2011/01/31COUNCIL
MEETING
Monday, January 31, 2011
Order of Business
and Agenda Package
Niagaraa11s r
COUNCIL MEETING
January 31, 2011
PRAYER: Councillor loannoni
ADOPTION OF MINUTES: Council Minutes of January 17, 2011
* * * **
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
Big Brothers Big Sisters Bowl for Kids Sake
Jon Braithwaite, Executive Director, Big Brothers Big Sisters will inform Council
regarding this year's Tim Horton's Bowl for Kids Sake scheduled for February 26, 2011
Flash Mob
Mayor James M. Diodati will recognize Jennifer Blakeley, Alphabet Photography, for
spearheading the Christmas Food Court Flash Mob with Chorus Niagara at Seaway Mall.
Council Strategic Priorities
Ken Todd, C.A.O. will make a presentation on the Council Strategic Priorities.
2011 Budget
Todd Harrison, Director of Finance, will introduce the 2011 Budget.
2
MAYOR'S REPORTS, ANNOUNCEMENTS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 Heritage Week - Requesting that Council proclaim February 21 -27, 2011 as
"Heritage Week 2011" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council.
Heart and Stroke Foundation - Requesting that February 2011 be proclaimed as
"Heart Month" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council.
3. 4 Annual Sun Life Charity Hockey Tournament - Requesting that Council waive
ice fees for a family skate and charity game in association with the tournament.
RECOMMENDATION: For the Consideration of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE ACTIONS
RATIFICATION OF "IN CAMERA" RECOMMENDATIONS
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF
COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF
THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
F- 2011 -05 - Major Receivables Monthly (December)
FS- 2011 -02 CMS Systems Agreement - Defibrillator Maintenance
R&C- 2011 -02 - Public Art Donation
R&C- 2011 -03 - Niagara United Soccer Club Inc. Agreement
3
TS- 2011 -06 - Out of Town Bus Terminal Lease Extension
TS- 2011 -09 - Trademark Registration for Niagara Falls Transit "iride" Logo
RESOLUTIONS
THEREFORE BE IT RESOLVED that the appropriate staff person be authorized to submit a
financial request to the Department of Canadian Heritage in relation to the "Celebrate Canada!"
program for organizing activities to celebrate Canada Day.
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the by -laws
listed for Council consideration.
2011 -13 A by -law to amend By -law No. 80 -114, being a by -law to designate private
roadways as fire routes along which no parking of vehicles shall be permitted."
2011 -14 A by -law to adopt a mark, symbol or design for the City of Niagara Falls War of
1812 Bicentennial Logo for The Corporation of the City of Niagara Falls.
2011 -15 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and
traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Stop Signs at
Intersections, Designated Lanes).
2011 -16 A by -law to authorize the granting of a licence with Niagara United Soccer Club
Inc. for non - exclusive use of the Clubhouse at Kalar Park.
2011 -17 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held
on the 31s day of January, 2011.
NEW BUSINESS
(1/25/2011) Dean lorfida - Possible Presentation from NF at Council Page 1
From: Christopher Dabrowski <chris.dabrowski @sympatico.ca>
To: <jdiodati @niagarafalls.ca>
Date: 12/13/2010 11:05 PM
Subject: Possible Presentation from NF at Council
Hello Mayor Diodati;
First off, congratulations on winning the Mayoral Race.
My name is Chris Dabrowski and I am the Director of Public Relations for Niagara Falls -based Alphabet
Photography.
Jennifer Blakeley who founded Alphabet Photography in 2007 and her team spearheaded the Christmas
Food Court Flash Mob with Chorus Niagara at Seaway Mall in mid - November. As you've probably heard,
the video has surpassed the 19 million view mark in just under a month. I think this is a great news story
for a Niagara Falls -based company, one that has literally gained international media recognition. I was
wondering if it would be appropriate to recognize the success of the video at a City Council Meeting with
some sort of presentation to Jennifer and Alphabet Photography.
The video has been featured by various news outlets across the world, including: ABC World News, CNN,
Good Morning America, Inside Edition and even The View, to literally name a few. The City of Niagara
Falls has been mentioned in some of this coverage as well.
On another note, Jennifer (born and raised in Niagara Falls) was recently named on Profit's List of Top
100 Female Entrepreneurs in Canada. Furthermore, Alphabet Photography has supported various
charities across Canada and Niagara with donations totalling more than 50 thousand dollars.
I think this is a great story being told world -wide that originated from our great city of Niagara Falls.
Possibly you could feature the video at Council as well as part of a presentation to Jennifer.
Any feedback is greatly appreciated. Please feel free to email back or give me a call to discuss at
(289)241 -4164.
Best regards,
Chris Dabrowski
City of Niagara Fails
2011 -2014
Strategic Priorities
Monday,January 3'..77
2;74
s�axarar =ah
COUNCIL COMMITMENT
Niagara Falls City Council is committed to demonstrating leadership
in each key area of strategic focus, working together with
transparency, providing our residents a clear view of where we are
going, and providing tangible measures of our progress along the
way.
The Strategic Priorities provide the City of Niagara Falls with a
blueprint for investment of our expertise, resources. and energy to
best meet the needs of our community.
We have sharpened our focus on continuous improvement,
providing valued services and excellent customer service, and
engaging and informing citizens about decisions.
These Strategic Priorities are a tool for decision making and will
provide direction to the development of departmental plans and
budgets. The priorities will enhance organizational effectiveness
and will demonstrate accountability to the community.
siagua F,dL,
INTRODUCTION
The City of Niagara Falls Strategic Priorities will help our community
move successfully into the future by identifying key areas of focus
and outlining activities for building strength in each of the key
areas.
A community survey, feedback and information gained from the
community by City Council members, and presentations to
Council by Senior Staff helped shape the key areas of focus and
strategic directions for the City.
fasa raj' n
CORPORATE VALUES CHARTER
The Corporation of the City of Niagara Falls is committed to
enhancing the quality of life of, and service to its residents
through a corporate culture that embraces and rewards our
core values of Accountability, Teamwork, Leadership, and
Respect.
We believe that people are our most important resource and
essential in striving for the Corporation's mission and common
goal of excellence in customer service. Our City Council, staff,
and volunteers are committed to working together and
demonstrating the highest standards of service and individual
conduct.
.ia%ara}au,
CORPORATE VALUES CHARTER, cont'a._.
We believe that core corporate values are critical to our success. and
essential to the way we work on a daily basis. Our shared values are
guiding principles for the organization.
Our Corporate values will influence the way the organization works,
how staff and customers are treated, and how people work with each
other, inside and outside the organization.
CORPORATE VALUES, cont'd
Leadership
Everyone takes the lead. We are professional. progressive and knowledgeable
leaders in our field We achieve our vision mission. and goals by empowering
staff by entrusting our team. and by role modeling behaviours that others will
choose to follow
Teamwork
All for one We collaborate and cooperate with each other in an open trusting
and truthful fashion enabling us to build consensus share information. and
achieve our goals
Respect.
Give and you shall receive_. We value the rights and opinions of every person
and ensure that everyone is treated with dignity. honesty_ and fairness. We act
with integrity and treat others as we want to be treated
Accountability
Do the right thing.. We are responsible and timely in our actions and
commitments We act with integrity and continuously strive for excellence in the
delivery of service to our customers
1�!
\'IaRaru/Yi III
CORPORATE VALUES
Leadership
Teamwork
Respect
Accountability
si;,aarat,dl,
VISION STATEMENT
Niagara Falls...a great city...for generations to come.
Niagara/ ti,
MISSION STATEMENT
The City of Niagara Falls is dedicated to being
accountable for the provision of high quality
municipal services, and enhancing quality of life
in our community through service excellence,
teamwork, and dynamic leadership.
Niagara; .11:
INFRASTRUCTURE SUSTAINABILITE
Develop asset management plans that prioritize projects based on
need by
• Preparing a 10 Year Capital needs assessment for roads. sewers,
water, fleet, technology. property, and building assets
• Conducting service delivery reviews
- Undertake reviews to improve sustainability
• Development Charge Policy Review
• Bridge and Culverts Sustainability Review
• Water Wastewater Rate Strategy and Functional Review
• Operational Improvement Studies
yt
� iagaraFntlx
2011 4 STRATEGIC PRIORITIES
The Strategic Priorities for the 2011-2014 Council term focus on
improving Quality of Life in these key areas:
Infrastructure Sustainability
Financial Stability
Economic Vitality
Convenient- Accessible, and Sustainable T :anscortanor
Customer Service Excellence
Organizational Efficiency and Effectiveness
Healthy and Safe Community
A Neil Planeed C'ty
xiag: ,a
FINANCIAL STAB!LrTf
Develop strategy for appropriate level of taxation:
• ensuring long term sustainability of municipal infrastructure
• ensuring efficient and effective delivery of core municipal services
Develop strategy for appropriate level of utility rates and fees:
• ensuring long term sustainability of municipal infrastructure
Ensure resources are focused on core programs and services by
. reviewing fee for service and grant arrangements for community
groups and agencies
. rationalizing City owned assets
. developing a risk management framework
. developing a debt management plan
. developing a strategy to maximize revenues from non -tax revenue
ECONOMIC VITALITY
Review corporate policies and practices to encourage support of
local businesses and workers with the goals of stimulating the
economy and reducing our carbon footprint.
Implement the rubber tire People Mover system in 2012
Reinvest in our Community Improvement Areas (CIPs)
• Continuing the Community Improvement Programs (CIPs) in the
Downtown and the Main & Ferry areas
• Promoting the Niagara Falls Historical Museum and Sylvia Place
Market as catalysts for new development in the Main & Ferry area
Renew focus on capitalizing on Niagara Falls as a brand name
Identify and implement strategies for retaining and attracting youth
to Niagara Falls
ECONOMIC VI AL I v, ecru'!+
Focus on business retention
• Supporting and fostering growth in the small business sector
• Creating a task force to investigate financing for the tourism sector
• Reviewing industrial and commercial tax policies
• Creating a Mayor & Council's Business Advisory Committee
comprised of business leaders and visionaries from across the City
Encourage development of new tourism products
• 7,000 Seat Entertainment Centre
• Promoting and expanding year round sport tourism opportunities
utilizing City recreation facilities such as the Gale Centre
• Promoting new Heritage tourism products such as the new
Niagara Falls Historical Museum and War of 1812 Bicentennial
Celebrations
72/*
ECONOMIC VITALITY, coned
Actively pursue economic development opportunities such as
• Capitalizing on the opportunities the development of the Niagara
Convention and Civic Centre brings
• Working with other levels of government to support the
expansion of GO Train service year round
• Economic Gateway Zone along QEW corridor
• Fostering relationships with post secondary institutions to
generate inroads to education sector development
• Attracting Green energy, health - related, and digital media
sectors
Approved destination status with China
• Business Lead Generation Program
Developing a small business incubator enterprise centre
• Authentic Eco and Heritage Tourism opportunities
CONVENIENT, ACCESSIBLE A.ND SUSTAINABLE TRANSPORTATION
- Make Niagara Falls Transit an environmentally responsible, reliable,
and convenient choice that connects people to destinations through
the implementation of the Transit Strategic Business Plan and
Ridership Growth Strategy
Complete and implement the "Transportation Beyond Tomorrow
2031" Sustainable Transportation Master Plan. Achieve the four
guiding principles - Optimize the Transportation System; Promote
Transportation Choice; Foster a Strong Economy; Support
Sustainable Development and Growth.
Continue to ensure that environmental, health and social benefits
direct transportation planning and design decisions related to
walking, cycling, and public transit
Niagaraf.dt,
CONVENIENT. ACCESSIBLE AND SUSTAINABLE TRANSPORTATION
Integrate Niagara Falls Transit facilities with the proposed People
Mover facility
Ensure "Barrier Free" accessibility of new transit facilities and buses
Improve inter - municipal transportation service and frequency
• Continue the parking operations user -pay philosophy through
the development and implementation of a Ten Year Parking Capital
Infrastructure Program and Rate Stabilization Plan
CUSTOMER SERVICE EXCELLENCE
Staff and Community Engagement
Developing an effective model for civic engagement that
leads to more open. transparent, and inclusive municipal
government.
Creating a plan for both internal and external
communications
Developing new employee recognition programs
Re- launching a more engaging City of Niagara Falls
website complemented by other social media
communication tools
NiagaraM
CUSTOMER SERVICE EXCELLENCE
Commit to a Values Based Corporate Culture
• Implementing Corporate Values throughout the organization
Developing a Code of Ethics
Foster a customer focused organization by:
• Training staff in customer service excellence and continuous
improvement
• Implementing customer relationship management tools
• Developing customer service standards and practices
• Creating a more welcoming and accessible environment at City
facilities
s„�
ORGANIZATIONAL EFFICIENCY AND EFFECTIVENESS
Continue and enhance the Service Delivery Review process
Undertake internal reviews of the organization and its governance
Streamline applications approvals processes
Create cross - departmental teams to tackle corporate issues
Encourage innovation and high performance by implementing a
continuous improvement strategy
vaRaraj. dr..
HEALTHY AND SAFE COMMUNITY
Advocate for and facilitate improved health care delivery in Niagara
Falls by'
• Liaising with and lobbying other levels of government to retain
current core hospital services in our community
• Advocating for improved health care delivery within the City
• Attracting new primary care physicians to serve our residents
• Reviewing existing policies to encourage intensification of
medical services in the hospital vicinity
Promote awareness and opportunities for active living by
• Continuing to implement the recommendations from the 2007
Strategic Plan for the Provision of Parks, Recreation, Arts. and
Culture
• Providing accessible recreation facilities and green space for
Niagara Falls residents
s e rnrt
4 WELL PLANNED CITY
Adopt Official Plan policies for residential intensification near
commercial nodes and corridors to ensure economic vitality
Review policies and service delivery with respect to the changing
demographics of Niagara Falls
Ensure that new greenfield and infill development occurs in an
orderly and efficient manner to take advantage of existing
infrastructure capacities
Use design guidelines to improve the urban aesthetics of
commercial and multi - family developments
Seek to open lines of communication between the Conservation
Authority and development community to achieve environmentally
responsible approaches to development
\iagaraf
HEALTHY AND SAFE COMMUNITY, caned
Enhance community safety by
• Completing and implementing the Fire Master Plan
• Participating in emergency preparedness initiatives for large -
scale emergencies
A WELL PLANNED CITY, cont'd
Improve By -law Enforcement through updates of standards.
protocols, and practices
Ensure municipal committees have regard for natural and built
provisions in recommendations and decisions
PROGRESS REPORTING
Council is committed to keeping the priorities current. informing the
community about the Strategic Priorities and reporting back on a
regular basis over the next four years in several ways:
The Strategic Priorities will be reviewed on an annual basis by
Council to ensure relevancy and to build in the capacity to
respond to emerging issues.
Inclusion in Council Report format: The Council report format
includes a section where the Strategic Priority to which the subject
of the report relates is identified.
Communications: The 2011-2014 Strategic Priorities will be
shared with citizens and staff, and, will become a primary
communications tool for the City.
Biannual progress updates: Progress documents will allow us to
celebrate our successes and to consider the tasks ahead.
MOTION FOR CONSIDERATION OF COUNCIL
"That the new vision and mission for the City of Niagara Falls and the
201 1 - 2014 Strategic Priorities be adopted ".
(1/25/2011) Dean lorfida - Changes to 2011 -2014 Strategic Priorities Page 1
From: "Wayne Gates" <wgates @caw199.com>
To: "Dale Morton" <dmorton @niagarafalls.ca>
CC: "Ken Todd" <KTodd @niagarafalls.ca >, "Dean lorfida" <diorfida @niagarafall...
Date: 1/24/2011 2:40 PM
Subject: Changes to 2011 -2014 Strategic Priorities
Changes to 2011 -2014 Strategic Priorities
Please use the bolded sections for any changes you see fit.
Move the third priority of "Economic Vitality" to #1 and change the name to
either "Stimulate the Economy" or "Create Employment"
We have the third highest unemployment rate in Ontario.
By doing this it will make the other priorities easier to obtain and
decrease our environmental impact. (reduce our carbon footprint)
Stimulate the local economy by using our own tax dollars locally for
purchasing local goods and services to create local jobs.
All RFP's when created will be required to encourage local labour and
purchases by invoking the 100 km rule as a basis for grading suppliers.
Require all suppliers to identify the local and Canadian content of all
goods and services.
Create a measurement system not only based on price for labour, goods and
services but balances quality and environmental impacts as well which in
turn will encourage local labour content and goods and services that are
manufactured or produced in the area.
Have private developers report when presenting to council for our
consideration their levels of local content in goods and services.
Create an audit system that verifies both the above system and claims from
(1/25/2011) Dean lorfida - Changes to 2011 -2014 Strategic Priorities Page 2
developers.
Identify opportunities to enhance the level of Canadian content in future
purchases.
As a council we will establish minimum targets for local and Canadian labour
content and same for produced goods and services in all contracts.
Have staff report annually our level of local and Canadian content in labour
and purchases.
Thank you.
(1/25/2011) Dean lorfida - Re: Strategic Priorities Document Page 1
From: Carolynn loannoni
To: Council Members,Ken Todd
CC: Dale Morton,Senior Staff
Date: 1/25/2011 9:40 AM
Subject: Re: Strategic Priorities Document
Hi Ken
This is for the most part very well done. I think the only thing I would like to see included is the "how" we
are looking at improving our Transit service. I believe that the creation of a focus group comprised of
Transit users and stakeholders ( bus drivers, Niagara College and Brock students, seniors, business
owners and members of council) needs to be included as a priority under the Transit section. With the
results coming back to council within six months.
Thanks
Carolynn
»> Ken Todd 01/20/11 4:16 PM »>
Good afternoon everyone:
Attached you will find the final draft of the "Strategic Priorities" document for your review. We have
incorporated comments from the Council session on January 10th.
We will be making a public presentation to Council at the meeting on January 31st and you appreciate any
final comments you may have prior to us sending the document out in your agenda package next week.
Responses to me or Dale Morton by the end of the day on Monday, January 24th would be appreciated.
Thanks for taking the time to review this document Ken.
Ken Todd
Chief Administrative Officer
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Telephone: 905 356 7521 x 5100
Fax: 905 374 3557
(1/25/2011) Dean Iorfida - Fwd: Strategic Priorities Document Page 1
From:
To:
Date:
Subject:
Attachments:
Oops! I just realized that I inadvertently left four very important people off when I replied.
Begin forwarded message:
Janice Wing <janice_wing @cogeco.ca>
<aherlovitch @niagarafalls.ca >, Dean Iorfida <diorfida @niagarafalls.ca >, ...
1/25/2011 2:22 PM
Fwd: Strategic Priorities Document
Trees the most effective way to reduce emissions - thestar_com.mht; Council
Strategic Priorities 2011- 2014.pdf
> From: "Janice Wing" <jwing @niagarafalls.ca>
> Date: January 25, 2011 2:01:04 PM EST
> To: <janice_wing @cogeco.ca>
> Subject: Fwd: Re: Strategic Priorities Document
> Reply -To: jwing @niagarafalls.ca
> From: Janice Wing <janice_wing @cogeco.ca>
> Date: January 25, 2011 1:59:51 PM EST
> To: Ken Todd <KTodd @niagarafalls.ca>
> Cc: Bart Maves <bartm @niagarafalls.ca >, Carolynn loannoni <ioannoni @niagarafalls.ca >, Jim Diodati
<jdiodati @niagarafalls.ca >, Joyce Morocco <joycemorocco @niagarafalls.ca >, Janice Wing
<jwing @niagarafalls.ca >, Vince Kerrio <vkerrio @niagarafalls.ca >, Victor Pietrangelo
<vpietrangelo @niagarafalls.ca >, Wayne Gates <waynegates @niagarafalls.ca >, Wayne Thomson
<wthomson @niagarafalls.ca >, Iman @niagarafalls.ca >, <jcastrilli @niagarafalls.ca >,
<jjessop @niagarafalls.ca >, Ken Beaman <kbeaman @niagarafalls.ca >, Karl Dren
<kdren @niagarafalls.ca >, Kathy Moldenhauer <kmoldenhauer @niagarafalls.ca >, Ken Todd
<KTodd @niagarafalls.ca >, <Ismith @niagarafalls.ca >, <pross @niagarafalls.ca >, Serge Felicetti
<sfelicetti @niagarafalls.ca >, Steve Norris <snorris @niagarafalls.ca >, Trent Dark <tdark @niagarafalls.ca >,
Todd Harrison <tharrison @niagarafalls.ca >, MRichardson @niagarafalls.ca
> Subject: Re: Strategic Priorities Document
> Hi all,
> I apologize for the lateness of my feedback. Just a couple of caveats:
> 1) "ensuring sufficient funding for community groups, agencies"
> This is a little open ended. I think we all understand the importance of ensuring safety -net organizations
such as Project Share and the Boys & Girls Club have enough funding. It is easy to understand the
importance of the Humane Society remaining viable and continuing to provide animal care and control
services for our municipality. The Library is a vitally important service. But there are many, many other
community groups and agencies. This could be interpreted as a willingness to ensure sufficient funding
for all -- even ones to which we currently provide no grants or other funding.
> 2) "continue to ensure that health and social benefits of an active lifestyle direct transportation planning
and design decisions related to walking, cycling, and public transit"
> We understand the aesthetic, shade - producing, wind - mitigation and other benefits which trees
(especially rows of mature trees) bring to our municipal streets. Maintaining a healthy and bountiful urban
forest is not just a Communities in Bloom goal, but a hallmark of a great city. There was a very telling
photo circulated to us last year by one of the Kalar Road opponents of the subdivision being planned for
(1/25/2011) Dean lorfida - Fwd: Strategic Priorities Document Page 2
the area west of Kalar and south of Lundy's Lane.
> The photographer was facing southward, and one could see cool green of the healthy mature street
trees in the foreground, in the only block bereft of bicycle lanes. Beyond that, Kalar consisted of a wide
expanse of hot grey asphalt, containing vehicular traffic and bicycle lanes, utterly barren of trees. The
message was clear: Bicycle lanes gobble up the space needed for street trees. (Another case in point:
Those whom have been around a while will perhaps remember Bill Smeaton appearing before our Council
to plead that the mature trees which line Dorchester between Lundy's Lane and Frederica be spared from
the chainsaws looming when bicycle lanes were proposed there.)
> Sometimes environmental goals compete with one another. Is spending extra money on building and
maintaining bicycle lanes which promote "active living" or sparing the trees which clean the air for the
cyclists and others, provide shade in the summer months for the cyclists and others, and contribute to the
aesthetics of a great city more important? Which environmental goal trumps which?
> It was identified at a Park In the City meeting last year that trees are infrastructure too. If you will please
read the attached article it will convey much more eloquently than I can why it is important to reflect this
part of our urban infrastructure, so often and so easily overlooked, in a document such as this.
>
>
> Thanks!
>
> janice
> Begin forwarded message.
» From: "Janice Wing" < jwing @niagarafalls.ca>
» Date: January 20, 2011 4:16:18 PM EST
» To: <janice_wing @cogeco.ca>
» Subject: Fwd: Strategic Priorities Document
» Reply -To: jwing @niagarafalls.ca
» From: "Ken Todd" <KTodd @niagarafalls.ca>
» Date: January 20, 2011 4:16:07 PM EST
» To: "Bart Maves" <bartm @niagarafalls.ca >, "Carolynn loannoni" <ioannoni @niagarafalls.ca >, "Jim
Diodati" <jdiodati @niagarafalls.ca >, "Joyce Morocco" <joycemorocco @niagarafalls.ca >, "Janice Wing"
<jwing @niagarafalls.ca >, "Vince Kerrio" <vkerrio @niagarafalls.ca >, "Victor Pietrangelo"
<vpietrangelo @niagarafalls.ca >, "Wayne Gates" <waynegates @niagarafalls.ca >, "Wayne Thomson"
<wthomson @niagarafalls.ca>
» Cc: "Alex Herlovitch" <aherlovitch @niagarafalls.ca >, "Dean lorfida" <diorfida @niagarafalls.ca >, "Dale
Morton" <dmorton @niagarafalls.ca >, "Geoff Holman" <gholman @niagarafalls.ca >, "John Castrilli"
<jastrilli @niagarafalls.ca >, "Jim Jessop" <jjessop @niagarafalls.ca >, "Ken Beaman"
<kbeaman @niagarafalls.ca >, "Karl Dren" <kdren @niagarafalls.ca >, "Kathy Moldenhauer"
<kmoldenhauer @niagarafalls.ca >, "Ken Todd" <KTodd @niagarafalls.ca >, "Lee Smith"
<Ismith @niagarafalls.ca >, "Phil Ross" <pross @niagarafalls.ca >, "Serge Felicetti"
<sfelicetti @niagarafalls.ca >, "Steve Norris" <snorris @niagarafalls.ca >, "Trent Dark"
<tdark @niagarafalls.ca >, "Todd Harrison" <tharrison @niagarafalls.ca>
» Subject: Strategic Priorities Document
» Good afternoon everyone:
Print Article
Back to Trees: the most effective way to reduce emissions
Trees: the most effective way to reduce emissions
December 17. 2009
Michael Scott
Page 1 of 2
It's hard to find anyone right now who is optimistic we can reach significant carbon emission reduction targets most think the UN conference
on climate change being held in Copenhagen is faced with seemingly intractable and complex problems.
But no matter what happens in Copenhagen. there is something we can do that will not only help reduce the effects of climate change. it will
provide many other environmental benefits as well.
Plant more trees.
This sounds counterintuitive. Trees surround us. Many of us can drive. walk or bicycle to beautiful parks and forests.
But consider this In the 1970s and '80s. we planted between 20 to 30 million trees each year on the rural landscape of southern Ontario.
Now we are planting only about 3 million a year
The reasons for this startling decline are simple: back then. trees were virtually free because governments of the day were directly involved
in seed collection and germination. in running nurseries and in financing all parts of seedling production.
But in the early 1990s. governments refocused their priorities and got out of tree planting almost completely. As a result.. Ontario's entire
tree - planting infrastructure deteriorated and annual planting levels dropped to as low as 2 million
So we've cut ourselves off from one of the easiest. cheapest and best ways to help mitigate the inevitable effects of climate change and
protect our broader ecosystem.
Trees are the lungs of the Earth. Our older growth forests need to be protected because they're by far the most effective way to reduce air
pollution — they absorb carbon dioxide and emit oxygen. Every year a single acre of trees wit compensate for 12,000 to 14.000 kilometres
of automobile use — about a year for most of us.
Every 1 per cent rise in tree coverage results in the midday temperature falling by 0.2 of a degree Celsius. I'm not just talking about being in
the shade of a tree in summer Just by having one large tree to the west of a house and another to the south, air conditioning costs can be
cut by 8 per cent to 18 per cent and heating costs by 2 per cent to 8 per cent.
In Ontario. we spend more than $30 billion each year on all of our energy costs. An average Ontario household spends about $2.000 a year
on heating and cooling itself. With about 4 million households in Ontario and with energy prices rising. that's no trivial saving
In short, trees cool our cities and towns. They purify our water and they certainly provide homes for plants. birds and wildlife. And their cost
is far less than any industrial or technologically based remedial measure.
It costs about $5 to plant a seedling. taking into account the need to collect the seed. germinate it under proper conditions plant it in the
right place, look after the seedling once it is planted. and start making the necessary investments in capital and other resources needed to
rebuild our tree planting infrastructure in southern Ontario.
So if we want to really reduce our carbon footprint. redeem Canada's environmental reputation and restore our landscape. we should plant a
few million more trees. right?
Well. no We actually need to plant more like a billion.
In some areas in southern Ontario. urban growth and other forms of deforestation have resulted in forest cover that is as low as 5 per cent.
We have lost 99 per cent of our older growth forests, more than 94 per cent of our upland forests, and 70 per cent of our wetlands.
If we are to address these sobering facts and bring the average forest cover across southern Ontario closer to the 30 per cent level
http : / /www.thestar.com /printarticle /739863 1/25/2011
Print Article Page 2 of 2
recommended by Environment Canada. we will need to plant about a billion trees across the landscape of southern Ontario.
Put another way — over the next 10 years. we'd have to plant about 10 million trees each year for the next 100 years just to reach what is
regarded as a healthy ecosystem.
But will we? Can we?
In the last few years. the province of Ontario has begun to address this as part of its climate change policy. It has made a major commitment
to plant 50 million trees by 2020, as its contribution to the United Nations' Billion Tree Campaign.
But we have long since passed the point where we can all sit back and expect our governments to solve these problems.
Spending the 10 million times S5 per seedling each year would be one of the wisest $50 million annual environmental investments we could
make. That figure dwarfs what were spending on new and alternative energy initiatives and. unlike many of them. trees are proven to work.
So before we despair about Copenhagen and complain that Canadians aren't doing enough to reduce our CO2 emissions. before we ask
each other to dramatically change how we work. drive and play. let's look to one of the cheapest. safest, most effective and proven tools of
all — a tree.
http ://ww - w.thestar.com /printarticle /739863 1/25/2011
Community Services Department
Planning and Development
Inter - Department Memorandum
TO: Dean Iorfida
City Clerk
FROM: Peggy Boyle
Assistant Planner
Ext. 4334
RE: 2011 Heritage Week Proclamation
DATE: January 31, 2011
This is a request to have Council proclaim the week of February 21 -27, 2011 as Heritage Week 201 1.
The theme for this year, as suggested by Heritage Canada, is Historic Parks and Landscapes. For
generations, parks have offered Canadians grand vistas to ponder, clear lakes to swim in, pathways
to meander, manicured gardens to admire and impressive structures to take shelter in. The 2011
theme coincides with Parks Canada celebrating 100 years as the world's first parks service.
A display is being planned as part of the Heritage Showcase at Niagara Square Shopping Centre from
February 18 -20, 2011 as a kick off to Heritage Week 2011.
A proclamation is included in tonight's Council agenda.
Since 1974, Heritage Canada, a national organization has recognized the third Monday in February
as Heritage Day. In 1985, the Ontario government expanded the day to a full week in order to
recognize Ontario's rich and diverse heritage. According to the Ontario Heritage Trust, many
heritage -based organizations and municipalities have used the Heritage Day and Ontario Heritage
Week as a vehicle to stimulate awareness of heritage resources and heritage related issues within
their communities.
As the Municipal Heritage Committee recognizes the importance of the City's heritage, they
welcome this week as a time to share their enthusiasm and excitement with the residents of Niagara
Falls and hope to heighten the awareness of the City's heritage through events such as the Heritage
Showcase at Niagara Square and would encourage all to attend.
To this end, the Municipal Heritage Committee would ask that Council proclaim the week of
February 21 -27, 2011 as Heritage Week in the City of Niagara Falls.
PB:mb
C: \Documents and Settings \tn206U.ocal Settings \Temp \XPgrpwise \MEMO to Clerk re Proclamation.wpd
Working Together to Serve Our Community
PROCLAMATION
WHEREAS the protection. preservation and promotion of our built, natural and cultural heritage is
recognized as contributing to the enrichment of the community, the Council of the Corporation of
the City of Niagara Falls hereby proclaims
FEBRUARY 21 - 27, 2011
as
HERITAGE WEEK
All citizens are encouraged to celebrate the history and heritage of our community through cultural
exchange programs, projects and visits to historic sites, exhibits and commemorative events. You
are hereby invited to participate in events that will assist in the enrichment and development of our
understanding of the origins and history of our community and create a common identity.
This year's theme is
"HISTORIC PARKS AND LANDSCAPES"
For generations parks have offered Canadians grand vistas to ponder, clear lakes to swim in,
pathways to meander, manicured gardens to admire and impressive structures to take shelter in. The
2011 theme coincides with Parks Canada celebrating 100 years as the world's first parks service.
Mayor James M. Diodati
HEART&
STR
FOUNDATION
OF ONTARIO
Finding answers. For life.
2300 Yonge Street
Suite 1300
P.O. Box 2414
Toronto, Ontario
M4P 1E4
Tel. (416) 489 -7100
Fax (416) 489 -6885
HONORARY PATRON
The Honourable
David C. Onley, O.Ont.
Lieutenant Governor
Of Ontario
BOARD OF DIRECTORS
Barry Cracower
Chair of the Board and President
Colleen Johnston, F.C.A.
Past Chair of the Board
Directors
Sonia Anand, M.D.
Chi -Ming Chow, M.D.
Shafiq Ebrahim, M.B.A.
Lisa Heidman, LL.B.
Michael Kessel, M.B.A.
Marlys L. Koschinsky, Ph.D.
Michael LeClair
G. Peter Oakes, C.A.
Donna Parr
Richard C. Pettit, C.A.
J. Geoffrey Pickering, M.D.
Andrew Pipe, M.D.
Margaret L. Rand, Ph.D.
Honorary Director
Anthony Graham, M.D.
CHIEF EXECUTIVE OFFICER
David W. Sculthorpe
FOUNDATION SECRETARY
Pauline Wijeyesekera
www.heartandstroke.ca
1- 888 -HSF -INFO (473 -4636)
Business Number 10747 2839 8110001
January 10, 2011
City of Niagara Falls & City Councillors
431 Queen Street, P.O. Box 1023
Niagara Falls, ON L2E 6X3
Dear City Councillors:
Let's Turn the Falls RED!
Come join us for the historic 2011 Heart and Stroke Foundation's annual Heart
Month launch, to be held February 3r 2011 at Niagara Falls (the horseshoe) when
at 6:00 pm the falls will be illuminated RED.
Please meet us at 6 pm for light refreshments at the Table Rock Centre building
(665o Niagara River Parkway), Niagara Falls. Speakers will be: a survivor, the
Province of Ontario, the Heart and Stroke Foundation, as well as a CPR /AED
demonstration.
Fee ice skating at the `TD RINK at the Brink' will be available to all from 6 - 7:3o
pm, courtesy of the Winter Festival of Lights.
The Heart and Stroke Foundation protects the lives of all Canadians by funding
world class scientific research which results in medical advancements, social
change and education to prevent and reduce death and disability from heart
disease and stroke.
Please let us know by January 28 if you are able to attend.
This location is one of 5o locations turning RED on February 3r All of this is made
possible by the City of Niagara Falls, Niagara Parks Commission, the Illumination
Board and the `TD RINK at the Brink'.
Sincerely,
itAl)
Susan Chouinard & Ann Angelone
Area Manager, Niagara Region Health Promotion Ambassador
Heart and Stroke Foundation Heart and Stroke Foundation
HART AND STROKE FOUNDATION
Date: December 20, 2010
Name: Susan Chouinard, Area Manager
Address: 300 Bunting Road Unit 3, St. Catharines
Postal Code: L2M 7X3
Dear Mayor Jim Diodati:
Every February the Heart and Stroke Foundation celebrates Heart Month by holding its
Person -to- Person Campaign. During this month, we rely on the dedication of thousands
of volunteers who selflessly give their time by canvassing their neighbourhood to collect
donations to help us reach our fundraising goals each year.
The Heart and Stroke Foundation protects the lives of all Canadians by funding world
class scientific research which results in medical advancements, social change and
education to prevent and reduce death and disability from heart disease and stroke.
More then nine hundred hospital and university -based research teams depend on us
year after year nationally.
February is recognized as Heart Month in Canada and the Niagara office of the Heart
and Stroke Foundation respectfully requests your proclamation of February 2011 as
Heart Month in the City of Niagara Falls of Niagara Region. I would be grateful to
receive notification of approval of this proclamation. To this end, I have enclosed a draft
`Proclamation' for your reference.
If I may provide any additional information, please contact me at your convenience. I
can be reached at the Niagara office 905 - 938 -8800 or by email at
schouinard @hsf.on.ca.
Sincerely,
i r
Susan Chouinard
Area Manager, Niagara Region
The Heart and Stroke Foundation
ty HEART&
STROKE
FOUNDATION
Finding answers. For life
To: Mayor Jim Diodati, City of Niagara Falls
February 2011
Proclamation
WHEREAS: One in three Canadian deaths are due to heart disease and stroke every
year, making it one of the leading causes of death in the country;
AND WHEREAS: The Heart and Stroke Foundation protects the lives of all
Canadians by funding world class scientific research which results in medical
advancements, social change and education to prevent and reduce death and disability
from heart disease and stroke;
AND WHEREAS: February is Heart Month in Canada, during which the
Heart and Stroke Foundation Person -to- Person Campaign takes
place, to support on -going heart disease and stroke research and programs;
AND WHEREAS: We applaud and commend the thousands of volunteers, staff and
researchers of the Heart and Stroke Foundation of Ontario for their dedication and
commitment and wish them continued success;
1, THEREFORE: proclaim that the month of February be observed as "Heart Month" in
the City of Niagara Falls of Niagara Region. I further urge all citizens to co- operate with
the Heart and Stroke Foundation of Ontario Person -to- Person Campaign, and all civic,
social and fraternal organizations and business establishments to give this campaign
the greatest possible support. Put your heart into it and make a difference!
HEART&
STROKE
FOUNDATION
Finding answers. For life
(1/25/2011) Dean lorfida - Sun Life Advisor Charity Hockey Gale Centre March 2nd and 3rd Page 1
From: <lester.stecroix @sunlife.com>
To: <diorfida @niagarafalls.ca>
CC: <Cindy.Haines@sunlife.com>
Date: 1/18/2011 8:24 PM
Subject: Sun Life Advisor Charity Hockey Gale Centre March 2nd and 3rd
Hi Dean and Council Members,
We are approaching our SunLife Charity Tournament and Charity Game against
NHL Alumni on March 3rd. I understand what the city can and can not
sponsor due to other commitments and regulations.
I would like you the city /arena to consider an in kind support with the
cost of the ice time for the Family skate and the ice time for the Charity
game. We the Sun Life advisor's are paying for the ice time for our
tournament on the Wednesday and Thursday. These are day time hours when
usually the ice is not occupied.
We have had an overwhelming support from local business in Niagara ( Boston
Pizza, Casa D'Oro, Business Link, Sport Chek, just to name a few) for the
two Charities: Community Care (Project Share) and Big Brothers Big
Sisters.
Thanks for your consideration of this request.
Regards,
Lester Ste.Croix, CFP
Sun Life Financial
4066 Drummond Rd.
Niagara Falls, ON L2E 6B9
Bus. 905 - 374 -9494
Fax 905 - 374 -7173
Toll Free 1- 877 - 374 -9494
This e -mail message (including attachments, if any) is intended for the use
of the individual or entity to which it is addressed and may contain
information that is privileged, proprietary , confidential and exempt from
disclosure. If you are not the intended recipient, you are notified that
any dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this communication in error,
please notify the sender and erase this e-mail message immediately.
Le present message electronique (y compris les pieces qui y sont annexees,
le cas echeant) s'adresse au destinataire indique et peut contenir des
(1/25/2011) Dean lorfida - Re: Fwd: Sun Life Advisor Charity Hockey Gale Centre March 2nd and 3rd Page 1
From: Kathy Moldenhauer
To: Dean Iorfida
CC: Steve Hamilton
Date: 1/20/2011 9:00 AM
Subject: Re: Fwd: Sun Life Advisor Charity Hockey Gale Centre March 2nd and 3rd
good morning Dean
Ice time for Thursday, March 3/11:
Family Skate (5:30pm- 7:OOpm) and Charity Game (7:OOpm- 10:OOpm) including tax totals:
$822.61
If other services are required for example security, set up, etc for extra fees will be charged.
Kathy
Niagaraaalls January 31, 2011
cnn.4 un
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Finance Department
SUBJECT: F- 2011 -05
2010 Year End Tax Receivables Report
F- 2011 -05
RECOMMENDATION
That Council receive the 2010 Year End Tax Receivables report for information purposes.
EXECUTIVE SUMMARY
This annual report is being provided to update Council on the status of tax receivables at
year end and compliments the monthly reports provided to Council throughout the year.
Outstanding taxes as of December 31, 2010 were $19.3 million compared to $18.1 million
in 2009. During December, tax receivables as a percentage of taxes billed have increased
from 11.2% in 2009 to 11.6% in 2010. The City's finance staff has had continued success
in resolving 91% of properties that are subject to registration for 2010. There are currently
thirty -four properties scheduled for tax sale in the next two years.
BACKGROUND
This report is being provided as part of the monthly financial reporting to Council by staff.
It is also submitted to our banking institution for compliance with our banking agreement.
ANALYSIS /RATIONALE
Tax collection for 2010 lags behind the collection history for 2009. Table 1 shows that
taxes outstanding at December 31, 2010 are $19.3 million. This represents an increase
from $18.1 million in arrears for the same period in 2009. Finance staff continues to
actively pursue property owners in arrears.
Table 2 provides the breakdown of outstanding taxes by assessment class. The majority
of outstanding taxes are for residential and commercial properties. The chart shows that
the taxes owing from the commercial property class has increased from a year ago.
Finance staff takes specific collection actions for properties that are subject to registration.
These action steps have been outlined in previous reports. At January 1, 2010, 405
properties were subject to registration. Table 3 summarizes the progress of these actions
after twelve months of activity. This table shows 90.6% of the tax accounts or 367
properties have been paid in full or the owners have made suitable payment arrangements.
During December, four accounts were paid in full. In addition, the number of accounts with
suitable arrangements including full payments increased from 90.4% (November) to 90.6%
(December).
January 31, 2011
At January 1, 2009, 364 properties were subject to registration and at December 31, 2009
after twelve months of activity 92.3% of the tax accounts or 336 properties had paid in full
or the owners had made suitable payment arrangements.
At January 1, 2011 a new set of properties will be subject to registration. Finance staff
have begun the collection process on these properties. The number of properties subject
to registration is 390.
Finance staff continues to make every effort to have accounts paid in order to avoid the
registration process and the associated costs related to that process.
Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the
future. During the month of December, three registered properties were redeemed. The
outstanding taxes for registered properties represents 11.6% of the total outstanding taxes
at month end.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
Tax arrears as a percentage of taxes billed in a year is a performance measure that
stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to
its high reliance on commercial assessment, is traditionally higher compared to
municipalities of similar size. The percentage of taxes outstanding to taxes billed as at
December 31, 2010 is 11.6% which is an increase from 2009's value of 11.2 %. The
historical range of percentages has been 10.2% in 2005, 9.8% in 2006, 10.4% in 2007 and
11.6% in 2008. The municipality has a record of full collection and earns significant
penalty revenues to offset the higher measure.
LIST OF ATTACHMENTS
Table 1
Table 2
Table 3
Table 4
Recommended by:
Respectfully submitted:
A. Felicetti
- 2 - F- 2011 -05
Taxes Receivable at December 31, 2010
Taxes Receivable by Property Class at December 31, 2010
Number of Properties Subject to Registration
Scheduled Tax Sales Dates for Registered Properties
Todd Harrison, Direc''.• r of Finance
Ken To d, Chief Administrative Officer
Taxes Receivable by Property Class
as at December 31, 2010
Outstanding Taxes @ November 30, 2010
2010
Taxes Owing
% of Class
2009
Taxes Owing
% of Class
Residential
$ 7,672,254
39.66%
$ 7,753,360
42.78%
Multi- Residential
$ 274,931
1.42%
$ 203,230
1.12%
Commercial
$ 10,583,399
54.70%
$ 9,297,807
51.30%
Industrial
$ 808,501
4.18%
$ 855,565
4.72%
Farmlands
$ 7,699
0.04%
$ 13,867
0.08%
Total Receivables
$ 19,346,782
100.00%
$ 18,123,829
100.00%
Total Taxes Receivable
Owing at December 31, 2010 2010 2009
Outstanding Taxes @ November 30, 2010
$ 23,759,552
$ 25,409,366
Supplemental Due December 15, 2010
$ 1,496,404
$ 1,500,129
Taxes Collected during December
$ 5,909,174
$ 8,785,666
Outstanding Taxes @ December 31, 2010
$ 19,346,782
$ 18,123,829
TABLE 1
TABLE 2
Scheduled
Tax Sales
Date
Properties
Subject to
Registration
as at November 30, 2010
Properties
Subject to
Registration
as at December 31, 2010
°!o
Initial Amount
405
405
13
Paid in Full
109
113
27.9%
Payment Arrangements
257
254
62.7%
Ongoing Collection
Action
14
14
3.5%
Registered
25
24
5.9%
405
405
100.0%
Scheduled
Tax Sales
Date
Number
of
Properties
Taxes
Oustanding
Amount
May 2011
8
$ 384,595
November 2011
13
$ 1,304,209
May 2012
13
$ 545,884
Totals
34
$ 2,234,689
TABLE 3
TABLE 4
Niagaraaalls January 31, 2011
REPORT TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND
FINANCIAL IMPLICATIONS
Recommended by:
Respectfully submitted:
PRoss:tc
His Worship Mayor Jim Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
Fire Department
FS- 2011 -02
CMS Systems Agreement - Defibrillator Maintenance
RECOMMENDATION
That the Fire Chief be authorized to execute the necessary contract documents.
EXECUTIVE SUMMARY
FS- 2011 -02
The fire department is equipped with and operates eight (8) Heartstart MRx defibrillators.
These units require maintenance to be performed on an annual basis to ensure proper
operation. Philips Corporation is the sole supplier of this maintenance program for these
particular units and submitted a service agreement proposal for a three -year period for these
units. The annual cost per year for each of the three (3) years is $5,810.00.
Given the nature of this service agreement and the annual fee determined to be within the
Fire Chief's signing authority, it is requested that the signing of this service agreement, and
others of this nature, be delegated to the Fire Chief.
In 2006, the fire department took part in a study undertaken by a consortium of medical
agencies across North America on the effectiveness of Cardio Pulmonary Resuscitation
(CPR). In agreeing to be part of this study, the consortium provided eight (8) defibrillators
free of charge to the municipality resulting in savings of approximately $136,000. Part of the
agreement stipulated that the municipality be responsible for the annual maintenance costs
of the units.
The total funding for the life of this agreement is $17,430.00. The funding for this will be fully
derived from Fire Department Account 11 -3- 211000- 030000.
Kepi Todd, Chief Administrative Officer
NiagaraJalls
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Recreation & Culture
SUBJECT: R &C- 2011 -02
Public Art Donation
RECOMMENDATION
EXECUTIVE SUMMARY
BACKGROUND
ANALYSIS /RATIONALE
R &C- 2011 -02
January 31, 2011
That Council approve the Arts & Culture Committee recommendation made at the
November 25, 2010, Arts & Culture Meeting to decline the art donation from the artist,
Lana Gramlich.
The Public Art Policy states all Public Art donations and acquisitions require careful
consideration and review before adding to the City's collection. The City of Niagara Falls
needs to be able to properly manage and maintain the entire art collection.
On October 26, 2010, Lana Gramlich a former resident of the Niagara Region now living
in New Orleans contacted the CAO's office to donate a painting for display at City Hall or
another City venue. The request was forwarded to the Arts and Culture Committee for
review and consideration.
The Public Art Policy outlines specific criteria for the acceptance of a gift, bequest, or
donation.
Criteria
• The gift, bequest, or donation will provide reference to the City of Niagara Falls or
to represent Canadian culture to visitors (refer to scope);
• Giving particular, but not exclusive preference to those artists living and working
here, and who have lived and worked as artists in Niagara Falls;
• The works of art will foster civic and national identity and should be comprised of
works in all media that are of interest and importance to the community;
• artistic merit;
• compatibility to the vision, scope and goals of the collection;
• authenticity and provenance;
• ethical and legal suitability;
January 31, 2011
- 2 - R &C- 2011 -02
In the absence of a Public Art Advisory Task Force, the Arts & Culture Committee reviewed
the potential art donation at the Arts & Culture Committee Meeting on Thursday, November
25, 2010, based on the above criteria. After reviewing the artwork and the information
provided by the artist the Arts & Culture Committee provided the following comment.
The artist currently resides in New Orleans; she resided in the Niagara Region for some
time however, never in Niagara Falls. The artist is very accomplished but not a well -known
artist locally.
Although the painting is a representation of Niagara Falls, it does not specifically foster
civic or national identity. With Niagara Falls being such a celebrated and well documented
landmark artwork depicting it needs to be outstanding or unique. There is not anything
specific about this artist or piece of art that sets it apart. A concern was raised that there
are many very established and successful artists currently residing in Niagara Falls and if
each of those artists decided to donate a piece of art to the collection the City's art
collection would soon become unmanageable. There are no issues foreseen with
authenticity, ethical and legal suitability of the artwork."
The Building Department was consulted regarding potential locations for expansion of the
City's public art collection. There are currently no indoor locations to display new art within
City buildings and no appropriate storage space for any art. Outdoor locations including
City parks, parkettes and trails are potential locations to showcase local artists. The City
needs to be very conscious of the size of the public art collection since there is no place
to display or store. Expanding the collection has immediate maintenance and storage
implications. Staff will research possible future locations at all City buildings including
Library and Museum facilities to display public art. A formal public art inventory is also
required to appraise the existing public art collection and to ensure the collection is
maintained according to the public art policy.
Based on careful review of the criteria listed in the Public Art Policy, the following motion
was made by the Arts & Culture Committee:
IT WAS MOVED BY John Harkness, seconded by John Archibald, that the art donation not
be accepted into the City's Collection.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
CITY'S STRATEGIC COMMITMENT
Motion Carried
Currently the City does not have any suitable buildings for display or proper storage of
additional artwork. If the artwork is accepted, storage and maintenance costs will need to
be added to the operational budget and a search for space will commence.
The City of Niagara Falls' Strategic Plan for the Provision of Parks, Recreation, Arts and
Culture, Action Plan #5 states: Develop Policies to Support Service Delivery, focuses on
expanding or creating new policies for Arts & Culture. The vision of the Public Art Policy
January 31, 2011
is as follows, " Visually beautiful cities stimulate a sense of pride and commitment. Through
its Public Art Policy the City of Niagara Falls strives to create vibrant public spaces that
reflect the diversity of our community, and engage its residents and visitors with quality
works of public art."
LIST OF ATTACHMENTS
1. Artist Information
2. Sunrise at the Falls
3. Public Art Policy
Recommended by:
Approved by:
BA
Attachments
- 3 - R&C- 2011 -02
K (//t
Kathy Moldenhauer
Acting Director of Recreation & Culture
Kin Todd
Chief Administrative Officer
(1/17/2011) Beth Angle - Re: Art Donation
From:
To:
Date:
Subject:
Attachments:
"Lana Gramlich" <Igramlich @email.com>
"Beth Angie" <bangie @niagarafalls.ca>
10/28/2010 11:19 PM
Re: Art Donation
Sunrise at the FaU s.JPG; Lana Gramlich resume.doc
Hello, Beth. Thanks for e- mailing me more information.
Attached is a jpg of the painting. Here are the "real life" details on it;
Title; Sunrise at the Falls
Medium; Acrylic
Ground; Gallery- wrapped canvas
Size; 24x12"
Completion date; Apr. 15, 2009
Inspiration; A photo taken on a Spring morning (in 2002, I believe.)
Value; Typically my paintings around this size run for $200- $3000S.
Notes; The painting is protected by acrylic matte varnish, although small
dots of gloss varnish were also applied to the highlights in the water to
catch and reflect nearby light sources.
Here's other information required by your policy;
Although I never did live in Niagara Falls, itself, I lived in the Niagara
Region (Pt. Colborne and Welland,) for almost 19 years. My art career began
in Pt. Colborne (where many of my works were on permanent display at the
Jacar Cafe,) and I did show works in the Niagara Regional Exhibition for a
few years.
Let me also say that I love Niagara Falls and spent time there almost every
day. For a while I even held a security job for Canadian Niagara Power
(although I think there's been a name change since then,) which included
access to the Intl control bridge, the fireworks launch area, Sir Adam Beck
(and its reservoir,) etc. I also worked for many years as a columnist,
artist and the layout/proofreader for "Radiance" magazine for women (which
was based in Niagara Falls.)
I acted as somewhat of an ambassador in my free time, encouraging local
friends and family to come with me to the Falls. Too many of them hadn't
done it in many years and it was nice to rekindle their own appreciation of
the city and the Falls, themselves. I even got my mother to join me for
weekly lunches at Red Lobster there. When online and /or distant friends said
they were planning a visit, I notified them of the many other things there
were to enjoy in the area (the Greenhouse, Dufferin Islands, the Butterfly
Conservatory, the Glen, the Whirlpool, etc., etc.) In some cases, I'd
shuttle them from place to place myself, making it even easier for them to
enjoy all of the sites that'd inspired me for so long. At one point I was
contacted by a couple through the internet who were coming to Niagara Falls.
The gentleman had a terminal disease, so they wanted some really memorable,
personal shots for her to remember him by. I was deeply touched and saddened
by their story and honored to accept their request.
Although I'm no longer there to act as an ambassador, I still do share
information online whenever I can (and I always look forward to return
visits to the area, where Niagara Falls still figures prominently in my
plans.)
The Falls (both the city and the attraction, itself,) has always held a big
place in my heart. As such, I appreciate the opportunity to offer my
painting in return.
ATTACHMENT 1
Page 1
(1/17/2011) Beth Angle - Re: Art Donation Page 2
Attached is my resume, featuring recent information on my exhibitions,
awards, etc. Please let me know if you need anything else.
Thanks in advance,
Lana Gramlich
Eye Candy Visual Arts
http: / /lanagramlich.webs.com
Eye Candy Newsletter
http://eyecandynewsletter.blogspot.com
Original Message
From: Beth Angle
Sent: Thursday, October 28, 2010 3:16 PM
To: Igramlich@email.com
Subject: Art Donation
Hello Lana
Thank you very much for your voice message.
I have attached the Public Art Policy which includes information on the
process of accepting a donation.
It would be great if you could provide more information regarding the piece
as outlined in the policy for the committee to review. The criteria is
listed on page 7 under item 3.3.
Photos of the artwork would also assist the committee.
Please let me know if you would like any further information.
Sincerely
Beth Angle
Community Development Coordinator
Recreation & Culture
City of Niagara Falls
7150 Montrose Road, Unit 1
Niagara Falls, ON L2H 3N3
905 356 7521 X 3336
905 356 7404 fax
www.niagarafalls.ca
bangle @niagarafalls.ca
ATTACHMENT 2
DEPARTMENT:
Community Services
PARKS, RECREATION
& CULTURE
ATTACHMEN 3
DATE EFFECTED:
November 4, 2002
DATE REVISED:
May 26, 2008
Part A - City of Niagara Falls Public Art
POLICY:
Public Art Policy
Report: R- 2002 -65
R- 2008 -19
SECTION: 1000.46
Page 1 of 10
1.0 Introduction
Public Art is defined as physical works of art and cultural property installed in the public realm.
These works of art can be temporary or permanent, and may be installed within buildings, or
outdoors on public lands. This document provides a vision, purpose and goals for the City's
relationship with all public art, while specifically addressing management guidelines and policy for
the public art that currently exists.
1.1 Vision
Visually beautiful cities stimulate a sense of pride and commitment. Through its Public Art Policy
the City of Niagara Falls strives to create vibrant public spaces that reflect the diversity of our
community, and engage its residents and visitors with quality works of public art.
The City of Niagara Falls seeks to encourage all those who care about the community to participate
in making art, collecting it and commissioning it.
1.2 Goals
1. Provide access to art in public places for all of Niagara Falls' citizens.
2. Enhance Niagara Falls' desirability as a community by creating appealing environments in which
to live, work and play.
3. Honour, preserve and encourage our cultural heritage and artistic diversity.
4. Promote civic identity through awareness and preservation of the community's history, cultures
and living arts.
5. Support effective urban planning, economic development and cultural tourism opportunities.
All public art projects and acquisitions will be assessed and developed according to the above goals.
6. To encourage donations of local art or art collections so that pieces can be kept within the
community.
1.3 Purpose
The purpose of this policy is to provide:
• an effective mechanism for determining appropriateness and method of placement of public art,
be it temporary or permanent, within buildings, or outdoors on public lands belonging to the City
of Niagara Falls;
• the criteria for the review and selection of public art to be displayed within buildings, or outdoors
on public lands;
• criteria for the acquisition of public art;
• guidelines for the management, preservation, interpretation, development and promotion of the
Page2of 10
City's public art collection;
• a foundation on which to develop programs that allow Niagara Falls' residents and visitors to
experience art in public places.
1.4 Community Context
This policy has been developed with consideration for other public institutions in the City with
mandates pertaining to public art. It is the intent of the City to operate in partnership and cooperation
with, and mindful of, these institutions. For the residents and workers of Niagara Falls to be best
served, the management of the City's art collection shall be responsive to each of these institutions
and, where reasonable, neither repetitive nor competitive.
1.5 Ownership
The City of Niagara Falls owns a collection of art work and items of moveable and fixed cultural
property. It is an accumulation of material from varying sources and provenance brought together
through various means, legally owned by the Corporation and retained on a permanent basis. It is
understood that the ownership of the collection by the City is free and clear, without any limitations
placed upon its use.
1.6 Definitions
For the purpose of this policy the following definitions apply, the term "art collection" refers to the
works of art and cultural property owned by the City of Niagara Falls.
Public Art refers to visual works of decorative or functional purpose owned or managed by the
Corporation of the City of Niagara Falls. The Public Art policy does not include the collections of
the City of Niagara Falls Museums.
Public Art may include but is not limited to:
a) sculpture, in any material or combination of materials, whether in the round, bas relief,
mobile, fountain, kinetic, or electronic;
b) murals, mosaics, fibre works, glass works, photography, paintings, graphic arts and prints
that are hand pulled or machine made that are limited in their edition, or other art forms in
any material or combination of materials;
c) tableaux, vignettes or creative displays of an artistic /informational nature which interpret the
heritage significance of a building or site;
d) memorials, plaques, and commemorative tablets;
e) architectural embellishments such as arches, ornamental gateways, ornamental surface
treatments, street inlays, foundation stones and other structures of a permanent or fixed
character intended for ornament or commemoration, both interior and exterior;
f) a combination of landscaping and landscape design with artistic intent such as rocks,
fountains, reflecting pools, benches, and other types of street furniture;
g) decorative arts (limited to furniture and furnishings of the public rooms of City owned
buildings).
Public art is located in:
Page 3 of 10
Publicly Accessed Areas are spaces frequented by the public, accessible to or visible by the public.
Examples include but are not limited to:
a) parks, boulevards, sidewalks, tunnels or bridges;
b) foyers, conference rooms, auditoria, courtyards and concourses;
c) the interiors and exteriors of buildings including arenas, community centres, theatres,
museums, galleries, parking arcades.
Public Buildings are any buildings that are available for the unrestricted access of the general public
during normal business hours or longer. Examples include City Hall, libraries and administration
buildings, sporting facilities and transit customer facilities.
1.7 Scope of the Collection
In keeping with the stated purpose and goals, the scope of the collection will include:
• works by artists who were born, live or lived in Niagara Falls;
• views of the City;
• representation of the community's civic history;
• representation of the community's cultural and artistic heritage;
• Niagara Falls' specific content;
• items from community organizations, and other municipalities and countries that are presented as
official gifts.
1.8 Private Sector Public Art
Though not specifically addressed in the City of Niagara Falls Public Art Policy, the City recognizes
that there are examples of non- municipal outdoor artworks located in privately -owned space across
Niagara Falls that contribute to the identity and character of our community.
Part B - MANAGEMENT GUIDELINES FOR PUBLIC ART
Role of Municipality
Pag,e 4 of 10
2.0.1 Governance
City Council is the steward of the City's public art and as such holds it in trust for the citizens of the
City of Niagara Falls. Council will maintain and develop the art collection in keeping with the vision
statement and goals of the Public Art Policy.
2.0.2 Management
Council designates the custody of public art to the Parks, Recreation and Culture, Community
Services Department and other public institutions . The management of public art will be the
responsibility of the Parks, Recreation & Culture staff and other public institutions who will:
• ensure the development of a collection management system, with documentation standards and
procedures modeled on museum practices and with an ongoing system of maintenance and inspection;
• develop, maintain and promote the art collection and oversee the provision of fiscal resources for
this purpose;
• preserve the physical integrity and security of the art collection and the provision of adequate
facilities and resources for its long term care;
• arrange for the installation and placement of public art in public spaces;
• facilitate programming and public education opportunities related to the art collection's use and
promotion.
2.0.3 Staff
Parks, Recreation and Culture staff will manage the City's art collection. Additional professional
services will be provided by contract as required.
2.0.4 Public Art Task Force
A Task Force will be appointed by Council to serve in an advisory capacity to staff. The composition
of the committee will aim to reflect the diversity of the community.
2.1 Public Art Advisory Task Force
2.1.1. Composition
The Public Art Advisory Task Force will be selected from the following:
• 1 member of the Arts & Culture Committee
• 1- 2 staff person - Community Development Co- ordinator and Municipal Works staff
• 1 working visual artist or craftsperson, resident in Niagara Falls
• 1 person from the visual arts community i.e. curator, arts education person. arts administrator
• 1 representative from Niagara Falls Art Gallery
• 1 representative from Niagara Falls Museums
• 1 representative from the Niagara Falls Library
• 1 representative from Municipal Heritage Committee
• City Historian
Page 5 of 10
• 1 staff person from an Education Institution - Fine Arts (high school, Brock University or Niagara
College)
• 1 local architect working in Niagara Falls
Depending upon the piece of art to be discussed the committee may call upon specialists in the
appropriate field to assist as required.
2.1.2. Role
The role of the Public Art Advisory Task Force will be to consult with staff. review materials and
make recommendations, regarding potential acquisitions and the disposition of works from the
collection. They will also advise in the development of public art projects and any matters
related to the development, promotion and use of the art collection.
2.1.3. Terms of Reference
Will be developed for the Public Art Advisory Task Force which will detail process and reporting
structure as per standard City procedure.
• The Public Art Advisory Task Force will advise on the implementation of the Public Art policy.
• The Public Art Advisory Task Force will be facilitated by City staff through Parks, Recreation and
Culture.
• The Public Art Advisory Task Force will provide recommendations to City Council through Parks.
Recreation and Culture staff.
2.1.4. Responsibilities of the Public Art Advisory Task Force
• As directed review all proposed public art projects and ensure the application of established
procedures and guidelines on a project -by- project basis.
• Advise staff on the implementation and maintenance of a civic public art inventory and the
implementation of the accessioning and de- accessioning components of the Public Art Policy.
• Advise staff on proposed artwork gifts, bequests, and donations to the City of Niagara Falls
according to the established guidelines.
• As directed review the maintenance program of public artworks ensure it is in place and practiced,
in collaboration with municipal staff or their professional designates.
2.1.5. Conduct of Meetings
• Regular quarterly meetings of the Committee shall be held, as necessary, to adequately deal with
the business of the Committee and to hear public input respecting proposed public art installations.
• While regular meetings shall be open to the public, the Committee shall consider and formulate
its recommendations respecting the commissioning of public art works in camera.
2.1.6. Code of Conduct
• Members of the Public Art Advisory Task Force and the Arts and Culture Committee are
disqualified from directly or indirectly benefitting from their participation in the Public Art policy
during their tenure.
• Members of the Public Art Advisory Task Force and the Arts and Culture Committee are
disqualified from submitting to public art projects for which the committee has approval authority of
administrative responsibility during his /her tenure.
Page6of 10
2.2 Budget
a. A specific Parks, Recreation & Culture budget be developed and implemented for the maintenance
of the public art collection upon approval by City Council.
b. External sources of funds from the private sector will be explored as well as government grants
and public funding programs.
c. Special accounts such as Reserve Funds or Trust Funds will be investigated.
2.3 Facilities
a. Appropriate facilities will be allocated for the administration, maintenance and storage of the City's
Art Collection.
b. The collection, when not on public display, must be stored in a secure area designated solely for this
purpose.
2.4 Insurance
a. Insurance coverage will be provided for the art collection as a distinct entity. The policy must
protect the collection against all risks of direct physical loss or damage, while in transit and at all
City owned /leased locations, and while in storage or on display.
b. The Committee members will be covered by the municipal insurance policy which indemnifies
them against legal responsibilities for their actions, providing that they are not guilty of wrongful
acts or gross negligence.
2.5 Policy Review Cycle
This policy will be subject to review by the Public Art Advisory Task Force from time to time in a
manner consistent with the City's policy review procedures.
Part C- GUIDELINES FOR THE ACQUISITION OF PUBLIC ART
Page 7 of 10
3.1 Integrity
To ensure the integrity of the process of acquiring public art, the following criteria have been
developed for reviewing proposed projects, offers of sale and offers to donate to the City's collection.
In addition, it is the aim of this policy to ensure assistance is provided to all community members who
seek to donate or sell works of art or cultural property to the City.
3.2 Acquisitions
The Corporation may acquire material for the permanent collection through any of the following
methods:
• gifts /donations; • bequests; • purchases;
• transfers; • Committees.
3.3 Donations
A proposed gift, bequest, or donation is to be referred and reviewed by the Public Art Advisory Task
Force. A report with the task force's recommendation to accept or decline the gift will be submitted
to the Director of Parks. Recreation and Culture for referral to City Council. Council will then
consider the recommendation.
Criteria
• The gift, bequest, or donation will provide reference to the City of Niagara Falls or to represent
Canadian culture to visitors (refer to scope)
• Giving particular but not exclusive preference to those artists living and working here, and who
have lived and worked as artists in Niagara Falls
• The works of art will foster civic and national identity and should be comprised of works in all
media that are of interest and importance to the community
• artistic merit
• compatibility to the vision, scope and goals of the collection
• authenticity and provenance
• ethical and legal suitability
• conservation implications including maintenance and storage
In the case of gifts, additional criteria include:
• nature and value of gift;
• occasion at which gift is presented;
• presenter and recipient of the gift;
• opportunities for display.
Page 8 of 10
3.4 Procedures For The Acceptance of A Gift:
The proposed gift is reviewed by the Public Art Advisory Task Force. If a gift is acceptable under the
acquisitions criteria the steps are taken as follows:
a) All donated items for the art collection should be appraised at the time of donation to determine
fair market value. Acceptable appraisals will be from certified members of either the Professional
Association of Art Dealers in Canada or the Certified Appraisers Guild of America. The donor is
responsible for this cost.
b) If the decision is favorable, a formal agreement will be drawn up outlining the responsibilities of
each party. The agreement will address all relevant issues such as project funding, fabrication, siting,
installation, maintenance, transfer to title, identification labels, deaccessioning. In all cases only
unrestricted donations will be considered. If the donation is accepted, the donor must submit a legal
instrument of conveyance of title.
c) In accordance with the criteria established in the Income Tax Act (Canada), the City of Niagara
Falls will issue a tax receipt to the donor based up an appraisal for fair market value.
d) The donor will be recognized and acknowledged in a manner suitable to the object on display and
in accordance with professional collections management procedures and standards.
e) If a proposed gift is declined after review as described above, the prospective donor will be
informed and the object will be returned if it is in the possession of the City.
Part D - PUBLIC ART MANAGEMENT GUIDELINES
b. Criteria for deaccessioning includes:
• condition of art work and /or cost of maintenance /conservation;
• current location of art work is no longer suitable or available;
• nominated "life span" has expired;
• art work does not meet the terms of the policy;
• suitability to the collection;
• loss of artistic integrity;
• long term implications including legal ramifications.
Page 9 of 10
4.1 Loans
a. Requests for loans from the public art collection by a third party may be considered provided that
the borrower guarantees that appropriate standards and terms be met.
b. At this time, no provision has been made in this policy for the borrowing of works by the City. Loan
guidelines will be consistent with the City of Niagara Falls Board of Museum Loans procedures.
4.2 Disposition
a. Disposition includes both the process of deaccessioning material from the collection and its
subsequent disposal or physical removal. No art work will be deaccessioned and disposed of without
consultation of the Public Art Advisory Task Force. Members of the Public Art Advisory Task Force
and Arts & Culture committee may not purchase de- accessioned public art.
c. Disposal of art work can include any one of the following:
• return to the donor or artist, or offered to the family if donor or artist is deceased at fair market
value;
• offer of gift or trade to another cultural institution;
• sale with the proceeds used for maintenance or collection development;
• destruction of the work with appropriate notification.
4.3 Inventory
All art work is to be catalogued and included in the inventory along with all information on
installation, maintenance schedule, correspondence, contractual agreements and research.
4.4 Documentation
All works will be entered in a permanent computerized register which will comprise the art collection
database. All documentation is a matter of public record. Venues for public access to the database will
be developed.
Page 10 of 10
4.5 Research
Research provides a greater understanding and appreciation of the works in the collection and to the
development of Canadian art. Research may be conducted in the following areas:
• history and provenance of the existing works of art in the collection;
• history and provenance on potential acquisitions;
• biographical information on artists;
• background information for program development.
4.6 Care /Conservation
a. The public art collection should be maintained in good condition and, where relevant, the
surroundings related to the outdoor component of the collection in a manner which:
• is consistent with the design intent of the work;
• does not significantly alter the intended perception of the work by viewers;
• is in accord with instructions from the artist where applicable.
b. The physical management of the art collection comprise its care and handling, maintenance,
monitoring its condition and the recognition for conservation treatment when required. Appropriate
measures should be developed to achieve this including:
• provisions for proper upkeep, maintenance and security including the requirement for cost
planning and identification of needs;
• preparation of Condition Reports for all new acquisitions, prior to installation or display, during
regular inventories and when any damage occurs or is noticed;
• establishing a regular maintenance schedule based on the nature and needs of the art work;
• the handling of all art work in a manner conducive to ensuring its safety and recognized as proper
handling techniques;
• arranging for conservation and /or restoration treatment as required to be undertaken by a
professional Conservator and when possible at a level of minimum intervention.
4.7 Promotion
Strategies to promote public awareness and access to the art collection can include:
• appropriate acknowledgment of the art work i.e. labels and signage;
• programs, tours and other activities based on the collection;
• a range of brochures and publications.
Niagara&
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Recreation & Culture
SUBJECT: R &C- 2011 -03
Niagara United Soccer Club Inc. Agreement
RECOMMENDATION
2. That the Mayor and Clerk be authorized to execute the agreement.
EXECUTIVE SUMMARY
BACKGROUND
R &C- 2011 -03
January 31, 2011
1. That Council approve the Clubhouse Agreement with Niagara United Soccer Club
Inc.;
For the past several years, the City and Niagara United Soccer Club have benefitted
through a partnership in the development of the Kalar Park `Home for Girls Soccer' facility
on Kalar Road.
The Clubhouse agreement further solidifies the partnership between the City of Niagara
Falls and Niagara United Soccer Club Inc. in the development and operation of the Kalar
Road Soccer complex.
The City of Niagara Falls and Niagara United Soccer Club Inc. (formerly Niagara Falls Girls
Soccer Club) began meeting in 2001 to discuss the construction of the Kalar Road Soccer
Complex. A formal lease agreement was developed in 2003.
August 31, 2010, the revised 2003 Kalar Road Soccer Complex and the Artificial Turf
agreements, R &C- 2010 -17 was approved by Council. Staff was directed to finalize the
Clubhouse agreement.
The Clubhouse project was completed early January 2011. The Clubhouse facility
enhances the level of service the City provides to spectators and participants. The facility
houses accessible washrooms, change rooms, an accessible family washroom, concession,
meeting space, offices for Niagara United Soccer and city staff.
January 31, 2011
ANALYSIS /RATIONALE
The attached agreement represents a commitment by both parties to the development and
daily operations of the soccer complex. The twenty -five year term Kalar Road Park
Clubhouse agreement defines Niagara United Soccer Club's exclusive use of office space
within the facility, exclusive use of the concession area including terms and conditions,
right to place temporary advertising and insurance requirements. Sport organizations
renting the artificial turf field will have access to the washrooms, change rooms and
common space at the facility.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The City of Niagara Falls received $220,000 from Recreational Infrastructure Canada
(RinC) Program toward the Kalar Road Park Clubhouse to provide accessible washrooms
and change rooms. The contribution represents approximately 40% of the $550,000
capital project cost. The remaining $330,000 was covered from the City's 2010 Capital
budget with zero dollars contributed from Niagara United Soccer Club.
CITY'S STRATEGIC COMMITMENT
The Parks, Recreation, Arts & Culture Strategic Plan Action Plan #3 states Develop
Effective Partnerships. The partnership with Niagara United Soccer Club has benefited the
community through cost sharing for an artificial turf field and by providing a valuable
community service.
LIST OF ATTACHMENTS
Niagara United Soccer Inc. Clubhouse Agreement
Recommended by:
Approved by:
KM /das
Attachment
- 2 - R&C- 2011 -03
Kathy Moldenhauer,
Acting Director of Recreation & Culture
Ken Todd,
Chief Administrative Officer
J
ATTACHMENT 1
THIS AGREEMENT made this day of November 2010.
BETWEEN:
WHEREAS:
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
(the "Licensor ")
NIAGARA UNITED SOCCER
CLUB INC.
(the "Licensee ")
- and -
OF THE FIRST PART;
OF THE SECOND PART.
1. The Licensee is a non - profit organization that intends to operate a soccer club from an office
as shown outlined in red on Schedule "A" attached hereto, together with a concession stand
as shown outlined in green on Schedule "A" attached hereto, located in the Clubhouse at
Kalar Park located on Kalar Road in Niagara Falls, Ontario (the "Premises ");
2. The Licensor is the registered owner of the lands in the City of Niagara Falls, more
particularly described in Schedule "B ", attached hereto, and known municipally as Kalar
Road, Niagara Falls, Ontario ( "Kalar Park "), and for the purposes of permitting the Licensee
to use the Premises for the purposes of operating a soccer club, the Licensor has agreed to
grant this licence;
3. It is the express intent of the parties hereto that the relationship between the parties created
by this document is not to be interpreted so as to impose municipal taxation upon the
Premises;
4. The Licensor and the Licensee acknowledge and agree that the Licensee is a non - profit
organization providing a public service that is desirable and in the public interest;
5. The Licensor and the Licensee desire that the resources of the Licensee be directed towards
the programs of the Licensee and not towards funding the programs of the Licensor.
IN CONSIDERATION of the premises and other good and valuable consideration the parties agree
as follows:
THIS AGREEMENT made this day of November 2010.
BETWEEN:
WHEREAS:
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
(the "Licensor ")
- and -
NIAGARA UNITED SOCCER
CLUB INC.
(the "Licensee ")
OF THE FIRST PART;
OF THE SECOND PART.
1. The Licensee is a non - profit organization that intends to operate a soccer club from an office
as shown outlined in red on Schedule "A" attached hereto, together with a concession stand
as shown outlined in green on Schedule "A" attached hereto, located in the Clubhouse at
Kalar Park located on Kalar Road in Niagara Falls, Ontario (the "Premises ");
2. The Licensor is the registered owner of the lands in the City of Niagara Falls, more
particularly described in Schedule "B ", attached hereto, and known municipally as Kalar
Road, Niagara Falls, Ontario ( "Kalar Park "), and for the purposes of permitting the Licensee
to use the Premises for the purposes of operating a soccer club, the Licensor has agreed to
grant this licence;
3. It is the express intent of the parties hereto that the relationship between the parties created
by this document is not to be interpreted so as to impose municipal taxation upon the
Premises;
4. The Licensor and the Licensee acknowledge and agree that the Licensee is a non - profit
organization providing a public service that is desirable and in the public interest;
5. The Licensor and the Licensee desire that the resources of the Licensee be directed towards
the programs of the Licensee and not towards funding the programs of the Licensor.
IN CONSIDERATION of the premises and other good and valuable consideration the parties agree
as follows:
1. GRANT, TERM AND FEE
1.1
-2-
The Licensor grants to the Licensee the non - exclusive use of the Premises for the purposes
hereinbefore set forth, for the period of 25 years, commencing November 1, 2010 and
expiring October 31, 2035.
1.2 (1) The Licensee hereby accepts the Premises in the condition existing as of the date of
this Agreement and will not call upon the Licensor to do or pay for any work or
supply any equipment to make the Premises more suitable for the proposed use by
the Licensee hereunder.
(2) The Licensee shall pay the Licensor One Dollar ($1.00), payable annually in advance,
as a licence fee upon the commencement of this Agreement and subsequently on each
anniversary date thereof.
2. TERMS OF THE AGREEMENT
2.1 The Licensee covenants with the Licensor:
(a) To pay the licence fee as set out in paragraph 1.2(2);
(b) To maintain the appearance of the Premises and the equipment thereon in a neat,
clean and well kept manner appropriate to the condition of a municipal facility.
(c) To maintain all equipment located in the Premises at its own expense, and to repair
such equipment on written notice from the Licensor;
(d) To furnish the Premises occupied by the licensee;
(e) Not to erect signs on the Premises without the express consent of the Licensor, which
consent shall not be unreasonably withheld;
(f) To ensure that no refuse, litter, garbage or loose or objectionable material
accumulates in or about the Premises;
(g) To provide and maintain comprehensive general Liability insurance in the minium
amount of $ 5,000,000.00 with respect to its use of the Premises during the full term
of this Agreement and any extension thereof, naming the Licensor as an additional
insured, and to provide a certificate evidencing same, prior to execution of this
Agreement and as required by the Licensor. Without limiting the generality of the
foregoing, such public liability insurance shall contain provisions for cross - liability,
severability of interests, and no cancellation or alterations without the consent of the
Licensor;
(h) Not to assign this Agreement without the prior written consent of the Licensor, which
consent may be unreasonably withheld;
-3-
(i) To leave the Premises in substantially the same condition at the expiry of this
Agreement as they were at the commencement of this Agreement;
(j) To comply with all federal, provincial and municipal laws, rules, regulations and by-
laws and to hold the Licensor harmless from the consequences of its failure to do so;
(k) To continue to administer and operate the program for which this license was
granted;
(1) To continue to operate as a non - profit entity;
(m) To observe the terms and restrictions imposed by any agreement the Licensor has
entered with a third party under the terms of which the third party is granted the
exclusive right to conduct a particular business or activity within the Premises; and
(n) To observe such reasonable rules as to the operation of the Kalar Park as are made
from time to time by the Director of Recreation & Culture and/or the Director of
Municipal Works.
2.2 The Licensee may remove its equipment from the Premises, provided all damage thereby
occasioned shall forthwith be repaired by the Licensee at its own expense.
3. INDEMNITY
3.1. The Licensee shall at all times indemnify and save harmless the Licensor from and against
any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings
(including those in connection with workers' compensation or any similar or successor
arrangement) made, brought against, suffered by or imposed on the Licensor or its property
in respect of any failure by the Licensee to fulfil any of its obligations under this Agreement
or for any reason whatsoever or in respect of any loss, damage or injury (including injury
resulting in death):
(a) to any person or property (including, without restricting the generality of the
foregoing, employees, contractors, agents and property of the Licensor) directly or
indirectly arising out of, resulting from or sustained by reason of the occupation or
use of the Premises, or any operation in connection therewith or any fixtures or
chattels thereon, or
(b) to any person while on adjoining lands of the Licensor in the course of that person's
entry onto or exit from the Premises.
3.2 The Licensor shall not be liable, directly or indirectly for any personal injuries that may be
suffered or sustained by any person who may be on the Premises or for any loss of or damage
or injury to property belonging to the Licensee or any other person unless such injury, loss
or damage is due to the Licensor's negligence or default or the negligence or default of those
for whom the Licensor is in law responsible.
3.3 The Licensee shall fully indemnify and save harmless the Licensor from and against all
construction liens and related costs and other claims in connection with all work performed
by or for the Licensee on the Premises, and shall promptly remove all registered claims from
title.
3.4 The Licensee further covenants to and agrees that all goods, wares, merchandise, foodstuffs,
refreshments, equipment and property of any nature and kind brought into Kalar Park by
itself, or on its behalf, shall be at its own risk absolutely and the Licensor shall in no case be
responsible for any loss or damage thereto, howsoever caused.
4. TERMINATION
4.1 If the Licensee defaults in performing any of its obligations under this Agreement, the
Licensor shall give written notice to the Licensee of such default giving the Licensee 60 days
to remedy such default, failing which the Licensor may terminate this License and the
Licensee shall then forthwith remove its chattels and fixtures, if any, from the Premises and
shall restore the Premises to the condition in which they were at the commencement of this
Agreement.
4.2 Notwithstanding anything else herein contained, in the event that the Licensor is unsure as
to the identity of the controlling mind of the Licensee, the Licensor shall have the right to
terminate this licence at any time, provided that the Licensor gives the Licensee at least 30
days prior written notice of its intention to exercise this right. On the termination date
specified in such notice (the "Termination Date "), the Licensee shall deliver up vacant
possession of the Premises and this Agreement will be fully and completely ended as of the
Termination Date. If, as of the Termination Date, the Licensee has not surrendered the
Premises, the Licensor may re -enter the Premises; change the Locks on any entry to the
Premises; and take possession of any property of the Licensee located within the Premises.
In the event the property of the Licensee remains in the possession of the Licensor for 30
consecutive days following the Termination Date, that property shall be deemed to become
the property of the Licensor and the property may be disposed of by the Licensor in any
manner which the Licensor deems fit.
5. SURRENDER OF PREMISES
-4-
5.1 Upon the expiration of this licence either by notice or by expiration of the term or for any
cause, the Licensee shall surrender and yield up the Premises to the Licensor in the same
condition as the Licensee is required to maintain the Premises throughout the term of this
licence. The Licensee shall deliver to the Licensor all keys to the Premises and the
combination of all locks, safes and vaults, if any, in the Premises.
6. USE OF PREMISES
6.1 The Licensor shall permit reasonable use of the Premises to other sports organizations when
the Premises are not in use by the Licensee and such affiliated use shall be accordance with
the following:
-5-
(a) Recreation & Culture Department is responsible for processing all applications and
issuing permits to those groups who use the facility; and
(b) Sports organizations shall have access to the following areas:
(i) washrooms;
(ii) change rooms; and
(iii) common space.
7. DUTIES PURSUANT TO CONCESSION
7.1 All profits derived from the operation of the concession let under this Agreement shall be
devoted exclusively to the operations of the Licensee.
7.2 The Licensee shall annually provide the Licensor with a financial statement acceptable to the
Director of Recreation & Culture, covering all financial transactions carried out by the
Licensee in respect of the concession by November 1" of each year.
7.3 The Licensee shall, at its own expense, obtain, maintain and post in a visible area to the
public, all permits that are required for or in connection with the exercise of the concession.
Photocopies of all permits must be submitted to the Director of Recreation & Culture each
year.
7.4 The Licensee shall at all times observe and comply with all statutory requirements,
regulations, rules and/or by -laws of Canada, Ontario and every municipal or other authority
which in any manner affects or relate to Kalar Park and the operation of a concession therein.
7.5 The Licensee shall not put up or exhibit, or permit or allow to be put up or exhibited in Kalar
Park, any sign, notice, notice board, painting, design or advertisement without obtaining the
prior consent in writing of the Director of Recreation & Culture.
7.6 The Licensee shall, at its own expense, keep and maintain the concession in a clean, sanitary,
attractive condition that is satisfactory to the Director of Recreation & Culture and the
Medical Officer of Health for the Regional Municipality of Niagara, and regularly dispose
of all garbage, waste material and rubbish accumulating in connection with the exercise of
the concession, and the Licensee shall at all times ensure that such garbage, waste material
and /or rubbish is not dropped or left in or upon any part of Kalar Park hereinbefore recited,
and keep the grounds within a distance of 40 feet surrounding the concession, free from
papers, empty boxes, containers and other rubbish and debris of all kinds. Annual
inspections and servicing of fire extinguishers must be conducted by certified companies and
copies of Certificates confirming the operational condition of the safety equipment are to be
provided each year to the Director of Recreation & Culture.
8. USE OF CONCESSION
-6-
8.1 In exercising the concession, the Licensee shall sell only food and beverages customarily sold
to the public at athletic games or events. The Licensee shall not enter into any agreement
with a product supplier or sell any items or products other than those prescribed in the
preceding sentence without first obtaining written approval from the Director of Recreation
& Culture.
8.2 The Licensee shall offer for sale or withdraw from sale, as the case may be, pursuant to the
concession, any kind of refreshment or food product that may be designated by the City.
8.3 The Licensee shall not sell or allow to be sold pursuant to the concession, any refreshments
in plastic containers or glass bottles.
8.4 No intoxicating, alcoholic or fermented ale, wine, liquor or spirits shall be sold, dispensed,
or, with the knowledge of the Licensee, consumed in or about the concession.
8.5 The Licensee shall sell all refreshments offered for sale pursuant to the concession at no
more than prevailing competitive prices that are satisfactory to the Director of Recreation &
Culture /Municipal Works.
8.6 The Licensee agrees that the rights conferred under this Agreement do not include the use
of vending machines.
9. INSPECTION OF CONCESSION
9.1 The Director of Recreation & Culture /Municipal Works and the Medical Officer of Health
for the Regional Municipality of Niagara or their duly authorized representatives shall have
the right to enter any part of the property to inspect at any time the quality of the
refreshments offered for sale pursuant to the concession, and the manner in which the same
are prepared, kept and served. And the said Director(s)and/or the said Medical Officer of
Health may require the Licensee to make such change or changes in respect thereto as in their
opinion or the opinion of either of them is or are desirable.
10. ADVERTISING
10.1 The Licensee at its sole risk and expense, shall have the right to sell and place seasonal
(temporary) advertising, subject to the following terms and conditions:
(a) The form, display, message, content, appearance, location, construction and method
of placement of each advertisement to be placed at the park must first be approved
by the Director of Recreation & Culture /Municipal Works; and
(b) The Licensor shall have the right to remove or conceal an advertisement at any time
and at the termination of this agreement at the expense of the Licensee all advertising
placed at the park.
11. NOT CONTRACT OF EMPLOYMENT
-7-
The Licensee acknowledges and agrees that this Agreement with the City is in no way to be
deemed or construed to be a contract of employment. Specifically, the parties agree that it
is not intended by this Agreement that the Licensee or its staff, agents or employees are to
be considered to be employees of the City for the purposes of the Income Tax Act, R.S.C.
1985, c. I -1, the Canada Pension Plan, R.S., 1985, c.0 -8, the Employment Insurance Act,
1996, c. 23, the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Schedule A,
the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 and the Health Insurance Act,
R.S.O. 1990, c. H.6, all as amended from time to time and any other substituted legislation.
12. NOTICE
12.1 Any notice required to be given to the Licensor under the terms of this Agreement shall be
sufficiently given if delivered to the Licensor or mailed by prepaid registered mail addressed
to it at:
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Attention: Director of Recreation & Culture
Telephone: (905) 356 -7521
Fax: (905) 356 -7404
12.2 Any notice required to be given to the Licensee under the terms of this Agreement is deemed
to be sufficiently given if delivered to the Licensee or mailed by prepaid registered mail
addressed to the Licensee at:
Niagara United Soccer Club Inc.
6775 Kalar Road
Niagara Falls, Ontario
Attention: Donna Mantesso, President
Telephone: (905) 358 -3632
or at such other address as the Licensee may in writing designate. In either case, such notice
shall be deemed to have been received on the date of its delivery or in the case of mailing,
5 business days after it is delivered to the post office.
13. KEYS
13.1 The Licensor shall provide the Licensee with two keys to the premises.
13.2 The Licensee shall not and shall not allow additional copies of the keys to be produced.
13.3 In the event any key is lost, stolen or otherwise misplaced, the Licensee shall inform the
Licensor as soon as possible of the loss, theft or misplacement of the key.
14. GENERAL
14.1 This Agreement and any schedules hereto constitutes the entire agreement between the
parties relating to the subject matter hereof, and supersedes all prior agreements,
representations, warranties, understandings, conditions or collateral agreements, whether
oral or written, express or implied, with respect to the subject matter hereof.
14.2 This Agreement shall enure to the benefit of, and be binding upon the parties and their
(where permitted) assigns.
IN WITNESS WHEREOF the parties have affixed their respective corporate seals attested by
the hands of their respective officers duly authorized in that behalf.
mewl ig-et_ ( 20l o
ikec ( )-ol
-8-
TIIE CORPORATION OF THE
CITY OF NIAGARA FALLS
Per:
Per:
R.T. (Ted) Saki, Mayor
Dean Iorfida, City Clerk
NIAGARA UNITED SOCCER CLUB INC.
Name:
Title:
Nam
Titld:
s e S t U 0-4j-
SCHEDULE 'A'
KALAR PARK BUILDING LAYOUT PLAN
�
OE �...._ =6 E
e(�
C r.�
> 4.
SCHEDULE "B"
Part of Township Lot 164, Stamford, Part 1 on Reference Plan 59R -10614 and Part 2 on Reference
Plan 59R - 10704, save and except Part 1 on Reference Plan 59R - 12391, City of Niagara Falls,
Regional Municipality of Niagara, being all of PIN: 64264 -2094 (LT).
Niagararq,q,
REPORT TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDATION
EXECUTIVE SUMMARY
BACKGROUND
Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
Transportation Services Department
TS- 2011 -06
Out of Town Bus Terminal Lease Extension
TS- 2011 -06
January 31, 2011
1) That the current service provider be approved for lease extension on a month to
month basis until December 31, 2011 for the operation of the Out of Town Bus
Terminal; and,
2) That the Mayor and Clerk be authorized to execute the necessary agreement.
The sale of Inter - Municipal bus tickets for Coach Canada and Greyhound is provided by
a third -party vendor who leases space in the Out of Town Bus Terminal. The Downtown
Community Improvement Plan and our Transit Business Plan recognize this centre as an
important transportation hub, which is becoming increasingly important as the People
Mover initiative moves closer to fruition and GO Transit services continue to grow. Due to
these exciting new transportation developments a month to month, not to exceed one year,
lease is desired to undertake a proper assessment of the future operation of this facility
and the immediate area over the next year to determine if the current practices and
agreements can be further enhanced.
The current Inter - Municipal bus service ticketing agent has been providing this function to
the community for ten years. This operation employs six staff to provide the service on a
year round basis. Opening at 7:00 a.m. and closing at 10:30 p.m. daily, this independently
operated facility provides an amenity for bus patrons for the Inter - Municipal carriers, as
well as customers of Niagara Falls Transit. It is certainly a gateway to our community and
as such, needs to provide a professional, knowledgeable, and courteous service to the
thousands of residents and visitors, which utilize this Terminal annually. A one year
extension will provide staff with the opportunity to complete it's visioning exercise for the
property.
January 31, 2011
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
- 2 - TS- 2011 -06
The monthly lease cost will remain at the 2010 level. In addition to the monthly lease cost,
the lessee is also responsible for the payment of property taxes, the payment of all utility
charges, the payment of all insurance rates and assistance in the maintenance of the
building and surrounding lands.
CITY'S STRATEGIC COMMITMENT
This initiative is supported by Council's Strategic Priorities, which include developing and
implementing a comprehensive Transportation Plan and, strengthen and promote
economic development within the City.
Recommended by:
Respectfully submitted:
Karl Dren, Director of Transportation Services
Ke Todd, Chief Administrative Officer
S: \General Administration \GA 1.01 Reports \2011 Council \01 Jan 31 \TS- 2011 -06 Out of Town Bus Terminal Lease Extension.wpd
NiagaraJalls January 31, 2011
c�naua
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2011 -09
Trademark Registration for Niagara Falls Transit "iride" Logo
RECOMMENDATION
That Council approve the trademarking of the logo developed to promote Niagara Falls
Transit's new "iride" fare media.
EXECUTIVE SUMMARY
TS- 2011 -09
Niagara Falls Transit staff have developed a new logo to support the new `smart card' fare
media. To protect against the illicit and unauthorized use of the image, the new "iride" logo
is being trademarked.
BACKGROUND
Niagara Falls Transit staff have recently introduced new fareboxes, which have the ability
to read `smart cards'. These cards have a computer chip laminated within the plastic card,
which allows staff to read and write information from and to the individual's card.
Therefore, as this new fare media is introduced to the community, Transit staff have
tremendous flexibility to alter the information placed onto the customer's card and, of
greater value, read the individual's card as they board the buses.
These new "iride" smart cards will allow Transit staff to perform the following functions;
• Alter the value of the card based on number of rides, time parameters, or cash
stored on the card.
• Since the new fareboxes are GPS equipped, as each customer boards the bus and
taps their card to the farebox reader, Transit staff can determine what type of fare
payment was made (Adult, Senior, Student), as well as where and when the
transaction took place.
• The new "iride" cards may also be reloaded with value on the bus, which provides
a tremendous convenience to our customers.
• The chip imbedded within the card will also allow staff to develop marketing
programs, which can be designed to achieve an endless number of objectives.
• Enhance the vending options to make the cards easier to acquire and retain for
longer periods of time due to their durable construction.
• Offer "iride" card replacement insurance to customers to protect against the loss or
theft of their cards.
TS- 2011 -09
"iride" Transit
Smart Card
ANALYSIS /RATIONALE
Staff have determined the necessity of this action to protect the Corporation against
individuals who may wish to take advantage of the "iride" logo for various other purposes
not supported by the municipality, which may include; for profit, supporting non sanctioned
initiatives, and utilizing the logo to authenticate other programs. In an effort to ensure the
"iride" card and logo are best protected, the base components of the logo have been
broken out and trademarked as well, as shown on the attached sheet.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The trademarking of this logo will cost $500.00 to $2,000.00. With these actions, the City
of Niagara Falls will have a greater ability to impede those who try to utilize the logo without
our consent.
CITY'S STRATEGIC COMMITMENT
This initiative is supported by Council's Strategic Priorities, which include developing and
implementing a comprehensive Transportation Plan and strengthen and promote economic
development within the city.
LIST OF ATTACHMENTS
The "iride" logo, including the base components are displayed.
Recommended by:
Approved by:
-2-
ride
rl;agsr i stransit
the way to go!
Karl Dren,
Director, Transportation Services Department
Ken Todd, Chief Administrative Officer
January 31, 2011
D. Stuart
S:AGeneral Administration \GA 1.01 Reports \2011 Committee of the Whole\01 Jan 31\TS- 2011 -09 iride Trademark Registration.wpd
dde
dde
transit
dde
transit
the way to go!
The City of Niagara Falls, Ontario
Resolution
No.
Moved by Councillor
Seconded by Councillor
WHEREAS the City's Canada Day celebration is one of the most eagerly anticipated events
organized by the municipality; and
WHEREAS the municipality annually applies to the Federal government for funding; and
WHEREAS the Federal government is once again requesting a Council resolution authorizing the
submission of the grant application.
THEREFORE BE IT RESOLVED that the appropriate staff person be authorized to submit a
financial request to the Department of Canadian Heritage in relation to the "Celebrate Canada!"
program for organizing activities to celebrate Canada Day.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA JAMES M. DIODATI
CITY CLERK MAYOR
A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes
along which no parking of vehicles shall be peimitted.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. By -law No. 80 -114 is amended by deleting Schedule "A" and Schedule 'A" attached hereto
shall be inserted in lieu thereof.
2. By -law No. 80 -1 14 is amended by adding Schedule `B -78" attached hereto.
Passed this thirty -first day of January, 2011.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
January 31, 2011.
January 31, 2011.
January 31, 2011.
CITY OF NIAGARA FALLS
By -law No. 2011 -
COLUMN 1
SITE
Thorold Stone Mall
Stamford Green Plaza
Town & Country Plaza
Drummond Square
Towers Plaza
Lundy's Lane Plaza
Niagara Square
Finbows Plaza
Electronic Supermarket
Southway Plaza
Skylon Tower
Pyramid Place
Maple Leaf Village
Canadian Tire
Y.M.C.A.
Summerlea Acres
Stamford Collegiate
Victoria Meadows Townhomes
Niagara South Condominium
Corporation No. 21
YWCA Residential Complex
Niagara Crossing Factory Stores
St. Paul Driving Range
SCHEDULE "A"
COLUMN 2
LOCATION
6161 Thorold Stone Road
Portage Road
3648 Portage Road
Drummond Road
Morrison Street
6460 Lundy's Lane
7555 Montrose Road
6734 Lundy's Lane
6282 Lundy's Lane
Drummond and Dunn
5200 Robinson Street
5400 Robinson Street
Falls Avenue (Oneida Lane)
6840 McLeod Road
4261 Fourth Avenue
6767 Thorold Stone Road
Drummond Road and Leonard
Avenue
Monastery Drive
Ailanthus Avenue
Oakwood Drive
St. Paul Avenue
COLUMN 3
SCHEDULE "B"
NUMBER
Schedule "B -1"
Schedule "B -2"
Schedule "B -3"
Schedule "B -4°'
Schedule "B -5"
Schedule "B -6"
Schedule "B -7"
Schedule "B -8"
Schedule "B -9
Schedule "B -10"
Schedule "B -1 1"
Schedule "B -12''
Schedule "B -13"
Schedule "B -14"
Schedule "B -15"
Schedule "B -16"
Schedule "B -17"
Schedule "B -18"
Kalar Road and Coventry Road Schedule "B -19"
Schedule "B -20"
Schedule ``B -21"
Schedule "B -22''
COLUMN 1
SITE
Brockway Business Centre
Niagara South Condominium No.
28
Niagara South Condominium No.
19
Brookside Village Co- Operative
Homes Inc.
Niagara South Condominium Plan
No. 43
Factor Forms Niagara Ltd.
Zehrs Markets
Ameri -Cana Resort
Niagara South Condominium
Corporation #2
Kingsbridge Village
Non - Profit Housing Corporation
Pine Meadows Builders
Townhouse Condominium Project
- 35 Townhouses
21 Unit Townhome Development
Niagara South Condominium
Corporation No. 1
Edscha of Canada
COLUMN 2
LOCATION
Montrose and Thorold Stone
Roads
5100 Dorchester Road
5150 Dorchester Road
8175 McLeod Road
4230 Meadowvale Drive
8481 Earl Thomas Avenue
Morrison Street and Dorchester
Road
8444 Lundy's Lane
3955 Portage Road
3516 Main Street
8055 McLeod Road and 8065
McLeod Road
5088 Drummond Road
Mewburn Road
6453 Colborne Street and 6476
Huggins Street
5795 Don Murie Street
First Professional Management 7190 Morrison Street
Inc.
COLUMN 3
SCHEDULE "B"
NUMBER
Schedule "B -23"
Schedule `"B -24"'
Schedule `'B -25"
Schedule "`B -26"'
Schedule '"B -27"
Schedule "B -28"
Schedule `'B -29"
Schedule "B -30"
Schedule "B -31"
Schedule "B -32"
Schedule ``B -33"
Schedule "'B -34"
Schedule "B -35
Schedule `'B -36"
Schedule ``B -37"
Schedule "B -38"
COLUMN 1
SITE
Orchard Grove Estates Extension
Econo Lodge Hotel
Montrose Gardens
Orlando Drive Condominium
Micron Installations
Rosemount Condominium
Mount Cannel Centre
Great Lodge Resort
Burnfield Lane Condominium
Niagara South Condominium
Niagara South Condominium
Corp. #42
Niagara South Condominium
Corp. #57
Promenade Condominiums
Horne Depot
The Courtyard at Meadow Creek
Falls Masonry Ltd.
Townhouse Condominiums
Feliciano Pingue
Proposed Condorninium
Feliciano Pingue
Proposed Condominium
Canada One Factory Outlet Mall
COLUMN 2
LOCATION
Magnolia Drive
Access to Lots 30 - 33, 36 - 39, 42
- 45 and 48 - 51
7.514 Lundy's Lane
Montrose Road
3797 Orlando Drive
6501 Kister Road
Montrose Road
Montrose Road
Victoria Avenue at Leader Lane
3241 Montrose Road
5200 Dorchester Road
7001 Casey Street
2684 Mewburn Road
3300 Montrose Road
7190 Morrison Street
8142 Costabile Drive
5595 Drummond Road
6012 Frontenac Street
6430 Montrose Road
7500 Lundy's Lane
COLUMN 3
SCHEDULE `B"
NUMBER
Schedule "B -39"
Schedule '`B -40"
Schedule - B-41 -
Schedule "B -42"
Schedule "B -43"
Schedule ``B -44''
Schedule "B -45'
Schedule "B -46'
Schedule B -47'
Schedule "B -48''
Schedule "B -49"
Schedule "B -50"
Schedule '`B -51"
Schedule "B -52"
Schedule `'B -53"
Schedule `B -54''
Schedule "B -55"
Schedule "B -56"
Schedule "B -57"
COLUMN 1
SITE
Niagara South Condominium
Corporation No. 4 - Park Royal
Niagara Catholic District School
Board - West Niagara Falls
Catholic Elementary School
Secord Mills
Modern Landfill Inc.
Ashton Heights Condominium
Courtyard Apartments
MacBain Community Centre
Victoria Park Towers
Imperial Towers
6390 Huggins Apartments and
6400 Huggins Apartments
Rock Spring Gardens
Condominium
West Meadow Phase II
Delphina Gardens
Adeline Apartments
Panoramic Properties Inc.
1251549 Ontario Limited and
623381 Ontario Inc.
Condominium
Omada Homes Inc.
3322 Addison Street
3900 Kalar Road
COLUMN 2
LOCATION
8918 Sodom Road
2025 Fruitbelt Parkway
Drummond Road and Murray
Street
4658 Drummond Road
7150 Montrose Road
6521 Drummond Road
6563 Drummond Road
6390 and 6400 Huggins Street
6334 Desanka Avenue
4399 Montrose Road
6753 O'Neil Street
6420 Montrose Road
7591 Scholfield Road
6167 - 6175 -6181 Dorchester Road
6928 Ailanthus Avenue
COLUMN 3
SCHEDULE "B"
NUMBER
Schedule "B -58"
Schedule "B -59"
Schedule "B -60"
Schedule "B -61"
Schedule "B -62"
Schedule "B -63"
Schedule "B -64
Schedule - 'B -65"
Schedule "B -66"
Schedule "B -67'
Schedule '`B -68"
Schedule "B -69"
Schedule
Schedule '`B -71"
Schedule "B -72"
Schedule "B -73"
Schedule "B -74"
Brighton Condominiums 3915 Portage Road Schedule `'B -75"
Thundering Waters
Condominiums
COLUMN 1 COLUMN 2 COLUMN 3
SITE LOCATION SCHEDULE "B"
NUMBER
Langendoen Homes Ltd. -
Meadowcreek Homes
Marken Homes
6000 Marineland Parkway
2634 St. Paul Avenue
9440 Eagle Ridge Drive
Schedule "B -76"
Schedule "B -77"
Schedule "B -78"
Lit
y.MN.NNAMTIpww.wy ITT rwrttr AK1611104
BLOCK
o wing
SCHEDULE "g1
O
14 ./ "'65 i
7►.. y .. r y ob /
C.
RIG . 1,01
/
/ / . 6s /
• 67'
81
A /
I' 0 /
R E
V %.f
telP
16491 S I?" 1
b
�.�il
�"' pl af.w1
66 �
X 01
DeS/Gw4rtJ RE Rpu7E •
0
1 19
(0160 .
/
`1y 0
(VL- T
ADDITIONAL INFORMATION REQUIRED UNDER SECTION
51 OF THE PLANNING ACT AND UNDER SECTION 9
OF THE CONDOMINIUM ACT 1998
µ141WEINIONONITIN N
pl d/11IaNIt€NOIVITRw
-Atf10TN10NOMFTP OOEYRRi
WI'TNt uKwNt ERVELO°OlRrvp
i
([1- MIHOWNE ORAPTRAN
(fn•IMSAnnowcortRAN
(p- MraYNONOMFTRMI
toe- comee*L
IRO IMCSW
(a1- waM�LINWIN LYTTAT
TIO-MLNIAIOPALINNAGISIEDWAIRE
w-A.Rp0010N01VRTAWE
UM USE ANALYSIS
NIAIaER OF UNITS
TOTAL AREA OF STE
UNn5 PER HECTARE
PARTING
— _demi. boundary of ells
0
Draft Plan d Y4ad Land condotntilr d
BLACK 120
PLAN 59M-319
CITY OF NIAGARA FALLS
RECONAL MUNICIPALITY OF NIAGARA
9 1 r r<
SCALE 1
MaNMtu, Cameron. Heywood - Retry T. Novo
SURVEYING UMIIED
UM: 39124
2010
MW
I NEWBY AUTHORITE W OLK MERCK IEYAOOO - KERRY
NAOARA FALLS FOR OUR 10L20 APPROVAL.
PINT TO THE OTT
JULY S
004
OWNER'S CERTIFICATE
I NEWR' AUNIORI E MAT11E74 CAMERON. IETVOOO - KERRY
O F NACARA L 1 APPROVAL. TPLAN TO 711E CITY
ALY
Gel.
SURVEYOR'S CERTIFICATE
t S HEREBY p THE LAND TO BE
1 CORRECTLY SNOW
M.1
0.I..
My Of Nr�ago as Falls
(not to scale)
40
1.41 H.
21.97
99 GARAGE SPACES
56 DRIVEWAY SPANS
1 ,10T00 SPAFc4
roVAL O1I0
F..uw.w
TNrrs...IO.r.N.
Oda Pp u Ln•A 9P UK
IY
1.66
P/I/ NIMOMaI1TA.Nd
I.w ir�
T � -M
Rata 4161 U IMM t llrel10
NMf.I t ��
CITY OF NIAGARA FALLS
By -law No. 2011 -
A by -law to adopt a mark, symbol or design for the City of Niagara Falls War of 1812 Bicentennial
Logo for The Corporation of the City of Niagara Falls.
WHEREAS Niagara Falls City Council approved the registration of the City of Niagara Falls War
of 1812 Bicentennial Logo; and
WHEREAS to make the logo official it is necessary for the municipality to request the Registrar to
give public notice, in accordance with the provisions of Section 9(1)(N)(iii) of the Trade -Marks Act.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
That the mark, symbol or design depicted and shown in Schedule "A" attached hereto and forming
part of this by -law is hereby adopted as the official City of Niagara Falls War of 1812 Bicentennial
Logo for The Corporation of the City of Niagara Falls.
Passed this thirty -first day of January, 2011.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
January 31, 2011
January 31, 2011
January 31, 2011
SCHEDULE'
BICENTENNIAL
Ce(ebrating 2ooYears of Peace!
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY -LAW
Number 2011 -
A by -law to amend By -law No. 89 -2000,
being a by -law to regulate parking and
traffic on City Roads. (Stopping Prohibited,
Standing Prohibited, Stop Signs at
Intersections, Designated Lanes)
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:
(a) by adding to the specified columns of Schedule A thereto the following items:
STOPPING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES /DAYS
Oakwood Drive Both A point 120 metres north of McLeod Road and At All Times
a point 120 metres south of McLeod Road
Oakwood Drive Both A point 145 metres south of McLeod Road and At All Times
a point 900 metres south of McLeod Road
COLUMN 1
HIGHWAY
Oakwood Drive A point 120 metres south of McLeod
Road and a point 750 metres south
of McLeod Road
First Reading: January 31, 2011
Second Reading: January 31, 2011
Third Reading: January 31, 2011
-2-
(b) by adding to the specified columns of Schedule B thereto the following item:
STANDING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES /DAYS
Oakwood Drive Both A point 120 metres south of McLeod Road and At All Times
a point 145 metres south of McLeod Road
(c) by adding to the specified columns of Schedule P thereto the following item:
STOP SIGNS AT INTERSECTIONS
Passed this thirty -first day of January , 2011.
COLUMN 2
FACING TRAFFIC
Finlay Avenue & Symmes Street Northbound on Finlay Avenue
(d) by adding to the specified columns of Schedule U thereto the following item:
DESIGNATED LANES
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
HIGHWAY BETWEEN DESIGNATED LANE TIMES /DAYS DIRECTION
1.5 Metre Curb Lane
for Cyclists Only
At All Times
This By -law shall come into force when the appropriate signs are installed.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
Northbound &
Southbound
CITY OF NIAGARA FALLS
By -law No. 2011 -
A by -law to authorize the granting of a licence with Niagara United Soccer Club Inc. for non-
exclusive use of the Clubhouse at Kalar Park
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A licence agreement made between The Corporation of the City of Niagara Falls, as
Licensor, and Niagara United Soccer Club Inc., as Licensee, respecting the non - exclusive use
of the Clubhouse at Kalar Park, as attached hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Licence Agreement.
Passed this thirty -first day of January, 2011.
DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
January 31, 2011
January 31, 2011
January 31, 2011
THIS AGREEMENT made this day of November 2010.
BETWEEN:
WHEREAS:
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
(the "Licensor ")
(the "Licensee ")
- and -
NIAGARA UNITED SOCCER
CLUB INC.
OF THE FIRST PART;
OF THE SECOND PART.
1. The Licensee is a non -profit organization that intends to operate a soccer club from an office
as shown outlined in red on Schedule "A" attached hereto, together with a concession stand
as shown outlined in green on Schedule "A" attached hereto, located in the Clubhouse at
Kalar Park located on Kalar Road in Niagara Falls, Ontario (the "Premises ");
2. The Licensor is the registered owner of the lands in the City of Niagara Falls, more
particularly described in Schedule "B ", attached hereto, and known municipally as Kalar
Road, Niagara Falls, Ontario ( "Kalar Park "), and for the purposes of permitting the Licensee
to use the Premises for the purposes of operating a soccer club, the Licensor has agreed to
grant this licence;
3. It is the express intent of the parties hereto that the relationship between the parties created
by this document is not to be interpreted so as to impose municipal taxation upon the
Premises;
4. The Licensor and the Licensee acknowledge and agree that the Licensee is a non - profit
organization providing a public service that is desirable and in the public interest;
5. The Licensor and the Licensee desire that the resources of the Licensee be directed towards
the programs of the Licensee and not towards funding the programs of the Licensor.
IN CONSIDERATION of the premises and other good and valuable consideration the parties agree
as follows:
1. GRANT, TERM AND FEE
1.1
-2-
The Licensor grants to the Licensee the non- exclusive use of the Premises for the purposes
hereinbefore set forth, for the period of 25 years, commencing November 1, 2010 and
expiring October 31, 2035.
1.2 (1) The Licensee hereby accepts the Premises in the condition existing as of the date of
this Agreement and will not call upon the Licensor to do or pay for any work or
supply any equipment to make the Premises more suitable for the proposed use by
the Licensee hereunder.
(2) The Licensee shall pay the Licensor One Dollar ($1.00), payable annually in advance,
as a licence fee upon the commencement of this Agreement and subsequently on each
anniversary date thereof.
2. TERMS OF THE AGREEMENT
2.1 The Licensee covenants with the Licensor:
(a) To pay the licence fee as set out in paragraph 1.2(2);
(b) To maintain the appearance of the Premises and the equipment thereon in a neat,
clean and well kept manner appropriate to the condition of a municipal facility.
(c) To maintain all equipment located in the Premises at its own expense, and to repair
such equipment on written notice from the Licensor;
(d) To furnish the Premises occupied by the licensee;
(e) Not to erect signs on the Premises without the express consent of the Licensor, which
consent shall not be unreasonably withheld;
(f) To ensure that no refuse, litter, garbage or loose or objectionable material
accumulates in or about the Premises;
(g) To provide and maintain comprehensive general liability insurance in the minium
amount of $ 5,000,000.00 with respect to its use of the Premises during the full term
of this Agreement and any extension thereof, naming the Licensor as an additional
insured, and to provide a certificate evidencing same, prior to execution of this
Agreement and as required by the Licensor. Without limiting the generality of the
foregoing, such public liability insurance shall contain provisions for cross - liability,
severability of interests, and no cancellation or alterations without the consent of the
Licensor;
(h) Not to assign this Agreement without the prior written consent of the Licensor, which
consent may be unreasonably withheld;
-3-
(i) To leave the Premises in substantially the same condition at the expiry of this
Agreement as they were at the commencement of this Agreement;
(j) To comply with all federal, provincial and municipal laws, rules, regulations and by-
laws and to hold the Licensor harmless from the consequences of its failure to do so;
(k) To continue to administer and operate the program for which this license was
granted;
(I) To continue to operate as a non - profit entity;
(m) To observe the terms and restrictions imposed by any agreement the Licensor has
entered with a third party under the terms of which the third party is granted the
exclusive right to conduct a particular business or activity within the Premises; and
(n) To observe such reasonable rules as to the operation of the Kalar Park as are made
from time to time by the Director of Recreation & Culture and/or the Director of
Municipal Works.
2.2 The Licensee may remove its equipment from the Premises, provided all damage thereby
occasioned shall forthwith be repaired by the Licensee at its own expense.
3. INDEMNITY
3.1. The Licensee shall at all times indemnify and save harmless the Licensor from and against
any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings
(including those in connection with workers' compensation or any similar or successor
arrangement) made, brought against, suffered by or imposed on the Licensor or its property
in respect of any failure by the Licensee to fulfil any of its obligations under this Agreement
or for any reason whatsoever or in respect of any loss, damage or injury (including injury
resulting in death):
(a) to any person or property (including, without restricting the generality of the
foregoing, employees, contractors, agents and property of the Licensor) directly or
indirectly arising out of, resulting from or sustained by reason of the occupation or
use of the Premises, or any operation in connection therewith or any fixtures or
chattels thereon, or
(b) to any person while on adjoining lands of the Licensor in the course of that person's
entry onto or exit from the Premises.
3.2 The Licensor shall not be liable, directly or indirectly for any personal injuries that may be
suffered or sustained by any person who may be on the Premises or for any loss of or damage
or injury to property belonging to the Licensee or any other person unless such injury, toss
or damage is due to the Licensor's negligence or default or the negligence or default of those
for whom the Licensor is in law responsible.
3.3 The Licensee shall fully indemnify and save harmless the Licensor from and against all
construction liens and related costs and other claims in connection with all work performed
by or for the Licensee on the Premises, and shall promptly remove all registered claims from
title.
3.4 The Licensee further covenants to and agrees that all goods, wares, merchandise, foodstuffs,
refreshments, equipment and property of any nature and kind brought into Kalar Park by
itself, or on its behalf, shall be at its own risk absolutely and the Licensor shall in no case be
responsible for any loss or damage thereto, howsoever caused.
4. TERMINATION
4.1 If the Licensee defaults in performing any of its obligations under this Agreement, the
Licensor shall give written notice to the Licensee of such default giving the Licensee 60 days
to remedy such default, failing which the Licensor may terminate this License and the
Licensee shall then forthwith remove its chattels and fixtures, if any, from the Premises and
shall restore the Premises to the condition in which they were at the commencement of this
Agreement.
4.2 Notwithstanding anything else herein contained, in the event that the Licensor is unsure as
to the identity of the controlling mind of the Licensee, the Licensor shall have the right to
teiniinate this licence at any time, provided that the Licensor gives the Licensee at least 30
days prior written notice of its intention to exercise this right. On the termination date
specified in such notice (the "Temiination Date "), the Licensee shall deliver up vacant
possession of the Premises and this Agreement will be fully and completely ended as of the
Termination Date. If, as of the Termination Date, the Licensee has not surrendered the
Premises, the Licensor may re -enter the Premises; change the locks on any entry to the
Premises; and take possession of any property of the Licensee located within the Premises.
In the event the property of the Licensee remains in the possession of the Licensor for 30
consecutive days following the Termination Date, that property shall be deemed to become
the property of the Licensor and the property may be disposed of by the Licensor in any
manner which the Licensor deems fit.
5. SURRENDER OF PREMISES
-4-
5.1 Upon the expiration of this licence either by notice or by expiration of the term or for any
cause, the Licensee shall surrender and yield up the Premises to the Licensor in the same
condition as the Licensee is required to maintain the Premises throughout the term of this
licence. The Licensee shall deliver to the Licensor all keys to the Premises and the
combination of all locks, safes and vaults, if any, in the Premises.
6. USE OF PREMISES
6.1 The Licensor shall permit reasonable use of the Premises to other sports organizations when
the Premises are not in use by the Licensee and such affiliated use shall be accordance with
the following:
-5-
(a) Recreation & Culture Department is responsible for processing all applications and
issuing permits to those groups who use the facility; and
(b) Sports organizations shall have access to the following areas:
(i) washrooms;
(ii) change rooms; and
(iii) common space.
7. DUTIES PURSUANT TO CONCESSION
7.1 All profits derived from the operation of the concession let under this Agreement shall be
devoted exclusively to the operations of the Licensee.
7.2 The Licensee shall annually provide the Licensor with a financial statement acceptable to the
Director of Recreation & Culture, covering all financial transactions carried out by the
Licensee in respect of the concession by November 1 of each year.
7.3 The Licensee shall, at its own expense, obtain, maintain and post in a visible area to the
public, all permits that are required for or in connection with the exercise of the concession.
Photocopies of all permits must be submitted to the Director of Recreation & Culture each
year.
7.4 The Licensee shall at all times observe and comply with all statutory requirements,
regulations, rules and/or by -laws of Canada, Ontario and every municipal or other authority
which in any manner affects or relate to Kalar Park and the operation of a concession therein.
7.5 The Licensee shall not put up or exhibit, or permit or allow to be put up or exhibited in Kalar
Park, any sign, notice, notice board, painting, design or advertisement without obtaining the
prior consent in writing of the Director of Recreation & Culture.
7.6 The Licensee shall, at its own expense, keep and maintain the concession in a clean, sanitary,
attractive condition that is satisfactory to the Director of Recreation & Culture and the
Medical Officer of Health for the Regional Municipality of Niagara, and regularly dispose
of all garbage, waste material and rubbish accumulating in connection with the exercise of
the concession, and the Licensee shall at all times ensure that such garbage, waste material
and/or rubbish is not dropped or left in or upon any part of Kalar Park hereinbefore recited,
and keep the grounds within a distance of 40 feet surrounding the concession, free from
papers, empty boxes, containers and other rubbish and debris of all kinds. Annual
inspections and servicing of fire extinguishers must be conducted by certified companies and
copies of Certificates confirming the operational condition of the safety equipment are to be
provided each year to the Director of Recreation & Culture.
8. USE OF CONCESSION
-6-
8.1 In exercising the concession, the Licensee shall sell only food and beverages customarily sold
to the public at athletic games or events. The Licensee shall not enter into any agreement
with a product supplier or sell any items or products other than those prescribed in the
preceding sentence without first obtaining written approval from the Director of Recreation
& Culture.
8.2 The Licensee shall offer for sale or withdraw from sale, as the case may be, pursuant to the
concession, any kind of refreshment or food product that may be designated by the City.
8.3 The Licensee shall not sell or allow to be sold pursuant to the concession, any refreshments
in plastic containers or glass bottles.
8.4 No intoxicating, alcoholic or fermented ale, wine, liquor or spirits shall be sold, dispensed,
or, with the knowledge of the Licensee, consumed in or about the concession.
8.5 The Licensee shall sell all refreshments offered for sale pursuant to the concession at no
more than prevailing competitive prices that are satisfactory to the Director of Recreation &
Culture /Municipal Works.
8.6 The Licensee agrees that the rights conferred under this Agreement do not include the use
of vending machines.
9. INSPECTION OF CONCESSION
9.1 The Director of Recreation & Culture /Municipal Works and the Medical Officer of Health
for the Regional Municipality of Niagara or their duly authorized representatives shall have
the right to enter any part of the property to inspect at any time the quality of the
refreshments offered for sale pursuant to the concession, and the manner in which the same
are prepared, kept and served. And the said Director(s)and /or the said Medical Officer of
Health may require the Licensee to make such change or changes in respect thereto as in their
opinion or the opinion of either of them is or are desirable.
10. ADVERTISING
10.1 The Licensee at its sole risk and expense, shall have the right to sell and place seasonal
(temporary) advertising, subject to the following terms and conditions:
(a) The form, display , message, content, appearance, location, construction and method
of placement of each advertisement to be placed at the park must first be approved
by the Director of Recreation & Culture /Municipal Works; and
(b) The Licensor shall have the right to remove or conceal an advertisement at any time
and at the termination of this agreement at the expense of the Licensee all advertising
placed at the park.
11. NOT CONTRACT OF EMPLOYMENT
-7-
The Licensee acknowledges and agrees that this Agreement with the City is in no way to be
deemed or construed to be a contract of employment. Specifically, the parties agree that it
is not intended by this Agreement that the Licensee or its staff, agents or employees are to
be considered to be employees of the City for the purposes of the Income Tax Act, R.S.C.
1985, c. I -1, the Canada Pension Plan, R.S., 1985, c.0 -8, the Employment Insurance Act,
1996, c. 23, the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Schedule A,
the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 and the Health Insurance Act,
R.S.O. 1990, c. H.6, all as amended from time to time and any other substituted legislation.
12. NOTICE
12.1 Any notice required to be given to the Licensor under the terms of this Agreement shall be
sufficiently given if delivered to the Licensor or mailed by prepaid registered mail addressed
to it at:
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Attention: Director of Recreation & Culture
Telephone: (905) 356 -7521
Fax: (905) 356 -7404
12.2 Any notice required to be given to the Licensee under the terms of this Agreement is deemed
to be sufficiently given if delivered to the Licensee or mailed by prepaid registered mail
addressed to the Licensee at:
Niagara United Soccer Club Inc.
6775 Kalar Road
Niagara Falls, Ontario
Attention: Donna Mantesso, President
Telephone: (905) 358 -3632
or at such other address as the Licensee may in writing designate. In either case, such notice
shall be deemed to have been received on the date of its delivery or in the case of mailing,
5 business days after it is delivered to the post office.
13. KEYS
14. GENERAL
1 Mb& )(0(0
ba( ( AYo
-8-
13.1 The Licensor shall provide the Licensee with two keys to the premises.
13.2 The Licensee shall not and shall not allow additional copies of the keys to be produced.
13.3 In the event any key is lost, stolen or otherwise misplaced, the Licensee shall inform the
Licensor as soon as possible of the loss, theft or misplacement of the key.
14.1 This Agreement and any schedules hereto constitutes the entire agreement between the
parties relating to the subject matter hereof, and supersedes all prior agreements,
representations, warranties, understandings, conditions or collateral agreements, whether
oral or written, express or implied, with respect to the subject matter hereof.
14.2 This Agreement shall enure to the benefit of, and be binding upon the parties and their
(where permitted) assigns.
IN WITNESS WHEREOF the parties have affixed their respective corporate seals attested by
the hands of their respective officers duly authorized in that behalf.
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Per:
laq44.ettj-Sralrf; Mayor
�RmO M - t
P .
Dean Iorfida, City Clerk
NI • RA UNITED SOCCER CLUB INC.
( 7 A ( --71)7-
Na e: Ork_A l AA Cu/dr Sc-O
Title: 0 I 4 A_ w scot-, t
e: �Lb iv W 4e t-
e: v rc‘ PRA r —'
S�c�G(z G
Na
Ti
SCHEDULE 'A'
KALAR PARK BUILDING LAYOUT PLAN
SCHEDULE "B"
Part of Township Lot 164, Stamford, Part 1 on Reference Plan 59R -10614 and Part 2 on Reference
Plan 59R - 10704, save and except Part 1 on Reference Plan 59R - 12391, City of Niagara Falls,
Regional Municipality of Niagara, being all of PIN: 64264 -2094 (LT).
CITY OF NIAGARA FALLS
By -Iaw No. 2011 -
A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31' day
of January, 2011.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as
herein set forth be adopted, ratified and confirmed by by -law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The actions of the Council at its meeting held on the 31st day of January, 201 1 including all
motions, resolutions and other actions taken by the Council at its said meeting, are hereby
adopted, ratified and confirmed as if they were expressly embodied in this by -law. except
where the prior approval of the Ontario Municipal Board or other authority is by law required
or any action required by law to be taken by resolution.
2. Where no individual by -law has been or is passed with respect to the taking of any action
authorized in or with respect to the exercise of any powers by the Council, then this by -law
shall be deemed for all purposes to be the by -law required for approving, authorizing and
taking of any action authorized therein or thereby, or required for the exercise of any powers
thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby
authorized and directed to do all things necessary to give effect to the said actions of the
Council or to obtain approvals where required, and, except where otherwise provided, the
Mayor and the Clerk are hereby authorized and directed to execute all documents arising
therefrom and necessary on behalf of the Corporation of the City ofNiagara Falls and to affix
thereto the corporate seal of the Corporation of the City of Niagara Falls.
Passed this thirty -first day of January 2011.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
January 31, 2011
January 31, 2011
January 31, 2011