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2008/12/15COUNCIL MEETING Monday, December 15, 2008 Order of Business and Agenda Package COUNCIL MEETING December 15, 2008 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of December 1', 2008 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Niagara Ice Dog Fundraising Game Bob Gale, Gales Gas Bars, Marcel Dionne, Bill and Denise Burke of Niagara Ice Dogs and Dave Martineau, Niagara Falls Review will make a deputation promoting the March 1 2009 Ice Dogs game to be held at the Niagara Falls Memorial Arena and the related Gala fundraiser. Local Chinese Community Kim Craitor, MPP, will make a cheque presentation on behalf of the local Chinese Community, which will go toward the planting of several trees in the Fairview Cemetery. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Regional Municipality of Niagara - Report on Niagara Economic Development Corporation (NEDC). RECOMMENDATION: For the Information of Council 2 2. Memo from City Clerk - on the recent denial of applications under the Retail Business Holidays Act at Regional Council. RECOMMENDATION: That Council approve the Resolution listed later on the agenda. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. * * * ** REPORTS 1. Chief Administrative Officer PD- 2008 -114 - City of Niagara Fas Regulating Nightclubs and Bars in the Historic Drummondville Area 2. Chief Administrative Officer TS- 2008 -67 - Supply of Four City Buses 3. Chief Administrative Officer FS- 2008 -04 - Hiring of Radio System Project Manager 4. Chief Administrative Officer BDD- 2008 -05 - Niagara Convention & Civic Centre Award of Design Build Contract* *NOTE: This report will be e- mailed at a later date. Due to the importance of this report, it is important that it be considered before the break prior to the 2009 schedule. RATIFICATION OF COMMUNITY SERVICES COMMITTEE RECOMMENDATIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE RECOMMENDATIONS (Councillor Pietrangelo, Chair) RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS 3 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -46 - Treasurer's Write -Off F- 2008 -49- 2009 General Insurance Report F- 2008 -50 - Renovation Update HR- 2008 -06 - Non Union By -law (Overtime) L- 2008 -43 - Withdrawal of Declaration of Surplus, Part of Block A, Plan - 67 L- 2008 -44 - Release of Subdivision of Subdivision Agreement, 6969 Oakwood Drive L- 2008 -45 - Niagara Falls Hydro Holding Corporation Annual Resolution MW- 2008 -71 - Tender 2009 -2011 Streetlight Servicing City Wide MW- 2008 -75 - Contract # 2007 - 177 -06, Extension of Three Phase Power to Montrose Business Park. PD- 2008 -116 - 26CD -11- 2008 -08, Draft Plan of Condominium (Standard), 2634 St. Paul Avenue ( East Side), South of Mountain Road Owner: 1760018 Ontario Inc. ola Meadow Creek Homes ( Andre Landendoen) PD- 2008 -117 - CB& FIG - 2008 -006, Commercial Building & Facade Improvement Grant 5990 Main Street, Applicant: Inez Antonio R- 2008 -37 - Centennial Water Molecule at City Hall RESOLUTIONS THEREFORE BE IT RESOLVED that the Regional Municipality of Niagara show deference to the wishes of Niagara Falls City Council and reconsider and approve the applications for openings on statutory holidays for the three Niagara Falls businesses (Value Village, A &P Food Store and Home Depot). -4 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -216 A by -law to authorize an Application General to amend the register to release an Agreement registered as Instrument Number AA75048. 2008 -217 A by -law to establish Part Lot 16 Concession 4 Willoughby designated as Part 4 on Reference Plan 59R -12773 as a public highway, to be known as and to form part of Ort Road. 2008 -218 A by -law to amend By -law No. 79 -200, to recognize an existing apartment dwelling on the Lands and permit the expansion of an associated parking lot. ( AM- 08/2008) 2008 -219 A by -law to amend By -law No. 79 -200, to permit the existing building on the Lands to be used as a one family detached dwelling, a cottage rental dwelling or a tourist home. (AM- 2008 -030) 2008 -220 A by -law to authorize the execution of an Agreement with Ground Aerial Maintenance Service Ltd., respecting the 2009 -2011 Street Lighting Servicing City Wide Contract. 2008 -221 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Parking Prohibited, Stopping Prohibited, Heavy Vehicles Restriction, Stop Signs at Intersections, Parking Meter Zones) 2008 -222 A by -law respecting sick leave, pensions and other benefits for employees. 2008 -223 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2008 -224 A by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. 2008 -225 A by -law to authorize the execution of the July 1, 2008 to December 31, 2009 Collective Agreement with the Amalgamated Transit Union and its Local 1582. 2008 -226 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15 day of December; 2008. NEW BUSINESS a ro December 15th - deputation From: Kathy Moldenhauer To: Dean Iorfida CC: Denyse Morrissey Date: 11/25/2008 4:25 PM Subject: December 15th - deputation hi Dean As detailed in Denyse's voice mail message we are requesting a deputation at the December 15th Council meeting: The following individuals will be attending to promote the March 1st Ice Dog game to be held at the Niagara Falls Memorial arena and the Gala, fund raiser dinner taking place at the Crown Plaza on Saturday, February 28th 2009: Bob Gale, Gales Gas Bars Marcel Dionne Bill and Denise Burke, Niagara Ice Dogs Dave Martineau, Niagara Falls Review Kathy Moldenhauer Manager of Policy and Community Development Parks, Recreation & Culture Division of Community Services Department 7150 Montrose Road, Unit #1 Niagara Falls, ON, L2H 3N3 (905) 356 -7521 ext 3348 (905) 356 -7404 fax www.niagarafalls.ca kmoldenhauer @n iagarafa Ils.ca 1 l usf[uuzs? I eresa Fabbro - Council Presentation' From: Cynthia Roberts To: Dean Iorfida CC: Denyse Morrissey Date: 11/3/2008 1:09 PM Subject: Council Presentation Hello Dean. The Chinese Community wish to make a cheque presentation to Council on December 15th. Kim Craitor, MPP, will speak on their behalf. The cheque, in the amount of $2500.00, will go towards the planting of several trees in Fairview Cemetery. The Chinese Community, through Staff, wish to create a tree grove in an area of the cemetery that they can expand upon as years go by. This presentation will compliment Fairview's 125th Anniversary Celebration whereby one of the goals was to plant 125 trees. Please advise if Dec 15th is available for this presentation. thank you. Cynthia Niagara."' Region REPORT TO: Chairman & Members of Regional Council SUBJECT: Council Business Planning Session — Niagara Economic Development Corporation (NEDC) RECOMMENDATION That this report be received for information, and: That Regional Council reaffirm the existing arrangement between Niagara Region and the Niagara Economic Development Corporation, with direction to the Region's Chief Administrative Officer and the Chief Executive Officer of Niagara Economic Development to undertake the development of an action plan to address priority issues discussed at the November 13"' Council Business Planning session; and That this report be circulated to the area municipalities for information EXECUTIVE SUMMARY CAO 12 -2008 November 27, 2008 The Council Business Planning session held on November 13, 2008 focused on the relationship between Niagara Region and Niagara Economic Development Corporation The facilitated discussion focused on key issues relevant to economic development, problem identification and potential barriers (resistors) and enablers for positive change. This report provides a summary of the discussion and seeks Regional Council approval to maintain the existing arrangement with NEDC, with direction to the Region's CAO and NEDC's CEO to develop an action plan to address priority issues discussed at the November 13 session. FINANCIAL IMPLICATIONS There are no direct financial implications associated with this report. Any operating budget impacts associated with Niagara Economic Development Corporation form part of the current budget deliberations. 1 BACKGROUND 2 CAO 12 -2008 November 27, 2008 In September 2007, Report CAO10 -2007 was prepared to present the results of the review of the Economic Development and Tourism Functions which also outlined the process that led to the development of these key principles and next steps. In March 2008, Report CSD30 -2008 was prepared for Regional Council to respond to a request from the City of Niagara Falls to redirect funds related to perceived duplication. At that time, a motion was passed to decline the request and the report was "referred for a fulsome discussion to a special Committee of the Whole or Council meeting, to be determined by the Regional Chair? As a result, a Council Business Planning session was dedicated to this issue and was held on November 13 The session was attended by Regional Councillors, the Corporate Management Team and Regional support staff, NEDC Board members and NEDC senior staff. REPORT In response to the resolutions brought forward to Regional Council, a Council Business Planning session was scheduled for November 13 to provide a venue to discuss any outstanding issues with Niagara Economic Development Corporation. The session was facilitated by Steve Butz, CEO for YMCA Niagara and focused on a series of group discussions, issue identification, information sharing and contributors to affecting change. Following group discussions regarding issue and problem identification, the following issues and needs were identified: • Better understanding of the current arrangement o expectations and deliverables o success measures o clarify respective roles o ensure operational relationships o alignment of priorities (Region & NEDC) • Improving communications o reporting frequency o greater opportunity for dialogue and engagement o clear and reasonable expectations o shared vision on priorities • Effective relationship management o Commitment to resolve outstanding issues o improved integration between Regional & NEDC priorities o engagement of stakeholders • Refocus on a Regional unified strategy — one voice commitment The group identified a series of barriers (resistors) to achieving success and scored those that they believed could be mitigated in order to improve the current relationship. The barriers (resistors) that demonstrated the greatest potential for improvement included: • Continued negative relations "sniping" between the Region and NEDC • Failure to establish Niagara as one voice • Interface with Regional departments • Deliverables not clearly defined or evaluated • Natural competition between municipalities and NEDC Similarly, the group identified a series of enablers to achieving success in many cases, there was a corresponding enabler for each of the resistors identified. The major enablers included: • Strengthening an existing structure /arrangement with some improvements • Shared strategic planning for economic development • Existing commitment and composition of the NEDC board — representing key economic sectors • Brock University & Niagara College — providing top talent • Niagara as a strong brand/resource to leverage • Increased communication, reporting and accountability (success measures) • Capitalizing on existing capacity The session concluded with a summary of the discussion from both the Region's CAO and the CEO for NEDC, who both committed to undertaking the development of an action plan that would address the above noted discussion. A future report will be prepared and presented to both Regional Council and the NEDC Board for endorsement. Submitted by: Mike Trojan Chief Administrative.'' icer This report was prepared by Chris McQueen, Director of Administration and Neal Roberts, Executive Officer to the Regional Chairman and reviewed by Patrick Cadge, Chief Executive Officer, Niagara Economic Development Corporation and, Steve Butz (facilitator), CEO, YMCA Niagara. 3 CAO 12 -2008 November 27, 2008 Corporate Services Department Clerk's Division Inter - Department Memorandum TO: Mayor Ted Salci DATE: December 15, 2008 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Denial of Retail Business Holidays Act Applications at the Region As Council may have noted from a recent newspaper article (see attached), Regional Council denied the applications of three (3) local businesses that requested to be open on various statutory holidays. For Council's reminder the three businesses and the days requested were: Value Village 6278 Lundy's Lane A &P 3770 Montrose Road Home Depot 7190 Morrison Road ___51r Niagara Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving New Year's Day, Family Day, Good Friday, Easter Sunday Family Day, Easter Sunday, Victoria Day, Canada Day and "any other holidays as may be proclaimed in the future by the Lieutenant Govemor By rendering this decision, Regional Council has demonstrated a very paternalistic attitude toward the decision of the lower tier municipality, whose "sign off' is requested on such applications. What is particularly surprising about the Region's denial is that staff is unaware of any applications that had been denied in the past. In fact, twenty (20) such applications have been approved for Niagara Falls' businesses since 1993, not to mention the multitude of businesses that are legally entitled to be open in our community under exemptions already articulated in the Act. Such applications are unlikely to open the "floodgates" as only businesses in the municipalities along the Niagara River and a couple of applications for St. Catharines have ever sought exemptions. Value Village is, arguably, the only business on the Lundy's Lane strip not legally entitled to open. The A &P already received approval for the tourist season stat holidays: Victoria Day, Canada Day, Labour Day and Thanksgiving Day. Although there appeared to be a letter writing campaign to oppose the applications, the protestors all seem to be under the mistaken belief, probably not corrected, that the Region was proposing all businesses be open on stat holidays in the twelve municipalities. Also, concerns about the rights of the workers failed to recognize legislation that has been in place protecting retail workers who refuse to work on Sundays and statutory holidays. Of course, many workers want to work on stat holidays to earn the premium pay given on the day. Working Together to Serve Our Community Clerks • Finance Human Resources • information Systems • Legal • Planning & Development It should be noted that this issue was first brought to the Region in September. There were a number of deferrals and, as a result, the applicants were never given a full opportunity to present their case. Various Regional Council reports and support letters are included. I would especially draw your attention to the letter by this writer dated September 8 that provides ample rationale as to why such applications for Niagara Falls businesses should be approved. RECOMMENDATION: That Council approve the Resolution listed later on the agenda. REPORT TO: Co- Chairs and Members of the Corporate Services Committee SUBJECT: Retail Business Holidays Act (RBHA) Responses to Additional Questions RECOMMENDATION That this Committee recommend to Regional Council: That Report CSD 143 -2008, Retail Business Holidays Act (RBHA), Responses to Additional Questions, be received for information; and That Regional Council urge the provincial government to proclaim section 1.2 (1) of the Act which would allow Regional Council to consider a by -law to "opt out" of the Act. EXECUTIVE SUMMARY Niagara` /Region 1 CSD 143 -2008 November 19, 2008 Report CSD 127 -2008, Retail Business Holidays Act (RBHA), Additional Information, was received at the Corporate Services Committee meeting on Wednesday, October 8, 2008, and the three exemption applications (Reports CSD 119 -2008, CSD 120 -2008 and CSD 121 -2008) were deferred pending further information as requested by Committee (i.e. with a holistic approach across the Niagara Region). Current legislation (Retail Business Holidays Act) does not allow Regional Council to proactively take an holistic approach to store openings on behalf of the retail businesses across Niagara. The only way Council can consider an exempting by -law is when an application is submitted by a person or an association representing persons carrying on retail business in the municipality. Each business in each area municipality has the same opportunity to apply for an exemption if they choose, and if they can demonstrate that their application meets the tourism criteria of the Act. Only when section 1.2 (1) of the Act is proclaimed could Regional Council consider passing a by -law to "opt out" of the Act. In its consideration of taking this step, Regional Council may wish to follow the example set by the City of Toronto and direct staff to undertake a consultative process seeking input from the general public, retail industry, retail sector employees, small business interests, BIA's and the tourist industry with CSD 143 -2008 November 19, 2008 respect to policy options on the regulation of holiday shopping before recommending a new regulatory framework. With the results of such a study, Regional Council could then take a truly holistic approach to the issue. To this end, it is recommended that Regional Council urge the provincial government to proclaim section 1.2 (1) of the Act which would allow Regional Council to consider a by- law to "opt out" of the Act. FINANCIAL IMPLICATIONS There are no financial implications associated with this report. PURPOSE The purpose of this report is to respond to the questions raised at the Corporate Services Committee meeting of Wednesday, October 8, 2008 with respect to three exemption applications under the Retail Business Holidays Act. BACKGROUND A public meeting, duly advertised in the Niagara Falls Review on August 2, 2008, was held at the Regional Council meeting on Thursday, September 4, 2008, to consider three applications for exemptions under the RBHA for the following businesses: • A &P Food Store, 3770 Montrose Road, Niagara Falls; • Home Depot Canada Inc., 7190 Morrison Street, Niagara Falls; and • Value Village, 6278 Lundy's Lane, Niagara Falls. At the public meeting, two employees of the A &P Store presented a petition signed by 45 employees opposed to the exemption request by A &P. Mr. Gerald White, Store Manager, spoke in support of the application and responded to questions from Councillors. After some discussion, the following motion was passed: "That Report CSD 119 -2008, September 4, 2008, Application for exemption under the Retail Business Holidays Act (the "Act'), A & P Food Stores, 3770 Montrose Road, Niagara Falls; Report CSD 120 -2008, September 4, 2008, Application for exemption under the Retail Business Holidays Act (the "Act), Home Depot Canada Inc. 7190 Morrison Street, Niagara Falls and Report CSD 121 -2008, September 4, 2008, Application for exemption under the Retail Business Holidays Act (the `Act), Value Village, 6278 Lundy's Lane, Niagara Falls, be deferred pending the receipt of a further report at the Corporate Services Committee that takes a holistic approach of the Region 2 REPORT CSD 143 -2008 November 19, 2008 and incorporates information from the NRPS as to how they are enforcing the Act and how many charges have been laid in the past." Subsequently, a further report CSD 127 -2008, Retail Business Holidays Act (RBHA), Additional Information (attached), was received at the Corporate Services Committee meeting on Wednesday, October 8, 2008, and the three exemption applications (Reports CSD 119 -2008; CSD 120 -2008 and CSD 121 -2008) were deferred pending further information as requested by Committee (i.e. with a holistic approach across the Niagara Region). Report CSD 127 -2008 provided the following detailed information: Review of the Legislation; Exemption Applications in Niagara, 1993 to date; Input from the Area Municipal Clerks; Letter from the Clerk of the City of Niagara Falls; - Review of the City of Toronto legislation on the RBHA; - Information on enforcement by the Niagara Regional Police; and concluded with a summary of how Regional Council could deal with the three exemption applications, as well as other resolutions that could be considered. During discussion at the Corporate Services Committee meeting on October 8, 2008, several questions were raised. The following will respond to those questions. An Holistic Approach to Store Openings Across Niagara The Gage Canadian Dictionary defines holistic as "emphasizing the importance of the relationship between parts or elements and wholes ". In that context, the current legislation (Retail Business Holidays Act) does not allow Regional Council to proactively take this approach on behalf of the retail businesses across Niagara. The only way Council can consider an exempting by -law is when an application is submitted by a person or an . association representing persons carrying on retail business in the municipality. Each business in each area municipality has the same opportunity to apply for an exemption if they choose, and if they can demonstrate that their application meets the tourism criteria of the Act. Ultimately, Regional Council is bound by the RBHA legislation and does not have the authority to allow "wide- open" shopping across the region or to delegate the authority for approval to any or all of the area municipal councils. The amendment which would allow Regional Council to pass a by -law to "opt out" of the RBHA has not yet been proclaimed. It is therefore, the responsibility of the business establishment (individually) or a group of 3 4 CSD 143 -2008 November 19, 2008 businesses in a specific area or the local municipality (for a tourist area application) to apply to Regional Council for an exemption under the RBHA. Regional Council may wish to consider passing a resolution to urge the provincial government to proclaim section 1.2 (1) of the Act to allow Regional Council to consider a by -law to "opt out" of the Act. Once this section is proclaimed, and before its consideration of taking this step, Regional Council may then wish to follow the example set by the City of Toronto and direct staff to undertake a consultative process seeking input from the general public, retail industry, retail sector employees, small business interests, BIA's and the tourist industry with respect to policy options on the regulation of holiday shopping before recommending a new regulatory framework. As reported in more detail in CSD 127 -2008, the City of Toronto Council ended up leaving the status quo process in place, even though their staff found that a majority of people would have supported holiday openings across the city, because they found there was also a significant minority view that opposed holiday openings. With the results of such a study, Regional Council could then take a truly holistic approach to the issue. Exemption Applications in Niagara As requested, attached to this report is a list of the exemption applications (and the allowable holiday openings), which have been approved by Regional Council from 1993 to date. It should also be noted that current legislation allows small retail stores selling food, tobacco, antiques or handicrafts, also pharmacies, gas stations, fresh fruit/vegetable shops, nurseries, bookshops, art galleries, liquor vendors, tourist - related businesses such as hotels and restaurants, Laundromats and vehicle rental agencies, as well as educational, recreational and amusement locations, to be open on holidays without applying for exemption under the RBHA. There are also essential services such as police officers, firefighters, ambulance paramedics and dispatchers, water and wastewater plant operators, long term care facilities' staff, nurses, doctors, hospital staff, etc., etc., who are required to operate on a 24/7 basis, including statutory holidays. Comments Received Since the public meeting on September 4 for the three exemption applications, we have received 27 e- mails /letters /faxes in opposition to the approval of the three exemption applications. These included two petitions with a total of 73 signatures. Summary This additional information has been provided in response to the questions raised at the Corporate Services Committee meeting on Wednesday, October 8, 2008. We would recommend that Regional Council consider passing a resolution to urge the provincial government to proclaim section 1.2 (1) of the Act to allow Regional Council to consider a by -law to "opt out" of the Act. With respect to the exemption applications under the Retail Business Holidays Act in reports CSD 119 -2008, CSD 120 -2008 and CSD 121 -2008; under the legislation, Regional Council is not required to pass a by -law even if the tourism criteria are met, but may decide to do one of the following: approve openings on all of the days requested in one or more of the exemption applications; or deny openings on all of the days requested in one or more of the exemption applications; or approve openings on certain days in one or more of the exemption applications. Submitted by: hn Berg Commis '. ner o Corporate Services This report was prepared by Pam Gilroy, Regional Clerk, and Elizabeth lsajiw, Legal Counsel, Legal Services, and reviewed by Michael Kyne, Director of Legal Services. Attachments: Table of exemption applications and allowable holiday openings, 1993 to date. Report CSD 127 -2008, Retail Business Holidays Act (RBHA), Additional Information 5 Approved by: Mike Trojan Chief Administrative : cer CSD 143 -2008 November 19, 2008 0 0 a c N m ❑ c m 1- LL m Z 0 '0 O J 2 co to ° v 2 1- N m 0 01 01 J m 0 • 0 J 0 a 0 0 0 C 5 LL to 2 m 0 0 N 0 2 n to v N M 0) N CO 10 N 0 0 O - o 0 0 N ❑ 0 0 0 W ❑ ' J '0 CO CO CO CO 5 M m N CO M m CO m as ❑ c co 0) .c O� ❑ co 0 00 d J J 0 0 a 0 0 0 m 0 0 S. 00 CO CO 0 55 2 O 2 0 2 m N J 3 0 N N u N M m b - CO 2 O 0 co C 0 01 N 0 M N w 0 3 O L 0 O. 4, m -co co CO N ❑ c CO Y CO 0 .0 J O 03 c 0 0 to 5 2 0 N c 0 L 0 CO 0 0 E W 0 a O 0 O 0 2 8 M m co m 03 W ❑ 0) C 3 - Y C N O ' o n T ❑ a m 0 ❑ m s 0 i 2 2 2 0 J L O 2 O ro m to to J m m N U 0 0 O C co T N O P C 0) Y C 0 L I— >: ❑ 0 0 J ❑ CO m O 0 ❑ C 5 0 1 W Y Z N E 0 co W CC O m W LL VI 01 m 2 0 W u_ W 0 0 M Y 0 0 01 m . to m J m n C11 0) J m 2 0 ai co to W O ° 0 0 D a K 0 an 0 0 CO 0 n m M 0 2 0 C W O u. 0 CC 0 c E O N m 2 m fa O n m co or CO n m m CO r 0 0 N 0 0 co 0 ❑ c 5 0 L 0 } Z 0 w` O LL 0 0 0 0 0 0 0 6 01 tO m CO CO CD N 0 0 CO 0 c Y C 4- m n c. m 0) m 0) m m m 0) m T w N m co 0 '0 0 CO CO ❑ c Y C CO CD J £ m 2 m 2 E; 0 co 0 0 .I N m 2 M 3 0 a n m m r m LL m 2 0 d c t W 2 0 03 0 m e co n CO m N m LL 0 2 2 N 0 0 N 6 3 n 0 or b co n m Z 0 LL 2 m 0 2 O to to E E O m co CO 2 O cff To 6 2 0 K to O m to 1` m 2 0 of To 0) 2 40 CC 0 2 2 5 m N n O IL 00 a, .c h m m m en A J m n 0) In n CO N ❑ ° c En 0 O C 0 Y 2 O 2 o 2 0 0 CC 0 0 2 N N r 6 0 m a en n CO O 0 co ao co O a m O N O 5 0 an 2 0) 0 0) ) to m 0 co T C 3- a c 0 2 0) E m W a. 3 L O P 2 m 01 m N R L a n E 0 0 O N en 0 0 ) W 0 . LL 0 0 m co 0) m 2 0 LL O N 0 To 0 , 0 N Z L 0 0 o E o 2 O 0 • v. O • m O 2 m 0 " L m • W . • i • t Q N m o • G N CO 01 0 m CO N ❑ Y C f 0 o o 3 ❑ R ° 0 CO 0 0 N 5 e ry co J m 0 ❑ c q Y C 0 0 3 0 a c 0 0 0 0 5 0 N 10 m Niagara f Region REPORT TO: Co- Chairs and Members of the Corporate Services Committee SUBJECT: Retail Business Holidays Act (RBHA) Additional Information RECOMMENDATION That this Committee recommend to Regional Council: That Report CSD 127 -2008, Retail Business Holidays Act, Additional Information, be received for information. EXECUTIVE SUMMARY CSD 127 -2008 October 8, 2008 Regional Council is bound by the Retail Business Holiday Act ( "RBHA ") legislation which regulates retail business exemption applications.. Under the RBHA, Regional Council does not have the authority to allow "wide-open" shopping across the Region or to delegate the authority for approval to any of the area municipal councils. A provision which would allow Regional Council to pass a by -law to "opt out" of the Act has not yet been proclaimed. It is, therefore, the responsibility of the business establishment (individually) or a group' of businesses in a specific area or a local municipality (for a tourist area application) to apply to Regional Council for an exemption under the Act. Since the RBHA was first passed in 1975, there have been 37 by -laws passed by Regional Council to allow retail business holiday exemptions in four local municipalities: Fort Erie, Niagara Falls, Niagara -on- the -Lake and St. Catharines. The municipalities of Grimsby, Lincoln, Pelham, Port Colbome, Thorold, Wainffeet, Welland and West Lincoln have had no exemption applications. It is interesting to note that 31 of the 37 by -laws were passed in 1993 and 1994 with the remaining 6 being passed between 1995 (2), 1998 (1), 2001 (1), 2002 (1), and 2006 (1). NRPS officers visit establishments that may be in violation of the RBHA. Reports are filed and any potential charges are reviewed with the Crown Attorney. The NRPS advises that in 2006 and 2007 there were a number of inquiries made but no charges were laid. Under the RBHA, Regional Council is not required to pass a by -law even if the tourism criteria are met, but may decide to do one of the following: - approve openings on all of the days requested in one or more of the exemption applications; deny openings on all of the days requested in one or more of the exemption applications; or - approve openings on certain days in one or more of the exemption applications. For future consideration, Council may also wish to consider passing a resolution to: - urge the provincial government to proclaim Section 1.2 (1) of the Act to allow Regional Council to pass a by -law to "opt out" of the Act; and /or urge the provincial government to amend the Act to allow Regional municipalities to devolve the authority for exemptions to the lower tier municipalities. FINANCIAL IMPLICATIONS There are no financial implications associated with this report. PURPOSE The purpose of this report is to provide the additional information requested at Council's September 4, 2008 meeting with respect to the Retail Business Holidays Act. BACKGROUND A public meeting, duly advertised in the Niagara Falls Review on August 2, 2008, was held at the Regional Council meeting on Thursday, September 4, 2008, to consider three applications for exemptions under the RBHA for the following businesses: • A &P Food Store, 3770 Montrose Road, Niagara Falls; • Home Depot Canada Inc., 7190 Morrison Street, Niagara Falls; and • Value Village, 6278 Lundy's Lane, Niagara Falls. At the public meeting, two employees of the A &P Store presented a petition signed by 45 employees opposed to the exemption request. by A &P. Mr. Gerald White, Store Manager, spoke in support of the application and responded to questions from Councillors. 2 CSD 127 -2008 October 8, 2008 After some discussion, the following motion was passed: REPORT 'That Report CSD 119 -2008, September 4, 2008, Application for exemption under the Retail Business Holidays Act (the "AM, A & P Food Stores, 3770 Montrose Road, Niagara Falls; Report CSD 120 -2008, September 4, 2008, Application for exemption under the Retail Business Holidays Act (the 'Act's, Home Depot Canada Inc. 7190 Morrison. Street, Niagara Falls and Report CSD 121 -2008, September 4, 2008, Application for exemption under the Retail Business Holidays Act (the 'Act), Value Village, 6278 Lundy's Lane, Niagara Falls, be deferred pending the receipt of a further report at the Corporate Services Committee that takes a holistic approach of the Region and incorporates information from the NRPS as to how they are enforcing the Act and how many charges have been laid in the past" Review of the Leciislation The first version of the Retail Business Holidays Act was passed in 1975 and allowed small stores of several types to be open on the defined holidays (which included December 26 and all Sundays). In that first Act, a single tier or regional municipality could pass a by -law allowing other stores to be open on these holidays. That Act mandated a very simple test ( "where it is essential for the maintenance or development of a tourist industry") and allowed councils to pass by -laws allowing openings "for such periods of time, in such parts of the municipality and under such conditions as are specified in the by -law". Subsequently, although the Supreme Court of Canada struck down the federal Lord's Day Act as unconstitutional in 1985 for infringing on freedom of religion, Ontario Courts upheld the RBHA's Sunday closing requirement as a valid recognition of a "common pause day" which protected retail workers vulnerable to being required to work on holidays. The 1975 Act remained unchanged until 1989 when the requirements for public notice and meetings were introduced. Also, municipal councils were granted wide discretion to allow retail business establishments to be open on the defined holidays. The RBHA was further amended in 1991 to require Councils to "take into account the principle that holidays should be maintained as common pause days ". Also, "tourism criteria" were introduced, which had to be complied with before a council could exempt a retail business establishment from holiday closures. Now the only way a council could consider an exempting by -law was if there was an application by a person or an association representing persons carrying on retail business in the municipality. In summary, the provincial government took back the wide discretion municipalities had enjoyed since 1975 and to "clear the deck ", there was a transitional section which CSD 127 -2008 October 8, 2008 CSD 127 -2008 October 8, 2008 rendered invalid all exemptions passed under the previous more lenient legislation by the end of 1992. Presumably this was to compel retailers to re -apply under the new more stringent "tourism criteria ". The requirement to close on Sunday (except for Easter Sunday) was removed in July, 1993, and December 26 (aka Boxing Day) was removed from the list of holidays in December, 1996. While still a provincial holiday for most workers, the RBHA does not require any Ontario retail business establishment to be closed on Boxing Day. Notwithstanding changes to the RBHA, the Employment Standards Act allows workers to refuse to work on Sundays or on public holidays by giving appropriate notice to their employers. The most recent amendments to the RBHA occurred in 2006 when the City of Toronto was exempted from the RBHA. The unproclaimed sections of the RBHA which would allow other single tier and regional municipalities to exempt themselves from the RBHA were passed December 20, 2006, in the Municipal Statute Law Amendment Act, 2006, (aka Bill 130, which included many changes to the Municipal Act, 2001) but are still not binding law. • According to the Ministry of Government and Consumer Services, there are no current plans to proclaim these sections. For large stores such as the three applicants currently before Council, the "tourism criteria" test has three parts. The retail business establishment must be: 1. within 2 km of a "tourist attraction ", which is defined to mean natural, outdoor recreational, historical, cultural, multi - cultural or educational attractions; AND 2. either "directly associated with the tourist attraction" or "relies on tourists visiting the attraction for business on a holiday"; AND 3. "provide goods or services on holidays primarily to tourists ". This is a restrictive test to meet although the interpretation of the RBHA is complicated by the fact that the term "tourist" is not defined, leaving open whether tourists are people from outside the immediate area, local municipality or region. Ultimately, Regional Council is bound by the RBHA legislation and does not have the authority to allow "wide -open" shopping across the region or to delegate the authority for approval to any or all of the area municipal councils. The amendment which would allow Regional Council to pass a by -law to "opt out" of the RBHA has not yet been proclaimed. It is therefore, the responsibility of the business establishment (individually) or a group of businesses in a specific area or the local municipality (for a tourist area application) to apply to Regional Council for an exemption under the RBHA. Exemption Applications in Niagara The following table shows that from 1993 to date, there have been 37 by -laws passed by Regional Council to allow retail business holiday exemptions in four of our local municipalities: Fort Erie, Niagara Falls, Niagara -on- the -Lake and St. Catharines. The 4 CSD 127 -2008 October 8, 2008 municipalities of Grimsby, Lincoln, Pelham, Port Colborne, Thorold, Wainfleet, Welland and West Lincoln have had no exemption applications. It is interesting to note that 31 of the 37 by -laws were passed in 1993 and 1994, with the remaining 6 being passed in 1995 (2), 1998 (1), 2001 (4 2002 (1) and 2006 (1). Fort Erie Within the Town Niagara Falls Within the City Niagara -on -the Lake Old Town Queenston Area Within the Town St. Catharines Port Dalhousie Total Number of B -laws 19 2 1 31 Area Wide 1 1 3 1 6 Area wide exemptions in the table refer to retail businesses under 2400 square feet with less than 4 employees that did not meet the "tourism criteria" exemptions of the Act. Area Municipal Clerks A poll of local Area Municipal Clerks confirmed the information presented in the table with some noting that inquiries about exemptions have been infrequent for some time. Others pointed out that some of the exemption by -laws no longer apply as the business has either closed or relocated or new exemptions have been applied for. A letter from Dean lorfida, Clerk, City of Niagara Falls, providing comments on the three exemption applications is attached for information. City of Toronto. With the proclamation of the City of Toronto Act, 2006, the Retail Business Holidays Act no longer applied to Toronto retailers and, as a temporary measure, Toronto Council passed a by -law to maintain the status quo regulatory framework. Toronto Council also instructed the General Manager of Economic Development, Culture and Tourism (EDCT) to undertake a consultative process seeking input from the general public, retail industry, retail sector employees, small business interests, BIA's and the tourist industry with respect to policy options on the regulation of holiday r Summary CSD 127 -2008 October 8, 2008 shopping and to report back to the Economic Development Committee recommending a new regulatory framework. The EDCT was conscious of the need to establish a regulatory framework that would strike a balance among a range of public interests and included consideration of "common pause days ", tourism development benefits, the principle of providing a level playing field to all retailers, convenience, emergency purchases and developing clear regulations that enable an efficient administrative process. There was also recognition that changing the regulatory framework governing holiday shopping within Toronto would create regional differences within Ontario that may be confusing to the public and retailers and could pressure other municipalities into designating more of their shopping districts as "tourism area exemptions" to avoid losing competitive advantage to Toronto. Based on the analysis of the issues and public input process where a majority supported holiday openings, staff recommended that stores be allowed to open on all designated holidays except for Christmas Day, between the hours of 11:00 a.m. and 6:00 p.m. On March 4, 2008, Toronto City Council voted to maintain the current by -law regulating holiday shopping, stating a concern that though a majority appeared to support openings, a significant minority were opposed. However, it should be noted that the areas in Toronto that still have their previously - granted exemptions included the Eaton Centre, the Bay Queen Street Store, the Queen's Quay Terminal, the Downtown Yonge BIA, the Bloor Yorkville BIA and the Distillery District. Whether the decision made by the City of Toronto Council will affect exemption applications in other municipalities across the province, or whether it will delay the proclamation of section 1.2 (1) of the RBHA Act is unknown. Niagara Regional Police The Niagara Regional Police advised that NRPS officers visit establishments that may be in violation of the Act. Reports are filed and furtherance of any charges are reviewed with the Crown Attomey. In 2006 and 2007, there were a number of inquiries made but no charges were laid. This additional information has been provided, as requested at Regional Council's September 4, 2008 meeting to assist Council in their consideration of the exemption applications under the Retail Business Holidays Act in reports CSD 119 -2008, CSD 120- 2008 and CSD 121 -2008. Under the legislation, Regional Council is not required to pass a by -law even if the tourism criteria are met, but may decide to do one of the following: - approve openings on all of the days requested in one or more of the exemption applications; or - deny openings on all of the days requested in one or more of the exemption applications; or - approve openings on certain days in one or more of the exemption applications. Council may also wish to consider passing a resolution to: • urge the provincial government to proclaim section 1.2 (1) of the Act to allow Regional Council to pass a by -law to "opt out' of the Act; and /or - urge the provincial government to amend the Act to allow Regional municipalities to devolve the authority for exemptions to the lower tier municipalities. Submitted by: Approved by: John Bergsma Mike Trojan Commissioner of Corporate Services Chief Administra ' - Officer This report was prepared by Pam Gilroy, Regional Clerk, and Elizabeth lsajiw, Legal Counsel, Legal Services, and reviewed by Michael Kyne, Director of Legal Services. Attachment: Letter from D. lorfida, City Clerk, City of Niagara Falls CSD 127 -2008 October 8, 2008 Ms. Pam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: NiagaraJalls September 8, 2008 RECEIVED SEp 1 1 2008 Niagara Region Clerk's Office Original to: COPA Chas corn Se`� Councillors — Corp. Ser. CAO HR. Leg. Asst. _ Planning - -- Legal Public Health CMT public Works HRH _ File Date -_ Initials IP Re: Tourist Exemption for Statutory Holidays under the Retail Business Holidays Act for Value Village, 6278 Lundy's Lane A & P Food Store, 3770 Montrose Road and Home Depot, 7190 Morrison Street Thank you for opportunity to provide comments regarding the applications noted above. It is my understanding that Regional Council deferred "decisions on these applications to receive more information on the effect of granting these exemptions, the effect of having a blanket exemption throughout the Region and the amount of' enforcement that has occurred to date. As the emanating municipality for the three most recent, and above- mentioned, requests, we are surprised that the Regional Council deferred a decision. This writer is unaware of any tourist exemption applications that have been denied in recent memory. In fact, Regional Council already approved an exemption that allowed the A &P Food Store to be open on Victoria Day, Canada Day, Labour Day and Thanksgiving Day. Their current request merely asks to add some additional days: New T'ear's Day, Family Day, Good Friday and Easter Sunday. It is also surprising that as part of the process for a tourist exemption, the requesting store has to approach the lower -tier municipality for "sign off' first. If Regio a1J ouiieiI has no intention of considering the wishes of the host Council wh d these bus' E }.," to the process of seeking the host Council approval? The writer offers the following comments on why the three above - mentioned requests should be approved and some general comments 011 the tourist :exemptions, in general: Z'.db. V )'. orporate Services Department Jerks 4271 Fax 905- 356 -9083 iortda ©n iagarafal(s.ca -2- ✓ Niagara Falls is a tourist community that hosts more than 14 million visitors a year. Many businesses to date have received tourist exemptions while others fall under categories already exempt under the Act such as small retail stores, phannacies, newspaper stands, fresh fruit vendors, flower /garden centres, restaurants, liquor stores and, most important, businesses that are open for the development or maintenance of tourism. ✓ As a result in Niagara Falls, it is often difficult to determine which businesses have the legal right to be open on a statutory holiday or not. The writer would hazard guesses that there have been no complaints about businesses illegally open in Niagara Falls on statutory holidays and no charges have been laid in Niagara Falls in recent years. ✓ Tourists expect services to be open when they travel to Niagara Falls, especially on statutory holidays that have no cultural significance to them such as Civic Holiday, Victoria Day and Family Day. ✓ With GPS units and intemet direction sites like Mapquest, tourists now are more likely to venture outside of the tourist core into the community looking for services and amenities. ✓ Although some of the tourist exempt businesses in Niagara Falls are more than2 kilometres from the actual Falls, Niagara Falls has a variety of other tourist attractions such as golf courses, theme parks and historical sites. As a result, a number of businesses outside of the tourist core sell their goods and services to tourists. ✓ Granting tourist exemptions to additional businesses in Niagara Falls is not a "cultural" or philosophical shift. The residents of our community are used to businesses being open on statutory holidays. ✓ With a large tourism industry, the City of Niagara Falls has many workers in the service sector, who are used to working on Sundays and statutory holidays. Employees have the right to refuse to work on these days, while many avail themselves to the opportunity to collect a premium wage on these days. ✓ The opening of three additional businesses in Niagara Falls on a statutory holiday will have little impact on other municipalities in the Region. A business like Home Depot wants to be open in Niagara Falls on a statutory holiday because there is a critical mass. On any given day in the summer, our community hosts between 50,000 and 100,000 visitors. It is doubtful that Home Depot would open on a statutory holiday in a smaller community that would have less traffic on such a day. ✓ It should be noted that the City of Toronto has talked about doing away with any restrictions on openings on statutory holidays. Clearly, in atourist community like Niagara Falls, where many businesses are already legally open on statutory holidays, there seems to be less of a desire to maintain the former "pause" days. - 3 - I trust the above information will be helpful for Regional Council in their deliberations. I have attached the rationale provided in the past for the justification of statutory holiday opening for the three businesses making applications. c. His Worship Mayor Ted Salci Serge Felicetti, Director of Business Development Gerald White, A &P Food Store Sheila Fildes, Home Depot Canada Inc Tony Sera, Value Village Sincerely, 9 ii c Io City Clerk Working Together 0 Serve Our Community, c Ms. Tam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: NiagarajlcccIls June 24, 2008 Re: Tourist Exemption for Statutory Holidays under the Retail Business Holidays Act for A & P Food Store, 3770 Montrose Road and Home Depot, 7190 Morrison Street Thank you for the notice that the above -noted establishments have made application for a tourist exemption for statutoryholidays under the Retail Business Holidays Act through the Region. As has been past practice, the requests were forwarded to Niagara Falls City Council for comment. At their meeting of June 23`x; Niagara Falls City Council supported the tourist exemption for Statutory Holidays for both applications. In the case of the A&P Food Store, Council has supported the exemption request in the past and has no concerns with the establishment opening on additional statutory holidays. With regard to Home Depot, Niagara Falls City Council supports the notion that this business will provide necessary services for the tourist industry and camping and RV markets. It should be noted that. the City of Toronto has talked about doing away with any restrictions on openings on statutory holidays. Clearly, in a tourist community like Niagara Falls, where many businesses are already legally open on statutory holidays, there seems to be less of a desire to maintain the former "pause" days. Dean Iovfida City Clerk c. Gerald White, A&P Food Sheila Fildes, Home r } _ - anada Inc. Working Together to Serve Our Community Corporate Services Department Clerks Ext 4271 Fax 905 - 356 -9083 diorfida©nlagarafalis.ca REPORT TO: Peter Partington, Regional Chair and Members of Council SUBJECT: Application for Exemption under the Retail Business Holidays Act Value Village, 6278 Lundy's Lane, Niagara Falls RECOMMENDATION Niagara.," Region CSD 121 -2008 September 4, 2008 That Report CSD 121 -2008, Application for exemption under the Retail Business Holidays Act (the "Act "), Value Village, 6278 Lundy's Lane, Niagara Falls, be received; and That the exemption be approved to permit the business known locally as Value Village to be open on Family Day, Victoria Day , Canada Day, Labour Day and Thanksgiving Day from 10:00 a.m. — 6:00 p.m. for the maintenance or development of tourism; and That the Regional Clerk be directed to ensure that the appropriate by -law is prepared for presentation to Regional Council. EXECUTIVE SUMMARY The business known locally as Value Village located at 6278 Lundy's Lane in the City of Niagara Falls, applied for an exemption under the Retail Business Holidays Act to be open on Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving Day from 10:00 a.m. — 6:00 p.m. This application was processed in accordance with Regional procedures and the applicant has set out that it meets the statutory criteria of the Act. A Notice was published in the Niagara Falls Review on Saturday August 2, 2008, advising that a public meeting would be held on Thursday September 4, 2008 at 7:00 p.m. in the Council Chamber of the Regional Municipal Building. FINANCIAL IMPLICATIONS None. The application fee covers the administration and advertising costs. PURPOSE The purpose of this report is to seek approval for the passage of a by -law to permit the business known locally as Value Village located at 6278 Lundy's Lane to be open on Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving Day from 10:00 a.m. — 6:00 p.m. for the maintenance or development of tourism. 1 BACKGROUND Under the Retail Business Holidays Act, no retail businesses may sell any goods or services or admit members of the public on a holiday, subject to certain exemptions. One such exemption in the Act authorizes a municipality to pass by -laws permitting retail business establishments to be open on holidays for the maintenance or development of tourism, as long as there is compliance with the tourism criteria set out in the regulation, which include being located within 2 km of a tourist attraction, relying on tourists visiting the attraction for business on a holiday and providing goods or services on holidays primarily to tourists (as set out in O.Reg. 711/91). REPORT The business known locally as Value Village applied for an exemption to the Retail Business Holidays Act which would permit the store to be open on Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving Day from 10:00 a.m. — 6:00 p.m. for the maintenance or development of tourism. The application was processed in accordance with the Regional procedures and the applicant has set out that it meets the statutory criteria of the Act. A Notice was published in the Niagara Falls Review on Saturday August 2, 2008, advising that a public meeting would be held on Thursday September 4, 2008 at 7:00 p.m. in the Council Chamber of the Regional Municipal Building, and persons who attended would be given an opportunity to make representation regarding the proposed by -law. A letter was received from the Clerk of the City of Niagara Falls advising that City Council, had formally passed a motion supporting the said application for a tourism exemption. A copy of the letter is attached to this report. Submitted by: Approved by: Mike Trojan orporate Services Chief Administrative O CSD 121 -2008 September 4, 2008 This report was prepared by Pam Gilroy, Regional Clerk, and reviewed by Elizabeth Isajiw, Legal Counsel, Legal Services, Corporate Services Department. Attach. Letter from City of Niagara Falls 2 • Ms. Pam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: c. Tony Serra, General ;'Value Village Niagarafffgs May 9, 2008 Re: Support of Tourist Exemption Under the Retail Business Holidays Act for Value Village, 6278 Lundy's Lane It has come to our attention that the Value Village, a retail store, located 6278 Lundy's Lane will be approaching Regional Council to seek a tourist exemption under the Retail Business Holidays Act, through the upper -tier municipality. As has been past practice; "sign off' is usually requested from the lower -tier municipality. As a result, at our most recent meeting, Niagara Falls City Council passed a motion supporting the tourism exemption sought by Value Village. Some of the justifications for supporting the exemption include: .f The store is located within 2 km of a tourist attraction. .F Many of the store's patrons, especially in the summer months, are tourists. In Niagara Falls, tourism exemptions have been granted to various establishments, like supermarkets, that arguably cater more to locals than tourists; ✓ Value Village is located at the busy Drummond Road and Lundy's Lane intersection. Most of the neighbouring businesses, including hotels, restaurants, fast food franchises and a pharmacy, are already permitted to be open on statutory holidays. Regional Council's approval of the exemption is respectfully requested. Please include this correspondence when the matter comes forward for consideration. Sincerely, can Io da City Clerk Working Together to Serve Our Community Corporate Services Department Clerks Ext 4271 Fax 905-356-9083 diorfida ©niagarafalls. ca Niagara.," Region REPORT TO: Peter Partington, Regional Chair and Members of Council CSD 119 -2008 September 4, 2008 SUBJECT: Application for Exemption under the Retail Business Holidays Act A & P Food Store, 3770 Montrose Road, Niagara Falls RECOMMENDATION That Report CSD 119 -2008, Application for exemption under the Retail Business Holidays Act (the "Act "), A & P Food Stores, 3770 Montrose Road, Niagara Falls, be received; and That the exemption be approved to permit the business known locally as A & P Food Store to be open on Family Day, New Years Day, Good Friday and Easter Sunday for the maintenance or development of tourism; and That the Regional Clerk be directed to ensure that the appropriate by -law is prepared for presentation to Regional Council. EXECUTIVE SUMMARY The business known locally as A & P Food Store located at 3770 Montrose Road in the City of Niagara Falls, applied for an exemption under the Retail Business Holidays Act to be open on Family Day, New Years Day, Good Friday and Easter Sunday. On June 6, 2002, Regional Council approved an exemption for this business for Victoria Day, Canada Day, Labour Day and Thanksgiving Day (By -law 60- 2002). This current application seeks an exemption for additional holiday openings. This application was processed in accordance with Regional procedures and the applicant has set out that it meets the statutory criteria of the Act. A Notice was published in the Niagara Falls Review on Saturday August 2, 2008, advising that a public meeting would be held on Thursday September 4, 2008 at 7:00 p.m. in the Council Chamber of the Regional Municipal Building. FINANCIAL IMPLICATIONS None. The application fee covers the administration and advertising costs. PURPOSE The purpose of this report is to seek approval for the passage of a by -law to permit the business known locally as A & P Food Store located at 3770 Montrose Road, Niagara Falls to be open on Family Day, New Years Day, Good Friday and Easter Sunday for the maintenance or development of tourism. 1 BACKGROUND Under the Retail Business Holidays Act, no retail businesses may sell any goods or services or admit members of the public on a holiday, subject to certain exemptions. One such exemption in the Act authorizes a municipality to pass by -laws permitting retail business establishments to be open on holidays for the maintenance or development of tourism, as long as there is compliance with the tourism criteria set out in the regulation, which include being located within 2. km of a tourist attraction, relying on tourists visiting the attraction for business on a holiday and providing goods or services on holidays primarily to tourists (as set out in O.Reg. 711/91). On June 6, 2002, Regional Council approved an exemption for this business for Victoria Day, Canada Day, Labour Day and Thanksgiving Day (By -law 60- 2002). This current application seeks an exemption for additional holiday openings. A copy of By -law 60 -2002 is attached to this report. REPORT The business known locally as A & P Food Store applied for an exemption to the Retail Business Holidays Act which would permit the store to be open on Family Day, New Years Day, Good Friday and Easter Sunday for the maintenance or development of tourism. The application was processed in accordance with the Regional procedures and the applicant has set out that it meets the statutory criteria of the Act. A Notice was published in the Niagara Falls Review on Saturday August 2, 2008, advising that a public meeting would be held on Thursday September 4, 2008 at 7:00 p.m. in the Council Chamber of the Regional Municipal Building, and persons who attended would be given an opportunity to make representation regarding the proposed by -law. A letter was received from the Clerk of the City of Niagara Fails advising that City Council, had formally passed a motion supporting the said application for a tourism exemption, and requesting Regional Council's support. A copy of the letter is attached to this report. Submitted by: Approved by: 51/ Bohn Ber s 9 Commissi6ner of Corporate Services Chief Administrative Officer This report was prepared by Pam Gilroy, Regional Clerk, and reviewed by Elizabeth lsajiw, Legal Counsel, Legal Services, Corporate Services Department Attach. Letter from City of Niagara Falls and By -law 60 -2002 2 CSD 119 -2008 September 4, 2008 Y Mike Trojan RECEIVED JUL 0 7 2008 . REGIONAL IA G A UN�ICIPALITY LEGAL SERVICES Ms. Pam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: NiagaraJalls June 24, 2008 Re: Tourist Exemption for Statutory Holidays under the Retail Business Holidays Act for A & P Food Store, 3770 Montrose Road and Home Depot, 7190 Morrison Street Thank you for the notice that the above -noted establishments have made application for a tourist exemption for statutory holidays under the Retail Business Holidays Act through the Region. As has been past practice, the requests were forwarded to Niagara Falls City Council for comment. At their meeting of June 23' Niagara Falls City Council supported the tourist exemption for Statutory Holidays for both applications. In the case of the A &P Food Store, Council has supported the exemption request in the past and has no concems with the establishment opening on additional statutory holidays. With regard to Home Depot, Niagara Falls City Council supports the notion that this business will provide necessary services for the tourist industry and camping and RV markets. It should be noted that the City of Toronto has talked about doing away with any restrictions on openings on statutory holidays. Clearly, in a tourist community like Niagara Falls, where many businesses are already legally open on statutory holidays, there seems to be less of a desire to maintain the former "pause" days. c. Gerald White, A &P Food Sheila Fildes, Home_. E,e `t anada Inc. Sincerely, Dean City Clerk da Working Together to Serve Our Community RECEIVED JUN 2 6 790ff Niagara Region Clert's Office • Original to: Cfeel( 7Sst Chair Councillors _--_ CAO Leggall r CMT , �u G-ac,:.4i Comas Ser. Corp Su. — HR �. Planting — Public Health Public Works _ Rik Initials tAS Corporate Services Departnk Clerks Ex14271 Fax 905- 356 -9083 diorfidai niagarafalls.ca Bill 61 THE REGIONAL MUNICIPALITY OF Niagara Region BY -LAW NO. 60 -2002 A BY -LAW TO PERMIT A & P SUPERFRESH FOOD STORE, AT 3770 MONTROSE ROAD, CITY OF NIAGARA FALLS TO BE OPEN ON CERTAIN HOLIDAYS FOR THE MAINTENANCE OR DEVELOPMENT OF TOURISM WHEREAS pursuant to section 4(1) of the Retail Business Holidays Act, R.S.O. 1990, Chapter R.30, as amended, the Council of the Regional Municipality of Niagara may by by -law permit retail business establishments in the Region to be open on holidays for the maintenance or development of tourism; and WHEREAS Regional Council has taken into account the principle that holidays should be maintained as common pause days; and WHEREAS there is compliance with the tourism criteria set out in the regulations made under section 4 of the Retail business Holidays Act; and WHEREAS application has been made by certain persons carrying on retail business in the region; and WHEREAS Regional Council has considered the written material submitted in support of the application; and WHEREAS Regional Council has held a public meeting in respect of this by -law; and WHEREAS Regional council has published notice of the public meeting in a newspaper having general circulation in the Municipality at least thirty (30) days before the meeting was held; and WHEREAS the named retail business establishment which is the subject of this by -law is located within two (2) kilometres of a tourist attraction or relies on tourists visiting the attraction for business on a holdiay; THEREFORE the Council of the Regional Municipality of Niagara enacts as follows: 1. The following retail business establishment in the City of Niagara Falls . may open on Victoria Day, Canada Day, Labour Day and Thanksgiving Day. A & P Superfresh Food Store, 3770 Montrose Road, Niagara Falls 2. This by -law shall come into force and take effect, subject to an appeal under section 43 of the Retail Business Holiday Act, on the thirty -first day after it is passed.. Passed: June 6, 2002 THE REGIONAL MUNICIPALITY OF NIAGARA (Debbie M. Zi • &an, Regional Chair) (Thomas R. Hollick, Regional Clerk) REPORT TO: Peter Partington, Regional Chair and Members of Council CSD 120 -2008 September 4, 2008 Niagarairl Region SUBJECT: Application for Exemption under the Retail Business Holidays Act Home Depot Canada Inc, 7190 Morrison Street, Niagara Falls RECOMMENDATION That Report CSD 120 -2008, Application for exemption under the Retail Business Holidays Act (the "Act "), Home Depot Canada Inc. 7190 Morrison Street, Niagara Falls, be received and That the exemption be approved to permit the business known locally as Home Depot to be open on Family Day, Canada Day, Victoria Day, Easter Sunday and any other holidays as may be proclaimed in the future by the Lieutenant Governor from 7:00 a.m. — 5:00 p.m. for the maintenance or development of tourism; and That the Regional Clerk be directed to ensure that the appropriate by -law is prepared for presentation to Regional Council. EXECUTIVE SUMMARY The business known locally as Home Depot Canada Inc. 7190 Morrison Street in the City of Niagara Falls, applied for an exemption under the Retail Business Holidays Act to be open on Family Day, Canada Day, Victoria Day, Easter Sunday and any other holidays as may be proclaimed in the future by the Lieutenant Governor from 7:00 a.m. — 5:00 p.m. This application was processed in accordance with Regional procedures and the applicant has set out that it meets the statutory criteria of the Act. A Notice was published in the Niagara Falls Review on Saturday August 2, 2008, advising that a public meeting would be held on Thursday September 4, 2008 at 7:00 p.m. in the Council Chamber of the Regional Municipal Building. FINANCIAL IMPLICATIONS None. The application fee covers the administration and advertising costs. 1 PURPOSE The purpose of this report is to seek approval for the passage of a by -law to permit the business known locally as Home Depot Canada Inc. 7190 Morrison Street, Niagara Falls to be open on Family Day, Canada Day, Victoria Day, Easter Sunday and any other holidays as may be proclaimed in the future by the Lieutenant Governor from 7:00 a.m. — 5:00 p.m. for the maintenance or development of tourism BACKGROUND Under the Retail Business Holidays Act, no retail businesses may sell any goods or services or admit members of the public on a holiday, subject to certain exemptions: One such exemption in the Act authorizes a municipality to pass by -laws permitting retail business establishments to be open on holidays for the maintenance or development of tourism, as long as there is compliance with the tourism criteria set out in the regulation, which include being located within 2 km of a tourist attraction, relying on tourists visiting the attraction for business on a holiday and providing goods or services on holidays primarily to tourists (as set out in O.Reg. 711/91). REPORT The business known locally as Home Depot Canada Inc. applied for an exemption to the Retail Business Holidays Act which would permit the store to be open on Family Day, Canada Day, Victoria Day, Easter Sunday and any other holidays as may be proclaimed in the future by the Lieutenant Governor from 7:00 a.m. — 5:00 p.m. for the maintenance or development of tourism. The application was processed in accordance with the Regional procedures and the applicant has set out that it meets the statutory criteria of the Act. A Notice was published in the Niagara Falls Review on Saturday August 2, 2008, advising that a public meeting would be held on Thursday September 4, 2008 at 7:00 p.m. in the Council Chamber of the Regional Municipal Building, and persons who attended would be given an opportunity to make representation regarding the proposed by -law. A letter was received from the Clerk of the City of Niagara Falls advising that City Council had formally passed a motion supporting the said application for a tourism exemption. A copy of the letter is attached to this report. Submitted by: n Berg Commis Mike Trojan orporate Services Chief Administrative 2 Approved by: CSD 120 -2008 September 4, 2008 This report was prepared by Pam Gilroy, Regional Clerk, and reviewed by Elizabeth lsajiw, Legal Counsel, Legal Services, Corporate Services Department. Attach. Letter from City of Niagara Falls RECEIVED JUL 072008 THE REGIO NIAGARA IPALITY LEGAL SERVICES Ms. Pam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: June 24, 2008 Niagara alls RECEIVED JUN 2 6 26 (CANADA Re: Tourist Exemption for Statutory Holidays under the Retail Business Holidays Act for A & P Food Store, 3770 Montrose Road and Home Depot, 7190 Morrison Street Dean City Clerk c. Gerald White, A &P Food Sheila Fildes, Home D: ec anada Inc. Working Together to Serve Our Community Tliaaara Region Clerk's Office - Original to: G1ecw 7S, Clair Councillors _ CAO Leg CMT , NA8 Date 6-as Comm Ser. Corp Ser. HR Planting Public Health — Public Welts File initials. Thank you for the notice that the above -noted establishments have made application for a tourist exemption for statutory holidays under the Retail Business Holidays Act through the Region. As has been past practice, the requests were forwarded to Niagara Falls City Council for comment. At their meeting of June 23' Niagara Falls City Council supported the tourist exemption for Statutory Holidays for both applications. In the case of the A &P Food Store, Council has supported the exemption request in the past and has no concerns with the establishment opening on additional statutory holidays. With regard to Ethma Depot Niagara Falls City Council supports the notion that this business will provide necessary services for the tourist industry and camping and RV markets. It should be noted that the City of Toronto has talked about doing away with any restrictions on openings on statutory holidays. Clearly, in a tourist community like Niagara Falls, where many businesses are already legally open on statutory holidays, there seems to be less of a desire to maintain the former "pause" days. Corporate Services Department Clerks Ext4271 Fax 905- 356 -9083 diorfida @niagarafalls.ca Aldridge, Elaine From: Marcia tltomar @cogeco.ca] Sent: Monday, November 03, 2008 1:39 PM To: Chairman Dear Mr. Partington: With regard to discussion of the request of several stores in the Niagara Region to open on STATUTORY HOLIDAYS in Ontario. You are earnestly requested to refuse this request. Many of the terrible problems in our society are due to the current undermining of family life. How can parents raise their children with moral values when they have not time to spend together! Once you grant the opening of a few stores on statutory holidays, it will quickly mushroom and the damage will be irrevocable. Sincerely, a concerned citizen, Mrs. Marcia Kowal ltomar @cogeco.com 2008 -11 -03 Page 1 of 1 RECEIVED I;L 0 4 2000 Niagara Region Clerk's Office Original to: COP Chair _ Comm Ser. _ Councillors _ Corp Ser. CAO HR Leg. Asst. _ Planning Legal _ Public Health CMT _ Public Works NRH — File Date initials ea November 4, 2008 Telephone call received by Pam Gilroy, Regional Clerk for the Regional Municipality of Niagara from Ms. P. Hurley who is in favour of tourism exemptions in Niagara. Pam Gilroy, Pam From: annette urlocker ludockerannette @hotmail.com] Sent: Tuesday, November 11, 2008 1:10 PM To: Gilroy, Pam Subject: application I have just heard about the appliation from Niagara Falls Home Depot, Value Village and the A &P re wanting to open on a number of statuatory holidays for, of ALL THINGS, tourism purposes. Maybe it Is a joke ? ? ?? If not a joke, then it is really a stretch to think that I would come to Niagara Falls to shop at any of these stores, particularly on a holiday. In,fact as a Niagara resident it is an insult to think that there is not enough things to do in Niagara that you would want to spend time at Home Depot, Value Village or the A &P. I certainly hope that this application will not comsume any valuable time that could be spent an things what would be of real value to the community. Annette Urlocker St. Catharines 905 684 1983 Turn email contacts into buddies, and you could win, Enter today. 2008 -11 -13 CSC 61 -2008 Page 1 of 1 Aldridge, Elaine From: mikecl5 @cogeco.net Sent: Monday, November 10, 2008 7:53 AM To: Partington, Peter Cc: mjjebb @gmail.com Subject: Fwd: STATUTORY HOLIDAY EXEMTION Message Forwarded on Mon, 10 Nov 2008 08:51:19 -0400 From: Michael Jebb <mjjebb @gmail.com> To: brian.heit @niagararegion.ca, tim.rigby @niagararegion.ca, bmcmullan @stcatharines.ca, bruce.timms @niagararegion.ca, michael.collins @niagararegion.ca, judy.casselman @niagararegion.ca, ronna.katzman @niagararegion.ca Subject: STATUTORY HOLIDAY EXEMTION Date: Sun, 9 Nov 2008 21:16:08 -0500 I 'VERY STRONGLY' OPPOSE TOURISM EXEMPTION REQUESTS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS. EVERY PERSON NEEDS TIME OFF TO BE WITH FAMILY ON THOSE DAYS THAT ARE MEANINGFUL FOR FAMILIES. ALLOWING SOME STORES TO OPEN ON STATUTORY HOLIDAYS PUTS GREAT PRESSURE ON OTHER STORES WHO DO NOT WISH TO OPEN. PUT ALL STORES ON THE SAME FOOTING - KEEP THE STATUTORY HOLIDAYS FOR WHAT THEY WERE INTENDED. DO NOT HE PRESSURED INTO PASSING THIS - IF YOU DO IT WILL BE THE THIN - EDGE -OF -THE WEDGE. PLEASE REGISTER MY NEGATIVE VOTE ON THE APPLICATION FROM THE NIAGARA FALLS HOME DEPOT, THE NIAGARA FALLS VALUE VILLAGE AND THE A &P, MONTROSE AND THOROLDSTONE RD TO GET'AN EXEMPTION ON THE STATUTORY HOLIDAYS OPENING FOR TOURISM PURPOSES. Michael Jebb Second Ave. St. Catharines RECEIVED NOV 1 0 2006 NiaaRg otr Cier,.'s O. nn. Iq Original Chair Comm Ser. Councillors ____ Corp. Ser. CAO — HR Leg. Asst. Planning Legal _ Public Health CbiT _ Public Works NRH _ File Date • Initials I�q� Bowman, Kimberly om: Larry Savage [Isavage @brocku.caj sent: Friday, November 14, 2008 10:34 AM To: Gilroy, Pam Subject: Give retail workers a break Hello, I am hoping you can forward this e -mail to my Regional Councillors in St. Catharines. I want them to know that I am opposed to opening the floodgates for applications from Niagara's shopping plazas and large chain stores to eliminate statutory holidays for retail employeees. The labour movement worked too hard to win statutory holidays to have governments help employers roll them back in the name of the almighty dollar. Retail workers deserve a break like everyone else - to spend time with their families and friends. Please don't take that away from them. Larry Savage President St. Catharines and District Labour Council October 28, 2008 Regional Chair and Councilors 2201 St. David's Road, West Thorold, ON L2V 4T7 Dear Sir: I oppose Tourism Exemption requests to open Niagara's stores on Statutory Holidays. Sincerely yours, Michelle Chmay 68 Mohawk Drive St. Catharines, ON L2R IC3 RECEIVED FC 0 3 2000 Niagara R v ion Clerk's Office Original to: ( Q1.a. Chair _ Cont Ser. Councillors — Corp S , .° CAO Leg. Asst _ P'anni ; Legal __ Public clealth CMT Puhtic Works NRA Date _ halals October 28, 2008 Regional Chair and Councilors 2201 St. David's Road, West Thorold, ON L2V 4T7 Dear Sir: I oppose Tourism Exemption requests to open Niagara's stores on Statutory Holidays Sincerely yours, Nancy Chmay 68 Mohawk Drive St. Catharines, ON L2R 1C3 RECEIVED 0 3 2000 Niagara Region Clerk's Office Original to: ( Chair __. Comm Ser. .� Councillors rorp Set CAO AR Leg. Asst. _ Planning Legal — Public }1 alth CMT ._ Public Works — NRH _ File Date _ Initials ale October 28, 2008 Regional Chair and Councilors 2201 St. David's Road, West Thorold, ON L2V 4T7 Dear Sir: I oppose Tourism Exemption requests to open Niagara's stores on Statutory Holidays. Sincerely yours, 0 / V 1/2 7 Brian Chmay 68 Mohawk Drive St. Catharines, ON L2R 1C3 RECEIVED WV NOV 0 3 2008 Niagara Reggiign Clerk's Office Original to: I:Y Chair Comm Ser. ...— Councillors _ Corp. Ser. CAO _ HR __-- Leg. Asst: _ Planning Legal — Public Health CMT — t vblic Works NRH _ Fi'e Date initl2JS October 28, 2008 Regional Chair and Councilors 2201 St. David's Road, West Thorold, ON L2V 4T7 Dear Sir: I oppose Tourism Exemption requests to open Niagara's stores on Statutory Holidays. Sincerely yours, Michael Chmay 68 Mohawk Drive St. Catharines, ON L2R 1C3 RECEIVED NOV 0 3 2008 INjiae tra Re i , i C e 's Ofic Original • Chair _ Corn n Ser. Councillors _ Corp Si °. CAO _ HR Leg. Asst. ` Planning Legal Public Health CMT Public Works _ NRH _ File Date lnfflals Gilroy, Pam From: gillard1978 @sympatico.ca Sent: Tuesday, October 28, 2008 11:49 AM To: Gilroy, Pam Subject: RETAIL HOLIDAYS Please forward this petition to Peter Partington and members of the Regional Council. I OPPOSE TOURISM EXEMPTION REQUESTS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS." Page 1 of 1 Gilroy, Pam From: Jim Salmon (jsalmonl5 @cogeco.ca] Sent: Tuesday, October 28, 2008 2:41 PM To: Gilroy, Pam Subject: Tourism exemptions I would like to express my opposition to granting tourism exemptions for Home Depot, Value Village and A & P at Montrose & Thorold Stone Road, Niagara Falls, ON. that would allow them to open on a number of Ontario statutory holidays. I -would be grateful if you could pass along my views to Chairman Peter Partington and members of Regional Council before they vote on this issue sometime in November 2008. Thank you, Jim Salmon 19 Woodcrest Drive St. Catharines, ON L2T 2Y2 905- 988 -6442 Jsalmonl5 @cogeco.ca October 28, 2008 Regional Chair and Councilors 2201 St. David's Road, West Thorold, ON L2V 4T7 Dear Sir: I oppose Tourism Exemption requests to open Niagara's stores on Statutory Holidays. Sincerely yours, Margaret Leane 540 Lake St. St. Catharines, ON L2N 4H8 RECEIVED OCT 3 0 2008 Original to: a Chair _ Corm Ser Councillors • _ C'o*p C PS. --- CAO — t Leg. Asst. _. Planning Legal _-- Public Health — CMT _ Pub'ic Works _ NRH — File Date _.Initials • Phone: 905-685-5911 Fax: 905- 682 -5959 October 28, 2008 Regional Chair and Councilors 2201 St. David's Road, West Thorold, ON L2V 4T7 Dear Sir: I oppose Tourism Exemption requests to open Niagara's stores on Statutory Holdidays. Sincerely yours, Rev. Msgr. M. . Schaefer, P.H. Pastor MJS /nec ST. DENIS CHURCH 230 LAKE STREET ST. CATHARINES, ON L2R 5Z3 RECEIVED NOV 0 3 2008 Niagar , nitlerk's Office Original to: at AA., Chair Comm Ser Councillors Corp S'r. _— CAO HD Leg. As.t. Planning Legal — Public Walth CNMT Public Works _._. NRH rile Date _ 10: :14 OQt 27, 2O-0. l e-Re j ° &j Ch o r nd Coun &It r Do Roa-d Oast 11 O. L V La • , \ \t \ , " ,f )‘ ;` , N., 9 ffr V\.) 14a 0_ ofrosRri nn E xcrnto eCipteiSfIS +0 open 0, aro,' s On StochAforaj 1+1; Jai s L- OCu:n.,2) jq curt} s" ack, fir--; ckri d • st c_citimar; ne<s On . La rY) 2 RECEIVED 601 3 0 2008 Nagma Rcpion Clerk's Office. Original to: 0 , Chau enrol Ser. Councillors roll) cn CAO HR Leg. Asst. PflininF Legal Public 14- GAT Public Works NRH File Date inN-.1s CIE Gilroy, Pam From Edmond Helstab [edmondhelstab ©cogeco.ca] Sent: Monday, October 27, 2008 12:14 PM To: Gilroy, Pam Subject: Retail Employees in Niagara October 27. 2008. The regional Clerk of Niagara, The Chair, Mr. Peter Partington, and the Members of the Regional Council. We have taken away from our Retail Employees, their Family Evenings, and their Family Sundays. There is no Family Time, Family Togetherness left. at all. This is all due to our policies and our surrendering to the Large Retailer's interests. The Family, the social fabric of our society is falling apart, partially because of our 24 hour, 7 day a week retail bylaw policies.. It is our, your responsibility to protect, what there is left. Please do not fall for "tourism exemptions" requests. For Tourists we have our Souvenir stores, Gift shops, also Corner stores. Tourists don't need Building Supply Stores and Major Grocery Stores either. It is a further dehumanization of our society. There are only a few days left in the year for our Working Families. Please protect the little that is left for our Retail Employees. Yours respectfully, Edmond Helstab 6 Terrace Heights. Fonthill, On LOS 1E0 Page 1 of 1 _dr an 7 0 R s e 05 — 1(1 5 1,4,r 6 )4 a on e el dais, V icor al Dez) SA 1.2 ' Ryer - soft_ 6_± orok4_1(9At kav__v FO A2/ 242 4et, Lo2 V 3 -RECEIVED 0C144 100L Niagara 1 Cierk' Office Ongina o: Chair CrmSer. Councillors ___..— CI S c IFP at. CAO HR Leg,. Asst. Plannuln L Public Hea1l!1 GAT NRH Aare Public Works — File Initials 626) • (2c)d- 1 7 - 17 6 fa - a - i ✓y ^ e ".s OA 5/ /h o roves D zo? v,i- RECEIVED CCT 2 8 2008 Ni.yara Region Clerk's Office Original to: b Chair — Cninrii Set -- Councillors — Corp S °r. --- CAO _._ FIR Leg. Asst. _ _ ilisnti^g Legal • — l',Iic ft.^alth CMT Pab''c Works _ NRH — File Date ' __._ Initials Gilroy, Pam From: Laurie Turner [Iturner7 @sympatico.ca] Sent: Monday, October 20, 2008 11:33 AM To: Gilroy, Pam Subject: Holiday shopping. Good Morning. I oppose tourism exemption requests to open Niagara stores on statutory holidays. Laurie Turner 711052_1(1_ ')u Page 1 of 1 ine /, or a a 0/ 4"aL_criff e x,:.. L Ell . CUT - P uth. NRH Fie Date — rn ;t ais 744e o i a // to q rs7 n &4 U' _I j, ym:e rn)pth 2 ailew -emsis 3 /' �� ,met , S — RECEIVED CST 2 w a/ue_ -1-07 cee toe-c4 7,0,4 o 9 Gilroy, Pam From: Donald Hogan [dshogan25 ©hotmail.com] Sent: Monday, October 20, 2008 11:15 PM To: Gilroy, Pam I OPPOSE TOURISM EXEMPTION REQUESTS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS! Don Hogan 2008 -10 -21 Page 1 of 1 - c2o, aecoP A / - c /e9- c-rd a-7z z L QV/77 . 4 e e-o /a 4/ , e AP eti (..---661-2- cze--- as PC , ca e C ,) 7 -e ciez-4 a_ /64 5. „ eC L: a X -7; docys - 2,1e . a— S 7?-eSZL 1 RECEIVED OCT 2 2 2008 Nia.nre Region Clerk's Office Original to: Cheat Chan :rt? Sr. Ce C:7r. CAO -• - Les. Asst. Legal Healzir Von- works Pik bate _ nihk CYI Powell, Charlotte - S 'from: Aldridge, Elaine ent: Friday, October 17, 2008 11:11 AM To: Powell, Charlotte Subject: FW: opening Niagara's stores on statutory holidays Charlotte - The following email (very short) is to go to the Corporate Services Committee for their information. Thank you - E Elaine Aldridge, CPS Administrative Assistant to the Regional Chairman Niagara Region 2201 St. David's Road P.O. Box 1042 Thorold ON L2V 4T7 Tel - 905 685 -1571 x3247 Fax - 905 685 -6243 elaine .aldridge @niagararegion.ca ww w.niagararegion.ca ** *Please note new email and website addresses. Thank you * ** Original Message From: Tony Zych [mailto:twzych @vaxxine.com] Sent: Tuesday, October 14, 2008 7:00 PM To: Chairman Subject: re: opening Niagara's stores on statutory holidays j OPPOSE TOURISM EXEMPTION REQUESTS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS. 1 RECEIVED OCT 1 7 2000 iliac. Origina. rnii7n S". Cc.unciltor: � n.. tee: %! - C T NRH Den: File !nits: 1 Okki RECEIVED CCT 2 2 2000 ItagE.031ag Original to: f'Or A d( -- Chaff _ Comm Ssr. Councillors — Corp. Seer. - CAO --- 1{R - Leg Asst ____ Planning -- Legal _ Public Health CMT — Public Works NRH _ File D — TS.iti Hl> Bowman, Kimberly From: Dar Edar.o @sympatico.caj Sent: Thursday, October 16, 2008 12:34 PM To: Gilroy, Pam Subject: Statutory Holidays for Tourism Purposes Page 1 of 1 To whom it may Concern: I oppose the idea to have stores open on Statutory Holidays for tourism purposes for the following reasons : 1) Famlies will fall apart If stores are open on holidays this will force working family memebers to work those days not allowing them to spend time with there families therefor loosing communication with each other, with lack of communication the family memebers will grow distant espically those who work 40 hour weeks as it is. Thank You for Your Time Darlene O'Marra 200R -1 0-16 Bowman, Kimberly From: Terry Rive [triva @cogeco.caj Sent: Thursday, October 16, 2008 7:02 AM To: Gilroy, Pam Subject: holiday opening Page 1 of 1 I appose tourism exemption requests to open on Statutory holidays. We were just given family day to spend more time with family. I am sure all those people who have family members in the tourism industry would like to spend time with them as well. If I had my way we wouldn't even be open 7 days a week. This is the problem with our world today. Greed!II I for one would like to relax and enjoy life. I don't want to spend what little holidays I already have working! Or should I say flipping a coin to see who gets what holiday off when! Thank you P.Riva 111/14 _1 n_1 v JwJ T L t ( 4 i 4 v 4 x X *39 Sco-7-7 5Q 7/ S Va . 13 fr1 h Ur 36 a it ii.adis e N 1AItr1 04 F 6 3674, - jj S 1 j /, 0/� � @Cr I s' lace e � ' It 1- 1_11/4) 4.14 6/32- D ein)Pe /7/ 4 ft badhatial ' (c f.44-xy T Co Lfl' J -"Le_"„e cue- t bLevytiv ` e e-c.,, la Al 3 /4/ i dlectrit B` W a o 1- e_L �R . X22 c c a_ C) a Ti_ 4 -0 a I lo // Plzen - 4_2/y9-Ea /0a i U..)5 39 CCcn k t Dr LOAJ s — 167 0c1.15. 2008 2:18PM N • 6466 P• 1 2i 9� jencial dos, Ontario 90 21(9 .F : X4 � ° 90S- 346 -10102 FAXNU MBlitits ?o L5--(3S Pe-id 0 CT. � '� RECEIVED OCT 1 6 2008 Niagara 8e•ion Clerk's Qifice Original to: Chair Comm — Councilors — Crp S °r. CAO —. HR Leg Asst ._ Fla Leg _ Publ lleltlt — CMT • _ PublicWorbs _.. NR FlIeC.00•t r' Drte icli ^iatr i • • • Oct.15. 2008 2:18PM Regional Chair and Councilors Attn: Peter Partington We, the employees of Zellers Pen Centre, oppose the passing of a Retail Holiday Act stating that we must be open on the Statutory Holidays that we now enjoy being off. Unlike employees of the government, such as yourselves, we don't enjoy weekends and evenings off on a regular basis so when we get to spend holidays with our families, it is a treat, Please don't take this away from us. Thank you. WE, THE UNDERSIGNED, OPPOSE TOURISM EXEMPTION REQUESTS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS `aa stook /mitt- M".sti. ;t No.6466 P. 2 6%4 /lk• k tM— mo9 5- k: ,000% P14;1-4$SVOP <J1 Orb\p'\r - 6 c i�'� Eon Mc(,mn s b,e� A � �Y o Oct 15. 2008 2:18PM 54W011; irc oc No.6466 P, 3 Bowman, Kimberly From: John Stolarz [john003_98@yahoo.comj Sent: Wednesday, October 15, 2008 3:12 PM To: Gilroy, Pam Subject: Statutory Holidays Hi;Pam; I oppose tourism exemptions requests to open Niagara's stores on Statuttory Holidays! Sincerely, john 1 V Bowman, Kimberly rom: Sent: To: Subject: Hello Pam, Kimmie Breadman [mail4kim @yahoo.com] Wednesday, October 15, 2008 7:05 PM Gilroy, Pam Opposed to statuatory holiday opening of retail stores I am writing to you today to express my strong discontent with the idea of allowing retail stores to open on statuatory holidays. We as a society, in our hurried lifestyles, have already lost touch with our families on a daily basis, that we NEED those days to reconnect and remember what is truly important in life. If we don't force ourselves to slow down by declaring certain days a "holiday" then I fear that we risk losing our families to a society of greed. If we as consumers cannot do without stores for a few days of the year then there really is something wrong with us. I work in the retail industry, and it already is a very demanding type of work, long hours, weekends, there is no 9 -5 for us. We don't get to enjoy weekends with our families the way some people do. So give us a break and vote against allowing some businesses to open, because even though the proposal is for "tourist towns" it is only a matter of time before the rest of Niagara would be lumped into that category, and then who knows perhaps all of Ontario and Canada. Look at what happened to Sunday!! Yours truly Kim Breadman St. Alfred (lCom RE.LEIVED. G "l,1 ce z00d /"" : Nsaaaxe Reno - " • i /. o4 r/u n>licwore File .DdE" lmux!s ✓• � 1 Important Meeting Concerning RETAIL EMPLOYEES in Niag::. t! -t+ieir 1<arpilies: On Thursday, Oct -16, at 7pm Niagara Regional Council will vote on an application from the Niagara Falls HOME DEPOT, the Niagara Falls VALUE VILLAGE and the A &P, Montrose and Thorold Stone Road, Niagara Falls, to allow them to open on a number of Ontario's nine STATUTORY HOLIDAYS for TOURISM PURPOSES. The RETAIL HOLIDAYS covered by Ontario's Retail Business Holiday's Act are New Years Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day and Christmas Day. The legislation specifies that exemptions may only be granted FOR PURPOSES OF SUPPORTING TOURISM. These applications, if approved on October 16, will open the floodgates for applications from the rest of Niagata's retail sector for similar "TOURISM EXEMPTIONS." For store managers and retail employees in Niagara located at a PLAZA, the plaza leases will dictate that its stores' will open, in order to compete for customers. As a result, more and more retail employees in Niagara will be working on Good Friday, Easter Sunday, Canada Day, Labour Day and Thanksgiving, separated from their families and friends due to snowballing "TOURISM EXEMPTIONS?' If you have an opinion on this issue, contact the Mayor and Regional Councilors in your city or town, or send a letter* to "Chair Peter Partington and members of Regional Council" or email the Regional Clerk pam.gilroy ©niagdraregion.ca with your views. The names, email addresses and phone numbers of members of Regional Council are available at www.niagararegion.ca under council /government. Mail your letter to "Regional Chair and Councilors, 2201 St. David's Road West, Thorold ON L2V 417" or FAX your letter to 905 - 6874977 before the October 16 meeting. It is very late to be preparing petitions on this issue but if you wish to do so the please submit your petition by October 15, worded as follows:: "I OPPOSE TOURISM EXEMPTION REQUESTS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS" If you wish to attend this council meeting it will be held THURSDAY, October 16 at 7pm, Regional Headquarters, 2201 St. David's Road West, off Schmon Parkway (opposite Tim Horton's). All are welcome. Please copy, post and circulate this notice, especially to NIAGARA'S RETAIL EMPLOYEES. 272 VINE STREET, ST. CATHARINES, ON, CANADA L2M 4T3 TEL.: (905) 934 -9703 FAX: (905) 934 -1155 WEB SITE: www.stalfredcatholicchurch.ca E -Mail: office © stalfredcatholicchurch.ca Gilroy, Pam From: mmichlik1 [mmichlikl @cogeco.ca] Sent: Monday, October 06, 2008 11:07 PM To: Gilroy, Pam Subject: Supporting Toursm CSC 60 - 2008 I oppose tourism exemption requests to open Niagara's stores on statutory holidays. Working people deserve to have these days to spend with their Families. 2008 - 10 - 07 Milan Michlik 8 Commodore Bay St. Catharines,Ont L2M 4H5 Page 1 of 1 Gilroy, Pam From: olp [olp @vaxxine.com] Sent: Monday, October 06, 2008 5:23 PM To: Gilroy, Pam Subject: upcoming vote on statutory holiday store openings WE OPPOSE TOURISM EXEMPTION REQUESTS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS, SPECIFICALLY THE UPCOMING APPLICATION BY SEVERAL RETAILERS TO OPEN ON SEVERAL STATUTORY HOLIDAYS. OUR LADY OF PEACE CHURCH 7021 STANLEY AVENUE NIAGARA FALLS, ON L2G 7B7 Page l of l Gilroy, Pam From: Marie and Lou [marieandlou ©cogeco.caj Sent: Wednesday, October 08, 2008 3:46 PM To: Gilroy, Pam Subject: Statutory Holidays Page 1 of 1 " WE OPPOSE TOURISM EXEMPTION REQUESETS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS" LOU & MARIE LUND 60 ADEL DR ST.CATHARINES,ON. L2M 7E6 7nn2_1n_no Gilroy, Pam Page 1 of From: Sent: To: Dominic Pizzacalla [msgrdom @iaw.com] Thursday, October 09, 2008 11:16 AM Gilroy, Pam Subject: re application October 9, 2008 Regional Clerk ATTENTION — Chair Peter Partington and members of Regional Council was deeply disturbed to hear that the Niagara Regional Council will vote on an application from the Niagara Falls HOME DEPOT, the Niagara Falls VALUE VILLIAGE and the A &P in Niagara Falls, to allow them to open on a number of Ontario's nine STATUTORY HOLIDAYS for TOURISM PURPOSES. If this application is approved, it will open the floodgates for applications from the rest of Niagara's retail sector for similar "TOURISM EXEMPTIONS ". As a result, more and more retail employees in Niagara will be working on these Statutory Holidays separated from their families and friends due to the snowballing of this request. I strongly oppose the TOURISM EXEMPTION request to open Niagara stores on Statutory Holidays. These holidays were established to promote family life and now we seem to be abandoning this with our exemptions. As a matter of fact the Government just recently established a new FAMILY DAY. I am a Pastor of a Church with 1200 families and I can probably say that I speak for the majority of them. Msgr. Dominic Pizzacalla flnnu_ 1 n_no name : carol Thomas phone : 905 685 0005 email: parts ©linetechdesign.com ( municipality : St Catharines other mun : comments : no to the proposal for a selection of stores in niagara falls to be open on stat holidays...yes if all of the gov't employees are at work as well, all dept all voted in for a full shift. reply : yes txtHasSecurityCode : True txtSecurityCode : 82350 Submit : Submit * * * * * ** End of Mail * * * * * ** 2- 'tssage From: carol thomas [mailto:www @computan.com] Sent: Friday, October 10, 2008 3:34 PM To: Milligan, Margaret - Subject: Online Form - Enquiry from Region website Attention: You have received this email from an online form. The senders name you see above is NOT a valid email address. After you click reply, you need to: 1. delete the contents of the "To" field of the email 2. copy the email address from the form below into the 'To" field of the email 3. delete all of this red text before sending If there is no email address in the form below, you cannot respond via email. 211f15t_1 fl_9Z Page 2 of 2 Bowman, Kimberly From: Jennifer Anderson [kalgaI2005 @yahoo.ca] Sent: Saturday, October 11, 2008 1:09 PM To: Gilroy, Pam Subject: Retail Employees - Statutory Holidays WE OPPOSE TOURISM EXEMPTION REQUESTS TO OPEN NIAGARA'S STORES ON STATUTORY HOLIDAYS. Trevor and Jenny Anderson 141 Church Street, St. Catharines, L2R 7L7 Be smarter than Spam. See how smart SpamGuard is at giving junk email the boot with the All -new Yahoo! Mail flnnn 1 A 11 Page l of l / ■ Bowman, Kimberly From: Candice Pearson Ecandypearson @sympatico.ca] Sent: Wednesday, October 15, 2008 8:44 PM To: Gilroy, Pam Subject: Statutory Holidays a Under no circumstances should these outlets remain open o n statutory holiday.Nor the employees shouldnt be working either. Regards Jerry Pearson 200R -10 -16 Page 1 of { 2 V O ri •rl Cr) U W 0 N 0 • 0 U •d z N •r1 r1 N .1-1 • • /a 0 0 N 4.3 r•-• O C/) O -• CO 0 0 > W N t.0 N-1 T ✓ N. ��f I • ri .- 0 0 0 O L l) 0 O a) m 0 O • rJ rn Cd 4a on co z u ./) ri RECEI'V'ED OCT 2 0 2000 Niagara Region Clerk's Office Original to: CV v A ik . • Chair Comm Ser. Councillors .. Corp Ser CAO . . HR Leg. Asst. _ Planning; Legai _ Naha Health CMT ➢ °hllC 6YOrki NRH _-- Pile Date C2 Chair WOlzek Lay 14- 7 c M R. & M R.A. SKIRROW 701 GENEVA ST., STE. 1201 ST. CATHARINES, ONT. 12N 7H9 2:A CAO Leg. Asst. Lep! CMT Ceuim Planning ■111.1 • Ati.4...r; ALIA Zede+-C-er .4-' esta Ir/ I 4 • A 1 46 etirea• --(Yrs./ 3 - s c0-r •-•• ant t CZ /62 RECEIVED CCT 2 0 2008 itg°ara Re ,�� (`letk's Office Original tote. DQ_ Chair Conttn Ser. Councillors Grp. eer CAO Leg. Asst. _ Ramping Legal —_ Public Health CMT _ Public {Yorks NRH File Date Initials • ZXP i Gilroy, Pam From: Lianne Wyatt pianne_wyatt ©yahoo.ca] Sent: Friday, November 14, 2008 3:04 PM To: Gilroy, Pam Subject: upcoming vote - stat holidays for retailers Hi Pam, C7157 Page 1 of 1 I'm writing this note in reference to the upcoming vote on a report concerning the 9 stat holidays for Niagara's retail sector. I believe these holidays should be maintained for retail workers. I worked retail for a number of years and I can attest to the fact that in that business environment, employees have little or no say in holiday scheduling. They are at the mercy of their employers if they are dependent on their pay cheque in order to get by. By preserving these 9 stat holidays, retail staff can at least be assured of having that time to spend with their families. Thanks, Lianne Lianne Wyatt Professional Development Chair ETFO - Niagara - Occasional Teachers You can either affect change or let change affect you. Instant message from any web browser! Try the new Yahoo! Canada Messenger for the Web BETA Gilroy, Pam From: Diane Mccoppen [dmccoppen @hotmail.com] Sent: Saturday, November 15, 2008 8:43 PM To: Gilroy, Pam Subject: OPPOSED!!! Page 1 of 1 I AM OPPOSED TO THE OPENING OF THE NIAGARA'S RETAIL SECTOR ON STATUTORY HOLIDAY'S. I work in retail in St. Catharines right now, I had NO summer what so ever, since we have extended summer hours to accommedate the public. I had no choice but to oblige in order to survive. So I OPPOSE...OPPOSE ....OPPOSE. Yours Truly, Diane McCoppen 7n0R_1 1 _17 Gilroy, Pam From: Hot Wheels [my @hotmail.com] Sent: Saturday, November 15, 2008 10:16 PM To: Gilroy Pam Subject: Retail Workers and Statutory Holidays Hi Pam, 2008 -11 -17 Page 1 of 2 I have heard that stores in the Niagara Region will be able to open on Statutory Holidays if city council votes to allow shopping on Statutory Holidays on or about November 27/08. As a husband and a father of three kids who manages a retail operation in St. Catharines I believe this would be a serious blow to the development of family values in all of our children. Simply "put, opening on Stat Holidays takes away from the valuable family time that is needed to instil the family values our kids so deeply need today as well as taking away our focus on the importance of family and spending time together. Opening on Stat Holidays tells our community that spending time shopping is more important then spending time at home with family. These holidays are all families have left to spend days together without the distraction of having to run to the mall to pick up something that can wait until the next day. I believe youth crime and obesity in youths is directly related to two income families, single parent families, less holiday time spent together with families, Sunday shopping, video games, television, the unaffordability of organized sports for kids and the focus on more shopping time then family or play time. We can blame troubled youths on the parents but the real problem is that parents today are a product of their environment. An environment that has been created by the governments of our municipalities, provinces and country. Governments that think shopping is more important then family time. Most families need to work two jobs to stay afloat never mind get ahead. One income used to do in the past so there was always someone home for the kids when they got home from school. Government has told us that we can open on Sunday's which has taken a guaranteed family day /week away from us. Everything used to be closed on Sundays and families could picnic, play in the back yard, or visit other family members on these days. Look at Burgoyne Woods on a Sunday in the 70' and 80's and look at it now. We are now allowed to open on Civic Holidays taking several more Family days away. These days used to be for families and created long weekends where trips could be made out of town to family or friends or special events. Now, when there are only a handful of days left that we are guaranteed off to spend with our families, what are we going to do? Open our stores on those days too so our families can go and enjoy that time honoured tradition of going to the mall and go off in our own directions where the only instruction is to meet at the car when the mall closes. So lets open all our stores 365 days a year. Lets tell our kids its more important to shop then it is to spend one day every other month together with families and what really rules is the almighty dollar. Lets put all those people who work in the retail and service sectors in an impossible position by forcing them to work every day of the year instead of being able to spend some time with their families. From a business perspective, I have been in retail for 20 years and was around when Sunday shopping was first allowed. I can tell you that what happened then will happen again and that is 6 days sales will be spread over 7 days, employees will be very upset to know whatever long weekends they used to have are gone. Sales overall will not increase, No new jobs will be created. Expenses will go up and prices will follow to make up for the shrink in profit margins only hurting the already beaten and bruised consumer. In business there has to be a benefit to every decision made so it doesn't cost more money then can be made. I think all we have to do is ask what is the benefit to opening on Stat Holidays? I don't believe there are any. There are only negative results for both families and businesses. I think our politicians should stop wasting time on this topic and should be spending time on more important things like how we can grow our manufacturing sector which in turn will strengthen our retail sector. Thank you for your time. Steve S. Concerned Parent and Manager 905 -935 -0374 Page 2 of 2 Win a trip with your 3 best buddies. Enter today. nnno 11 1 Gilroy, Pam From: Bruce Allen [ballen ©cogeco.ca] Sent: Sunday, November 16, 2008 9:22 AM To: Gilroy, Pam Subject: Statutory Holidays Bruce Allen 1st Vice - President St. Catharines & District Labour Council 2008 -11 -17 Page 1 of 1 To Whom It May Concern, I am writing to state that I think it is outrageous that consideration is even.being given to the possibility of allowing stores to open on our 9 statutory holidays. We live in a time when workers are increasingly being pressed to the limit. They are being compelled to work more and more to earn a standard of living that has been essentially stagnant for years. Opening stores on statutory holidays is an invitation to the naked exploitation of the workers who work in those stores particularly given governments that miserably fail to enforce employment standards and turn a blind eye of cold, shameless indifference to thousands of Ontario workers being injured on the job and sinking into severe poverty. To allow workers to be forced to work on these holidays would, in short, being Tess than criminal and those who are accomplices in such crimes against workers will be remembered. Gilroy, Pam From: Ed Gould [caw199 @computan.on.ca] Sent: Sunday, November 16, 2008 9:50 AM To: Gilroy, Pam Subject: Opening stores on statutory holidays Greetings Opening stores on statutory holidays is just a bad idea! I wonder if the Council going to be working these days also? Ed Gould 2008 -11 -17 Page 1 of 1 Gilroy, Pam om: Jay [jayster7 @yahoo.com] ent: Monday, November 17, 2008 2:00 PM To: Gilroy, Pam Subject: My views on retail workers and holidays Just writing to express my views on retail workers and holidays. I think stores should have a right to be open these days. At the same time, workers should have the right to take these days off. If a store cares to be open on these days, they need to positively incent staff via double - or - triple -or -more time pay until enough staff have volunteered to work the required shifts. staff should not be threatened should they choose not to work these holidays. if a store can't profitably open on these holidays at the higher wage levels, they should just stay closed. 1 Gilroy, Pam From: Irene Sebastianelli [ iebastianelli@niagarac.on.ca] Sent: Monday, November 17, 2008 2:04 PM To: Gilroy, Pam Subject: retail opening on statutory holidays To Whom it Concerns I oppose the idea of retail businesses opening up on statutory holidays. These holidays play a very important part in encouraging families to spend time together as well as giving all a break in a hectic and stressful work environment which can help in reducing stress related illnesses. Please vote against opening businesses on statutory holidays. Sincerely Irene Sebastianelli 1 Cherrywood Avenue Fonthill, Ontario 1 Gilroy, Pain ronl: Carol Thomas (parts) [parts @linetechdesign.com) ent: Monday, November 17, 2008 2:03 PM To: Gilroy, Pam • Subject: re:nov 27 meeting regarding statutory holidays for niagara's retail sector NO, NO , NO AND NO i believe these statutory holidays should be retained i would appreciate notice of who voted how as well as the results Carol Thomas Parts Manager Linetech Design & Mfg. 1 -800- 446 -4396 name : deanna baxter phone: 905 -646 -3195 email: deebaxter @live.ca municipality : St Catharines other_mun : comments : it is my understanding that you a considering taking away the 9 stat holidays for retail employees of niagara. does this not go against the Ontario government mandating a family day to all canadians last year. as most of the employees in retail are women what of thier families. i guess government families are the only ones of importance as they will still have these holidays with thier families. will this be voluteer only (because you state they are) and as a retail manager these are not voluteer as someone has to work and open these store so much for voluteer. shopping is not an emergency service as the police and health care sector are these employees knew this going in. i guess family is of no importance in the niagara region and money is the only thing that the region thinks about bring that almighty dollar to the niagara area because niagara falls is the only one getting it a the moment. i thought we stode for family in this area i guess i was wrong. i will be seeing you at that council meeting on the 27th that is not on the calendar reply : yes txtHasSecurityCode : True txtSecurityCode : 77606 Submit: Submit * * ** * End of Mail * * * * * ** Bowman, Kimberly From: deanna baxter [www @computan.com] Sent: Monday, November 17, 2008 5:10 AM To:. Bowman, Kimberly Subject: Online Form -. Enquiry from Region website Attention: You have received this email from an online form. The senders name you see above is NOT a valid email address. After you click reply, you need to: 1. delete the contents of the "To" field of the email 2. copy the email address from the form below into the 'To" field of the email 3. delete all of this red text before sending If there is no email address in the form below, you cannot respond via email. Page 1 of 1 ')nnR_11 -17 RECOMMENDATION PURPOSE ae NIAGARA - err...4 nv S ACIV tQ y A QV S THE REGIONAL MUNICIPALITY OF NIAGARA REPORT TO: Regional Chair Debbie Zimmerman and Members of Regional Council CLK 12 -2002 June 6, 2002 SUBJECT: Public Meeting to Consider an Application by A & P SuperFresh Food Store at 3370 Montrose Road, Niagara Falls for Exemption from the Retail Business Holidays Act That CLK 12 -2002 be received and that the application for an exemption to the Retail Business. Holidays Act for A & P SuperFresh Food Store at 3770 Montrose Road, Niagara Falls be approved. The applicant, A & P SuperFresh Food Store is requesting an exemption from the Retail Business Holidays Act to allow their location and services to be open for operation on Victoria Day, Canada Day, Labour Day and Thanksgiving Day for the maintenance of tourism. Within two kilometres of the subject lands, are several other large retail establishments, which have successfully applied for the same exemption sought by the applicant. Two of the establishments are retail food shops and pharmacies, namely an I.G.A. and Zehr's, Regional Council heard similar applications from these facilities who applied for and received exemptions. The City of Niagara .Falls was successful in 1993 in seeking an exemption "city - wide" for all businesses within the municipality less than 2400 square feet and employig less than four persons to be open on holidays for the maintenance of tourism. A copy of By -law 7275 -93 is attached for your reference. As a result, many of the municipality's businesses currently benefit from being able to operate on holidays in order to maintain and-serve the tourist trade. It has been established in the pest that the travelling public does not seek services similar to those offered by Zehr's and given the highway exposure, it would seem reasonable to expect that a percentage of trade on a holiday would be of a tourist nature. 1 BACKGROUND CLK 12 -2002 June 6; 2002 The Retail Business Holidays y Act became law in 1991. The Region has approval authority forapplications made under the Act. Several amendments to the Act have occurred since .1991. With the most recent occurring in 1996, which resulted in Boxing' Day being removed as a Statutory Holiday. The Act recognizes the following days as public holidays: • New Year's Day. • Good Friday • Easter Sunday • Victoria bay . • Canada Day • Labour Day • Thanksgiving Day • Christmas Day The subject lands are part of a new commercial area that has developed to serve the north - western portion of Niagara Falls adjacent to a main tourist corridor for the Region. The applicant's property has a high level of visibility from the Q.E.W. The Q.E.W. is recognized as a tourist - travelled corridor. The application by the A & P SuperFresh Food Store, which has exposure to the Q.E.W. and is readily accessible from this Provincial Highway to well established tourist areas within Niagara Falls is consistent with Council's previous decisions for similar applications. There are established tourist related activities and facilities within the two kilometers of the business and as such the intent of the tourism criteria as set out in the Act is being maintained. Council's consideration of a by -law in support of the exemption would appear to be in order. Section 4(7) of the Act advises Council is not obligated to pass a by -law even if the tourism criteria are met. Previous councils have, generally, been very consistent in this area when considering exemptions, and the current application appears to be well within the parameters of applications presented to the Region in 1998, 2001 and 2002. REPORT The applicant made initial inquiries with the Regional Clerk's Office to determine the necessary information to be placed on the application. The applicant (A & P SuperFresh Food Store) placed the formal application with the prescribed fee. The application was reviewed as per the council procedure by the Region's solicitor who suggested the applicant insure a complete application was presented to Council. 2 CLK 12 -2002 June 6, 2002 A copy of the completed application is attached. The necessary notice was placed in a local newspaper having suitable circulation advising of a public meeting to be held to consider the application and passing of a by -law to exempt the A & P SuperFresh Food Store at 3770 Montrose Road, Niagara Falls. At time of writing this report, no objections were received. Ontario regulation 711/91 outlines the tourism criteria. A principal criteria within the tourism criteria cites the need for a business to be within two kilometres of a tourist attraction in order to qualify for the exemption. fi x. ....... �,:. . . The subject lands are within two kilometres of the historic properties of the former Village of Stamford, the Bruce Trail, Fireman's Park, Optimist Park, Niagara Gorge and Whirlpool and Millennium Square. As well, the property is within one kilometre of the Club Italia Cultural Centre and the Casino Associates facility. Recently, with the introduction of Casino Niagara and its operations running 24 hours a day, seven days a week, 365 days annually, the tourist impact appears to be directly related to increased service needs. Section 3 of Ontario Regulation 711 /91 advised that, for the purposes of this section, a tourist attraction is limited to natural attractions or outdoor recreational activities, historical attractions and cultural, multi- cultural or educational attractions. The tourist attractions noted in the previous paragraph would satisfy section 3 of the Ontario Regulation. All matters in respect of the Act concerning notification and the holding of a public meeting are being met. SUMMARY The application has been submitted in the proper order and processed in accordance with the Act and Council's policy, The application is consistent and similar with applications received and processed in 1998, 2000 and 2001 recognizing several business locations which are along major tourist corridors. Staff would respectfully request Council's consideration of the passage of a by -law exempting A & P SuperFresh Food Store, 3770 Montrose Road, Niagara Falls from the Retail Business Holidays Act. Submitted by: Approved by: Thomas R. Hollick Mike Trojan Regional Clerk Chief Administrative Officer This report was prepared by Gary D. Atack, Deputy Clerk and Corporate Records Manager. 3 December 15, 2008 PD- 2008 -114 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CANADA Re: PD- 2008 -114 City of Niagara Falls Regulating Nightclubs and Bars in the Historic Drummondville Area RECOMMENDATION: That Council authorize staff to process a zoning amendment for the Historic Drummondville area to regulate bars and nightclubs as outlined in this report. BACKGROUND: On July 7, 2008, Council directed staff to investigate amendments for the Drummondville area similar to the by -law passed to regulate nightclubs in the Queen Street area. Staff were also directed to investigate the City of Toronto's definition of a nightclub; Mississauga's zoning and separation distances for such clubs; and to report back on the feasibility of adopting an interim control by -law for the Sylvia Place Market based on the City of Ottawa's 2006 Interim control By -law for the ByWard Market area. Downtown Controls By -law No. 2004 -200, which applies to the Central Business District (CBD), was passed by Council on November 1, 2004 in response to concerns raised by the Downtown Board of Management about the proliferation of large scale nightclubs on Queen Street and its impacts on the CBD and nearby residential areas. By -law No. 2004 -200 does the following: adds definitionsfor Nightclubs and Licensed Establishments for the Downtown area; permits Nightclubs and Licensed Establishments in the Central Business Commercial (CB) zone; differentiates between larger and smaller establishments: a Nightclub is defined as any licensed establishment exceeding a capacity of 499 persons and a Licensed Establishment is defined as any premises licensed to serve liquor (by default 499 persons or less); requires nightclubs to be separated from other nightclubs or licensed establishments a minus a ''distance of 100 metres (328 ft.); • requires nightclubparated from a residential zone by a minimum distance of 45 metres 0 Queen Street PO Box 3 023 Niagara falls oN Canadal2E 6X5 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning & Development December 15, 2008 Other Municipalities • City of Ottawa • City of Toronto • City of Mississauga Discussion - 2 - PD- 2008 -114 • exempts licensed establishments from separation distances; and • requires on -site parking for a nightclub to be provided at a rate of 1 parking space per 5 persons of occupancy. The following is a brief description of what the Cities of Ottawa, Toronto and Mississauga have done to address nightclubs: The City of Ottawa passed an Interim Control By -law (ICBL) in 2006 to preclude additional nightclubs from being established in the ByWard Market/Rideau Street area of downtown Ottawa, while the issue of nightclubs was being studied. Ottawa had zoning controls in place prior to the Interim Control By -law which divided bars and nightclubs into two categories, small establishments (under 250 square metres /2,691 sq. ft.) and large establishments (250 square metres to 500 square metres /2,691 sq. ft. to 5,382 sq. ft.). Bars and nightclubs are not allowed to exceed 500 square metres in area. Large nightclubs must be 100 metres (328 ft.) from other large establishments and from residential zones. Ottawa's Interim Control Study resulted in an amending by -law to require that large bars be subject to the same regulations as large nightclubs. In addition, Ottawa added provisions to allow conditions to be added to business and liquor licence applications which require the submission of noise control and crowd control plans, security plans and refuse management plans. The City of Toronto allows a maximum of 6% or47 square metres (506 square feet) of a restaurant to be used for dancing or entertainment. Where a restaurant is less than 10 metres (32.8 feet) from a residential zone an outdoor patio is not permitted. Where a restaurant is separated from a residential zone by a street less than 6.1 metres (20 feet) in width the restaurant is limited to 400 square metres (4306 square feet) in area. In the City of Mississauga nightclubs are restricted to a maximum floor area of 1,115 square metres (12,002 sq. ft.) and are required to be a minimum of 800 metres (2,625 ft.) from residential zones. All of the by -laws have a number of similar characteristics. They all distinguish between large and small establishments; place separation distances between like premises and provide for separation distances from residential areas. An Interim Control By -law is a useful tool where an extensive study is needed to determine necessary planning controls and there is significant pressure to establish the use being studied. The proposed form of land use controls are straight forward if the established December 15, 2008 - 3 - . PD -2008 -114 model is followed; a by -law can be passed in a relatively short time period; and pressure to establish new nightclubs and bars seems to be low at the moment. Therefore, an Interim Control By -law is not necessary to develop zoning controls for the Historic Drummondville CIP area. Schedule 1 shows the extent of the Historic Drummondville Community Improvement Project Area. The proposed changes would be applicable to the portion zoned General Commercial (GC). Schedule 2 shows the extent of the GC Zone within this area. A Tavern is a permitted use in the GC zone, but is an undefined term. Nightclubs and bars would be considered to fall under a Tavern use. Removal of the antiquated term tavern and the introduction of new definitions for Nightclubs and Licensed Establishments would remove uncertainty and provide better controls than currently exist. There are no controls over the size of Taverns within the GC lands. Niagara Falls has regulated the size of Nightclubs using the number of persons who can be accommodated while the other municipalities studied regulate size based on floor area. The City Solicitor recommends maintaining occupancy as the controlling mechanism since liquor licences are based on head counts rather than floor area. Currently, the City defines Nightclubs as greater than 499 persons. If Council wishes, a lower occupancy level could be established to differentiate between Nightclubs and smaller establishments; these should apply consistently across . the municipality including Queen Street. Council may also want to establish maximum occupancy levels or floor area caps, such as those found in City of Ottawa regulations. There are no separation distances for licensed premises in Drummondville. The required separation distance between Nightclubs was implemented in the Downtown to mitigate problems associated with the congregation of crowds among clubs in close proximity. The separation from residential areas was considered necessary to mitigate the impacts of these nightclubs on residents. Licensed establishments are smaller and have not been subject to separation distances between each other or from residential zones as they are generally not considered to have crowd control issues. Applying the same separation distances established for the Downtown to Historic Drummondville would prevent Nightclubs from locating next to each other and from residentially zoned properties, thus effectively limiting them to properties around the intersection of Main and Ferry Streets. This would also reduce the size of crowds and associated problems at closing time; the latter can be a significant policing matter if additional officers have to be assigned to certain districts. Most uses of properties around the intersection of Main and Ferry Streets are exempt from providing patron parking. Parking requirements were implemented for Nightclubs in the Downtown area due to evidence that the parking demands of large nightclubs was excessive and was causing off-site parking impacts, such as parking on nearby residential streets. Given the similarities between Historic Drummondville and the Downtown area (close proximity to residential areas, limited public parking), it is logical to implement the same parking requirements for Historic Drummondville. CONCLUSION: It is concluded that the same standards applied to the Downtown area be considered for Historic Drummondville within the area zoned General Commercial to effectively: December 15, 2008 - 4 - PD- 2008 -114 - define a Licensed Establishment as any facility licensed for the consumption of alcohol and a Nightclub as a licensed establishment exceeding 499 persons capacity; - delete the term Tavern from the list of permitted uses; require nightclubs to be separated from other nightclubs and licensed establishments by a distance of 100 metres (328 ft.) and from residential zones by a distance of 45 metres (148 ft.); and - require that nightclubs provide on -site persons occupancy. parking at a rate of 1 parking space per 5 Approval of this report will authorize Staff to proceed with notification of a public meeting of Council to be scheduled January 26, 2009 together with an implementing zoning by -law. Recommended by: Approved by: A.Bryce:mb Attach. S:\PDR12008 \PD- 2008- 114,Regulating Nightclubs & Bars.wpd tv � Alex Herlovitch, Director of Planning & Development Ed Dujlovic, Executive Director of Community Services SCHEDULE Historic Drummondville Community Improvement Project Area III ,11 = Anima Ei Jam. FERRY SF in —nun .t . 111S MI11I111_ la =_ � 11111111— . �.i11i7 ST ii Emu tit avow. au I ar 111111111fin pa • 11 . 11. .rl "1 ®rl:' nll `'— '— '_'III�IIl111111 � �r.� ='L s 11""1111'h'II11`rm r s !1 111.11111111 ' BE :• 1 ` :1 `1 ■nIniffil(111. _1111_ !Ill MIIlet 10 44 . Ili! ° 11111. 11 111111 11 t__ �i / J _ . °= : 1i ►11' :tlllllllnl Ilirri,t• mi!>iti 11 f1l111 l.11� III 1111 was IMO UMW MOM mg: al EMMEN INN MN MEM INNS E. __ == NM SSE ini 1t n OEMS YE FIORT Sr HpMY St ST Emus a11111� -M Y SF :11 1111 • / A • • e T.' I II11II1I1111111r1a1. 11111111111 0 Historic Drummondville Community Improvement Project Area Fxrs fi " 111.1111111111113 1 1 1 IIR ISM BUM MOM= W�E MU M 11 F1015.l \ OaloAlleverflinteary.ealc.RnneJ4/A SCHEDULE 2 Historic Drummondville Community Improvement Project Area: General Commercial Zoned Lands Subject to Proposed Nightclub Regulations SUMMER -ST_ IIP ra war yin l all ,� � � /IIIreCr /.� , i�� ma � ®�� � �3 r ERRYST ��- ��� F n re OP WWI, Or Ai rarAlla Fa tremor .4 4 rv 44 r � �. a 11111 1 ILrr -;►���I +11 P� - BARKER:ST- ;.. �-G � edta all " ' illantor; i�llllllll MS fors, RosmsoNsT Is .1 1111 tal m� OEIAWARE ST Subject Land WA K: \GIS_Requests\ 2008\ Schedules\ zoningAMlDrummondville \mapping,map Amending Zoning By -law No. 79 -200 Applicant: City of Niagara Falls November 2008 December 15, 2008 TS- 2008 -67 Niagara His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -67 Supply of Four City Buses - RFP #P44 -2008 RECOMMENDATION: That RFP #P44 -2008, for the Supply of four City Buses be awarded to NOVABUS at an upset limit of $1,874,988.00. BACKGROUND: A Request for Proposals was issued for four city buses varying in size from 30 to 40 feet. It is the intent of staff to replace three buses currently in service and thus, increase our complement of conventional buses to twenty -six. Three high floor, non - accessible forty foot buses (one 1989 and two 1990) will be replaced. The additional bus will enhance our spare ratio, which will allow for better schedule adherence and afford the maintenance staff the opportunity to hold additional buses for thorough servicing during the busy tourism season. In addition to being low -floor accessible buses with two securement positions for mobility aids, the new buses are far more efficient with respect to emissions. As well, these buses will be equipped with bike racks. Current regulations, coupled with technological advancements have made today's diesel engines burn far cleaner than their predecessors, which leads to a more environmentally friendly bus. The Request for Proposal was sent to several Bus Suppliers. Two organizations responded with Proposals; NOVABUS, and City View Bus Sales. Both companies quoted prices for buses in both Diesel and Hybrid configurations. Staff are not going to consider the Hybrid offerings from either company at this time, as these vehicles add a premium to the cost of each bus of $250,000.00 or more. NOVABUS submitted 40 foot bus pricing, while City View offered 30 and 35 foot bus pricing. Upon studying the two submissions, there were no exceptions to the proposals with respect to equipment, which would cause staff any concern. Thus, the gpverning factor became the price quoted by the two proponents. Of the two sub ittigsuppliers, NOVABUS was the lowest bidder. 10 t. een Street .0 io(10231,Niagara Falls i0N Canada bE 6)6 905 - 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services December 15, 2008 - 2 TS- 2008 -67 NOVABUS complies with the 25% Canadian content requirement as outlined in the MTO Policy for bus procurement of 40 foot buses. The prices submitted by the two proponents, including Provincial Sales Tax are as follows; 1. City View Bus Sales Ltd. $1,978,191.07 2. Novabus $1,874,988.00 Thus, the difference in price per bus (including PST) would be $25,800.77. Therefore, staff recommends NOVABUS be awarded the contract to supply four, forty -foot low floor accessible buses equipped with bike racks. Funding: Gas Tax funding & Capital RenewallSpecial Purpose Reserve Ontario Bus Replacement Funding (33.3% of 3 buses) Recommended by: Approved by: Karl Dren, Director of Transportation Services D. Stuart S:General Administration1GA 1.01 Reports 12008 Council112 Dec 15■75- 200867 Supply of Four City Buses.wpd $1,406,710.00 $ 468,278.00 Ed Dujlovic, Executive Director of Community Services December 15, 2008 FS- 2008 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: NiagaraJraIls CANADA Re: FS- 2008 -04 Radio System Project Manager RECOMMENDATION: That Council approves the expenditure of funds in the amount of $116,400.00 to secure the services of Lapp Hancock Associates Limited as project managers for the Niagara Falls Fire Department radio system replacement and that the Mayor and Clerk be authorized to execute the related agreement. In the late 1990s, the Fire Department radio system required significant expensive upgrades to ensure the equipment and coverage met operational and safety requirements. Niagara Falls participated in the Niagara Voice Radio Project in attempts to secure a region -wide radio system for fire, police and regional public works. After years of work and no viable system provided, the project was terminated late in 2001. By that time, our radio system had further deteriorated and further upgrades had been delayed in anticipation of the new system. Other emergency services sought out their own solutions and we were left to find a solution to meet our own needs. In March 2003, the Fire Department began the process of installing a trunked radio system from a company called Maxtel. New radio system equipment was purchased but the infrastructure, including radio towers and switching equipment, was leased. Although the trunking system concept was superior to the conventional system, our new system was fraught with problems due to design, equipment and training issues. Maxtel was taken over by Wireless Age and subsequently Wireless Works. The transition between multiple managers complicated the difficult issues we very diligently tried to overcome. The real benefits envisioned from the system were hampered by serious safety problems that persisted. In November 2005, the Ministry of Labour issued orders regarding the serious deficiencies of the radio system and they continue to monitor the situation. Comments from the orders include: "Although Chief Burks making considerable effort to address the concerns brought forth by t e , � *FFA time is of the essence, hence a greater effort is required to e F j ' the concerns. 4310QueenStreet .0 Box 023, NiagaraiFalls,ON,1Canada L2E6"X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Fire Services December 15, 2008 - 2 - FS- 2008 -04 Danger is an inherent part of their job and therefore they should be provided with the best protection possible to ensure their safety in every circumstance." and "In all fairness to the employer there are considerable safeguards in place in the form of procedures and basic training practices that are meant to protect the fire fighters during significant events, these procedures do not afford the same level of protection provided by a properly functioning communications system." Firefighters have worked closely with management to resolve issues but problems continued to occur despite our best efforts. There have been numerous system failures, as recently as October of 2008, and the fire fighters have no confidence in their radio system. In January 2008, a study was commissioned to identify and review options moving forward. The study was completed in May 2008 and the preferred solution was to obtain a wholly owned, conventional radio system at a cost of $2,200,000. In order to facilitate the technical aspects of the RFP process for a system provider, a project manager was strongly suggested to be contracted as part of the project. A radio committee made up of management and association members have worked together to facilitate this process. Also included in the committee is our Manager of Supply and Services. The committee is in agreement with the direction proposed and a project management team selection has been completed through an RFP and interview process. The proposed project timeline is approximately 14 months from the start date and includes the project management team assessing detailed system requirements, issuing and assessing an RFP for a system contractor, working with Industry Canada regarding radio frequencies, assisting with contract negotiations and overseeing all manufacture, installation and final testing activities. A future report will be forthcoming recommending a radio system provider once that RFP has been processed. The anticipated result is a very reliable, self- directed radio system that will satisfy fire department needs and dramatically reduce safety issues currently plaguing the Niagara Falls Fire Department. It is essential that the momentum of this project continue in order to provide this safety equipment and reduce our liability at the earliest opportunity. Council is being asked for approval to secure the services of a project manager for the project at this time. The costs of the contract for the project manager are included in the overall project expenditures of $2,200,000. The full expenditure amount was approved in the 2008 Capital Budget. The funding for this project will be fully derived from a debenture issue planned for 2010. Recommended by: Respectfully submitted: LS:tc 6 _../ Ken Burden, Executive Director of Corporate Services Event Date Issue Request for Pre - qualification document June 10, 2008 Public Meeting and Open House June 26, 2008 Close Request for_RFQ,-- ' July 04, 2008 December 15, 2008 _ , _ BDD- 2008 -05 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraflalls Re: BDD- 2008 -05 Niagara Convention & Civic Centre Award of Design Build Contract 1. That Council authorize Staff to designate the Bondfield Construction Company Limited as the preferred proponent for the design and construction of the Niagara Convention and Civic Centre. 2. That Staff negotiate with the preferred proponent, the Bondfield Construction Company Limited, to conclude the terms of a contract for the design and construction of the Niagara Convention and Civic Centre. 3. That, at the conclusion of negotiations, the Mayor and Clerk be authorized to execute the contract. BACKGROUND: Request for Qualifications (RFQ) was issued on June 10, 2008 to pre - qualify Design Builders which resulted in a short list of Design Builders responding to the Request for Proposal (RFP). The RFQ was issued on the City's website as well as the Electronic Tendering Network (Canada wide advertising network) to ensure the fairness and transparency of the project. Request for Qualification Time Line 4310. Queen Box 1023 N agars Falls ON Canada L2E.6X5 .905- 356 -752 nr d u'. www.niagarafalls.ca Working Together to Serve Our Community Business Development Event Date Issued Request for Proposal document September 16, 2008 Confidential conferences with proponents September 26, 2008 December 15, 2008 Interview and site visits (if required) Notice of Successful Respondents July 16, 2008 and July 17, 2008 August 11, 2008 Nine respondents submitted on the specified closing date. The following is a list of companies that responded to the RFQ. The Atlas Corporation Bonfield Construction Company Limited Buttcon Limited Eastern Construction EIIisDon Design Build Inc. Giffels Design Build Inc. Maple Reinders Group Urbacon Limited VanBots Construction Corporation The Project Team consisting of; City Staff, NCCC Inc. representatives, MHPM Project Managers and Compliance Consultants, set criteria for the evaluation of submissions, which was divided into two categories: Category One: Includes the review of prerequisite information such as Surety Letters, Insurances and Litigation status. Category Two: The intent of the Project Team, which was made clear to the proponents, was to evaluate responses based on the above categories detailed in the RFQ, and culminated with a list of Four (4) Pre - qualified Design - Builders. The short- listed proponents were: • Bondfield Construction Company Limited • Eastern Construction • EIIisDon Design Build Inc. • VanBots Construction Corporation Request for Proposal The project team prepared and issued the RFP that set out all of the projects objectives to achieve the best project possible. Request for Proposal Time Line - 2 - BDD- 2008 -05 Includes specific submission requirements such as experience with similar projects, qualifications of proposed teams, and projects references. Final Addendum to be issued November 7, 2008 RFP close December 01, 2008 Review of submissions December 2 - 9, 2008 Recommendation to Council December 15, 2008 December 15, 2008 As a result, the Project Team recommends: Recommended by: Approved by: - 3 - BDD- 2008 -05 Upon submission, of the proposals, the Project Team and the Consultants reviewed the details of the four (4) proposals. The City allowed the Proponents to present their proposals ensuring clarity and fairness in the evaluation process as well as maintaining the best interests of the City. Based on the Evaluation Criteria listed below, the Project Team evaluated all aspects of the proposals, including any cost variances within the upset construction cost, and scored the submissions on the basis of a common score sheet as follows: RFQ results General (Team, Organization & Coherence, Management Plan, Safety Policy, Schedule, Earned Value) Program Compliance and Design Excellence (Building program, Site Plan, Architectural, Finishes and Specifications, Structure, Mechanical & Engineering Systems). Sustainability (LEED Certification) Price Analysis Added Value (Additional program space etc...) 1. That Council authorize Staff to designate the Bondfield Construction Company Limited as the preferred proponent for the design and construction of the Niagara Convention and Civic Centre. 2. That Staff negotiate with the preferred proponent, the Bondfield Construction Company Limited, to conclude the terms of.a contract for the design and construction of the Niagara Convention and Civic Centre. 3. That, at the conclusion of negotiations, the Mayor and Clerk be authorized to execute the contract. The upset limit for this construction of the Niagara Convention & Civic Centre is $71 million. Funds for the project have been secured from the Provincial and Federal Government, Falls Management Company and the Fallsview & Victoria Ave. BIA's. Serge Fe icetti, D' ctor of Business Development Ed Dujlovic, Executive Director of Community Services December 15, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara /tails CANADA Working Together to Serve Our Community F- 2008 -46 Re: F- 2008 -46 Treasurer's Write -Off Report RECOMMENDATION: That the property tax accounts listed in this report be removed from the City's accounts. BACKGROUND: Section 354 (2) of The Municipal Act states that "The Treasurer of a municipality shall remove unpaid taxes from the tax roll if, (a) the council of the local municipality, on the recommendation of the treasurer, writes off the taxes as uncollectible, or (b) the taxes are no longer payable as a result of tax relief under section 319, 345, 357,358, 362, 365.1 or 365.1 or 365.2 or a decision of any court.2001,c. 25,s. 354 (2); 2002, c. 17, Sch. A, s." Staff has attempted to collect the following tax accounts, and has determined that the properties were either assessed incorrectly, or deemed to be uncollectible. 2008 Write -Offs During 2008, the City's Finance Division conducted a number of tax sales. As a part of the tax collection procedures, staff continue to actively pursue delinquent property owners who fail to pay the taxes for their property. In most cases, the property owner will pay the balance owing but in some cases a tax sale is required to resolve the outstanding taxes. Tax sales in 2008 relate to properties that were registered in 2007. During 2008, 40 properties were scheduled for tax sales. Of this, 17 were paid in full before sale, 16 were paid as a result ofktke sale and 7 resulted in a failed tax sale. A failed tax sale is one in which no bdd; ° rs provide a submission for the tendered price amount. The failed tax sale prope.; 6` - a become the City's property in 2008. �PvE. 1310 Queen.5treei a r' ti��c� -fin _.K:,tt. z ^ Niagara a L2E6X5 905 356 7521 www.niagarafalls.ca L orporate Services Department Finance Roll No. Name & Address Amount Reason 140 001 10312 The Corporation City of Niagara Falls Morris Road ES $9,706.99 Failed Tax Sale 140 001 10316 The Corporation City of Niagara Falls Morris Road ES $9,341.65 Failed Tax Sale 140 001 10320 The Corporation City of Niagara Falls Morris Road ES $9,706.99 Failed Tax Sale 140 001 10330 The Corporation City of Niagara Falls Morris Road ES $9,889.82 Failed Tax Sale 140 001 10302 The Corporation City of Niagara Falls Morris Road ES $9,403.65 Failed Tax Sale 140 001 10306 The Corporation City of Niagara Falls Morris Road ES $9,341.65 Failed Tax Sale 140 001 10310 The Corporation City of Niagara Falls Morris Road ES $9,341.65 Failed Tax Sale Total $66,732.40 December 15, 2008 Since City properties are not subject to property taxation, the City must write off taxes owing. Similarly, the Region and School Board taxes are written off and adjusted in the year end reconciliation with those bodies. The following properties should be written off. The total amount of $66,732.40 to be written off, includes amounts for the City, Region and School Board. The actual City portion is $21,649.90. The balance of $45,082.50 will be recovered from the Region and School Boards. The City has made provision in its 2008 Budget for tax write -offs. The balance of $21,649.90 is within the provision. Recommended by: Approved by: - 2 - Todd Harrison, Director Ken Burden, Executive Director of Corporate Services F- 2008 -46 December 15, 2008 F- 2008 -49 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -49 2009 General Insurance Report RECOMMENDATION: Niagarajlalls CA NA nA 1) That Council approve the 2009 Comprehensive Insurance Program from Frank Cowan Co. Ltd. At an annual premium of $1,083,319 (2008 - $1,073,354) plus taxes. 2) That Council approve the 2009 Volunteer Firefighters Accidents Insurance Program from AIG Commercial Insurance Company at an annual premium of $6,305 plus taxes. BACKGROUND: The City's comprehensive insurance program is reviewed annually for the purpose of updating and revising the type and amount of insurance. The total cost of the annual premium for 2009 represents an increase of approximately 1.5% or $16,270 (taxes extra). The annual review identified areas of the City's insurance coverage that had rate adjustments. The renewal costs of municipal liability coverage has increased due to market conditions. Municipal Liability coverage rates include the impact of the courts providing greater awards for bodily injury. Insurers and re- insurers continue to be cautious about public entity liability exposures. The insured values of municipally owned properties has increased to $118 million from $110 million. Fortunately, in spite of the factors, the City is able to obtain insurance at a rate increase less than 2008 Consumer Price Index. 4310 Queen Po Bozkl,023 N agars Fa4Is'ON l anada L2E 6X5 905 - 356 - 7521 . wivwnia garafa ll s.ca Working Together to Serve Our Community Corporate Services Departmen Finance December 15, 2008 - 2 - F- 2008 -49 Although Frank Cowan can provide Volunteer Firefighters accident insurance, Staff recommend that this policy be purchased from AIG Commercial Insurance Company. The policy known as VFIS provides improved coverage and enhanced support that is especially designed for volunteer firefighters. Staff undertook a comparative analysis, and reviewed the policy with the City's Volunteer forces. Some of the enhanced features VFIS provides are: • Will provide Guarantee Weekly Disablility • Will provide a Cost of Living Adjustment based on CPI • Will provide a Death Benefit for each dependent - $10,000 • Will provide for Post Traumatic Stress Disorder The VHS policy premium for 2009 is $295 less than the comparable amount for 2008. The terms and conditions for the 2009 Renewal will be subject to the following: • Continued support of the insurers No major changes in the loss experience of the City's portfolio • No major changes in the re- insurance market that would adversely affect the underlying insurance No major exposure changes prior to renewal Attached to this report is a summary of insurance coverages, and a premium comparison to 2008. Recommended by: Approved by: Todd Harrison, Director of Financial Services Ken Burden, Executive Director of Corporate Services SUMMARY OF COVERAGES LIMITS /AMOUNTS PROGRAM SUMMARY Municipal Liability Limit of Protection per occurrence $ 20,000,000. (No Annual Aggregate Limit) Third Party Claims Deductible including expenses $ 50,000. Sewer Backup per Claimant Deductible including expenses $ 50,000. Wrongful Dismissal (legal expense) Limit per claim $ 250,000. Annual Aggregate Limit $ 250,000. Deductible $ 5,000. Malpractice Liability Included Errors and Omissions (Claims Made Form) Limit of Protection per claim $ 20,000,000. (No Annual Aggregate Limit) Deductible including expenses $ 50,000. Non -Owned Automobile Limit of Protection per occurrence $ 20,000,000. (No Annual Aggregate Limit) Legal Liability for Non -Owned Vehicles (5.E.F. No. 94) All Perils Physical Damage Limit $ 250,000. Deductible $ 500. Environmental Liability (Claims Made Form) Liability of Protection per claim $ 3,000,000. Annual Aggregate Limit $ 4,000,000. Self- Insured Retention $ 50,000. Comprehensive Crime Commercial Blanket Bond $ 1,000,000. Money Orders and Counterfeit Paper Currency Included Depositors' Forgery Included Audit Expense $ 100,000. Money and Securities - Blanket any Location $ 100,000. Excess on Securities $ 100,000. Computer Fraud or Funds Transfer Fraud $ 200,000. Frank Cowan Company Limited PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS /AMOUNTS Councillors' Accident — Mayor and Eight Members of Council Accidental Death & Dismemberment $ 200,000. (No Annual Aggregate Limit and No Deductible) Weekly Income — Total Disability $ 500. Weekly Income — Partial Disability $ 250. Municipal Conflict of Interest Percentage of Legal Fees and Expenses 100% Maximum Limit of Reimbursement per claim $ 100,000. (No Annual Aggregate Limit) Legal Expense Percentage of Legal Fees and Expenses 100% Maximum Limit of Reimbursement per claim $ 100,000. Annual Aggregate Limit $ 250,000. RECREATION AFFILIATES General Liability Each Occurrence Limit $ 5,000,000. Products — Completed Operations Hazard Aggregate Limit $ 5,000,000. Employers' Liability Limit $ 5,000,000. Personal Injury Limit $ 5,000,000. Tenants' Legal Liability Limit $ 5,000,000. Deductible $ 1,000. Non -Owned Automobile Limit of Protection per occurrence $ 5,000,000. (No Annual Aggregate Limit) Legal Liability for Non -Owned Vehicles (S.E.F. No. 94) All Perils Physical Damage Limit $ 100,000. Deductible $ 500. Frank Cowan Company Limited -8- SUMMARY OF COVERAGES LIMITS /AMOUNTS 1fi s`S �L�f Property Insurance (including Data Processing Insurance) Total Sum Insured * Valuable Papers Accounts Receivable Extra Expense (other than Data Processing) Business Interruption Rent or Rental Value Form Gross Revenue Form Data Processing System and Equipment Media Extra Expense Watercraft Floater PROGRAM SUMMARY *Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of insurance or that are excluded from the policy. Frank Cowan Company Limited - 9 - $ 118,080,607 $ 500,000. $ 500,000. $ 500,000. $ 500,000. $ 3,031,300. $ 2,323,600. $ 135,000. $ 100,000. $ 194,500. Deductible $ 10,000. Exceptions: Data Processing $ 2,500. - Day Care Building, 5027 Drummond Road, Museum Contents including Artifacts, $ 2,500. Furnishings of Niagara Falls Professional Fire - Fighters Association Local 528, History Books "The Niagara Portage Road" and Educational Toy "FLASHY" PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS /AMOUNTS Equipment Breakdown Limit per Accident - Comprehensive $ 50,000,000. Extra Expense $ 500,000: Spoilage — Goods under Refrigeration $ 50,000. Business Interruption — Loss of Profits (Gross Revenue): - Niagara Falls Memorial Arena, 5145 Centre St., Niagara Falls, ON L2G 3P3 $ 319,800. - Stamford Memorial Arena, 6750 Frederica St., Niagara Falls, ON L2G 1C9 and $ 634,000. Jack Bell Arena, 6750 Frederica St., Niagara Falls, ON L2G 1C9 - Chippawa Willoughby Memorial Arena, 9000 Sodom Rd., $ 207,500. Niagara Falls, ON L2E 6S6 - Municipal Swimming Pool, F.H. LesliePark, 5250 Valley Way, Niagara Falls $ 28,000. ON L2E 657; Municipal Swimming Pool, Mitchelson Park, Dorchester Road, Niagara Falls, ON L2E 657; Swimming Pool at Prince Charles Park, 6320 Arad St., Niagara Falls, ON L2G 2Z7; Office, Lunchroom and Maintenance Building, 4501 Stanley Avenue, Niagara Falls, ON L2E 6S7 - McBain Community Centre, 71560 Montrose Road, Niagara Falls, ON L2E 6S7 $ 42,000. - Terminal — Garage — Office Building, 4320 Bridge St., Niagara Falls ON L2E 2R7; $ 1,800,000. Bus Terminal, 4555 Erie Ave., Niagara Falls, ON L2E 7G9 Expediting Expenses Included By -Law Cover Included Errors and Omissions $ 100,000. Hazardous Substance (including PCB Contamination) $ 500,000. Ammonia Contamination $ 500,000. Water Damage $ 500,000. Professional Fees $ 500,000. Data Restoration $ 25,000. Denial of Access 2 Weeks Deductible $ 10,000. Frank Cowan Company Limited - 10 - PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS /AMOUNTS Automobile Fleet Liability Limit $ 20,000,000. Deductibles Section 3 (Third Party) $ 10,000. Section 6 (Direct Compensation) $ 10,000. All Perils $ 10,000. OPCF # 20 - Coverage for Transportation Replacement applies to: - 1999 Fore Service Van, 2004 Chev Venture and 1995 Dodge Ram Truck - Limit $ 10,000. per occurrence Automobile Fleet (Transit) Liability Limit $ 20,000,000. Deductibles Section 3 (Third Party) $ 10,000. Section 6 (Direct Compensation) $ 10,000. Accident Benefits $ 10,000. All Perils $ 10,000. OPCF # 20 - Coverage for Transportation Replacement applies to: - 2002 Ford Chair -A -Van, 2001 Ford Handicap Van, 2003 Girardin Handicap Van, 2006 Corbeil Chair -A -Van and (Two) 2006 Girardin Chair -A -Vans (S/N's A17818, A52286) - Limit $ 10,000. per occurrence Garage Automobile Third Party Liability Limit $ 20,000,000. Customer Vehicles Collision Limit $ 500,000. Deductible $ 500. Comprehensive Limit $ 2,000,000. Deductible $ 1,000. NOTE: Value Added Risk Management Services are included in the total premium. Frank Cowan Company Limited - 11 - MUNICIPAL LIABILITY $ 533,256. $ 546,587. ERRORS AND OMISSIONS 46,047. 46,047. NON -OWNED AUTOMOBILE 500. 500. FOLLOW FORM EXCESS LIABILITY 27,246. 28,305. ENVIRONMENTAL LIABILITY 38,650. 38,650. COMPREHENSIVE CRIME 4,750. 4,750. COUNCILLORS' ACCIDENT 558. 558. FIREFIGHTERS ACCIDENT 6,600. CONFLICT OF INTEREST 810. 780. LEGAL EXPENSE 6,363. 6,857. RECREATION AFFILIATES: GENERAL LIABILITY 3,427. 3,427. NON -OWNED AUTOMOBILE 100. 100. PROPERTY/DATA PROCESSING EQUIPMENT BREAKDOWN COST ANALYSIS EXPIRING RENEWAL PROGRAM PROGRAM 2008 -2009 TERM 2009 -2010 TERM Frank Cowan Company Limited 93,763. 7,429. sq _5D7- 7,429. COST ANALYSIS OWNED AUTOMOBILE (CITY) 96,060. 96,060. GARAGE AUTOMOBILE (CITY) 9,207. 9,207. EXCESS AUTOMOBILE & GARAGE (CITY) 2,347. 2,347. OWNED AUTOMOBILE (TRANSIT) 191,037. 191,037. EXCESS AUTOMOBILE (TRANSIT) 5,204. 4,571. ANNUAL PREMIUM $ 1,073,354. $ Frank Cowan Company Limited - 5 - EXPIRING RENEWAL PROGRAM PROGRAM 2008 -2009 TERM 2009 -2010 TERM 1, W3,319, PLUS APPLICABLE TAXES December 1. 2008 Lisa Savoie Niagara Falls Fire Department 5809 Morrison Street Niagara Falls, ON l2E 2E8 RE: New Accident and Sickness Policy For: Policy Number: NA Policy Inception: 1/1/2009 Effective Date: 1/1109 to 1/1/10 Dear Lisa' On behalf of VFIS and American Home Assurance Company, thank you for your continual support of our program and renewing your business with us. With respect to the tire department mentioned above, the total premium shall be as follows: Please make cheque payable to: Gaetano Gismondi Benefits Division VFIS POLICY INVOICE Before Tax Total Gross Premium: On Duty Coverage: 24 Hour Member Only Coverage: Total Net Premium: Note: The Ontario (8 %) Retail Sales Tux igglaffiliNar Nag V0 /T© 39dd NV0 lir 2i3SSIlb4 dd3r Ir City of Niagara Faits fire Dept. $6,305.00 $6,305.00 $0.0D $6,305.00 $504.40 Once again, thank you for placing your business with us. If you have any questions, please give us a call. Sincerely, 601;a rwdl AIG Commercial Insurance Company of Canada P.G. Box 7463 Postal Station A Toronto, Ontario MSW 3C1 89L£S£Z6IS 1- 8x0.461 -8347 09 :£0 80 0Z /te /zn VS /Z0 39Cd Offered and Prepared By: Prepared By: Preparation Date: 02/05/2008 �vFIs. An Accident & Sickness Proposal Prepared For City of Niagara Falls Fire Department Niagara Falls, Ontario American Home Assurance Company 145 Wellington Street West Toronto, Ontario M5J 1Ha (800) 461-8347 VHS 145 Wellington Street West Toronto, Ontario M5J 1H8 (800) 461 -8347 This Proposal Is Valid for 90 Days NCO h P b3SSFIN AEC 89LE9E36TS 69 :E0 8002 /T0 /Z VO /EO 39VcI Prepared For: City of Niagara Falls Fire Department Volunteer Basic Benefits Limit Lose of Life Benefits Accidental Death Benefits Accidental Death Indemnity Benefit Principal Sum 100.000 Seat Belt Benefit Amount 10,000 Illness Lass of life Benefit Principal Sum 100,000 Dependent Benefit Amount Per Dependent Child 10,000 Spousal Support Benefit Amount 5.000 Memorial Benefit Amount 2,000 Repatriation Benefit Amount Maximum Amount 10,000 Lump Sum Living Benefits Accidental Dismemberment Maximum Amount 100,000 Horne Alteration and Vehicle Modification Maximum Amount 10,000 Vision Impairment Benefit Maximum Amount 100,000 Permanent Physical Impairment Injury Only Maximum Amount 100,000 Cosmetic Disfigurement Resulting From Bums Maximum Amount 100,000 HIV Positive Benefit Principal Sum 100,000 Weekly Income Benefits Total Disability Benefits Weekly Income Benefit (first 28 days) Maximum Weekly Amount (after 28 days) Minimum Weekly Amount Partial Disability Benefits Weekly Income Benefit (first 28 days) 150 Maximum Weekly Amount (after 28 days) 40U Minimum Weekly Amount 38 Occupational Retraining Benefit Maximum Amount 20,000 Modica( Expense Benefits Benefits Paid: Excess of Worker's Comp Medical Expense Maximum Amount 10,000 Cosmetic/Plastic Surgery Maximum Amount 10,000 Post Traumatic Stress Disorder (Per Incident) Maximum Amount 10,000 Critical Incident Stress Mgmt. (Per Covered Activity).— Maximum Amount 2,500 Family Expense Benefit Per Day 100 300 900 75 Total Volunteer Basic Prerniurn: 5,912 NV3 lif aBssnw SEC 8SLE5E36 TS 09E0 8006/10/3T L 60 /V0 3O Prepared For City of Niagara Falls Fire Department Volunteer Basic Benefits Premium Totals from Previous Page 5,912 Volunteer Optional Benefits Limit Premium Weekly Permanent Physical impair. Benefit Maximum Weekly Included 393 Optional Weekly Permanent Physical Imp. COLA Benefit Not Included 0 Weekly Hospital Indemnity Benefit Not Included 0 Additional Weekly Disability Benefit Not Included 0 Optional Benefits for Special Activities Rider Not Included 0 Policy Amendment Rider Not Included 0 Total Volunteer Optional Premium: 393 Total Volunteer Premium: 6,305 1 Grand Total Volunteer Premium: 6,305 Optional Off Duty Benefit Packages Premium Per Member Optional Off Duty Benefit Package (Member Only)" 60 Opt. Spouse Dependent Benefit Pkg...........(Member and Family)" S0 Since this benefit is based on exposures (e.g. number of persons, type of activity, type of league) premium may vary annually based on differences in exposure. These are per member premiums. The total premium will be based on the number of participating members. Nti3 11f a3ssrhs 3d3' 89/.65E66 IS 0S :£0 800L /L0 /Zt December 15, 2008 F- 2008 -50 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -50 Renovation Update NiagaraaaaaaaJalls C A N A D A RECOMMENDATION: For the information of the Corporate Services Committee. BACKGROUND: Since the recent move of the Information Systems Division to the Elgin Block on Erie Avenue, the Finance Division has been undergoing interior renovations. To date, a security entrance has been added, the carpet has been replaced, the ceiling tiles replaced, the walls repainted, interior door transoms have been changed to glass, and some electrical services have been upgraded. Soon the florescent re- lighting will be completed and the cashier counter and clerk workstations will be replaced with new ergonomic furniture. Although these changes are now being implemented, they are the result of years of consultation, planning, and costing. Staff has been working with Emilio Raimondo, Architect, to achieve the best uses of space for the long term. Mr. Raimondo has provided professional guidance and technical expertise to renovate the existing offices for an improved Public service and an enhanced work environment for the Staff. The renovation undertaking has been divided into phases to decrease the interruption to the daily workflow. Every effort is being maximized to insure the appropriate expenditure of the funds for each phase of the renovation. Total costs for the Finance renovations will amount to approximately $132,500. Th ftinds for this phase, the previous IS relocation and the future Clerks renovation eF ginally set aside in 2002. PO B 1023 ONltanada L2Ei6X5 905356 7521;- wwwniagarafails.ca Working Together to Serve Our Community Corporate Services Department Finance December 15, 2008 2 F-2008-50 At that time, the Transfer to Capital was reserved knowing that it might take some time to accomplish so many objectives which affected three Divisions and 45 staff. Staff are also hoping that the funds will be sufficient to pay for a new receiving dock at the rear of City Hall. All of these changes are being monitored by the City's Building Staff, and Health and Safety Staff, to insure proper attention is given to the needs of the Staff. Special appreciation is given to Staff members, Anny Felicetti and Catherine Luey, who have provided leadership and encouragement to finish this phase of the renovation. Council's ongoing support for these changes is appreciated by all the Staff. Recommended by: Respectfully Submitted: Todd Harrison, irector df Financial Services Ken Burden, Executive Director of Corporate Services December 15, 2008 HR- 2008 -06 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: HR- 2008 -06 Non Union By -law (Overtime) RECOMMENDATION: BACKGROUND: Niagaraj7alls CANADA That Council support an amendment to the Non Union By -law, effective this winter season, which provides an overtime payment up to a maximum of one week to those supervisory staff who are called out for emergency situations. In January, 2008, following several large winter storms, City Council approved a new Winter Maintenance Policy Plan that provided improvements to sidewalk clearance, modifications of routes, and a storm communication plan. In the past, the City of Niagara Falls and many municipalities have found it difficult to provide important road maintenance and supervision, including snow removal, while staying within the statutory time -off requirements that apply to drivers of commercial vehicles and other employees under the Employment Standards Act (2000) and the Highway Traffic Act (2007). Last year, the Provincial Government responded to these concerns by adopting revised legislation to allow for snow removal "emergencies" to be exempt from the "time off'requirements contained in the hours of service /work regulations where municipal workers are operating commercial vehicles in a variety of situations where public safety may be endangered. The exemption allows municipalities, ,;road authorities and utilities to respond to imminent dangers and emergencies. Once the response is complete, however, drivers must receive the "appropriate" time off work and will be again subject to the requirements of the Hours of Service regulations. One of the biggest changes to our City's new Winter Maintenance Policy was the additional use of supervisory staff, who are called out to closely monitor the operations and make critical and timely decisions. While;:Unionized staff are paid overtime premiums for working in emergency situations, supeors are not paid any extra compensation. Often times these emergencies occ tR he middle of the night or early morning hours t tiueen Street PO Box t023`Niagara Falls ON; Canada L2E 6X5; 905- 356 -7521 www.niagarafalls.ca Corporate Services Department Human Resources December 15, 2008 2 HR- 2008 -06 Non Union supervisors are entitled to receive up to two weeks in lieu of overtime to be banked at straight time. Given their regular hours of work, however, supervisors often bank this lieu time in a few months. As a result, many supervisors are not provided any compensation for their presence during these emergency winter storm situations. This provision is intended for Level 10 Supervisors in the Non Union ranks but not exclusive to these positions provided that the employee meets the definition of an "emergency situation Summary Conclusion Provided that the Non Union supervisors have maximized their overtime of ten (10) days, it is recommended that overtime be paid up to a maximum of one week per calendar year for the supervision of "emergency situations This would require a revision to the Non Union By -law as outlined in the attached draft on page 4, section 7 b and c. Recommended by: Approved by: Attach. Trent Dark, Director of Human Resources Ken Burden, Executive Director, Corporate Services 1. DEFINITIONS In this By -law 2. SHORT TERM DISABILITY 3. PENSIONS CITY OF NIAGARA FALLS By -law No. 2008 A By -law respecting sick leave, pensions and other benefits for employees. WHEREAS the collective agreements entered into with bargaining agents on behalf of certain employees of the City of Niagara Falls make provisions for sick leave, pensions and other benefits; and WHEREAS it is deemed expedient to pass a By -law to prescribe the sick leave, pensions and certain other benefits for employees of the City who are not covered by a collective agreement; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: (a) "Corporation" means The Corporation of the City of Niagara Falls; (b) "Employee" means all permanent full -time employees of the Corporation who are directly under the control of the Council of the Corporation exclusive of the employee to whom a collective agreement with any bargaining agent or agency appl ies. (a) It is acknowledged that the present Short Term Disability Plan has been in effect since June 1, 1988 and that prior to that date sick leave credit gratuity plans were in effect in the City of Niagara Falls and former Township of Stamford. (b) Short Term Disability means the period of time an employee is permitted to be absent from work with pay by virtue of being sick, quarantined because of exposure to contagious disease, or because of an accident for which compensation is not payable under the Workers' Compensation Act. Such an employee may be required to supply medical certification for such absence, certifying that the employee is unable to report to work. (c) Sick leave shall not be available to a new employee until s/he has completed a three (3) month waiting period. (d) An employee shall be entitled to Short Term Disability coverage in accordance with Human Resources Policy Number 400.15. The Corporation and the employees shall make contributions in accordance with the provisions of the Ontario Municipal Employees Retirement System and the Canada Pension -1- Plan. The normal retirement age for all Non -Union staff is age 65 as provided for in the OMERS Pension Plan. The Corporation shall provide an OMERS Type 1 Supplementary Pension for its management group of employees. GENERAL WELFARE The Corporation shall make available the following benefits, subject to the provisions of the plans; (a) Life and Accidental Death and Dismemberment Insurance All employees under age 65, one and one -half times basic annual salary to the next highest $500. For employees who retire after March 1, 2006, retired employees up to 70 years of age: $50,000. The Accidental Death Dismemberment provision shall not apply to retired employees. (b) Supplemental Hospital (Semi- Private). (c) An Extended Health Care Plan $10 $20 deductible $350 per person every two (2) years for eyeglasses (can be used to offset laser eye surgery) $75 per person for eye examinations every two years. Effective September I 2008, $1,000 per person every three (3) years for hearing aids. (d) A Dental Plan based upon the Blue Cross #9 or an equivalent at the O.D.A. Suggested Fee Guide for General Practitioners for the year preceding the current year. Orthodontic benefits, 50% co- insurance, $2,500 per person lifetime maximum with a total family lifetime claim maximum of $5,000. Crowns and Bridges at 50% co- insurance with an annual maximum of $1,000 per year. (e) Effective March 1, 2006, paramedical benefits including Chiropractic benefits have a $750 annual maximum for employees and $350 annual maximum for employees' dependents with a $50 per visit maximum per person. (f) A Long Term Disability Plan to provide 75% of normal gross monthly earnings to a maximum of $8,500 until age 65, plan to be "Own Occupation two years," to be effective after an elimination period of 120 days disability. Benefits provided under Article 4 to be paid by the employer while employee is on LTD. benefit. If disabled after age 63 benefits are payable until age 65. An employee must make application for OMERS Disability Pension Benefits if requested to do so by the LTD carrier. The services in (a), (b), (c), (d), (e) and (f) shall be paid for 100% by the Corporation. The services in (a), and (b) shall be available to employees retired after January 1, 1969 and the cost shall be borne 100% by the Corporation, so long as the coverage is available from the Underwriter at group rates. -2- The services in (a), (b), (c), (d), and (e) shall be available to employees who retire early using the 90 factor under the O.M.E.R.S. Pension Plan, and the cost shall be borne 100% by the Corporation, as long as the coverage is available from the Underwriter at group rates. PAID HOLIDAYS In accordance with Ontario Employment Standards guidelines, an employee shall receive the equivalent of one (1) day's pay at his /her current rate for each of the following holidays, regardless of the day on which the holiday is observed: New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day The employee must have worked 6 full calendar months in order to receive the following additional days: One day on Christmas Eve or New Year's Eve or other day designated by the Corporation (the choice at the discretion of the Corporation); One Floating Holiday to be scheduled by mutual agreement between the employee and his /her supervisor; and any other day proclaimed as a holiday by the Federal or Provincial Government or the Mayor of the City of Niagara Falls provided that: (a) The employee has worked his/her scheduled regular day of work preceding or his /her scheduled regular day of work following the paid holiday, unless excused in writing by the Chief Administrative Officer, for reasonable cause. (b) If a paid holiday is observed during an employee's vacation, such employee shall be given another day's vacation with pay. 6. VACATIONS An employee shall receive an annual vacation and vacation pay on the following basis: Years of Service as of May 31 of the Current Year Vacation Vacation Pay Less than one year 1 working day for 4% each month up to a maximum of 10 One year or more 2 weeks 4% Three years or more 3 weeks 6% Ten years or more 4 weeks 8% Sixteen years or more 5 weeks 10% Twenty -four years or more 6 weeks 12% After one year or more employees who have previous direct experience may be entitled to three (3) weeks vacation at the discretion of Human Resources. After one year or more employees in Salary Grades 14 21 shall be entitled to three (3) weeks vacation or employees 3 with previous direct experience may be entitled to four (4) weeks vacation at the discretion of Human Resources. Each week of vacation pay will be calculated at the appropriate percentage shown above of gross annual earnings in the vacation year ending May 31S, or at the employee's normal weekly hours times his /her regular rate, whichever is greater. An absent employee who ceases to be entitled to receive pay from the Corporation due to being granted leave of absence without pay or having exhausted his /her sick leave credits shall be entitled to vacation pay only to the extent and in proportion to the time for which s /he has been paid during the year ending May 31 based on his/her standard working hours during such year. Subject to Department Head approval, up to ten (10) days vacation may be carried forward to the following year. 7. OVERTIME (a) Employees in Level 9 and Below (c) Employees in these levels will be paid at time and one -half for all hours worked, Sundays or Paid Holidays included. Ten days of lieu time at the normal weekly hours may be accumulated and is earned at time and- one -half, Sundays included. Employees in Level 10 and Above Employees in these levels may accumulate ten (10) days of lieu time which is all earned at straight time, Sundays or Paid Holidays included. Supervisors only (Level 10) who work on any of the 10 normal paid holidays will be paid double time for those hours only. No equivalent time off will be granted. A minimum of thirty (30) minutes overtime must be performed at any one time before overtime is payable. (b) Overtime worked by any one employee shall be limited by the provisions of the Employment Standards Act, In case of an accident or in case of work urgently required to be done to machinery or plant, the employer may require an employee to work beyond the normal limits of hours of work prescribed by the Employment Standards Act. Authorization for such emergency conditions shall be obtained from the Chief Administrative Officer and shall include but not limited to employees who are required to work and /or operate vehicles while responding to an emergency situation or impending situation that constitutes an imminent threat, risk or danger, though not necessarily one of major proportions to life, property or the environment, whether caused by forces of nature, an accident, an intentional act or otherwise. Provided employees have maximized their lieu time of ten (10) days, overtime may be payable up to a maximum of one (1) week per calendar year for emergency situations identified in part (b). -4- (d) All work for which overtime is payable must be authorized by the Department Head concerned. (e) Non -Union staff are not entitled to meal allowances for Overtime worked. PAYMENT TO DUTY SUPERVISOR In lieu of shift differentials, weekend bonus and overtime pay Duty Supervisor will be paid the following amounts in addition to their regular rate of pay: Shifts other than day shift, Monday through Sunday $5.00 per shift. 9. By -law Number 96 -275 is hereby repealed. Passed this fifteenth day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 15, 2008 December 15, 2008 December 15, 2008 -5- December 15, 2008 L- 2008 -43 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -43 Withdrawal of Declaration of Surplus Part of Block A, Plan M -67 Our File No.: 2008 -230 RECOMMENDATION: That Council approve the withdrawal of the declaration of surplus for Part of Block A on Plan M -67 "subject lands until such time as its future utility to the City is determined. BACKGROUND: NiagaraaaaaaaaJalls CANADA In 2004 Council approved Report MW- 2004 -97 which carried the recommendation that "the City of Niagara Falls declare Part Block "A" as surplus and further that staff be authorized to enter into negotiations with the subject landowners (if interested) for the sale of these lands subject to any easements, exchanges, setbacks or access constraints that may apply on an individual basis The Report is attached as Attachment "1 As a result of the above, in 2006 a land exchange was conducted between Gordon Wright Electric and the City in order to accommodate its plans for a minor expansion of its operation and to allow the City to construct a cul -de -sac on Don Murie Street. Since that time a secondary plan review to address issues such as possible road requirements, municipal servicing opportunities and creation of a parkway setting is being undertaken with respect to the future Thundering Waters Subdivision. Based on the above, Staff is recommending that the declaration of surplus be withdrawn. Recommended by: Approved by: K. Beaman /L. Banks PI 6t41,,Aeml. Ken Beaman, City Solicitor Burden, Executive Director of Corporate Services 31E1Queen Street PO Box 1023 Niagara Falls ON,.Canada,iL2E 6X5 905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services The City of Niagara Fall Canad a Members: Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that the City of Niagara Falls declare Part Block "A" Plan M 67 as surplus lands and further that staff be authorized to enter into negotiations with the adjacent Landowners (if interested) for the sale of these lands subject to any easements, exchanges, setbacks or access constraints that may apply on an individual basis. BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: (905) 356-7521 (905) 356-2354 edullovi city.niaoarafalls.on.ca June 14,2004 Re: MW- 2004 -97 Disposal of Surplus Lands Chippawa Parkway Part Block "A" Plan M 67 Ed Dujlovic Director The recommendation(s) contained in this report were adopted in committee and ratified by City Council Recently, City Council has agreed to sell city -owned lands within the Stanley Avenue Business Park to private interests. These lands were under utilized and unserviced and included an approximate 100' wide buffer strip (referred to in this report as Block "A which bordered the northerly limit of the Chippawa Parkway across the entire frontage. These lands were included in the purchase because they do not extend continuously along Chippawa Parkway and, based on an internal staff review, exceed the amount of land that may be required in the foreseeable future for municipal purposes such as road widenings, trails or public amenity areas. Staff has now received a second request from Gordon Wright Electric Ltd. to consider the sale of a portion of these lands which can then be used to accommodate their plans for a minor expansion of their operation. The details of this request are outlined in report (MW- 2004 -106). In anticipation of future interest in these lands from other adjacent property owners, staff is recommending that the City declare these lands as surplus and seek authorization to enter into negotiations with any interested parties in order to expedite the process. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services MW- 2004 -97 June 14, 2004 MW- 2004 -97 Although the entire strip is being deemed surplus it is still our intention to retain any portion of the lands that will be required to satisfy the City's Zoning By -law and Official Plan requirements for desired road widths and will include a 1' (0.3m) reserve to preclude any access to Chippawa Parkway from the industrial property. The terms and conditions of any sale will be brought to City Council for endorsement and the current policy with respect to the disposal ofpublic lands (i.e., appraisals, reference plans, etc.) will continue to apply. Attached is a sketch showing the approximate limits of the subject property. Prepared by: Respectfully submitted: Geoff Holman Manager of Development Approved b Ed Duj ovic, P.Eng. Director of Municipal Works Attach: S:\REPORTS12004 Reports \M W- 2004.97 Disposal of Surplus Lands Block A Report.wpd ohn MacDonald Chief Administrative Officer EMI DISPOSAL OF SURPLUS LANDS BLOCK "A" PLAN M -67 Lands conveyed to Fallsview Golf Inc. Proposed Surplus Lands Block "A" Lands conveyed to Fallsview Golf Inc. The City of Niagara Fal Canad j K :GIS_RepuazbV W/1Custa nUnLemaMlumwks1Sttaey_IMUSWI_POrkYnap(/npapr Juno 2004 Conflict: Action: -3- Alderman Kerrio Recommendation submitted to Council 2004 -06 -14 d) MW- 2004 -97 Disposal of Surplus Lands Chippawa Parkway, Part Block "A" Plan M 67 IT WAS MOVED BY MAYOR SALCI and seconded by Alderman Diodati that the City of Niagara Falls declare Part Block "A" Plan M 67 as surplus lands and further that staff be authorized to enter into negotiations with the adjacent landowners (if interested) for the sale of these lands subject to any easements, exchanges, setbacks or access constraints that may apply on an individual basis. Motion: Carried Conflict: Alderman Kerrio Action: Recommendation submitted to Council 2004 -06 -14 e) R- 2004 -39 Proposed Bike Lanes Along River Road IT WAS MOVED BY ALDERMAN DIODATi and seconded by Mayor Salci that Committee supports the removal of existing "No Parking Except by Permit Zone" signs and placement of painted bike lanes along River Road from Hiram Street north to the Leader Lane area. Furthermore, that a copy of this report be sent to the Niagara Parks Commission for their approval. Motion: Carried Conflict: Alderman Wing Action: Recommendation submitted to Council 2004-06-14 f) R- 2004 -41 Request for Financial Assistance Niagara Falls U12 Boys Soccer Team IT WAS MOVED BY ALDERMAN WING and seconded by Alderman Morocco that the request for funding be denied. Motion: Action: 4) NEW BUSINESS: Carried Recommendation submitted to Council 2004-06-14 a) IT WAS MOVED BY ALDERMAN WING and seconded by Alderman Morocco that prepare a report on turn movements to the Tim Horton's access on Drummond Road at Frederica Street. December 75 0 "4 L- 2008 -44 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -44 Release of Subdivision Agreement 6969 Oakwood Drive Our File No.: 2008 -264 RECOMMENDATION: That the release of a Subdivision Agreement dated June 29, 1962 and registered on title to the property known municipally as 6969 Oakwood Drive, shown hatched on Attachment "1", is hereby approved and authorized. BACKGROUND: On June 29, 1962 The Corporation of the City of Niagara Falls "the City entered into Subdivision Agreement with Rosemont Investments Limited for the purpose of complying with the conditions precedent to registration of the plan of subdivision. A copy of the Subdivision Agreement is attached as Attachment "2 The City has received a request to remove the said Subdivision Agreement from title to the property as it is no longer applicable against the property. Upon circulation of the above request to various City departments, there were no objections to the release of the Subdivision Agreement from title to the property. Recommended by: Approved by: K. Beaman /L. Banks Niagararalls C A N A D A Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services eet POBoxii023 Niagara Falls'ON; Canada L2E6X5 9b5- 356 -7521 www.niaga rafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services TERANET' Teraview 0 82 169 296 328 410 992 metres Nov 11, 2008 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded In the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto: 416 360 -1190) 0 DOMINION OF CANADA .PROVINCE OF ONTARIO COUNTY OF WELLAND TO WIT: 3 3 IN THE MATTER OF parts -of Township Lots Numbers 157, 162 and 171 for the Township,of Stamford. AND IN THE MATTER OF Plan registered as Number 228 for the Township of Stamford. I, A. C. Huggins,.Municipal Clerk, of the Township of Stamford, County of Welland, do solemnly declare: 1. THAT I am Municipal Clerk of the Corporation of the Township of Stamford, party to an instrument affecting land being parts of Township Lots Numbers 157, 162 and 171, which said instrument Is an Agreement between the said'Corporation and Rosemont Investments Limited dated the 25th day of May, 1962, and as such have knowledge of the-facts. 2. THAT the said instrument affects the lands within the Registry Division of the County of Welland hereinafter described as follows: Parts of Township Lots Numbers 157, 162 and 171 fdr the Township of Stamford, and Plan registered as Number 228 for the Township of Stamford, com- prising lots numbered 1 to 24 inclusive. 3. AND I make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath, and by virtue of the Canada' Evidence Act. DECLARED before me at the City of Niagara Falls, in the County of Welland, this 22nd day of June,1962. a d ,1 net, THIS AGREEMENT made in quadruplicate this twenty -fifth day.of May in the year of Our Lord one thousand nine hundred and -sixty -two B E T W E E N ROSELDNT INVESTMENTS LIMITED Hereinafter called "The Subdivider" -and- THE CORPORATION OF THE TOWNSHIP OF STALWORD, a Local Municipality within the County of Welland Hereinafter called "The Corporation WHEREAS the Subdivider is the owner inter alia. of Parts of Township Lots 157, 162 and 171 within the Township of Stamford, in the County of Welland, and has made application for approval of a plan of subdivision of the said lands to The Minister of Tiunicip Affairs of the Province of Ontario, as shown upon a plan attached I hereto and marked Schedule "A" to this Agreement, dated the 17th day of November, A.D. 1961, as prepared by N. J. Sunstrum, O.L.S., 0 comprising twenty -four lots and Blocks A, B, G ;.D, and E, in order.. that same may be registered in the Registry Office for the Registry Division of the County of Welland as a plan of subdivision; AND WHEREAS the M nister of Municipal Affairs has stipulated certain conditions precedent to granting approval of registration. of the said proposed plan of subdivision; AND WHEREAS the Subdivider' has agreed to enter into the within Agreement for the purpose of complying with the conditions precedent to registration of the said proposed plan of subdivision as aforesaid; OF THE SECOND PART t. AND WHEREAS it is the intention of the parties hereto that the terms and conditions of this Agreement be covenants that run with the land and that same be binding upon the parties, their respective. assigns and /or successors, and that this Agreement be registered in the Registry Office for the Registry Division of the County of Welland concurrent with the registration of the said plan. NOW THEREFORE this indenture.witnesseth that in consideratio of the premises and the covenants herein contained, and in further consideration of the acceptance by the Corporation (after compliance with the requirements of the Corporation as hereinafter set out), of the roads and streets as laid out as public highways in the said plan, and of the acceptance by the Corporation of certain other lands as hereinafter described, the parties hereto mutually covenant and agree as follows: TAXES 1. The Subdivider shall concurrent with the execution of the Agreement pay to the Treasurer of the Corporation arrears of taxes I(if any) and current taxes to the 31st day of December, 1961, on all that parcel of land being Part of Township Lots 157, 162 and 171, from which the lands to be included in the said plan of subdivision 1 are taken, and such taxes to include local improvement charges assessed (if any). ROADS 2. (a) The Corporation will construct roads throughout the subdivision upon the area designated as "Oakwood Drive" on the plan of subdivision, the road to consist of a 12" to 15" consolidated stone base with surface treatment, and the pavement to be of a width of 26 feet. c {pa Tut- (b) The Corporation will also install all necessary culverts and driveway ramps as may be required for entrance into each lot. (c) The Subdivider shall secure the approval of the Niagara Falls and Suburban Area Planning Board to the name Oakwood Drive." (d) The lands comprising "Oakwood Drive" shall be dedicated for road purposes. (e) The Corporation agrees to construct the road commencing at the southerly end of the subdivision and extending the road northerly as required. (f) .In the event that Lots 1 to 5 are used for tourist commercial or residential uses, the Subdivider agrees to pay forthwith thereafter the full. cost of completing that portion of "Oahu/Gad Drive" `fron McLeod Road northerly to a line being the extension easterly of the northerly limit of Lot 5 across Oakwood Drive. Upon such lands being used for tourist commercial. or residential uses, the Corporation shall immediately determine:the proportionate cost of that portion of Oakwood Drive as hereinbefore set out and notify the Subdivider of this price; whereupon the amount shall immediately become due and payable to the Corporation. (g) The Corporation agrees to establish and thaintain one turning circle to be situate on Block "E" according to the plan as indicated on the sketch attached hereto for use by all authorized traffic in the construction and development of the roads and other services to be used in connection with the proposed plan' of sub- division, which turning circle the Corporation agrees to maintain until such time as Oakwood Drive is.extended in the northerly direction to connect with a public highway permitting uninterrupted ingress and egress for all traffic into the lands contained in said G proposed plan of subdivision. All costs of establishing and maintaining said traffic circle shall be borne by the Corporation. DITCHES AND STORM SEWERS 3. (a) Trie Corporation will construct throughout the subdivision such ditches and storm sewers as may, in the opinion of the Corporation's Engineer. be adequately required to drain surface water from the lands comprised in the subdivision.- These surface raters shall be drained into the Canal of the Hydro Electric Power Commission. ,(b) The Subdivider agrees to provide at its own expense all such easements for the purpose of ditches and storm sewers as may be requested by the Corporation, whether such easements be over the lands of the Subdivider or over the lands of the Hydro Electric Power Commission. (c) In the event that Lots 1 to. 5 are used for tourist commercial or residential ues; the Subdivider agrees to pay. forthwit thereafter the full cost of ditches and storm sewers required to drai the said Lots 1 to 5. Upon such lands being used for tourist commercial or residential uses, the Corporation shall immediately determine the cost of such ditches and storm sewers as hereinbefore set out and notify the Subdivider of this price whereupon the amount shall immediately become due and payable to the Corporation. SEWERS 4. No provision is made in this Agreement for the construction of Sanitary Sewers. Should they be required by the. future owners of the lands, they may be erected under the provisions of the Local Improvement Act;' provided, however, that the full cost of the sewers to be laid under this plan shall be borne by the owners of lands within the plan and no portion of the cost-ot such sewers shall be borne by the owners of lands adjoining this plan. 5. (a) In the event that Iota 1 to 5 are used for tourist commercial or residential rises, the Subdivider agrees to pay forthwith thereafter the full cost of installing a watermain from McLeod Road northerly to a line being the extension easterly of the northerly limit of Lot 5 across Oal :wood Drive, the same to be con- structed in accordance with the specifications and standards as laid down by the Corporation's Engineer. Upon such lands being .used as tourist commercial or residential -the Corporation shall immediately determine the cost of installing the said watermain as hereinbefore set out, and notify the Subdivider of this price, whereupon the amount shall immediately become duo and payable to the Corporation. (b) The Corporation agrees to make water available at the southerly limit of the subdivision, the cost of bringing such water westerly on McLeod Road across the bridge at the Hydro Electric 4 Power Commission Canal to the southerly limit of Oakwood Drive to be f inanced by the Corporation by Local Improvement. This watermaiiC shall be constructed of a size in accordance with specifications down by the Corporation's Engineer. (c) The Corporation agrees that water services may be made available throughout the subdivision, the same to be paid for under the provisions of the Local Improvement Act, provided, however, that the full cost of the water services to be supplied under this plan shall be borne by the owners of the lands within the plan and no portion of the cost of such water services shall be borne by the owners of lands adjoining this plan. STREET LIGTHTING 6. The Subdivider shall forthwith pay to the Corporation or to the Public Utilities Commission of the Corporation 1;750.00 being the cost of and of installing along Oakwood Drive, street lightina brackets, and four foot fluorescent street lighting fixtures, as required for the proper lighting of Lots 1 to 5 inclusive. The Corporation agrees to install and pay for all other street lighting brackets and four foot fluorescent fixtures as and when required by the development of the subdivision. STREET SIGNS AND:STANDARDS 7. The Corporation will install the necessary street signs and standards. RESERVES 8. The Subdivider will convey to the Corporation the one- foot reserves along the northerly limit of Oakwood Drive, along the 'easterly boundary of Oakwood Drive, and along the northerly limit of that portion of the lands being conveyed by the Subdivider to the Corporation for the purpose of widening McLeod Road and daylighting the corner at the intersection of McLeod Road and Oakwood Drive which a reserves are shown on the attached plan as Blocks "A "C and ;'D". The Subdivider acknowledges and agrees that permission for vehicular traffic to cross the above mentioned one -foot reserve being Block "D" according to the plan attached shall not be granted unless and until the approval in writing of the Engineer for the County of Welland is first obtained. EASEMENT 9. The Subdivider agrees to grant to the Corporation an Casement over -the southerly fifteen feet throughout from front -to rear of Lot 15 according to said plan for the purpose of laying down, constructing, and maintaining a water line to be used in connection with the proposed plan of subdivision. 10. The Subdivider will convey or dedicate to the Corporation that part of those lands north of and:.inunediately adjacent to McLeod Road as shown on the attached plan for the purpose of widening McLeod Road to a width of fifty feet as measured from the centre line thereof and to daylight the intersection of Oakwood Drive and McLeod Road. 11. The Subdiyider.will convey to the Corporation for public purposes those lands contained in Blocks "B" and "E according to the attached plan. HIGHWAY WIDENING LANDS FOP, PUBLIC PURPOSES PAYMENT FOR SERVICES 12, llgtwithstanding the execution of this kgreement by either or both parties thereto, the Corporation shall not recommend approval of the said plan to The Minister of ldunicipal Affairs unless and until payment has been received of all amounts due hereunder to the Corporation. The said payments being estimates only, the Corporation shall, upon the completion of installation of services for which the Subdivider is required to pay the cost, adjust 'the actual cost. The Corporation shall thereupon repay to the Subdivider any and the Subdivider shall forthwith, on demand, pay any deficiency. h LOT NUMBER 1 4 (both inclusive) 14 19 (both inclusive) 26 24 (both inclusive) 5 13 (both inclusive 8 USE OF SUBDIVISION 13. It is agreed that, with the exception of Lots 1 to 5 inclusive, all other lots in the subdivision will be developed exclusively for Industrial purposes for the uses as set out in an Industrial "1" area pursuant to By -law No. 2350 of the Corporation. It is agreed that the Subdivider may .use Lots 1 to 5 for tourist commercial or residential uses within the terms of the Corporation Hy -law No contained. 2530 and subject to the conditions The Subdivider acknowledges and agrees with the Corporation that not*ithstanding the provisions of the presently existing Township Zoning By -law being By -law No. 2350 aforesaid that the minimum front yard for the buildings to be erected on the hereinafter mentioned lots contained in the proposed plan of subdivision shall be as.follows: 70 feet 60 feet LOCAL I t- WROVEtfSN'TS MINII4UM FRONT YARD Provided that if lots 1 to 5 are used for tourist commer- cial then the setback on lots 1 t 4 shall not be less than 40 feet and the setback on lo' 5 shall not be less than 30 feet.. The Subdivider acknowledges and agrees that notwith- standing the above conditions and the provisions of: the said By -law Number 2350, no industrial use of the lands contained in the proposed plan of subdivision shall be permitted unless and until the approval a in writing of the Welland andDistrict Health Unit has been first obtained as to the suitability of each of such proposed uses for septic tank sewage disposal system. 14. The said Subdivider,- its successors and assigns, DEVELOPMENT COVENAN1S TO RUN WITH THE LAND 16. To the intent that the terms as agreed to by the Subdivider shall constitute covenants which shall run with the land, the parties agree with each other and for the benefit of the Corporation and for all owners of any lands which may benefit by the said stipulations, restrictions and provisions, that the said Subdivider will henceforth observe and comply with the stipulations, restrictions and provisions set out herein, in respect of the land comprised in plan of subdivision hereto attached, and that nothing shall ever be. erected, fixed, placed or done upon the said lands in breach or violation or contrary to the fair meaning of the said stipulations, restrictions or provisions herein but this covenant is not to be held binding upon the Subdivider or any other person except in respect of breaches committed or continued during its joint. or sole ceisin of or title to the land upon or in respect of which such breaches shall have been committed. agree that they will support any application which may be made by the.Corporation or by the owners of lands in the-subdivision for the construction of services under the provisions of The Local Improvement Act. 15. It is agreed that developing of the subdivision and the installation of all roads and services shall proceed in two stages, commencing first at the southerly portion of the subdivision and proceeding the northerly portion of the subdivision. The two sections shall be as designated by the Corporation's Engineer. Roads and services shall not be supplied in the northerly section of the subdivision until seventy- five.per cent of the lots have been sold in the southerly section of the At /0 -lU- The covenants herein being covenants which run with the land, shall be binding upon the assigns and /or successors of the Subdivider and this Agreement shall be registered in -the Registry Office for the Registry Division of the County of Welland concurrent to the registration of the said plan. USES OF LOTS 1 TO 5 17. By way of explanation, it is understood and agreed that with respect to the requirements in this Agreement for the provisions of services for Lots .l to 5 with the exception of the street lighting as set out in Paragraph 6, the Subdivider will be required to pay for the services of only such of these lots as are used for residential or tourist commercial uses, and the Corporation will pay for the services with respect to any of the said Lots 1 to 5 which such lots are used for Industrial purposes. The service charges which are payable by the Subdivider upon the use of any of the Lots -1 to 5, inclusive, for residential!or i tourist commercial purposes shall be assessed and paid for by the Subdivider when the actual use of the property is determined or not later than the time of issuing a building permit for a building for residential or tourist commercial use, REGISTERED PLAN 188 4.6.- _41ae- Subdi.144es agrooc-- to.# -aJce- =].d- ai -af ts- AugI- ..xpense_zo_e£f act- th- o-24it.h4xawal-..fton.seg st-r .a#ioa -ct the-- ss....t,.Ly_saoistosod_ Plan- Sh.ua}»r.- 1EE- -som -4d trw -D€.€i a e- ot••4he 11ixi sioa- ot- tha- eau-nty-- o€- i:sl -iand-. 18. The Corporation agrees to release and quit claim to the Subdivider all of its right, title and interest in the one -foot reserves, the former grant of easement for water purposes and the portion of lands dedicated as park area an the presently registered plan of subdivision being Registered Plan Number 188 for the- Township of Stamford. IT IS UNDERSTOOD AND AGREED by the parties hereto that the within Agreement supersedes all other Agreements between the Parties hereto either written or verbal and more particularly super- sedes an Agreement dated the 21st day of August, 1961. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals and the hands of their proper signing officers on their behalf. ROSE1.ONP '1rNVESTI N'TS/ By 7 C: 1 THE CORPORATION OF THE IWNSHIP OF STMIFORD By And wanizazzicana 1 THIS. IS SCHEDULE "A" to an Agreement between Rosemont Investments Limi and The Corporation of the Township of.Stamford dated /3 May 25, 1962 i December 15, 2008 L- 2008 -45 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -45 Niagara Falls Hydro Holding Corporation Annual Resolution Our File No. 2002 -56 RECOMMENDATION: BACKGROUND: Recommended by: Approved by: K. Beaman /sm Attachment Niag araaaaaaaaaJalls CANADA 1) That Council adopt the Resolution attached as Appendix "1", in its capacity as the Shareholder of Niagara Falls Hydro Holding Corporation. 2) That the Mayor be authorized to execute the Annual Resolution on behalf of Council, as the shareholder's representative, pursuant to the Shareholder Declaration dated March 5, 2007. An Annual Resolution for the above mentioned Corporation is required pursuant to the Ontario Business Corporations Act. The execution of this Resolution is carried out by the Mayor, as the shareholder's representative of the Corporation, in accordance with the Shareholder Declaration. Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services Falls 6N Ca L2E 6X5 905- 356 -7521' www.ni Working Together to Serve Our Community Corporate Services Department Legal Services Resolved that: APPENDIX ",1. Annual Resolution of the Shareholder of Niagara Falls Hydro Holding Corporation 1. Approval of Financial Statements The consolidated and non consolidated financial statements of the Corporation for the financial year ending December 31, 2007 with the report dated March 12, 2008 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by -laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in Shareholder Declaration, Section 6 pursuant to Section 7 and Section 8 signed and dated March 5, 2007. Dated the 1st of December ,2008. Mayor Ted Salci, City of Niagara Falls December 15, 2008 MW- 2008 -71 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -71 Contract 2009 -01 2009-20011 Street Light Servicing Contract City Wide RECOMMENDATION: It is recommended that; 1. The unit prices submitted by the low tenderer, Ground Aerial Maintenance Services Ltd., be accepted and the by -law be passed. 2. That the Mayor and City Clerk be authorized to execute the agreement. BACKGROUND: The Tender Opening Committee, in the presence of the Managerof Supplies and Services, Ray Miller, opened tenders on Tuesday, November 25, 2008 at 1:30 p.m. for the above noted contract. The City of Niagara Falls advertised for the 2009 -2011 Streetlighting Servicing Tender in the local newspaper. Documents were issued to four (4) Bidders of which three (3) bids were received. Listed below is a summary of the totalled tendered prices received from the three(3) Bidders, 1. Ground Aerial Maintenance Services Ltd. 2. Trans Test Ltd. 3. Landley Utilities Contracting 4. Black McDonald Ltd. NiagaraJalls C A N A D A (GAMS) Niagara Falls) $294,522.68 Chesterville) (Bowmanville) Scarborough) $399,950.00 $540,590.00 no bid en StreetW0' Niagara FalisfdWCanada L2E.6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works December 15, 2008 2 MW- 2008 -71 It should be noted that a forth tender submission was brought in by Weinmann Electric, but had arrived after the closing time. It was not accepted. The lowest tender was received from Ground Aerial Services Ltd. in the amount of $294,522.68. It should be noted that the price is per year and is adjusted on a yearly basis using the Consumer Price Index. This Contractor has previously carried out this project for the City in a satisfactory manner. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: Funding for the contract is included in the annual operating budget account number 11- 3- 351000- 040000 This contract is scheduled to commence on January 1, 2009 with a completion date of December31, 2011. Recommended by: Approved by: Geoff Hol}nan, Director of Municipal Works T. Mussari S:IREPORTS12008 Reports\MW- 2008 -71 Streetlighting Servicing Contract.wpd Ed Dujlovic, Executibe Director of Community Services December 15, 2008 MW- 2008.75 Niagara to CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -75 Contract #2007 177 -06 Extension of Three Phase Power to Montrose Business Park RECOMMENDATION: 1. That the City enters into a cost sharing agreement with Niagara Peninsula Energy Inc. to provide power to the Montrose Business Park at an upset limit of $125,000 (excl. GST). 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: Municipal Work staff has been working with Niagara Peninsula Energy Inc. (NPEI) to plan the timely extension of municipal services and utilities to service the Montrose Business Park and the Garner /Southwest Planning area. Hydro electric power is extended to newly developed areas on a 50/50 cost sharing arrangement and in order to supply the newly constructed Garner /Southwest pumping station and other property in this area it is necessary to commence this work now. The City's share of the cost will be up to $125,000 which would be funded from the proceeds from the sale of lands in the Montrose Business Park and provided for in the 2008 Capital Budget. It is anticipated that these works will commence and be completed in December, weather permitting, which will allow for the commissioning of the pumping station in early January 2009. FINANCING: The funding source for these works will be from the sale of land in the Montrose Business Park as outlined in the Capital Budget. OQueenStreet POiox'7023'Niag raFalis ON;Canada "905 www.niagarafalls.ca' Working Together to Serve Our Community Community Services Department Municipal Works December 15, 2008 Recommended by: Approved by: 2 Geoff Holman, •ire R.Volpini S: \REPORTS12008 Reports \MW 2008 -75 Garner SW PS Power Supply.wpd of Municipal Works Ed Dujlovic, ExecutI've Director of Community Services MW-2008-75 December 15, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niagaraj7alls CANADA Working Together to Serve Our Community PD- 2008 -116 Re: PD- 2008 -116 26CD -11- 2008 -08, Draft Plan of Condominium (Standard) 2634 St. Paul Avenue (East Side), South of Mountain Road Owner: 1760018 Ontario Inc. ota Meadow Creek Homes (Andre Langendoen) 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The applicant proposes to register a condominium plan for the 18 -unit townhouse development currently under construction. The property is located on the east side of St. Paul Avenue, south of Mountain Road, as shown on Schedule 1. The submitted site plan is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit in the development with the common areas (e.g. driveway, visitor parking, landscaped areas) shared by the condominium corporation. There are no public meeting requirements under the Planning Act with respect to standard (new construction) condominium developments..,' 10 QueenStreet PO.,Box;1023 ;Niagara Falls, ON, Canada 12E 6X5 '905-356=7521 wwwnia.a rata lls.ca Community Services Department Planning Development December 15, 2008 2 PD- 2008 -116 Planning Process This development has proceeded through previous planning approvals and consultation with the public. In 1995, Council approved a zoning amendment (File AM- 20/95) in principle for a 22 -unit townhouse proposal on the property, however, the amending zoning by -law was never passed. Last year, a revised proposal for an 18 -unit development was put forth by the owner. A neighbourhood meeting was held by the developer in October 2007 to present the new proposal to surrounding property owners. In December 2007, Council passed a resolution that the changes to the original 1995 approval were minor and that no further public notice was required, and further, passed amending By -law No. 2007- 248. No appeals to the by -law were filed. The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4 -389). The Site Plan Agreement (File SPC- 2008 -004) was registered on title in July 2008. Building Permits were issued by the City for dwelling foundations in June 2008 and for the balance of construction in August 2008. The project has been designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. Conditions of Approval The majority of development issues have been addressed through the earlier rezoning and site plan approvals. The site plan agreement specifies the servicing, grading /drainage and landscaping for the project and the City holds securities to ensure the various site works are completed. A sidewalk is required along St. Paul Avenue as part of the site plan approval. Construction is still underway and a condition is included respecting confirmation of zoning by -law and site plan compliance when the development is finished. Cash -in -lieu of parkland dedication is required for the development as permitted by the Planning Act. A condition is requested for the planting of boulevard trees within the City road allowance abutting the development. The designation of a fire access route through the site is also a condition of approval. The Region advises that private garbage pick -up must be provided for the condominium as the site layout does not satisfy Regional waste collection criteria. A clause is included in the Site Plan Agreement in this regard and will also be included in the Condominium Agreement and in all Agreements of Purchase and Sale or Lease to advise future residents. CONCLUSION: This development has received appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the townhouse units. The conditions of approval are listed in the Appendix. Recommended by: Approved by: R.Witson:mb Attach. 4 S:1PDR120081P0- 2006 -116. 26CD- 11- 2008.08, 2634 St. Paul Ave Draft Plan of Condominium wpd Alex Herlovitch, lirector of Planning Development Ed Dujlovic, Executive Director of Community Services December 15, 2008 3 PD -2008 -116 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated October 22, 2008, showing 18 townhouse dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 5. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 6. The developer either pay the City $1,500.00 for the planting of 6 boulevard trees along the St. Paul Avenue frontage of the subject land or plant the appropriate trees to the City's satisfaction. 7. The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 8. The Condominium Agreement between the developer and the City of Niagara Falls and all Offers and Agreements of Purchase and Sale or Lease for each dwelling unit contain the following warning clause: "Purchasers /tenants are advised that due to the site layout, waste collection for this development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor." 9. The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Municipality of Niagara for Condition 8 Proposed Plan of Condominium (Standard) 2634 St. Paul Avenue 26CD -11- 2008 -08 SCHEDULE 1 Location Map December 2008 SCHEDULE 2 Es bZ 101 dIHSNMOl 0 J0.119V1S 30 ThVd 4 A December 15, 2008 PD- 2008 -117 Members: RECOMMENDATION: Recommended by: Approved by: B.Bolibruck:gd S'1PDR\20081PD -200 Nia araaF CANADA His VVorship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD- 2008 -117 CB &FIG 2008 -006, Commercial Building Facade Improvement Grant 5990 Main Street Inez Antonio 1. That Council approve the application for a Commercial Building Facade Improvement Grant in the amount of $1,500, subject to meeting the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the grant agreement. BACKGROUND: The City has received a Commercial Building Facade Improvement Grant Application for 5990 Main Street. The application is for the business All Tax and Bookkeeping. The business owner wishes to install an awning to the front exterior of the building with goose neck lighting. This work will cost $3,000. The proponent is eligible for $1,500 or 50% for this portion. A plan showing the location of the property is highlighted in Appendix I. A drawing of the proposed awning is shown on Appendix 2. As part of the grant approval process, the applicants will be required to enter into an agreement with the City. The agreement specifies the details for the grant which will be provided to the proponent following the work being completed and inspected by City staff. CONCLUSION: The improvements proposed by the applicant will improve the appearance of the front of the building and satisfies the Conceptual Urban Design Guidelines as prepared as part of the historic Drummondville CIP. The proposed work will have a positive impact on the revitalization efforts along Main Street. Based upon the above, staff recommends approval of the grant application. Alex Herlovitch, irector of Planning Development Ed`Dujlovic, Executive Director of Community Services O Q ee z Street PO 6 023 Ntaga a Falis ON Canaiia }L2E 6X5 05 35fi 7521 wwwnraga afalls c G -06 -2008 Inez Antonio 5990 Main Street.wpd Community Services Department Working Together to Serve Our Community Planning Development APPENDIX 1 Location Map 5990 Main Street �1l�nnnn �1111��� art 11 December 2008 M EPA 5990 Main St Historic Drummondville Community Improvement Project Area ckSS_ aemwmu00TustunllrtmnAlvmMn9w %5355_rary.n wv APPENDIX 2- n iW nQ 7 P December 15, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -37 Centennial Water Molecule at City Hall RECOMMENDATION: BACKGROUND: N1aaraJalls C.1 \.1D' Working Together to Serve Our Cwnmunity R-2008-37 1. That Council approve the Centennial Water Molecule installation be located at Centennial Park's northwest corner. That the costs to relocate the water molecule be included in the 2009 operating budget of Parks, Recreation Culture. 3. That an agreement with the Desjardins Asset Management, owners of the Acres Building, be prepared for Council's approval. On October 6, 2008, Council directed staff to install the Centennial Water Molecule at City Hall on a permanent basis rather than installing it on a temporary basis at the Niagara Falls Art Gallery and then moving in spring 2010 to the new Gale Centre. Staff was directed to provide a report to Council regarding the recommended location at City Hall. Staff subsequently reviewed several locations at the Centennial Square and surrounding area. The attached analysis highlights eight potential locations with pros and cons for each option. Staff is recommending that the best location is "A" or the Northwest corner of Centennial Square. This location provides the best visibility to the public on Queen Street, as well as the users of Centennial Square. ORo' ddtlnit 1 N Y3?2�§��'>1rf i es,OJV 50 995'356 7521knnv.niagarafalls ca December 15, 2008 2 R- 2008 -37 As a portion of the property belongs to the Acres building, Staff discussed the proposal with Desjardins Asset Management on November 17, 2008, and they are supportive of the proposed location of the Water Molecule. An agreement will be prepared for Council's approval. The Water Molecule's artist (Mr. Derek Costello) has been consulted on the move and supports the proposed siting location within Centennial Square. In addition Mr. Costello has provided City Staff with valuable technical information on the sculpture and offered assistance with relocation work. The cost to relocate the Water Molecule is approximately $5,000 which includes minor repairs to the art piece, site work and footings. Staff is recommending these be included in the 2009 Parks, Recreation Culture Operating Budget. A community ceremony would also be coordinated in recognition of the reinstallation of the Water Molecule at City Hall. It is expected this would be in early Spring 2009 or earlier, weather permitting. Recommended by: Approved by: Attachments Denys Morrissey Direc or of Parks, Recreation Culture Ed Dujlovic, Exe tive Director of Community Services V:12008COUNCIL10812151R- 2008 -37 Centennial Water Molecule at City Hall.wpd WATER MOLECULE CENTENNIAL SQUARE LOCATION ANALYSIS s uo0 I The installation location traverses the property line between Centennial Square and the Acres Building (4342 Queen St.) This would require an arrangement be made with the Acres Building. A bench and garbage can situated on the Queen St. sidewalk will require relocation. 1 1LIJ VV 'JUJU !GttUIIC an arrangement be made with the Acres Building. No visibility from Queen St. One small tree would require relocation. No visibility from Queen St. One light standard would require relocation. Possible impact on existing snow removal operations. No visibility to Queen St. Removal of an existing mature tree along the west wall of the old courthouse building. This affects the existing green aesthetics. Highly visible to public on Queen St and users of Centennial Square. No existing landscape feature will be altered. Opportunity for further enhancements through plant bed creation around Water Molecule Provides an opportunity to develop an `art walk' in the future. No lmown existin• site services to be affected. Visible to users of Centennial Square Opportunity for further enhancements through plant bed creation around Water Molecule Provides an opportunity to develop an `art walk' in the future. No known existing site services to be affected. Can be located as a south view terminus of the west walkway. Opportunity for further enhancements through plant bed creation around Water Molecule Location solely on City property. Highly visible to visitors of City Hall and users of Centennial Square. Opportunity for further enhancements through plant bed creation around Water Molecule Location solely on City property. No known existing site services to be affected. Northwest comer of Centennial Square. west of the water falls. West of City Hall, North of Parking Area. 4 CJ c CY o P. CI e d Cd cd o y r Y •R U c 3 o U U C W WATER MOLECULE- CENTE LOCATION ANALYSIS October 24, 2008 The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS at their November 19, 2008 meeting, the Council of the Regional Municipality of Niagara (hereinafter referred to as "the Region denied the applications of three Local businesses, Value Village, A &P Food Store and Home Depot, to open on statutory holidays as per the Regulations of the Retail Holidays Act (hereinafter referred to as "the Act and WHEREAS these are the first instances where the Region has denied applications made under the Act; and WHEREAS since 1993, twenty (20) such applications from Niagara Falls businesses have been approved; and WHEREAS in the past, the Region showed deference to the wishes of the lower -tier municipality; and WHEREAS Niagara Falls City Council unanimously supported all three (3) applications without any concerns; and WHEREAS Niagara Falls is a tourist community where such statutory holidays openings are already common place. THEREFORE BE IT RESOLVED that the Regional Municipality of Niagara show deference to the wishes of Niagara Falls City Council and reconsider and approve the applications for openings on statutory holidays for the three Niagara Falls businesses; or, in the alternative BE IT RESOLVED that the Region, at least, reconsider and approve the applications for openings on statutory holidays during the traditional tourist season (Victoria Day, Canada Day, Labour Day and Thanksgiving Day) for the three Niagara Falls businesses; or, in the alternative BE IT RESOLVED that the Region reconsider and approve the application for Value Village, a business in the heart of the Lundy's Lane tourist area that is surrounded by other businesses that are already legally entitled to open on statutory holidays. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR A by -law to authorize an Application General to amend the register to release an Agreement registered as Instrument Number AA75048. WHEREAS the Agreement registered in 1962 as Instrument Number AA75048 is no longer required; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Application General to amend the register to release the Agreement registered as Instrument Number AA75048, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this fifteenth day of December, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 15, 2008. December 15, 2008. December 15, 2008. CITY OF NIAGARA FALLS By -law No. 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part Lot 16 Concession 4 Willoughby designated as Part 4 on Reference Plan 59R -12773 as a public highway, to be known as and to form part of Ort 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: I. That Part Lot 16 Concession 4 Willoughby designated as Part 4 on Reference Plan 59R- 12773 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Lot 16 Concession 4 Willoughby designated as Part 4 on Reference Plan 59R- 2773 that is hereby established as a public highway, be known as and form part of Ort Road. Passed this fifteenth day of December, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 15, 2008. December 15, 2008. December 15, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to recognize an existing apartment dwelling on the Lands and permit the expansion of an associated parking lot. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79- 200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: An apartment dwelling. 5. The regulations governing the permitted uses shall be: (a) Deemed lot: (b) Maximum number of dwelling 12 units: (c) Minimum lot area: the whole of the Lands (d) Minimum lot frontage: 15 metres (e) Minimum front yard depth: 1 metre (f) Minimum interior side yard 1.8 metres width: for determining compliance with this by -law and By -law No. 79 -200, the whole of the Lands shall be considered one lot -2- (g) Minimum exterior side yard 5.5 metres width: (h) Minimum number of parking I parking space for each dwelling unit spaces: (i) Minimum perpendicular width 3.7 metres of a manoeuvring aisle: (1) Minimum landscaped open 30% of the lot area, which shall include the space: entire front yard, and the entire exterior side yard within 20 metres of the front lot line (k) The balance of regulations specified for a RSA use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet C4 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from RI C to R5A and numbered 792. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.792 Refer to By -law No. 2008- Passed this fifteenth day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S: ZONING \AMS5200716y Taws \Byam08.wpd December 15, 2008 December 15, 2008 December 15, 2008 Subject Land SCHEDULE 1 TO BY -LAW No. 2008 K: \GIS_Requests\2007\ Schedules \ZoningAM\AM- 08 \mapping.map BARKER ST Pt Twp Lt 141 Stamford Part of Pt 1 59R2221; Niagara Falls Applicant: Brian Sinclair Assessment ft: 272507001710800, 272507001700700, 272507001700650 SPENCE ST S I:NTS Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 141 Stamford Being Pts 1 2 On 59R11603; S/T Ease In Favour Of The Owner(s) Of Pt Twp Lt 141 StalnfDes As Pt 4 On 59R11603 Over Pt 2 On 59RI 1603 As In LT202000; T/W Easements Over Pt Twp Lt 141 Stamf As To Pts 4 5 On 59RI 1603 As In LT202000; Niagara Falls Pt Twp Lt 141 Stamford Being Pts 3, 4, 5 6 On 59RI 1603; S/T Easements In Favour Of The Owner(s) Of Pt Twp Lt 141 Stamf Des As Pt 2 On 59R11603 Over Pts 4 5 On 59R11603 As In LT202000; T/W Ease Over Pt Twp Lt 141 Stamf As To Pt 2 On 59R11603 As In LT202000; Niagara Falls AM- 08/2007 November 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the existing building on the Lands to be used as a one family detached dwelling, a cottage rental dwelling or a tourist home. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79- 200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) The uses permitted in a R2 zone (b) Cottage rental dwelling containing not more than 4 bedrooms (c) Tourist home containing not more than 4 bedrooms for tourists 5. The regulations governing the permitted uses shall be: (a) Minimum interior side yard width: 0.6 metres (b) The balance of the regulations specified for a R2 use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet D4 of Schedule "A" of By -law No. 79 -200 by renumbering the Lands from 2 to 845. -2- 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.845 Refer to By -law No. 2008 Passed this fifteenth day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S:1ZON ING\AMS120081By -I aws\Byam030. wpd December 15, 2008 December 15, 2008 December 15, 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Description: Pt Blk API 292 Town of Niagara Falls As In R0495614; Niagara Falls Applicant: Muriel Freeman Assessment #s: 272502000211300 K: \GIS_Requeses\ 2008\ Schedules \zonIngAi\AM- 30 \mapping.map Amending Zoning By-law No. 79 -200 N s I:NTS AM- 2008 -030 November 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of an Agreement with Ground Aerial Maintenance Service Ltd., respecting the 2009 -2011 Street Lighting Servicing City Wide Contract. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: An Agreement dated the 15 day of December 2008 and made between Ground Aerial Maintenance Service Ltd., as Contractor and The Corporation of the City of Niagara Falls as Corporation, respecting the 2009 -2011 Street Lighting Servicing, at the cost of $295,522.68, subject to such terms and conditions as set out in the agreement attached hereto, is hereby approved and authorized. 2. The Mayor and clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal hereto and to deliver the said Agreement. Pass this fifteenth day of December, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 15, 2008 December 15, 2008 December 15, 2008 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Heavy Vehicles Restriction, Stop Signs at Intersections, Parking Meter Zones) 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 A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Eastwood Crescent South Victoria Avenue and a point 30 metres At All Times east of Victoria Avenue -2- (2) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMNI COLUMN2 INTERSECTION FACING TRAFFIC Eastwood Crescent Wesley Place Southbound on Wesley Place (3) by adding to the specified columns of Schedule S thereto the following items: HEAVY VEHICLE RESTRICTION COLUMN COLUMN 2 COLUMN HIGHWAY BETWEEN TIMES /DAYS Eastwood Crescent Victoria Avenue and Palmer Avenue At All Times Incl. "No Buses" "Up to $5,000 Fine" Ryerson Crescent Victoria Avenue and Eastwood Crescent At All Times Incl. "No Buses" "Up to $5,000 Fine" (4) by deleting from the specified columns of Schedule G thereto the following item: (5) PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM DAYS/TIMES Victoria Ave. East Kincaid PI. and McDougall Cres. $0.50 /1 hour 2 hours 8:00am to 6:00pm $0.25 30 min Except Sundays and $0.10 /12 min Holidays $0.05 /6 min by adding to the specified columns of Schedule G thereto the following item: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM DAYS/TIMES Victoria Ave. East Kincaid PI. and McDougall Cres. $0.50 /1 hour 2 hours 8:OOam to 6:OOpm $0.25 30 min Except Sundays and $0.10 /12 min Holidays $0.05 /6 min "No Buses" (6) by deleting from the specified columns of Schedule C thereto the following item: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Dunn Street Passed this fifteenth day of December, 2008. First Reading: Second Reading Third Reading: December 15, 2008 December 15, 2008 December 15, 2008 -3- PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Eastwood Crescent South Victoria Avenue and a point 65 metres At all times East of Victoria Avenue by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED Eastwood Crescent South A point 30 metres east of Victoria Avenue and At all times a point 65 metres east of Victoria Avenue South A point 49 metres east of Locus Avenue and At All Times a point 68 metres east of Locus Avenue This By -law shall come into force when the appropriate signs are installed. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR COLUMN 4 TIMES OR DAYS CITY OF NIAGARA FALLS By -law No. 2008 A By -law respecting sick leave, pensions and other benefits for employees. WHEREAS the collective agreements entered into with bargaining agents on behalf of certain employees of the City of Niagara Falls make provisions for sick leave, pensions and other benefits; and WHEREAS it is deemed expedient to pass a By -law to prescribe the sick leave, pensions and certain other benefits for employees of the City who are not covered by a collective agreement; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. DEFINITIONS In this By -law (a) "Corporation" means The Corporation of the City of Niagara Falls; (b) "Employee" means all permanent full -time employees of the Corporation who are directly under the control of the Council of the Corporation exclusive of the employee to whom a collective agreement with any bargaining agent or agency applies. 2. SHORT TERM DISABILITY (a) It is acknowledged that the present Short Term Disability Plan has been in effect since June 1, 1988 and that prior to that date sick leave credit gratuity plans were in effect in the City of Niagara Falls and former Township of Stamford. (b) Short Term Disability means the period of time an employee is permitted to be absent from work with pay by virtue of being sick, quarantined because of exposure to contagious disease, or because of an accident for which compensation is not payable under the Workers' Compensation Act. Such an employee may be required to supply medical certification for such absence, certifying that the employee is unable to report to work. (c) Sick leave shall not be available to a new employee until s/he has completed a three (3) month waiting period. (d) An employee shall be entitled to Short Term Disability coverage in accordance with Human Resources Policy Number 400.15. 3. PENSIONS The Corporation and the employees shall make contributions in accordance with the provisions of the Ontario Municipal Employees Retirement System and the Canada Pension -I Plan. The normal retirement age for all Non -Union staff is age 65 as provided for in the OMERS Pension Plan. The Corporation shall provide an OMERS Type 1 Supplementary Pension for its management group of employees. 4. GENERAL WELFARE The Corporation shall make available the following benefits, subject to the provisions of the plans; (a) Life and Accidental Death and Dismemberment Insurance All employees under age 65, one and one -half times basic annual salary to the next highest $500. For employees who retire after March 1, 2006, retired employees up to 70 years of age: $50,000. The Accidental Death Dismemberment provision shall not apply to retired employees. (b) Supplemental Hospital (Semi- Private). (c) An Extended Health Care Plan $10 $20 deductible $350 per person every two (2) years for eyeglasses (can be used to offset laser eye surgery) $75 per person for eye examinations every two years. Effective September 1, 2008, $1,000 per person every three (3) years for hearing aids. (d) A Dental Plan based upon the Blue Cross #9 or an equivalent at the O.D.A. Suggested Fee Guide for General Practitioners for the year preceding the current year. Orthodontic benefits, 50% co- insurance, $2,500 per person lifetime maximum with a total family lifetime claim maximum of $5,000. (e) Crowns and Bridges at 50% co- insurance with an annual maximum of $1,000 per year. Effective March 1, 2006, paramedical benefits including Chiropractic benefits have a $750 annual maximum for employees and $350 annual maximum for employees' dependents with a $50 per visit maximum per person. (f) A Long Term Disability Plan to provide 75% of normal gross monthly earnings to a maximum of $8,500 until age 65, plan to be "Own Occupation two years," to be effective after an elimination period of 120 days disability. Benefits provided under Article 4 to be paid by the employer while employee is on LTD. benefit. If disabled after age 63 benefits are payable until age 65. An employee must make application for OMERS Disability Pension Benefits if requested to do so by the LTD carrier. The services in (a), (b), (c), (d), (e) and (f) shall be paid for 100% by the Corporation. The services in (a), and (b) shall be available to employees retired after January 1, 1969 and the cost shall be borne 100% by the Corporation, so long as the coverage is available from the Underwriter at group rates. -2- The services in (a), (b), (c), (d), and (e) shall be available to employees who retire early using the 90 factor under the O.M.E.R.S. Pension Plan, and the cost shall be borne 100% by the Corporation, as long as the coverage is available from the Underwriter at group rates. 5. PAID HOLIDAYS In accordance with Ontario Employment Standards guidelines, an employee shall receive the equivalent of one (1) day's pay at his /her current rate for each of the following holidays, regardless of the day on which the holiday is observed: New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day The employee must have worked 6 full calendar months in order to receive the following additional days: One day on Christmas Eve or New Year's Eve or other day designated by the Corporation (the choice at the discretion of the Corporation); One Floating Holiday to be scheduled by mutual agreement between the employee and his /her supervisor; and any other day proclaimed as a holiday by the Federal or Provincial Government or the Mayor of the City of Niagara Falls provided that: (a) The employee has worked his/her scheduled regular day of work preceding or his /her scheduled regular day of work following the paid holiday, unless excused in writing by the Chief Administrative Officer, for reasonable cause. (b) If a paid holiday is observed during an employee's vacation, such employee shall be given another day's vacation with pay. 6. VACATIONS An employee shall receive an annual vacation and vacation pay on the following basis: Years of Service as of May 31S of the Current Year Vacation Vacation Pay Less than one year 1 working day for 4% each month up to a maximum of 10 One year or more 2 weeks 4% Three years or more 3 weeks 6% Ten years or more 4 weeks 8% Sixteen years or more 5 weeks 10% Twenty -four years or more 6 weeks 12% After one year or more employees who have previous direct experience may be entitled to three (3) weeks vacation at the discretion of Human Resources. After one year or more employees in Salary Grades 14 21 shall be entitled to three (3) weeks vacation or employees 3 with previous direct experience may be entitled to four (4) weeks vacation at the discretion of Human Resources. Each week of vacation pay will be calculated at the appropriate percentage shown above of gross annual earnings in the vacation year ending May 31", or at the employee's normal weekly hours times his/her regular rate, whichever is greater. An absent employee who ceases to be entitled to receive pay from the Corporation due to being granted leave of absence without pay or having exhausted his /her sick leave credits shall be entitled to vacation pay only to the extent and in proportion to the time for which s/he has been paid during the year ending May 31" based on his /her standard working hours during such year. Subject to Department Head approval, up to ten (10) days vacation may be carried forward to the following year. 7. OVERTIME (a) Employees in Level 9 and Below (c) Employees in these levels will be paid at time -and- one -half for all hours worked, Sundays or Paid Holidays included Ten days of lieu time at the normal weekly hours may be accumulated and is earned at time and one -half, Sundays included. Employees in Level 10 and Above Employees in these levels may accumulate ten (10) days of lieu time which is all earned at straight time, Sundays or Paid Holidays included. Supervisors only (Level 10) who work on any of the 10 normal paid holidays will be paid double time for those hours only. No equivalent time off will be granted. A minimum of thirty (30) minutes overtime must be performed at any one time before overtime is payable. (b) Overtime worked by any one employee shall be limited by the provisions of the Employment Standards Act. In case of an accident or in case of work urgently required to be done to machinery or plant, the employer may require an employee to work beyond the normal limits of hours of work prescribed by the Employment Standards Act. Authorization for such emergency conditions shall be obtained from the Chief Administrative Officer and shall include but not limited to employees who are required to work and /or operate vehicles while responding to an emergency situation or impending situation that constitutes an imminent threat, risk or danger, though not necessarily one of major proportions to life, property or the environment, whether caused by forces of nature, an accident, an intentional act or otherwise. Provided employees have maximized their lieu time of ten (10) days, overtime may be payable up to a maximum of one (1) week per calendar year for emergency situations identified in part (b). -4- 8. PAYMENT TO DUTY SUPERVISOR In lieu of shift differentials, weekend bonus and overtime pay Duty Supervisor will be paid the following amounts in addition to their regular rate of pay: Shifts other than day shift, Monday through Sunday $5.00 per shift. 9. By -law Number 96 -275 is hereby repealed. Passed this fifteenth day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: (d) All work for which overtime is payable must be authorized by the Department Head concerned. (e) Non -Union staff are not entitled to meal allowances for Overtime worked. December 15, 2008 December 15, 2008 December 15, 2008 -5- CITY OF NIAGARA FALLS By -law No. 2008 Being a By -law to amend By -law 89 -155 and adopt a Schedule of Meetings. WHEREAS Rule 2 of the Procedural By -law of the City provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" to By -law No. 89 -155, as amended, is repealed, and the attached Schedule "A" is inserted in lieu thereof. 2. By -law No. 2007 -264 is hereby repealed upon completion of the 2007 Council schedule. Passed this fifteenth day of December, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 15, 2008. December 15, 2008. December 15, 2008. January 2009 ►,A ?f Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 (4:00 PM 6:00 PM) Capital Budget Workshop O (6:00 PM 9:00 PM) Corporate Services Committee, 20 21 22 23 24 25 26 0 (7:00 PM 10:00 PM) Council 27 28 29 30 31 Schedule Council 12/9/2008 9:29 AM February 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 ©(7:00PM- 10:00 PM) Council 10 11 12 13 14 15 16 (8:30 AM 4:30 PM) Family Day 17 18 19 20 21 22 23 ©(7:00PM- 10:00 PM) Council 24 25 26 27 28 Schedule Council 1218/2008 4:32 PM March 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 (7:00PM- 10:00 PM) Council 10 11 12 13 14 15 16 0 (8:30 AM 4:30 PM) March Break 17 0 (8:30 AM 4:30 PM) March Break 18 0 (8:30 AM 4:30 PM) March Break 19 0 (8:30 AM 4:30 PM) March Break 20 0 (8:30 AM 4:30 PM) March Break 21 22 23 0 (7:00 PM 10:00 PM) Council 24 25 26 27 28 29 30 31 Schedule Council 12/812008.4:33 PM April 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 (7:00 PM 10:00 PM) Council 7 8 9 10 0 (8:30 AM 4:30 PM) Good Friday 11 12 13 0 (8:30 AM -4:30 PM) Easter Monday 14 15 16 17 18 19 20 0 (7:00 PM 10:00 PM) Council 21 22 23 24 25 26 27 28 29 30 Schedule Council 1 12/8/2008 4:33 PM Sunday I Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 0 (7:00 PM 10:00 PM) Council 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0 (8:30 AM 4:30 PM) Victoria Day 19 20 21 22 23 24 25 0 (7:00 PM 10:00 PM) Council 26 27 28 29 30 31 Schedule Council May 2009 12/8/2008.4:33 PM June 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 (7:00 PM 10:00 PM) Council 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0 (7:00 PM 10:00 PM) Council 30 Schedule Council 1 12/8/2008 4:33 PM July 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 0 (8:30 AM 4:30 PM) Canada Day 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 0 (7:00 PM 10:00 PM) Council 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 12/8/2008 4:33 PM August 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 O (8:30 AM 4:45 PM) Civic Holiday 4 5 6 7 8 9 10 o(7:00PM- 10:00 PM) Council 11 12 13 14 15 16 17 O (8:30 AM 4:30 PM) A.M.O. Conference 18 0 (8:30 AM 4:30 PM) A.M.O. Conference 19 0 (8:30 AM 4:30 PM) A.M.O. Conference 20 21 22 23 24 25 26 27 28 29 30 31 O (7:00 PM 10:00 PM) Council Schedule Council 12!8!2008 4:34 PM September 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 G (8:30 AM 4:30 PM) Labour Day 8 9 10 11 12 13 14 ©(7:00PM- 10:00 PM) Council 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (7:00 PM 10:00 PM) Council 29 30 Schedule Council 12/8/2008 4:34 PM October 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 0 (8:30 AM 4:30 PM) Thanksgiving 13 14 15 16 17 18 19 ©(7:00PM- 10:00 PM) Council 20 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 1 12/8/2008 -4:34 PM November 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 0 (7:00 PM 10:00 PM) Council 3 4 5 6 7 8 9 10 11 12 13 14 15 16 0 (7:00 PM 10:00 PM) Council 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O (7:00 PM 10:00 PM) Council Schedule Council 1 12/8/2008 4:34 PM December 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ©(7:00PM- 10:00 PM) Council 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 1218/2008 4:34 PM CITY OF NIAGARA FALLS By -law No. 2008- A by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. WHEREAS under section 8 and section 110) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a municipal corporation has the powers ofa natural person including by -law making powers respecting signs. AND WHEREAS under s. 99 of the Municipal Act, 2001, R.S.O. 2001, c. 25 rules are prescribed applicable to the by -law making powers respecting advertising devices including signs. AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation including public meetings and direct consultations with representatives of the business community and sign industry. AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the City for purposes of public safety and public aesthetics. AND WHEREAS the Official Plan and related policies of the City of Niagara Falls includes provisions concerning signs. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.0 TITLE This By -law shall be known and cited as the "Sign By- law." 2.0 DEFINITIONS The following definitions shall apply for the purposes of this By -law: 2.1 "Advertising device" means any device or object erected or located so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants and lights. 2.2 "Awning" means a fabric over frame structure that projects from the exterior wall of a building that provides shade or other weather protection. 2.3 "Awning sign" means a sign that is marked or inscribed upon or within the fabric of an awning. -2- 2.4 "Banner" means a sign or advertising device made from cloth, plastic or a similar lightweight non -rigid material erected upon or supported by one (1) or more poles and includes a flag, pennant or other similar device. 2.5 "Bench sign" means a sign painted on or attached to a bench. 2.6 "Billboard" means a permanent outdoor sign erected and maintained by a person, company, or business engaged in the sale or rental of the sign or the use of the sign to a clientele. 2.7 "Building face" means an exterior wall of a building. 2.8 "Canopy" means a permanent, rigid, roof -like structure that is attached to and supported by the exterior wall of a building and may be supported from the ground. 2.9 "Canopy sign" means a sign attached to, marked or inscribed on a canopy. 2.10 "Chief Building Official" shall mean the person and /or his designate, so appointed by Council pursuant to the Building Code Act. 2.11 "City" means The Corporation of the City of Niagara Falls. 2.12 "Community bulletin board" means a bulletin board designated by the City upon which a poster may be placed by members of the public. 2.13 "Council" means the Council of The Corporation of the City of Niagara Falls. 2.14 "Directional sign" means a free standing sign that gives directions or instructions for the control of vehicular or pedestrian traffic on a property. 2.15 "Directory sign" means a sign listing the tenants of a building containing at least two (2) distinct tenant units and that displays only the name and address of the tenants or occupancies for identification purposes. 2.16 "Electronic sign" means a sign that is electronically controlled and displays information or attracts attention by means of animation, intermittent flashing or blinking of light, an electronic screen or LED display and includes an electronic readograph. 2.17 "Fascia sign" means a sign attached to, marked or inscribed on, erected or placed against a wall forming part of a building on a plane at any angle greater or less than ninety degrees to the plane of the building's wall. 2.18 "General ground sign" means a ground sign supported by the ground with a maximum vertical clearance of 0.75 metres between grade and the base of the sign. -3- 2.19 "Grade" means the average surface elevation of the finished ground below a sign or the point where the ground is in contact with any sign, building, or other structure. 2.20 "Ground sign" means a sign directly supported by one (1) or more uprights, poles or braces or located on a structural base placed in or upon the ground and includes a pylon sign. 2.21 "Illumination study" shall mean a study completed by a qualified professional that examines the impact of the illumination from a sign on adjacent areas and properties. 2.22 "Information sign" means a sign installed for public safety or convenience regulating on premises traffic, parking or a sign denoting sections of a building and displaying no commercial advertising. 2.23 "Logo sign" means a sign attached to the wall of a building and located at the uppermost storey of a building and consisting solely of a graphic, corporate symbol or trademark used to identify a particular building or premise or a particular occupant of a building. 2.24 "Lot" means a parcel of land fronting onto a street, which may be described by metes and bounds in a registered deed or be shown in a registered plan of subdivision. Contiguous lots in common ownership and occupied by a single building shall be deemed to be a single lot for the purpose of this By -law. 2.25 "Mansard roof" means a roof having two (2) slopes on all sides with the lower slope at an angle of not Less than 60 degrees and steeper than the upper slope. 2.26 "Murad" means any type of display or artistic endeavour applied as paint, film or other covering to an external wall or other integral part of a building or structure which may include words or advertisement or other promotional message or content, including logos or trademarks. 2.27 "Official population" means the total number of residents of the City of Niagara Falls as determined by the most recent population census completed by the Government of Canada. 2.28 "Official Sign" means a sign erected by a public authority for the purposes of that public authority. 2.29 "Owner" means the registered owner of the premises on which a sign is located or is proposed to be located. 2.30 "Park" means any publicly owned or publicly controlled land that is used or intended to be used for outdoor recreation, green space or as a natural buffer. 2.31 "Person" means an individual, firm, corporation, association or partnership. -4- 2.32 "Portable sign" means a sign not permanently anchored to the ground or attached to a building and designed in a manner as to be capable of being moved from place to place. Without limiting the generality of the foregoing, this definition shall include a mobile sign, sandwich board sign, A -frame sign, and inflatable sign. 2.33 "Poster" means a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, bulletin, handbill, leaflet, notice and placard. 2.34 "Premises" means a lot and includes all buildings and structures thereon. 2.35 "Projected image sign" means a sign which consists of an image projected onto a wall, sidewalk or other surface. 2.36 "Projecting sign" means a sign attached to a building and proj ecting out horizontally at a right angle to a building for a distance greater than 0 6 metres but not more than 3.0 metres. 2.37 "Property line" means the boundary of a lot. 2.38 "Public property" means property, land or a building owned by the City, The Regional Municipality of Niagara, Province of Ontario, Government of Canada, or a local board as defined in the Municipal Affairs Act, as amended. 2.39 "Pylon sign" means a ground sign with a minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. 2.40 "Readograpb" means a part of a permanent sign composed of changeable letters which is designed or constructed to convey a temporary message and which is designed or constructed so that the message conveyed on the readograph may be changed mechanically or as part of an electronic display. 2.41 "Region" means The Regional Municipality of Niagara 2.42 "Regulation" means, unless the context indicates areference to provincial or federal regulations, any standard, rule, requirement or prohibition set out in this by -law. 2.43 "Residential land use" means the use of land, buildings or structures exclusively for human habitation. 2.44 "Roof sign" means a sign supported entirely or partly by the roof of a building or structure and projects above the roof and parapet and shall not include a sign painted onto a roof. -5- 2.45 "Sign" means any surface, structure and other component parts, which are used or capable of being used as a visual medium or display to attract attention to a specific subject matter for identification, information, or advertising purposes and includes an advertising device or notice. 2.46 "Sign area" means the total area of the surface of every face of a sign including the border or frame, together with any material forming an integral part of the background of the display or used to differentiate the sign from the backdrop or building against which it is erected. Where there is no border or the sign is composed of individually installed letters, numerals, or shapes, the sign area shall include all of the area of the smallest rectilinear outline that uses the least number of horizontal and vertical lines to enclose the grouping of letters, numerals, or shapes. 2.47 "Sign District" means an area defined by the City for the purpose of prohibiting or regulating the placing or erecting of signs, notices, and advertising devices. 2.48 "Sign face" means that portion of a sign upon which or through which the message of the sign is displayed. 2.49 "Sign uniformity plan" means drawings and specifications approved by the City showing the arrangement of all wall signs erected and to be erected on a building or premises containing more than one (1) occupancy, and providing details of the type, character, height, and design of the signs in relation to the architectural features of the building. 2.50 "Street" means any highway as defined in the Municipal Act, 2001. 2.51 "Streetline" means and is the property line between a lot and a street. 2.52 "Temporary sign" means a sign anchored to the ground but erected for a limited period of time. Without limiting the generality of the foregoing, this definition shall include a real estate sign, construction sign, election sign, sale banner, and new development sign. 2.53 "Visual impact study" means a study that demonstrates through graphics and other means, the expected visual appearance a sign will have at its proposed locations within its surroundings as viewed from relevant vantage points. 2.54 "Wall sign" means a sign attached to or erected or placed against a wall forming part of a building, or supported by or through a wall of a building and having the exposed face thereof on a plane approximately parallel to the plane of such wall and includes awning signs, fascia signs, logo signs and murads. 2.55 "Window sign" means a sign posted, painted, or affixed in or on a window exposed to public view, and shall include an interior sign that faces a window exposed to public view and located within 1 metre of a window. I. ADMINISTRATION 3.0 ADMINISTRATION 3.1 Interpretation 3.2 Administration 3.3 Permits -6- 3.1.1 Words importing the singular number or the masculine gender only shall include more persons, parties or things of the same kind than one, and females as well as males and the converse. 3.1.2 The Chief Building Official or his designate shall determine the type of sign that any particular sign is and his determination of this issue shall be final. 3.2.1 The Chief Building Official and/or his designate shall be responsible for the administration of this By -law. 3.3.1 Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By -law prior to the erection for that sign. 3.3.2 All signs shall conform to the provisions of this By -law. 3.3.3 A permit shall be refused if the proposed sign does not comply with this or any other By -law of the City or Region, or Provincial or Federal statute, regulation or approval. 3.3.4 (1) A permit issued by the City for a sign shall expire six months from the date of issuance unless the sign is erected for its intended purpose. (2) In the event that an application is made to extend the six month period referred to in subsection 3.3.4(1) above, prior to the expiration of that six month period the time to erect the sign may be extended for a further six months by the Chief Building Official. (3) A permit may only be extended once. 3.3.5 When a sign is removed, the permit issued for that sign shall be deemed to be revoked. -7- 3.3.6 The City may revoke a permit under the following circumstances: (a) The City issued the permit in error, or (b) The sign does not conform to this By -law, the Ontario Building Code, or any other applicable regulation or legislation or approval, or The permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information, or undertakings on the application, plans, drawings, sketches and other documents submitted with the application, or (c) (d) The sign is causing, will cause or is contributing or will contribute to a hazardous condition. 3.3.7 If a building permit is issued for a sign that building permit is deemed to be a sign permit for the purposes of this By -law. 3.4 Application for Permit 3.4.1 The applicant for a permit shall be the owner of the property or building on which the sign is to be erected or the authorized agent of the owner. 3.4.2 The applicant shall file with the City an application for a permit on the prescribed form. 3.4.3 The applicant for a permit shall provide to the City: (a) A completed application in the form prescribed by the City; (b) The written authorization of the owner where the applicant is not the owner of the property or building where the sign is to be erected; (c) A drawing showing the location and dimensions of all existing and proposed signs, and identifying the materials of which the proposed sign is to be constructed; (d) A site plan showing the location of the sign in relationship to other buildings and structures, the street, and the boundaries of the property upon which the sign is proposed to be erected; (e) Sufficient information for the Chief Building Official to determine that the sign has been designed and will be constructed in compliance with the applicable structural and fire prevention provisions of the Ontario Building Code. -8- 3.4.4 An application for a fascia sign for a building or property containing more than one (1) occupancy or tenant shall include a sign uniformity plan where signs are proposed for more than one (1) occupancy or tenant. 3.4.5 Prior to applying to the City for a permit, the applicant shall obtain approval for the proposed sign, if required, from any other governmental authority having jurisdiction over the sign. 3.4.6 Notwithstanding section 3.4.5 above, in the case of a sign subject to the jurisdiction of Niagara Parks Commission, the approval of the Niagara Parks Commission may be obtained after the application has been made. 3.4.7 Notwithstanding section 3.4.5 if the Chief Building Official believes unreasonable delays in the process would occur he may issue a conditional sign permit following as closely as possible the rules and procedures of the Building Code Act, 1992, S.O. 1992, c. 23 any replacement legislation of that Act and any regulations promulgated pursuant to that Act or replacement legislation for the issuance of Conditional Building Permits. 3.4.8 Fees payable at the time of the application shall be in accordance with the permit fee structure adopted by the City and shall be paid prior to the City accepting any sign permit application for processing. 3.5 Signs for Which a Permit is Not Required 3.5.1 No permit is required for the following types of signs: (a) Official signs or signs pertaining exclusively to public safety; (b) Flags of corporations, nations, educational or religious organizations provided not more than three (3) flags are located at one (1) premises; (c) A poster affixed to a community bulletin board in accordance with the provisions of this By -law; (d) A sign containing the name and address of a resident or occupant, provided the sign is not more than 0.2 square metres in sign area and does not include any commercial advertising for a residential land use of less than six (6) dwelling units; (e) A sign containing the name and address of the building, provided the sign is not more than 2.4 square metres in sign area and does not include any commercial advertising for a residential land use of six (6) or more dwelling units; -9- Information signs not more than 0.4 square metres in sign area; Real estate signs not more than 0.5 square metres in sign area in a residential zone and 2.0 square metres in all other areas. Such real estate sign shall be removed within 14 days after the date of closure of an offer of purchase or lease of the premises; (h) A window sign on the first storey of a building occupied by a commercial use provided the window sign is not more than 20% of each window section or pane; (f) (g) (i) Directional sign not more than 0.5 square metres in sign area and 1.2 metres in height; (j) An open house directional sign; (k) A Construction sign not more than 5.0 square metres in sign area and to be removed within 30 days of the construction being completed or discontinued; (1) A sign for a contractor undertaking landscaping, home repairs or renovations, provided such sign is erected no more than two (2) days prior to the commencement of the project and is removed from the property immediately after the project is completed; (m) A garage sale sign or a sign advertising a Lost pet; (n) Election signs. 3.6 Prohibited Signs 3.6.1 Any sign not expressly permitted by this By -law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited: (a) A sign located on or over public property; (b) Bench sign; (c) A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d) A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e) 4.0 GENERAL PROVISIONS A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By -law; A sign located in a daylight triangle; An inflatable sign; -10- No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; Any sign which violates in any way any statute, regulation or by -law of the Government of Canada, the Province of Ontario, the Region or the City. 4.1 No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. 4.2 Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 4.3 The owner of the premises upon which any sign is located, shall be responsible for every aspect of any sign on that premises and, without limiting the generality of the foregoing, shall obtain any licence required for the sign and maintain the sign in a proper state of repair to prevent the sign becoming unsafe, unsightly or dangerous. 4.4 No sign shall be located within 1 5 metres of an adjacent lot. 4.5 A ny external lighting used to illuminate a sign shall be arranged to not direct light onto an adjacent street or premises. 4.6 Except as provided for in clauses (d) and (e) of section 3.5.1 and section 15 of this By -law no sign is permitted on a residential land use. 4.7 A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. 4.8 It is the express intent of Council that this by -law is not to be interpreted so as to grant rights to persons that they would not have enjoyed but for the passage of this by -law. 4.9 The onus of demonstrating that a sign is not subject to the provisions of this by -law shall be upon the owner of that sign. II. SIGNS PERMITTED BY DISTRICT 5.0 SIGN DISTRICTS 5.1 (1) For the purposes of this By -law, the following Sign Districts shown in Schedule "A" are hereby established for the regulation of signs in the City: Downtown District, Fallsview District, Clifton Hill District, Lundy 's Lane District, Whirlpool District, Chippawa District, Commercial District, and Industrial District. (2) The types of signs permitted in each district shall be as set out in Tables 1 and 2. (3) Where a type of sign is permitted, it shall be subject to the regulations relating to that type of sign. (4) In addition to the regulations described in subsection 5.1(3) a sign shall be subject to any special regulations that apply to that type of sign in the Sign District where the sign is located. 5.2 (1) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Neighbourhood Commercial designation pursuant to By -law No. 79 -200 as amended are designated Neighbourhood Commercial Sign District for the purposes of this By -law. (2) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Commercial designation other than a Neighbourhood Commercial designation pursuant to By- lawNo. 79 -200 as amended that are designated Commercial/Industrial Sign District for the purposes of this By -law. (3) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and zoned any Industrial designation pursuant to By -law No. 79 -200 as amended that are designated Commercial /Industrial Sign District for the purposes of this By -law. -12- Table 1 Sign Districts Column 1 Column 2 Sign Type Ground Signs Wall Signs Projected Image Signs Readograph Pylon Sign General Fascia Sign Murad Awning Sign Logo Sign Roof Sign Projecting Sign Canopy Sign Billboard Portable Sign Temporary Sign Banner Electronic Sign Above Ground On Ground Fallsview Yes Yes Yes Yes Yes Yes No Yes Yes see section 11.0 No No Yes Yes Yes Yes Yes Clifton Hill Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Downtown No Yes Yes No Yes Yes No Yes Yes Sandwich Board Signs Yes All other Portable Signs No No No No No No Yes -13- Table 2 Sign Districts Column 1 Column 2 Sign Type Lundy's Lane Whirlpool Chippawa Ground Signs Pylon Sign Yes Yes No General Ground Yes Yes Yes Wall Signs Fascia Sign Yes Yes Yes Murad Yes Yes Yes Awning Sign Yes Yes Yes Logo Sign Yes Yes Yes Roof Sign No No No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard see section 11.0 Portable Sign Yes Yes No Temporary Sign No No Yes Banner Yes Yes Yes Readograph Sign Yes Yes No Projected Image Signs Above Ground Yes Yes No On Ground Yes Yes No Electronic Sign Yes Yes No -13- Table 3 Sign Districts Column 1 Column 2 Sign Type Neighbourhood Commercial/Industrial Ground Signs Pylon Sign No Yes General Ground Yes Yes Wall Signs Fascia Sign Yes Yes Murad Yes Yes Awning Sign Yes Yes Logo Sign No Yes Roof Sign No No Projecting Sign Yes Yes Canopy Sign Yes Yes Billboard see section 11.0 Portable Sign Yes Yes Temporary Sign No Yes Banner No Yes Readograph Sign No Yes Projected Image Signs Above Ground No Yes On Ground No Yes Electronic Sign No Yes (a) a fascia sign shall be located within the horizontal band which divides the store front widows from the upper facade; -14- 5.3 In the Downtown Sign District the following regulations apply in addition to those set out in Tables 1 and 2: (b) a sign in the Downtown Sign District shall not be internally illuminated. Table 4 Maximum Area Ground Signs Lot Frontage Sign Districts Chippawa All Other Sign Districts 23 meters or less 4.6 sq. m 23 meters to 30 meters 7.0 sq. m Over 30 meters but less than 46 meters 9.3 sq. m Over 46 meters General Ground Signs 18.6 sq. m Pylon Sign: 23.0 sq. m All frontages 4.6 sq. m of a property. -15- III. THE REGULATIONS The regulations specific to each type of sign are as follows. 6.0 GROUND SIGNS A ground sign shall conform to the following regulations: 6.1 Ground Signs General ground signs and pylon signs must comply. 6.1.1 One (1) ground sign may be located along a street frontage for each 45 metres of street frontage. 6.1.2 No more than two (2) ground signs may be located on the street frontage 6.1.3 No ground sign shall be located closer than 30 metres to any other ground sign on the same property. 6.1.4 The maximum total sign area for all ground signs on a street frontage shall be as set out in Table 4. 6.1.5 The maximum sign area for all ground signs on a property shall include the area of all permitted directional signs. -16- 6.1.6 Every ground sign shall display the municipal address of the property upon which the sign is located in numerals that are a minimum height of 150 millimetres. 6.1.7 No part of a ground sign shall be located within 1.5 metres of a streetline or public sidewalk. 6.1.8 The maximum height of a ground sign other than a pylon sign shall be 2.4 metres. 6.2 Pylon Signs A pylon sign shall conform to the following regulations: 6.2.1 A pylon sign shall be erected on a property with a minimum street frontage of 30 metres. 6.2.2 A pylon sign shall not be erected on a street frontage of a lot that is less than 30 metres. 6.2.3 There shall be no more than one (1) pylon sign erected on any frontage of any lot. 6.2.4 Notwithstanding Table 3, a pylon sign shall not be erected in the Main and Ferry District as shown on Schedule "A" of this By -law. 6.2.5 The maximum height of a pylon sign shall be 9 metres. 6.2.6 A pylon sign shall have and maintain an minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. 7.0 WALL SIGNS 7.1 Fascia Signs A fascia sign shall conform to the following regulations: 7.1.1 No fascia sign shall cover or project into any window, door, or other opening on a building face. 7.1.2 A fascia sign may project a maximum of 0.15 metres from a building face over the streetline. 7.1.3 A fascia sign projecting .08 metres or more from a building face shall be a minimum of 2.70 metres above grade. -17- 7.1.4 The upper limit of a fascia sign shall not project above the roofline or parapet of a building. 7.1.5 No fascia sign shall be attached to a mansard roof. 7.1.6 The maximum aggregate area of all fascia signs on any one (1) building face shall be 25% of the area of the building face to which it is attached. 7.1.7 Notwithstanding sub section 7.1.6 the maximum area of all facia signs on any one (1) building face within the Chippawa District shall be 9.3 square metres. 7.1.8 Where a premises has a single occupancy no more than one (1) fascia sign shall be attached to each building face. 7.1.9 Where two (2) or more fascia signs are attached to a building, the signs shall maintain a uniform band of signage along the building face defined by locating all signage on the building face in a manner that maintains a consistent horizontal alignment and vertical height. 7.1.10 In the case of a building containing multiple occupancies or tenants, a maximum of one (1) fascia sign shall be permitted for each tenant or occupancy provided the maximum total sign area permitted for fascia signs is not exceeded. 7.1.11 One (1) fascia directory sign shall be permitted on any building and shall be included in the total maximum sign area for fascia signs. 7.2 Murads Signs A murad sign shall conform to the following regulations: 7.2.1 The maximum area of a murad sign shall be 25% of the area of the building face from which it is displayed. 7.2.2 Notwithstanding sub section 7.2.1 the maximum area of a murad sign displayed within the Chippawa District shall be 9.3 square metres. 7.3 Awning Signs An awning sign shall conform to the following regulations: 7.3.1 An awning sign shall not contain integral illumination. 7.3.2 The maximum sign area of an awning sign shall be 25% of the awning to which it is applied. -18- 7.3.3 The maximum length of an awning sign shall be 10 metres. 7.3.4 Awning signs shall not consist of three dimensional letters or graphics. 7.4 Logo Signs A logo sign shall conform to the following regulations: 7.4.1 Where a logo sign is displayed on a building that is four (4) or more stories in height the logo sign shall be displayed on the building face of the upper most storey of that building. 7.4.2 Where a logo sign is displayed on a building of three (3) or fewer stories, it may be displayed anywhere on the building. 7.4.3 The maximum sign area of a logo sign shall be 10% of the portion of the building face defined by the floor and ceiling of the storey of the building upon which the logo sign is displayed. 8.0 ROOF SIGNS A roof sign shall conform to the following regulations: 8.1 No more than one (1) roof sign shall be located on a building. 8.2 A roof sign shall be integrated with the architecture of the building on which it is erected and shall not appear as a separate structure. 8.3 A roof sign shall be located a minimum of 1.2 metres from the outer wall of the building on which it is displayed and in no case shall a roof sign overhang the outer wall of a building. 8.4 No part of a roof sign shall be higher than 5.5 metres above the roof or parapet of the building. 8.5 No part of a roof sign shall be closer than 1.0 metres to the roof deck. 8.6 The maximum sign area of a roof sign shall not exceed 20 square metres. 8.7 A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape or prevent the free access of fire fighters to any part of the building. 8.8 A roof sign shall not obstruct the view from any window or skylight that is in a building located on an adjacent property. -19- 8.9 A n application for a roof sign shall include a visual impact study and an illumination study to illustrate and evaluate the impact of the roof sign with respect to the City's skyline and appearance from Queen Victoria Park. 9.0 PROJECTING SIGNS A projecting sign shall conform to the following regulations: 9.1 A projecting sign shall not encroach onto a public property. 9.2 Notwithstanding section 9.1 a projecting sign may encroach onto a street one half of the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. 9.3 The maximum area of a projecting sign shall be 7.0 square metres. 9.4 A projecting sign shall maintain a minimum clearance of 2.7 metres above grade. 10.0 CANOPY SIGNS A canopy sign shall conform to the following regulations: 10.1 The maximum height of a canopy sign shall be 0.6 metres. 10.2 Where a canopy sign is displayed above the canopy the vertical space between the lowest point of the sign and the top of the canopy or overhang shall not exceed 0.3 metre. 10.3 A canopy sign may project a maximum 0.3 metre from the canopy face. 10.4 A canopy sign shall maintain a minimum clearance of 2.7 metres above grade. 11.0 BILLBOARDS A billboard shall conform to the following regulations: 11.1 A billboard shall only be located on a vacant property designated Major Commercial, Industrial, Good General Agriculture by the City's Official Plan 11.2 Where a billboard is located on a premises, no other signs shall be displayed on that premises and no sign permits shall be issued to permit any additional signs on that premises. 11.3 Notwithstanding the provisions of section 11.1 billboards are not permitted within the Central Business District and the Chippawa District. -20- 11.4 The sign face of a billboard shall be a minimum 18.0 square metres in area and a maximum of 70 square metres. 11.5 The minimum distance between billboards shall be 300 metres. 11.6 The maximum height of a billboard shall be 7.5 metres. 11.7 A billboard shall have no more than two (2) sign faces. Each sign face shall comply with section 11.4. 11.8 Where a billboard has two (2) sign faces the sign faces shall be located, placed and displayed at an angle no greater than 120 degrees which angle shall be measured from the back of the sign faces of the billboard. 11.9 A billboard shall be located more than 90 metres from a designated historic site, a public park, or any property designated Residential by the City's Official Plan. 11.10 An application for a sign permit to erect and display a billboard shall include an illumination study and a visual impact study. 11.11 The maximum number of billboards in the City shall not exceed the official population of the City divided by 625. 11.12 The City in each calendar year may approve a maximum of 10 permits for billboards at new locations not currently containing billboards subject to the provisions of section 11.11 which shall supercede this section such that the total number of billboards within the City shall never exceed the number specified the calculation described in section 11.11. 12.0 BANNERS, PORTABLE SIGNS AND TEMPORARY SIGNS Banners, Portable Signs and Temporary Signs shall conform to the following regulations: 12.1 Banners 12.1.1 Not more than two (2) banners shall be placed on a single pole. 12.1.2 The maximum area of a banner shall be 2.5 square metres. 12.1.3 The minimum distance between any part of a banner and the grade shall be 2.7 metres. 12.1.4 A sign permit authorizing the erection, display or maintenance of a banner, that permit shall authorize that owner to erect, display or maintain any -21- number of banners of the same design erected, displayed or maintained in the same manner. 12.2 Portable Signs and Temporary Signs 12.2.1 (1) A sign permit to erect, display, or maintain a portable or temporary sign shall have a maximum term of no more than 30 days. (2) No more than four (4) permits for a portable or temporary sign shall be issued to the same business per calendar year. (3) The total number of days of erection, display or maintenance authorized by the four (4) permits described in sub section 12.2.1 shall not exceed 120 days per calender year. 12.2.2 The maximum height of a portable or temporary sign is 1.8 metres. 12.2.3 A portable or temporary sign shall have no more than two (2) sign faces. 12.2.4 The maximum sign area of an individual sign face of a portable or temporary sign shall be 3.0 square metres. 12.2.5 Where a portable or temporary sign has two (2) sign faces the sum of the sign area of the two (2) sign faces shall be no more than 6.0 square metres. 12.2.6 (1) Notwithstanding the number of occupancies in a premises, a maximum of one (1) portable or temporary sign per 15 metres of frontage shall be displayed along a street frontage of a property. (2) No portable sign shall be erected, displayed or maintained within 15 metres of another portable sign. 12.2.7 A portable or temporary sign shall be located as specified in the drawings submitted by the applicant to obtain the permit for that portable sign. 12.2.8 A portable or temporary sign shall be secured firmly to the ground to prevent any movement or tipping of the sign. 12.2.9 A portable or temporary sign shall not be animated in any manner and shall contain no mechanically or wind driven moving parts. 12.2.10 Streamers, flags, or flashing lights shall not be attached to a portable or temporary sign. Table 5 Readograph Sign Area Sign District Maximum Area of Readograph Fallsview District 50 of maximum sign area Clifton Hill District 100 of maximum sign area Lundy's Lane District 50 of maximum sign area Whirlpool District 15 of maximum sign area Commercialllndustrial Districts 15 of maximum sign area -22- 12.2.11 A portable or temporary sign shall contain no flashing lights or animation. 12.2.12 Without limiting in any way the effect of sub section 3.6.1(e) a portable or temporary sign shall not be located in or obstruct a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By -law. 12.2.13 Without limiting in any way the effect of sub- section 3.6.1(a) portable or temporary sign shall not be located on any street or public property. 13.0 READOGRAPH SIGNS A readograph sign shall conform to the following regulations: 13.1 A readograph sign may be incorporated into any ground, fascia, or roof sign permitted by this By -law in the Sign Districts listed in Table 5 below and is subject to the accompanying restrictions. 13.2 The message or animation of an electronic readograph sign shall cycle at an interval of not less than six (6) seconds. 13.3 For the purposes of this By -law the installation of a readograph sign on an existing sign of another type shall be considered the erection of a new sign. 14.0 PROJECTED IMAGE SIGNS Projected image sign shall conform to the following regulations: 14.1 Above Ground Projected Image Sign -23- 14.1.1 An above ground projected image sign shall be projected onto a building face by a projector located on the same property. 14.1.2 For the purpose of calculating the maximum sign area permitted on a particular building face, an above ground projected image sign shall be deemed to be a wall sign. 14.1.3 The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.1.4 An application for an above ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 14.1.5 The projector used to project the above ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 14.2 On- Ground Projected Image Signs 14.2.1 An on- ground projected image sign shall be projected onto a horizontal ground plane surface by a projector located on the same premises. 14.2.2 The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.2.3 An application for an on- ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 14.2.4 The projector used to project an on- ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 15.0 TOURIST HOMES SIGNS Tourist Home signs shall conform to the following regulations: 15.1 A Tourist Home may have a maximum of one (1) sign. 15.2 A Tourist Home sign may be a ground sign or a projecting sign. -24- 15.3 A Tourist Home sign shall not be erected in a rear yard or an internal side yard, such yards to be determined in accordance with the provisions of any Zoning By -law of the City of Niagara Falls that applies to the subject Tourist Home. 15.4 No part of a ground sign on a Tourist Home premises shall be located within 3.0 metres of a streetline. 15.5 No part of a ground sign on a Tourist Home premises shall be located within 1.8 metres of a side property line. 15.6 A projecting sign for a Tourist Home shall be attached to the front wall of the premises. 15.7 The maximum area of a ground sign shall be 3.0 square metres. 15.8 The maximum area of a projecting sign shall be 1.5 square metres. 15.9 The maximum height of a ground sign shall be 3.0 metres. 16.0 POSTERS Posters shall conform to the following regulations: 16.1 No person shall erect, place or display a poster on public property other than a community bulletin board. 16.2 The community bulletin boards shall be located as set out in Schedule `B" to this By -law. 16.3 The maximum area of a poster shall be 0.28 squares metres. 16.4 A maximum of one (1) poster concerning a particular topic may be placed on a community bulletin board at any one time. 16.5 A poster may not be located so as to obstruct or cover any other poster. 16.6 Posters shall be erected, placed or fastened on the community bulletin board only by means of thumb tacks, pins, or tape. 16.7 City Staff may remove any poster that does not comply with these regulations. 16.8 City Staff shall remove all posters from community bulletin boards on the last day of each month. 17.0 SANDWICH BOARD SIGNS -25- The regulations goveming the sandwich board signs permitted in the Downtown Sign District shall be as follows: 17.1 Notwithstanding any other provision of this By-law, the owner of a premises located in the Downtown Sign District shall be entitled to a permit for one (1) sandwich board sign. 17.2 A sandwich board sign shall consist of two (2) boards, supported by the ground and joined at the top edge to form a rectangular prism. 17.3 A sandwich board sign shall have no more than two (2) sign faces. 17,4 The maximum sign area of a sandwich board sign shall be 1.25 square metres. 17.5 The maximum width of a sandwich board sign shall be 0.75 metres. 17.6 The maximum height of a sandwich board sign shall be 1.5 metres. 17.7 The maximum number of sandwich board signs permitted for each premises shall be one (1). 17.8 A sandwich board sign shall be located on the sidewalk immediately in front of the premises to which the sandwich board sign relates. 17.9 A sandwich board sign shall not be located such that it impedes the movement of pedestrians in any way. 17.10 A sandwich board sign shall be removed from the sidewalk during any time that the premises to which the sandwich board sign relates is not open for business. 17.11 All other provisions and regulations of this By -law shall apply to sandwich board signs located in the Downtown Sign District, with all necessary changes in detail. IV. VARIANCES AND AMENDMENTS 18.0 VARIANCES 18.1 Council hereby delegates the authority to grant minor variances to this By -law to the Director of Planning and Development. 18.2 An application for variance from the provisions of this By -law shall be made to the Director of Planning and Development on the appropriate form and shall be accompanied by the fee prescribed by the City. -26- 18.3 The Planning Department shall prepare a report for the consideration of the Director of Planning and Development, that provides for an assessment of the application, the reasons for the variance and a recommendation to the Director of Planning and Development. 18.4 The Director of Planning and Development shall give notice of his intention to consider the application not less than ten (10) days before the day the decision is to be made with respect to that application. 18.5 Notice of the application shall be given to the applicant, all registered owners of property within 60 metres of the property subject of the application and to any appropriate agency or authority. 18.6 The notice shall identify the subject premises, state the date scheduled for the decision, provide a brief description of the proposed variance and particulars of how to make representations to the Director of Planning and Development conceming the proposed variance. 18.7 The applicant shall post a sign, provided by the Director of Planning and Development, on the premises identifying the subject premises, stating the date scheduled for the decision, a brief description of the proposed variance, and the particulars of how to make representations to the Director of Planning and Development concerning the proposed variance. 18.8 If the applicant does not correspond with the Director of Planning and Development, the Director of Planning and Development may proceed in the absence of the applicant and the applicant will not be entitled to further notice. 18.9 In the event that the applicant desires to submit additional information for the consideration of the Director of Planning and Development, the applicant may request a deferral of the decision by submitting a written request by 4:30 P.M. of the day before the date the decision is to be made 18.10 In considering an application for the variance, the Director of Planning and Development shall have regard for: (a) special circumstances or conditions applying to the lot, building, or use referred to in the application; (b) whether strict application of the provisions of this By -law in the context of the special circumstances applying to the lot, building, or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant of a type and nature inconsistent with the general intent and purpose of this By -law and the Official Plan; (c) 19.0 AMENDMENTS (e) any comments received. -27- whether such special circumstances or conditions are pre- existing and not created by the owner or applicant; (d) whether the sign that is subject of the variance will alter the essential character of the area in which it is located; and 18.11 The Director of Planning and Development may authorize a variance from the provisions of this By -law, with or without conditions, if, in the opinion of the Director of Planning and Development. (a) the variance is desirable; (b) the variance is minor in nature; (c) that the general intent and purpose of this by -law is maintained: and (d) that the general intent and purpose of the Official Plan is maintained. 18.12 In the event that: (a) Council withdraws its delegation of authority with respect to a particular application; or (b) The Director of Planning and Development refuses to grant the minor variance; the application will be dealt with as an amendment application with all necessary changes in detail. 19.1 Where a proposed sign fails to meet any of the provisions of clauses (a), (b), (c) or (d) of section 18.11 of this By -law as determined by the Director of Planning and Development or where a proposed sign is not permitted by this By -law, the applicant shall make application for an amendment to this By -law by: (a) filing an application on the form provided with the Planning and Development Department; (b) submitting the appropriate fees; and -28_ (c) submitting any plans, drawings, documents or studies that may be deemed necessary by the Director of Planning and Development to assess the application. 19.2 The Director of Planning and Development shall submit a report for the consideration of Council that provides an assessment of the application, the reasons and appropriateness of the proposed amendment and a recommendation to Council. 19.3 At least one (1) public meeting shall be held. 19.4 Notice of a public meeting shall be given to the applicant, all registered owners of property within 120 metres of the property subject of the application and to any appropriate agency or authority not less than 20 days before the day of the public meeting. 19.5 The applicant shall post a sign, provided by the Planning and Development Department, on the property stating the date, time and location of the public meeting and a brief description of the requested amendment. 19.6 If the applicant does not attend the public meeting, Council may proceed in the absence of the applicant and the applicant will not be entitled to further notice in the proceeding. 19.7 In considering an application for an amendment, Council shall have regard for, with all necessary modification, clauses (a), (b), (c), and (d) of section 18.11 of this By- law. 19.8 Council may impose such conditions upon the granting of an amendment as it deems appropriate in the public interest. 19.9 Council may uphold, vary or refuse the recommendation of the Director of Planning and Development. The applicant shall not be entitled to a further hearing on the matter before Council and the decision of Council on the application shall be final. V. PENALTIES AND ENFORCEMENT 20.0 PENALTIES AND ENFORCEMENT 20.1 No person shall: (a) erect, locate or display a sign without a permit if a permit is required under this By -law for that sign; (e) (fl -29- (b) erect, locate or display a sign for which a permit has been obtained except in accordance with the approved plans and drawings submitted as part of the permit application; (c) erect, locate or display a sign in a manner that is not in accordance with the regulations of this By -law or the conditions of any variance granted under this By -law; (d) erect, locate or display a sign of a type which is not specifically permitted under this By -law; erect, locate or display a sign which is on or overhangs public property; fail to comply with an order issued pursuant to section 20.6 of this By -law. 20.2 Every person who contravenes any provision of this By -law or an order issued pursuant to section 20.6 of this By -law is guilty of an offence and upon conviction, subject to the penalties and sanctions provided by provincial law for such an offence. 20.3 Where a person has been convicted of an offence, the court in which the conviction has been entered and any court of competent jurisdictions thereafter may, in addition to any other remedy or penalty provided for by law, make an order prohibiting the continuation or repetition of the offence by the person convicted. 20.4 Where a sign is erected or displayed on, over, partly on, or partly over property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice. 20.5 Where a sign is erected or displayed in contravention of this By -law, the Director of Building and By -law Services or his designate may immediately pull down or remove any sign that he determines constitutes a safety hazard or concem. 20.6 Where a sign erected on private property does not comply with this By -law or a permit issued under this By -law, the Director of Building and By -law Services or his designate, may by order, require the owner to bring the sign into conformity in the manner and within the time specified in the order. 20.7 Any order required under this By -law may be given by: (a) personal service upon the party being served, or (b) prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or 21.0 CONFLICT -30- (c) prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 20.8 If the owner does not comply with an order given under this By -law within the time specified in the order, the Director of Building and By -law Services or his designate may order the owner to remove the sign and restore the property and building in the manner and within the time specific in the order. 20.9 Any order required under this By -law may be given by: (a) personal service upon the party being served, or (b) prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c) prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 20.10 Where the order is served in accordance with the provisions of this By -law, it is deemed to have been received by the party being served upon the mailing or posting of the order. 20.11 Where a sign is not removed or a property and building are not restored as required by an order issued under this By -law, the Director of Building and By -law Services or his designate, may have the sign removed and the property and building restored. For this purpose, the Director, his designate, or a contractor or other agent may enter upon the property and premises at any reasonable time. 20.12 The costs of removing the sign and restoring the property or building may be recovered by adding those costs to the tax roll to be collected in the same manner as taxes. 20.13 Any sign removed by the City shall be stored by the City for 30 days, during which time the owner may redeem the sign upon payment of the applicable fee prescribed by the City. 20.14 Where a sign has been removed by the City and stored for a period of 30 days and has not been redeemed by the owner, the City may destroy or otherwise dispose of the sign after 30 days without notice or compensation to the owner. 21.1 Where a provision of this By -law conflicts with any other By -law, the By -law containing the higher standard shall prevail. 22.0 VALIDITY 22.1 If a Court of competent jurisdiction declares any section or part of a section of this By -law invalid, it is the intention of Council that the remainder of the By -law shall continue to be in force. 23.0 REPEAL Passed this 23.1 By -law No. 6661, as amended is hereby repealed effective the date of the passing of this By-law. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: 2008 2008 2008 -31- day of 2008. SCHEDULE "B" Community bulletin board locations: 1. City Hall Square 4300 Queen Street, Niagara Falls 2. MacBain Community Centre 7150 Montrose Road, Niagara Falls 3. Niagara Falls Memorial Arena 5145 Centre Street, Niagara Falls 4. Stamford /Jack Bell Arena 6570 Frederica Street, Niagara Falls 5. Chippawa Willoughby Memorial Arena 9000 Sodom Road, Niagara Falls 6. Oakes Park 5700 Morrison Street, Niagara Falls 7. M.F. Ker Park 3420 Sinnicks Avenue, Niagara Falls 8. E.E. Mitchelson Park 3750 3800 Springdale Avenue, Niagara Falls A by -law to authorize the execution of the July 1, 2008 to December 31, 2009 Collective Agreement with the Amalgamated Transit Union and its Local 1582. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement between The Corporation of the City of Niagara Falls and the Amalgamated Transit Union and its Local 1582 respecting remuneration, benefits and working conditions for the period July 1, 2008 to December 31, 2009, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said agreement and the Clerk is hereby authorized to affix the Corporate seal thereto and to deliver the said agreement. Passed this 15th day of December, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 15, 2008 December 15, 2008 December 15, 2008 CITY OF NIAGARA FALLS By -law 2008 Passed this fifteenth day of December, 2008. First Reading: Second Reading: Third Reading: December 15, 2008 December 15, 2008 December 15, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on thel5t day of December, 2008. 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 15` day of December, 2008 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR