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2010/10/04COUNCIL MEETING Monday, October 4, 2010 Order of Business and Agenda Package Niagara aIIs �CANA1)A PRAYER: Councillor loannoni COUNCIL MEETING October 4, 2010 ADOPTION OF MINUTES: Council Minutes of September 20 2010 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS Special Olympics Nation Summer Games Robyn Crandall will be recognized at Council for three Gold medals at the Special Olympics National Summer Games which were held July 12- 18, 2010. Niagara Falls Jacket Cellar Falcons Major PeeWee Baseball Team The Niagara Falls Jacket Cellar Falcons Baseball Team will be recognized for winning the Ontario PeeWee Ontario Baseball Association Championship.. The Team: Tyler Wood, Brady Johnson, Jordan Hiltz, Alex Matovic, Joe Scaringi, Brendan Shannon, Daniel Schmahl, Jordan Politi, Lucas Revill, Tanner Mills, Corey Sheehan, Ethan Claydon, Jaret Chipman, Michael Brettell Coaches: John Hiltz (Head Coach), Bob Pysher (Assistant Coach). John Morse (Assistant Coach) and Darren Schmahl (Assistant Coach). 2 Buckner`s Niagara Falls Falcons Sr. Rookie Baseball Team The Niagara Falls Falcons Sr. Rookie Baseball Team will be recognized at Council for winning the Ontario Baseball Association Provincial Championships. The Team: Leif Burciul, Owen Diodati, Kyle Fortuna, Noah Fortuna, Willy Jackman, Evan Johnston, Lucas Lafortune, Dennis Lescombe, Mason McRae, Anthony Stranges, Ryan Todd, Andrew Waters Coaches: Ryan Diodati ( Head Coach), Mark Fortuna ( Manager) Assistant Coaches: Bill Jackman, Mike McRae, Rich Tanos and Al Todd Niagara Falls Falcons Major Bantam Team The Niagara Falls Falcons Bantam Team will be recognized for winning the 2010 Ontario Baseball Association Bantam "A" Championships held in the Thornhill/Vaughan area. The Team: Dan "Tooth" Boekestyn, Eric Breedon, Blake Desrochers, Jakob Hart, Tyler "TK" Kelly, Matt Kohli Blake "Rook" Mezzarobba, Andrew Quast, Evan "Night train" Simon, Joseph "Salt" Sottile, Trevor Want, Keanan "V -Dub" Wilson, Campbell "Soup" Zeifert Coaches: Randy Luciano (Head Coach), Shawn Somerville, Paul Zeifert, Kyle Hart UNFINISHED BUSINESS A presentation by the Downtown B.I.A. will take place on the value of the archways, sound system and Downtown Steering Committee. PLANNING MATTERS Public Meeting 26CD -11- 2010 -02, Draft Plan of Vacant Land Condominium Block 120, Plan 59M -379 Owner: 800460 Ontario Limited Agent: Matthews, Cameron - Kerry T. Howe Surveying Ltd. Proposal: 40 Unit Vacant Units for Townhouse Dwellings Background Material: Recommendation Report: PD- 2010 -83 3 Public Meeting AM- 2010 -015, Zoning By -law Amendment Application 6590 and 6592 Dunn Street Applicant: City of Niagara Falls Preservation of Heritage House ( Spence Weaver House) Background Material: Recommendation Report: PD- 2010 -84 -AND- Correspondence from Enbridge Public Meeting SBA - 2010 -002, Sign By -law Amendment Application Applicant: City of Niagara Falls Banners on Public Property Recommendation Report: PD- 2010 -73 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. BOOST Child Abuse Prevention & Intervention - Request that Council proclaim October as "Child Abuse & Neglect Prevention Month" and October 1S 2010 as Go Purple for Prevention Day. RECOMMENDATION: For the Approval of Council 2. Correctional Service Canada - Request that November 14 - November 21s 2010 be proclaimed as "Restorative Justice Week" in the City of Niagara Falls RECOMMENDATION: For the Approval of Council 3. Canadian Diabetes Association - Request that the month of November be proclaimed as "Diabetes Awareness Month" and November 14 2010 as "World Diabetes Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council - 4 - 4. Niagara Falls Public Library - Request that October 17 -23, 2010 be proclaimed as "Public Library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 5. CUPE -SCFP - Request that October 27 2010 be recognized proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 6. Early Years Niagara - Request that Council proclaim November 20, 2010 as "National Child Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 7 Hospice Week - Request that the Week of October 9 - 15, 2010 be proclaimed as " International Hospice Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS 1. Chief Administrative Officer HR- 2010 -10, Council Salary Increases - 2010 * * * ** RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 5 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2010 -11, Purchase of Office Products MW- 2010 -61, Lundy's Lane Battlefield Sculptures MW- 2010 -27, Bulk Sodium Chloride (Road Salt) Tender 2008 -T -29 TS- 2010 -48, Historic Drummondville Parking Study - Consultant Selection RESOLUTIONS 1 THEREFORE BE IT RESOLVED that the Minister of Health and the College of Physicians and Surgeons of Ontario be petitioned to bring forward legislation making it mandatory for Methadone Maintenance Treatment providers to engage in a community consultation process as outlined in the Centre for Addiction and Mental Health's Methadone Maintenance Treatment, a Community Planning Guide. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2010 -149 A by -law to amend By -law No. 2008 -224, being a by -law to prohibitor regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. 2010 -150 A by -law to amend By -law 2010 -137, a by -law to establish the Niagara Compliance Audit Committee. 2010 -151 A by -law to authorize the Mayor and Clerk to execute an agreement with Grand and Toy Limited for office supplies. 2010 -152 A by -law to amend By -law No. 79 -200, to guide the development of the Deerfield Estates Phase 9 plan of subdivision on the Lands, subject to the removal of a holding (H) symbol on a portion of the Lands. 2010 -153 - 6 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Through Highways, Stop Signs at Intersections, Yield Signs at Intersections). 2010 -154 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4 day of October, 2010. NEW BUSINESS Community Services Department Recreation & Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 cc. Dean Iorfida, Kathy Moldenhauer S:\Awards\2010\Robyn Crandall - Special Olympics National Summer Games - gold medals - Oct 4, 2010. Niagaraaalls C „ i 17 1 DATE: October 4, 2010 RE: Awards at Council - Monday, October 4, 2010 Robyn Crandall - Special Olympics National Summer Games - Gold Medalist This summer, Niagara Falls member of the Ontario Provincial Swim Team, Robyn Crandall, won an amazing three gold medals and stepped up to the podium a total of five times at the Special Olympics National Summer Games. Robyn won gold medals in the 25 m freestyle, 50 m butterfly and 4 X 50 m freestyle relay. She also swam her way to a silver medal in the 50 m freestyle and a bronze in the 200 m freestyle. This was Robyn Crandall's first time competing in the National competition, which was held in London, Ontario during the period of July 12 - 18, 2010. Robyn is now awaiting news to find out if she has qualified for the World Games scheduled to take place in Athens, Greece, next summer. Robyn Crandall continues to train at the MacBain Community Centre with a combination of swimming, weight training and cardio- vascular exercise. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Community Services Department Recreation and Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Awards at Council - Monday, October 4, 2010 Niagara Falls Jacket Cellar Falcons Major PeeWee Baseball Team Ontario Baseball Association Champions Members of the Championship Team are listed below: Tyler Wood # 2 Alex Matovic # 8 Daniel Schmahl # 11 Tanner Mills # 14 Jaret Chipman # 20 cc. Dean Iorfida, Kathy Moldenhauer Brady Johnson # 3 Joe Scaringi # 9 Jordan Politi # 12 Corey Sheehan # 15 Michael Brettell # 34 S:\Awards\2010 \OBA Champs - NF Falcons Major PeeWee Team - Oct 4, 2010.wpd Jordan Hiltz # 6 Brendan Shannon # 10 Lucas Revill # 13 Ethan Claydon # 16 NiagaraFaIls DATE: October 4, 2010 Over the Labour Day weekend the Niagara Falls Jacket Cellar Falcons Baseball Team won the Major PeeWee Ontario Baseball Association Championship. They are now celebrating back to back Ontario Championships. Last year, this team won the Minor PeeWee Provincial Championship and they continued this year with the winning formula of great pitching, great defence and timely hitting. The Niagara Falls Falcons Major PeeWee Team had a successful season, winning the Niagara District regular season and playoffs without a loss. They had a combined record of 24 - 0 scoring an amazing 341 runs for - and only giving up 27. The team finished with an overall record of 48 -10 -1, which included an 11 -5 record in the Boys of Summer League in the United States and an undefeated 6 -0 record to win the Provincial Championship. A truly amazing accomplishment for an amazing group of boys. Congratulations to the Niagara Falls Jacket Cellar Falcons Major PeeWee Baseball Team for this second Ontario Baseball Association Championship! Coaches: John Hiltz (Head Coach), Bob Pysher, (Assistant Coach), John Morse, (Assistant Coach) and Darren Schmahl, (Assistant Coach). Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Community Services Department Recreation and Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 Niagaraaalls DATE: October 4, 2010 RE: Awards at Council - Monday, October 4, 2010 Buckner's Niagara Falls Falcons Sr. Rookie Baseball Team - OBA Champions The Buckner's Source for Sports Niagara Falls Falcons Sr. Rookie Baseball Team traveled to Tecumseh over the Labour Day weekend to compete and win the Ontario Baseball Association Provincial Championship. In their first game, the Falcons team faced the defending provincial Champions from North London on the Friday afternoon and they lost a hard fought battle that was decided in the last inning by a score of 7 -6. The Falcons went on to face Sarnia and Clarington. Niagara soundly defeated both teams with a balance of strong defensive play and an explosive offence. The next day, the Falcons sent Richmond Hill packing and then headed to the final round to face the same North London team that had defeated them on Friday. Against North London, both teams made great defensive plays but the Falcons were behind 2 -0. With one at bat, the Falcons scored two runs, forcing the game into extra innings. The Falcons went on to beat the North London squad 7 -2 after one extra inning. The second game was the deciding game for the Provincial title. The Falcon's bats came alive and their stellar defense continued. The Falcons jumped to an early lead and then never gave up. The Falcons defeated the North London team 15 -5 after 5 innings, with a mercy rule. Congratulations to the Ontario Baseball Champions - Buckner's Niagara Falls Falcons Sr. Rookie Baseball Team. Members of the Provincial Champions: Leif Burciul Owen Diodati Kyle Fortuna Noah Fortuna Willy Jackman Evan Johnston Lucas Lafortune Dennis Lescombe Mason McRae Anthony Stranges Ryan Todd Andrew Waters Ryan Diodati, (Head Coach), Mark Fortuna (Manager) Assistant Coaches: Bill Jackman, Mike McRae, Rich Tanos and Al Todd. cc. Dean Iorfida, Kathy Moldenhauer S:\Awards\2010 \OBA Champs - NF Falcons Senior Rookie Baseball Team - Oct 4, 2010.wpd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Community Services Department Recreation and Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Awards at Council - Monday, October 4, 2010 Niagara Falls Falcons Major Bantam Team - OBA Champions The Niagara Falls Falcons, representing Niagara Falls at the 2010 Ontario Baseball Association championships, had a weekend they will never forget. Over the Labour Day weekend, the Falcons Major Bantam Team won the 2010 Ontario Baseball Association Bantam "A" Championships held in the Thornhill/Vaughan area. In the double knockout tournament, after losing their first game to Stratford, they were forced to win six straight games to win the championship title. One of the most exciting games during the weekend, was when the boys came from behind, trailing 8 -1 against Stratford. It was the top of the second inning, and they looked like they were about to be mercied and thought this may be how they were going to end their season. Then, the catcher /team captain and head coach were ejected for arguing a tough call at the plate and there was a brief blackout in Vaughan. When the lights came back on, it seemed the entire team was sparked and the momentum switched. According to the coach, "the boys staged a rally worthy of a Hollywood script, scoring 3 runs in the 3rd inning and 6 more runs in the 4th inning to take a 10 -8 lead before adding 2 more runs on late to make it a 12 -8 final ". A clutch pitching performance ensured that the rally would stand and our season was miraculously extended to Sunday against all odds. With little drama on Sunday, the team steam - rolled to the championship. They beat out Sarnia 8 -0 in the morning, Birchmount 19 -3 in the afternoon and closed out the tournament by winning 11 -2 over Peterborough. The boys played their hearts out and enjoyed a weekend they will never forget. They were all proud to wear the Niagara Falls uniform and thrilled to bring home the O.B.A. Championship The Niagara Falls Falcons Major Bantam Team had quite the year: Finishing with a 43 -20 overall record 14 -6 record in Exhibition Games 8 -6 record in the "Boys of Summer" league based out of Western New York 14 -3 tournament record, with back to back tournament Championships in London and Dundas 1 -4 record in Sudbury at the Ontario Summer Games representing the Niagara region The Ontario Baseball Championship Team Members and Coaches are listed on the next page. Niagaraaalls DATE: October 4, 2010 .../2 Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Team Members (with number and nicknames in parentheses): #17 Dan "Tooth" Boekestyn #11 Eric Breedon #12 Blake Desrochers #6 Jakob Hart #2 Tyler "TK" Kelly #1 Matt Kohli #3 Blake "Rook" Mezzarobba #4 Andrew Quast #15 Evan "Night train" Simon #7 Joseph "Salt" Sottile #8 Trevor Want #10 Keanan "V -Dub" Wilson #19 Campbell "Soup" Zeifert Coaches: #14 Randy Luciano (Head Coach) #16 Shawn Somerville #63 Paul Zeifert #66 Kyle Hart cc. Dean Iorfida, Kathy Moldenhauer -2- S:\Awards\2010 \OBA Champs - NF Falcons Major Bantam Team - Oct 4, 2010.wpd (9/29/2010) Dean Iorfida - October 4th Council Meeting Page 1 From: Dean Iorfida To: mgrun @historicniagara.com; pwritchie @pwritchie.com CC: Bob Bolibruck; Toni Williams Date: 9/22/2010 4:14 PM Subject: October 4th Council Meeting Mordechai/ Phil: At the September 20th Council meeting, the following motions were on the floor for consideration: 1. That the Downtown Steering Committee be disbanded 2. That Council reconsider the expenditures on the arches and sound system until the Downtown BIA or staff can provide a report justifying the expenditures. The motion were deferred as it was argued that it would not be appropriate to consider the motions without you present. Based on the above, staff has reserved a spot on the Council's October 4th agenda for the Downtown BIA to make a presentation on the value and benefits of the archways and sound system expenditures and the Downtown Steering Committee. Please confirm your attendance by Monday of next week. If you have any questions, feel free to contact me. Thanks Dean Wednesday September 15, 2010 ATTENTION: Dean Iarfida, City Clerk Corporation of the City of Niagara Falls 4310 Oueen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. larfida: Niagara Board of Management At our BIA Board of Directors meeting of Monday September 13th, a motion was put forth, voted and passed unanimously, that Mr. Don Weaver and Mr. Phil Ritchie become members of the Steering Committee. If anything further is required please do not hesitate to contact the office. Sincerely, Toni Williams General Manager Office Location: 4691 Ontario Avenue 5667 Mailing Address: bia@niagarafallsdowntown.com P.O. Box 5 www.niagarafallsdowntown.com Niagara Falls, ON L2E 6S8 Tel: 905 -356 -5444 Fax: 905 -356- www.queenstreetniagarafalls.com PD- 2010 -83 Niagara October 4, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building and Development SUBJECT: PD- 2010 -83 26CD- 11- 2010 -02, Draft Plan of Vacant Land Condominium Block 120, Plan 59M -379 Owner: 800460 Ontario Limited Agent: Matthews, Cameron Heywood - Kerry T. Howe Surveying Ltd. Proposal: 40 Unit Vacant Land Units for Townhouse Dwellings RECOMMENDATION 1. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decisions has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant has submitted an application fora 40 unit Vacant Land Plan of Condominium. The subject land has already undergone an application process during the Fernwood Phase 2 Plan of Subdivision and conforms to all relevant planning policies. Planning staff has incorporated comments from the various internal departments and external agencies into the conditions of draft plan approval contained in Appendix 1. The application meets ail applicable planning policies and with a Minor Variance, will comply with the zone provisions. BACKGROUND Proposal The subject land is Block 120 in the Fernwood Phase 2 Plan of Subdivision, which is 1.67 hectares. This block was intended to serve for either townhouse dwellings or an apartment building. The Subdivision was registered in July, 2010 and the applicant is now in a position October 4, 2010 - 2 - PD- 2010 -83 to further subdivide Block 120 into smaller units (lots) along with common element components of the development such as roads, amenity areas and landscaping. Accordingly, the applicant has submitted an application for a Vacant Land Plan of Condominium consisting of 40 units. Surrounding Land Uses The subject land is within a recently registered Plan of Subdivision. The land uses immediately surrounding the subject land are undeveloped residential lots and blocks. Further to the north and west are agricultural land uses. There is also an active Canadian National (CN) Rail line further to the south. ANALYSIS Planning Process The proposed development is part of a recently registered Plan of Subdivision (Fernwood Estates Phase 2), which has proceeded through previous planning approvals and consultation with the public, including a public meeting and a Zoning By -law Amendment. The lands are zoned to permit the proposed townhouse dwellings. The Vacant Land Condominium process divides the property into units of land which are sold like lots or blocks in a typical Plan of Subdivision. Since the details of site design, site development and financial securities are addressed through the Condominium Subdivision Agreement, Site Plan Control is unnecessary. Also, since Block 120 was part of a broader planning process and was considered appropriate with respect to planning policies and matters such as compatibility, stormwater management and impact on natural heritage, the application is considered appropriate with respect to the above matters. Conditions of Approval The zoning on the subject land is Residential Low Density, Grouped Multiple Dwellings Zone with Exception (R4 -830). The site specific provisions require a minimum density of 39 townhouse dwelling units and a setback for the exterior rear wall of a townhouse dwelling of 7.5 metres. Planning staff has reviewed the draft plan and note that the front yard setback to Eagle Ridge Drive is deficient (6 metres required, 4.055 metres provided) and two units are in fact, semi - detached dwellings (this makes the total number of townhouse dwelling units 38). There may be other zoning compliance issues depending on the eventual orientation of the buildings on the individual units. This can be confirmed prior to registration of the plan of condominium. Planning staff has provided a condition that will require confirmation of zoning compliance and requires that the owner obtain a Minor Variance to rectify any compliance issues. Comments have been received from a number of internal departments as well as external agencies. In general, no department or agency objects to the proposed development, however, several departments /agencies requested certain conditions be included as part of draft approval of the development. All requests for conditions have been incorporated into Appendix 1. It should be noted that the Municipal Works Department has advised that a proper turn- around needs to be provided for the internal roads. A condition has been included to address this issue. This is also a pre- requisite for internal garbage pick -up, should the applicant chose to use the Region of Niagara for garbage pick -up. Furthermore, the October 4, 2010 - 3 - PD- 2010 -83 Ministry of Transportation (MTO) advised that part of the subject lands are within the 14 metre setback from the Future Highway 420 Designated corridor. They also advised that the Ministry will require a copy of a letter signed by a professional engineer confirming that the drainage of Block 120 conforms with the previously approved drainage report for the Fernwood Phase 2 Plan of Subdivision. MTO does not require any conditions as these items can be addressed at the building permit stage. Issues relating to stormwater management, traffic, and noise attenuation from the CN Rail line have already been addressed through the Fernwood Phase 2 development process. Some warning clauses in the Fernwood Phase 2 Subdivision Agreement will have to be incorporated into the Condominium Agreement. The application was circulated in accordance with the requirements of the Planning Act (sign posted on the subject property; notice mailed to property owners within 120 metres). As of September 24, 2010, there have been no comments from members of the public. FINANCIAL The proposed development will generate development charge contributions for the City. CITY'S STRATEGIC COMMITMENT The proposal provides for development as envisioned by the City's Official Plan and the approved Fernwood Phase 2 Plan of Subdivision. The proposed condominium adds to the choice of housing options available in the City. LIST OF ATTACHMENTS • Appendix 1 - Conditions of Draft Plan of Condominium Approval • Schedule 1 - Location Map • Schedule 2 - Draft Plan of Condominium Recommended by: Respectfully submitted: f Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chi f Admi D.Deluce:mb Attach. S: \PDR\2010 \PD- 2010 -83, Fernwood Block 120, Proposed 40 Unit Townhouse Dwellings.wpd trative Officer October 4, 2010 -4 APPENDIX 1 Conditions of Draft Plan of Condominium Approval PD- 2010 -83 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated July 22, 2010 and last revised August 24, 2010, showing 2 units for semi - detached dwellings and 38 units for townhouses as well as common element areas for private roadways and landscaping. 2. The developer submit to the City's Senior Zoning Administrator all necessary information, including but not limited to, elevation and landscaping drawings to confirm zoning compliance and, if necessary, pay the prescribed fee and obtain a Minor Variance to address all outstanding Zoning By -law issues. 3. The developer enter into a Condominium Subdivision Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Condominium Subdivision Agreement, they may be required to become party to the Condominium Subdivision Agreement for the purpose of enforcing such conditions. 4. The developer submit a Solicitor's Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 5. The developer submit all servicing plans including water, sanitary, stormwater, private driveway, landscaping, fencing, lighting and lot grading and drainage to Municipal Works for approval and inclusion into the Condominium Subdivision Agreement. 6. The developer shall construct all roadways in accordance to City standards, to the satisfaction of the Municipal Works Department. 7. All services within the subject lands shall be designed and constructed in accordance to City standards. It is understood that stormwater management for the above development has been accounted for through the Fernwood Estates Phase II subdivision application process, and that post - development flows shall be conveyed through the on -site stormwater collection system up to and including the 5 -year return storm. Any flows expected above the 5 -year return storm shall be conveyed overland towards Hendershot Boulevard and south into the existing Stormwater management facilities for the 100 -year storm event. 8. The lot grading design and construction shall be completed in accordance to City standards. 9. The developer shall provide to the City the proposed site servicing and grading scheme for the subject property for review and comment prior to approval of the Vacant Land Condominium plans for construction. 10. The developer's streetlight scheme shall be designed and constructed in accordance to City standards. October 4, 2010 - 5 - PD- 2010 -83 11. The developer pay the applicable development charges in place at the time of the Condominium Subdivision Agreement execution and building permit issuance in accordance with By -law No. 2009 -120, as amended. 12. The developer submit servicing plans indicating driveway dimension, turning radii and the location of fire hydrants(s) to the satisfaction of Fire Services. 13. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property. 14. Prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication/ telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication/ telecommunication infrastructure , the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication /telecommunication services for emergency management services (i.e. 911 Emergency Services). 15. The developer shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. 16. Bell Canada requires one or more conduits of sufficient size from each unit to the room(s) in which telecommunication facilities are situated and one or more conduits from the room(s) in which telecommunication facilities are located to the street line. 17. The developer shall provide a blanket easement to Bell Canada, if required. 18. The developer include in all offers of purchase and sale (or lease), a statement that advises the prospective purchaser: a. that the home /business mail delivery will be from a designated Centralized Mail Box (CMB); and b. that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding CMB locations, engineering servicing drawings, installation and providing mail service information to property owners. 20. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this condominium does not include a commitment of servicing allocation by the Region as this servicing allocation will be assigned at the time of final approval of the condominium for registration purposes. October 4, 2010 - 6 - PD- 2010 -83 21. The developer shall demonstrate that adequate access for curbside collection of waste is available. 22. If curb -side waste collection is to be provided by the Region, the Condominium Subdivision Agreement shall include a clause requiring the submission of detailed drawings showing the path the waste collection vehicle will travel through the site to collect waste and the locations of waste collection pad areas along the internal road to the Regional Public Works Department for review and approval. Furthermore, the Condominium Subdivision Agreement will require the developer and /or subsequent owner to agree to comply with the Region of Niagara's "Collection of Waste by Way of Entry of Private Property" Policy to the satisfaction of the Regional Public Works Department and enter into an Indemnity Agreement with the Regional Municipality of Niagara prior to any collection taking place. 23. Alternatively, if waste collection is not to be provided by the Region, the Condominium Subdivision Agreement shall contain a clause stating that waste collection will be the responsibility of the condominium corporation. The following warning clause shall be included in the in the Condominium Subdivision Agreement and inserted into all offers and Agreements of Purchase and Sale (or Lease): "Purchasers/Tenants are advised that due to the site layout, garbage pick -up for the development will be provided by the condominium corporation through a private contractor and not the Region of Niagara." 24. The Condominium Subdivision Agreement contain the noise mitigation provision sand warning clauses as provided in the registered subdivision agreement for the Fernwood Estates Phase 2 and recommended in the Preliminary Noise and Vibration Report prepared by Jade Acoustics, dated December 12, 2007 and an Environmental Noise Assessment prepared by Valcoustics, dated October 22, 2008 for Block 120, Plan 59M -379. 25. The Condominium Subdivision Agreement between the owners and the City of Niagara Falls and all offers and Agreements of Purchase and Sale (or Lease) contain the following warning clause: "The condominium development is in proximity to lands designated for agricultural uses and therefore may be subject to noise, odour and /or dust from nearby agricultural operations that may interfere with some activities of the future owners." 26. The Condominium Subdivision Agreement contain appropriate wording to the satisfaction of Enbridge Gas Distribution Inc. regarding the installation of gas service to the subject lands. 27. The developer provide the Planning and Development Department with letters from the Public Utilities (Bell Canada, Enbridge Gas Distribution Inc., Niagara Peninsula Energy Inc.) advising the developer has met all the Public Utility's requirements. 28. The developer provide five copies of the pre- registration plan for the condominium to Planning and Development. 29. The approval for this draft Plan of Vacant Land Condominium shall expire three (3) years from the date of draft approval. October 4, 2010 - 7 - PD- 2010 -83 Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: MO Bell Canada for Conditions 14 to 17 Canada Post for Conditions 18 and 19 Regional Niagara Public Works Department for Conditions 20 to 25 October 4, 2010 - 8 - SCHEDULE 1 PD- 2010 -83 Draft Plan of Vacant Land Condominium Block 120, Plan 59M -379 File No. 26CD -11- 2008 -02 Subject Land Location Map N September 2010 October 4, 2010 - 9 - SCHEDULE 2 PD- 2010 -83 0 1 13 8 194 ' s' v bs Y1e- \ 0 s 11 6 \ 26.3 s 8s 900( q I f BLOCK — Ya 117 2 „01 119 \ E OLO 'FUTURE " R ESIDENO AL ef. O6 0� ovisol°T lewd pouLgolw N y y-.rR) 6 L 01 / s/o U0 65 /• / / 01 / 63 / / Lo N / c 0 1 016 / / 01 Ea. 1 L o " KEY PLAN City Of Niagara Falls (not to scale) ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING ACT AND UNDER SECTION 9 OF THE CONDOMINIUM ACT 1998 (1)-AI SHOWN ON DRAFT RAM (s) -AB MgLWA ON DRIFT RAM (C) -A9 SHWA ON WAFT MO KEY RANG (0) -INS M A PROPOSED RESIDENTIAL OnTIOP1ENT OF 40 TCYMIOUIE 11Nrm 0R t1)-Al MONK CM DWI" RAN On -AS SHOWN aA DRAFT RAN (q -A1111/36040N DIWT RAM (t) -M.KICIPAL -W1OY O'ML (J)- IAPIIA1E CESEPALLY RAT ( O ) -ALL MII.ML I6MACE1 AVALAME W)-AS 11/001 ON MINT RAN LAND USE ANALYSIS NUMBER OF UNITS w TOTAL AREA OF SITE 1.87 Ho. UNITS PER HECTARE 23.93 PARKING 56 GARAGE SPACES 56 DRIVEWAY SPACES 0 VISITOR SPAfAS TOTAL =118 — denotes boundary of site Drtll Plan a Vaant Land CandWNnrlsn a BLOCK 120 PLAN 59M -379 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SCALE 1 : 500 Matthews, Cameron, Heywood - Kerry T. Howe SURVEYING UNITED LIN: 39124 2010 1EW Auywt 24. 2010 Ai 22. 2010 DAM 106 ..lea.. APPLICANT 1 HEREBY AUTHORIZE MAINERS, CAMERON, HEYWOOD - KERRY T. HOWE SURVEYING LIMITED TO SUBMIT THIS PLAN TO THE CITY OF NIAGARA FALLS FOR THEIR APPROVAL JULY 22, 2010 Date ... era Webs Mao eel orrr. OWNER'S CERTIFICATE I HEREBY AUTHORIZE MATTHEWS, CAMERON, HEYW000 - KERRY T. HOWE SURVEIING LIMITED TO SUBMIT THIS PLAN TO THE CITY OF NIAGARA FALLS FOR 11{06 APPROVAL JULY 22, 2010 Date By, rr Iv ) A �MMOY I SURVEYOR'S CERTIFICATE I HERESY CER11EY THAT THE BOUNDARIES OF THE LAND TO BE SUBWVIDED ARE CCRPECILY SHOWN. JULY 22, 2010 Date Aant araw. E.N Manes, CALERA lirw000'KurT.NONESUsm'U'Lm. YPny• -MR, 4••W W 0.A .M411 r.s0 •0re6 t411.1.e1.1. OC raa Omen By 811. ' aw..d By BAK eyianS4 0. iNmo.B OJ.rIMY ti%sfre PD- 2010 -84 Niagara,Falls October 4, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -84 AM- 2010 -015, Zoning By -law Amendment Application 6590 and 6592 Dunn Street Applicant: City of Niagara Falls Preservation of Heritage House (Spence Weaver House) RECOMMENDATION That Council approve the City- initiated Zoning By -law amendment to change the zoning of the lands to a site specific Residential Single Family and Two Family (R2) zone and thereby recognize the location of the existing dwelling and preserve the landscaped yard between the dwelling and Dunn Street. EXECUTIVE SUMMARY The proposed amendment involves two parcels. Parcel 1 is 6590 Dunn Street which contains the Spence Weaver House. The house was designated under the Ontario Heritage Act in 1978 for its architectural and historical importance to the City. The house is now owned by the Barclays. Parcel 2 is a vacant lot owned by the City (6592 Dunn Street) and is located between the Spence Weaver House and Dunn Street. Parcel 2 was declared surplus by the City in 2009 and plans are underway to sell the majority of it to the Barclays. Two smaller pieces are to be sold to the owners of 6580 and 6602 Dunn Street as minor boundary adjustments. The Official Plan supports the preservation of heritage properties. The proposed Zoning By -law amendment will: • limit the use of the whole of the lands to one detached dwelling and detached garage. • recognize the location of the dwelling and garage on the lands which have existed for a considerable time and achieved compatibility with the surrounding dwellings. • preserve the historical setting of the Spence Weaver House by preventing new buildings and structures from being erected between the dwelling and Dunn Street. BACKGROUND Proposal The City- initiated application is to change zoning of Parcels 1 and 2, as shown on Schedule 1, to a site specific R2 zone. Parcel 1 is 1054.3 square metres (0.26 acres) and contains the Spence Weaver House which is a designated heritage dwelling. The dwelling is known as 6590 Dunn Street even though the parcel fronts onto Leawood Court. Parcel 2 is 499.5 square metres (0.12 acres) and is currently a vacant lot owned by the City. Parcel 2 is known as 6592 Dunn Street. October 4, 2010 - 2 - PD- 2010 -84 assumed the ownership of Parcel 2. An agreement between the City and the owner of the Spence Weaver House allowed them to maintain Parcel 2 which preserved the lot as a landscaped area in front of the home. This also ensured that the home could continue to be viewed from Dunn Street as it had been historically. The agreement has been extended several times with various owners of the home. In 2009 City Council agreed in principle to sell the majority of Parcel 2 to the Barclays to ensure the historic view of the front of the house is preserved into perpetuity. The rezoning is the first step and will be completed before the sale is completed. The zoning of Parcels 1 and 2 is proposed to be changed to a site specific Residential Single and Two Family (R2) zone. The site specific zoning provisions will: 1) ensure that the majority of Parcel 2 (shown as, Parts 1 and 5 on Schedule 2) will be maintained as a landscaped yard; and 2) recognize the dwelling's reduced front yard setback of 3.0 metres (10 feet) instead of 6 metres (20 feet) from Leawood Court and the existing 10 metre width of the driveway. Site Conditions and Surrounding Land Uses The surrounding area is a mix of single and semi - detached dwellings. Properties immediately to the north, south, east and west of the subject land contain only single detached dwellings. Circulation Comments Information regarding the proposed Zoning By -law amendment was circulated to City Divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Regional Municipality of Niagara The Provincial Policy Statement supports the conservation of cultural heritage resources and cultural landscapes. The Regional Policy Plan designates the lands as "Urban Area ", which encourages residential infilling and intensification. This proposal will impede opportunities for infilling; however, the Region recognizes the importance of protecting existing cultural assets. As such, Regional staff supports the application as it meets the intent of Provincial policy. • Municipal Works, Legal Services, Fire Services, Transportation Services, Building Services, Parks and Recreation No objection. Municipal Heritage Committee - The Municipal Heritage Committee made the following motion at their September 22, 2010 meeting: "That the Municipal Heritage Committee support the site specific zoning to protect the yard between Dunn Street and the Spence Weaver House from any building and structures in order to protect the setting of the heritage feature (house)." October 4, 2010 - 3 - PD- 2010 -84 ANALYSIS Provincial Policy & Regional Policy Plan Provincial policies support conservation of significant built heritage resources and cultural heritage landscapes. The proposal satisfies the intent of Provincial policy regarding cultural and heritage conservation. Official Plan The subject lands and the surrounding properties are designated Residential in the Official Plan. The predominant use of land in areas designated Residential is dwelling units. The Official Plan promotes the conservation of properties of cultural heritage value and requires development adjacent to and surrounding significant heritage properties to be designed to prevent adverse impacts on the character and quality associated with the heritage resource. The Spence Weaver House was designated under the Ontario Heritage Act in 1978 for its architectural and historical importance to the City. The setting of the Spence Weaver House has been maintained over last 35 years through the City's ownership of Parcel 2. The amendment will facilitate the long term preservation and conservation of the setting of the home after Parcel 2 is sold. Zoning By -law The subject lands and surrounding Tots are zoned Residential Single and Two Family (R2). The R2 zone would currently permit a dwelling to be constructed on Parcel 2. The proposed zoning will treat Parcels 1 and 2 as one lot and preclude the construction of a second dwelling. It will also recognize the location of the existing dwelling on the lands and ensure the land known as Parcel 2 is maintained as a landscaped yard. This will be accomplished by applying site specific zoning provisions to the whole of the lands. The following site specific provisions are recommended: A reduction to the front yard depth from 6 metres (20 feet) to 3 metres (10 feet) to recognize the setback of the dwelling from Leawood Court. An increase to the maximum width of a driveway from 8 metres (26 feet) to 10 metres (32.8 feet) to recognize the existing width of the driveway. - An increase to the front yard depth from 6 metres (20 feet) to 35 metres (114 feet) (a front yard is required from both streets for a through lot) to ensure the area between the existing dwelling and Dunn Street is maintained as a landscaped yard. CITY'S STRATEGIC COMMITMENT The City is committed to preserving valuable heritage resources. The amendment will assist in preserving the setting of the Spence Weaver House after the City sells Parcel 2. October 4, 2010 - 4 - PD- 2010 -84 LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2- Reference Plan 59R -14208 Recommended by: Respectfully submitted: Ken Todd, Chi: f Admin trative Officer Alex Herlovitch, Director of Planning, Building & Development AD:mb Attach. S: \PDR\2010 \PD- 2010 -84, AM- 2010 -015, Perservation of Heritage Home.wpd October 4, 2010 - 5 - SCHEDULE 1 PD- 2010 -84 Sub -ea Land Location: 6590 and 6592 Dunn Street Applicant: City of Niagara Falls LOCATION MAP �TJ \ Amending the Zoning By -taw No. September 2010 AM- 2010 -015 October 4, 2010 - 6 - SCHEDULE 2 PD- 2010 -84 SEPTEMBER 8 ", 2010 ANAMIKA DILWARIA PLANNER 2 CITY OF NIAGARA FALLS PLANNING & DEVELOPMENT CITY HALL 4310 QUEEN STREET NIAGARA FALLS, ON L2E 6X5 Dear Sirs: RE: 6590 AND 6592 DUNN STREET ROLL NOS.: 2725 -080 -04618 AND 2725 - 080 -07104 ZONING BY -LAW AMENDMENT APPLICATION CITY FILE NO.: AM- 2010 -015 CITY OF NIAGARA FALLS Yours truly, JIM ARNOTT Municipal Coordination Advisor Distribution Asset Management (416) 758 -7901 (416) 758 -4374 — FAX JA: ENBRIDGE GAS DISTRIBUTION INC. 500 Consumers Road North York ON M2J 1P8 Mailing Address P.O. Box 350 Scarborough ON M1K 5E3 Enbridge Gas Distribution has no objections to the development as proposed. However, should the applicant consider the use of natural gas for this development, Enbridge requests the developer contact us at their earliest convenience to discuss installation and clearance requirements for service and metering facilities. PLANNING. PD- 2010 -73 NiagaraJalls October 4, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -73 SBA - 2010 -002, Sign By -law Amendment Application Applicant: City of Niagara Falls Banners on Public Property RECOMMENDATION That Council pass the amending by -law on the agenda that contains regulations for the installation of banners on public property. EXECUTIVE SUMMARY Over the past few months, staff have received requests from several BIA's to install banners on utility poles within the areas to promote the BIA area and related events. Staff have also been advised that the Niagara Convention and Civic Centre (NCCC) wish to install banners along Stanley Avenue to advertise events. Such requests would require amendments to the Sign By -law, as it does not permit signs on public property. In order to facilitate these and future requests, staff have prepared the necessary amendments to the Sign By -law. BACKGROUND The Sign By -law regulates advertising devices on both private and public lands. It's two- fold purpose is to control signage for the reasons of aesthetics and safety. In order to restrict the encroachment of signs onto public lands and road allowances, the Sign By -law does not permit the installation of signs on public property. This restriction, however, has not permitted several BIA's to install banners on utility poles and similar fixtures located on road allowances within the BIA areas. These banners advertise the BIA's themselves as well as events that would be occurring within the area. It will also preclude the Niagara Convention and Civic Centre (NCCC) from installing banners on utility poles along Stanley Avenue that would advertise events within this facility. Such requests require amendments to the Sign By -law in order to proceed. Staff have reviewed the matter and have prepared the amendments to the By -law in order to facilitate these requests and to allow for any future requests. Notice of the proposed amendments was given in accordance with the City's notification procedure by -law (By -law No. 2003 -02) and posted on the City's website. August 30, 2010 - 2 - PD- 2010 -73 The Proposed Amendments The amendments involve defining what the banners are, where, and to what, they can be located. Other regulations include: J.Barnsley:mb Sign permits are not required. Banners may be used to promote or advertise an event that has community interest but does not occur within either a BIA area or the NCCC, respectively. Contractors are to comply with applicable regulations related to undertaking work on City streets. Banners shall not be installed such that they would obstruct the visibility of traffic control devices. Banners cannot resemble either in text or images anything that imitates any official parking or traffic control signal or devices. Recommended by: L&3 g, ' - Alex Herlovitch, Director of PI. nning, Building & Development Respectfully submitted: S: \PDR\2010 \PD- 2010 -73, Modifications to Sign By -law, Banners on Public Property.wpd V" Ken Todd, Chief A ministr 1 ive Officer September 7, 2010 His Worship Mayor Ted Salci & Council City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls ON L2E 6X5 Dear His Worship Mayor Ted Salci & Council, BOOST Child Abuse Prevention & Intervention is planning the 6th annual Go Purple for Child Abuse Prevention! Campaign. The purpose of the campaign is to raise awareness and provide education for the general public in our efforts to eliminate abuse and violence in the lives of children and youth. The Go Purple for Prevention! Campaign is an important opportunity for all Ontario citizens to participate and support the need for child abuse awareness and prevention. Every year, thousands of children and youth are affected by violence and abuse. We believe that through education and prevention we can make a difference. We are inviting you to proclaim October as Child Abuse & Neglect Prevention Month and October 1 2010 as Go Purple for Prevention Day in your community. Please send us your proclamation to display on our web site www.boostforkids.orq this October. Last year we received more than 80 proclamations and hope to increase that number this year. The campaign will be launched in Toronto on October 6 2010 at Humber College with CTV reporter Galit Solomon and Toronto Police Chief William Blair. Our campaign partners this year include Humber College and the Canadian Child Care Federation. Your support is critical to the success of the campaign and our efforts to encourage the entire community to participate. We are encouraging you to take this opportunity to raise awareness of child abuse in your community by displaying the enclosed posters and organizing speakers or activities to provide education and information about child abuse prevention. Please feel free to contact us with any questions. We look forward to our continued partnership with you to end violence and abuse in the lives of children and youth. Thank you for your support. Sincerely, Karyn Kennedy, Executive Director CHILD ABUSE PREVENTION & INTERVENTION Boost: Child Abuse Prevention and Intervention Formerly Toronto Child Abuse Centre 890 Yonge Street, 11 Floor Toronto, ON M4W 3P4 Telephone: (416) 515 -1100 Fax: (416) 515 -1227 www.boostforkids.orq Child Abuse is everyone's business. October is Child Abuse Prevention Month and Boost Child Abuse Prevention & Intervention is launching its 6th annual Go Purple for Prevention! Campaign. The campaign is held each year to raise awareness and provide education to prevent abuse and violence in the lives of children and youth. This year, Boost is very excited to be partnering with the Humber Institute of Technology and Advanced Learning, University of Guelph- Humber, and the Canadian Child Care Federation to raise awareness of child abuse. October has been Child Abuse Prevention Month for many years and traditionally purple ribbons have been distributed by Children's Aid Societies to raise awareness. In 2005, Boost decided to take this campaign to the next level by encouraging the public to Go Purple for Prevention! The Go Purple for Prevention! Campaign is an important opportunity for schools, organizations, businesses and individuals to participate and promote the need for child abuse awareness and prevention. Each year in Canada, thousands of children and youth are affected by violence and abuse. We believe that through education and prevention, we all can make a difference. "I would not be here today if it were not for Boost" (15 year old girl). A community based agency, Boost is committed to the promotion of violence free environments for children and youth. Boost strives to eliminate child abuse and violence, and to reduce the trauma for children and youth who have been abused, or who have experienced violence. lot) To find out more about the Go Purple for Prevention! Campaign please, visit www. boostforkids.orq CANADIAN CHILD CARL FEI,ERATI ON FCOeaAT1om (;ANADI E:N41. IDE5 SERVICES DF. (GANF,E. 80 Bradford, Suite 133 Barrie, ON L4N 6S7 Telephone: (705)792 -6600 CHILD ABUSE PREVENTION & INTERVENTION Go Purple for Prevention! Backgrounder UNIVERSITY OF • GUELPH HUMBER HUMBER Boost Child Abuse Prevention & Intervention 890 Yonge Street, 11 Floor Toronto, ON M4W 3P4 Telephone: (416) 515 -1100 www.boostforkids.orq 140 King St, Suite 303 Peterborough, ON K9J 7Z8 Telephone (705) 743 -9200 I *1 Ottawa, Canada KIA OP9 Correctional Service Service correctionnel Canada Canada It gives me great pleasure to call upon all Mayors, Reeves, Councillors and community leaders from across Canada to proclaim Restorative Justice Week 2010. The Correctional Service of Canada (CSC) has been an active partner in the restorative justice community for more than a decade and has been proud to provide leadership to the annual celebration since 1996. Restorative Justice Week 2010 will be held in Canada, and throughout the world, from November 14th - 21St for the purpose of sharing the concrete learning and results that have come from the growing experience of practitioners and stakeholders in the application of a restorative justice approach and processes. The theme this year is "Reflexions Past, Present and Future ", which acknowledges the beginning of a new decade as a good time to reflect on the growth and achievements of the past; to take stock of the present; and to set new objectives for the future. In 2009, there were 164 towns and cities across Canada, representing almost 30% of the Canadian population, who proclaimed Restorative Justice Week. The provinces of British - Columbia, Manitoba, and Nova Scotia also proclaimed. You can see a list of the 2009 proclamations on our website at www. csc - scc.gc.ca/ text /rj /rj2009 /proc09- eng.shtml. Things you could do as leaders in your community include the following: Past, Present and Future • Declare / proclaim Restorative Justice Week 2010. Our website hosts a printable version of the proclamation form: www.csc- scc. gc. ca / text /rj /rj2010 /genproc- eng.shtml: • Host a town hall meeting to promote an awareness of how restorative justice is expressed in your communities; • Promote an open, respectful dialogue in an effort to help members of your community deal with issues such as community safety and relationship deterioration caused by conflict, in order to nurture the healing process; • Challenge your community partners to create a local planning committee for Restorative Justice Week 2010 activities; • Invite a guest speaker from your community, who is involved in restorative justice, to share their perspectives. Municipal participation in previous years has been a great success. This year, we hope to build on this success with your support. Please let us know if your city, town or village is planning an event or proclaiming Restorative Justice Week 2010. We would like to recognise your participation on our website and in our national report. Please fax a copy of the proclamation or the minutes of the meeting declaring /proclaiming Restorative Justice Week 2010, as well as your contact information, to the attention of Manon Buck at (613) 943 -2171. Should you require someone to talk to your city council or if you would simply like more i contact CSC's Restorative Justice Division at RestorativeJustice @csc - scc.gc.ca. Sincerely, 4'0 - Don Head Commissioner Canada SEP (1g-'` `LDi3 WJEES, in the face of crime or conflict, restorative justice offers a philosophy and approach that views these matters principally as harm done to people and relationships; and WJFEWS, restorative justice approaches strive to provide support and opportunities for the voluntary participation and communication between those affected by crime and conflict (victims, offenders, community) to encourage accountability, reparation and a movement towards understanding, feelings of satisfaction, healing and a sense of closure; and tit NEB S, this year's theme for Restorative Justice Week is "Reflexions Past, Present and Future'; it is an opportunity to learn about restorative justice, educate and celebrate along with other communities across the country during the week. 'Therefore, 1, , d i hereby (Title and Name), procraim November 14 - November 21, 2010 as fstorative Justice Weekin the of (type of municipality) (name of municipality) (8/31/2010) Kristine Elia - World Diabetes Day and Month From: To: Date: Subject: Attachments: Dear Mayor Ted Salci, SEP D 7 2010 Michelle Miller <Michelle.Miller @diabetes.ca> "tsalci @niagarafalls.ca" <tsalci @niagarafalls.ca> 8/30/2010 2:36 PM World Diabetes Day and Month Proclamation- DAM- WDD_2010 NFalls- short.doc; Proclamation- DAM- WDD_2010_NFall s- long.doc The Canadian Diabetes Association would like the City of Niagara Falls to proclaim November as Diabetes Month and November 14th as World Diabetes Day. World Diabetes Day is celebrated worldwide by the over 200 member associations of the International Diabetes Federation in more than 160 countries, all Member States of the United Nations, as well as by other associations and organizations, companies, healthcare professionals and people living with diabetes and their families. We urge you to help us educate our communities about the seriousness of diabetes as it affects all of us. The personal costs of diabetes may include a reduced quality of life and the increased likelihood of complications such as heart disease, stroke, kidney disease, blindness, amputation and erectile dysfunction. * Approximately 80% of people with diabetes will die as a result of heart disease or stroke. * Diabetes is a contributing factor in the deaths of approximately 41,500 Canadians each year. * Canadian adults with diabetes are twice as likely to die prematurely, compared to people without diabetes. * Life expectancy for people with type 1 diabetes may be shortened by as much as 15 years. Life expectancy for people with type 2 diabetes may be shortened by 5 to 10 years. The financial burden of diabetes and its complications is enormous. * People with diabetes incur medical costs that are two to three times higher than those without diabetes. A person with diabetes can face direct costs for medication and supplies ranging from $1,000 to $15,000 a year. * By 2020, it is estimated that diabetes will cost the Canadian healthcare system $16.9 billion a year. Please help us to mark this special day and month with a proclamation and help to increase the awareness of the seriousness of diabetes. Thank you for your time, Michelle Michelle Miller Coordinator of Volunteer Development Canadian Diabetes Association Central South Ontario 1685 Main Street West Unit 17 Hamilton, Ontario L8S 1G5 T: 905 - 540 -2515 <http: / /www.diabetes.ca> <http: / /www. diabetes.ca /get- involved / newsletters / current / > <http: / /www.diabetes.ca> Page 1 (8/31/2010) Kristine Elia - Proclamation- DAM- WDD_2010 NFalls- short.doc Page 1 rAl Canadian vaLlii Diabetes Association PROCLAMATION: DIABETES AWARENESS MONTH AND WORLD DIABETES DAY WHEREAS, Diabetes is a serious condition, and WHEREAS, more than 9 million Canadians live with diabetes or prediabetes, and WHEREAS, nearly one in four Canadians either has diabetes or prediabetes, and WHEREAS, more than 20 people are diagnosed with the disease every hour of every day, and WHEREAS, the cost of diabetes in Canada is approximately $12.2 billion and is expected to rise by another $4.7 billion by 2020, and WHEREAS, the Canadian Diabetes Association is focusing public attention on the need for funds to lead the fight against diabetes by helping people with diabetes live healthy lives while working to find a cure. THEREFORE, I Ted Salci hereby proclaim the month of November 2010 as Diabetes Awareness Month and November 14, 2010 as World Diabetes Day in the City of Niagara Falls. Dated at (CITY), this (DAY) day of (MONTH), 2010. August 27, 2010 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario CLERK'S AUG 3 12010 Members: Re: PUBLIC LIBRARY WEEK PROCLAMATION "Libraries are key contributors to the knowledge -based economy." Michael Chan, Minister of Tourism and Culture Ontario Public Library Week is Oct. 17 -23, 2010, and this coincides with Canadian Library Month, which is also held in October. The theme this year is "Opening Doors to the Future," which aims to give emphasis to the role that the Public Library plays in providing everyone with the resources and materials to facilitate their educational and recreational needs. It is important to recognize the contribution that public libraries make to education, literacy and life -long learning in Ontario communities. Residents of . Niagara Falls can be proud of their library, which has continued to be a service model over the last few years in keeping pace with the changing technologies and addressing the needs of our community. The Niagara Falls Public Library Board requests that City Council proclaim October 17 -23, 2010, "Public Library Week" in Niagara Falls. I have enclosed a sample wording of the proclamation for the consideration of Council. We encourage every person to use their public library this month and throughout the year. Open the doors and discover what the Niagara Falls Public Library is all about. Library services are free and available to all residents. Feel free to check out our library's popular website at www.nflibrary.ca. Sincerely, Monika Seymour Chief Librarian niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 Proclamation WHEREAS public libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS public libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge -based economy; WHEREAS public libraries bolster economic prosperity by providing access to essential decision - making information for organizations and businesses; WHEREAS public libraries enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourish and thrive; THEREFORE, I hereby designate that October 17- 23, 2010 is Public Library Week in Niagara Falls Signature CUPE4 SCFP Ontario July 9, 2010 To Mayors and Councils, We are writing to ask that you and your Council endorse a day of recognition for the many people who work providing care to children in your community. This year will mark the 10 Anniversary of our Awareness Day which recognizes the education, skills, commitment and dedication of Early Childhood Educators and Child Care Staff. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday October 27, 2010 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. These benefits come from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. Even if your Council does not issue official proclamations, there are many ways for your municipality to participate in and celebrate this special day. We ask your Council to sponsor public announcements, display our posters and distribute buttons. Many municipalities also organize events and contests for the day or have Councillors or the Mayor participate in events hosted by child care centres within the municipality. A list of ideas and examples is attached. We hope that your proclamation of this day of appreciation, or your active support, will encourage and promote a day of community recognition for child care workers. Please fax the attached order to request posters and buttons to help you raise awareness and celebrate. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 27 Please direct any correspondence on proclamations and /or celebration activities to the attention of Kathy Johnson, by mail: CUPE, 305 Milner Avenue, Suite 800, Scarborough, ON M1B 3V4, or by fax: 416- 292 -2839. Thank you for your consideration. d utigad.t. Fred Hahn President, CUPE Ontaric cc: CMSMs/DSSABs CLERK'S JUL 1 2010 Tracy Saarikoski President, OCBCC 305 Milner Ave, Suite 801 Scarborough, ON M1B 3V4 Phone: 416- 299 -9739 • Fax: 416- 299 -3480 Web: cupe.on.ca E -mail: cupeont @web.net 12 RECEIVED JUL 19 2010 MAYOR'S OFFICE :us/ cope491 10 Annual Child Care Worker & Early Childhood Educator Appreciation Day October 27, 2010 Resolution Whereas years of research confirm the benefits of high quality child care for young children's intellectual, emotional, social and physical development and later life outcomes; and Whereas child care promotes the well -being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas many studies show trained and knowledgeable Early Childhood Educators and Child Care Staff are the most important element in quality child care, and that good wages and working conditions are associated with higher job satisfaction and morale, lower staff turnover which leads to high quality education and care; Therefore Be It Resolved that October 27, 2010 be designated the 10th annual "Child Care Worker & Early Childhood Educator Appreciation Day" in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. :us/ cope491 10 Annual Child Care Worker & Early Childhood Educator Appreciation Day October 27, 2010 Ideas to cognize the DaY * Support the resolution declaring October 27 Child Care Worker & Early Childhood Educator Appreciation Day. * Distribute buttons and posters — visit www.childcareontario.org for an order form for free materials including posters and buttons. * Host an appreciation breakfast, lunch or dinner. Municipalities * Ensure celebration activities in municipally run child care centres. * Encourage local Councilors to tour a child care centre or early learning program to leam more about the work of ECE's. Event could also generate media coverage in local papers. * Take out an ad in the local newspaper. • Take nominations from local child care centres for outstanding staff to be recognized by the Mayor through a letter, announcement or event. * Distribute information on the day to all centres and agencies with child care staff. * Make a large order of mugs, key chains or post -it notes for distribution in your community. • Organize a community -wide celebration to recognize individual staff- or centres and programs. School Boards * Encourage school board trustees to tour an early learning program to learn more about the work of ECE's. Event could also generate media coverage in local papers. * Arrange to have the day announced on the school PA with the morning announcements. * Notify parents in advance. Set up a "Wall of Fame" for parents to help in writing words of thanks to each of the staff. Laminate afterwards for the staff to keep. • Notify other staff in the school and host an event with cake or dessert in the staff room. Local Child Care Centres, Boards of Directors * Distribute carnations to staff working in child care centres. * Start the day right with a breakfast. Distribute buttons and posters and certificates of appreciation to all staff. (See over...) * Have the board of directors take the staff out for dinner and an evening of fun. * Host an afternoon tea party (with desserts provided by parents) for all the staff and children. * Host coffee, tea, and treats from 4:00 pm. to 7:30 pm. to accommodate staff finishing shifts. * Give each staff member a certificate of appreciation. * Have the board of directors send out a notice to each family and ask that they contribute a fruit, jam, tea, to fill a basket for all the staff. * Have the Board of Directors provide homemade cards and chocolates. * Make a bulletin board with posters and place the certificates of appreciation on the board. * Host a Child Care Worker and Early Childhood Educator Appreciation Day event with a guest motivational speaker and refreshments. * Set up a "Wall of Fame" for parents to help in writing words of thanks to each of the staff. Laminate afterwards for the staff to keep. * Have the board of directors send a letter to all families and board members accompanied by a cut -out of a hand. Ask parents to write a note to staff on the hand as a way of "giving the staff a hand" for a job well done. Then display the hands in the centre. * Put up a big poster with the staffs 'bios' and photo and have the parents sign a message on it. * Distribute cards hand made by children and parents. * Send staff a letter from the board thanking them for their commitment to children and families. * Make a donation on behalf of the staff to a shelter for women and children in your community. * Host a pizza lunch for the staff. * Have the Board of Directors host an evening of celebration for all staff in honour of Child Care Worker and Early Childhood Educator Appreciation Day. * Have community businesses sponsor the day and give discounts and gifts to all staff or provide door prizes for appreciation events, or gift bag items. • This is just a short list of activities - there are many things you can do to recognize and celebrate the valuable role child care workers play in the lives of children, families and communities. Please contact the Ontario Coalition for Better Child Care (416 -538 -0628 x2 / toll -free 1- 800 -594 -7514 x2, or email at andrea @childcareontario.orq for further information, posters, buttons and certificates of appreciation. :us/ cope491 a Goo Life Nee. a Good St rhyrok April 22 2010 Mayor Ted Salci City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 C � Dear Mayor ed Salci, Sincerely, yYears NIAGARA eter Papp Co- Chair, Children's Rights Interest Group of Niagara Councilor, Town of Pelham Early Years Niagara cc. Ken Todd, Chief Administrative Officer Denyse Morrissey, Director of Parks, Recreation & Culture Re: National Child Day — November 20, 2010 On behalf of the Children's Rights Interest Group of Niagara, it is our pleasure to invite the City of Niagara Falls to join us in celebrating National Child Day on November 20` 2010. To recognize our youngest citizens on this important day, we encourage you to host a free family skate during one of your regularly scheduled public skating sessions on National Child Day or in the month of November. National Child Day is a day to celebrate children and to demonstrate our respect for their rights and aspirations. It is celebrated throughout the world, commemorating the adoption of the United Nations Declaration on the Rights of the Child in 1959 and the United Nations adoption of the Convention on the Rights of the Child in 1989. National Child Day holds significance for Niagara as it is one of the first communities in Canada to institute a charter of rights for children and teens. The charter has since been endorsed by the Niagara Region including all 12 municipalities, all local school boards, and several local businesses and community organizations. In your ongoing commitment to the Niagara Children's Charter of Rights, we would be proud to acknowledge the City of Niagara Falls as hosts of this free family skate event. As hosts, you will be publicly demonstrating your commitment to the children of Niagara and awareness of the importance of recognizing them on this day. To schedule a free family skate for your municipality, or for further information, please contact: Natalie Chaumont, Early Years Niagara at: nchaumont©becon.org or 905 -684 -7200 ext. 1410 by June 25 2010. Once your date has been confirmed, we will be happy to provide you with promotional flyers, copies of the Niagara Children's Charter, and National Child Day bookmarks to help you promote your event. Thank you for your support and ongoing commitment to the children of Niagara. We look forward to hearing from you. J cf I? _ Judy Reid Co- Chair, Children's Rights Interest Group of Niagara Manager, Labour Force Development Business Education Council Adolescent's Family Support Services of Niagara . Business Education Council of Niagara . Brock University Centre de Sante Communautaire . Conseil scolaire de district catholique Centre -Sud . Conseil scolaire de district du Centre-Sud-Ouest . Contact Niagara District School Board of Niagara . Early Childhood Community Development Centre . Family and Children's Services Niagara Ministry of Children and Youth Services . Niagara Best Start Network Francophone Advisory Committee Niagara Aboriginal Children's Planning Council . Niagara Catholic District School Board . Niagara Child and Youth Services Niagara Child Care Sector . Niagara College . Niagara Peninsula Children's Centre . Niagara Region . Niagara Region Children's Services Niagara Region Public Health . Ctntarin Far lv Y Parc (Cntrac D.,rr 1 -- __ On Friday, November 20, 2009 families across the world will celebrate National Child Day. National Child Day commemorates the adoption of the UN Convention on the Rights of the Child. It is a day to celebrate children and to remember that they need love and respect to reach their full potential. The Children's Rights Interest Group of Niagara, along with participating municipalities, the YMCA of Niagara, and the Boys and Girls Club of Niagara invite families to visit any of the locations listed below for free skating or swimming in recognition of this important day. Ska Town of Fort Erie November 21, 2- 3:30pm Fort Erie Leisureplex, Jaycee Rink 3 Municipal Centre Dr., Fort Erie Town of Grimsby Peach King Centre November 22, 1- 2:30pm 162 Linvingston Avenue, Grimsby Town of Lincoln November 22, 1 -2pm Jordan Arena 2767 Fourth Ave, Jordan City of Niagara Falls November 20, 5 -6pm Stamford Memorial Arena 6570 Frederica st., Niagara Falls Town of Niagara -on- the -Lake November 21, 1:30 -3pm Meridian Credit Union Arena 1565 Four Mile Creek Rd., Virgil EarlyYears NIAGARA chhedff Town of Pelham November 24, 7:30- 8:30pm Pelham Arena 1120 Haist St., Fonthill City of Port Colborne November 15, 3- 4:20pm Humberstone Arena 54 Westside Road, Port Colborne City of Thorold November 21, 1- 2:30pm Thorold Arena 70 Front St., Thorold Township of Wainfleet November 15, 12:30- 1:30pm Wainfleet Arena 19M17 Park Street, Wainfleet City of Welland November 21, 1- 2:30pm Welland Youth Arena 501 King St. W., Welland Township of West Lincoln November 22, 1 -2pm West Lincoln Arena 177 West St., Hwy. 20, Smithville hig Schedule Boys and Girls Club of Niagara November 22, 1 -2pm Boys and Girls Club of Niagara 6681 Culp St., Niagara Falls YMCA of Niagara November 22, 1 -2pm Walker Family Branch 25 YMCA Dr., St. Catharines YMCA of Niagara November 22, 1- 2:45pm Niagara Centre Branch 310 Woodlawn Rd., Welland YMCA of Niagara November 22, 1- 2:30pm MacBain Community Centre 7150 Montrose Rd., Niagara Falls YMCA of Niagara November 22, 2 -4pm Fort Erie Branch 1555 Garrison Road, Fort Erie City of Port Colborne November 15, 1- 2:30pm Centennial Pool 124 Janet Street, Port Colborne The Children's Rights Interest Group of Niagara wishes to thank all participating municipalities, the YMCA of Niagara, and the Boys and Girls Club of Niagara for their support of 2009 National Child Day events. CE OCT.7T SP L H V Re: orf Dean X9/29/2010) Dan lida - R DAVAL Page ..... a ti .._.. ..�.,.� ..� _.�... ... ,.. ._. _.r. ..., From: "Valerie Williams" <davalwil @cogeco.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 9/20/2010 12:08 PM Subject: Re: DAVAL HOSPICE OCT.7TH Hi Dean: Correction to a booking for Oct 4th meeting, the board feels a later date would be better. However it is International Hospice Week 9th tol5th may be the Coucil could be informed of that. Sincerely Valerie Williams Nia REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Human Resources Department Clerks Department HR-2010-10 Council Salary Increases - 2010 HR- 2010 -10 October 4, 2010 That Council consider a method regarding the future salary increases of Council and receive the following information on salary increases for 2010. At their March 22, 2010 meeting, Council passed a motion that "the issue of Council members' salaries be deferred until closer to the end of the current term, for a recommendation for consideration for the next Council." At the above noted meeting, Council approved the staff recommendation for a general salary budget increase of two percent (2 %) for non -union and senior staff. Based on market research and information provided, staff believe a similar salary increase was justifiable and warranted for members of Council. This report outlines various methods used by municipalities to determine the annual salary increases for members of Council. Although this Council can set a salary for the incoming Council, it is not binding and can be revisited. Council may wish to consider formally adopting a policy for Council remuneration that sets an approach for annual salary increases and various guiding principles. Since the beginning of the 2009 fiscal year, the salaries of Council have remained frozen. Prior to 2009, the method for salary increases for Council members were tied to non -union salary increases, which invariably have been the equivalent percentage increase negotiated with CUPE, Local 133. Before tying salary increases to the negotiated increase, for many years, the practice of the Corporation had been to align annual Council salary increases with the Consumer Price Index (CPI). Traditionally, either method saw annual Council increases in the neighbourhood of two (2) to three (3) percent. Method Pros Cons Consumer Price Index Method used in many municipalities, including Toronto. Easy to administer. Method makes sense when CPI increases are modest and not in times of inflation. Do you use the greater or lesser of the CPI or the Ontario Price Index? Non -Union Increase If Corporation is financially responsible, the annual increases will be modest and, often, in keeping with CPI. Council could be perceived to have a conflict when approving negotiated wage increases. October 4, 2010 - 2 - HR- 2010 -10 The latest information released by Statistics Canada, indicates that the Canadian Consumer Price Index rose in August 2010 by 1.7 %. The Province of Ontario had the largest annual increase of any province at 2.9 %, following the implementation of the Harmonized Sales Tax (HST). According to information provided by the Ministry of Labour, as of June 2010, the average collective bargaining settlement in the province (private and public sectors) is 2.4 %. Locally, non -union staff have received salary increases in 2010 as follows: Niagara Region - 2% Welland - 2.25% St. Catharines - 3% Over the past few months, the Provincial government has conducted discussions with various unions on potential wage freezes. The Province is advising municipalities to attempt to achieve this desired objective through collective bargaining, including the essential services sector, which is subject to mandatory and legally binding interest arbitration. To follow the Provincial government's lead, the Region of Niagara has indicated that they will freeze the salaries of non -union staff and members of Council in 2011. The unionized workforce at the Region, however, continue to receive salary increases in accordance with their collective agreements. ANALYSIS /RATIONALE This report is intended to review market data on current wage increases in Ontario and outline the common methods for determining future annual salary increases for City Council. This report does not review whether the current quantum for Niagara Falls City Council is appropriate. 50 Percentile/ Market Median Approach Since the 2007 review of non -union compensation conducted by Mercer Consulting, the City of Niagara Falls has adopted a compensation philosophy based on a desired target market positioning of the 50 percentile (i.e., the market median). Looks at comparable municipalities. May work when simply comparing salary but each municipality is different as far as allowable expenses incurred and the support services provided to the Council. Niagara Falls has an "at large" system, which may make comparisons to municipalities of comparable size difficult. Citizens Compensation Independent third party Similar exercises in other Review Committee setting the salary increase. municipalities have often seen the committee recommending salary increases only to have Council reject an increase as politically unpalatable October 4, 2010 FINANCIAL/LEGAL IMPLICATIONS -3- HR- 2010 -10 Council may wish to consider formally adopting a policy for Council remuneration that sets out an approach for annual salary increases, a regular review period and a series of guiding principles, such as the implementation of reasonable adjustments that reflect the economic trends and, possibly, setting a base wage that puts the municipality in a market median position. The previously proposed 2010 increase of two percent (2 %) would have adjusted the Mayor's annual salary from $83,259 to $84,924. Councillor salaries would have changed from $20,311 to $20,717 per annum. The annual cost increase of this adjustment is approximately $4,913 and can be accounted for in the Corporation's 2010 budget. The total cost of Council salaries represent approximately half a percent of the annual budget for the City of Niagara Falls. The Council could set this increase for the incoming Council, however, such a motion is not legally binding. The 2011 -2014 Council could revisit the remuneration issue. Recommended by: Respectfully submitted: / Tre t Dark, Dirt of Human-Resources D erk / 6,<tildi ministratave Officer n lorfida, Cit Ken Todd, Chief A CD- 2010 -11 Niagara,Falls October 4, 2010 CANADA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2010 -11 Purchase of Office Products RECOMMENDATION That Council authorize the Mayor and the City Clerk to execute an agreement with Grand and Toy Limited for the purchase of office products, as per the Province of Ontario Request for Proposal, for the period ending, January 21, 2015 EXECUTIVE SUMMARY The City has sought to enter into a cooperative bidding process for the supply and delivery of office supplies and products, with the end goals of the best price with the surety of excellent service. The Province of Ontario has recently concluded an RFP (Request for Proposal) for office supplies and products, which meets the City's high standards for quality and service while offering the best possible price. Grand & Toy is currently the City's primary supplier for office supplies and has a proven record of quality, price competitiveness and customer service. BACKGROUND Early in 2010, the City participated in a joint office supply RFP with the member agencies of the Niagara Public Purchasing Committee. This process did not result in a desired or successful outcome due to technical difficulties with the RFP. At approximately the same time, the Province of Ontario, through the Ontario Education Collaborative Marketplace (OECM) division, completed an RFP for an Ontario -wide office supplies contract. This process was open for participation by all broader Public Sector agencies, which includes educational institutions, municipalities and health agencies. The Provincial RFP identified two successful proponents (Grand &Toy and Staples), who could deliver service and price guarantees under a multi -year agreement. ANALYSIS /RATIONALE The City of Niagara Falls conducts procurement through a competitive bidding process. The City's Supply and Services Policy stipulates the procedures for this process, including the participation in cooperative purchasing bidding. It is in keeping with the policy for the City to obtain office supplies and related products for the benefit of staff, while providing the least possible cost to the taxpayers. October 4, 2010 - 2 - CD- 2010 -11 Of the two successful proponents under the OECM, only Grand & Toy chose to submit pricing to the City. The pricing submitted was as follows: Total Current Costs* $52,623.59 Total Costs of Same Products Under OECM Pricing $33,394.31 Total Savings $19,229.28 *Based on actual purchases from Grand & Toy over the previous 12 months In addition to the cost savings noted above, Grand & Toy is the current primary supplier of office supplies to the City, so there will be no break in service. It should be noted that the proposed agreement expires on January 21, 2015. Due to the nature of the commodity (office supplies) the agreement is non - exclusive, meaning that some office supplies will continue to be purchased from other suppliers based on type, availability and personal preference. The more purchases from Grand & Toy, however, the greater the potential savings to the corporation. FINANCIAL/STAFFING /LEGAL IMPLICATIONS The Provincial Agreement will provide substantial savings to the City. During the period of the agreement, the City is expecting to save approximately 20 percent of the cost paid under previous agreements. There are no staffing or legal implications. CITY'S STRATEGIC COMMITMENT Continue to monitor and improve efficiency within the organization. Recommended by: Respectfully submitted: RM /DI Dean Iorfida, C Ken Todd, Thief Adnjinistra ive Officer Niagara CAAAb.A REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY At its meeting on July 19, 2010 Council asked Staff to look into the feasibility and cost of cleaning the four limestone panels located on Lundy's Lane next to Drummond Hill Cemetery. The sculptures are made of Indiana limestone and were designed and installed by James Smith of Campbell Monuments in 2004. Over time the sculptures accumulated dirt and grime from the atmosphere, including environmental pollutants and biological growths. Due to the unsightliness of the dark areas, Council asked Staff to review the situation and recommend the best method to eradicate the build up of grime. Mr. Smith was contacted and asked to recommend a cleaning solution for the murals. Mr. Smith advised that acidic rain or other chemical elements is not a factor in either the structural or aesthetic performance of the limestone. Dirt, fly ash, city grime and suburban dust are the culprits, rather than acid rain. Mr. Smith was helpful in recommending various methods for cleaning limestone structures. ANALYSIS /RATIONALE His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works - Parks & Cemeteries MW- 2010 -61 Lundy's Lane Battlefield Sculpture Maintenance MW- 2010 -61 October 4, 2010 There are three procedures recognized for cleaning limestone structures. 1. Wet Method: The application of moderate hot water pressure (no higher than 1200 p.s.i.) that can be augmented with soap or detergent. Most recommended as less abrasive and chemical free. 2. Dry Method: Sandblasting and grinding. Considered excessive by most conservationists because of the potential for damage. Used only in extreme cases. 3. Chemical Method: Application of ordinary muriatic and other acids in various dilutions. Company Municipality Price (excluding HST) Campbell Monuments Belleville $3500 Anderson Cemetery Contracting Ltd Stratford $1600 Memorial Restorations Sarnia $3000 October 4, 2010 -2- MW- 2010 -61 Mr Smith further advises that the client should decide in advance how clean the sculptures must be, keeping in mind that dirt is not harmful and that its complete eradication almost always removes the remaining original surface. If 80% to 90% clean is the target, the relatively benign high -hot water pressure (Wet Method) will perform satisfactorily in most cases. FINANCIAL IMPLICATIONS Five (5) companies were invited to quote on the Battlefield Sculpture cleaning project with three (3) companies entering a bid using the recommended Wet Method. They are: Staff recommend Anderson Cemetery Contracting as the successful bidder. Mr. Anderson has worked for the City previously in the restoration of monuments, including limestone, marble and granite, at Drummond Hill Cemetery. His work has proven satisfactory over the years. In all cases, the bidders have requested the City provide and place the appropriate barriers and signage to close the sidewalk for the work period that could last two or three days. The work would take place mid to late October 2010, weather permitting. The funding for this project is available from the Cemetery Grounds Maintenance account approved in the 2010 Current Budget. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council's strategic commitment to continue to monitor and improve the efficiency of the organization. n ? II Recommended by: Respectfully submitted: 1 Geoff Holmar J , D, rector of Municipal Works K., Administrative Officer Niagara�`ans t {•AfJ{ REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That Bulk Sodium Chloride (road salt) contract with Cargill Deicing Technology as set out in Tender 2008 -T -29 be extended to include the quoted pricing for the 2010/2011 winter season. EXECUTIVE SUMMARY The City's Winter Maintenance Policy specifies the type of materials used to respond to winter conditions. Although Municipal Works staff use a brine mixture to treat steep hills, bridge decks and mist areas the majority of the material spread for winter control on City roads is a mixture of sand and granular salt. It is anticipated that the City may use up to 6,000 tonnes of salt for this winter season. The unit price to supply road salt fro the 2010/2011 winter season will be $59.69 per tonne for a projected cost of $358,140 excluding taxes. BACKGROUND The City of Niagara Falls participated in the 2008 Regional tender for the supply of Bulk Sodium Chloride (Road Salt). Tenders were received from two suppliers with the results as follows: Suppliers Unit Price (per tonne) Cargill Deicing Technology Pickering, Ontario Sifto Canada Corp. Mississauga, Ontario ANALYSIS /RATIONALE His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2010 -27 Bulk Sodium Chloride (Road Salt) Tender 2008 -T -29 2008/09 2009/10 2010/11 $53.12 +6% +6% $72.02 No Bid No Bid MW- 2010 -27 October 4, 2010 Tender 2008 -T -29 included options to supply road salts for Year II and Year III of the contract. The Niagara Regional Public Purchasing Committee has reviewed the tender and pricing and has recommended that the contract be extended to include the Year III option of a 6% increase. The salt price for the 2010/2011 winter season will be $59.69 per October 4, 2010 -2- MW- 2010 -27 tonne. Recent winter weather patterns have placed higher demand on the supply of road salt thus resulting in a higher unit price. FINANCIAL IMPLICATIONS The order will be placed by the Supplies and Services Division and the supplier will invoice the City upon delivery. Due to the limited storage capacity for this material at the Service Centre we will be ordering material on an as- needed basis. The 2010 Operating Budget includes an anticipated expenditure of $363,700 for the purchase of Sand and Salt material. To date, we have spent approximately $408,000 or 12% over budget. This was due the unpredictable weather conditions we experienced last winter. We currently have approximately 150 tonnes of Salt and 300 tonnes of Sand in stock which should be sufficient to cover the months of November and December under normal conditions. The impact of this purchase will be realized in the 2011 Operating Budget however authorization to purchase up to 6000 tonnes at this quoted price is needed now in order to prepare for the onset of winter conditions. CITY'S STRATEGIC COMMITMENT This purchase meets the intent of Council's priority to continue to monitor and improve the efficiency of the organization. Recommended by: Respectfully submitted: Tom Mussari w olman Dire t r of Municipal Works Geoff H W. ' K I Mid f Ad inistrativ Officer Ken Todd, Chief Niagara) a11s REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -48 Historic Drummondville Parking Study Consultant Selection RECOMMENDATIONS TS- 2010 -48 October 4, 2010 1) That Transforward Consulting Group be hired to complete the parking plan for the Historic Drummondville District and the neighbouring Greater Niagara General Hospital area. 2) That the Clerk and the Mayor be authorized to execute the necessary agreement. EXECUTIVE SUMMARY Proposals from eight consulting firms were received in response to a Request for Proposal for the preparation of a plan assessing current and future parking needs in the Historic Drummondville area along with mitigating measures to ensure adequate future supply and a financial strategy and policy component. The required plan is identified as an "action" item in the Historic Drummondville Community Improvement Plan. The study team reviewed all proposals and rated the proposal submitted by Transforward Consulting Group as the highest. The Request for Proposals indicated an upset limit of $80,000.00 with the Transforward Consulting Group submitting a proposal for $79,999.00. Upon receiving approval, the study is scheduled to commence in November with a June 2011 target completion date. BACKGROUND In 2006, the City of Niagara Falls completed a Historic Drummondville Community Improvement Plan (CIP). The purpose of the CIP was to provide a framework to guide public sector investment and stimulate private sector investment in Historic Drummondville. In June 2008, a Feasibility Study and Business Plan for the Sylvia Place Farmers' Market (Vintners Marketplace) was completed. The existing Sylvia Place Farmers Market is located within the Sylvia Place municipal parking lot. The proposed expansion to the market is a catalyst project as identified in the CIP. The expansion of the market, in addition to a revitalized Historic Drummondville necessitated an overall review of parking within the area as parking was identified as an important component to the success of the CIP. October 4, 2010 -2- TS- 2010 -48 The goals of the Historic Drummondville strategic parking plan are to assess immediate (current to 5 years) and medium to long term (5 to 15 years) parking needs related to redevelopment and new developments within the study area including the Historic Drummondville area, the Greater Niagara General Hospital area, and surrounding residential area, develop the most efficient and effective means of providing and administering parking services within the study areas to accommodate the goals and objectives of this study and to develop and identify phasing milestones for the implementation of the parking plan. ANALYSIS /RATIONALE Eight consultants submitted proposals. Five of the consultants were from Ontario and three were from out of country. All of the consultants submitted bids within the predetermined upset limit of $80,000.00, with bids ranging between $70,000 - $80,000. The proposals were reviewed by members of the study team from Transportation and Planning staff. As noted in the Request for Proposal the documents were evaluated on the following criteria and rating: • Experience and qualifications - 10% • Strength of the proposed project team - 15% • Quality of the proposed approach to the scope of work - 25% • Value added to the project - 10% • Ability to successfully complete the project - 20% • Response characteristics - 10% • Proposal cost - 5% • Familiarity with the City - 5% Based on the evaluation criteria the Transforward Consulting Group ranked as the preferred consultant. The consulting group team resumes identified significant expertise in parking demonstrated through the provision of parking services for numerous municipalities throughout Ontario. The proposal has also provided a detailed description of their approach to the study and has identified several value -added components to the project. The Team recommends that Transforward Consulting Group be hired to provide the consulting services for this project, with an upset limit of $79,999.00, subject to reference checks. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The total cost of the project will be $79,999.00. Funding for the project has been identified and approved in the 2010 Capital Projects Budget for the Parking Study for Historic Drummondville. STRATEGIC PRIORITIES The completed parking plan will assist in strengthening and promoting economic development within the City in accordance with Council's Strategic Priorities 2007 -2010. October 4, 2010 Recommended by: Respectfully submitted: -3- Karl Dren, Director of Transportation Services TS- 2010 -48 Ken Todd, Chi f Adminis ative Offic y r 4 M.Carrick S: \General Administration \GA 1.01 Reports\2010 Council \10 Oct 4 \TS- 2010 -48 Historic Drummondville Parking Study Consultant Selection.wpd The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in 2007, the Province of Ontario received the report of the Methadone Maintenance Treatment Practices Task Force (the "Task Force "), chaired by W. Anton Hart; and WHEREAS the Task Force was to provide advice on best practices, including community engagement; and WHEREAS the Task Force recognized the stigma associated with Methadone Maintenance Treatment ( "MMT ") and the perception in the public when a treatment facility appeared; and WHEREAS the Task Force recommended that providers of MMT be open in their efforts and undertake a community engagement process; and WHEREAS subsequently in 2009, the Centre for Addiction and Mental Health produced a document, Methadone Maintenance Treatment , a Community Planning Guide, which guides MMT providers in better integrating their services into the community. THEREFORE BE IT RESOLVED that the Minister of Health and the College of Physicians and Surgeons of Ontario be petitioned to bring forward legislation making it mandatory for Methadone Maintenance Treatment providers to engage in a community consultation process as outlined in the Centre for Addiction and Mental Health's Methadone Maintenance Treatment, a Community Planning Guide. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2010- A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2008 -224 is amended by adding the following subsection: "3.6.2 Notwithstanding the foregoing and the provisions of section 12.1, a banner is permitted to be located on public property, in accordance with the following: 3.6.2.1 The provisions of this section shall apply to any banner erected by the Operator of the Niagara Civic and Convention Centre. 3.6.2.1.2 In this part: (a) "Approved Fixture" means a fixture, in a location and of a construction approved by the Director of Municipal Works of the City, for erecting or installing a banner, attached to a pole or structure on public lands within the Designated Area. (b) "Community Function" means a performance, contest, sale or other similar event that is open, or is of interest, to the entire City of Niagara Falls. (c) "NCCC Banner" means a banner that complies with the regulations of this by -law and is erected upon an approved fixture by or at the direction of the NCCC within the Designated Area which relates to events to take place at the Niagara Convention and Civic Centre. (d) "Designated Area" means the area designated on Schedule B for the erection of NCCC Banners. 3.6.2.1.3 3.6.2.1.4 No permit shall be required to erect an NCCC Banner on an Approved Fixture. Contractors erecting or installing NCCC Banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.1.5 An Approved Fixture may be located on public lands. 3.6.2.1.6 An NCCC Banner may be erected or installed on public lands. 3.6.2.1.7 An NCCC Banner shall be used solely for advertising or promoting events which relate to the NCCC or to a Community Function. 3.6.2.1.8 All other relevant provisions of this by -law shall apply to NCCC Banners. 3.6.2.1.9 Prior to the installation of any banners, the Operator of the Niagara Civic and Convention Centre shall consult with, and obtain approval from, the appropriate Business Improvement Association where the Designated Area intersects with a Business Improvement Area. 3.6.2.1.10 All other relevant provisions of this by -law shall apply to NCCC banners. 3.6.2.2 The provisions of this Part shall apply to banners erected by or at the direction of, Boards of Management of a Business Area within the Business Improvement Area of that Board of Management. 3.6.2.2.1 In this part: (a) "Approved fixture" means a fixture for erecting or installing banners, attached to a pole or structure on public lands in a location and of a construction approved by the Director of Municipal Works of the City within the Designated Area. (b) "BIA Banner" means a banner that complies with the regulations of this by -law erected upon an approved fixture by the Board of Management of a Business Improvement Area within the Business Improvement Area governed by the Board of Management giving the approval and which relates to events and businesses within the BIA. (c) "Community Function" means a performance, content, sale or other similar event that impacts upon, or is of interest to, the entire City of Niagara Falls. 3.6.2.2.2 No permit shall be required to erect a BIA Banner on an approved fixture. 3.6.2.2.3 3.6.2.2.6 3.6.2.3.1 3.6.2.3.2 Contractors erecting or installing BIA banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.2.4 An Approved Fixture may be located on public lands. 3.6.2.2.5 An NCCC Banner may be erected or installed on public lands. A BIA Banner shall be used solely for advertising or promoting any event which is related to the BIA or to a Community Function. 3.6.2.2.7 All other relevant provisions of this by -law shall apply to BIA banners. 3.6.2.3 Any banner installed in accordance with subsections 3.6.2.1 and 3.6.2.2 above shall comply with the following regulations: A banner projecting over a sidewalk shall have a minimum vertical clearance of 2.75 m between the grade and the lowest part of the sign face. A banner projecting over any portion of a road shall have a minimum vertical clearance of 4.8m between the road surface and the lowest part of the sign face. 3.6.2.3.3 A banner shall not be installed on poles supporting traffic control signals or stop /yield signs. 3.6.2.3.4 A banner shall not be installed within 30m of a rail 2. By -law 2008 -224 is hereby further amended by adding the attached map "Schedule B ". Passed this day of , 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: , 2010 , 2010 , 2010 11: IBy Laws'1010 Bye -LawsV 010041Banner By -law .wpd crossing. 3.6.2.3.5 A banner shall not obstruct the visibility of traffic signs, traffic signals or other traffic control devices. 3.6.2.3.6 A banner shall not resemble images or text that imitates any official parking or traffic control signal, sign or device." CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law 2010 -137, a by -law to establish the Niagara Compliance Audit Committee. WHEREAS Section 81.1 of the Municipal Elections Act, 1996, as amended, provides a council or local board shall, before October 1 of an election year, establish a compliance audit committee for the purposes of Section 81; and WHEREAS Niagara Falls City Council approved the Niagara Compliance Audit Committee and related terms of reference, as per CD- 2010 -06 and By -law 2010 -137; and WHEREAS as per the Terms of Reference, a nomination committee consisting of a majority of the Clerks of the Joint Area Participants reviewed the applications for the committee and are submitting the short list of candidates to their respective Councils or Boards for approval. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the appointments to the Niagara Compliance Audit Committee attached hereto as Schedule "B" are hereby approved and adopted. Passed this fourth day of October, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: October 4, 2010. Second Reading: October 4, 2010. Third Reading: October 4, 2010. Allan Andrews John Bald David Barrett John Bice Bob Hildebrandt Margo Pinder Alex Sutic Schedule `B" CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the Mayor and Clerk to execute an agreement with Grand and Toy Limited for office supplies. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the Client - Supplier agreement, as attached hereto in Schedule "A ", is hereby approved and authorized. 2. That the Mayor and Clerk are hereby authorized to execute said agreement. 3. That the agreement takes effect on the date of signing. Passed this fourth day of October, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 4, 2010. October 4, 2010. October 4, 2010. SCHEDULE : ; — CLIENT - SUPPLIER AGREEMENT Pursuant to the Master Agreement, each Client and the Supplier shall enter into a Schedule .-. — Client - Supplier Agreement for the provision of assignment - specific Resources in accordance with the following form: Article 1.0 - Definitions Article 2.0 - The Master Agreement SCHEDULE -" CLIENT - SUPPLIER AGREEMENT THIS CLIENT - SUPPLIER AGREEMENT, made in duplicate, for Supply and Delivery of Office Products is effective as of the 21st day of January 2010 BETWEEN ( "the Client ") AND Grand and Toy Limited ( "the Supplier") WHEREAS the Supplier entered into a Master Agreement with Ontario Education Collaborative Marketplace referred to as OECM 2009 -102 for the provision of Resources; AND WHEREAS the Client has decided to become a Client as defined under the Master Agreement by entering into this Client - Supplier Agreement (the "CSA "); NOW THEREFORE in consideration of their respective agreements set out below and subject to the terms of the Master Agreement, the parties covenant and agree as follows: Unless otherwise specified in the CSA, capitalized words and phrases shall have the meaning set out in the Master Agreement. When used in the CSA, the following words and phrases have the following meanings: "Rates" means the applicable price for the Services, as defined in the Master Agreement; "Term" means the period of time from the effective date first above written up to and including the later of: (a) The 21 day of January 2015 or (b) the expiry date of any extension to the CSA; which in any event shall be no later than the expiry of the Master Agreement or any extension thereto. 2.1 This CSA is entered into pursuant to, incorporates by reference and is governed by the Master Agreement. 2.2 All terms and conditions of the Master Agreement apply with the appropriate modifications to this CSA. In the event of a conflict between this CSA and the Master Agreement, the latter shall govern (unless this CSA provides otherwise). Article 3.0 — Representatives for Client - Supplier Agreement 3.1 The Supplier's representative for purposes of this CSA shall be: Jill Smith, phone 416 -401 -6300 x 5966, email jillsmith@grandandtoy.com 3.2 The Client representative for purposes of this Agreement shall be: Client - Supplier Agreement Template Page 1 of 7 Article 4.0 - Term of Client - Supplier Agreement 4.1 This CSA shall expire at the end of the Term. Within the Term, the Client shall have the option to extend this CSA for up to two (2) further periods of one year each, such extensions to be upon the same terms (including Rates in effect at the time of extension), conditions and covenants contained in this CSA, excepting in the last extension the option to renew. The option shall be exercisable by the Client upon fifteen (15) calendar days prior written notice to the Supplier, setting forth the precise duration of the extension. Article 5.0 — Resources, Rates and Payment Process 5.1 The Supplier agrees to provide the Resources to the Client as described in the Master Agreement and as more particularly specified in Schedule "A" (Assignment) to this CSA in accordance with the Rates set out in the Master Agreement. 5.2 The Supplier shall adhere to the time lines set out in Schedule "A" (Assignment). 5.3 The Client hereby consents to the use by the Supplier of the Subcontractors and personnel (if any) named in Schedule "A" (Assignment). 5.4 The Client may request changes to the particular Assignment, which may include altering, adding to, or deleting any of the Resources. The Supplier shall comply with all reasonable Client change requests and the performance of such request shall be in accordance with the terms and conditions of the Master Agreement and CSA, including the Rates for such Resources set out in the Master Agreement. Any changes requested must be authorized in writing by the Client and accepted by the Supplier in writing in accordance with Article 13.3 of this CSA. Article 6.0 - Rates and Payment 6.1 Provided that the Services are satisfactory to the Client, the Client shall pay the Supplier in accordance with the prices provided in the Supplier's Proposal, which forms part of the Master Agreement. For convenience, the applicable Rates for this Assignment are set out in Schedule "B" (Rates) of this Agreement] 6.2 The Client will pay the Supplier by way of credit/purchase cards and cash, cheque, Electronic Funds Transfer (EFT)] Payment Terms — Net 30 days. 6.3 The Supplier shall bill the Client for Services in accordance with Article 4.04 of the Master Agreement, unless otherwise set out in Schedule "B" (Rates) to this CSA or in Article 6.1 above. Article 7.0 - Insurance 7.1 The Supplier shall furnish a Certificate of Insurance to the Client in accordance with the insurance requirements set out in Article 7 of the Master Agreement prior to commencing performance under the CSA. 7.2 The Supplier shall ensure that the Client is named as an additional insured party under the Supplier's insurance policy put in effect and maintained pursuant to Article 7.02 of the Master Agreement. Article 8.0 - Notices 8.1 Notices shall be in writing and shall be delivered by postage - prepaid envelope, personal delivery or facsimile and shall be addressed to, respectively, the Client address to the attention of the Client Representative and to the Supplier address to the attention of the Supplier Representative. 8.2 Notices shall be deemed to have been given: (a) in the case of postage - prepaid envelope, five (5) Business Days after such notice is mailed; or (b) in the case of personal delivery or facsimile, e-mail, one (1) Business Day after such notice is sent in accordance with this paragraph. 8.3 In the event of a postal disruption, notices must be given by personal delivery or by facsimile, 8.4 Unless the parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this Article. Client - Supplier Agreement Template Page 2 of 7 Article 9.0 — Dispute Resolution and Termination 9.1 Where the Supplier fails to comply with any of its obligations under the Contract, the Client may issue a rectification notice to the Supplier setting out the manner and time -frame for rectification. Within seven (7) Business Days of receipt of that notice the Supplier shall either: (a) comply with that rectification notice; or (b) provide a rectification plan satisfactory to the Client. If the Supplier fails to either comply with that rectification notice or provide a satisfactory rectification plan and subsequently comply with such rectification plan the Client may immediately terminate the CSA. Where the Supplier has been given a prior rectification notice, the same subsequent type of non - compliance by the Supplier shall allow the Client to immediately terminate the CSA, without issuing a further rectification notice. 9.2 Supplier's Obligations on Termination The Supplier shall, in addition to its other obligations under the Contract and at law: (a) provide the Client with a report detailing (i) the current state of the provision of Resources by the Supplier at the date of termination; and (ii) any other information requested by the Client pertaining to the provision of the Resources and performance of the CSA; (b) execute such documentation as may be required by the Client to give effect to the termination of the CSA; and (c) comply with any instructions provided by the Client, including but not limited to instructions for facilitating the transfer of the Supplier's obligation to another person. 9.3 Supplier's Payment Upon Termination A Client shall only be responsible for the payment of the Resources supplied on or before the effective date of any termination of the CSA. Termination shall not relieve the Supplier of its warranties and other responsibilities relating to the Resources performed or money paid prior to termination. In addition to its other rights of hold back or set off, the Client may hold back payment or set off against any payments owed if the Supplier fails to comply with its obligations on termination. 9.4 Termination in Addition to Other Rights The express rights of termination in the CSA are in addition to and shall in no way limit any rights or remedies of the Client under the CSA, at law or in equity. 9.5 Termination on Notice Client reserves the right to terminate the Contract, without cause, upon thirty (30) calendar days prior written notice to the Supplier. 9.6 Survival upon Termination In the event that OECM terminates the Master Agreement with the Supplier prior to the expiry of this CSA but does not terminate this CSA at the same time, the terms of the Master Agreement shall survive and continue to apply to this CSA. Article 10.0 - Publicity 10.1 Any publicity or publications related to this CSA or the Services shall be at the sole discretion of the Client. The Client may, in its sole discretion, acknowledge the Services of the Supplier in any such publicity or publication. The Supplier shall not make use of its association with the Client without the prior written consent of the Client. Client - Supplier Agreement Template Page 3 of 7 Article 11.0 - Legal Relationship between Client, Supplier and Third - Parties 11.1 Supplier's Power to Contract The Supplier represents and warrants that it has the full right and power to enter into the CSA and there is no agreement with any other Person, which would in any way interfere with the rights of the Client under this CSA. 11.2 Representatives May Bind the Parties The parties represent that their respective representatives have the authority to legally bind them. 11.3 Independent Contractor This CSA is for a particular and non - exclusive service. The Supplier shall have no power or authority to bind the Client or to assume or create any obligation or responsibility, express or implied, on the Client's behalf, or to hold itself out as an agent, employee or partner of the Client. Nothing in the CSA shall have the effect of creating an employment, partnership or Institution relationship between the Client and the Supplier. For the purposes of this paragraph, the Supplier includes any of its directors, officers, employees, agents, partners, affiliates, volunteers or subcontractors. 11.4 No Subcontracting or Assignment The Supplier shall not subcontract or assign the whole or any part of the CSA or any monies due under it without the prior written consent of the Client. Such consent shall be in the sole discretion of the Client and subject to the terms and conditions that may be imposed by the Client. Without limiting the generality of the conditions which the Client may require prior to consenting to the Supplier's use of a subcontractor, every contract entered into by the Supplier with a subcontractor shall adopt all of the terms and conditions of the Master Agreement and CSA as far as applicable to those parts of the Resources provided by the subcontractor. Nothing contained in the Master Agreement or CSA shall create a contractual relationship between any subcontractor or its employees and the Client. Article 12 — General 12.1 Severability If any term or condition of the CSA, or the application thereof to the parties or to any Persons or circumstances, is to any extent invalid or unenforceable, the remainder of the CSA, and the application of such term or condition to the parties, Persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 12.2 Force Majeure Neither party shall be liable for damages caused by delay or failure to perform its obligations under the CSA where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event shall not be considered beyond one's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in the CSA would have put in place contingency plans to either materially mitigate or negate the effects of such event. Without limiting the generality of the foregoing, the parties agree that force majeure events shall include natural disasters and acts of war, insurrection and terrorism and labour disruptions but shall not include shortages or delays relating to supplies or services. If a party seeks to excuse itself from its obligations under this CSA due to a force majeure event, that party shall immediately notify the other party of the delay or non - performance, the reason for such delay or non - performance and the anticipated period of delay or non - performance. If the anticipated or actual delay or non - performance exceeds fifteen (15) Business Days, the other party may immediately terminate the CSA by giving notice of termination and such termination shall be in addition to the other rights and remedies of the terminating party under the CSA, at law or in equity. 12.3 Changes By Written Amendment Only Any changes to the CSA shall be by written amendment signed by both parties. No changes shall be effective or shall be carried out in the absence of such an amendment. Client - Supplier Agreement Template Page 4 of 7 12.4 Confidential Information Client agrees that it shall comply with any and all usage or license requirements established or required by OECM with respect to the confidentiality of Supplier information, on any website established by OECM utilization by the Client in connection with matters related to this CSA. 12.5 IN WITNESS WHEREOF the parties hereto have executed this Client - Supplier Agreement as of the date first above written. Fill in Name of Institution Here Signature: Name: Title: Date of Signature: Grand and Toy Limited Signature: Name: Title: Date of Signature: Steve Johnston VP Sales I have authority to bind the Supplier. Client - Supplier Agreement Template Page 5 of 7 SCHEDULE A TO CLIENT - SUPPLIER AGREEMENT ASSIGNMENT Orders are to be delivered next business day (if ordered before noon), with the exception of our annual bulk orders issued in April each year, that would only need to be delivered within four (4) weeks of receipt of order. "Appendix 1, showing the names, phone numbers and addresses of our schools is attached. Please note that new schools will be added to the contract as they are completed. Monthly itemized product usage reports will be required in Excel, detailing each and all items that have been purchased by us under this agreement. The reports will be due by the 15 day of the month following and will included as a minimum; • the school board customer /account number • the product number and description of each item • quantities of each item purchased for the month • contract price and extended dollar value for each item for the month • total quantities of each product type purchased for the month • total extended dollar value for the month All Assignments include the following terms: Customer Service The Supplier will have personnel available by telephone to answer customer service related inquiries, including but not limited to orders, selection, billing, and reporting, during Business Hours. The Suppliers will have some form of answering service to receive phone messages in the event calls from the Client are unable to be answered. Telephone calls or other forms of correspondences by the Client such as fax or email must be answered within one (1) Business Day. Catalogues The Supplier will provide paper -based and on -line catalogues to the Client. Shipping The Supplier will deliver the Resources directly to the Ontario addresses provided by the Client. Shipping will be freight prepaid. Return of Resources The Supplier will allow for the return of any shipment, if in the Client's opinion, the Resources received did not conform to their order and the Supplier will not charge any fees including but not limited to restocking charges and pick up charges, associated with the return of Resources. Client - Supplier Agreement Template Page 6 of 7 SCHEDULE B TO CLEINT- SUPPLIER AGREEMENT RATES Rates and discount structure as per the Master Agreement Invoices shall be submitted for each purchase order in duplicate to the Accounts Payable Department or as indicated on the purchase order. In addition to itemizing the goods delivered, invoices shall contain the Supplier's GST registration number and GST amount as a separate item. As of July1, 2010 the HST registration number shall be shown on the invoices and HST amount as a separate item. Client - Supplier Agreement Template Page 7 of 7 A by -law to amend By -law No. 79 -200, to guide the development of the Deerfield Estates Phase 9 plan of subdivision on the Lands, subject to the removal of a holding (H) symbol on a portion of the Lands. 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 Lands shall be identified as six parcels, known as Parcels R1E, R1E -918, R1E(H) -918, R4(H) -919, R5B(H) -920 and R5C(H) -921. 3. 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. 4. 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. 5. The permitted uses of the Lands shall be: (a) For Parcels R1E, R1E -918 and R1E(H) -918, the uses permitted in a R1E zone (b) For Parcel R4(H) -919, two or more townhouse dwellings, each containing not more than 8 townhouse dwelling units (c ) CITY OF NIAGARA FALLS By -law No. 2010 - For Parcel R5B(H) -920, the uses permitted in a R5B zone (d) For Parcel R5C(H) -921, the uses permitted in a R5C zone and a retirement home 6. The regulations governing the permitted uses on Parcel RIB shall be: (a) Minimum number of attached one private garages (b) The balance of regulations specified for an R1E use 7. The regulations governing the permitted uses on Parcels R1E-918 and R1 E(H) -918 shall be: (a) Minimum lot area (i) for an interior lot 320 square metres (ii) for a corner lot -2- 400 square metres (b) Minimum lot frontage (i) for an interior lot 10 metres (ii) for a corner lot 12 metres (c) Minimum interior side yard width 0.9 metres for a one storey, one and one -half storey and split level building (d) Minimum interior side yard width for a building with two or more storeys 1.2 metres (e) Minimum exterior side yard width 3 metres (f) Maximum lot coverage 45% (g) Minimum number of attached one private garages (h) The balance of regulations specified for an R1E use 8. The regulations governing the permitted uses on Parcel R4(H) -919 shall be: (a) Maximum lot area 400 square metres for each dwelling unit (b) Minimum front yard depth 6 metres (c) Minimum interior side yard width 1.8 metres (d) Maximum lot coverage 40% (e) The balance of regulations specified for an R4 use 9. The regulations governing the permitted uses on Parcel R5B(H) -920 shall be: (a) Maximum lot area 151 square metres for each dwelling unit (b) Minimum front yard depth 15 metres (c) Maximum height of building or 12.5 metres, subject to section 4.7 of structure By -law No. 79 -200 -3- (d) Minimum landscaped open space 35% of the lot area, which shall include a 3 metre wide Landscaped open space strip along and adjacent to the front lot line, save and except for any driveways (e) The balance of regulations specified for an R5B use 10. The regulations governing the permitted uses on Parcel R5C(H) -921 shall be: (a) Minimum lot area 100 square metres for each dwelling unit/private living unit (b) Maximum lot area (c) Minimum lot frontage 50 metres (d) Minimum front yard depth 15 metres (e) Minimum landscaped open space 40% of the lot area, which shall include a 3 metre wide landscaped open space strip along and adjacent to the front lot line, save and except for any driveways (f) The balance of regulations specified for an R5C use 151 square metres for each dwelling unit/private living unit 11. 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. 12. No person shall use the Lands for a use that is not a permitted use. 13. No person shall use the Lands in a manner that is contrary to the regulations. 14.1 The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. 14.2 No person shall use the Parcels known as RIE(H) -918, R4(H) -919 and R5C(H) -921 for any purpose prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, adequate municipal storm water management facilities shall be available to the satisfaction of the City. 14.3 No person shall use the Parcel known as R5B(H) -920 for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, adequate municipal storm water management facilities shall be available to the satisfaction of the City and the landowner or developer shall complete the necessary Environmental Site Assessments and file a Record of Site Condition (RSC), signed by a qualified person, in the Environmental Site Registry, and submit to the City and the Region proof that the Ministry of the Environment has acknowledged receipt of the RSC. 15. The provisions of this By -law shall be shown on Sheets B4 and B5 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands from DH to R1E, in part, R1E and numbered 918, in part, R1 E(H) and numbered 918, in part, R4(H) and numbered 919, in part, R5B(H) and numbered 920, in part, and R5C(H) and numbered 921, in part. 16. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.918 Refer to By -law No. 2010- 19.1.919 Refer to By -law No. 2010- 19.1.920 Refer to By -law No. 2010- 19.1.921 Refer to By -law No. 2010 - Passed this fourth day of October, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 4, 2010 October 4, 2010 October 4, 2010 U: \By- Laws\2010 By- Laws \101004\Byam012.wpd -4- THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2010 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Through Highways, Stop Signs at Intersections, Yield Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule N thereto the following item: COLUMN 1 COLUMN 2 HIGHWAY BETWEEN THROUGH HIGHWAYS Queen St. West limit of River Rd. to the east limit of Victoria Ave. (2) by removing from the specified columns of Schedule Q thereto the following item: YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Cheesman Street & Atack Court Southbound on Cheesman Street