP:sal Encl. c.c. B. Robert Puhach, C.A.O., St. Catharines CITY HALL 50 CHURCH STREET P.O. BOX 3012 ST. CATHARINES, ONTARIO L2R 7C2 TEL. (905) 688 -5601 FAX (905) 688 -9103 RECEIVED JAN 2 5 2006 OFFICE OF THE ADMINISTRATOR OTHER HIGHLIGHTS OF THE NIAGARA DISTRICT AIRPORT AGREEMENT 1. The existing agreement expires December 31, 2006, and the new agreement proposes to extend the term to December 31, 2026. 2. The new agreement goes on to direct and authorize the Commission to formalize agreements as required with various municipal parties to provide for administrative and technical services assistance. The Commission is also encouraged to develop supportive relationships with the various municipalities and Regional Economic Development departments. 3. The new agreement provides that the Chair of the Commission shall be required to attend one meeting of each Council per year to provide the respective Councils with a formal administrative and operations report and to seek approvals for the required capital expenditures outlined in the business plan. 4. The new agreement will provide that the Commission is to prepare and adopt, pursuant to the Municipal Act, a procedural by -law, procurement policy and hiring policy. The Commission shall also be required to provide the Clerks of the respective municipalities with copies of current by -laws, policies and leases between the Commission and Niagara- on -the- Lake. 5. In the new agreement a termination clause was added providing for a minimum of twelve months' written notice to be given to other members upon wanting to terminate the relationship. If one party decides to terminate its participation in the Niagara District Airport Commission, upon doing so it is abandoning its interest and rights in the Airport and it agrees to hold the other parties harmless. The terminating party shall continue to have a minimum of twelve months financial obligations. O O O N N N D: l0 OD O r" �A CO 1` CO r- CO c tp et CO r- N CO T CA fAN CA to �7 (A h P.- OD CO Cp M 41 O CO N tir r CU 61 -J N N N O N t1 D Z o c» in 2 VII cocoa 3 F' Ut�HU EEb2 -t'89 -S06 e2I :Ii 90 IZ Inc Niagara Falls I The City of Cana His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2006 -29 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site www city.niagarafalls.on.ca Tel (905) 356 -7521 Fax: (905) 371 -2892 E -mail kkelly @city.niagarafalls.on ca July 31, 2006 Re: L- 2006 -29 Legal Services Policy and Procedure for Insurance Claims Our File No. 2006 -73 Karen I. Kelly City Solicitor That Council approve the amendment to Section 600.04 of the Policy and Procedural Manual "Policy Manual being Legal Services policy and procedure for Insurance Claims. Legal Services policy and procedure for Insurance Claims has not been updated since October 4, 2004. A review of the Policy Manual has revealed that the service provision of the Insurance Claims policy does not reflect the provisions of section 44(10) of the Municipal Act, 2001 as follows: notice of the claim and of the injury complained of has been served upon or sent by registered mail to, (a) the clerk of the municipality; or Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 31, 2006 As such, an amendment to this policy is warranted as set out in Appendix "1" attached to this Report. Recommended by: espectfully submitted: Karen I. Kelly City Solicitor Approved by: T. Ravenda KIK/jm attachment Executive Director of Corporate Services 2 /91 John MacDonald Chief Administrative Officer L- 2006 -29 APPENDIX "1" CORPORATE SERVICES LEGAL SERVICES DATE EFFECTED July 31, 2006 POLICY: Insurance Claims Section 600.04 Personal and property claims must be made by putting the City of Niagara Falls on notice by filing a claim in wnting and sending it by registered mail or by delivering it personally to the Clerk's Department. The notice must set out the following information: (a) Claimant's name; (b) Claimant's address; (c) Claimant's phone number; (d) How many people were involved in the incident? (e) When did the particular incident occur? (date and time); (f) Where did the particular incident happen? (i.e. address or location); (g) Particulars of what happened, setting out a brief description of the event; and (h) What are the out -of- pocket expenses? (i.e. receipts). Note: A claim that involves a street or sidewalk must be filed within ten days from the date of the incident in accordance with the above. Legal Services will consider, evaluate and review all claims filed on the basis of the Canadian Legal principles and in accordance with all applicable limitation periods and when appropriate forward any claims to the City's Insurance Adjusters for processing. Niagara Falls r The City of Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD- 2006 -59, Heritage Designation of Cummington Square RECOMMENDATION: That Council pass the by -law to designate Cummington Square under Part IV of the Ontario Heritage Act, R.S.O. 1990 as a property of cultural heritage value and interest. BACKGROUND: The original application to designate Cummington Square as a property of cultural heritage value and interest came before Council in November 2001. The matter was deferred several times in order to consult with interested parties. Council recommended in January 2003 that the matter be deferred until the Heritage Master Plan was completed. The Heritage Master Plan found Cummington Square to be of cultural heritage value and interest. Council authorized staff to proceed with the designation process. The Notice of Intention to Designate the property was published on July 30, 2005. On August 25, 2005, the City received a Notice of Objection to Designation from the Royal Canadian Legion Branch 396. This notice was referred to the Conservation Review Board at the Ministry of Culture. The Legion withdrew their objection on March 20, 2006. A letter was received from the Conservation Review Board on June 28, 2006 (attached) acknowledging the withdrawal and advising that a hearing on the matter will not be held. Council is authorized to proceed in accordance with the Act. CONCLUSION: Staff has prepared the designating by -law which appears on the Council agenda. Once the by -law is passed, Notice will be publicized and registered on title. Pre pared by: Peggy Boyle Assistant Planner Recommended by: Doug Darbyson Director of Planning Development Corporate Services Department PD- 2006 -59 Planning Development Doug Darbyson 4310 Queen Street Director PO. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.. (905) 356 -7521 Fax: (905) 356 -2354 E -mail. planning @city.niagarafalls.on.ca July 31, 2006 proved Ravenda Executive Director of Corporate Services espectfully submitted: ohn MacDonald Chief Administrative Officer PB:gd Attach. V •\2006COUNCIL \060731\PD2006 -59, Heritage Designation, Cummington Square.wpd Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Ministry of Tourism, Culture and Recreation 400 University Avenue Toronto ON M7A 2R9 Conservation Review Board Tel 416- 314 -7137 Fax 416- 314 -7175 June 22, 2006 Mr. Doug Darbyson Director of Planning Development Corporate Services Department Planning Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Notice of Objection to Designate Cummington Square, Niagara Falls This will confirm that we are in receipt of an e-mail dated March 16, 2006 from Mr. Dave Nicholson, (President) of the Royal Canadian Legion Branch 396, Chippawa, stating that he has withdrawn his objection to the designation of the Cummington Square. Subsection 29(15) of the Ontario Heritage Act states that a person who has served a notice of objection under subsection (5) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board, and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing. As the objection has been withdrawn, a Conservation Review Board hearing will therefore not be held on this matter. Please note that subsection 29(15) further provides that, where an objection is withdrawn, the council shall act in accordance with subsection (6) as if no notice of objection had been served. Yours truly, /re Rita Caldarone Administrative Clerk 42-054C Ministere du Tourisme, de la Culture et des Loisirs 400, avenue University Toronto ON M7A 2R9 Commission des Biens culturels Tel 416- 314 -7137 TOMMc 416- 314 -7175 cc: Peggy Boyle, Assistant Planner Ken Beaman Assistant City Solicitor Ontario RECEIVED JUN 2 8 2006 PLANNING DEVELOPMENT Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -79 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 July 31, 2006 Re: MW- 206 -79 Contract 2006 -08 2006 Surface Treatment Program It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted and the financing of this construction from the 2006 Municipal Works Capital Projects Budget, be approved. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, July 18, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by two (2) Contractors and one (1) bid was received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the one (1) Contractor. 1. Norjohn Limited (Thorold) 864,180.80 The lowest tender was received from Norjohn Limited in the amount of 864,180.80 Surface treatment of the Willoughby Fire Hall Parking Lot was also included in this contract. The Tendered price for this work was $23,400.50. Therefore; the tendered price for the city roads is actually $840,780.30 The Willoughby Fire Hall Parking Lot will be funded by Reserve Account R13-2- 093000- 400078. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development July 31, 2006 2 MW- 2006 -79 This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this surface treatment of city road was 822,500.00 Project Costs: Awarded Contract 864,180.80 TOTAL 864,180.80 Due to the recent increase in petroleum products, the tendered price exceeds the Engineers estimate for surface treatment of city roads by 18,280.30. Additional funding will be transferred from the City's 2006 asphalt overlay account as required. This project is scheduled to commence on August 8, 2006, and all work to be completed within 45 working days. Councils' concurrence with the recommendation made would be appreciated. Prepared by: Funding: Reserve account R13 -2- 093000 400078. $23,400.50 2006 City Operating Fund Paved Surface Maintenance Roadway Account No. 12 -3- 310040- 030000 817,000.00 Es Dujlovic, P.Eng. Director of Municipal Works S:\REPORTS\2006 Reports \MW 2006 -79 2006 Surface Treatment Program.wpd TOTAL 840,400.50 spe fully subni{tted: Brad Simpson John MacDonald Permits Coordinator Chief Administrative Officer The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -87 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 July 31, 2006 Re: MW- 2006 -87 Consultant Appointment Portage Road /St. Paul Avenue Watermain Replacement In accordance with the City's Consultant Selection Policy, that the City of Niagara Falls enter into a Consulting Services Agreement with EarthTech International Ltd. for the design of a watermain replacement project on Portage Road from Elizabeth Street to O'Neil Street and on St. Paul Avenue from O'Neil Street to Riall Street for the upset limit of $51,230.00 excluding GST. In 2006, staff determined that the watermain on Portage Road from Elizabeth Street to O'Neil Street and on St. Paul Avenue from O'Neil Street to Riall Street required replacement to provide an increased service to the residents and surrounding businesses. Replacement of the subject mains will also allow for the resurfacing of the same length of roadway, which is in need of resurfacing, in the 2007 Asphalt Overlay Program. As per the City's Consultant Selection Policy, direct appointment for consultants up to $60,000.00, EarthTech International has been selected to complete this work. This consultant has previously performed similar type of work for the Region, more specifically the trunk watermain that runs through the same road allowance as the subject watermain replacement. We, are therefore, of the opinion that this consultant is capable of successfully undertaking this project. The design and completion of the subject project will provide an increased service to the local residents in both potable water and firefighting flows as well as improving the City's conveyance system. The project design will be completed through the fall of 2006 with an early 2007 target for construction. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 31, 2006 2 MW- 2006 -87 The funding source for this project is identified in the 2006 Capital Budget as follows: Consultant Cost: Funding: Watermain Replacement Program G/L #12 -3- 430003 030000 Council's concurrence with this report would be appreciated. Prepared by: Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted: 51,230.00 51,230.00 Frank Tassone, C.E.T. hn MacDonald Project Manager hief Administrative Officer Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontano Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -88 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 July 31, 2006 Re: MW- 2006 -88 Tender Award Park Street Underground Services and Road Reconstruction Contract 2006 165 -06 It is recommended that the unit prices submitted by the low tenderer, Provincial Construction (Niagara Falls) Limited, be accepted and the financing of this construction from the 2006 Municipal Works Capital Projects Budget, be approved. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, July 18, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by twelve (12) Contractors and three (3) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the three (8) Contractors, together with the corrected bids 1. Provincial Construction (Niagara Falls) Limited (Niagara Falls) $3,918,568.24 2. Alfidome Construction (Niagara Falls) $4,560,844.00 3. Nexterra Substructures Incorporated (Niagara Falls) $4,751,311.50 The lowest tender was received from Provincial Construction (Niagara Falls) Limited in the amount of $3,918,568.24. 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 July 31, 2006 2 MW- 2006 -88 Financing: The Engineer's estimate for this contract was $3,700,000.00 Project Costs: Awarded Contract $3,918,568.24 Bell Relocation 140,000.00 MOE Approval 2,300.00 TOTAL $4,060,868.24 Funding: 2006 Municipal Works Capital Projects Budget Park Street Sewer Separation $3,710,000 Bridge Street Storm Sewer Separation $3,008,333 Storm Sewers COMRIF (Victoria Ave Storm Sewer) Sanitary Sewers Water Roads It is anticipated that $3.1 million is to be debentured. The contract is for the construction of storm sewers, sanitary sewers, watermain and road on Park Street from Crysler Avenue to Victoria Avenue and the construction of storm sewers and sanitary sewers on Victoria Avenue from Park Street to Maple Street. The storm sewer is the storm outlet for the Bridge Street Sewer System separation program that is being funded from the Canada- Ontario Municipal Rural Infrastructure Fund (COMRIF) This project is scheduled to commence on August 20, 2006, and all work to be completed by December 8, 2006. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darrall Project Manager Approved TOTAL $2,300,000.00 415,000.00 340,000.00 570,000.00 440,000.00 $4,065,000.00 Account #12- 3- 420017- 030000 Account #12 -3- 420017 030000 Account #12- 3- 410010- 030000 Account #12 -3- 430003 030000 Account #12 -3- 430009 030000 Respectfully submitted: ohn MacDonald Chief Administrative Officer Ed Duj l Director of Municipal Works S:\REPORTS\2006 Reports NW-2006-88 Tender Award Park Street Underground Services and Road Reconstruction wpd The City of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -89 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site www.city.niagarafalls.on.ca Tel (905) 356 -7521 Fax. (905) 356 -2354 E -mail edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario July 31, 2006 Re: MW- 2006 -89 Consultant Appointment Maple Street, First Avenue and Third Avenue Underground and Road Reconstruction Bridge Street Watermain Replacement That the City of Niagara Falls enter into a Consulting Services Agreement with EarthTech Canada Inc. for the design of the underground services and road reconstruction on Maple Street, First Avenue, Third Avenue and the watermain replacement on Bridge Street for the upset limit of $77,925.00 excluding GST. The limits of this project are as follows: Maple Street from Victoria Avenue to Third Avenue First Avenue from Maple Street to Morrison Street Third Avenue from Maple Street to Hamilton Street Bridge Street from Third Avenue to Stanley Avenue The construction on Maple Street, First Avenue and Third Avenue will consist of new storm and sanitary sewers, watermams, road and sidewalks. On Bridge Street the watermain will be replaced. The existing infrastructure that will be replaced was constructed in the late 1800's and early 1900's. The storm sewer construction will provide the outlets for existing storm sewers on Bridge Street, Third Avenue to Stanley Avenue and on Morrison Street from First Avenue to Stanley Avenue. These storm sewers are presently discharging into the combined sewer system. The construction of these storm sewers will reduce the frequency and severity of the basement and surface flooding in this area and will provide the storm outlet for the continuation of the sewer separation program to eliminate the flooding problem in the area. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 31, 2006 2 MW 2006 89 The storm sewer construction is being funded by the Canada Ontario Municipal Rural Infrastructure Fund (COMRIF). Staff invited four (4) consulting firms to submit proposals to complete the detailed design for this project. The proposal's evaluation was based on several weighted factors including work plan, project team and project schedule. All proposals were initially reviewed and evaluated based on non -costs criteria. Only two consultants had high scores. The two lowest scores where such that the cost factor would not enable these consultants to outscore the higher scores, therefore these cost envelopes were not opened. The results of the evaluation and the project fees (excluding GST) are as follows: Associated Engineering Delcan Corporation EarthTech Canada Inc. Quartek Group Inc. Based on the evaluation, staff is recommending that the City enter into a Consulting Services Agreement with EarthTech Canada Inc. This consultant has previously performed similar type of work for the City. We, are therefore, of the opinion that this consultant is capable of successfully undertaking this project. The design process including all approvals will be completed in 2007 with construction in phases throughout 2007. Financing: The funding source for this project is identified in the 2006 Capital Budget as follows: Bridge Street Storm Separation $54,545.00 (70 Account #12 -3- 420017 030000 Watermain Replacement Program $23,380.00 (30 Account #12 -3- 430003 030000 $77,925.00 Council's concurrence with this report would be appreciated. Prepared by: Respectfully submitted: Bob"Darrall Project Manager (St. Cathannes) (Niagara Falls) (St. Catharines) (Niagara-on-the-Lake) Not Opened $107,605.00 77,925.00 Not Opened ohn MacDonald Chief Administrative Officer Ed Dujlovic Director of Municipal Works S:\REPORTS\2006 Reports\MW- 2006 -89 Consultant Appointment Maple Street, First Avenue and Third Avenue wpd Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -91 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 July 31, 2006 Re: MW- 2006 -91 Consultant Appointment- Montrose Business Park Municipal Services Extension Phase 1 That the City of Niagara Falls enter into a Consulting Services Agreement with Denco Engineering Ltd. for the design of a sanitary sewer, watermain and roadway extension in the Montrose Business Park (Phase 1) at an upset limit of $23,000 excluding GST. At its meeting held on August 8, 2005, City Council adopted the staff recommendations set out in report MW- 2005 -105 directing staff to proceed with the completion of the necessary engineering designs and approvals for the servicing of the Montrose Business Park. Recent interest in some of the lots in the first phase of the development will now require the extension of the services sufficient to complete the first phase. Staff has received a proposal from Denco Engineering Ltd. to undertake this work on the City's behalf which includes the preparation of a topographic survey, engineering drawings, streetlight design, tender documents and specifications. This work will be completed over the next two months so that construction can commence later this Fall. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 31, 2006 Financing: The funding source for this project is identified in the 2006 Capital Budget and will be charged to account #12 -3- 100003 030000. Council's concurrence with this report would be appreciated. Prepared by: Geoff Holman, C.E.T. 1 John MacDonald Manager of Development Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works 2 MW 2006 91 Respectfully submitted: l4 Chief Administrative Officer S:\REPORTS\2006 Reports\MW- 2006 -91 Consultant Appointment Montrose Business Park Ph.1 wpd Niagara Falls I The City of Canada Community Services Department Parks, Recreation Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site www.city. n iagarafalls. on .ca Tel.: Fax: E-mail His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Re: R- 2006 -27 2006 Sports Wall of Fame Inductees It is recommended that Council approve the 2006 Sports Wall of Fame Inductees for the January 21, 2007 Induction Ceremony. 2006 Sports Wall of Fame Inductees: 1900 -1970 Era: Name William (Bill) Manson William (Bill) E. Smith Don MacArthur 1971 -1990 Era: Name Carlee M. Cardwell Don Wesley Johnson Brian Mulligan Stamford CVI Senior Boys Basketball Team 1975 (905) 356-7521 (905) 356-7404 dmorrissey @niagarafalls ca Category Athlete/Builder Athlete/Builder Athlete Category Athlete Builder Builder Team July 31, 2006 Sport Martial Arts Hockey Auto Racing Sport Soccer Recreational Sports Basketball Basketball R- 2006 -27 Denyse Morrissey Director Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 31, 2006 2 R- 2006 -27 1991 Present Era: Name Category Sport Valerie Hall Athlete Hockey Tabitha Stavrou* Athlete Intercollegiate Wrestling *Automatic Induction Definition: (from Sports Wall of Fame Constitution) (a) Any Niagara Falls athlete or team who wins an Olympic medal (gold, silver, bronze). (b) Any Niagara Falls athlete or team who finishes first, second or third in any international championship sanctioned by the I.A.F. (International Athletic Federation) and/or is considered acceptable by the Sports Wall of Fame Committee. (c) Any Niagara Falls athlete who wins a Canadian championship in a non -team discipline, in an unrestricted age category, and sanctioned by a governing body affiliated with Sport Canada and/or is considered authentic by the Sports Wall of Fame Committee. (d) Any Niagara Falls team who wins a Canadian Championship or Ontario Championship (during the years 1900 to 1950 only) sanctioned by a governing body affiliated with Sport Canada and is considered authentic by the Sports Wall of Fame Committee BACKGROUND: For the past seventeen years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. This special recognition is a great honour bestowed on our athletes, builders, teams and sponsors. More than 350 people attend the event each year and the Committee works to gather program sponsors to cover the cost of the program and the reception. The Sports Wall of Fame Committee reviewed the Nomination Forms submitted and selected the above listed Nominees for Induction to the 2006 Niagara Falls Sports Wall of Fame. Council's support and approval of the selections are respectfully requested. 1 Lori A anese John MacDonald Community Development Coordinator Chief Administrative Officer Recommended by: Denyse Morrissey Director of Parks, Recreation Culture Respectfully submitted: LA /das S: \Council \Council 2006\R- 2006 -27 2006 Sports Wall of Fame Inductees.wpd CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Parts 57, 58, 59 and 60 on Reference Plan 59R -12577 as a public highway, to be known as and to form part of Drummond Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Blocks A and F Plan 8 Stamford, designated as Parts 57 58, 59 and 60 on Reference Plan 59R 12577, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 57, 58, 59 and 60 on Reference Plan 59R -12577 that are hereby established as a public highway, be known as and form part of Drummond Road. Passed this thirty -first day of July, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 31, 2006. July 31, 2006. July 31, 2006. Passed this thirty -first day of July, 2006. First Reading: Second Reading: Third Reading: July 31, 2006 July 31, 2006 July 31, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Lease Agreement with Seniors Boutique and Craft Outlet respecting the lease of a portion of the lands and premises located at the Coronation 50 Plus Recreation Centre and municipally known as 5725 Main Street, Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease Agreement dated the 31st day of July, 2006 and made between The Corporation of the City of Niagara Falls as Lessor and Seniors Boutique and Craft Outlet as Lessee, respecting the lease of a portion of the lands and premises located at the Coronation 50 Plus Recreation Centre and municipally known as 5725 Main Street, Niagara Falls as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR THIS INDENTURE made effective this 31' day of July, 2006. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, R.S.O. 1990, c. S.11 BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessor" and SENIORS BOUTIQUE AND CRAFT OUTLET Hereinafter referred to as the "Lessee" OF THE FIRST PART; OF THE SECOND PART. WHEREAS the Lessor is the owner of the lands described in Schedule "A" (the "City lands AND WHEREAS located upon the City lands are certain buildings and structures, including the Coronation 50 Plus Recreation Centre, which is owned and operated by the Lessor for the benefit of persons in the community who are 50 years of age and older; AND WHEREAS the Lessee is an unincorporated association of Community Support volunteers whose major role is to provide an outlet for crafts created by seniors, and to offer light meals and refreshments to members of the Coronation 50 Plus Recreation Centre, as well as non members; AND WHEREAS the Lessor has agreed to lease a portion of the Coronation 50 Plus Recreation Centre to the Lessee on the terms and conditions hereinafter set out. PREMISES, TERM AND RENTAL: -2- 1.01 WITNESSETH that in consideration of the rents, covenants, conditions and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor doth demise and lease unto the Lessee a portion of those premises municipally known as 5725 Main Street, Niagara Falls, Ontario (the "Demised Premises which are more particularly shown in bold outline on a floor plan sketch of the Coronation 50 Plus Recreation Centre attached hereto as Schedule `B 1.02 TO HAVE AND TO HOLD the Demised Premises for and during the term of one (1) year to be computed from the 1' day of March, 2006 and from thenceforth next ensuing and fully to be complete and ended on the 28t day of February, 2007. 1.03 YIELDING AND PAYING therefor during the said term to the Lessor, its successors and assigns without deduction or offset, the sum of FIVE THOUSAND TEN DOLLARS ($5,010.00) per annum, plus applicable Goods and Services Tax, in equal monthly installments of FOUR HUNDRED SEVENTEEN DOLLARS AND FIFTY CENTS ($417.50), plus applicable Goods and Services Tax, per month in advance on the first day of each month. 1.04 PROVIDED THAT the Lessee is not in default under any terms contained in this Lease, the Lessor shall, upon the written request of the Lessee given to the Lessor not less than three (3) months prior to the expiration of the original term of this Lease, grant to the Lessee a renewal of this Lease for a further term of one (1) year on the same terms and conditions, save and except for any further renewals and the provision for rent, which shall be agreed upon by the parties. LESSEE'S COVENANTS: 2.01 THE LESSEE COVENANTS WITH THE LESSOR: (a) To pay rent. (b) To pay all taxes, rates, charges and licence fees assessed or imposed in respect of the personal property, fixtures, business or income of the Lessee. (c) To pay for all telephone charges for the Demised Premises. (d) At its sole cost and expense, to keep the Demised Premises and every part thereof in a clean and tidy condition and not permit waste paper, garbage or waste or other objectionable material to accumulate thereon. (e) To use the Demised Premises for the purposes only of a seniors boutique and craft outlet. (g) (i) -3- (0 To abide by and comply with all lawful statutes, by -laws, rules and regulations ofeveryparliamentary, legislative, municipal or other authority which in any manner relates to or affects the Demised Premises by reason of the tenancy of the Lessee; and to put the said premises in such state of repair as to comply with the said statutes, by -laws, rules and regulations and to indemnify and save harmless the Lessor from any penalty, costs, charges or damages to which the said Lessor may be put or suffer by reason of having to alter the said premises to conform with any such statute, by -laws, rules or regulations by reason of the tenancy of the Lessee. Not to erect signs on the premises without prior written approval of the Lessor. (h) To provide, maintain and keep in force for and during the term, public liability and property damage insurance in the name ofthe Lessee in respect of the Demised Premises and the Lessee's operation thereon, with a limit of not less than TWO MILLION DOLLARS ($2,000,000.00) inclusive and to furnish to the Lessor a Certificate of said coverage in a form satisfactory to the City Solicitor; such policy to include the Lessor as an additional insured. The Lessee shall indemnify the Lessor against all fines, suits, claims, demands and actions of any kind to which the Lessor may become liable by reason of any breach, violation or non-performance by the Lessee of any covenants, term or provision of this Lease or by reason of any injury occasioned to or suffered by any person or any property because of any wrongful act, neglect or default by the Lessee or any of its employees, servants or agents. 2.02 The Lessee shall not assign or sublet the whole or any portion of the Demised Premises without the consent of the Lessor in writing first had and obtained, such consent not to be unreasonably withheld. Any assignment or subletting shall in no event relieve the Lessee from the responsibility of observing and performing the covenants herein contained including the payment of rent for the whole of the term of the within Lease and renewal thereof. ALTERATIONS, PARTITIONS, IMPROVEMENTS 2.03 (a) If the Lessee during the term desires to affix or erect partitions, counters or fixtures in any part of the walls, floors, ceilings ofthe Demised Premises, it may do so at its own expense at any time and from time to time provided that the Lessee's rights to make such alterations to the Demised Premises shall be subject to the conditions contained herein. -4- (b) Before undertaking any such alterations, the Lessee shall submit to the Lessor a plan showing the proposed alterations and shall obtain the approval and consent of the Lessor to same. (c) All such alterations shall conform to all building regulations then in force affecting the Demised Premises. (d) Such alterations will not be of such a kind or extent so as to in any manner weaken the structure of the building after the alterations are completed or reduce the value of the building. (e) Except as provided in this clause, the Lessee will not erect or remove or change the location or style of anypartitions or fixtures without the written consent of the Lessor being first had and obtained. {f) At the expiration of the term hereby granted or any renewal thereof, the Lessee shall have the right to remove its fixtures, but not the leasehold or structure improvements which shall remain the property of the Lessor, provided the Lessee makes good all damage occasioned to the Demised Premises by the taking down or removal thereof. LESSOR'S COVENANTS: 3.01 THE LESSOR COVENANTS WITH THE LESSEE: (a) For quiet enjoyment. (b) To pay all taxes, rates and assessments, including local improvements levied against the Demised Premises for each of the years during the term. (c) To pay for heating and air conditioning of the Demised Premises. (d) To pay water rates and charges for gas and electricity of the Demised Premises. 4.01 PROVISO FOR RE -ENTRY for non payment of rent and/or non performance of covenants, subject to the provisions of the Lease. (a) If Lessee shall fail to pay an instalment of rent payable hereunder when due and shall allow such default to continue for five (5) days or shall fail to perform any of the covenants, conditions and agreements contained and shall allow any such default to continue for ten (10) days, then the Lessor may take possession of the Demised Premises herein described and this Lease Agreement shall be terminated. -5- (b) In case suit shall be brought for recovery of possession of the leased premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed, and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including a reasonable solicitors' fee. 5.01 Provided that the Lessee will not remove from the Demised Premises during the ten of this Lease or any renewal thereof any chattels, fixtures or effects which are the property of the Lessee even though there is no rent in arrears, without the written consent of the Lessor. 6.01 Notwithstanding anything else herein contained, the Lessor and the Lessee shall have the option to terminate this Lease at any time, provided that the party wishing to terminate gives the other at least three (3) months prior written notice of its intention to exercise this right. On the termination date specified in such notice (the "Termination Date the Lessee shall deliver up vacant possession of the Demised Premises and this Lease will be fully and completely ended as of the Termination Date. 7.01 Upon the expiration of this Lease either by notice or by expiration of the term or for any cause, all improvements made and fixtures attached to the Demised Premises by or on behalf of the Lessee shall become the property of the Lessor, without payment of any consideration. 8.01 The Lessee agrees that the within Lease constitutes the entire understanding between the parties hereto and that there are no representations or warranties, oral or otherwise, except as contained herein. The Lessee further agrees that it has inspected the Demised Premises prior to the commencement of this Lease and that by virtue of these presents accept the said premises in the condition that the same were in as of the commencement of this Lease. 9.01 The Lessee agrees not to make any leasehold improvements or changes to the layout of the Demised Premises without first submitting the plans to the Lessor and obtaining the Lessor's written consent. 10.01 AND IT IS HEREBY DISTINCTLY UNDERSTOOD AND AGREED BY AND BETWEEN THE LESSOR AND THE LESSEE THAT: (a) The Lessee waives and renounces the benefit of any present or future statute taking away or limiting the Lessor's rights of distress and agree with the Lessor that notwithstanding any such enactment, all goods and chattels from time to time on the Demised Premises shall be subject to distress for rent. (b) In case, without the written consent of the Lessor, the said Demised Premises shall become and remain vacant or not used for a period of fifteen (15) days or be used by any other persons other than the Lessee or for any other purpose other than that for which the same are hereby demised, or in case the term hereby granted or any of the goods and chattels of the Lessee -6- shall at any time be seized or taken in execution or attachment by any creditor of the Lessee or the Lessee shall make any assignment for the benefit of creditors, or becoming bankrupt or insolvent, shall take the benefit of any act that may be in force for bankrupt or insolvent debtors, (or, if the Lessee is a corporation), anyproceedings shall be taken or orders shall be made for the winding -up of the Lessee or for the surrender or forfeiture of the charter of the Lessee, then and in every case the then current month's rent and the next ensuing three (3) month's rent shall immediately become due and payable and, at the option of the Lessor, this Lease shall cease and terminate and the said term shall immediately become forfeited and void, in which event the Lessor may re -enter in upon the said premises or anypart thereof in the name of the whole and the same to have again, repossess and enjoy as of their former state, anything herein contained to the contrary notwithstanding. 11.01 The Lessor shall not be responsible in any way for any injury to any person or for any loss of or damage to any property belonging to the Lessee, or to employees, invitees or licensees of the Lessee while such person or property is in the building located on the Demised Premises, including (without limiting the foregoing) any damages to any such property caused by steam, water, rain or snow which may leak into, issue or flow from any part of the said building or any adjacent or neighbouring lands or premises or from the water, steam or drainage pipes or plumbing works of the Demised Premises or from any other place or quarter unless such damage is caused by anything done or omitted to be done by any other tenant of the said building and unless such arise through the negligence of the Lessor, its servants, agents, invitees and licensees. The Lessee covenants to indemnify the Lessor of and from all loss, costs, claims or demands in respect of any injuries or damage referred to in this paragraph for which the Lessee is in law responsible. 12.01 If the Lessee shall fail to perform any of the covenants or obligations of the Lessee under or in respect of this Lease, the Lessor may from time to time, in its discretion, perform or cause to be performed any of such covenants or obligations, or any part thereof, and for such purpose may do such things as maybe requisite, including, without limiting the generality of the foregoing, the right to enter upon the Demised Premises or any part thereof as the Lessor may consider requisite or necessary. The Lessee covenants that all expenses incurred and expenditures made by or on behalf of the Lessee together with interest thereon at the rate of 10% per annum, shall be forthwith paid by it to the Lessor, upon receiving written demand, and failing payment, forthwith upon such demand, such amounts may be collected as rent in arrears. 13.01 IT IS HEREBY AGREED by and between the parties hereto that any notice in writing which either party may desire to give to the other with regard to any matter or thing in this Lease contained may be validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Lessor, to. The Corporation of the City of Niagara Falls Attention: Hanya Goforth, Senior Coordinator Coronation 50 Plus Recreation Centre 5725 Main Street Niagara Falls, Ontario L2G 1M7 Telephone: (905) 356 -6493 Facsimile: (905) 356 -7224 and if intended for the Lessee, to: Seniors Boutique and Craft Outlet Attention: Betty Green, President c/o Coronation 50 Plus Recreation Centre 5725 Main Street Niagara Falls, Ontario L2G 5Z3 Telephone: (905) 374 -2677 -7- and any such notice, if mailed, shall be conclusively 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. 14.01 The captions in this Lease are for convenience only and are not to be considered as part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 15.01 Words importing the singular number only shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and words importing persons shall include firms and corporations and vice versa. 16.01 Unless the context otherwise required, the word "Lessor" and the word "Lessee" whenever used herein shall be constructed to include and shall mean the successors and assigns of the Lessor and the successors and assigns of the Lessee. 17.01 Time shall be of the essence, save as otherwise provided herein. -8- IN WITNESS WHEREOF the Seniors Boutique and Craft Outlet, by its President, Vice President and Treasurer, has set its hand and seal, and The Corporation of the City of Niagara Falls has hereunto affixed its corporate seal, duly attested by the hands of its proper signing officers and the said signing officers certify that they have authority to bind the corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Per: R.T. (Ted) Salci, MAYOR Dean Iorfida, CITY CLERK SENIORS BOUTIQUE AND CRAFT OUTLET Betty Green, Pres>Gflent Jun •{2undy, Vice Presiden L-- C'`„ E Aileen O'Keefe, Treasure SCHEDULE "A" LT D W/S Portage RD PL 653 abstracted as BLK 2 Village of Niagara Falls; Pt BLK W/S Portage RD or Main ST PL 653 abstracted as BLK 11 Village of Niagara Falls; PT LT 8 W/S Portage RD, N of Lundy's Lane PL 653 abstracted as BLK 2 Village of Niagara Falls as in R0279972; Niagara Falls, in the Regional Municipality of Niagara all being PIN No. 64315- 0098(LT). V.4 i 1* 1 4 1 1 1 Passed this thirty-first day of July, 2006. First Reading: Second Reading: Third Reading: July 31, 2006 July 31, 2006 July 31, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Lease Agreement with Niagara Falls Curling Club respecting the lease of a portion of the Niagara Falls Curling Club's premises at 5801 Morrison Street in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease Agreement dated the 31St day of July, 2006 and made between Niagara Falls Curling Club as Landlord and The Corporation of the City of Niagara Falls as Tenant, respecting the lease of a portion of the Niagara Falls Curling Club's premises at 5801 Morrison Street 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 Lease Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR BETWEEN: 2. TERM 3. RENTAL THIS INDENTURE made as of the 31st day of July, 2006. 1. PREMISES NIAGARA FALLS CURLING CLUB hereinafter called "the Landlord" and THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter called "the Tenant" WHEREAS the Landlord is the owner of premises which are legally described as Part of Lot 95, Geographic Township of Stamford, County of Lincoln, in the City of Niagara Falls, Regional Municipality of Niagara, which property is municipally known as 5801 Morrison Street, Niagara Falls, Ontario (the "Landlord's Premises AND WHEREAS the Tenant wishes to lease a portion of the Landlord's Premises on the terms and conditions set out herein; WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant, to be paid, observed and performed, the Landlord has demised and leased and by these presents does demise and lease unto the Tenant That portion of the Landlord's Premises having an area of approximately 17,000 square feet as outlined in yellow on the sketch attached hereto as Schedule "A" (the "Leased Premises TO HAVE AND TO HOLD the Leased Premises for and during the term of TEN (10) years to be computed from the 1 day of May, 2006 and from thenceforth ensuing and to be fully completed and ended on the 30 day of April 2016 (the "Term YIELDING AND PAYING THEREFOR yearly and every year during the Term hereby granted, unto the Landlord, an amount to be designated as "Rent" which is equal to the sum of the annual property taxes charged by the Tenant municipality to the Landlord in relation to the whole of the Landlord's Premises during the Term (or broken year thereof) plus applicable Goods and Services Taxes "GST Such amounts shall be payable at par at Niagara Falls, in equal monthly instalments on the first of each month during the tenn of an amount which represents 1112 of the annual property taxes which are assessed or chargeable against the Landlord's Premises during the Term or any renewals hereof plus applicable GST, the first of such payments to he made on the 1 of May, 2006 For greater clarity, it is hereby understood and agreed that the Rent due by the Tenant shall be increased or decreased, as the case may be, at all times during the Term to match those amounts which are payable to the City of Niagara Falls as property taxes due for the entire Landlord's Premises. 4. GROSS LEASE Except as expressly set out to the contrary herein, it is understood that this Lease shall be a gross lease in that the above Rent shall be inclusive of all outgoings of any nature in respect of the servicing, maintenance and insurance for the Leased Premises. THE TENANT COVENANTS with the Landlord to pay Rent as aforesaid. 5. RENEWAL When not in default, the Tenant shall have the option of renewing the within lease for a further ten (10) years on the same terms and conditions as the within lease which option shall be exercisable by delivering written notice not later than two (2) months prior to the expiry of the Term hereof, SAVE AND EXCEPT that there shall be no further right of renewal. 6. TERMINATION 7. ASSIGNMENT 2 Upon termination of this Lease for any reason, and subject to the provisions of Section 8 hereof, the Tenant shall leave the Leased Premises in good repair (reasonable wear and tear and damage by fire, lightning and tempest only excepted). The Tenant covenants with the Landlord, his successors and assigns, not to assign or sub- let the whole or any part of the Leased Premises without the prior consent of the Landlord. The Tenant hereby waives and renounces the benefit of any present or future act of the Legislature of Ontario which would allow the Tenant to assign or sub -let this lease, without leave of the Landlord. 9. SERVICES AND SNOW REMOVAL 3 In the event of the sale or lease by the Landlord of the Landlord's Premises or any part thereof or the assignment by the Landlord of this Lease or any interest of the Landlord hereunder, and to the extent that such purchaser or assignee assumes the covenants and obligations of the Landlord hereunder in wnting, the Landlord shall, thereupon and without further agreement, be freed and relieved of all liability with respect to such covenants and obligations. 8. USE OF PREMISES AND IMPROVEMENTS The Tenant covenants with the Landlord, its successors and assigns, that the Leased Premises will not, during the Term, be at any time used for any other purpose than that of a confined space training facility or such other similar training purposes and related or associated activities as may be required by the City of Niagara Falls Fire Department (including related emergency services). The Landlord acknowledges that upon taking possession of the Leased Premises the Tenant will, at its own cost, construct all leasehold improvements as may be required in order to fulfill the above intentions, but will do so only after plans for the installation of such works have been submitted in writing to the Landlord. All improvements to the Leased Premises, including but not limited to perimeter fencing, shall be constructed in a good and workmanlike manner and such that the improvements will not cause a disruption or nuisance to the Landlord and its operation of business from the balance of the Landlord's Premises. Without limiting the generality of the foregoing, the Tenant hereby covenants not to make improvements which would detrimentally affect the natural or planned drainage pattern affecting the Landlord's Premises Furthermore, the Tenant hereby covenants to repair any damages that may be caused to the balance of the Landlord's Premises when making such improvements. The Tenant acknowledges that once the foregoing improvements are completed, it shall only access the Leased Premises via its adjacent premises to the West of the Landlord's Premises but not through or over the Landlord's Premises or any part thereof. Notwithstanding the foregoing, the Landlord shall permit the Tenant to park its vehicles and otherwise utilize the parking area of the Landlord's Premises for training purposes, without additional charge, during the months of April, May, June, July, August and September provided that: (a) if the Landlord is holding a function which will require use of the parking space then the Tenant shall not use the parking area during such period of time that the event is running; (b) the Tenant shall repair any damages caused to the parking facilities due to the Tenant's fault or negligence; and (c) the Tenant shall indemnify the Landlord in respect of any injuries or damages that may be suffered by the Tenant or its invitees while in use of the parking facilities. Upon the termination or natural expiry of this Lease, the Tenant shall be required, at its own cost, to immediately return the Leased Premises to its original condition as of the commencement date of the Term. The Tenant acknowledges that no utility services are supplied to the Leased Premises and the Tenant shall not require the Landlord to supply such services or connections to existing 10. DISTRESS 11. QUIET ENJOYMENT 12. TAXES AND RATES 13. RISKS OF INJURY 4 facilities unless the said supply or connections are completed solely at the cost of the Tenant and unless the consumption of such services is paid for in full by the Tenant. Due to the fact that the Leased Premises will occupy the area where snow from the Landlord's Premises has customarily be piled, the Tenant hereby covenants to, at it own cost, remove snow from the Landlord's Premises once plowed by the Landlord or by the Landlord's agents at the Landlord's sole cost and expense. Notwithstanding the foregoing, it is understood that the Tenant shall not be required to remove snow immediately after each snow plowing of the Landlord's Premises, but will remove snow from the area along the lot line separating the Landlord's Premises and the Tenant's premises to the West when reasonably required. The Tenant acknowledges that none of the goods or chattels of the Tenant at any time during the continuance of the Tenn hereby created on the Leased Premises, or during any renewal hereof, shall be exempt from levy by distress for rent in arrears by the Tenant as provided for by any section of the Commercial Tenancies Act or any such Act, and that upon any claim being made for such exemption by the Tenant or on distress being made by the Landlord, this covenant and agreement may be pleased as an estoppel against the Tenant in any action brought to test the right to the levying upon any such goods as are named exempted in the said section, the Tenant waiving as it hereby does all and every benefit that could or might have accrued to it under and by virtue of the said act but for the above acknowledgement. Provided that the Tenant is not in default or breach of the terms set out herein, the Landlord covenants with the Tenant for quiet enjoyment. The Landlord further covenants to pay all taxes and rates, municipal, parliamentary or otherwise, as may be assessed against the Leased Premises saving and excepting any business taxes and taxes upon personal property or income of the Tenant, license fees, or other taxes imposed upon the property, business or income of the Tenant. THE LANDLORD SHALL NOT BE RESPONSIBLE for any personal injury which shall be sustained by the Tenant or any employee, invitee, contractor, or other person who may be upon the Leased Premises, all such risks of any such injury being assumed by the Tenant, who shall hold the Landlord harmless and indemnified therefrom. 14. INSURANCE 15. NO ABATEMENT OF RENT 16. SUBORDINATION OF LEASE 5 THE TENANT COVENANTS with the Landlord that the conduct of its operations carried on at the Leased Premises will not be of such a nature as to increase the insurance risk on the Leased Premises or cause the Landlord to pay an increased rate of insurance premiums on the Leased Premises by reason thereof and it is distinctly understood that in case the said operations so carried on by the Tenant is, or becomes, of such a nature as to increase the insurance risk or causes the Landlord to pay an increased rate of insurance premiums, that the Tenant will from time to time pay to the Landlord the increased amount of insurance premiums which the Landlord has to pay in consequence thereof; provided that the Tenant covenants that it will not carry on or permit to be carried on any business or operations at the Leased Premises which may make void or voidable any insurance held by the Landlord. THERE SHALL BE NO ABATEMENT from or reduction of the Rent due hereunder, nor shall the Tenant be entitled to damages, losses, costs or disbursements from the Landlord during the Term for anything hereby created on, caused by or on account of any acts of God, strikes or accidents affecting the Leased Premises. This lease and all rights of the Tenant hereunder are subordinate and subject to all mortgages or deeds of trust or liens resulting from any method of financing which may now or at any time hereafter be in force against the Leased Premises, and this lease and the rights of the Tenant hereunder will be subordinate to all advances made or to be made upon the security of such mortgages, deeds of trust or liens. This lease and the rights of the Tenant hereunder will also be subject and subordinate to any renewal, modification, consolidation, replacement and extension of any such mortgage, deed of trust or lien. Upon request of the Landlord, the Tenant will subordinate this lease and all of its rights hereunder in such form or forms as the Landlord may require to any such mortgage or mortgages, trust deeds or the charge or lien resulting from any other method of financing or refinancing and to all advances made or hereafter to be made upon the security thereof, and will if requested, attorn to the holder thereof. The Tenant also agrees to execute promptly whenever requested by the Landlord or by such mortgagee an instrument of subordination and/or attornment, as may be required of it, provided that the Tenant shall receive a non disturbance or recognition agreement securing its right to occupy the Leased Premises during the Term in accordance with the provisions of this Lease as long as the Tenant is not in default hereof. 17. NOTICES Fire Services Fire Administration 5835 Morrison Street Niagara Falls, Ontario, L2E 2E8 Tel: (905) 356 -1321 Fax: (905) 356 -6236 Club Manager 5801 Morrison Street Niagara Falls, Ontario, L2E 6S8 Tel: (905) 358 -6648 Fax: (905) 358 -8884 6 ANY NOTICE WHICH EITHER OF THE PARTIES is required or permitted to give pursuant to any provision of this lease may, if intended for the Tenant, be given by a wnting mailed by registered mail addressed to the Tenant at. and if intended for the Landlord by a writing left at the premises of the Landlord at: and such notice shall be deemed to have been given at the time it was delivered or mailed, as the case may be. 18. OVERHOLDING IT IS HEREBY AGREED that should the Tenant hold over after the expiration of this lease and the Landlord thereafter accept rent for the Leased Premises, the Tenant shall hold the Leased Premises as a monthly tenant only of the Landlord but subject in all other respects to the terms and conditions of this Lease. 19. GENERAL PROVISIONS (a) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. (b) Unless the context otherwise requires, the word "Landlord" and the word "Tenant" wherever used herein shall be construed to include and shall mean the executors, administrators, successors and /or assigns of the Landlord and Tenant, respectively. (c) This Lease may not be amended or altered except by instrument in writing signed by the Landlord and Tenant. (d) Time shall be of the essence in this Agreement. 20. BURDEN AND BENEFIT This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and permitted assigns. IN WITNESS WHEREOF the parties have hereunto set their hands and seals as of the day and year first -above mentioned. SIGNED, SEALED and DELIVERED in the presence of: 7 NIAGARA FALLS CURLING CLUB Per: Name: Pe —4 arc r c Title: Pr c s ci z rA THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SKETCH OF PROPOSED LEASE AREA PART OF LOT 95 Geographic TOWNSHIP OF STAMFORD, COUNTY OF LINCOLN CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SCALE 1 inch 100 feet 100 0 100 ROY S. KIRKUP NIAGARA FALLS FIRE DEPARTMENT o n deciduous (on SCHEDULE "A PROPOSED LEASE °d AREA o N 50.0' 1 0' 200 feet CEMETARY than /ink fence 249.8' 100.0' t 8.5 apph4 /t. poiking dot 27.8' NIAGARA FALLS; CURLING CLUB s` (No. 5801) 150.0' MORRISON STREET PLOT DATE JUNE 22, 2006 KIRKUP URE SURVEYING LTD. ONTARIO LANG SURVEYORS 66 QUEEN STREET, ST. CATHA INES, ONTARIO 12R-5H1 TELEPHONE (905) 685 -5931, FAX (905) 685 -1972 E—MAIL kirkup.ureOcogeco.net CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "Dl" and Schedule "D 1" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedule "D2" in its entirety. Passed this thirty -first day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 31, 2006. July 31, 2006. July 31, 2006. SCHEDULE "D1" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Andy Atuahene Geoff Bassett Steve Bourassa Richard Budd Shirley Clair Charles Coffman Sarah Convery Nick Galotta Eli Hoffmann David McLaughlin Travis Willick Passed this thirty -first day of July, 2006. First Reading: Second Reading: Third Reading: July 31, 2006 July 31, 2006 July 31, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of an Agreement with the City of St. Catharines, the Town of Niagara -on- the -Lake and the City of Thorold, respecting the continuation of the Joint Municipal Services Board to provide for and facilitate the operation of the Niagara District Airport. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between The Corporation of the City of St. Catharines, as St. Catharines, The Corporation of the City of Niagara Falls, as Niagara Falls, The Corporation of the Town of Niagara -on- the -Lake, as Niagara -on- the -Lake and The Corporation of the City of Thorold, as Thorold, respecting the continuation of the Joint Municipal Services Board to provide for and facilitate the operation of the Niagara District Airport, 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. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR THIS AGREEMENT made in quadruplicate the day of 2006 BETWEEN. THE CORPORATION OF THE CITY OF ST. CATHARINES hereinafter called "St. Catharines" and THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter called "Niagara Falls" and CORPORATION OF THE CITY OF THOROLD hereinafter called "Thorold" of the FIRST PART of the SECOND PART, and THE CORPORATION OF THE TOWN OF NIAGARA -ON- THE -LAKE hereinafter called "Niagara -on- the -Lake" of the THIRD PART; of the FOURTH PART, WHEREAS pursuant to sections 19, 20 and 70 of the Municipal Act, S O. 2001, c. 25 as amended, the Councils of any two or more municipalities may enter into an agreement to jointly provide, for their benefit and any matter which all of them have the power to provide, i.e. a transportation system other than highways, including an airport; AND WHEREAS the parties hereto are desirous of establishing a Joint Municipal Services Board pursuant to section 202 of the Municipal Act, S.O. 2001, c.25, as amended; AND WHEREAS the Niagara District Airport Commission was established in the year 1959, and has operated the Niagara District Airport since that date under a lease with the Ministry of Transport of Canada; AND WHEREAS by agreement made on the first day of January, 1964, the existence of the Niagara District Airport Commission was continued in accordance with the terms and provisions of the said agreement and subsequently, by other agreements. -2- AND WHEREAS ownership of the Niagara District Airport was transferred by the Federal government to the Town of Niagara -on- the -Lake, Ontario on September 13, 1996, providing the Town of Niagara -on- the -Lake continues to operate the said premises as an airport; AND WHEREAS the parties hereto have deemed it advisable to continue to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada and have agreed to enter into this agreement for a term to expire on the 31st day of December, 2026; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the covenants and agreements hereinafter contained and expressed, the parties hereto covenant and agree, each with the other, as follows: 1. That there shall be continued an aerodrome hereinafter called an Airport in the Town of Niagara -on- the -Lake, in the Regional Municipality of Niagara, to be known as the Niagara District Airport, hereinafter referred to as "the Airport". The parties hereto have agreed to enter into this agreement to recognize the establishment and to continue the Joint Municipal Services Board to provide for and facilitate the operation of the Airport. 2. That the Commission known as the Niagara District Airport Commission (hereinafter referred to as "the Commission shall be and the same is hereby continued and shall be composed as follows: a) One (1) elected Council member appointed by each of the respective councils of each of the parties hereto who shall be a member of the Commission for a term of thfew years or for such lesser period as may be determined by the appointing Council, which term shall coincide with the term of municipal council. b) Seven (7) additional members at large, consisting of three from the City of St. Catharines, two from the City of Niagara Falls, one from the City of Thorold, and one from the Town -3- of Niagara -on- the -Lake. The appointment of those additional members shall be made by the respective Councils after considering the recommendation of the Commission. c) A Nominating Committee consisting of the Airport Liaison Committee, together with the respective Council representatives of the Commission shall be responsible for reviewing a list of candidates submitted by respective clerks of each municipality pursuant to a process putlined herein. The seven additional members shall be appointed for a term of f ou_r three years by Council of each municipality unless for such lesser period as may be determined by the appointing Council. The parties agree that the members shall continue to hold office until their successors are appointed. The process for determining prospective members of the Commission shall be as follows: i) Each Municipality will advertise in the local newspaper, and the City Clerk will receive applications for open positions on the Commission before the end of December ii) The City Clerk of each Municipality will forward the applications to the Nominating Committee of the Commission. The Nominating Committee will scrutinize the applications and determine a short list based on the expertise, experience, industry knowledge, business experience or background in financial, legal, accounting and /or marketing experience and overall beneficial participation on the Commission, in consultation with the respective Council representative of the Commission iii) The Nominating Committee will interviewthe applicants on the short list and present their recommendations, to the Commission for approval. iv) The Commission will forward its recommendations, together with reasons for their selection, of proposed candidates to each of the respective municipalities for their consideration in making the necessary appointments. Council shall not be required to appoint those recommended by the Commission. Appointments will be made by the appropriate Municipality. d) For the purpose of providing continuity, the Commission may recommend the term of appointment to respective Councils, when submitting a list of recommended additional members. The Commission's suggested term for the appointment of recommended members shall ensure the necessary continuity of experienced members on the v 't"O u-r Commission. Notwithstanding the thiee-year term, nothing shall prevent the reappointment -4- of an existing member of the Commission for subsequent or future terms. 3 The parties hereto agree that an Airport Liaison Committee shall be established and constituted by the Mayor, the Chief Administrative Officer of each municipal party, the Chairperson of the Commission and any other resource persons as may be required from time to time The Airport Liaison Committee hereinafter referred to as ALC, shall be an advisory committee to the Commission. Each Mayor shall have a turn at chairing the said ALC The parties hereto have agreed that the Lord Mayor of Niagara -on- the -Lake shall act as the first Chairperson to this Committee to hold the said position for a period of one year and thereafter each Mayor shall act as Chairperson on a rotation basis for a period of one year each. The ALC shall function as a resource to the Commission on an as required basis. The ALC shall be required to meet a minimum of two meetings a year. The said meetings and additional meetings shall be at the call of the Chair or other members. One of the required meetings shall deal with the strategic business planning of the Airport which shall be held prior to budget submissions. The Commission shall provide financial statements to each mayor participating in the ALC Further, the Commission shall ensure that all highlights or minutes of the Commission meetings shall be provided to the ALC. The ALC shall serve to create a liaison between the Commission and to keep their respective councils informed of Commission activities. 4 The control and management of the said Airport shall be and is hereby entrusted to the Commission. The Commission constituted in accordance with section 2 of this agreement and acting as a joint municipal services board pursuant to the Municipal Act, is hereby appointed and shall for purposes of this agreement be deemed to be appointed by all parties to this agreement. The Airport is to function as a viable commercial entity under the direction of the Commission, with its primary purpose being meeting the needs of commercial and corporate aviation within the commercial service area of Niagara Region. In this role, the Commission should provide land and facilities to attract aviation related businesses to locate at the Airport, support local area industrial growth by facilitating access by corporate aviation and encourage commercial passengers and freight air services to the extent that markets for these can be developed. In order to fulfill its mandate and subject to the budget and business plan approved by the parties hereto, the Commission shall hereby be authorized to hold all assets in trust for the parties hereto and 5 authorized to enter into agreements, leases and to acquire property as necessary for the fulfillment of its mandate. 5 The parties hereto direct and authorize the Commission to formalize agreements, as required with any of the municipal parties to provide administrative and /or technical services to the Commission to assist both the Manager and Commission in the operation of the Airport. Further, the parties agree that the Commission shall develop a supportive relationship with the municipal parties and Regional Economic Development departments. 6. The Commission shall be required to present to the respective Councils of each Municipal party, a business plan setting out anticipated improvements and operating results on a yearly basis together with its budget. Further, the parties agree that the Chairperson of the Commission shall attend a minimum of one meeting of Council of each municipal party, in a twelve month period, for the purpose of providing the respective councils with a formal administrative and operations report and to seek approvals for the required capital expenditures outlined in the business plan. 7 The Commission shall engage a manager and such other employees as may be necessary for the proper operation and maintenance of the Airport 8. The officers of the Commission shall consist of a Chairperson, a Vice Chairperson, a Secretary, a Treasurer and such other officers as the Commission may deem necessary, from time to time. 9 The Commission may appoint from its membership such committees as it may consider advisable in addition to the ALC. 10. The annual budget shall be approved by the Commission at its November meeting and copies of the said budget shall be submitted to the Clerk of the parties hereto on or before the 30th day of November, in each year, for consideration by the respective Councils of the parties. -6- If the budget is objected to by one or more of the parties hereto, it shall be referred back to the Commission for further study, review and modification. In any event, the budget will not be binding on an objecting party until approved by that party Notwithstanding the foregoing, each of the parties hereto, shall in each year during the term of this agreement, pay an amount equal to twenty-five (25 per cent of the last approved budget as approved by that party, by January 1st. A further twenty-five per cent of the last approved budget by that party, shall be paid to the Commission no later than April 1st. On July 1st and October 1st, equal payments based on the most recently approved budget, less the amounts already paid on January 1 and April 1, will be paid to the Commission by the respective parties. 11. The cost of operating, maintaining and improving the Airport shall be borne by the parties hereto on a population ratio basis. Such population to be determined by information obtained from the Municipal Property Assessment Corporation, and each party shall pay its share of the Commission's budget for the respective years covered by the agreement to the Treasurer of the Commission in quarterly installments as provided in paragraph 10 hereto. In the event that any of the parties hereto dispute the aforesaid determination of the population of any one or more of the municipalities in any year for the purpose of this agreement, or in the event that such determination of the population differs from the population figures for such year published in the Municipal Directory, the Municipal Directory shall govern and all necessary adjustments shall be made in the share to be paid by each party for such year 12. Providing that as long as the Airport is operated as an airport and that the parties hereto provide the funding as discussed herein, all four municipalities will share on a per capita basis on distribution of assets that may occur as a result of a sale of the Airport. 13. The Commission shall appoint an auditor at the first meeting of the Commission in each year and a copy of the auditor's statement shall be sent to the Clerk of each of the party municipality forthwith after it has been prepared. -7- 14 The Commission shall meet on the third Thursday of every other month at the call of the Chairperson, commencing at February's annual meeting. Other Commission meetings may be called as necessary by the Chairperson (or alternatively the Commission shall be required to meet a minimum of six times a year at the call of the Chairperson). The first annual meeting shall not be later than February 27 in each and every given year. Other Commission meetings may be called as necessary by the Chairperson or at the request of two other members. 15. The Commission shall ensure that it prepares and adopts, pursuant to the requirements of the Municipal Act, a procedural by -law, procurement policy and hiring policy. The Commission shall provide the Clerk of each municipal party with a copy of all current by -laws passed and policies adopted by the Commission and a copy of the lease between the Commission and Niagara -on- the -Lake. 16. If at any time, any of the parties hereto wish to terminate it's participation in this agreement, it shall give a minimum of twelve months written notice to the Commission and to the Clerk of each party hereto The party wishing to terminate it's participation shall be responsible for paying it's share as required by this agreement, the amount required to cover it's share of the last approved budget. The responsibility shall continue until the year end and until the next year's budget is approved. The terminating party shall by terminating it's participation, abandon all it's interests and rights in the Airport and hereby agrees to hold other parties harmless of any obligations thereto. 17. In the event other municipalities are interested in joining the Commission, the parties hereto agree to undertake the necessary negotiations to pursue the eventual amendment to this agreement. 18. This agreement shall supercede any previous agreement and unless renewed or terminated by the parties hereto, the said agreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2026. -8- IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective corporate seals under the hands of their proper signing officers duly authorized in that behalf SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE CITY OF in the presence of: ST. CATHARINES Mayor Clerk THE CORPORATION OF THE CITY OF NIAGARA FALLS Mayor Clerk THOROLD THE CORPORATION OF THE TOWN OF NIAGARA -ON- THE -LAKE Lord Mayor Clerk CORPORATION OF THE CITY OF Mayor Clerk A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 66 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. Passed this thirty first day of July, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 31, 2006 July 31, 2006 July 31, 2006 CITY OF NIAGARA FALLS By -law No. 2006 3. This by -law shall come into force and take effect on the day of final passing thereof. PART 2 BODY OF THE AMENDMENT All of this part of the document entitled Part 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 66 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE Area #1 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Residential and Deferred Rural/Agricultural to Open Space on Schedule "A" of the Official Plan. Area #2 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Deferred Rural /Agricultural to Estate Residential on Schedule "A" of the Official Plan. Area #3 shown on the map attached hereto entitled "Map 1 to Amendment No. 66" shall be redesignated from Deferred Rural/Agriculture to Good General Agricultural on Schedule "A" of the Official Plan. Area #4 shown on "Map 1 to Official Plan Amendment No. 66" shall be identified as SPECIAL POLICY AREA "8" on Schedule "A" of the Official Plan. 2. TEXT CHANGE (i) PART 2, SECTION 8 RURAL/AGRICULTURAL, is hereby deleted in its entirety and replaced with the following: SECTION 8 ESTATE RESIDENTIAL POLICIES PREAMBLE The policies of this section govern the lands designated Estate Residential on Schedule "A The intent of these policies is to provide large lot development on private services that is planned and to control and guide limited residential development that is rural in character and is compatible with the surrounding natural features and open space in terms of lot area, density, setbacks, road patterns and servicing. Policies 8.1 The objective is to permit Estate Residential development within the area designated on Schedule "A and in a form that is not a typical small -lot, urban development. 8.2 Estate residential development shall take place through site specific amendment to the Zoning By -law and by plan of subdivision. Development is encouraged to be planned on as large and comprehensive basis as possible having regard to adjacent properties in order to protect natural areas and to provide for properly designed storm water management facilities and internal road systems. 8.3 Developers shall make every effort to consolidate all available lands into a plan of subdivision. In rare situations, there may occur parcels of land that fall outside of lands that are within a plan of subdivision. Such lands that cannot be incorporated into a plan of subdivision may be severed through individual consents provided the lots that are to be created are compatible with the natural environment and surrounding uses and comply with the policies of subsection 8.5. 8.4 Single detached dwellings and accessory buildings that are customarily associated with single detached dwellings only are permitted within the Estate Residential designation. 8.5 In order to preserve the rural character of the area and the natural environment, subdivisions shall be designed to be consistent with the following: 8.5.1 The minimum area for individual lots shall be 1.0 hectare. Subdivisions should contain a range in lot sizes, with larger lots utilized to protect woodlots, creeks and other natural areas and to provide a varied streetscape. The minimum lot frontage shall be 100 metres. 8.5.2 Subdivisions shall be developed with internal road systems so as to avoid strip development along rural roads. Generally, reverse lot frontage shall not be permitted, or where buildings are to be located along existing, non internal roads they shall have generous setbacks and integrate with the landscape. 8.5.3 Development shall be designed to preserve and enhance wetlands, wood lots, drainage courses and floodplains. In this regard, development and site alteration may be permitted on lands adjacent to Environmental Protection Areas and other lands of significant natural heritage where it can be demonstrated that any adverse impact of such development can be avoided or satisfactorily mitigated. Complete planning applications shall include an Environmental Impact Study (EIS) prepared by a qualified person. 8.5.4 Subdivisions shall be designed and constructed to ensure the long term health and protection of the natural environment and shall provide the required Minimum Distance Separation (MDS) with respect to agricultural operations within the adjacent Good General Agricultural area. Moreover, lot sizes should be increased at the periphery of the Estate Residential area, and dwellings sited, such that farming operations within the Good General Agriculture area may establish, continue or expand. Hedgerows should be used instead of fencing to delineate property boundaries, where possible, to provide natural space linkages and wildlife corridors. Placement of buildings and driveways shall be regulated so as not to adversely impact natural buffers. Conservation easements may be used as a means to secure long term protection of natural features. 8.6 The extension ofmunicipal water or sewage services to the Estate Residential area is neither appropriate nor contemplated by this Plan. Only development that is sustainable on private services over the long term shall be considered. 8.6.1 Individual on -site sewage services and individual on -site water services shall require approval from the Regional Public Health Services Department. As part of an application for a plan of subdivision a report shall be provided, to the satisfaction of the Regional Public Health Services Department, prepared by a qualified person, that demonstrates: (a) the adequacy and safety of individual on -site water services; (b) the long -term sustainability of individual on -site sewage services; and (c) the protection of human health and the natural environment. 8.6.2 Application for estate residential development shall be accompanied by: (a) a storm water drainage plan that illustrates the management of surface water runoff; or (b) a Master Grade Control Plan, designed to the satisfaction of the Director of Municipal Works, for any application for a plan of subdivision; and (c) a stormwater management plan that may be required as part of an application for subdivision by the Director of Municipal Works. 8.6.3 The design of storm water management features shall serve to protect the natural environment and not negatively impact any individual on- site sewage services or individual on -site water services or adjacent lands. 8.7 Traffic impact studies maybe required as part of any planning application in order to access any impacts on the surrounding road network. 8.8 Home occupations, including bed and breakfast facilities, shall be permitted by site specific Zoning By -law amendment as ancillary uses to a residence where it can be demonstrated that they are compatible with and retain the rural character of the Estate Residential area. To ensure compatibility the ancillary uses shall remain designated and zoned Estate Residential and be in compliance with other policies of this Official Plan. The ancillary uses shall not have associated outside storage of materials or hinder the surrounding residential uses in terms of noxious odours, noise or traffic and shall provide adequate on -site parking as outlined in the City's Zoning By -law. The severance of an ancillary use is not permitted. In addition to the above: (a) A home occupation or a bed and breakfast facility shall be carried on within the residence and remain ancillary to the residential use of the property. (b) Bed and breakfast facilities shall be operated by a permanent resident of the dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a zoning by -law amendment as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading. ii) PART 2, SECTION 14 SPECIAL POLICY AREAS, Special Policy Area "8" is hereby deleted in its entirety and replaced with the following text: 14.8 SPECIAL POLICY AREA "8" Special Policy Area 8 applies to the lands south of the Urban Area Boundary to Ussher's Creek and east of the QEW and to the lands surrounding the Sodom Road/QEW interchange. These lands are to be studied as part of Regional Niagara's Growth Management Study to determine if they are appropriate in the long range for urban development. Notwithstanding, the lands at the Sodom Road/QEW interchange, in the vicinity of the existing airstrip, will continue to be considered for the manufacturing of components as well as technological and research facilities related to the aerospace industry. Additional uses related to and complementary to aerospace industries shall be permitted as ancillary uses. Development shall be subject to an Official Plan amendment phased through amendments to the Zoning By -law and commensurate with approval of appropriate sewage disposal systems and potable water supplies. iii) PART 4, SECTION 8.3 CONSENT POLICIES FOR RURAL /AGRICULTURAL AREAS is hereby deleted in its entirety. Area Affected by this Amendment The proposed designations replace the "Rural /Agricultural" and "Residential" designation of the current Official Plan only and do not affect any other designations such as "Environmental Protection Area or "Open Space" or Special Policy Areas. ❖A•A.1 r n ♦•A.1 O 1 c C7 A,ys�i�►.A.1 7: 1SOSSERT'RD i r .A�A�_.� 4 h..Jti .�i �i '4 •n•• 4 -N 1 O �y itAg .vi i 'i 'i if ir* 4'' i i i i i� i i i0•�i i' z... 4, i�i 4 t 2 A Oi iii 4, I ii ef; 7 i el .�00O ►''s�! •fie i e rr •i i! A A A .�A�� ii ►A1 4 A 1 t a a 5A UER %RD' ��A�1 t,, H ♦Z i WAN i L i 1•41 a: i •i i �i� i� i�•••� t� 1` 4 o �i•••••.•.: t. i �i� 4 ��••.9�,*••�4. P 44 a 4. ...Ned. ♦.••i i0• P••• 4 i, •O� i i�i•�. 4.4,• 0 ::::4;t:; O� ��i��•Ai��� B AKER R D '4.., ._i_•_ i ar... a a �A���•�•�•.•.. �1 l �a�.,� 1 ty S• 1 ±4 4 I I r O• A• �T. •i i�i�i�i i i i i i �1.= Q .•i�i�i i A i- .Ah± M.A. A .11, S�•�.� sr.. �l .A I A ∎.�.�.5 ,AAA K:WIS_Requeats\2006 Schedules WP Amendmenro \66_and_67.n ap MAP 1 TO AMENDMENT NO. 66 SCHEDULE A TO THE OFFICIAL PLAN Proposed Changes. Area 1 Residential and Rural/Agricultural to Open Space Area 2 Rural/Agricultural to Estate Residential Area 3 Rural/Agricultural to Good General Agricultural Area 4 ADD SPECIAL POLICY AREA #8 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN Official Plan OK ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA OPEN SPACE PARKWAY RESIDENTIAL RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 66 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. 1:NTS AM- 12/2006 June 2006 CITY OF NIAGARA FALLS By -law No. 2006- A by -law to designate the property known as the Cummington Square, Plan 251, Village of Chippawa, except Part 6 on 59R -3037, now City of Niagara Falls, to be of cultural heritage value. WHEREAS the Ontario Heritage Act, R.S.O. 1990, Chap. 0.18, section 29 authorizes the Council of a municipality to enact by -laws to designate property 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 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 July 30, 2005; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS an appeal was lodged against the designation; AND WHEREAS the appeal was subsequently withdrawn and the hearing dispensed with by the Conservation Review Board, 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 Cummington Square, 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 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 thirty-first day of July, 2006. DEAN IORFIDA, CITY CLERK R. T.(TED) SALCI, MAYOR First Reading Second Reading Third Reading July 31, 2006 July 31, 2006 July 31, 2006 SCHEDULE "A" to By -law No. 2006- Cummington Square, Plan 251, Village of Chippawa, except Part 6 on 59R -3037, City of Niagara Falls. SCHEDULE "B" to By -law No. 2006- REASONS FOR DESIGNATION Statement of Cultural Heritage Value Cummington Square is a public park which has been used continuously as a place of commemorative and social activities by the residents of Chippawa, and surrounding area, from the time it was set aside in the original village plan by Chippawa's founding father, Thomas Cummings and his family. Historical Attributes Cummington Square is part of the original Crown patent of 200 acres granted in 1784 to Thomas Cummings. Thomas Cummings was a founding father of Chippawa and a leading citizen. Thomas Cummings and his son, James, were prominent merchants contributing to the early economic development of Chippawa. Cummings and his descendants dedicated the lands to the municipality as a village square and site for a Town Hall. A Town Hall was never built on the site. The Square is flanked on all four sides by streets. Centrally located in the Chippawa business district, it served as the hub of activity surrounded on three sides by commercial buildings. Many of these same 19 and early 20 century buildings still face the Square. Cummington Square is a public park which has continuously served as the centre for community activities. Citizens have gathered here, year after year, to enjoy music played in the bandstand, attend a memorial event or to participate in one of the many public functions. The Square has been used to honour those who fought in the World War I, World War II and the Korean War. The Square is an urban park providing a passive open space accessible to the general public. The Square holds significant cultural value because of its association with an early settler and business operator, its connection to early commercial life, its importance as a public place for civic activities and its presence as a park used to recognize the contributions of the community's residents. Physical Attributes Cummington Square is a public park dedicated for the use of all citizens. The shape of Cummington Square is that of a rectangle having had a portion of the Square taken in 1958 to create parking spaces along the east side. The Square is delineated by streets on all four sides. The Square is a level plot of ground covered with grass and crossed by concrete pathways. The light poles and heads are modern; photographs of the original fixtures are available. The bandstand occupies the location and footprint of the first bandstand erected in the 1920's. The current structure is much altered from the original appearance, such that it is difficult to identify any significant architectural features. It is the location, shape, size, general form and long history as a place for music which are of importance. The cenotaph/war memorial, including the fence and flag pole, are important elements physically and socially. These elements were altered during an upgrading of the square in the late 1990's. They are maintained by the City in consultation with the Royal Canadian Legion Chippawa Branch 396, as is a commemorative plaque located on the base of the bandstand. A Parks Canada heritage plaque is located in the Square which outlines the history of the Chippawa. The plantings, furniture and fixtures are part of a masterplan prepared by the Parks, Recreation and Culture Division. Maintenance, repair and general management customary to the upkeep of the grounds, bandstand, structures and its systems shall continue as a matter of course. THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs At Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Silverstar Court and St. Michael Avenue Eastbound on Silverstar Court Upper Canada Drive at St. Michael Avenue Westbound on Upper Canada Drive Upper Canada Drive at Parkside Drive Eastbound on Upper Canada Drive Shannon Avenue at St. Michael Avenue Courtney Crescent at Shannon Avenue Westport Drive at St. Michael Avenue Courtney Crescent at Westport Drive Walker Court at Pinestone Road (2) COLUMN 1 COLUMN 2 HIGHWAY SIDE Walker Court Walker Court Joseph Court Joseph Court North South East/South North First Reading: July 31, 2006 Second Reading: July 31, 2006 Third Reading: July 31, 2006 COLUMN 3 BETWEEN Westbound on Shannon Avenue Westbound on Courtney Crescent Westbound on Westport Drive Northbound on Courtney Crescent Northbound on Walker Court by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED A point 85 metres east of Pinestone Road and the northeasterly limit of Walker Court A point 102 metres east of Pinestone Road and the northeasterly limit of Walker Court McGarry Drive to the northeast limit of Joseph Court A point 182 metres northeast of McGarry Drive and the northeast limit of Joseph Court This By -law shall come into force when the appropriate signs are installed. Passed this 31S day of July, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR COLUMN 4 TIMES OR DAYS At all times At all times At all times At all times CITY OF NIAGARA FALLS By -law No. 2006 A by law to amend By law No. 2003 035, being a by law to set fees for lottery licensing. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2003 -035 is amended by deleting Schedule "A" and Schedule "A "attached hereto shall be inserted in lieu thereof. 2. The fees for bingo shall be retroactive as of June 1, 2006. Passed this thirty -first day of July, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 31, 2006. July 31, 2006. July 31, 2006. Raffle Break Open Tickets Bazaar Bazaar- Games of Chance (maximum of 3 wheels) Bingo Carnival Bingo Series of Penny Bingos Media Bingo Schedule "A" Prizes up to $500.00 $500.00 $50,000.00 Maximum 50 units per licence Prizes up to $5,500.00 Free 3% of the retail value of the prize 3% of the value of the prize Free Prizes up to $5500.00 per event 3% of the actual prizes paid Prizes up to $3000.00 per day $15.00 per day (Maximum 4 days) Free Municipal Letters of Approval $25.00 $10.00 per day 3% of the actual prizes paid Passed this 31st day of July, 2006 First Reading: July 31, 2006 Second Reading: July 31, 2006 Third Reading: July 31, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend by -law 2006 -90 being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2006. WHEREAS the City of Niagara Falls has passed By -law No. 2006 -90 to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2006; AND WHEREAS Ontario Regulation 233/06 made on May 25, 2006 under the Education Act amending 0 .Reg. 400/98 set Tax Rates for Education Purposes for 2006 for property in the industrial property class; AND WHEREAS it is necessary to amend By -law 2006 -90 to amend the Industrial Property Class Education Tax Rates for 2006 to match the rates approved in O.Reg. 233/06. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. Section 2, sub section (a) (ii) is deleted and replaced with the following: (ii) for public and separate school board purposes the sum of $42,841,409.00; 2. Schedule A referred to in section 3 and section 8 is deleted and replaced with the attached Schedule A. 3. That in all other aspects the said By -law 2006 -90 shall remain in full force and effect. 4. That this by -law shall come into force and take effect on the date upon which it is passed. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR Assessment General Rates Urban Urban Service Area Total Waste Service Area Property Class Code City Mgmt. Region Schools Total Residential /Farm RT 0.428723% 0.068236% 0.675309% 0.264000% 1.436268% 0.068584% 1.504852% Multi- residential MT 0.883169% 0.140563% 1.391136% 0.264000% 2.678868% 0.141282% 2.820150% New Multi- residential 0.428723% 0.068236% 0.675309% 0.264000% 1.436268% 0.068584% 1.504852% Commercial Occupied CT /ST /DT 0.753952% 0.120000% 1 187600% 1.592891% 3.654443% 0.120611% 3.775054% Vacant Unit CU /SU /DU 0.527766% 0.084000% 0.831319% 1 115024% 2.558109% 0.084428% 2.642537% Vacant Land CX 0.527766% 0.084000% 0.831319% 1 115024% 2.558109% 0.084428% 2.642537% Industrial H M X Occupied 1 182175% 0.191061% 1.849538% 2.634429% 5.857203% 0 189782% 6.046985% Vacant Unit 0.768414% 0.124189% 1.202201% 1 712379% 3.807183% 0.123358% 3.930541% Vacant Land 0.768414% 0.124189% 1.202201% 1 712379% 3.807183% 0.123358% 3.930541% Large Industrial Occupied LT 1 182175% 0.191061% 1.849538% 2.634429% 5.857203% 0.189782% 6.046985% Vacant LU 0.768414% 0.124189% 1.202201% 1 712379% 3.807183% 0.123358% 3.930541% Pipelines PT 0.700276% 0.111455% 1 103051% 1.532030 3.446812% 0 112024% 3.558836% Farmlands FT 0.107181% 0.017059% 0.168828% 0.066000% 0.359068% 0.017146% 0.376214% Managed Forests TT 0.107181% 0.017059% 0.168828% 0.066000% 0.359068% 0.017146% 0.376214% Farmland Awaiting 0.321542% 0.051177% 0.506482% 0.198000% 1.077201% 0.051438% 1.128639% Development 1 Farmland Awaiting 0.428723% 0.068236% 0.675309% 0.264000% 1.436268% 0.068584% 1.504852% Development II -2- CITY OF NIAGARA FALLS 2006 Tax Rates Schedule "A" Passed this thirty -first day of July, 2006. First Reading: Second Reading: Third Reading: July 31, 2006. July 31, 2006. July 31, 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 31St day of July, 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 31St day of July, 2006 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR Community Services Council By law Miscellaneous /Information ADDITIONS TO COUNCIL, MONDAY, JULY 31, 2006 1. Additional Report MW- 2006 -92 Tymco Sweeper Purchase 1. Correspondence from Wayne Bonnie Thomson in support of AM- 22/2006 3868 Bridgewwater Street, Reconstruction of a Dwelling. 2. Correspondence from Jeffrey Wilker, of Thomson Rogers, solicitors for Cytec Canada. Re: Grand Niagara Resort Corp., AM- 19/2006 and AM- 38/2004. 3. Additional Report: IS- 2006 -01 Regional Data Licence and Reciprocation Agreement Communications 1. Correspondence from Brian Wilkie, re: Niagara Falls Hydro Inc. Affiliate Relationship Code Compliance. RECOMMENDATION: For the Consideration of Council 2. Correspondence from Kathy Powell, Museum Manager, re: Provincial Community Museums Operating Grant Programme. RECOMMENDATION: For the Consideration of Council 1. Additional By -law 2006 -147 A by -law to authorize the execution of a Data License Reciprocation Agreement with The Regional Municipality of Niagara, respecting the licencing, sublicencing, exchange and /or reciprocation of certain spatial data and mapping. 1. Invite for August 26, 2006, celebrating the new playground at Empire Park. The City of Niagara Falls Canada Alderman Selina Volpatti and Members of the Community Services Committee City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department Municipal Works 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: munwks @niagarafalls.ca July 31, 2006 Re: MW- 2006 -92 Tymco Sweeper Purchase Ed Dujlovic, P. Eng. Director MW-2006-92 It is recommended that the purchase of a Tymco DST -6 Regenerative Sweeper with Dustless Filtration System be awarded to Equipment Specialists at a cost of $216,875.00. The Tymco DST -6 Sweeper has been proven to be the most efficient sweeper on the market. With the patented air filter box this sweeper has the lowest amount of PM's released into the air while sweeping. This is a very important factor as recent studies done by Environment Canada show hazardous material from the dust of sweepings. The DST -6 is also low maintenance and user friendly. It should be noted that the City's of Hamilton and Toronto have just recently completed extensive research of sweepers because of environmental issues. They are each purchasing 8 and 14 Tymco Sweepers respectively. The City of Niagara Falls has had excellent success with our current Tymco DST -6 Sweeper over the last 4 -1/2 years. Staff agrees that another Tymco DST -6 is required for our ever growing City. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Laws MW-2006-92 Monies for the purchase of this sweeper are included in the 2006 New Equipment Budget. Council's approval of the recommendation in this report would be appreciated. ared by: orocco, Operations Superintendent Recommended by: Ed Dujlovic, P.Eng., Director of Municipal Works 2 Respectfully Submitted: John MacDonald, Chief Administrative Officer C:\Documents and Settings\Administrator\Local Settings \Temp\MW 2006 -92 Tymco Sweeper.wpd July 31, 2006 V U I L V L v v v I v∎ L i nivi Wd j'9.6 9002/8Z/L Oki we ASSOCIATES Dear Sir; {-MU/ 1 V V 1 1 1 1 V 1 1 1 1 V I I L V L 1 L 1 1 V THOMSON Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, Ontario 1,2E 6X5 Attention: Kevin Sullivan Re: Zoning Bylaw Amendment AM- 22/2006 CONSULTING EXPEDITING IMMIGRATION I would like this correspondence to be received in support of the above captioned by law amendment AM- 22/2006. As the owner of 3896 Bridgewater we are interested in maintaining and improving the residential atmosphere adjacent to the Welland River. The addition of a new residential home to replace the existing dwelling damage by fire will certainly enhance the residential aesthetics of the area. It is unfortunate that the planning act requires an individual affected by a personal tragedy to be subjected to a zoning process. Therefore we wish to express our support for the zoning amendment for Mr. Ken Sullivan to construct his new house at 3868 Bridgewater Street. Respectfully, .eBonie and Wayne Thompson RECEIVED JUL 2 8 2006 PLANNING DEVELOPMENT 6305 Stonefield Park, Niagara Falls, ON, L23 4K1 Cell: 905 380 -2439 Email: wthomsonlOcogeco.ca ODeratinn un-lar S$U 1 11 n.,4- 1 4,a Thorns Rogers SENT BY FAX July 25, 2006 Dear Mr. Bryce: Celebrating Leadership in Litigation for 70 years! Mr. Andrew Bryce City of Niagara Falls Planning Department P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Jeffrey J. Wilker 416 -868 -3118 jwilker@thomsonrogers.com Cytec Canada Inc. re Grand Niagara Reso# Corporation Development City Planning Files: AM- 19/2006 and AM-U/2004 Our File No. 040874 We are the solicitors for Cytec Canada Inc. "Cytec Cytec owns approximately 1,000 acres of larld north of Chippawa Creek Road and west of Garner Road "the Cytec lands The Cytec lands are designated Industrial under the City's Official Plan and are zoned for heavy industrial purposes. The Cytec lands have been used for heavy industrial purposes since World War II and are currently occupied by a chemical manufacturing plant, which manufactures phosphine. In the original approvals for the Grand Niagara Development, the Ontario Municipal Board by approving OPA No. 37 as amended, and Zoning By -law 2001 -157 as amended, affirmed the following principles, which were supported by the City's Planning Department: a) a separation distance or buffer of 1.09 km between the Cytec lands and the resort development block; b) incorporation of a passive recreational use being a golf course to be located within the buffer area to provide for an appropriate transition of land uses; c) ensured that hotel, conference facilities, and other overnight accommodation or places of assembly uses were located in ithe resort development block beyond the separation distance; d) incorporated the separation distance into the zoning by -law; and e) included notice requirements on any future development to be given to Cytec. 300'd V8T8 898 9TV RECEIVED JUL 2 5 2006 L.H. Mandel, Q.C. RT Beaman D.H. Dixon D.R. Neill P.D. Schmidt LC. Brown AA Farms S.E. Ramsden S.J. D'Agostino R.C. Halpern D.A. Payne LH. Kunka D.R. Tenaen J.J. Wilker D.F MacDonald W.M. Moore Johns S.H. Mandel D.R Merkur RI{ Brent M.L. Bennett F.B. Chaudhty A. Mladenovic AHA Burton KG, Hare G. Karahotzftis A.M. Kirsh M.P Schmitt KE. Howie, Q.C. Counsel Thomson, Rogers Barristers and Solicitors www.thoneaogrogers.com Suite 3100. 390 Bay Stree4 Toronto. Ontario M5H1 W2 Fax: 416 868-3434 Teel: DEVELOPMENT f MHI sHaeo2i NOSWOH,L 99:91 9003- 93 -9flf Thomson Rogers Celebrating Leadership in Litigation for 70 years! 800'd V8ti8 898 9T. 1 -2- Cytec acknowledges and thanks the City foi providing it with notice of the proposed Official Plan Amendment and Zoning By -law Amendment being sought by Grand Niagara. We understand that the planning approvals being sought by Grand Niagara do not seek to introduce any residential, hotel, overnight accommodation, places of assembly or conference facilities into the 1.09 kilometre Oeparation distance. Instead any such uses will be contained in resort development blocl located beyond that separation distance. If this understanding is incorrect, please advise immediately, and prior to the public meeting. The height restriction of 3 storeys for the resort development block is contained in Zoning By -law 2001 -157. This height restriction is an important component that is a companion to the agreement on the 1.09 km separation distance. We are not aware that any of the new approvals being sought seek a higher height regulation. If we are incorrect in this assumption, please advise immediately, and prior to the public meeting. Based on the foregoing understanding and assumption, while Cytec would prefer to have additional residential, hotel, overnight accommodation, places of assembly or conference facilities located further away from its lan4s, Cytec is prepare to abide by the prior decision of the Ontario Municipal Board with respect to the distance separator, together with the existing height restriction of 3 storeys for the resort development block and therefore is not objecting to the proposed additional planning approvals, subject to the following: a) The drafting of the Official Plan Amendment and the Zoning By -law for the new approvals must ensure that the provisions contained in Official Plan Amendment No. 37 and Zoning By -law 2001 -157, dealing with the planning principles previously set out in this letter, are appropriately maintained and/or incorporated into the new Official Plan Amendment and Zoning By -law. We request the opportunity to review the draft documents so that Cytec can ensure that this aspect is satisfied. M117 SHHOO2i NOSWOHI 99:9T 9002- 93 -1ff X00 d 'I`ds Celebrating Leadership in Litigation for 70 years! We trust the foregoing is satisfactory. Yours very truly, Jeffrey J. Wilker JJW /pf cc: Doug Darbyson, Director of Planning cc: Dean Iorfida, Clerk cc: Ken Milo, Cytec Canada Inc. cc: Carl Brawley, Planning Consultant fos Grand Niagara VOO'd T'8T8 898 9Tt MFf'I SHEOOH NOSWOHI 99 :9I 9002- 93-inr Niagara Falls r The City of Canada i His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members RECOMMENDATION: Corporate Services Department IS- 2006 -01 Information Systems Lynn Molloy 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) 374 -2880 E -mail: Imolloy @city niagarafalls.on.ca Re: IS- 2006 -01 Regional Data Licence and Reciprocation Agreement It is recommended that the City of Niagara Falls enter into a Reciprocation Agreement with the Regional Municipality of Niagara for spatial data and mapping; and That the Mayor and Clerk be authorized to sign the agreement. BACKGROUND: July 31, 2006 The Information Systems divisions of, "The Corporation of the City of Niagara Falls and "The Regional Municipality ofNiagara wish to licence, sub licence, exchange and /or reciprocate certain spatial data and mapping, which both parties consider as assets of considerable corporate value This agreement forms part of a cooperative effort between the Region and it's associated municipalities, to synthesize various data sets into digital layers that represent what is on the earths surface. Common data layers to be shared will include Single Line Road Network, Civic Address Data, Property Information, Aerial Photography and other commonly used spatial data sets. The purpose of this legal agreement is to establish a method by which the City of Niagara Falls and Regional Municipality ofNiagara can reduce duplication of efforts and facilitate a continuous spatial data improvement program. These cooperatively developed data sets, and their derivative mapping will come to form the spatial databases required for effective data management and decision making by staff within both corporations. This agreement ensures that the partners maintain original ownership oftheir own data and establishes the parameters by which normal business use of each others data may be allowed. It also commits the partners to working cooperatively to refine and update the data involved. Council's concurrence of the recommendation and agreement to authorize the Mayor and Clerk to sign the agreement would be appreciated. July 31, 2006 Prepared by et Kuipers Manager of GIS Services Recommended by nn Molloy rector of Information Systems Approved by f Tony venda Executive Director of Corporate Services 2 IS- 2006 -01 Respectfully submitted. Chief Administrative Officer Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development July 26, 2006 His Worship Mayor Ted Salci and Members of the Council of the Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor and Members of Council: Re: Niagara Falls Hydro Inc. Affiliate Relationship Code Compliance Niagara Falls Hydro Inc. "Niagara Falls Hydro is the corporation licensed by the Ontario Energy Board "O.E.B. as the electricity distributor "L.D.C. in the City of Niagara Falls and is our core business entity. Several years ago, as a result of restructuring to create a services corporation, two affiliated corporations were created Niagara Falls Hydro Services Inc. and Niagara Falls Hydro Holding Corporation. Niagara Falls Hydro and its two affiliates have had the same Board of Directors structure comprised of nine members including four members of Council, four citizen representatives and the writer. The O.E.B. has now promulgated an Affiliate Relationship Code (A.R.C.) that requires all L.D.C.'s including Niagara Falls Hydro to have at least one third of the members of its Board of Directors that are independent from any affiliate including the Municipality. In order to properly comply with this requirement, we have sought and received advice from our corporate solicitors at Broderick Partners LLP (Ed Lustig and John Hopkins) Our compliance is to reduce the Board Directors of Niagara Falls Holding Corporation to five members consisting of the four Councillors and one private citizen and to reduce the Board of Niagara Falls Hydro Services Inc. to one member being the writer. The effect of these changes can be seen in the two "family trees" attached hereto and according to our solicitors will bring us into compliance. At its meeting July 25, 2006, the suggested changes to achieve A.R.C. compliance were approved by our Board. This is a technical or housekeeping type of change, however, Council's concurrence is being sought. No further action is required to be taken by City Council at this time. Yours truly, Brian Wilkie, CGA President BW /cs Enc. (2) NIAGARA FALLS HYDRO 7447 Pin Oak Drive, PO Box 120, Niagara Falls, Ontario L2E 6S9 Telephone (905) 356 -2681 Fax (905) 356 -0118 E Mail info @niagarafallshydro on ca Web www niagarafallshydro on ca EXISTING STRUCTURE FOR THE NIAGARA FALLS HYDRO FAMILY OF COMPANIES CITY OF NIAGARA FALLS (Affiliate) Niagara Falls Hydro Holding Corporation (Affiliate) Niagara Falls Hydro Inc. (LDC) same 9 member board as the Holding Company 9 directors comprised of: 4 councillors 4 private citizens Brian Wilkie Niagara Falls Hydro Services Inc. (Affiliate) same 9 member board as the Holding Company PROPOSED CHANGES TO ACHIEVE OEB LICENCE COMPLIANCE Niagara Falls Hydro Inc. (LDC) 9 directors comprised of: 4 councillors 4 private citizens Brian Wilkie (same as before) CITY OF NIAGARA FALLS (Affiliate) Niagara Falls Hydro Holding Corporation (Affiliate) 5 directors comprised of: 4 councillors and 1 private citizen Niagara Falls Hydro Services Inc. (Affiliate) Brian Wilkie is sole director From: Kathy Powell To: Campbell, Wayne, Diodati, Jim; loannoni, Carolynn, Kerrio, Vince; Morocco, Joyce; Pietrangelo, Victor; Salci, Ted, Volpatti, Selina, Wing, Janice Date: 7/26/2006 3:4654 PM Subject: Provincial Community Museums Operating Grant Programme July 26th, 2006. Mayor Ted Salci and Members of Niagara Falls City Council, The Provincial funding for community museums through the Community Museums Operating Grant (CMOG) Programme provides operating funding for community museums throughout the province. The City of Niagara Falls Museums receive funding through this programme of roughly $17,277 yearly. This funding provides support for the operation of the Lundy's Lane Historical Museum and the Willoughby Historical Museum. Based on the funding formula in the Provincial Regulation 877 of the Ontario Heritage Act, for the CMOG grant programme, the Niagara Falls Museums are eligible for funding of up to 12% of eligible expenses which would come to roughly $36,338. The Ontario Museum Association (OMA) has launched an advocacy campaign to seek increased funding for museums across the province. As you are likely aware, the Community Museum Operating Grant programe (CMOG) has been capped at $2.6 million a 1980's level for most of the last two decades and new museums have difficulty gaining admittance to the programme It is time for Ontario's museums to request that the provincial government increase this insufficient level of funding for the museum sector. It would show great support for our Province's Heritage as well as our City's Community Museums, if Niagara Falls City Council would be willing to assist this advocacy campaign by sending a letter of support to the Ontario Minister of Culture The Honourable Caroline DiCocco supporting an increase in funding to the Community Museums Operating Grant Programme. would be happy provide additional information, if needed, as well as appear at City Council to speak on the matter, if required The City of Niagara Falls Board of Museums sent a similar letter, dated June 30th, 2006, to the Minister as an attachment to their Grant Application this year, a copy of which is attached here I have also attached here a document from the Region of Waterloo Council Meeting of July 12th, 2006, regarding the same issue and a Zink to an article which ran in the Cambridge newspaper shortly afterwards The newspaper article can be found at the following link: http. /www.cambridgetimes.ca /cam /news /news 616706.html The City of Niagara Falls Museums appreciate City Council's support in all heritage matters and look forward to keeping City Council updated as this advocacy campaign moves forward. Thank you very much for your time. Sincerely, Gord West Chairperson, City of Niagara Falls Board of Museums Background and key messages: Museums provide unique and valuable services to Ontario's communities by collecting and caring for millions of objects that bear witness to our development and accomplishments, museums conduct research into our history, and transmit our heritage through education programs aimed at residents and visitors alike. Museums have a fundamental role to play as educational infrastructure in a 21st century learning society, where the strength of our economy depends on each individual's ability to think critically, learn new skills and adapt to a rapidly- changing culture and economy. Museums, heritage and cultural organizations foster creativity and innovation in our society and help to attract talented people to our communities Museums and heritage attractions contribute to safe and comfortable neighbourhoods and foster local identity and pride. Museums contribute to the quality of life in Ontario through educational programs for children and adults, by enhancing community identity and pride, by helping to renew small towns and urban neighbourhoods, and by assisting in youth development. Ontario museums and heritage attractions contributed $355 million dollars to the province's Gross Domestic Product (GDP) in 2001 and generated 11,700 jobs. Ontario museums have over 8,000 paid employees and over 16,000 volunteers. Ontario museums and heritage attractions are more popular than ever, with total attendance of almost 19 million people each year, a 12% increase over the past 10 years. Ontario museums and heritage attractions spend over $562 million per year in operating and capital expenses. CC: lorfida, Dean, MacDonald, John, Morrissey, Denyse, West, Gordon The Honourable Caroline Di Cocco Minister of Culture 900 Bay Street 5 Floor, Mowat Toronto, Ontario M7A 1L2 June 30, 2006 Dear Minister Di Cocoa, I am writing in regards to the Province of Community Museum Operating Grant (CMOG) program. As you are likely aware, CMOG program funding has been capped at $2.6 million since the 1980's. Unfortunately, the City of Niagara Falls Museums, like the vast majority of CMOG recipients, does not receive the full amount of the grant that it is entitled to Currently we are receiving $17,277 through the program. However, according to regulation 877 under the Ontario Heritage Act and the formula provided by the provincial government, we are entitled to 12% of eligible expenses or $36,338 (see formula on next page). By way of this letter, I am formally requesting that our museum receive the full CMOG funding amount that we are entitled to under the Ontario Heritage Act. The City of Niagara Falls Museums are dedicated to preserving and promoting the history of Niagara Falls, including the former Townships of Willoughby and Stamford and the Village of Chippawa. With increased funding, we will reach out to more local school children through enhanced educational programming, seniors and families both through community outreach as well in improved and more relevant exhibitions, we will better preserve our collections for future generations and we will engage more Ontarians in the celebration of the heritage of this great province. I thank you for considering our request and look forward to hearing from you. Sincerely, City of Niagara Falls Board of Museums 5810 Ferry Street Niagara Falls Ontario L2G 1S9 Tel: 905 -358 -5082 Fax: 905 -358 -0920 est on, City of Niagara Falls Board of Museums Kim Craitor, M.P.P. Niagara Falls Ted Salci, Mayor, City of Niagara Falls Ontario Museum Assocation COUNCIL INFO Region of Waterloo Watermain project moved forward Council approved a project to advance the design and construction of a watermain from Well G15 to the Middleton Reservoir in Cambridge. This project will improve water quality, reduce operating and maintenance costs, and improve reliability of the Middleton well supply. The Middleton wellfield, reservoir and pumping station produce about 45 per cent of the water supply for Cambridge. The project is expected to cost about $1,200,000. Water Efficiency Master Plan approved The Region's Water Efficiency Master Plan 2007 2015 has been approved by Council and the Water Efficiency Advisory Committee. The Master Plan focuses on leadership and innovation in the following areas: public education, outdoor water use reduction, efficient toilet replacements, industrial, commercial and institutional efficiencies, municipal leak reduction, and research and development. The target cumulative water savings projected from 2007 to 2015 is more than 1.8 million gallons a day. Tourism organization given a boost Council has endorsed the creation of a steering committee comprised of representatives from the Region, area municipalities, and the tourism industry to develop a new tourism organization for Waterloo Region. Council also approved funding of $25,000 to support the steering committee in 2006. Currently, the three cities and two of the townships in Waterloo Region provide tourism related services. The creation of a unified tourism organization for this community will aim to coordinate and improve tourism services, particularly destination marketing. This would enhance our community profile, increase the number of visitors to Waterloo Region, support economic development, and attract increased tourism related funding. Museum grant increase requested The Region will request the Province of Ontario to increase Community Museum Operating Grant funding. The Ontario Museum Association has launched an advocacy campaign to seek increased funding for museums across the province. Both Doon Heritage Crossroads and Joseph Schneider Haus receive annual grants from the Ministry of Culture, however, the grant amount is considerably less than specified in Ontario's regulations for museum grants. Rent Bank Program receives grant Council approved an allocation of $103,450 from the Provincial Rent Bank Program to Lutherwood. The Rent Bank and Eviction Prevention Program has operated through Lutherwood's Housing Action Centre since 2001 The program provides loans to assist people with rental arrears in order to help them avoid eviction, and possible homelessness. Region to partner with city and university to study wind turbines The Region will partner with the City of Waterloo and the University of Waterloo to conduct an investigation of the feasibility of installing wind turbines at selected sites in Waterloo Region as a source of renewable power The Region will spend up to $25,000 from the Energy Management Capital Budget on this $100,000 study. Waterloo Region is situated in an area that is viable for wind turbines, but detailed studies are needed to determine suitable locations. Region requests provincial Board of Health funding The Region will ask the province to fully fund its 65 per cent share of the 2006 Board of Health approved budget to ensure that the Board can fulfill its commitment to provide Public Health programs that meet the needs of the community as mandated by provincial legislation. Tenders /contracts: The following tenders /contracts were approved by Council: $23,447,744.05 to Detra Builders Inc. for upgrades to the Galt Wastewater Treatment Plant in Cambridge. $4,056,119.81 to Capital Paving Inc. for the rehabilitation of rural roads in the Townships of Wellesley and Wilmot. $1,878,301.86 to Steed Evans Ltd. for the reconstruction of Highland Road from Westmount Road to Fischer Hallman Road in Kitchener. $486,818.57 to Electromega Ltd. for LED lamps, $291,672.89 for pedestrian LED Bi -model lamps and housings, and $4,001 46 for the assembly of lamp and signal heads. $174,583.34 to Fortran Traffic Signals for Poly Carbonate signal heads For further information, contact: Bryan Stortz, Director, Corporate Communications at 575 -4408 Or the Regional Clerk's Office at 575 -4420. Council Info may also be seen on the Internet: www.region.waterloo.on.ca Passed this thirty -first day of July, 2006. First Reading: Second Reading: Third Reading: July 31, 2006 July 31, 2006 July 31, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Data License Reciprocation Agreement with The Regional Municipality of Niagara, respecting the licencing, sublicencing, exchange and /or reciprocation of certain spatial data and mapping. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Data License Reciprocation Agreement made between The Regional Municipality of Niagara as RMN and The Corporation of the City of Niagara Falls as CNF, respecting the licencing, sublicencing, exchange and /or reciprocation of certain spatial data and mapping, 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. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR DATA LICENSE &RECIPROCATION AGREEMENT This Agreement is made as of the 31st Day of July 2006 BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA "RMN OF THE FIRST PART and MUNICIPAL LICENSEE THE CORPORATION OF THE CITY OF NIAGARA FALLS "CNF OF THE SECOND PART WHEREAS the RMN and CNF wish to license, sublicense, exchange and/or reciprocate certain spatial data and mapping, which both parties consider as assets of considerable corporate value, based on the terms set forth in this Data License Reciprocation Agreement (DLRA). NOW THEREFORE in consideration of the mutual covenants contained herein, RMN and CNF agree as follows: Definition of Data: "Data" shall mean the data described in Schedule "A" under "Data Licensed" and/or "Data Reciprocated" attached hereto in any form, version or medium, including any documentation, database model schemas, derivative products, bundled products, and any resulting products related thereto. Grant of License: RMN hereby grants to CNF a non exclusive and non transferable license for the "Data Licensed" products outlined in Schedule "A" during the term of this DLRA, on the terms set forth herein, for the express "Purpose of Use" also described in Schedule "A Reciprocation: RMN and CNF agree to reciprocate and exchange mutually beneficial spatial data layers and mapping outlined under "Data Reciprocated" in Schedule "A These spatial data layers and mapping are provided "as is" for regular government business purposes. Payment to RMN: CNF shall pay to RMN the amount delineated under "Data Fees" in Schedule "A" as a one -time cost for the 2006 digital orthoimagery project deliverables. Additional Rights: CNF shall not sub license, assign, sell, transfer or exchange its rights to the "Data Licensed" products under this DLRA. "Data Reciprocated" products exchanged under this DLRA can be used for regular government business purposes. Any questions regarding appropriate use of the "Data Reciprocated" products should be addressed to the respective "Contact Person" listed in Schedule "A" of this DLRA. Non Disclosure: The "Data Licensed" shall not be disclosed by RMN or CNF to any other party. RMN or CNF may be permitted to disclose the "Data Licensed" products to their own employees to fulfil the "Purpose of Use" of this DLRA as set out in Schedule "A RMN or CNF may disclose the "Data Reciprocated" products to third party agencies for regular government business purposes. Term: This DLRA shall become effective on the date specified on the first page hereof and shall be a perpetual licence, unless specified otherwise. Additional restrictions related to the term of this agreement and use of "Data Licensed" products may be delineated in the "Additional Restrictions" section of Schedule "A Both RMN and CNF may terminate earlier after providing notification of 90 days to the respective party. Consequences of Termination: Upon termination of this DLRA, with respect to the "Data Licensed" products, RMN and/or CNF shall: i) Cease all use of the "Data Licensed" products; ii) Cease to use, sell, lease, license, transfer or otherwise deal with in any manner any products related to the "Data Licensed" products; ii) Destroy all forms of the "Data Licensed" products in their possession and all copies thereof; ii) Provide wntten notification to the respective party that the "Data Licensed" products have been destroyed. Upon termination of this DLRA, with respect to the "Data Reciprocated" products, RMN and/or CNF agree: ii) The respective parties shall retain rights to continue to use the spatial data layers exchanged or collaborated on during the term of this DLRA, for ongoing regular government business purposes. No Representations: RMN CNF collectively acknowledge and agree that no representations or warranties whatsoever as to the accuracy, completeness, reliability, currency or otherwise of the Data are made by either party. The "Data Licensed" and "Data Reciprocated" under this DLRA are provided "as is Upon the discovery of any inaccuracies or any incompleteness in the Data, notification will be provided to the appropnate party and/or their respective supplier(s). No Liability: Both parties acknowledge and agree that neither party nor any of their respective elected officials, directors, officers, employees or suppliers shall have any liability to each other resulting from use or misuse of the Data provided under this DLRA. -2- Indemnity: Both parties shall indemnify and save harmless any of their respective elected officials, directors, officers, employees or suppliers from and against any and all liabilities, damages, costs or expenses awarded against or incurred or suffered by either party arising out of any action or proceeding commenced or maintained by any customer or any other person, firm, corporation or other entity in respect of the use of the Data or use by any third party. Marking of Intellectual Property Rights: All hardcopy printouts of the "Data Licensed" products only must display the copyright statement delineated under "Copyright Statement" of Schedule "A Hardcopy versions of the "Data Reciprocated" shall bear the copyright statement of the providing party and/or agency, as required. Notice: Any notice or other communication required or permitted to be given hereunder shall be given to the "Contact Person" for CNF RMN listed in Schedule "A" of this DLRA. Subsequent Spatial Data Reciprocation Subsequent to the execution of this DLRA, exchange or reciprocation of Spatial Data layers between RMN and CNF will be acknowledged by electronic "sign -off' with delivery via FTP methods and such exchange will be covered by the Terms Conditions of this DLRA. An electronic record of layers exchanged included date provided will be maintained by the respective parties and shall be deemed to form part of Schedule "A" attached hereto. IN WITNESS WHEREOF the parties hereto have duly executed this Data License Reciprocation Agreement on the date first above written. The Regional Municipality of Niagara The Corporation of the City of Niagara Falls Signature: Signature: Name: Bruce Irwin Name: R.T. (Ted) Salci Position: Manager, GIS Services Position: Mayor Date: Date: -3- Signature: Name: Dean Iorfida Position: City Clerk Date: SCHEDULE "A CNF Contact Person Title: Janet Kuipers, Manager of GIS Services CNF Mailing Address: 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 CNF Telephone Number: (905)356 -7521 x 4109 RMN Contact Person Title: Bruce Irwin, Manager GIS Services RMN Mailing Address: 2201 St. David's Road P.O. Box 1042, Thorold, Ontario L2V 4T7 RMN Telephone Number. (905)685- 4225 x 3322 Data Licensed: Data Reciprocated. 0. Hybrid Property Layer 0. Aerial Photography 2006 Colour Orthoimagery Products 0. Road Network (SLRN) data 0. Civic Address data 0. Aerial Photography 2006 Black White, Vector layers, other project deliverables related such as reports, aerial triangulation parameters etc. 0. General municipal regional spatial information listed under feature categories on the Information Index at the following web address: http: /metadata. youmiagara.calm.d/Explorer /Default. aspx Examples: thematic layers, feature layers, infrastructure layers etc Purpose of Use- "Data Licensed" Products Only. Internal government purposes. Data Fees: $15,000.00 Additional Restrictions "Data Licensed" Products Only: 0. Hybnd Property Layer can be provided to consultants with executed sublicense agreement. 1. 2006 Colour orthoimagery products internal use only cannot be provided to the public or consultants under contract with the City of Niagara Falls. Copyright Statement: 2006 The Regional Municipality of Niagara and it's Suppliers -4- Saturday August 26t" 2006 You are cordially invited to celebrate our new playground with family, friends, and neighbours! Schedule of Events 10.30 am Parade Parade Route runs from Wellington St. to Drake St. to Rodney St. Ends on Wellington St. 11.00 am History of Empire Park By Sherman Zavitz 11.10 am Ribbon Cutting Ceremony By Mayor Ted Salci 11.30 am Blessing on the Park By Father Ray Montague of Sacred Heart Church Rev. Janet Cachin of Holy Trinity Church Rev. David Moody of Chippawa Presbyterian Church Rev. Ron Spadzinski of Church of God Blessing of Memorial Donations Park Bench In memory of Alex and Keith Oleksuik Donated by Charlotte Oleksuik and Family Tree and Park Bench In memory of Jean Tufts Donated b Famil CELEBRATE EMPIRE PARK!