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2007/10/29COUNCIL MEETING Monday, October 29, 2007 Order of Business and Agenda Package The City of Niagara Falls Canada PRAYER: Councillor Diodati ADOPTION OF MINUTES: Council Minutes of October 15, 2007 Terry Fox Run Disability Advisory Committee Niagara Falls Fire Department Rescue COUNCIL MEETING October 29, 2007 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Joshua Lennox will provide an update on the fundraising efforts for the Terry Fox Run and the Council head shave. Mayor Salci and representatives from the Disability Advisory Committee will present the Patrick Cummings Award to Tim Horton's at 4835 Victoria Avenue. Sue Bright, the owner, will be in attendance. Lee Smith, Fire Chief, will speak to Council regarding a recent segment on Court TV showcasing the Niagara Falls Fire Services rescue efforts. Region: Waste Management Levels of Service Barry Friesen, Director of Waste Management Services, Niagara Region, will make a presentation on Waste Management, Level of Service. 2 PLANNING MATTERS 26CD -11- 2007 -03, Draft Plan of Condominium Adelina Apartments 6420 Montrose Road Owner: Gabrielle Marinelli Background Material: Recommendation Report: PD- 2007 -89 BUSINESS DEVELOPMENT MATTERS 1. Chief Administrative Officer BDD- 2007 -05 Niagara Convention and Civic Centre MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Optimist Club Youth Appreciation Week requesting that November 18 24, 2007 be proclaimed "Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the approval of Council. 2. Toys for Tickets clarification on dates for Toys for Tickets drive. RECOMMENDATION: For the information of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 3 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2007 -40 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of the Municipal Act, 2001 FS- 2007 -06 Purchase of Rescue Truck for Fire Services FS- 2007 -07 Purchase of Pumper Truck for Fire Services FS- 2007 -08 Purchase of Aerial Truck for Fire Services L- 2007 -48 Release and Abandonment of Easement Part 3 on Reference Plan 59R- 7614 (File No. 2007 -347) MW- 2007 -110 Kalar Road Pump Station Environmental Assessment and Niagara Falls Pollution Control Plan Update Environmental Assessment Scope Change and Authorization to Pay Additional Fees MW- 2007 -124 Drinking Water Quality Management System Consulting Services Urban Environmental Management Inc. PD- 2007 -90 26CD -11- 2007 -05, Draft Plan of Condominium, 5840 Dunn Street (Southwest Corner of Ailanthus Avenue Dunn Street), Owner: Pinewood Homes (Tara) Ltd. (Angiolina Colaneri) R- 2007 -28 George Bukator Park Agreement and Park Location R- 2007 -30 Preakness Park Re- Design R- 2007 -31 Tender #T11 -2007, Garner Park Landscape Development 4 PROPERTY MATTERS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the following property matters and by -laws. 1. Chief Administrative Officer L- 2007 -37 Permanently Close Laneway between McGrail Avenue and Ellen Avenue (File No. 2007 -167) 2007 -213 A by -law to permanently close part of a highway. 2007 -214 A by -law to declare Part Lot 39 south side of Simcoe Street Plan 1002 Town of Niagara Falls, in the City of Niagara Falls, surplus 2007 -215 A by -law to authorize the execution of an Agreement of Purchase and Sale with Douglas Schultz and Germaine Schultz respecting the purchase of lands described as Part of Lot 156, Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, shown as Schedule "B" in the attached Agreement of Purchase and Sale BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -216 A by -law to establish Part Lot 53 Plan 87 Stamford as a public highway, to be known as and to form part of Rysdale Street 2007 -217 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 2007 -218 A by -law to authorize a Release and Abandonment of Easement to amend the register to release an Easement registered as Instrument Number RO714435 2007 -219 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) Randy at Cherrygrove 2007 -220 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of October, 2007 NEW BUSINESS Dean Iorfida terry fox cheque presentation thank you. From: joshua lennox <jolennox2002 @yahoo.com> To: Dean Iorfida <diorfida @niagarafalls.ca> Date: 10/17/2007 9:23 AM Subject: terry fox cheque presentation Joshua Lennox Sales Leasing Representative Bus: 905 358 6173 Toll free: 1 866 296 2557 Fax: 905 358 9164 Cell: 905 321 0559 Page 1 of 1 hello Dean i was just wondering if i can get on the agenda for the next council meeting to have a cheque presentation with vic and jim for the terry fox foundation. let me know if there is anything i have to do for this. Be smarter than spam. See how smart SpamGuard is at giving junk email the boot with the All -new Yahoo! Mail file: /C:\Documents and Settings \di202\Local Settings \Temp\XPgrpwise \4715D49FDoma... 10/23/2007 Dean Iorfida Waste Management Level of Service Presentation Niagara Falls Oct. 29 From: "Torbicki, Lydia" <lydia.torbicki @regional.niagara.on.ca> To: <diorfida @niagarafalls.ca> Date: 9/26/2007 4:31 PM Subject: Waste Management Level of Service Presentation Niagara Falls Oct. 29 CC: "Eckhart-Oettinger, Donna" donna. eckhart- oettinger @regional.niagara.on.ca>, "Friesen, Barry" barry. friesen @regional.niagara.on.ca> Attachments: LOS Oct 29 2007 Niagara Falls Council.ppt; Pros Cons Biweekly Waste.doc; Frequently Asked Questions LOS Final 8- 16.doc Hi Dean, Page 1 of 2 As a follow -up to a message left for you by Donna Eckhart Oettinger, we would like to request that Barry Friesen, Director Waste Management Services, Niagara Region provide a presentation on the Level of Service to the Niagara Falls Council. Our Waste Management Planning Steering Committee has asked that we contact the area municipalities and offer this presentation. I understand that one potential date for the presentation would be Oct. 29, 2007 Barry would be available on that date. Assuming the date is acceptable from your end and we have permission to deliver the presentation, attached please find a copy of the Level of Service PowerPoint and two Fact Sheets (Pros Cons and Q &A) for distribution to your Council for the October meeting. If you are making hard copies of the ppt for distribution to councillors, we would suggest printing two slides to a page to allow the charts /graphs to be as clear as possible. Alternatively, please confirm if you would like us to make the copies and bring them to the meeting. Again assuming we have permission, please confirm when Barry should arrive and if the equipment for the PowerPoint will be provided by the City. Let us know if you need anything further in order to consider this request. Looking forward to receiving your confirmation on the above. Thanks in advance. Lydia Lydia Torbicki, B.Sc., CET Manager, Policy and Planning Public Works Department, Waste Management Services Division Region of Niagara 2201 St. David's Rd., Thorold Ontario Phone: 1- 905 685 -4225 ext. 3495 Fax: 1-905-687-8056 Email: Lvdia.Torbicki ot?regional.niagara.on.ca The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is inter file: /C:\Documents and Settings \di202\Local Settings \Temp\XPgrpwise \46FA8957Doma... 10/18/2007 Y z�. k �_'��'^s� 'ks'— .�WS��r f •�j.F F„vn 1. Aligns with the motion approved by Council that Niagara Region join other municipal governments in assuming a leadership role in the protection of our environment for future generations specifically by developing an action plan to meet identified targets �"��y:�`.- s+'� f����d� 4 a 1 4 1. Possible short term illegal dumping issue 2. Needed to achieve Council's goal of 65% diversion by 2012 2. Possible resident misconception of "less service but more taxes" 3. Preserves landfill capacity 3. Perception of a complicated set -out system 4. Increases diversion 4. Possible short -term increase in complaints until residents adapt to change 5. Maximizes use of the recycling and organics services and other 3Rs programs 6. Increases in funding from Waste Diversion Ontario /Stewardship Ontario for increase in recyclables captured 7. Waste collection cost reductions 8. Increase in revenue with increased recyclables credit to municipalities in the form of reduced requisitions 9. Reduced costs with decreased waste tonnage ($92.25 UDR/tonne) 10. Net GHG emissions reduction (based on potential for reduced fleet), preservation of resources 11. Promote environmentally responsible and sustainable behavior 12. More jobs created through diversion than through disposal Niagara. Region Waste Management Level of Service Rate Study (Draft June 8 2007) EVERY OTHER WEEK WASTE COLLECTION PROS CONS Niagara aggi Region MEMORANDUM DATE: August 7, 2007 TO: Chairman Partington and Members of Council FROM: Barry Friesen, P. Eng, Director, Waste Management Services SUBJECT: Waste Management Draft Level of Service and Rate Study At the direction of Regional Council, Waste Management Services completed a detailed Level of Service and Rate Study in order to determine how the Region will meet its solid waste resource management goals (65 per cent diversion by 2012) and ensure adequate financing for the long term, The Study looked at industry best practices and measured the performance of various systems in use in municipalities across the province. Based on the results of the extensive study that included consultation with Waste Management professionals from municipalities across Ontario the following best practices are being recommended in Niagara as they have seen great success in other Ontario municipalities: Reduce the frequency of waste collection from weekly to every other week and /or reduce waste container limits; Ban use of plastic bags for SSO and leaf and yard materials; Outreach and enforcement of landfill collection and disposal bans; Establish new permanent Reuse Centres and HHW depots; Introduce recycling programs in all public spaces; and Develop communication and education programs for the implementation of each program component. Additonal Niagara specific recommendations: Expand organics collection to all of West Lincoln and Wainfleet; Relaunch the organics (Green Bin) program; and Operate container stations as landfill sites close. From a financial perspective, the current uniform disposal rate (UDR) of $92,25 per tonne will be maintained however, it is recommended that a cost of living inflation rate be added.. Financing for the additional services above (depots, reuse centres etc) will be funded through increased municipal requisitions, In support of the report to Council and presentation delivered at Committee of the Whole, please see the attached Questions and Answers for the Level of Service. In the event you are contacted by media or your constituents, the responses may be of assistance to you. Please feel free to contact me if you have any questions, or wish to discuss anything further. Sincerely, Barry Friesen, P. Eng. Director, Waste Management Services L;120071CO2 Standing Committees of Council \Committee of the WholelL,OS Briefing Memo doc LEVEL OF SERVICE /RATE STUDY (LOS /RS) FREQUENTLY ASKED QUESTIONS 2007 -08 -16 1„ What are the advantages of every other week waste collection? What are the gains to the taxpayer? Helping to achieve waste diversion target of 65% by 2012; Increased funding from Waste Diversion Ontario /Stewardship Ontario for increase in recyclables captured; Reducing Net Greenhouse Gas (GHG) emissions based on potential for reduced fleet; Some waste collection cost reduction is expected: This will not be known until tender process is complete (tender will include pricing for both options); Overall, expected to experience Tess of an increase in waste management costs; Preserve landfill capacity; Promoting and participating in environmentally responsible and sustainable behavior (in increasing diversion); Conservation of nonrenewable resources; Net GHG emissions reduction through 3R's hierarchy (reduce, reuse, recycle). 2. How does the proposed Level of Service (LOS) align with Council's affordability targets? Potential savings from the reduced frequency of waste collection /lower container limits could occur. However, the savings would be offset by other rising costs that would occur regardless of the LOS: Overall collection contract cost increases due to increase in fuel and labour costs, new vehicles, increase in number of households, etc.; Fixed and new capital costs; Increase in organics collected but potential offsetting costs reductions realized through decrease in waste being Iandfilled; Public outreach and enforcement activities; Council's affordability targets will be considered as programs are implemented and costs are finalized. Council approval occurs with tender awards, capital projects etc. 3. If garbage is collected every other week, the garbage will smell, especially during hot summer months. Why then would the Region consider changing garbage collection to every other week? Studies have shown that collecting waste every other week is helpful in reducing the amount of waste being taken to landfills, which is important in Niagara as most of our operating landfills will be closing within the next few years. Recycling (alternately Blue and Grey Box) and organics (Green bin) would continue to be collected weekly. As organics will be collected weekly, there should not be any 'smelly' materials in the waste stream that would be collected every other week. Items you may put in your Green Bin include; fruit and vegetable peelings, table scraps and plate scrapings, meat, fish, dairy products (solid), bread, pasta, sauces and gravy, bones, paper towels, tissues and napkins, etc.. 4. Why is the Region considering reducing the number of garbage containers /bags that will be collected without requiring a garbage tag? Based on recent waste audits conducted throughout Niagara Region, it was determined that the average household currently places out less than two (2) full garbage containers /bags each week for collection. Waste audits also show that the average householder still places recyclables and organic materials in the waste stream. By reducing the garbage container limit, the Region hopes to encourage residents to participate more fully in the recycling and organics programs. L:120071CO2 Standing Committees of CouncillCommiltee of the Whole\ Frequently Asked QuestionsLOS doc LEVEL OF SERVICE /RATE STUDY (LOS /RS) FREQUENTLY ASKED QUESTIONS PAGE 2 5. Why are you trying to make people separate the organics from the waste? I don't use the Green Bin now, and I really don't want to, it's too much trouble. Niagara Region's landfills will be at capacity and closing within the next few years.. In order to extend the remaining life of our landfills, we need to reduce the amount of garbage being disposed. By using the Green Bin for organics, we can reduce the amount of waste being sent to our landfills by over 40 per cent, 6. Will there be a reduction to my property taxes as a result of the reduced frequency of waste collection and /or lower waste container limits? The changes in service options are planned for the benefit of the environment and to meet Regional Council's waste diversion goal of 65% by 2012. Industry-wide, the costs for waste management services are increasing, so any potential savings from the reduced frequency of waste collection /lower container limits may be offset by increasing costs,. 7. If the garbage container /bag limit is reduced and /or garbage is collected every other week, will that not cause more illegal dumping? Studies have shown there is no direct correlation between long -term illegal dumping activities and program changes.. Regardless, illegal dumping is an ongoing issue and Waste Management Services is revising its Illegal Dumping Management Program to deal with potential issues through the following: Education: Public awareness and co- ordination with area municipalities; Enhancement: Clean -up and monitoring, reduced access to common dumping locations; Enforcement: By -law officers and fines are in place to deal with violators. The By -law is being updated to increase fines. 8. Why is the LOS /RS looking at expanding the organics collection (Green Bin) program into West Lincoln and Wainfleet? Currently, organics are collected on a weekly basis in most municipalities, with the exception of West Lincoln and Wainfleet. Based on the decision of these two municipal Councils, their municipalities were not included in the original organics program roll out in 2003. As a result of the feedback received from these residents, and to assist the Region with achieving its goal of 65 per cent waste diversion by 2012, the LOS /RS is considering expanding organics collection into Wainfleet and West Lincoln., Collection services will then be consistent across the Niagara. 9. What will happen to the landfill sites after they close? As part of Niagara Region's Service Level Review /Rate Study, a recommendation has been made to continue operating public drop -off depots for residents and small businesses at some of the closed landfill sites, to allow for the drop off of waste, recycling and organics. 10. How can we increase student recycling? Niagara Region's school boards employ a full -time school waste management co- ordinator who visits all public elementary and secondary schools in the Niagara Region to teach students about recycling. The Region works closely with the Coordinator to promote Regional waste management programs Brock University has the second best institutional recycling program in the province; an estimated 2.5 tonnes of material are collected each week at the University. 11. Is there a limit as to how much recycling and organics I can place at the curb? There is no limit for residential recycling and organics placed at the curb. Businesses are permitted to place residential volumes to the curb as well, Materials must be placed at the curb properly no later than 7 a m. on your designated collection day. Waste Management Services Level of Service and Rate Study (Draft dated June 8, 2007) October 29, 2007 revised Presentation to: City of Niagara Falls Council Niagara /1 Region Building Community. Building Lives. Level of Service and Rate Study Key Study Objectives Identify Improvements to Waste Management Programs to Achieve 65% Diversion by 2012 Establish Region-wide Rates for all Services Review Alternatives and Recommend Appropriate Funding Method NIAGARA REGION WASTE MANAGEMENT LEVEL OF SERVICE AND RATE STUDY UE DRAFT JUNE E ZECI Watson 4..A4soctattn t#, ■rtri 'A Niagara Region Building Community. Building Lives. Material Stream of Garbage Recyclables 24% Organics (food waste) 43% Waste 33% Total 100% Current Situation Region's 2005 diversion rate (based on Waste Diversion Ontario) is 46% Average of -1.7 waste containers per hhld at the curb weekly Hhlds with more than one container typically do not fully use the organics and recycling services at the curb What is Left in the Garbage Bag? Niagara I.. Region Building Community. Building Lives. Current Situation cont'd Once diversion services are in place, need incentives/ enhancements to increase participation in recycling, organics collection and other 3Rs initiatives The incentives and program enhancements described herein are supported by the waste management public advisory committee (WMAC) Niagara f Region Building Community. Building Lives. Recommended Level of Service Options PUT IT I N ITS PROPER PLACE Niagara f Region Niagara //Re Building Community. Building Lives. Base Level of Service (BLOS) Options t� q .,.'�4 1. Organics Program Expand Green Bin program municipality -wide in West Lincoln and Wainfleet a Leaf yard and organics collection will then be Region -wide on a weekly basis Bundled branch collection 6 times per year Relaunch Green Bin program Region -wide Ban use of plastic bags in organics collection Include kitty litter and pet waste Service Level Recommendations Options for Implementation Niagara f Region Building Community. Building Lives. Base Level of Service (BLOS) Options 2. Permanent Facilities Three reuse centres (includes partnerships with nonprofits) Two additional HHW depots Four container stations system as landfills close 3. Recycling Programs In Public Spaces 4. Outreach, Enforcement of Landfill Collection and Disposal Bans Service Level Recommendations Options for Implementation cont'd Niagara l f Region Building Community. Building Lives. Service Level Recommendations Options for Implementation cont'd 5. Waste Collection Changes (spring 2009) Base Level of Service (BLOB) Options Reduce frequency of waste collection to every other week Reduce residential container limit to one container per week or two containers every other week a 6. Communication and Education Program (implement with each program component) a) What is a garbage container? A bag, can or bundle which does not exceed 91 cm (36 in height by 61 cm (24 in diameter, weighing no more than 22.7 kg (50 Ibs) when full. Niagara f Region Building Community. Building Lives. Service Level Recommendations Options for Implementation cont'd Additional staff recommendations on services include: Special set -out service for residents (for those who cannot physically set out their materials for collection) as a base level service Options that require further investigation /research: Recycling and organics collection to multi residential separate report Recycling and organics collection to IC &I sector separate report Automated collection containers for waste and recycling See executive summary for additional recommendations Niagara l.. ;f Region Building Community. Building Lives. Waste Collection Every Other Week Collecting waste every other week is considered one of the most effective drivers in reducing waste and increasing diversion rates There is no direct correlation between long term illegal dumping and every other week collection of waste Waste collection every other week occurs in: Toronto, Markham, Town of Richmond Hill, Ajax, Oshawa, Pickering, Whitby Durham Region: 60% diversion rate in municipalities where garbage is collected every other week and 43% where collected weekly All of York Region effective Sept 10 Halton Council approval Sept 21 Ottawa staff strongly recommend waste collection every other week Niagara f Region Building Community. Building Lives. Financial Aspects of the Study Niagara f Region Building Community. Building Lives. Current Situation Diversion $10,144,100 Waste, Recycling Organics Collection (1) $15,654,100 Waste Management Services 2007 Budget: $41,697,700 (1) Excludes Administration FTE's Disposal $13,135,000 Waste Policy /Planning Administration $2,764,500 Niagara Region Building Community. Building Lives. User Fees Cost Recovery Evaluation of a range of options was undertaken Status Quo Full User Pay (by weight or by container) Partial User Pay (mix of methodologies) Full Recovery through Taxation (assessment or per household) Recommendations: Continue with Status Quo which is the Partial User Pay Maintain current user fee of $1 /container and reduce the container limit to one container /week (or two containers every two weeks) Increases will occur in increments of $0.25 See Sections 4.4 and 4.5 and Table 4 -6 in the Study Niagara f Region Building Community. Building Lives. Cost Recovery cont'd Recommendations: That the remainder of net collection and diversion costs continue to be recovered through municipal requisitions (in the form of a user fee per household) The current uniform disposal rate (UDR) of $92.25 per tonne be maintained and an annual index for inflation be applied Continue use of Rate Stabilization Reserves in conjunction with multi -year financial projections to minimize future impacts on rates The existing tax billing systems continue to be used to recover waste management costs Area Municipalities are responsible for selecting the tax billing process Niagara f Region Building Community. Building Lives. $180 $160 $140 $120 $100 $80 $60 $40 $20 WM Rate Model Results UDR Uniform Disposal Rate (UDR) Cost per Tonne (2006$) Status Quo Scenario v 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Cost Per bone Smoothed UDR $180 $160 $140 $120 $100 $80 $60 $20 1 $130 We fee NW Me ee MR We Mr WastePlan Version 1*0 Mb tat 5116 MR MN 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Cost Per Tonne Smoothed UDR Regi ©n Niagara Building Community. Building Lives. Waste Management Services Base Year 2006 Projected 2009 Status Quo Scenario 1 Total Waste Management Rate Per Household $147.67 $176.26 $193.89 WM Rate Model Results Rate per Household (in 2006 Scenario 1 IMPLEMENTATION OF RECOMMENDED SERVICE OPTIONS Note: Excludes Costs for Enhanced Services Niagara f Region Building Community. Building Lives. Council's Affordability Targets Costs are estimated and based on: Overall collection contract cost increases due to increase in fuel and labour costs, new vehicles, increase in number of hhlds, etc. Increase in organics collected Public outreach and enforcement Landfill space is running out Fixed costs for closure of existing landfills New capital for enhancing diversion program New composting facility Council's affordability targets will be considered: as tenders are issued, capital project approved, etc. Niagara f Region Building Community. Building Lives. Questions? Niagara f Region Building Community. Building Lives. Niag araFalls August 1, 2007 Ms. Pam Gilroy, Regional Clerk Associate Director of Corporate Services The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: Re: Regional Niagara Residential Waste Collection At a recent meeting, Niagara Falls City Council a discussion ensued regarding Residential Waste Collection. As a result, Council passed the following resolution: That a correspondence be sent to the Niagara Region requesting that the residential garbage collection remain weekly; or, in the alternative, That an appropriate public meeting is held before any changes are made to residential waste collection; and That cost saving alternatives to collection be considered. Carried Unanimously With regard to the latter motion, it was suggested that instead of residential pick ups occurring at each municipal address that a program be instituted so that pickups happen at every two municipal addresses (i.e. two neighbours would share a pickup location where their properties abut). Please forward this resolution to the appropriate parties. Sincerely, Dean I Ida City Clerk Working Together to Serve Our Community Tut_y 4310 Queen Street, R0. Box 1023, Niagara falls, ON Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Corporate Services Department Clerks Ext 4271 Fax 905 356 -9083 diorfida ©n iagarafalls.ca October 29, 2007 PD- 2007 -89 Niag araJlalls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2007 -89 26CD -11- 2007 -03, Draft Plan of Condominium Adelina Apartments 6420 Montrose Road Owner: Gabrielle Marinelli RECOMMENDATION: 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: The applicant proposes to convert the existing 17 -unit rental apartment to a condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by all the condominium owners. The property is on the east side of Montrose Road, north of Delta Drive as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff provided notice of this Council meeting to consider the application to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants regarding the proposed condominium, conversion. 10 Queen Street, P0. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development October 29, 2007 2 PD- 2007 -89 Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2006. The data indicates a vacancy rate of 5.1 for all surveyed apartment units in Niagara Falls. The CMHC figures exceed the Official Plan three percent vacancy rate threshold and have risen from a total City rate of 2.7 in 2005. Relatively low mortgage rates continue to encourage many tenants to enter the home ownership market which, in turn, opens up rental apartment units for occupancy. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The apartment contains 12 units with two bedrooms and five (5) units with 3- bedrooms. The applicant estimates that the selling prices for the proposed condominium units will range from approximately $115,000 to $130,000. These prices would provide additional affordable housing within the City. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected a vacancy rate of three percent or more is considered desirable for a healthy rental market. Regional Planning staff notes that throughout the major urban centres of Niagara the vacancy rate is 4.3 for all apartment units. The Region is not opposed to the conversion of these apartment units given the vacancy rate in the area. Site Assessment This apartment was constructed in 1975 in compliance with Zoning By -law provisions in place at that time. The property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) through site specific Zoning By -law No. 86 -254 which recognized the existing development. A site plan was approved in 1987. In 2003, variances to the zoning requirements were granted (File A- 42/2003) to legalize an additional apartment unit that was constructed in the building (total 17 units) and allow a reduction in street frontage. The abutting dwelling /tourist home (6410 Montrose Road) was separated from the apartment land through consent application B45/2003/NF which also created a secondary October 29, 2007 access for the dwelling over the main apartment driveway. Although compatibility has been established over the years, the condominium conversion process provides the opportunity to achieve site improvements in keeping with current development standards. The submitted plan generally conforms to the approved 1987 site plan. However, the dimensions shown for the parking spaces need to be enlarged slightly to meet zoning standards. The disabled parking space is not required based on City standards, but should be relocated closer to the entrance of the apartment if it is to be maintained. The large garbage container near the north property boundary is not in accordance with the approved plans and impacts parking spaces. This container needs to be moved (possibly to the southeast corner of the parking area) and a proper garbage enclosure constructed. The designation of a fire access route through the site may be required. Parkland dedication was previously provided for this land that is within a registered plan of subdivision. CONCLUSION: 3 PD- 2007 -89 The proposed conversion of the existing apartment development to condominium ownership can be supported. The rights of the current tenants will be safeguarded through the requirements of the Residential Tenancies Act. The condominium will provide additional affordable priced units to the housing market. The requested conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R.Wilson:gd Attach. 91 Alex Herlovitch, Director of Planning Development Ed I ujlovic, Exec4at -Bi rector of Community Services MacDonald, Chief Administrative Officer S:1PDR120071PD- 2007 -89, 26CD -11- 2007 -03, Adelina Apartments (6420 Montrose Road) Draft Plan of Condominium.wpd October 29, 2007 4 PD- 2007 -89 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Adelina Apartments (6420 Montrose Road) Draft Plan of Condominium prepared by Kirkup Ure Surveying Ltd., dated June 5, 2007, showing an apartment building containing 17 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer either comply with the approved site plan or obtain an amendment to the existing Site Plan Agreement to reflect parking area changes and a relocated garbage enclosure both to the City's satisfaction. 5. The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law regarding parking space size. 6. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 7. The developer provide five copies of the pre- registration plan to Planning Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions that their respective conditions have been satisfied. Proposed Plan of Condominium Adelina Apartments 26CD- 11- 2007 -03 Subject Land K: \QIS_ Requests\ 2007\ Schedules \Condos\6420_Montrose.map SCHEDULE 1 Location Map Pry VI° BADGER RD rn v z WEYBo 111111* 11111111= in PETRULLO 11111r\4" tl Ir► NASRULLAH CR i Uk. ES M =M NIMININ -_M INNOININImor MI 11111` wow NINNONNIN 1 IMO MIN NMI M iniiii ii wr is NI Q °11 1111 Jit 1:NTS October 2007 PROPOSED DRAFT PLAN OF CONDOMINIUM Or MUNICIPAL No. 8420 MONTROSE ROAD BONO PARTS OF LOTS 3 AND 4 REGISTERED PLAN No. 94 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA sou I., E KIRKUP URE SURVEONG LTD. 0.60 WV 4.112.010 METRIC "MSS MTN ON net RAW S PLAN MEW tuimaRAnNa CONFIGURATION OF UNITS ON LEMGS 2 AND 3 ADDRIONAL INFORMATION REQUIRED UNDER SCHEDULE OF LAND USE SECTION 51 0 OF THE PLANNING ACT. a 00 1112 KAN 4) 2) KC 20100a V. UR 0 =MN 0 sir WA 4 ma IVA h.) Ott 0 22.24 PDS WVOI 30.10 fa .024 0.00? 11302231) 231202070 mum As CO.1.1. mu, MM. 26.1.1 COMMERCIAL RES/DENT/AL CONDOMINIUM APARTMENT 8U/CDINC S 0 T TANDARD CONDO N N 1 I. 0 wive 114-70-200 L Z)Lr" UNIT r-=LCIL REPRESENTATIVE VERTICAL SECTION ILLUSTRATNG TYPICAL U SOUNDARIES (s0.m3 COVERAGE (2) BURR* AREA 711.1 40.0 0203 2 02% 00071 me Wary 22.2. OfIT...0 AM AMMO 1.201.2 2.1.2 40111.011. 1.12.52.2 403 33103 I 1020 UNITS E001100 RE:XITIAL APARTMENT SURGING 219.2LT. COMM 12.2..0227 I, mamma mms TOTAL 22010CY 12 &mei was I PARKING 25 MING PARIGNG SPACES TOTAL 20 1 MCC 110.121 VCR O02170 MP= 310/201 RESIDENTIAL Nerle'CICrE 132. ELEVATION NOTE 110011000 11.10 MOM AM RUMP, TO Crft Cf 04. CCOOLTIC C.110 20. *WC 100.0. IMMO AN BMW. I.27.22 BEARING NOTE aa aaa Lama TO 07 AID. PlArlITA.%.3 A 011110307. LEGEND SURVEYOR'S CERTIFICATE 470.1 .221 .1 NED" 204 &Germ CAA, TY 21.2,00. LOC .41200 1,070/012 COMM,. ITU RESIDENTIAL REPRESENTATIVE SOUTN/NORIN SECTION TO ILLUSTRATE VEFMCALRELATIONSHIP OF LEVELS 1 KKR COM' INT I.C.0002 Of 11K WO ID 22 00C.X0 0:022CILT 010102. KEY PLAN C.D.. DR. BADGER RD. I I e :11 C I, 2n10 ."1 3■11..N2 NAT a. FUN .Y00 r=0c e• OWNER'S CERTIFICATE AS7 nionrorolo' =Tar.* r,..--- C001111(EW MC OW Or IOWA 011.2. KIRKUP TJRE SURVEYING LTD. 410110 ONFAMO LAND SURVETORS OA 02-10 71440142 41 0.1071002303-3000. October 29, 2007 BDD- 2007 -05 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagarapalls Re: BDD- 2007 -05 Niagara Convention Civic Centre RECOMMENDATION: 1. That Council authorize staff to issue an Request for Proposal (RFP) for the selection of a project and program management firm. 2. That the City accept the assignment from Niagara Convention and Civic Centre Inc. of the option to purchase approximately 2.62 acres of land fronting on the west side of Stanley Avenue, located approximately 1,190 feet from the north west corner of the intersection of Stanley Avenue and Dunn Street, in the City of Niagara Falls, from The Monastery of Mount Carmel and that the Mayor and Clerk be authorized to execute any and all documentation required to accomplish this end. 3. That the City accept the assignment from Niagara Convention and Civic Centre Inc. of the option to purchase approximately 4.0 acres of land fronting on the west side of Stanley Avenue, located approximately 900 feet from the north west corner of the intersection of Stanley Avenue and Dunn Street, in the City of Niagara Falls, from 1149948 Ontario Limited (Alfredo Varalli and Anthony Zappitelli) and that the Mayor and Clerk be authorized to execute any and all documentation required to accomplish this end. 4. That the City accept the pledge of the Board of Management of the Fallsview Business Improvement Area to contribute $15,000,000.00 towards the operation of the Niagara Falls Convention and Civic Centre by way of annual installments of $1,000,000.00, for a period of 15 years and that the Mayor and Clerk be authorized to execute any and all documentation required to accomplish this end. 5. That the City accept the pledge of the Board of Management of the Victoria Centre Business Improvement Area to contribute $1,500,000.00 towards the operation of the Niagara Falls Convention and Civic Centre by way of annual installments of $100,000.00, for a period of 15 years and that the Mayor and Clerk be authorized to execute any and all documentation required to accomplish this end. Working Together to Serve Our Community Business Development October 29, 2007 2 BDD- 2007 -05 BACKGROUND: One of the key goals for the city has been to establish Niagara Falls as a year round tourism destination. It has been determined that a critical piece of infrastructure needed to achieve this goal is the development of a Convention Centre. Such a facility would serve as a catalyst to increase visitation, visitor expenditure and length of stay, thereby stimulating economic activity and growth in the City, resulting in the protection and enhancement of employment opportunities. Over the years the city has been involved supporting and participating in efforts related to convention centre development. City Council engaged PKF to undertake a feasibility study which detailed the economic impact, marketing strategies, planning and development, funding model and site selection for a convention centre. As a result of market conditions impacting the tourism industry, the development of a convention centre was seen by tourism stakeholders as a key priority to compete in today's marketplace. Tourism stakeholders felt so strongly about the need for a convention centre that they had taken a lead role in the project. Over the past two years, tourism stakeholders, particularly the Fallsview and Victoria Centre BIA's, have undertaken efforts to accelerate the effort to bring this project to fruition. The BIA's had appointed Dr. Dragan Matovic to represent the private sector interest and to manage the Niagara Convention and Civic Centre (NCCC) project. The BIA also secured the services of Ed Lustig to provide legal services and advice. At the Community Services meeting of July 10, 2006, Dr. Dragan Matovic sent Council a letter highlighting the efforts of the Convention Centre project team as follows: 1. In 2004 the Fallsview BIA engaged PKF to update their 2001 Convention Centre study. The updated study confirmed the compelling economic benefits that would be delivered from such a facility. The key highlights are: Benefits to the Accommodation Sector The convention centre will increase the city wide occupancy levels by as much as 5% on an annual basis. Visitor Impact The convention centre will generate 173,000 new room nights and $22.6 million in room revenue annually. 70% of this new demand will occur during the September to May period. By Year 3 the NCCC will generate over 514,000 visitors per year, half of which will be new visitors to the Region. $93 million in new expenditures annually (excluding gaming), 75% outside of the accommodation sector. 1,000 person years of employment. Impact on Provincial and Federal Government October 29, 2007 3 The Province would receive over $45 million from NCCC's first five years of operation. The Federal Government would receive over $75 million from NCCC's first five years of operation. The Niagara Convention Civic Centre Development Program The facility is projected to be 231,000 sq. ft. segmented as follows: Main Exhibit Hall 100,000 sq. ft. Meeting space 31,000 sq. ft. Support space 100,000 sq. ft. Total 231,000 sq. ft. Funding Model Capital Budget Federal Government Provincial Government Falls Management Company (FMC) Fallsview BIA Sub -total Capital Budget Operating Budget Fallsview BIA Victoria /Centre BIA Other Stakeholders Sub -total Operating 35 million 35 million 15 million 2 million 13 million 1.5 million 0.5 million $87 million $15 million Total $102 million The PKF study identified that the tax exempt status for the convention centre was an integral component of the financial model and the centre's economic success. The tax exempt status would be achieved by structuring the convention centre as a capital municipal facility as allowed under the Municipal Act. Under this model, the city would own the convention centre building and site, and would lease out the operation of the centre to Niagara Convention Civic Centre Inc. 4. An option for the main 4 acre site of land had been obtained. BDD- 2007 -05 2. The Fallsview BIA and Victoria Centre BIA's are using a corporation called Niagara Convention and Civic Centre Inc. as a vehicle for this project. 3. A site selection RFP process was successfully concluded confirming the preferred site for the convention centre. 5. The Fallsview BIA has passed a resolution committing itself to the expenditure of $15,000,000 for capital and operational funding for the project October 29, 2007 4 BDD- 2007 -05 6. The Victoria Centre BIA passed a resolution committing itself to the expenditure of $1,500,000 for the same purposes. The correspondence requested Council to support the project team's effort to engage the Provincial and Federal government to secure financial support for the Convention Civic Centre. The following motion was ratified in open Council. "That the Council support the project team efforts to engage the Federal and Provincial Government and its agencies for financial support of the Convention Centre Project." Over the next several months, the following project milestones were achieved: An option agreement was secured with the Monastery of Mount Carmel for 2.62 acres located adjacent to the 4 acre parcel creating a core building site of 6.62 acres. An agreement with the Region of Niagara to lease their 20 acre parcel for parking located behind the 6.62 acre parcel. Negotiations commenced with Hydro One to obtain an option for the hydro right of -way which separates the 6.62 acre parcel and Regional lands as identified on the attached illustration. Both the Provincial and Federal Government announced their respective contributions of $35 million towards the development of the Convention Centre project. FMC has also committed the attractor funds to the Convention Centre project. Implementation Phase: Now that the required funding has been committed, the project will move into the implementation phase. As the facility will be a capital municipal facility, all capital funds outlined earlier in the report will be directed to the municipality. The City's role will be to oversee the construction of the Convention Centre and own the Project. In this regard, the City has established a project team that is working closely with representatives of NCCC Inc., Dr. Dragan Matovic and Ed Lustig. A series of legal agreements are required as part of the development as outlined below: 1. The Municipal Capital Facility Agreement. In this Agreement, the City will commit to establishing the Convention Centre as a Municipal Capital Facility. When the Convention Centre has the status of a Municipal Capital Facility, it is not subject to municipal taxation. October 29, 2007 5 BDD- 2007 -05 2. The Convention Centre Lease and Operating Agreement. This Agreement will govern the use of the property and define the relationship between the City and the operator of the Convention Centre. In order for the Convention Centre to be operated as a Municipal Capital Facility, there has to be a Lease and it has to be owned by the City. 3. The Federal Funding Agreement. Staff anticipates that the Federal Government will require the City to make certain commitments before advancing its share of the funding for the Convention Centre. These commitments are likely to involve some specified degree of oversight of the financial management of the Convention Centre (such as requiring that the City be provided with annual Financial Statements). 4. The Provincial Funding Agreement. Staff anticipates that the Provincial Government will require the City to make certain commitments before advancing its share of the funding for the Convention Centre. These commitments are likely to involve some specified degree of oversight of the financial management of the Convention Centre. 5. The Fallsview Business Improvement Area Pledge Agreement. In this Agreement the Board of Management of the Fallsview Business Improvement Area acknowledge and pledge to make its specified financial commitment ($15,000,000 over fifteen years). 6. The Victoria Centre Business Improvement Area Pledge Agreement. In this Agreement the Board of Management of the Victoria Centre Business Improvement Area acknowledge and pledge to make its specified financial commitment ($1,500,000 over fifteen years). 7 An Acknowledgment for Falls Management Corporation. Staff anticipates that Falls Management Corporation will want an Acknowledgment from the City that Falls Management Corporation can present to Ontario Lottery and Gaming (OLG) in order to satisfy OLG that Falls Management Corporation has fulfilled this part of the commitment it made at the time it received the Contract to operate the Niagara Falls Casinos. The commitment is for a one time payment of $15,000,000. 8. The Project Contract with the Project /Program Management firm who will oversee the construction of the building on behalf of the City. 9. The Construction Contract for the Convention Centre. 10. The Assignment of the Option to Purchase the lands of 1149948 Ontario Limited. More details on this Option (see Attachment A) 11. The Assignment of the Option to Purchase the lands of the Monastery of Mount Carmel. More details on this Option (See Attachment A). 12. The Agreements of Purchase and Sale required to complete the transactions related to the Options described in paragraphs 10 and 11 above. October 29, 2007 6 BDD- 2007 -05 13. A Lease with Hydro One Networks Inc. permitting the City to use the Hydro corridor immediately abutting the lands to be purchased to the east, pursuant to the Agreements of Purchase and Sale described in paragraph 12. This Lease is intended to enable the City to use the Hydro corridor for a parking lot and vehicle access in connection with the Convention Centre. 14. A Lease with the Region of Niagara. The Region of Niagara owns a 20 acre parcel of land immediately to the east of the Hydro corridor. The Convention Centre project requires this area for use as a parking lot. This Lease will enable the City to secure the use of those lands for a parking lot. Project/Program Management Firm In order to move the project into the construction phase in a truly efficient and effective manner, staff is recommending to secure the services of a project/program management firm. The firm will provide the necessary services and fulfill multiple needs of the Convention Centre project team throughout the construction phase. The project management firm will have the necessary capacity and expertise to guide the project from pre- construction to completion. The successful firm will provide the following services: Project Implementation Planning Management of Construction Procurement Management Contract Administration Project Financial Management Risk Management Project Due Diligence Review Project Management Process Audit Staff wishes to proceed with the RFP process immediately to retain the project management firm in order to begin the construction process for the new Niagara Convention and Civic Centre. Funds to cover the fees of the project/program management firm and the land acquisitions will come from the capital funds secured to date. Recommended by: SF/1w Attachments (2) Serge Felicetti, Director of Business Development Cost Management Process Cost Management Planning Cost Control Reporting Project Cost Accounting Project Planning Schedule Development Schedule Monitoring Reporting Ability to Evaluate, Recommend and Guide Contractors Respectfully submitted: /1�'� ohn MacDonald, Chief Administrative Officer Attachment A The following are the details of the Option and Pledge Agreements that City Staff is recommending that the City execute at this time. Principals: Area: Price to Purchase Land: Price to Exercise Option: Expiry Date of Option: Sale Completion Date: Conditions: Principals: Area: Price to Purchase Land: Price to Exercise Option: Expiry Date of Option: Sale Completion Date: DETAILS OF THE MOUNT CARMEL MONASTERY OPTION Carmelite Fathers Approximately 2.62 acres $1,000,000 per acre $100,000 December 31, 2007 180 days from the date the Option is exercised A restrictive covenant must be registered in favour of neighbouring lands requiring the City to begin construction of a minimum 200,000 square foot Convention Centre within ten months of closing The City must provide the Vendor with an Option to repurchase the subject property for $1,000,000 per acre, should the City fail to commence construction of the Convention Centre within ten months of closing DETAILS OF 1149948 ONTARIO LIMITED OPTION Alfredo Varalli Anthony Zappitelli Approximately 4 acres $1,000,000 per acre $100,000 December 31, 2007 120 days from the date the Option is exercised Conditions: A restrictive covenant must be registered in favour of neighbouring lands requiring the City to begin construction of a minimum 200,000 square foot Convention Centre within ten months of closing The City must provide the Vendor with an Option to repurchase the subject property for $1,000,000 per acre, should the City fail to commence construction of the Convention Centre within ten months of closing Carmelites Property 1149948 Ontario Limited Property Parks Hydro Lands r City of Niagara Falls Proposed Convention Centre Area Niag<ed ci Fs Hydro Corridor Properties 0 100 m Universal Transverse Mercator Zone 17 (N) Printed at 8/10/2007 K: \GIS_ Requests \2007\ Custom\ Internal\ Municipal _Works\ Proposed_Convention Centre.map City of Niagara Falls Clerks Dept. c/o Dean Iorfida Yours in Optimism op„GARA FAL OPTIMISTS October 15 2007 Since 1954, the Optimist Clubs have recognized the accomplishments of youth in the home, school church and the community. Every November the Optimist Club of Niagara Falls honors the youth of our city for their talents in the Arts Academics Athletics or for their contributions to the community through volunteering or involvement. In conjunction with our annual Youth Appreciation Awards Night we ask that you issue a proclamation, proclaiming the week of November 18-24 2007 as Youth Appreciation Week" in the City of Niagara Falls. We thank you in advance for this undertaking. Michael Carey Youth Activities Programs Chairman THE OPTIMIST CLUB OF NIAGARA FALLS P.O. Box 124, 4751 Dorchester Road, Niagara Falls, Ontario L2E 6S8 Phone: 905 358 -0033 Fax: 905 358 -9661 Know who to turn to I CANADIAN DIABETES ASSOCIATION ASSOCIATION CANADIENN E DU DIABETE Proclamation of Diabetes Awareness Month World Diabetes Day: WHEREAS Diabetes is a serious condition affecting more than two million Canadians and is a leading cause of death by disease, and WHEREAS There is a great need to raise funds for research into better methods of treatment, and ultimately a cure, and WHEREAS The Canadian Diabetes Association is focusing public attention on the need for funds for diabetes research, education, service and advocacy. THEREFORE I hereby proclaim the month of November 2007 as "Diabetes Awareness Month" in the City of Niagara Falls. Dated at (your city), this (day) day of (month), 200. If the municipality has already proclaimed November in the name of another charity, please proclaim November 14 as World Diabetes Day. Community Services Department Transportation Services Inter Department Memorandum TO: His Worship Mayor Ted Salci and Members of Council FROM: Karl Dren Director of Transportation Services Ext. 4509 RE: Official Date for Toys for Tickets December 10 11, 2007 I trust this information is satisfactory. Working Together to Serve Our Community Niagaa�aJk DATE: October 29, 2007 Council at it's meeting of October 15, 2007, approved a change to the date for the Toys for Ticket campaign from Dec. 3 4, 2007 to Dec. 17 18, 2007. Although it is recognized that this would put the date closer to the holiday season, further discussions with the charitable agencies, the Salvation Army and Project Share, revealed that December 10 11, 2007 would be latest date possible for the gifts to be collected by the agencies and sorted /assigned. These new dates would be enough into the holiday season so as to capture the seasons' charitable environment. Therefore, staff is recommending that December 10 11, 2007, be the dates for acceptance of the Toys for Tickets. October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -40 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION: That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. BACKGROUND: Niagara,Falls C A N A D A F- 2007 -40 Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or cleA" al error was made. Recommended by: Approved by: Respectfully submitted: A. Felicetti Todd arrison, ting Director of Financial Services Ken Burden, Acting Executive Director of Corporate Services 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca n MacDonald, Chief Administrative Officer Working Together to Serve Our Community Corporate Services Department Finance Appl. Name and Address of Applicant Taxation Year Reason for Application Reduction Amount 2007 -41 Canadian Specialty Casting, PO Box 838, Niagara Falls, ON L2E 6V6 2007 Damaged by fire demolition or otherwise $980.52 2007 -50 2071507 Ontario Inc, 2155 Leanne Blvd, Missisauga, ON L5K 2K8 2007 Repairs /renovations preventing normal use for a period of 3 months $2,804.02 2007 -4 Hoco Limited, PO Box 60, Stn Main, Niagara Falls, ON L2E 6S8 2007 Damaged by fire demolition or otherwise $9.82 2007 -51 942219 Ontario Inc, 9 Burgar St, Suite 204, Welland, ON L3B 2S6 2007 Damaged by fire demolition or otherwise $13,227.23 2007 -51 942219 Ontario Inc, 9 Burgar St, Suite 204, Welland, ON L3B 2S6 2006 Dama b fire demoliti or o $6,860.91 2007 -52 Beefeater (Niagara) Limited, 4943 Clifton Hill, Niagara Falls ON L2G 3N5 2007 Dama b fire demolition or o $1,114.65 2007 -53 Grisafi, Carmelo in Trust, 6246 Marcel Cres, Niagara Falls, ON L2E 7M5 2007 Dama b fire demolitio or o $1,002.53 2007 -54 Grisafi, Carmelo, 5246 Marcel Cres, Niagara Falls, ON L2E 7M5 2007 Damaged by fire, demolition or otherwise $639.77 2007 -55 Great Land (Niagara Falls) Inc, 202A Oakdale Rd, Suite 6, Toronto, ON 2007 Dama b fire demoliti or o $4,099.20 2007 -56 Great Land (Niagara Falls) Inc, 202A Oakdale Rd, Suite 6, Toronto, ON 2007 Dama b fire demolition or othe $1,097.44 2007 -69 Great Land (Niagara Falls) Inc, 202A Oakdale Rd, Suite 6, Toronto, ON 2007 Damaged by fire demolition or otherwise $2,360.08 2007 -7 876891 Ontario Limited t/a Day's Inn Overlooking The Falls, 6361 Buchanan Ave, Niagara Falls, ON L2G 3V9 2007 Damaged by fire demolition or otherwise $24,204.73 2006 -71 Tran Anh Ngoc, c/o Home Alone Property Management, 10 Ann St, Mississauga, ON L2G 3E6 2006 Damaged by fire demolition or otherwise $0.00 2007 -57 1578891 Ontario Ltd, 3350 Merritville Hwy, Unit 9, Thorold, ON L2V 4Y6 2007 Damaged by fire demolition or otherwise $6,915.75 2007 -57B 1578891 Ontario Ltd, 3350 Merritville Hwy, Unit 9, Thorold, ON L2V 4Y6 2006 Damaged by f re demolition or otherwise $9,073.50 2007 -57A 1578891 Ontario Ltd, 3350 Merritville Hwy, Unit 9 Thorold, ON L2V 4Y6 2005 Damaged by fire demolition or otherwise $12,871.30 2007 -58 Hodgson, Dorothy Elene, 5760 Lowell Ave, Niagara Falls, ON L2G 4E5 2007 Damaged by fire demolition or otherwise $876.81 2006 -72 Hodgson, Dorothy Elene, 5760 Lowell Ave, Niagara Falls, ON L2G 4E5 2006 Damaged by fire demolition or otherwise $143.35 2007 -75 Pack, Lee, 6767 Crawford St, Niagara Falls, ON L2E 5Z6 2006 Damaged by fire, demolition or otherwise $23.01 2006 -115 Ives, Pauline, 6165 Perkins St, Niagara Falls, ON L2E 5R9 2006 Ceased to be liable to be taxed at rate it was taxed ($492.68; 2006 -1158 Ives, Pauline, 6165 Perkins St, Niagara Falls, ON L2E 5R9 2005 Ceased to be liable to be taxed at rate it was taxed $290.07 2006 -115A Ives, Pauline, 6165 Perkins St, Niagara Falls, ON L2E 5R9 2004 Ceased to be liable to be taxed at rate it was taxed $220.38 2007 -59 Corporation of The City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2007 Became exempt $1,375.34 2007 -60 District School Board of Niagara, 191 Carlton St, St. Catharines, ON L2R 7P4 2007 Became exem $1,753.63 2006 -76 District School Board of Niagara, 191 Carlton St, St. Catharines, ON L2R 7P4 2006 Became exem $639.21 2007 -71 District School Board of Niagara, 191 Carlton St, St. Catharines, ON L2R 7P4 2007 Became exempt $1,598.95 2006 -77 John Theodore Shuttler, 6530 Frederica St, Niagara Falls, ON L2G 1C8 2006 Ceased to be liable to be taxed at rate it was taxed $958.78 2006 -77A John Theodore Shuttler, 6530 Frederica St, Niagara Falls, ON L2G 1C8 2005 Ceased to be liable to be taxed a t ra it was t $1,056.06 2006 -77B John Theodore Shuttler, 6530 Frederica St, Niagara Falls, ON L2G 1C8 2004 Ceased to be liable to be t a t ra it was t $1,193.50 2006 -78 The Governing Council of Army in Canada, 371 King St, London, ON M6B 1S4 2006 Damaged b fire demolition or oth $0,00 2006 -61B Barnett, Steven Dell, 5665 Prince Edward Ave, Niagara Falls, ON L2G 5J1 2005 Gross or manifest cle error $339.10 2007 -61 Barnett, Steven Dell, 5665 Prince Edward Ave, Niagara Falls, ON L2G 5J1 2004 Gross or manifest clerical error $328.39 2007 -14 Malmer Holdings Ltd, 4 McClure Cres, Thorold, ON L2V 4B6 2007 Damaged by fire demolition or otherwise $14,137.42 2007 -62 Krkljus, Milka, 3260 Sherk Rd, Niagara Falls, ON L2E 6S6 2007 Damaged by fire demolition or otherwise $795.52 2006 -79 Kevin Terry Battista, 6369 Murrary St, Niagara Falls, ON L2G 2K8 2006 Damaged by fire demolition or otherwise $7.59 2006 -80 William Lillian Porkolab, 6377 Murray St, Niagara Falls, ON 2006 Damaged by fire demolition or otherwise $3.79 2007 -15 Homak, Peter 7774 Chamwood Ave, Niagara Falls, ON L2H 3E2 2007 Ceased to be liable to be taxed at rate it was taxed_ $0.00 2007 -16 Niagara Falls City, c/o Niagara Falls Boys Girls Club, 6681 Culp St, Niagara Falls, ON L2G 2C5 2007 Became exempt $21,776.05 2007 -63 Reda, Giovanni, 1750 Mountain Rd Kelowna, BC V1Y 7H9 2007 Damaged by fire demolition or otherwise $437.77 2007 -64 Feliciano Pingue Sons Construction Ltd, 6440 Montrose Rd, Niagara Falls, ON L2H 1L9 2007 Damaged by fire demolition or otherwise $473.36 2007 -65 Feliciano Pingue Sons Construction Ltd, 6440 Montrose Rd, Niagara Falls, ON L2H 1 L9 2007 Damaged by fire demolition or otherwise 5534.05 2007 -66 1184436 Ontario Limited, 4777 Kent Ave, Niagara Falls, ON L2H 1J5 2007 Ceased to be liable to be taxed at rate it was taxed $28,809.82 2007 -27 Stewal Holdings Ltd, 4060 Montrose Rd, Niagara Falls, ON L2H 1J9 2007 Damaged by fire demolition or otherwise $1,051.14 2006 -102 Stewal Holdings Ltd, 4060 Montrose Rd, Niagara Falls, ON L2H 1J9 2006 Damaged by fire demolition or otherwise $102.83 2007 -28 Walker Brothers Quarries Limited, PO Box 100, Stn Main, Thorold, ON L2V 3Y8 2007 Damaged by fire demolition or otherwise $1,470.80 2006 -103 Walker Brothers Quarries Limited, PO Box 100, Stn Main, Thorold, ON L2V 3Y8 2006 Damaged by fire demolition or otherwise Damaged by fire demolition or otherwise $285.53 $1,513.37 2007 -31 1473944 Ontario Limited, 353 Townline Road, Niagara -on- the -Lake, ON LOS 1J0 2007 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her /his records. Page 1 Appl. Name and Address of Applicant Taxation Year Reason for Application Reduction Amount 2007 -310 1473944 Ontario Limited, 353 Townline Road, Niagara -on- the -Lake, ON LOS 1J0 2006 Damaged by fire, demolition or otherwise $40.57 2007 -32 1473944 Ontario Limited, 353 Townline Road, Niagara -on- the -Lake, ON LOS 1J0 2007 Damaged by fire, demolition or otherwise $1,500.16 2007 -32B 1473944 Ontario Limited, 353 Townline Road, Niagara -on- the -Lake, ON LOS 1J0 2006 Damaged by fire, demolition or otherwise $40.22 2007 -37 1149962 Ontario Limited, 6225 Progress St, Niagara Falls, ON L2E 6Z2 2007 Damaged by fire, demolition or otherwise $17,217.65 2007 -48 1019536 Ontario Ltd, 4 McClure Cres, Thorold, ON L2V 4B6 2007 Damaged by fire, demolition or otherwise $570.29 2007 -115 RRVP Niagara Square Inc c/o Riocan Property Services, 700 Lawrence Ave West, Suite 315, Toronto, ON M6A 31 2007 Damaged by fire, demolition or otherwise $119,083.33 2007 -40 City of Niagara Falls, PO Box 1023, 4310 Queen St, Niagara Falls, ON L2E 6X5 2007 Became exempt $388,98 2007 -40B City of Niagara Falls, PO Box 1023, 4310 Queen St, Niagara Falls, ON L2E 6X5 2006 Gross or manifest clerical error $304.49 2007 -40A City of Niagara Falls, PO Box 1023, 4310 Queen St, Niagara Falls, ON L2E 6X5 2005 Gross or manifest clerical error $239.33 2007 -70 1546952 Ontario Limited, 8921 Sodom Rd, Niagara Falls, ON L2E 6S6 2007 Gross or manifest clerical error $0.00 2006 -109 1546952 Ontario Limited, 8921 Sodom Rd, Niagara Falls, ON L2E 6S6 2006 Gross or manifest clerical error $0.00 2007 -46 GN Global Investments Ltd, 5 Lascelles Blvd, Brampton, ON L6S 3T2 2007 Damaged by fire, demolition or otherwise $0.00 2007 -46B GN Global Investments Ltd, 5 Lascelles Blvd, Brampton, ON L6S 3T2 2006 Damaged by fire, demolition or otherwise $0.00 2007 -73A 886998 Ontario Inc, 6442 Ainsle Cres, Niagara Falls, ON L2G 5R9 2005 Gross or manifest clerical error $28,150.62 2007 -73AA 886998 Ontario Inc, 6442 Ainsle Cres, Niagara Falls, ON L2G 5R9 2004 Gross or manifest clerical error $27,059.56 Total $363,559.59 Approved this 29th day of October, 2007 TED SALCI, MAYOR [*Any individual items not approved must be struck out and initialed.] APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her /his records. DEAN IORFIDA, CITY CLERK Page 2 Report No. F- 2007 -40 October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: The following indicates the tenders received: Niag araflalls CANADA Re: FS- 2007 -06 Purchase of Rescue Truck for Fire Services FS- 2007 -06 That Council approves the purchase of a Rescue Truck and associated equipment from Metz Fire and Rescue at a cost of $483,820.10 (plus applicable taxes). In past years, there have been requests from fire fighting personnel to become actively involved in selection and purchasing process of fire apparatus. Approximately three years ago, we began a lengthy process of appointing an apparatus committee composed of interested individuals from our suppression section, mechanical section and Supply and Services section. Our committee became educated through product research, meetings with mechanics and manufacturers, attending trade shows and benefiting from internal expertise and experience. The recommendation is a result of a teamwork and cooperation to achieve the best vehicle that meets our needs given budgetary considerations. A rescue truck has historically been a specialty vehicle that carried technical equipment such as water rescue gear, hydraulic /pneumatic and hand operated extrication tools, ventilation tools, etc. The limitation of this vehicle was that it did not carry water or have a pump. The design of this new vehicle has incorporated a pump and water so it will have the capability to perform additional emergency scene activities itself. This will provide more flexibility in crew assignments and increase overall capabilities of the department. The new truck will allow us to retire our 1989 Rescue 2 vehicle. Dealer Name Eastway Emergency Vehicles Metz Fire and Rescue Darch Fire Dependable Emergency Price $498,792.18 $549,902.56 $590,080.72 $626,287.22 10 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Fire Services October 29, 2007 2 FS- 2007 -06 The Metz Fire and Rescue bid was the second lowest and is recommended, as Eastway Emergency Vehicles did not meet the specifications and did not receive favourable reports from existing owners of their equipment. Once the successful bidder was selected and in order to bring the project in line with Capital projections, some of the equipment included in the specifications was eliminated, thus reducing the bid price. Funding for this project was provided from debentures and development charges as outlined in the 2007 Capital budget. Recommended by: Respectfully submitted: b LSmith:tc Lee Smith, Fire Chief a= John MacDonald, Chie A ministrative Officer October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS- 2007 -07 Purchase of Pumper Truck for Fire Services RECOMMENDATION: BACKGROUND: The following indicates the tenders received: Niagaraaalls C A N A D A Working Together to Serve Our Community FS- 2007 -07 That Council approves the purchase of a Pumper Truck and associated equipment from Metz Fire and Rescue at a cost of $461,377.00 (plus applicable taxes). In past years, there have been requests from fire fighting personnel to become actively involved in selection and purchasing process of fire apparatus. Approximately three years ago, we began a lengthy process of appointing an apparatus committee composed of interested individuals from our suppression section, mechanical section and Supply and Services section. Our committee became educated through product research, meetings with mechanics and manufacturers, attending trade shows and benefiting from internal expertise and experience. The recommendation is a result of a teamwork and cooperation to achieve the best vehicle that meets our needs given budgetary considerations. The specifications design process focused on safety personnel within the vehicle while responding and while operating the vehicle at emergency scenes. Pumper trucks are our primary response vehicle within the fire department. They perform water pumping through multiple lines, carry quantities of various size of hose and have equipment storage for a variety of response types. The new vehicle will allow us to retire our 1986 Reserve Pumper 3. Dealer Name Resqtech Systems Metz Fire and Rescue Thibeault and Associates Darch Fire Dependable Emergency Price $561,957.00 $580,363.78 $619,485.23 $626,315.84 4310 Queen Street, P0. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Fire Services October 29, 2007 2 FS- 2007 -07 The Metz Fire and Rescue bid was the second lowest and is recommended as Resqtech did not meet the specifications, including being out of specification on single source cab and chassis, braking system, type of required compartment doors and number of anchor point receivers. Once the successful bidder was selected and in order to bring the project in line with Capital projections, some of the equipment included in the specifications was eliminated, thus reducing the bid price. Funding for this project was provided from debentures and development charges as outlined in the 2006 and 2007 Capital budgets. Included in the tender document is the provision to purchase an additional pumper truck, which has been identified for the 2008 Capital budget. Recommended by: Respectfully submitted: LSmith:tc Lee Smith, Fife Chief John MacDonald, Chief Administrative Officer October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falis, Ontario Members: RECOMMENDATION: BACKGROUND: The following indicates the tenders received: Niag arajlails C A N A D A Re: FS- 2007 -08 Purchase of Aerial Truck for Fire Services FS- 2007 -08 That Council approves the purchase of a 100 ft. Aerial Platform fire apparatus from Sutphen Corporation at a cost of $1,129,307.93 (plus applicable taxes). In past years, there have been requests from fire fighting personnel to become actively involved in the selection and purchasing process of fire apparatus. Approximately three years ago, we began a lengthy process of appointing an apparatus committee composed of interested individuals from our suppression section, mechanical section and Supply and Services section. Our committee became educated through product research, meetings with mechanics and manufacturers, attending trade shows and benefiting from internal expertise and experience. The recommendation is a result of a teamwork and cooperation to achieve the best vehicle that meets our needs given budgetary considerations. An aerial apparatus is an essential piece of fire equipment for numerous emergency response types in Niagara Falls. Examples include rescue from outside or tops of buildings and structures, elevated master water streams that can be remotely controlled and deliver massive amounts of water to a fire, reconnaissance from various angles at collapse situations, etc. The aerial truck also performs most of the functions of a pumper truck. The new apparatus will replace a 1989 Thibault Skypod aerial platform truck. Dealer Name Metz Fire and Rescue Thibault and Associates Darch Fire Sutphen Corporation Price $970,620.82 $897,924.70 (Demo) $1,054,594.00 $1,073,617.82 $1,188,768.00 reet, P.O. Box 1023, Niagara Falis, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Fire Services October 29, 2007 2 FS- 2007 -08 An excerpt from the tender document that indicates selection criteria is included below. "Instructions to Bidders 30. Evaluation of Tenders Received a) Tenders submitted will be evaluated by an evaluation committee consisting of selected staff from the Corporation including Fire Services Staff and all other tenders will be evaluated on the criteria as stated below. The total rendered price(s) will not be sole or governing criteria for the purposes of selecting any successful tender submitted. Selection Criteria: 1. Completeness of tender submitted: i.e., to the degree of its response to all requirements and requests for information contained in this tender document and any exceptions or irregularities contained in the bidder's tender submission. 2. Compliance with the Instruction to Bidders and General Conditions. 3. Warranty and warranty details for all requirements stated by the bidder. 4. Total price for apparatus and pricing for accessory equipment. 5. Manufacturing and Delivery Schedule. 6. Apparatus Contractor's demonstrated capabilities and qualifications. 7. Accessory Equipment Supplier's and /or local representative's demonstrated capabilities and qualifications." The evaluation committee reviewed all submitted tenders as per the above criteria and selected the Sutphen bid. Some of the preferred features are listed below. 1. Aerial Structural warranty is 20 years (10 yr. std.) 2. Cab warranty is 10 years (5 yr. std.) 3. Body warranty is 10 years (5 yr. std.) 4. Paint warranty is 7 years (5 yr. std.) 5. Waterway warranty is 2 years (1 yr. std.) 6. In business for over 40 years 7. Aluminum aerial ladder 8. Already have a unit from this manufacturer. Mechanics and fire fighters provide positive feedback regarding performance. 9. Can be operated 15 degrees out of level 10. Stainless steel body 11. Lighter body saving on maintenance of the truck The Sutphen Corporation vehicle met the specification for a stainless steel body. The Sutphen Corporation apparatus can also operate 15 degrees out of level, which exceeds other bidders. This is a valuable feature for operating on steeply inclined roadways such as Clifton Hill and Bender Street. The Sutphen apparatus uses a unique Huck bolt design that eliminates welds on the aerial ladder, increasing rigidity and reducing inspection time. October 29, 2007 Recommended by: Respectfully submitted: LSmith:tc 3 Once the successful bidder was selected, and in order to bring the project in line with Capital projections, some of the equipment included in the specifications was eliminated, thus reducing the bid price. Funding for this project is provided from debentures and development charges as outlined in the 2006 and 2007 Capital budgets. k_ Lee Smith, Fire Chief John MacDonald, C Administrative Officer FS- 2007 -08 October 29, 2007 L- 2007 -48 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2007 -48 Release and Abandonment of Easement Part 3 on Reference Plan 59R -7614 Our File No.: 2007 -347 RECOMMENDATION: Niag araal1s C'�NADA That a Grant of Easement for the purpose of drainage of storm and surface water registered on title to Part Lot 20 Concession 2 Willoughby designated as Part 3 on Reference Plan 59R -7614 "subject lands be released. BACKGROUND: In 1996 The Corporation of the City of Niagara Falls (the "City entered into a Grant of Easement with Ronald Phillips and Joan Phillips "Phillips over the subject lands, as more particularly shown hatched on Attachment "1". The Grant of Easement was for the purpose of drainage of storm and surface water. Phillips applied to the Committee of Adjustment for a severance with respect to the property known municipally as 4625 Lyon's Parkway. As a result of the circulation of the Phillips application, Municipal Works advises that the subject lands are subject to a drainage easement to the City for maintenance purposes regarding drainage and landscaping. The results of a field inspection by City Staff indicated the relocation of a drainage ditch for the subject lands was in place and that the ditch no longer falls within the limits of the subject lands, which alleviates the requirement for the Easement to the municipality. The Committee of Adjustment decision included the condition that the City discharge the existing drainage Easement over the subject lands. Therefore the release from title of the Grant of Easement over the subject lands is recommended. RO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services October 29, 2007 Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Ken Beaman, City Solicitor John M V 2 K. E. Burden, Acting Director of Corporate Services L- 2007 -48 \n(1, 3Donald, Chief Administrat e Officer //46 D0 NOTE An found monumonfafion of record in the office of Matthews d Cameron LTD unless Otherwise stated. LEGEND -C� M ROUND IRON BARS 3/4" DIA. SHOWN THUS IRON BARS 5/8" z 24" SHOWN THUS STANDARD IRON BARS SHOWN THUS CONCRETE MONUMENTS SHOWN THUS IRON TUBES SHOWN THUS CUT CROSSES SHOWN THUS SHORT STANDARD IRON BARS SHOWN THUS FOUND SURVEY EVIDENCE SHOWN THUS (WIT) DENOTES WITNESSES (0.U.) ORIGIN UNKNOWN (MEC) MATTHEWS i CAMERON LTD. Y0 N:s r s 30. 12 3.'0 I ®i).1 5 O2f r sE 11 21 4.0 241511.1J9 7 SCHEDULE PART AREA WO Acres 4 0.14 Acres s 0.20 Acres 2 0.03 Acres s Port 2, Subject lo a right -of -way in favour of all those entitled thereto. yON' CREEK 52 -350 t SET LOT PtEb8l20 PI lot 20 0 98 uc rye -4- —I 42.87 IST 2453751 12-150 a SET N 353 E !REFERENCE BEARING) 5 11(2. 2)2) PARKWAY 4 0680' PRfVATE ROAD KNN AS LYONS i /Rem o:AAdc )NS r 695060 2 BEARING NOTE Bearings are os /ronom,c and ore referred /o /he A'x/`nsle¢ limit of the privo /e rood known as Lyons Parkway as stated in Ins! 245375, having D bearing of N 35 °38' E. CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT. INST. CON. LANDS UNDER LYON'S CREEK 695060 (Remainder! L yON'S fFp� Ec �JSar 1N yc fiE GRANTEE SCOTT, Gordon 8 780 CRE Av avr .S, s 8.'8 l8 0 f 0059209 SURVEYOR'S CERTIFICATE 10697(2' I IAT 1 THIS SURVEY AND THIS PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND 1 REGISTRY ACT AND THE REGUL %•TIONS MADE THERE- UNDER, 2 THE SURVEY WAS COMPLETED ON THE 2518 DAY OF MARCH 1 9 DATE 4 MATTHEWS CAMERON LTD. REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE REGISTRY ACT, Dr TE APRIL (6 1991 /0L J. LEGERR/ C. 5.T. OFFICES AT NW6002 FALLS L4ELL8.4:. ST. CATHAR84E3 NISI 358 -3493 14161 732 -5824 14151 687 -3300 14161384-2200 W�IGD Drelrr, LAKES C,0 0 UlLirr POLE HOC 3 0 07o PLAN 59 R -7o /4/ RECEIVED AND DEPOSITED DATE:�u DAP LAND REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA SOUTH CURVE DATA FOR PARTS 3 a 4 PLAN OF SURVEY OF PAR T OF TWP. LO TS /9 20, CONCESSION -3 AND PAR T OF THE LANDS UNDER LYON'S CREEK TOIVNSH/P OF WILLOUGYBY, NOW CITY OF NIAGARA FALLS ALLAN J. HEYW00D O.LS. L.L.N. 30436 CHECKED YEAR 199f 43.7.1. DRAWN S CAL E FI Z L egeny 4, AMEN N T RAO:US ARC CHORD 26ARI:IG i 333:79 24:59 24.'59 98049'20 "W 333.'79 13.'87 13:87 7485'0720"W 333:79 78:0 77.'82 2486 "E //46 D0 NOTE An found monumonfafion of record in the office of Matthews d Cameron LTD unless Otherwise stated. LEGEND -C� M ROUND IRON BARS 3/4" DIA. SHOWN THUS IRON BARS 5/8" z 24" SHOWN THUS STANDARD IRON BARS SHOWN THUS CONCRETE MONUMENTS SHOWN THUS IRON TUBES SHOWN THUS CUT CROSSES SHOWN THUS SHORT STANDARD IRON BARS SHOWN THUS FOUND SURVEY EVIDENCE SHOWN THUS (WIT) DENOTES WITNESSES (0.U.) ORIGIN UNKNOWN (MEC) MATTHEWS i CAMERON LTD. Y0 N:s r s 30. 12 3.'0 I ®i).1 5 O2f r sE 11 21 4.0 241511.1J9 7 SCHEDULE PART AREA WO Acres 4 0.14 Acres s 0.20 Acres 2 0.03 Acres s Port 2, Subject lo a right -of -way in favour of all those entitled thereto. yON' CREEK 52 -350 t SET LOT PtEb8l20 PI lot 20 0 98 uc rye -4- —I 42.87 IST 2453751 12-150 a SET N 353 E !REFERENCE BEARING) 5 11(2. 2)2) PARKWAY 4 0680' PRfVATE ROAD KNN AS LYONS i /Rem o:AAdc )NS r 695060 2 BEARING NOTE Bearings are os /ronom,c and ore referred /o /he A'x/`nsle¢ limit of the privo /e rood known as Lyons Parkway as stated in Ins! 245375, having D bearing of N 35 °38' E. CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT. INST. CON. LANDS UNDER LYON'S CREEK 695060 (Remainder! L yON'S fFp� Ec �JSar 1N yc fiE GRANTEE SCOTT, Gordon 8 780 CRE Av avr .S, s 8.'8 l8 0 f 0059209 SURVEYOR'S CERTIFICATE 10697(2' I IAT 1 THIS SURVEY AND THIS PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND 1 REGISTRY ACT AND THE REGUL %•TIONS MADE THERE- UNDER, 2 THE SURVEY WAS COMPLETED ON THE 2518 DAY OF MARCH 1 9 DATE 4 MATTHEWS CAMERON LTD. REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE REGISTRY ACT, Dr TE APRIL (6 1991 /0L J. LEGERR/ C. 5.T. OFFICES AT NW6002 FALLS L4ELL8.4:. ST. CATHAR84E3 NISI 358 -3493 14161 732 -5824 14151 687 -3300 14161384-2200 W�IGD Drelrr, LAKES C,0 0 UlLirr POLE HOC 3 0 07o PLAN 59 R -7o /4/ RECEIVED AND DEPOSITED DATE:�u DAP LAND REGISTRAR FOR THE REGISTRY DIVISION OF NIAGARA SOUTH CURVE DATA FOR PARTS 3 a 4 PLAN OF SURVEY OF PAR T OF TWP. LO TS /9 20, CONCESSION -3 AND PAR T OF THE LANDS UNDER LYON'S CREEK TOIVNSH/P OF WILLOUGYBY, NOW CITY OF NIAGARA FALLS ALLAN J. HEYW00D O.LS. L.L.N. 30436 CHECKED YEAR 199f 43.7.1. DRAWN S CAL E FI Z L egeny 4, AMEN N T October 29, 2007 MW- 2007 -110 Niag arafl CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW -2007- 110 Kalar Road Pump Station Environmental Assessment and Niagara Falls Pollution Control Plan Update Environmental Assessment Scope Change and Authorization to Pay Additional Fees RECOMMENDATION: That Council authorize the payment of additional consulting fees for the Kalar Road Pumping Station Environmental Assessment and the Niagara Falls Pollution Control Plan Update Environmental Assessment (EA) to CH2M Hill in the amounts of $30,000 and $80,000 respectively. BACKGROUND: The City of Niagara Falls engaged the services of CH2M Hill Consulting Engineers to prepare the environmental study reports for both the Kalar Road Pumping Station Sanitary Service Area EA and Niagara Falls Pollution Control Plan CSO Abatement Strategy Update in late 2005 in accordance with their proposals. Due to necessary modifications to the original scope of work the consultant's budgets have been exceeded significantly. The purpose of this report is to provide Council with the explanation and seek authorization for the payment of additional fees incurred as a result of the changes to the work plan which were beyond their control. Kalar Road Pump Station Sanitary Servicing Area EA City Council adopted the recommendations set out in report MW- 2007 -87 and included an additional direction for staff to provide Council with a proposed implementation plan for the preferred alternative. Staff has received notice from the Ministry of the Environment(MOE) that two (2) Part II Order Requests were filed within the 30 -day notification period from Ms. Jean Grandoni and Mr. John Bacher (on behalf of the Preservation of Agricultural Lands Society). At this time we are awaiting additional instructions from the MOE and any plans to implement the recommended works have been indefinitely delayed. The consultants have taken on additional tasks as a direct result of the Public process including modeling different alignment scenarios in the vicinity of Lexington Court, revision of the City's sewer model, and the provision of background documentatign and Community Services Department Municipal Works o ether to Serve Our Community 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca October 29, 2007 2 MW- 2007 -110 technical data, as a result of the Part II Order Requests. While the original proposal contemplated some additional effort, the consultants have already absorbed additional costs for extra meetings with residents and delays associated with the transfer of flow monitoring data from City staff. Niagara Falls Pollution Control Plan CSO Abatement Strategy This project, initiated in 2005, has experienced a number of delays and complications and as a result will not be finalized until late this year. The consultant experienced difficulty with the quality and quantity of data collected from the City's flow monitors which made it necessary to calibrate the sewer model a number of times to reflect more realistic conditions. Changes in City staff, new requirements for combined space entry training and delays with flow monitoring equipment have protracted the work plan over a 2 -year schedule. In addition, issues raised from appellants of the Kalar Road Pump Station EA have forced staff to focus on water quality in receiving streams adjacent to Combined Sewer Overflows (C SO'S) and an impact analysis of the recommendations evolving out of the recently publisned Residential and Employment Land Needs Analysis. Financial Considerations: The additional fees of up to 30,000 for the Kalar Road Pump Station should be charged to account 16 -3- 411000 040000 Operations Sanitary Sewer Contracted Services. The additional fees for the NFPCP CSO Study are to be shared on a 50% basis with the Region of Niagara. These fees should be charged to account 16 -3- 411000 040000 Operations Sanitary Sewer Contracted Services. Council's consideration of this matter is appreciated. Recommended by: Approved by: Respectfully submitted: Ho an, Director of Municipal nicipal Works Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Admi istrative Officer S: \REPORTS \2007 Reports \MW 2007 -110 Kalar Road PS EA Additional Fees.wpd October 29, 2007 MW- 2007 -124 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niag araf C A N A D A Re: MW- 2007 -124 Drinking Water Quality Management System Consulting Services Urban Environmental Management Inc. That Council authorize the engagement of Urban Environmental Management Inc. to assist in the preparation and implementation of the Operations Plan required under the Safe Drinking Water Act (2002) at an upset limit of $59,055.00 (plus GST) and; that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: At its meeting on September 24, 2007, City Council received report MW- 2007 -111 which provided some background information regarding the City's obligations under the Safe Drinking Water Act (2002). This legislation introduced new requirements for municipalities relating to the treatment and distribution of drinking water that ensures the competency of system operators. Staff requested a proposal from Urban Environmental Management Inc. (U.E.M.) to provide consultant services that will build on the outcomes from the ongoing Water Wastewater Services Delivery Review and incorporate these best practices into an Operations Plan that must be filed with the Ministry of the Environment by May1, 2009. The proposal outlines a five -step plan that will direct our staff to plan, budget, operate and audit every aspect of the City's water system and ensure operating compliance with the relevant legislation. U.E.M.'s experience and team of sub consultant's have been aggressively involved with the preparation and implementation of Operation Plans in other large and similar -size municipalities. Their local presence will be helpful in recognizing the unique demands we face when operating, maintaining and planning the timely replacement of our distribution system. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services DepartmE:nt Municipal Works October 29, 2007 2 MW- 2007 -124 This project can be funded from the Water Operations account 15 -3- 431000 030000 allocated in the 2007 Budget. With Council's authorization, the project will commence effective November 1, 2007 of this year. As per our policy a consultant services Agreement will be required. A copy of the proposal is attached for your reference. Recommended by: Approved by: Respectfully submitted: Geoff Ho an, C.E.T. irector of Municipal Works Ed Dujlovic, P.Eng xec utive Director of Community Services MacDonald, Chief Administrative Officer S: \REPORTS \2007 Reports \MW 2007 -124 DWQMS Consultant Report.wpd MagarahlAR Proposal for Consulting Services City of Niagara Falls Drinking Water Quality Management System Gap Analysis, Implementation Plan and Ongoing Implementation Assistance UE August 31, 2007 ENVIRONMENTAL MANAGEMENT INC, PROFESSIONAL CONSULTING SERVICES City of Niagara Fails Drinking Water Quality Management System: Niagaraifi Gap.Analysis,.lmplementation Plan and Ongoing Assistance 1.0 INTRODUCTION The Urban Environmental Management Inc. (UEM) Team is pleased to submit this Proposal for Professional Consulting Services Assistance to the City of Niagara Falls (City) in preparing its Drinking Water Quality Management System. The work plan outlined in the proposal includes completion of a DWQMS Gap Analysis of the City's drinking -water system and services, the development of a plan for implementation of the DWQMS, facilitation of DWQMS Implementation Team meetings for the duration of the implementation, and provision of assistance with the development of DWQMS procedures. Additional recommended DWQMS services are also outlined. 1.1 DWQMS Legislation The Safe Drinking Water Act (SDWA), 2002 was passed in response to the tainted -water tragedy at Walkerton, Ontario in May 2000. The SDWA aims to protect the health of Ontarians by applying stringent regulations to drinking -water systems in the province, and is part of a multi- pronged approach to water management in Ontario. UEM's approach to initiation of a DWQMS is to complete a thorough and detailed Gap Analysis that addresses all aspects of relevant legislation and to utilize the findings in an Implementation Plan. The City's Implementation Plan should clearly identify linkages with the Asset Management Program. Released in October 2006, the proposed Drinking Water Quality Management System (DWQMS) Standard provides a minimum set of requirements for the establishment and maintenance of a Quality Management System (QMS) for drinking water systems. A core concept of the DWQMS Standard is Deming's Continual Improvement Cycle (more commonly known as the "Plan—Do—Check—Act" cycle) that is a cornerstone of environmental, quality, and health and safety management standards. Figure 1 -1 lists the elements of the DWQMS under their respective "Plan-Do-- Check— Improve" headings. uEZ11 III Legislation in place ril Drinking Water 1— Quality Management Standard wir 1121Awaitin MOE Direction Figure 1 -2: Drinking -Water Licensing in Ontario is iyii;'».•: August 31, 2007 Figure 1 -1: MOE's DWQMS Standard Figure 1 -2 illustrates the framework of MOE's drinking water system licensing requirements, including: The DWQMS Operational Plan and DWQMS accreditation, A sustainable Financial Plan for the DWS, DWS Permit, Permit to Take Water (0. Reg. 387/04 of OWRA), where applicable. As indicated, the legislation of the Drinking Water Licensing program is not yet finalized in its entirety. Components yet to be released by MOE include official appointment of the DWQMS Accreditation Body and legislation outlining the transition from the current C of A process to the "Drinking Water Works Permit" process. The UEM Team includes senior professionals with a high level of expertise in the legislative framework regarding the Safe Drinking Water Act and its current and upcoming requirements. DRAFT Page 1 of 17 1.2 Gap Analysis, Implementation Plan and Implementation Assistance MOE's Guidance Manual for DWQMS implementation (entitled "Implementing Quality Management: A Guide for Ontario's Drinking Water Systems", July 2007) recommends completing a Gap Analysis and Implementation Action Plan to help estimate time and resource requirements needed for implementation; UEM has significant experience in completing gap analysis exercises, especially Charlene McKay (the Team's Project Manager) who has been developing Management Systems for over 10 years since the inception of the iSO 14001 Standard in 1996. The Gap Analysis process is similar to that of an audit with the goal of identifying gaps between DWQMS requirements and existing municipal operations. The UEM Team is fully independent of Niagara Falls' existing DWS operations and is fully qualified to complete an objective review of existing DWS operations and identify gaps to DWQMS compliance. The UEM Team will utilize the gap analysis methodology described in the MOE's DWQMS Guidance Manual. Gap Analysis results form the framework of an Implementation Plan through the identification of human resources, documentation, data links, work processes and communication links required to meet the criteria of the DWQMS Standard. In developing an Implementation Plan, UEM promotes harmonization and enhancement of work processes, procedures and documentation, and outlines SMART recommendations for implementation (see left). The Implementation Plan will prioritize DWQMS elements within the implementation schedule and outline a suggested order of implementation that builds on existing processes and minimizes duplication of efforts. An Implementation Plan must establish clear roles and responsibilities, effective lines of communication, project budget and schedule tracking tools, and ongoing performance measurement against the City's goals. M will provide an Implementation Plan that addresses all of these requirements. The Plan will also include .a analysis and recommendation for.selection of Operational Plan Submission Option and its related Verification Audit schedule. Additionally, UEM will provide an Implementation Schedule in Microsoft Project format. The. Project format allows for easy editing, clear declaration of roles, linked unlinked timeframes and the ability to verify the status of Implementation Plan recommendations. UEM recommends this approach as a SMART tool for strategic planning. UEM will provide ongoing assistance as the City of Niagara Falls completes its DWQMS implementation through the facilitation of monthly Implementation Team meetings and assistance with DWQMS procedure development. In facilitating the implementation Team meetings, UEM will ensure that clear and concise action items are developed and are timeframed such that the overall DWQMS implementation schedule is maintained. As experts in DWQMS development, the UEM Team understands the finer requirements of the Standard and will be able to outline the critical tasks of each element and direct the Implementation Team in a quick and efficient manner. In addition to Implementation Team meeting facilitation, UEM will also assist City staff in developing any required DWQMS procedures as specified by the Standard. UEM can provide templates and examples to the City, and can integrate new requirements and best practices into existing City processes in order to satisfy DWQMS Standard requirements. City of Niagara Falls Drinking Water Quality Management System: Gap Analysis, Implementation Plan and Ongoing Assistance August 31, 2007 DRAFT Page 2 of 17 City of Niagara Falls Drinking. Water Quality Management System: Mag l Gap Analysis, Implementation Plan and Ongoing Assistance 2.0 THE UEM Twit The UEM Team includes staff of Urban Environmental Management (UEM) and specialized sub consultants including Merritt Associates and XCG Consultants Ltd. UEM will manage the project and lead the team. The following sections provide summaries of qualifications of UEM Team members and their respective companies. UEM Team members have the depth of experience to address all aspects of the Gap Analysis, Implementation Plan and subsequent development of Niagara Falls' DWQMS. 2.1 Urban Environmental Management Inc. Urban Environmental Management Inc. (UEM) was established in March 2001 by a unique team of experienced professionals. Today, these six principals each boast between 15 to 32 years of experience in the consulting industry. UEM's teams of highly skilled professionals provide a wide scope of strategic planning, engineering and project management services to both public- and private- sector clients. In the six years since its inception, UEM has grown substantially; in addition to its head office in Niagara Falls, it boasts additional offices in Mississauga and Brantford. UEM is committed to the ongoing success of the City of Niagara Falls. UEM lives here; we drink your water. UEM subscribes to a Total Quality Management approach. Exceeding client expectations is one key principle of this approach; we settle for nothing less than the full satisfaction of our clients. UEM has experienced Project Managers who apply this philosophy to all projects on a daily basis. We assess client satisfaction by ensuring clear and consistent communication with our clients for the purpose of continually monitoring project progress against client expectations. This approach has resulted in an extensive list of satisfied clients. 2.2 XCG Consultants Ltd. August 31, 2007 :a: o JJXCG XCG and its staff are recognized as technical experts in drinking water system assessments, optimization, and process design. Over the past 17 years, XCG's knowledge and understanding of the drinking water industry has helped its clients to meet regulatory requirements, develop long -term water supply and treatment plans, and provide water supply services cost effectively to its customers. XCG is committed to providing senior level expertise and ensures that qualified experts have a hands -on role in projects from start to finish. More than half of XCG's staff are senior engineers with more than 15 to 25 years experience in their speciality fields, including: Water and wastewater process engineering; Watershed management; Infrastructure analysis; Environmental investigations and services; and, Training. 2.3 Merritt Associates Ltd. Jim Merritt (Merritt Associates Ltd.) is an environmental consultant focusing on municipal infrastructure and water management. He has assisted clients with managing regulatory issues, operational and organizational planning and strategic assessments. He has extensive management experience in leading large and complex uEQ DRAFT Page 3 of 17 City of Niagara Falls August 31, 2007 Drinking Water Quality Management System: Niwag Gap Analysis, Implementation Plan and Ongoing Assistance organizations and in undertaking transformations to improve service quality and cost effectiveness. Jim's biography in Section 2.5 provides further details on his extensive experience in DWS. 2.4 UEM Team Roles Responsibilities Figure 2 -1 outlines the organizational structure for the City of Niagara Falls' DWQMS implementation. Although Mr. Tom Mussari will be the Team's central contact, the UEM Team would be interviewing a wide scope of Managers, Superintendents, Supervisors and front -line staff involved in the provision of drinking water to the City. Appropriate City representatives will be selected by the City, including a representative from Council as the "Owner" of the DWS. The UEM Team strongly believes that early engagement of Top Management and Council is crucial for establishing an understanding of rotes, responsibilities, accountabilities and DWQMS requirements. The Gap Analysis is an audit, but it also provides an opportunity to communicate the DWQMS to Council and to explain how it affects roles and responsibilities in the City of Niagara Falls. Figure 2 -1: Organizational Structure for DWQMS Project uE©j DWQMS Project Team 1 L Rachel Whyte, B.A. Sc Management System Asset Management Specialist ueig Tom Mussari City of Niagara Falls Jim Merritt SDWA Compliance Specialist Charlene McKay, EMS -LA Project Manager Michele Grenier, P.Eng. Operations Specialist /JI XCG CVs for key project staff are available in Appendix A. 2.5 UEM Team Members Charlene McKay, B.Sc., EMS -LA Project Manager EQH &S Management System Specialist Charlene is a Senior EMS /OHS /QMS Consultant, an accredited EMS Lead Auditor and an Environmental Planner with over 17 years of consulting experience. She has successfully completed the Lead Auditor Training for ISO/TS 16949 2` Edition (includes and exceeds ISO 9001), ISO 14001 and OHSAS 18001. Charlene has considerable experience in both Project Management and in developing environmental, quality, health and safety (EQH &S) management systems for both public and private sector clients. Charlene has a long and successful history of assisting clients with the documentation and implementation of strategically effective Management Systems. Charlene is currently leading UEM staff in the implementation of the City of Hamilton's DWQMS and umbrella EQH &S "Beyond Compliance Operating System" (BCOS) and recently completed Phase 1 of the City of Brantford's DWQMS including their Gap Analysis and Implementation Plan. Charlene's wide scope of knowledge and experience in the DWQMS and other EQH &S ndards will allow her to effectively facilitate integration of DWS processes with other City processes where possible and practicable. Charlene also carries extensive occupational health and safety experience and is a candidate for CRSP designation in Fall 2007. DRAFT Page 4 of 17 City of Niagara Falls August 31, 2007 Drinking Water Quality Management System: NiagarVie Gap Analysis, implementation Plan and Ongoing Assistance Rachel Whyte, B.A.Sc Asset Management and DWQMS Systems Consultant Rachel Whyte is a Systems Consultant with UEM who has successfully completed the ISO 9001:2000 Lead Auditor and Internal Auditor training courses. Rachel developed a successful ISO 9001 system at Chemque Inc. Rachel was the leader of the ISO 9001:2000 registration initiative for two branches of this organization; she developed new processes and revamped existing processes to ensure suitability and conformance to both the Standard and to business needs. More recently, Rachel has been assisting Charlene with UEM's DWQMS projects in the Cities of Hamilton and Brantford and has developed a thorough knowledge of the DWQMS Standard and the associated legislation. Her fields of expertise include quality management system implementation, auditing and maintenance, the Safe Drinking Water Act, and a variety of domestic and intemational regulatory reporting. In addition, Ms. Whyte has several years of industrial experience. Rachel is also currently working with Terry at the City of Niagara Falls to review their Asset Management Strategy and complete their PSAB Readiness Assessment. Terry Martins is also available on an as required basis to assist with elements relating to the City's Asset Management and PSAB Programs. Table 2 -1 (following page) summarizes some of the UEM's management system experience. DRAFT Page 5 of 17 City of Niagara Falls Drinking Water Quality Management System: Niagara) 'Is Gap Analysis, implementation Plan and Ongoing Assistance Client Project DAS;Praase'h City of Hamilton DWQMS v e.o e 11 Niagara Falls PSAB Readiness Review City of Hamilton IMS York Region Water/Wastewater Continuity Plan Lear Interactive CD Internal Auditor Training City of Hamilton ISO 14001 Lead Auditor Training aP Alcan "EHS First" Program City of Hamilton BQMS oa° City of Brantford Asset Management System City of Oakville Asset Management System if;riit ei lre"afiftetrtf s em Niagara Region Water Quality Study Chemque Inc.; Rexdale, ON Sector P' it 'S" t o- G�GiS'�k �t 'S✓ :..1 d_...t »�✓:�"�x.F.....�_ (.5 0 -11311- -0 Public -Water conimmIsis Public Water Services Public Public -Water/ Wastewater Automotive Public Aluminum Public -Wastewater Public Public Public Water Private -Chemical Projects anagementsystem l p eme 0 r W 15 H ea R w O O m E Ie a Y f rl o' tgrStip1 Fac(tifi Id date s eta 0111131-00 Y�xai r i"� .�`�n3'�G1 ��tc,��ss�:. ?.x _:ate 1313-■ -C11. 1111011111111111111113111111111•111111111111 0- -�I -00 -um D00l I .2 iS)O�a'..i.'�ffilY' .a... ':R -f JSe na: T:'(�:Y -0 Pick'erin .erut:e A DDD 11 1 ii Table 2 -1: UEM Staffs Relevant Experience EQH &S Management Systems DRAFT lUSt 31, 2007 Page 6 of17 City of Niagara Falls August 31, 2007 Drinking Water Quality Management System: Niagara) JJ Gap Analysis, Implementation Plan and Ongoing Assistance 2.6 XCG Consultants Ltd. Team Members Michele Grenier, B.A. Sc., P.Eng. Operations Specialist Ms. Grenier is a Process Engineer with five years of experience in the drinking water and wastewater industry. Her area of specialization is in water treatment engineering, including treatability studies, process evaluation, optimization and operations, and distribution system water quality analysis. Ms. Grenier collaborated with the UEM Team in the City of Brantford's DWQMS project. Michele recently conducted a Water and Sewage Works Operational Audit on behalf of Loyalist Township. The project was conducted to ensure that the water and sewage works were being operated in accordance with established policies and procedures. The audit program included data review, procedure monitoring, and testing to collect the required data to prepare a professional opinion with respect to the operation of the Township's water and sewage works. Michele also contributed to preparation of the audit report, which identified and documented any deficiencies found as a result of the audit, and made recommendations for improvement. Ms. Grenier is supported by Dr. Ken Roberts of XCG. Dr. Roberts is a Senior Operations Specialist with over 38 years of experience in water resources engineering, and will provide guidance and assistance as required during this project. 2.7 Merritt Associates Ltd. Team Members Jim Merritt Senior SDWA Compliance Specialist Mr. Jim Merritt is a senior consultant focusing on environmental consulting, municipal infrastructure and water systems management, and will act as a Senior Compliance Specialist for this project. He has assisted clients with managing regulatory issues, operational and organizational planning and strategic assessments of environmental situations. Examples of projects include Technical advisor to the Walkerton Inquiry Commission, Part 2; review of the Clean Water Agency for the Ministry of Environment, and review of water and wastewater district office service delivery for the City of Toronto. Jim was the Assistant Deputy Minister of Operations with the Ontario Ministry of the Environment and held responsibility for environmental protection and regulatory services, including approvals and environmental assessment. He was also Vice- President of Operations with the Ontario Clean Water Agency, where he was responsible for the operations of over 400 water and wastewater systems as well as a $200 million capital infrastructure budget. Jim is currently the Chair of the Advisory Council on Drinking Water Quality and Testing Standards which provides advice directly to the Ontario Minister of Environment on matters related to drinking water quality. Mr. Merritt collaborated with the UEM Team in the City of Brantford's DWQMS project. DRAFT Page 7 of 17 City of Niagara Palls Drinking Water Quality Management System: Niagara/WM Gap Analysis, Implementation Plan and Ongoing Assistance. 3.0 WORK PLAN i UEM approach to this project will be to undertake a comprehensive gap analysis, develop the findings into a practical and effective DWQMS Implementation Plan customized to the City of Niagara Falls, and assist the City in executing the Implementation Plan through the facilitation of Implementation Team meetings and assistance in DWQMS procedure preparation. UEM follows the following principles when developing DWQMS Strategies and Programs: Performance based, Sufficiently rigorous to mitigate risk, Integration of existing operational practices, Flexible to address a wide scope of services and processes, Foundation for the development of "best practices Promotes pollution prevention and control of high risk operations, Directs employees to assurance of environmental stewardship and compliance with all EQH &S applicable regulatory requirements, Communication strategy to connect employees with other stakeholders including the Owner, the Niagara Falls Community, and regulatory bodies. UE© Steps To Success August 31, 2007 et :4° fcrz1tg .Ittt ilflif i 0 fi=r Low Increased Productivity and Awareness Hi In the event that the City chooses to integrate common practices, UEM will structure DWQMS documentation In a way that facilitates any subsequent integration of DWQMS elements with other operations (Le., wastewater )Ilection and treatment) and other environmental or health and safety standards. Through the Gap Analysis process, UEM can also identify potential integration points of DWQMS elements with wastewater operations and assess the added value of applying these elements to wastewater operations. This approach will be decided prior to the gap analysis. The project is divided into two phases. In Phase 1, the UEM Team will complete a detailed Gap Analysis and develop an Implementation Plan for development of the City's DWQMS. In Phase 11 of the project, UEM will provide ongoing assistance to the City during its implementation of the DWQMS through facilitation of Implementation Team meetings and assistance (as required) with the development of DWQMS procedures. An overview of the Work Plan is depicted in Figure 3 -1 (following page). DRAFT Page 8 of 17 City of Niagara Falls Drinking Water Quality Management System: NiagaraFfis lb Gap Analysis, Implementation Plan and Ongoing Assistance Figure 3-1: Work Plan for DWQMS Implementation Phase 1 •rderdify Resources #Efevelop Gap Analysi ie Plan n 4eview.uitabjlity.of i 'GapApaly.SitgliOritiW Deliverables Detailed Gap Analysis Plan iFinal Gap Analysis' Checklist Template 71 Com OF Ailgrein•tatibn DWQMS erifatitin Team Deliverables Deliverables Deliverables iTeam Notes /Gap Analysis i Draft/Final Document Review and Milestone Review Implementation Plan Gap Analysis Summary of Required Resources Ona oin. Consultation with CI of Ma ra:PailsMata earelitandtSta DRAFT Phase 2 Deliverables "'Implementation Team Meeting Minutes (action items and timeframes) ISelected DWQMS Procedures August 31, 2007 Page 9 of 17 City of Niagara Falls Drinking Water Quality Management System: Gap Analysis, Implementation Plan and Ongoing Assistance August 31, 2007 3.1 STEPS 1: Kick-Off Meeting (Phase l) Select UEM Team members will meet with representatives of the City of Niagara Falls to discuss the following: Project scope, Estimated project timeline, Fit of the Gap Analysis Checklist and any required modifications; interview Plan for the Gap Analysis including scope, interviewees interviewers, interview schedule, potential records to be reviewed, estimated City resources required, etc, Outline of communication processes reporting lines, Format of Gap Analysis Implementation Plan report, Risks and benefits of integrated approaches, Explanation of general DWQMS implementation strategy including format of Implementation Team meetings and creation of DWQMS procedures. The Project Kickoff Meeting will provide the City with an opportunity to meet the UEM Team and refine the work plan tasks. Delegation of resources and establishing effective lines of communication early in the process will ensure the project remains on schedule and on budget. At the Kickoff Meeting, the Gap Analysis Interview Schedule will be established including interview dates and identification of interviewees (City staff) and interviewers. UEM recognizes the extensive workloads of Niagara Falls staff; as such, interviews will be grouped and coordinated as much as possible to ensure that staff time is not monopolized. Once details of the interview schedule are established, the schedule will be circulated to all interviewees along with the anticipated records to be reviewed at each interview. This approach will ensure ')at interviews will be conducted in an efficient manner and both the interviewer and interviewee are prepared .ar the meetings. The UEM Team recommends that a member of Council (as selected by the City) be interviewed as part of the Gap Analysis process since the DWQMS recognizes different roles and responsibilities for the "Owner and the "Operating Authority Deliverables: "Coming together is the beginning. Keeping together Revised Project Work Plan, where revisions have been made by City staff Detailed Gap Analysis Plan and Interview Schedule Final Gap Analysis Checklist Template, where revisions have been made by City staff 3.2 STEP 2: Gap Analysis interviews (Phase I) Document Review Before the formal Documentation Review is initiated, members of the UEM Team will refresh their knowledge of the City's drinking -water operations and organizational structure by obtaining key documentation from the City of Niagara Falls. Documentation that may be requested could include organizational charts, Annual Reports, Engineering Reports, or overall process flow diagrams. These documents will provide the UEM Team with an overview of City operations and will assist the Team in gaining an understanding of the structure of Water operations within the City and in contextualizing interview findings. UEM Team members will complete an on -site review of current City drinking -water documentation and records and assess the depth, detail and maintenance of documentation against the requirements of the DWQMS Standard and Guidance Manual. The intent of this Documentation Review is to identify any gaps in 'cumentation and records as well as to maximize the use of the City's current procedures and practices and .�dcument how they will be applied to the various elements of the DWQMS. During the documentation review, DRAFT Page 10 of 17 City of Niagara Falls Drinking Water Quality Management System: Ma/Je Gap Analysis, Implementation Plan and Ongoing Assistance the UEM Team will select and examine a sampling of drinking -water system (DWS) records. Types of documentation and/or records that may be reviewed include Operations Manuals, Certificates of Approval, relevant operating procedures and/or work instructions, communications materials (Le., media releases, staff communiques, Intranet), licensing and training records, laboratory records, etc. For some elements, document review can be conducted concurrently with the gap analysis interviews due to the volume and nature of records and documents to be reviewed. Deliverables: Draft Team Notes Document Review Gap Analysis Checklist with Document Review notes Review Methods Procedures (Phase 1) Gap Analysis interviews will be completed to assess the City's current level of compliance with the requirements of the DWQMS Standard. Throughout the Gap Analysis, existing documentation will be assessed for compliance with document control requirements, and where the need for new required processes, procedures and documentation is identified, recommendations will be made for the harmonization with existing City practices (where applicable). Interviews will be conducted with representatives of the City of Niagara Falls who are knowledgeable about existing processes, procedures and services within their respective work areas. Interviewees' roles must be confirmed through a review of job descriptions and/or discussions with Senior Management regarding roles and responsibilities. The UEM Team will use interview data to estimate.the City's current state of compliance with DWQMS requirements. The UEM Team will also assess current work practices at the City against known best management practices related to water treatment and distribution systems. The on -site gap analysis interviews are a critical step in the process. Most organizations inherently follow good best practices based on their years of experience and personal pride in their designated work and work areas. A goal of the Gap Analysis interview process is to draw out these best practices and, where appropriate, recommend them for documentation as standard practices for all Water staff. During the interviews, the UEM Team will observe methods and processes that are in place at the facility that may satisfy the requirements of the DWQMS, even if they are not documented. The Gap Analysis Checklist will be used to seek out those requirements in the methods observed. Deliverables: Draft Team Notes Gap Analysis Interviews Gap Analysis Checklist with Gap Analysis notes 3.3 STEP 3: Gap Analysis Findings (Phase 1) The UEM Team will record notes in the Gap Analysis Checklist when reviewing documents, methods and procedures. Details regarding the documents reviewed, people interviewed, observations of activities and best practices, and due diligence observations will be recorded. These results will be reviewed to provide a deeper understanding of gaps to compliance and will generate key focal points for the project as well as project scheduling criteria. On completion of the interviews, the UEM Team will meet to discuss preliminary findings and determine, as a group, the gaps between the City's practices and the DWQMS Standard requirements. It is preferred to undertake this as a group exercise to exclude any potential Team bias. The UEM Team will calibrate itself to the big picture and weigh our individual observations against input from the Team. Estimation of gaps will be calculated using the DWQMS checklist. The results will be viewable as spreadsheets or bar charts and in varying levels of detail. UEZII August 3.1, 2007 DRAFT Page 11 of 17 City of Niagara Falls Drinking Water Quality Management System: NIagara811 Gap•Analysis, implementation Plan and Ongoing Assistance U EIN August 31, 2007 -Ap addition, the UEM Team will draw from implementation recommendations noted during Gap Analysis interviews to prepare a list of preliminary overall implementation recommendations for presentation to City staff. Report Findings (Phase 1) The UEM Team's work program includes a "Gap Analysis Milestone Review" to discuss Gap Analysis findings and initial Implementation Plan recommendations with City representatives. It is recommended that Senior Management of the Operating Authority attend the review meeting. At this meeting, discussions with City Staff will help the UEM Team to confirm the accuracy of interview findings and Team conclusions. A goal of this meeting is to achieve agreement with City staff with respect to the identified gaps and the proposed recommendations for implementation. This early involvement in strategic planning promotes buy -in by all parties, from Council Representatives to front -line operators. The Gap Analysis Meeting will include the following agenda items: Purpose of Gap Analysis Overview of Gap Analysis Plan Gap Analysis Findings and Assessment of Percentage Completion of Elements Implementation Recommendations Recommendations for Submission Option, including Preliminary Resource Requirements Recommended Wastewater Integration Points (if desired by City staff) IT Data Bridges For this meeting, the UEM Team will prepare handout packages for City attendees including presentation 'materials, the detailed Interview Schedule (including lists of participants) and the completed Draft DWQMS d ap Analysis Checklist. Deliverables: Presentation of Gap Analysis Findings and Implementation Recommendations Completed DWQMS Checklist (DRAFT for review by City representatives) Assessment of overall gaps and percentage completion of each element Preliminary Implementation Recommendations Handout packages for City staff 3.4 STEP 4: DWQMS Implementation Plan (Phase I) An implementation action plan outlines tasks, identifies the people responsible for carrying out these tasks, and provides a realistic schedule to complete the tasks to ensure successful completion of a project. The UEM Team will develop an Implementation Plan for review by the City of Niagara Falls. The .report will review the Gap Analysis findings and present implementation recommendations that may include establishment of a DWQMS compliant organizational structure, prioritization of elements for DWQMS implementation, acquisition of software to aid in addressing identified gaps, acquisition and use of resources for DWQMS implementation, and /or recommendations for development of the required Internal Audit Program. As a major component of the report, the UEM Team will recommend an Operational Plan Submission Option for the City of Niagara Falls based on the estimated level of effort required to meet Submission Option requirements by the City's submission date of May 1 2009. To accompany the Implementation Plan, UEM will develop an Implementation Schedule in Microsoft Project for e City's use. Preparation of the schedule in Microsoft Project will allow the City to use the schedule as a .Jnctional tool and will facilitate the tracking of tasks, resources, and impacts of individual setbacks or rapid DRAFT Page 12 of 17. Mag City of Niagara Falls Drinking Water Quality Management System: AA Gap Analysis, Implementation Plan and Ongoing Assistance August 31, 2007 completions to the overall schedule. Templates for Implementation Plans are included in the DWQMS Guidance Document and will be used for guidance purposes, however, tasks may be added to reflect potential goals of integration with wastewater operations, completion of due diligence initiatives or implementation of EHS recommendations. Target completion dates for tasks will be estimated based on the results of the Gap Analysis. The Implementation Plan and Schedule will be issued to key City of Niagara Falls personnel for review and approval. The DWQMS implementation Plan will include the following: implementation tasks to fill gaps between existing operations and the DWQMS Standard, Estimated of future resource requirements, including staff, IT tools and possible contract assistance, Estimated financial and budgetary requirements to support the implementation and ongoing maintenance of the DWQMS, Required training to support DWQMS implementation and maintenance, Recommendations for development of an Internal Audit Program that meets DWQMS requirements, and Schedules and estimated costs for contract services, technology and consulting services. UEM is independent with respect to the selection of management system software. UEM is vendor independent and, where applicable, will recommend the best IT solution for the City that integrates with current iT framework. Charlene McKay has a wide variety of experience in evaluating a long list of management system software and has personally worked with both Intelex and ETQ Solutions software. 3.5 STEP 5: Ongoing Assistance with DWQMS Implementation (Phase 11) The UEM Team will continue to work with the City of Niagara Falls in implementing the DWQMS through Phase II of this project. Select UEM staff will be assigned to facilitate monthly meetings of the DWQMS Implementation Team, and will be responsible for preparing minutes of these meetings for distribution to Implementation Team members (action items, responsibilities and due dates/timeframes). In facilitating the Implementation Team meetings, UEM will ensure that clear and concise action items are developed according to the overall DWQMS implementation schedule in order to meet the predetermined time frames and deadlines. As experts in DWQMS development, the UEM Team understands both the explicit and subtle requirements of the Standard and will be able to outline the critical tasks of each element and direct the Implementation Team in a quick and efficient manner. In addition to Implementation Team meeting facilitation, UEM can also assist City staff in developing any required DWQMS procedures as specified by the Standard. UEM can provide templates and examples of procedures to the City and can integrate new requirements and best practices into existing City processes in order to satisfy DWQMS Standard requirements. It is understood that UEM staff will be used on an as- needed basis within this role, and that requirements may vary from element to element (i.e., outlining of critical procedure requirements vs. compilation of the actual procedure with information from City staff). DRAFT Page 13 of 17 City of Niagara Falls Drinking Water Quality Management System: Magill Gap.Analysis, Implementation. Plan and Ongoing Assistance 4.0 PROJECT SCHEDULE A i preliminary project schedule is attached as Figure 4-1 (following page). Details of the project schedule will be expanded at the DWQMS Kickoff Meeting through the establishment of the Gap Analysis Interview Schedule. UEM will track the progress of the DWQMS Program through facilitation of Implementation Team meetings. Figure 4-1 assumes an 18 -month work plan for DWQMS implementation beginning in November 2007. UE Sep 07 Gap Analysis Figure 4-1: Work Plan for DWQMS Implementation Nov 07 Jul 08 Establish DWQMS Procedures W rkflows May 09 Aug 08 Submit Staff Operations Jun 09 Training Plan to MOE Celebrate 5.0 PROJECT BUDGET Nov 07 Establish Oct 07 Implementation A 08 Sep O8 DVIK.ZMS Team Inter! Internal implementation Armor Audit Plan Training August 31, 2007 May Og Jun 09 Staff Verification Training Audits Summer 2009 Table 5-1 (following page) outlines the estimated budget for the DWQMS Project. Costs for Phase 1 of the Project are estimated to be and Phase 2 costs are estimated at The Implementation Plan will identify the specific resource requirements of the City. UEM will provide monthly status reports on project budget and the project schedule to ensure the City meets its legislative requirements for the May 1 2009 submission of the Operational Plan. UEM will notify the City staff if additional external resources are required. 6.0 ADDITIONAL SERVICES OFFERED BY THE UEM TEAM Over and above the services listed in this proposal, the UEM Team is pleased to offer the DWQMS compliance services listed below: DWQMS Awareness Training for Operating Authority Staff, DWQMS Internal Auditor Training, Lead Auditor Services: DWQMS Intemal Audits, Assistance During Accreditation Audits (System Audit and /or Verification Audit), Due Dilligence Training for Top Managers and Owners: Safe Drinking Water Act DWS Financial Plan Advise. If the above listed services are requested by the City, billing will be charged at a per diem rate. DRAFT Page 14 of 17 Project Tasks Merritt a Associates Ltd. A//XCG Administrative Assistance S40 /hour canon Ie1oi coedle;oi Charlene McKay, EMS !A. Project Manager $125rhour Rachel Whyte. BASc $65/hour Jim Merritt, senior re 52207hcur Michele Grenier BASc P Eny $110/hr Hrs I Fees Hrs 1 Fees Hrs) Fees Hrs1 Fees Hrs Fees PHASE:1 GAP. ANALYSIS AND IMPLEMENTATION PLAN STEP.1eKICK.OFF :MEETING Preparation for Kick -Off Meeting 3.0 $375 7.0 $455 0.0 $0 0.0 50 0.0 50 10.0 5830 5760 Kick-Off Meeting 4.0 $500 4.0 $260 0.0 $0 0.0 10 0.0 50 8.0 Identify Resources Develop Gap Analysis Interview Plan Review Suitability of Gap Analysis Checklist Develop Detailed Gap Analysis Plan 1.0 5125 2.0 5130 0.0 50 0.0 50 0.0 50 3.0 $255 Sub -Total 8.0 51,000 13.0 5845 0.0 50 0.0 50 0.0 50 21 ;1,845 STEP 2: GAP'ANALYSiSINTERVIEWS Review Existing Documentation -0 Review On -Site Documentation Record Findings 1 7.5) 59381 7.51 $4881 0.01 $01 0.01 *of 0.0) so) 15.0[ 51,425 Review Methods Procedures -0 Gap Analysis Interviews 1 16.0 $2,000 16.0 51,040 6.01 $1,320 6.0 5660 0.0 10 44.0 55,020 Suh Total 23,5 52,938 23.5 $1,528 6.0 $1,320 6.0 5660 0.0 ;0 59.0 56,445 STEP' 3a'COMRILE.GAP ANALYSIS-FINDINGS. Record, Compile and Review Notes 1 2.01 52501 7.51 $4881 0.01 501 0.01 501 4.01 $1601 13.5) 5898 Determine Gaps -0 Gap Analysis Review Meeting (Protect Team) 1 4.01 55001 4.01 $2601 4.01 58801 4.01 $4401 0.01 $01 16.01 $2,080 Report Findings 5863 -0 Prepare for Gap Analysis Milestone Review 3.0 5375 7.5 5488 0.0 50 0.0 50 0.0 50 10.5 Gap Analysis Milestone Review (with City Staff) 4.0 5500 4.0 5280 0.0 .50 0.0 50 0.0 50 8.0 $760 Sub -Total 13.0 $1,625 23.0 $1,495 4.0 5880 4.0 $440 4.0 5160 48.0 ;4,600 STEP 4:;FREPAR .1MPL Efd ATI01V PLAN Develop DWQMS Implementation Plan 5.0 5625 12.0 $780 2.0 5440 2.0 5220 0.0 50 21.0 52,065 $1,020 0- Develop DWQMS implementation Schedule 4.0 $500 8.0 5520 0.0 50 0.0 50 0.0 50 12.0 Sub -Total 9.0 51,125 20.0 51,300 2.0 ;440 2.0 5220 0.0 50 33 $3,085 515,975 PHASE 1 TOTAL 53.5 56,688 79.5 55,168 12.0 52,640 12.0 51,320 4.0 5160 161.0 PHASE 2 STEP:5 :ONGOiNG OFbWQMS ttS:SISTANCE':. FAGik.1TATtON' IMP. LEN1EN'1'AT10N7EA(Y4:MEEFTNGS. r. Step 11: Facilitate DWQMS Implementation Team Meetings Preparation for Monthly Meetings (18) 18.0 $2,250 72.0 54,680 0.0 50 0.0 50 10.0 5400 100.0 $7,330 59,000 $2,650 Attendance at Monthly Meetings (18) 72.0 59,000 0.0 $0 0.0 $0 0.0 $0 0.0 $0 72.0 Preparation of Meeting Minutes (action items timeframes) 18.0 $2,250 0.0 .50 0.0 50 0.0 50 10.0 $400 28.0 Sub -Total 108.0 513,500 72.0 54,680 0.0 50 0.0 50 20.0 5800 200.0 518,980 ASSISTANCE.IN PRERARING DWQMS: PROCEDURES Step 12: Create DWQMS Procedures as Required 90.0 $11,250 130.0 $8450 0.0 50 0.0 $0 110.0 $4,400 524,100 524,100 $43,080 Sub -Total 90.0 511,250 130.0 58,450 0.0 50 0.0 50 110.0 $4,400 0.0 PHASE 2 TOTAL. 198.0 524,750 202.0 513,130 0.0 50 0.0 $0 130.0 55,200 200:0 y J City of Niagara Falls Drinking Water Quality Management System: NiagaraFffgs Gap Analysis, Implementation Plan and Ongoing Assistance UEQ Summary of Fees Expenses Figure 5-1: Estimated Budget for DWQMS Implementation Fees 559,055 Expenses (Printing, Telephone, Mileage, etc) $750 Total (excluding GST) $59,805 DRAFT August 31, 2007 Page 15 of 17 City of Niagara Falls Drinking Water Quality Management System: Niagara Gap Analysis, Implementation Plan and Ongoing Assistance X 4.1 DWQMS Awareness Training for Operating Authority Staff The DWQMS Guidance Manual states that "a QMS that is not communicated to others is a QMS that is not implemented The DWQMS Standard mandates communication of the Quality Management System to staff (among others) and requires that staff understand the impacts of their work on drinking -water quality. DWQMS General Awareness Training is a way in which these communication requirements can be fulfilled. The UEM Team can assist the City of Niagara Falls in preparing a DWQMS Awareness Training to communicate the DWQMS to all levels of the organization. Below is a sampling of topics that could be communicated through the DWQMS Awareness Training: Purpose of the DWQMS and explanation of associated legislation, Elements of the DWQMS and high -level explanations of requirements by element, Communication of the DWQMS Policy, Identification of critical roles and responsibilities associated with the DWQMS (i.e. Owner, Top Management, Operating Authority, QMS Representative, etc.), Explanation of DWQMS audit processes and requirements (both intemal and external audits) U E August 31, 2007 4.2 DWQMS Internal Auditor Training Intemal audits of the DWQMS are required by the Standard; all components of the DWQMS must be audited at least once annually. The internal audit process helps to identify system gaps and/or weaknesses and encourages continual improvement of the DWQMS; additionally, internal audit results serve as inputs to Management Review. Internal auditors must be objective and free of bias, and must have a good understanding of both the DWQMS Standard requirements and of relevant intemal City processes. The UEM Team can provide selected City staff with DWQMS Internal Auditor Training and can furnish tructional materials for attendees. Instruction would include: A detailed explanation of the DWQMS Standard elements and requirements, Overview of the intemal audit process and steps, Instruction in QMS auditing techniques, Practical examples using City of Niagara Falls documentation and processes, and A selection of interactive workshops tailored to the City of Niagara Falls and its processes. Both Charlene McKay and Rachel Whyte have completed Lead and Intemal Auditor training against a variety of standards and are well- versed in the auditing process, tools and techniques. Furthermore, Charlene McKay has developed and led numerous Intemal Auditing courses for municipal and industrial clients, and instructs an auditing course at Niagara College. 4.3 Lead Auditor Services: DWQMS Internal Audits It is highly recommended that City staff receive Internal Auditor training and complete intemal audits as a means of fostering staff ownership of the DWQMS. The role of Lead Auditor in the audit process is to oversee and facilitate the internal audit in its entirety. This involves the creation of an intemal audit schedule, the assignment of objective, impartial auditors to audits, the facilitation of opening and closing meetings (where required), and the compilation of a final audit report. In addition, it is left to the Lead Auditor to make final decisions on any contentious or difficult issues related to the audit or its findings. This is a role that requires complete impartiality and significant effort on the part of the Auditor. -1 9lect members of the UEM Team are qualified to act as a Lead Auditor for the City of Niagara Falls' initial rkernal Audits. A UEM Team member can facilitate the City's first round of internal audits as a mentor to a DRAFT Page 16 of 17 City of Niagara Falls Drinking Water Quality Management System: Gap Analysis, Implementation Plan and Ongoing Assistance August 31, 2007 selected Lead Auditor from City staff. The UEM Team member can work with the Lead Auditor -in- Training to plan the audit, facilitate any meetings that may be required, and prepare the final audit report. 4.4 Assistance During Accreditation Audits (System Audit and/or Verification Audit) Members of the UEM Team can provide assistance to the City of Niagara Falls during system and/or verification accreditation audits performed by MOE's Accreditation Body. Our expert knowledge of the Standard will allow us to assist in answering any questions and addressing any concerns that the auditor may have. UEM can also assist the City in preparing for its System and/or Verification Audits by reviewing procedures, verifying implementation, and completing a "mini audit" of processes to ensure that all Standard requirements are adequately addressed. 4.5 Due Dillicience Training for Managers: Safe Drinking Water Act (Merritt Associates Ltd.) The standard applies to all levels of the organization, from those that directly operate the system and the Senior Management Team that comprises the "Operating Authority" through to the responsibilities of the "Owner". All levels of City staff must be engaged in the DWQMS and its implementation, and must understand the various roles and responsibilities of staff within the Operating Authority. The new DWQMS Standard and its accompanying Guidance Manual are excellent tools that can be used by the City to gain an understanding of the accreditation component of the Municipal Drinking -Water Licence Program under the Safe Drinking Water Act. Over and above the requirement for a DWQMS, the Safe Drinking Water Act places additional responsibilities and requirements on Ontario municipalities. It is important that City staff understand what is required of them under the SDWA in order to demonstrate proper due diligence against all aspects of this Act. The UEM Team can provide due diligence training for management and staff at the City of Niagara Falls, and can address the due diligence requirements relating to Ontario's Safe Drinking Water Act and its regulations. 4.6 Advice on Financial Plan Requirements 0. Reg. 453/07 was released with the aim of promoting financial sustainability and reliability in water infrastructure and the ultimate goal of ensuring safe drinking water. Drinking water system financial plans are one of the requirements for a licence, including a resolution passed by the Owner of the DWS that "the financial impacts of the drinking -water system have been considered and the drinking -water system is financially viable Operators of an existing DWS will be required to develop a Financial Plan with a minimum six -year timeline including the financial position, financial operations and cash flow of drinking -water system. The Financial Plan guidance manual recommends developing a financial plan for wastewater systems, however, it is not a requirement under the Ontario Water Resources Act. New PSAB standards require municipalities to include all of their tangible capital assets in municipal financial statements. As of January 1 2009, financial reporting will now require full accrual accounting. The first revised financial statements are anticipated no later than May 31, 2010 with the comparison year of 2008. UEM assisted in the development of the City's PSAB program and can assist the City with the linkages to the Financial Plan reporting requirements. UEM provides complete, integrated solutions to advanced asset management and are able to provide comprehensive solutions that address the complex financial and accounting issues posed by Financial Plan, SWSSA and PSAB compliance. UEM's approach is to treat these services as an integrated, pragmatic business philosophy. UEM has developed, implemented and managed numerous complex DWQMS and asset management projects across the province of Ontario, and our strength is our vision. UEM's solutions are based on an understanding of the various components that drive DWQMS and asset management and on their relation to pending legislation and parties that may impact business processes. UEREI DRAFT Page 17 of 17 October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niag araJ CANADA Working Together to Serve Our Community PD- 2007 -90 Re: PD- 2007 -90 26CD -11- 2007 -05, Draft Plan of Condominium 5840 Dunn Street (Southwest Corner of Ailanthus Avenue Dunn Street) Owner: Pinewood Homes (Tara) Ltd. (Angiolina Colaneri) 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The development is located on the southwest corner of Dunn Street and Ailanthus Avenue as shown on Schedule 1. Condominium approval is requested for the 4- storey, 16 -unit apartment project. The submitted site plan is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit in the development with the common elements (e.g. driveway, visitor parking, landscaped areas, hallways) shared by the condominium corporation. There are no public meeting requirements under the Planning Act with respect to standard (new construction) condominium developments. 4310 Queen Street, PO. Box 1023, Niagara Fails, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Planning Development October 29, 2007 2 PD- 2007 -90 Planning Process This development has proceeded through previous planning approvals and consultation with the public. The property was subject to a rezoning application (AM- 32/2000) that was approved in principle by Council in October 2000. Area residents subsequently expressed objections and neighbourhood meetings were conducted to resolve design issues. As directed by the Ontario Municipal Board, Zoning By -law No. 2003 -30 was passed by Council (effective January 28, 2003) to zone the land Residential Apartment 5B Density (R5B -500) with special provisions. The Site Plan Agreement was registered on title February 7, 2006. The project has been designed for compatibility with surrounding land uses, contributes to the mix of available housing types in the area and has the potential to provide affordable housing. Conditions of Approval The majority of development issues have been addressed through the earlier rezoning and site plan approvals. The City holds securities to ensure the site works (including additional plantings and a garbage enclosure) are completed. The zoning by -law and site plan require 22 parking spaces be provided for the apartment. A site inspection has revealed that a driveway and parking area for two vehicles at the east side of the building has not been provided in accordance with zoning and site plan requirements. The developer will need to obtain formal adjustments to the zoning by -law and site plan agreement for the project to remain as currently constructed. The development is within a plan of subdivision registered in 1939 (prior to typical parkland requirements) and the City has no record of land dedication or parkland payment. Cash -in -lieu of parkland dedication is requested as permitted by the Planning Act. The designation of a fire access route through the site, if required by Fire Services, is also a condition of approval. CONCLUSION: While the development has received appropriate zoning and site plan approvals, construction has not been in full compliance with these requirements. The zoning by -law and site plan need to be adjusted for the development to remain as built. The proposed Draft Plan of Condominium will allow the separate ownership of the units. The conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R. Wilson:gd Attach. S:1PDR120071PD- 2007 -90, 26CD -11- 2007 -05, 5840 Dunn Street Draft Plan of Condominium.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Adminis r tive Officer October 29, 2007 -3- APPENDIX Conditions of Draft Plan of Condominium Approval PD- 2007 -90 1 Approval applies to the Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated July 20, 2007, showing an apartment building containing 16 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer either comply with the zoning by -law or obtain final approval from the City's Committee of Adjustment to recognize the elimination of the two required parking spaces at the east side of the building. 5. The developer either comply with the approved site plan or obtain an amendment to the existing Site Plan Agreement to reflect the elimination of the two parking spaces and driveway area at the east side of the building. 6. The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 7. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 8. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 9. The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions that their respective conditions have been satisfied. Proposed Plan of Condominium 5840 Dunn Street 26CD- 11- 2007 -05 Subject Land K: \GIS_Requests\2007\Schedules \Condos \5840_Dunn.map SCHEDULE 1 Location Map minim woo SI DUNN ST 1111111111i111111111.1111. 1111111°111111111111111111.1111111166‘.111111L1111:11111: 11 1:NTS October 2007 SCHEDULE 2 N 1-. 0 j. LOT DUN for. BMW �CENCAIa 000069)0 f 1 ;PART 1 i' BY +)sr T ilo a( 69 2 00 32. r59R- 1 976' /6 FART 2, l 1 59R- 12976 OO 0 0 r 0 F Z Q n. 0 0 cvmur euw I I a I HFr 7I N,RA.a 7 iF �I @3 ec ac sC 00 1 KEY PLAN (not to scale) City d Nowa Fob ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING ACT AND UNDER SECTION 9 OF THE CONDOMINIUM ACT 1998 IA) AS SHOWN ON DRAFT PLAN (B) -AS SHOWN ON °RAFT PUN (C) -AS SHOWN ON DRAFT AND NET PLANS (D) -THIS IS A PROPOSED RESIDENTIAL DEVELOPMENT OF 16 UNITS IT) -AS SHOWN N DRAFT PLAN IT) -AS SH O OWN ON DRAFT PLAN (C) -AS SHOWN ON DRAFT PLAN (0)- MUNICIPAL IT) CLAY LOAM IS GENT/FULLY FLAT DT) -ALL MUNICIPAL SEMICES AVAILABLE T)-NONE I AND LISF ANAI YSIS 001 AREA 1601 SQ U. MALMO AREA 520 SO. k SIALL4515 COVERAGE w.Pa I01M6ER OF 691S 10 PARICNO 22 SURFACE SPACES TOTAL le DRPEWAY SPACES e 11S1CR SPACES MFTR01 NOTE L p°' T. niO wPra>w ..11111t Call Pin el Candca lan el PART OF LOTS 1 3, PLAN 68 (BEING PART f, 591- 13414) CNy d *Kira Fels RE010HAL MUNICWAO2TY Or /WAR& ilt SCALE 1 200 MoHMw., CoTnaa,. H.7wood Kerry T. New. SURVEYING UM0E0 LW: 308979 2007 OWNFR'S CFRTIFICATF W tERT AU1HONI20 MATMEAS, CAIIFFION, NETWOCO KERRY 0 HOIIE SURLEO60 WOW 10 SUBMIT MS PLAN 10 1HE CITY a NIAGARA FALLS FOR 1HEIR APPROVAL Ae.Y .2007 0610 MOM Ceewl F P Woo C/1rn1 SURVEYOR'S CFRTIFICATE 1 HEREBY CERTIFY THAT HE 9GUMDARES CF THE LAND TO BE SL19011EE0 ARE CORRECTLY SHOW. .M? (6. 2007 Dal* AIM 11116611600 O16616 w law, MATrHEWS, CAMERON, Hermon. KERRY T. HOWE SURVEYING Lm. "":1 r1L a Mr rca Irr.wF n.sal O..IY i W pp RwM hrI6 ARW6 Pod. ER A,wn* October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Niagara,�al C A N A D A Members: Re: R- 2007 -28- George Bukator Park Agreement Park Location RECOMMENDATION: R- 2007 -28 1. That the City of Niagara Falls enter into a renewal Agreement for the George Bukator Park relating to the License Agreement with Ontario Power Generation Inc. and that the Mayor and Clerk be authorized to sign the agreement. 2. That the name George Bukator continue to be associated with this park. BACKGROUND: License Agreement The City originally entered into a license agreement with Ontario Power Generation for the recreational uses of George Bukator Park in July 1982. The new term for the George Bukator Park Agreement commenced on July 1, 2007, and will terminate on June 30, 2017. Staff has reviewed the attached Agreement and finds it to be in order. George Bukator Park Relocation Consideration On April 30, 2007, Council requested Staff to review whether the name "George Bukator" should be associated with this park area due to current use and appearance challenges. Staff was asked to review if alternative park locations in Chippawa could be designated as the George Bukator Park. The leased park land, which runs along the bank of the Welland River, is best described as a long linear narrow corridor park, approximately 2.5 km in length and varying in width. A general plan showing the park location is attached. ontrose Road, Unit 1, Niagara Falls ON, Canada L2H 3N3 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Departmen Parks, Recre October 29, 2007 2 R- 2007 -28 A number of unwanted activities, including ATV use, have created ruts, damaged the trees and other vegetation, and also damaged the sign, which caused concerns regarding the appearance of George Bukator Park. ATV and dirt bike activities are very popular in this rural area due to the terrain and bush like conditions in George Bukator Park, as well as the bordering property on the north side of the Chippawa Parkway. Although large boulders were installed at various entry points in the park, the ATV vehicles were able to create paths around the boulders in order to access the trail. The George Bukator Park Master Plan was completed in January 2004. The plan included a waterfront park, controlled parking, a public boat ramp, family picnic area, as well as an asphalt trail for recreational walking and cycling. A naturalized area has the potential to introduce interpretive park amenities such as a board walk, bird watching and signage. The estimated cost to develop the George Bukator Park is $280,000 (2004 dollars). To date, approximately $30,000 has been spent for parking and traffic controls (armour stone rocks installed) and the remainder of the park plans has been identified for capital budget considerations. A security company patrols George Bukator Park at an approximate cost of $6,000 annually. Staff has found that the amount of unwanted activity has declined since the patrols started in June 2005. However, it is difficult to control ATV and dirt bike activity due to the numerous entry points into the park. Staff has reviewed installing additional boulders along the entire length of the park, however, the expense was estimated at $250,000 to $400,000 (depending if boulders are used from the City's stock pile or whether they are purchased) plus the maintenance. Fencing the entire length of the park was taken into consideration and estimated at $180,000, with an additional $50,000 for landscaping costs. It was felt that boulders and fencing would not eliminate ATV and dirt bike use. However, it is felt that if the park is developed, the ATV and dirt bike traffic will decrease as the park will no longer be attractive for this type of activity. The recently completed Master Plan for Parks, Recreation Culture emphasized the importance of creating connected trail linkages in the community. Staff is currently preparing an inventory of all potential trail development lands. Future park development, coupled with trail considerations via a future capital budget project could achieve park enhancements. The leased lands known as George Bukator Park provides a strategic opportunity to develop a continuous trail loop around and through the City, as well as a direct connection to the Circle Trek trail system. Given the future potential of this park, it is the recommendation by Staff that George Bukator's name continues to be associated with this park. Due to the appearance of the current wooden sign for this park, it will be replaced in 2007. Additionally, a second location in the park will have a sign installed. Metal frame hoop park signs at a cost of approximately $1,000 each will be located at each end of the park in areas that provide high visibility to the public. October 29, 2007 Recommended by: Approved by: Respectfully submitted: Attachments 3 Den ye Morrissey, Direct r of Parks, Recreation Culture Ed Dujlovic, Execu ive Director of Community Services Joh,( acDonald, Chief Administr.,tive Officer S: \Council \Council 2007 \R 2007 -28 George Bukator Park License Agreement.wpd R- 2007 -28 Main Street Names Roads Green Spaces N h 1,000 0 SCALE 1 18,667 1,000 FEET Niagara Falls GEORGE BUKATOR PARK MAP 2,000 3,000 w z w pm�-;pN w N City of Niagara Falls Parks, Recreation Culture George Bukator Park Renovation Plan COST ESTIMATE Design Goals: 4. Two(2) main parking lots: A (East) create one main parking lot, gravel, approx. 30 cars, open visibility to road, install wood barrier posts and armourstone rocks around parking lot, remove internal roadways connections. 8. anuary 12, 2004 .1 Traffic Control create 2 main parking areas, eliminate other parking .2 Create a Park for picnicing, passive recreation, boating, biking, etc. .3 Construct Boat Ramp and Parking Lot for boat drop off. .4 Visibility increase visibility from road into park and parking areas .5 Mown Green Areas create maintained grass areas Item Description Estimated Cost 1. Survey base information 8,000 2. Consultants Fees to prepare AutoCad Design 10,000 and construction drawings. 3. Re -grade roadside ditch along Chippawa Parkway 26,000 using Gradall machine to prevent vehicles from crossing traffic control focus on potential parking locations, and main parking lots. 20,000 B (Boat Ramp) construct a paved parking area for 60,000 boat trailers and cars (approx. 10 boat trailer, 15 cars), open visibility to road, wood barrier posts and armourstone around parking lot. 5. Park Signage Features at 2 Parking Lots 10,000 6. Bike Walking Trail internal pathways, 60,000 approx. 700 lineal metres of internal park trail (**option construct roadway bike lanes 125, 000) n. i. total 7. Removal of four (4) existing gravel parking areas 30,000 remove and recycle gravel add topsoil and grass seed. Miscellaneous Landscaping, armourstone, bollards, 30,000 picnic tables. SUB -TOTAL 254,000 CONTINGENCY (10 26,000 TOTAL ESTIMATE 280,000 LICENCE AGREEMENT This non exclusive Licence agreement made in duplicate this 1' day of June 2007. BETWEEN: RECITALS: ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario (hereinafter referred to as "OPG and THE CORPORATION OF THE CITY OF NIAGARA FALLS., a corporation existing under the laws of Ontario (hereinafter referred to as "The City A. OPG is the owner of the Lands defined below. OF THE FIRST PART, OF THE SECOND PART. B. The City has requested to license the Lands on a non exclusive basis for recreational trail purposes and operating on the Lands a boat ramp(s) and motor vehicle parking lot(s). C. This Licence Agreement cancels and supersedes a Licence Agreement dated on the 1 day of July 1982 for a term of 25 years between Ontario Hydro and the Corporation of the City of Niagara Falls NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein contained the parties hereto covenant and agree as follows: 1. DEFINITIONS For the purposes of this Licence, the following defmitions shall apply: (a) "Sketch" means the general site sketch illustrating thereon the Lands being the subject of this Licence as outlined in red shaded in yellow being Schedule `A' attached hereto and forming part of this Licence. (b) "Lands" means Part of 212, 213, 214, 215, 216, 217 and 218 in the Township of Stamford, now the City of Niagara Falls, in the Regional Municipality of Niagara consisting of approximately 30.898 acres and comprised of those lands shown in yellow on Schedule "A" and commonly known as George Bukator Park. Page 1 of 11 (d) "OPG Works" means all structures and equipment wherever located, owned or used by OPG in connection with the generation, transmission, distribution or sale of electricity including, without limitation, all transmission lines (including buried cables and wires), towers, poles, guys, anchors and transformers (including pad mounted transformers, and communication structures and equipment). (g) 'Requirements of Environmental Law" means all requirements of the common law or environmental, health or safety statutes, regulations, rules, policies, ordinances, orders, approvals, notices, permits or directives of any federal, provincial or local judicial, regulatory or administrative agency, board or governmental authority, and OPG safety guidelines and the Canada Standards Association Standard 22.3 relating to the Lands, and this Licence and the intended uses thereof including, but not limited to, all requirements imposed by the common law or any statute, regulation, rule, policy, ordinance, order, approval, notice, permit or directive which relate to: (i) pollution or protection of the air, surface water, ground water or land; (ii) noise; (iii) solid, gaseous or liquid waste generation, handling, treatment, storage, disposal or transportation; (iv) exposure to hazardous or toxic substances; or (v) applicable requirements of all federal, provincial or Local environmental, health or safety laws (vi) "Term" has meaning as set out in section 2. of this Licence. YIELDING AND PAYING therefore a Land Use Charge in the amount of Two ($2.00) dollars (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: 2. TERM AND LAND USE CHARGE In consideration of the Land Use Charge reserved and the covenants and agreements herein, OPG grants permission by the way of Licence to the City to use the Lands, subject to the terms and conditions of this Licence and all existing encumbrances, commencing on July 1 2007 and terminating on June 30, 2017 (the Term). Save as otherwise provided for in this Licence, this Licence may be terminated by either party hereto at any time upon six (6) months written notice. 3. USE It is a condition of the granting of this non exclusive Licence and of the exercise of the rights and privileges hereunder granted, that the Lands, together with all facilities of ingress and egress be used for the sole purposes of public recreational use, parking and boat ramp purposes. For greater clarity, the purposes of this Licence, the parking of motor vehicles shall mean parking only in connection with the use of the Lands for public recreational purposes and operating and/or maintaining a public boat ramp(s). There are no further uses granted. No other use may be made of any part of the Lands, which has not received the prior written approval of OPG. Without limiting the generality of the foregoing, specific uses for which OPG shall be deemed not to be unreasonably withholding its consent in the event of OPG refusing to Page 2 of 11 give its approval include any uses, whether temporary or not, that in the opinion of OPG are associated with the accumulation or piling of garbage, soil or any other substance or material and any use which in the sole opinion of OPG constitutes a public hazard or nuisance, or a danger or impediment to the effective and efficient operations of OPG or OPG Works. 4. THE CITYS COVENANTS The City hereby covenants with OPG as follows: (a) to pay the Land Use Charge hereby reserved in the manner and on the day specified herein; (b) to pay to OPG on demand, all business taxes, realty taxes, local improvement rates and any and all other assessments levied in connection with The City's improvements to the Lands, The City's use, occupancy thereof or operations therefrom; specifically, the City shall pay to OPG during the term of this Agreement, and within a reasonable period of time after demand thereof, an amount equal to all amounts paid or payable by OPG on account of any realty taxes or grants or payments in lieu thereof, rates, fees or other assessments or payments in lieu thereof, that are attributable to the Lands (the "Realty Taxes The City acknowledges and agrees that (i) the Realty Taxes shall be determined by OPG by applying the City's proportionate share to the total amounts paid or payable by OPG for the lands assigned assessment roll number. (c) to permit OPG and its agents at all reasonable times to enter and view the condition of the Lands, and to promptly alter, repair, restore and maintain them to the satisfaction of OPG in accordance with notice to do so given by OPG or its agents; (d) to comply satisfactorily with all instructions of OPG's inspectors including without limitation instructions to halt business and operations if, in the opinion of such inspectors, the OPG Works or the safe or efficient operation thereof or access thereto may be interfered with or the safety of the public may be in jeopardy; (f) (g) to erect traffic controls on the Lands if requested by OPG; not to operate or permit to be operated vehicles or other equipment within 10 feet of any OPG Works; and not pile snow or allow snow to be piled on any of OPG's adjoining lands, nor on the Lands such as to result in snow piles exceeding 6 feet in height or being closer than 25 feet to any OPG Works. In the event of The City acting in breach of this condition OPG may remove, or arrange to be removed, any such snow pile, the cost of which work shall be charged by OPG to The City, and The City shall make immediate payment therefore to OPG. (h) not to alter the existing grade, contours, drainage, or water courses, nor apply gravel or asphalt to the Lands, nor erect or construct any building, structure or facility on the Lands, including retaining walls, without first having obtained all required municipal and governmental permits and approvals, and only after submitting detailed plans for the approval of OPG and having obtained OPG's prior consent thereto; (i) to comply with all technical specifications of OPG as OPG may at any time and from time to time require and to ensure all employees and contractors of The City observe same; (j) at it's sole expense to carry out and maintain all improvements, whether or not required by OPG, in a good, substantive and workmanlike manner; (k) Insurance i) The City shall obtain and maintain in full force and effect, at its sole cost, throughout the Term and during such other time as the The City occupies or Page 3 of 11 otherwise is in possession of the Lands or any part of the Lands, the following insurance: "all risks" property insurance covering all property of The City, including property for which it is legally liable, located within the Lands and the Lands, including all contents, The City improvements, inventory, stock -in- trade, furniture and moveable equipment, in an amount of not less than the full replacement cost thereof, with an agreed amount co- insurance clause. Insurance coverage must at a minimum insure the event of fire and other perils covered under Insurance Advisory Organization's Standard Extended Coverage Endorsement, including earthquake, flood and collapse, and showing OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a waiver of subrogation provided by the underwriter(s). Anyone else designated in writing by OPG shall be additional named insured; II. boiler and machinery insurance on all objects in, on or servicing the Lands, all of which are owned, operated and controlled by the City in the Lands or relating to or serving only the Lands, on a blanket repair or replacement basis including, without limitation, a by -law endorsement and disputed loss provisions, with limits for each accident in an amount not less than the full replacement cost of such objects as well as of any The City improvements and trade fixtures, and such insurance shall also name OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a waiver of subrogation provided by the underwriter(s). Anyone else designated in writing by OPG shall be additional named insured; III. commercial general liability insurance on an occurrence basis with limits of not less than $5,000,000.00 inclusive for both bodily injury, including death, personal injury and damage to property, including loss of use thereof, for each occurrence. Coverage shall specifically include but not be limited to the following: blanket contractual liability, damage to all property of OPG, including loss of use thereof, pollution liability coverage on at least a sudden and accidental basis, products completed operations, employer's Liability; non -owned automobile liability; The City's legal liability and, broad form property damage with respect to the City's business, use or occupation of the Lands by the City or any of its servants, agents, contractors or persons for whom the City is in law responsible and showing OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a severability of interests and a cross- liability clause; IV. automobile liability Insurance, covering all licensed motor vehicles operated by the City, covering bodily injury and property damage liability to a combined inclusive minimum limit of $2,000,000 and mandatory accident benefits; and, V. any other forms of insurance as OPG, acting reasonably, or any mortgagee of OPG, requires from time to time, in amounts and for insurance risks against which a prudent The City would insure. ii) Each of the City's insurance policies will contain, as appropriate: I. any standard mortgage clauses that may be required by the Mortgagee; II. a waiver of any subrogation rights which the City's insurers would have against OPG or any person for whom OPG is in law responsible; III. a provision stating that the City's insurance policy will be primary and will not call into contribution any other insurance available to OPG; and Page 4 of I 1 N. a waiver, as respects the interests of OPG and of any Mortgagee, of any provision in any of the City's insurance policies with respect to any breach of any warranties, representations, declarations, or conditions contained in the City's' policies. iii) All policies will be taken out with insurers and be in a form satisfactory to OPG. The City will deliver to OPG prior to the date it occupies the Lands for any purpose either certificates of insurance and/or certified copies of the City's insurance policies. The City will, from time to time, or as required by OPG, furnish to OPG certificates or other evidences acceptable to OPG as to the City's insurance in effect and its renewal or continuation in force. In addition, the City will provide to OPG such evidence as OPG requires describing how the full replacement cost of the City's stock -in- trade, furniture, fixtures, and The City improvements was determined. Failure of OPG to demand such certificate or other evidence of full compliance with these insurance requirements or failure of OPG to identify a deficiency from evidence provided will not be construed as a waiver of the City's obligation to maintain such insurance. The acceptance of delivery by OPG of any certificate of insurance evidencing the required coverage's and limits does not constitute approval or agreement by OPG that the insurance requirements have been met or that the insurance policies shown in the certificates of insurance are in compliance with the requirements. iv) All policies will contain an undertaking by the insurers that no material change, cancellation or termination of any policy will be made unless OPG has received at least 30 days prior notice of the change, delivered according to the provisions of this Licence. v) If the City at any time fails to take out, keep in force or pay the premiums on any insurance as required in this Licence, or if The City fails from time to time to deliver to OPG satisfactory proof of the good standing of any such insurance or the payment of premiums as required in this Licence then OPG will, without prejudice to any of its other rights and remedies under this Licence, have the right, but not the obligation, to place such insurance on behalf of The City. This cost together with all expenses incurred by OPG and an amount equal to 15% of those costs and expenses to cover OPG's overhead and supervision will be paid by The City to OPG upon demand. (I) to repair and maintain the Lands and all improvements in good, substantive condition and to deliver them up in this condition on termination of this Licence; (m) the City shall promptly comply with or conform with the requirements of every applicable statute, law, bylaw, regulation, ordinance, requirement and order from time to time or at any time in force during the term of this Licence and any extensions affecting in any way the maintenance, use or occupation of the Lands. (m)without limiting the generality of the foregoing, at its own expense, to comply with all Requirements of Environmental Law relating to the Lands, or the City's occupancy thereof, including without limitation, respecting the clean-up of unauthorized dumping or remediation of any condition of the Lands, and said building(s) including water, whether or not pre existing. The City acknowledges having had the opportunity to inspect the Lands prior to entering into this Licence and accepts the Lands "as is, where is (n) the City shall prohibit kite flying and model airplane flying and any other activities which in the opinion of OPG might interfere with the safe and efficient operation of its works or be offensive, annoying or dangerous and shall post signs in suitable locations on the land stating that kite flying and model airplane flying and other activities is prohibited. Page 5 of 11 (o) the City will maintain, provide upkeep and repair /replace if necessary all facilities operated by the City including retail, washroom, storage parking areas walkways, docks or any other structure associated with the City's use of the Lands at their sole expense, and at the request of OPG. (p) the City will design, plant and maintain the exisiting gardens, and all other lawns, and vegetation on the Lands. (q) the City shall prohibit the consumption of alcohol on the Lands by its employees, servants, contractors, agents and other persons, entities and invitees permitted by the City to use the Lands (including the general public). (r) the City will be responsible for any snow removal on the Lands. (s) the City will install and maintain at their sole cost signage indicating the partnership between OPG and the City of Niagara Falls allowing for the City to use the Lands free of any Land Use Charge. The exact wording to be determined by the Niagara Plant Group, Public Affairs. In a prominent location, the signage shall be posted no later than 6 months after the execution of this agreement. 5. WASTE AND NUISANCE The City shall not commit or suffer any nuisance, waste or injury to the Lands, and shall not use or permit to be used any part of the Lands in any dangerous, noxious or offensive manner and shall not cause or permit any nuisance in, at or on the Lands which is offensive or an annoyance to OPG or the community. 6. PROTECTIVE INSTALLATIONS In the event OPG considers it necessary that any of the OPG Works be fenced or otherwise protected or made separate, The City shall at its own expense, erect and maintain such fences or other protective installations as OPG may reasonably require. 7. OPG ACTIVITIES OPG may at any time upon reasonable notice (except in an emergency when no notice shall be required), enter the Lands and inspect, install, maintain, repair, replace, remove, alter, relocate or add to any of the OPG Works located thereon and may construct, install, inspect, maintain, repair, replace and remove any new works on the Lands and conduct excavation without liability to The City. For greater certainty, The City acknowledges that OPG shall not be responsible for any damage caused by OPG in the exercise of the above rights to The City's improvements, landscape or business. S. INCREASE IN OPG'S COSTS If at any time or times the Licence or any of the operations carried out pursuant to this Licence or any improvements made to the Lands by or for the benefit of The City should, in the opinion of OPG acting reasonably, directly or indirectly increase the cost or expense of any of the presently existing OPG Works or any works required by OPG in the future, or the maintenance, construction or operation thereof, The City shall pay to OPG on 30 days' prior written notice, such increase in cost or expense, including without limitation, the cost to OPG of acquiring any additional lands or rights which would not have been required but for the existence of this Licence, or The City's improvements, use or possession of the Lands, The City shall have the option of terminating this Licence within such 30 day notice period, in which event all other provisions of this Licence including without limitation, restoration obligations shall be applicable. Page 6 of 11 9. LICENCE SUBJECT TO ENCUMBRANCES AND OPG OPERATIONS This Licence and The City's interest herein shall be subject to all existing leases, Licences and rights of use or occupation which may exist at the date of this Licence, whether or not registered, and OPG may from time to time renew or extend these arrangements or enter into new ones, whether or not with the same parties, and to which new arrangements this Licence shall also be subject, so long as the rights granted thereunder do not interfere unreasonably with The City's occupation. Despite anything to the contrary in this Licence The City acknowledges that OPG in its discretion shall be entitled at any time(s) to permit part(s) of the Lands to be used by it or its permittees (collectively the "Permittees for further or other purposes, uses, businesses or undertakings (the "Other Uses of its choice that do not, in the reasonable opinion of OPG, interfere unreasonably with the operations of The City, and to renew, extend, or grant such rights and make and complete such arrangements in this regard with such Permittees as OPG considers necessary or desirable, all at no further expense or condition and without being in default under this Licence or otherwise liable to The City. The City agrees to cooperate and discuss in good faith and in a timely fashion with OPG and such Permittees all proposals, impacts or reasonable requests of OPG or other Permittees at any time(s). Should OPG notify The City at any time(s) that OPG wishes to renew, extend, or grant rights and make arrangements to authorize such Other Uses, The City hereby covenants to accept and consent to each of the same. Should OPG notify The City at any time(s) that OPG considers it necessary, practicable or desirable (a) to at time(s) surrender part(s) of the Lands, to give effect to such Other Uses and to better implement OPG's proposed arrangements with any Pennittees; and/or (b) to surrender and replace any privileges and permission of The City in respect of this Licence in retum for the entering into of a shared -use arrangement amongst OPG, The City and such Permittees, The City shall immediately do so to the reasonable satisfaction of OPG, all without the need of any further expense, compensation or condition of any kind save and except the following: (i) all documentation shall be prepared by and at the expense of OPG; (ii) any replacement agreement is no more onerous to the City than the remaining major terms and conditions contained in this Licence. Despite anything to the contrary in this Licence, The City acknowledges and agrees that the primary use of the Lands is for OPG's operation, and The City's use is secondary to OPG's, and further that The City operations may from time to time be affected by OPG's operations, which shall include but not limited to fluctuation in water levels on the Lands, which in turn may affect The City operations or otherwise interrupts its operations or business. The City releases, indemnifies and will save harmless OPG from any and all claims, whether brought by The City or third parties, including business interruption and interruption in use or enjoyment of the Lands. 10. HEIGHT RESTRICTIONS The City shall maintain all vegetation at a height not exceeding 13.5 feet above the grade of the Lands existing prior to entry on the Lands by The City. The City shall ensure that the height of any vehicle, load, accumulation or any object, including attachments and people who may be standing thereon, at a location or locations proximate to the OPG Works, does not exceed 13.5 feet above the existing grade. Page 7 of 11 11. RELEASE INDEMNITY The City shall assume all liability and obligation for any and all loss, damage or injury (including death), by reason of fire, accident or otherwise to all persons or property, howsoever arising, as a result of or connected in any way with the use and occupation of the Lands or that otherwise would not have occurred but for the granting of this Licence and in consideration of the rights and privileges granted herein, The City does hereby release and forever discharge OPG, its subsidiary and affiliated corporations, successors and assigns and all persons acting on its or their behalf, from all claims, actions, demands or other proceedings in respect thereof; and in further consideration of same, The City hereby agrees to indemnify OPG, its subsidiaries, successors and assigns and all persons acting on its or their behalf, from and against all such claims, actions, demands or other proceedings and all expenses and costs occasioned thereby, its successors and assigns and/or all persons acting on its behalf. 12. REMEDIES OF LICENSOR OPG shall have all remedies, including without limitation, damages and injunction, available to OPG at law or in equity arising upon any default by The City under this Licence. 13. EVENTS OF DEFAULT AND TERMINATION An event of default "Event of Default shall be deemed to have occurred hereunder if any one or more of the following events occurs: (a) if default is made in the due payment of Land Use Charge or any other monies payable hereunder, and such default is not remedied within 5 days after written notice specifying the default has been delivered by OPG to The City; (b) if default is made by The City in the performance of or compliance with any other covenants, agreements, terms or conditions contained in this Licence, other than those referred to in subparagraph (a) of this paragraph 13, and such default has not been remedied within 30 days after written notice specifying the default has been delivered by OPG to The City, or in the case of failure to obtain or maintain insurance, within 3 business days after written notice specifying the default has been delivered by OPG to The City or in the case of a default which affects, or is likely to affect, the operations, maintenance or construction of the OPG Works, within 24 hours after written notice specifying the default has been delivered by OPG to The City. However, with respect to any such default (other than a failure to obtain or maintain insurance, or a default which affects, or is likely to affect, the operation, maintenance or construction of the OPG Works for which there shall be no extension) which is of a nature that it cannot, with due diligence, be cured within a period of 30 days, an Event of Default shall not be deemed to exist if The City has commenced to cure such default within 20 days after written notice thereof from OPG and so long as The City thereafter proceeds with all due diligence and takes all appropriate action to complete the curing of such default; (c) if The City files a voluntary assignment in bankruptcy or is adjudicated bankrupt or insolvent, or files any petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief from creditors under any present or future federal, provincial or other statute, law or regulation, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of The City or of all or of any substantial part of its property, or makes any general assignment for the benefit of creditors, as the case may be; (d) if a petition is filed against The City or any party comprising The City seeking an adjudication of bankruptcy of The City or the reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief from creditors under any present or future federal, provincial or other statute, law or regulation and remains undismissed or unstayed for an aggregate of 90 days (whether or not consecutive), or if a trustee, receiver or Page 8 of 11 liquidator of The City or of all or of any substantial part of its property, is appointed and such appointment remains unvacated or unstayed for an aggregate of 90 days (whether or not consecutive). If any Event of Default occurs, then and in every case and so often as same shall happen, OPG shall have the right, at its option, to reenter or to cancel and terminate this Licence with or without reentry, by giving The City not less than 10 days' notice of cancellation and termination, and upon the expiration of the time fixed in such notice, all rights of The City with respect to the Lands or any part thereof and this Licence shall be absolutely forfeited and shall lapse in the same manner and with the same force and effect as if the expiration of the time fixed in such notice of cancellation and termination were the end of the term including all permitted extensions. 14, NOTICE Except as is otherwise provided in this Agreement, every notice required or permitted under this Licence must be in writing and may be delivered in person, by courier or by fax to the applicable party, as follows: If to the OPG, Ontario Power Generation Inc. 700 University Avenue, H18 E8 Toronto, Ontario M5G 1X6 Attn: Manager, Real Estate Services Fax: 416 -592 -8115 If to The City, The City of Niagara Falls 4310 Queen Street, P.O Box 1023, Niagara Falls, Ontario, L2E 6X5 Attn: Manager, Parks Cemetery Services Fax: 905- 354 -7706 Or to any other address, fax number or individual that a party designates by notice. Any notice under this Licence, if delivered personally or by courier will be deemed to have been given when actually received, if delivered by fax before 3:00 p.m. on a business day will be deemed to have been delivered on that business day and if delivered by fax after 3:00 p.m. on a business day or on a day which is not a business day will be deemed to be delivered on the next business day. 15. REMOVAL OF INSTALLATIONS AND RESTORATION Upon termination of this Licence for any reason, OPG may require The City at its own expense to remove any of its installations and facilities from the Lands, erect a fence separating the Lands from adjacent lands or from the additional lands of OPG in use by or licenced by OPG to others and restore the Lands to a condition satisfactory to OPG. 16. SURVIVAL OF INDEMNITY The obligations of The City to indemnify OPG pursuant to Section 11, and similar obligations pursuant to other sections of this Licence, shall survive the expiration or other termination of this Licence. 17. ASSIGNING AND SUBLETTING The City shall not enter into, authorize, permit or suffer any assignment, subletting or sublicensing of this Licence or any of the rights or privileges hereunder, nor shall it part with or share possession Page 9 of 11 of the Lands, without OPG's prior written consent, which consent may be withheld in OPG's sole discretion. 18. TITLE The City shall not enter into any agreements for the Lands, which would run with the Lands and become an obligation of OPG upon termination or expiry of this Licence without OPG's consent, which consent may be withheld in OPG's absolute and unfettered discretion. 19. NO RELEASE OF LIABILITY No termination or assignment of this Licence, consented to by OPG shall relieve The City of its liability and obligations hereunder and such liability and obligations shall survive any such termination or assignment. 20. GENERAL TERMS The division of this Licence into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of this Licence. Words importing the singular include the plural and vice versa. The term "including" means "including without limitation and the terms "includes" and "included" have similar meanings. This Licence is governed by, and is to be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. The parties irrevocably submit to the non exclusive jurisdiction of the courts of Ontario in respect of any matter relating to this Licence. If any term of this Licence is or becomes illegal, invalid or unenforceable, the illegality, invalidity or unenforceability will be deemed severable and will not affect any other term of this Licence. This Licence constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, negotiations, discussions, representations, warranties and understandings, whether written or verbal. This Licence enures to the benefit of and binds the parties and their respective successors and assigns. No term of this Licence may be amended or waived except in writing. No failure to exercise, and no delay in exercising, any right or remedy under this Licence will be deemed to be a waiver of that right or remedy. No waiver of any breach of any term of this Licence will be deemed to be a waiver of any subsequent breach of that term. In Witness Whereof the parties have duly executed this Licence. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Name: Title: Title: I have the authority to bind the corporation. I have the authority to bind the corporation ONTARIO POWER GENERATION INC. Name: Title: I have the authority to bind the corporation. Page 10 of 11 1 1 2 213 Schedule 'A' George Bukator Park 1 2x5 sox FRerJr COW erg: 211 Dow rugs[ 3T I. 218 Z City of Niagara Falls Township of Stamford Licenced Lands OPG Fee Simple Total Area Licenced: 30.898 acres October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraf C A N A D A Re: R- 2007 -30 Preakness Park Re- Design RECOMMENDATION: That the information regarding the re- design of Preakness Park be received. BACKGROUND: On August 7, 2007, Council was provided with a general update on Preakness Park (Attachment 1) given an incident of concern at Preakness Park on July 18, 2007. On August 2, 2007, a community information meeting was organized and more than 600 residents in the area of the park were invited to attend the meeting. The meeting of August 2, 2007, had provided an opportunity to discuss potential solutions with the residents that could be considered. Crime Prevention Through Environmental Design (CPTED) principles were outlined as central to the recommended re- design considerations. The concept plan developed by staff was provided at this meeting (Attachment 2). The general feedback from a questionnaire that was distributed to those in attendance at the meeting and also delivered to more than 600 homes /residents in the area of Preakness Park area has been tabulated. The general summary of the Preakness Park Community Survey is Attachment 3. Based on CPTED guidelines and residential feedback, the following are the corresponding costs to support basic park re- design for Preakness Park totaling $11,500. These costs, will be supported by adjusting expenditures of the PRC 2007 operating budget. 1. Security Lighting $5,000 A light and pole will be installed at the street and will shine onto the playspace. ntrose Road, Unit "1 Niagara Falls ON,Canada L2H 3N3 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community R- 2007 -30 Community Services Department Parks, Recreation Culture October 29, 2007 2 R- 2007 -30 2. Tree Removal $1,000 Three large coniferous trees, currently located on the berm in front of the playspace, will be spaded and relocated to Garner Park. 3. Berm Removal Sign Relocation $4,000 The berm in front of the playspace will be leveled to allow for improved sight line from the street. The park sign and amour stone will be relocated to another section in the park. 4. Sod $1,500 Using existing top soil, the sod will be installed by Parks Staff. 5. Tree Pruning Internal Staff will prune the existing coniferous trees throughout the park to allow for improved visibility. Playground Maintenance Review Considerations The City currently has 48 sand playspaces in our inventory. Six have a grass surface, two are rubberized and the newest playground, The Park at the MacBain Community Centre has artificial turf. The cost for replacing the sand surfacing at Preakness Park with a rubberized surface is estimated to be $50,000 to $60,000. The cost to replace all existing parks with rubberized surfacing would be approximately $2.4 to $2.8 Million. As part of the follow -up to this incident, a review of maintenance options for playground sand surfaces has been explored including consultation with other municipalities. Sand maintenance enhancements that are achievable using SandMan' a machine specifically designed for the removal and cleaning small debris (broken glass, sharp objects, cigarette butts) will be completed during a two -week trial rental period in October. Based on the experience of other users of `SandMan' staff anticipates that the `SandMan' would provide enhanced maintenance for all sand playspaces, as well as more active response rate for removal of small debris based on calls for service. The purchase price of the SandMan is approximately $10,000. Based on the two -week trial, any recommendation to purchase the equipment would be included in the 2008 budget. Neighbourhood Community Volunteers Preakness Park Based on the questionnaires, 22 residents indicated an interest in being involved with a volunteer committee. Each interested resident received a letter on September 24, 2007, inviting them to attend a meeting on October 4, 2007. (The letter and Agenda are Attachment 4). Staff and a representative from the Niagara Regional Police met with the seven neighbours /residents who attended the October 4, 2007, meeting. The meeting included a review of the park design solutions as outlined in this report. Based on the feedback, the recommendations regarding the removal of the berm and installation of lighting were well received. Questions regarding a rubberized surface were addressed by staff in the context of budget and the number of playspaces with sand surfaces. Staff also provided general information on the future testing of "SandMan" for improved future maintenance. October 29, 2007 3 R- 2007 -30 A neighbourhood watch program was discussed. There was strong interest in implementing a program for Preakness Park which will be spearheaded by the NRP working with the residents. The willingness of the community to take an active role and participate in building solutions was stressed by the NRP at the August meeting as a key to ensuring a safe and fun environment at the Preakness Park. The residents also indicated to staff that the unwanted activity in the park had greatly diminished to date. This was attributed to the enhanced visibility of the park security patrols and additional police presence in the park neighbourhood Recommended by: Approved by: Respectfully submitted: Attachments S S: \Council \Council 2007 \R 2007 -30 Preakness Park Improvements.wpd Denys O Morrissey, Director of Parks, Recreation Culture Ed Dujlovic, Execu've Director of Community Services I V FL MacDonald, Chief Adminis ative Officer Community Services Department Parks, Recreation Culture Inter Department Memorandum RE: Preakness Park Update Background Working Together to Serve Our Community ATTACHMENT 1 TO: Mayor and Members of Council DATE: August 7, 2007 FROM: Denyse Morrissey Director of Parks, Recreation Culture Ext. 3331 The neighbours of Preakness Park and all interested citizens were invited to attend a Community Information Meeting on August 2, 2007 regarding Preakness Park Issues Opportunities. Parks, Recreation Culture staff, as well as a representative from the Niagara Regional Police provided an overview of the types of unwanted activities occurring in parks in the City of Niagara Falls, including Preakness, as well as other parks in Ontario municipalities. On July 18, 2007 a young child was taken to hospital due to encountering a needle in the sanded area underneath the playground. Preakness Park is approximately 6.9 acres and the general features of the park are shown in the attached park plan. There are 87 parks in the City of Niagara Falls and 56 parks have playgrounds. The total acreage of parks is approximately 768 acres The actions that had been implemented to date by the City, including an enhanced working relationship with the NRP, the security firm, as well as the consultation initiated via the community information meeting were outlined. Staff also presented, using a power point presentation, a number of potential solutions that could be considered via park design using Crime Prevention Through Environmental Design (CPTED) The input and involvement of the community, including the benefit of a neighbourhood watch or a volunteer group such as Friends of Preakness Park was seen as a very important component of this review process. Community involvement was emphasised by both staff and the NRP. Based on the attendance sign -in sheet approximately 40 adult participants attended the meeting. Approximately 600 notices of the meeting were delivered to homes in the general neighbourhood. Notice of the meeting was also placed on the City web site. A number of calls were received from residents who, due to other commitments, were not able to attend the meeting but would provide their input via the questionnaire A questionnaire was also distributed at the meeting. The questionnaire will also be delivered to homes in the area (600 homes approximately) the week of August 7, 2007 and will be placed on the City web site. Those responding are asked to return the questionnaire by August 16, 2007. Information Meeting: General Comments A number of comments and suggestions were offered by residents on the potential opportunities outlined by staff and the NRP. Residential priorities conveyed by some attendees specific to the park with respect to potential re- design of the main park entrance, playground surfacing, lighting, and other park features were noted. The summary of the meeting comments, questionnaire responses, and associated costs with any recommendations and considerations will be outlined into a staff report that will be provided to Council in September. Working Together to Serve Our Community NT RI` SIGN REL }CATE WAY FROM p LAYG1C21 PREAKNESS PARK FRONT PERSPECTIVE PROPOSED N PARK FRONT PERSPECTI HIDDEN EN SIGN ND yM 1 Gender Male Female 2 Age 10 yrs. under 11 yrs. 19 yrs. 20 yrs. 35 yrs. 36 yrs. 49 yrs. 50 yrs. 64 yrs. 65 yrs. over no age indicated 3 Do you use Preakness Park? Yes No 4 a) What activities do you use the Park for? Playground Toboggan hill Basketball court Walking /Running Baseball Enjoy nature Walking pet on leash Ice skating Others (soccer, riding bikes, picinics, biking) b) What time of year do you use the Park? Spring Summer Fall Winter c) How often do you use the Park? Daily Once a week Few times a month Few times a year 5 How would you classify your general feeling of the Park? Feel completely safe Feel somewhat safe Feel somewhat unsafe Feel completely unsafe Unsure/ Do not know 6 Does your feeling of safety and security in the Park change according to either time of day or the time of year? Yes No PREAKNESS PARK COMMUNITY SURVEY Meeting TOTALS 27% 5% 0% 18% 55% 18% 0% 5% 64% 36% Web /Mailing TOTALS 39% X23.' 61% comments relfected that there is broken glass, graffiti and profanity at the park 91% 59% 36% 59% 14% 36% 18% 18% 18% 95% 95% 95% 77% 23% 45% 32% 5% 5% 14% 41% 36% 5% 73% 27% S: \Parks \Preakness \Final Survey Results Summary-no volunteer names A'1"1'AC MENT 3 0% 5% 34% 37% 16% 8% 78% 22% 64% 57% 14% 50% 11% 21% 39% 36% 0% 96% 93% 96% 75% 32% 21% 36% 11% 4% 43% 43% 11% 0% 54 18 an additional 8 people (29 responded that they would not use not use the park at night in the evening, in particular the warmer months when the kids are out of school 7 Are there any particular areas of the park that you feel are more unsafe? Yes No 8 Have you ever directly contacted the police due to an activity of concern taking place inthe Park? Yes of times police called Issue No 9 Have you ever directly contacted staff of Parks, Recreation Culture due to an activity of concern taking place in the park? Yes of times Parks called Issue No 10 Comments for improvement 11 Would you be willing to be a member of a neighbourhood community association for Preakness Park? Yes No Does your home back onto /is across from Preakness Park? Yes No 12 Additional Comments Comments for improvement addition of lighting around park, perhaps a motion detector type Meetin S: \Parks \Preakness \Final Survey Results Summary volunteer names Web /Mailin g 73% 27% 27% 73% 45% 55% 21% 79% g 48 30 an additional 6 people (22 indicated that there were areas that were areas that were more unsafe the playground, the berm and the basketball court glass was a re.eated concern 14% 2 7% 86% 86% *drugs, drinking mischief were listed for both sets of surveys 7% 82% *drugs, park maintenance, mischeif were listed in both surveys see info below 33% 67% 35% 65% see info below replace sand around playground with composite rubber material (ie. Fireman's Park) take out trees hill at front of park to allow better visibility from road, or make hill less high community /neighbourhood watch program /video surveillance /more police patrols /presence (regular visible patrols set up over different times over 24 hours) redesign so there are less hiding places soccer field more regular maintenance /cleaning of park and equipment curfew enforcement (9pm) fence the park in with barbed wire after dark better equipment for children fix the basketball nets playground equipment remove graffiti enforce dog /lease laws enact a smoking ban in parks and playgrounds... it's the next logical step in making Niagara Falls /Ontario smoke free. I can't tell you how disgusted I am taking my kids to a playground and having the parents of other children or teens smoking beside kids who are playing. I especially can't believe that people are allowed to smoke while IN THE WATER at the wading pool at F.H. Leslie. Additional Comments The Planning Department could include the cost of more lighting in future park developments by including the cost of such lighting in an agreement with the prospective sub divider. Would love to be sure my kids have a safe place to play and am willing to help make sure it happens. The safety of our children is of utmost importance. Physical activity is an essential component of growing up. My family will not be there until these changes are made. If considering lighting please do not flood properties with the lighting Toboggan hill is widely used and 1 feel that it should be kept. We need to implement changes to the park sooner rather than later. Fed up with the damage caused to our home pool at this time I don't feel I want to be a part of a neighbourhood assoc. It is unfortunate that in such a nice, family- orientated neighbourhood that we should have such a shabbily maintained park. I think its terrible that I should have to put my kids in the car and drive them to a park that is safe and clean. The park originally was a showplace. Poor maintenance, vandalism and neglect has resulted in the present condition. Of the original plantings, none of the trees were ever maintained. None of the trees which died or were broken by vandals have been replaced except for a trial planting of 2 mature evergreens about 10 years ago. These were planted, never watered or staked until they blew over in the wind. Then staking etc. was done as the trees slowly died. The red maples used along the path were a poor choice. Although a beautiful tree, they proved to be too slow growing leaving them subject to vandalism for many years. The red maples have been broken off at the base, set on fire or stripped of branches. The 2 willows have barely survived after numerous branches have been broken off by groups of kids. Some of the spruce are dead at the top. The pond is beautiful when filled, although it could not remain in hot months due to algae, etc., the filled time should be extended. If the valve were shut off mid to late September the pond would fill with rainwater since drainage of the entire park runs into it. As a taxpayer I have never been able to understand why several thousand cubic metres of water from a hydrant is used to fill the pond on the "fill the pond today" order when with a little foresight this could be done for free. In the early spring the pond is visited by ducks and geese for a few days until the valve is opened. This full period should be extended. I think low intensity street lamps (as opposed to street lights) should be installed along the walkways and in areas designated as "hangouts Periodic police patrols should take place until the area is no longer desirable as a night time gathering place. Where is the security force that is supposed to patrol the park and how do I get in touch with them. This spring there was soccer training for what appeared to be 4 to 6 year olds. The organizers or parents brought their own lawn mowers to cut the grass low enough that the kids could kick the ball. S: \Parks \Preakness \Final Survey Results Summary-no volunteer names RL:gr Attach. S:\Parks\Preakness \Volunteer Mtg Ltr Sept 24 07. Niag araFalls CANADA September 24, 2007 During the summer, Parks, Recreation Culture conducted a review of the safety issues at Preakness Park. As part of this review, a survey was conducted to collect feedback from those residents living within close proximity to the park. The information was used to assist the City in evaluating the current design, maintenance and security of the park. In the survey, residents were asked if they would be willing to volunteer as a member of a neighbourhood community association for Preakness Park. Your response indicated that you would like to be involved Thank you for your willingness to volunteer in this special neighbourhood watch initiative. Community involvement is key in creating a safe place to live, work and play, and we look forward to your assistance in this important community project. You are invited to a meeting on Thursday, October 4, 2007 at 7:00 p.m. at the MacBain Community Centre (upstairs in the Coronation Room) to discuss the results of the survey and the next steps that the City is taking to address the safety concerns identified at Preakness Park. The agenda is attached for your reference. Your participation is crucial for this initiative to be successful. Please confirm your attendance at this meeting by contacting Parks, Recreation Culture at 905- 356 -7521, ext. 3336 or by email at rllewellyn@niagarafalls.ca. We look forward to your participation in this important community project. ATTAC HNENT 4 Roz Llewellyn Community Development Coordinator 50 Montrose Road, Unit 1, Niagara Falls ON, Canada L2H 3N3 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Depart' mist Parks, Recreation Culture Ext 3336 Fax 905 356 -7404 I lewellyn @n iagarafalls. ca PREAKNESS PARK MEETING THURSDAY, OCTOBER 4, 2007 Niagara,Falls 7:00 P.M. MACBAIN COMMUNITY CENTRE- CORONATION ROOM (U stairs beside Heart Niagara) 1. Introduction MEETING AGENDA 2. Review of Survey Results Roz Llewellyn 3. Recommendations for Park Improvements Cynthia Roberts 4. Neighbourhood Watch Constable Stephen Ballard, Community Policing Officer 5. Discussion Next Steps 6. Closing 7. Adjournment If you are UNABLE to attend, please contact Roz at 905 356 -7521, ext. 3336 at least two days prior. Thank you for your cooperation. S:\Parks\Preakness\Agenda Preakness Volunteer meeting October 4 2007. October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: NiagaraJalls CANADA Working Together to Serve Our Community Community Se R- 2007 -31 Re: R- 2007 -31- Tender #T11 2007 Garner Park Landscape Development RECOMMENDATION: 1) That Tender #TR11 -2007 be awarded to Stevensville Lawn Service Inc. for the tendered price of $144,961.00, excluding GST. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. Garner Neighbourhood Park is located on the north side of McGarry Drive immediately north of St. Michael's High School located on McLeod Road. This landscape development tender includes, but is not limited to, site clearing, grading, asphalt walkways, hard surface sports court, playground surfacing material, installation of park amenities, tree planting, seeding and sodding. Seven (7) contractors submitted bids and tenders were opened in the presence of the City Clerk on Thursday, October 18, 2007, at 1:30 p.m. for the above noted tender. Parks, Recreation Culture landscape staff reviewed all tender documents, including detailed price schedules and found them to be acceptable. Listed below is the summary of the bid prices, excluding GST, received from each of the seven (7) bidders. l ontrose Road, Unit 1 Niagara Falls ON, Canada 'L2H 3N3 905-356-7521 www.niagarafalls.ca Stevensville Lawn Services Inc. Stevensville $144,961.00 Touchstone Site Contractors St. Catharines $146,172.09 Peninsula Construction Fonthill $151,092.07 Anthony's Excavating Wellandport $185,922.00 Circle P Paving Niagara Falls $188,583.90 Norjohn Contracting Niagara Falls $198,351.33 Peter's Excavating Fort Erie $207,564.00 October 29, 2007 The recommendation is to award the Garner Neighbourhood Park Development Tender TR11 -2007 to the low bidder, Stevensville Lawn Services Inc. in the amount of $144,961.00 excluding GST. The work will commence in November 2007 and be completed in the spring of 2008. The total budget approved for this capital 2007 project was $176,000. This component of the project is within the estimates included in the $176,000. The remaining project costs totaling approximately $32,500 and which are not a part of this quote include site surveying, engineering consulting services, supply and installation of a creative play structure, park signage and other parkland amenities. Recommended by: Approved by: Respectfully submitted: 1 h/ c. Denys Morrissey, Den ector Parks, Recreation Culture Ed ujlovic, Executive Director of Community Services 2 k 0, 4 MacDonald, Chief Admi S: \Council \Council 2007 \R 2007 -31 Garner Park Development.wpd strative Officer R- 2007 -31 October 29, 2007 L- 2007 -37 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2007 -37 Permanently Close Laneway Between McGrail Avenue and Ellen Avenue Our File No.: 2007 -167 RECOMMENDATION: NiagaraFalls C A N A D A That a laneway located between McGrail Avenue and Ellen Avenue to the north west and south east and Centre Street and Walnut Street to the south west and north east "subject lands and shown hatched on Attachment "1" be permanently closed and conveyed to the abutting owners. BACKGROUND: Legal Services has received a request to permanently close and convey a portion of the subject lands to one of the abutting owners. The City has long had a practice of closing the entire laneway, not just a portion, therefore we will be offering to the abutting owners of the laneway that portion of the laneway which abuts their property. The laneway is an open road allowance "road allowance located between McGrail Avenue and Ellen Avenue and is approximately 10 -15 feet wide, with a portion of it landlocked at the south west end. Permanently closing and disposing of the subject land will relieve the City of all maintenance, plowing and potential liability. It should be noted that presently the subject land only serves the abutting owners. There are numerous, long standing encroachments onto the subject lands, some of which include gardens, fences, trees, gravel and a portion of a concrete walk. The request has been circulated to all City departments, the result of which was that Staff had no objections to the road allowance being permanently closed, declared surplus and conveyed to the abutting owners. The first step in proceeding to sale, given that this is an open road allowance, is to permanently close the road, with any declaration of surplus or sale to follow the registration of that closure. As such, it is our recommendation that the subject lands be permanently closed. 0 Queen Street, Po. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services October 29, 2007 Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Ken Beaman, City Solicitor John 2 K. E. B rden, Acting Director of Corporate Services d cDonald, Chief Administr.tive Officer L- 2007 -37 4. TERANEi' Teraview` 0 14 28 42 56 70 84 metres Oct 15, 2007 Protected by Copyright May not be reproduced without permission. This map was compiled using plans and documents recorded In the Land Registry System and has been prepared for property indexing purposes only. This Is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto: 416 360 -1190) WE CITY OF NIAGARA FALLS By -law No. 2007 A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Lane Plan 291 lying between McGrail Avenue and 59R -4270; except Parts 1 to 6 inclusive on 59R 11934; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. Ten foot lane, Plan 291 Town of Niagara Falls lying between Walnut Street and 59R -7270, except Part 1 on 59R 11000, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 3. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -ninth day of October, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 29, 2007. October 29, 2007. October 29, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to declare Part Lot 39 south side of Simcoe Street Plan 1002 Town of Niagara Falls, in the City of Niagara Falls, surplus. WHEREAS City of Niagara Falls By -law No. 2003 -16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, every municipality and local board shall by by- law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Part Lot 39 south side of Simcoe Street Plan 1002 Town of Niagara Falls, in the City of Niagara Falls as in R0460399; S/T T/W R0460399; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty -ninth day of October, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 29, 2007. October 29, 2007. October 29, 2007. A by -law to authorize the execution of an Agreement of Purchase and Sale with Douglas Schultz and Germaine Schultz respecting the purchase of lands described as Part of Lot 156, Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, shown as Schedule `B" in the attached Agreement of Purchase and Sale. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated October 11, 2007, and made between Douglas Schultz and Germaine Schultz and The Corporation of the City of Niagara Falls for the property described as Part of Lot 156, Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, shown as Schedule `B" in the attached Agreement of Purchase and Sale, subject to such terms and conditions as set out in the said Agreement of Purchase and Sale, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -ninth day of October, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 29, 2007. October 29, 2007. October 29, 2007. CITY OF NIAGARA FALLS By -law No. 2007 AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls agrees to purchase from VENDOR, Douglas Schultz and Germaine Schultz the following REAL PROPERTY: Address 6400 Kalar Road, and legally described as Part of Lot 156, in the Geographic Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara and shown cross hatched on Schedule "B" attached (the "property PURCHASE PRICE: Dollars(CDN$ DEPOSIT: Purchaser submits_ Dollars (CDN$ (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. The Vendor makes no representations nor gives any warranties with respect to the suitability or fitness of the property for any use contemplated by the Purchaser nor makes any representations or gives any warranties with respect to the environmental issues or concerns and the Purchaser agrees to accept the property on an "as is" basis. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4 :30 p.m. on the 31" day of October 2007 after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 30 day of November 2007. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. ,For delivery of eocices Co vedor)FAX NO. (905) 371 -2892 (For delivery of notices Co Purchaser) 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 15 day of November,2007 (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use residential) may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Purchaser, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of 2007 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: THE CORPORATION OF THE CITY OF NIAGARA FALLS (Witness/ (witness) I, the Undersigned Vendor, agree to the above Offer. cwitnesz( a.m. /p.m. this day of (eurch.ea R.T. (Ted) Salci, Mayor (seal) (Purchaser, Dean Iorfida, City Clerk (seen ).,der, DOUGLAS SCHULTZ end./ GERMAINE SCHU 20 DATE DATE DATED AT Niagara Falls this day of Q C 17 Tie 2007 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: Wic DATE Cerr 7 (Stgnetuse) (Seal) DATE 0Ci/x C',7 (Sea 1) CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE rve�aoo DOUGLAS SCHULTZ R.T. (Ted) Salci, Mayor DATE DATE (V 0 GERMAINE SCHULTZ ournr Dean Iorfida, Clerk Address for Service: Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St. P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. Tel. No. (905) 356 -7521 Vendor's Lawyer Purchaser's Lawyer Kenneth L. Beaman Address Tel.No. FAX No. Address 4310 queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 (905) 356 -7521 Tel. No. (905) 371 -2892 FAX No. SCHEDULE "A" PURCHASER: The Corporation of the City of Niagara Falls VENDOR: Douglas Schultz and Germaine Schultz 1. It is understood and agreed that the land to be conveyed herein is subject to a Survey to be prepared at the expense of the Purchaser. 2. It is understood and agreed that the purchase price of Twenty Thousand Dollars includes compensation for loss of trees and all other forms of landscaping located on the lands to be conveyed herein. 3. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of Niagara Falls City Council. 4. It is understood and agreed that the Purchaser will pay the Vendor's reasonable legal costs required to complete this transaction. GRAVEL o ft SAN. NH SA— KALAR ROAD 0 SRANEL SHOULD0t Fd. 2 Fd. NAIL WASHER ALX -4111%111■1111111. 1■11111111■11■1■11■1110.11=11■1111111 ITEEMEIMIIM■11111111■1111■11111.9■101 phmlatiaminia 30.48 ma Y AWF 5ed'O /eo/V ADDITIONAL PROPERTY REQUESTED (AREA 99 m2 .0.co AlE/e5"; ,se/V' 4ide 4-c/(2z7z PIKWOZED CONCRETt =MAW POKIPOIED BOULEYAND osA SAN. RH CRAY& SHOULDER ASAU4. 0370 Fd. 8.1.13. 0 PROPERTY REQUIRED FOR SIDEWALK (AREA 106 m2 PROPOSED PROPERTY L NE (SHOWN AS 0.3m 0/S FROM B/SIDEWALK A by -law to establish Part Lot 53 Plan 87 Stamford as a public highway, to be known as and to form part of Rysdale Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Lot 53 Plan 87 Stamford designated as Part 3 on Reference Plan 59R -13503 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Lot 53 Plan 87 Stamford designated as Part 3 on Reference Plan 59R -13503 that is hereby established as a public highway, be known as and form part of Rysdale Street. Passed this twenty -ninth day of October, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 29, 2007. October 29, 2007. October 29, 2007. CITY OF NIAGARA FALLS By -law No. 2007 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 "D1" attached hereto shall be inserted in lieu thereof. Passed this twenty -ninth day of October, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 29, 2007. October 29, 2007. October 29, 2007. CITY OF NIAGARA FALLS By -law No. 2007 SCHEDULE "D1" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Charles Coffman Richard Cooper Nick Galotta Eli Hoffmann Leslie Rachel Kondreska Terry Loiselle A by -law to authorize a Release and Abandonment of Easement to amend the register to release an Easement registered as Instrument Number R0714435. WHEREAS the Easement registered in 1996 registered as Instrument Number R0714435 is no longer required; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Release and Abandonment of Easement to amend the register to release the Easement registered as Instrument Number R0714435, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -ninth day of October, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 29, 2007. October 29, 2007. October 29, 2007. CITY OF NIAGARA FALLS By -law No. 2007 CANADA N IAGARA FAQ 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. (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 item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Cherrygrove Road Randy Drive Southwest bound on Randy Drive This By -law shall come into force when the appropriate signs are installed. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: -2- Passed this twenty -ninth day of October, 2007. October 29, 2007 October 29, 2007 October 29, 2007 Passed this twenty -ninth day of October, 2007. First Reading: Second Reading: Third Reading: October 29, 2007. October 29, 2007. October 29, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of October, 2007. 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 29 day of October, 2007 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