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2008/04/28 EIGHTH MEETING Monday, April 28, 2008 4:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the April 14, 2008 Community Services Minutes. 2) REPORTS: STAFF CONTACT: a) Presentation: (Approx. 30 min) Chris Prentice - IB.I Group Transit Business Plan Karl Dren b) TS-2008-31 Niagara Falls -Fort Erie Inter-Municipal Transit Service Karl Dren c) PD-2008-32 Site Plan ,Approval Process Alex Herlovitch 3) NEW BUSINESS: 4) ADJOURNMENT: 1) Approval of the April 14, 2008 Corporate Services Minutes. 2) REPORTS: a) Memo to Committee 357 Appeals - 8675 Montrose Road b) CD-2008-05 Lundy's Lane Request re: Kiwanis Bench Program c) CD-2008-06 Request of Waiver of Fees for Springlicious 3) NEW BUSINESS: 4) ADJOURNMENT: STAFF CONTACT: Todd Harrison Dean lorfida Dean lorfida a) Resolution to go into Closed Meetina. MINUTES OF CORPORATE SERVICES COMMITTEE MEETING MONDAY, April 14, 2008, CITY HALL, ROOM 2 AT 4:50 P.M. PRESENT: Chair-Councillor Victor Pietrangelo ,Mayor Ted Salci, Councillors: Jim Diodati, Vince Kerrio, Carolynn loannoni, Bart Maves, Wayne Thomson, Janice Wing and Shirley Fisher. ABSENT: STAFF: John MacDonald, Ed Dujlovic, Ken Burden, Ken Beaman, Denyse Morrissey, Lee Smith, Dean lorfida, Serge Felicetti, Alex Herlovitch, Todd Harrison, Marianne Tikky- Steno. GUEST: Mr. Michael Loudon -Consultant Water & Sewer Rate Study Mr. John Bache - 134 Church Street, St. Catharines Ms. Gene Grandoni -Niagara Falls. PRESS: Corey Larocque, Niagara Falls Review, Rob Lapensee, Niagara This Week MINUTES It was ORDERED on the motion of Mayor Salci and seconded by Councillor Maves, that the February 25, 2008 minutes be approved. Motion: Carried. Action: Recommendation submitted to Council 2008/04/14. REPORTS a) CPS-2008-17 Water & Sewer Rate Structure Review It was ORDERED on the motion of CouncillorThomson and seconded by Councillor loannoni that; 1. Mr. R.M. Loudon return to Committee with a prepared list of definitive recommendations. 2. That the Loudon report be deferred to allow Mr. Bieloawski time to review and prepare a response for Committee. Motion: Carried. Action: Recommendation submitted to Council 2008/04/14. NEW BUSINESS a) It was ORDERED on the motion of Councillor loannoni and seconded by Councillor Fisher that the 2008 Budget request from the Niagara Falls Public Library plus an additional $25,000 be included in the 2008 Operating Budget. -2- Motion: Carried. Action: Recommendation submitted to Council 2008/04/14. ADJOURNMENT It was ORDERED on the motion of Councillor Maves and seconded by Councillor Diodati that the regular meeting of the Corporate Services Committee be adjourned at 6:10 p.m. and Committee move to an In-Camera Session. Motion: Carried Corporate Services Finance Division Inter-Department Memorandum 1'~iagara~Rl.IS [~ANAUst TO: Councillor Victor Pietrangelo DATE: April 28, 2008 & Members of the Corporate Services Committee FROM: Todd Harrison Director of Finance RE: 357 Appeals - 8675 Montrose Road This memo is being provided as back ground on the process undertaken by Finance staff as it relates to these types of assessment appeals and the specifics relating to the appeal for 8675 Montrose Road. A s.357 appeals allow property owners to appeal the assessment on their properties for very specific reasons. This section is used to appeal for situations wherein a property becomes vacant, there is a change in use of the property, the property becomes exempt, the property is damaged by fire or another event, the property owner has extreme poverty, an error made in the assessment calculation or in circumstances wherein repairs are made that inhibit normal use for a period of time greater than 90 days. The appeal application is completed by the owner or City staff on their behalf and is sent to MPAC for a recommendation. MPAC evaluates the information and makes a recommendation to the City. Two recommendations from MPAC are possible: 1) no recommendation i.e. no change in assessment is warranted or 2) a change is recommended to be made to the assessment Staff assemble the recommendations made by MPAC staff for Council's approval. Once the report is approved the changes are made to the assessment and the tax account is amended accordingly. All property owners are notified prior to Council's consideration of MPAC's recommendation. Again, once approval of the report is made by Council, the property owner is notified prior to changes being made to the tax account. In most cases whereby a property owners receives a change in assessment, no further action steps are undertaken. However, for property owners that do not receive assessment relief additional options remain. Specifically, an additional appeal to the Assessment Review Board (ARB) is available to the property owner once the Council has considered the matter. The owner has 35 days from the date of notification to launch an appeal. The ARB will then schedule a hearing to review the 357 application. Once the ARB makes a ruling, the matter is finalized and not further recourse is available to the property owner. In the case of 8675 Montrose Road the recommendation that came back from MPAC was no recommendation. As a result no adjustment to the assessment is recommended. The owner was notified of this fact and contacted the City Clerk's office so as to request an opportunity to speak to Council. The report requesting Council's approval will be forthcoming on May 12'", 2008 Staff advise that it would be extremely unusual for Council to alter MPAC's recommendation and advise that Council should wait until the owner has completed all of the options available to him underthe Assessment act. Staff, therefore advise that on May 12`", Council approve MPAC's recommendation. Once the forthcoming report is endorsed by Council, the owner will have the opportunity to appeal to the ARB for a hearing at a future date. Finally, staff advise that MPAC are the ones entrusted by the Province to be the experts in assessment matters and that the processes outlined in both the Assessment Act and the Municipal Act are there to ensure that all property owners are treated in a similar and equitable fashion. RECOMMENDATION: That Committee direct Council to approve MPAC's recommendation of no adjustment to the assessment for 8675 Montrose Road; and That the property owner be directed to appeal to the Assessment Review Board. APPLICATION FOR CANCELLATION, 11EOUCTION OR REFUND OF TAXES (Pureuam to Seetlon 388 and 367 (7) (a), (bh (o), (d), (e), and (g) of tM Municipal Acq Munkipalky CITY OF NIAGARA FALLS Assessment Region NIAGARA 1 hereby apply for the eaneegatien, raductlon a refund at taxes as set our below and oertlty that ate Regbnal Assessment Commiseloner has vaned that the IMormeBon rnrltakled in this appitratton is In acmmance wNh herthia recrords. App . Noma and A rasa o App cam axa8o Reason r pp on Y u 'on 2008-448 1880885 Ontarb Limked, 7695 Bleckbum Pky Niagara Falls ON L2H OAB ear Amaum , 2007.1st Falivena, Durda a Frank 5750 Dorchester Rd Unk 3 Nla are Falls ON LSE 7H2 2007 Ceasetl to be liabb to be taxed at rate it was fixed 50,00 , , , 2007-153 518079 Ontario Limltetl, Mo Sam Biel'icti, 8875 Montrose Rd, RR 2, Nia re Falls ON L2E 8S3 2007 Dama ad fns, dernoNtlon or omerwlse 2007 R $1211. 4 , 2007-178 Fon ,Danny 8 Jens , 37x8 Main SL Nla ar4 Falls ON L2G 882 e airslrenovatlons van6n normal use fora dod of 3 months $0,00 , 2007-117 Hans Floral Ltd, Mo Hana, Joon Sen , 3797 Main St, Nia era Falls, ON L2G 884 21107 Dama b fire, tlemolklon or otherwise 2007 $0.00 2007-1178 Hans Floral Ltd, r/o Hans Jaon Sa , 3797 Main St, N are Falls, ON !2G 684 Became exam 2006 8ecama e 50.00 2007-717A Hana Foral Ltd tlo Hans, Joon San , 3797 Mein St, N era Falls ON L2G 8B4 xam t 2005 $0,00 , 2008-83 Sullivan, Kevin Paul, 388r1 Britlgeweter SL Niagara Falls ON L2G 6H5 Became exempt 50.00 , 2007-119 SamerviNe, Robes a Loretta, 3677 Welland St, Nla are FaNs, ON 12G BJS 2006 Damaged fire, demdkion or oNerwiee 2007 D $7,024.37 2007-120 Anderson, Oanell 8 Karen, 8778 Chem lain Or Nia an Fells ON L2G BYB ama ed b fire, demdkkn or otherwise $833.09 , , 2007-154 Olt, Micheal Roy & Wendy, 4048 Montcalm Cres, Niagara FaNs ON L2G 6L8 2007 Dama ad Tire, demdklon or otherwise $61.53 , 2007-755 coax, Albert, 4248 Front SL NIa re Falls ON L2G BG8 2007 Dama ed by fire, damditlon or otherwise 544 38 , 2007-750 Kemb, Vincent Anthon 8. Ca Jo ce, 52171 Nia era River Pky, Niagara Falls ON L2E 6S6 2007 Dam fire, demdkpn a omenvise 2007 Dam ed b gre d dkl 19b.80 2007-121 RocrosaMO, Nick d AManietta, 420 Me le Leef Dr, Toronto, ON M6L 1 P7 , em on or otherwise 2007 C S4~ 98 2007-157 Kent, Vinoant Anthon & Cathy Jo ce, 12171 Niagara River Pky N are Falls ON L2E BS8 eased to be liable to be taxed at rate k was faxed $0.00 , , 2008.41 Commissedat Shahrem, 355o Welnbrenner Rd, NIa era Falls, ON L2G 7Y4 2007 Damaged gre, demditon or otherwiso $273.64 2008.478 CommissarleL Shahrem, 3550 Weinbrenner Rtl, Nia era Falls ON LZG 7Y4 2007 Gross or manifest clerical error $3,148.571 , 2007-158 1862778 Ongdo Inc, Akua Derbyahlre, 17075 Leslie 5t Unk 7, Newmarket, ON L3V BE1 2008 Gross or manifest derkal error 2007 D $778.53 2007-159 Jaudrey. MICIteNe a Jagery Wada 5677 Rebdn rx Rd, Nta era Fails ON L2E 6S8 ama etl by tke, demoition or otherwise $39,48 , 2D07-72 I ribe0l, Gluaeppe & Odlnea, 6818 Cumberland Ct Niagara Falls ON L2H 2R6 2007 Dama ed b fire demdklon or otherwise $D.~ , , 2007-787 D'Amlw, Chrfst her & Paul, 7022 Coach Dr, N4a era Falls ON L2O 2J7 2007 Dam ed b fire, demolkion or oMenvise 2007 O fi $1,48a,03 2007-180 Vyatchom, William Han & Loma Mae, 8185 8assen Rd, RR 3, Port Robinson ON LOS 1K0 ama re, demolWon or otherwise 5263.74 , 2007 Demeged by Nre, demolition or otherwlx $147.79 Total $128187.90 ._~ .,.+ .+.,, u.r ur npm, zuua Report Na. F-2008+16 TED SALCI, MAYOR DEAN IORFlDA, CITY CLERK [•Any indWldual items not approved must be struck out and initieled.j ~~ Page 3 44/03/2448 11;26 FAX 9053539847 SAMS MaNTR4SE 1~J441 dean Iarfida City ofNiagara Fails 4310 Queen Street 1'_Q.$ox 1023 Niagara Falls, On. Canada 905 3St5 7521 Dear Mr. Iozfida We would likc to request to be added an to the agenda, for Monday night cauneii, April 14, 2008 in regards to the tax relief that we are seeking due to the 11~ontrase road closure in 2007. Mr. Haskins an,d Mr.Ungaro will be speaking and producing the papers showing the lass in revenue that we endured while ~e road was closed. There has been other businesses that bas received tax relief for road canstructipn, Niagara ,Auto Truck and Basil's Restaurant. Sincerely, Sinxo Bielich Sam's I~Iontrose 867511~antrose Rd Niagara Falls, On L2E GSS 905 374 4544 r~~~~~~alls cA`r~®~ April 10, 2008 Mr. Simo Belich Sam's Montrose .8675 Montrose Road Niagara Falls, ON L2E 65S VIA FAX ONLY: 905-353-9847 Dear Mr. ~elic ~~~~© My apologies, I have not had an opportunity to get back to you sooner. I received your request after our April 14`" agenda had been set; therefore, I will be scheduling the matter for Apri128`" if that is acceptable to you and your representatives. Scheduling the matter later in the month will allow staff to gather the appropriate background information for Council to make an informed. decision. Thank you for your patience. I will confirm a more specific time for April 28`", as the date gets closer. If you have any questions or concerns, feel free to contact me. Sincerely, ~~ Dean Iorfida City Clerk c. Ken Burden, Executive Director. of Corporate Services Todd Harrison, Director of Finance .' ~: Corporate Services Department Clerks ~~OF/Cl/Zg 7'OgPtl18Y' l0 SerVS Our Community Ext 4271 Fax 905-356-9083 diorfida@niagarafalls.ca _, r? r.~ . .. zr. _ i, , ~~ April 28, 2008 CD-2008-05 Councillor Victor Pietran elo ~~~~ ~~~~. ells g e ~C~NADA and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: CD-2008-05 Lundy's Lane Request re: Kiwanis Bench Program RECOMMENDATION: That the tripartite agreement between the City, the Regional Municipality of Niagara and the Kiwanis Club of Stamford Ontario Limited (the "Kiwanis°) continue; and That in the event that Council determines that it is appropriate to proceed as requested by the Lundy's Lane Business Improvement Area that the Agreement not be renewed after May 31, 2.010. BACKGROUND: The Lundy's Lane Business Improvement Area (BIA) sent the attached letter requesting the .following: That the City proceeds with the appropriate actions to inform the advertising bench owners (the Kiwanis) that their ongoing agreement to locate benches in this area based on Lundy's Lane BIA revitalization plans is no .longer supported or approved by the BIA and at an end the BIA's expectation is that the Kiwanis will immediately begin phasing out the benches and complete the removal within 90 days. This time frame will allow for the Lundy's Lane BIA, purchased and approved, benches to be installed. There has been much history on this file. A quick and simplified recent history (a~ of 2005) is as follows: - May 2005, Staff brings forward a report on the Kiwanis Bus Bench Program, which includes as part of the recommendations, that future .bench .installations only are approved if supported by the particular BIA in which the benches will be located.. Council approves the report. - In 2006, before the tripartite .agreement is actually signed, the Lundy's Lane BIA voices opposition to the Kiwanis- benches asking for their removal. -The BIA feels that the benches are not in :keeping with their Streetscape Masterplan, from an aesthetic perspective, and oppose the benches advertising businesses outside their BIA. - Staff .prepares a couple of reports on the issue. Representations are made by both the -BIA and Kiwanis. ~t,e attached minutes succinctly outline the pQS~tio~s_of_ the two___ ________ organizations _ ~~ ` r wOPkl/2g TOg'8tf1BP t0 SBi'VB ~llP COmmul2lfy Corporate SC erkss Departm-nt April 28, 2008 - 2 - CD-2008-05 Attempts to further mediate a compromise between the two groups were unsuccessful. Council did not reconsider or reverse their 2005 approval to enter into the agreement,-which was executed. The issue appeared dormant until the recent letter from the Lundy's Lane BIA asking for removal of the benches. Lundy's Lane BIA The BIA's position has- been that the benches are aesthetically unappealing. They have proposed a bench similar to the ones currently found in the Fallsview BIA area. The new style benches are more in keeping with the beautification plans the BIA has had in place for some time, have budgeted for, yet have been unable to implement because of the presence of the Kiwanis benches. Despite offers to minimize the advertising space on each bench and to stop advertising from outside of the Lundy's Lane BIA, the BIA's position appears to be no advertising on the benches. It should be noted that the consultant's on the proposed sign by-law stated the following regarding bench signs (cf. MW-2007-79): "Under the existing sign by-law, bench signs are restricted to private property and only allowed in commercial, tourist commercial and industrial zoned areas. It is proposed that they be prohibited, as they do not improve the aesthetics of the streetscape. Existing bench signs will be grandfathered in. As well, there are few suitable locations for new bench signs." Kiwanis The Bus Bench Program provides the Kiwanis with a regular source of monies which are then contributed back in the community to various worthy endeavours. The program brings in approximately $70,000 per year, of which one third is generated by advertising in the well-traveled Lundy's Lane BIA area. Comparably, almost a third of the overall number of benches in the program are located in the BIA area. If the benches in the BIA area to be removed, as per the request, it would be difficult for the Kiwanis to maintain the same number of benches, in total, in the community. The location of such benches should meet some set of warrants (i.e., they should only be located at Transit stops that have high visibility and appropriate ridership). The removal of approximatelythirty benches will undoubtedly reduce advertising monies received by the organization. Presumably, the Kiwanis has entered into agreements with advertisers for the lifetime of the current agreement. It may not be fair for the municipality to ask for removal if advertisers have been promised space until the expiration of the contract. Finally, the Kiwanis have slowly begun to change over the old-style benches to the proposed new style. To date, five (5) benches have been changed. Staff have expected a change over of fifteen (15) benches a year. April 28, 2008 - 3 - CD-200$-05 colvc~~usloly; The positions of these two signifcant groups in our community have been frmly entrenched. Past attempts at compromise have been fruitless and attempting again appears to be futile. Staff sees pros and cons with the arguments from both sides. One of the roles of a business improvement area is beautification. Nonetheless, the Kiwanis Bus Bench program has been in place for over twenty years and that organization had some assurance to believe that the existing contract would be seen through to, at least, its termination date. The current agreement does have language that allows removal of the benches if new streetscaping, as contemplated by the Lundy's Lane BIA, was to occur. The Kiwanis could argue that fairness should dictate and thatthe agreement be fulfilled for its intended length (until May 31,.2010), especially since advertising contracts have been entered into. Committee should be reminded that the agreement is actually between three parties. Ultimately, .the road authority on Lundy's Lane is the Regional Municipality of Niagara. Although the Region usually defers to the local wishes, they would ultimately have. to consent to any changes. Although staff clearly appreciates the BIA's desire to beautify their area, it seems to be unproductive to revisit this issue once again, in light of the approved agreement. It is staff's opinion that it would be appropriate to allow the contract to be fulfilled until its intended expirafion (May 31, 2010) and that upon the agreement's conclusion the Kiwanis benches are to be removed from the Lundy's Lane BIA area. With two years left in the agreement, it is hoped that the Kiwanis will .have enough notice to find alternate sources of revenue by 2010, although charities and service groups should never be dependent on a certain source of revenue. Recommended by: Approved by: Respectfully submitted: v ~,r~ ~ /~ Dean lorfida, City, lerk K. E. Burden, Executive Director of Corporate Services ~~~ MacDonald., Chief AdmirSistrative Officer Lundy's Lane Buse~~~~~"~'~~ment Area ~BfA} P.O. Box 2fi008, Lundy's Lane R.P.O., Niagara Falls, ON L2G 7X2 www.LundvsLane.cam Tel: 905-374-6582 E-mail: victor@niagara.com March 19"', 2008 Dean lorfida, City Clerk Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Advertising Benches Dear Mr. lorfida: Like so many other BIA's within the city limits of Niagara Falls, the Lundy's Lane BIA is actively pursuing its revitalization plans. Not dissimilar to Fallsview, Clifton Hili,Vlctoria-Centre, Chippawa, Downtown and the Main & Ferry BIA. There are a variety of studies and official plans related to revitalization that demonstrate the opinion of bench advertising as a farm of visual pollution. Systematically our BIA will be dealing with more of these intrusions but we have identified and are beginning with the advertising benches in our area. Therefore, the existing advertising benches (both old and new) are no longer compatible with our revitalization goals within our provincially recognized Lundy's Lane BIA boundaries. It has come to our attention that the recammendationsconlained in Report MW-2005-73 Kiwanis bus Bench Program Update were adopted in committee and ratified by City Council on 20 May 2005. Recommendation 2 of said report stipulated that "due to the streetscaping requirements in the BIA/Tourist areas, future installation of benches located inside the BIA/Tourist areas will only be installed if supported by the particular BIA/Tourist area." By a unanimous Lundy's Lane BIA Board decision held an March 4`", 2008 authorization and direction has be given for the fallowing request of the City of Niagara Fails through your office: Please proceed with the appropriate actions to inform the advertising bench owners that their ongoing agreement to locate benches in this area based an Lundy's Lane BIA revitalization plans is no longer supported or approved by the BIA and at an end. Our expectation is that they will immediately begin phasing out the benches and complete the removal within 90 days. This timeframe will allow for the Lundy's Lane BIA purchased and approved benches to be installed. Thank you far the procedural process an this matter. Respectfully, ~~~~r Victor F raiuolo Genera! Manager Community Services Department • Municipal Works The City of 4310 Quern Street Niagara ~a1ls P•O. Box 1023 Canad~ Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905} 356-7521 Fax: (905} 356-2354 E-mail: etiujlovic@city.niagarafaiis.on.ca May 30, 2005 Alderman Selina Volpatti, Chairperson and Members of the Community Services Cammittee City of Niagara Falls, Qntario Members Re: t~'I~-2005-73 ~iyv.anis Bus Bench .Program XJp~date RECC?1~1M]ENDATION; It is recommended that: MW-20x5.73 Ed Dujtovic Director The recommendation(s) contained in this report were adopted in committee and ratified by City Council 1) Council consider the retluest to for the City to install four (4) new concrete parts in 2005, at a cost of SG,Ofl0.00; 2} due to the streetscaping requirements in the BL~/Tourist areas, future installation of benches located irside the BI,~/Tourist areas, will only be installed, if supported by the particular BI1-/Tourist Area; 3} the Kiwanis group provide the City with alive-year plan for changing out the existing benches yvith the netiv style benches; L ~} the Regional Municipality of Niagara and the Kiwanis Club oFStamford Ontario Limited enter into a S-year (with five year renewal option} tri-party .agreement tivith the City for the placement of the newly designed and approved advertising benches along Regional and City road allowances in the City of Niagara Falls, and; S) the Mayor and Clerk be a+.ithorized to execute the said agreement. BACKGR©UND; ,~ tri-party agreement for the Kitivanis Bus Bench Advertising Program between the City, Region of Niagara and ICiwanis has been in place since 1997. This program has allowed the Kitivanis Group to place benches at various bus stops throughout the City on municipal and Regional road allowances, These benches are placed in approved locations anti provide advertising revenue to the Kiwanis Group. ~Yarking Together to Serve Oztr Gomnturzity tUluricipal 4yorks •,~ira Servicas • Parks, Recreation & Cuifur2 ~ Busiress Development • Building & By-Lana Services May 30, 200 - 2 - MW-2005-73 The City has assisted in the past by way of tivai ving fees to place the benches, and by also providing up to $10,000.00 per year in poured concrete pads for those benches requiring bases. The Kiwanis Group provided 10 free advertising benches to the City to help offset these costs. Staff has indicated that there is no need to advertise on the benches, however, it is suggested that the City still waive the fees For processing and technical commenting on the placement ofthe benches, but not bear the cost for the installation of the concrete pads. The Community Services Committee at its meeting of January 31, 2005, deferred the matter of the KibvanlS Bench progrram, until such time that the Kiwanis group could provide the number of bench locations requiring the construction of concrete pads, for 2005 (potential locations attached). Furthermore, there were questions concerning tivhat activities that the kiwanis group participated in (background attached). Should Council consider funding the installation of the concrete pad;, then, a revietiv of the City's cost to construct the concrete pads indicates that it would cost approximatzly $1,504.04 per pad, therefore, if approved, the cost to install four pads would be approximately $6,000.00. It should be noted that it has been recommended in the Sign By-law Revietiv Study that the nely si,n by-law prohibits signs on benches. y The Committee's concurrence Zvi th the recommendation outlined in this report would be appreciated. Prepared by: I~.arl Dr~n, C.E.T. t~lanager of Traftic ~c Parking Services espectfiiliy submitted: ~~ ~ John PvtacDonald ChiefAdminiatrative 4fiicer ~~,p//////p~~~~~1ro vedby- ' J Ed Dujlovic, P.Eng. Director of tvlunicipa! tiVork attach. S.iT~S}7'?S t.Wl.l~minetratninlTPS I IH, R~purts'._Wli C~uMmnily S.~rvic~,l~luy .Slil1~11V .WS-i3 - Kiwuniv Bus Bench Pruyryn l~pJniawp;l r ~~ 4: ~. ~: '~ I~iwanis Club of Stamford Inc. "WE BUILD" May 9, 2005 Memorandum to: Mayor Ted Sala City of Niagara Faits Niagara Fans City Council Members Re: Request to instal concrete cads at iGrvanis Bus Bendier P.Q. Box 784 Niagara Falls, Canada L2E 6V6 The Kiwanis Club of Stamford. Bus Bench Adverbsing Committee would Bice to propose that the f~towing bus bench locations receive concrete pads this summer. 1. McLeod Rd. (south side) in front ~ new McDonaids. 2. Mcleod Rd. {north side) in front of entrance to Miilenium Trait. 3. Dorchester Rd. (west side) south of Thorotd Stone Rd. ~. Dorrttester Rd. (west side} near Dolphin St_ If would be most appreciated by the IGwanis Ciub, and tl~e residents who use these benches, if the City could pour pads at these locations this summer. Please let us know whether the pads can be poured this year, and if so, when they would be done. Thank you very much for your consideration to this matter. Sincerely, ;;_ „ Ron Saks Chairman Bus Bench Committee iCiwanis Club of Stamford :~ ~ :• .\ Kiwanis Club of Stamford Inc. .: --,- ,~ a'' "11VE BUiLC}" Community Services Committee The City of Niagara Fails 4310 Queen Street, P.O. Box 1023 Niagara Fails, ON L2E 6XS ATTN: SELiNA VOLPAITI, Chairpersan Dear Members: RE: KIWAN;iS BUS BENCH PROGRAM P,O. Box 784 Niagara Falls, Canada LZE 6V6 The Kiwanis dub of Stamford have made presentations to the Committee for the renewal of our Bus Bench Contract on several occasions. A few questions that have been raised by Members of the Committee and we felt that we should write to summarize our position regarding the renewal of the Agreement. The original Agreement between the City of Niagara Falls and Stamford IGwanis -began in 198b. Since that time renewals of the Agreement have been done at their expiration. It has now been approximately three {3) years since our Agreement expired and we have been attempting to have it renewed. As you are aware it was held up for aver two {2) years with the Region and now they have given their blessing for the renewal. It is a large undertaking for the Kiwanis Gub of Stamford to convert the existing bus benches to the new design which we agree would be much mare aesthetically pleasing then the existing bus benches. It will take a number of years before all of our benches are converted to the new design. We are however willing to embark on this program immediately. The additional cost for these benches will ultimately mean that some of the money that we have been donating to the community will be used for upgrading these benches. As a result of the long term commitment that we are making we would like to have a five {5) year with a five year renewable option in our Agreement from the date when the City approves same. A number of years ago the City indicated t4 us that they would prefer to see the benches sitting on concrete pads rather than the ground and the City offered to spend up to $10,000.00 a year for these pads. The selection of the locations has been a combination between the City, Niagara Transit and the Kiwanis Club. It is our ~~ ->t understanding that at no time has the contribution from the City exceeded or even come close to the $10,000.00 per year. We agree with the City that the benches would be more pleasing to the eye if they were sittlng on concrete pads rather than on the ground or patio stone type installations. With the purchase of new benches it would be virtually impossible for us to also embark on a program of installing concrete pads in these areas as our expenses would then possibly exceed our revenue. At the time the City requested and proceeded to install the concrete pads, we offered to allow the use of ten (10) benches for advertising as we had surplus benches available aver and above those that had paid advertisers. As a good will gesture we are still willing to allow the City to advertise on 10 benches if the City will instaii pads up to a maximum cost of $10,000.00 per year. We have always worked with Niagara Transit and the City in setting up the locations far file bus benches and will continue working with them in this program. l:t appears that these are two (2) final steps in order to have our Agreement finalized and your consideration of these two points would be appreciated. A question was also raised at one of the recent meetings as to what happens to the funds earned by the Kiwanis Club and we would like to list some of the projects which we partiapate in, in the community: - GN G1i Emergency Department - $25,000.00 - Annual ~wanis Musical Festival - C~wn and operate over 104 non-profit housing units for low income families - Boys & Girls Club - Society for the Deaf - Big Brothers & Big Sisters - Youth Football Programs - Meals on Wheels - Student Scholarships - Environment & Student Support - Support of Key Club We trust that this information will be helpful in allowing you to come to a mutually agreeable decision. Yours Sincerely, ~~ ;J~~~ Ron Saks -14- May 30 , 2005 Council Minutes ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that the report be received and adopted, rri nanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the May 16, 2005 Community Services Committee mee#ing Minutes; 2. That the City of Niagara Falls continues to support and cooperate with Regional Niagara on the Niagara Water Quality Protection Strategy; 3. MW 2005-72 -Russell Associates Inc. Special Event Air Show land Use, Request to Waive Fees -That the request to waive the cost of the City will incur be denied and the temporary zoning by-law to accommodate overflow parking if required be approved; 4. MW 2005-71 -Brock Street, Parking Review- that the parking restrictions on Brock Street be approved; 5. MW 2005-73 -that the City enter into an agreement with Kiwanis Club for the Bus Bench Program; 6. MW 2003-75 -Main Street, Stanley Avenue to Murray Street -that staff contact Regional Niagara and expedite the installation of directional signage to the Lincoln Motor Inn; that a meeting be set between City staff and Regional representatives with Mr. Jovanovic regarding streetscape drawings and a letter be sent to Regional Council informing them of concerns raised by local business owners and residents regarding the Main Street closure; 7. MW 2005-66 -Storm Drainage Issues, Orchard Grove Extension Subdivision, 5715 Magnolia Drive (Gerald & Ingrid Turner) -that the report be deferred. Carried Unanimously RATIFICATION OF THE CORPORATE SERVICES COMMITTEE /ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangela, that the actions taken in Corporate Services Committee, earlier this evening be approved: 1. That Acting Mayor Vince Kerrio chair the Corporate Services Committee meeting in Alderman Campbell's absence; 2. Adoption of the Minutes of the March 7, 2005 Corporate Services Committee meeting; 3. That any City of Niagara Falls residential property owner, whose water/sewer account consumed and paid the sewer consumption charge during the June, 2000 to June 2003 period and, is not currently receiving a sewer consumption rebate, be eligible to apply to the City for aone-time $65.00 refund, until June 30, 2005; 4. That the reimbursable kilometrage rate payable to City employees who use their personal automobiles on City business, be established at $0.422 per kilometer, effective July 1, 2005; and that the reimbursable kilometrage rate continue to be reviewed on an annual basis; 5. That the deposit of $141,025.54 in the reserve fund for Workplace Safety and Insurance Board future obligations be approved; Community Services Department Municipal-Works Tf1e City Of 4310 Queen Street Niagara-Falls P.o. Box 1023 Canad~ Niagara Fails; ON L2E 6X5 web site: www.city.niagarafaiis.on.ca Tel.. (905) 356-7521 Fax: (905) 356-2354. E-mail:. edujlovic@niagarafaifs.ca July 10, 2006 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-81 Kawanis Bus Bench Program Lundy's Lane BIA Request for Removal RECOMMENDATION: It.is recommended that this report be received for information. BACKGROUND: MW-2006-81 Ed Dujlovic Director IS MATTER DEFERRED RY COURCIL A tri-party agreement for the Kiwanis Bus Bench AdvertisingProgram between the City, Region of Niagara and Kiwanis was approved by City Council for renewal for 5 years effective June 1, 2005. The agreement was executed by Kiwanis in April of 2006 signed by the City in May and sent. to the Region for signature. The city is a waiting a corrected insurance certificate. (The one delivered with the agreement was not in the City's required form). This. new agreement included the following criteria (included in the -May 30, 2005 Council Resolution) 1) The City to install four (4) new concrete pads in 2005, at a cost of $6,000.00; 2) Due tothe streetscapingrequirements inthe BIA/Tourist areas, future installation of benches located inside. the BIA/Tourist areas, will only be installed, if supported by the particular BIA/Tourist Area; 3) The Kiwanis group provide the City with afive-year plan for changing out the existing benches with the new style benches; On March 17, 2006, correspondence was received from the Lundy's Lane BIA requesting removal of the existing Kiwanis benches, in order to allow them to install new decorative benches, at their expense, in accordance with the Streetscape Master Plan. As a result, Staff sent correspondence to Working Together to Serve Our Community Municipal Works • dire Services • Parks; Recreation & Culture • Business Development • Building & ey-Law Services July 10, 2006 - 2 - MW-2006-81 the Kiwanis .group requesting the removal of all advertising benches. along Lundy' Lane. This ' prompted a meeting with representatives ofboth groups and Staff. The following key issues were discussed: 1) Removal of a1126 Kiwanis benches and replacement with new decorative benches, 2) The Lundy's Lane BIA sponsor events to raise fund to help offset the lost bench revenue,. 3) The Candy's Lane BIA directly donate funds to offset the lost bench revenue, . 4) Replacement of non Lundy's Lane bench advertising with Lundy's Lane businesses (17 of. the 26 benches advertise Clifton Hill), 5) A Phasing out program of advertising benches over the next 3 %a years. Following this meeting both parties agreed to discuss these and other options with their respective executives and meet again to discuss the matter further. Unfortunately, aftermuch deliberation, both parties agreed not to agree and no solution was reached. Based on the above Council Resolution "Due to the streetscaping requirements in the BIA/Tourist areas,, futtcre installation of benches .located inside the BIA/Tourist areas, will only be installed, if supported by the particular BIA/Tourist Area" it is clearly the intent of this statement, to address future installations of Kiwanis benches and not the existing locations. Therefore, the Lundy's Lane request for the removal of Kiwanis advertising benches can not be accommodated at this time. The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: espectfully submitted: ~. ,s% ~ ~, Karl Dren, C.E.T. ohn MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Work attach. S:1TPS\TP3 1.00 Afdminietra[ion\TPS x.06 Reports\2006 Co[mtumiry Savices\07 Juty 10\MW2006-81 • Kiwnnie Benc)tes-Lundyy BtA.wpd r ~- ~ ,~ ~ MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, Ju{y 90, 200fi, City Hall, Room 2 at 4:30 p.m. PRESENT: Chao -Selina Volpatti, Mayor Ted Salci, Alderman Jim Diodati„ Alderman Victor Pietrangelo, Alderman Vince Kerrio, ,Alderman Janice Wing. REGRETS: Alderman Carolynn Ioannoni., Alderman Wayne Campbell Alderman Joyce Morocco STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Denyse Morrissey, Pat Burke Ken Burden, Karl Dren,Dean Iorfida,Serge Felicetti,Marianne Tikky-Steno PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: Andrew Cserpes -Rainbow Motor hui, Tom Reynolds - A-1 Paving. MINUTES It was ORDERED on the motion of Mayor Salci and seconded by Alderman Wing, that the June 26, 2006 minutes be approved. Motion: Carried Action. Recommendation submitted to Council 2006-07-10 REPORTS a) MW-2006-82 -Directional Signage - Nlurray Street Update Report It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Pietrangelo that report MW-2006-82 be deferred and that staff investigate other sign options. Motion. Carried Action. Recommendation submitted to Counci12006-07-10 b) MW-2006-81- HIwanis Bench Progxam Lundy's Lane BIA Request for Removal It was ORDERED on the motion of Mayor Salci and seconded by Alderman Wing that report MW-2006-81 be deferred until such a time that the Kiwanis Group, Lundy's Lane BIA, the Mayor and staff can meet to discuss the matter further Motion. Carried Action. Recommendation submitted to Counci12006-07-I0. c) CD-2006-08 -Motorized Scooters It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Pietrangelo that staff work with the Disability Advisory Committee and other disabled individuals in the community to identify and rectify problem sidewalks and intersections. Motion. Carried Action. Recommendation submitted to Counci12006-07-10 d} iVIW-2006-83 -Proposed Garage Construction Over Sanitary Sewer 6058 Stevens Street (Mr. John Mussari) It was ORDERED on the motion of Mayor Salci and seconded by Alderman Kerrio that Council approve the construction of a new garage that encroaches on the existing sanitary sewer traversing private property at 6058 Stevens Street subject to the owner entering into a formal encroachment agreement with the City of Niagara Falls. Motion. Carried Action. Recommendation submitted to Counci12006-07-10 -2- c) MW-2006-95 -Ascot Circle Speed Review It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Diodati that; That a stop sign be installed facing westbound motorists on Rosedale Drive at the intersection of Rosedale Drive at Slater Avenue; and, 2. That a stop sign be installed facing eastbound motorists on Houck Drive at the intersection of Houck Drive at Slater Avenue. Motion: Carried Action: Recommendation submitted to Counci12006-08-21. d) MW-2006-86 -Woodbine Street - Kalar Road to Montrose Road Completion of Traffic Calming EA It was ORDERED on the motion of Mayor Salci and seconded by Alderman Wing that; 1. The document titles "Traffic Calming on Woodbine Street -Class Environmental Assessment" be adopted; and 2. The physical traffic calming devices as identified in the aforementioned report proceed to the design and construction stage. Motion: Carried Action: Recommendation submitted to Counci12006-08-21. e) MW-2006-81- Kiwanis Bus Bench Program Lundy's Lane BIA Request for Removal Mr. Brian McKeewn of Kiwanis advised Committee that; • $2.5 million annual is raised and returned to the community by Kiwanis. • Fund raisers include, Christmas Tree Sale, Niagara History Book, Bingo and the Bus Bench Program • The Bus Bench Program brings in $60,000 - $70,000 annually with $25,000 of that coming from the Lundy's Lane area. • New Bus Bench Program will include new decorative benches with a smaller adverstising panel. This program could be accelerated in the Lundy's Lane area to coincide with their streetScaping. • If Kiwanis is forced to remove the benches the monies they have collected from the three year contracts they have with advertisers would have to be refunded and Kiwanis has already disbursed these monies back into the community. f~ ~, Community Services Department Municipal Works The City of 4310 Queen Street Niagara Falls P.O. Box 1023 Canad~ Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca ~~~ Tel.: (905) 356-7521 Fax: (905) 356-2354 . E-mail: edujlovic@rtiagarafalls.ca August 21, 2006 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-81 I{iwanis Bus Bench Program Lundy's Lane BIA Request for Removal RECOMMENDATION: It is recommended that this report be received for information. BACKGROUND: MW-2006-81 Ed Dujlovic Director A tri-party agreement for the Kiwanis Bus Bench Advertising Program between the City, Region of Niagara and Kiwanis was approved by City Council for renewal for S years effective June 1, 2005. The agreement was executed by Kiwanis in April of 2006 signed by the City in May and sent to the Region for signature. The city is a waiting a corrected insurance certificate. (The one delivered with the agreement was not in the City's required form). This new agreement included the fallowing criteria (included in the May 30, 2005 Council Resolution} 1) The City to install four (4) new concrete pads in 2005, at a cost of $6,000.00; 2) Due tothe streetscapingrequirements inthe BlA/Tourist areas, future installation of benches located inside the BIA/Tourist areas, will only be installed, if supported by the particular BIA/Tourist Area; 3) The Kiwanis group provide the City with afive-year plan for changing out the existing benches with the new style benches; On March 17, 2006, correspondence was received from the Lundy's Lane BIA requesting removal of the existing Kiwanis benches, in order to allow them to install new decorative benches, at their expense, in accordance with the Streetscape Masfier Plan. As a result, Staff sent correspondence to Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By-Law Services August 21, 2006 - 2 - MW-2006-81 the Kiwanis group requesting the removal of all advertising benches along Lundy' Lane. This prompted a meeting with representatives of both groups and Staff. The following key issues were discussed: 1) Removal of a1126 Kiwanis benches and replacement with new decorative benches, 2) The Lundy's Lane BIA .sponsor events to raise fund to help offset the lost bench revenue, 3) The Lundy's Lane BIA. directly donate funds to offset the lost bench revenue, 4) Replacement of non Lundy's Lane bench advertising with Lundy's Lane businesses (17 of the 26 benches advertise Clifton Hill), 5) A Phasing out program of advertising benches over the next 3 %z years. Following this meeting both parties agreed to discuss these and other options with their respective executives and meet again to discuss the matter further. Unfortunately, after much deliberation, both parties agreed not to agree and no solution was reached. Based on the above Council Resolution "Due to the streetscaping requirements in the BIA/Tourist areas, future installation of benches located inside the BIA/Tourist areas, will only be installed, if supported by the particular BIA/Tourist Area" it is clearly the intent of this statement, to address fithtre installations of Kiwanis benches and not the existing locations. However, clause 3.14 of the agreement reads as follows: "The Licensors shall be entitled to remove any of the Benches on any of the Sites, or landscaping, immediately in the event of an emergency or upon 30 days written notice to the Licensee in the event the road allowances are required for municipal purposes or any streetscaping required by the Licensors in conjunction with theBusiness ImprovementArea Board and theLicensee covenants and agrees that in each instance, such removal and replacement of the Benches and landscaping shall be at the Licensee's sole cost and expense. " Legal Services has further advised that based on the above statement, the City, with 30 days notice has the ability to request the removal of the Kiwanis Advertising Benches to permit the installation of the new streetscaping being propose. by the Lundy's Lane BIA: The Committee's concurrence with the recommendation outlined in this report would be appreciated. Pr/epared by: Karl Dren, C.E.T. Manager of Traffic & Parking Services Respectfully s bmitted: U John MacDonald u Chief Administrative Officer Approved by: v Ed Dujlovic, .Eng. Director of Municipal Work attach. 3:\TP8\TP3 I.00 Admmieaatbn\TPS 1.06 Reporta\2006 Comr~ni~y Smicm\08 AuQ 21\MW-2006.81- Kiwenh Bmcha-Candy's 07A Draft.wpd NItiG. i:i~.LS CLERKS'f~r Q'7c'~i 9.~~ July 17, 2006 Office of the City Clerk The City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Attn: Dean Iort3da, Clty Clerk Re: Lundy's Lane Streetscape Benches Dear Mr. Iorfida, The Lundy's Lane BIA is asking for equal consideration with regards. to empowerment in its own jurisdiction as that of other Niagara Falls BIAS. The Lundy's Lane BIA is recognized as a legitimate entity, established through municipal by-!aw and governed by provisions of the Municipal Act, 2001. In highlighting the BIAS original hvo-fold mandate, a BIA allows local business people and property owners to join together and with the support of the municipality, organize, finance and carry out physical improvement and promote econonuc developme~ is their district. The Luady's Lane BIA has an AGM approved 2006 budget (ir The Beautification, Revitalisation and Greening Committee of the Lundy`s Lane BIA has allocated funds from this approved budget for new streetscape projects, in particular, streetscape signs aril benches ~. Lundy's Lane BIA's finances, collected through the municipal tax structure, have been approved by Council of the City of Niagara Falls ~. Currently there is no official contract in place for streetscape benches between the Region, the City of Niagara Falls and the Kiwanis Group ~a} The contract has been expired for nearly 4 years. Both the City of Niagara Falls as well as the Kiwanis Group has been informed of the Lundy's Lane BIA's intention to assume ownership and responsibility for installation of new streetscape benches along Candy's Lane ~s} The streetscape beaches to be installed by the Lundy's Lane BIA will not negatively impact public functionality or safety. The Benches will be installed and maintained at the BIA's expense. The benches shall be in accordance with the City of Niagara Falls approved Master Plan for Candy's Lane (October, 2001) and also with the independently funded Master Plan study by Paula Bei3cato (April, 1999.} The benches will not have advertising and.~herefore will not conflict with the newly proposed city sign by- law t~. While the Candy's Lane BIA respects the community work of the Kiwanis Group, it remains the position of the BIA to promote improvement and beautification for its members, file public and the City. The Lundy's Lane BIA is requesting from City Council, a recommendation for approval and a timeline for the current summer season, outlining the removal of Kiwanis benches such that the BIA can resume its wont on physically improving Lundy's Lane for the benefit of its members, the public and the City of Niagara as a whole. We are requesting that this recommendation be ~ to Council at the upcoming Council Meeting on July 31, ZQ06, Sincerely, Veena Sbahani Vice Chair, Candy's Lane BIA Chair, BRAG Committee ~~ William Szijarto Jr. Director, Candy's Lane BIA Member, BRAG Committee ~a M~ ~~~~ Ross Bart Director, Lundy's Lane BLaI Member, B G Committee ~ 1 hn Mc irector, Lundy's a BTA ember, BRAG Committee Na ' Shahani Member, BRAG Committee w•~'~"~ f ,M `~` F'' /1rancos Berry Direct, Lundy's Lane BIA. M er, BRAG Committee ~. ~~:. Monica Shahani Chair, Candy's Lane BIA Signage Committee Member, BRAG Committee B n Patel .~-- -~- lia~va - _~~ Member, HRAG Committee Encl: (i) Lundy's Lane BIA 2006 AGlyl Meeting Minutes- Approved Budget ~~ Candy's Lane BIA BRAG Committee 2006 AGM Approved Budget ~~ Council Meeting Minutes of June 12, 2006 (page 15) <4) Letter to BRAG Committee Chair c~ Letter to the City of Niagara Fa11s (~ Excerpt from F~roposed City Sign By-Law Cc: Mayor Ted Saki Council Members t~~r~. c°t~U`7r.i; i4~46 Candy's Late General Membership Meeting Tuesday, March 7, 2006 Directors Attendance: Ethel Wbita-Ashby, Tony Vommero, Frances Berry, Ross Barr, Veena Shahani, Len Cade, Paul Bongers, Ted Saki Marjorie Ruddy, Rashid Maju. Excused Absences: Jim Cooper Greats: Bev Cannon, (Bookkeeper), Lisa Smith {Marketing), S. Patel (Terxace Court Motel), Trish Badham(Ramada), Bhavan Patel (Advantage Inn), Willian Szijarto (FlamingoThri$lodge), John McIntyre (Travelodge Bonaventare), Hemlatin Lad (Alpine Motel), Monica Shahani (Maple Haven Motel), Elizabeth Spaan (TD Canada Trust), Krish Patel {Hutch Inn Motel), Innaz Shaki (Suase# Ian), Ross Robinson (Oh Canada Eh), Stacey Loa$ (~h Canada Eh). Minutes of the meeting from January 31, 2006 were approved by Paul and tad by Tony with the amendment of the BRAGG to read "a surplus of $7,000.00 to be utilized on the planters." Commnnicution Com~naittee Ross Barr accepted the position to head the Con~xnunicatioa Committee. He will ~be responsible in notifying the Business of meetings. Len will forward a list of the meeting dates to him. Boars vacancies -Len Cade Len outlined duties and atpectatiois of the Board Members. Three ~+acaacies were to be filled. Accepting these were: Elizabeth Spaan TD Canada Trust John McIntyre Travelodge William Szijarto Flamingo Thriftlodge Approved by Paul and tad by Ross. BUDGET -Lisa Smith/Bew Cannon/1~'ran Berrv/Monica Shahani Income - ~ $271,5()0 LL Visitors Guide $44,500 Marketing - $91,528 Candy Cane Lane - $35,450 BRAGG - $64,zzs Administration & General $8,730 New Years Shuttle $5,000 Total Expenses $253,933 Net Income $22,067 A motion was make to keep the budget as is and to use some of the capital for the Bragg Committee's Street Signs d; Benches. --dismissed Ethel made a motion to us 113" of the Capital to put towards the Bragg Committee 2"d by Marge. --- withdrawn Veena made a motion to approve $95,00 from the capital and 2"d by Ross Approved 8 --Opposed 4 Motion passed. Other Bnsineaa--Len Cade Len congratulated Fran and her committee for the fine job on the Wintedights. Our B.I.A. constitution was being reviewed by the City. There is a proposed City By-Law Meeting March 29/06 -- Veena/Monica to attend. The city will update us regarding the use of the Parks and Recreation Building and a letter will be going to the City frorrl, the Bragg Committee. Fran to email all Board Membexs. ., ~ . ,..~ O.B.i.A. Conference - Veena aad Fran to attend March 27~' - 3 days in Ottawa. New Buaineas -Len Cade Ethel wants our B.I.A, to address the passport business for the borders. Ethel to get on the National Committee to represent us. A motion to terminate meeting by Paul and 2"~ by Marge. NEXT MEETING: GZIVERAL ME]NRF.ASH.Ip TiJE3DAX, APRIL 11, 2006 -9:30 P.M. BEST wiESTERN CAIRN CROI~'1' 2 NIf~. F4~L5 G.ERtC5'f~ 0`~ ~.4~ Beautification, Revitalization and Greening Committee Of Lundy's Lane Business Improvement Association 2006 Estimated Budget Overview Item _ Qu antity 'rice Per Unit Estimated Cost Streetrcape Hanging Baskets: Summer plants ............................. (Includes liner replacement) . 192............... ................... ......... . $14,400.00 Streetscape Ornamental Pla~eters: Summer plants .................................65..................... ................ $6 500 00 .... . (Includes labour) .. , . . .... Fall plants .................. . ..................65................................. (Includes labaur) ..... ,....... $7,000.00 Spring bulbs ................................ (Includes labour) ...65.................. .................. .......... .$4,000.00 Maintenance ................................. 20.....................700.......... ......... $14, 000.00 Streetscape Banners: Reinstallation and removal ... . ............. 115............................... $3 600 00 ... .......... , . Streetscape Decorative Signs' Posts: Main intersection signs . ..:.................28 minor intersection signs and ......:........34 •. decorative posts .............................................................................$48,000.00 Streetscape Ornamental Farniture Rc Accessories: Benches ........................................30............. , ....1000....................$30,000.00 Waste receptacles .............................30...................750....................$22,500.00 -'"~ . ~ Estimated Total Cost: $150,000.00 - 5 - August 21, 2006 Council Minutes 6) That the Kiwanis, Lundy's Lane BIA and the Mayor meet regarding the bus bench program within the next 30 days. (Report recommendation changed as noted above) .~.*,~ RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti; seconded by Alderman Campbell that the "In Camera" actions, earlier this evening be approved. That staff be directed to obtain an independent marketing study and business plan regarding the Downtown. Alderman Campbell AYE Alderman Diodati AYE Alderman loannoni NAYS Alderman Kerrio AYE Alderman Pietrangelo AYE Alderman Volpatti AYE Alderman Wing NAYE Mayor Salci AYE Motion Carried .~:** CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2006-43 -Major Receivables QuarterlyReport. it is recommended that Council approve the municipal accounts totalling $10,717,174.09 for the period June 28, 2006, to August 1, 2006. PD-2006-63 -Matters Arising from the Municipal Heritage Committee. It is recommended that Council, 1) approve a Designated Property Grant for the maximum amount of $ 3,000 toward the cost of the restoration of the windows of the Oswald House, 2922 St. Paul Avenue, as outlined in this report; 2) pass a by-law to amend the designating by-law for the Battleground Hotel Museum at 6151 Lundy's Lane to add two elements to the Reasons for Designation; and 3) approve the restoration on the lattice work surrounding the front door of the Laura Secord House at 3800 Bridgewater Street. PD-2006-65 -Information Report -Wind Energy Systems- It is recommended that Council receive this report for the information purposes only. PD-2006-57 -Request for Removal of Part Lot Control Lot 102, Registered Plan 59M- 129, 76988700 Cortina Crescent. It is recommended that Council approve the request and pass the by-law included in tonight's agenda to designate Lot 102, Registered Plan 59M-129, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds have been registered. PD-2006-68 -Request for Removal of fart Lot Control Lots 31, 32, 35 to 48 Inclusive), Registered Plan 59M-324, Brittany Court (Garner Estates Phase 4), Owner: Mountainview Homes. It is recommended that Council approve the request and pass the by-law included in tonight`s agenda to designate Lots 31, 32, 35 to 48 (Inclusive), Corporate Services Department t~i~~~~~~t~~~,l~~~~l,~~~~ Legal Services Inter-Department Memorandum ~I.i~g~.r~~R.~~S l A'Y iDA TO: Dean Iorfida DATE: December 4, 2006 City Clerk FROM: Ken Beaman Assistant City Solicitor Ext. 4242 RE: The Corporation of the City of Niagara Falls and The Regional Municipality of Niagara and The Kiwanis Club of Stamford Ontario Limited Lease with City re: Place of Benches Our File No. 1997-230 I enclose one (1) fully executed original of the Agreement made between The Corporation of the City of Niagara Falls and The Regional Municipality of Niagara and The Kiwanis Club of Stamford Ontario Limited with respect to the above matter for your records. A copy of the Certificate of Insurance is attached for your ready reference. KB/jm Enc. Working Together to Serve Dur Community nary R~source~ Information Sv~tems Leaal ~, s THIS LICENCE AGREEMENT made this 13` day of June, 2005. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS and THE REGIONAL MUNICIPALITY OF NIAGARA Hereinafter referred to as the "Licensors" OF THE FIRST PART; -and- THE HIWANIS CLUB OF STAMFORD ONTARIO LIMITED Hereinafter referred to as the "Licensee" OF THE SECOND PART. WHEREAS the Licensee has requested the Licensors' permission to place advertising benches, for the convenience of citizens, at bus stops at various locations throughout the City of Niagara Falls, on road allowances owned by the Licensors; AND WHEREAS the Licensors and the Licensee have agreed to enter into this Licence Agreement (the "Agreement") in respect of the Licensee's use of certain space on road allowances owned by the Licensors for said advertising benches; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant 1.1 The parties hereto acknowledge that the Licensors are the owners of the road allowances upon which the advertising benches will be located. 1.2 The Licensors grant to the Licensee, and the Licensee accepts, an exclusive right to use the applicable portion of the road allowances at bus stops at various locations throughout the City of Niagara Falls, as designated by the Licensors (the "Sites") for the installation and maintenance, at the Licensee's sole cost and expense, of advertising benches, (the "Benches") on the road allowances. 1.3 The Licensee acknowledges that it has inspected the Sites, that the Licensors have made no representations orwarranties whatsoever respecting the condition thereof or their suitability -2- for the Licensee's use or otherwise, that the Licensors have no obligation or duty to make any alterations, improvements or repairs whatsoever in and to the Sites to make them ready for the Licensee's use and occupancy and that the Licensee takes and accepts the Sites in their present "as is, where is" condition. 2. Term and Fee 2.1 The term of this Agreement (the "Term") shall be for a period of five years commencing on the ls` day of June, 20(}5 (the "Commencement Date") and terminating on the 31S` day of May, 2010. 2.2 ~ The Licensee shall pay to the Licensors throughout the Term, an annual licence fee in the amount of TWO DOLLARS ($2.00), payable in advance on the Commencement Date and on each anniversary of the Commencement Date. 2.3 In addition to the annual licence fee, the Licensee shall be responsible for all rates, duties and assessments and other charges that may be levied, rated, charged or assessed against the Sites or the Benches and every tax and licence fee associated with the Licensee's use of the Sites. 2.4 The Licensee further covenants to pay all Goods and Services Tax (GST) applicable to all licence fees. 2.5 Provided the Licensee duly and regularly and punctually pays the licence fee and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Agreement, the Licensors shall, upon the written request of the Licensee given to the Licensors not more than six months and not less than three months prior to the expiration of the original term of this Agreement grant to the Licensee, a renewal of this Agreement for a further term of five years on the same terms and conditions, save and except for the right of further renewal. 3. Terms and Conditions of Use 3.1 The Licensee acknowledges that it does not have the right to use the Sites, except in accordance with the conditions of the Licence herein contained and the Licensee accepts this Licence subject to such limitations as herein contained. 3.2 The Licensee must obtain written approval from the Director of Municipal Works for The Corporation of the City of Niagara Falls {"Director"), with respect to the particular advertisement displayed on each of the Benches; the locations of the Sites; and the method of installation of said Benches, prior to installing the Benches on the Sites. 3.3 In the event that the Licensee wishes to install any Benches on Sites within the boundaries of any of the Business Improvement Areas within the City of Niagara Falls, prior written approval must be obtained from the applicable Business Improvement Area Board. -3- 3.4 The Licensee hereby acknowledges and agrees that the number of Benches to be installed at a particular Site is to be based upon the pedestrian volume frequenting said particular Site; as approved by the Director. 3.5 The Licensee must complete and submit an Application for Street Hardware on the form approved by The Corporation of the City of Niagara Falls (the "City") and comply with all terms and conditions of said Application, prior to the installation of any and all Benches on the Sites. 3.6 Upon the execution of this Agreement, the Licensee hereby agrees to provide the Licensors with awritten -five year plan with respect to the replacement of the existing Benches with new style Benches. 3.7 During the year 2005, The Corporation of the City of Niagara Falls hereby agrees to construct four new concrete pads at a total cost of Six Thousand Dollars ($6,000.00), for the installation of Benches by the Licensee; such cost to be borne solely by The Corporation of the City of Niagara Falls. Notwithstanding the foregoing, the parties hereto acknowledge and agree that the construction of the said four concrete pads is strictly on a "one time only" basis. 3.8 (1} The Licensee covenants and agrees with the Licensors to maintain the Benches at all times in good and proper repair and condition satisfactory to the Director and to ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the Benches. (2) The Licensee agrees to remove, clean or repair the Benches if damaged by vandalism, graffiti or mischief as rapidly as possible following notification of same by the Licensors. 3.9 No transfer or assignment of the Licence or any rights hereunder shall be made by the Licensee without the prior written consent thereto of the Licensors, which consent maybe unreasonably withheld. 3.10 The Licensors agrees toprovide anon-exclusive right to the Licensee, at the Licensee's own risk and expense, to enter upon the road allowances and use any roads necessary to conduct its normal business as provided for herein; provided however that such right to access shall be effected at such time and in such manner as to not interfere with the Licensors' operations. The Licensors reserve the right to change, modify or relocate any such access route at their discretion. 3.11 No building, structure, fence or other fixture, save and except for the Benches heretofore described shall be erected on the Sites and the Benches shall be constructed by a bondable contracting company employed by the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. -4- 3.12 The Licensee covenants and agrees with the Licensors that should representatives of the Licensors be of the opizuon, in their sole discretion, that the Benches interfere with the vehicular or pedestrian traffic in any way, the Licensee shall make such changes or modifications as may be necessary to eliminate the problem at the sole cost and expense of the Licensee. 3.13 The Licensee shall comply with all the laws of the federal, provincial or municipal governments that maybe applicable to the licensing of the Sites. 3.14 The Licensors shall be entitled to remove any of the Benches on any of the Sites, or landscaping, immediately in the event of an emergency or upon 30 days written notice to the Licensee in the event the road allowances are required for municipal purposes or any streetscaping required by the Licensors in conjunction with the Business Improvement Area Board and the Licensee covenants and agrees that in each instance, such removal and replacement of the Benches and landscaping shall be at the Licensee's sole cost and expense. 3.15 Notwithstanding any other provision of this Agreement, in the event that the Licensee fails to comply with any of the terms and conditions of this Agreement, the Licensors shall have the right to terminate this Agreement in whole or in part on notification to the Licensee as follows. The Licensors shall give to the Licensee written notice pursuant to pazagraph 5.2 hereof setting out the details of such breach and the Licensors intent to cancel this Agreement in whole or in part. At the expiration of 15 days from the date of receipt of such notice, if the Licensee has failed to rectify the breach or to commence rectification of such breach in a reasonable and diligent manner, the Licensors may cancel this Ageement without further written notice to the Licensee. 3.16 The Licensee covenants and agrees with the Licensors that it will not increase, extend or enlarge the Sites or permit the increase, extension or enlargement of the Sites in any manner whatsoever. 4. Liability and Insurance 4.1 The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the Licensors, their officers, employees and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this Agreement or anything done or maintained hereunder. 4.2 The Licensee agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the Solicitor for the Corporation of the City of Niagara Falls protecting and indemnifying the Licensee and the Licensors, their officers, employees and agents against any claims for -5- damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the road allowances with all inclusive coverage of not less than Two Million Dollars ($2,000,000.00), such policy to include the Licensors as additional insureds and to be endorsed to include the contractual obligation of the Licensee to the Licensors under this Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the Licensors thirty (30) days prior written notice. The Licensors may, in their sole discretion acting reasonably, require the Licensee to raise the minimum amount of coverage and shall so advise the Licensee in writing, who then shall immediately increase the minimum coverage and deliver to the Licensors within thirty (30) days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the Solicitor for The Corporation of the City of Niagara Falls, showing the amended coverage, Failure of the Licensee to comply with this provision shall constitute a breach of this Agreement and shall entitle the Licensors to terminate hereunder. 4.3 The Licensee shall fiunish the Licensors with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the Solicitor for The Corporation of the City of Niagara Falls prior to the commencement of this Licence in accordance with the provisions of this Agreement and at each insurance renewal date. 5. General S.1 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement other than expressed herein. 5.2 (I) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, bye-mail, by fax or be prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of a-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. 5.3 Notice shall be given to the Licensee at: -6- The Kiwanis Club of Stamford Ontario Limited P.O. Box 784 Niagara Falls, Ontario L2E 6V6 Attention: Mr. Ron Saks Telephone No. (905) 357-1151 Ext. 6232 Fax No. (905) 357-3422 and to the Licensors at: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Legal Services Telephone No. (905) 356-7521 Fax No. (905) 371-2892 and The Regional Municipality of Niagara Corporate Services Department 2201 St. David's Road P.O. Box 1042 Thorold, Ontario L2V 4T7 Attention: Legal Services Telephone No. (905) 685-1571 Fax No. (905) 685-7931 5.4 Wherever the singular or masculine is used in this Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they -~- have authority to bind their corporation. .. .., ~" ,. .~"~ . -~' .,, THE KIWANIS CLUB OF STAMFORD ONTARIO LIMITED Per: Name: Title: Name: Title: St THE CORPORATION OF THE CITY OF NI(AG~ARA FALLS Per: /~-"''~ /G- /~ R. T. (Ted) Sahi, Mayorf C~-~ Dean Iorfida, i Cle k THE REGIONAL MUNICIPALITY OF N RA Per: Name: a.~T~R^. r+4 nTe Title: ~ ~ ~ ~' w Name: PAM ~ OY Title: Regions lerk 1. See August 21st Minutes 4/21/2008) Dean Iorfda -Updated Figures ~ ~ ~ ~~~~ ~ A~ ss ~ a-~ ~~` ~ Page 1 From: Sue Wheeler To: Dean Iorfida Date: 4/21/2008 2:10 PM Subject: Updated Figures CC: Karl Dren; Ken Beaman Dean: I have updated information on the number of benches on Lundy's Lane: There are currently 31 locations on Lundy's Lane - Total 34 benches on Lundy's Lane 3 locations have 2 benches - s.w. corner ifo Red Lobster - s.w corner Glenholme ifo No Frills Plaza - s. side ifo Factory Outlets Total number of locations in the City 128 Total number of benches in the City - 146 (13 locations with multiple benches) City Totals above include Lundy's Lane We will have digital images for you this afternoon. Sue ~ ..4 an „r r, s w ~~ x _ Q r ~ , .y ~ >nr ,j~ ~ a ', ~ aS ..+ ~~ ° 'z ,,;.a~, . _ .",--x `~-•.: -.,~ ~ ~ i ~ ~ , M ,,.~ ~ ~ YI' S" ~ •_ ~~ 9'.~av 7u~~ ~fpu.9,5=;~jF ~ W4c ~~ _. 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"1. t ~ ~ ;~ , ,, , ~ ~` °' '~~ ~. ~ ~ '.e; t ;~ r _.~ , ~ ~ ; w yi ~~ ~ ~ + ~ s ~ 3; ~3 ~ T al ~ ,s T ~ ss ~ r ~ I ig April 28, 2008 CD-2008-06 ~. .~ _..__Q ~~i~~~~~ alls ~~~~AD~ Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: CD-2008-06 .Request of Waiver of Fees for Springlicious RECOMMENDATION: That if the Committee wishes to recommend a grant equal to the cost (approximately $2,000) of the waiver of various fees that it be taken from the Downtown C.I.P. account or from business licence revenue associated with the event. BACKGROUND: On April 14, Council received the attached correspondence from the Downtown Board of Management in conjunction with the proposed Springlicious event slated for May 30th to June 1St requesting various fees be waived. Staff recommended that it come back with a listing of possible costs before Council makes any decision on providing a grant equal to the applicable costs. Road closure costs. $228.00 Manpower related to Stage $184.62 Loss of Parking Meter Spots $372.00 Clean Up Costs $1,251.00 The total costs will be approximately $2,000. The Downtown Community Improvemen# Plan (C.l.P.) approved in 2004 identified the lack of events as a weakness Downtown and recommended "new and enhanced festivals". Asa .result; the Downtown is planning an ambitious slate of events over the course of the summer and fall There has been no indication that similar waiver requests will be made for these other events, however, Committee will recall that in December 2007, the BIA submitted an"enhanced funding request" (cf. PD-2007-99), which requested $200,000 for events. Council deferred -a decision on the related report. Traditionally, BIA's usually. allocate some funds in bier"budget for such events. Working Together to Serve Our Community Corporate Services Department Clerks . `~'-~: April 28, 2008 - 2 - CD-2008-06 In addition, the BIA has requested that any of the business licence fees for the vendors be waived. The organizers are hopeful for as many as thirty (30) vendors. The vendors will be required to purchase a Special Occasion Daily Sales Licence. The cost of the licence ($150) covers the inspection fees. For an event of this nature, staff inspections have to happen shortly before the event commences, therefore, the window for inspections is condensed. Staff is aware that the event organizers will be renting space to the vendors depending on booth size (either $400 or $700). With some events of a similar nature, the event organizers will absorb the cost orthe vendor is expected to also satisfy any municipal business licensing requirements. It does not seem appropriate for the event organizers to be collecting a fee and not the City. It should be noted that other events in the community, like the annual Russell Air Show, have their vendors pay the business licence fee. CONCLUSION: The Downtown C.I.P. recommended that a program of enhanced events be undertaken to bring locals and visitors to the Downtown, therefore, the City should be supportive of the planned Springlicious event. With $250,000 already allocated in the municipal operating budget in 2008 for the Downtown C.I.P. it is appropriate to use funds from the account noted below: Community Improvement SRVS -Downtown 11-3-823005-050000 Since the vendors stand to make money from the event and the organizers will be receiving rent from the vendors, it is not recommended that business licensing fees be waived. In fact, another option is to take the waiver of the various outlined earlier in the report from business licensing revenue. Recommended by: Dedn lorfida, ty Clerk Approved by: ~ _,~~-~~ K. E. Burden, Executive Director of Cor orate Services .,~ a Respectfully submitted: ~ ~~~ ~ ~Y h~ MacDonald, Chief Administrati Officer ~]ia~;~raFa1 Board of Management March 28, 2008 ~?t~Ns. ~i~eaE_'•'a 3„'1_r}'?~:±•+`=''~~E•y j„ii~J::J ~ ~t~va Tel.: (905) 354-0606 P.O. Box 5, Main Station Fax: (905) 354-5541 Niagara Falls, Ontario bia@niagarafallsdowntown.com L2E 6S8 www.niagarafallsdowntown.com His Worship Mayor Saici and Members of the Municipal Council City of Niagara f=alls .4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L2E 8X5 Dear Members: Celebrate Old .Downtown Community Corp is snot-for-profit organization created by the Downtown Board of Management to .promote the downtown core through events. Celebrate Old Downtown is planning several street events throughout the summer of 2008. The first event, Springlicious, a food, wine & beer expo, will be held the weekend of May 30th, 31St, and June 1St 2008 Street Ciosing The organizers are requesting permission to close. Queen. Streetfrom Erie Ave to St. Lawrence Ave, and .adjoining side. streets leading onto Queen within these boundaries. The closing avid be from 5:OOprn Thursday May 2gth and to 12:OOpm Monday June 2nd' thereby allowing enough time for set-up and teardown of the infrastructure for the event. We respectfully request that Council waive the costs of these street closures. Stages The Springlicious committee .plans to have three stages operating during the event. The main stage,. planned for the court yard in front of City Hall will run until 11:30pm Friday and Saturday and until 5:OOpm Sunday provided permission is granted. To accom,~odate the main stage we request the use of the hydro hook-ups in the City Hall court yard to power the stage, and that the 9:ODpm Noise by-law be extended to 11:30pm. for Friday and Saturday nights. .The second stage will be set-up at .the intersection of Crysler Ave and Queen Street and will run .until 11:30pm Friday and Saturday and until 5:OOpm Sunday. Both areas wil! be Licensed, if approved by the Alcohol and Gaming Commission of Ontario, with the proper fencing and all bartenders will have their Smart Serve Certificate. The third stage will be a children's stage where no alcohol will be served and wil! operate only. Saturday and Sunday from 11:OOam to 5:OOpm each day. The event organizer will be applying for a liquor license -once Ci#y approval is given to hold the event. Hydro The Springlicious committee would also appreciate. the use of the City hydro connection on Queen Street. and the connections that .run to trees on the street as a power source for vendors. Our understanding is that this is a 50 amp service with #2 wires running to these trees and, provided that this is true, it would be excellent for vendor hook-ups. If this is not true, is there a possibility of tapping into the light posts on the street? There will be an electrical contractor on site before and during the event that would be responsible for making the electrical tie-ins. Cleaning and Equipment The Springlicious committee also requests permission to borrow the following items from The City: snow fencing, barricades, picnic tables and trash cans. Is there a possibility of City assistance in cleaning the event site at the end of each night? Washrooms There will be 26 portable washrooms on site (6 will be handicap accessible). There will be a contractor with a pumping truck on site throughout the event to maintain them. Permits /Parking During the event, vendors and event-goers will be occupying several parking spaces, and the committee respectfully requests that the City waive any costs for parking lots and the use of metered spots for the duration of the event. The committee also requests that the City waive any cost of the business permits required for vendors. Health Regulations As Springlicious is a food event, some vendors that will be using Bar-Q`s, some will use deep fryers, and most vendors will use warmers. The food would be prepared in their restaurants and transported to the site then placed in warmers. Also all vendors will have been issued a Public Health permit. Insurance A five million dollar insurance policy for the event has been requested. Fire Safety The event coordinator will meet with the fire department to discuss any of their concerns about the event, such as cooking, laneways, and electrical and water lines. Emergency Access A minimum 20' wide laneway shall be maintained between all tents, objects, booths, fencing, etc., so as to ensure that in the event of an emergency the road may be opened and emergency vehicles shall have access to the entire closure area. Security There will be a private security company on site; however, Niagara Regional Police presence is a requisite, and they have been contacted. Attached to this letter is a copy of the letter to area residents and businesses with the re-routing of the bus schedule including dates, as well as a map of the area showing the locations of vendor's tents, picnic tables, trash cans, dumpsters, portable washrooms, event headquarters and a first aid station. Yours truly, Ulrik Gross Chairman To whom it may concern Celebrate Old Downtown Community Corp is anon-profit organization that works closely with the Downtown board of management to promote the downtown core through events. Celebrate. Old Downtown will planning several street events throughout the summer of 2008. The First event Springlicious is a food, wine & beer expo. The organizers plan to close Queen Street from Erie Ave to St. Lawrence Ave. and adjoining side streets leading on Queen within these boundaries. The organizers plan to have two stages operating during Springlicious. One stage is planned for the court yard in front of City hall and the other stage will be set-up at the ..intersection of St. Clair. Ave and Queen Street. Both areas will be licensed with the proper fencing and all bartenders will have smart sever certificate. Springlicious would like to use the City hydro connection and possible water hook-up on the street to supply the vendors we also require permission to use City snow fencing and barricades. We will have an electrical contractor on site during the event. Springlicious will be held the weekend of May 30t", 31St, and June 1St 2008. We would like to have the streets closed at S:OOpm Thursday May 29t" and re-opened Tuesday 9:OOam June 3`d. This will allow enough time for set-up and teardown of the event. The event will draw between 20, 000, and 45,000 people to Queen over the weekend. We have a private security company that will be on site but would still need a I`d.R.I'. presence. I will be glad to meet with you anytime Thank-you, Joe Bertoni Celebrate Old Downtown Events Coordinator 905 353 9555 ext.225 ~.~ Tel.: (9Q5) 354-4bOb P.O. Bax 5, Main Station Fax: (905) 354-5541 Niagara Falls, Ontario biaC~niagarafailsdowntown.com L2E 6S8 www.niagarafallsdawntow~n.com Board of Management Niagara Falls Downtown Board of Management 2008 Budget Advertising & Promotion 25,000.00 Beautification 25,000.00 Staff Wages 30,000.00 Liability Insurance 3,600.00 Building Operating Costs (taxes/utilities) 13,145.00 Office~Administration 6,855.00 Consulting Fees--Ciminelli 60,000.00 Meeting Expenses 2,000.00 Miscellaneous 2,418.00 Shortfall on property tax appeal 11,982.00 Total $180,000.00 Downtown Niagara Falls: Where Friends Make fihe Difference Re: Celebrate Old Downtown Community Corp Page 1 of 2 Dean Iorfida -12E: Celebrate Old Downtown Community- Corp From: <joe@celebrateolddowntown.ca> To: <diorfida@niagarafalls.ca> Date: 4/16!2008 8:56 AM Subject: RE: Celebrate Old Downtown Community Corp CC: <bia@niagarafallsdowntown.com> The fees we charge are as follows 10x10 $400.00, a 20x20 $700.00 Joe Bertoni From: Joe [mailto:joebertoni@msn.com] Sent: April 16, 2008 7:20 AM To: joe@celebrateolddowntown.ca Subject: Fw: Celebrate Old Downtown Community Corp From: Gross, Ulrike I Sent: Tuesday, April 15, 2008 1:00 PM To: dion`ida nia arafalls.ca ;loebertoni@msn.com Cc: bia@niagarafallsdowntown.com Subject: Re: Celebrate Old Downtown Community Corp Yes they are charged a fee. Joe, will you please confirm the amount? Ukike Ulrike Gross Ciminelli Real Estate Corporation of Canada (905) 988-2271 Sent from my BlackBerry Wireless Handheld -----Original Message----- From: Dean Io~da <diorfida~7a,niagarafalls.ca> To: Gross, Ulrike I <UGrossCa~ciminelli.com>; joebertoniC~msn.com <joebertoni~a,msn.com> CC: bia@niagarafallsdowntown.com <bia(a~niagarafallsdowntown.com> Sent: Tue Apr 15 12:54:50 2008 Subject: Re: Celebrate Old Downtown Community Corp One question: will the vendors be charged a fee by Celebrate Old Downtown to participate in Springlicious? I know this is sometimes done with such events. Thanks Dean »> "Gross, Ulrike I" <UGross@ciminelli.com> 4/15/2008 12:06 PM »> Hi Dean, The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting maybe closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on Apri128, 2008 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)(f) of the Municipal Act, 2001, to receive advice that is subject to solicitor-client privilege. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR