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2009/04/06COUNCIL MEETING Monday, April 6, 2009 Order of Business and Agenda Package Niagara PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of March 23` 2009 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Wellspring HOPE Fund Ann Mantini, Executive Director of Wellspring Niagara, Liz Palmieri, Executive Director of Niagara Community Foundation and Alex Herlovitch will make a brief presentation to Council outlining a plan to establish an endowment fund to be in perpetuity by the Niagara Community Foundation. Trails and Bikeway Committee COUNCIL MEETING April 6, 2009 DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS Lisa Wilson, committee Chair, will update Council about the Trails and Bikeways 2008 accomplishments and upcoming 2009 plans. 2 Background Material: Recommendation Report: PD- 2009 -29 -AND Correspondence from the Region Correspondence from Enbridge Correspondence from Jeffey Keith Hincks PLANNING MATTERS Public Meeting AM- 2008 -035, Zoning By -law Amendment Application 6455 Fallsview Boulevard, 6471 Stanley Avenue and 5896 -6046 Dunn Street Applicant: 1712093 Ontario Limited and 2100422 Ontario Limited Carmen and Victor Menechella) Agent: Italia Gilberti, Broderick Partners LLP, Proposed 10 Storey 126 Room Addition to the Fallsview Plaza Hotel MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Honourable David Caplan, Minister of Health and Long -Term Care responding to Council's request to appear as a deputation at a meeting. RECOMMENDATION: For the information of Council. 2. Rotary Club of Niagara Falls Ribfest (1) Requesting that the Rib Fest be declared a Community Festival; (ii) Requesting that the noise by -law be extended to 11 p.m; (Hi) Requesting that permission be given for directional signs. RECOMMENDATION: Council approve the first two request and that staff be directed to work with the organizers regarding directional signage. 3 3. Celebrate Old Downtown requesting a grant equal to various fees associated with Springilicious and extension of the Noise By -law. RECOMMENDATION: For the consideration of Council. 4: MIDE Bistro requesting that the cost associated with the sidewalk cafe be waived. RECOMMENDATION: That Council deny the request or, in the alternative, the BIA be requested to fund the loss of parking revenue to the City. 5. Canadian Forces Recruiting Request permission to fly a CF -18 Canadian Fighter aircraft for the Niagara Falls 2008 Canada Day celebrations. RECOMMENDATION: For the approval of Council. 6. Niagara Child and Youth Services Foundation Requesting that the week of May 2 9, 2009 be proclaimed as Children's Mental Health Week" in the City of Niagara Falls. RECOMMENDATION: For the approval of Counci.I 7. Ontario Coaches Week Requesting that April 18 26 2009 be proclaimed as "Ontario Coaches Week" in the City of Niagara Falls. RECOMMENDATION: For the approval of Council. 8. Canadian Mental Health Association Requesting that May 4 -10, 2009 be proclaimed as "Mental Health Week" in the City of Niagara Falls and that Council support a flag raising during that week. RECOMMENDATION: For the approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. wwwww REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2009 -15 Annual Statement of Remuneration Expenses F- 2009 -16 Tax Receivables Monthly Report MW- 2009 -16 Contract 2009 -17 Sewer Lateral Lining Program MW- 2009 -17 Consulting Services for Bridge and Culvert Inspections MW- 2009 -19 Water Conservation Rain Barrel Sale PD- 2009 -27 Matters Arising from Municipal Heritage Committee Status ofJolley Cut R- 2009 -19 2009 Arena Rates and Fees R- 2009 -20 Award of Pro at the Gale Centre RESOLUTIONS THEREFORE BE IT RESOLVED that Council confirms the actions of Staff in filing the Notices of Appeal or Complaint against those properties set out in Schedule "A" attached to the resolution; and Staff be authorized to appear at the Hearing to consider the Appeals or Complaints and to take all steps necessary to support the said Appeals or Complaints. -5 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -53 A by -law to authorize the execution of an Agreement of Purchase and Sale with Zeljko Holdings Limited respecting the purchase of lands, being Parts 1 and 7 on Reference Plan 59R- 13814; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -54 A by =law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2009 -55 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 or a tourist home. (AM- 2008 -038) 2009 -56 A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2009 -57 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. McGarry Drive and St. Michael Avenue 2009 -58 A by -law to apply the Heritage Week reserve fund. 2009 -59 A by -law to hereby authorize the execution of Contribution Agreement for Infrastructure Projects between Her Majesty the Queen in right of the Province of Ontario, as represented by the Deputy Premier and Minister of Energy and Infrastructure, and Minister of Agriculture, Food and Rural Affairs Transportation for the Province of Ontario (the "OMAFRA and the City of Niagara Falls (the "Recipient related to Intake One of the Building Canada Fund Communities Component (BCF -CC), as in Schedule "A" attached hereto. 2009 -60 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6 day of April, 2009. NEW BUSINESS March 20, 2009 Mayor Ted Salci and Council Members Sincerely Alex Herlovitch RE: Wellspring HOPE Fund WELLSPRING Niagara A Lifeline to Cancer Support On, Monday, April 6, 2009, Ann Mantini, Executive Director of Wellspring Niagara and Liz Palmieri, Executive Director of Niagara Community Foundation and I wish to outline a plan to establish an endowment fund, to be held in perpetuity by the Niagara Community Foundation, to assist Wellspring Niagara with its ongoing programs. Wellspring Niagara is a non profit community based cancer support organization which provides programs and services to cancer patients and their families. Wellspring offers counseling, peer support, coping skills and strategies, discussion groups, bereavement support, yoga programs and reiki therapy among its many activities. The goal is to allow those dealing with cancer to live well before, during and after treatment. The Niagara Community Foundation is a non profit body which manages and builds permanently endowed charitable funds to meet the changing needs of the community by working with donors to meet philanthropic goals, making grants, and providing leadership that contributes to the health and vitality of the community. I have made commitment to raise $10,000 by running the Easter Island Marathon this June. All donations will be vested with the Niagara Community Foundation to be held in perpetuity. The fund is to be called Wellspring HOPE Fund. Interest earned from this fund will be used to provide Wellspring with assistance in providing its ongoing programs and services. Over the next couple of months, I will be seeking financial partners to help make this goal a reality. This is really a community gift which gives back to the community. NIAGARA 4 COMMUNITY FOUNDATION NI :aG: FALL CLERK:37 -C (3/30/2009) Dean lortida Trails and Bikeways committee Page 1 From: Kathy Moldenhauer To: Dean Iorfida Date: 3/25/2009 1:54 PM Subject: Trails and Bikeways committee CC: Denyse Morrissey hi Dean Confirming the deputation for Trails and Bikeways committee on Monday, April 6th at City Council. Lisa Wilson, committee chair will be the spokesperson for the committee. Lisa will be updating council about Trails and Bikeways 2008 accomplishments, plans for 2009 and comments regarding future trail developments relating to capital budget. thanks 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 kmoldenha uer@ niaga rata I Is.ca April 6, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj1alls PD- 2009 -29 Re: PD- 2009 -29 AM- 2008 -035, Zoning By -law Amendment Application 6455 Fallsview Boulevard, 6471 Stanley Avenue and 5896 -6046 Dunn Street Applicant: 1712093 Ontario Limited and 2100422 Ontario Limited (Carmen and Victor Menechella) Agent: Italia Gilberti, Broderick Partners LLP Proposed 10 Storey, 126 Room Addition to the Fallsview Plaza Hotel RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit a 10- storey addition to the Fallsview Plaza Hotel and to permit additional off -site parking, subject to: a) providing a 6 metre (19.7 foot) setback from the north property line for the portion of the addition above 4 storeys. BACKGROUND: The applicants have requested zoning amendments to three parcels of land identified as 6455 Fallsview Boulevard (Parcel 1), 6471 Stanley Avenue (Parcel 2) and 5896 -6046 Dunn Street (Parcel 3) as shown on Schedule 1. In 2008, Council approved a 4 to 5 storey podium addition to the south and west sides of the 18 storey Fallsview Plaza Hotel on Parcel 1, including 120 additional hotel rooms, restaurants and entertainment facilities, with the majority of the required parking being provided on Parcels 2 and 3. The applicants are now proposing a further 10 storey, 126 room addition to the north side of the hotel. Schedules 2 and 3 show the details of the existing hotel and the proposed additions. Schedules 4 and 5 show details of the parking lots. Parcel 1 is zoned Tourist Commercial (TC -820) with site specific zoning provisions permitting the existing 18 storey hotel and a 4 to 5 storey expansion thereto, and permitting the majority of the required parking to be provided off -site on Parcels 2 and 3. Parcels 2 and 3 are zoned Tourist Commercial (TC -821) and Parking (P -822) respectively, with site specific zoning provisions that permit up to 314 parking spaces required for the development on Parcel 1 to beitirovided on these lands (123 parking spaces on Parcel 2 10Queenj5treet PO Sox 1023 Nlagara [Fa lls ON- Canada L2Ef6X5,t,905 wwwniagarafalls.`ce Working Together to Serve Our Community Community Services Department Planning Development April 6, 2009 2 PD- 2009 -29 and 191 parking spaces on Parcel 3). The applicant is requesting the site specific zoning be amended to permit the proposed 10 storey, 126 room addition to the hotel while retaining existing development rights, and to permit approximately 58 additional required parking spaces to be provided on Parcel 3. Site Conditions and Surrounding Land Uses 6455 Fallsview Boulevard (Parcel 1) An 18 storey hotel on Fallsview Boulevard is located on this parcel. An addition, permitted under By -law No. 2008 -54, is under construction on the north and east sides of the hotel. The drop off area on the east side of the building will be moved to the west side of the building off Stanley Avenue. The hotel is surrounded by the Hilton Hotel development to the north, the Fallsview Casino to the east, the site of an approved 30 storey hotel and a restaurant to the south and the subject hotel's off -site parking lot (Parcel 2) to the west. 6471 Stanley Avenue (Parcel 2) This parcel is a parking lot which supplies a portion of the required parking for the subject hotel. The Fallsview Plaza Hotel is located to the east, the President Motor Inn to the south, the Lincoln Motor Inn to the north and a Hydro transformer station and works yard to the west. 5896 -6046 Dunn Street (Parcel 3) A parking lot exists on approximately half of this parcel. Over 1,100 parking spaces are provided in this lot (split between the applicant and Niagara 21' Group). The balance of the property is vacant. The Official Plan permits up to 1,650 parking spaces on this parcel. The Zoning By -law permits a 1,360 space parking lot on the land as of right. This parking lot is tied to a number of properties in the tourist core and provides up to 191 required spaces for the subject lands. This property is surrounded by a mix of single detached dwellings, apartment buildings, townhouse dwellings, a park and a school. Circulation Comments Regional Municipality of Niagara No objections from a Provincial or Regional perspective. Traffic comments, such as monitoring the intersection of Stanley Avenue and Dixon Street to ensure there is not excessive loading of lanes and installing appropriate signage to redirect traffic if necessary, should be addressed at the site plan stage. The City's Master Transportation Plan should address traffic impacts from the subject off -site parking lots as well as other off -site lots in the tourist area. April 6, 2009 Transportation Services Building Services 3 PD- 2009 -29 No objections. However, the Transportation Study that was submitted for the addition approved in 2008 should be updated when the site plan application is filed, given the additional required parking that is proposed on Parcel 3. A 3.05 metre (10 foot) wide road widening will be required along a portion of the Fallsview Boulevard frontage of Parcel 1 to achieve a 26.21 metre (86 foot) road right of way. All required Building Permits to be obtained prior to construction. Legal Services, Municipal Works, Fire Services No objections. Planning Analysis The following is a summary of Planning staff's analysis of the application: 1. The subject hotel is located in the Fallsview Subdistrict where building heights up to 30- storeys may be considered. Figure 4 of the Official Plan identifies the area where Council will consider buildings up to 30 storeys in height. Parcel 1, where the existing hotel is located, is in this area. The hotel addition will have a total height of 10 storeys and is within the permitted height limit. 2. The proposal meets only some of the Design Guidelines intended to guide high -rise development and prevent a continuous wall of buildings. The Official Plan requires tall buildings to reduce their massing and visual impact as they become taller and to provide appropriate gaps between buildings. The Official Plan specifies a series of design criteria intended to add distinct and interesting features to the skyline, enhance pedestrian environment at street level, provide appropriate setbacks for high -rise buildings and to ensure mass for high -rise buildings are reduced and gaps maintained. Council adopted the Tourism Policy Review Implementation Handbook as guidelines to provide further direction on how these policies may be achieved. The proposed hotel meets the following design criteria: With current approvals and the proposed addition, the hotel will achieve a positive building base. The entire Fallsview Boulevard frontage of the property is to be developed with a podium that will enhance the pedestrian environment along Fallsview Boulevard. April 6, 2009 4 PD- 2009 -29 The podium along Fallsview Boulevard will provide wind mitigation and weather protection for pedestrians on the adjacent sidewalk. The pedestrian environment has been enhanced through streetscape improvements. The tower steps back from Fallsview Boulevard. The proposal does not provide the appropriate gap between towers above the podium. The guidelines require a 25 metre (82 foot) separation to assist in providing light and transparency between buildings and allow for light and air penetration at the pedestrian level. The tower portion of the Hilton Hotel is set back 8 metres (26 feet) from the shared lot line. The proposed addition to the Fallsview Hotel is only set back 2 metres (6.6 feet) from the common lot line. Therefore, a separation of only 10 metres (33 feet) rather than 25 metres would be achieved between the proposed tower and the adjacent Hilton Hotel. The separation distance can be improved by removing two rooms per floor above the fourth floor podium and thereby increasing the setback from the northerly lot line to 6 metres (20 feet). This would result in a gap of 14 metres (46 feet) total between the proposed tower and the adjacent Hilton Hotel. While this gap would still be less than the guidelines, there are certain site specific factors which make a modest departure acceptable. The development is not in the first tier (along the moraine) of development that would impact on Queen Victoria Park, the addition would not be visible from the Park and the height of the addition is only 10 storeys which means the impact is lessened since the gap exceeding the guidelines is achieved above the addition. The architecture of the addition does not add a distinct nor interesting feature to the Niagara Falls Skyline. It does not contain any of the architectural features of the existing Fallsview Plaza Hotel nor does it have any distinctive features of its own. A higher quality design could be achieved by incorporating features of the existing hotel, such as developing the front of the proposed tower with a curved wall to reflect the design of the existing hotel or incorporating the glassed penthouse of the existing hotel. Alternatively, the addition could be designed to be more architecturally distinguished with better architectural detailing on the facades and a distinct roof terminus. These can be resolved during the site plan process. In addition, the expansion of the hotel will exceed the permitted floor plate size and the length to width ratio criteria contained in the design guidelines. The existing hotel makes it difficult to develop any additions without exceeding this criteria. 3. The requested zoning amendment for additional height and off -site parking can be supported. The applicant has requested Parcel 1 be placed under a new site specific TC zone that will retain the existing hotel and development rights (including a 4 -5 storey podium to the south of the existing hotel) as well as permit the new addition. The April 6, 2009 5 PD- 2009 -29 hotel addition would have a height of 31 metres (102 feet) above the elevation of Stanley Avenue. The current site specific zoning permits a building height of 15.2 metres (50 feet) in this location. The amending by -law should implement the recommended increased setback from the north lot line of 6.0 metres (20 feet) rather than the requested 2.0 metres (6.6 feet). Should Council accept the increased set back, it should be illustrated on a revised drawing prior to the preparation of the amending by -law. A proper roof feature may involve a slightly taller design which the amending by -law should permit. The applicant is requesting an increase in the number of required parking spaces located off-site on Parcel 3 (5896 Dunn Street) from 191 to 249. Sufficient capacity exists in the parking lot on Parcel 3 to accommodate the 58 parking space increase. This request can be supported. The request to incorporate the earlier approvals that apply to the lands as authorized under By -law No. 2008 -54 can be supported. These approvals include the development of a 4 -5 storey podium to the south of the existing Fallsview Plaza hotel and a Pinball or Electronic Game Machine Establishment on Parcel 1, permission to locate 123 parking spaces required for the Parcel 1 development on Parcel 2 and requirement for a decorative wall or fence between a parking area and a street on Parcels 1 and 2. As well, the earlier standards approved for the parking lot on Parcel 3 by Council in 2003, as varied, will be continued in the amending by- law. As a housekeeping measure, the Section 37 Agreement which applies to Parcel 1 will be amended to reflect the new development should Council approve the application. This will require a minor change to the regulations of the site specific zoning by -law. No further payments are required as the streetscape has already been improved and contributions collected. Site Plan Control is applicable. It will be necessary to amend the site plan agreements that apply to the properties in order to accommodate the proposal. In addition to the matters typically covered under site plan control, the amending site plan agreement would cover the details of storm water servicing and the decorative fence or wall around Parcels 1 and 2. As required by Transportation Services, an updated traffic study will be required for the site plan submission. A site plan agreement for the parking lot on Parcel 3, split between the applicant and Niagara 21' Group will need to be amended to recognize the change to the parking lot, as well as any expansions necessary to accommodate required parking linked to this site. April 6, 2009 CONCLUSION: 6 PD- 2009 -29 1. Through the planning analysis it was found that the proposal: Complies with the height policies and some of the design criteria of the Official Plan. Increasing the separation between the hotel addition and the adjacent Hilton Hotel will reduce the "wall of development" impact the addition will have in this area. Developing the addition with distinctive architecture including a roof feature will enhance the appearance of the development on the land. 2. Staff recommend an increased separation distance of 6 metres (20 feet) be provided between the addition and the north property line above the podium level. While this would not provide the gap between towers as contained in the guidelines, it is appropriate because the tower is low, is not in the first tier of development and cannot be seen from Queen Victoria Park. Recommended by: Approved by: A.Bryce:mb Attach. 4 I SM Alex Herlovitch, S:IPDR120091PD- 2009 -29, AM 20 08- 035, Menechella ,Fallsview,Stanley,Dunn.wpd ctor of Planning Development Ed Dujlovic, ecutive Director of Community Services Subject Lands vA SCHEDULE 1 LOCATION MAP "1 U E l MS so mm 11111111111 111111 6471 STANLEY AVE 11101 1 PARCEL 2 is& or ��ii Mil III 11 1 *1i p oi ISoolush I 1: sd Al I as 5896 -6046 DUNN ST _r ST n mIXoni a 55 FALLSVIEW BLVD PARCEL 1 Dill I u W NNT LM G E ST Location: 6455 Fallsview Boulevard 6471 Stanley Avenue 5896 -6046 Dunn Street Applicant: 1712093 Ontario Limited 2100422 Ontario Limited K: \GIS_ Requestsl 200 TSehedules \ZoningAM\AM- 36\mapping.map Amending Zoning By -law No. 79 -200 1:NTS PD- 2009 -29 February 2008 N8 e i U Schedule 2 STANLEY AVENUE OPEN TO BELOW NEW; SWIMMING 'POOL:: 2 SjOREYS v(.:(1.7 =FUTURE HOTEL ADDITIONG •p4; STOREYS 2' STOFEY'ROOE. KFKLLT PAN. 27507750 27[7506 FALLSVIEW BOULEVARD 3 N. amp. 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IIIil1 NI :'!,!!if ii d�!!!�� 1I i 1�I ..1 sees al al 'ia Agri I... @1. li p ...11 '�el nue MASA MAMA y_ EAST FALLSVIEW BLVD, ELEVATION 0 NORTH ELEVATION Schedule 3 f -f--- 4- -H -N b b b b b b b b b S b b MY MY PLAY SAY ANN i 11 11 ME f -..ela!¢9 I ....usal ��0•�IWIMI l..aull MEM ISM arirrAINV WHINIMPthl SST e..e'm'e IN=11= eeseaesieee:e.e.e ee.e®eesolue.annossan U M1III sees.. CIDe9le.el ton mim qiiiirditalitarsolosambanamoso Giiiiiui en ®e. a■I 1� V U�IN A e Iea� i Illllli sn•n •.s .ar eA.l. as ■aa laan..a�. ...aule3 R om slamoom my 1 L L IVY Schedule 4 STANLEY ALLENOALE AVENUE AVENUE i t r6{1 Nrld '[lerdtk sam eh s lbdd SLra _T S ZO'O£2 ht 1 n'M 21 L I Or tiI Vd S 5 9Z9'd9l S 1tlYd 4 J Vd Schedule 5 »V I1N3CIS3a, tea., 2,°, Ailanthus Ave Nyy, g a F I R I Ir 0 2 Niagara t V Region March 20, 2009 File: D.10.042A =04332 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St:, 2n" Floor Niagara Falls, ON 12E '6X5 Dear Mr. Bryce: Re: AM- 2008 -035, Zoning sy la Amendmet Proposed i10 Stotey Hotel Addition and 6455 Fallsview`Boule`v"ard Cityiof Niagara•FaHs Application ff -Site parking P,LBLIC WORKS:DEPARTMENT Development Services Division 2201 St. David's Road, P.0 ,'Box 10142 Thorold, ON 12V 4T7 Tei: 905 68541571 Tou-free:1- 800 263 =7215- Faz: 905- 687 =8056 www.Nagararegion ca Regional:Developmenf Services -atalt has reviewed tha information>circuiated =for the: above, noted Zoning. By -law Amendment application, The proposed' amendment will rezone the property to facilitate the deveiopment of a 10 storey addition -to -the existing hotel-as -well as to-permit additional off -site parking. Regional staff offers the following'Provinclai and Regional comments to assistthe City in considering the proposed development. GensralLandUse The subJect property is located within the Urban Area-Boundary for the City of Wiens a Falls accoaling�to the Reglcnai PoHc PIan The tjr`ban Are *poliq es=provii de fora�iar a ofiindusttial, oommercial residential uses the Regional Poticy"Plan, ProvIncial Pohtsy totem tit s rd Greater Golden Horseshoe Growth Plan allcontain pchces that7sup ortzlrtfen cafiorr. n =the urban area where app opnate levels of services arlg1 infrastructure, exist The' expansion of the exts#ing:hoter1wiil ydpresont intensification and elfiolent use of land as thefpropePti Is located i n the City's developed Tourist area where se vices and: Infrastructure already exist. The hotel expanslon may:pro"vide;additionsi employnient opportunities for residents lhe City; Tec_„ hnicaJEngiHnir nee The subject,'property abuts Regional Road 102 {Stanley ^Avenue) :and one of the offsite lots is Iocated along the same Regional road: Stanley Avenue wag receritly-re and the current access must remain as constructed Any road outs rgqu lredtmto the reconstructed Regional road must tie restored to�'es -good as° condition by thee comp iMon eff the wo'rks #fie: deireloper'sexpense.. 2 A Traffio,(mpact Study�prepare DelcanlCo sla ted F ebruary 95, 20 08 wa by this Dep for the earlier, {now outdated) Srte`Plan Application Transpanation =Seri ices Division =stafVhas reviewed thisstudy and provides tlte`followirig,comm There is a need to address the expect additiona westboound,le t -tom et_Dixon,Street and Stanley Avenuelby instell lttg,approprlateslgnage a do no t bhiek; The City should ensure compliance with parking'requi prefe,nce to accommodating as much on sde parking asspossible the routingzofvetucles westerly on'Dixoh Street t hen south onto,Stanley Aven may, reduce the level of service,at the Dixon Stanle intersection as t her e is lim left Zane stora ;a nd geometric re s tr icti o ns at thi inters"ect in T hi s tr co should be monnored`- -for problems with possible rerouting necess throug signay O ff site remo p results additional traffi that can have a adverse affect u Stan Ave nue The sit c o m po u n d e d' through val p arktn g which, generally req uires n' it i ple trips to park retrieve v ehicles A ccordingly y the` proposed; Master T r a n s portatio n Pl to oe unde this by ,tbe City should include the off siteparking issue as an' item tobe evaluated; complete wit recommendations for future requirements' and policy The site -plans should be corrected to show the, current design of: the consolidated driveway. for e aw Plaza an Hilte: as -existing sidewalks con Pi note tlsvie Regional encroachment and d the northerly site of the entrance :permit on Hots will be t as well req pri an stn{ction taking place within a" Regiona roa alowan a nd no connection to the wat&main iii along Reglorial Road -102 shalt'be „pe r ri iitted'nor..sheil tl e'Iine;be3distur during constructi Conclualon Regional staff has no objections to the proposal from a,.Provinc'al or Regions However, the City should be'•.satisfied that the proposal is in keeping wi policieslguidel -and the p ro po s ed offsitesparking,is appropriate ;for the d evelop s.._ If .you have any questions or wish to discuss these comments, please contact Sue; Mabee, Planner, or Peter Colosimo, Director of Development` Services Please<send notice of the City's decision -with regard to this application. Yours truly, Mabee Planner am/ Z:NASWORR FALLS\Zoning Bylaw AmendmenMAM- 2000 035 5455 Fallsvlew.doc aerspectiye. any: deslgn nt. MARCH 19TH, 2009 ALEX HERLOVITCH DIRECTOR OF PLANNING &'DEVLEOPMENT CITY OF NIAGARA FALLS CITY HALL 4310 QUEEN STREET NIAGARA FALLS, ON L2E 6X5 Dear Sirs: Yours truly, CARMEN MENECHEL LA) CITY FILE: AM -2008 -035 Tony Ciccone Manager, Network Analysis Distribution Planning (416) 758- 7966 (416)758- 4374' FAX Mailing A4drisa P.O. Box scarborough''ON M1K 5E3 6455'FALLSVIEVV'BOULEVARD (ROLL# 2725 8 °131” 6471 STANLEY AVENUE (ROLL# 2725 031 -2: 5896 -6046 DUNN STREET 0 2725. 0804-021 -1100) ZONING BYLAW AMENDMENT APPLICATION 1712093 ONTARIO LIMITED 2100422 ONTARIO L MITED (VICTOR Enbridge Gas Distribution has no objections to the development as proposed. However, should the applicant consider the use of natural gas for this development, Enbiidge requests the developer contact us at their earliest convenience to discuss Installation and clearance requirements for service and metering facilities. R CA-\ ick A M 2008 O 3S 34/ s A i IG1 Ac e?, S luw e 5896 6 t/ ��L,✓1 5( 2011 08 0o-- 02 l- oo Can, lore 7l e ASeCN c� h ✓sc r�CLhtr Ne.r.;en,� Sc k.) 7I, ru r� c Schou N*w 7� (4, It 4 '7,) G �wL 1C G (L)--v Oc%✓ v�� k A w�� v U C "i u P c:c ✓vv w 0 w Cvr A lct.., 5 1 '^S 0 O d C0•r) r /1 Y� j in 4 U j e U 3 e k I l tce5 D rvMu 7ki :5 &Le, L l k, V G r Pc. Planning 3 1 Scanned rue: 7 e NI I Nf6 RECEIVED MAR 2 0 2009 PLANNING DEVELOPMENT Ministry of Health and Long -Term Care Office of the Minister 10 Floor, Hepburn Block 80 Grosvenor Street Toronto ON M7A 2C4 Tel 416 327 -4300 Fax 416 326 -1571 www.health.gov.on.ca MAR 19 2009 Dean lorfida City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 Dear Mr. lorfida: Ministere de la Santo et des Soins de lob ue.durge.,.. Bureau du ministre 1D stage, edifice Hepburn 80, rue Grosvenor Toronto ON M7A 2C4 Tel 416- 327 -4300 Teloc 416 326 -1571 wnv v. health.gov.on.ca fl 1 ®I Ontario HLTC2966 MC -2009 -1411 Thank you for the invitation to attend a Niagara Falls City Council meeting to discuss the Niagara Health System (NHS) Hospital Improvement Plan (HIP). The HIP was prepared and presented to the Hamilton Niagara Haldimand Brant Local Health Integration Network (HNHB LHIN) by the NHS as part of their efforts to deliver high quality health care services while making the best use of available resources. On January 27, 2009, the LHIN Board of Directors issued an integration order to move forward with changes to Douglas Memorial Hospital Site. The LHIN Board decision also allowed the NHS to move forward with full implementation of the HIP. I have met, on separate occasions, with Fort Erie Mayor Doug Martin and Port Colborne Mayor Vance Badawey to discuss the HIP. On both occasions I said that I supported the HNHB LHIN's decision to accept the plan and to help the NHS move forward with it. While I am unable to attend a council meeting, I would like to invite Mayor Salci to meet with me in my office at Queen's Park. This meeting will also allow us to discuss the solutions to help ensure patients in the Niagara region have access to sustainable health care services both now, and in the future. I would ask that you please contact Josie Verrilli in my office at 416- 327 -4306 to schedule a meeting. 2 Dean lorfida Debbie Sevenpifer, President and CEO NHS Corporate Office 155 Ontario Street St. Catharines ON L2R 5K3 Telephone: 905 -378 -4647 Yours sincerely, -2- If Council would like to receive a presentation on the HIP, I would encourage you to contact Debbie Sevenpifer, President and CEO of the NHS. Should Council wish to learn more about the improvements to health care services across the Niagara region please contact Pat Mandy, Chief Executive Officer of the HNHB LHIN. For your convenience I have included their contact information directly below. David Caplan Minister c: Kim Cratior, MPP, Niagara Falls Pat Mandy, CEO Hamilton Niagara Haldimand Brant LHIN Main Street East Grimsby ON L3M 1 P8 Telephone: 905 945 -4930 1671 -01 (03/04) 75304653 Corporate Services Department Clerk's Division Inter Department Memorandum TO: Mayor Ted Salci DATE: April 6, 2009 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Rib Fest Niagarajlalls The "Niagara Falls Sunrise Rotary" is holding its fifth Annual Ribfest. To obtain the appropriate Special Occasion Liquor Permit from the Alcohol Gaming Commission (AGCO), the event must designated as a community festival (see below). An appropriate resolution is included for Council's consideration. The organizers have also requested relief from the noise by -law. Staff has no issues, as the organizers have been proactive in recent years in mitigating noise by orienting the stage away from the residences. Finally, they are requesting directional signage in the days leading up to the event. Staff will work with the organizers on this request. Community Festival (Sale) The event must be designated as a Community Festival by a resolution of the municipal council or a delegated municipal official and are to be conducted by a charity, non -profit corporation, organization or association for the advancement of charitable, educational, religious or community objects. The permit must include a letter from the municipal council, the municipal clerk or delegated official designating the event as a Community Festival (applicants for Community Festivals are the same as for Fundraising events). Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development February 28, 2009 City Hall 4310 Queen St. Niagara Falls, ON L2E 6X5 Attn: Mayor Ted Salci and Council Subject: Rotary Ribfest Niagara Falls Sunrise, June 19, 20 and 21 We would like to ask for the City's permission to put up directional signs as we have in the past to direct traffic to our event which is being held at Optimist Park. We will work with staff in the placement of these signs, which are 24" x 12 so as not to impede traffic or hinder site lines. We thank you for your consideration of this request we look forward to a successful event and to contributing back to our Community. Respectfully, Nancy Tkachuk Rotary Ribfest Chairperson 7404 North Dorset Place Niagara Falls ON L2J 3T4 nancyt@vaxxine.com Ni; B FALL (L EF.'.I S 'f 1: 1 0: ,(J4 1.f February 28, 2009 The City of Niagara Falls, Ontario 4310 Queen St. PO Box 1023 Niagara Falls, ON L2E 6X5 Attn: Mr. Dean lorfida, City Clerk Dear Mr. lorfida: The Rotary Club of Niagara Falls Sunrise, Ribfest and BBQ committee respectfully ask The City of Niagara Falls to declare our 5th Annual Ribfest a Community Event to be held June 1 9, 20 and 21 at Optimist Park. Letters have been sent to the Fire Department, Health Department, and Police Department. There will be no change to our site plan from last year other than to add one more shelter and more tables. The Rotary Ribfest committee is looking forward to a successful event that provides fun and entertainment for all. Our event is to raise funds which do go back into the Community for such projects as Project Share, Nova House, GNGH Foundation, Heart Niagara, and School Breakfast Program to name a few. If more information is required, please do not hesitate to contact me at (905) 371 -9229, or email nancyt@vaxxine.com Since I Nancy Tkachuk On behalf of the Rotary Club of Niagara Falls Sunrise Ribfest Committee 2009 Rotary Club of Niagara Falls Sunrise Ribfest and BBQ c/o 7404 North Dorset Place Niagara Falls ON L2J 3T4 February 28, 2009 The City of Niagara Falls, Ontario 4310 Queen St. PO Box 1023 Niagara Falls, ON L2E 6X5 Attn: Mr. Dean lorfida, City Clerk RE: Noise By -Law, Schedule 4 Dear Mr. lorfida: The Rotary Club of Niagara Falls Sunrise, Ribfest and BBQ committee respectfully ask for an extension of the Noise By -Law to 11:00 pm for our Community Event being held at Optimist Park June 19, 20 and 21, 2009. Last year we implemented a site plan change for our event and it proved successful. The entertainment portion of our event will begin at 1:00 pm daily and will stop at 11:00 pm on the Friday and Saturday evenings and 7:00 pm on Sunday. The Rotary Ribfest committee is very concerned about being Good neighbours. Our event is to raise funds which go back into the Community for such projects as Project Share, Nova House, GNGH Foundation, Heart Niagara, and School Breakfast Program to name a few. We would be happy to come before Council to talk about our event and to answer any questions regarding our request for an extension to the Noise By -Law, Schedule 4. Sincere y Nancy Tkachuk On behalf of the Rotary Club of Niagara Falls Sunrise Ribfest Committee 2009 Rotary Club of Niagara Falls Sunrise c/o 7404 North Dorset Place Niagara Falls ON L2J 3T4 The City of Niagara Falls, Ontario Resolution No. 9 Moved by Councillor Seconded by Councillor O qt ^/y C OG 461ICV� [A AA b gAGARA FA P April 6, 2009 WHEREAS the Rotary Club of Niagara Falls Sunrise is planning their fifth annual "Ribfest" from June 19 21", 2009 at the Optimist Club; and WHEREAS the Rotary Club of Niagara Falls Sunrise financially supports numerous community organizations and projects; and WHEREAS this event is expected to attract between 40,000 to 75,000 persons from throughout Ontario and Western New York; and WHEREAS this event will assist the Rotary Club in reaching their financial objectives for giving funds to the community. THEREFORE BE IT RESOLVED that the Rotary Club of Niagara Falls Sunrise Ribfest is a community event deserving of City Council support. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean lorfida City Clerk Ext. 4271 RE: Waiver of Fees for Springilicious Niagar api ls TO: Mayor Ted Salci DATE: April 6, 2009 Members of Council The Springilicious request from Celebrate Old Downtown has come forward (see attached). The waivers requested are with associated costs in bold. 1. We respectfully request that Council waive the costs of these street closures. $1, 865.22 2. we are requesting the use of the hydro hook ups in the City Hall courtyard to power the stage Undetermined 3. We are going to be requesting a second stage from the Park Recreation Cultural Division that will be placed at the intersection of St Clair Avenue and Queen Street $500 4. Celebrate Old Downtown and the Springlicious committee would like to request that the City once again assign their midnight crew to help with the clean up after the event $1,941 5. request the use of the hydrant and a second location on comer of Queen Street and St Clair Avenue with the City installing a multiply line water hook up on each hydrant $224 6. During the event vendors and event goers will be occupying all parking spaces on queen Street and the organizers respectfully request that the City waive any costs for metered parking spaces for the duration of the event The estimated costs to he waived are $1,865.22. See item #1 Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development 7. Celebrate Old Downtown would like to also request all food vendor fees be waived since this is an event to promote the Downtown core and as a not for profit organization we will be using the raised monies for the revitalization of the street We charged a fee of $150 /vendor last year. 20 of the 28 vendors were from out of town. We would consider waiving the fee for any local vendor that already has a business licence. Based on last year's figures, the municipality could be forgoing $3,000 in revenues. The total estimated costs base don the above are approximately $7,750 In addition to the requests above, there are other possible fee waivers that may be requested if the event does not get Provincial funding: Main Stage $10,500 Fencing $6,000 Portable Washrooms $4,000 Regional Police $4,000 Security $4,500 The costs above account for $29,000 in additional costs. These waiver of fees have not been budgeted, per se. Council is reminded that it approved report CD- 2008 -14, Review of Events and Activities Downtown in 2008. In that report, staff recommending the following: it is staff's recommendation that the C.I.P. not be used to fund the events as C.I.P. monies are for beautification, facade improvements and residential and commercial loans and building grants. Council is also reminded that the Downtown B.I.A. allocated a substantial portion of funds for events in their 2009 budget Finally, as outlined in a memo from Transportation Services, the Valley way road closure is not possible. Staff will work with the organizers on these issues. RECOMMENDATION: For the consideration of Council. March 10 2009 His Worship Mayor Salcl and Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Members: 4481 Queen Street, Niagara Falls ON L2E 214 P: 905- 356 -5444 F: 905 -356 -5667 www.celebrateolddowntown.com Celebrate Old Downtown Community Corp. is a not profit organization created by the Downtown Board of Management to promote the downtown core through events, Celebrate Old Downtown is planning several small street events throughout the year and one major event for the spring of 2009. The major event for this year will be again Springlicious, as it was the most successful event of last year. We are requesting that the City of Niagara Falls declare this event on June 5 th 6th and 7 2009 as a Community Festival. We would like to request the relief of cost associated with the following: ERI s'09 0312 10 ::R^ Street Closing We are requesting permission to close Queen Street from Erie Avenue to the Valleyway split and all side streets leading onto Queen Street in these boundaries. We would like the closure to commence Thursday June 4th at 6 p.m. through MondayJune 8 at 12 p.m. thereby allowing enough time for set- up and teardown of the infrastructures for the event. We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Sue Wheeler Manager of Parking Operations and Transportations Services by April 17, 2009, so she may advise other city departments of closure etc. Stages As in the past, we would like to put the main stage in the courtyard in front of City Hall. The stage will be operating until 11:30 p.m. Friday June 5 Saturday June 6 and until 6:00 p.m. on Sunday June 7 provided that permission has been granted. To accommodate the main stage, we are requesting the use of the hydro hook -ups in the City Hall courtyard to power the stage, and request the noise by -law be extended from the 9:00 p.m. to 11:30 p.m. for the Friday and Saturday nights. This area will be licensed if approved by the Alcohol Gaming Commission of Ontario, with the proper fencing closing off the designated area, along with all bartenders having their Smart Serve Certificate. The event organizerJoe Bertoni will be applying for a liquor license once the City approval has been given to hold this event. This year we are not requesting any funds from the City for the main stage at Springlicious 2009. 1of3 4481 Queen Street, Niagara Falls ON L2E 2L4 P: 905 356 -5444 F: 905- 356 -5667 www.celebrateolddowntown.com We are going to be requesting a second stage from the Park, Recreation Cultural Division that will be placed at the intersection of St. Clair Avenue and Queen Street. This stage will be used only for the Children's entertainment. No alcohol will be served in this area and will only be operational from 11:00 a.m. to 5:00 p.m. on the Saturday and Sunday of the event. Cleaning Celebrate Old Downtown and the Springlicious committee would like to request that the City once again assign their midnight crew to help with the clean up after the event on the Friday, Saturday and Sunday nights. Water Hook -ups Last year we used the fire hydrant on the corner of Ontario Avenue and Queen Street to supply the food vendors with fresh running water to their booths. This year we would like to again, request the use of the hydrant, and a second location on corner of Queen Street and St. Clair Avenue with the City installing a muhiply line water hook -up on each hydrant. Washrooms There will be 26 portable washrooms on site, 8 of the units will be handicap /childcare accessible. There will be 16 in the city hall courtyard and the remaining 10 units will be spread out throughout the event venue. There will be a contractor with a pumping truck on site throughout the event to maintain the units. Parking Permits During the event, vendors and event goers will be occupying all parking spaces on Queen Street and the organizers respectfully request that the City waive any costs for metered parking spaces for the duration of the event. The estimated costs to be waived are $1865.22. Health Regulations There will be numerous food vendors at this event as it is a food festival. All food vendors will have had to have submitted a completed Niagara Regional Public Health form with their Vendor Application upon being approved to participate in our event. Insurance Celebrate Old Downtown will have their own event insurance in place, in the amount of 55,000,000. Food Vendor Licensing Fees Celebrate Old Downtown would like to also request all food vendor fees be waived since this is an event to promote the Downtown core and as a not for profit organization we will be using the raised monies for the revitalization of the street. We are bringing in mostly Niagara Falls based businesses to promote the event and we feel the vendor fee will only discourage businesses from coming out and being part of our event. 2 of 3 Don Weaver Chairman Celebrate Old Downtown 4481 Queen Street, Niagara Falls ON L2E 2L4 P: 905- 356 -5444 F: 905- 356 -5667 www.celebrateolddowntown.com Fire Safety The event coordinatorJoe Bertoni, will meet with the Fire Department to discuss any of their concerns about the event, such as cooking, laneways, electrical and water lines. Emergency Access A minimum of 20 feet in width shall be maintained between all tents, objects, booths, fencing, etc., so as to ensure that in the occurrence of an emergency, the roadway may be opened and emergency vehicles shall have access to the entire closure area. Security There will be a private security company on site; as well as, Niagara Regional Police presence. Just as a note: Volunteers can no longer be used for security purposes, as per the new by -law passed August 1", 2008. 3 af 3 (4/1/2009) Dean lorfida Fwd Further to Springhcious Request Page 1 jj From: Dean lorfida Subject: Fwd: Further to Springlicious Request Sue Wheeler 3/18/2009 3:57 PM Dean: Further to our costs as sent earlier, it will not be possible to close the road at the Valleyway Split. I don't know if it's essential to their plans, however, due to traffic flow concerns, the road may either be closed at the eat side of St. Lawrence or at Victoria. If it's closed at Victoria, it would necessitate closing Valleyway from Victoria to Queen, which might affect additional businesses, etc., on this portion of Valleyway. We will work with the group. Sue Reg O/T Hours Hours Rate O/T REG OVER Staff Per Hour Rate 1.5* TIME TIME Overhead Total Sign Tech $25.01 $37.52 $0.00 $225.09 $56.27 $281.36 Sign. Tech $25.01 $37.52 $0.00 $0.00 $0.00 $0.00 Sign Tech. $25.01 $37.52 $0.00 $225.09 $56.27 $281.36 Supervisor $36.53 $146.12 $36.53 $182.65 meter Tech $24.47 $36.71 $0.00 $0.00 $0.00 $0.00 meter Tech $24.47 $36.71 $0.00 $0.00 $0.00 $0.00 Veh. Rates Truck 24 Truck 65 Truck 74 Truck 194 Truck #198 Truck #199 Truck Total Totals 84 SPOTS Queen Street Erie to Buckley Friday 9:00 a.m. 5:00 p.m. 8 hrs x .75 /hr $6.00 /spot 84 x 6.00 $504.00 daily Special Event Road Closure Expense ESTIMATE 2009 SPRINGLICIOUS $20.27 $30.41 $0.00 $0.00 $0.00 $0.00 $146.12 $450.19 $149.07 $745.38 $745.38 $4.44 $0.00 $6.73 $40.38 $6.73 $0.00 $3.77 $0.00 $9.37 $56.22 $3.81 $15.24 $111.84 $111.84 'Total Labour and Materials 1 $857.221 Celebrate Downtown Accounts 11 -3- 823008- 010000 LABOUR 11 -3- 823008 010013 BENEFITS 11 -3- 823008 030000 MATERIALS 11 -3- 341118- 050001 Lost meter revenue* $596.31 $149.07 $111.84 $1,008.00 Grand Total $1,865.221 Monday full day meter use refund bal when road opened City will refund COD $63.00 per hour for meters $504.00 daily dependant upon re- opening times on Monday Labour total is based on 3 hours over time on Thursday and 3 hours over time on Monday The City will reimburse COD $45.66 for every hour over noon that the road is opened for Supervisors Fees The City will reimburse COD $31.26 for every hour of the three hour shift before 4:00 P.M. that the road is openec The City will reimburse COD $3.81 per hour for the Supervisors vehicle if not required. $1,258.54 Road cost if road closd at noon as requested 1(4/1/2009) Dean lorfida Re Fwd: Celebrate Old Downtown Request Page 11 From: John Morocco To: Dean Iorfida Date: 3/18/2009 10:45 AM Subject: Re: Fwd: Celebrate Old Downtown Request CC: Geoff Holman Hi Dean, Below you will find the clean up cost for this years Springilicious. I am having Uly provide the Hydrant connect disconnect costs and should have them to you soon. Please call me should you have any questions. Ext. 6511 Thanks, John Ed Rapanaro 3/17/2009 7:33 PM Hi John Here is the break down for Queen St. Springilicious. Please note: Litter removal Labour costs include (4) staff with overtime over the (3) nights. This years staffing level is based on actual labour requirements from last years event. Litter removal Labour Costs $1,520 Sweeper Op. Costs 144 Equip Costs sweepr and 2 pickups 277 TOTAL COSTS $1,941 Please contact me if you have any questions. Ed John Morocco 03/16/09 8:53 AM Ed Jamie, Please provide me with a cost ASAP for this year to do what we did last year for the Queen St. Springilicious. Thanks, John Dean Iorfida 3/13/2009 4:50 PM The Springilicious request has come forward (see attached). The waivers requested are below. Please provide costs associated with tasks under your division so I can provide Council with a gauge on costs for the April 6th meeting. 1. We respectfully request that Council waive the costs of these street closures 2. we are requesting the use of the hydro hook ups in the City Hall courtyard to power the stage 3. We are going to be requesting a second stage from the Park Recreation Cultural Division that will be placed at the intersection of St Clair Avenue and Queen Street 4. Celebrate Old Downtown and the Springlicious committee would like to request that the City once again assign their midnight crew to help with the clean up after the event 5. request the use of the hydrant and a second location on corner of Queen Street and St Clair Avenue with the City installing a multiply line water hook up on each hydrant 6. During the event vendors and event goers will be occupying all parking spaces on queen Street and the organizers respectfully (4!1/2009) Dean lorfida Fwd Re: Celebrate Old Downtown Request Page 1 j From: Subject: Dean lorfida Fwd: Re: Celebrate Old Downtown Request John Morocco 3/30/2009 11:25 AM Hi Dean, Below are the costs for the hydrant hook ups and disconnects. Staff and Equipment. $224.00 Thanks, John December 15, 2008 N lag argrays Councillor Victor Pietrangelo and Members of the Corporate Services Committee City of Niagara Falls, Ontario Events Working Together to Serve Our Community CD- 2008 -14 The recommendation(s) contained in this report were adopted in committee and ratified by City Council Members: Re: CD- 2008 -14 Review of Events and Activities Downtown in 2008 RECOMMENDATION: That Celebrate Old Downtown submit a master plan for events for 2009; and That the funding request by Dr. Lococo be received and filed; and That staff review CIP (Community Improvement Plan) application procedures. BACKGROUND: 2008 witnessed many positive changes on Queen Street. A number of events brought many visitors to Queen Street, building facades were noticeably refurbished and a number of new businesses opened or were slated to open in the coming months. This report will look at the results of these developments. A not for profit organization called Celebrate Old Downtown (COD) was formed to run a number of events over the summer months. Three major events, Springlicious, Dare Devil Days and Days of Elvis, were held. The former events were free to the public, while the latter being a ticketed event. In addition, several smaller events occurred including a Sportsfest Event, Tuesday night car shows and Arts and Festival Days, held on Saturdays in September and October. Also, Council is aware that an outdoor skating rink is currently under construction with the intent of drawing more people downtown during the winter months. The events received positive media attention, broug ht valuable exposure to the Downtown and generated a great deal of excitement that had not been experienced on Queen Street for several years. Although organizers did not have exact attendance counts, clearly the events brought new visitors and people down to Queen Street that had not been their in years. Longtime merchantstwere happy to see foot traffic that had long disappeared. rit anada G2E!6X5 1 905 356` 252.1 MSS December 16, 2008 2 CD- 2008 -14 Being that it was the inaugural year for these vents, it is not too surprising that COD ran a deficit. New events rarely make money in their first year and it is difficult to determine the return on the investment as a result of the events. COD was successful in securing $70,000 from the Trillium Foundation and an additional $25,000 from the Ministry of Tourism, coups for first year events. Nonetheless, as of a late October financial statement, COD had $37,000 in current liabilities and there were monies due to the Downtown B.I.A. ($94,000) and Historic Niagara ($25,000). The City turned out to be a major funder of the Downtown events. Starting with Springlicious, COD requested fee waivers for municipal costs and licences. Council approved the waivers and costs associated with the events were to be taken from the Downtown C.I.P. account. In light of Council's willingness to support the events, staff took a rather expansive view of the costs associated with the events. By the end of the event calendar, approximately $172,000 had been taken from the C.I.P. account. Although the CIP account came in handy for a source of funding for the events, staff does not feel that this practice should be continued for 2009. The C.I.P. monies are for beautification, facade improvements and residential and commercial loans and building grants. Monies taken for the events eliminate monies that could go into the programs originally intended through the C.I.P. In addition, at the July 7th meeting, Council approved up to $50,000 from the OPG tourism and promotion contingency fund be allocated for the promotion of downtown events. Monies also went to staff costs of COD. (There will be more comment on the OPG fund below). The $50,000 was fully spent; however, it should be noted that for every dollar provided by the City, more than two dollars in other revenue was invested. Staff recommended to the event organizers that it might be advisable to focus on one event and "get it right COD felt that it was necessary to have a calendar of events throughout the summer. From a staff perspective the events were difficult and time consuming. Although it could be expected that there would be hiccups with the inaugural event, Springlicious, the event planners were not any more organized by the final event of the summer. Staff was often waiting until the last minute for important details that would enable various approvals. Also, there was a regular turnover of COD staff that meant a lack of continuity or experience from event to event. COD has indicated that they will be scaling back the number of events in 2009 in order to concentrate on the successful Springlicious event in May. As indicated it is staff's recommendation that the C.I.P. not be used to fund the events for 2009. As a result, the Downtown B.I.A. has submitted a request for a permissive grant of $100,000 that has already been referred for budget deliberations. It would be appropriate that COD submits a formal plan and budget for their 2009 event calendar. Also, if Council was to grant the funding request, similar to other permissive grants it should be contingent on a staff member and /or Councillor being involved with COD to ensure the City's funds are being spent wisely. December 15, 2008 -3 CD- 2008 -14 OPG Funds Council's decision to provide $50,000 of the OPG funds to the downtown events resulted in a request for similar funding from Dr. Mike Lococo. As council may be aware, Dr. Lococo is the principle behind Silver Mist Productions, which has brought a number of theatre productions to the community over the last few years, Dr. Lococo argues that access to OPG funds from the City would allow him to market his productions to the United States and bring additional visitors to the community. By the time staff received Dr. Lococo's request, the $50,000 allocated to the downtown events had already been spent, therefore, there was no budgeted money to accommodate his request It was always staff s intention to bring forward his request in association with the downtown "wrap -up" report Although it is worthy to support the arts and new attractors, and Dr. Lococo's productions have been first -rate, the City is not in the habit of funding private businesses or individuals. The OPG monies allocated to the downtown went to the events that, arguably, indirectly benefitted the many downtown businesses. A separate report on this evening's agenda will deal with future allocation of the OPG funds. Sidewalk Cafes/ Sandwich Boards/ Signage During this past summer, the Downtown BIA requested the use of parking spaces along Queen Street in order for new cafes and restaurants to be able to provide seating outside. One such venue was the Mide Bistro Restaurant located across from City Hall. Due to the restaurant opening later in the year, there was no opportunity to apply for or construct an outdoor eating area. It is hoped that an outdoor cafe guideline application will be submitted early in the new year so that approval may be obtained and construction of necessary works will occur prior to the good weather next spring. It is expected that there will be other sidewalk cafe applications received next year. City Council approved the use of sandwich boards as a form of advertisements. Despite some initial confusion, Staff applied the regulations of the new Sign By -law as guidelines and has not experienced any problems with this protocol. As outlined in PD- 2008 -65, Request by the Downtown 8/A to Allow Activities on Queen Street, the Downtown was desirous of new signage at strategic locations, along with street banners, The banners were installed in time for Springlicious and have provided an improvement to the streetscape. Staff has worked with representatives of Historic Niagara to come up with new signage design and locations. The City has committed $20,000 toward this initiative through CIP and Parking Traffic budgets. Five (50 new signs will be erected around the perimeter of Downtown in the next few weeks directing people to what is being termed as the City's arts, culture and entertainment district. It should be noted that staff was very lenient during the summer months with Downtown signage that was contrary to our sign by -law. Only a large signed that caused a visibility issue, placed at the triangle at Christ Church, was removed. December 15, 2008 CD- 2006 -14 Building Permits/ Business Licences There has been a tendency on the part of the major property owner, Historic Niagara, to ignore requirements (see attached chart). Although the municipality has some leniency with regard to municipal requirements (business licences, sign permits) Provincial requirements under the Ontario Building Code and the Fire Code cannot be ignored. Staff appreciates that there was an eagerness on the part of the developer to make changes and improvements quickly, however, the minute the property owner received "Orders to Comply this should have been enough of a warning to send the Developer's contractor in to the Building Division to apply for the requisite permits. Work continued without permits. As a result, staff felt it had no choice but to lay charges in the case of three (3) properties. Failure to lay charges would have sent out the wrong signal and undermined the credibility of the building permit process. The charges are still before the courts. Although the Developer may have felt a sense of urgency, and the need to begin alterations immediately, their haste may actually mean more work in the long run. It was discovered that a few buildings failed to put in handicapped accessible washrooms and had material alterations made to their entrances. Such alterations to entrances have to be barrier -free. As a result, the developer may have to make expensive retrofits that could have been avoided had their contractors made proper applications. This is especially disappointing as accessibility is one of the tenets of the CIP grant process. There has also been a pervading erroneous message conveyed to the tenants that they did not require permits or licences of any kind (see attached e- mails). This has created unnecessary confusion. A number of Commercial Building Grants have been approved for Queen Street proper in the last year. Ideally these grants should have been approved prior to construction beginning. Although there is no requirement that work cannot precede a CIP application, however, by doing so, a developer may not fully realize the grant potential for the property. Ideally, property owners should be applying for building permits as soon as their applications have been approved. Staff will be reviewing our process. Staff is somewhat hopeful that compliance issues will improve going forward. The Developer has recently brought in associates that are more familiar with the Building application process. Also, staff has been accommodating by setting up weekly meetings regarding renovations to the old Seneca Building, although the most recent meetings have been cancelled by Historic Niagara. CONCLUSION: The Downtown has undergone a dramatic transformation over the past year with thirteen new art galleries and four (4) new, or proposed, restaurants. There are more exciting developments planned with the reopening of the Seneca Theatre for entertainment, the development of the Buttery Restaurant and the Taps Micro Brewery and Restaurant in the spring. The events did bring needed exposure and foot traffic to Queen Street but they need to be better organized going forward. December 15, 2008 Recommended by: Approved by: D. Iodide/ 8.Bolibruck 5 CD- 2008 -14 The major developer has put a lot of resources into building improvements but has shown some disregard for process. It should be noted that following the permit process does not necessarily mean delay. Building and Fire requirements ensure safety for the future occupants. Also, applying for requisite permits avoid possible retrofits, after the fact. Ken Burden, Executive Director of Corporate Services V:12008COUNCIL1081215 \CD- 2008 -14, Review of Events and Activities Meld Downtown in 2006.wpd NIAGARA FALLS DOWNTOWN BOARD OF MANAGEMENT THE BIA 2009 BUDGET Approved by the membership February 17, 2009 Advertising Staff Wages Beautification Summer Events Office Supplies Professional Fees Insurance Building City Clawback Property Improvement Rebate 2008 Carryover Media, Radio, Web General Manager Events Manager Administrator Lights, Christmas, Flowers, Banners Springlicious ($15,000.00) Operating Costs ($400 —111 properties) TOTAL $70,000.00 60,000.00 40,000.00 30,000.00 50, 000.00 100,000.00 10,600.00 20,000.00 5,000.00 20,000.00 20,000.00 44,400.00 30,000.00 $5 0 0, 00 0 .00 Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 Niagaraf1alls C 1\i 1)A DATE: April 6, 2009 RE: MIDE Bistro Request Council will recall that at the last meeting it considered a Sidewalk Cafe licence for MIDE Bistro. The restaurant operators have no issue with paying the requisite fee associated with the sidewalk cafe: $460. They do not wish to pay for the cost of the City's potential lost revenue of $1752.00. Staff proposes that an option would be for the lost revenue to come from the Downtown BIA. As Council will recall, the Chair of the BIA justified the increase in the levy for initiatives like sidewalk cafes. The Chair has indicated to staff that he does not wish the $1752.00 to come from the BIA coffers. RECOMMENDATION: That Council deny the request or, in the alternative, the BIA be requested to fund the loss of parking revenue to the City. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Mide Bistro 4337 Queen St., Niagara Falls, ON L2E 2K9 To Whom It May Concern, As per PD- 2009- 26 -SWC- 2009 -001 Side walk Cafe License agreement, Mide Bistro, 4337 Queen St. approval in the consent agenda of March 23, 2009 Niagara Falls City Council meeting. We Kassandra Murray and Joseph Hughes of Mide Bistro ask to stand before council at the next Niagara Falls City Council meeting of April 6th, 2009 to appeal the cost of $1,752.00 for two parking spaces used for Sidewalk Cafe. Thank you, Ka Sandra urray gin:- RI E 0' i 31.0 tiri a009 City of Niagara Falls Transportation Services Inter Department Memorandum qu,FPLLSG T:3'0 1040 TO: Dean Iorfida DATE: March 31, 2009 Director of Council Services City Clerk FROM: Sue Wheeler Manager of Parking Operations RE: Mide Bistro Request to Reduce Fees for Parking Space Occupancy April 1 October 31, 2009 Sidewalk Cafe Dean: Further to a meeting with Bob Bolibruck, Karl Dren, myself and the owners of the Mide Bistro, it is our understanding that they wish to approach Council regarding the reduction of fees costed out by the City to occupy two meter spaces on Queen Street. The current policy to determine costs for the occupation of meter spaces is calculated in the following manner: The daily meter operating hours per City by -law, multiplied by the hourly meter rate, multiplied by the number of spaces requested, multiplied by the number of days requested, equals the amount to be paid. This fee methodology represents the fact that the parking meter space is occupied for the full duration of the pay parking operating hours and, is based on full cost recovery. We do not charge for the time beyond the normal operating hours of the meter. Transportation Services receives many similar requests throughout any given year and they are charged accordingly. In addition, this methodology is also applied to vehicles placed or occupying sidewalks for tourism display purposes(ie. Criminals Hall of Fame antique car). Metered parking is in place to ensure customer turn over for local businesses. Any revenue generated from this use is utilized to maintain existing parking, improve and plan for new public parking and to provide revenue to the tax base. In conclusion, the current fee structure has been in place for many years and is applied consistently through all areas of the City. Therefore, applying an exception here would open the door to those who wish to challenge these fees in the future. The revenues generated from these parking spaces have been accounted for in the 2009 General Purposes budget. cc. Karl Dren Bob Bolibruck Working Together to Serve Our Community Parking Control Parking Operations Traffic Operations Transit Services Transportation Planning (4/172009) Dean lorflda Re Mide Bistro Page 1 1 Just to reiterate our discussion, I think there is a relatively simple solution to this situation, which would also alleviate going to Council. I think the Bistro owners should pay for the normal sidewalk cafe fee, which I understand they are amenable to. I think the BIA should pay for the cost of the loss revenue and movement of the equipment. Firstly, although MIDE will directly benefit, an argument can be made that these proposed streetside patios are for the greater good of Queen Street and, therefore, appropriate to come out of the BIA coffers. Mordechai "sold" the substantial BIA budget increase on these type of initiatives. Can you see if this would be agreeable to the BIA? Thanks Dean Karl Dren 3/26/2009 11:46 AM Hi Dean, The cost relocation of the machine is based on estimated actual costs from last year's contract for pour new concrete bases, we will only charge what it costs us, we are anticipating less, therefore we porvided a conservative estimate and I agree with you about the fee. K From: Dean Iorfida To: Bob Bolibruck Date: 3/27/2009 2:51 PM Subject: Re: Mide Bistro CC: Alex Herlovitch; Carey Campbell; Ed Dujlovic; Karl Dren; Ken Burden;... Bob: Dean Iorfda 3/26/2009 9:06 AM The movement of the pay and display machine seems excessive but the rest of the fee seems reasonable (loss of revenue the normal sidewalk cafe fee mechanism). I do see in the report that the applicant felt that the fee was "excessive"; however, I think in retrospect the report should not have gone if you knew that the applicant was going to turn around and request the waiver of the fee. It makes no sense to set up a fee rationale, if all of the applicants are going to ask for a waiver. Seems pretty pointless. As for waiting to speak to Council on Monday, did he advise you Bob, he wanted to speak? Because other than the Planning public meetings, I have to know if someone wants to speak. I can't read their minds. I'll await Joseph's letter. Dean Bob Bolibruck 3/25/2009 5:28 PM Dean I guess he feels it is unfair to pay more than what the City receives from the 2 parking spots and I cant say as I blame him. He has no problem paying the rate next year when there will be more people Downtown. Joseph sat through the entire Council on Monday thinking he would have an opportunity to speak. Bob (4/1/2009) Dean IC Fee for Use of Parking Spaces Page 11 From: Bob Bolibruck To: Dean Iorfida Date: 3/27/2009 2:53 PM Subject: Fee for Use of Parking Spaces Dean Mordecai is opposed to the use of BIA Funds for this purpose in spite of what has been done elsewhere. He felt confident that Council would waive the fee. As for the rink, he is thinking of borrowing the synthetic one from Upper Canada Village. Believe it or not. Bob March 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -26 SWC- 2009 -001, Sidewalk Cafe Licence Agreement Mide Bistro, 4337 Queen Street RECOMMENDATION: BACKGROUND: Niagarafalls CANADA Working Together to Serve Our Community PD- 2009 -26 The recommendation(s) contained in this report were adopted by City Council That the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement with Joseph Hughes to permit the operation of a sidewalk cafe over a portion of the City sidewalk and two parking spaces in front of Mide Bistro, located at 4337 Queen Street. Joseph Hughes has filed an application to use the City property in front of Mide Bistro, located at 4337 Queen Street, to operate a sidewalk cafe, as shown on Schedule 1. The application has been reviewed by staff and is recommended for approval. The sidewalk cafe is proposed to be located over the existing sidewalk and over two of the four parking spaces in front of the restaurant. The two parking spaces will be occupied with wooden platforms which will be used as the pedestrian walkway around the cafe. The construction and installation of the platform is the responsibility of the applicant. The design of the platforms is to be in compliance with the City Guidelines that were included as part of Report PD- 2008 -65 which was approved by Council on July 7, 2008. The platforms can be in place from April 1' to October 31 This is the first application that the City has received involving the use of wooden platforms on parking spaces. Staff will monitor the use of the platforms and report the results to Council following the end of the season. The removal of the two metered parking spaces will result in a potential loss in revenue of $1,752.00. It is City Policy that the applicant be responsible for this revenue loss. In addition, it will cost approximately $1,000.00 to relocate the parking meter machine. This cost is also the responsibility of the applicant. The applicant has expressed a concern that the payment for the potential revenue loss of the two parking spaces is excessive. 4310QueenStreet PO_Box7023 Niagara Falls ON »Canada L2E6x5'9053567521 wvokniagarafails.ca Community Services Department Planning Development March 23, 2009 _2 PD-2009-26 The outdoor area proposed to be licensed is approximately 18.4 square metres (198 square feet). The licence fee for 2009 is $460.00. The term of the proposed licence is five years. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2 million. The above noted requirements will be included in the licence agreement between the applicant and the City. There are currently two approved cafe licences along Queen Street. Along with Mide Bistro, the City can expect to receive another three or four sidewalk cafe applications in the coming weeks. The transformation of Downtown is continuing with new shops and restaurants. With the addition of outdoor cafes along Queen Street, there is the expectation of the Downtown becoming a more vibrant people place. CONCLUSION: The sidewalk cafe licence for the Mide Bistro will provide people with an opportunity to eat and drink in a pleasant outdoor environment. 11 is recommended that the application for a cafe licence for Mide Bistro be approved. Recommended by: Approved by: B. Bolibruck Attach. SAPDR \PD- 2009- 26 #2,S WC- 2009-001.wpd J Alex Herlovitch, Director of Planning Development Ed Dujlovic, Ex`ecuirector of Community Services Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Jet Fighter for Canada Day RECOMMENDATION: For the approval of Council. Niagarafdalls lese un DATE: April 6, 2009 The last two years, Council gave approval for a Canadian fighter plane to be flown over the Canada Day celebrations. Once again, Parks Recreation staffhave had contact with Canadian Forces Recruiting about such a fly over. Because Niagara Falls is restricted air space, the Canadian Forces will inform Transport Canada of the fly over. The fly over may create noise offensive to some residents, however, the discomfort should only last approximately six minutes; therefore, the small inconvenience should be tolerated in light of the special event. Upon approval by Council, as protocol dictates, a letter from the Mayor will be sent to Canadian Forces Recruiting enabling the Jet Fighter for Canada Day. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development (41112009) Dean lortida Canada Day Celebration Letter from Council required for Canadian Forces aircraft From: Lori Albanese To: Dean Iorfida Date: 3/25/2009 1:30 PM Subject: Canada Day Celebration Letter from Council required for Canadian Forces aircraft Hi Dean, I have been in contact with Sergeant Durrant of the Canadian Forces to request a CF -18 Canadian Fighter aircraft fly past for the City's Canada Day Celebration. Sergeant Durrant emailed that he requires a letter from Council. Please see his email below. Please let me know what you need from me regarding this fly past. (ie. a Memorandum requesting Council's authorization and letter Thanks, Lori Lori -Lyn Albanese Community Development Coordinator Parks, Recreation Culture City of Niagara Falls 7150 Montrose Rd., Unit 1 Niagara Falls, ON L2H 3N3 Phone: 905- 356 -7521 ext. 3332 Fax: 905- 356 -7404 <WILLIAM.DURRANT @forces.gc.ca> 3/25/2009 12:32 PM Hi Lori, We are going to try and make this happen. I require, as soon as possible, a letter from Mayor Salci requesting the flypast. It must include the fol paragraph.... "Authorization to overfly the airspace of Niagara Falls at a height of not less than 500ft above the highest obstacle within 2000m of Optimist park located at 43.10495N 79.11598E, granted" Dean Iorfida is familiar with this request, and I understand it has to go to council, but the sooner, the better. The letter should be addressed to: Lieutenant Commander Peter Antonew Commanding Officer Canadian Forces Recruiting Centre Hamilton 55 Bay Street North 2nd Floor Hamilton, ON L8R 3P7 BUT Mailed to ME at the same address...please. If there are any questions or concerns, they may be directed to me 1 -800- 856 -8488 ext 2431, anytime. Thanks Lori! -Bill William Durrant Sergeant I Sergent Page 1 J;i Niagara child and youth sere Monday, March 9, 2009 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida, It is estimated that one in five children and youth will struggle with their mental health. Niagara Child and Youth Services (NCYS) is the primary provider of children's mental health services for the Niagara Region. Each year, Ontarians mark the first full week of May as Children's Mental Health Week. We respectfully request your help in proclaiming May 2 to 9 Children's Mental Health Week in the city of Niagara Falls. The following are key points that could be included in the proclamation: One in five children and youth live with a diagnosable mental health problem NCYS is the primary provider of mental health services for children and youth for the Niagara Region Last year, more than 4,000 children, youth and their families were helped by NCYS NCYS helps children and youth with bipolar disorder, depression, suicidal thoughts, bullying, eating disorders, aggression, anxiety and so on The services of NCYS include individual and family counselling, crisis services, intensive in -home support, day- treatment classrooms and residential services Mental illness interferes with the way children and youth think, feel and behave and limits their present lives and their future potential Early prevention, intervention and treatment can reduce the demand on child welfare and youth justice systems, reduce bullying, substance abuse, homelessness and suicide Education and awareness are important tools in lifting the stigma surrounding mental health issues. Thank you for your assistance. Sincerely, Carrie Zeffiro Manager of Advancement HIP; FNLLSC:IFF'KS ,.1 031 Head Office 3340 Schmon Parkway Thorold, ON L2V 4Y6 t. 905.688.6850 toll free 1.800.563.0122 f. 905.688.9951 www.ncys.ca Mayor Ted Salci 4310 Queen St., P.O Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Ted Salci, As you may know, National Volunteer Week is fast approaching way to recognize volunteers than to celebrate the thousands of community coaches in the nce. April 18 through to the 26th has been designated as Ontario Coaches Week an initiative launched by the Coaches Association of Ontario in 2006 with the support of both the Province of Ontario and the Federal Government. The goal of the week is to help bring quality sport programs to thousands of children by inspiring more Ontarians to take up coaching as their volunteer activity. Good coaches can positively influence a child's self- confidence and attitude toward sport and fitness and health as a lifelong pursuit. During Ontario Coaches Week, over 1,000 men and women will be attending FREE clinics and workshops across Ontario to develop their skills and learn more about coaching young people and becoming a better coach. This program was designed to recruit all young and old into coaching grandmothers and grandfathers, young people, teachers, and more women. Coaching workshops will be held in over 30 different communities from Kincardine to Cornwall, Port Colborne to Petrolia. As we celebrate Ontario Coaches Week, we ask every community to join us in celebrating all of Ontario's MANY coaches who dedicate hours to help build teams, develop sport skills, and make us proud as we celebrate athletic accomplishments. There are a number of ways for your community to get involved: PROCLAIM, DECLARE, or DESIGNATE "Coaches Week" in your town or community, in your clubs, and schools Write an article recognizing the hours and dedication of a role model coach. Call the local newspaper or radio station and get it published. Let local media know coaches have their own week in Ontario. Nominate a coach for an award by contacting a Provincial Sport Organization and find out about their award process. Submit a nomination for Ontario's Coach -of- the Month. Create your own community coach recognition award. Buy your coach breakfast during Ontario Coaches Week or just say "Thanks Coach!" I hope your community will join us in our efforts. For more information about Ontario Coaches Week or the Coaches Association of Ontario, please visit us online at www.coachesontario.ca or phone us directly at (416) 426 -7086, toll free 1- 888 NCCP -ONT. Yours in Coaching, Solt Sheilagh Croxon, Chair, Coaches Association of Ontario Canada Coaches Association of Ontario 3 Concorde Gate, Suite 108, Toronto ON M3C3N7 NTARI0 ACHES EEK rl'- tr'Ontario Office of the Mayor Inter Department Memorandum NIA,, ER TO: Dean Iorfida FROM: Kristine Elia Ext. 4205 RE: Council Information Hello Dean: Would you please have the attached information from Coaches Association of Ontario regarding Ontario Coaches Week distributed to the council. Thanks, Kristine DATE: March 17, 2009 2009 -03 -05 17:12 CMHA Niagara 15We1 CANADIAN MENTAL HEALTH ASSOCIATION a ASSOCIATION CANADIENNE POUR LA SANTE MENTALE March 5, 2009 City Counsel of Niagara Falls 4310 Queen St. Niagara Falls, ON, L2E 6X5 905 641 8821 9053569083 P 2/2 Attention City Counsel Members Canadian Mental Health Niagara Branch would like to inform you that Mental Health Week is being celebrated nationally from May 4 —10, 2009 We are requesting your endorsement by raising The CMHA flag during Mental Health Week. We thank you for your consideration to honour this celebration. Yours truly R Karen Robson Public Education Co- coordinator Canadian Mental Health, Niagara Branch 15 Wellington St. St. Catharines, ON L2R 5P7 905 -641 -5222 Ext. 228 Niagara Branch: 15 Wellington Street, St. Catharines, Ontario 12R 51>7 Tel.: 905 -641 -5222 Fax: 905- 684 -8314 info@cmlianiagara.ea www.cmhaniagara.ea Charitable Registration No. 130532955 RR0001 Our Vision: An inclusive community dedicated to the rights and menial health of all people. Q Ontario April 6, 2009 F- 2009 -15 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: IN lag araf ails Re: F- 2009 -15 Annual Statement of Remuneration and Expenses RECOMMENDATION: For the information of the Municipal Council. BACKGROUND: The attached statement of remuneration and expenses for the year ending December 31, 2008 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By -law #99 -22, By -law #2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. As per Council request, a chart showing the remuneration and expenses paid to Council members serving on the Niagara Falls Hydro Inc. Board of Directors has been attached, but is not included in the overall summary. A summary for 2007 is provided below: Ken Burden, Executive Director of Corporate Services .s- aag��7�'*a y n Streett ls PO Box 1023 N agaralFal ON'Canada'12Ef6X5 ;905- 356 7521 www.ni ca; Recommended by: Approved by: Todd Harrison, Direc of Finance Remuneration Expenses Total City Council $246,625.23 $45,549.88 $292,175.11 Committee of Adjustment 4,890.00 $2,045.35 $6,935.35 Niagara Falls Hydro Holding Corporation Board $38,400.00 $3,250.00 $41,650.00 Committees Commissions $0.00 $1,854.22 $1,854.22 April 6, 2009 F- 2009 -15 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: IN lag araf ails Re: F- 2009 -15 Annual Statement of Remuneration and Expenses RECOMMENDATION: For the information of the Municipal Council. BACKGROUND: The attached statement of remuneration and expenses for the year ending December 31, 2008 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By -law #99 -22, By -law #2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. As per Council request, a chart showing the remuneration and expenses paid to Council members serving on the Niagara Falls Hydro Inc. Board of Directors has been attached, but is not included in the overall summary. A summary for 2007 is provided below: Ken Burden, Executive Director of Corporate Services .s- aag��7�'*a y n Streett ls PO Box 1023 N agaralFal ON'Canada'12Ef6X5 ;905- 356 7521 www.ni ca; Recommended by: Approved by: Todd Harrison, Direc of Finance Council Member Remuneration Travel Other Expenses* Expense Allowance Total Diodati, J. 20,311.08 480.57 5,003.77 325.00 26,360.42 Fisher, S. 20,311.08 0.00 902.40 40.00 21,253.48 loannoni, C. 20,311.08 634.02 6,458.12 267.90 27,671.12 Kerrio, V. 20,311.08 0.00 0.00 0.00 20,311.08 Mayes, B. 20,311.08 480.57 2,958.63 75.00 23,825.28 Pietrangelo, V. 20,311.08 480.57 3,445.09 195.00 24,431.74 Salci, T. 84,136.59 15,229.12 5,413.08 361.34 105,140.13 Thomson, W. 20,311.08 0.00 2,055.27 0.00 22,366.35 Wing, J. 20,311.08 0.00 669.43 75.00 21,055.51 TOTAL $246,625.23 $17,304.85 $26,905.79 $1,339.24 $292,415.11 April 6, 2009 2008 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL F- 2009 -15 includes Internet cell phone expense Member Remuneration Expenses Total Diodati, J. $4,800.00 $264.29 $4,800.00 Fisher, S. 4,800.00 0.00 4,800.00 loannoni, C. 4,800.00 1,750.00 6,550.00 Kerrio, V. 4,800.00 0.00 4,800.00 Mayes, B. 4,800.00 351.29 4,800.00 Pietrangelo, V. 4,800.00 814.53 4,800.00 Salci, T. 0.00 $2,045.35 0.00 Thomson, W. 4,800.00 1,500.00 6,300.00 Wing, J. $4,800.00 4,800.00 TOTAL $38,400.00 $3,250.00 $41,650.00 Member Remuneration Expenses Total Antonio, C. $960.00 $264.29 $1,224.29 Cahill, M. 960.00 0.00 960.00 Collinson, J. 1050.00 615.24 1665.24 Pietrangelo, V. 0.00 0.00 0.00 Prata, G. 960.00 351.29 1,311.29 Stranges, L. 960.00 814.53 1,774.53 TOTAL $4,890.00 $2,045.35 $6,935.35 April 6, 2009 3 2008 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT F- 2009.15 NIAGARA FALLS HYDRO HOLDING CORPORATION BOARD (Only Members of City Council are listed) Member Remuneration Expenses Total DeGiuli, A. 0.00 $205.00 $205.00 Mascarin, P. 0.00 205.00 205.00 TOTAL $0.00 $410.00 $410.00 Member Remuneration Expenses Total Akalu, K. 0.00 $696.93 $696.93 TOTAL $0.00 $696.93 $696.93 Member Remuneration Expenses Total Mingle, M. 0.00 $747.29 $747.29 April 6, 2009 PARK IN THE CITY MUNICIPAL HERITAGE COMMITTEE ARTS CULTURE 4 COMMITTEES/ COMMISSIONS (only members who received remuneration expenses are listed) F- 2009 -15 Outstanding Taxes January 31, 2009 18,377,347 Taxes Billed and Due February 28, 2009 38,223,307 Penalty charged in February 245,573 Taxes Collected during February 34,792,196 Outstanding Taxes February 28, 2009 22,054,031 Taxes Billed Due April 30, 2009 38,223,307 Total Taxes to be Collected $60,277,338 April 6, 2009 F- 2009 -16 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -16 Tax Receivables Monthly Report RECOMMENDATION: For the information of Council. BACKGROUND: Ni garafans This report is being provided as part of the monthly financial reporting to Council by staff. During February 2009,the interim taxes were levied and the first tax installment for 2009 was due. The financial data at February 28, 2009 reflects these transactions as well as staff's ongoing tax collection efforts. The chart below summarizes the monthly activity. G w a een,Street,PO Box 1023 N gala Falls ON Canada1L2E 6X5 '905 wwwniagarafalls:ce- Working Together to Serve Our Community Corporate Services Department Finance April 6, 2009 2 Tax Receivables by Property Class at Feb 28, 2009 This chart shows that 78% of the tax accounts have made arrangements. F- 2009 -16 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. As this chart identifies, the two largest property classes, commercial (51.7 and residential (42.2 are the largest contributors to the amounts owed as at February 28, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after two months of activity. Taxes Owing of Property Class Receivables Residential $25,428,297 42.18% Multi- Residential 1,646,423 2.73% Commercial 31,152,851 51.69% Industrial 1,986,939 3.29% Farmlands 62,828 0.11% Total Receivables $60,277,338 100.00% April 6, 2009 2 Tax Receivables by Property Class at Feb 28, 2009 This chart shows that 78% of the tax accounts have made arrangements. F- 2009 -16 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. As this chart identifies, the two largest property classes, commercial (51.7 and residential (42.2 are the largest contributors to the amounts owed as at February 28, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after two months of activity. Properties Subject to Registration Initial Amount 364 Payment arrangements 285 78.3% Ongoing Collection Action 79 21.7% Sent for Registration 0 0 364 100% April 6, 2009 2 Tax Receivables by Property Class at Feb 28, 2009 This chart shows that 78% of the tax accounts have made arrangements. F- 2009 -16 Council has requested additional information relating to the properties class which contribute to the outstanding balances. The chart below provides the breakdown of these amounts by property class. As this chart identifies, the two largest property classes, commercial (51.7 and residential (42.2 are the largest contributors to the amounts owed as at February 28, 2009. While monitoring the collection trends are useful to attain a broad understanding, Finance staff take specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2009, 364 properties were subject to registration. The chart below summarizes the progress of these actions after two months of activity. Scheduled Sales Tax Date Number of Properties Taxes Outstanding Amount May 2009 0 $0 November 2009 24 $637,456 May 2010 22 $307,643 Totals 46 $945,099 April 6, 2009 Approved by: AF:Iw 3 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. The chart below shows the number of registered properties by scheduled tax sales date. The char also identifies the associated taxes owing on these properties as at February 28, 2009. Recommended by: F- 2009 -16 Todd Harrison, Direc or of Finance Ken Burden, Executive Director of Corporate Services April 6, 2009 MW- 2009 -16 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -16 Contract 2009 -17 Sewer Lateral Lining Program BACKGROUND: Ni garaj3alls C k N A D A RECOMMENDATION: 1. That the unit prices submitted by PipeFlo Contracting Corp. be accepted. 2. That Council pre approves the proposed expenditure in advance of the adoption of the 2009 Utility Budget due to timing considerations. 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. The Tender Opening Committee, in the presence of the City Clerk, opened tenders on Tuesday, March 17, 2009 at 1:30 p.m. for the above noted contract. Tender documents were picked up by five (5) Contractors and two (2) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractor. 1. PipeFlo Contracting Corp. Hamilton $172,465.00 2. 284612 Ontario Limited Port Robinson $177,840.00 The lowest tender was received from PipeFlo Contracting Corp. in the amount of $172,465.00. This contractor has previously performed similar type projects for the City. Staff is of the opinion that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was $160,000.00. 4310 eenSeetP O Box 7023Niagara Falls S ON •CanadakL2E!6X5 905 -356 7521 :wwwmagarafalls cay Working Together to Serve Our Community Community Services Department Municipal Works April 6, 2009 The 2009 program will correct 19 chronic sewer laterals that require regular cleaning by City forces. Thirteen of these properties have had basement flooding. Therefore, in conjunction with this contract, sump pumps and or backwater valves will be installed at these properties to prevent future basement flooding and wet weather extraneous flows entering the sanitary sewer. The funding for this contract is proposed to come from two sources listed in the draft 2009 Utility Budget. Lateral Relining Program (16 -3- 411000 040000) $120,000 plus GST Weeping Tile Program (16 -3- 413000 040000) 52,500 plus GST $172,500 plus GST Staff is asking for Council's consideration in advance of the approval of the Utility Budget so that these chronic sewer lateral problems can be eliminated. This project is scheduled to commence construction April 27, 2009 and all work is to be completed by July 10, 2009. Recommended by: Respectfully submitted: 2 MW- 2009 -16 Geoff Holman, Dir r of Municipal Works tb Ed Dujlovic, Exe utive Director of Community Services U. Dupuis V;\2009COUNCIL \2009 04 061MW- 2009 -16 Contract 2009 -17 Sewer Lateral Lining Program.wpd April 6, 2009 MW- 2009 -17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Project Costs: Funding: NiagaraJ7alIs Re: MW- 2009 -17 Consulting Services for Bridge and Culvert Inspections 1. That the City enter into a consulting services agreement with Ellis Engineering Incorporated for inspection of bridges and culverts for an upset limit of $28,000 excluding GST 2. That the Mayor and City Clerk be authorized to execute the necessary consulting services agreement. Regulation 104/97 under The Public Transportation and Highway Improvement Act states that the integrity, safety and condition of every bridge and culvert with a span of 3.0 metres or greater shall be determined through the performance of at least one inspection in every second calendar year. The inspections that will be carried out will satisfy the regulations under the Highway Improvement Act and as well provide the City with the necessary information to plan for future bridge and major culvert work. A total of 123 bridges and culverts will be inspected. As per the City's Consultant Selection Policy, direct appointment for consultants up to $60,000, Ellis Engineering Incorporated has been selected to complete this work. Ellis Engineering has carried out the previous bridge inspections for the City of Niagara Falls. Consulting Services Agreement (excluding GST) $28,000.00 Infrastructure Services Contracted services Acct. 16 -344.11000- 040000 tat $28,000.00 310 QueeniSireetP0.1Boxt1023, !aqua Falls QN;'#Canada L2E6x5 905- 3567521iiwwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works April 6, 2009 2 MW- 2009 -17 The funding for the bridge and culvert inspections was provided in the 2009 General Purpose Budget. Staff is asking for Council's consideration in advance of the approval of the General Purpose Budget so that we can commence the inspections prior to tree foliage and plant growth to allow for a proper inspection of the substructure. Inspections will commence early May 2009 with all work completed by November 13, 2009. Recommended by: Respectfully submitted: B. Darrell V:\2009COUNCIL12009 04 061MW- 2009 -17 Bridges and Culvert Inspection.wpd Geoff Holman, Dixe Ed Dujlovic, Executive Director of Community Services April 6, 2009 MW- 2009 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraaraIls ce \TjS0A Re: MW- 2009 -19 Water Conservation Rain Barrel Sale RECOMMENDATION: That Council pre approve the expenditure for the rain barrels, as proposed in the 2009 Water Conservation program. BACKGROUND: A number of requests have been received inquiring whether the City would be having a rain barrel sale in 2009. As part of a continuing water conservation strategy in promoting the effective use of water for the gardening season, a Rain Barrel Sale to City residents is proposed for this year. The Park in the City Committee has endorsed the Rain Barrel Sale and will volunteer and assist in the promotion and distribution of rain barrels, with Municipal Works administering the program. The rain barrels will be pre sold to City residents only, with pickup on Saturday, April 25, 2009 from 8:30 a.m. to 12:30 p.m. The rain barrel sale will be advertised in the Niagara Falls Review and Niagara this Week (see attachment). The rain barrels will be purchased at $45.00 each plus shipping and taxes and sold for $25.00. The number of rain barrels purchased will be dependent upon the response received from the City residents. However; staff has received approximately 334 requests to date. 'Y� =B6)19023 t iagaralFalls ON,Canadd 2EP(5 356, 7521'.wwwmagarafallsca'_ Working Together to Serve Our Community Community Services Department Municipal Works April 6, 2009 2 MW- 2009 -19 The $20.00 subsidy will be funded from the Water Conservation Program account (15 -3- 433000- 030000) included in the draft 2009 Utility Budget. The estimated total costs are as follows: 312 Rail barrels (one truck load) Less: proceeds from sales at $25.00 Total 7,863.20 plus GST This cost represents about 20% of the Water Conservation program budget of $40,000. Given the demand and the timing, staff is requesting approval to proceed in advance of the adoption of the 2009 Utility Budget. Recommended by: Respectfully submitted: B. Darrell S:IREPORTS520091MW- 2009 -19 Water Conservation Rain Barrel Sale.wpd $15, 663.20 (7 800.00) Geoff Holma Direct of Municipal Works Ed Dujlovic, Exe&uiive Director of Community Services Residential N iagaraj7alls Rain Barrels will be sold for $25.00 each (suggested retail $95.00) 200 litre capacity, dark green plastic child safe bug screen and hose clip overflow valve and tube interconnecting fits in compact car Rain Barrel Sale The City of Niagara Falls is having a rain barrel sale for City residents. (proof of residency required) If you are interested in purchasing a rain barrel please call to reserve one with Marianne Tikky at 905- 356 -7521 ext. 4222 by April 6, 2009. April 6, 2009 PD- 2009 -27 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -27 Matters Arising from Municipal Heritage Committee Status of Jolley Cut RECOMMENDATION: That Council consider the Municipal Heritage Committee's recommendation that the Jolley Cut pathway be designated as a Cultural Heritage Landscape due to its historical significance to the City, and the designation should cover the entire length of the pathway. 2. That Council forward the following comments to the architect who is completing the landscape plan for the Jolley Cut: BACKGROUND: that the walkway follow its existing path and remain true to the natural contour of the moraine; the walkway width should be maintained at its current width; that native species should be used; a tree protection plan should be completed; and that the Municipal Heritage Committee be consulted in the design stage. At its meeting of February 25, 2009, the Municipal Heritage Committee reviewed report MW- 2009 -04 (Appendix 1) regarding improvements to the Jolley Cut. The Committee reconsidered its December 2002 motion to designate the Jolley Cut under Part IV of the Ontario Heritage Act. Municipal Heritage Committee Motion Niagar j That Council consider the Municipal Heritage Committee's recommendation that the Jolley Cut pathway be designated as a Cultural Heritage Landscape due to its historical significance to the City, and the designation should cover the entire length of the pathway." 310Queen;Street Niagara;Falls50N;Canada L2E wwwniagarafallscac Working Together to Serve Our Community Community Services Department Planning Development Criteria Assessment Style/ Visual appeal Only totally pedestrian route to Queen Victoria Park and its naturalized appearance Association /Pattern Association with the City of the Falls Company Plan Age Continuous use since 1787 Contextual setting A familiar landscape in the context of Queen Victoria Park Alterations From natural growth of vegetation and changes are minor in nature April 6, 2009 Points of Committee Discussion contour of the moraine. 2 PD- 2009 -27 The evaluation completed by the Municipal Heritage Committee in 2002 was based on criteria of the day, which is not unlike the current criteria of Regulation 9/06 of the Ontario Heritage Act. The Municipal Heritage Committee re- affirmed the recommendation made in 2002 to designate for the following reasons: The Committee also discussed specific matters that should be addressed in the preparation of the landscape plan by The Kirkland Partnership that would assist in maintaining the naturalized character of the Jolley Cut as they represent the character defining elements. These would include: that the walkway width be maintained as it currently exists; that native species be used; and that a Tree Preservation plan be included in the landscape plan, so that any trees that can be preserved will be identified. In addition, the Municipal Heritage Committee wished to be consulted during the design stage. At the Municipal Heritage Committee meeting on March 25, 2009, it was requested that the following point be added to the specific matters being addressed in the landscape plan preparation. that the walkway follow its existing path and remain true to the natural Staff Commentary The Jolley Cut has been a pedestrian pathway since the early 19` century which has played a role in connecting the Fallsview area with Queen Victoria Park. As noted by the Committee, the Jolley Cut is an evolved landscape which meets the provincial criteria as a cultural heritage landscape. The Jolley Cut has evolved from what was once a gully to a path to the current state as a partially improved walkway. It has changed in appearance and performance over the years. In addition, the Jolley Cut also acts as a utility corridor for municipal sanitary and storm sewers. April 6, 2009 3 PD- 2009 -27 The current condition of the Jolley Cut has deteriorated to the point where pedestrian safety is an issue. Construction of the proposed hotel on the abutting lands to the south will also disturb the Jolley Cut. Maintenance of the sewers will also mean the Jolley Cut may be disturbed in the future if there are problems. It is possible to rectify pedestrian safety matters and address the overall appearance and amenity of the Jolley Cut through the preparation of a designed landscape plan. It is possible to maintain the Jolley Cut as a cultural heritage landscape, but rather than be classified as an evolved landscape it would fit the category of a defined landscape. A defined landscape is one which has been designed by a professional, exhibits a high degree of technical or scientific achievement, or may contain excellent craftsmanship. If the matters requested by the Committee are included in the preparation of the landscape plan it will serve to ensure that the character defining elements are addressed appropriately in the design process. The municipality must find a balance between creating a safe public walkway for the benefit of the entire community and preserving the heritage qualities. Accordingly, designation and preparation of the landscape plan for an improved walkway should be integrated. It may be that designation occurs as a defined cultural heritage landscape which recognizes the ongoing evolution of the Jolley Cut. CONCLUSION: The Municipal Heritage Committee is recommending the designation of the Jolley Cut as a cultural heritage landscape. Designation of the Jolley Cut as a cultural heritage landscape could occur following the design and reconstruction process as a defined landscape. The comments of the Municipal Heritage Committee should be forwarded to The Kirkland Partnership to be addressed during the design stage. Consultation with the Municipal Heritage Committee would allow 1 direct input by the Committee members. Recommended by: 4,t t,J�t t Alex Herlovitch, D,If,�ctor of Planning Development Approved by: P.Boyle /J. Barnsley /A. Herlovitch:mb Attach. S:1PDR120091PD- 2009 -27, Status of Jolley Cut.wpd Ed Dujlovic, ESCecutive Director of Community Services His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009.04 Robinson Street CuI de Sac /Jolley Cut RECOMMENDATION: BACKGROUND: NiagaraJalls CANADA Working Together to Serve Our Community MW-2009-04 That the City support the licensing of the Robinson Street cul -de -sac, subject to the necessary plans as requested being prepared and meetings with the neighbouring property owners. In 2008 Mr. Michael DiCienzo of Canadian Niagara Hotels approached City staff as they had an interest in using the Robinson Street cul -de -sac in conjunction with the development of their property. City staff was supportive in, principle, subject to a number of conditions. It is staff' preference that a licence agreement would be entered into and that there would be an appropriate level of compensation to the City whether it be community benefits of a physical, financial or material nature. Staffs main consideration would involve enhancements to /maintenance of the Jolley Cut. In order to move Mr. DiCienzo's request forward the City requested that a landscape plan be prepared to conceptual show the following; The full extent of the area involved from the start of the cul -de -sac to the bottom of the Jolley Cut in Queen Victoria Park. Access points from cul -de -sac to Canadian Niagara Hotel property and any other properties. Improvements to the cul -de -sac showing the planned canopy feature, decorative surface treatment of the cul -de -sac, lighting in the central art or water feature. Athree meter wide decorative public pedestrian sidewalk along the north side of the cul -de -sac connecting the Jolley Cut with appropriate directional signage. APPENDIX 1 3 Quee Street PO Box�1023 N�agara;Falls ON Canada L2E 6X5 905 6 7521 wwwn iagarafalls ca Community Services Department Municipal Works February 9, 2009 2 MW-2009-04 Improvements to the Jolley Cut walkway including any or all proposed upgraded surface treatments, stairs /ramps, lighting /furniture, adjacent landscape treatment and natural areas within the right -of -way to be preserved /protected. Any connections between the Jolley Cut and the proposed hotel. Integration of the Jolley Cut and Niagara Parks Commission lands. Staff also commented that discussions would have to take place with the immediate neighbours (HOCO, Skylon and NPC) to seek their comments and feedback. As the requirements by staff are considerable and costly, Mr. DiCienzo requested that a report be put to Council, in principle, in proceeding with the licencing of the cul de sac in exchange for improvements to the Jolley Cut. Staff has reviewed this matter internally and has raised no concerns with the licencing of the cul -de -sac. Accordingly, based on the above it is staff's recommendation that the City approve in principle the concept of licencing the cul -de -sac in exchange for the improvements to the Jolley Cut. Recommended by: S:SREPORTS\20o9 \MW- 2099.04 Robinson Street Cul de sac.wpd Ed Dujlovic, Executive Director of Community Services April 6, 2009 R- 2009 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Approved by: Niagara7alls C A N A D A Re: R- 2009 -19 2009 Arena Rates and Fees RECOMMENDATION: That City Council approve the attached fees as outlined in Schedules 1 and 2. BACKGROUND: The fees charged for the use of recreation facilities provide offsetting revenue for the tax payer subsidized cost of operating community arena facilities. The annual operating costs of recreation facilities (i.e., arenas) generally increase each year as result of the increased costs of utilities, maintenance, as well as annual adjustments to wages. The recommended ice rental fee schedule is based on a 3% increase for hourly ice rentals (non -prime and prime time). These fees are for the 2009/2010 ice season or May 1, 2009 to April 30, 2010 and have been incorporated into the applicable portion of the 2009 general purposes budget, as attached. A 3% increase is recommended for the rental fees for Community Meeting Rooms and Special Event Rentals. Recommended by: X tA imc Director of Denys- Morrisse Ed Dujlovic, ''r u iv SH Attachment V:\200Y000NCIL \2009 04 06\R- 2009 -19 2009 Arena Fee Schedule pd Niagara Falls ON'Canadalt2H 3N3 ;905- 356 7521 °www niagarafalls.ca Community Services Department Parks, Recreation Culture Working Together to Serve Our Community arks, Recreation Culture 'rector of Community Services 1 1 Fee. GST 5'/n COMM Adult Prime Time Ice Rental SrTS %TMOA_ 178.03 8.90 186.93 N/A N/A Community Groups Generating Profit from Youth Prime Time Ice Rental 96.10 115.13 5.76 120.89 I Adult Non -Prime Time Ice Rental Commercial Use Meeting 115.99 5.80 121.79 110.29 Birthday Parties I 52.12 Youth Non -Prime Time Ice Rental 54.73 75.67 3.78 79.45 Summer Ice Rental 178.03 8.90 186.93 Non Resident Prime Time Ice Rental 222.20 11.11 233.31 Adult Floor Rental 57.78 2.89 60.67 Youth Floor Rental 55.03 2.75 57.78 Non Resident Floor Rental 69.33 3.47 72.80 MEETING ROOMS Blueline Room,Chippawa Community Room, Stamford U. fee SrTS %TMOA_ (Community Group Meetings 1 N/C N/A N/A Community Groups Generating Profit from Clinics/Workshops, Special Events,Sale of 96.10 4.81 100.91 Alcoholic Beverages, etc. Commercial Use Meeting 105.04 5.25 110.29 Birthday Parties I 52.12 2.61 54.73 SCHEDULE 1 HOURLY ICE FLOOR RENTALS ICE HOCKEY,BALL HOCKEY AND LACROSSE MAY 1 2009 Ma v 1 2010 NOTE: Non Prime hours are all hours before 5p.m. Monday to Friday, as well Statutory holidays are charged at the Prime rates. Summer Ice Rates are applicable from May 1st through Labor day. Organizations serving Alcoholic Beverages must comply with the City's Alcohol Risk Management policy. a U N m u 0 O a c N N co 3 c C N v N C a `om m E c c o w 1110 u W a o L C N c c E w a L o c a N N C A LL O O N N L rn a 3 E a M 2 C E L N y a c V O+ c0 0 4 3 y C o To c v 0. s o c E o E 1p o of d C E` C C N .z A O N W N N 2 N 0 0 d Z O d c N to O' N 8 O (.0E u E E N .0 tR wiL3Q r fV April 6,2009 R- 2009 -20 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2009 -20 Award of Retail Pro Shop at the Gale Centre RECOMMENDATION: 1) That Council award the Retail Pro Shop lease contract for the Gale Centre to Front Row Sports Excellence for a five year contract with option to renew for five (5) years. 2) That the Mayor and Clerk be authorized to sign the agreement. BACKGROUND: The Request for Proposal Retail Pro Shop for the Gale Centre was issued in February 2009 and closed on March 16, 2009. This RFP replaced the one that was originally issued in November 2007 and closed on December 4, 2007. Proposals were received from two (2) companies: Front Row Sports Excellence, Thorold, Ontario Flite Hockey Inc, Mississauga, Ontario GENERAL SELECTION CRITERIA: Niagaraj7alls C 1 N 4 0 1 The RFP stated that the following were the key criteria that will be used to evaluate the Proposals. The list is not in any particular order of priority. The City would base its selection on a combination of the following criteria as a minimum: a) The quality of the RFP submission including completeness of the RFP submission, compliance with all RFP requirements and professionalism. b) Related experience /capacity to perform and ability to comply with the Agreement terms. Working Together to Serve Our Community on trose R o a d U n t 1 Niagar 1Falls ONrCana la 112113N3, 905-356-7521 www.niagarafalls.ca Community Services Departmi Parks, Recreation Culture April 6, 2009 R- 2009 -20 c) Type of pro shop including theme, decor and ambience. d) Proposed retail items including general pricing. e) Operational plan including days and hours of operation and staffing policies. f) The amount of the annual rental rate to be paid for the rights sought by the proponent, which rate is exclusive of hydro and any GST and property taxes thereon. Based on the evaluation of the proposals, Front Row Sports Excellence is recommended. The company provided a comprehensive proposal and has an established and strong presence in the local Niagara community which includes a retail store in Thorold, operating the pro shop in the St. Catharines 4 pad arena, and in Buffalo, New York at the Pepsi Centre. Front Row Sports Excellence's proposal indicated the firm would include skate sharpening in their services. The firm outlined in their proposal that they were prepared to make a significant financial commitment at the Gale Centre and spend approximately $40,000 on lease hold improvements, as well as carry retail inventory in the range of $60,000. This firm's proposal also provided the best price per square foot at $20 per square foot for 709 square feet or $14,180 annually plus GST and applicable property taxes. Recommended by: Approved by: l)I 411 Deny $e Morris Ed Dujlovic, xecutive Director of Community Services S:1Council\Council 20091R- 2009 -20 Award of Retail Pro Shop at the Gale Centre.wpd or of Parks, Recreation Culture The City of Niagara Falls, Ontario Council Chambers No. April 6, 2009 Moved by Seconded by WHEREAS Subsection 40(1) of the Assessment Act allows a municipality to complain to the Assessment Review Board regarding assessment value of a property; NOW THEREFORE BE IT RESOLVED THAT: (a) Council confirms the actions of Staff in filing the Notices of Appeal or Complaint against those properties set out in Schedule "A" attached to this Resolution; and (b) Staff be authorized to appear at the Hearing to consider the Appeals or Complaints and to take all steps necessary to support the said Appeals or Complaints. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR Roll Number 1. 2725 030 002 04200 0000 2. 2725 030 002 09300 0000 3. 2725 100 004 12801 0000 4. 2725 110 001 00200 0000 SCHEDULE "A" Property Address 5705 Falls Avenue 6380 Fallsview Blvd W/S Taylor Rd 7657 Portage Rd A by-law to authorize the execution of an Agreement of Purchase and Sale with Zeljko Holdings Limited respecting the purchase of lands, being Parts 1 and 7 on Reference Plan 59R-13814; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Zeljko Holdings Limited and The Corporation of the City of Niagara Falls for the property described as Parts 1 and 7 on Reference Plan 59R- 13814; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this sixth day of April, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 6, 2009. April 6, 2009. April 6, 2009. CITY OF NIAGARA FALLS By -law No. 2009 BETWEEN: 1. Real Property 2. Purchase Terms (a) Price and Payment: AGREEMENT OF PURCHASE AND SALE ZELJKO HOLDINGS LIMITED (hereinafter called the "Purchaser and TIIE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Vendor") OF THE FIRST PART OF THE SECOND PART In consideration of the mutual covenants contained herein, other good and valuable consideration and the sum of two dollars ($2.00) now paid by each party to the other (the receipt and sufficiency of which are hereby acknowledged) the parties hereby agree as follows: 'The Purchaser, having inspected the Real Property (as defined herein), hereby agrees to and with the Vendor to purchase and the Vendor agrees to and with the Purchaser to sell, those lands and premises in the City of Niagara Falls, in the Regional Municipality of Niagara, described as Parts 1 and 7, Plan 59R- 13814, of the Land Registry Office of the Land Titles Division of Niagara South (No. 59) containing approximately 1,483.2 square metres as shown on Schedule "A" annexed hereto (the "Real Property The purchase price for the Real Property shall be the sum of Fifty-three Thousand seven Hundred Fifty Dollars ($53,750.00) in lawful money of Canada, payable as follows: (I) The sum of Five Thousand Four Hundred Dollars ($5,400.00) by certified cheque to the Vendor with this Agreement as a deposit, to be held by such Vendor pending completion or other termination of this transaction, and to be credited on account of the purchase price on closing; (ii) A further sum of Seventy -two Thousand Dollars ($48,350.00), subject to the usual adjustments, by cash or certified cheque to the Vendor on the date of closing. 3. Purchaser Acceptance of Real Property As Is, Where Is The Purchaser acknowledges that the Vendor makes no representations nor gives any warranties with respect to the Real Property or the fitness of the Real Property for the Purchaser's intended uses, and the Real Property is being sold by the Vendor and accepted by the Purchaser on an "As Is, Where Is" basis, including without limitation, state of title, outstanding work orders, zoning and development approval status, soil condition, environmental status and as to quantity, quality or condition and expressly agrees that the title to the Real Property to be conveyed by the Vendor to the Purchaser will to subject to the easements listed in Schedule "B" to this agreement. 4. Assignment This Agreement may not be assigned by the Purchaser without the express written consent of the Vendor, which consent may be arbitrarily withheld. 5. Section 50 Planninr Act Compliance The Agreement is subject to compliance with the provisions of the Planning Act (Ontario) as may be amended from time to time, and this Agreement is subject to the express condition that It shall not be effective to create or convey any interest in land until the provisions of Section 50 of the Planning Act (Ontario) are complied with. Pa me Levies and Pees 6. Purchaser 7. Easements of Ch The Purchaser acknowledges that it shall be responsible to pay any fees, levies and charges (including development charges) relating to the Real Property as required by applicable law at such time such payments are required whether presently foreseen or unforeseen. The conveyance by the City of permanent easements over the lands shown on Schedule "A" hereto to Bell Canada, Cogeco Cable, Enbridge Gas, Niagara Peninsula Energy Inc. and The Regional Municipality of Niagara to protect their existing utilities presently located within Murray Street such easement to be in a form acceptable to the aforesaid utility companies and the reservation by the City to itself of a permanent easement over the lands firstly described in Schedule "A" hereto to protect its existing watermain, storm sewer main and sanitary sewer main presently located within Murray Street such easement to also be in a form acceptable to the City. 8. Inspections by Purchaser From and after the date of acceptance by the Vendor herein, and until the Purchase Date, the Purchaser and its agents and employees shall have access to the Real Property upon reasonable prior written notice for the purposes of conducting inspections and tests relating to soil suitability for construction and environmental assessment Any access shall be at the Purchaser's sole risk and expense and shall be solely for the purpose of making such tests and inspections. The Purchaser hereby indemnifies the Vendor against any and all claims arising out of such access by the Purchaser or its agents or employees, which indemnification shall survive termination or completion, notwithstanding anything else to the contrary contained herein. Following any such tests and inspections, and in the event oftennination of this Agreement, the Purchaser covenants to re- instate the Real Property to its conditions as existed prior to the undertaking of any such tests or inspections, and to make available, upon request, without cost to the Vendor, copies of any studies, reports or results with respect to the Real Property. 9. Closing Date The transaction of purchase and sale shall be completed 30 days after the conditions set out in paragraph 7 hereof have been completed or sooner if mutually agreed upon (the "Closing Date 10. Adjustments, GST and Land Transfer Tax Realty taxes, local improvements, and assessment rates shall be apportioned and allowed to the Closing Date (with the Closing Date to be for the account of the Purchaser). GST shall be in addition to the purchase price. The Purchaser represents that at the time of execution of this Agreement and at the Closing Date the Purchaser and the transferee of the Real Property will be registrations under Part IX of the Excise Tax Act (Canada) (the "GST Legislation') and will provide to the Vendor all necessary registration numbers, together with an indemnity satisfactory to the Vendor acting reasonably, failing which the Vendor shall be entitled to a credit on the statement of adjustments equal to the amount of goods and services tax exigible. In the event the Purchaser so complies with the preceding sentence, the Vendor and Purchaser acknowledge that this purchase is governed by the "commercial activity" provisions of the GST Legislation, and, as such, the Vendor has no obligation to collect GST and the Purchaser shall self- assess the GST owing in respect of the purchase and report accordingly. The Purchaser shall he responsible for land transfer tax exigible respecting the transfer. 11. Closing Documents (a) The Vendor and Purchaser shall cause their respective solicitors to enter into a document registration agreement in prescribed farm and content to facilitate the electronic registration required for closing. (b) In addition to the other deliveries contemplated herein, the Vendor shall prepare and deliver the transfer and the Purchaser shall prepare and deliver the mortgage, if any, and the parties shall exchange undertakings to readjust the statement of adjustments as necessary. 12. Section 116 Income Tax Act The Vendor represents and warrants that it is not now and shall not at the time of closing be a non- resident of Canada within the meaning of the Income fax Act, and it shall deliver on closing an affidavit verifying same. 13. Non -Mereg It is agreed that all covenants, representations and warranties of the parties herein contained shall not merge on the closing of the transaction or the delivery of the transfer but shall survive thereafter. 14. Binding Agreement/Time of the Essence This Agreement, when executed by both parties shall constitute a binding contract of purchase and sale, and time shall in all respects be of the essence hereof 15. Entire Agreement It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Real Property or supported thereby other than as expressed herein in writing. 16. Tender Any tender of documents or money hereunder may be made upon the solicitor acting for the party on whom tender is desired and it shall be sufficient that a negotiable certified cheque may be tendered in lieu of cash 17. Non-Re istration The Purchaser agrees not to register the within Agreement nor notice thereof against the title to the Real Property. The Purchaser acknowledges that in the event that any registration respecting this Agreement or notice thereof occurs, the Vendor, in addition to any other tights or remedies it may have, shall be entitled to injunctive relief, and the Vendor may rely upon this provision in support thereof. 18. Headings The headings used herein shall be for convenience of reference only, and shall not affect the interpretation of this Agreement. 19. Survey and Appraisal The Purchaser shall pay for the cost of the appraisal of the Real Property prepared by Ridley and Associates Appraisal Services Limited dated July 18, 2008 ($1,293.18) and the Registered Plan of the Real Property prepared by Mathews, Cameron, Heywood and Kerry T. Howe Surveying Ltd. dated October 2, 2008 ($2,587.33). 20. Severability if any provision contained herein shall be found to be unenforceable, such provision shall be severed from the Agreement, and the remainder of this Agreement shall continue to be in full force and effect. 21. By -laws and Development Policies It is understood and agreed that no provision of this Agreement shall be interpreted to mean or imply that, by selling this land to the Purchaser, the Vendor is in any way exempting thePurchaser from the requirements of the By -laws and Development Policies of the Vendor. 22. Intention coneemin Discretion of Council (a) The Parties agree that none of the provisions of this Agreement are intended to operate, nor shall have the effect of operating, to in any way fetter the Council that authorized the execution of This Agreement or any of its successors in the exercise of any of Council's discretionary powers. Without limiting the generality of the foregoing, such discretionary powers include the power to pass, amend or repeal by- laws; to adopt, amend or rescind official plan amendments; and to approve or withhold approval to permit any demolition, relocation, construction or alteration of any building. (b) The Purchaser and Vendor agree that the purpose of this transaction is to enable the Purchaser to develop the Real Property in conjunction with and to support a development upon the properties owned by the Purchaser that abut the Real Property and have a frontage on Portage Road currently identified in the Land Titles Office of the Land Registrar for the Land Titles Division of Niagara South (No. 59) as Parcel IdentificationNumbers 64350 -0135 and 64350 -0137 (the °Abutting Properties") and that this intent cannot be achieved without amendment of the Vendor's planning instruments that govern the use of the Real Property and the Abutting Properties. (e) The Purchaser will merge the title of the Real Property with the title of the Abutting Properties by taking title to the Real Property in its own name and by ensuring that the titles to the Abutting Properties are registered in the name of Zeljko Holdings Limited on the closing date. 23. Schedules The Schedules to this Agreement shall form a part of the Agreement. 24. Notices All notices permitted or required to be delivered herein shall be delivered by personal or courier delivery to the following addresses (or such other addresses as may be provided in accordance with this paragraph), and shall be considered received when actually received at such address: To the Vendor: The Corporation of the City of Niagara Falls City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor 25 Offer To the Purchaser: Zeljko Holdings Limited 3767 Portage Road Niagara Fails, ON L2J 2LI Attention: Zeljko Rudan -7- In the event that this document is executed by the Purchaser prior to execution by the Vendor, this document shall constitute an irrevocable offer by the Purchaser expiring at 5:00 pm. on the 25' day of February, 2009, after which time, if not accepted, this document shall be null and void and any deposit shall be returned to the Purchaser without interest or deduction. IN WITNESS WHEREOF the Purchaser has execut ,2009. Per: Per'. Per: M WITNESS WHEREOF the Vendor has executed this Agreement the ,2009. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Saki Title: Mayor Name: Dean lorfida cis Title: City Clerk day of cis A. Real Property D. Acknowledged Easements SCHEDULES SCHEDULE A SCIIEDULE B The Purchaser acknowledges'that the Real Property will be conveyed subject to casements covering the entire Real Properly permitting the installation and maintenance of various utilities and related hardware in favour of the following parties: I) Niagara Peninsula Energy Inc. 2) Cogeco Cable Inc. 3) Bell Canada 4) Enbridge Gas Distribution Inc. 5) The Corporation of the Region of Niagara 6) The Corporation of the City of Niagara Falls 7) Ontario Power Generation Inc. A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 80 -114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 80 -114 is amended by adding Schedule "B -73" attached hereto. Passed this sixth day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 6, 2009. April 6, 2009. April 6, 2009. CITY OF NIAGARA FALLS By -law No. 2009 COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Kalar Road and Coventry Road Schedule "B -19" Ailanthus Avenue Oakwood Drive St. Paul Avenue COLUMN 2 LOCATION COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -1" Schedule `B -2" Schedule "B -3" Schedule `B -4" Schedule `B -5" Schedule `B -6" Schedule `B -7" Schedule `B -8" Schedule `B -9" Schedule "B -10" Schedule "B -11" Schedule `B -12" Schedule `B -13" Schedule `B -14" Schedule "B -15" Schedule `B -16" Schedule `B -17" Schedule `B -18" Schedule `B -20" Schedule "B -21" Schedule `B -22" COLUMN 1 SITE Brockway Business Centre Niagara South Condominium No. 28 Niagara South Condominium No. 19 Brookside Village Co- Operative Homes Inc. Niagara South Condominium Plan No. 43 Factor Forms Niagara Ltd. Zehrs Markets Ameri -Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 Edscha of Canada First Professional Management Inc. Montrose and Thorold Stone Roads 5100 Dorchester Road 5150 Dorchester Road 8175 McLeod Road 4230 Meadowvale Drive 8481 Earl Thomas Avenue Morrison Street and Dorchester Schedule "B -29" Road 8444 Lundy's Lane 3955 Portage Road 3516 Main Street COLUMN 2 LOCATION 5088 Drummond Road Mewbum Road 5795 Don Murie Street 7190 Morrison Street COLUMN 3 SCHEDULE `B" NUMBER Schedule "B -23" Schedule `B -24" Schedule `B -25" Schedule `B -26" Schedule `B -27" Schedule `B -28" Schedule `B -30" Schedule `B -31" Schedule `B -32" 8055 McLeod Road and 8065 Schedule `B -33" McLeod Road Schedule `B -34" Schedule `B -35" 6453 Colborne Street and 6476 Schedule `B -36" Huggins Street Schedule `B -37" Schedule `B -38" COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfreld Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium Canada One Factory Outlet Mall COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 33, 36 39, 42 45 and 48 51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road 7500 Lundy's Lane COLUMN 3 SCHEDULE "B" NUMBER Schedule `B -39" Schedule "B -40" Schedule "B -41" Schedule `B -42" Schedule `B -43" Schedule `B -44" Schedule "B -45" Schedule `B -46" Schedule "B -47" Schedule `B -48" Schedule "B -49" Schedule "B -50" Schedule `B -51" Schedule `B -52" Schedule `B -53" Schedule `B -54" Schedule `B -55" Schedule "B -56" Schedule `B -57" COLUMN 1 SITE Niagara South Condominium Corporation No. 4 Park Royal Niagara Catholic District School Board West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens Adeline Apartments Panoramic Properties Inc. 1251549 Ontario Limited and 623381 Ontario Inc. Condominium COLUMN 2 LOCATION 3322 Addison Street 3900 Kalar Road 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street 6420 Montrose Road 7591 Scholfield Road 6167 6175 -6181 Dorchester Road COLUMN 3 SCHEDULE `B" NUMBER Schedule `B -58" Schedule `B -59" Schedule `B -60" Schedule `B -61" Schedule `B -62" Schedule "B -63" Schedule `B -64" Schedule `B -65" Schedule `B -66" Schedule "B -67" Schedule `B -68" Schedule `B -69" Schedule `B -70" Schedule `B -71" Schedule `B -72" Schedule `B -73" STEREO' Not to Scale BUILDING 'A' LOCATION OF PROPOSED 6.0m Wide FIRE ROUTE BUILDING 'C' Proposed Fire Route Plan All contractors and/or 'trades shall verify all dimensions, notes, site and report any dieoepende: prior In commencement of the work. This drawing not 'to be sated, all s, prints and related documents are the property of the architect and must he returned upon request Reproduction oldrawinga and related documents in part or in whale l551rltllY forbidden without written consent, DawIn6510 beton the purpose for which they are Issued. VD COMMISSION: PROPOSED Condo Conversion 6167m6175&6181 Dorchester Road 6167, 6175 66181 Dorchester Road, Niagara Falls ON alien,tchui ins SHEET TITLE: FIRE ROUTE PLAN Issued for Re- long: Issued for Site Plan Agreement: Issued for Remit Issued far Tender I Construction, ORAWN 6Y: A1P CHECREO BY: FM DATE: March 142009 SCALE: AS SHOWN PROJECTNn. 2077 -209 DWG No. FR rveuumclwr amio.uer..no.en.wer.gs, w.02007 209 wm.mey Up. 1/10 CITY OF NIAGARA FALLS By -law No. 2009 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 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 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: (a) The uses permitted in a RID zone (b) Tourist home containing not more than 1 bedroom for tourists 5. The regulations governing the permitted uses shall be: (a) Deemed lot the whole of the Lands shall be considered one lot (b) Minimum front yard depth 1.8 metres (c) Minimum exterior side yard 0.28 metres width (d) Minimum rear yard depth 2.6 metres (e) Maximum lot coverage 54% (f) The balance of the regulations specified for a R1D 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. -2- 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 E6 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 852. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.852 Refer to By -law No. 2009- Passed this sixth day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 6, 2009 April 6, 2009 April 6, 2009 S\ZONING\AMS12008\ By-laws \Byam038.wpd SCHEDULE 1 TO BY -LAW No. 2009 Subject Land Applicant: Michael Boyd Nathalie Boyd Assessment 272512000400600 K: \G1S Requests\ 2008\ Schedules \zonIngAM\AM•38 \mapping.map Amending Zoning By -law No. 79 -200 Description: Lt 108 W/S Adelaide St P1251 Village of Chippawa; Lt 109 W/S Adelaide St P1251 Village of Chippawa; Niagara Falls 1:NTS AM- 2008 -038 February 2009 A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. WHEREAS Section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by -laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to pass by -laws imposing fees and charges for the use of waste management systems, use of sewage systems or the consumption of water. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2007 -161, is hereby amended by deleting the SCHEDULE OF RATES, FEES AND CHARGES attached to it and substituting therefor Schedule "A" to this amending by -law, being the Schedule of Water Rates, Sewer Rates, Fees and Charges. 2. Repeal By -law 2008 -31 Passed this sixth day of April 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS By -Law No. 2009- Service charges: Schedule "A" to this amending By -Law No. 2009 CITY OF NIAGARA FALLS SCHEDULE OF RATES, FEES AND CHARGES After Before Due Date Due Date 15 mm meter 24.55$ 23.38 monthly 18 mm meter 24.55$ 23.38 monthly 25 mm meter 24.55$ 23.38 monthly 37 mm meter 73.65$ 70.14 monthly 50 mm meter 147.29$ 140.28 monthly 75 mm meter 294.59$ 280.56 monthly 100 mm meter 540.08$ 514.36 monthly 150 mm meter $1,031.06$ 981.96 monthly 200 mm meter $1,841.18$1,753.50 monthly 250 mm meter $2,577.65$2,454.90 monthly 2. Water rates: After Before Due Date Due Date 0.7982 3. Flat rates for a private water service not metered by choice or other determination of the City: After Before Due Date Due Date 48.49 46.19 0.7602 per cubic metre 138.57 monthly After Before Due Date Due Date 145.48 monthly includes 30m3 of usage 4. Flat rates for a private water service not metered because of refusal of owner: 5. Billing period: Minimum of one month. 6. Service deposits: Two times the estimated billing for a billing period with a minimum of the amount of $230.00. 7. Sewer rates: (a) (b) (c) (a) (b) Service charge as set out in section 1: Water rates as set out in section 2: Flat rates as set out in sections 3 and 4: 8. Charge for Installation of Water Service: 3/4" Service: 9. Charge for shutting off or turning on supply of water: 10. Charge for meter removal or reinstallation: (a) During normal working hours: (b) Outside normal working hours: 11. Charge for Testing Meter Consumption: 12. Bulk carrier rate for City stand -pipe: (a) For Water Cost plus 25% 91.5% 126.4% 108.7% $1,650.00 (a) During normal working hours: 55.00 (b) Outside nomial working hours: 165.00 3 x the rate Over 3/4" Service Actual cost Deposit required based on estimated costs. Note: For the purpose of this by -law, normal working hours shall mean Mondays to Fridays (exclusive of holidays) between 8:00 a.m. and 4:00 p.m. 40.00 per hour /per city employee 100.00 per hour /per city employee At cost with a deposit of $75.00 .95 per cubic metre (c) Bulk water card purchase 13. Use of Water for Construction Purposes: (a) Per transaction fee of $22.00 -4- (b) Service deposit: Based on estimated charges for two billing periods, minimum of $500.00. $1 (a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter. (b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00. 14. Charge for private water service account transferred to tax account: (1) CIZ OF CANADA NIAGARA FMCS THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2009 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Parking Meter Zones, Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMNI COLUMN2 INTERSECTION FACING TRAFFIC McGarry Drive and St. Michael Avenue Northbound on St. Michael Avenue McGarry Drive and St. Michael Avenue Southbound on St. Michael Avenue COLUMN 1 HIGHWAY Main Street Main Street (2) by deleting from the specified columns of Schedule C thereto the following items: (3) Main Street Main Street First Reading: Second Reading Third Reading: April 6, 2009 April 6, 2009 April 6, 2009 COLUMN 2 SIDE North South COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 3 BETWEEN -2- Robinson Street and Allendale Avenue Robinson Street and Allendale Avenue North A point 75 metres west of Allendale Avenue and a point 155 metres west of Allendale Avenue South A point 70 metres west of Allendale Avenue and a point 145 metres west of Allendale Avenue DEAN IORFIDA, CITY CLERK PARKING PROHIBITED a point 155 metres west of a point 145 metres west of by deleting from the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 4 FEES $1.00 /hour $0.25/15 min Token 15 min $0.05/ 6 min credit card $5.00 for 8 hours $1.00 /hour $0.25/15 min Token 15 min $0.05 /6 min Credit card $5.00 for 8 hours COLUMN 5 MAXIMUM 8 hours 8 hours This By -law shall come into force when the appropriate signs are installed or removed. Passed this sixth day of April, 2009. R.T. (TED) SALCI, MAYOR COLUMN 4 TIMES OR DAYS At all times Except for Sunday's 9 AM to 1 PM At all times Except by permit And Sundays 9 AM to 1 PM COLUMN 6 TIMES OR DAYS 6:00 a.m. 3:00 a.m. Daily $1.00 minimum payment 6:00 a.m. 3:00 a.m. Daily $1.00 minimum payment CITY OF NIAGARA FALLS By -law No. 2009 A by -law to apply the Heritage Week reserve fund. WHEREAS section 4170) of the Municipal Act allows a Council to establish a reserve fund; and WHEREAS in 2002, the Heritage Week reserve fund was established from the proceeds of the book entitled "Images of a Century: The City of Niagara Falls Canada 1904 2004. ";and WHEREAS section 417(4) of the Municipal Act allows a Council by by -law to spend, apply or pledge a reserve fund for purposes, other than what the reserve fund was established for, as long as it is within the spending authority of the Council; and WHEREAS on March 23, 2009, the Council passed a motion to apply the Heritage Week reserve fund toward reduction of the budget deficit. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the $58,009.01 from the Heritage Week reserve fund be applied toward the budget. Z. That the Heritage Week reserve fund be closed and removed from the Corporation's books. Passed this sixth day of April, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 6, 2009. April 6, 2009. April 6, 2009. A by -law to hereby authorize the execution of Contribution Agreement for Infrastructure Projects between Her Majesty the Queen in right of the Province of Ontario, as represented by the Deputy Premier and Minister of Energy and Infrastructure, and Minister of Agriculture, Food and Rural Affairs Transportation for the Province of Ontario (the "OMAFRA and the City of Niagara Falls (the "Recipient related to Intake One of the Building Canada Fund Communities Component (BCF -CC), as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this sixth day of April, 2009 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 6, 2009 April 6, 2009 April 6, 2009 CITY OF NIAGARA FALLS By -law No. 2009 ?C ®NTTRIBUTI®N AGREEMENT FOR 'INFRA "STfnweTU,RE ;PROJECTS: and "Rural AA airs CANAD GOMMUNITIESMOMPONENTTT BGF uctua andiMni ry`rytofaAgrculiure food ile Numb u rr X23943 ,ga THIS AGREEMENT made in quadruplicate as of the day of BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Deputy Premier and Minister of Energy and Infrastructure, and the 2009. Minister of Agriculture, Food and Rural Affairs (referred to herein as "OMAFRA" in the latter case) A N D: THE CORPORATION OF THE CITY OF NIAGARA FALLS (referred to herein as the "Recipient WHEREAS the Parties recognize that investments in public infrastructure are fundamental to the quality of life of Ontarians and necessary to ensure continued economic growth; AND WHEREAS the purpose of the Building Canada Fund Communities Component (BCF CC) is to improve and renew public infrastructure in Ontario's communities with populations of less than 100,000 people; AND WHEREAS investments under the BCF -CC focus on projects in smaller communities to advance federal and provincial objectives of economic growth, cleaner environment, and strong and prosperous communities; AND WHEREAS the BCF -CC supports projects that address local needs; AND WHEREAS Recipients under the BCF -CC may choose to apply for funding for Projects in the categories of drinking water, wastewater, public transit, Core National Highway System, green energy, disaster mitigation, solid waste management, brownfield remediation and redevelopment, culture, sport, connectivity and broadband, local roads, shortline railways, short- sea shipping, regional and local airports, tourism as well as collaborative projects; AND WHEREAS this Agreement defines the terms and conditions of a financial contribution from Canada and Ontario to assist with the Project under BCF -CC which is being administered by the Government of Ontario; NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties covenant and agree as follows: Affix Corporate Seal BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 This Agreement, including: constitute the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. IN WITNESS WHEREOF, the Government of Ontario and the Recipient have respectively executed and delivered this Agreement on the date set out above. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Deputy Premier and Minister of Energy and Infrastructure by: Name: The Honourable George Smitherman Date Title: Deputy Premier and Minister of Energy and Infrastructure and by the Minister of Agriculture, Food and Rural Affairs by: Name: The Honourable Leona Dombrowsky Date Title: Minister of Agriculture, Food and Rural Affairs RECIPIENTS NAME: THE CORPORATION OF THE CITY OF NIAGARA FALLS by: Name: Ted Salci Date Title: Mayor Name: Dean lorfida Date Title: Clerk Schedule "A" General Terms and Conditions Schedule "B" Description of the Project Schedule "C" Eligible and Ineligible Costs Schedule "D" Financial Assistance Schedule "E" Federal Requirements Schedule "F" Additional Provisions Schedule "G" Communications Requirements Schedule "H" Expenditure Report Schedule "I" Progress Report Schedule "J" Claim Report Schedule "K" Final Report I /we have authority to bind the Recipient Page 2 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 1.1 SCHEDULE "A" GENERAL TERMS AND CONDITIONS SECTION 1 DEFINITIONS AND INTERPRETATION Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings ascribed to them below unless the subject matter or context is inconsistent therewith: "Act" means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended. "Adjust the Financial Assistance" means adjust or terminate the Financial Assistance on the Project or the amount of financial assistance for any other of the Recipient's project(s) under the BCF -CC, or any other provincial program(s) or initiative(s) (either current or future), and /or require repayment for some or all of the Financial Assistance for the Project in an amount to be determined by OMAFRA and within the period specified by OMAFRA. "Agreement' means this agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Allowable Financial Assistance" has the meaning given to it in Section 8.1 of this Agreement. "Business Day" means any day on which Government of Ontario offices generally are open for business in the Province of Ontario. "Claim Report" has the meaning given to it in Section 6.2 of this Agreement. "Claims Submission" has the meaning given to it in Section 6.2 of this Agreement. "Communication Requirements" means the communication requirements set out in Schedule "G" hereto, or as directed by OMAFRA from time to time. "Consultant" means any consultant, engineer, contractor, project manager, architect or other service provider, as the case may be, retained by the Recipient to undertake any part of the work related to the Project. "Contract" means a contract between a Recipient and a third party at arm's length whereby the latter agrees to provide a product or service to the Project in return for financial consideration that may be claimed as an Eligible Cost. "Crown Agency" means a crown agency as defined in the Crown Agency Act (Ontario). "Eligible Costs" means the costs so described in Schedule "C "End of Financial Assistance Date" means March 31, 2017. "Environmental Contaminant" means any hazardous or toxic substance or material including, without limitation, products of waste, contaminants, pollutants, dangerous substances, noxious substances, toxic substances, hazardous wastes and flammable, explosive or improperly Page 3 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 handled friable materials. "Environmental Laws" means all applicable federal, provincial or municipal laws, regulations, by -laws, orders, rules, policies or guidelines respecting the protection of the natural environment, public or occupational health or safety, and the manufacture, importation, handling, transportation, storage, disposal and treatment of Environmental Contaminants and include, without limitation, the Environmental Protection Act (Ontario), the Environmental Assessment Act (Ontario), the Ontario Water Resources Act, the Canadian Environmental Protection Act 1999, the Canadian Environmental Assessment Act, the Fisheries Act (Canada) and the Navigable Waters Protection Act (Canada). "Event of Default" has the meaning given to it in Section 15 of this Agreement. "Expenditure Report" has the meaning given to it in Section 6.1 of this Agreement. "Expiration Date" means March 31, 2017. "Federal Government" means Her Majesty the Queen in right of Canada. "Federal Licensed Marks" has the meaning given to it in Section 6 of Schedule "E" to this Agreement. "Federal Maximum Financial Assistance" has the meaning set out in Schedule "D" hereto. "Final Report" has the meaning given to it in Section 6.3 of this Agreement. "Final Report Date" means May 31, 2016. "Financial Assistance" means the funds contributed by the Senior Government to be advanced by OMAFRA to the Recipient pursuant to this Agreement. "Fiscal Year" means the period beginning on April 1 of a year and ending on March 31 of the following year. "Generally Accepted Accounting Principles" means the Canadian Generally Accepted Accounting Principles as adopted by the Canadian Institute of Chartered Accountants, applicable as at the date on which such calculation is made or required to be made under the Agreement in accordance with Generally Accepted Accounting Principles. "Government of Ontario" means Her Majesty the Queen in right of Ontario, as represented by the Deputy Premier and the Minister of Energy and Infrastructure and by the Minister of Agriculture, Food and Rural Affairs. "Infrastructure" means publicly or privately owned capital assets in Ontario for public use or benefit. "Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her Ministers, directors, officers, agents, appointees and employees and Her Majesty the Queen in right of Canada, Her Ministers, directors, officers, agents, appointees and employees. "Ineligible Costs" means the costs so described in Schedule "C Page 4 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 "Joint Secretariat" means the Joint Secretariat referred to in Section 4.5 of the Canada Ontario Building Canada Fund Communities Component Agreement 2007 2017 made as of August 26, 2008, between Her Majesty in Right of Canada, as represented by the Minister of Transport, Infrastructure and Communities, and Her Majesty in Right of the Province of Ontario, as represented by the Minister of Energy and Infrastructure (the "Canada Ontario BCFCC Agreement "Licensed Marks" has the meaning given to it in Section 13 of Schedule "A" to this Agreement. "Local Government" means a "municipality" as defined in the Municipal Act, 2001 (Ontario) and includes a local board of a municipality and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes in an unorganized township, but excludes municipalities having a population in excess of 100,000 people. "Maximum Financial Assistance" has the meaning set out in Section 4.5 and Schedule "D" hereto. "Ontario Maximum Financial Assistance" has the meaning set out in Schedule "D" hereto. "Oversight Committee" means the committee established pursuant to Subsection 4.1 of the Canada Ontario BCF -CC Agreement, responsible for administering and managing the Canada Ontario BCF -CC Agreement, established pursuant to Subsection 4.1 of the same; "Payment Certifier" means a payment certifier as defined in subsection 1(1) of the Construction Lien Act (Ontario). "Progress Report" has the meaning given to it in Section 6.2 of this Agreement. "Project" .means the project described in Schedule "8" hereto. "Project Completion Date" means March 31, 2016. "Recipient" has the meaning given to it on the first page of this Agreement. "Senior Government" means the Government of Ontario and the Federal Government collectively. "Substantially Performed" has the meaning set out in and shall be determined in accordance with subsection 2(1) of the Construction Lien Act (Ontario). "Third Party" means any person other than the Senior Government or a Recipient that participates in the implementation of a Project. "Total Eligible Costs" has the meaning set out in Schedule "D" hereto. 1.2 Herein, etc. The words "herein "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular schedule, article, section, paragraph or other subdivision of this Agreement. 1.3 Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. Page 5 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 1.4 Statutes. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. 1.5 Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 1.6 OMAFRA Approvals. Any reference to, or requirement for, the approval of OMAFRA in this Agreement or in any schedule hereto shall be deemed to require the prior and express written approval of OMAFRA. SECTION 2 TERM OF AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including the Expiration Date (the `Term 2.2 End of Financial Assistance Date. Notwithstanding anything in this Agreement and regardless of the Project's state of completion, OMAFRA shall not be obligated to provide Financial Assistance under this Agreement after the End of Financial Assistance Date. SECTION 3 ELIGIBLE COSTS 3.1 Eligible Costs. In order for a cost to be eligible for Financial Assistance pursuant to this Agreement (an "Eligible Cost the cost must be included in Schedule "C Part C.1, except where otherwise expressly approved in writing by OMAFRA. For greater certainty, where Schedule "B" identifies a portion of the works that are specifically excluded from the description of the Project under this Agreement, the costs associated with that portion of the works are not eligible. 3.2 Discretion of OMAFRA. Subject to Section 3.1, the eligibility of any items not listed in Schedule "C" to this Agreement will be determined in accordance with OMAFRA's policies and guidelines. The final determination of the eligibility of any items claimed is at the sole discretion of OMAFRA. 3.3 Retention of Receipts. The Recipient shall retain all records of payments related to Eligible Costs including, without limitation, invoices and receipts, for audit purposes and such supporting documentation must be available to OMAFRA when requested. 3.4 Ineligible Costs. Notwithstanding anything else contained herein, the costs that are not eligible for Financial Assistance pursuant to this Agreement are set out in Part C.2 of Schedule "C" "Ineligible Costs 3.5 Deemed ineligible. The Recipient acknowledges that OMAFRA's Fiscal Year ends on March 31 in each year, and that should a cost not be submitted by the Recipient for payment of Financial Assistance before March 31 of the year following the fiscal year in which it was incurred, such cost shall be deemed ineligible for Financial Assistance. Page 6 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 SECTION 4 FINANCIAL ASSISTANCE 4.1 Use of Financial Assistance. The Financial Assistance is intended for and shall be used only for Eligible Costs. 4.2 Basis of payout of Financial Assistance. The Financial Assistance will be provided by OMAFRA to the Recipient on the basis set out in Schedule "D 4.3 Semi- Annual Reporting. The Recipient is required to submit semi annual Expenditure Reports to OMAFRA pursuant to Section 6.1 prior to OMAFRA releasing any Financial Assistance. 4.4 Funds advanced. If Financial Assistance is provided to the Recipient by OMAFRA prior to OMAFRA receiving evidence that the associated Eligible Costs have already been paid by the Recipient, then such Financial Assistance, including all interest earned thereon, shall be deemed to remain the property of OMAFRA and must be held by the Recipient in trust for OMAFRA in an interest bearing account pending payment of Eligible Costs. Without limitation, any payment of Financial Assistance that is made to the Recipient without the requirement of the Recipient first providing OMAFRA with either a Progress Report or a Final Report must meet the requirements of this Section. 4.5 Maximum Financial Assistance. The total amount of Financial Assistance provided to the Recipient shall in any event be no greater than the Maximum Financial Assistance figure set out in Schedule "F" hereto. 4.6 Excess funds. Where actual costs are lower or appear likely to be lower than the total eligible expenditures, or where additional funding is secured from other government sources such that the funds available to the Recipient for the Project (other than the Financial Assistance) exceed the Maximum Financial Assistance, the Recipient shall immediately notify OMAFRA. OMAFRA may, in its sole discretion, adjust the Financial Assistance on the Project. 4.7 Interdependent Projects. Where implementation of the Project is dependent on completion of a project by others and the interdependent project is not completed by others in whole or in part, OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. 4.8 Recipient not carrying out Project. The Recipient shall immediately notify OMAFRA if it does not intend to carry out the Project in whole or in part as specified in Schedule 'B" in which case OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. 4.9 New Information. In the event of new information, errors, omissions or other circumstances affecting the determination of the amount of Financial Assistance under this Agreement, OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. 4.10 Alternatives to Project. If the Recipient becomes aware of any alternatives to the Project that are more cost effective (for example, an area/joint servicing scheme), the Recipient shall immediately notify OMAFRA, in which case OMAFRA may, in its sole Page 7 of 37 BCF -CC Contribution Agreement for Infrastructure Projects Filet/ 23943 discretion, adjust the Financial Assistance. Likewise, if OMAFRA becomes aware of any alternatives to the Project that are more cost effective, the Recipient will be notified and OMAFRA may, in its sole discretion, adjust the Financial Assistance. 4.11 GST. The Financial Assistance is based on the net amount of goods and services tax to be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of any applicable rebates. 4.12 Withholding payment. OMAFRA may, in its sole discretion, withhold payment of Financial Assistance where the Recipient is in default in obtaining any necessary permits, approvals or licenses applicable to the Project or is in default of compliance with any provisions of this Agreement or any applicable legislation. 4.13 Insufficient funds provided by the Legislature. If, in the opinion of the Government of Ontario, the Legislative Assembly of Ontario does not provide sufficientfunds to continue the Financial Assistance for any Fiscal Year during which this Agreement is in effect, the Government of Ontario may terminate this Agreement in accordance with the terms specified in Section 15.5 of this Agreement. SECTION 5 PROJECT AWARD, MANAGEMENT AND COMPLETION 5.1 Recipient fully responsible. The Recipient shall be fully responsible for the undertaking, implementation and completion of the Project and shall retain any and all Consultants reasonably required to undertake a project of the size, scope and complexity of the Project. Where implementation of the Project is dependent on completion of a project by others, the Recipient shall be fully responsible for obtaining any assurances that it may require from others in relation to the implementation of the Project by the Recipient. 5.2 Government of Ontario not responsible for implementation. The Government of Ontario shall not be responsible in any way whatsoever for the undertaking, implementation and completion of the Project or any interdependent project of others. 5.3 Government of Ontario not responsible for costs, etc. The Government of Ontario shall not be responsible for any costs associated with the operation, maintenance and repair of the Project nor for any claims, proceedings or judgments arising from the tender and bidding process. 5.4 Behaviour of Recipient. The Recipient shall at all times carry out the Project in an economical and businesslike manner, in accordance with this Agreement subject to any reasonable changes that OMAFRA may agree to or require from time to time in writing. 5.5 Competitive process. The Recipient shall acquire and manage all equipment, services and supplies required for the Project through a transparent, competitive process that ensures the best value for funds expended. Municipalities must follow their established procurement protocol as directed by the Municipal Act. All other Recipients must ensure that for equipment, services and supplies, the estimated cost of which exceeds $25,000.00, the Recipient shall obtain at least three written quotes unless OMAFRA gives prior written approval. The requirement for a competitive process may be waived with prior written approval by OMAFRA if: Page 8 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 a) the expertise the Recipient is purchasing is specialized and is not readily available; or b) the Recipient has recently researched the market for a similar purchase and knows prevailing market costs for the equipment, services or supplies purchased. 5.6 Competitive tender. Except as otherwise approved in writing by OMAFRA, all portions of the construction component of the Project (including materials and equipment) shall be competitively and openly tendered, in the opinion of OMAFRA, to competent contractors capable of completing the construction component of the Project, and the Contract must be awarded to the lowest qualified bidder or, where the bid price is not the sole specified selection criterion, the highest ranked bidder. 5.7 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient shall comply with all of the applicable requirements of that Annex. In the event of any conflict between the requirements of Sections 5.5 and 5.6 of this Agreement and the requirements of this Section 5.7, the requirements referenced in this Section 5.7 shall apply. 5.8 Long -term capital management plan. The Recipient shall prepare and update annually thereafter a long -term capital asset management plan which outlines how the Recipient intends to meet its financial and other commitments for maintaining the ._Infrastructure on an ongoing basis, including plans to recover the full operating costs through service charges where appropriate. Upon request, the Recipient shall provide to OMAFRA a copy of its then current long -term capital management plan. 5.9 Final claims. The Recipient shall submit its final claims with the required documentation for approval, cost reviews, audits and settlement within three (3) months of completion of the Project and no later than the Final Report Date or such later date as is specified in writing by OMAFRA. Upon completion of the cost reviews, audits and settlement, OMAFRA shall not be obligated to consider any further claims in relation to the Project. The Recipient shall also submit, upon request by OMAFRA, the required documentation for approval, cost reviews and audits on an interim basis. 5.10 Commencement of Project. The Recipient shall begin the Project within six (6) months of the date of this Agreement, failing which this Agreement may be terminated pursuant to Section 15 unless otherwise approved by the Oversight Committee. 5.11 Contracts. The Recipient shall ensure that all Contracts: a) are consistent with this Agreement; b) do not conflict with this Agreement; c) incorporate the relevant provisions of this Agreement to the fullest extent possible; d) conform to all policies and procedures issued by the Senior Government for the Page 9 of 37 BCF -CC Contribution Agreement for Infrastructure Projects BCF -CC; e) are awarded and managed: File# 23943 (i) in a way that is transparent, competitive and consistent with value for money principles; and in accordance with all applicable policies and procedures issued by the Government of Ontario; f) require that the parties thereto comply with all applicable legislation; and g) authorize the Government of Ontario and the Federal Government to collect, use and distribute information and data gathered by parties, perform audits and monitor the Project as they see fit. SECTION 6 REPORTING REQUIREMENTS 6.1 Expenditure Report. The Recipient shall submit semi annual reports for the Project to OMAFRA on or before February 15 and August 15 of each Fiscal Year outlining the current expenditures and projections and the Recipient shall follow such administrative procedures as are specified from time to time by OMAFRA. 6.2 Claims Submission. All Claim Submissions shall include the following reports: 1. Progress Report. The Recipient shall provide OMAFRA with a report in the form set out in Schedule "I" "Progress Report") that shall contain sufficient information to allow OMAFRA to assess the progress of the Project. The Progress Report shall include: a) a detailed description of the progress of the Project to the date of the report; b) particulars of how the Communication Requirements have been implemented or applied; c) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying the percentage of the Project completed; d) details of any variance from the Project; and e) any other information respecting the Project that may be requested by OMAFRA. 2. Claim Report. The Recipient shall provide OMAFRA with a report in the form set out in Schedule "J" "Claim Report") on the invoices received and paid for the Project as at the date of the payment request which shall contain sufficient information to allow OMAFRA to assess the eligibility of that portion of the Project for which disbursement is being requested and the individual Project tasks and Milestones. The Claim Report shall include: a) an invoice summary, in the form prescribed by OMAFRA; b) a list of the vendors from which the invoices were received; Page 10 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 c) a description of the type of work performed for each invoice; and d) when requested, all original invoices and receipts for the Project. 6.3 Final Report, Within three months of the Project becoming Substantially Performed and no later than the Final Report Date or such later date as is specified in writing by OMAFRA, the Recipient shall submit a final report (the "Final Report") for the Project to OMAFRA in a form satisfactory to OMAFRA and the Recipient shall follow such administrative procedures as are specified from time to time by OMAFRA. The Final Report shall include: a) a detailed description of the Project as completed, including photographs; b) particulars of how the Communication Requirements have been implemented or applied; c) a final unaudited financial statement showing Project expenditures and revenue, prepared by a qualified person; d) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying that the Project has been Substantially Performed; e) an invoice summary, in the form prescribed by OMAFRA; f) a final cost summary in the form appended as Schedule K hereto; .9) when requested, all original invoices and receipts for the Project; h) details of any variance from the Project; 1) details of the benefits and outcomes of the Project; and j) any other information respecting the Project that may be requested by OMFRA, including, but not limited to, audited financial statements. Upon receipt of the Final Report, OMAFRA shall not be obligated to consider any further claims in relation to the Project. SECTION 7 RECORDS AND AUDIT 7.1 Separate records. The Recipient shall maintain separate records and documentation for the Project and keep all records and documentation for six (6) years after the final settlement of accounts referred to in Section 5.9 of this Agreement. Upon request, the Recipient shall submit to OMAFRA and any member of the Oversight Committee all records and documentation relating to the Project including, but not limited to, work authorizations, invoices, time sheets, payroll records, estimates and actual cost of the activities carried out pursuant to this Agreement, together with tenders and proposals, final measurements, payment certificates, change orders, correspondence, memoranda, contracts and amendments thereto which shall be maintained in accordance with Generally Accepted Accounting Principles. Page 11 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 7.2 Provide records to OMAFRA. The Recipient shall provide to OMAFRA and any member of the Oversight Committee, upon request and at the Recipient's expense (including but not limited to photocopying, electronic media, transportation and postage, associated staff time, information retrieval and other office expenses), all records and documentation (including invoice summaries and certified statement of final costs) of the Recipient and its auditors, contractors, project managers and Consultants relating to the Project or any other project(s) of the Recipient under the BCF -CC, or any other provincial program(s), for the purposes of cost reviews, audits and settlement, as may be required by OMAFRA, of the Project or any other project(s) of the Recipient under the BCF -CC, or any other provincial program(s). Such material shall be provided in a form and manner satisfactory to OMAFRA and the Oversight Committee, as applicable. 7.3 External auditor. OMAFRA may require the assistance of an external auditor to carry out an audit of the material referred to in Sections 7.1 and 7.2 of this Agreement. If so, the Recipient shall, upon request, retain an external auditor acceptable to OMAFRA at the Recipient's sole expense. The Recipient shall ensure that any auditor who conducts an audit pursuant to this section of the Agreement or otherwise, provides a copy of the audit report to OMAFRA for its consideration at the same time that the audit report is given to the Recipient. 7.4 Auditor General of Canada. The Auditor General of Canada, may, at the Auditor General's of Canada's cost, after consultation with Ontario, conduct an inquiry under the authority of Subsection 7.1 (1) of the Auditor General Act in relation to the use of funds under the agreement. For the purposes of facilitating such inquiry, the Recipient shall: a) be required to appoint Ontario as its agent for the purpose of any inquiry undertaken by the Auditor General of Canada with respect to the use of funds under this Agreement; b) release to Ontario upon request and in a timely manner, for the purpose of releasing to the Auditor General of Canada: all records held by the Recipient, or by agents or contractors of the Recipient, relating to this Agreement and the use of funds; and such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General may request relating to any part of this Agreement of the use of funds. 7.5 Information. The Recipient shall supply to OMAFRA, upon request, such information in respect of the Project and its results including without limitation all contracts and agreements related to the Project and all plans and specifications related to the Project, as OMAFRA may require. The Government of Ontario and the Federal Government, their respective agents and employees, including the Ontario Provincial Auditor's Office, shall be allowed access to the Recipient's premises and staff and to the Project site at all reasonable times to (i) inspect the progress and monitor the Project; (ii) perform cost reviews and audits on the Project; and (iii) confirm the results of the Project in terms of resolving the infrastructure problems that cause an immediate and serious problem for human health or the environment. 7.6 Information condition precedent for payment. If, in the opinion of OMAFRA, any of the information requirements of this Article are not met, OMAFRA may, in its sole discretion, require the information as a condition precedent to any payment in relation to the Project or any other project(s) of the Recipient under the BCF -CC, or any other provincial program(s) (either current or future). In addition, OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. Page 12 of 37 BCF -CC Contribution Agreement for Infrastructure Projects Filen 23943 8.1 Allowable Financial Assistance. Funds advanced to the Recipient prior to settlement in accordance with Section 5.9 of this Agreement shall not be construed as a final determination of the amount of Financial Assistance applicable to the Project. Upon conducting a final cost review or audit of the Project, OMAFRA will determine the final amount of Financial Assistance on the Project (the "Allowable Financial Assistance The Recipient agrees to repay to OMAFRA, upon receipt of a written demand and within the period specified by OMAFRA, that portion of the total of the funds advanced that exceeds the Allowable Financial Assistance applicable to the Project, as determined by OMAFRA, as well as any funds used for a purpose other than that stated in the terms of this Agreement, as determined by OMAFRA. 8.2 Deduction of overpayment. OMAFRA may deduct any overpayment of Financial Assistance pursuant to Section 8.1 made on the Project from financial assistance payable on any other project(s) of the Recipient under the BCF -CC or any other provincial program(s) (either current or future). Any overpayment made on any other project(s) of the Recipient under the BCF -CC or any other provincial program(s) (either current or future) may in turn be deducted from Financial Assistance payable on the Project. 8.3 Interest on overpayment. OMAFRA reserves the right to demand interest on any overpayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then current interest rate charged by the Government of Ontario on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of,a written demand and within the period specified by OMAFRA. 9.1 Insurance. The Recipient represents and warrants that it has, and shall maintain in full force and effect for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than five million dollars ($5,000,000.00) per occurrence. The commercial general liability insurance policy shall include the following: (1) SECTION 8 OVERPAYMENT SECTION 9 INSURANCE AND BONDING the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (ii) a cross liability clause; (iii) contractual liability coverage; and (vii) a 30 day written notice of cancellation, termination or material change. 9.2 Proof of Insurance. The Recipient shall provide OMFRA with certificates of insurance, or other proof as may be requested by OMAFRA, that confirms the insurance coverage Page 13 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 as provided for in Section 9.1. Upon the request of OMAFRA, the Recipient shall make available to OMAFRA a copy of each insurance policy. 9.3 Bonding. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained in full force and effect during the term of this Agreement: a) a performance bond in the amount of 100% of the contract price for any construction Contract related to the Project and which is for an amount greater than $150,000.00 covering the performance of that construction Contract and the correction of any deficiencies; and b) a labour and material payment bond in the amount of 50% of the contract price for any construction Contract related to the Project and which is for an amount greater than $150,000.00 covering the payment for labour, material or both. SECTION 10 INDEMNITY 10.1 indemnified Parties not liable. In no event shall the Indemnified Parties be liable for: a) any bodily injury, death or property damage to the Recipient, its employees, agents, or Consultants or for any claim, demand or action by any third party against the Recipient, its employees, agents, or Consultants, arising out of or in any way related to the Canada Ontario Building Canada Fund Communities Component Agreement or this Agreement or the Project; nor b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents, or Consultants arising out of or in any way related to the Canada Ontario Building Canada Fund Communities Component Agreement or this Agreement or the Project. 10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless the Indemnified Parties from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses (including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability for damages to property and injury to persons (including death) which the Indemnified Parties may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) the performance of this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure resulting from the Project; or (c) any omission or other wilful or negligent act of the Recipient, a third party, their respective employees, officers, servants or agents. 10.3 Further Indemnity. The Recipient further agrees to indemnify and hold harmless the Indemnified Parties, for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, which the Indemnified Parties may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) the performance of this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third Page 14 of 37 Where Project asset is sold, leased, encumbered or disposed of: Repayment of contribution (in current dollars) Within 2 Years after Project completion 100% Between 2 and 5 Years after Project completion 55% Between 5 and 10 Years after Project completion 10% 10 Years after Project completion 0% BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 party, and any of its officers, employees, servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure resulting from the Project; or (c) any omission or other wilful or negligent act of the Recipient, a third party, their respective employees, officers, servants or agents. SECTION 11 TRANSFER AND OPERATION OF INFRASTRUCTURE Transfer of ownership. Unless otherwise agreed to by the Senior Government, the Recipient will retain title to, and ownership of, the Infrastructure resulting from the Project for at least ten (10) years after the Project's completion. 11.2 Repayment. In the event that at any time within ten (10) years from the date of completion of the Project, the Recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in part, with the Financial Assistance contributed under the terms of this Agreement, other than to Canada, Ontario, a Local Government, or a Crown corporation of Ontario that is the latter's agent for the purpose of implementing this Agreement, the Recipient hereby undertakes to repay the Senior Government, on demand, a proportionate amount of the Financial Assistance, as follows: 11.3 Notice. At any time during the ten (10) years following the date of completion of the Project, the Recipient agrees to notify OMAFRA in writing of any transaction triggering the above mentioned repayment, at least one hundred eighty (180) days in advance. 11.4 Deduction from Financial Assistance. OMAFRA may deduct the amount of Financial Assistance to be repaid under Section 11.2 from Financial Assistance payable on any other project(s) of the Recipient under the BCF -CC or any other provincial program(s) (either current or future). 11.5 Revenue from Assets. The Recipient must identify to OMAFRA when a Project asset generates revenues that exceed its costs, including operating costs, alternative financing partnerships or public private partnerships costs and provisions for future life cycle costs and where the intent of revenue generation was not identified in the application. The Recipient must pay OMAFRA, upon request, that proportion of excess, that is the same percentage proportion as Canada's and Ontario's contribution was to the total cost of the Asset. This obligation will apply only to the first ten (10) complete Fiscal Years following the completion date of the Project. 11.6 Infrastructure Operation. The Infrastructure established with the Financial Assistance from OMAFRA shall be used, maintained and operated for a period of at least one half of the expected useful life of the asset after the completion of the Project as set out in Schedule "F". Any contravention of this provision shall give OMAFRA the right to adjust the Financial Assistance. Page 15 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 SECTION 12 CONFLICT OF INTEREST AND CONFIDENTIALITY 12.1 No conflict of interest. The Recipient and its Consultants and any of their respective advisors, partners, directors, officers, employees, agents and volunteers shall not engage in any activity or provide any services where such activity or the provision of such services creates a conflict of interest (actually or potentially in the sole opinion of OMAFRA) with the provision of services under this Agreement. The Recipient acknowledges and agrees that it shall be a conflict of interest for it to use confidential information of Her Majesty the Queen in right of Ontario that is relevant to the Project or otherwise where OMAFRA has not expressly authorized such use in writing. For greater certainty, and without limiting the generality of the foregoing, a conflict of interest includes a situation where anyone associated with the Recipient is able to benefit financially from the Project or where such•a person owns or has an interest in an organization that is carrying out work related to the Project. 12.2 Disclose potential conflict of interest. The Recipient shall disclose to OMAFRA without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 12.3 Freedom of Information and Protection of Privacy Act. The Recipient acknowledges that Government of Ontario is bound by the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended. SECTION 13 COMMUNICATION AND RECOGNITION 13.1 Licensed Marks. The Recipient acknowledges that Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of Ontario are, will be or may be the owner of certain distinguishing marks comprised of designs, trademarks and official marks which have come or will come to be associated with BCF -CC (all such current and future marks, being the "Licensed Marks 13.2 Acknowledgement in advertising and publicity. The Recipient agrees to acknowledge the Financial Assistance of the Senior Government to the Project in all advertising and publicity relating to the Project and in any construction signs and in any temporary or permanent tributes to Project donors by adhering to the Communications Requirements. 13.3 Use of Licensed Marks. In consideration of receiving the Financial Assistance, the Recipient agrees to use the Licensed Marks as follows: a) the Recipient agrees to strictly use the Licensed Marks only as prescribed by the Communications Requirements and not to use any other mark or trademark in combination with any of the Licensed Marks without the prior written approval of the BCF -CC Management Committee. The Recipient agrees that it will not alter, modify, dilute or otherwise misuse the Licensed Marks; b) the Recipient agrees to submit to the BCF -CC Joint Secretariat copies of any advertisements or promotional materials containing the Licensed Marks for approval prior to any use thereof and to remove therefrom either any reference to the Licensed Marks or any element that the BCF -CC Joint Secretariat may from Page 16 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 time to time upon reasonable notice designate; c) the Recipient agrees that it will not state or imply, directly or indirectly, that the Recipient or the Recipient's activities, other than those permitted by this Agreement, are supported, endorsed, or sponsored by the BCF -CC Joint Secretariat and upon the direction of the BCF -CC Joint Secretariat express disclaimers to that effect; and d) the Recipient agrees to promptly inform the BCF -CC Joint Secretariat of any suspected infringement of any Licensed Marks by a third party. 13.4 Cease using Licensed Marks. Whether or not the Recipient is in breach of this Agreement, forthwith upon any receipt by the Recipient of a written direction from the BCF -CC Joint Secretariat, the Recipient shall cease using the Licensed Marks, and without limiting the generality of the foregoing, will remove all signage and remove from circulation any use or reference to the Licensed Marks. 13.5 Indemnity. The Recipient hereby indemnifies the Indemnified Parties against any and all claims for death, illness, personal injury, property damage, improper business practices, or loss of any kind where such claims are in whole or in part premised upon the Recipient's use of the Licensed Marks. SECTION 14 COVENANTS, REPRESENTATIONS AND WARRANTIES 14.1 Covenants, representations and warranties. The Recipient covenants, represents and warrants to the Government of Ontario that: it is conducting and shall conduct its business in compliance with all applicable federal, provincial and municipal laws, and all rules, regulations, by -laws, notices, orders and approvals; it is conducting and shall conduct its business in compliance with all federal requirements as outlined in Schedule "E;" c) it has authority and any necessary approval to enter into this Agreement and to carry out its terms; d) it has or will apply for all permits, approvals, and licenses which are required in order to carry out the Project including, but not limited to, any approvals lawfully required under the Planning Act (Ontario), the Building Code Act, 1992 (Ontario), the Highway Traffic Act (Ontario), the Public Transportation and Highway Improvement Act (Ontario), the Bridges Act (Ontario) and the Environmental Laws; e) it validly exists as a legal entity with full power to perform and observe all of the terms and conditions of this Agreement; f) where applicable, it has passed by -laws required to undertake the Project; g) it is now and will continue to be compliant with all Environmental Laws; h) it owns or has a long -term lease (inclusive of any renewals) for the lands on Page 17 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 which the Infrastructure is or will be located that expires no earlier than ten (10) years following Project completion; provided that the Recipient is not a municipality or a Crown Agency, A. it is not a non resident of Canada within the meaning of the Income Tax Act (Canada); B. is either a corporation, a partnership or a sole proprietorship validly in existence; and C. is registered and qualified to do business wherever necessary to carry out the Project; j) it has the experience, financial health and ability to carry out this Project; k) if the Recipient is a Local Government or a Crown Agency, it has the requisite legislative authority to carry out the Project; I) other than the Financial Assistance being provided pursuant to this Agreement, the Recipient has not and will not use any funds received from Her Majesty the Queen in right of Ontario or a Crown Agency towards any aspect of the Project. Notwithstanding the foregoing, the Recipient may use funds received from the Northern Ontario Heritage Fund for the purposes of carrying out the Project; and m) all information provided during the BCF -CC application process remains true, correct and complete in every respect except as set out to the contrary herein. n) all Third Parties will be required to comply with all of the same. 14.2 Representations and warranties true condition precedent for payment. Upon request, the Recipient shall provide OMAFRA with proof of the matters referred to in this Article. It is a condition precedent to any payment under this Agreement that the representations and warranties under this Section are true at the time of payment and that the Recipient is not in default of compliance with any terms of this Agreement. Where this is not the case, OMAFRA may, in its sole discretion, adjust the Financial Assistance for the Project. SECTION 15 DEFAULT, ENFORCEMENT AND TERMINATION 15.1 Event of Default. Each and every one of the following events is an "Event of Default a) if in the opinion of the Government of Ontario, the Recipient fails to conform or comply with any term or covenant contained in this Agreement to be performed or complied with by the Recipient; b) if in the opinion of the Government of Ontario any representation or warranty made by the Recipient in this Agreement or any certificate delivered to the Government of Ontario pursuant hereto shall be materially untrue in any respect; c) if an order shall be made or an effective resolution passed for the winding up, or Page 18 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved or ceases to carry on its operation; d) if the Recipient uses any of the Financial Assistance for a purpose not authorized by this Agreement without the prior written consent of the Government of Ontario; e) if the Recipient admits in writing its inability to pay its debts generally as they become due, voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt, makes an assignment for the benefit of its creditors, or a receiver or manager, court appointed or otherwise, is appointed for its assets or if the Recipient takes the benefit of any statute from time to time in force relating to bankrupts or insolvent debtors; f) if in the opinion of the Government of Ontario a material adverse change occurs such that the viability of the Recipient as a going concern is threatened in the opinion of the Government of Ontario, acting reasonably; g) if in the opinion of the Government of Ontario the Recipient ceases to operate; h) if the Recipient fails to begin the Project within six (6) months after the date of this Agreement, or, in the opinion of the Government of Ontario, the Recipient has failed to proceed diligently with the Project or abandons the Project in whole or in part, or the Recipient is otherwise in default in carrying out any of the terms, conditions or obligations of this Agreement, except where such failure is due to causes which, in the opinion of the Government of Ontario are beyond the control of the Recipient; i) if the Recipient has submitted false or misleading information to OMAFRA; or j) the Recipient and /or any of its Consultants and/or any of their respective advisors, partners, directors, officers, employees, agents and volunteers has breached the requirements of Section 12 (Conflict of Interest and Confidentiality). 15.2 Waiver. OMAFRA may, at any time, waive any Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall be deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from OMAFRA. 15.3 Remedies on default. Notwithstanding any other rights which the Government of Ontario may have under this Agreement, if an Event of Default has occurred, the Government of Ontario shall have the following remedies provided only that in the case of an Event of Default which, in the opinion of OMAFRA in its sole discretion, is curable, OMAFRA has first given written notice of the Event of Default to the Recipient and the Recipient has failed to correct the Event of Default within 30 days or such period of time as OMAFRA may consent to in writing: a) OMAFRA shall have no further obligation to provide any Financial Assistance for the Project; b) the Government of Ontario may, at its option, terminate this Agreement and OMAFRA may, in its sole discretion, adjust the Financial Assistance. The total Page 19 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 amount of Financial Assistance shall be immediately due and payable by the Recipient and bear interest at the then current interest rate charged by the Government of Ontario on accounts receivable; and c) the Government of Ontario may avail itself of any of its legal remedies that it may deem appropriate. 15.4 Additional remedies. In addition to the remedies described in Section 15.3, the Government of Ontario may commence such legal action or proceedings as it, in its sole discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of the Government of Ontario hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to the Government of Ontario. 15.5 Termination without cause. Notwithstanding anything else contained herein, the Government of Ontario reserves the right to terminate this Agreement without cause upon such conditions as the Government of Ontario may require, with a minimum of seven (7) days written notice to the Recipient. If the Government of Ontario terminates this Agreement prior to its expiration, the Government of Ontario, subject to all of the Government of Ontario's rights under this Agreement, including, without limitation, OMAFRA's right to adjust the Financial Assistance prior to its expiration, shall only be responsible for the payment of Financial Assistance on the portion of the Project completed and Eligible Costs already incurred and paid at the time of such termination provided that the Recipient provides a report to OMAFRA that meets the requirements of a Progress Report. Such report must be received by OMAFRA within three (3) months of notice of termination being given to the Recipient pursuant to this Section. SECTION 16 NOTICE 16.1 Notice. Any demand, notice or communication to be made or given hereunder shall be in writing and may be made or given by personal delivery or mailed by first class registered mail, postage prepaid or by transmittal by facsimile, telecopy, email or other electronic means of communication addressed to the respective parties as follows at the addresses set out in Schedule "F" attached hereto or to such other person, address, facsimile number, telecopy number or email address as either party may from time to time notify the other in accordance with this Section. Any demand, notice or communication made or given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof. Any demand, notice or communication made or given by facsimile, email or other electronic means of communication, if made or given at a time when it would be received by the Recipient during its normal business hours on a Business Day, shall be deemed to be received at the time it is sent; otherwise, such electronic communication shall be deemed to be received on the first Business Day following the transmittal thereof. Any demand, notice or communication mailed by registered mail shall be deemed to have been received on the third Business Day following the day on which it was mailed. 16.2 Representatives. The individuals identified pursuant to Section 16.1 above will, in the first instance, act as the Government of Ontario's or the Recipient's, as the case may be, representative for the purpose of implementing this Agreement. Page 20 of 37 BCF -CC Contribution Agreement for Infrastructure Projects Mile# 23943 SECTION 17 MISCELLANEOUS 17.1 Terms binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents and the Consultant shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all covenants, representations and warranties set out herein. The Recipient shall include in all of its Contract(s) terms and conditions similar to and not less favourable to the Government of Ontario than the terms and conditions of this Agreement to the extent that they are applicable to the work subcontracted, including but not limited to the requirements of Section 7.4 of this Agreement. 17.2 Time is of the essence. In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. The Government of Ontario shall not be liable for any liquidated damages as a result of working days extensions. 17.3 Successors and assigns. This Agreement shalfensure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 17.4 Severability. The validity or enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions hereof and such invalid or unenforceable provisions shall be deemed to be severable. 17.5 No waiver. The failure by the Government of Ontario to insist in one or more instances on performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver of the Government of Ontario's right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 17.6 Division of Agreement The division of this Agreement into schedules, articles, sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. 17.7 Governing law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 17.8 Survival. The following schedules, sections and provisions of this Agreement shall survive the expiration or early termination hereof: Section 4 (Financial Assistance), Section 6 (Reporting Requirements), Section 7 (Records and Audit), Section 8 (Overpayment), Section 10 (Indemnity), Section 11 (Transfer and Operation of Infrastructure), Section 12 (Conflict of Interest and Confidentiality), Section 13 (Communications and Recognition), Section 14 (Covenants, Representations and Warranties), Section 15 (Default, Enforcement and Termination), Section 5.8 (Long -term capital management plan) and Section 17.11 (Interest) of Schedule "A"; Schedule "E Schedule "F" (useful life of Project Infrastructure); and Schedule "G" (the Recipient's obligation to maintain a permanent plaque in cases where it is necessary to install a permanent plaque). 17.9 No assignment. This Agreement shall not be assigned by the Recipient. The Government of Ontario may assign this Agreement on written notice to the Recipient. Page 21 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 17.10 No Amendment. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Province and the Recipient. 17.11 Interest. OMAFRA reserves the right to demand interest on any repayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then current interest rate charged by the Government of Ontario on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by OMAFRA. 17.12 Ministry and Recipient independent. Nothing in this Agreement shall be deemed to constitute the Recipient an employee, servant, agent, partner of or in joint venture with the Government of Ontario for any purpose whatsoever. 17.13 Recipient cannot represent the Senior Government. The provision of Financial Assistance to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, carrying out the Project. The Recipient warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of the Government of Ontario and/or the Federal Government. The Recipient acknowledges and agrees that it is not by the terms of this Agreement or otherwise, granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the Government of Ontario and /or the Federal Government, to act as an agent of the Government of Ontario and /or the Federal Government, or to bind the Government of Ontario and /or the Federal Government in any manner whatsoever other than as specifically provided in this Agreement. 17.14 Consultants. The Government of Ontario acknowledges that, in connection with carrying out the Project, the Recipient may engage one or more Consultants. The Government of Ontario acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents or Consultants, including their hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient's employees, agents and Consultants and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 17.15 Lobbyists and Agent Fees. The Recipient warrants that any person hired, for payment, or to speak or correspond with any employee or other person representing the Recipient, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required pursuant to the Lobbying Act, as amended, is registered pursuant to that Act. The Recipient also warrants that it has not and nor will it make a payment or other compensation to any legal entity that is contingent upon or is calculated upon the contribution hereunder or negotiating the whole or any part of the terms of this Agreement. 17.16 Cooperation. The Government of Ontario and the Recipient agree to cooperate with one another and will be frank, candid and timely when dealing with one another and will endeavour to facilitate the implementation of this Agreement. 17.17 Data. The Recipient agrees that the Government of Ontario may, in its sole discretion, gather and compile information and data required under this Agreement and disclose such information and data to the Federal Government. Page 22 of 37 BCF -CC Contribution Agreement for infrastructure Projects File# 23943 17.18 Priority. Where there is a conflict between one or more of the schedules of this Agreement, the following order of priority shall apply: Schedule "A Schedule "C Schedule "B" and all other schedules. END OF GENERAL TERMS AND CONDITIONS Page 23 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 WORK DESCRIPTION: SCHEDULE "B" DESCRIPTION OF THE PROJECT BCF -CC FILE #23943 THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls proposes the capital expansion and renovation of the Lundy's Lane Historical Museum, a designated historical structure built in 1874. The project includes upgrading the existing building to current standards of accessibility and display, and creating a Visitor Centre for the War of 1812 and the Battle of Lundy's Lane in Niagara Falls. Further development of the Lundy's Lane Battlefield National Historic site, resulting in increased pedestrian access, improvements to interpretive trails and battlefield signage, parking and open space are a related part of this total project. A signature Gateway/Walkway will join two sides of the battlefield currently bisected by a major roadway, symbolizing 200 years of peace between Canada and the United States. Overall, this project will create an all- inclusive visitor experience on the Lundy's Lane Battlefield that merges the community's Historical Museum, a Battlefield Visitor Centre, self guided walking trails, the Battle Ground Hotel Museum and battlefield landmarks. Page 24 of 37 BCF -GC Contribution Agreement for Infrastructure Projects File# 23943 ELIGIBLE COSTS SCHEDULE "C" ELIGIBLE AND INELIGIBLE COSTS C.1. Subject to Section C.2, Eligible Costs will be all direct costs which are in OMAFRA's opinion properly and reasonably incurred and paid by the Recipient for an eligible investment under a contract for goods or services necessary for the implementation of the Project. Eligible Costs will include only the following: a) the capital costs of acquiring, constructing or renovating a tangible capital asset, as defined and determined according to Generally Accepted Accounting Principles; b) the costs of joint communication activities (press releases, press conferences, translation, etc.) and road signage recognition as described in Schedule "G c) all planning (including plans and specifications) and assessment costs such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services, to a maximum of 15% of total eligible costs or 15% of the federal contribution, whichever is less; d) the costs of engineering and environmental reviews, including environmental assessments and follow -up programs as defined in the Canadian Environmental Assessment Act and the costs of remedial activities; mitigation measures and follow up identified in any environmental assessment; e) the costs of Project related signage, lighting, Project markings and utility adjustments; f) costs of First Nations consultation process; g) the costs of developing and implementing innovative techniques for carrying out the Project; h) Recipient audit and evaluation costs as specified in this Agreement; i) other costs that, in the sole opinion of OMAFRA, are considered to be direct and necessary for the successful implementation of the Project and have been approved in writing prior to being incurred; and j) for Collaborative Projects the costs of planning, developing, and implementing: studies, strategies, or systems related to infrastructure integrated asset management, which may include software acquisition and implementation; (H) studies, strategies, or systems related to infrastructure demand management; (iii) feasibility studies for specific infrastructure Projects which at the time of the study are not being actively considered for funding under the BCF -CC; (1) Page 25 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 (iv) training directly related to an eligible subcategory; and (v) provincial long -term infrastructure plans. Collaborative Project costs may include incremental training, travel, salaries and other employee benefits of employees of the recipient directly engaged in these activities, as well as the costs of adapting methodologies and technologies, software acquisition and implementation, or other costs that are direct and necessary for the successful implementation of a Project and that have been approved in advance, and in writing, by the Oversight Committee. C.2. INELIGIBLE COSTS The following costs are ineligible for Financial Assistance: a) costs incurred before February 13, 2009; b) costs incurred after the Project completion date; c) the cost of developing a business case or proposal for funding; d) the cost of purchasing land and associated real estate and other fees; e) financing charges and interest payments on loans; f) leasing land, buildings, equipment and other facilities; g) general repairs and maintenance of a Project work and related structures, unless they are part of a larger capital expansion Project; h) services or works normally provided by the Recipient, incurred in the course of implementation of the Project, except those specified as eligible costs; i) the cost of any goods and services received through donations or in kind; j) employee wages and benefits, overhead costs or other direct or indirect operating, maintenance and administrative costs incurred by the Recipient, and more specifically costs relating to services delivered directly by permanent employees of the Recipient, or of a Crown corporation or corporation owned and controlled by the Recipient except as per Section B.1 j) and k) above or in cases where the Recipient can demonstrate value for money and that the costs are incremental; k) provincial sales tax and Goods and Services Tax, for which the recipient is eligible for a rebate, and any other costs eligible for rebates; I) costs associated with that portion of the works identified in Schedule "3" as being specifically excluded from the Project; and m) legal fees. Page 26 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 SCHEDULE "D" FINANCIAL ASSISTANCE Total Eligible Costs: $9,713,000 Federal Maximum Financial Assistance: $3,237,666 Ontario Maximum Financial Assistance: $3,237,666 Maximum Financial Assistance: $6,475,332 OMAFRA will hold back 10% of the Maximum Financial Assistance, the release of which shall be contingent on submission of the Recipient's Final Report detailing the progress and status of the Project and substantiating that the Project has been Substantially Performed. Such report must contain the information required in the Final Report as set out in Section 6.3 of Schedule "A" of this Agreement. OMAFRA is not obligated to pay interest on the holdback or any other payments under this Agreement. MINISTRY COLLABORATES WITH CLIENT ON AN APPROPRIATE PROJECT SCHEDULE Page 27 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 SCHEDULE "E" FEDERAL REQUIREMENTS OMAFRA and the Recipient agree to the following Federal Requirements: 1. The Recipient acknowledges and agrees that the amount of Financial Assistance being provided by OMAFRA is dependent on the Government of Ontario receiving funds for the Project from the Federal Government. Should the Government of Ontario not receive the funds it expects to receive in relation to the Project from the Federal Government, OMAFRA may, in its sole discretion, adjust the Financial Assistance being provided to the Recipient pursuant to this Agreement (including, without limitation, requiring repayment of Financial Assistance already paid to the Recipient). 2. The Recipient shall indemnify and hold harmless Canada, its officers, servants, employees or agents, from and against all claims and demands, loss, damages, costs, expenses, actions, suits or other proceedings by whomsoever made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner, based upon, occasioned by any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: a) the Project or the System; b) the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, employees and agents, or by a third party, its officers, employees or agents; c) any omission or other willful or negligent act of the Recipient, its employees, officers or agents; Except to the extent to which such claims and demands, losses costs, damages, actions, suits or other proceedings relate to the act or negligence of an officer, employee or agent of Canada in the performance of his or her duties. 3. The Recipient further agrees to indemnify and hold the Federal Government, its directors, officers, employees and agents, for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, which the Federal Government, its directors, officers, employees and agents may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful misconduct. 4. The Recipient acknowledges that the provisions of the Access to Information Act (Canada) and the Privacy Act (Canada) and regulations thereunder bind Her Majesty the Queen in right of Canada. 5. The Recipient acknowledges that the Federal Government is or will be the owner of certain distinguishing marks comprised of designs, trademarks and official marks in relation to BCF- CC (the "Federal Licensed Marks and the Recipient is subject to the requirements of Page 28 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 Section 13 (Communication and Recognition) of this Agreement, with appropriate changes, in relation to the Federal Licensed Marks. 6. No member of the House of Commons or of the Senate of Canada shall be admitted to any share or part of any contract, agreement or commission made pursuant to this Agreement or to any benefit arising therefrom. 7. Notwithstanding any provisions of this Agreement, all obligations of Canada incurred by virtue of this Agreement shall be subject to the Financial Administration Act (Canada). 8. All of the provisions of this Schedule "E" shall survive the expiration or early termination of this Agreement. 9. Pursuant to the requirements of the Canadian Environmental Assessment Act, the Recipient will follow the general environmental mitigation measures outlined in the document entitled "Screening under the Canadian Environmental Assessment Act" and any Project- specific environmental mitigation measures as communicated to the Recipient by the Federal Government. 10. The Recipient acknowledges and agrees that the Federal Government may, in its sole discretion, exercise OMAFRA's right to monitor the Project, perform audits and /or gather data pursuant to the terms and conditions of this Agreement. 11. The Recipient warrants that: a) it has not, nor has any person on its behalf, paid or provided or agree to pay or provide, to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise) that is dependant upon the execution of the Agreement or the person arranging a meeting with any Public Office Holder as defined in the Lobbying Act, b) it will not, during the term of this Agreement, pay or provide or agree to pay or provide to any person, directly or indirectly, a commission, contingency fee or any other consideration (whether monetary or otherwise) that is dependant upon the person arranging a meeting with any Public Office Holder; c) any person who, for consideration, directly or indirectly, communicated with or arranged a meeting with any Public Office Holder, in respect of any aspect of this Agreement,. prior to the execution of the Agreement, was in compliance with all requirements of the Act; d) any person who, for consideration, directly or indirectly, during the term of this Agreement and in respect of any aspect of this Agreement, communicates with or arranges a meeting with any Public office Holder will be in compliance with all requirements of the Act; and e) at all relevant time the Recipient has been, is and will remain in compliance with the Act. Page 29 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 Phone: 1- 888 -466 -2372 Fax: (519) 826 -4336 E -Mail: bcf.cc @ontario.ca (b) If to the Recipient: SCHEDULE "F" ADDITIONAL PROVISIONS The Government of Ontario and the Recipient agree to the following additional provisions: 1. Further to Section 16 of Schedule "A" hereto, notice can be given at the following addresses: (a) If to OMAFRA: Ministry of Agriculture, Food and Rural Affairs 1 Stone Road West, 4 Floor Guelph, Ontario N1G 4Y2 Attention: Dino Radocchia, Manager City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 E -Mail: hmonchalin @niagarafalls.ca Attention: Dean lorfida, Clerk 2. Other provisions: 3. Other Reporting Requirements: 4. Useful Life of Project Infrastructure: [i.e., no. of years] Page 30 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 Unless specified otherwise in Schedule "F for the purposes of this Schedule "G" the Recipient shall follow these communications requirements. Purpose of Schedule This Schedule describes the Recipient's responsibilities and financial obligations involved in the joint communications activities and products for the Project to recognize the contributions of the Government of Canada, the Government of Ontario and the Recipient. General Principles SCHEDULE "G" COMMUNICATIONS REQUIREMENTS The Recipient agrees to work with BCF -CC officials and other partners to undertake communication activities for the Project in an open, effective and proactive manner, ensuring equal recognition of all parties making a significant financial contribution to the Project. All parties making a significant financial contribution to the Project will receive equal recognition and prominence when logos, symbols, flags and other types of identification are incorporated into events, signs and plaques unless the BCF -CC Joint Secretariat specifies otherwise. All events, signs and plaques will follow these Communications Requirements and any other requirements that may be specified by the BCF -CC Joint Secretariat from time to time. Both official languages will be used for public information, signs and plaques in accordance with the Official Languages Act. The Recipient may produce information kits, brochures, public reports and Web pages providing information on the Project and Agreement for private- sector interest groups, contractors and members of the public. The Recipient will consult with the Governments of Canada and Ontario in preparing the content and look of all such material. All communications referencing the Governments of Canada and Ontario must be approved. Events The Recipient agrees that all Project related milestone events, such as groundbreaking and ribbon cutting ceremonies, will be organized in cooperation with the Governments of Canada and Ontario and any other parties making a significant financial contribution to the Project. The Recipient will coordinate a mutually agreeable venue, date and time for the event in light of the availability of all participants. Unless agreed to in advance, no event should take place without at least fifteen (15) working days' notice to all Parties. The Recipient may invite other elected officials and members of council. The Recipient should also invite local interested parties, such as contractors, architects, labour groups, and community leaders as early as possible, and in consultation with the Governments of Canada and Ontario, prior to the event. Page 31 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 All written communications (invitations, public service announcements, posters, etc.) must indicate that the Project received Financial Assistance from the Governments of Canada and Ontario under the BCF -CC. The Governments of Canada and Ontario will assist the Recipient in developing an agenda, news release, etc. All parties will approve and receive final copies. Federal, provincial and municipal flags should also be on display at all BCF -CC events. The Table of Precedence for Canada, as established by Canadian Heritage (http: /www.pch.gc.ca /pgm /ceem- cced /prtcl /precedence- eng.cfm), or some other mutually acceptable protocol should be respected. Signs and Plaques The Recipient agrees to produce and install temporary and permanent Project signage to communicate the nature of the Project and the involvement of the Governments of Canada and Ontario and the Recipient, as outlined in the BCF -CC Style Guide. Generally, the Recipient must ensure that signage wording is in both official languages; the Government of Canada can provide French translation services; official designs and logos of the Governments of Canada and Ontario and the Recipient are used, are of the same size and occupy the same amount of space; and, any other message, as well as specifications on signage and timeframe for installation, are approved by the BCF -CC Joint Secretariat. The Recipient must ensure that proofs of all Project signs and plaques are approved by the BCF -CC Joint Secretariat before installation. A BCF -CC Style Guide and digital templates will be made available on the BCF -CC website at www.BCFontario.ca. For more information, please contact the BCF -CC Joint Secretariat at 1- 888- 466 -2372. Eligible Costs The Recipient will pay the costs of preparing and delivering communications activities and products, including the organization of special events and the production of signage. These costs are deemed to be Eligible Costs under the Agreement as specified below. For the purposes of events, Eligible Costs include the following: Printing and mailing invitations Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks Draping for plaque unveiling Project material for display and /or media kit Temporary signage Rentals such as: flagpoles stage Page 32 of 37 BC- -CC Contribution Agreement for Infrastructure Projects File# 23943 chairs podium PA system The cost of certain items such as alcoholic beverages, china, tents, waiters, guest mileage or transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible Costs. For the purposes of signage, Eligible Costs include the following: Maximum costs of $2,250 for a small sign and $4,250 for a large sign Maximum costs of $2,500 for a permanent plaque Page 33 of 37 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 Canad ®a Recipient Name: File Number: Contract Status: Prepared By: Phone Number: Report Date: SCHEDULE "H" EXPENDITURE REPORT Building Canada Fund Communities Component (BCF -CC) Fonds chantiers Canada Ontario Le volet Collectivites (FCC -VC) RECIPIENT EXPENDITURE REPORT Lr Ontario NOTES: 1) Please only include Net Eligible Expenditures --total eligible costs net GST 2) If the project could not be completed within the timeframes of the program, please enter cost forecasts in the last quarter of the program 3) Previously reported information is provided for you. Should the information have changed, please provide the revised expenditures along with an explanation of the change Page 34 of 37 Quarter (Apr l June) 0102 (July Sept) (Oct 03 .(Jan :M. rch)f 04 200 /fl0 tea; F 1 1 n 200314 20:1 15 21516 BCF -CC Contribution Agreement for Infrastructure Projects File# 23943 Canad ®a Recipient Name: File Number: Contract Status: Prepared By: Phone Number: Report Date: SCHEDULE "H" EXPENDITURE REPORT Building Canada Fund Communities Component (BCF -CC) Fonds chantiers Canada Ontario Le volet Collectivites (FCC -VC) RECIPIENT EXPENDITURE REPORT Lr Ontario NOTES: 1) Please only include Net Eligible Expenditures --total eligible costs net GST 2) If the project could not be completed within the timeframes of the program, please enter cost forecasts in the last quarter of the program 3) Previously reported information is provided for you. Should the information have changed, please provide the revised expenditures along with an explanation of the change Page 34 of 37 BCF -CC Contribution Agreement for infrastructure Projects File# 23943 Canad °a SCHEDULE "I" PROGRESS REPORT Building Canada Fund Communities Component (BCF -CC) Fonds chantiers Canada Ontario Le volet Collectivites (FCC -VC) Communications Requirements Besoins en matiere de communication Issues Points A souligner Progress Report Rapport sur I'etat d'avancement des travaux r �7 V" Ontario Report Rapport n° of de File Dossier n° Project Start Date Date de debut du projet Project End Date Date de fin du projet Recipient Name Nom de la beneficiaire Estimated of Project Completion Estimation du pourcentage des travaux realises Description of Activities During this Period Description des activites pendant cette periode: /0 Signature Signature: Date Date: Page 35 of 37 co co CC 0 0 cod ti 4 c 0 J Q q F 0 w 7 C 0 a To 0 E U E o E 's N N N N Q m m E v o a o W 0 J cc 00 1- 1- U 0 fr a> LU za 64 N 0 0 c m cn 03 E ry b c CITY OF NIAGARA FALLS By -law No. 2009 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6 day of April, 2009. 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 6"' day of April, 2009 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. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this sixth day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 6, 2009 April 6, 2009 April 6, 2009