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2007/11/26
The Cify of Niagara Falls Canada COUNCIL MEETING November 26, 2007 O CANADA: Spencer Cappellazzo will sing the National Anthem PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of November 12, 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. Partners for Life Program Canadian Blood Services Canadian Blood Services local Recruitment Coordinator, Marcia McDonald and City Employee, Bill Matson, Records Election Coordinator will make a presentation on the Partners for Life initiative currently being undertaken by city staff. Heart and Stroke Foundation DEPUTATIONS/ PRESENTATIONS Diana Continenza and Mike Willis will be speaking on behalf of Heart and Stroke Foundation. They will be requesting a flag raising and also to proclaim February as "Heart Month" in the City of Niagara Falls. PARKS, RECREATION CULTURE MATTERS Arena Complex Capital Campaign 1. Chief Administrative Officer R- 2007 -34 -New 4 -Pad Arena Complex Capital Campaign -AND- Mick Wolfe and Don Jackson, along with the Recreation Committee, will provide an overview of the "Great Seat Sale a fundraising campaign to support the new 4 Pad. Niagara Falls Girls Home for Soccer 1. Chief Administrative Officer R- 2007 -36 Contract for the Supply Installation of a New Artificial Turf Sports Field at Kalar Park "Home for Girls Soccer" AND- Paul Preece and Dan Santin of Girls Home for Soccer will make a cheque presentation($85,000) for the first installment for the Artificial Turf at the Kalar Road Sports Field Complex. Public Meeting AM- 26/2007, Zoning By -law Amendment Application 5205 Fourth Avenue and 5138 Rosedale Drive Applicant: Harold and Elma Barnes Adjust Zoning Boundary to Reflect Proposed Lot Lines and Recognize Recent Variance Background Material: Recommendation Report: PD- 2007 -94 Public Meeting Proposed Cultural Heritage Policies Official Plan Amendment No. 74 Background Material: Recommendation Report: PD- 2007 -96 PLANNING MATTERS 3 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Action Niagara requesting municipal sponsorship for the upcoming Action Niagara Conference: "The Rise of the Creative Class slated for Niagara Falls in January 2008. RECOMMENDATION: For the consideration of Council. 2. Festival of Lights Cheerleading requesting last year's hourly bus rate. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 4 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. CD- 2007 -18 2008 Council Schedule F- 2007 -42 Major Receivables Third Quarter Report MW- 2007 -129 Contract 2007 177 -06 Garner Southwest Sanitary Service Area and Pump Station MW- 2007 -130 Contract 2007 177 -06 Garner Southwest Pumping Station and Forcemain R- 2007 -35 Naming and Renaming Parks Policy: Committee Responsibility TS- 2007 -13 Transit Request from CAW for Christmas Community Dinner TS- 2007 -14 Transit Request for Winter Lights Competition TS- 2007 -15 Transit Request for Reduced Student Fare TS- 2007 -17 Transit Request for Project Share Christmas Basket Program TS- 2007 -16 Downtown BIA Request for 2 -hour Free Parking only at On- Street Parking Meters and On- Street Pay Display During the Month of December DRAINAGE MATTERS 1. Chief Administrative Officer CD- 2007 -19 Union Marsh Drainage By -law -AND- Third Reading of the Union Marsh Drainage By -law 2007 -174 A by -law to provide for drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara. 5 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 -52 Declare Surplus and Convey Laneway between Dyson Avenue and Muir Avenue BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -242 A by -law to declare Lane, Plan 997 Town of Niagara Falls lying between Swinyard Street and Muir Street and Leader Lane and Ferguson Street, in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 2007 -243 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 74) 2007 -244 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Cherrywood Road) 2007 -245 A by -law to establish Part 2 on Reference Plan 59R -13486 as a public highway, to be known as and to form part of McLeod Road. 2007 -246 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 -247 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26 day of November, 2007 NEW BUSINESS (10/17/2007) Anna Morocco Re: National Anthem Singers Page 1 From: "Laurie" <tanez @cogeco.ca> To: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: 10/16/2007 10:18 PM Subject: Re: National Anthem Singers Hi Dean: Here is Spencer Cappellazzo's bio: Spencer Cappellazzo Spencer Cappellazzo Spencer Joy Cappellazzo was born on August 25th 1992. She was always interested in music. Long before Spencer could speak, she would often sit and hum along to music on the radio. On long drives and even short drives, Spencer would hum and tap to the music that played on the radio. Spencer especially liked her parents musical choices such as the Beatles and Queen. Spencer has been taking voice lessons from Sandra Mason, a well- respected voice coach from Niagara Falls, since approximately 2003. She has performed and placed well at local Kiwanis Voice competitions. She also plays the guitar. Spencer is on her way to completing her Black belt in karate. Currently, Spencer and her sister Tia have blue belts from The Martial Arts Centre in Niagara Falls. Laurie Original Message From: Dean lorfida To: Laurie Cc: Anna Morocco Roz Llewellyn Sent: Tuesday, October 16, 2007 2:37 PM Subject: Re: National Anthem Singers Hi Laurie: Thanks for the names. Perfect. Please advise all of the participants that Council meetings start at 7:00 p.m.; therefore, they should be there 10 or 15 minutes prior. I won't know the 2008 schedule until later in the year but will advise you of the dates once approved. Anna, please keep a copy in our files for noting on the agenda. Thanks Dean Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Bill Matson Records Elections Coordinator Ext. 4342 RE: Partners for Life Program Canadian Blood Services NiagaraJalls TO: His Worship Mayor Ted Salci DATE: November 26, 2007 and Members of Council Earlier this year I celebrated my 50 th blood donation by hosting a `donation party' at the Optimist Club here in Niagara Falls. Canadian Blood Services asked if I might use the milestone donation to help recruit other first time donors. The event was a success and included several City staff. During the promotion of this event I discovered that not only were there some willing staff members who were prepared to selflessly roll up their sleeves for the first time, but that we already have several dedicated staff members who are regular donors as well. The Canadian Blood Services local Recruitment Coordinator, Marcia McDonald, recently shared with me a program called Partner's for Life that might be well suited for our employees. This program is aimed at community organizations and corporations such as ourselves who are already making a difference in our community, to take that extra step. The program would need a Team Champion, such as myself, to promote donor clinics and track how many donations our staff team makes each year. Each participating staff member will set a personal goal each year by stating the number of donations they hope to achieve. We add all of these goals together to come up with a corporate pledge our lifesaving goal for the year. Other municipalities already participating in this program include The City of St. Thomas and the staff at Hamilton City Hall. City staff believe that donating blood is a great way to demonstrate our commitment to the community in which we live and work and helps build employee morale in our workplace. It is with great excitement that the employee's of the City of Niagara Falls wish to launch this initiative and we are seeking Council's support and challenging all of those within the Corporation to roll up their sleeves and become a Partner for Life! Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Bulletin Board Site Search Page lof 1 City of Niagara Falls Search 1 Up One Level Partner's for Life (Blood Donation) Program Setting a Corporate Goal Name: Bill Matson Published on: November 8, 2007 10:27 AM In cooperation with Canadian Blood Services and our CAO John MacDonald, The City of Niagara Falls is ready to launch the Partner's for Life (Blood Donation) Program. The program is for all employee's of the City of Niagara Falls and will be formally announced at the November 26th Council Meeting. Edit This program is geared towards both new and regular blood donors. In simplest terms, we as an organization of City employees, set a yearly goal of donations that we think we can achieve. The Corporation recognizes the local need for blood donations in the community and in order to lend it's support, will allow appointments for blood donations to be made during a portion of your working day (as pre- arranged with your Supervisor). Many potential donators often site lack of time and convenience as main reasons as to why they don't donate. By taking some extra time with your lunch hour or being able to leave work early to get to the blood donor clinic should offer you and other co- workers the incentive to make regular donations throughout the year. Not to mention the fact that you will leave each clinic knowing that you just saved the life of up to 3 other individuals who were in need of your blood. If this program interests you, please let me know. It doesn't cost anything, you don't have to fund raise or recruit others you just have to show up at a clinic any clinic in the Niagara Region. You set a goal of the number of donations you think you can make in a year (ie. between 1 and 6), we add them up and try and match or surpass our CORPORATE GOAL. I will keep track of our Corporate goal and encourage fellow workers to participate. All that you have to do is roll up your sleeve for 1 hour each donation and know that you helped make a difference in someone else's life. Our Corporation can make a lifesaving difference in the community. 15 City employees have already signed up and we're well on our way to setting our Corporate goal. For more information about the program please contact me. Or you can contact Canadian Blood Services at www. bloodservices. ca http: /www.bloodservices.ca/ or x 888- 2 DONATE if you have questions about the eligibility /process. Bill ext. 4342 http: /nfweb: 8081 /intranetBulletinBoard/view one.cfm ?MenuID =3 &ID =1448 11/9/2007 Dean Iorfida City Council Meeting From: To: Date: Subject: Attachments: Melissa Shaw "Melissa Shaw" <mshaw @hsf. on.ca> <diorfida @niagarafalls. ca> 11/9/2007 4:24 PM City Council Meeting letter to City Council.DOC Melissa Shaw 1 Volunteer Coordinator 1905-938-8800 Heart and Stroke Foundation of Ontario 1 Finding answers. For life. PUT YOUR HEART INTO SUMMER, but don't let it go to your waist! Have your ice -cream and lose it too. Learn more at heartandstroke.ca Page l of l The Heart Stroke Foundation would like to appear as delegates on Nov 26. Diana Continenza and Mike Willis will be speaking. They can be reached at the Heart and Stroke office at 905 938 -8800. We will have a brochure to give to the Councillors. Please advise how many brochures to have and when and where to drop them off. Thank you, file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \473489A0Domai... 11/9/2007 HEART& STROKE FOUNDATION OF ONTARIO Finding answers. For life, Sincerely, www. h ea rta n dstro ke. ca 1- 888 -HSF -INFO (473 -4636) Business Number 10747 2839 880001 November 5, 2007 Dear City Clerk, THIS IS WHAT HAPPENS WHEN YOU PUT YOUR F EART INTO IT. 300 Bunting Road, Unit 3 St. Catharines, ON L2M 7X3 905- 938 -8800 schouinard @hsf.on.ca The Heart and Stroke Foundation, a volunteer -based healthy charity, leads in eliminating heart disease and stroke and reducing their impact through the advancement of research its application, the promotion of healthy living, and advocacy. We request an opportunity to meet with Council to share the health concerns facing our community, foundation accomplishments and what the futures holds thanks to the support of the community. We hope to gain two things as a result of the presentation: Proclaim February Heart Month Flag Raising Find committed supporters by appealing to the community to tell us individual stories of personal impact from heart disease and stroke Can you please let me know the next three available council dates? We will choose a presentation date based on staff and volunteer availability. Susan Chouinard Niagara Region Area Manager Heart and Stroke Foundation of Ontario November 26, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niag araj CANADA Working Together to Serve Our Community R- 2007 -34 Re: R- 2007 -34 New 4 -Pad Arena Complex Capital Campaign RECOMMENDATION: 1. That Council receive the report for information. 2. That Council approve the schedule of naming opportunities and term payments for the naming rights of the capital fundraising campaign as per Option 2. 3. That naming of the arena building be approved by Council. The arena capital fundraising campaign is a significant component of the financial targets for the new 4 -pad community arena. The approved capital budget for the arena is $34.7 million with up to $29.5 million to be borrowed. The May 7, 2007, report (R- 2007 -07) Potential 4 -Pad Arena Complex Development (attached) included in Appendix 2, a fundraising campaign goal of $2.25 million and this was considered a key component of the financial plan of this major capital project. CAPITAL FUNDRAISING CAMPAIGN: The fundraising campaign is comprised of two components: the seat sale, and the naming rights. The seat sale campaign, (promotional brochure attached) was informally launched at the sign unveiling on October 31, 2007, was profiled at Volunteer Recognition Night on November 6, 2007, and the Open House on November 15, 2007. Seats are offered for $200, VIP for $500 and `In the Pink' at $250 with $50 of every pink seat purchased being donated to GNGH for cancer related care. Tax receipts are issued for the donation of seats. The total revenue that can be achieved from the 2000 seats available with the `Great Seat Sale' is $485,500. Niagara Falls ON Canada: L2H 3N3 905 356 7521 .www.niagarafalls.ca Community Services Department Parks, Recreation Culture Item Payment Term* Quantity Option 1 Option 2 Option 3 Building Up to 7 years 1 $1,500,000.00 $1,500,000.00 $1,750,000.00 Stadium Pad Up to 5 years 1 125,000.00 150,000.00 150,000.00 Community Pad Up to 5 years 3 225,000.00 ($75,000 each) 225,000.00 ($75,000 each) 225,000.00 ($75,000 each) NF's Memorial Community Room Up to 3 years 1 100,000.00 100,000.00 100,000.00 Dressing Rooms Up to 2 years 20 200,000.00 ($10,000 each) 300,000.00 ($15,000 each) 400,000.00 ($20,000 each) Community Board Rooms Up to 2 years 2 60,000.00 60,000.00 60,000.00 Convenor's Room Up to 2 years 1 30,000.00 30,000.00 30,000.00 Sport Wall of Fame (Lobby) Up to 2 years 1 20,000.00 20,000.00 20,000.00 Press Box Stadium Pad Up to 2 years 1 20,000.00 20,000.00 20,000.00 Sub -Total $2,280,000.00 $2,405,000.00 $2,755,000.00 Great Seat Sale 485,500.00 485,500.00 485,500.00 Total $2,765,500.00 $2,890,500.00 $3,240,500.00 Financial Target $2,250,000.00 $2,250,000.00 $2,250,000.00 Surplus over Target 515,500.00 640,500.00 990,500.00 November 26, 2007 2 Naming opportunities are also deemed a donation and a tax receipt would issued. Naming rights are based on the lifetime of the facility. The programs that were developed and implemented in a number of other municipalities were also reviewed. Naming opportunities for the 4 -Pad arena are outlined in the chart below, and include recommended costs per item and payment terms: tarting January 2009 R- 2007 -34 November 26, 2007 4 -PAD ARENA CAPITAL CAMPAIGN FUNDRAISING TASK FORCE Twin Pad Arena Project Fundraising: Background An initiative of the Recreation Committee in March 2006 resulted in the original fundraising campaign to raise approximately $1.5 million to increase number of seats to 3000 from 2000 seats in the `twin pad' arena project. In response to a significant financial challenge the original fundraising volunteer committee was quickly developed as an informal working group of the Recreation Committee. This group, in approximately 3 months was successful in their fundraising efforts with approximately $416,800 (comprised of $392,500 in related naming opportunities and $24,300 in seats) for the original twin pad arena. 4 -Pad Arena Project With the new 4 -Pad project approved in May 2007 by Council, the financial target set for fundraising of $2.25 million is considered significant. The confirmation of the membership of the volunteers, (expected to be a 16 to 24 month commitment) serving on the Arena Capital Campaign Fundraising Task Force, a special working group of the Recreation Committee is recommended. Task force members will also include staff from Parks, Recreation Culture and other applicable City divisions. The appointment of a member of Council to the task force will also be recommended. It is also recommended that a terms of reference be developed and approved by Council for this task force of the Recreation Committee. Once volunteers have confirmed their interest in serving on this task force, a report to Council will be provided. This report is expected to be provided, at the latest, by the end January 2008. Recommended by: Approved by: Respectfully submitted: Denise Morrissey, rector of Parks, Recreation Culture Ed Dujlovic, Ex Director of Community Services J 3 R- 2007 -34 ecu. e h acDonald, Chief Administrative Officer Attachments S: \Council \Council 2007 \R 2007 -34 New 4 -Pad Arena Capital Campaign.wpd His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario May 7, 2007 Niagar I CA R- 2407 -07 The recommendation(s) contained in this report were adopted by City Council Members: Re: R- 2007 -07 Potential 4 -Pad Arena Complex Development RECOMMENDATION 1) That Council approve the development of a 4 -Pad Arena Complex with 2000 seats in the main arena pad. That the following capital funding sources be allocated to the arena project; proceeds from the sale of Memorial and Stamford /Jack Bell arenas; Section 37 contribution from Hilton Hotels of $1_.2 Million; and that the annual compensation contribution from Walker Brothers Quarries Limited be allocated to the annual debt financing. That the capital budget be approved for up to $34.7 Million (2008$), including all funding sources and borrowing of up to $2a5 Million be authorized. BACKGROUND: On February 5, 2007, Council directed staff to "report on the economical and financial benefits to update the twin pad project to a four- plex This report undertakes, and summarizes, a comprehensive comparison of arena development options. It will be shown that the development of a 4 -Pad 2000 seat arena complex is the most effective short and long term financial strategy. A 4 -Pad also provides a modern, community arena facility that is responsive to current and future user needs. 4310 Queen Street, P.O. Box 1023, Niagara falls, ON, Canada L2E 6X5 905-356-7521 trAnAtniagarafalls.ca Working Together to Serve Our Cornniunity Community Services Department Parks, Recreation &:Culture May 7, 2007 2 R- 2007 -07 In order conduct this comparison, it was necessary to examine: a) the current operating budgets for the existing three (3) arena locations (Niagara Falls Memorial, Stamford /Jack Bell and Chippawa Willoughby) b) the operation of a new 2 -pad arena with a 3,000 seat main bowl, as previously approved by Council, while maintaining Stamford /Jack Bell and Chippawa Willoughby arenas, c) the proposed new 4 -pad arena (2000 seats) while maintaining Chippawa Willoughby arena As indicted below, the result of this analysis is, that when compared to our current net operating deficit, a 4 -pad scenario is significantly more economical to operate. Option current operation 2 -pad scenario with 3000 seat main bowl 4 -pad scenario with 2000 seat main bowl Net Operating Deficit $1,508,507 $1,171,088 648,395 A more detailed analysis is shown in Appendix 1- Detailed Annual Operating and Financial Efficiencies. The financial conclusions were derived from information on the City's current operating costs, understanding of industry operating principles, comparisons with other arena 4 -pad complexes, and appropriate future economic projections. Key Assumptions Regarding a Four -Pad Arena Complex The significant cost reduction with the 4 -pad scenario has been developed predicated on several key. assumptions: All revenue generated through the arena operation will remain with the City. Loss of revenue, for applicable user groups, through board advertising will be offset. A more market driven approach to establishing ice rental rates will be taken. Consideration of a more innovative facility management approach. Chippawa Willoughby Arena will continue to operate regardless of the proposed arena scenario (2 -pad versus 4 -pad). Why a Four -Pad and Does it Make Economical Sense? While the capital cost to construct a 4-pad arena is obviously greater than the cost to construct a 2 -pad arena, the net carrying costs are in fact lower due to operating efficiencies resulting from a 4 -pad operation. Various efficiencies and economies of scale are realized when all ice surfaces are located on one site (i.e., staffing, utility costs, supplies, materials, contract costs and major equipment). The revenue achievable through a 4 -pad option is significantly greater than could be realized through a 2 -pad arena operation, or two 2 -pad arenas on separate sites. The capital cost on a per pad basis is lower with a 4 -pad that with a 2 -pad (see Appendix 2). Significant capital improvement and maintenance costs for Stamford/ Jack Bell will be eliminated. May 7, 2007 3 R- 2007 -07 How Will a Four -Pad Arena be Funded? LeisurePlan International Inc. completed an Arena Feasibility Study, in May 2004, which identified deteriorating conditions at both Stamford /Jack Bell and Niagara Falls Arenas. LeisurePlan's recommendation was that Niagara Falls Arena be replaced as soon as possible, due to its age and high operating costs which currently account for 50% of our total Arena operating budget The report also suggested that due to the age of Stamford /Jack Bell arena, significant capital improvements will be required over the next several years, and by 2014 the facility would need to be replaced. While there is additional cost to construct the 4 -pad, when we apply the net operating savings from the 4-pad, the carrying costs are reduced to a level lower than required to fund the 2 -pad. Appendix 2: Financial Comparison Summary shows various funding scenarios that could be applied to our capital construction. Some of these funding scenarios would apply regardless of whether to continue with a twin -pad or go with a four -pad such as the section 37 contribution from the Hilton, sale of land proceeds from Niagara Falls Memorial Arena and the major fund raising initiative. A four -pad also has the source of sale of land proceeds from Stamford/ Jack Bell and greater naming rights potential. Financing for Annual Debt Costs is improved by annual operating savings, resulting in a reduction in the amount required to be debentured. Why Not Two (2) Pads on Two (2) Separate Locations? Economies of scale will not be realized having concurrent construction on two different sites, Less realization of operational efficiencies with more arena locations (i.e., need for additional staffing, double the fixed costs, double the utility costs etc.). A four -pad has the potential of greater ancillary services such as a restaurant, pro shop, etc. If there were two 2 -pads on separate locations, it is unlikely that such ancillary services would be provided. A four -pad will have greater attendance than two twin pads on separate sites, therefore, increased client exposure. Why Reduce the Seating Capacity in the Main Pad from 2,000 or 3,000 Seats? In reviewing the seating capacity of the main pad, which is currently approved at 3,000 seats, a number of factors were considered: Based on utilization in 2005 and 2006, 97% of events held at Niagara Falls Memorial Arena required less than 2,000 seats. Most of the events that exceeded the need for 2,000 seats were 'non -ice' events. The proposed convention centre is expected to provide up to 10,000 seats and is proposed to serve the non -ice market currently using Niagara Falls Memorial Arena, including special events and concerts. The convention centre is also expected to have the ability to bring in 'temporary ice' for large community special events. May 7, 2007 4 R- 2007 -07 Much lower capital construction costs and annual operating costs are achieved with a 2,000 seat main arena in contrast to a 3,000 seat main arena. Is There Community Support for a Four -Pad by the Prospective Users? A Committee with representation from all major user groups has been involved in the arena discussions since the project was initiated. These groups include representatives from the Recreation Committee, the Arena Fundraising Committee, the Junior B Hockey Club, the Junior C Hockey Club, Niagara Falls Girls Hockey, Stamford Skating Club, as well as City staff. A special meeting was recently held on April 25, 2007 to confirm support of the user groups for a 4 -pad arena complex. The community users are in support of a four -pad arena complex. There is a commitment to continue to raise $1.5 million in fundraising. A four -pad will better be able to accommodate the needs of all user groups. The community users support the proposed revenue model. Conclusion In recognition of the fact that the 4 -pad arena option is more financially viable, and has significant support from the major user groups, it is recommended that Council authorize staff to proceed with the appropriate steps to commence construction of the 4 -pad arena complex. Recommended by: Approved by: Respectfully submitted: 44 4 1.- rn1v) Denyse orrissey, Director arks, Recreation Culture Ed Dujlovic, Execrfitive Dir t ommunj r Services MacDonald, Chief Administrativeer APPENDIX 1 DETAILED ANNUAL OPERATING AND FINANCIAL EFFICIENCIES EXPENSES Arena Memorial Chippawa Stamford /Jack Bell Total REVENUES Arena Memorial Chippawa Stamford /Jack Bell Total NET OPERATING COST /SUBSIDY PER YEAR Memorial Chippawa Stamford/Jack Bell Total Revenue $306,035 $299,395 $694,158 $1,299,588 $1,508,057 Operating Cost $981,004 $703,520 $1,123,121 $2,807,646 of Operating 34.94% 25.06% 40.00% 100% of Revenue 23.55% 2104% 53-41% 100.00% By Arena $674,969 $404,125 $428,963 $1,508,057 44.76% 26.80% 28.44% 100.00% EXPENSES Arena 2 Pad (3,000 seats) Chippawa Stamford/Jack Bell Total REVENUES Arena 2 Pad (3,000 seats) Chippawa Stamford /Jack Bell Total NET OPERATING COST /SUBSIDY PER YEAR 2 Pad (3,000 seats) Chippawa Stamford /Jack Bell Operating Cost $1,245,000 $703,520 $1,123,121 $3,071,641 Revenue $907,000 $299,395 $694,158 $1,900,553 $1,171,088 of Operating 40.53% 22.90% 36.56% 100.00% of Revenue 47.72% 15.75% 36.52% 100.00% $338,000 28.86% $404,125 34.51% $428,963 36.63% Total $1,171,088 900.00% mAivige: 44101. EXPENSES Arena 4 Pad (2,000 seats)* Chippawa Total REVENUES Arena 4 Pad (2,000 seats) Chippawa Total Revenue $1,757,000 $299,395 $2,066,395 NET OPERATING COST /SUBSIDY PER YEAR $648,625 *annual operating costs Includes $60 K per year contribution of Revenue 85.51% 14.49% 100% to reserve each year 4 Pad (2,000 seats) $244,500 Chippawa Total $404,125 $648,625 C:1Documents and Settings \khl01lLocal SettingslTemp \XPgrpwiseL4ppendix 1 REVISEDDetailed Annual Operating and Financial Efficiencies.wpd K 0 U E V► O r !V O 0 O 8 0 N fV O O 0 O O N eR N CV 10 O 0 O 0 0 8 0 0 to eD M h! eR 0 0 8 O O eA 0 0 0 O O N H> 0 0 0 0 O N N c tY C li N V} O O O a 0) N O 0 0 0 O 8 1f) CV V3 O O 0 8 10 N M 2 3 1!. ai ER M 0 a m z O eR 0 0 0 V3 8 0 O eR c m 0 a 0 c zrc ro N et V0 Ve 0 O N a ai O 0 eA tU O A u. 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C O N _0 hu Iu w November 26, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraJlalls Re: PD- 2007 -94 AM- 26/2007, Zoning By -law Amendment Application 5205 Fourth Avenue and 5138 Rosedale Drive Applicant: Harold and Elma Barnes Adjust Zoning Boundary to Reflect Proposed Lot Lines and Recognize Recent Variances PD- 2007 -94 That Council approve the Zoning By -law amendment application to adjust the zone boundaries (R2 -678 R2) between 5205 Fourth Avenue and 5138 Rosedale Drive to reflect a recently approved severance (B41/2007/NF) and to recognize previously granted variances (A- 29/2005). Harold and Elma Barnes have requested an amendment to the Zoning By -law for the land known as 5205 Fourth Avenue and 5138 Rosedale Drive as shown on Schedule 1. The land known as 5205 Fourth Avenue is zoned Residential Single Family and Two Family with site specific provisions 678 (R2 -678) permitting a dwelling and a martial arts studio. In 2005, variances were granted to allow the construction of a garage on the property and to recognize the floor area of 380 sq. m (4090.4 sq. ft.) for the martial arts studio. A portion of 5205 Fourth Avenue (approx. 87 sq. m/931.10 sq. ft.) has recently been approved to be severed and merged w_ ith 5138 Rosedale Drive. A new site specific R2 -678 zone is proposed to be applied to the remaining portion of 5205 Fourth Avenue and a standard R2 zone is proposed for 5138 Rosedale Drive, as enlarged. Surrounding Land Uses The surrounding land uses are primarily single detached dwellings, with the exception of Eventide Nursing Home to the east. ox 1023, Niagara Falls, ON, Canada L2E 6X5: 905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Communi ry Planning Development Community Services Department November 26, 2007 2 PD- 2007 -94 Circulation Comments Regional Municipality of Niagara Regional Municipality of Niagara has no concerns with this application from a Provincial or Regional planning perspective as the proposal conforms to the Provincial and Regional policies. Municipal Works Parks, Recreation Culture Building By- law Services No objection to the requested zoning amendment. Planning Review 1. The proposed amendment complies with the Official Plan. The subject lands are designated Residential in the Official Plan. The predominant land use in the Residential designation is single detached dwellings. Ancillary uses are permitted in the residential area where they are compatible with the residential environment. 2. The proposed Zoning By -law amendment is appropriate. The owner of 5205 Fourth Avenue (Ms. Pinter) recently received approval from the Committee of Adjustment B41/2007/NF) to sever approximately 87 sq. m (931.10 sq. ft.) of her property and merge it with 5138 Rosedale Drive. The portion to be severed has been maintained as part of 5138 Rosedale Drive for a number of years. The lot addition will allow 5138 Rosedale to have a regular configuration. The Zoning By -law amendment is requested to adjust the zone boundaries between 5205 Fourth Avenue and 5138 Rosedale Drive as a result of the severance and is housekeeping in nature. The portion of 5205 Fourth Avenue to be severed needs to be changed to the same R2 zone as 5138 Rosedale Drive. The proposed property boundary of 5205 Fourth Avenue and the previously granted variances will be consolidated in a new R2 -678 zone. No change in use or standards will occur. CONCLUSION: The Zoning By -law amendment application can be supported for the following reasons: 1. The Official Plan encourages residential development which is compatible with the surrounding neighbourhood. The proposed Zoning By -law amendment will have no adverse impact on the surrounding neighbourhood. November 26, 2007 3 PD- 2007 -94 2. The requested Zoning By -law amendment will reflect the approved property boundaries. Recommended by: Approved by: Respectfully submitted: A.Diiwaria:mb Attach. S: \PDR\2007 \PD- 2007 -94, AM -26 -2007, Barnes, 5205 Fourth Ave &5138 Rosedale.wpd P4A& Lax-<- kQ- Alex Herlovitch, Director of Planning Development Jras Ed Dujlovic, Exec e Director of Community Services eft— John acDonald, Chief Administrative Officer ti 0 C 4 0 0 I v LOT LOT 1 --p 150 LOT 149 LOT 148 38.0 A djs. LO T 9lEA= 1933.4 sq.m. (.I LOT LOT 48.88 0 o Pl —1 70 0 VA 5 Z 00 -10 CO -C v� D z mD o P1 z 0 z m 151 147; 1145 z 0 0 0 p rxi 146: 10.97 .j r O 0 PLAN co -4- FOURTH 08.29m W1de) AVENUE (MUNICIPAL ROAD) 40 15138Rosedale Drive PART 3 AREA =609.4 sq.m. 39.71 ti LOT 42 0 ti o o co -4 cn rn 0 0 ZI m 0) 0 z D 1 z 0 D —�C 0 T1 z D 0 n 310 w co 8 tAJ b A D 1 9 3 0 z z 0 9. 0 7C 0 0 0 m sired B.ream 10 APO STANLEY\ I MWY 420 (ROBERTS ST.) McRAE STREET ROSE -DALE OR. VALLEY/ Sta.ECT /LANDS %%CTORIA y AV�NUE f ti 0 C 4 0 0 I v LOT LOT 1 --p 150 LOT 149 LOT 148 38.0 A djs. LO T 9lEA= 1933.4 sq.m. (.I LOT LOT 48.88 0 o Pl —1 70 0 VA 5 Z 00 -10 CO -C v� D z mD o P1 z 0 z m 151 147; 1145 z 0 0 0 p rxi 146: 10.97 .j r O 0 PLAN co -4- FOURTH 08.29m W1de) AVENUE (MUNICIPAL ROAD) 40 15138Rosedale Drive PART 3 AREA =609.4 sq.m. 39.71 ti LOT 42 0 ti o o co -4 cn rn 0 0 ZI m 0) 0 z D 1 z 0 D —�C 0 T1 z D 0 n 310 w co 8 tAJ b A D 1 9 3 0 z z 0 9. 0 7C 0 0 0 m sired B.ream 10 APO November 26, 2007 PD- 2007 -96 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraFalls Re: PD- 2007 -96 Proposed Cultural Heritage Policies Official Plan Amendment No. 74 It is recommended that Council adopt Official Plan Amendment No. 74 containing Cultural Heritage policies and that they be forwarded to the Region for approval. The proposed cultural heritage policies are a municipally led amendment to respond to recent changes to the Provincial Policy Statements and the Ontario Heritage Act. The update of cultural heritage policies is part of the 2007 work program. The proposed amendment updates the existing Heritage Resources policies of the Official Plan, as well as adding new policies. Provincial Legislation Changes to the Ontario Heritage Act and Provincial Policy Statements (PPS) provided direction for the conservation and protection of heritage resources. Municipal policy must be consistent with Provincial legislation. Under the Planning Act, planning decisions must be consistent with the Provincial Policy Statements. The PPS states that significant built heritage resources and cultural heritage landscapes shall be conserved and protected from adjacent developments. The Provincial Policy Statements expanded the definition of a cultural heritage landscape. A cultural heritage landscape is a defined geographical area that has been modified by human activities and is valued by a community. Cultural heritage landscapes may be designated under Part IV or Part V of the Ontario Heritage Act. The Province amended the Ontario Heritage Act and issued new regulations under the Act to provide stronger protection to heritage properties including: new evaluation criteria for the designation of lands or districts; use of the property standards by -law to protect heritage structures and features; and the option to allow the Municipal eritage to advise Council on all heritage matters. ueen Street, _PO Box V1023,Niagara Falls, ON, Canada, L2E 6X5 :_905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 26, 2007 2 PD- 2007 -96 Effect of the Proposed Amendment A city's cultural identity, its history and community values are represented through its heritage properties, buildings and landscapes. The Province has recognized the importance of our cultural heritage through their changes to the Provincial Policy Statements and the Ontario Heritage Act. The City's heritage policies have not been updated since 1991 and need to be updated to bring them into line with Provincial policy. Amendment #74 incorporates the changes made at the Provincial level and reflects the action plan objectives of the City's Heritage Master Plan. The effect that the proposed changes would have are outlined below: Council may assign to the Municipal Heritage Committee any heritage matter for advice in addition to the prescribed responsibilities for properties, districts and landscapes. The City maintains a Register of designated properties and listed properties. Under the Ontario Heritage Act, Council must give 30 days notice of an application to demolish a listed property. The City must identify a heritage conservation study area by by -law when preparing a heritage district conservation plan and, through the by -law, prohibit or limit the erection or demolition of any building during the study period. Cultural heritage landscapes are defined and criteria for their evaluation as an area of heritage designation are outlined. Archaeological assessments are required for applications under the Planning Act where the site has been identified as having the potential for archaeological resources. The City's map of potential archaeological sites included in the Niagara Falls Heritage Master Plan for the identification of such sites can be used as an effective planning tool and guide for the public. Council may chose to utilize other methods of protecting heritage resources such as: special designations, zoning, design guidelines, community improvements plans, site plan control, and easements. The City can utilize it's property standards by -law to protect heritage structures and features from loss. Use of the property standards by -law will require further investigation and may require amendment to the by -law itself. A heritage impact assessment will be required for new developments adjacent to a significant heritage property. The heritage impact assessment would determine the impact of the proposed development on the heritage resource and, if so, how the impact will be avoided or mitigated prior to planning approvals. The impact assessment is required under the Provincial Policy Statements. Public Consultation A Public Open House was held on October 24, 2007 to receive input and comments on proposed Amendment No. 74. A suggestion was submitted as a result of the Open House that a `heritage first' approach (as contained in the City's Cultural Heritage Master Plan) November 26, 2007 be taken by Council when decisions are being made affecting City owned heritage properties. The `heritage first' approach should be further investigated and could become part of the City's Policies and Procedures Manual. The Cultural Heritage policies have been included in tonight's agenda. CONCLUSION: The revisions to the City's Cultural Heritage policies were brought about by changes in provincial legislation and the requirement that municipal policy be consistent with the upper level of government. The changes reflect contemporary language and current thought on the conservation of heritage resources. Due to the number of text insertions between established policy, the Heritage Resources section of the Official Plan has been rewritten to allow the removal and replacement of the section in its entirety for administrative ease. Recommended by: Approved by: Respectfully submitted: F.Berardi:mb Attach. At. Ed D S: \PDR\2007 \PD- 2007- 96,Proposed Cultural Heritage Policies OPA74.wpd 3 PD- 2007 -96 Alex Herlovitch, Director of Planning Development Director of Community Services John cDonald, Chief Administrative Officer The Municipal Heritage Committee Source: The Ontario Heritage Act (OHA) Allows the MHC to advise Council on all heritage matters amendment to Policy 3.2.1 Recognize that the MHC may advise and assist Council on any heritage matters as assigned. Heritage Inventory Source: The OHA Requires the municipality to maintain a register of properties that have cultural heritage value or interest new Policies 3.2.2 and 3.3.3 recognizes the City will maintain a register containing properties designated under the OHA and properties considered worthy of future evaluation for designation may be listed on the Register. Designating Criteria Source: The OHA Regulations Regulation 9/06 prescribes the criteria for determining a property's cultural heritage value or interest. amendment to Policies 3.2.5 and 3.2.6 outlines criteria to evaluate a property or district and which may be designated if it meets one or more criteria. Heritage District Study Area and Plan Source: OHA the City must pass a by -law for a heritage conservation district plan when designating a District amendment to Policy 3.2.7 and new Policy 3.2.8 Policy 3.2.7 Before Council can consider an area as a heritage conservation district, it now must pass a by -law to establish a heritage conservation study area and may prohibit/limit alteration or erection/ demolition of building during the study period. Policy 3.2.8 Outlines the content which must be included in a heritage conservation district study. Cultural Heritage Landscapes Source: Planning Act and Provincial Policy Statements Cultural heritage landscapes are defined and can be protected under the OHA. new Policy 3.2.9 Outlines the criteria to be used in identifying, studying and assessing a cultural heritage landscape, which will be used to determine whether designation has merit. November 26, 2007 4 APPENDIX 1 GUIDE TO THE CHANGES IN EXISTING MUNICIPAL HERITAGE POLICIES PD- 2007 -96 Plans and Guidelines Source: Planning staff Guidelines are a detailed, step by step approach to inform the public of municipal requirements and assist staff in implementation. new Policy 3.2.13 Provides that the City may develop plans and guidelines to help identify and preserve heritage resources and to be used a s a reference for the development of lands adjacent to these heritage resources. Protection Beyond Designation Source: Ontario Heritage Act Allows a municipality to require the maintenance of heritage structures or features through a property standards by -law. new Policies 3.2.14 and 3.2.15 Policy 3.2.14 This is a permissive section which allows Council to use other methods of protection of heritage resources that may be utilized: zone overlays, site specific zoning, design guidelines, site plan control, community improvements plans, easements. Policy 3.2.15 The City can undertake to revise the City's property standards by -law to require protection to heritage structures and features. Heritage Impact Assessments Source: Planning Act and Provincial Policy Statements Development or site alteration on lands adjacent to heritage resources must be assessed to ensure that heritage attributes will be preserved. amendment to Policy 3.2.19 and new Policy 3.2.20 Policy 3.2.19 Council may require a heritage impact assessment to determine the impact of development on a heritage resources and methods of mitigation or alternative development options. Policy 3.2.20 A heritage impact assessment is needed for a change in land use designation for lands within an identified cultural heritage landscape. November 26, 2007 Source: OHA and Planning Act More protection is given to archaeological sites through provincial designation. The Planning Act requires an archaeological assessment for planning applications where sites have been identified as having potential for archaeological resources. 5 PD- 2007 -96 Archaeological Sites new Policies 3.2.11 and 3.2.12 Policy 3.2.11 Allows the City to refer to the Niagara Falls Heritage master Plan to identify sites with potential archaeological resources. Policy 3.2.12 Council will support Provincial designation of archaeological resources that should remain on site. City Owned Heritage Properties Source: Public comment based on the Heritage Master Plan amendment to Policy 3.2.1 Protection of City owned heritage properties is strengthened and guidelines for the conservation, maintenance and restoration of those properties is to be prepared and adopted by Council. A heritage first policy should be utilized by Council when determining the uses or re- uses of City owned heritage properties. Future Study Areas Source: Cultural Heritage Master Plan new Policy 3.2.22 The City is to continue to study areas of cultural heritage interest. A list of possible future study areas are listed in Appendix VI. New Definitions Added for the purpose of interpretation and public understanding. New definitions for: conservation (in relation to heritage resources) conservation plan heritage impact assessment property (for the purposes of designation under the OHA it means real property as well as buildings /structures thereon) significant heritage properties (designated or listed resources) November 26, 2007 6 PD- 2007 -96 Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci DATE: November 26, 2007 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Action Niagara Sponsorship Please find attached a request for funding for Niagarapalooza: Re- thinking our Cities, a conference co- sponsored by the Region and the Canadian Urban Institute. The organizers would like the three major municipalities to provide sponsorship (see attached). According to the organizers, the City of St. Catharines has committed to the sponsorship of this event, which is being held in Niagara Falls. Sponsorship will allow the City to have a booth to advertise its various C.I.P. programs. RECOMMENDATION: For the consideration of Council. NiagaraFalls CiNAAA Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development (10/252007) Dean lorfida Action Niagara 2008 Request for Sponsorship TSpdf ACT .0 October 1, 2007 Mayor and Members of Council City of Niagara Falls Mark Brickell NIAGARA ECONOMIC DEVELOPMENT CORPORATION smarter NIAGARA The Rise of the Creative Class (Working title) Re: Action Niagara Sponsorship Request Once again the Region of Niagara, Canadi an Urban Institute and Niagara Economic Development Corporation are teaming up to deliver what promises to be one of the most anticipated conferences of the year, Action Niagara: The Rise of the Creative Class. Richard Florida, one of the world's leading public intellectuals on economic competitiveness, demographic trends, and cultural and technologica I innovation, has committed to delivering the keynote address. This exciting and highly inspirational event will take place on Thursday, January 31, 2008 at the Sheraton Fallsview Hotel and Conference Centre. Building on the success of past events, the 2008 forum promises to be the best one yet. However, it will also be the most expensive event, in the series. With this in mind, we are asking our major sponsors to raise their level of financial support. It appears that the Region of Niagara is willing to increase its contribution to $25,000. The Province of Ontario is also a confirmed major sponsor. It is my sincere hope that the Cities of St. Catharines, Niagara Falls and Welland will each support this hallmark event as major sponsors at the $5,000 $10,000 level. In light of the significant revitalization efforts going on in each of your municipalities, this opportunity could not be timelier or more relevant. I have attached a Sponsorship Guideline Package for your consideration. These are guidelines only and other customized spons orship opportunities are available. I will be in touch with you shortly to follow up on this request. Sincerely, Vice- President and Expeditor, Smart Growth and Partnerships Niagara Economic Development Corporation (905) 685 -1308 ext. 3703 c: Ken Burden, Director of Finance Bob Bolibruck, Community Improvement Program Coordinator Wendy Canavan, Economic Development Officer niagara 8mu Niagara i Region oremurr URBAN FroNia Page 1 10/25/2007) Dean lorfida Action Niagara 2008 Sponsorship Guidelines.doc Canadian URBAN Institute ACTION NIAGARA Sponsorship Guidelines Action Niagara: The Rise of the Creative Class There are three categories of sponsorship: PLATINUM, GOLD and SILVER. For sponsorship enquiries, contact Mark Brickell at 905 685 -1308 ext 3703 or by email to mbrickellna.niagaracanada.com PLATINUM sponsors Opportunities are available for PLATINUM sponsorship for $25,000 In return, the sponsor receives the following benefits: Prime positioning of logo in conference brochure, supporting websites, on -site signage and acknowledgement in publicity and marketing initiatives Acknowledgement at conference from conference chair and /or session chairs Opportunity to speak at conference where appropriate or headline workshop session Complimentary booth space at the conference (valued at $1,300) Three complimentary registrations GOLD that major sponsorships will not be allotted to competing firms in the same field GOLD sponsors Opportunities are available for SILVER sponsorship for $10,000 In return, the sponsor will receive the following benefits: Prominent positioning of logo in conference brochure, company name listed on supporting websites, publicity and marketing initiatives. Logo appears on on -site signage. Acknowledgement by conference chair and /or session chairs Opportunity to introduce session or speaker at conference Two complimentary registrations at the conference Complimentary booth space at the conference (valued at $1,300) Guarantee that major sponsorships will not be allotted to competing firms in the same field SILVER sponsors Opportunities are available for BRONZE sponsorship for $5,000 In return, sponsors will receive the following benefits: Logo inside conference brochure, company name listed on supporting websites, publicity and marketing initiatives. Logo appears on on -site signage One complimentary registration Complimentary booth space at the conference (valued at $1,300) Opportunity to have sponsorship associated with the post- conference reception AT- A- GLANCE: Price .$25,000 Registrations (incl..Booth attendant) 4 free Acknowledgements, a 2 Yes Speaking role. 3Sessfon chair; Brochure placement Logo needed ee 1free :CIAZ Prime Yes Yes. 'eS Prominent Inside Yes smarter niagara etterway to8^w Yes Niagara /'f Region NIAGARA ECONOMIC DEVELOPMENT CORPORATION Page 1 A sensory explosion featuring art, wine, music and conversation! People w be talk about th event for months! Register online for the earlybird rate today at www.rethinkingniagara.ca N IAGARA Niagara ECONOMIC DEVELOPMENT CORPORATION Highlights and Keynotes: R ichard Florida, :Professor of Business and Creativity Rotman School of Management Professor Eddie Friel O,B,E,, Visiting Professor in Residence, Niagara University and Leader of Glasgow's 'successful bid to become the Cultural Capital of Europe 1990 Tim Jones, CEO, Artscape Live music and performance art An interactive discussion with community leaders Region 71- /:tzd AS HECN CHARACTER AS THE PEOPLE ?In HAKE TEN Canadian URBAN Institute (10/25/007) Dean lorfida Fwd RICHARD FLORIDA TO SPEAK IN NIAGARA AN OPPORTUNITY TO PARTNER From: To: Date: Subject: Attachments: Bob Bolibruck Alex Herlovitch; Dean Iorfida 10/1/2007 12 :16 PM Fwd: RICHARD FLORIDA TO SPEAK IN NIAGARA AN OPPORTUNITY TO PARTNER Action Niagara 2008 Sponsorship Guidelines.doc; Action Niagara 2008 Request for Sponsorship TS.pdf Dean and Alex FYI This was sent to Members of Council and Ken Burden. Bob "Brickell, Mark" <mbrickell anniagaracanada.com> 10/1/2007 11:55 AM Richard Florida, one of the world's leading public intellectuals on economic competitiveness, demographic trends, and cultural and technological innovation, has committed to delivering the keynote address at the upcoming Action Niagara Conference: The Rise of the Creative Class" which will take place on Thursday, January 31, 2008 at the Sheraton Fallsview Hotel and Conference Centre. This is your invitation to partner in this hallmark event. Attached is sponsorship information regarding the upcoming Action Niagara event. The sponsorship guidelines are also attached to this email, along with details on keynote speaker Richard Florida. A web link to Richard's information is provided below: http: /creativeclass.com /richard florida/ Mark Brickell Vice President, Smart Growth and Partnerships Niagara Economic Development Corporation 2201 St. David's Road Thorold, ON L2V 417 ph (905) 685 -1308 x3703 fx (905) 688 -5907 em mbrickell(a�niagaracanada.com wb www.niagaracanada.com Page 1 Dean Iorfida FW: email and website From: To: Date: Subject: Attachments: Mark, You can now view the event listing on our website here: http: /www.canurb.com /events /event list.php ?status =12 &highlight =1 &event type =0 We will be registering for the new domain name to reroute from www.rethinkingniagara.ca I am planning to have the email broadcast go out with the attached graphic for this Friday. do you have a contact list you would like us to send it to as well as our own? should we list you or someone else from Niagara as the contact person for this event? Best, Linda Linda Varekamp, H.B.A. Project Coordinator Canadian Urban Institute 555 Richmond St. W., Suite 402 Toronto, ON, M5V 3B1 416- 365 -0816 x221, fax: 416- 365 -0650 www,canurb.com "Brickell, Mark" <mbrickell @niagaracanada.com> "Chapman, Paul" <pchapman @stcatharines.ca "Bob Bolibruck" <bbolibruck @niagarafalls.ca "Don Thorpe" <don.thorpe @welland.ca> 10/31/2007 1:59 PM FW: email and website Creative class for email.jpg Page 1 of 1 Check out this attachment. It is the first promo piece for the event. Obviously we look forward to adding the St. Catharines, Niagara Falls and Welland logos. Mark Original Message From: Linda Varekamp [mailto:Ivarekamp ©canurb.com] Sent: Wednesday, October 31, 2007 10:39 AM To: Brickell, Mark Subject: email and website IMPORTANT NOTICE: This message is intended only for the use of the individual or entity to which i 685 -1308. Thank you. file: /C:\Documents and Settings \di202\Local Settings \Temp\XPgrpwise \473D5F12Doma... 11/19/2007 Dean Iorfida Fwd: Festival of Lights Cheerleading Bus Transportatiosn From: Carey Campbell To: Dean Iorfida Date: 11/19/2007 1:06 PM Subject: Fwd: Festival of Lights Cheerleading Bus Transportatiosn CC: Kristine Speck Dean: Please find the attached request addressed to Mayor Salci and Members of Council. Please include in their Council Package. Thank you. Carey Carey E Campbell Executive Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 fax 905 374 3557 ccampbell nia arafalls.ca Last year we used Niagara Transit for shuttling the Cheereleaders to and from Hotels to Arena. The cost was $65.00 per hour for each of 4 buses. This year the cost is $75.00 per hour and am requesting a reduced price. I realize that costs have risen but any lesser amount would be satisfactory. As you are well aware, the Tourist Industry is down this year and unfortunately so are we in number of teams. We still have over 1700 room nights booked. Any help you can give us will be greatly appreciated and look forward to seeing you at Opening Ceremonies on Saturday December 1st. "Nicholas Nero" <nick.nero @cogeco.ca> 11/19/2007 10:33 AM Dear Mayor Salci and Members of Council: Regards, Nick Nero 905 734 -9518 Page 1 of 1 file: /C:\Documents and Settings \di202\Local Settings \Temp\XPgrpwise \47418A47Doma... 11/19/2007 November 26, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj7alls C A N A D A Re: CD- 2007 -18 2008 Council Schedule RECOMMENDATION: That Council approve the 2008 Council Schedule. BACKGROUND: CD- 2007 -18 Rule 2 of the Standing Rules of Council (By -law 89 -155) state that ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by -law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. Some comments regarding the schedule: Once again, staff has proposed a, roughly, bi- weekly schedule. Similar to 2007, there are twenty -three (23) meetings proposed. As always, special meetings may be called, if warranted, or meetings could be cancelled, especially in the summer months, if there is not any pressing business at hand. In 2007, although one meeting in August was cancelled, Council had three additional, special meetings (January 8, April 11 and May 7) and two additional special Budget/Corporate Services Committee meetings (April 23 and May 16). In addition, Council has met on "off' Council Mondays on a few occasions in 2007 for workshops. The meeting proposed for January 14, 2008 may be a budget meeting only, depending on the business at hand. Once the 2008 schedule has been approved, staff will bring forward a by -law amending the Standing Rules of Council by -law. Members of the public should be referred to the Council section of the City's website for the up to date Council meeting schedule: http: /www.niagarafalls.ca /city hall /council ox 1023 Niagara Falls, ON, Canada l2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks November 26, 2007 Recommended by: Approved by: Respectfully submitted: 2 Dean orfida, City CI 1 k CD- 2007 -18 K. E. Burden, Acting Director of Corpor.,- Services ft A o n MacDonald, Chief Administrative 0 Schedule Council 11/19/2007 10:06 AM January 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (7:00 PM 10:00 PM) Council and /or Budget Meeting Chambers) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O (7:00 PM 10:00 PM) Council Meeting Chambers) 29 30 31 Schedule Council 11/19/2007 10:06 AM February 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 0 (7:00 PM 10:00 PM) Council Meeting Chambers) 12 13 14 15 16 17 18 (8:30 AM 4:30 PM) Family Day 19 20 21 22 23 24 O (6:00 PM 9:00 PM) Ontario Good Roads Conference Royal York, Toronto) 25 9 (8:30 AM 4:30 PM) Ontario Good Roads Conference Royal York Tr,r n� 26 0 (8:30 AM 4:30 PM) Ontario Good Roads Conference Royal York, Toronto) 27 0 (8:30 AM 4:30 PM) Ontario Good Roads Conference Royal York, Toronto) 28 29 CcuAt:l' IY j 100 PTA Schedule Council 11/12/2007 4:09 PM March 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 ©(7:0 P 10:0 PM Co nal eeting C am ersL 4 5 6 7 8 9 10 O (8:30 AM 4:30 PM) March Break 11 O (8:30 AM 4:30 PM) March Break 12 (8:30 AM 4:30 PM) March Break 13 (8:30 AM 4:30 PM) March Break 14 (8:30 AM 4:30 PM) March Break 15 16 17 O (7:00 PM 10:00 PM) Council Meeting Chambers) 18 19 20 21 O (8:30 AM 4:30 PM) Good Friday 22 23 24 O (8:30 AM 4:30 PM) Easter Monday 25 26 27 28 29 30 31 (7:00 PM 10:00 PM) Council Meeting Chambers) Schedule Council 11/12/2007 4:09 PM April 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 O (7:00 PM 10:00 PM) Council Meeting Chambers) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 (7:00 PM 1 0:00 PM) Council Meeting Chambers) 29 30 Schedule Council 11/19/2007 10:07 AM Schedule Council 1 11/19/2007 10:07 AM May 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 O (7:00 PM 10:00 PM) Council Meeting Chambers) 13 14 15 16 17 18 19 (8:30 AM 4:30 PM) Victoria Day Holiday 20 21 22 23 24 25 26 O (7:00 PM 10:00 PM) Council Meeting Chambers) 27 28 29 30 31 Schedule Council 1 11/19/2007 10:07 AM June 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 O (7:00 PM 10:00 PM) Council Meeting Chambers) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 O (7:00 PM 10:00 PM) Council Meeting Chambers) 24 25 26 27 28 29 30 Schedule Council 1 11/19/2007 10:07 AM Schedule Council 1 11/19/2007 10:07 AM July 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 (7:00 PM 10:00 PM) Council Meeting Chambers) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (7:00 PM 10:00 PM) Council Meeting Chambers) 22 23 24 25 26 27 28 29 30 31 Schedule Council 1 11/19/2007 10:07 AM August 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 O (8:30 AM 4:30 PM) Civic Holiday 5 6 7 8 9 10 11 12 13 14 15 16 17 18 O (7:00 PM 10:00 PM) Council Meeting Chambers) 19 20 21 22 23 24 (6:00 PM 9:00 PM) A.M.O. Conference Westin, Ottawa) 25 (8:30 AM 4:30 PM) A.M.O. Conference Westin, Ottawa) 26 (8:30 AM 4:30 PM) A.M.O. Conference Westin, Ottawa) 27 (8:30 AM 4:30 PM) A.M.O. Conference Westin, Ottawa) 28 29 30 31 Schedule Council 1 11/19/2007 10:08 AM September 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 0 (8:30 AM 4:30 PM) Labour Day 7 8 0 (7:00 PM 10:00 PM) Council Meeting Chambers) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 (7:00 PM 10:00 PM) Council Meeting Chambers) 23 24 25 26 27 28 29 30 Schedule Council 1 11/19/2007 10:08 AM October 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 (7:00 PM 10:00 PM) Council Meeting Chambers) 7 8 9 10 11 12 13 O (8:30 AM 4:30 PM) Thanksgiving 14 15 16 17 18 19 20 0 (7:00 PM 10:00 PM) Council Meeting Chambers) 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 1 11/19/2007 10:08 AM November 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 O (7:00 PM 10:00 PM) Council Meeting Chambers) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O (7:00 PM 10:00 PM) Council Meeting Chambers) 18 19 20 21 22 23 24 25 26 27 28 29 30 Schedule Council 1 11/19/2007 10:09 AM Schedule Council 11/19/2007 10:09 AM December 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 (7:00 PM 10:00 PM) Council Meeting Chambers) 7 8 9 10 11 12 13 14 15 0 (7:00 PM 10:00 PM) Council Meeting Chambers) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 11/19/2007 10:09 AM November 26, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -42 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: 1. Tax Receivables Current Taxes Tax Arrears Percentage Collected Opening Balance Penalties Charged Collection Balance Total Unpaid Taxes NiagaraJalls The following is the quarterly report of Tax and Sundry Receivables to September 30th,2007. 2007 2006 Percentage Collected 74% 76% Levy to Date 157,085,482 146,623,353 Penalties Charged 775,383 732,772 Collections 116,215,571 111,907,307 Balance 41,645,294 35,448,818 2007 2006 52% 50% 14,489,650 14,461,355 1,216,289 1,198,184 8,214,488 7,837,263 7,491,491 7,822,256 49,136,785 43,271,074 F- 2007 -42 eet, P.O Box 1023, Niagara Falls, ON, Canada L2E6X5 905-356-7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance November 26, 2007 2. Other Receivables Sundry Receivables Accounts Receivables 2 F- 2007 -42 2007 2006 1,185,591 907,366 Finance staff has increased the focus on tax collections and follows a collection procedure to ensure that all accounts are collected in a timely manner. All overdue accounts are charged penalty /interest of 1 -1/4% per month. Recommended by: Approved by: Respectfully submitted: AF:Iw Todd Harrkon, Actin. Director of Finance Ken Burden, Acting Executive Director of Corporate Services acDonald, Chief Adip(iinistrative Officer November 26, 2007 MW- 2007 -129 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -129 Contract 2007 177 -06 Garner Southwest Sanitary Service Area and Pump Station RECOMMENDATION: BACKGROUND: rr Niagaraflalls That the Council engages the services of Associated Engineering to provide inspection services for the construction of the Garner Southwest Pumping Station and Forcemain Project at an upset limit of $254,256.00 (excl. GST) to be funded in full from the Development Charges Reserve Fund and that Council authorizes the additional funds be added to the existing contract for the design of the Pumping Station. Due to the unique and specialized nature of this project, additional inspection staff is necessary to provide proper inspection for this project at this time. Council has previously authorized staff to enter into an agreement with Associated Engineering to provide design services for a sanitary sewer system for the Garner Southwest area. Associated Engineering has designed the pumping station and forcemain component of the overall sanitary sewer system. Therefore, due to the specialized nature and complexity of the pumping station and forcemain service and their familiarity with the design issues, it is recommended that Associated Engineering be retained to complete the inspection of this project. This project was identified in the 2004 Development Charges Background Study (Project No. DC- NT -SA9) as being 95% funded from the Development Charges Reserve Fund. Attached for your reference is a copy of the proposal. Council's concurrence with the recommendation made would be appreciated. ueen Street, PO Bolt 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 'www niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works November 26, 2007 Recommended by: Approved by: Respectfully submitted: 2 Geoff Holman, Director of Municipal Works MW- 2007 -129 Ed Dujlovic, Executive Director of Community Services John %Donald, Chief A dministrative fficer F. Tassone S: \REPORTS \2007 Reports \MW 2007 -129- Contract 2007 177 -06 Garner Southwest Sanitary Service Area and Pump Station.wpd tf, Associated Engineering GLOBAL PERSPECTIVE. LOCAL FOCUS. November 1, 2007 File: 2006-5222.00.P.02.03 Frank Tassone, C.E.T. Project Manager City of Niagara Falls Community Services Department Municipal Works P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: GARNER SW SANITARY SERVICE AREA AND PUMP STATION TENDERING AND RESIDENT ENGINEERING SERVICES Associated Engineering (Ont.) Ltd. Suite 208 iioA Hannover Drive St. Catharines, Ontario, Canada L2W 1A4 TEL 905.346.0990 FAX 905.346.0992 www.ae.ca Dear Mr. Tassone: Further to your request, Associated Engineering (AE) is pleased to provide the attached estimate of fees and rates to provide tendering and resident engineering services for the construction of the Garner SW Sanitary Service Area and Pump Station. The following is based on our understanding that the construction period will be approximately twenty -eight (28) weeks and will require full time resident inspection. Tendering AE will respond to bidder queries during the tender period, attend the tender opening, review and evaluate the tendered bids and provide a recommendation regarding contract award. Construction Administration It is our understanding that the City of Niagara Falls will be responsible for all construction administration activities. We have provided hourly rates on the attached spreadsheet should the City require assistance with reviewing equipment substitutions, requests for information (RFI), contract requests for change (RFC), contemplated change price requests (CCPR) and any submitted contractor claims or dispute resolution. Site Meetings AE will attend monthly site meetings throughout the duration of the 28 week construction period as part of our original agreement. It is our understanding that the City.will prepare all agendas and meeting minutes. Resident Engineering /Specialist Inspections Resident Engineering services will include the following: The maintenance of complete site records jt November 1, 2007 Frank Tassone, C.E.T. City of Niagara Falls 2 The maintenance of a site diary outlining contractor's progress, manpower and activities for the day, highlighting any unusual circumstances, rejected works and potential claims Provide specialist inspections for structural, electrical, process mechanical, building mechanical and Instrumentation and control as required including final occupancy signoff. Shop Drawing Review AE will review all submitted shop drawings for compliance with contract drawings and specifications. Submissions determined to be unacceptable will be returned to the contractor noted "Revise and Resubmit We have included in our fee table one (1) resubmission review only. Multiple resubmissions will be reviewed only as directed by the City and at the hourly rates noted in the attached fee schedule. A shop drawing register will be maintained that notes drawing submission dates and return dates. Commissioning Training AE will provide assistance and clarification during the commissioning of the facility and training of key staff including FAT /SAT of the SCADA system. We trust you will find the above satisfactory. If you have any questions or require further clarification, please call. Yours truly, Joe Toneliato, P.Eng. Ge." Burn, P.Eng. Senior Civil Engineer Manager, St. Catharines Office 0 Associated Engineering GLOBAL PERSPECTIVE. LOCAL FOCUS. co as a5 a t. L w N 0 0 0( 0 0 M O M O) N I'-N CO 4» E9 CA W m LT: 0 E O }--m u to Q --i 2 Tendering and Resident Engineering Contract No. 2007-177-06 0 0 o V (ft 0 (n N E9 0 0 N O N r '69 N. CO V Efl p a. CO (O (O fH 0 M (O N 69 C O O N t N N E9- 1 993'793 O 0. r 09 009' l 000 1 009` L 1 000'9 0 0 LC, N 69- i I 009'0Z I 20,600 009'4 0 00Z`9 L L 9L4`£L 51,640 I 23,840 233,656 I 999'££Z Total 9ti I 00Z 00bL I on 1 0917 0011- I 09 O9 Oti Ob Shop Drawing Review Discpline Inspection 'rAl £1-$1 I tZ I on DH /AF OZL$ 173 OZL ja I 0ZL$ 173 09 dNI 9tiL$ tiZ I 09 8W 06$ I I 09 8W 06$ 32 Tenc lr OZL$ Wd lr OZL$ 1 003 area �eIS >Isel 1 Tendering No of weeks of Construction: 28 I Project Management I Resident Engineering (50 hrs /wk) Specialist Inspections Shop Drawing Review Commissioning Training 1 I Q r N V) V (0 co as a5 a t. L w N 0 0 0( 0 0 M O M O) N I'-N CO 4» E9 CA W m LT: 0 E O }--m u to Q --i 2 Tendering and Resident Engineering Contract No. 2007-177-06 November 26, 2007 MW- 2007 -130 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araf CA NAUA Re: MW- 2007 -130 Contract 2007 177 -06 Garner Southwest Pumping Station and Forcemain That the unit prices submitted by the lowest tenderer Gibbons Contracting Ltd. be accepted and; that approval be granted for the contract amount from the 2007 2008 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, November 6, 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by twenty -five (25) Contractors and five (5) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors, along with the corrected bids( 1. Gibbons Contracting Ltd. 2. Newman Brothers Ltd.; 3. T.R. Hinan Contractors 4. Romag Contracting 5. Hard Rock Construction Stevensville St. Catharines St. Catharines Mississauga Port Colbourne 3,679,742.39 3,895,462.00 3,978,231.00 3,978,176.51 4,170,430.00 4,215,430.00 4,511,705.00 The Iowesttenderwas received from Gibbons Contracting in the amount of $3,679,742.39. This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. een Street, PO Box 1023, Niagara falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works November 26, 2007 The engineer's estimate for this contract was 4,440,000.00 Project Costs: Awarded Contract (excluding GST) Funding: Recommended by: Approved by: Respectfully submitted: 2 MW- 2007 -130 3,679,742.39 Total 3,679,742.39 Garner South Sewer Area Garner /Southwest (Account No. 12 -3- 410009 030000) 3,679,742.39 Total 3,679,742.39 The funding for this project is broken down 95% from Development Charges and 5% from Capital. This project is scheduled to commence construction in early December 2007 and all work is to carry through up to the final completion date in May /June 2008. Council's concurrence with the recommendation made would be appreciated. Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Admi istrative Officer F. Tassone S: \REPORTS \2007 Reports \MW 2007 -130- Contract 2007 177 -06 Garner Southwest Pumping Station and Forcemain .wpd November 26, 2007 R- 2007 -35 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2007 -35 Naming Renaming Parks Policy: Committee Responsibility RECOMMENDATION: That the committee responsible for the evaluation of submissions and in making a recommendation to Council regarding Naming Renaming Parks Policy (1000.32) be changed from the Park In The City Committee to the Recreation Committee. BACKGROUND: Niag araf CANADA The policy for naming parks and facilities was created in 1982, and updated in 1995. Given a number of recent requests received for the naming, as well as renaming of parks, coupled with the fact that the Civic Committee is no longer in existence, a review of the policy was completed The recommended policy, as approved by Council on September 10, 2007, included the recommendation that the Park In the City Committee serve as the committee responsible for this evaluation. On September 19, 2007, the Park in the City Committee minutes indicated The Committee reviewed the new policy and noted that this responsibility was previously done by the Civic Committee which no longer exists.' At the September 19, 2007, meeting the motion was moved and seconded that the Park In the City Committee accept this new responsibility. At the October 9, 2007, meeting of the Recreation Committee, the park and renaming policy was provided as information with the agenda packages. The following motion was made by the Recreation Committee: "That after reviewing R- 2007 -14 Naming and Renaming Parks Policy, the Recreation Committee would like Council to reconsider and recommend the Recreation Committee to serve as the Committee to be responsible for evaluating the naming of parks ase aad Unft 3,Niagara FaIIs;ON,Canada 'C2H 3N3. 905 356 7527 www:r iagarafaIIs.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture November 26, 2007 Deny Morrissey, Director of Parks, Recreation Culture At the October 17, 2007, meeting of the Park In the City Committee the following motion was made and seconded: "That the Park In The City Committee withdraw their motion to accept the responsibility for R- 2000 -14 Naming and Renaming of Parks Policy. The revised policy whereby the committee name has been changed to read, in each applicable article, "the Recreation Committee" is attached. Recommended by: Approved by: Respectfully submitted: Attachment 2 R- 2007 -35 Ed Dujlovic, Executive Director of Community Services John M onald, Chief Administrative Officer DEPARTMENT: COMMUNITY SERVICES PARKS, RECREATION CULTURE DATE EFFECTED: APRIL 13, 1982 DATE REVISED: August 28, 1995 September 10, 2007 POLICY: Naming and Renaming of Parks R- 2007 -14 Purpose: The purpose of this policy is to outline a procedure for the commemorative naming or renaming of parks /open spaces, and component features as part of the acquisition and /or management of these spaces by the City of Niagara Falls. Commemorative Naming refers to the naming of a property in honour of outstanding achievement, distinctive service, or significant community contribution, generally without financial consideration. Objective: POLICY SECTION: 1000.32 Page 1 of 7 1. To provide a consistent process for the City of Niagara Falls to recognize significant local events, people and geographic features through the naming of parks /open spaces, and features; 2. To provide the guidelines by which names will be chosen for new City parks /open spaces, and features, and by which these features will be renamed, if necessary; 3. To include community involvement in the naming/renaming, and dedication of parks /open spaces, and features through a clearly defined process. Definition of Terms The following terms are provided for greater clarity. Component Feature means all substantial structures or recreational aspects of a park which includes, but is not limited to, such things as sport fields, ball diamonds, hard surface courts, tennis courts, lawn bowling greens, bocce courts, gardens, playgrounds, washrooms and skateboard park facilities, etc. Commemorative Naming naming rights granted to honour outstanding achievement, distinctive service, or significant community contribution. Commemorative naming will not be tied to a financial contribution. Individual and Community Organization Commemorative Naming naming rights granted to an individual, group of individuals, family foundation, or a non profit community organization in recognition of significant philanthropy. Page 2 of 7 Open Space includes, but is not limited to, trails, pathway systems, utility features such as storm water management ponds, and other like structure under the jurisdiction of the City of Niagara Falls. Parkland- means all parkland designations including, but not limited to, dedicated parkland, city- wide parks, community parks, neighbourhood parks, parkettes, open space, etc. owned by and /or under the jurisdiction of the City of Niagara Falls. Significant Financial Gifts means a monetary donation reflective of the total capital cost or appraised value of the amenity being considered for naming. Criteria: 1.0 Commemorative Name Designation Associated with Functional Use, Geographic Location or Historical Significance. 1.1 Staff may assign a name based on the adjacent street, functional use, geographic feature, community name or historic significance. Examples include: Alpine Park adjacent to Alpine Dr. Lundy's Lane Battlefield Historical Significance 1.2. Chosen names within this designation shall be assigned by Staff and may remain unchanged until a formal request for a name change has been approved by Council. 1.3 The chosen name shall not conflict with similar names, in whole or in part. For example, if a park is named Oakes Park, no other similar name shall be used, such as Red Oak Park. 1.4 Generally, chosen names shall reflect the adjacent street name. For example, Ontario Park majority of street frontage on Ontario Avenue. This is to ensure continuity and minimize conflicts for emergency services. 2.0 Commemorative Name Designation Associated in Honour of Individuals or Groups. 2.1 This section applies to any request to: a) naming b) renaming a park/open space, or component feature in honour of individuals or groups. 2.2 Council shall approve all names in honour of individuals or groups. All requests for naming, designating or renaming in honour of individuals or groups shall be submitted in writing, with supporting explanation and/or justification to the Chair of the Recreation Committee, c/o the Director of Parks, Recreation Culture. Staff will forward a report with the Committee's recommendations to Council for consideration. Page 3 of 7 2.3. Names for consideration shall be those of distinguished persons, organizations, corporations, foundations or families: a) where there has been significant contribution to the quality of life, well being of the City of Niagara Falls; or b) where the person/group is perceived as a role model and open to close scrutiny relative to their character, integrity and values; or c) demonstrated excellence, courage or exceptional service to the citizens of the City of Niagara Falls; or d) to memorialize or otherwise recognize substantial gifts and significant donors, individuals designated by donors, or individuals who have made exemplary or meritorious contributions to the City of Niagara Falls; or, e) where there is a strong historical or cultural connection to the City and has a major contribution to the historical or cultural preservation of the City; or, f) where there is a strong contribution toward environmental preservation, conservation or enhancement of the City; or, where there is a major contribution made to the acquisition, development or conveyance of land or building in question and/or its subsequent development; or f) where there is a direct relationship or association that exists between the place or former place of residence of the person or group and the facility /park to be named. g) 2.4 Naming in honour of elected or appointed public officials, City officials, or Staff shall normally occur only after the public service or City employment has concluded. 2.5 Notwithstanding the above, Council, by resolution, may approve a name or name change in honour of individuals or groups when circumstances justify such an action. Council may also remove the original name designation when circumstances justify such action. 3.0 Commemorative Names of Provincial, National or International Significance 3.1 Council may approve a name or name change in honour of individuals or groups who have made an outstanding contribution provincially, nationally, or internationally. 3.2 In such instances, and prior to approving the use of any name of individuals or group, Staff shall investigate any protocol and/or requirements of any provincial, national or international agency or organization. 4.0 Names Derived from Significant Financial Contributions 4.1 In selected instances where a naming request has been proposed as a result of receiving a unique and extraordinary financial, or other significant contribution, towards the acquisition, creation or redevelopment of a property or park consideration will be given to the sponsorship contribution being provided. The merits and value of each such naming will be evaluated on a case -by -case basis. It should not be assumed that a financial contribution guarantees that a park is named after the service club/business /individual /organization. Page 4 of 7 5.0 Renaming Existing Parks 5.1 Renaming of parks and open spaces carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values. Each application must meet the criteria in this policy, but meeting all criteria does not automatically ensure renaming. 5.2 Critical examination will be conducted to ensure that renaming the park will not diminish the original justification for the name or the prior contributors. Renaming will follow the same procedures as naming a park/open space, or component feature: a) Only parks and facilities named for geographic location, outstanding feature or subdivision should be considered for renaming. Parks that have been named by deed restriction shall not be considered for renaming; b) Parks and facilities named after individuals shall not be changed unless it is found that because of the individual's character the continued use of their name would not be in the best interest of the community. 5.3 Existing names will not be changed without the consideration of: a) the historical significance of the existing name; b) the impact on the individual or organization associated with the existing name; c) the cost and impact of changing existing signage, rebuilding community recognition and updating records (data bases, maps, promotional materials, etc.). 5.4 Only nominations having a direct relevance to the park/open space, or a component feature within the space in question will be considered for renaming 5.5 Renaming of a park/open space, or component feature may occur if: a) the policy criteria are met; and b) a valid justification for renaming the facility is provided; and c) changing the name will not cause undue confusion within the community; and d) an appropriate level of community support exists. 6.0 Inventory of Names 6.1 The Parks, Recreation Culture Department shall be responsible for maintaining an inventory of names for parks /open spaces, and component features. 6.2 Proposals for names that will not be given consideration or counted as part of the inventory include: a) names that cause confusion for the public or emergency services due to duplication with an existing name; b) names that duplicate a school or facility name that is not directly adjacent Page 5 of 7 to the area to be named; c) names that are meaningful only to a few members of the community; d) the proposal suggests a name after a specific builder or developer; e) the proposed name advertises a product or private company. 7.0 Signage 7.1 The City will be responsible for coordinating the public presentation of signage to acknowledge the naming/renaming designation. Costs associated with naming/renaming of a park/open space, or component feature as outlined in this policy will be assumed by the City of Niagara Falls. 7.2 The City will have final approval for the selection and location of any signage, including signage text and design. 7.3 The addition of flowers, plant material, other signage and /or ornaments /memorials near the sign, by the public, is prohibited. 7.4 The City will bear the responsibility of ongoing maintenance for the signage. Procedures: 1. Any individual or group wishing to submit a request for naming/renaming any park/open space, or component feature must provide a written proposal to the Recreation Committee, c/o the Director of Parks, Recreation Culture Department, and should include at least the following minimum information: i) name of the applicant; and ii) identification of the parks /open spaces or park features to be named/renamed; and iii) proposed name; and iv) background information describing the accomplishments and/or legitimacy of the name designation; and Proposals are encouraged to include letters of endorsement supporting the application. 2. When there is a local neighbourhood association or community group associated with the area in which the park/open space, or component feature in question is to be named, the Parks, Recreation Culture Department will circulate the proposal to those parties. 3. When possible, if a request to name /rename is directly associated with, or is on land that has been donated to the City, the original donor or family will be advised. 4. When a naming /renaming request is submitted, Staff shall conduct a historical review of the current name prior to recommending approval. 5. When a naming /renaming request is submitted, staff will ensure that the nominee being Page 6 of 7 honoured is in agreement with the naming proposal (if they are living), or by their legal representative should they be deceased. 6. Naming/renaming requests will also appear on the City's website allowing for (30) thirty calendar days for written comments from the public to the Recreation Committee. 7. The Parks, Recreation Culture Department will convene a meeting of the Recreation Committee, as appropriate, to review the request. Staff will consult and request comments from all other divisions that have jurisdiction relative to the amenity in question. Staff will forward the recommendation(s) of the Recreation Committee via a report to Council. 8. When a request proposes the naming/renaming of a park/open space, or component feature after an individual or group, the report shall be dealt with in- camera, similar to a personnel matter. This will ensure the integrity of the process and avoid any potential embarrassment. 9. The Parks, Recreation Culture Department will notify the applicant of Council's decision. S:\Policies\Policy Procedures Manual \1000.32 Naming and Renaming of Parks.wpd YAW' OF 1 OM INATOR Contact rnf orma4.gg f theperson,srnbtntth t th fegtt Name: Address: City: Postal Code: Telephone Number -Day: Evening: Email Address: qt''`r 3k'• i a* ,a� AM nG x min r 4 N OFNTOF ff� rr 3r� r x 3'�' a of f "''r r t �(YO ntf orroah01' e- #roe ranee J4v�nt a$ os u t n u rt n s Se n o tjo Vt� p. Q t rt .'.l yy x, t e �f e x z c zthe aontac�'u fh etnext,pflan�'�'�f� �Fya� 'a y Name of Nominee: Address: City: Postal Code: Telephone Number -Day: Evening: Email Address: Letter of consent from nominee or next of kin attached: Yes 0 No .2. c ,y 'SY .7f'4 °cu arc A4 "�'C �r 'ik` nQycaf 4 t'of r qu s yo1a� e s re to co# r A PART A Type of Request Naming Request to name an amenity not currently named. DI Renaming Request to rename an existing named amenity. For renaming requests only Please indicate the existing name that you are requesting be changed. PART B Type of Amenity to be considered: Park/Open Space /Trail Park Feature Specific Location/Address of Park/Open Space/Trail: OPbS D` a FO O DP F} CIO NiagaiaJals Date of Submission: City of Niagara Falls Parks, Recreation and Culture 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 Telephone: 905 356 -7521, ext. 3330 Fax: 905 356 -7404 E -mail: prc @niagarafalls.ca Website: www.niagarafalls.ca NAMING RENAMING REQUEST OF A PARK/OPEN SPACE OR PARK FEATURE Please submit the completed application package, with all accompanying documents to: Parks, Recreation Culture 7150 Montrose Road, Unit 1, Niagara Falls, ON, L2H 3N3. Page 7 of 7 Reasons for Nomination and History of Nominee. Please attach a written submission stating the reasons for the nomination. Be sure to include sufficient information as to how the proposed name satisfies the criteria of the policy. This may include, but is not limited to, background and/or biographical information and supporting documentation including letters of support, newspaper articles, etc. November 26, 2007 TS- 2007 -13 Members: Niagaraflalls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: TS- 2007 -13 Transit Request from CAW for Christmas Community Dinner RECOMMENDATION: That a grant, in the cost amount outlined in this Report, be approved for the supply of charter service for this initiative. BACKGROUND: For the past nine years, C.A.W. Local 199, in conjunction with other service groups has sponsored a Christmas Community Dinner for those members of our community who are less fortunate. The event takes place on Thursday, December 27 at the C.A.W. hall on Bunting Road in St. Catharines from noon through 7:00 p.m. In addition to Local 199 donating the use of its hall and facilities on this day, C.A.W. suppliers generously donate the entire menu, kitchen staff donates their time to prepare the meals, and the Niagara Health Care Bus is on site to provide medical attention and referrals to local doctors and dentists. Since the inception of this initiative, Niagara Transit has been providing transportation services to residents of Niagara Falls to attend this dinner. The Bus Operator is responsible for picking -up guests from Project Share and the Out of the Cold Program and carrying them to and from the hall. Niagara Transit can assist this initiative by providing a bus for the time required. The cost to provide a vehicle and Bus Operator for eight and a quarter hours would be $480.98 (8.25 hours at $55 /hr GST). The standard charter cost to provide a vehicle and Bus Operator for eight and one quarter hours would be $655.88 (8.25 hours at $75 /hr GST). The additional 1.25 hours is a result of negotiated report time and bus check commitments required by the Operator prior to departing. C.A.W. Local 199 are requesting Council to consider providing a grant for the costs incurred by Niagara Transit for this Christmas Community Dinner initiative. reet, P.O Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services November 26, 2007 Recommended by: Approved by: Respectfully submitted: Karl Dren, Director of Transportation Services Ed Dujlovic, John 2 cDonald, Chief Administrative Officer D. Stuart S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2007 Counci1\11 Nov 26 \TS- 2007 -13 -Bus Request CAW Dinner.wpd TS- 2007 -13 cutive Director of Community Services November 26, 2007 TS- 2007 -14 Niag ara CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2007 -14 Transit Request for WinterLights Competition RECOMMENDATION: That a grant, in the cost amount outlined in this Report, be approved for the supply of transit service for this initiative. BACKGROUND: The City of Niagara Falls' Park in the City and the Winter Festival of Lights Committees have, once again, united to organize the City's participation in the national WinterLights competition. WinterLights Celebrations is the national winter program of Communities in Bloom, which encourages communities to showcase winter activities, festive celebrations, and visual decorations. The program was initiated by the Canadian Tourism Commission to promote the involvement and actions by residents, municipalities, service organizations, industry and commerce. Through the Mayor's Office, a request has been made of Niagara Transit to grant the use of a bus and Operator to the organizing committees for December 7th and 8 On these two days the City of Niagara Falls will be welcoming and hosting two national WinterLights judges. The judges will be transported throughout our community to view residential, commercial, and Festival of Lights displays, as well as the many festive events taking place during their stay. Niagara Transit can assist this initiative by providing a small bus for the two days required. The cost to provide a vehicle and Bus Operator for seven hours on December 7 and ten hours on December 8 would be $991.10 (17 hours at $55 /hr GST). If the vehicle were chartered, the cost would be $1,351.50 (17 hours at $75 /hr GST). The City of Niagara Falls' Park in the City and the Winter Festival of Lights committees are requesting Council to consider providing a grant for the costs incurred by Niagara Transit for this two -day initiative. ueen Street .O Box 1023, Niagara Falls, ON, Canada L2E 6X5 905-356-7521 wwwniagarafalls ca Working Together to Serve Our Community Community Services Department Transportation Services November 26, 2007 Recommended by: Approved by: Respectfully submitted: 2 Karl Dren, Director of Transportation Services TS- 2007 -14 Ed Dujlovic, Executive Director of Community Services John cDonald, Chief Administrative Offi D. Stuart S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2007 Council \11 Nov 26 \TS- 2007 -14- Transit Request for WinterLights Competition.wpd November 26, 2007 TS- 2007 -15 Niag araJl CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2007 -15 Transit Request for Reduced Student Fare RECOMMENDATION: That the reduced student fare of 25 cents per ride be approved for the 2007 Christmas and 2008 March school breaks. BACKGROUND: Niagara Transit staff has been working in concert with the Mayor's Youth Advisory Committee to review opportunities to further enhance our services, and thus, ridership within the student market. One of the initiatives, developed to achieve greater ridership within this demographic, is the reduced rate fare program offered during the Christmas and March breaks. For the past two years, Niagara Transit has been allowing the students to board the buses during these two periods for just 25 cents per ride, a savings of $1.75 per ride over the $2.00 student cash fare. This dramatically reduced fare has produced some impressive ridership spikes during these initiatives with the intent to expose more students to the independence they can enjoy when they utilize our public transit system. With this increased exposure, it is also hoped many of the students will realize value in the service and become loyal transit customers. The student demographic will be one of the opportunities reviewed within the Transit Strategic Plan. Beyond this reduced rate program, a more comprehensive campaign will be developed, which will involve continued dialogue with our students through the Mayor's Advisory Committee, to better meet the transportation needs of our teenagers to capture a greater share of this target market. In summary, Niagara Transit has realized increases in student ridership in the weeks following the reduced fare school breaks. In addition to the ridership gains, the program enables Transit staff to better liaise with our community's youths, who assist in the marketing of the initiative through their respective schools. Therefore, until such time as the Transit Strategic Plan provides a more focused approach to market our services to this demographic, the twenty ftve'cent ride program has merit to Niagara Transit staff during the Christmas andt .h school breaks. een Street, PO Box 1023, Niagara Faats, ON, Canada L2E 6X5 905 -356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services November 26, 2007 Recommended by: Approved by: Respectfully submitted: John M 2 TS- 2007 -15 Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services nald, Chief Administrative 0 D. Stuart S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2007 Council \11 Nov 26 \TS- 2007 -15- Transit Request for Reduced Student Fare.wpd icer November 26, 2007 TS- 2007 -17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2007 -17 Transit Request for Project Share Christmas Basket Program RECOMMENDATION: Niagaraa11s C A N A D A That a grant, in the amount outlined in this Report, be approved for the supply of transit service to support this initiative. BACKGROUND: Niagara Transit has been supporting Project Share on various initiatives over the past several years. One such campaign is the Project S.H.A.R.E.'s Christmas Basket program, which challenges elementary schools to raise the greatest amount of nonperishable food items, toys, and Canadian Tire money. The schools compete against one another to raise the greatest amounts of food based on weight, with the Canadian Tire money equating to one pound for every dollar collected. The winning school, based on weight collected per student capita, will receive the services of radio station 101.1 WILD for an event at their school. In addition, the most successful school will be announced at the Good News Breakfast held at the Maid of the Mist campus on December 21, 2007. To assist the program, Niagara Transit provides a bus and Operator to travel to every participating school where the food donations are weighed then loaded with the toys and are delivered to Project S.H.A.R.E. to help stock the shelves for those members of our community who are less fortunate. The cost to Niagara Transit to supply a bus and Operator for approximately two days is $1,000.00. Niagara Transit has participated in this initiative in the past and is supportive of the program. a 's ueen Street, PO Box 1023, Niagara Falls, ON, Canada ;!L2E 6X5 905- 356 -7521 www niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services November 26, 2007 Recommended by: Approved by: Respectfully submitted: -2- TS- 2007 -17 yr" Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services t dz John Ma�onald, Chief Administrativ fficer S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2007 Counci1111 Nov 26 US-2007-17-Transit Request for Project Share Christmas Basket Program.wpd November 26, 2007 TS- 2007 -16 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATIONS: BACKGROUND: Recommended by: Approved by: Respectfully submitted: s. W heeler Ed Dujlovic, NiagaraJ CANADA Re: TS- 2007 -16 Downtown BIA Request for 2 -hour free parking Only at On- Street Parking Meters and On- Street Pay and Display Machines, during Month of December. It is recommended that 2- hour free parking, only at on- street parking meters and on- street pay and display machines, in the Downtown Core, during the month of December, be approved. The Downtown Board of Management has once again submitted a request to have free parking implemented at on- street parking meters and on- street pay display machines, during the month of December. During this free parking time, those patrons who overstay the 2 -hour grace period, at the on- street meters and on- street pay and display machines, will be subject to a fine. For those patrons who need to park longer than two hours, they may use one of the Downtown Municipal Pay Parking Lots and pay the associated parking fees. Karl Dren, Directo of Transportation Services ecutive Director of Community Services treet, P.O. Box 1023, Niagara Falis, ON, Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca acDonald, Chief Administrative Officer Working Together to Serve Our Community Community Services Department Transportation Services November 26, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007 -19 Union Marsh Drainage By -law RECOMMENDATION: BACKGROUND: Niag araa11s CANADA Working Together to Serve Our Community CD- 2007 -19 That Council approve and give third reading to By -law 2007 -174 (Union Marsh Municipal Drain By -law). On July 9, 2007, the writer provided the Council with the attached memo outlining the passing of by -laws under the Drainage Act. As noted at the time, by -laws under the Drainage Act are initially read two times and considered provisional. The passing of the provisional by -law triggers the appeal process through the Court of Revision. Once all appeals have been settled, the by -law returns to Council for a third and final reading. Also on July 9` Council passed the following motions: that the west branch drainage works for the QEW upstream be eliminated from the proposed construction, as per the residents' petition and that the City of Niagara Falls landowners' assessment be paid from the general levy. The provisional Union Marsh Municipal Drain By -law was brought forward to reflect Council's decision and was passed on September 10` Council meeting (see attached). On November 6 the Court of Revision was held in compliance with the Drainage Act. Not too surprisingly, in Tight of Council's decision to have the landowners' assessment paid from the general levy, there were no appeals. As a result, it is now appropriate for Council to give third reading to the Union Marsh Municipal Drain By -law. There is still one further opportunity for appeal. Any owner of land within the initiating municipality may appeal the passing of the by -law to a referee appointed under the Drainage Act. In light of Council's decision on payment and other opportunities for appeal, it is highly unlikely that there will be an appeal to the referee. ueen:Street, PO Box 1023, Niagara Fails, ON, Canada L2E 6X5 905-356-7521 www.niagarafalls.ca Corporate Services Department Clerks November 26, 2007 Recommended by: Approved by: Respectfully submitted: Dean Iorfid City Clerk 2 K. E. Burden, Acting Director of Corporate Services MacDonald, Chief Administrative Officer CD- 2007 -19 Corporate Services Department Clerk's Division Inter Department Memorandum TO: Mayor Ted Salci DATE: July 9, 2007 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 NiagaraJ C {NADA RE: Drainage Act By -law/ Reading of the By -laws Council will note that the by -law related to the Drainage Act follows a slightly different format than the other by -laws on tonight's agenda. The practice in many municipalities, including ours, is to give the by -laws "three readings This practice follows the passing of statutes at the Federal and Provincial level by three readings. As M. Rick O'Connor points out in his book, Open Local Government 2, there is no general legislative requirement that municipal by -laws be given three readings. It is a practice that this writer would like to dispense with in the future, possibly after a new Procedural By -law has been done. The one legislative instance where it is necessary for the by -law to be given three readings is a by- law under the Drainage Act. In fact, the by -law on tonight's agenda will only be given "two readings" and will be considered provisional. As report MW- 2007 -62 outlines, the passing of the provisional by -law triggers the appeal process through the Court of Revision. Once all appeals have been settled, the by -law will return to Council for a third and final reading. is A, Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development CITY OF NIAGARA FALLS By -Law No. 2007 -174 A by -law to provide for a drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara. WHEREAS the Director of Public Works has petitioned the Council of the City of Niagara Falls, in the Regional Municipality of Niagara in accordance with the provisions of the Drainage Act requesting that the Union Marsh Drain be improved to ensure proper drainage for all roads with the watershed. AND WHEREAS the Council of the City of Niagara Falls, in the Regional Municipality of Niagara, has procured a Report made by K.Smart Associates Limited dated January 30, 2006 and as amended August 23, 2007 the report is attached hereto and forms part of this By -law; AND WHEREAS the estimated total cost of constructing the drainage works is $239,900.00 AND WHEREAS $156,231.00 is the amount to be contributed by the municipality for construction of the drainage works both within the City's road allowances and on private property for those landowners within the municipality. AND WHEREAS $13,196.00 is being assessed in the City of Niagara Falls to the Regional Municipality of Niagara. AND WHEREAS $28,074.00 is being assessed in the City of Niagara Falls to the Ministry of Transportation. AND WHEREAS Council is of the opinion that the drainage of the area is desirable THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS UNDER THE DRAINAGE ACT ENACTS AS FOLLOWS: 1. The initial report dated January 30, 2006 and the amending report date of August 23, 2007 and attached hereto is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith; 2. (1) The Corporation of the city of Niagara Falls may borrow on the credit of the Corporation, the amount of $239,900.00 being the amount necessary for construction of the drainage works. (2) The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under section 85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) money paid under subsection 61(3) of the Act, and (d) money assessed in and payable by another municipality, and such debentures shall be made payable within ten (10) years from the date of the debenture and shall bear interest at a rate not higher than the rate charged by The Ontario Municipal Improvement Corporation on the date of sale of such debentures. 3. A special equal annual rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in Schedule `A' attached to the aforesaid Report, to be collected the same manner and at the same time as other taxes are collected in each year for ten (10) years after the passing of this by -law. 4. For paying the amount of $239,900.00 being the amount assessed upon the lands and roads belonging to or controlled the municipality and private lands within the municipality, a special rate sufficient to pay the amount assessed, plus interest thereon shall be levied upon the whole rateable property in the City of Niagara Falls in each year for ten (10) years after the passing of this by -law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $50.00 or less are payable in the first year in which the assessment is imposed. 6. This by -law comes into force on the passing thereof and may be cited as the "Union Marsh Municipal Drain By -law First Reading: September 10, 2007 Second Reading: September 10, 2007 Provisionally adopted this 10 day of September 2007. Enacted this Dean Iorfid Third Reading: ITY CLERK R.T. Salci, MAYOR day of 2007 Dean Iorfida, CITY CLERK R.T. Salci, MAYOR November 26, 2007 L- 2007 -52 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: 7 NiagaraJ7alls Re: L- 2007 -52 Declare Surplus and Convey Laneway between Dyson Avenue Muir Avenue Our File No.: 2004 -302 That a laneway located between Muir Avenue and Dyson Street to the east and west, and Leader Lane and Ferguson Street to the north and south "subject lands and shown hatched on Attachment "1", be declared surplus and conveyed to the abutting landowners, for nominal consideration. BACKGROUND: Staff received a request to permanently close and convey the subject lands to the abutting landowners. The subject lands are approximately 16 feet wide and are located to the rear of homes fronting onto Dyson Avenue, Muir Avenue or Ferguson Street. On May 16, 2007 a meeting was held with the abutting landowners to the subject lands and they agreed to pay the costs associated with closing the laneway. As with other laneways in the City there are numerous encroachments onto the laneway and City Staff is unable to enter the laneway from any direction to remove fallen trees, branches, etc. Disposing of the subject lands will relieve the City of all maintenance, plowing and potential liability. It should be noted that presently the subject lands only serve the abutting landowners. Staff has no objections to conveying the subject lands and recommends that the subject lands be conveyed to the abutting landowners. L2E'6X5 Queen'Street, PO Box 1023, Niagara Falls,.ON, Canada www niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks 2 Ken Beaman, City Solicitor K. E. rden, Acting Executive Director of Corporate Services l Jo� MacDonald, Chief Administrative Officer Subject Land WA A by -law to declare Lane, Plan 997 Town of Niagara Falls lying between Swinyard Street and Muir Street and Leader Lane and Ferguson Street, in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. WHEREAS subsection 268(3)(a) of the MunicipalAct, 2001, 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: Lane, Plan 997 Town of Niagara Falls lying between Swinyard Street and Muir Street and Leader Lane and Ferguson Street, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty -sixth day of November, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 26, 2007. November 26, 2007. November 26, 2007. CITY OF NIAGARA FALLS By -law No. 2007- CITY OF NIAGARA FALLS By -law No. 2007 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 74 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This by -law shall come into force and take effect on the day of final passing thereof. Passed this twenty -sixth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 26, 2007 November 26, 2007 November 26, 2007 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text constitute Amendment No. 74 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE PART 3, SECTION 3 CONSERVATION STRATEGY is hereby amended by deleting Subsection 3.2 HERITAGE RESOURCES, in its entirety and replacing it with the following: 3.2 HERITAGE RESOURCES 3.2.1 The City of Niagara Falls has a rich historical background and in order to promote the conservation of heritage resources, the City shall appoint citizen representatives to a Municipal Heritage Committee (MHC) under the terms of the Ontario Heritage Act. This Committee shall research and advise City Council on heritage matters relating to the identification, protection and /or management of properties of cultural heritage value or interest. The MHC may also advise and assist Council on other heritage related matters as required. 3.2.2 The City shall maintain a register of properties that are considered to be of cultural heritage value or interest. The registry shall contain both those lands that have been designated under Parts IV or V of the Ontario Heritage Act as well as listed properties believed to be worthy of future designation. 3.2.3 The City shall consider the addition of cultural heritage properties that have not been designated under the Ontario Heritage Act to the municipal register where preliminary research has shown that there is sufficient merit to undertake a more detailed review and evaluation of the property for future designation. 3.2.4 In order to promote the conservation of heritage resources, the City shall, through the MHC, designate significant properties of cultural heritage value or interest as permitted under Parts IV or V of the Ontario IIeritage Act. 3.2.5 In consultation with the MHC, built heritage resources within the municipality shall be assessed by use of studies, surveys or other methods. The following criteria shall be considered when identifying, studying, assessing or conserving properties of cultural heritage value. 3.2.5.1 The property represents a rare, unique, or early example of a style, type, expression, material or construction method. 2 3.2.5.2 Built resources or design of the property displays exceptional craftsmanship or artistic merit. 3.2.5.3 Elements of the property demonstrate a high degree of technical or scientific achievement. 3.2.5.4 The property is significant to the community because of direct associations to a theme, event, belief, person, activity, organization or institution. 3.2.5.5 The property contributes to the understanding of a community or culture. 3.2.5.6 The property demonstrates /reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to the community. 3.2.5.7 The property is important in defining, maintaining or supporting the character of an area. 3.2.5.8 The property is physically, functionally, visually or historically linked to its surroundings. 3.2.5.9 The property is a landmark. 3.2.6 In consultation with the MHC the following criteria shall be considered when identifying, studying, assessing or conserving heritage districts. 3.2.6.1 The majority of properties represents a rare, unique, or early example of a style, type, expression, material or construction method; display exceptional craftsmanship or artistic merit; or demonstrate a high degree of technical or scientific achievement. 3.2.6.2 The majority of properties have a direct association to a theme, event, belief, person, activity organization or institution that is significant to the community or contributes to the understanding of a community or culture. 3.2.6.3 The majority of the properties demonstrate or reflect the work or ideas of an architect, artist, builder, designer or theorist who is significant to the community. 3.2.6.4 The district consists of a homogeneous collection of properties that are important in defining, maintaining or support the character of an area; are physically, functionally, visually or historically linked to their surroundings; or form a landmark. 3 3.2.7 The Council shall undertake a study of any area of the municipality being considered as a Heritage Conservation District. Council may pass a by- law to designate a specified area as a heritage conservation study area for a period of up to one year. Through the designation by -law, Council may prohibit or limit the alteration of property or the erection or demolition of buildings within the designated study area. 3.2.8 A Heritage Conservation District Study shall be based on the criteria contained in Policy 3.2.6 and any applicable Provincial Guidelines and will: a) outline the geographic boundaries of the area to be designated; b) provide recommendations on the objectives of the designation and what is to be contained in a Heritage Conservation District Plan; c) make recommendations regarding required changes to the City's Official Plan or Zoning By -law; and d) be adopted by a By -law that will also adopt a heritage conservation district plan in accordance with the provisions of the Ontario Heritage Act. 3.2.9 In consultation with the MHC, the following criteria shall be considered when identifying, studying and assessing cultural heritage landscapes. 3.2.9.1 The landscape represents a rare, unique or early example of a style, type, expression, material or construction method. 3.2.9.2 The landscape contains excellent craftsmanship or artistic merit. 3.2.9.3 The landscape is representative of a high degree of technical or scientific achievement. 3.2.9.4 The landscape has associations to a theme, event, belief, person, activity, organization or institution that is significant to the community. 3.2.9.5 The landscape contains elements that contribute to the understanding of a community or culture. 3.2.9.6 The landscape demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to the community. 3.2.9.7 The landscape is important in defining, maintaining or supporting the character of an area. 3.2.9.8 The landscape is physically, functionally, visually or historically linked to its surroundings. 4 3.2.9.9 The landscape is considered a landmark of the City. 3.2.10 The City recognizes that there are many archaeological sites containing artifacts or other physical evidence of past human use or activities throughout the municipality. Every effort will be taken to ensure archaeological resources are protected in situ. No work shall be carried out on any property which has identified archaeological resources or has archaeological potential without first conducting archaeological fieldwork and submitting a report, both undertaken by a licensed archaeologist. Any fieldwork and investigation shall adhere to Provincial guidelines and requirements. The archaeological report shall be prepared to the satisfaction of the Ministry of Culture or its designate to address, among other things: site findings, analysis of findings, a statement of heritage value, any further assessment needed, methods of protecting archaeological sites /artefacts (buffer areas, landscaping, avoidance strategy) and a construction monitoring schedule. 3.2.11 The City shall refer to the Niagara Falls Heritage Master Plan and the Region of Niagara to identify sites having potential for archaeological resources. Where potential archaeological resources have been identified, the submission of an archaeological assessment shall be required as part of complete planning application as prescribed under the Planning Act. 3.2.12 Where an archaeological assessment has identified that an archaeological resource should remain on site to preserve its cultural heritage significance, Council may, upon consultation with the MHC, support designation of the site as provided for under Part VI of the Ontario Heritage Act. 3.2.13 In order to assist in the preservation and conservation of heritage resources, the City may develop Plans and Guidelines such as, but not limited to, Heritage Impact Assessment Guidelines, Landscape Guidelines, Urban Design Guidelines or an Archaeological Master Plan, that will be used to further define, identify and evaluate properties of cultural heritage value or interest as well as outline the appropriate methods of protection including designation under the Ontario Heritage Act. Where such documents have been adopted by Council they shall be used as a guideline for future development on heritage properties and lands adjacent to them. 3.2.14 Council may utilize other measures to pursue heritage preservation such as, but not limited to, the following: a) a special policy provision or heritage overlay designation b) site specific zoning or area zoning to regulate building setbacks, massing, height and density; c) area design guidelines; d) transfer of development rights through the use of heritage easements and agreements; e) 0 g) h) 3.2.19.1 5 site plan control; public education initiatives and publications; Community Improvement Plans; or conservation plans which may be required as a condition of development approval together with financial securities such as a letter of credit 3.2.15 In consultation with the MHC, the City shall develop provisions to protect, conserve and maintain heritage resources through the City's property standards by -law. 3.2.16 In consultation with the MHC, the City may regulate demolition alterations, additions, maintenance and repairs to designated properties of cultural heritage value or interest. Property owners shall be required to make application and receive permission from the City Council or designate prior to commencing any such work. 3.2.17 The City shall foster creative and functional uses of heritage resources in the economic and social life of the community. Encouragement shall be given to appropriate types of development or uses which propose to incorporate a building or group of buildings with historic or architectural value. At the local level incentives, bonuses or exceptions to development requirements may be considered for those proposals which incorporate heritage conservation properties in development or redevelopment projects. 3.2.18 The City encourages the utilization of senior government programs related to heritage resource preservation and improvement. The City shall investigate and where desirable, take advantage of financial assistance and other programs to preserve heritage resources. 3.2.19 Development adjacent to and surrounding significant heritage properties shall be designed as to not adversely impact on the character, quality or amenity associated with the heritage resource. In consultation with the MHC, the City may require a proponent of development to submit a heritage impact assessment to determine the impact of a specific development proposal on any heritage resource or area of archaeological potential and to recommend the most appropriate method of conservation through mitigative measures or alternative development. 3.2.19.2 The City shall consider the impact of public works activities on heritage properties or districts and design such necessary work to mitigate the effects on heritage resources as outlined in a heritage impact assessment. 2. OTHER CHANGES 6 3.2.20 When considering an amendment to this Plan or through a zoning by -law amendment application within an area identified by the City as a cultural heritage landscape, the proponent shall address the following as part of a heritage impact assessment to be submitted with the application: a) the significance of the place and its contribution to the City's heritage; b) the impact of the proposal on the significance of the place; and c) the alternatives to the development as proposed and how development impacts will be minimized and /or mitigated. 3.2.21 City -owned heritage properties and buildings shall be conserved, maintained and, where possible, restored in accordance with the policies of this Plan. In addition, the City and other public agencies may acquire heritage property on a selective basis, where preservation under private ownership is not feasible, and when appropriate. 3.2.22 In recognition of the ongoing evolution of heritage, the City shall continue to study areas of cultural heritage interest to understand the history of place and for possible recognition as a significant heritage resource. Areas identified for possible future studies are listed in Appendix VI." a) PART 5, APPENDIX 1 DEFINITIONS is hereby amended by adding the following: "1.7.1 "Conservation" in reference to properties of cultural heritage value or interest, is the retention of the significance of a place by ensuring that significant elements are not destroyed or removed." "1.7.2 "Conservation Plan" a document prepared by a qualified person(s) that details how the heritage values, attributes and integrity of a cultural heritage resource can be retained through descriptions of repairs, stabilization and preservation activities as well as long term conservation, monitoring and maintenance measures." "1.15.1 "Heritage Impact Assessment" a study prepared by a qualified person(s) to determine if a specific development proposal will impact on any heritage resource or areas of archaeological potential. The study shall demonstrate how the cultural heritage resource will be conserved in context of the development and make recommendations on mitigative or avoidance measures, including alternative development approaches." "1.24.1 "Property" for the purposes of Section 3.2 means real property and includes all buildings and structures thereon, as defined in the Ontario Heritage Act." 7 "1.28.1 "Significant Heritage Properties" sites with cultural heritage value or interest that are designated under the Ontario Heritage Act or otherwise listed on the City's Heritage Inventory." b) PART 5, APPENDICES is hereby amended by adding an Appendix VI as follows: "PART 5 APPENDIX VI FUTURE CULTURAL HERITAGE STUDY AREAS* Stamford Elgin Clifton Drummondville Village of Chippawa Lundy's Lane Battlefield (municipally owned sites plus related publicly -owned properties) Lundy's Lane /Ferry Street (from Beechwood Road to Victoria Avenue) Portage Road (from Chippawa to the Hydro Reservoir) First Welland Canal /Welland River (both sides of the river within the current municipal boundary) Power Canal Willoughby Marsh/Ussher's Creek Niagara parkway: Zimmerman Estate; Niagara Glen; Victoria Park/Oak Hall; Navy Island; Chippawa Battlefield *from the Niagara Falls Heritage Master Plan." THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2007- 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 items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Cherrywood Road Doreen Drive Northbound on Doreen Drive Cherrywood Road Elmwood Avenue Southbound on Elmwood Avenue Cherrywood Road Maplewood Avenue Southbound on Maplewood Avenue -2- This By -law shall come into force when the appropriate signs are installed. Passed this twenty sixth day of November, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: November 26, 2007 Second Reading: November 26, 2007 Third Reading: November 26, 2007 By -law No. 2007 A by -law to establish Part 2 on Reference Plan 59R -13486 as a public highway, to be known as and to form part of McLeod Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Township Lot 180, Stamford, being Part 2 on Reference Plan 59R 13486, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 2 on Reference Plan 59R -13486 is hereby established as a public highway, be known as and form part of McLeod Road. Passed this twenty -sixth day of November, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 26, 2007. November 26, 2007. November 26, 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 "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedule "D4" and Schedule "D4" attached hereto shall be inserted in lieu thereof. Passed this twenty -sixth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 26, 2007. November 26, 2007. November 26, 2007. CITY OF NIAGARA FALLS 1 Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desormeaux Bob DiGiolamo Larry Downing John Formica Hanya Goforth Brian Green Steve Hamilton Kevin Howe Les Jarvis Norm Leonard David Lewis Jason MacLean John MacLeod Rob McDonald Edward Allan McDonnell John McPherson Shawna McSporran Kerri Michaud Chris Nave Al Poisson Jim Reggler Stewart Rodgers Chris Russell David Smith Gary Statchura Jana Vermeulen Sue Wheeler Brenda Wylie SCHEDULE "C" SCHEDULE "D4" HOCO LIMITED 1. Parking By -law Enforcement Officers on private property: Keith Bennett Tyler Berketa Mike Bourdon Tom Brittian Blair Cottage Bryan Kennedy Dean Murray Mike Van Maarren Jason White Jason Young 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 26 day of November, 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 12' day of November, 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. Passed this twenty -sixth day of November, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 26, 2007. November 26, 2007. November 26, 2007.