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2011/04/04COUNCIL MEETING Monday, April 4, 2011 Order of Business and Agenda Package NiagaraJ CAtiAU�1 PRAYER: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of March 21, 2011 * * * ** Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Order of Ontario Wilma Morrison, local resident and a lifelong promoter of Niagara's Black history will be recognized for recently receiving the Order of Ontario. Niagara Community Foundation Mayor's Youth Advisory Committee COUNCIL MEETING April 4, 2011 DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS/ PRESENTATIONS Liz Palmieri, Executive Director, will inform Council of the Niagara Community Foundation and recent local recipient. Representatives of the Mayor's Youth Advisory Committee will bring to Council's attention a recycling initiative. Coyote Watch Canada Mayor Diodati will recognized Lesley Sampson and Jim Brown of Coyote Watch Canada for their assistance in dealing with coyotes in our community. -AND- 1. Chief Administrative Officer CD- 2011 -04 - Anti - Feeding By -law 1. Chief Administrative Officer - 2011 Budget 1. F- 2011 -13 2. F- 2011 -14 - 2011 Permissive Grants - Fees for Service - 2 - PLANNING MATTERS PD- 2011 -19, Street Name Change Request, Roberts Street (between Stanley Avenue & Bender Street) and Falls Avenue (Bender Street to Hiram Street) MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Garry Beck - requesting a grant equal to the staff costs of $300 for the road closure associated with a RCAFA parade on May 15th. Recommendation: For the Consideration of Council. 2. Regional Municipality of Niagara - requesting input from Council on the application by Commisso's for a tourist exemption under the Retail Business Holiday's Act. Recommendation: That Council support the application. 3. City Clerk - Council consider whether to have a meeting on May 2" the date of the Federal election. Recommendation: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. * * * ** REPORTS -3 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 -10 - Major Receivables Monthly (February ) F- 2011 -11 - Annual Statement of Remuneration & Expenses for Members of Council and Commissions FS- 2011 -03 - Amendment to User Fee By -law for Fire Prevention & Suppression MW- 2011 -17 - Easement Agreement with Region of Niagara Seneca Street Pump Station Generator Building PD- 2011 -17 - Official Plan Amendment No. 91, Deletion of Market studies as Requirements Modifications to the Amendment. PD- 2011 -18 - Proposed Deeming By -law, Lot 18 Registered Plan NS-25. Owners: Samuel & Theresa Barclay BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -37 A by -law to discourage the feeding of coyotes. 2011 -38 A by -law to amend By -law No. 79 -200, to recognize an existing triplex dwelling on the Lands. (AM- 2010 -013) 2011 -39 A by -law to designate Lot 18, Plan NS -25 to be deemed not to be within a registered plan of subdivision. (DB- 2011 -001) 2011 -40 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Yield Signs at Intersection ) 2011 -41 A by -law to establish Block 17 on Registered Plan 59M -233 as a public highway, to be known as and to form part of Matthews Drive. 2011 -42 A by -law to authorize the execution of an Agreement with the Steckley Family & Friends respecting the Adopt- A- Street/Park/Trail public service program for volunteers. 2011 -43 2011 -44 2011 -45 - 4 - A by -law to hereby authorize the Mayor and Chief Administrative Officer to execute an Amending Agreement under the Infrastructure Stimulus Fund between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Agriculture, Food and Rural Affairs, and the Corporation of the City of Niagara Falls. A by -law to hereby authorize the Mayor and Chief Administrative Officer to execute an Amending Agreement under the Recreational Infrastructure Canada Program in Ontario between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Health, Promotion and Sport, and the Corporation of the City of Niagara Falls. A by -law to establish an unnamed street on Plan 260 Village of Chippawa Tying north of Sarah Street as a public highway, to be known as and to form part of Ives Gateway. 2011 -46 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4 day of April, 2011. NEW BUSINESS (3/16/2011) Teresa Fabbro - Re: Judge Smeaton and Wilma Morrison T Page 1 From: Dean Iorfida To: Cathy Crabbe CC: Teresa Fabbro Date: 3/15/2011 9:50 AM Subject: Re: Judge Smeaton and Wilma Morrison Thanks »> Cathy Crabbe 3/15/2011 9:50 AM »> Dean: Judge Smeaton has accepted the invitation to the March 21st Council Meeting. Wilma Morrison has accepted the invitation to the April 4th Council Meeting. Thanks Cathy 01/27/2011 14:02 9056842337 1 page fax to: Dear Mayor Diodati: Sincerely, /a Liz Palmieri Executive Director r RAGA k.4. COMMUNITY FOUNDATION Mayor Jim Diodati 905..356=6279 '1229"3 Dec 21, 2010 r,t°�.e 0.n - Thank you for your consideration of this request. NIAG COMMUNITY FDN PAGE 01/01 On behalf of the board of the Niagara Community Foundation, I would like to request the opportunity to make a presentation to a meeting of council in the New Year with a member of the foundation's board of directors. The presentation will be a chance for us to orient the new members of council on the work of the Niagara Community Foundation and to update the returning members of council on our achievements since our last presentation. We also will be providing you with information that will help members of council in their work with local community groups. And we would like to take the opportunity to present one or more grants to groups in your municipality that were recently successful In receiving funding from the foundation. Please let me know at your earliest convenience of an available date and time in the New Year to make the presentation. 17 Queen St., St. Catharines, ON L2R 5G5 ph: 905 - 684 -8688 fx: 905 - 684 -2337 e: info @niagaracommunityfoundation.org (3/15/2011) Dean Iorfida - mayors youth request From: Carey Campbell To: Dean Iorfida CC: Beth Angle; Paul Brown Date: 3/3/2011 2:15 PM Subject: mayor's youth request Hi Dean: Please accept this request from the Mayor's Youth Advisory Committee to make a presentation to City Council. They wish to make a presentation to Council on April 4th to discuss their support of multi -use recycling receptacles in the City. They have been working with Transportation Staff, subsequent to the RFP results and would like to present their proposal and their ideas for ways to support this to Council. Looking ahead, they would like to make their annual "end -of- year" presentation to Council at the June 13th meeting. Please let me know if these dates work. Thanks! carey Page 1 Niagaraaalls April 4, 2011 C 1 Y 1 D .1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -04 Anti - Feeding By -law RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE CD- 2011 -04 That Council approve the Anti - Feeding By -law listed under the by -law section of the agenda. In response to community concern over coyote sightings, a meeting of stakeholders took place and an action plan was enacted. Public education and information has proven effective. The volunteers at Coyote Watch Canada have been instrumental in identifying why there has been the presence of coyotes in neighbourhoods. The group has also spoken at assemblies at schools on coexisting with coyotes. The implementation of an anti - feeding by -law will be a deterrent to residents feeding coyotes and provide By -law enforcement staff with an additional by -law that would be more pertinent than relying on existing litter and dumping by -laws. In December of last year, local media reported on coyote sightings in the community. Of particular concern, were the reports of sightings in the vicinity of Father Hennepin School. As a result, the Mayor convened a meeting that included politicians, City staff and representatives from the school, the Ministry of Natural Resources, the Niagara Regional Police, the Niagara Parks Commission, the Niagara Parks Police, the Humane Society and Coyote Watch Canada. An action plan of public education, information and possible enforcement was the outcome. At the subsequent meeting of Council, a motion was approved for staff to investigate an anti - feeding by -law. In light of the public concern and as an outcome of the meeting of various stakeholders, the City developed a coyote sighting form on the City's website. In addition, tips on coexisting with coyotes, courtesy of Coyote Watch Canada, were placed on the website and included in three press releases. April 4, 2011 The coyote sighting form has registered in excess of fifty sightings; however, some of the sightings may have been independent witnesses seeing the same coyote and the majority of sightings have been located in areas where sightings would be expected (near hydro corridors and wooded areas). There has been no evidence of packs of coyotes and there has been no instance of an attack on humans or pets. There has been an instance of an injured coyote. Only a handful of sightings have been in neighbourhoods, such as in the vicinity of Father Hennepin. In these cases it has been determined by Coyote Watch Canada that there has been a regular food source present or a disruption to young coyotes' habitat in the form of construction or snowmobiles. By -law staff sent out a notice to residents in the Father Hennepin area that encouraged residents to store and maintain outdoor garbage containers properly, ensure bird feeders remain clean and to cease from feeding animals in the area. The notice appeared to be effective and the sightings have been few in the area. FINANCIAL/STAFFING /LEGAL IMPLICATIONS City By -law staff only lay charges as a last resort. In the case of coyote problem, staff felt public information and notices outlining proper behaviour would be effective. Had staff had to resort to enforcement action, we would have had to rely on littering or dumping by -laws. The proposed Anti - feeding by -law provides another tool for enforcement staff. Also, the existence and threat of the by -law may be enough of a deterrent to prevent residents from feeding coyotes. CITY'S STRATEGIC COMMITMENT Improve By -law enforcement and promote a safe community. LIST OF ATTACHMENTS Notice to residents Recommended by: Respectfully submitted: DI - 2 - CD- 2011 -04 4/ Dean lorfida, Cit ierk Ken Todd, Chief Administrative Officer Dear Resident: Re: Coyotes Niagaraaalls January 28, 2011 As you may be aware, there have been sightings of one or two coyotes in the open field adjacent to your property since prior to Christmas. City Staff has worked with Coyote Watch Canada, a volunteer organization, in identifying the reasons for the coyotes venturing into the urban area. Although it would be impossible to definitively identify the source, there appears to be a couple of reasons for the activity. It is possible that snow mobile activity has dispersed the coyotes from their normal habitat. More important, the coyotes are combing the area for food. They will return to areas where a food source is present. Therefore, their presence in your area will continue until the food source disappears. This is why it is important for you to follow the tips on the attached sheet. If you see a neighbour improperly dumping food remnants or feeding wildlife, please let us know so we can take appropriate enforcement action. Your tip will be kept confidential. Please contact Mr. Franco Piscitelli, Manager of By -law Enforcement at fpiscitelli@niagarafalls.ca or at 905 -356- 7521, Ext. 4262. For more information on coyotes, go to our website at: http://www.niagarafalls.ca/coyote/index.asp Thanks for your cooperation and assistance. Si v cerely, • '� :� 1 �' _ • Dean Iorf ,Oa City Clerk Working Together to Serve Our Community Clerks Department Ext 4271 Fax 905 - 356 -9083 diorfida @niagarafalls.ca NiagaraJalls NOTICE Coyote Information As a result of ongoing concerns raised by the residents of the City of Niagara Falls, this notice is being disseminated in an attempt to alleviate some of the fears and to educate the residents on the existence of coyotes in urban areas. Tips on wildlife proofing your home: • Put garbage out after 6 am, not the night before (many species are nocturnal and forage for food at night). • Secure composting containers by making them `animal proof'. • Clean grills and cook areas, leaving no food items behind. • Remove unwanted rotting fruit beneath trees. • Ensure all livestock and outdoor pets are in safe and properly constructed enclosures. • NEVER FEED COYOTES. Bird feeders, overflowing garbage bins and outdoor pet food bowls may attract coyotes to your yard, which will prey on cats, dogs and birds. • Obey leash laws. Never allow domestic pets (dogs) to roam freely without supervision. • Respect coyote dens and never interfere with parents and their pups. A tone pup usually has a pup close by. Niagaraaalls April 4, 2011 C'tN 10A REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -19 Street Name Change Request Roberts Street (between Stanley Avenue & Bender Street) and Falls Avenue (between the Custom's Plaza & John Street) RECOMMENDATION EXECUTIVE SUMMARY PD- 2011 -19 That Council authorize staff to proceed with renaming Roberts Street, between Stanley Avenue and Bender Street, as Falls Avenue and with renaming Falls Avenue, between the Custom's Plaza and John Street, as North Falls Avenue. In 2002 the City, Region and Province began the process of creating a gateway entrance into the tourist area of the City along Roberts Street. Seven years ago, the City initiated proceedings to change the name of Roberts Street to Falls Avenue. This will necessitate renaming that part of Falls Avenue north of the Rainbow Bridge Plaza. Emergency Services and other agencies have no objection to the street name changes. Of the six property owners involved, one is supportive, one is willing to work with City staff and four are opposed. Typically, the City has not changed street names when there is opposition, however, this request can be supported because: the renaming of Roberts Street to Falls Avenue will complete the final aspect of creating a landscaped gateway into Queen Victoria Park and the surrounding tourist district; there are no objections from the emergency services agencies, Region or municipal departments; there is no known historical associative significance to the name Roberts Street; and the objections by the property owners are largely related to the costs associated with changing personal information. BACKGROUND In 2002 & 2003, the Province, Region, City and the Niagara Parks Commission embarked on a partnership to turn Roberts Street into a park -like gateway into the City. The Province transferred ownership of properties it owned on Roberts Street to the Region and provided funding assistance to the Region to purchase other properties on the street. All but six properties were acquired. The houses were demolished and the Niagara Parks Commission landscaped the areas on either side of the roadway, together with a centre median, as a landscaped park leading into the City and Queen Victoria Park. April 4, 2011 In 2003, the City received a request to change the name of Roberts Street to Falls Avenue to reflect the new gateway status and because the street is a continuation of Falls Avenue as it enters Queen Victoria Park. Because Roberts Street is under Regional authority, staff entered into discussions with representatives there. Processing the request has been on- again /off -again for a number of years and stalled with staff retirements. In September 2009, the Region stated "we are in agreement, in principle, with renaming Roberts Street subject to our policy and completing the necessary notifications and public meetings ". The City then assumed the responsibility to bring this to fruition. It is time to bring this matter to a conclusion. The proposal is to change the name of Roberts Street to Falls Avenue (including Newman Hill) between Stanley Avenue and Bender Street. It should be noted that Falls Avenue currently exists between John Street to the Niagara Parkway, but is discontinuous because of the Rainbow Bridge Plaza. If Falls Avenue continues up Newman Hill to Stanley Avenue, it will necessitate renaming that portion of Falls Avenue, north of the Rainbow Bridge Plaza, to John Street. A map illustrating the location of the proposed street name changes is attached as Appendix 1. In February 2010, the City Solicitor held a public meeting attended by four property owners on Roberts Street. Only one of these property owners supported renaming Roberts Street. In December 2010, Planning staff contacted the owner of 5600 Falls Avenue, the only building along that portion of Falls Avenue between the Custom's Plaza and John Street. The owner of this property is against renaming Falls Avenue in this location but would work with us. All property owners have been notified of tonight's meeting. Review Public Consultation: Emergency Services: - 2 - PD- 2011 -19 The Municipal Act no longer prescribes public notification requirements for changing a street name. Notification is now left to the discretion of the responsible municipality. Written notice was sent to all five property owners on Roberts Street (one owner did not attend). Written notice was sent to the owner of the lone building on Falls Avenue between the Custom's Plaza and John Street. CNH owns one building on Roberts Street and supports the street name change for Roberts Street. All other owners have voiced their opposition because of the inconvenience of having to notify banks, licence bureau, friends, etc. of the address change and also the cost which they would have to incur to have cheques reprinted, personal stationary/address labels reordered, post office official notice, etc. The owner of the building at the corner of Falls Avenue and Hiram Street also stated that for future development and marketing purposes, she would prefer to keep the name Falls Avenue; however, she also expressed a willingness to work with City staff for a possible name which includes the word Falls. City staff contacted the Niagara Emergency Services (EMS) and Niagara Falls Fire Services. The properties on Roberts Street are numbered along the east/west City grid, while the numbers along Falls Avenue are assigned from the north /south grid. As a result of Roberts Street becoming Falls Avenue, the properties west of Victoria Avenue will have lower address numbers than those properties east of Victoria Avenue, whereas typically in the City the numbers closest to the River are lower. This is not a concern to emergency services. It is also noted that 5168 and 5169 Roberts Street can access their properties from MacDonald Avenue and 4869 Roberts Street has its driveway access off Stamford Street. April 4, 2011 - 3 - PD- 2011 -19 Mail Delivery: Notice of intent to change the street name was circulated to Canada Post. No objections were received from Canada Post. They did advise that a Change of Address Notification by the residents would be valuable to the residents in order to advise both business and personal contacts of the new street name. Canada Post also advised that they will continue to deliver the mail whether it is addressed to either Roberts Street or Falls Avenue as the postal code will not be affected by the change to the street name. Niagara Parks Commission: The Niagara Parks Commission has indicated that it would be appropriate that the chosen name be in keeping with the "gateway" nature of the street. Historical Significance: The City Historian and the Municipal Heritage Committee were contacted regarding any historical significance to the name Roberts Street. There are no known associations of note to the street name. Issues: In the past, the City has only renamed streets where it has the unanimous support of all property owners or their tenants to change the street name. The only reason for Council to proceed with the street name change at this time is to provide a name at the entrance of the tourist area which is in keeping with the gateway aspect developed as vehicles exit Highway 420. CITY'S STRATEGIC PRIORITIES It is one of the City's strategic priorities to encourage support of local businesses with stimulating the economy. The renaming of Roberts Street to Falls Avenue will help "brand" the corporate identity of the City as visitors arrive. LIST OF ATTACHMENTS Appendix 1 - Location Map Recommended By: Respectfully Submitted: A.Herlovitch:gd Attach. S : \PDR12011 \PD- 2011 -19, Roberts Street Name Change Request.wpd Alex Herlovitch Director of Planning, Building & Development Ke Todd, Chief Administrative Officer April 4, 2011 -4- APPENDIX 1 PD- 2011 -19 (3/31/2011) Dean lorfida - Air Force From: Marzenna Carrick To: Dean Iorfida CC: Marzenna Carrick Date: 3/29/2011 2:01 PM Subject: Air Force Hi Dean The cost for the lane closures on Falls Avenue and the road closure on Clifton Hill to accommodate the event for the RCAFA will be $300 on Sunday May 15. I trust this is satisfactory. Marzenna »> "Garry Beck" <beck@falls.net> 3/10/2011 11:34 AM »> Hi Dean You told me to remind you to get the issue of road closure for May 15 @ 10AM ( wave city staff costs, at the upcoming council meeting. Call 905 -295 -3686 if more info is needed. I supplied mayor's office with complete agenda. Per Ardua Ad Astra Garry Beck Page 1 Clerks Department Inter - Department Memorandum TO: Mayor James Diodati DATE: April 4, 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Tourist Exemption - Commisso's Whether a business is allowed to open on a statutory holiday is determined by The Retail Business Holidays Act. The Act does not allow holiday openings except for certain exemptions, which are outlined in the Act. There is a process to apply for a tourist exemption. The exemption is done through Region not the City. There is a fee and the Region will hold a public meeting before granting the exemption. As an aside, the Region asks the lower tier municipality to sign off on the application first. The regulations of the legislation state that a retail establishment has to be located within 2 km of a tourist attraction and relies on tourists visiting the attraction for business on a holiday. Most applications for such an exemption in Niagara Falls have been approved. Commisso's has made application for a tourist exemption to be open on various stat holidays. It should be noted that other supermarkets in the City have received past approvals through the Region, though not consistently. Niagara Falls City Council has gone on record in the past asking that the Province to give the City the authority to determine statutory holiday openings. RECOMMENDATION: That Council support the request. Working Together to Serve Our Community Niagara /`f Region March 18, 2011 Mr. Dean lorfida, City Clerk City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: HIAG. FliLLS CLERKS' 11 0:2211 :15 Re: Request for Comments on Application for Tourism Exemption for Holiday Openings — Commisso's Fresh Foods, 6161 Thorold Stone Road, Niagara Falls I am attaching an application from Commisso's Fresh Foods, 6161 Thorold Stone Road, Niagara Falls requesting a tourism exemption under the Retail Business Holidays Act to permit the business to open on New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day and Thanksgiving Day from 7:00 a.m. to 10:00 p.m. I would kindly request that you arrange to provide me with the comments from the City of Niagara Falls regarding this application by April 8 for inclusion in the staff report for the public participation meeting to be held before the Region's Integrated Community Planning Committee on April 27 at 1:00 p.m. If you have any questions regarding this matter, please do not hesitate to me. Yours very truly et...,-1 Kevin Bain Regional Clerk cc. Tony Commisso, Commisso's Fresh Foods Elizabeth lsajiw, Legal Counsel, Niagara Region Building Community. Building Lives. Bill 6 715 3 Applicant's Authorized Agent (to whom all correspondence will be sent): Mailing Address: THE REGIONAL MUNICIPALITY OF NIAGARA APPLICATION FOR TOURISM EXEMPTION RE HOLIDAY OPENINGS The undersigned hereby applies to the Council of the Regional Municipality of Niagara for an exempting by -law under subsection 4(1) of the Retail Business Holidays Act, R.S O. 1990, Chapter R.30 If more than one person carrying on retail business is represented in this application, please list information for each on a separate page and attach to form. Pursuant to the Regulations under the Act, an application relating to a retail business establishment that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public or normally has four or more employees serving the public shall be made only by that retail business establishment. (PLEASE PRINT OR TYPE AND ADD EXTRA PAGES, IF NECESSARY) PART I - APPLICANT INFORMATION 1 Type of applicant (please check one): one or more persons carrying on retail business in the Regional Municipality of Niagara an association, whether or not incorporated, representing persons carrying on retail business in the Regional Municipality of Niagara a council of a local municipality 2 . Name of Applicant: C nv1 i'i'i i $SOS 1 rrt-s/� / // F;cd s Mailing Address of Applicant: o113 1 `f1 O i7 ( plc . 6 / 6 1 7 c'rc'fGi .5.1-.Ac r{ o ac.( /V ra y u ra rail c/\/• Telephone No.. of Applicant: 905- 35 7- 6400 Fax No. :gag 35 -6 O Nof app1 Get G 1.c_ Telephone No.: Fax No.: 4. Location of Retail. Business Establishment ` c Municipal Address _/_61 rr1d y`o fo e 54on p Street Number, Municipality 11/1 4 j 4 ry a /i �/ Ace/ U-� .•f /f 42_T l fl `f 5. If you wish the exemption to apply to one or more classes of retail business establishments, please define and specify the classes: Bill 6715 - 2 - Total No of sq. Ft normally used for serving the public: zO 000 Sq P tf- / Total No of Employees normally serving the public: PART II - TOURISM CRITERIA Tourist attractions are limited to: a) natural attractions or outdoor recreational attractions; b) historical attractions; and c) cultural, multi - cultural or educational attractions The two (2) kilometre restriction set out in the Regulations to the Act does not apply to a retail business establishment located in a local municipality within the Region of Niagara, having a population of less than 50,000 1- Is business located within two kilometres of a tourist attraction? If yes, describe the nature of tourist attraction: ()aC s� S 1S 10�t ; ". 4 7 a T /IS, t tK. L. ill / c-ce• r' s-i eVe_ck � 71 4 - - er - F Si ca re s in cc/' Cer cc & 1 . a v e_ P .c -e 44, 1'r o •j air co_c�Q c. . 2 Describe nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday Ow- (PUS' i tes$ (S a. .Sp-Cr 14-y foot 51-0,-c_ (4 ick Se / /s A_ 04- 1c, Qs an_c/ /ae / ve ra9 _e_ 14 n rt I -c ar - /N IS s e ✓ .ies &( ,'I 'e 1 /dGwh . f¢� � c , C (S c�.et r � << h- Q � '� �� 4,c rY► - L. 3. Where the application involves a business that on days other than holidays normally uses a total area of 2,400 square feet or mote for serving the public, or normally has four or more employees serving the public, please outline the goods or services provided primarily to tourists.. // 6 ' , es5o COL," ac- ee_ hay L- c 4 Toads 2 :2z c.. , t^i^�s k be- eu at, AcfiI`t' D'e-1 ,' M Feu f3 �I Cie E'S 2 C( (° 14,10 Fr- es f is t a . ,Az' / U e e x � /� S' Orc Ft.9 Soh /ern e .�d�s Bill. 6715 4 a) In what local municipality is it located? b) Describe subject area (in words): c) d) e) f) g) This section relates only to applications to grant exemptions on an area basis. A/o 71 / f c Z4 /, _ (Please attach a map or sketch) How many businesses are included i• this application? Are all the retail business es :blishments in the described area within two kilometres of e tourist attraction? Does the area exceed that ecessary to encompass all of the retail business establi ents for which an exemption is sought? If not, explain how does not: How many of the b sinesses are directly associated with the tourist attraction or rely on tourists visiting the tourist attraction for . siness on a holiday? (Regulations to the Act require at le t 25% of the businesses) If applica on is submitted by an association, describe briefly t - purpose of the association, the area and type of business it represents PART III GENERAL 1 Indicate which holidays, and which specific times or specific number of hours you wish to be open on those holidays: A/e i, lV earl's D cc- ) � �n , � Do-. y 1 / vq V I G To h c , I �Cc t a_ ci 1) a t _,Ao c c_e- r/t cc K 14_.r . '.- q pct.. C OP) _ 7: cc, cr w J 4- o / O : v' Pen 2 Is request seasonal nature, e g. summer months only? YES NO Y If yes, what time period is sought'? 3. What is the justification in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the exemption? Bill. 6 715 - 4 - 4 Is request related to a special event? Yes No (NOTE: A retail business establishment may be exempted for up to five holidays a year during which a fair, festival or other special event (but not solely a parade) is being held in that municipality For what holidays is exemption being sought? `- APp /Ieth /c Describe special event, duration and time of year 5 Indicate how the exemption would, if granted, be for the maintenance or development of tourism and briefly identify other material submitted with this application that supports this conclusion: Our rt'e t S one ce ). c wce r a_ (17 _Po u�o r f ' v d S are_ . (A-) - Cc l a e Selec -. o -F e fo e & -d5 , t v\zt b euer ,- C#S wcl S kec f j-k o 'Poet 1 � cdcc5 d e. G s 6. What justification is there for the opening of the retail business establishment(s) on holidays in light of the principle, stated in the Retail Business Holidays Act, that holidays should be maintained as common pause days? tA) a mt; co f iL4 bed fo Ct r;(J: a (esicQe.013 0f Ge„.4-1 ,G`1 (,✓i.sk -Fa Skop -Far f to s k p ). es, e c 6 r(7 cf ri k[ 1'G{ � c f t.Jk 4k Q r e r- 1,47o k I sni • iCere u r2 Aire ivtarvi rece . / f 5 &cJ — re, AA rf. 0 1/4 / 4 v p er'. d uv,' y-k-s . ko ( Gl cc G / vh cal f 11e // Y /J ec rv� /KO r� 57 r' eS / �1 N-ei,c) 70, K fe__ Mail ere G p pet < fi ale_ . Es b ;ne jf t1' crf-e dos e° Bill 6 715 I, 14,,,--1-1.. e1/4.1 Co--Yi 4/S5 of the 7:9G`2 of B eg ' i '/ �`2__ in the R /22 Alccn/C.ie4i /i of N ct, V do solemnly ll/l declare that all of the statemeKts contained in this application are true and I make this solemn declaration conscientiously, believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared efore a at the , V of , in h e ) of l I I '4 4 this 1 U W ) day of ,7e9 I j A Comm sioner, etc Regional Clerk Regional Muth MunKtitIlivitErif OF AUTEORIzED AGENT Niagara I /We, pOTES: EXECUTION BY APPLICANT (Applicant) hereby appoint of to act as my /our authorized agent in this application Witness: Date: Signed _ (Applicant) 1 It is required that the original application be filed with the Regional Clerk, together with appropriate documentation, accompanied by a cheque in the amount of $750, made payable to: TUE REGIONAL MUNICIPALITY OF NIAGARA This fee will cover the following: - publication costs - legal costs to review applications - administrative costs i.e.. printing, mailing 2 Applications are to be filed at the Clerk's Department, the Regional Municipality of Niagara, 2201 St David's Road, Thorold, Ontario, L2v 4T7 to the attention of the Regional Clerk (685- 1571)- 3. This application and any by -law passed by the Region are subject to the provisions of the Retail Business Holidays_Act. It is strongly suggested that Applicants contact their solicitor with respect to the provisions of the Act- 4 It is preferred where possible that applicants submit a proposed exemption by -law with their applications. 5 Each application must be accompanied by a scaled plan of map of the area covered by the proposed by -law showing: (a) the retail business establishment(s); (b) the tourist attraction; and (c) the scale of the plan or map enabling the distances to be measured Clerks Department Inter - Department Memorandum TO: Mayor James Diodati DATE: April 4, 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: May 2 " Council Meeting The May 2" Council meeting now coincides with the Federal Election. Does Council wish to cancel the meeting? Cogeco is available and would cover the May 2" meeting. If the meeting was cancelled, our previous meeting would be April 18 and our following meeting would be May 16t RECOMMENDATION: For the Consideration of Council. Working Together to Serve Our Community t0A- REPORT TO: Councillor Victor Pietrangelo, Chair Budget Committee City of Niagara Falls SUBMITTED BY: Administrator's Office SUBJECT: F- 2011 -13 2011 Permissive Grants RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND F- 2011 -13 Niagaraalls April 4, 2011 C M1R ;U,t 1. That Council commit to phase out all permissive grants not considered "core services" of the Corporation over a four (4) year period commencing in 2011. 2, That no new funding requests be considered during 2011 or during the phase out period. 3. That Council approve transitional funding of $363,076 to the grant agencies for 2011 as outlined in Chart 2. Staff were requested to provide Council with recommendations relating to the City's policy on Community Grants. At present there is not a policy. In the absence of a policy, staff, with Council's approval in the 2010 Budget process, developed a classification of groups who historically had received funding assistance from the Municipality. These classification are agencies that receive a fee for service and those agencies receiving grants. The distinction between funding arrangements is that fee for service agencies are providing services that are considered a "core municipal responsibility" while agencies receiving grants are not considered core services. Staff are recommending that the City cease providing grants and that the funding reductions be provided over a four year period to provide over a period of time. The impact on the 2011 budget is a reduction of $105,928. These groups should be directed to search out other sources of funding from other levels of government, the Niagara Community Foundation, Holdco or Sleep Cheap. The City of Niagara Falls has had a history of providing financial support to its community groups. In 2009, all groups receiving funding assistance were classified as receiving grants, however, during the 2010 budget deliberations, Council approved the separation of funding classification for these groups. The two groupings were groups that received funding as a grant and those that provided services for a fee. April 4, 2011 - 2 - F- 2011 -13 While the municipality recognizes that all of the community groups receiving grants from the City provide excellent services in the community for residents, the challenging economic circumstances of the past few years has required the municipality to focus on the delivery of its core services. The review process that led to the distinction between the groups was approved by Council in 2010. The distinction is that the fees for service agencies provide a core service to the city that is a municipal responsibility, while those groups receiving grants are not providing a service that is a core municipal responsibility. In the case of the fee for service group, it is staffs opinion that as a result of this service provision arrangement with that group, the City is receiving that service at a better value than if it had to perform it with municipal resources. Another report is being provided in tonight's Council package that provides staff's direction for the funding of the fee for service groups for 2011. ANALYSIS /RATIONALE The City provided $469,652 in grants to community groups in 2010. Each of these groups received a reduced amount from their original request in 2010 and have all applied again in 2011. The attached chart ( 2011 Grants Summary) summarizes amounts paid in 2010 and 2011 requested by each group. In addition, the summary shows reserve amounts held by each group, as well as the funding received from other affiliated municipal entities. Staff have reviewed the groupings made during the budget process in 2010 and have reallocated agencies to the appropriate categories based on additional information. The Niagara Falls Horticultural Society purchases and plants flowers with the funding assistance provided. The Niagara Falls Concert Band provides services for musical events on a requested basis. As a result, both should be considered in the fee for service category of agencies. The Village Of Chippawa Citizen's Committee is provided funding assistance to purchase insurance. In 2011 this group will be covered by the city's insurance for community groups and this grant will not be necessary. In addition, two groups were reclassified as grant agencies. Specifically, the Niagara Falls Lawn Bowling Club and the Niagara Falls Badminton Club do not provide services that are a core municipal responsibility and thus staff believe these groups are grant agencies. Staff understand that each of the groups that have received an annual grant, provide services that residents utilize and need. Staff recognize the importance of these organizations in providing these services, however the services provided are not within the City's core service responsibility. Staffs responsibility in recommending budget expenditures is to ensure that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels of government or that should be funded by other sources. In fact this is one of the strategic initiatives adopted by this Council. Council has asked that staff provide a recommendation on the current budget expenditure on grants. As has been indicated, the City is facing significant budget challenges and as a result is reviewing all expenditures to ensure that spending priorities are aligned with the City's core responsibilities. Again, while Staff recognizes the achievements that these groups make to the community, these services are not a municipal responsibility. As a result, staff recommends that grants be eliminated and that transitional funding be provided to the existing groups over the term of Council. Group Amount YWCA Niagara Region 2667 Optimist Park 10000 Stamford Lions 7000 Niagara District Art Assoc. 837 Niagara Falls International Marathon 55000 April 4, 2011 - 3 - F- 2011 -13 Staff recognize that the immediate implementation of the policy without a transitional mechanism will adversely impact all of the applicants. As a result, staff recommend a transition period of four years. FINANCIAL/STAFFING /LEGAL IMPLICATIONS At the Budget meeting of March 21', Staff recommended reducing grant requests to 2010 levels. The following reductions were included in that recommendation. In report F- 2011 -14, staff are recommending that two groups be transferred to the grant category from the fee for service, specifically, the Niagara Falls Lawn Bowling Club and the Niagara Falls Badminton Club. In 2010 these groups received Staff recognize the hardship the elimination of grants will be on groups, especially as the year is one quarter over. As a result, staff recommend that the elimination of funding be implemented over the four year term of Council. The elimination of the expenditure will result in an additional savings in 2011 of $98,792.50 The annual impact on each group is shown in Chart 1. There are other sources of "non -tax" funding that may be available from other organizations or other levels of government such as Niagara Community Foundation, Holdco and Sleep Cheap. CITY'S STRATEGIC COMMITMENT Ensure Resources are focused on Core Programs and Services LIST OF ATTACHMENTS Chart 1 - 2011 Grants Summary Chart 2 - Recommended 2011 Grants Chart 3 - Historical Funding 2006 - 2010 Respectfully submitted: Ken odd, Chief Administrative Officer Chart 1 - 2011 Grants Summary Organization 2011 Requested Amount 2010 Amount Paid Reserve Amount Sleep Cheap/Holdco Amount GNGH Foundation 50,000 50,000 1,207,100 20,000 Project SHARE 298,400 298,400 494,647 15,000 Women's Place in South Niagara 19,350 19,350 3,904,947 - YWCA Niagara Region 54,000 51,333 88,567 4,095 Optimist Park 10,000 - - - Stamford Lions 13,000 6,000 - - Village of Chippawa Citizen's Committee 500 900 - - Niagara Falls Art Gallery 27,000 27,000 - - Niagara Falls Badminton Club 8,000 4,000 - - Niagara Falls Lawn Bowling Club 4,000 3,420 - - Niagara Falls District Art Association 5,258 4,421 - - Niagara Falls International Marathon 55,000 - - - Total 544,508 464,824 39,095 Chart 2 - Recommended 2011 Grants Summary Organization 2011 Requested Amount 2011 Recommended Amount Variance GNGH Foundation 50,000 40,000 10,000 Project SHARE 298,400 223,800 74,600 Women's Place in South Niagara 19,350 14,512 4,838 YWCA Niagara Region 54,000 51,333 2,667 Optimist Park 10,000 - 10,000 Stamford Lions 13,000 4,500 8,500 Village of Chippawa Citizen's Committee 500 - 500 Niagara Falls Art Gallery 27,000 20,050 6,950 Niagara Falls District Art Association 5,258 3,316 1,942 Niagara Falls International Marathon 55,000 - 55,000 Groups transferred from Fee for Service: - Niagara Falls Badminton Club 8,000 3,000 5,000 Niagara Falls Lawn Bowling Club 4,000 2,565 1,435 Total 544,508 363,076 181,432 Previously included spending reductions (75,504) 2011 Proposed reduction in grants 105,928 Chart 3 - Grants - Historical Report 2006-2010 Organization Amount Paid in 2006 Amount Paid in 2007 Amount Paid in 2008 Amount Paid in 2009 Amount Paid in 2010 Council Support 31,103 13,294 9,028 8,664 - GNGH Foundation 100,000 100,000 100,000 - 50,000 Project SHARE 252,464 304,952 314,101 314,100 298,400 Women's Place in South Niagara 45,000 45,000 45,000 21,500 19,350 YWCA Niagara Region 62,182 62,182 63,438 56,763 51,333 Niagara Falls Horticultural Society 800 800 800 720 648 Stamford Lions 3,550 6,000 10,000 8,800 6,000 Village of Chippawa Citizen's Committee 800 1,151 1,000 900 900 Niagara Falls Concert Band 4,000 4,000 4,000 3,600 3,600 Niagara Falls Art Gallery 18,000 56,000 56,000 30,000 27,000 Niagara Falls District Art Assoc. 5,658 5,458 5,458 4,912 4,421 Niagara Falls International Marathon 30,000 60,000 30,000 30,000 - Total 553,557 658,837 638,825 479,959 461,652 NiagaraFalls April 4, 2011 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Councillor Victor Pietrangelo, Chair Budget Committee City of Niagara Falls Administrator's Office F- 2011 -14 2011 Fee for Service 2. That Niagara Falls Badminton Club and Niagara Falls Lawn Bowling Club be removed from the Fee for Service list and placed on the Grants list. 4. That staff develop formal agreements with each agency before the commencement of the 2012 Budget deliberations. F- 2011 -14 1. That Council approve all fee for service agencies the same amounts for 2011 as was provided in 2010, except for the Niagara Falls Illumination Board which will receive $38,550 and the Niagara Falls Public Library which will receive $3,729,274. 3. That the Niagara Falls Horticultural Society and the Niagara Falls Concert Band be removed from the Grants list and placed on the Fee for Service list. The City of Niagara Falls has engaged agencies to provide direct services on its behalf for residents of the City. The services provided by these agencies have been determined to be within the core responsibility of the municipality and these relationships provide the city with an effective model of service delivery. The agencies included in this category will receive the same amounts of fees for their services in 2011 and will be required to engage in a process with City staff to develop fee for service agreements with the City. Senior staff have been assigned to work with the various groups in their area of responsibility during this year to develop these agreements. The Niagara Falls Illumination Board and the Niagara Falls Library Board are the only agencies that staff are recommending receive increases from their 2010 funding levels. The City of Niagara Falls has had a history of providing financial support to its community groups. In 2009, all groups receiving funding assistance were classified as receiving grants, however, during the 2010 budget deliberations, Council approved the separation of funding classification into two groups. The two classifications were, agencies that received funding as a grant ( grant agencies) and those that provided services for a fee (fee for service agencies). April 4, 2011 - 2 - F- 2011 -14 The first classification included those agencies that were providing municipal services that would otherwise be provided by municipal staff. The second classification were those agencies that received funding assistance for providing services that were not core municipal services but were important to the community. In preparation for the 2011 Budget, staff met with each of the groups in the fee for service to discuss their needs for 2011 and to discuss the future requirements of establishment of formal agreements. ANALYSIS /RATIONALE In 2010, the Fee for Service groups received $5,631,502 and have requested $5,800,782 for 2011. The bulk of the increased amount has been requested by the Niagara Falls Library Board. The comparison of 2010 approved and 2011 requested amounts have been summarized in the attached chart. In addition, the core service provided by the City and the organization reserves have been established. In preparation of the budget, the responsible director met with each agency to discuss 2011 activities and are recommending that the amount remain the same. The exceptions are in two areas, Niagara Falls Bowling Club and Niagara Falls Badminton Club. Both groups provide services that are not considered to be within the core service and these groups should be considered as grant agencies. Staff have also reviewed agencies classified as grant agencies and have reallocated agencies to the appropriate categories based on additional information. The Niagara Falls Horticultural Society purchases and plants flowers with the funding assistance provided by the City. The Niagara Falls Concert Band provides services for musical events on a requested basis as a representative of the City. As a result, both should be considered in the fee for service category of agencies. Staff responsible for the fee for service arrangement will work with each agency to develop a formalized contract with established reporting requirements and performance measures. This process with each group will be finalized prior to the commencement of the 2012 Budget process. In review of each arrangement, staff determined that in the case of two agencies that the City's funding assistance is determined by an existing contractual agreement. Specifically, Niagara Falls Illumination Board and the Niagara District Airport each have established commitments for the City. Lastly, the Niagara Falls Library Board is appointed by Council for its term and provide leadership to the operation of the City's library facilities and services to residents. It is included in the Fee for service category as the City's funding allocation represents approximately 88% of the funding of its operation. Once the Board is appointed for the term of Council the leadership responsibility is delegated to the Board. This is the traditional model of governance for Libraries in the province and is a requirement of the annual provincial funding for the library of $130,000 annually. The Library Board had submitted an increase in City funding assistance of $158,418, however $60,000 of this has previously been recommended by staff for elimination. The expenditure reduction is for a transfer to capital and reserves. The remainder of the costs relate to staffing costs. April 4, 2011 FINANCIAL /STAFFING /LEGAL IMPLICATIONS As part of Council's strategic initiatives adopted for the 2012 and subsequent years, staff will be undergoing a review of core services and utilizing a zero based budget approach to determine the appropriate level of operational costs. The groups and services included in this report will be subject to a similar review during the establishment of a formal agreement. As Council is aware, the Winter Festival of Lights has entered into a banking agreement with their banking representative. The City has secured this loan. The fee with the Winter Festival of Lights will include a direct payment of loan with the banking representative and this payment will reduce the fee for service provided to the group. A subsequent report to Council will be forthcoming on this matter. At the March 21' meeting of Council staff recommended that $60,000 requested from the Library for transfers to reserves and capital be eliminated. In addition, staff are recommending that the amounts provided for a fee for service remain at 2010 levels, except for the Niagara falls Illumination Board which has a contractual commitment for direct costs. As a result, there will be savings of $3,782, with the reductions being attributed to Boys and Girls Club ($3,107) and the Niagra Falls Summer Swim Lessons ($ 675). CITY'S STRATEGIC COMMITMENT - 3 - F- 2011 -14 Financial stability of the Corporation and to ensure resources are focused on Core Programs and Services. LIST OF ATTACHMENTS Chart 1 - Historical Funding 2006 -2010 Chart 2 - 2011 Fees for Service Summary Respectfully submitted: i ,A-,V Ken Todd, Chief Administrative Officer Amount Paid in 2010 N 00 .- O CO Co O O O O O to O O O N d' N OOO d' OOOON N 10000 tn'cr CT) CO d:CDL000O'Kt COLO0OO h. co O N r- d' cri 00 N d c) N 00 O N a) f-- O) co co co ,— co N O) — co co d- I[) d' co CO .— co co co CY) t1) Amount Paid in 2009 N aO.-- 000O0 LC) co d' N N. C N O O 00 O CO LO O O O tt N N O to , tC) d' O c.i d' M co CO O N N t .,-- co cY)O)— cY)C)O) .– MCOd %. d' . Cr CO .- CO CO N- CO IO Amount Paid in 2008 N CO CO O) LO O O O O O O O O O O O d'N01 ON0000 O0 0 tf)0 0 tt) LO d CO LO CO NOON O O O O O O Q) N N C) O CY) tl) d' O d- tf) O to CO O O h tc) .- CO d CO — CO CY) ' — CO O CO r- d d CO N d' CO 00 CO LO Amount Paid in 2007 CO 00 CO CO O O O O O O O O O O O O LO O) CO O O O O O O O O to O O N .- CO N d' N O CO O O O O LO O O O O c6 6 O N to d' O O O t t!; d- O O unT co N 00 d' 1 - 0 T- CO CO T- c- CO 00 CO CO d N to N N CO M Cc t1) Amount Paid in 2006 N CO O) 0 0 0 0 0 0 0 0 0 0 0 Co •• N- O O O O O O 0 0 0 Lo 0 0 CO LO N- CO O) N N N- co co co O— U) O O M) N 1.6 CO N- 16 CO ti O O r f' d' O O 00 - CO CO CO CO J CO co co ci tf) Organization Animal Control Services Niagara Chair A Van Niagara District Airport Commission St. John Ambulance Niagara Falls Library Board Firemen's Park Chippawa Lions Park Optimist Park Boy's & Girl's Club Niagara Falls Badminton Club Niagara Falls Lawn Bowling Club Niagara Falls Swim Lessons Niagara Falls Illumination Board Niagara Falls Tourism Winter Festival of Lights Total Fee For Service - Historical Report 2006-2010 Description of Request Animal control and sheltering services, offering protection & education to ensure safety needs to residents. Provides older & limited physically mobile adults curb -to -curb publice transportation in the City of Niagara Falls. • Contractual agreement with City of St. Catharines, Niagara on the Lake and the Region to fund municipal airport. Water rescue and first aid along the Chippawa Creek/Welland River & surrounding parklands complementing City staff. Building upgrades, additional new books and non -print materials: payroll increases To maintain the park and provide access & 1 use. To maintain the grounds, equipment upgrades and tree maintenance and provide access & use Maintaining of the fields, equipment and 'general maintenance of the building and provide access & use. Provide youth programming not provided by City recreational staff Delivery of flower horticultural services on City properties. Direct contract to perform at City events. Provide swimming lessons to public not offered by City recreational staff. To finance, maintain & operate the illumination system for the falls. Providing tourism services on behalf of the 1 City of Niagara Falls. Provide a winter festival that results in increased tourism. Department SjJal0 Transportation Business Development and 0 Parks & Cemeteries Parks & Cemeteries Parks & Cemeteries Recreation & Culture Recreation & Culture Recreation & Culture Recreation & Culture Business Development Business Development Business Development 2011 Recommedation Z179'LL17 8Z17'86E I.6Z'69 006'Z£ 3,729,724 01717'171. 000'E£ 28,500 192,800 8179 009'E 9Z8'Z1. 099'9£ 000'09£ 342,000 $ 5,750,000 Variance 8617'891. LOVE 9L9 00g' Z 00L1791 $ 2011 Request Z179'LL17 9Z17'96E 89,291 006'N 3,789,724 01717'171. 33,000 28,500 L06'96 6 8179 1 009.E 00g' £ 6 38,550 360,000 342,000 $ 5,818,030 tu 0 602 477,542 398,428 89,291 32,900 3,631,306 01717'171. 33,000 28,500 192,800 8179 009'E 1 gZ8'Z6 0g0'9£ 1 000'09£ 342,000 $ 5,653,330 Organization Animal Control Services Niagara Chair A Van Niagara District Airport St. John Ambulance Niagara Falls Library Board Firemen's Park Chippawa Lions Park Optimist Park Boys and Girl's Club Niagara Falls Horticultural Society Niagara Falls Concert Band Niagara Falls Summer Swim Lessons Niagara Falls Illumination Board Niagara Falls Tourism Winter Festival of Lights 1 ; I E E 00 47, GNG•H FOUNDATION A HEALTHY INVESTMENT March 24, 2011 Mr. Todd Harrison, Director of Financial Services The City of Niagara Falls 4310 Queen Street P.O.Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Harrison: In light of the City of Niagara Falls Chief Administrative Officer's presentation to Niagara Falls City Council on Monday, March 21, 2011, I wanted to provide you with a revised request for funding assistance on behalf of the GNGH Foundation. At a meeting of the GNGHF Board of Directors on March 22, 2011 the Board discussed the CAO's presentation and the financiarSi ation facing City Councilors. In response, the GNGHF Board voted to revise our fundi g request for 2011. A decision was made to reduce our 2011 request to $50,000 (the a amount granted by City Council in 2010) in an effort to show community lea ip and to assist Council in its budget deliberations. Our original request was based on funding levels approved by the City in the years 2006, 2007 and 2008 and our desire to return to those earlier levels of support. We did not have the detailed budget information provided by the CAO on March 21 to help frame our initial request. I hope this information is useful to you in assisting City Council members with their budget deliberations. Sincerely, G ' 2 Carol Maidens, Chair of the Board of Directors GNGH Foundation cc Mayor J. Diodati CAO - K. Todd (3/31/2011) Dean lorfida - Re: Niagara Falls City Council Meeting April 4th, 2011 Page 1 1 From: Beth Angle To: Niagara Falls Concert Band CC: Dean Iorfida Date: 3/29/2011 11:14 AM Subject: Re: Niagara Falls City Council Meeting April 4th, 2011 Hello Cathy To clarify if Carol would like to speak on behalf of the Niagara Falls Concert Band you will have to ensure that you are formally added to the agenda. Thanks Beth »> Niagara Falls Concert Band < niagarafallsconcertband ©gmail.com> 3/29/2011 10:38 AM »> Hi Beth, Thanks for the update regarding the upcoming presentation to City Council relating to funding for our organization. I was able to share it with the Executive at our meeting last night. Carol Cowlishaw plans to attend the Council Meeting on April 4th, and will be available to answer questions about the Niagara Falls Concert Band, should the need arise. Cathy (3/31/2011) Dean lorfida - April 4th meeting From: Kathy Moldenhauer To: Dean Iorfida Date: 3/30/2011 11:54 AM Subject: April 4th meeting hi Dean Deborah Attenborough representing the Niagara Falls Art Gallery has requested a deputation to speak to the 2011 Grants and Fee for Service report on Monday,April 4th. Deborah can be reached at the Gallery 905 - 356 -1514. Kathy Moldenhauer Page NiagaraFalls April 4, 2011 CA NA 0A REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -10 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE F- 2011 -10 This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of February 28, 2011 were $23.8 million compared to $23.4 million in 2010. During February, tax receivables as a percentage of taxes billed decreased slightly from 30.3% in 2010 to 30.0% in 2011. The City's finance staff has begun the tax collection process for properties that are subject to registration for 2011. There are currently twenty -seven properties scheduled for tax sale in the next two years. 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. Tax collection for 2011 lags slightly behind the collection history for 2010. Table 1 shows that taxes outstanding at February 28, 2011 are $23.8 million. This represents a slight increase from $23.4 million in arrears for the same period in 2010. 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 residential and commercial property classes are similar to what was owing 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, 2011, 390 properties were subject to registration. Table 3 summarizes the progress of these actions after two months of activity. This table shows 55.1% of the tax accounts or 215 properties have been paid in full or the owners have made suitable payment arrangements. During February, seventeen accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 44.1% (January) to 55.1% (February). April 4, 2011 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 February, four registered properties were redeemed and three properties were registered. The outstanding taxes for registered properties represents 3.7% 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 February 28, 2011 is 30.0% which is a slight decrease from 2010's value of 30.3 %. 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 -10 Taxes Receivable at February 28, 2011 Taxes Receivable by Property Class at February 20, 2011 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Hafrison i 'rector of Finance Ken T dd, Chief Administrative Officer TABLE 1 Outstandin• Taxes • Janua 31, 2011 Taxes Billed and Due February 28, 2011 Penalty char •ed in February Taxes Collected during February Outstanding Taxes @ February 28, 2011 $ 18,747,488 $ 39,713,703 $ 267,851 $ 34,869,631 $ 23,859,411 $ 17,984,140 $ 38,671,415 $ 268,784 $ 33,473,288 $ 23,451,051 Taxes Billed and Due April 29, 2011 Total Taxes to be Collected $ 39,713,702 $ 63,573,113 $ 38,671,415 $ 62,122,466 TABLE 2 Residential Multi- Residential Commercial Industrial Farmlands Total Receivables 2011 Taxes Owing $ 26,586,532 $ 1,918,570 $ 32,891,481 $ 2,114,964 $ 61,566 $ 63,573,113 % of Class 41.82% 3.02% 51.74% 3.33% 0.10% 100.00% 2010 Taxes Owing $ 26,191,994 $ 1,628,060 $ 32,119,308 $ 2,127,419 55,685 $ 62,122,466 % of Class 42.16% 2.62% 51.70% 3.42% 0.09% 100.00% TABLE 3 TABLE 4 Initial Amount Paid in Full Payment Arrangements Ongoing Collection Action Registered 390 29 143 218 0 390 390 46 169 175 0 390 11.8% 43.3% 44.9% 0.0% 100.0% Niagara,Falls April 4, 2011 REPORT TO: His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -11 Annual Statement of Remuneration and Expenses RECOMMENDATION For the information of the Municipal Council. EXECUTIVE SUMMARY Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation. ANALYSIS F- 2011 -11 The attached statement of remuneration and expenses for the year ending December 31, 2010 has been prepared pursuant to sections 283 and 284 fo the Municipal Act, 2001, and authorized for payment under By -law #99 -22, By- Iaw#2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2010 is provided below: Remuneration Benefits Expenses Total City Council $248,949.65 $58,304.57 $28,920.43 $336,174.65 Committee of Adjustment $4,290.00 0.00 $1,147.00 $5,437.00 Niagara Falls Hydro Holding Corporation Board $38,400.00 0.00 $4,519.60 $42,919.60 Committees & Commissions $0.00 0.00 $1,993.01 $1,993.01 Niagara,Falls April 4, 2011 REPORT TO: His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -11 Annual Statement of Remuneration and Expenses RECOMMENDATION For the information of the Municipal Council. EXECUTIVE SUMMARY Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation. ANALYSIS F- 2011 -11 The attached statement of remuneration and expenses for the year ending December 31, 2010 has been prepared pursuant to sections 283 and 284 fo the Municipal Act, 2001, and authorized for payment under By -law #99 -22, By- Iaw#2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2010 is provided below: April 4, 2011 Recommended by: Respectfully submitted: A. Fyfe - 2 - F- 2011 -11 LIST OF ATTACHMENTS 2010 Statement of Remuneration and Expenses - Niagara Falls City Council 2010 Statement of Remuneration and Expenses - Committee of Adjustment; Niagara Falls Hydro Holding Corporation Board 2010 Statement of Remuneration and Expenses - Park in the City Committee; Arts & Culture Committee Todd Harriso , Direct i r of Financial Services Ken Todd. Chief Administrative Officer Council Member Remuneration Benefits Travel Other Expenses* Expense Allowance Total Diodati, J. 24,668.95 7,059.46 340.00 1,467.36 300.00 $33,835.77 Gates, W 1,406.14 276.84 0.00 0.00 0.00 $1,682.98 Fisher, S. 18,904.86 4,626.78 0.00 642.39 150.00 $24,324.03 loannoni, C. 20,311.00 6,426.18 740.00 1,456.51 150.00 $29,083.69 Kerrio, V. 20,311.00 1,627.34 0.00 229.95 0.00 $22,168.29 Mayes, B. 20,311.00 5,929.06 0.00 1,436.72 300.00 $27,976.78 Morocco, J 1,406.14 529.28 0.00 221.43 0.00 $2,156.85 Pietrangelo, V. 20,311.00 6,426.18 0.00 1,310.69 252.00 $28,299.87 Salci, T. 80,697.56 13,914.27 15,179.48 2,105.76 0.00 $111,897.07 Thomson, W. 20,311.00 5,063.00 0.00 1,799.38 100.00 $27,273.38 Wing, J. 20,311.00 6,426.18 0.00 663.76 75.00 $27,475.94 TOTAL $248,949.70 $58,304.57 $16,259.48 $11,333.95 $1,327.00 $336,174.65 April 4, 2011 - 3 - 2010 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL F- 2011 -11 * includes internet & cell phone expense Member Remuneration Expenses Total Diodati, J. 4,800.00 343.00 4,800.00 Fisher, S. 4,800.00 0.00 4,800.00 loannoni, C. 4,800.00 2,384.80 7,184.80 Kerrio, V. 4,800.00 0.00 4,800.00 Mayes, B. 4,800.00 430.50 4,800.00 Pietrangelo, V. 4,800.00 241.00 4,800.00 Salci, T. 0.00 $1,147.00 0.00 Thomson, W. 4,800.00 2,134.80 6,934.80 Wing, J. 4,800.00 4,800.00 Total $38,400.00 $4,519.60 $42,919.60 Member Remuneration Expenses Total Antonio, C. 780.00 343.00 $1,123.00 Cahill, M. 840.00 0.00 $840.00 Collinson, J. 1,050.00 132.50 $1,180.50 Pietrangelo, V. 0.00 0.00 0.00 Prata, G. 780.00 430.50 $1,210.50 Stranges, L. 840.00 241.00 $1,081.00 Total $4,290.00 $1,147.00 $5,437.00 April 4, 2011 - 4 - 2010 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT NIAGARA FALLS HYDRO HOLDING CORPORATION BOARD (only members of City Council are listed) F- 2011 -11 Member Remuneration Expenses Total Fohr, F. 0.00 185.49 $185.49 Mascarin, P. 0.00 970.52 $970.52 Wilson, L 0.00 279.00 $279.00 Total 0.00 1,435.01 $1,435.01 Member Remuneration Expenses Total Merlino, R. 0.00 279.00 $279.00 Pietrangelo, D. 0.00 279.00 $279.00 Total 0.00 $558.00 $558.00 April 4, 2011 COMMITTEES / COMMISSIONS (only members who received remuneration /expenses are listed) PARK IN THE CITY and TRAILS & BIKEWAY RECREATION COMMITTEE - 5 - F- 2011 -11 NiagaraJalls April 4, 2011 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Fire Department FS- 2011 -03 Amendment to User Fee By -law for Fire Prevention & Suppression FS- 2011 -03 That Council approve the report initiating amendments to the User Fee by -law for fire prevention and suppression services. Ontario Regulation 211/01, Propane, Storage and Handling, amended in 2008, requires that the local fire department approve elements of Risk and Safety Management Plans (RSMP) that relate to fire safety, fire protection and emergency preparedness. RSMPs are developed to raise awareness of propane facilities and address potential risks relating to them. The Office of the Fire Marshal (OFM) advises fire services to carefully review the plans prior to granting approval. A fire service should ensure the elements of an RSMP that relate to fire safety, fire protection and emergency preparedness reflect fire department capabilities, training and authority. To effectively review and approve an RSMP, the fire department must draw upon the knowledge, skills and experience of a number of fire service employees, thereby consuming a significant amount of time. The fire department believes that the propane operator should be levied a fee for service to support the resources expended. In August 2008, following the Sunrise Propane explosion in Toronto, the Government of Ontario announced a comprehensive safety review of the storage, handling, location and transport of propane in Ontario, focussing on propane related legislation and associated regulations. As part of its review, an independent Propane Safety review Panel was retained to make recommendations to improve the safety standards of propane operating systems. As part of its findings, the Panel recommended that the Ministry of Consumer Services amend the legislation, requiring the preparation of RSMPs for all propane transfer facilities. In December 2008, Ontario Regulation 211/01, Propane Storage and Handling, was amended to require propane operators to prepare and implement Risk and Safety Management Plans. This requirement applies to new or modified facilities effective January 1, 2010 and to all existing operators at the time of licence renewal after January 1, 2011. Type of Facility Volume of Propane Fee Existing 5000 USWG or less $250 New /Modified 5000 USWG or less $500 Existing More than 5000 USWG $1,250 New /Modified More than 5000 USWG $2,500 April 4, 2011 - 2 - FINANCIAL IMPLICATIONS The suggested fee structure can be found in the following table: A review of the existing propane facilities in the municipality that would fall under the requirements of the new legislation indicates that approximately ten (10) facilities would be captured by the "Existing 5000 USWG or Tess" category. The fire department, at this time, is not aware of any new proposed propane facilities. CITY'S STRATEGIC COMMITMENT The amendment to the by -law will improve efficiency by limiting the financial liability of the municipality and placing costs relating to individual properties on the owner of the property. Recommended by: Respectfully submitted: JJessop:tc ee Smith, Fire Chief Ken Todd, Chief Administrative Officer FS- 2011 -03 Niagaraj'aIls C,.d GA REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -17 Easement Agreement with Region of Niagara Seneca Street Pump Station Generator Building MW- 2011 -17 April 4, 2011 That the Mayor and Clerk be authorized to execute an Easement Agreement with the Region of Niagara to access the control building for the Seneca Street Pumping Station for nominal consideration. The City of Niagara Falls and Region of Niagara have been working to upgrade components of their respective sanitary sewer systems in an effort to eliminate combined sewer overflows and basement flooding at various locations across the City. Recent upgrades to the Seneca Street Pumping Station required the installation of a generator for the purposes of supplying stand -by power in the event of disruption to hydro service. This generator must be installed inside a building in order to meet the noise guidelines established by the Ministry of Environment. The Seneca Street Pumping Station is located within the existing road allowance which has limited room to house this component and related controls. The generator building has been constructed on a portion of City -owned lands located on Ontario Avenue. These lands have virtually no value due to the existence of a number of trunk storm and combined sewers encumbering greater than 75% of the property. In exchange forthis easement for nominal consideration the Region of Niagara will assume routine maintenance responsibilities for the entire lot. The By -law and related Agreement is included in the Council Agenda. BACKGROUND The location of the subject property and related infrastructure is shown on attachment 1. April 4, 2011 ANALYSIS AND RATIONALE Staff have been investigating the option of selling the property however due to the encumbrance of other City -owned infrastructure the land value has been determined to be of little or no value. Prior to the construction of this building maintenance of this property was done by City forces. FINANCIAL IMPLICATIONS None. COMMITMENT TO COUNCIL PRIORITIES The recommendation is consistent with Council's Strategic Priority to improve infrastructure sustainability and operations. LIST OF ATTACHMENTS 1. Location Plan - 5107 Ontario Avenue Recommended by: Respectfully submitted: G. Holman - 2 - MW- 2011 -17 t Geoff Holman, Director of Municipal Works Ken l'odd, Chief Administrative Officer Attachment #1 ia�,araJans Seneca Street Pumping Station Generator Building 5107 Ontario Avenue Pump Station Sanitary Line 5107 Ontario Avenue Ortho Image ca 2006 K: \GIS_ Requests \2011 \Custom\ Internal \Mun Works \SenecaPump.map Mardi 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -17 Official Plan Amendment No. 91 Deletion of Market Studies as Requirements Modifications to the Amendment RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND PD- 2011 -17 Niagarajlalls April 4, 2011 That Council advise the Region that it does not support the modifications to Official Plan Amendment No. 91. In August, 2009, Council adopted Official Plan Amendment No. 91. This amendment deleted the policies within the Official Plan which required the submission of market studies for applications to amend the Zoning By -law and /or Official Plan for retail development. The Amendment was forwarded to Niagara Region for approval where it was deferred to allow City and Regional Planning staff time to achieve consensus. City staff were successful in having the Regional modifications softened, such that the Region was willing to compromise to only require market studies where the proposed development may impact on a neighbouring municipality. The modified Amendment, however, is not consistent with Council's direction to eliminate the requirements for market studies completely from the Official Plan. In May of 2009, Council directed staff to prepare an amendment to the Official Plan that would eliminate the requirements of the Official Plan for applicants to provide market studies in the following cases: a new or significant expansion of a designated commercial district; an expansion of floor area beyond that permitted by the Zoning By -law; or an increase in neighbourhood commercial floor beyond 930 square metres (10,000 square feet). Such studies are typically used to demonstrate that there is the sufficient capacity in the local market for the additional floor area proposed by the development. Official Plan Amendment No. 91 was adopted by Council in August, 2009. It was forwarded to Niagara Region for approval. Regional Integrated Community Planning (ICP) staff recommended modifications to the Amendment to re- introduce the market study requirements. The Region's ICP Committee deferred approval of the modification in May of 2010 as a result of the City not supporting the Region's proposed modifications. The deferral allowed time for Region and City staff to reach consensus. April 4, 2011 - 2 - PD- 2011 -17 City staff repeated the wish of Council to eliminate the requirement for market studies. Failing this staff provided input which resulted in the softened modifications to the Amendment as follows: Market studies would be required only where a proposed retail development is of a size or nature that may impact on neighbouring municipalities. A market study would demonstrate how these municipalities would be affected, and if so, to what extent. Where a proposed retail development which may have the potential to impact on the planned function of the Downtown, a planning justification report, submitted as part of such an application, would include an assessment of potential impacts on the Downtown. The introduction of the term "Major Commercial Application" being a retail development proposal that would have the potential to impact neighbouring municipalities or the Downtown. An office consolidation of these modifications is attached as Appendix 1 for reference purposes. Staff Assessment Staff is recommending that the proposed modifications, by the Region, to the Amendment not be supported as they are not consistent with Council's direction not to require market studies for any application for retail development. The Region's Policy Plan encourages local municipalities to develop policies for the use of market studies but does not require such policies. The Council fully discussed and considered the need to require market studies prior to adopting Official Plan Amendment No. 91. Council's position is consistent with the Regional Policy Plan. CITY'S STRATEGIC PRIORITIES The recommendation not to support the proposed modifications to Official Plan Amendment No. 91 is consistent with Council's strategic priority of streamlining applications approvals processes. LIST OF ATTACHMENTS ► Modification to Official Plan Amendment No. 91 Recommended By: Respectfully Submitted: J. Barnsley /A. Herlovitch: gd Attach. S: \PDR\2011 \PD- 2011 -17, OPA No. 91, Deletion of Market Studies.wpd Alex Herlovitch Director of PlannirJg, Building & Development Ken Todd, Chief Administrative Officer PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text, constitute Amendment No. 91 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE (i) PART 2, SECTION 3, PREAMBLE, second paragraph is deleted in its entirety and replaced with the following: "A hierarchy based on major, minor and neighbourhood commercial uses follows the established commercial patterns of the City. The classification of commercial areas recognizes the locational and trade area requirements ofbusiness and the varying size and function of commercial areas to meet the needs of residents. In order to assess consumer demand and/or changes in market conditions, as well as to assess potential impacts on the planned function of the Downtown or potential cross municipal impacts, appropriate studies as identified in Section 3.5.1 may be required for major commercial applications as defined in this Plan. The Plan also promotes a high aesthetic quality in all commercial areas and endeavours to minimize their impacts on adjacent land uses." (ii) PART 2, SECTION 3, Policy 3.5.1 is deleted in its entirety and replaced with the following: "3.5.1 On occasion, an unforeseen shift in retail trends, a change in the market or trade area or the special locational requirements of a particular commercial facility may create demand for a new or major expansion of commercial areas. In order to assess the potential for cross municipal impacts, and to promote the revitalization of the Downtown, requests for: a) A major commercial application, where the trade area extends beyond the City's municipal boundaries, and which has the potential to impact a neighbouring municipality's commercial system or the Region's commercial system as a whole, shall be accompanied by a market study or economic feasibility study. Preconsultation shall occur with the Niagara Region and the affected local municipality. The City shall determine the need for a peer review of a market study or economic feasibility study. Peer reviews shall be undertaken at the cost of the applicant. The market study or economic feasibility study and the peer review shall address: i) the need for the proposed use; ii) the location, size and scale of the proposed development; iii) the potential for compatibility issues; -2- iv) the potential market impacts on existing and planned commercial areas, including the Downtown and other shopping nodes; and v) the intent of other relevant policies of this Plan, including Part 4, Section 14.2. b) A major commercial application which may affect the Downtown shall be accompanied by a planning justification report, as described in 14.2.1, to assess impact on the planned function of the Downtown and propose such mitigation measures as may be warranted." (iii) PART 2, SECTION 4, Policy 4.2.8 (i) is deleted in its entirety. Policies 4.2.8 (ii) to (v), inclusive, are renumbered to 4.2.8 (i) to 4.2.8 (iv), respectively. (iv) PART 4, SECTION 14, Policy 14.2.1 is deleted in its entirety and replaced with the following: "14.2.1 A planning justification report describing: the appropriateness of the site for a proposed use; compatibility of the proposed development with surrounding land uses; where applicable, demonstration that the planned function of the Downtown will be protected from major new commercial proposals; consistency with the Planning Act and its Policy Statements; and conformity with any Provincial Plans, the Niagara Region Policy Plan and this Plan." (v) PART 4, SECTION 14, Policy 14.2.2 is deleted in its entirety and replace with: " 14.2.2 A market study or economic feasibility study for a major commercial application, as defined in this plan." (vi) PART 4, SECTION 14, policy 14.2.7 is amended by replacing the word "or" with the word "and ". (vii) PART 5, APPENDIX 1 - DEFINITIONS, is hereby amended with the addition of the following definition: "1.24 "Major Commercial Application" - means any retail commercial application which is deemed to have the potential to impact the planned function of the Downtown or to have impacts that cross municipal boundaries." and the renumbering of definitions 1.24 to 1.42, inclusive, to 1.25 to 1.43, respectively. S: \OFFICIAL.PLN\AMEND\#91 - Market Studies\Post adoption modifications\BODY_91.wpd Niagara,Falls April 4, 2011 CANADA REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -18 DB- 2011 -001, Proposed Deeming By -law Lot 18, Registered Plan NS -25 Owners: Samuel & Theresa Barclay RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND PD- 2011 -18 That Council pass the by -law appearing on tonight's agenda to deem Lot 18, Registered Plan NS -25 to no longer be within the registered plan of subdivision. The passing and registration of a "deeming by -law" under the Planning Act for Lot 18, Registered Plan NS -25 will allow Lot 18 and Part of Lot 15 to merge to become one parcel. This will enable the lands to be treated as one lot for zoning purposes. The subject lands are zoned site specific Residential Single Family and Two Family (R2) zone. The by -law recognizes the location of the Spence Weaver House on the land and ensures the preservation of the landscaped yard between the dwelling and Dunn Street. The necessary deeming by -law is included in tonight's agenda. The subject lands, known as 6590 Dunn Street (Lot 18, Registered Plan NS -25) are located on the north side of Leawood Court and contains the Spence Weaver House. The house was designated under the Ontario Heritage Act in 1978 for its architectural and historical importance to the City. The land known as 6592 Dunn Street (Part of Lot 15, Registered Plan NS -25) is a vacant parcel and is located between Spence Weaver the House and Dunn Street. Refer to Schedule 1 for location of the two lots. On February 25, 2011, the City transferred part of Lot 15, Registered Plan NS -25 (Parts 1 and 5 on Plan 59R- 14208, shown on Schedule 2) to Samuel and Theresa Barclay. If the land (Lot 18, shown on Schedule 3) is deemed no longer to be within the registered plan of subdivision, it will be able to merge with part of Lot 15 and become one large parcel. A site specific Residential Single Family and Two Family (R2) zone, By -law No. 2010 -156 applies to the whole of 6590 and 6592 Dunn Street to preserve the historical setting of the Spence Weaver House by preventing new buildings or structures from being erected between the existing dwelling and Dunn Street. April 4, 2011 A deeming by -law removes the status as a separate entity under the Planning Act. The registration of the applicant's requested by -law would merge the subject properties together in the same ownership and will allow the lands to become one parcel. CITY'S STRATEGIC COMMITMENT The City is committed to preserving valuable heritage resources. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Survey Plan ► Schedule 3 - Plan of Subdivision (NS -25) Recommended By: Respectfully Submitted: A.Dilwaria:mb Attach. - 2 - PD- 2011 -18 Alex Herlovitch, Director of Planning, Building & Development Ke Todd, Chief Administrative Officer S: \PDR\2011 \PD- 2011 -18, DB- 2011 -001, Deming By -law Lot 18, Registered Plan NS- 25.wpd April 4, 2011 - 3 - SCHEDULE 1 PD- 2011 -18 Subject Land FMA LOCATION MAP Location: 6590 and 6592 Dunn Street Applicant: City of Niagara Falls Amending the Zoning By -law No. March 2011 April 4, 2011 x N O Q w J ° 0 W U zoa a 0 0 o � W J , M a 10 z N O r vl cn ° ■ • w o g O 90'tf ='' . • �v�ria and) •',. 'SO'6l 9L8'9l * avd* �Ti 1 M.SZ.IN a_ 10 O[VMIOY 413 19.1 N SY 01113517 0 J re arict Kt 8 1�1 ■ W � 9z9t9l kl 'ON 'ISM (01600 -W6t9 X1'd V N i0 (svan • tme) M.SZ.IN n 1010 21 107 - - - - (�- 9/ I - 4 - SCHEDULE 2 Lri o F- 0 W zl 107 89SL990i! 'ON 'LSM 0 (41)9600-L961.9 FI'd i l 11 O eto9.lozN la =n s• X. aO E �. �:•.a Jt.. gel (09999,014 ' 1'4 M 9a7uny ••) (!11 t , ' z toCSNS 'ON • I W (Fi)96io- /.9619 7I1'd I— � i i • tz9'S co PD- 2011 -18 1- 0 -J c. -"C April 4, 2011 - 9 - - 14 CLINN '1+ • - 5 - SCHEDULE 3 LEAWOOD ESTATES BEING A SUBDIVISION OF Riff OF LOTS ISO Ate TOWNSHIP OF STAMFORD NOW IN THE CITY OF NIAGARA FALLS IN THE REGIONAL MUNICIPALITY Of NIAGARA FORMERLY IN THE COUNTY OF WELLAND 1973 ROBERT W M c CARTNEY, 0 L S STREET LE M'OCX a 3 COURT 44:‘*7 2C 22 Ctf t coo NS - Z5 PD-2011-18 ammo a* wwww.• aaos 1•11C easuwo KEFtRY 1 ROWE LIMITED N3 - CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to discourage the feeding of coyotes. WHEREAS coyotes are wild animals native to the Niagara Region; AND WHEREAS urban expansion is taking place in the Niagara Region, including the City of Niagara Falls, which is leading to increased interaction between humans, their pets and property, and coyotes; AND WHEREAS interaction between wild coyotes and humans and their pets and property can lead to undesirable consequences for the humans, their pets, their property and for the coyotes; AND WHEREAS the Council of the Corporation of the City of Niagara Falls wants to take steps to provide that interactions between humans, their pets and property, with coyotes are as positive for all concerned as is possible; AND WHEREAS the Council has been advised by reputable experts on the behaviour of coyotes, that the feeding of wild coyotes is a leading cause of negative interaction between humans, their pets and property, and coyotes; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Purpose 1.1 The purpose of this by -law is to reduce the number of interactions between humans, their pets and property, and coyotes that result in injury or inconvenience to humans, their pets and property. 2. Interpretation 2.1 For the purposes of this by -law: (a) "coyote" is an animal that is, or appears to be, of the species Canis Iatrans and any animal that is a cross breed of a member of the species Canis Iatrans and a domestic dog. The singular of this word shall be deemed to include the plural with all necessary changes in detail; (b) "feed" includes any manner of providing or delivering, whether passive or active; (c) "food" includes any matter or thing that can be consumed by a coyote for sustenance; (d) managing food or an animal feeder in such a way as to attract animals which animals, in turn, attract a coyote, is deemed to be managing food or an animal feeder in such a manner as to attract a coyote; and (e) without limiting the generality of the definition of food set out above in this by -law, managing food shall include the disposal of waste, garbage and refuse. 3. Regulations 3.1 No person shall feed a coyote. 3.2 No person shall place, expose or allow to be placed or exposed, food that is consumed by a coyote. 3.3 No person shall manage food or an animal feeder intended to attract or feed animals other than coyotes, in such a manner that the food or feeder attracts a coyote. 4. Offence and Penalty 4.1 Any person who contravenes any regulation of this by -law is guilty of an offence and, upon conviction, is liable to a fine of up to Five Thousand Dollars ($5,000.00). 5. General: -2- 5.1 Each provision of this by -law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by -law remain valid and enforceable. 5.2 Nothing in this by -law relieves a person from complying with any provision of any federal or provincial law or regulation, other by -law, or any requirement of any lawful permit, order or license. 5.3 The short title of this by -law is the Coyote Control By -law. 5.4 This by -law shall come into force and effect on the day it is passed. Passed this fourth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 4, 2011. April 4, 2011. April 4, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law No. 79 -200, to recognize an existing triplex dwelling on the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R3 zone. 5. The regulations governing a triplex dwelling shall be: (a) Minimum lot area 445 square metres (b) Minimum lot frontage 12 metres (c) Minimum front yard depth 4.5 metres (d) Minimum interior side yard width 0.95 metres on the east side (e) Minimum floor area for a 51 square metres dwelling unit in a triplex dwelling (fl Maximum number of dwelling 1 units permitted in a cellar (g) Minimum number of parking 1 per dwelling unit spaces (h) Maximum lot area which can be 38% of the lot area used as a surface parking area (i) Maximum area of the rear yard which can be used as a parking area (j) The balance of regulations specified for a R3 use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet D3 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from R2 to R3 and numbered 939. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.939 Refer to By -law No. 2011- Passed this fourth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: S:\ZON (NG\AMS\2010 \By- laws \Byam° 13.wpd April 4, 2011 April 4, 2011 April 4, 2011 -2- 110 square metres SCHEDULE 1 TO BY -LAW No. 2011- Subject Land V Amending Zoning By -law No. 79 -200 Description: Lt 33 PI 318 Town of Niagara Falls; Niagara Falls Applicant: Domenic and Anna Armenti Assessment #: 272501001203600 K: \G IS_Requests\ 2010 \Schedule \ZoningAM \AM -13 \Mapping. map N 1:NTS AM- 2010 -013 March 2011 A by -law to designate Lot 18, Plan NS -25 to be deemed not to be within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act , R.S.0.1990, provides that the council of a local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1973; AND WHEREAS to facilitate the legal merger of the said land with Part of Lot 15, Plan NS -25 to allow it to be one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lot 18, Plan NS -25, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.0.1990. Passed this fourth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 4, 2011 April 4, 2011 April 4, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - S:\DEEMING BY- LAW\DB -2011 -001, 6590 & 6592 Dunn St, Samuel &Theresa Barclay\Deeming Bylaw.wpd COLUMN 1 HIGHWAY 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. (Yield Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended: (a) by adding to the specified columns of Schedule Q thereto the following item: YIELD SIGNS AT INTERSECTIONS COLUMN 2 FACING TRAFFIC Carolyn Avenue at Heather Avenue Southbound on Heather Avenue This By -law shall come into force when the appropriate sign is installed. Passed this fourth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 4, 2011 April 4, 2011 April 4, 2011 -2- A by -law to establish Block 17 on Registered Plan 59M -233 as a public highway, to be known as and to form part of Matthews Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Parcel 17 -1, Section 59M -233; Block 17 (reserve), Plan 59M -233 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parcel 17 -1, Section 59M -233; Block 17 (reserve), Plan 59M -233 that is hereby established as a public highway, be known as and form part of Matthews Drive. Passed this fourth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 4, 2011. April 4, 2011. April 4, 2011. CITY OF NIAGARA FALLS By -law No. 2011- First Reading: Second Reading: Third Reading: April 4, 2011 April 4, 2011 April 4, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of an Agreement with the Steckley Family & Friends respecting the Adopt- A- Street/Park/Trail public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated April 4, 2011, and made between the Steckley Family & Friends as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street /Park/Trail public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically along St. Michael Avenue from McLeod Road to Forestview Boulevard as well as Garner Park and Trail from McGarry Drive to Upper Canada Drive, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this fourth day of April, in the year 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR THIS AGREEMENT made this 4 day of April, A.D., 2011. BETWEEN: the Steckley Family & Friends Hereinafter called the "Volunteers" - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City ", of the FIRST PART; of the SECOND PART; WHEREAS the City's Adopt- A- Street/Park/Trail Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected street; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall appoint or select an authorized group representative to attend a safety meeting provided by the City and, in turn, supply safety training to the Volunteers. All participants must receive and be familiar with the contents of the safety brochure "Safety Guidelines for Volunteers" before participating in the clean up of the adopted street. 3. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule "B" attached hereto. 4. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 5. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Street and Park/Trail Program. 6. The City shall confirm the specific section of a City Street and Park/Trail to be adopted by the Volunteers. 7. The City shall provide safety information and training, trash bags, flags, to the Volunteers upon receiving notice prior to the beginning of a clean up. 8. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Park/Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter - productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 9. The City shall remove and dispose of filled trash bags following the clean up and a designated location. 10. The City shall remove litter such as large, heavy, or hazardous items that have been flagged by the Volunteers for pick up by the City. 11. The City shall monitor activities of the Adopt -A- Park/Trail Program to ensure that objectives of the program are being met. 12. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Park/Trail Program signs. 13. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 14. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: the Steckley Family & Friends 6547 St. Michael Avenue Niagara Falls, ON L2H 006 Attention: Sonia & Collyn Steckley Telephone: (289) 296 4059 Fax: N/A Email: ctteckley@cogeco.net The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, Ontario L2E 6X5 Attention: Director of Parks, Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 15. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 16. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of ) ) ) ) ) Name: Sonia Steckley ) ) ) Name: Collyn Steckley ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) )Name ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) THE CORPORATION OF THE CITY OF NIAGARA FALLS ) ) ) Name: James M. Diodati ) Title: Mayor ) ) ) Name: Dean Iorfida ) Title: City Clerk SCHEDULE "A" to an Agreement dated the 4 day of April, A.D., 2011 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street and Park/Trail: St. Michael Avenue from McLeod Road to Forestview Boulevard being a distance of 1.5 kilometres. And Garner Park and Trail from McGarry Drive to Upper Canada Drive being a distance of 0.5 kilometres. SCHEDULE "B" to an Agreement dated the 4th day of April, A.D., 2011 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical /first aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Park/Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Director of Parks, Recreation & Culture or his /her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only on the adopted Park/Trail. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8. clean up. The Volunteers shall wear clothing that will not impair vision or movement during 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall flag closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Director of Parks, Recreation & Culture or his /her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Street and Park/Trail clean up day unless it is renewed. C'\Documents and Settings \tn206\Local Settings \Temp \XPgrpwise\Draft Adopt A Park & Trail Agreement - Steckley Family & Fnends.wpd Between And AMENDING AGREEMENT INFRASTRUCTURE STIMULUS FUND CONTRIBUTION AGREEMENT HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure and the Minister of Agriculture, Food and Rural Affairs (jointly "Ontario" and as "OMAFRA" in the latter case) THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "Recipient ") ISF Amending Agreement WHEREAS the Government of Canada established a $4.0 billion ISF under Canada's Economic Plan to mitigate against the impacts of the global economic recession by increasing the total amount of construction activity to projects that were projected to start and be Substantially Completed in the Fiscal Years of 2009 -2010 and 2010 -2011; AND WHEREAS the Government of Ontario also recognized the impacts of the global economic recession on the Province, of Ontario and mitigated against those impacts by increasing the total amount of construction activity to projects that were projected to start and be Substantially Completed in the Fiscal Years 2009 -2010 and 2010 -2011; AND WHEREAS Ontario and the Recipient (the "Parties ") entered into the Infrastructure Stimulus Fund Contribution Agreement on December 11, 2009 (the "Agreement "); AND WHEREAS the purpose of the Agreement was directed at capital projects that involved moveable or non - moveable assets, constructed, rehabilitated, or improved, in whole or in part; AND WHEREAS the Government of Canada and the Government of Ontario agreed that the deadline for the Eligible Costs of extended projects will be extended from March 31, 2011 to October 31, 2011; AND WHEREAS the Parties wish to amend certain provisions of the Agreement as set forth in this amending agreement ( "Amendment ") to reflect the changes that have occurred since the Agreement was originally signed; NOW THEREFORE, pursuant to section 17.10 of the Agreement and in accordance with the principles set out above and the mutual covenants and agreements herein, the sufficiency of which is acknowledged, the Parties hereby agree as follows: Page 1 of 4 ISF Amending Agreement 1. Amendments to Section 1 of Schedule "A" of the Agreement. The following terms of Section 1 of Schedule "A" of the Agreement are amended as follows: (a) "End of Financial Assistance Date ". This definition is revoked and replaced with: "End of Financial Assistance Date" means October 31, 2011. (b) "Expiration Date ". This definition is revoked and replaced with: "Expiration Date" means March 31, 2013. (c) "Final Report Date ". This definition is revoked and replaced with: "Final Report Date" means December 15, 2011. (d) "Project Completion Date ". This definition is revoked and replaced with: "Project Completion Date" means October 31, 2011. 2. Addition of Section 3.6 to Schedule "A" of the Agreement. Section 3.6 is added to Schedule "A" of the Agreement as follows: 3.6 Deemed Ineligible Costs. Notwithstanding anything else contained in the Agreement, any cost invoiced by March 31, 2011 that the Recipient fails to submit to OMAFRA for the payment of Financial Assistance by April 30, 2011 shall be deemed to be an Ineligible Cost. 3. Addition of Section 4.18 to Schedule "A" of the Agreement. Section 4.18 is added to Schedule "A" of the Agreement as follows: 4.18 Adjust Financial Assistance Being Provided By the Government of Canada. If, in the sole and absolute discretion of Ontario, Ontario is of the opinion that the Government of Canada has, for whatever reason, reduced or ceased its funding for the Project, Ontario may Adjust the Financial Assistance in order to account for the reduction or cessation of funding for the Project from the Government of Canada. 4. Condition Precedent For Amendment That Project Must Have Incurred Eligible Costs By March 31, 2011. It is a condition precedent for this Amendment that the Project must have incurred Eligible Costs by March 31, 2011. Notwithstanding anything else contained herein, this Amendment or any part thereof may be deemed null and void at Ontario's sole discretion if the Recipient's Project has not incurred Eligible Costs by March 31, 2011. 5. Defined Terms. Any capitalized term used in this Amendment but not defined herein shall have the same meaning given to it in the Agreement. 6. Amendment May Be Signed in Counterparts. The Parties agree that this Amendment may be signed in counterparts. 7. Amendment Comes Into Effect When Recipient Signs. This Amendment comes into effect on the day that the Recipient signs the Amendment. Page 2 of 4 ISF Amending Agreement 8. The Agreement. The Parties acknowledge and agree that the Agreement continues as a valid and binding agreement, subject only to this Amendment, and that all other terms and conditions of the Agreement apply mutatis mutandis. [Rest of Page Intentionally Left Blank] Page 3 of 4 Affix Corporate Seal IN WITNESS WHEREOF Ontario and the Recipient have respectively executed this Amendment as of the dates indicated below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure Name: The Honourable Bob Chiarelli Date Title: Minister of Infrastructure and by the Minister of Agriculture, Food and Rural Affairs by: Name: The Honourable Carol Mitchell Date Title: Minister of Agriculture, Food and Rural Affairs RECIPIENT'S NAME: THE CORPORATION OF THE CITY OF NIAGARA FALLS by: Name: --JAM a =S M- QtDbr TI Title: r \ Ayo 1 1` Name: 1.4_,,,- Date Title: G . t.0 I/We have authority to bind the Recipient. Date ISF Amending Agreement Page 4 of 4 A by -law to hereby authorize the Mayor and Chief Administrative Officer to execute an Amending Agreement under the Recreational Infrastructure Canada Program in Ontario between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Health, Promotion and Sport, and the Corporation of the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, made between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure and the Minister of Health, Promotion and Sport and the Corporation of the City of Niagara Falls is hereby approved. Passed this fourth day of April, 2011 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 4, 2011 April 4, 2011 April 4, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. RECREATIONAL INFRASTRUCTURE CANADA PROGRAM in ONTARIO *** First Amending Agreement'' Ontario File Number: TSC1028 RInC Project Number(s): R2441, R2442, R2443, R2444, R2529, R2530 THIS FIRST AMENDING AGREEMENT is effective as of the day of BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure and the Minister of Health Promotion and Sport (referred to collectively herein as the "Ministry ") AND: THE CORPORATION OF THE CITY OF NIAGARA FALLS (referred to herein as the "Recipient ") , 20 WHEREAS the Ministry (then the Ministry of Energy and Infrastructure and the Ministry of Health Promotion) and the Recipient entered into a contribution agreement (the "Agreement ") dated December 18, 2009 hereby funding pursuant to the Recreational Infrastructure Canada Program in Ontario and the Ontario Recreational Program (referred to collectively herein as RInC /Ontario REC) is being provided to the Recipient for the Project described in the Agreement; AND WHEREAS the Government of Canada and the Government of Ontario agreed that the deadline for the Eligible Costs for certain projects will be extended from March 31, 2011 to October 31, 2011; AND WHEREAS the Ministry and the Recipient have agreed to amend the Agreement in the manner set forth in this First Amending Agreement. NOW THEREFORE, pursuant to section 17.10 of the Agreement and in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties covenant and agree as follows: 1. Unless otherwise specified, capitalized words and phrases in this First Amending Agreement have the meaning set out in the Agreement. 2. The following definition is added to section 1.1 of Schedule "A" of the Agreement: "Extended Project" means the following projects with the project numbers R2441, R2442, R2443, R2444, R2529, R2530 specified in Schedule "B" of the Agreement, provided that the project(s) has (have) incurred Eligible Costs before March 31, 2011. 1 of 9 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. "End of Financial Assistance Date" means March 31, 2011 or for an Extended Project it means October 31, 2011. "Expiration Date" means October 31, 2012. "Final Report Date" means June 30, 2011 or for an Extended Project it means January 31, 2012. 4. Subsection 3.2 (f) of Schedule "A" of the Agreement is intentionally deleted and replaced with the following: "(f) have been incurred on or after June 26, 2009 and on or before March 31, 2011 or October 31, 2011 for an Extended Project." 5. The following provision is added to Schedule "A" of the Agreement as follows: 3. In subsection 1.1 of Schedule "A" of the Agreement, the definitions "End of Financial Assistance Date ", "Expiration Date" and "Final Report Date" are intentionally deleted and replaced with the following definitions: 1.8 Terms and Conditions In Agreement Apply to Extended Project. For greater certainty, all terms and conditions that apply to a Project under the Agreement apply, with any and all necessary modifications, to any Extended Project. 6. Subsection C.2.1 (a) of Schedule "C" of the Agreement is intentionally deleted and replaced with the following: "a) costs incurred before June 26, 2009 and after March 31, 2011 or for an Extended Project, after October 31, 2011;" 7. Subsection C.2.1 (m) is added to Schedule "C" of the Agreement, as follows: "m) notwithstanding section 3.5 of Schedule "A" of the Agreement, any Eligible Cost that is incurred by the Recipient for an Extended Project prior to March 31, 2011 but not submitted to the Ministry on or before April 30, 2011." 8. That portion of Schedule "J" — Project Timeline included in the Agreement related to an Extended Project is intentionally deleted and replaced with Schedule "J" — Project Timeline attached hereto. 9. Other than as set out above, the Agreement remains unaltered and in full force and effect. 2 of 9 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. IN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and delivered this First Amending Agreement effective as of the date set out above. Date Date Date Date 10. This First Amending Agreement and the Agreement constitute the entire agreement between the parties. FALLS HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure by: Name: Bob Chiarelli Title: Minister Authorized Signing Officer HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Health Promotion and Sport by: Name: Margarett Best Title: Minister Authorized Signing Officer THE CORPORATION OF THE CITY OF NIAGARA by: Name: Title: Name: Title: I /we have authority to bind the Recipient 3 of 9 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. R2441 Upgrades to Oakes Park Project Construction Start Date: 2010 -09 -17 Anticipated Project End Date: 2011 -10 -31 SCHEDULE "J" PROJECT TIMELINE 2. 3. 4. 4a. 4b. 4c. 4d. 5. 6. Pre - Construction Planning and Design Permits and Approvals Obtained Ground Breaking Construction /Major Work Cleanup and Warranties Substantial Completion Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. SCHEDULE "J" PROJECT TIMELINE R2442 Expansion of Patrick Cummings Memorial Sports Complex Project Construction Start Date: 2009 - - Anticipated Project End Date: 2011 -10 -31 1. Pre - Construction Planning and Design 2. 4. 4a. 4b. 4c. 4d. 5. 6. Permits and Approvals Obtained Ground Breaking Construction /Major Work Cleanup and Warranties Substantial Completion 5 of 9 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. SCHEDULE "J" PROJECT TIMELINE R2443 Improvement of Kalar Park with Accessible Washrooms Project Construction Start Date: 2010 -02 -26 Anticipated Project End Date: 2011 -10 -31 1. Pre - Construction Planning and Design 2. 3. 4. 4a. 4b. 4c. 4d. 5. 6. Permits and Approvals Obtained Ground Breaking Construction /Major Work Cleanup and Warranties Substantial Completion 6 of 9 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. SCHEDULE "J" PROJECT TIMELINE R2444 Upgrade Splash Pad and Swimming Pool at F. H. Leslie Park Project Construction Start Date: 2010 - - Anticipated Project End Date: 2011 -10 -31 3. 4. 4a. 4b. 4c. 4d. 5. 6. Pre - Construction Planning and Design Permits and Approvals Obtained Ground Breaking Construction /Major Work Cleanup and Warranties Substantial Completion 7 of 9 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. R2529 Expansion of Millennium Recreation Trail Project Construction Start Date: 2010 -07 -12 Anticipated Project End Date: 2011 -10 -31 SCHEDULE "J" PROJECT TIMELINE 3. 4. 4a. 4b. 4c. 4d. 5. 6. Pre - Construction Planning and Design Permits and Approvals Obtained Ground Breaking Construction /Major Work Cleanup and Warranties Substantial Completion 8 of 9 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. R2530 Replacement of Wading Pool in E.E. Mitchelson Park Project Construction Start Date: 2009 -12 -04 Anticipated Project End Date: 2011 -10 -31 SCHEDULE "J" PROJECT TIMELINE 1. Pre - Construction Planning and Design 2. 3. 4. 4a. 4b. 4c. 4d. 5. 6. Permits and Approvals Obtained Ground Breaking Construction /Major Work Cleanup and Warranties Substantial Completion 9 of 9 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to establish an unnamed street on Plan 260 Village of Chippawa lying north of Sarah Street as a public highway, to be known as and to form part of Ives Gateway. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That unnamed street on Plan 260 Village of Chippawa lying north of Sarah Street; in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said unnamed street on Plan 260 Village of Chippawa lying north of Sarah Street that is hereby established as a public highway, be known as and form part of Ives Gateway. Passed this fourth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 4, 2011. April 4, 2011. April 4, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4 day of April, 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 4` day of April, 2011 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required. and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this fourth day of April 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 4, 2011 April 4, 2011 April 4, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -06 Notice of Default RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY BACKGROUND The penalties for a filing default are: CD- 2011 -06 Niagara,Falls April 4, 2011 All candidates in the municipal election are required to file financial statements by a specified deadline. Candidates, who do not file by the deadline, do not pay their surplus to the municipality or have indicated more expenses than permitted under the Municipal Elections Act are subject to penalties. The penalties include prohibition from running for office until after the next regular election and /or forfeiture of office if the candidate was successful in the election. The municipality has filed a motion to seek relief from the penalties outlined to prevent the head of council from having to forfeit his seat. Friday, March 25, 2011 at 2:00 p.m. was the filing deadline for Financial Statements (Form 4) for candidates in the recent Municipal Election. Section 80(1) of the Municipal Elections Act (the "Act ") outlines the applicable circumstances where a candidate is subject to penalties for what are best described as a filing violation. The various filing violations are: ► Failing to file a document required under the Act, such as a Form 4 or auditor's report if expenses and contributions exceed $10,000. ► Failing to pay a campaign surplus to the municipality. ► The Form 4 shows that the candidate incurred expenses in excess of the spending limit for the office the candidate sought in the election. The deadline for the aforementioned filing violations was 2:00 p.m. on March 25 unless the candidate sought, and received, an extension, prior to the deadline, through the courts. ► Until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies. April 4, 2011 - 2 - CD-2011-06 ► The candidate forfeits any office to which he or she was elected and the office is deemed to be vacant. The Act used to have a "grace period ", where the candidate could eliminate the default outlined in s. 80(1) before the filing penalties were imposed. The grace period was removed with amendments to the Act prior to last year's election. Three candidates in the last election failed to file the Form 4 by the deadline. The candidates are Garry Beck (City Council), Frank Herman (City Council) and Clarke Bitter (Trustee, District School Board of Niagara). The three candidates will be sent a Notice of Default by registered mail outlining that they will be precluded from running for any office under the Act until after the next regular election. As has been highlighted in the media, the successful candidate for Mayor had a filing violation, in that the Form 4 indicated expenses exceeding the prescribed limit outlined in the Act. The candidate, and a sworn affidavit from his auditor, have indicated that this was a reporting error where an accounting expense was wrongly attributed to the expenses subject to the spending limit, as opposed to an expense not subject to the limit, where accounting expenses are to be reported. As indicated, the Act no longer permits a correction of a filing error. As a result, the Mayor would be subject to forfeiture of office. The penalty seems unduly harsh. As a result, the City made application to the Superior Court of Justice last week. Timing was crucial, as a forfeiture of office, under Municipal Act provisions, requires the Council to declare the seat vacant by the next Council meeting. The City's legal argument is outlined in the next section. ANALYSIS /RATIONALE The penalty of forfeiture of office for a filing violation is stipulated in s. 80(2) of the Act. There is no apparent appeal, outlined in the Act, to this penalty, unlike other municipal election finance violations, which can be subject to the compliance audit process and appealed to divisional court. Also, the Act does not specifically indicate who is to enforce the sanction, although it is the Clerk's responsibility to send out the Notice of Default for the filing violations. In light of the harsh penalty (forfeiture of office) and the fact the electorate had recently spoken, the City filed a motion with the Superior Court of Justice requesting relief from s. 80(2) of the Act, which would allow the Mayor to retain his seat. The motion was heard on Friday, April 1, 2011. The City's Solicitor argued that it was possible for the superior judge to grant relief and that granting of such relief would not frustrate the policy or intent of the Act. The candidate's solicitor argued that the court has authority to reverse what would amount to an absurd result under the legislation. In addition the Clerk's affidavit outlined the legitimacy of the recent election results, the ramification of declaring the seat vacant and the costs to the municipality of holding a by- election. April 4, 2011 Justice Henderson, the presiding judge, reserved decision until April 8 but issued an interim order that the respondent remain the Mayor of the City of Niagara Falls until the matter is determined by the court. In Tight of the judge's order, as Clerk, the writer has not issued a Notice of Default related to the Mayor's filing violation. Finally, if the City is successful in getting relief from s. 80(2) of the Act that does not preclude an elector from challenging the candidate's financial statement under the compliance audit provisions of the Act. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The obvious legal implication is that a head of council could forfeit the office he was elected to by a plurality of the electorate. With no apparent appeal mechanism contained in the Act and any previous jurisprudence, the City filed a motion in Superior Court for relief from the penalty section that would lead to forfeiture. The case will be precedent setting. LIST OF ATTACHMENTS Clerk's affidavit Recommended by: Respectfully submitted: DI Dean lorfida, - 3 - CD- 2011 -06 ity Clerk K n Todd, Chief Administrative Officer ONTARIO SUPERIOR COURT OF JUSTICE DEAN IORFIDA, CLERK OF THE CORPORATION OF THE CITY OF NIAGARA FALLS AND THE CORPORATION OF THE CITY OF NIAGARA FALLS - and - JAMES MICHAEL DIODATI AFFIDAVIT OF DEAN IORFIDA Court File No. Applicants Respondent I, DEAN IORFIDA, of the City of Niagara Falls, in the Regional Municipality of Niagara, MAKE OATH AND SAY: 1. I am the Clerk of the City of Niagara Falls and, as such, have knowledge of the facts hereinafter deposed to. 2. The City of Niagara Falls conducted a municipal election on October 25, 2010. 3. As Clerk of the municipality, I was the overseer of the election process. 4. The office of the Mayor was won by James Michael Diodati. He received 13,520 votes. The second place candidate for Mayor received 10,464 votes. 5. Elections in Ontario are governed by the Municipal Elections Act, 1996 (the "MEA "). 6. The MEA provides that all candidates must file a Financial Statement and Auditor's Report by 2:00 p.m. on the last Friday in March of the year after the election. The last Friday in March in 2011 was March 25'. On March 24, 2011, James Michael Diodati filed his Financial Statement and Auditor's Report as required by the MEA. 7. The MEA provides a ceiling for candidates' expenditures during an election campaign. 8. The ceiling is calculated by a formula set out in O. Reg. 101/97, as amended. The MEA provides that a candidate who exceeds the ceiling is subject to certain penalties set out in the MEA. Those penalties include forfeiture of any office to which the candidate was elected. -2- 9. The Financial Statement and Auditor's Report filed by Mr. Diodati on March 24, 2011, disclosed that Mr. Diodati had exceeded the limit for election expenses during the election campaign that lead up to the October 25, 2010, Niagara Falls municipal election. Now shown to me and attached as Exhibit "A" to this my Affidavit is the Financial Statement and Auditor's Report filed by James Michael Diodati at the Office of the Clerk in the City of Niagara Falls on March 24, 2011. 10. The MEA does not specifically say who imposes the sanctions set out in section 80 of the NIEA, however, in practice, Municipal Clerks have imposed those sanctions. 11. Upon discovering that the Financial Statement and Auditor's Report filed by Mr. Diodati on March 24, 2011, indicated that Mr. Diodati's total campaign expenses exceeded the spending limit, the Clerk's office notified Mr. Diodati. 12. Mr. Diodati immediately took action, and on March 28, 2011, the second business day after the final day for filing, submitted a revised Financial Statement and Auditor's Report prepared by the same accountant who had prepared Exhibit "A ", together with a letter from that accountant, dated March 25, 2011, indicating that an error had been made in the preparation of Exhibit "A ". Now shown to me and attached as Exhibit "B" to this my Affidavit is a photocopy of the Financial Statement filed by James Michael Diodati with the office of the Clerk in the City of Niagara Falls on March 28, 2011. Now shown to me and attached as Exhibit "C" to this my Affidavit is a photocopy of a letter from Richard N. Chehowski, C.A. dated March 25, 2011. Mr. Chehowski is the accountant who prepared both Exhibits - A" and "B ". 13. Exhibit "C" indicates that a mistake was made during the course of the preparation of Exhibit 14. On the facts of this situation, as the overseer of the Niagara Falls municipal election of October 25, 2010, I can see no benefit whatever in having Mr. Diodati forfeit the office of the Mayor. The election was conducted in accordance with the prescribed rules and Mr. Diodati was clearly the choice of the people of the City of Niagara Falls. 15. Yet the MEA does not seem to contemplate the possibility of such a mistake, and does not have any provision in it allowing for the correction of an error of this type. 16. Prior to, on or about, December 14, 2009, the MEA provided a twelve day period during which a candidate could correct an erroneous Financial Statement and Auditor's Report, and thereby avoid forfeiture of office. In my view as an overseer of elections, it seems to me that when the Members of the Ontario Legislature removed the twelve day grace period, they did not intend to create an Act in which the smallest possible error could mean that the people's chosen candidate would lose his office. SWORN before me at the City of Niagara Falls, in the Regional Municipality of Niagara on the 30' day of March, 2011. /. Commissioner for Taking Affidavits -3- 17. It is not surprising that the people of Niagara Falls chose James Michael Diodati to be their Mayor. Among his many accomplishments, he is a successful entrepreneur and a seven year member of Council. Prior to being elected to Council, he ran the Ontario Games when they were stayed in Niagara Falls and was a long time member of the City's influential Recreational Committee. He also was the originator and driving force of an annual charity drive in Niagara Falls known as "Sleep Cheap ". The initiative has raised thousands of dollars for charity and requires the cooperation of a large number of competing hotels. 18. The City ofNiagara Falls employs a system whereby Councillors are elected City -wide. The eight persons who garner the most votes form the Council. Mr. Diodati has lead the popular vote in each election he contested for Councillor. This includes his rookie campaign. In my experience, and to my knowledge as a Municipal Clerk, it is almost unheard of for a rookie candidate to top the popular vote. 19. I would estimate the costs of a by- election at between $50,000.00 to $100,000.00. 20. As the overseer of the 2010 City of Niagara Falls election, I have accepted the revised Financial Statement and Auditor's Report received March 28, 2011, (Exhibit "B ") as being true and accurate, based upon the sworn declaration of the candidate, James Michael Diodati. 21. 1 make this Affidavit in support of an Application concerning the correct interpretation and meaning of the penalty provisions of the MEA and for no other, or improper, purpose. Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s.80(3)) TO: FROM: Niagaraperlls Frank Herman, Candidate for City Councillor Dean Iorfida, City Clerk / Returning Officer City of Niagara Falls TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: You failed to file your financial statement with the City Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before 2:00 p.m. on Friday March 25, 2011. In accordance with Section 80 (1) of the Municipal Elections Act, 1996 a candidate is subject to the penalties listed in Section 80 (2) of the Municipal Elections Act, 1996 if he or she fails to file a document as required under Section 78 or 79.1 by the relevant date. By failing to file your financial statement you are automatically in default and the following penalty applies: Until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which the Municipal Elections Act, 1996, applies. Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s.80(3)) TO: FROM: Garry Beck, Candidate for City Councillor Niagaraaalis Dean Iorfida, City Clerk / Returning Officer City of Niagara Falls TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: You failed to file your financial statement with the City Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before 2:00 p.m. on Friday March 25, 2011. In accordance with Section 80 (1) of the Municipal Elections Act, 1996 a candidate is subject to the penalties listed in Section 80 (2) of the Municipal Elections Act, 1996 if he or she fails to file a document as required under Section 78 or 79.1 by the relevant date. By failing to file your financial statement you are automatically in default and the following penalty applies: Until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which the Municipal Elections Act, 1996, applies. Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s.80(3)) TO: FROM: Niagaraaa 1s Clarke Bitter, Candidate for District School Board of Niagara Trustee Dean Iorfida, City Clerk / Returning Officer City of Niagara Falls TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: You failed to file your financial statement with the City Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before 2:00 p.m. on Friday March 25, 2011. In accordance with Section 80 (1) of the Municipal Elections Act, 1996 a candidate is subject to the penalties listed in Section 80 (2) of the Municipal Elections Act, 1996 if he or she fails to file a document as required under Section 78 or 79.1 by the relevant date. By failing to file your financial statement you are automatically in default and the following penalty applies: Until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which the Municipal Elections Act, 1996, applies. Municipal Clerk or l/ e