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2011/12/12
COUNCIL MEETING Monday, December 12, 2011 Order of Business and Agenda Package „off' Ni COUNCIL MEETING December 12, 2011 PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of November 28, 2011 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS The Cares Foundation 10 Annual Strike Out Violence Bowling Tournament Haley Bateman, Development Manager and Tom Snodgrass, Board Member will speak to Council about their annual event to raise awareness of Women's Place of South Niagara. World Kickboxing Championships Mayor Diodati will recognize members of Kokon Jiu- jitsu, who participated in the World Karate and Kickboxing Council World Championships as part of Team Canada. Michael Pisano, Chad Howard and Travis McConnery all won bronze medals. Business Recognition Awards The following businesses will be recognized for 50 -125 years of service in the community. Niagara Artcraft Woodwork Co. Ltd - 50 Years; Circus World Displays Limited - 50 Years Mike Lococo Dentistry - 50 Years Marineland Canada - 50 years George Schneider Construction Co. Ltd. - 60 Years Patterson Funeral Home - 100 Years Condotta, Merrett & Co. Insurance Broker - 125 Years Legacy Project Chippawa Polar Bear Dip 2 Gord West and Don Jackson, Niagara Falls Museums Advisory Board will update Council on the legacy project. Members from the Chippawa Boat Dock Committee will inform Council of this event scheduled for New Year's day. -AND- L- 2011 -26 - Sublicence Agreement of Chippawa Boat Dock to Chippawa Public Docks Committee Background Material: Recommendation Report: PD- 2011 -88 -AND - Correspondence from Veronica Veal Correspondence from Victor Elms PLANNING MATTERS Public Meeting AM- 201 -012, Zoning By -law Amendment Applicatiom 4080 Hickson Avenue Applicants: Michael and Kristine Adams Agent: Rocco Vacca, Sullivan Mahoney Proposed Cottage Rental Dwelling MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 FX WORX INC. - Request approval to shoot fireworks off the Skylon Tower on New Years Eve. RECOMMENDATION: For the Approval of Council - 3 - 2. Regional Municipality of Niagara- Requesting comment on applications received from Metro Grocery Store, 3770 Montrose Road and Food Basics, 6770 McLeod Road for tourist exemptions under the Retail Business Holidays Act. RECOMMENDATION : That Council support the requests Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. * * * ** REPORTS 1. CD- 2011 -17 - 2012 Council Schedule, Report #2 2. F- 2011 -61 - Approval of Interim 2012 Spending Limits RATIFICATION OF "IN CAMERA" RECOMMENDATIONS RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council considers Golden New Years Eve 2012, at the Scotiabank Convention Centre, as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 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. BDD- 2011 -12 - Office Relocation and Incubator Space F- 2011 -50 - Capital Plan Update F- 2011 -49 - Financial Report as of October 31, 2011 F- 2011 -58 - Municipal Accounts 2011 -152 4 MW- 2011 -49 - Decorative Wall Construction in New Developments MW- 2011 -57 - Transfer of Pumping Stations to the Region, Garner Southwest and Grassy Brook Pumping Stations MW- 2011 -60 - Streetlighting Maintenance Contract Extension PD- 2011 -86 - Matters Arising from Municipal Heritage Committee R&C- 2011 -17 - Sale of Gale Centre Ice at Reduced Rates R&C- 2011 -18 - Update on Recycling Procedures at the Gale Centre TS- 2011 -26 - 2010 Motor Vehicle Collision Report TS- 2011 -36 - Heximer Avenue- Parking Control Review TS- 2011 -45 - Subdivision Agreements Update to parking and Traffic By -law 89 -2000 TS- 2011 -53 - Lemon Road and Miller Road - Bridge Weight Restriction BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -148 A by -law to amend By -law No. 79 -200, to rezone the Lands R1C to regulate the development of the Marinelli Estates subdivision. (AM- 2011 -010) 2011 -149 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2011 -150 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections) 2011 -151 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited, Loading Zones, Weight Limits on Bridges) A by -law to amend By -law 2011 -51, being a by -law to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by the Corporation of the City of Niagara Falls. 2011 -153 2011 -154 2011 -155 - 5 - A by -law to authorize the execution of a Sublicence Agreement with Ontario Power Generation Inc. and Chippawa Public Docks Committee dated December 12, 2011, respecting the sublicence of the Ontario Power Generation Inc. lands for the New Chippawa Boat Dock (attachment to follow). A by -law to authorize the payment of $4,680,183.44 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of December, 2011. NEW BUSINESS (11/29/2011) Dean lorfida - Council Meeting Request from Women's Place of South Niagara Page 1 From: "Dana" <Dana @wpsn.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 11/9/2011 10:38 AM Subject: Council Meeting Request from Women's Place of South Niagara Hello Dean, I would like to request to be put on the December 12th Council Meeting Agenda. Two representatives from The Cares Foundation 10th Annual Strike Out Violence Bowling Tournament would like to attend to speak about the event on March 2, 2012 and raise awareness of Women's Place of South Niagara Inc. Please let me know if you have any questions or concerns. Respectfully, Dana Dana Dorschner Development Officer Women's Place of South Niagara Inc. PO Box 853, Niagara Falls, ON L2E 6V6 P:905- 356 -3933 ext. 241 F:905- 356 -5522 www.womensplacesn.org The information contained in this email is confidential. If the reader is not the intended recipient or the agent thereof, you are hereby notified that any dissemination, distribution or copying of this email is strictly prohibited. If you have received this email in error, please notify us immediately. Thank you. Community Services Department Recreation and Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Executive Assistant FROM: Lori Albanese Community Development Coordinator Ext. 3332 NiagaraJaIls DATE: December 12, 2011 RE: Awards at Council - Monday, December 12, 2011 Niagara Members of Team Canada - World Kickboxing Championships - Bronze Medals Three members of Kokon Jiu-jitsu in Niagara Falls participated in the World Karate and Kickboxing Council World Championships in Cadiz, Spain on October 31 to November 4, 2011 as part of Team Canada. Michael Pisano, Chad Howard and Travis McConnery all won bronze medals. The Team Members participated in two events: Semi - Contact Point fighting, where competitors attempt gain points by "scoring first" in two minute matches and Light- Contact Kickboxing which are 2 -Round Fights that are scored in the same manner as boxing or MMA but don't not allow intentional knockouts. Chad Howard took home bronze medals two events. In the Mens (18 +) under 85 kg Point Fighting, he made his way to the semi - finals and lost a close fight to the eventual Gold medalist, American Robert Wallace. In the Mens under 85 kg light contact kickboxing Chad again found himself in the semi - finals where he lost a tough match to the Fighter from Northern Ireland. Chad's performance earned him Bronze medals in both Divisions. Travis McConnery also took a bronze medal in the Mens (18 +) Heavyweight ( +90 kg) light contact kickboxing division, after wins over the Northern Ireland fighter and a fellow Canadian Team member. Unfortunately Travis's day was cut short due to an injury, which forced him to withdraw mid -match in the semi - finals. This was the first major international competition for both Travis and Chad and was a great experience for these guys" says head instructor Michael Pisano It was good for them to see competitors of this skill level and to compete with them in their first year of competition is fantastic ". Head Instructor and Coach Michael Pisano returned to international competition after a 16 year layoff and took a bronze medal in the Veterans (35 +) Heavyweight Point Fighting division. In the Veterans (35 +) Heavyweight light contact kickboxing division Mike lost a tough split decision to bronze medalist and current IKF World Heavywieght Kickboxing Champion Magnus Rapp of Sweden in the Quarter Finals. The next day Mike bounced back by getting past Rapp and the defending light contact kickboxing world champion Colin O'Shaughnessy of Ireland in the Veterans Heavyweight Point Fighting division. Sensei Mike was inducted into the Niagara Falls Sports Wall of Fame in 2007 and is a former Sport Jiu -Jitsu World Champion. .../2 Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services The WKC world karate championship is a multi - discipline competition, with divisions for both Kids and Adults in Weapons and Empty Hand Kata (forms), Point Fighting and Light Contact Kickboxing. This year's WKC world championships had close to 1000 competitors from 53 countries participate. Team Canada won the overall medal competition with 269 medals followed by Team USA with 149 medals and ENGLAND with 129 medals. cc. Dean Iorfida, Kathy Moldenhauer -2- 50 Years Niagara Artcraft Woodwork Co. Ltd. Daniel Trabucco Jr. & Betty Trabucco Circus World Displays Limited Ramesh Jain & Sujata Jain Mike Lococo Dentistry Dr. Mike Lococo Marineland Canada John Holer 60 fear George Schneider Construction Co. Ltd. George & Diane Schneider 100 4 ears Patterson Funeral Home Francis & Patricia Patterson Ed & Ruth Ann Nieuwesteeg 125 Years Condotta, Merrett & Co. Insurance Broker Tony Picca Niagara,Falls City of Niagara Falls Mayor & Members of Council Business Anniversary Recognition December 12, 2011 Wendy Canavan Economic Development Officer O. Box 1023. Niagara Fars, ON, Canada L2E 6X5 905 -356 -7521 , v w::»:.niagarafalls.ca Working Together to Serve Our Community Business Development Ext 5002 Fax 905 - 357 -9293 wcanavan@niagarafal Is. ca (11/29/2011) Dean Iorfida - December 12th council meeting Page 1 From: Clark Bernat To: Dean Iorfida CC: Kathy Moldenhauer Date: 11/28/2011 4:25 PM Subject: December 12th council meeting Dean, We just finished a meeting with Ken Todd, Kathy and Geoff, we would like to request that the Museums Advisory Board be given some time at the December 12th council meeting for a deputation and update on the Legacy Project. Gord West and Don Jackson will be presenting. Thanks Clark Clark Bernat Manager, City of Niagara Falls Museums 5049 Victoria Avenue Niagara Falls, ON L2F 4F2 905 - 358 -5082 cbernat @niagarafalls.ca NiagaraFalls December 12, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2011 -26 Sublicence Agreement of Chippawa Boat Dock to Chippawa Public Docks Committee Our File No. 2010 -150 RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND L- 2011 -26 1. That the City enter into a Sublicence of the Licence between the City of Niagara Falls and Ontario Power Generation Inc. for the lands in and around the Chippawa Boat Dock. 2. That the Mayor and City Clerk be authorized to execute whatever documents are required to undertake the foregoing. The Chippawa Public Docks Committee may be able to obtain Trillium Funding for the construction of the Chippawa Boat Dock if it is able to demonstrate it has an interest in the lands upon which the dock is to be constructed. There is a further requirement that the dock be transferred to the City after approximately 5 years. Staff are seeking authority for the City to enter into the Sublicence Agreement required to enable the Chippawa Public Docks Committee to have an interest in the lands upon which the dock is to be constructed. On May 30, 2011 by Report MW- 2011 -20, Council approved the City entering into an Licence Agreement with Ontario Power Generation Inc. to obtain a license and related approvals to construct a dock in the Welland River in Chippawa. The dock was to be constructed with the cooperation and assistance of the Chippawa Public Docks Committee. (See attached report MW- 2011 -20.) The Chippawa Public Docks Committee has discovered that it may be able to obtain Trillium Funding towards the construction of the dock. It is a condition of the Trillium Funding that the Chippawa Public Docks Committee have an interest in the lands in and around the dock at the time the funding is advanced. It is a further condition of the funding that the dock ultimately become publicly owned. The Sublicence Agreement will enable the Chippawa Public Docks Committee to fulfill these conditions. December 12, 2011 ANALYSIS /RATIONALE Council has already determined that constructing a public dock in Chippawa is in the public interest. The Sublicence is a means of securing that end with the possibility of a savings to the Niagara Falls taxpayer. FINANCIAL /LEGAL IMPLICATIONS - 2 - L- 2011 -26 The proposed new Chippawa Boat Dock is not currently funded in the 2011 Capital Budget. It is listed within the 2011 Capital Budget Addendum. The project will be identified in the forthcoming 10 year capital plan with the possibility that it would be approved in 2012. The anticipated cost of the project (including external contributions) is estimated at $130,000.00, subject to the public procurement process. The Chippawa Public Docks Committee has stated a commitment to funding 100% of the new fixed dock portion of the project. The value of this commitment to funding is anticipated to be approximately $50,000.00, with the site works (the City portion) estimated at $80,000.00. To permit the development of the proposed new Chippawa Boat Dock, a Crown Lease arrangement is required with the Ministry of Natural Resources, which will provide the municipality with the right to occupy the Welland Riverbed for the purpose of constructing a boat dock. This arrangement will need annual renewals with an associated fee, yet to be determined. In addition, it will also be necessary to receive federal approval from Transport Canada, Oceans & Fisheries Branch, under the Navigable Waters Protection Act. There may be other permits or approvals required for the project. As the facility will be municipally owned, Staff will be discussing appropriate measures to mitigate the risks with its insurer. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. Actively pursue economic development opportunities such as authentic Eco and Heritage Tourism opportunities. ATTACHMENT • Report MW- 2011 -020 Recommended by: .r 6CZ c.�> Respectfully submitted: KB Attachment Ken Beaman, City Solicitor' Ke Todd, Chief Administrative Officer Niagara 11 s l \v �D.t REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department Clerks Department SUBJECT: MW- 2011 -20 Proposed New Chippawa Boat Dock RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND MW 2011 - 20 May 30, 2011 The recommendation(s) contained in this report were adopted in committee and ratified by City Council 1. That Committee recommend for ratification that Council endorse the concept, location and timing of the proposed new Chippawa public boat dock and arrangement with the Chippawa Public Docks Committee. 2. City staff be directed to undertake a Crown lease arrangement with the Ministry of Natural Resources (MNR) and seek the consent of other approval agencies. 3. That funding for the City's portion of this project be referred to the 2012 Capital Budget deliberations. 4. That staff conduct a review of on- street parking on Front Street so that any modifications can be incorporated into the design and implemented during the project construction phase. The Chippawa Public Boat Dock Committee is a non - profit group of citizens interested in the development of a formal public dock facility intended to improve opportunity for public access to the Welland River. The proposed location for the dock is on the north side of the Welland River, along Front Street, adjacent to the Weightman Bridge. The proposed arrangement has the Chippawa Public Dock Committee committed to fundraising for the dock portion of the project. The facility will also require proper parking, sidewalk links, emergency access and amenity space to be constructed along the shore, proposed to be funded by the municipality. The goal of the proposed new Chippawa boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. In 2010, Council received a series of reports on the proposed relocation of the former Chippawa BIA- sponsored boat dock. Council's motion was to return the former dock to its' original location (south side of the Welland River) and that a City committee be formed to establish a long term plan for public docks along the Welland River. It should be noted that May 30, 2011 - 2 - MW- 2011 -20 the south side boat dock was installed on May 19 2011 through the joint efforts of Municipal Works staff and the firefighters from Station 4 in Chippawa. Since Council's motion City staff having been working with a group known as the Chippawa Public Docks Committee. Staff developed a concept plan that situated the proposed new boat dock on the north side of the Welland River, along Front Street adjacent to the Weightman Bridge. This location meets the needs of the project by; providing dock users with access to the Chippawa businesses, allowing vehicular access for emergency services and gives an opportunity to beautify and better utilize existing City of Niagara Falls lands. The proposed concept plan developed with the Chippawa Public Docks Committee includes the following elements; a new, fixed (non - floating) dock with an approximate length of 30m (100'), a parking area, sidewalks, a lock -able pedestrian gateway to the dock, information signage, lighting and picnic tables. Furthermore, the proposed concept plan has been developed with accessibility in mind and will be compliant with the Facility Accessibility Design Standards (FADS), the guiding document for new municipal facilities. On May 4, 2011, City staff participated in a stakeholder open house meeting hosted by the Chippawa Public Docks Committee to receive comment on the proposed new Chippawa Boat Dock. The meeting was attended by approximately 40 individuals and included Chippawa residents, merchants and representatives of Ontario Power Generation, Emergency Services and the Niagara Parks Commission. The comments received from the stakeholder open house meeting were strongly supportive of the proposed new Chippawa boat dock (see attached). ANALYSIS /RATIONALE The purpose of the proposed new Chippawa boat dock will beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. The proposed arrangement is that the Chippawa Public Docks Committee will fundraise for the financing of the physical dock. The municipality would be responsible for the "up land" works (i.e., the public lands leading to the dock). The dock would be a municipal asset under City ownership, which would help facilitate needed consent from the various, possible approval authorities (Ministry of Natural Resources, Ontario Power Generation, Oceans and Fisheries et al). The municipality would also be expected to issue receipts for the fundraising initiatives of the Chippawa Public Docks Committee. Finally, City staff would create the design work and issue appropriate tenders to see the project come to fruition. City staff has prepared a concept plan for the dock and surrounding lands. St. John Ambulance and the Fire Station No. 4 Fire Chief will be consulted in the formal design planning stage to ensure the dock and lands are optimized for emergency service staff. In addition, a review of on- street parking on Front Street by Transportation Services is recommended so that any modifications can be incorporated into the design and implemented during the project construction phase. May 30, 2011 FINANCIAL/ LEGAL IMPLICATIONS The proposed new Chippawa boat dock is not currently funded in the 2011 Capital Budget. It is listed within the 2011 capital budget addendum. The project will be identified in the forthcoming 10 -year capital plan with the possibility that it would be approved in 2012. The anticipated cost of the project (including external contributions) is estimated at $130,000, subject to the public procurement process. The Chippawa Public Docks Committee has stated a commitment to funding 100% of the new fixed dock portion of the project. The value of this commitment to funding is anticipated to be approximately$50,000, with the site works (the City portion) estimated at $80,000. To permit the development of the proposed new Chippawa boat dock, a Crown lease arrangement is required with the Ministry of Natural Resources, which will provide the municipality with the right to occupy the Welland River bed for the purpose of constructing a boat dock. This arrangement will need annual renewals with an associated fee, yet to be determined. In addition, it will also be necessary to receive Federal approval from Transport Canada, Oceans & Fisheries branch, under the Navigable Waters Protection Act. There may be other permits or approvals required for the project. As the facility will be municipally- owned, staff will be discussing appropriate measures to mitigate the risks with its insurer. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents Actively pursue economic development opportunities such as authentic Eco and Heritage Tourism opportunities. LIST OF ATTACHMENTS Attachment #1 Attachment #2 Attachment #3 Proposed New Chippawa Boat Dock Location Map Proposed New Chippawa Boat Dock Concept Plan Comments from the Public Open House Recommended by: !� r F Geo f Hol rector of Municipal Works Recommended by: Dean lorfida, fifty Cle Respectfully submitted: DA/DI /GH - 3 - MW- 2011 -20 Ke Todd, Chief Administrative Officer 1?,0 3807 , lager Proposed New Chippewa B ‘,.; ,sk= / \ 3818 „/ N / ..t-Z‘ / , 0 ."\ 0 / • 3824 s\ \/ \ / N /N 3832 N. N /—<, 3817 / '. 3800 / 14 \ 3808 3786 MW-2011-20 ATTACHMENT #1 19 3758 / May 2011 0 6- ZI". ' 1041 I c s tlir 'dot • FRONT STREET - • FRONT ST a _1 MW-2011-20 ATTACHMENT #2 \ agaraiiills ' 0 : •-• 7 • (1111)P1W1 , E L',HIPPAWA BOAT (OK Stg7! /TAY CHIPPAVVA PUBLIC DOCKS COMMITTEE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name 544/Lc .) Address 2 . fU'^i. ( .S% Yo( -35 Email 6 S.- /'s./ec:cr C; j - CO Phone # I /we would be interested in assisting the Chippawa Public Docks Committee LI" COMMENT 1 CH PPA . PUBLIC DOCKS COMMITTEE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one-of our representatives for further information. L n Name \ ; / �i': - Address . c Phone # L 4 :- 5 Email 6:1 Uwe would be interested in assisting the Chippawa Public Docks Committee ❑ COMMENT � i \ - Ck !A-• t....,-\ �� ( �„ L) ., 1 Lt C lam' ((t\ r-,* C_ �I) - ( C ! 6 ' 2 11 5� � J - C IPPAWA PUBLIC DOCKS COMMITTEE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name �-c lam; a Address « /c,-4 �, r A,' • r. (-)„ LSE 5(„. Phone # `'iL) S- Email iYl S 1 ( ..) cn•, • Uwe would be interested in assisting the Chippawa Public Docks Committee ❑ COMMENT .1 -e-e ( -+ ;- ,tea , ,_ r ) 1 -.. \ . k v- •-. Ll......—♦ • -- \. c ( - . , a.J ) 1'1 wl 1 ,:_-,-...k ..,.. • e ',' : J S 1 2) t .c/J L-3-e--k...1 COMMENT CHIP fi PU''' .RT COMMITTEE 4.. The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name , /t/( Address /oC C°' f L; / A - /' -' f'i C et" %, . / Phone # Email :;f'7 / T CI , 1/we would be interested in assisting the Chippawa Public Docks Committee ❑ "717 /yam tf� c�rL�t. r- ✓.we ���cc.� , ���I p rte-. �,1,.K�� y S. The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name �1/U i 'C/ /-// T Address 7 / /t�l /�G 7 /� tel/ ,Cat= l C Phone # fI P ° - '1 . p ,BL C DOCKS C IM M TT E Email l ` G(2 t� x L' /0N/44lf , Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT ��h c 5 '7 /¢ 7 ;2e/ /D R/44 e°72 - v f`� Name Email a? P P r,tA '�...; L���f�.._ 1 !✓ 0 r ya 0K COMMITTEE' I c 3 /!v /7/ The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of e ur representatives for further information. Address '�r�lr� 4, h' , , e4 { . -- '2,1- 4 2 0 , ✓� Phone # ,9 �f - •� Uwe would be interested in assisting the Chippawa Public Docks Committee ❑ COMMENT f 7 •O -__ 7'` �,� -v-rc.f - -7 - Phone # Email � t"`. P V t i; s'_ B! C DO C.. K The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name ( Address f ; kc t• C_ -1 (/L -CJL COMMENT COMMENT h c tit t, "� Ci S <t / Cc2icar tc ;r 11) t C t S /4 ( I LL / / 1 C /-y) COMMITTEE Uwe would be interested in assisting the Chippawa Public Docks Committee ❑ L_ r , Me, SIC L /c' -) - 111 ' V (/ e: t c:: CI) f ) ( /') c' e / c l_ Li(. /)•1 /� t'j CC h_ C 4 T 1 J C)Jl 1 /Yi , /� 4 "L' vp if � G l c c.t <<. t '/ e (Ti r c / -I/ �F' C: (1 � >r7� < / / .17 1 l T t 6/, c C/i` -�f / it /� E• vc-'r OL�l; 1171l) . /S 7)/ - c. t C vf'.F (.7 ) (..."(- L < r ' <{ � jt l cl � c r CI) , /7 pt./ a/17 e- The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. f Name A C . / ` / ' _ / / ( f ; / _) , Address Phone # COMMENT �`-' � -.� ; �� �:� �, t � ,,¢ t�� PUBLIC _� � l_ 1 �,�' �`; � �': COMM ITT EE 4I I . , IC ,- ,..�CK S COM I ��� EE /r /L . Email Y' fi Uwe would be interested in assisting the Chippawa Public Docks Committee ❑ i ll CH1PPAWA PUBLIC DOCKS COMMITTEE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for furthers information. Name (41,4 ey Address ' eso Li 6 4 4 l `7)/096t /e� Fcc-a 5 Cc1,h CL 4:ze7 i.a6- 6 5 Phone # Ic'S 9f Email /xZC't_` /C`i ( d5eCG - ca rnXne2e v/C @g hakma/ / eon) Uwe would be interested in assisting the Chippawa Public Docks Committee C3� COMMENT -p 5s, /" / Niagararalls December 12, 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 -88 AM- 2011 -012, Zoning By -law Amendment Application 4080 Hickson Avenue Applicants: Michael and Kristine Adams Agent: Rocco Vacca, Sullivan, Mahoney Proposed Cottage Rental Dwelling RECOMMENDATION That Council approve the Zoning By -law amendment application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit the existing single detached dwelling to be used as a cottage rental dwelling with a maximum of three (3) bedrooms. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit the existing single detached dwelling on the property to be used as a cottage rental dwelling (rented to a single group of travellers for a period of less than 28 days). The amendment can be supported because: the proposed use is similar to bed and breakfast establishments which are permitted in residential areas by the Official Plan, where they are compatible with the neighbourhood; the use is compatible with the Glenview Neighbourhood being located at the periphery of the neighbourhood, near the Great Wolf Lodge, and having convenient access to the arterial road system via Leader Lane; no changes are proposed to the dwelling that will alter its appearance or character; the size of the groups renting the dwelling will be controlled; and the City can regulate the use through licensing and enforcement of its noise by -law. BACKGROUND PD- 2011 -88 Proposal A Zoning By -law amendment is requested for 4080 Hickson Avenue which is located on the southeast corner of Leader Lane and Hickson Avenue(see Schedule 1). A detached dwelling exists on the 357 square metre (3,850 square foot) property which is being used as a cottage rental dwelling contrary to the Zoning By -law. The application was filed as the result of a complaint. The amendment is requested to recognize the use and a number of existing site conditions. Schedule 2 shows details of the property. December 12, 2011 - 2 - PD- 2011 -88 The subject land is currently zoned Residential Single Family and Two Family (R2) which permits a detached dwelling. Site specific zoning regulations are requested to be added to the zoning of the land to add a cottage rental dwelling to the list of permitted uses. In addition, site specific modifications are requested to the R2 regulations to recognize the existing lot area, front and exterior side yard setbacks and to permit part of the dwelling to be located in the cellar. Site Conditions and Surrounding Land Uses Pictures provided by the applicant illustrate that the subject dwelling has been refurbished and that decks have been added to the front and rear of the dwelling. The land is surrounded by detached dwellings to the south, an apartment building to the east, a triplex dwelling to the west and a park to the north. The Great Wolf Lodge is located north -west of the property. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara No objections. The amendment is consistent with Provincial and Regional policies as it provides for tourist uses that support strong urban economies. • City Clerk - A license to operate the cottage rental dwelling will be required. • Building Services A Building Permit will be required to ensure the installation of carbon monoxide /smoke detectors. Appropriate ceiling clearance and egress will be required for the basement bedroom. Municipal Works, Parks and Recreation, Transportation Services, Legal Services, Fire Services, Niagara Falls Transit No objections. • Surrounding Neighbours Two letters have been received from neighbours and are on tonight's agenda. One letter objects to the proposal, citing disturbances by guests at the cottage rental dwelling, and an excessive number of vehicles parked on the property. The other letter does not object to the application, but notes occasional disturbances from guests. Neighbourhood Open House A neighbourhood open house was held on November 8, 2011 to explain the proposal and to answer questions. The applicants, the applicants' agent and one neighbour were in attendance. December 12, 2011 - 3 - PD- 2011 -88 The neighbour noted previous disturbances, including excessive noise and disruptive behaviour, caused by guests. She expressed her belief that at times more than one group of travellers were staying in the dwelling and her opinion that the dwelling was being excessively occupied. She stated that a cottage rental dwelling in this location was not compatible with the surrounding residential uses. She also noted difficulty in getting a response from police one night. The applicant indicated he had taken steps to control the behaviour of guests, including posting rules, and would be controlling occupancy based on applicable regulations (2 per bedroom). The applicants stated that given the location of the site close to tourist areas they felt it was an appropriate land use. The applicant's lawyer noted that there were mechanisms in place, included the City's noise by -law and the licensing by -law, to control the operation of the cottage rental dwelling. The applicant also offered additional fencing and tree planting to mitigate impacts. ANALYSIS 1. Official Plan The land is designated Residential in the Official Plan. While dwellings are intended to be the predominant use under this designation, a variety of ancillary uses including bed and breakfast establishments may also be permitted where they are compatible with the residential environment. Such facilities are to carefully regulated as to their location, size and traffic generation in order to minimize disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The proposed development complies with the Official Plan as follows: - A cottage rental dwelling is a form of small scale, short term accommodation, similar to a bed and breakfast establishment, that is permitted throughout the City's residential areas, where they are considered compatible land uses; The site is an appropriate location for small scale, short term tourist accommodations, being located at the periphery of a residential neighbourhood, in close proximity to the Great Wolf Lodge, and having relatively direct access to the arterial road system via Leader Lane; - The residential character of the property will be maintained as no changes are proposed to the property and existing dwelling; - A cottage rental dwelling rented to a single group of travellers should not generate any more traffic than a typical detached dwelling; and The intensity of the use should be no different than any other detached dwelling and the use should be compatible with surrounding residences provided the number of bedrooms is limited to three (3), occupancy is limited to six (6) persons and the dwelling is only rented to a single group of travellers at a time. Cottage rental dwellings are a relatively new form of tourist accommodation in the City. A modest number of cottage rental dwellings in a neighbourhood do not appear to adversely affect its character. However, a concentration of cottage rental dwellings in a neighbourhood with no permanent residents would likely change the the Ontario Building Code limits the occupancy of bedrooms to two (2) persons. To assist in regulating the use of the cottage rental dwelling, the amending by -law should include a regulation limiting occupancy to a maximum of six (6) persons. The recommended limits should assist in ensuring the cottage rental dwelling is small scale such that the land use is compatible with the surrounding residences. 3. Licensing and By -law Enforcement Staff has received complaints about noise and inquiries regarding the permitted uses for the property, prompting the rezoning application. If the rezoning is approved, the applicant will be required to obtain a municipal business license to operate the cottage rental dwelling. The applicant, and the guests, will be expected to abide by all city by -laws, most notably the Noise By -law. By -law services staff will take normal action upon receipt of a complaint if there is non - compliance of any by- law. December 12, 2011 - 4 - PD- 2011 -88 character of a neighbourhood. The subject property is located in the Glenview Neighbourhood. Currently there are only two approved cottage rental dwellings in the neighbourhood. These are located on Ferguson Street near River Road. Three cottage rental dwellings are not expected to adversely impact the residential character of the neighbourhood. 2. Zoning By -law The R2 zone only permits single detached, semi - detached and duplex dwellings on appropriately sized parcels. The requested site specific zone change is to add a cottage rental dwelling, with four (4) bedrooms, to the list of uses permitted on the property. The applicant has requested site specific modifications to the R2 regulations to recognize the size of the parcel and the location of the dwelling on the lot. These include a reduction to the minimum lot area requirement (from 370 square metres to 357 square metres), a reduction to the minimum front yard depth (from 6 metres to 3.4 metres) and a reduction to the minimum exterior (northerly) side yard width (from 4.5 metres to 3.5 metres). The request recognizes the existing situation. The request to allow a portions of the dwelling to be located in the cellar is no longer necessary for zoning because Council recently approved a general amendment to By -law No. 79 -200 to allow this (AM- 20011 -007). The dwelling has four (4) bedrooms, one on the first floor, two on the second floor and one in the cellar. The use of the dwelling as a cottage rental dwelling should be limited to a maximum of three (3) bedrooms and six (6) occupants for the following reasons: - The subject property is undersized and its occupancy with larger groups has resulted in complaints from the neighbours. The bedroom in the cellar does not satisfy the requirements of the Ontario Building Code. The City's licensing by -law does not allow guest rooms in the basement or cellar area. December 12, 2011 CITY'S STRATEGIC COMMITMENT The proposal is supported by the City's Official Plan in terms of locating small scale tourist accommodations in residential areas where compatible. LIST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan Recommended By: Respectfully Submitted: A.Bryce Attach. - 5 - PD- 2011 -88 f�C 1 (, - A S: \PDR\2011 \PD- 2011 -88, AM- 2011 -012, 4080 Hickson Avenue,Adams.wpd Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer December 12, 2011 Subject Land LOCATION MAP Location: 4080 Hicksor Avenue Applicant: Michael and Kristine Adams SCHEDULE 1 LEADER tN -6- PD-2011-88 Amending the Zoning By-law No. 79-200 LEADER Lf4 7.1 1588 October 2011 AM-2011-012 December 12, 2011 Y 0 u 0 v E LEADER LANE BRICK PAVER DRIVEWAY 3.40 • 3.52 4 no J - 7 - PD- 2011 -88 SCHEDULE 2 7.20 a r 3 23.47 . x 2.3 .r7 F6 " r e s i d e n t i a l - H- 0 0 (11/8/2811) Andrew Bryce - AM -2 ©11 -012 _ nei9hbourhood objection 4080 Hickson From: Veronica <v3ronica @bell.net> To: Alex Herlovitch <aherlovitch @niagarafalls.ca> Date: 11/8/2011 3:06 PM Subject: AM- 2011 -012 neighbourhood objection 4080 Hickson CC: Andrew Bryce <abryce @niagarafalls.ca >, Franco Piscitelli <FPiscitelli @ni... Alex Herlovitch Director of Planning & Development, City Hall 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Re: Zoning By -law Amendment Application City File: AM- 2011 -012 4080 Hickson Avenue (Roll No. 2725 - 010 - 006 - 18500) Tuesday November 8th, 2011 Attn Mr. Herlovitch: Please regard the following as a strong objection to the proposed zoning by -law amendment to the R2 residential property of 4080 Hickson Avenue, Niagara Falls to be amended to a cottage rental dwelling. For the past five years Michael and Kristine Adams have been operating without such zoning amendment and have only applied recently due to overwhelming neighbourhood complaint. I am the sole next -door neighbour to this property and seek the assistance of City Hall to prevent the "host -less bed and breakfast" from happening. I question how the Adams plan to supervise and control the behaviours of their clients. This has been lacking since they have taken control of the property. Urinating between the houses, the property littered with beer bottles, excessive noise from partying, music, swearing, all coming from large numbers of people who are only passing through, who have paid a lot of money, and have no respect for the neighbourhood. I also question how subsequent noise complaints will be dealt with, since the current system is insufficient. Only one complaint has been officially documented. Incident 48101 issued by Officer Smits from Niagara Regional is a result of a female client from Oklahoma spending the night at the station; the police were called after she had been drunkenly cursing tier husband at the top of her lungs for two hours in the backyard. A ticket was issued because apparently she had given the police a hard time. According to the Staff Sergeant, noise complaint tickets can only be issued to the homeowner; therefore, despite the numerous calls I have made to the police, no record of distress has been documented since the owners are not present at the time of the calls. I question the maximum number of vehicles it would take to transport a single family to a cottage dwelling. Upon numerous occasion, the street can be filled with cars, five, six, taking up the end of the street. One time a Pacific Western tour bus unloaded over twenty people. The maximum number of cars I have seen is eleven. Is there a limit to how many people can stay in a cottage dwelling? If so, Michael Adams has not enforced any restrictions. e+artning F,1. r air 0 7 J1� RECEWED NOV 0 8 2011 PLANNING & DEVELOPMENT n 408 Hickson w B ce - AM - 2011 -012 • ne hbourh objection 0 ck � " � `� Page 2 , (11/8/2{}11) Andre , ry_ -.._., A verbal agreement was made to me by Michael Adams about four years ago promising me that he would only allow quiet, mature, responsible families rent the home. Since then he has shown that he is either a failure or a liar. I do not wish for the activities to continue in the manner they have been going and will take my objections further should City Hall support this zoning amendment. Please note I also speak on behalf of my neighbours Dina Corradi, Robert Forshaw and Victor Elms. If this is insufficient, please advise if their presence is necessary at the public meeting to officially object to the proposed amendment. Sincerely Veronica Veal 4090 Hickson Avenue Niagara Falls, Ontario, L2E 3K2 (905) 353 -9289 (11/23/2011) Andrew Bryce - Rezoning 4080 Hickson Avenue From: To: Date: Subject: CC: Victor Elms <victorkeithelms@hotmail.com> <v3ronica @bell.net> 11/15/2011 11:05 AM Rezoning 4080 Hickson Avenue <aherlovitch @niagarafalis.ca >, <abryce @niagarafalls.ca> Hi Veronica, 1 had planned to stay neutral in this matter but since my name has been included I'll clarify my thoughts on the matter. First of all, I can sympathize with you in that you are more affected by this than my tenants and I. There is a 50+ foot buffer from my building to Mr Adam's property. In comparison your house and Mr Adam's house are in immediate proximity to each other. An older survey shows that your properties were originally both facing Leader Lane. In years past, without the more stringent enforcement of the modern building code, the 3 structures on your properties were built on the property lines, without much consideration of future owner's needs for buffers. In the past 3 years there have been 5 -6 nights where I have heard weekend party noise from Mr Adam's house, sufficient that I have gotten out of bed to investigate. On each of those occasions I observed people talking loudly but in a non - violent manner There have been 3 -4 occasions where my tenants have mentioned the loud noise from the night before. There was 1 morning where I found a dozen or so plastic cups strewn on Leader Lane and I stacked these and placed them on Mr Adam's steps. Otherwise I find Mr. Adams maintains his property in immaculate condition and it is a real asset to the neighborhood. In the past I had a few issues with his patrons leaving their cars overnight on my parking lot but that seems to be resolved with the new parking signs I erected. During winter months I plow the section of Leader Lane between Hickson and my property, since the larger city trucks have problems navigating the grade change at the entrance to my property. On occasion his patrons leave their cars overnight on Leader Lane and can be in the way of plowing. However I find that to be a minor inconvenience. I find most of the traffic congestion at the corner of Leader /Hickson is caused by the 2 houses on the north west side of Hickson more so than Mr Adams' patrons, albeit on 1 or 2 occasions his patrons have contributed. In conclusion, although I have heard some party noise and encountered some minor parking issues from Mr Adam's tenants, I have not found those issues excessive. You are affected more by this than my tenants and I and I hope that you and Mr Adams can work out an arrangement that facilitates his continued investment in our neighborhood while meeting your needs for enjoying your home. As far as his request for rezoning is concerned, I neither encourage nor object. Victor Elms ilY3Y LEMLf GIVE pJlA6ArzA FOW gym- 20(IS01 , ft:trx?ce N OV 2 5 1 Uf Pi .. ,NI\I!:.iG & r t-=i_ Page 1 (11/29/2011) Dean lorfida - Skylon Tower New Years Eve permission request Page 1 From: Nancy Benedict < nbenedict @fxworxinc.com> To: Dean lorfida <diorfida @niagarafalls.ca> CC: Lee Carr <Icarr @skylon.com> Date: 11/25/2011 2:46 PM Subject: Skylon Tower New Years Eve permission request Hi Dean, I hope you had a terrific 2011 and I wish you all the best for the coming 2012! It's time for me put forward my request to City Council on behalf of FX WORX INC. for Council's approval to shoot fireworks off the Skylon Tower on New Years Eve. Thank you in advance for your time and attention. Please contact me if you require additional information. Warm Regards, Nancy Nancy Benedict President FX WORX INC. Tel: 905 - 304 -1348 Cel: 289 - 439 -PYRO (7976) nbenedict @fxworxinc.com The information in this e -mail is intended solely for the addressee(s) named, and is confidential. Any other distribution, disclosure or copying is strictly prohibited. If you have received this communication in error, please reply by e -mail to the sender and delete or destroy all copies of this message. Les renseignements contenus dans le present message electronique sont confidentiels et concernent exclusivement le(s) destinataire(s) esigne(s). II est strictement interdit de distribuer ou de copier ce message. Si vous avez regu ce message par erreur, veuillez repondre par courriel a I'expediteur et effacer ou detruire toutes les copies du present message.. Clerks Department Inter - Department Memorandum TO: Mayor James Diodati DATE: December 12, 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Tourist Exemption - Metro Grocery Store, 3770 Montrose Road Food Basics, 6770 McLeod Road 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. 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. Metro Ontario inc. has made applications for a tourist exemption for Metro and Food Basics to be open on Family Day and Food basics on Thanksgiving Day. Both establishments already have exemptions on other statutory holidays throughout the year. 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 requests. Working Together to Serve Our Community Niagara Region November 22, 2011 Mr. Dean lorfida, City Clerk City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905 - 685 -1571 Toll-free: 1- 800 - 263 -7215 Fax: 905- 685 -4977 www.regional.niagara.on.ca Re: Request for Comments on Application for Tourism Exemption for Holiday Openings — Metro Grocery Store, 3770 Montrose Road and Food Basics, 6770 McLeod Road South, Niagara Falls I am attaching two applications from Metro Ontario Inc. operating as Metro grocery store located at 3770 Montrose Road, Niagara Falls and Food Basics grocery store located at 6770 McLeod Road, Niagara Falls requesting tourism exemptions under the Retail Business Holidays Act to permit Metro grocery store to open on Family Day from 7:00 a.m. to 12:00 a.m.(midnight) and Food Basics to open on Family Day and Thanksgiving Day from 8:00 a.m. to 12:00 a.m.(midnight). These days are in addition to the exemptions already granted to Metro grocery store to open on Victoria Day, Canada Day, Labour Day and Thanksgiving Day and for Food Basics grocery store to open on Victoria Day, Canada Day and Labour Day. I would kindly request that you arrange to provide me with the comments from the City of Niagara Falls regarding these applications by December 13, 2011 for inclusion in the staff report for the public meeting to be held before the Region's Integrated Community Planning Committee on Wednesday, January 11, 2012 at 1 p.m. If you have any questions regarding this matter, please do not hesitate to me. Yours very truly Kevin B: in Regional Clerk �v✓ cc. Judy Howard, Director Legal Services, Metro Ontario Inc. Elizabeth Isajiw, Legal Counsel, Niagara Region Building Community. Building Lives. metro Judy Howard — Director, Legal Services — Tel. (416) 234 -6192 — Fax (416) 234 -6006 judv.howard(a�metro.ca RECEIVED !VA 0 y 2011 November 7, 2011 DELIVERED BY COURIER The Regional Municipality of Niagara 2201 St. David's Road Thorold, Ontario L2V 4T7 Attention: Regional Clerk Dear Sir or Madam: RE: Metro Ontario Inc.'s application for a tourism exemption for Metro grocery store located at 3770 Montrose Road, Niagara Falls ( "Metro Store ") and for Food Basics grocery store located at 6770 McLeod Road South, Niagara Falls ( "Food Basics ") Our File E -149 Please find enclosed: (1) An Application requesting a tourism exemption for the Metro Store to open on Family Day together with a proposed draft by -law and our cheque for $750.00 payable to The Regional Municipality of Niagara. Please note the tourism exemption we are currently requesting would be in addition to the exemption already granted to the Metro Store under By -Law No. 60 -2002 to open on Victoria Day, Canada Day, Labour Day and Thanksgiving. (2) An Application requesting a tourism exemption for Food Basics to open on Family Day and Thanksgiving together with a proposed draft by -law and our cheque for $750.00 payable to The Regional Municipality of Niagara. Please note the tourism exemption we are currently requesting would be in addition to the exemption already granted to Food Basics under By -Law No. 8990 -98 to open on Victoria Day, Canada Day and Labour Day. If there is any way the enclosed Applications can be processed and approved in time for Family Day 2012, we would be most appreciative. Should you have any questions, please do not hesitate to contact the undersigned, at the coordinates set out in the Applications. Thank you for your assistance with this matter. 1 Metro oroiario inc. r M91 1g, ,Niaata Region Clerk's Office Original to: Clair t:., L 3 '\ss, CI Cori:.: ' ... r.j iP _i ED fa oun:,i!! la �y I'll .. Health (. HR ? r^ccdic Works 0 File: - _ Initials: OW metro Yours very truly, Judith A. Howard, BA, JD Director, Legal Services cc: John Manax, Vice President, Discount Operations, West Peter Marlow, Vice-President, Conventional Operations, West Attach. F4letro Ontario !nc. TOIDE Cntar',o M9i3 1E1-9 Bill 6 715 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 0. 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 ox 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) 2 Name Telephone No of Applicant: 3 Applicant's Authorized Agent (to whom all correspondence will be sent): Mailing Address: Telephone No..: 4. Location of Retail Business Municipal Address Street Number, Municipality PART I - APPLICANT INFORMATION 1 Type of applicant (please check one): one or more persons carrying on retail 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 of Applicant: Metro bi tzkr D I nC • � � " Mailing Address of Applicant: 55541 0k „dAs S+Ctt4 West eto b► (oke OiAt itr i o_ M 9 a! gq__ _ 4(6 Fax No.: yi6 A+4 - t,4 O : Directo Le Seru %ces W /4 Fax No.: business in the Establishment food ;RS; cS X7• 'Act-toot Road 5_aj. - h_ ynrr. 'Fa i 0-(5 3 Cs 5. If you wish the exemption to apply to one or more classes of retail business establishments, please define and specify the classes: Groterl sore Bill 6 715 - 2 - Total N of s Ft all used public: y Total .. .. y ^ ^. normally ...�� for serving the y ^ ^:. i A nY Ma � , D00 Total No of Employees normally serving the public: VrOK;M AAA 2 ' 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? Ye5 If yes, describe the nature of tourist attraction: See 4 11 Stakedu to 2 Describe nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday See diiatcked 4 k 3.. Where the application involves a business 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, please outline the goods or services provided primarily to tourists.. See a l-acLed sckedwle 2 Bill 6715 This section relates only to applications to grant exemptions on an area basis. 4 a) In what local municipality is it located? Nis b) Describe subject area (in words): 10 (Please attach a map or sketch) c) How many businesses are included in this application? '- 0t_. d) Are all the retail business establishments in the described area within two kilometres of the tourist attraction? e) Does the area exceed that necessary to encompass all of the retail busi establishments for which an exemption is sought? fJ A If not, explain how it does not: f) How many of the businesses are directly associated with the tourist attraction or rely on tourists visiting the tourist attraction for business on a holiday? (Regu ations to the Act . require at least 25% of the businesses) Pi 4 g) If application is submitted by an association, describe briefly the purpose of the association, the area and type of businesses it. represents PART III GENERAL Indicate which holidays, and which specific times or specific number of hours you wish to be open on those holidays: zi ; 11 Day aA d - T ' Inz►nkS ^ 9, y:QOA.M. +0 l2: o oa.M. (14; gkt) Is request seasonal if nature, e g. summer months only? YES NO ✓ 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? seQ at'clied st ed.'le Bill. 6 71.5 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? 1 A Describe special event, duration and time of year t./ 14 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: ee fit- cLed Sckedu, 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? See tt+- Aeo‘ scked at - 4 - Bill 6 715 - 5 - EXECUTION BY APPLICANT 1, 1 a; t OkPiXra of the C ; f. A, of M r kLzi in the 1i�4!D L it.4 ;UOl of Yor ik the statements 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 before me at the (1 411 ) of Tyr aft+0 ) i n the ) C c7 J (• - York. of this 2011 ) day of ___ O ,0s A C: etc. I /We, Witness: Date: APPOINTMENT OF AUTHORIZED AGENT This fee will cover the following: do solemnly declare that all of �r+••li ant) / rf� T Ylov+ttrdJ Ofrec� ri�gal C9ruicec Tar Me +ro 0A ri0 lam• ✓ _____ hereby appoint of to act as my /our authorized agent in this application. Signed (Applicant) NOTES: 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 THE REGIONAL MUNICIPALITY OF NIAGARA - 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 or 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 PART II — TOURISM CRITERIA Schedule to Metro Ontario Inc.'s Application for Tourism Exemption Food Basics #674, 6770 McLeod Road South Niagara Falls, Ontario L2G 3G6 1. Describe the nature of the tourist attraction: Food Basics #674 (the "Store ") is located on McLeod Road, which is one of the main entrances tourists use to access Niagara Falls and the downtown core. Located at 6770 McLeod Road South, it is very close to a number of significant tourist attractions including: (1) Casino Niagara; (ii) Niagara Falls; (iii) Scotia Bank Convention Centre; (iv) Border crossing; and (v) Skylon Tower. In addition, the Store is near the Bruce Trial, local wineries and natural park areas, all of which are popular tourist attractions. 2. Describe the nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday. Tourists, particularly those visiting the attractions listed above, account for a considerable amount of the sales at the Store. The Store relies heavily on this business. In order to better serve tourists, the Store offers unique and specific products targeted at this important segment of the market, as described below. 3. Where the application involves a business 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, please outline the goods or services provided primarily to tourists. The Store offers a wide assortment of food and non -food products that are popular among tourists including, but not limited to: (i) prepared foods; (ii) snacks; (iii) coolers; (iv) assortment of beverages; (v) hardware and cookware; (vi) first aid equipment; (vii) over the counter medication; (viii) cosmetics; (ix) picnic merchandise such as plastic plates, knives, forks; (x) fire logs; (xi) propane tanks; (xii) sunscreen; (xiii) insect repellent sprays; and (xiv) umbrellas. PART 111 — GENERAL 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? Most, if not all, of the tourist attractions noted above are popular among tourists in the months of February and October. For example, the TD Rink at the Brink, located next to the Falls, is a huge tourist draw on Family Day. Similarly, the Scotia Bank Convention Centre hosts concerts and other entertainment events on the Thanksgiving weekend. 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: If granted, the Store would be better able to satisfy the demand tourists have for our food and non food products and help improve the tourism experience in Niagara. The unfortunate reality is that if the Store is not open, tourists will likely take their business to the United States where all stores are open on the third Monday of February (i.e. Family Day) or the Canadian Thanksgiving holiday. 6. What justification is there for the opening of the retail business establishment(s) on holidays in Tight of the principle, stated in the Retail Business Holidays Act, that holidays should be maintained as common pause clays? The Store currently has an exemption to open on Victoria Day, Canada Day and Labour Day. By submitting this application, we are seeking to add only two additional holidays — Family Day and Thanksgiving — out of the five other holidays listed under the Retail Business Holidays Act, notwithstanding that a direct competitor in Niagara Falls was recently granted exemptions for seven holidays including Family Day and Thanksgiving. We feel our request strikes a fair balance between the notion that holidays should be maintained as common pause days and the fact that tourism is one of the hallmarks of Niagara and a huge driver of its economy. The local economy stands to benefit even further by the fact that Store employees, who have already expressed a willingness to work on Family Day and Thanksgiving, would be paid time and a half as per the applicable collective bargaining agreement. THE REGIONAL MUNICIPALITY OF NIAGARA REGION BY -LAW NO. A BY -LAW TO PERMIT FOOD BASICS GROCERY STORE AT 6770 MCLEOD ROAD, CITY OF NIAGARA FALLS TO BE OPEN ON CERTAIN HOLIDAYS FOR THE MAINTENANCE OR DEVELOPMENT OF TOURISM WHEREAS pursuant to section 4(1) of the Retail Business Holidays Act, R.S.O. 1990, Chapter R.30, as amended, the Council of the Regional Municipality of Niagara may by by -law permit retail business establishments in the Region to be open on holidays for the maintenance or development of tourism; and WHEREAS Regional Council has taken into account the principle that holidays should be maintained as common pause days; and WHEREAS there is compliance with the tourism criteria set out in the regulations made under section 4 of the Retail Business Holidays Act; and WHEREAS application has been made by certain persons carrying on retail business in the Region; and WHEREAS Regional Council has considered the written material submitted in support of the application; and WHEREAS Regional Council has held a public meeting in respect of this by -law; and WHEREAS Regional Council has published notice of the public meeting in a newspaper having general circulation in the Municipality at least thirty (30) days before the meeting was held; and WHEREAS the named retail business establishment which is the subject of this by -law is located within two (2) kilometres of a tourist attraction or relies on tourists visiting the attraction for business on a holiday; THEREFORE the Council of the Regional Municipality of Niagara enacts as follows: 1. In addition to the existing exemption under By -Law No. 8990 -98 to open on Victoria Day, Canada Day and Labour Day , the following retail business establishment in the City of Niagara Falls may open on Family Day and Thanksgiving from 8:00 a.m. to 12:00 a.m. (midnight): Food Basics grocery store, 6770 McLeod Road, Niagara Falls 2. This by -law shall come into force and take effect, subject to an appeal under section 4.3 of the Retail Business Holidays Act, on the thirty -first day after it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA Per: Per: Passed: Bill 6 715 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 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) 1 Type 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: Met" l7/tt L 9 C1 nc Mailing Address of Applicant: 55 pun4a5 3�Ca_I L WR5t b: cote, o4 r o. MA& i g'1 Telephone No of Applicant: 3. Applicant's Authorized Agent (to whom all correspondence will be sent): Mailing Address: 5. If you wish the exemption business establishments, PART I - APPLICANT INFORMATION Telephone No..: 4. Location of Retail Business Establishment Municipal Address Grocery 5-fofe aid 16 - 614 2 Fax No.: L OG - 1317_ 4 9°G A+ke0{- %ovi : O■redof, Le Services pharmacy F}x No.: ° 9 r1)c 1:4... `-bre Street Number, Municipality 3.7.E O M o„ oak_ N ara F Ati S,p,,for L2H 3 k3 to apply to one or more classes of retail please define and specify the classes: Bill 6715 - 2 - Total No of Sq. it notmaiiy used for serving the public: 71DALDX1 1j I 1O•n 1 y ' Total No of Employees normally serving the public: g ocim .' -Gtr{ S 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: fee al+acLej Sckedul 2 Describe nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday See a.- -"acI Se -Ledo le 3 Where the application involves a business 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, please outline the goods or services provided primarily to tourists.. see 44+V C tlect, S . Bill 6715 4 a) This section relates only to applications to grant exemptions on an area basis. In what local municipality is it located? 'v !`L__ b) Describe subject area (in words): Ali A (Please attach a map or sketch) c) How many businesses are included in this application? N __ d) d) Are all the retail business establishments in the described area within two kilometres of the tourist attraction? e) Does the area exceed that necessary to encompass all of the retail busi e s establishments for which an exemption is sought? If not, explain how it does not: N/4 f) How many of the businesses are dir6ctly associated with the tourist attraction or rely on tourists visiting the tourist attraction for business on a holiday? (Regul tions to the Act require at least 25% of the businesses) N g) If application is submitted by an association, describe briefly the purpose of the association, the area and type of businesses it represents See S 44‘Q, 2 Is request seasonal ir)/nature, e g. summer months only? YES NO ,/ 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? NbA PART III GENERAL Indicate which holidays, and which specific times or specific number of hours you wish to be open on those holidays: FaM► l3 Da ii - 7: ODa•M -Iv I Z: c70a (AAIdv'lkt) Bill. 6 71.5 - 4 - 4 Is request related to a special event? Yes No V (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? Describe special event, duration and time of year N/ei 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: See A -AcL e.c 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? See fittckedSaLeet„1_ Bi l.1 6 715 , Sud; +k 14ow M M A ommiss' er, etc I /We, of application Witness: Date: EXECUTION BY APPLICANT of the C1411___ of DAAJ Munic■ All4 in the of Yo k do solemnly declare that all of the statements 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 before me at the _ ) ) ik1/\\\ of Tor 'fU TT ) in the ) i'r_k__ 5"4 ) A.pl cant) vg -C • of this �� _ ) J ,'t'ti+ +I DWa�d, D��ec +dr, �g�) 5 v o r day of - -- c -Al)" Neir:, On'fttf i 0 lnC • APPOINTMENT OF AUTHORIZED AGENT hereby appoint to act as my /our authorized agent in this Signed (Applicant) NOTES: 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: THE 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 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 or 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 Schedule to Metro Ontario Inc_'s Application for Tourism Exemption Metro #128, 3770 Montrose Road Niagara Falls, Ontario L2H 31(3 PART II — TOURISM CRITERIA 1. Describe the nature of the tourist attraction: There are many tourist attractions located in close proximity to Metro Store #128 at 3770 Montrose Road, Niagara Falls (the "Store ") including: (i) Canada One Factory Outlet Mali, located at 7500 Lundy's Lane, has over 40 retail stores and is open Family Day and every other day of the year except Christmas Day; (ii) Mount Carmel Park on Southwood Drive, which has an outdoor skating rink and is open year round; (iii) Firemen's Park is a 135 acre natural park which offers the following draws to tourists: trails for hiking and cross - country skiing, fishing and concerts. It is located on the Niagara Escarpment (Dorchester Road and Mountain Road); (iv) Bruce Trail; and (v) Local wineries. In addition, the Store is also located approximately 7 kilometers from Casino Niagara, Niagara Falls, the border crossing and the plethora of other tourist attractions situated in or near the downtown core. 2. Describe the nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday. Tourists, particularly those visiting the attractions listed above, account for a considerable amount of the sales at the Store. The Store relies heavily on this business. In order to better serve tourists, the Store offers unique and specific products targeted at this important segment of the market, as described below. 3. Where the application involves a business 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, please outline the goods or services provided primarily to tourists. The Store offers a wide assortment of food and non -food products that are popular among tourists including, but not limited to: (i) prepared foods; (ii) snacks; (iii) coolers; (iv) disposable cameras; (v) assortment of beverages; (vi) hardware and cookware; (vii) first aid equipment; (viii) emergency drugs, pain and allergy medication; (ix) cosmetics; (x) condoms and birth control contraceptives; (xi) flashlights; (xii) wind - breakers; (xiii) picnic merchandise such as plastic plates, knives, forks; (xiv) fire logs; (xv) propane tanks; (xvi) sunscreen; (xvii) insect repellent sprays; and (xviii) umbrellas. PART III — GENERAL 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? Most, if not all, of the nearby tourist attractions are popular among tourists in the month of February. For example, tourists visit Mount Carmel Park and Firemen's Park for cross country skiing, skating and snowmobiling among other winter activities. Wineries, Canada One Factory Outlet Mali, and Casino Niagara are also popular destinations for tourists in February. 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: If granted, the Store would be better able to satisfy the demand tourists have for our food and non food products and help improve the tourism experience in Niagara. The unfortunate reality is that if the Store is not open, tourists will likely take their business to the United States where all stores are open on the third Monday of February (i.e. Family Day). 6. What justification is there for the opening of the retail business establishment(s) on holidays in Tight of the principle, stated in the Retail Business Holidays Act, that holidays should be maintained as common pause days? The Store currently has an exemption to open on Victoria Day, Canada Day, Labour Day and Thanksgiving. By submitting this application, we are seeking to add only one additional holiday — Family Day — out of the five other holidays listed under the Retail Business Holidays Act, notwithstanding that a direct competitor located down the street from the Store was recently granted exemptions for seven holidays including Family Day. We feel our request strikes a fair balance between the notion that holidays should be maintained as common pause days and the fact that tourism is one of the hallmarks of Niagara and a huge driver of its economy. The local economy stands to benefit even further by the fact that Store employees, who have already expressed a willingness to work on Family Day, would be paid time and a half as per the applicable collective bargaining agreement. BY -LAW NO. THE REGIONAL MUNICIPALITY OF NIAGARA REGION A BY -LAW TO PERMIT METRO GROCERY STORE AT 3770 MONTROSE ROAD, CITY OF NIAGARA FALLS TO BE OPEN ON CERTAIN HOLIDAYS FOR THE MAINTENANCE OR DEVELOPMENT OF TOURISM WHEREAS pursuant to section 4(1) of the Retail Business Holidays Act, R.S.O. 1990, Chapter R.30, as amended, the Council of the Regional Municipality of Niagara may by by -law permit retail business establishments in the Region to be open on holidays for the maintenance or development of tourism; and WHEREAS Regional Council has taken into account the principle that holidays should be maintained as common pause days; and WHEREAS there is compliance with the tourism criteria set out in the regulations made under section 4 of the Retail Business Holidays Act; and WHEREAS application has been made by certain persons carrying on retail business in the Region; and WHEREAS Regional Council has considered the written material submitted in support of the application; and WHEREAS Regional Council has held a public meeting in respect of this by -law; and WHEREAS Regional Council has published notice of the public meeting in a newspaper having general circulation in the Municipality at least thirty (30) days before the meeting was held; and WHEREAS the named retail business establishment which is the subject of this by -law is located within two (2) kilometres of a tourist attraction or relies on tourists visiting the attraction for business on a holiday; THEREFORE the Council of the Regional Municipality of Niagara enacts as follows: 1. In addition to the existing exemption under By -Law No. 60 -2002 to open on Victoria Day, Canada Day, Labour Day and Thanksgiving, the following retail business establishment in the City of Niagara Falls may open on Family Day from 7 :00 a.m. to 12:00 a.m. (midnight): Metro grocery store, 3770 Montrose Road, Niagara Falls 2. This by -law shall come into force and take effect, subject to an appeal under section 4.3 of the Retail Business Holidays Act, on the thirty -first day after it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA Per: Per: Passed: 73 m 0 7J -I Niagarapalls December 12, 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 -17 2012 Council Schedule, Report #2 RECOMMENDATION That Council approve a preferred 2012 Council Schedule.(Tuesday Schedule, Version 2) EXECUTIVE SUMMARY A Tuesday Council schedule is possible but due to competing meetings of other municipalities that Cogeco covers, there would be some large gaps within the schedule, especially during the month of August. Three proposed schedules are offered for Council's consideration. The approved schedule will be attached to the amending by -law on Council's agenda this evening. BACKGROUND Rule 2 of the Standing Rules of Council (By -law 89 -155) state that " ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by -law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. CD- 2011 -16 was presented at the last Council meeting with the traditional Monday night schedule. Council passed a motion to defer consideration of the report for staff to come back with a possible Tuesday schedule. It should be noted that a Council questionnaire at the beginning of the Council term indicated that the majority of Council members preferred Monday Council meetings. ANALYSIS /RATIONALE CD- 2011 -17 The determination of the proposed Council schedule is a balancing act of competing interests and priorities. Accommodating a Tuesday schedule needs to be balanced with the Cogeco schedule, if Council wishes all of their meetings to be televised live. Cogeco staff advised that Niagara Falls Council could go on Tuesdays if we avoid dates when Welland and Thorold Councils are broadcasting. A Council schedule of 22 (twenty -two) meetings is possible but only if meetings are scheduled after two holiday weekends (Easter and Thanksgiving) and during March Break. There would be 19 meetings if no meetings were scheduled after holiday weekends and during March break but the result would be only one meeting in March and April respectively. Traditionally, Council has more meetings in the first half of the year, especially in light of the budget process. The need to get the budget approved in a timely fashion is another reason why a tri- weekly schedule has not December 12, 2011 LIST OF ATTACHMENTS - 2 - CD- 2011 -17 been contemplated and there are some back to back meetings. Due to AMO and competing meetings in Thorold and Welland, there would be no Council meeting in August and seven weeks between meetings in July and September. CD- 2011 -16 Proposed 2012 Council Schedule - Monday Schedule Proposed 2012 Council Schedule - Tuesday Schedule Proposed 2012 Council Schedule - Tuesday Schedule, without meetings after holiday Mondays. Recommended by: Respectfully submitted: DI Dean Iorfida, C Clerk g- 1 K Todd, Chief Administrative Officer N i a g a ra) a REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -16 2012 Council Schedule (THIS MATTER DEFERRED BY COUNCIL RECOMMENDATION That Council approve the 2012 Council Schedule. EXECUTIVE SUMMARY A proposed 2012 Council schedule is submitted for Council's consideration. BACKGROUND CD-2011-16 November 28, 2011 Rule 2 of the Standing Rules of Council (By -law 89 -155) state that " ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by -law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. ANALYSIS /RATIONALE Some comments regarding the schedule: ✓ The schedule is roughly bi- weekly, although at the beginning of the calendar year there are some back -to -back (i.e., weekly meetings). The rationale for the couple of instances of back to back meetings is to allow ample time for budget discussions and to approve the budget in a timely fashion. ✓ The direction of Council from 2011 to conduct the majority of Council business at the Council meeting, and not in the Committee of the Whole setting, will continue in 2012. Committee of the Whole will only be scheduled if there is a particularly heavy Council agenda or there are some technical, consultant presentations that may take more than the normal allotted time for Council deputations (10 minutes). ✓ As always, special meetings may be called, if warranted, or meetings could be cancelled, especially in the summer months, if there is not any pressing business at hand. ✓ The Council start time will remain at 6:30, as introduced in 2011. ✓ The by -law amending the Standing Rules of Council by -law will come forward at the next Council meeting . ✓ Members of the public should be referred to the Council section of the City's website for the up to date Council meeting schedule: ht-tp://www.niagarafalls.ca/city-hall/council/schedule.aspx Recommended by: Respectfully submitted: DI November 28, 2011 LIST OF ATTACHMENTS Proposed 2012 Council Schedule - 2 - Dean lo ida, City CI rk CD- 2011 -16 Ken Todd, Chief Administrative Officer Year 2012 Calendar — Canada time ' -date P i 6wdC c)itt d v i t e / -'ear a t a, G (j e_ . Calendar for year 2012 (Canada) January February Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa' 1 2 3 4 5 6 7 1 2 3 4 6 9 10 11 12 13 14 i 5 6 7 8 9 10 11 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 '1 20 21 22 23 24 25 29 30 31 28 27 28 29 . 1: '' 9:''0' 16:') 23:130:C' T. r) 144211 29:C April May Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr • 2 3 4 5 7 1 2 3 4 10 11 12 13 14 2 7 8 9 10 11 •5 17 18 19 20 21 14 15 16 1718 23 24 25 26 27 28 _ 2 ' 22 23 24 25 28 29 30 31 13:O 21:1294 5: 12:) 20:128:0 July Su Mo Tu We Th Fr Sa Su =. 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 23 24 25 26 27 28 30 31 Jan 6 Feb 2 Feb 14 Feb 20 Mar 12 Mar 17 Apr 8 Apr 9 Jun 21 Gr:._rdheg Da; is :e t:r,e s' Day =a f,, Day ,-1,o ,3N Co "" ea itn? Day JC. oa'.noi<s Day roc . - ^day aster'` dge Da a Day . vies± regions; \43 3nai nborigina', Day httn: / /www.timeanddate.com /calendar /:'year =2012 August Mo Tu We Th Fr Sa 1 2 3 4 6 7 8 9 10 11 13 14 15 16 17 18 20 21 22 23 24 25 27 28 29 30 31 3:0 10:') 19:126:0 1:' 9 ±) 17:1 24:C: 31:0 October November Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 9 10 11 12 13 5 6 7 8 9 10 1,5_ 16 17 18 19 20 11 12 13 14 15 16 17 22 23 24 25 26 27 r 19 20 21 22 23 24 29 30 31 _ 26 27 28 29 30 Dec 24 Dec 25 Dec 25 Dec 31 Search:I June Sa Tu We Th Fr Sa 5 1 2 12 4 5 6 7 8 9 19 11 12 13 14 15 16 26 18 19 20 21 22 23 25 26 27 28 29 30 4:'.J 11:4 19:126:C Su Mo 3 4 5 6 7 8 2 10 11 12 13 14 15 17 18 19 20 21 22 24 27 28 29 31 8:4 15:1 21:4'29:0 6:4 131204 6:4 1310 20:0'28:') Holidays and Observances: Canada Day ada Day 3.a;;,:i0ory ncili;ay Aug 6 icier. cia Day 'Manv g. n.si Sec 3 Labour Day -'i" Thanksgiving Da•e A ' Oct 31 Halloween Nov 11 Remembrance Day Most regions; Nov 12 Remembrance Day observed :Mar egfons' Dec 11 Anri " the Statute of l' ;estminster Dnr `yie rs`mas Box Day (110st regions) New ',.ear's E e 8:4 15:122:0 29:'x Cooyngnt © Time and Date AS 1995 -2011. All rights reserved March Su Mo Tu We Th Fr Sal 1 2 3 I i 6 7 8 9 10 3 12 13 14 15 16 171 : 19 20 21 22 23 24 25 26 27 28 29 30 31' 8: J 14:4 22130:0 September Su Mo Tu We Th Fr Sa 1 4 5 6 7 8 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 December Su Mo Tu We Th Fr Sa Page 1 of 1 Register I Log in I Customize 12/5/2011 January 2012 Sunday Monday Tuesday Wednesday 1 2 3 4 8 15 9 10 11 12 13 14 16 O (6:30 PM - 10:00 PM) Council Meeting 17 5 29 30 31 O (6:30 PM - 10:00 PM) Council Meeting Thursday Friday Saturday 6 7 18 19 20 21 22 23 24 25 26 27 28 ® (6:30 PM - 10:00 PM) Council Meeting Schedule Council 1 12/5/2011 - 10:27 AM 5 Sunday 12 13 O (6:30 PM - 10:00 PM) Council Meeting 14 26 27 28 O(6:30PM- 10:00PM) Council Meeting Schedule Council February 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 6 7 8 9 10 11 15 29 16 3 4 17 18 19 20 21 22 23 24 25 0 (8:30 AM - 4:30 PM) Family Day 12/5/2011 - 1028 AM 4 11 18 Sunday March 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 5 O(6:30PM- 10:00PM) Council Meeting 6 7 8 9 10 12 13 14 15 16 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) March Break March Break March Break March Break March Break 17 19 20 21 22 23 24 25 26 27 28 29 30 31 0 (6:30 PM - 10:00 PM) Council Meeting Schedule Council 1 12/5/2011 - 10:28 AM April 2012 Sunday Monday Tuesday Wednesday 1 2 3 4 8 15 29 30 O (6:30 PM - 10:00 PM) Council Meeting Schedule Council 5 Thursday Friday Saturday 6 7 ® (8:30 AM - 4:30 PM) Good Friday 9 10 11 12 13 14 O (8:30 AM - 4:30 PM) Easter Monday 16 17 18 19 20 21 O (6:30 PM - 10:00 PM) Council Meeting 22 23 24 25 26 27 28 12/5/2011 - 10:29 AM Sunday 6 7 8 9 10 11 12 13 14 15 16 17 18 19 O (6:30 PM - 10:00 PM) Council Meeting 20 21 ® (8:30 AM - 4:30 PM) Victoria Day May 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 22 23 24 25 26 27 28 29 30 31 O (6:30 PM - 10:00 PM) Council Meeting Schedule Council 1 12/5/2011 - 10.29 AM Schedule Council Sunday 3 4 © (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) FCM Conference FCM Conference June 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) FCM Conference FCM Conference 5 6 7 8 9 10 11 12 13 14 15 16 0 (6:30 PM - 10:00 PM) Council Meeting 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0 (6:30 PM - 10:00 PM) Council Meeting 12/5/2011 - 10:30 AM July 2012 Sunday Monday Tuesday Wednesday 1 2 3 4 8 15 5 Thursday Friday Saturday 6 7 9 10 11 12 13 14 16 17 18 19 20 21 O(6:30PM- 10:00PM) Council Meeting 22 23 24 25 26 27 28 29 30 31 Schedule Council 1 12/5/2011 - 10:31 AM 5 Schedule Council Sunday August 2012 Monday Tuesday Wednesday Thursday 6 7 8 9 10 11 ® (8:30 AM - 4:30 PM) Civic Holiday 12 13 14 15 16 17 18 O (6:30 PM - 10:00 PM) Council Meeting 19 20 21 22 O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) AMO AMO AMO 26 27 28 29 30 31 2 Friday Saturday 3 4 23 24 25 12/5/2011 - 10:31 AM 2 9 30 Schedule Council Sunday September 2012 Monday Tuesday Wednesday Thursday Friday 1 3 4 5 6 7 8 O (8:30 AM - 4:30 PM) Labour Day 10 11 12 13 14 15 O (6:30 PM - 10:00 PM) Council Meeting 16 17 18 19 20 21 22 23 24 25 ®(6:30PM- 10:00PM) Council Meeting 26 27 28 29 Saturday 12/5/2011 - 10'.31 AM 7 21 Schedule Council Sunday 1 October 2012 Monday Tuesday Wednesday 2 3 4 Thursday Friday Saturday 5 6 8 9 10 11 12 13 O (8:30 AM - 4:30 PM) Thanksgiving Day 14 15 16 17 18 19 20 O (6:30 PM - 10:00 PM) Council Meeting 22 23 24 25 26 27 28 29 30 31 O (6:30 PM - 10:00 PM) Council Meeting 12/5/2011 - 10'.32 AM 4 11 18 Sunday November 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 5 6 7 8 9 10 12 13 14 15 16 17 O (6:30 PM - 10:00 PM) Council Meeting 19 20 21 22 23 24 25 26 27 ® (6:30 PM - 10:00 PM) Council Meeting 28 29 30 Schedule Council 1 12/5/2011 - 10:32 AM 2 9 Sunday 30 31 Schedule Council December 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 3 4 5 6 7 8 10 11 12 13 14 15 O (6:30 PM - 10:00 PM) Council Meeting 16 17 18 19 20 21 22 23 24 25 26 27 28 29 12/5/2011 - 10 33 AM Year 2012 Calendar — Canada time , . date. Jan 6 Feb 2 Feb 14 Feb 20 Mar 12 Mar 17 I aesci Sckecdwlc Vef mo �- Calendar for year 2012 (Canada) February March January Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa ! Su Mo Tu We Th Fr Sa' 2 3 4 5 6 7 '' 1 2 3 4 1 2 3 9 10 11 12 13 14 5 6 7 8 9 10 11 ! 4 5 6 7 8 9 10 16 17 18 19 20 21 1 13 14 15 16 17 18 12 a 14 15 16 17 23 24 25 26 27 28 20 21 22 23 24 25 2iv 30 11 = 27 28 29 1.419:L 7:01451211029:4 A,prii May Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 2 3 4 5` 7 1 2 3 4 5 10 11 12 13 14 7 8 9 10 11 12 5 16 17 18 19 20 21 14 15 16 17 18 19 23 24 25 26 27 28 _ 2 22 23 24 25 26 - 30 28 22 30 31 6.'1 a:1 July August Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 3 4 5 6 7 1 2 3 4 9 10 11 12 13 14 7 8 9 10 11 16 17 18 19 20 21 13 14 15 16 17 18 23 24 25 26 27 28 = 20 21 22 23 24 25 30 31 27 28 29 30 31 3: 10:4 19:026:4 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 29 30 31 84150214 , a i a ._. e s Day Docci 3 cK' Apr 8 Apr 9 Riage .2 a -8/ Jun 21 NN,a,_ •ai _ _r :gna Day hun://www.timeanddate.comicalendar/?vear=201 17:0 24:4' 31: _' November ber Su Mo Tu We Th Fr Sa 1 2 3 5 6 7 8 9 10 1 2 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 64)13:0204'28:'1 Search:) Holidays and Observances: 19 20 21 22 23 24' 2 6 26 28 28 29 30 31 8:014:422:0 30:(7 June Su Mo Tu We Th Fr Sa 1 2 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 23 -. 25 28 27 28 29 3) m) 19:0 26:4' September Su Mo Tu We Th Fr Sa 1 4 5 6 7 8 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 8:') 15:022:(7 December Su Mo Tu We Th Fr Sa 1 3 4 5 6 7 8 10 11 12 13 14 15 17 18 19 20 21 22 _1 24 27 28 29 :: 31 6:4)13:020:4'28:07 na; a y ay Aug 6 /Pcm, cio a. ' Mar; gi r s Sec. = abour _ Thanksgiving Oct 31 Haiio Nov 11 Remembrance 1a i 3losi egicr.s. Nov 12 e per -.hr Da? observed ,3,1,:^, Cris' Dec 11 .-Inirii,ersacj he Statute ci /,esrMiPs.er Dec 24 Christmas 3 , Christmas Boxing Day Most i Dec 31 Nei jeans '= 1ccc,rgr: © Time and Date AS 1995 -2011. All rights reserved. Page 1 of 1 Register I Log in I Customize 12/5/2011 January 2012 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 15 Schedule Council 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 0 (6:30 PM - 10:00 PM) Council Meeting 29 30 31 O(6:30PM- 10:00PM) Council Meeting 26 27 28 12/5/2011 - 10'.56 AM 5 19 Schedule Council Sunday February 2012 Monday Tuesday Wednesday Thursday 12 13 14 ® (6:30 PM - 10:00 PM) Council Meeting 15 26 27 28 29 O (6:30 PM - 10:00 PM) Council Meeting 2 Friday Saturday 3 4 6 7 8 9 10 11 16 17 18 20 21 22 23 24 25 0 (8:30 AM - 4:30 PM) Family Day 12/5/2011 - 10 :56 AM 11 18 Sunday March 2012 Monday Tuesday Wednesday Thursday Friday Saturday 5 6 7 8 9 10 12 13 14 15 16 17 O (8:30 AM - 4:30 PM) March Break O (8:30 AM - 4:30 PM) March Break ® (6:30 PM - 10:00 PM) Council Meeting 25 26 27 28 ® (6:30 PM - 10:00 PM) Council Meeting O (8:30 AM - 4:30 PM) March Break 1 O (8:30 AM - 4:30 PM) March Break 2 3 O (8:30 AM - 4:30 PM) March Break 19 20 21 22 23 24 29 30 31 Schedule Council 1 12/5/2011 - 10 '.57 AM April 2012 Sunday Monday Tuesday Wednesday 1 2 3 4 8 15 22 23 24 25 O (6:30 PM - 10:00 PM) Council Meeting 29 30 Schedule Council 9 10 11 12 13 14 O (8:30 AM - 4:30 PM) O (6:30 PM - 10:00 PM) Easter Monday Council Meeting 16 17 18 19 20 21 5 26 Thursday Friday Saturday 6 7 O (8:30 AM - 4:30 PM) Good Friday 27 28 12/5/2011 - 10:57 AM Sunday May 2012 Monday Tuesday Wednesday 1 2 6 7 8 ® (6:30 PM - 10:00 PM) Council Meeting 13 Schedule Council 9 3 10 14 15 16 17 18 19 20 21 22 23 24 25 26 D (8:30 AM - 4:30 PM) Victoria Day 27 28 29 30 31 O (6:30 PM - 10:00 PM) Council Meeting Thursday Friday Saturday 4 5 11 12 1 12/5/2011 - 10:58 AM 3 4 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) FCM Conference FCM Conference 10 Sunday 24 25 Schedule Council June 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) FCM Conference FCM Conference 5 26 27 0 (6:30 PM - 10:00 PM) Council Meeting 6 7 8 9 11 12 13 14 15 16 0 (6:30 PM - 10:00 PM) Council Meeting 17 18 19 20 21 22 23 28 29 30 12/5/2011 - 10:58 AM July 2012 Sunday Monday Tuesday Wednesday 1 2 3 4 8 15 5 Thursday Friday Saturday 6 7 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 O(6:30PM- 10:00PM) Council Meeting 29 30 31 26 27 28 Schedule Council 1 12/5/2011 - 10 59 AM 5 12 Schedule Council Sunday August 2012 Monday Tuesday Wednesday Thursday 6 O (8:30 AM - 4:30 PM) Civic Holiday 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) AMO AMO AMO 26 27 28 29 30 31 2 23 Friday Saturday 3 4 24 25 12/5/2011 - 10:59 AM 30 Sunday 2 3 4 5 6 7 O (8:30 AM - 4:30 PM) Labour Day 9 16 Schedule Council September 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 10 11 12 13 D (6:30 PM - 10:00 PM) Council Meeting 14 15 17 18 19 20 21 22 23 24 25 26 O (6:30 PM - 10:00 PM) Council Meeting 27 28 29 12/5/2011 - 11:00 AM 7 14 Sunday October 2012 Monday Tuesday Wednesday 2 3 8 9 U (8:30 AM - 4:30 PM) O (6:30 PM - 10:00 PM) Thanksgiving Day Council Meeting 15 16 17 18 19 20 21 22 23 24 D (6:30 PM - 10:00 PM) Council Meeting 28 29 30 31 Schedule Council 4 25 Thursday Friday Saturday 5 6 10 11 12 13 26 27 12/5/2011 - 11 X01 AM 1 1 18 Sunday November 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 5 6 7 8 9 10 12 13 14 15 16 17 0 (6:30 PM - 10:00 PM) Council Meeting 19 20 21 22 23 24 25 26 27 28 29 30 O (6:30 PM - 10:00 PM) Council Meeting Schedule Council 1 12/5/2011 - 11:01 AM 2 9 Sunday 30 31 Schedule Council December 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 3 4 5 6 7 8 10 11 12 13 14 15 O (6:30 PM - 10:00 PM) Council Meeting 16 17 18 19 20 21 22 23 24 25 26 27 28 29 12/5/2011 - 11 :02 AM Year 2012 Calendar — Canada 40 time,1r.�date.�_� Calendar for year 2012 (Canada) January February Su Mo Tu We Th Fr Sa ; Su Mo Tu We Th Fr 1 2 3 4 5 6 7 1 1 2 3 8 9 10 11 12 13 1411 5 6 7 8 9 10 15 16 17 18 19 20 21 12 13 14 15 16 17 22 23 24 25 26 27 28' 19 20 21 22 23 24 29 30 31 !126 27 28 29 1:C 9:76:4 23:0 30:CC ; . 7 :0 14:1 21:0 29:04 April May Su Mo Tu We Th Fr Sa i Su Mo Tu We Th 2 3 4 5 5 7 1 2 3 10 11 12 13 14' 6 7 8 9 10 16 17 18 19 20 21 !'3 14 15 16 17 22 23 24 25 26 27 28 2' 22 23 24 22 30 6:UU 13:(121:0 29:C July Su Mo Tu We Th 3 4 5 3 9 10 11 12 5 16 17 18 19 23 24 25 26 30 31 3:0 10:4 19:0 261" Fr Sa 6 7 13 14 20 21 27 28 October Su Mo Tu We Th Fr Sa 1 2 3 4 5 6' 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 29 30 31 8:4 15:0 21:C 29:0 _a- Jan 6 Feb 2 Feb 14 Feb 20 Mar 12 Mar 17 ;=•or Apr 8 ?pr9 New Years Day Epiphany Groundhog Day Valentine's Day Family Day (AB. ON SK) Commonwealth Day St. Patrick's Day Good Friday Easter Sunday Easter Monday tutAdoki Nre etu - ‘/Utibitx, 28 29 30 31 i 5:0 124 20:0 28:C August Su Mo Tu We Th Fr Sa 1 2 3 4 6 7 8 9 10 11 '_: 13 14 15 16 17 18 20 21 22 23 24 25 22 27 28 29 30 31 1:12:! 9:4 17:0 24:CC 31: November Su Mo Tu We Th Fr Sa 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 6'4 13:0 20:CC 28:L. Holidays and Observances: Aug 6 Sep 3 .'ot 3 Oct 31 Nov 11 Nov 12 Dec 11 Dec 24 Fr 4 11 18 25 ; March Sa Su Mo Tu We Th Fr Sa 4, 1 1 2 3 11 1 1 4 5 6 7 8 9 10 181111 12 13 14 15 16 17 25i118 19 20 21 22 23 24 ;25 26 27 28 29 30 31 8:0 Tr) 22:030:CC Sa 5 12 19 26 Search:I June Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 23 2 25 26 27 28 29 30 4:0 1'T") 19:026:C September Su Mo Tu We Th Fr Sa 1 3 4 5 6 7 8 3 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 8:'l) 15:0 22:C 29:0 December Su Mo Tu We Th Fr Sa 1 8 15 22 29 2 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 23 24 25 25 27 28 32 31 6:4 13:0 20:C 28:0 Canada Day Canada Day - statutory holiday Civic /Provincial Day (Many regions) Labour Day (All) Thanksgiving Day (All) Halloween Remembrance Day (Most regions) 'Remembrance Day observed (Many regions) of the Statute of Westminster Christmas Eve Apr 9 Vimy Ridge Day Dec 25 Christmas May 21 Victoria Day (Most regions) Dec 25 Boxing Day (Most regions) Jun 21 National Aboriginal Day Dec 31 New Year's Eve Copyright © Time and Date AS 1995 -2011. All rights reserved. Page 1 of 1 Register I Log in I Customize http: / /www.timeanddate.com /calendar / ?year =2012 12/5/2011 1 8 15 Schedule Council Sunday January 2012 Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 0 (6:30 PM - 10:00 PM) Council Meeting 29 30 31 O (6:30 PM - 10:00 PM) Council Meeting 26 27 28 12/5/2011 - 10:40 AM Sunday 5 6 7 12 19 20 21 22 23 24 25 O (8:30 AM - 4:30 PM) Family Day 26 27 28 29 O (6:30 PM - 10:00 PM) Council Meeting Schedule Council February 2012 Monday Tuesday Wednesday 1 8 9 10 11 13 14 15 16 17 18 CO (6:30 PM - 10:00 PM) Council Meeting 2 Thursday Friday Saturday 3 4 12/5/2011 - 10 '.41 AM 4 11 18 Schedule Council Sunday March 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 5 6 7 8 9 10 12 13 14 15 16 O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) ® (8:30 AM - 4:30 PM) ® (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) March Break March Break March Break March Break March Break 17 19 20 21 22 23 24 25 26 27 28 O (6:30 PM - 10:00 PM) Council Meeting 29 30 31 12/5/2011 - 10:41 AM April 2012 Sunday Monday Tuesday Wednesday 1 2 3 4 8 15 22 23 24 25 O (6:30 PM - 10:00 PM) Council Meeting 29 30 Schedule Council 5 Thursday Friday Saturday 6 7 O (8:30 AM - 4:30 PM) Good Friday 9 10 11 12 13 14 G (8:30 AM - 4:30 PM) Easter Monday 16 17 18 19 20 21 26 27 28 12/5/2011 - 10 :42 AM Sunday 13 May 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 G (6:30 PM - 10:00 PM) Council Meeting 14 15 16 17 18 19 20 21 22 23 24 25 26 O (8:30 AM - 4:30 PM) Victoria Day 27 28 29 30 31 O (6:30 PM - 10:00 PM) Council Meeting Schedule Council 1 12/5/2011 - 10:42 AM Sunday 3 4 O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) FCM Conference FCM Conference 17 Schedule Council June 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) FCM Conference FCM Conference 5 6 10 11 12 13 14 15 O (6:30 PM - 10:00 PM) Council Meeting 18 19 20 21 22 23 24 25 26 27 O (6:30 PM - 10:00 PM) Council Meeting 7 8 16 28 29 30 12/5/2011 - 10:43 AM Sunday 1 2 8 15 July 2012 Monday Tuesday Wednesday 3 4 5 9 10 11 12 Thursday Friday Saturday 7 13 14 16 17 18 19 20 21 22 23 24 25 O(6:30PM- 10:00PM) Council Meeting 29 30 31 26 27 28 Schedule Council 1 12/5/2011 - 10:43 AM 5 12 Schedule Council Sunday August 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 6 ® (8:30 AM - 4:30 PM) Civic Holiday 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 O (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) AMO AMO AMO 23 24 25 26 27 28 29 30 31 12/5/2011 - 10:44 AM 9 16 30 Schedule Council Sunday September 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 3 O (8:30 AM - 4:30 PM) Labour Day 4 5 6 7 8 10 1.1 12 13 14 15 O (6:30 PM - 10:00 PM) Council Meeting 17 18 19 20 21 22 23 24 25 26 O (6:30 PM - 10:00 PM) Council Meeting 27 28 29 12/5/2011 - 10:44 AM 7 14 Sunday 1 October 2012 Monday Tuesday Wednesday 2 3 8 9 10 11 12 13 O (8:30 AM - 4:30 PM) Thanksgiving Day 15 16 17 18 19 20 21 22 23 24 O (6:30 PM - 10:00 PM) Council Meeting 28 29 30 31 Schedule Council 4 25 Thursday Friday Saturday 5 6 26 27 12/5/2011 - 10 :44 AM 4 11 18 Schedule Council Sunday November 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 5 6 7 8 9 10 12 13 14 15 16 17 O (6:30 PM - 10:00 PM) Council Meeting 19 20 21 22 23 24 25 26 27 28 29 30 0 (6:30 PM - 10:00 PM) Council Meeting 12/5/2011 - 10'.45 AM 2 9 Sunday 30 31 Schedule Council December 2012 Monday Tuesday Wednesday Thursday Friday Saturday 1 4 5 6 7 8 10 11 12 13 14 15 O (6:30 PM - 10:00 PM) Council Meeting 16 17 18 19 20 21 22 23 24 25 26 27 28 29 12/5/2011 - 10 :45 AM NiagaraJalls December 12, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -61 Approval of Interim 2012 Spending Limits RECOMMENDATION That, in the absence of an adopted 2012 General Purposes Budget, City Council approves the following: 1. City departments be allowed to incur costs to a level of 50% of the departments' expenditure budget of the prior year. 2. Council pre approve the attached list of 2012 Infrastructure Renewal projects up $5.7M EXECUTIVE SUMMARY Spending authority is delegated to the staff by Council through the approval of the annual budgets. Interim spending authority is required to provide staff with similar authority to operate the Municipality until the 2012 budgets are approved. For the upcoming year staff are requesting a pre - approval of a portion of the Capital Budget as staff believes that there are benefits in going to tender earlier in the year. Staff is recommending that in addition to the interim spending approval for operating expenditure that Council proceed with infrastructure renewal projects. These projects are for replacement of infrastructure assets that were not approved in 2011 but were identified in the addendum to the Capital Budget. The interim approval is limited to one half of the 2011 capital funding available from the Federal Gas Tax Grant and one half of the funding from the 2011 Utility Budgets. These sources total $5.7 million. BACKGROUND F- 2011 -61 Staffs authority to fulfill financial obligations to staff, stakeholders and suppliers is derived from an approved Annual Operations budget. Preparation of the 2012 General Purposes Budget, 2012 Utility Budget and 2012 Capital Budget are underway. As a result, staff request that Council approve interim spending limits for 2012 until these are approved. The Municipal Act, 2001 (Section 317) provides Council with the opportunity to authorize staff to operate and remit payments for expenditures incurred prior to the approval of a 2012 budget. This authority is required for the City to maintain its operations until the final budgets are approved. December 12, 2011 - 2 - F- 2011 -61 Since the consideration of the 2012 budget will start early in the new year, all departments should be able to operate with an interim spending approval of approximately 50% of the 2011 operating budgets. If Council approval of the budget is not achieved by the end of May 2012, a further report with an amended interim spending authority will be submitted. As part of the 2012 Budget preparation, staff of each department is preparing its 10 year Capital Needs Plan. Staff in Municipal works have identified significant backlog of capital reinvestment projects that should be scheduled. To accommodate this request, staff are recommending that one half of the 2011 approved utility capital spending plus the 2012 Federal Gas tax be used for funding of pre approved capital projects. These projects relate to infrastructure renewal projects of water, sewer, storm and roads assets. The total amount of approved spending is approximately $5.7 million. Attached is a list of the projects to be funded with an estimated cost and expected scope of work. FINANCIAL IMPLICATIONS Staff must have spending approval authority delegated from Council. In the absence of approved budgets, interim spending authority is required. The request of staff in this regard is the same as previous years. The new request to pre- approve capital projects is an opportunity to attain better pricing and to move forward with previously identified and delayed infrastructure reinvestment projects. The Federal Gas Tax funding has been approved and must be used on capital projects such as these listed thus it is prudent to seek optimal pricing and has no impact on the operating budgets. The use of 1/2 of the capital allotment in the Utility budgets represents 29% (water) and 34% (sewer ) of each budget respectively. Consequently the decision to commit one half of this money still allows Council opportunities for future expenditure reductions while allowing staff to potentially optimize tender pricing. LIST OF ATTACHMENTS 2012 Capital Project List - Pre - Approval Todd Harrison, EDirector of Finance Recommended by: Respectfully submitted: TH /Iw Kin Todd, Chief Administrative Officer Street From To Scope of Work Estimate Buckley Avenue Park Street Queen Street Sewer Separation, Watermain Replacement, Road Reconstruction $ 750,000 Dixon Street Allendale Avenue Level Avenue New Cul -de -sac, Sewer Separation, Watermain Loop $ 485,000 First Avenue Bridge Street Limit Sewer Separation, Watermain Replacement, Road Reconstruction $ 390,000 Flynn Court Simcoe Street Limit Watermain Replacement, Sewer works, Road Reconstruction $ 180,000 Hamilton Street Fourth Avenue Sixth Avenue Sewer Separation, Watermain Replacement, Road Reconstruction $ 693,500 Kalar Road Catalina Street Beaverdams Road Road Widening, Storm Sewer Works, Watermain Replacement $ 2,500,000 Oneida Lane Clifton Hill Limit Watermain Replacement, Sewer works, Road Reconstruction $ 390,000 Baldwin Avenue Mulhern Street 200 m north Mulhern Watermain Replacement, Storm Sewer, Road Reconstruction $ 300,000 2012 Capital Project List - Pre - Approval F- 2011 -61 Draft 2012 Capital Project List Municipal Works 12/7/2011 (12/7/2011) Dean lorfida - Municipal Resolution Page 1 From: Melisa Mancini <Melisa.Mancini @hilton.com> To: "diorfida @niagarafalls.ca" <diorfida @niagarafalls.ca> Date: 11/29/2011 5:31 PM Subject: Municipal Resolution Good Morning Dean, I am the event co- ordinator for the Fallsview Group. I am applying for a liquor permit for a public event am in need of a municipal resolution. The event is on December 31st,2011 at the Scotia Bank Convention Center on 6815 Stanley Ave, Niagara Falls ON. The expected attendance is between 5000 to 6000 It is advertised as Golden New Years Eve 2012 and is featuring DJ's Avicii and Steve Aoki. If you can please push me in the right direction to obtaining the letter it would be greatly appreciated. Thank you, Melisa Mancini General Manager 905 - 358 -5555 ext 105 This transmission is not a digital or electronic signature and cannot be used to form, document, or authenticate a contract. Hilton and its affiliates accept no liability arising in connection with this transmission.Copyright 2011 Hilton Worldwide Proprietary and Confidential Sale A Sale permit is required for events where money is collected for liquor through: • An admission charge to the event; • Admission or liquor tickets sold to people attending the event; or • The collection of money for liquor before the event. When you buy liquor for your sale event, you will be charged an additional levy fee because you are reselling the liquor. The levy assists you as you will not have to collect or remit sales tax on the liquor you sell at the event. Levy receipts for all liquor purchases must be readily available for inspection by AGCO Inspectors or police. As the holder of a sale permit for a Reception, Trade Show or Consumer Show Event, you may not profit directly or indirectly from the sale of liquor at the event. No Sale A No Sale permit is issued when: • Liquor is served without charge; • No money is collected directly or indirectly for liquor from guests; and • The permit holder absorbs all the cost. No levy fee is charged on liquor for a no sale event. Outdoor Events Outdoor events are those which take place outdoors or in a temporary structure, such as a tent or marquee. The outdoor area must be clearly defined and separated from unlicensed areas by a minimum 36" (0.9m) high partition. Until August 2, 2011, you must notify in writing the local municipal clerk's department, police, fire and health departments (at least 30 days prior to the event) informing them of the event and identifying the physical boundaries. If a tent, marquee or pavillion is used, you must also notify in writing the local building department. Effective August 2, 2011, the timelines for notifying local authorities will change to: • 30 days before the event takes place, if fewer than 5,000 people are expected to attend the event; or • 60 days before the event takes place if 5,000 people or more are expected to attend the event. You must include with your application: • Copies of the notification letters to the police, fire, health (building if applicable) and municipal clerk's departments; and • A detailed sketch showing the dimensions of the area for which the permit will apply. 1575B (11/06) Reception (Sale and No Sale) Receptions are private events for invited guests only. Notification is limited to invited guests only and must not mention the availability of liquor. The general public must not be admitted to a reception event. Reception events cannot be advertised to the general public. Public Event (Sale) Public Event permits can be issued: • To a registered charity under the Income Tax Act (Canada); • To a non - profit organization or association organized to promote charitable, educational, religious or community objects; or • For an event of municipal, provincial, national or international significance. These events may be held to raise funds for charitable, educational, religious or community objects. A non - profit organization or association must be duly constituted with its own constitution and by -laws. They must provide these documents at the request of staff issuing Special Occasion Permits. Individuals cannot fundraise by selling liquor. A permit holder that is not a registered charity or non - profit organization or association may hold a Public Event if the event is • An event of provincial, national or international significance; or • An event of municipal significance and is designated by municipal council as an event of municipal significance. Note: A municipal resolution must be included with the permit application. A registered charity under the Income Tax Act (Canada) or a non - profit organization or association organized to promote charitable, educational, religious or community objects, can also request to be designated as an event of significance. Designated Public Events — Public Events involving licensed establishments If a Special Occasion Permit has been issued for an outdoor event that has both licensed areas (bars, restaurants, etc.) and areas to which the SOP applies (i.e. the street on which the event is taking place), patrons can move freely between these areas with a single serving of alcohol, under certain conditions and where permission has been granted by the Registrar of Alcohol and Gaming. Guide for a Special Occasion Permit Page 3 of /de 7 and The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Scotiabank Convention Centre, 6815 Stanley Avenue, opened in Niagara Fails in April 2011; WHEREAS the 288,000 square foot facility was a long- desired amenity in making our community a world - class tourist destination; and WHEREAS the municipality is the owner of the facility; and WHEREAS it is in the municipality's best interest that the facility be regularly occupied with events for the enjoyment of visitors and residents alike; and WHEREAS on New Year's Eve an event, Golden New Years Eve 2012 featuring DJ's Avicii and Steve Aoki, world renown DJ's, is scheduled to attract between five to six thousand patrons; and WHEREAS the event is being organized by the Fallsview Group, noted tourist stakeholders in the community; and WHEREAS the Fallsview Group has applied for a Special Occasion Liquor Licence (SOP) for the event; and WHEREAS to obtain the SOP, from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers Golden New Years Eve 2012, at the Scotiabank Convention Centre, as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niagara) alls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls Niagara Falls Small Business Enterprise Centre Business Development BDD- 2011 -12 Small Business Enterprise Centre Office Relocation & Incubator Space BDD- 2011 -12 December 12, 2011 1. Council to authorize the Business Development Department - Small Business Enterprise Centre to establish and operate the Niagara Falls Incubation Centre (NFIC). 2. That the anticipated annual operating cost increase of $50,000 be referred to the 2012 Operating Budget deliberations. EXECUTIVE SUMMARY The Niagara Falls Incubation Centre (NFIC) will be formed as an arm of the Business Development Department in the City of Niagara Falls. The mission of the NFIC will be to support and accelerate the development of 5 -8 new businesses through the provision of a controlled and structured environment, which provides ready access to necessary resources for budding entrepreneurs. This new initiative will achieve council priorities in three areas including; developing a Small Business Incubator Enterprise Centre, creating a focus on business retention by supporting and fostering growth in small business, and implementing strategies for retaining and attracting youth to Niagara Falls. The Niagara Falls Small Business Enterprise Centre (NFSBEC) will co- locate their office with the NFIC to adhere to and meet standards set out by Ministry of Economic Development and Innovation (MEDI) including being in a highly visible storefront location. MEDI set standards in 2005 and currently the NFSBEC is the last remaining office, of their 57 locations in Ontario currently not meeting these standards. NFSBEC will be co- located and will coordinate daily operations of the NFIC by providing full -time and part-time office space, meeting facilities, and networking and mentorship opportunities to residents to increase chances of success during their tenure at the NFIC. NFIC will be a mixed -use business incubator which means it delivers the essential services and opportunities to businesses in a variety of industries. It is common for incubators to draw on the experience and expertise of a partner. The co- location of the NFSBEC and the NFIC will create synergies and utilize the skills, resources and business knowledge of NFSBEC staff members. December 12, 2011 Building community support with post- secondary institutions, local businesses and professional advisors will also create a hands on applied support system network to facilitate success and access to necessary resources entrepreneurs may otherwise not have. Currently, the NFSBEC is staffed with 2 dedicated full time employees, the Small Business Consultant and the Business Information Officer. During the first year of operations the NFSBEC will hire a summer student or subsidize employment for a business assistant. In the future, when business operations warrant, one full -time position may be created. The NFSBEC will use the National Business Incubator Association `areas of best practices' for program facilitation of the NFIC. The NFSBEC and the NFIC will comply with `areas of best practices' set out by the association to create a cohesive incubator experience similar to others throughout the province and country. At present, the net cost of the NFSBEC on the municipal operating budget is $75,000. The recommended relocation of the office to comply with the Provincial governments' requirements will increase the annual operating cost borne by the municipality to $125,000 annuaiiy. The NFSBEC is seeking an annuai budget allocation from the City of Niagara Falls for $50,000 annually to cover the shortfall of start-up costs, and operations of the NFIC. BACKGROUND -2- BDD- 2011 -12 Niagara Falls Incubation Centre (NFIC) The Niagara Falls Incubation Centre (NFIC) will be formed as an arm of the Business Development Department in the City of Niagara Falls. The mission of the Niagara Incubation Centre will be to support and accelerate the development of new businesses through the provision of a controlled and structured environment, which provides ready access to necessary resources such as secretarial and administrative support, office and meeting facilities, and business expertise — in order to leverage entrepreneurial talent, encourage increased entrepreneurial activity and increase the success rate of new businesses. Completion of a program offered through an incubator program increases the success and sustainability of a start-up company. The Niagara Falls Small Business Enterprise Centre (NFSBEC) will be co- located and will coordinate daily operations of the NFIC by providing full -time and part-time office space, meeting facilities, and networking and mentorship opportunities to residents increasing chances of success during their tenure at the NFIC. When business operations warrant, an application will be made to the Ontario Trillium Foundation to fund the position of a incubator co- ordinator. NFIC will be a mixed -use business incubator which means it delivers the essential services and opportunities to budding businesses in a variety of industries. December 12, 2011 An Incubation Tenant Committee will be formed of Business Development staff and local community professionals to help in tenant selection of the NFIC. Admission criteria for business incubation will be used as a guideline for the Committee and are based on a variety of criteria from applicant businesses including: • Good Business Plan • Good Business Opportunity • Commercialization Opportunities • Availability of Financing • Collaboration in Research Niagara Falls Small Business Enterprise Centre (NFSBEC) The Niagara Falls Area Small Business Enterprise Centre (NFSBEC) aids people in realizing their dream of opening their own small business. The NFSBEC is the city and surrounding area's first stop for information and advice on starting and growing a small business. Located within the City of Niagara Falls' Business Development Department in City Hall, the office is operated in partnership with the Ministry of Economic Development and Innovation (MEDi) and the City of the Niagara Falls. The office is responsible for servicing half of the Niagara Region including Niagara Falls, Fort Erie, Niagara -on- the -Lake, Wainfleet, and Port Colborne. The NFSBEC will re- locate their office to be co- located with the NFIC and to adhere to and meet standards set out by Ministry of Economic Development and Innovation (MEDI) requirements* including: Highly visible location Access to Parking • Access by Public Transit • Free Access to Building • Appropriate space to fill core requirements including: • Reception Area • Private Office for Consultations • Separate Space for Resource Area • Access to Boardroom and Meeting Space • Conform to Accessibility Standards *Mandatory MEDI requirements attached in Schedule A. Canadian Youth Business Foundation -3- BDD- 2011 -12 The NFSBEC has recently become a community partner with the Canadian Youth Business Foundation (CYBF), creating the ability to offer mentoring and financing of up to $45,000 to young entrepreneurs, aged 18 — 34. Young entrepreneurs receiving CYBF financing will be able to locate their businesses in the NFIC, allowing them to receive on -site mentoring and thrive in an entrepreneurial environment. Location 4342 Queen St- Hatch Building 4507 Queen Street 4337 Queen Street Square Footage 5120 4009 4025 Annual Cost $83,712.00 $39,290.00 $39,290.00 December 12, 2011 -4- BDD- 2011 -12 ANALYSIS Program Facilitation The NFSBEC will be responsible for program facilitation and coordination of the NFIC. The NFSBEC will be involved in tenant selection, day -to -day operations and coordination and facilitation of business services. The NFSBEC will form an incubation tenant committee to review tenant applications; utilizing the incubator best practices as a basis for tenancy. These services will be an invaluable asset to incubator businesses, but also the key to the incubator reaching its goals. The NFSBEC would be responsible for all the key components of an incubator listed here and will serve as a facilitator, mentor, coordinator and colleague of all the incubator tenants. The NFSBEC is linked within the business community bringing experience, contacts, resources and a presence in the community. While tenants will comewith a variety of skills and experience, in deciding what services to provide, it is important to consider the various stages of business development from planning, start-up, maintenance and eventual expansion /graduation from the incubator. Below are some services that are critical for tenants, potential tenants or other entrepreneurs who may locate their business in the incubator; • Business Plan Development • Promotional Assistance • Business Networking • Technical Support • Funding Referrals for Start-up and Maintenance • Customer Service Hiring and Managing Employees • Accounting and Finance Tenants will be responsible to pay `programming and service' fees to locate their business in the incubator to receive all services listed above. These fees will help offset the operational costs of the incubator. Location The location at 4337 Queen Street was determined the most suitable location with close proximity to City Hall allowing easy access for clients to utilize other departments for business needs, while maintaining customer service standards. This location will also act as a leverage in supporting the Queen Street revitalization initiative. December 12, 2011 FINANCIAL IMPLICATIONS ATTACHMENTS Ln n 4 Queen St rt CITY COUNCIL STRATEGIC PRIORITY -5- BDD- 2011 -12 4323 Queen St • Falls M City Hall Hatch Bldg I Schedule A: MEDI: SBEC Location Requirements ` r� 3 3 fib 161 The NFSBEC is a partnership between the Provincial government and the municipality. In 2011, the net operating cost to the City of this partnership was $75,000. The recommendation to relocate the office is a requirement of this partnership. As indicated previously, the City of Niagara Falls is the only municipality that has not complied with this commitment. The net impact of this recommendation is an annual increase of $50,000. The costs of transition to a new location will be borne by both the Province and the City. The City has Special Purpose Reserves available for the transition costs. However, once the move is completed, the net annual cost is estimated to be $50,000. The City of St. Catharines Small Business Enterprise Centre has a similar incubator concept on 1 St. Paul Street in St. Catharines. The City currently budgets $130,000 annually for this initiative. Focus on aligning small business /entrepreneurship initiatives with current council's strategic priorities for economic vitality. 1. Developing a Small Business Incubator Enterprise Centre. 2. Focus on Business Retention - Supporting and Fostering Growth in Small Business Sector. 3. Identify and Implement Strategies for retaining and attracting youth to Niagara Falls. December 12, 2011 6 BDD- 2011 -12 Recommended by: Respectfully submitted: SF:ad ) Serge Felicetti, Director of Business Development Ken odd, Chief Administrative Officer December 12, 2011 -7- BDD- 2011 -12 SCHEDULE A SBEC Location Requirements Required: 1. Highly visible location in the central business district. May be located in a mall, on main street or in a visible location in City Hall or another public building. 2. Access to parking 3. Access by public transit 4. Free access to building (does not require security key, sign in doorbell, etc) 5. Appropriate space to fulfill core requirements, including reception area 6. Private office for consultations 7. Separate space for resource area 8. Access to boardroom /meeting space F- 2011 -50 Niagaraialls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2011 -50 2011 Capital Projects Update RECOMMENDATION That Council receive for information purposes. EXECUTIVE SUMMARY December 12, 2011 The 2011 Capital Budget was approved by Council on May 16` 2011. This report is being provided to Council as an update on the status of all capital projects approved in the budget. These projects are at various stages of completion at this time. Some have been completed and require final reporting to Council on outcomes, others are in construction, others are still in the planning stages, while some have been delayed until 2012. At this time of the year, before the completion of the City's year end accounting tasks, all projects undertaken in the year irrespective of project status, are included in work in progress. Once the year end is completed, all completed projects will be transferred to the City's tangible capital assets and a subsequent report to Council reconciling the final expenditures of each project will be provided. Projects that are not completed will remain in the work in progress account until completed. BACKGROUND As a continual exercise to improve fiscal reporting for Council, staff are providing this report so as to identify the status of the approved 2012 capital projects as at November 25, 2011. The intention is to provide this report annually. In addition, early in the new year Council will receive a report of all completed projects that will be added to the City's inventory of tangible capital assets. This will be provided once the year end work is completed. ANALYSIS /RATIONALE The projects approved have been provided in Attachment 1. All approved projects are listed with the status of each identified as completed, in progress, in the planning stages or deferred. More specific information is provided in the attachment to provide better insights. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The projects completed will be closed and recorded in the City's tangible capital assets for the end of the fiscal year. Projects underway will be included as in work in progress section of capital assets. Once projects are finalized and included in the capital asset ledger, the December 12, 2011 - 2 - F- 2011 -50 ledger, the asset then must be amortized over its expected useful life. Capital projects not finalized that remain in Work in Progress are not amortized. During this year, some completed projects have come under budget while others have experienced cost overruns. Finance staff are working with departmental staff to ensure the final reconciliations of projects will be completed on these projects for year end. As indicated a report recommending transfer of all completed projects will be forthcoming early in the new year once the year end work is completed. The following projects are completed and preliminary costing is showing a potential surplus. The projects include Renovations to Roof at Fire Hall #1 (F17), and the Watermain Replacement at Armoury and Fourth Street (W22). Unspent monies originally budgeted for generate a surplus in this fiscal year and will be used to offset cost overruns incurred on similar type projects in this fiscal year. If after this reconciliation, there continues to be an surplus amount, this will be recommended to be carried forward for additional funding in 2012. The following completed projects have been identified as being over cost estimates. Bunker Gear -F38 Weightman Bridge - R58 City Hall Renovations - BP3 The purchase of individualised bunker gear is an on going annual program for the Fire Department. During this year, the department hired increased numbers of volunteers for Fire hall 4 to meet staffing requirements. The purchases required for the additional staffing were on top of the expected replacement purchases. As a result, in year expenditures were higher than projected. The annual expenditure requirement is being reviewed as part of the department's 10 year capital needs evaluation. The scope of the project was increased to replace additional road infrastructure on Main Street. Council approved expanding the project budget and funding was provided with additional allocation of Gas Tax revenues and the use of project contingencies. Changes in the scope of the projection due to hazardous materials encountered during construction led to cost increases. A full accounting of project will be provided in final report for year end. Increased expenditures will be funded from reserves. Similarly, some in progress projects have been identified in the chart as potential overspent, however these projects are multi year and the actual expenditures may not be consistent with expected in year expenditures. Similarly, expected cost increases of ongoing projects will be identified for Council in 2012 Capital Budget discussions. December 12, 2011 LIST OF ATTACHMENTS Attachment 1 - Summary of 2011 Capital Projects - 3 - Recommended by: Todd Harris Respectfully submitted: F- 2011 -50 ctor of Finance Ken To•,ry, Chief Administrative Officer 2011 Capital Project Name Project # Expenses YT0 at Nov 25 General Government New Financials & Equipment G1 247,127.12 Cartegraph Implementation Microsoft Office Microsoft Windows City hall Phones Access System Development Charge Update Study G2 8,402.43 Convention Centre G9 6,993,384.00 Fire Services Self- Contained Breathing Apparatus F9 14,995.28 (SCBA) Thermal Imaging Camera F11 14,882.63 Specialized Rescue Equipment F12 3,129.61 Fire Station #1 Renovations (Roof) F17 88,531.38 Training Grounds F18 3,083.03 Technical Rescue Equipment F24 3,764.11 Bunker Gear F38 101,762.37 Portable Emergency Power for All Stations F39 34,496.72 Radio System Master Fire Plan Diesel Fumes Extraction Systems Station Location Study Training Resource Upgrades F43 361,228.89 F44 1,340.00 F45 40,602.32 F46 11,412.49 F47 Municipal Works Major Drain Maintenance Program (Union R2 8,877.31 Marsh) New Sidewalk Construction R6 78,855.85 Asphalt Overlay R24 68,390.79 Kalar Rd. Reconstruction- Lundys Lane to R27 554,194.80 Beaverdams Murray/ Dixon Cul de Sac R37 Drummond Road Reconstruction R44 827,991.11 Downtown CIP - Public Realm - Phase 1 & R51 773,543.74 2 River Lane Improvements R55 Fruitbelt Parkway Reconstruction R56 19,093.91 Lemon Rd Bridge Replacement R57 Weightman Bridge Rehab R58 603,709.18 Willodell Rd Bridge Replacement R59 Willoughby Dr (Chas Ruch) Bridge Rehab R60 Oakwood Dr - McLeod Gonder Rd Bridge Removal Mewburn Road Bridge Street Light Upgrade Beck Road Bridge Rehab Garner Neighbourhood thru Hydro McKenny Road Bridge Rehab Stanley Ave (Somerville) Bridge Rehab McLeod Road - Kalar to Pin Oak Kalar Road - Rideau to Lundy's Lane Guard Rail Replacement Reforestation & Naturalization Ferry Street (Stanley to Temperance) Main St Watermain & Streetscaping Bridge Street Sewer & Watermain Second /First/ Bridge McRae Street (Ph 2) Second & Hamilton Spring Street Watermain Hamilton Street Beaverdams Rd Storm & Watermain Vehicle Replacement Sinnicks Avenue Kalar Road Sanitary Sewer Waterloo Drive CatelI Drive Sewer First Ave - Bridge to North Limit Thundering Waters Master Servicing Study CJL 12/6/2011 R61 R62 R63 2,124.24 R64 49,798.32 MS1 MS4 MS6 MS8 MS10 MS11 MS12 MS13 MS 14 TR1 SS16 SS19 SS20 SS21 SS24 4,845,888.68 (3,796.80) 9,887.02 1, 778, 598.62 14,337.66 2011 Capital Budget 240,000 Development & Implementation in Progress 75,000 Purchase order issued 35,000 Purchase order issued 110,000 Scheduled 2012 start 55,000 Underway 25,000 Expected completion May 2012 12,003,739 Construction complete 15,000 Purchase completed for 2011 15,000 10,000 100,000 20,000 10,000 75,287 46,625 27,390 Construction complete Comments purchasing complete for 2011 ongoing complete ongoing ongoing purchasing complete for 2011 ongoing 390,931 Completed 1,367 Completed 40.000 Completed 50,000 Ongoing report to Council in February 2012 20,000 Planning of project completed 125,000 90% complete 1,648,000 in progress 1,073,915 Property acquisition complete. Construction to proceed in 2012 25,000 Preliminary design complete 1,581,285 Construction complete 2,200,400 in progress 4,000 Final Project costing being completed 955,775 Need NEC & MOE approval before construction 40,000 Hydraulic analysis & design underway 414,285 Construction complete 26,000 Hydraulic analysis & design underway 35,000 Deck condtion survey complete. Load capacity analysis nearing completion. 215,215 Final Project costing being completed 30,000 Removal is 95% complete 300,758 Waiting to complete cost sharing details with CN 50,000 Project Complete 30,000 Awaiting completion of load capacity analysis 31,285 Not started 25,000 Awaiting completion of bridge inspection 25,000 Awaiting completion of bridge inspection 146,030 Project planning complete 75,000 Project planning complete 250,000 in progress 10,000 Fall dormant plantings to proceed shortly 4,393,800 1,268,400 2,985,500 1,887,047 1,739,700 1,601,900 1,667,000 12,500 70,000 On hold until Bell Canada relocates wiring On hold until Bell Canada relocates wiring In design phase 95% complete Tender awarded, construction to start Survey in progress RFP closed RFP for design not yet issued RFP for design not yet issued 306,196.18 898,000 in progress, additional vehicles awaiting delivery 30,000 Final stage - Asphalt Overlay 765,508.82 1,652,824 Underground complete. Grading & seeding remains 153,687.07 584,900 10% complete 2,943.92 450,000 RFP in progress 20,200 Awaiting geotechnical report To be completed by developer 155,000 H: \Committee\2011 Committee \F-2011-50 Attachment.xls Capital Project Name YTO at Nov 25 Oakwood Dr. Pumping Stn Upgrade - STMS4 12,777.14 Metrus /Montrose Business Park Warren Creek Watershed STMS15 3,505,528.79 Shriner's Creek Retaining Wall STMS25 21,872.93 Dunn Street Storm Separation STMS28 305,489.42 Hiram Street Sewer Separation STMS29 213,362.54 McBain Centre SWM / MacLeod Road STMS30 22,085.43 Boyers Creek Municipal Drain Young Municipal Drain Mountain Rd Watermain Armoury & Fourth Watermain Cook Street Watermain Bridgewater Street Watermain Chippawa Parkway Watermain Corwin Crescent Watermain Oakwood Drive North Watermain Stanley Ave Watermain Mountain Road Landfill Closure Transportation Transit - Bus Purchases Transit - CAV buses Customer Connection Terminal ITS Equipment Radio Upgrade Smart Card Programmer Traffic Signal Rebuilds Paramics Transportation Model Transportation Master Plan Historic Drummondville Parking Strategy Municipal Lot 19 Development Parking Lot Resurfacing (Lot 17) Transportable Road Closed Trailer Board Planning & Building City Hall Renovations Condtion Assessment of City Buildings Transit Wash Bay Wall Reno Coronation Centre Partial Roof Service Centre Roof Community Resource Building Brick Sylvia Place market Redevelopment Parks & Cemetery Maple Grove Columbaria Cemetery - Fairview Section V Dvmt Recreation & Culture Chippawa Arena Roof Bob Gale Arena Chippawa Rooftop Heating Coronation Centre Parking Lot Lundys Lane Museum Expansion CJL 12/6/2011 2011 Project # Expenses W19 668,000 Project complete - awaiting invoice from Region W22 350,626.25 369,577 Project complete W23 266,100 Design complete - ready to be tendered 286,400 Drawings completed. Waiting for Geotech report 258,500 Drawings completed. Waiting for Geotech report 334,400 Going to consultants 585,200 Going to consultants Construction in 2012 LF1 T1 T6 TSP16 TSP17 TSP18 TSP19 BP3 BP4 C4 145,329.92 12, 076.82 75,466.28 6,104.38 Olympic Torch Trail (fmr: Queen / Palmer P24 52.81 Trail) FH Leslie Park Improvements (RInC) P36 171,838.64 Patrick Cummings Park (RiNC) P38 426,820.43 Oakes Park Improvements (RiNC) P39 28.19 EE Mitchelson (RiNC) P40 7,648.73 Millenium Trail (RInC) P41 40,621.99 Crimson Park P42 186,754.47 Leash Free Dog Park P43 2,544.00 Edgewood Estates Park Baden Powell Park Improvements Fallsview Gateway Feature Playspace Improvement Program Girl's Home for Soccer Washroom RF11 11,244.24 RF8 RF9 190,254.32 M1 6,099,682.24 2011 Capital Budget 850,000 Brown Road culvert to be done as part of Warren Creek. 3,424,662 30,000 488,553 240,000 656,908 85,000 107,230 35,000 in progress 1,300,000 Bus Ordered 100,000 Purchase deferred 150,000 Requires additional funds - to be re- submitted in 2012 300,000 Purchase order being prepared 75,000 Purchase order being prepared 10,000 Purchase order being prepared 175,000 38,800 216,032 55,973 35,000 50,000 15,000 60,000 Work complete 75,000 In progress 40,000 Project canceled 25,000 In progress 90,000 Awaiting scope of work from consultant 25,000 Work to commence in next few weeks 350,000 Awaiting completion of building purchase negotiations 35.000 31,000 226,936 45,000 7,000 4,224,033 In progress Comments In progress Project complete Project complete - awaiting invoice from Region Project complete - awaiting invoice from Region In progress RFP for consultant services Construction to be done by Port Colborne. in progress Project Complete Project Complete in progress Work to commence in November Work to commence in November Purchase canceled in progress in progress 1,089 Project complete 195,933 Project complete 619,596 Near complete 921 Project complete 16,267 Project complete 46,231 Project complete 169,000 Near complete 95,000 Waiting for land use agreement from SCVFA 70,000 Tender ready to issue 24,000 In progress 50,000 In progress 76,000 for Preakness - Report to Council Nov 14 14,160 Project complete Tender to be issued Construction complete Tender to be issued Tender to be issued H: \Committee\2011 Committee \F - 2011 -50 Attachment.xls Niagaraaalls December 12, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -49 Financial Report as of October 31, 2011 RECOMMENDATION That Council receive the Operating Results report for information purposes. EXECUTIVE SUMMARY rEn F- 2011 -49 The largest income stream for the City, property taxes, are as budgeted based on the regular tax billing. Increased taxation revenues have been derived from supplemental taxation. The supplemental revenue is down from the same period in 2010, as the previous year was unusually high. The final supplemental billing is scheduled December. Payment in Lieu revenues, the second largest income stream, is on target, although the appeal by OLGC is still under review. Nonetheless, staff has made provision for the appeal, which appear adequate based on proceedings thus far. As Council is aware, the Niagara Parks Commission had not paid the City for 2010 and for 2011 for its fee for service agreement as at October 31, 2012. However, to recognize that negotiations of a new agreement are underway, the NPC has provided partial payment of $138,000 per year in November. Staff continues to negotiate the renewal of the contract. User fee income is being negatively impacted due to an economic slowdown and is expected to be lower than budgeted. Similarly, permit revenue is down significantly. Sales of services /products are expected to be lower than budgeted. Penalties on tax arrears are greater than expected and will offset a decline in investment income, caused by lower than expected rates of return. The reduction in sales and user fees can be offset by the use of reserves in these areas. As a result, staff predict that actual revenues will not be materially different from budget. L�l The donation revenue and the expenditure for transfers to Boards, Agencies and Commissions are both higher than expected. This is due to the inclusion of the revenue /expenditures generated by Sleep Cheap. As the full amount of money raised is subsequently attributed to qualified community agencies, there is no net impact on operating results. December 12, 2011 On the expenditure side, staff does not anticipate that actual amounts will exceed budgeted amounts. At the direction of the CAO, senior management was directed to minimize spending in October for the balance of the year except in respect to prior commitments or essential expenditures. BACKGROUND - 2 - F- 2011 -49 The Finance division initiated enhanced reporting to Council regarding fiscal performance. This report is new to Council reporting and provides a third quarter overview of the operating performance of the corporation. The City of Niagara Falls approved an operating budget (known as General Purposes) of $95.09 million for the fiscal 2011 year. This report is being provided to inform Council on the City's financial performance for period ending October, 2011. The timing of this report coincides with the preparation of the 2012 General Purposes budget and is timely as any operating surplus generated in a year must be included in the subsequent budget year. Similarly, a municipality cannot operate at a deficit during a fiscal year. ANALYSIS /RATIONALE The analysis of the year to date results will be segmented by revenue and expense based on the attached summary. The analysis will provide information of major factors. Revenues Taxation - City General & Urban Service The regular tax billing for 2011 has been completed for all property classes with an additional supplemental tax billings to be completed before year end. Taxation revenues have risen due to tax supplementals that have been billed in the year. These revenues, due to the unpredictable nature are not budgeted for and represent a buffer against revenue losses in other areas. Assessment challenges by property owners through appeals were larger this year than in the past. In some cases, the time lags between appeal submission and final closure can be a few years. Thus, the impact of all assessment appeals will not be realized in this fiscal year and may impact future years. Finance staff monitors appeals and at this time believe that the allowance for writeoffs will be adequate. Payment in Lieu of Taxation Payments in Lieu (PI L's) are made by other levels of government for properties that they own in the municipality. PIL's revenue is determined in a variety of manners, some like other property owners, assessed values are used and are determined based on applicable tax rates. Others are determined by regulations based on land size or headcount while others are based on regulations. Staff do not know of factors that will increase revenues from this area this year. As Council is aware OLG has an appealed and the discussions are ongoing. An allowance was set up in the 2011 budget to offset any potential loss in revenue due to assessment reduction. Niagara Parks Commission The Niagara Parks Commission (NPC) and the City has negotiated an extension to the agreement for services rendered by the City to NPC originally renewed in 2005. The amounts for 2010 and 2011 are outstanding except for payments made in November of $138,000 for each year. December 12, 2011 - 3 - F- 2011 -49 User Fees The City charges a variety of user fees throughout the Corporation. During the 2011 budget process, some new fees were implemented or increased to meet direct costs better. The general economic climate has affected some fee groups particularly building, planning fees and transit fees which are based on volumes. While some of the user fees may rebound during the last four months of the year, due to the seasonal nature of fees, there is a general trend that user fees will be lower than expected. The shortfall in user fees will be offset by enhanced revenues in other areas or the use of specific reserves for those areas which under performed. This will be a year end action. Penalties and Investment Income This revenue stream is derived primarily in the finance and cemetery operations. The total anticipated revenues from these two categories were budgeted at $4.3 million (approximately). It is anticipated that the City will meet its target. Sales This revenue stream consists of the revenues charged for the sale of products to the public as well as land sales. Primarily divisions include cemetery operations, transit and finance operations. Revenues from cemetery operations are slightly less that budget predictions but seasonality does play a part in the achievement of budget. It is expected that cemetery product sales will achieve budgets if seasonal trends continue. Overall, staff believe sales targets will be achieved. Expenses Salaries and Benefits Salary and benefit costs are the largest operating expenditures of the Corporation, at $47.3 million or 49.8% of total expenditures. With ten months of the year completed or 83.33 %, the labour costs are slightly Tess at 82% of budget. Finance has reviewed the cost incurred and has found no exceptional areas of concern. At the direction of the CAO, all staff replacements are reviewed before appointment to determine whether alternative staffing approaches can be achieved. Staff is confident that there will no be extra spending for this expenditure category. Materials and Services Expenditures in this category were budgeted at $13.6 million or 14.3% of total operating expenditures. Similar to salaries, the expenditures to date are coming in at target. At the direction of the CAO, senior management has been directed to withhold spending in this area to commitments already in place and to essential expenditures. One area of concern in previous budgets was WSIB. However, the City's expenditures are lower thus far this year that expected. A reserve for WSIB claims is available should it be required. The balance of cost overruns should be able to be accommodated within staff compensation budget, should existing trends continue. Contract Services Expenditures in this category were budgeted at $15.8 million or 16.6% of total budgeted expenditures. The current expenditures are almost at the annual amount, however a large portion of the annual expenditure is the Regional Waste Management contract which has been recorded for the year. At the direction of the CAO senior management has been directed to withhold spending in this area to commitments already in place and to essential expenditures. December 12, 2011 Transfers to Reserves and Capital The expenditures in these areas combined were budgeted at approximately $6.5 million for 2011. The transfers to reserves and capital are typically accounting entries made at the end of the fiscal year. Staff anticipates that budget will be met. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The City of Niagara Falls, like all municipalities cannot record an operating budget deficit in a year. The City is required to use available reserves should this outcome occur. Alternatively, should an operating surplus occur, the City is required to use the surplus for the following year's budget. Staff will report to the Council on year end figures at the earliest time possible. The CAO has directed all departmental directors to limit spending for the remainder of the year to only existing commitments. Management continues to minimize the use of overtime, however, weather conditions and service expectations will impact this direction. Staff believes that total expenditures will not exceed budget. LIST OF ATTACHMENTS Attached is a summary of actual expenditures and revenues for the year as of the end of October, 2011. Recommended by: Respectfully submitted: - 4 - F- 2011 -49 Todd Harris • n, Dire "• r of Finance Ken Todd, Chief Administrative Officer 50,937,000 50,424,548 (512,452) 6,717,281 6,574,375 (142,906) 34,000 34,000 - 9,469,000 10,331,363 862,363 1,898,748 2,467,402 568,654 275,565 430,000 154,435 1,049,257 1,695,073 645,816 65,277 103,732 38,455 24,190 25,000 810 5,027,744 6,243,625 1,215,881 38,109 53,500 15,391 702,699 713,000 10,301 2,329,478 2,600,000 270,522 1,847,321 1,920,000 72,679 156,629 21,000 (135,629) 1,19:3,80'3 4 2 4� A I, IJ,YVV 19 c I ,JJI 3,834,483 4,070,957 236,474 2,941,470 3,944,543 1,003,073 330,583 2,231,624 1,901,041 88,872,637 95,097,142 6,224,505 30,725,040 38,348,433 7,623,393 8,151,688 9,024,919 873,231 6,235,929 6,880,606 644,677 11,683,517 13,618,447 1,934,930 15,078,322 15,848,735 770,413 290,110 625,300 335,190 571,220 472,424 (98,796) 4,449,265 4,594,305 145,040 14,592 2,076,973 2,062,381 2,277,545 3,607,000 1,329,455 79,477,228 95,097,142 15,619,914 9,395,409 - (9,395,409) CITY OF NIAGARA FALLS 2011 GENERAL PURPOSES BUDGET SUMMARY OF REVENUE AND EXPENSE ACTUAL VS. BUDGET October 31, 2011 REVENUES TAXATION CITY GENERAL & URBAN SERVICE TAXATION WASTE MANAGEMENT TAXATION OTHER CHARGES PAYMENT IN LIEU OF TAXATION GRANTS LICENCES PERMITS RENTS SERVICE CHARGES USER FEES CONCESSIONS FINES PENALTIES AND INTEREST INVESTMENT INCOME DONATIONS SALES OTHER REVENUE INTERNAL TRANSFERS TRANSFERS FROM RESERVES, RESERVE FUNDS TOTAL REVENUES EXPENSES SALARIES AND WAGES EMPLOYEE BENEFITS LONG TERM DEBT PAYMENTS MATERIALS AND SERVICES CONTRACT SERVICES RENTS AND FINANCIAL TRANSFERS TO BOARDS, AGENCIES, COMMISSIONS TRANSFERS TO CAPITAL TRANSFERS TO RESERVES, RESERVE FUNDS INTERNAL TRANSFERS TOTAL EXPENSES REVENUES LESS EXPENSES 2011 ACTUALS as at October 31, 2011 2011 BUDGET PROJECTED F -2011 -49 $ VARIANCE NiagaraJalls December 12, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -58 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $4,680,183.44 for the period November 10, 2011 to November 24, 2011. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: Todd Harrison, Dire of Finance Ken Todd, Chief Administrative Officer F- 2011 -58 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 0808414 BC LTD C/O POST FOODS CANADA - TAX DEPT 29R 1218736 ONTARIO LTD 1254265 ONTARIO LIMITED 1448040 ONTARIO INC 1560242 ONTARIO INC 1660776 ONTARIO INC /ROSE DONATELLI 1760018 ONTARIO INC 2075790 ONTARIO INC 2095527 ONTARIO LTD 2232560 ONTARIO INC 367359 ONTARIO LTD 396101 ONTARIO LIMITED 471791 ONTARIO INC 525230 ONTARIO LTD CANADIAN NIAGARA HOTELS 547554 ONTARIO LIMITED 786 HAMDANI LTD 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTING A B C RECREATION LTD A J STONE COMPANY LTD A N MYER SECONDARY SCHOOL Al ASPHALT MAINTENANCE ACKLANDS GRAINGER INC ADVANCE TOWING ADVANCE TOWING ADVANTAGE PRODUCTS AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES ALEXSON 1998 INC ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL GREEN IRRIGATION ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED MEDICAL INSTRUMENTS INC ALT,LORI ALTEC INDUSTRIES LTD AMALGAMATED TRANSIT UNION #1582 ANGELO ROSSI GALLERIA ANGLE,BETH ANGLE,BETH ANTHONY'S EXCAVATING CENTRAL INC APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC APPLIED GEOLOGICS INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARIVA ARMSTRONG,JIM ARTISTA DESIGN & PRINT INC B & C TRUCK CENTRE B & C TRUCK CENTRE BANNERMAN,MAJA BANNERMAN,MAJA BARCLAY & TODD'S BARRICELLI,ANGELO & KRYSTYNA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELLE,MICHAEL BENADIR HOLDINGS INC BERNAT,CLARK BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIGGARS KEY SHOP BOB ROBINSON & SON CONSTRUCTION BORILE,ANTONIO & LORNA BOUTILIER,J Cheque No. Cheque Date Purpose 350615 24- Nov -2011 350616 24- Nov -2011 350617 24- Nov -2011 350618 24- Nov -2011 350619 24- Nov -2011 350620 24- Nov -2011 350621 24- Nov -2011 350622 24- Nov -2011 350623 24- Nov -2011 350433 16- Nov -2011 350624 24- Nov -2011 350625 24- Nov -2011 350626 24- Nov -2011 350669 24- Nov -2011 350627 24- Nov -2011 350628 24- Nov -2011 350434 16- Nov -2011 350630 24- Nov -2011 350439 16- Nov -2011 350642 24- Nov -2011 350629 24- Nov -2011 350631 24- Nov -2011 350435 16- Nov -2011 350632 24 Nov - 2011 350633 24- Nov -2011 350436 16- Nov -2011 350438 16- Nov -2011 350634 24- Nov -2011 350635 24- Nov -2011 350441 16- Nov -2011 350442 16- Nov -2011 350443 16- Nov -2011 350636 24- Nov -2011 350637 24- Nov -2011 350638 24- Nov -2011 350444 16- Nov -2011 350445 16- Nov -2011 350446 16- Nov -2011 350639 24- Nov -2011 350640 24- Nov -2011 350447 16- Nov -2011 350448 16- Nov -201 1 350641 24- Nov -2011 350449 16- Nov -2011 350450 16- Nov -2011 350643 24- Nov -2011 350879 24- Nov -2011 350452 16- Nov -2011 350451 16- Nov -2011 350644 24- Nov -2011 350645 24- Nov -2011 350646 24- Nov -2011 350453 16- Nov -2011 350456 16- Nov -2011 350649 24- Nov -2011 350454 16- Nov -2011 350647 24- Nov -2011 350455 16- Nov -2011 350648 24- Nov -2011 350458 16- Nov -2011 350459 16- Nov -2011 350460 16- Nov -2011 350650 24- Nov -2011 350651 24- Nov -2011 350652 24- Nov -2011 350653 24- Nov -2011 350461 16- Nov -2011 350462 16- Nov -2011 350654 24- Nov -2011 350655 24- Nov -2011 350656 24- Nov -2011 350657 24- Nov -2011 350658 24- Nov -2011 REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND LICENSE AGREEMENT REFUND - PARKING TICKET REFUND REFUND REFUND REFUND REFUND REFUND MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS SERVICES SERVICES MATERIALS SERVICES MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS TRAINING MATERIALS PAYROLL REMITTANCE MATERIALS TRAVEL /MILEAGE MATERIALS SERVICES CONSULTING SERVICES CONSULTING SERVICES SUBSCRIPTION RENEWL JAN 1 201: MATERIALS SERVICES MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS REFUND SERVICES SERVICES SERVICES SERVICES SERVICES REFUND REFUND TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND REFUND Page 1 of 6 Amount 17,471.05 4,638.17 4,460.15 14,681.65 7,495.61 2,020.70 16,050.45 993.17 1,130.00 16.00 1,809.22 3,089.72 5,182.41 5,832.84 1,316.15 57,223.90 2,825.00 9,605.00 239.91 100.00 122,01 1.82 4.98 395.50 367 25 886.77 110.59 3,228.11 5,283.49 1,483.96 487,482.01 135,499.05 191,608.45 215,082.95 32,870.39 1,681.44 514.77 1,477.55 200.00 3,484.21 2,659.60 1,469.00 113.88 200.00 3,890.03 8,403.81 14,209.19 55,935.00 1,865.88 1,115.22 162.31 393.57 150.00 2,305.20 697.45 542.87 132.29 133.95 338.90 512.68 18.30 318.10 89,710.49 134.94 14.63 4,903.47 46,247.81 704.72 1,038.30 791.00 530.02 20,073.89 479.06 30.40 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BOYS & GIRLS CLUB OF NIAGARA BRADSHAW IRON WORKS LIMITED BRINKS CANADA LTD BROCK AUTOMOTIVE BURKE,GARY BUTERA,ALDO, TRUSTEE BUTERA,JOE C I BURLAND PROPERTIES C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CALE SYSTEMS INC CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM SERVICE CANADIAN LINEN & UNIFORM SERVICE CANADIAN NATIONAL CANADIAN NIAGARA HOTELS INC CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN URBAN TRANSIT ASSOC CANADIAN URBAN TRANSIT ASSOC CANESTRARO,JUSTIN CANPAGES CANPAR TRANSPORT L.P. CANPAR TRANSPORT I. P CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARR MCLEAN CASTLE MECHANICAL CATARACT COLLISION CENTRE CDM ENERGY SERVICES CEDAR SPRINGS CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTRAL TRANSPORTATION REPAIRS INC CENTURY VALLEN CENTURY VALLEN CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHU,PHONG& WU, MING 01 CIMCO REFRIGERATION CLASSIC FIRE PROTECTION INC CLINTAR LANDSCAPE MANAGEMENT o/a 1719313 ONTARIO CLUB ITALIA ORDER OF SONS OF ITALY C -MAX FIRE SOLUTIONS C -MAX FIRE SOLUTIONS COLLABORATIVE STRUCTURES LIMITED COLLEE,DOUGLAS COLOSIMO,DORIS COMMISSIONAIRES COMMISSIONAIRES CONTINENTAL TIRE CANADA INC COONS,KEVIN COSTA,ANTHONY& COSTA, GABRIELE COTTON INC COURTICE INDUSTRIES INC CRAWFORD & COMPANY (CANADA) INC CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CYTEC CANADA INC. D K TECHNICAL SERVICES INC D K TECHNICAL SERVICES INC DALTON,LINDA DAMARIO,TONY DANYAAL ENTERPRISES LTD DARCH FIRE DAVIDSON ENVIRONMENTAL DELCAN CORPORATION DELL CANADA INC DESIGN ELECTRONICS DESIGN ELECTRONICS DILTS PISTON HYDRAULICS INC DIODATI,JIM DIVAL SAFETY & SUPPLIES OF CANADA Cheque No. 350659 350660 350661 350662 350464 350663 350664 350682 350488 350665 350465 350467 350667 350668 350670 350466 350673 350470 350674 350471 350675 350666 350671 350469 350672 350472 350676 350677 350473 350474 350475 350678 350476 350477 350478 350479 350679 350480 350680 350681 350481 350482 LIMI1 350683 350684 350483 350685 350686 350687 350688 350484 350689 350485 350690 350692 350486 350487 350693 350694 350695 350696 350493 350705 350489 350697 350698 350490 350699 350700 350701 350491 350702 350703 350704 350492 Cheque Date Purpose 24- Nov -2011 GRANT 24- Nov -2011 MATERIALS 24- Nov -2011 SERVICES 24- Nov -2011 MAINTENANCE /REPAIRS 16- Nov -2011 REIMBURSEMENT 24- Nov -2011 REFUND 24- Nov -2011 REFUND 24- Nov -2011 REFUND 16- Nov -2011 CONTRACT SERVICES 24- Nov -2011 SERVICES 16- Nov -2011 MATERIALS 16- Nov -2011 MATERIALS 24- Nov -2011 MATERIALS 24- Nov -2011 CONTRACT SERVICES 24- Nov -2011 REFUND 16- Nov -2011 CONTRACT SERVICES 24- Nov -2011 LEASES AND RENTS 16- Nov -2011 MAINTENANCE /REPAIRS 24- Nov -2011 MATERIALS 16- Nov -2011 ADVERTISING 24- Nov -2011 TRAINING 24- Nov -2011 REFUND 24- Nov -2011 CONTRACT SERVICES 16- Nov -2011 SERVICES 24 -Nov -2011 SERVICES 16- Nov -2011 MATERIALS 24- Nov -2011 MATERIALS 24- Nov -2011 MATERIALS 16- Nov -2011 MATERIALS 16- Nov -2011 VEH ID# 51 16- Nov -2011 SERVICES 24- Nov -2011 SERVICES 16- Nov -2011 MATERIALS 16- Nov -2011 CONTRACT SERVICES 16- Nov -2011 MATERIALS 16- Nov -2011 MATERIALS 24- Nov -2011 MATERIALS 16- Nov -2011 MATERIALS 24- Nov -2011 MATERIALS 24- Nov -2011 REFUND 16- Nov -2011 MATERIALS 16- Nov -2011 MATERIALS 24- Nov -2011 SERVICES 24- Nov -2011 MATERIALS 16- Nov -2011 VEH ID# 571 24- Nov -2011 SERVICES 24- Nov -2011 CONTRACT SERVICES 24- Nov -2011 TRAVEL /MILEAGE 24- Nov -2011 REFUND 16- Nov -2011 CONTRACT SERVICES 24- Nov -2011 CONTRACT SERVICES 16- Nov -2011 MATERIALS 24- Nov -2011 REFUND 24- Nov -2011 REFUND 16- Nov -2011 MATERIALS 16- Nov -2011 REFUND - DAMAGE DEPOSIT 24- Nov -2011 SERVICES 24- Nov -2011 MATERIALS 24- Nov -2011 PAYROLL REMITTANCE 24- Nov -2011 REFUND 16- Nov -2011 MAINTENANCE /REPAIRS 24- Nov -2011 MAINTENANCE /REPAIRS 16- Nov -2011 REFUND 24- Nov -2011 REFUND 24- Nov -2011 REFUND 16- Nov -2011 VEH ID# 596 24- Nov -2011 MATERIALS 24- Nov -2011 CONTRACT SERVICES 24- Nov -2011 SERVICES 16- Nov -2011 MATERIALS 24- Nov -2011 MATERIALS 24- Nov -2011 MATERIALS 24- Nov -2011 TRAVEL /MILEAGE 16- Nov -2011 MATERIALS Page 2 of 6 Amount 16,066.67 2,237.40 1,809.39 3,235.02 3,000.00 531.81 750.00 33,067.63 5,524.84 1,652.06 584.78 619.52 836.11 3,774.87 3,355.13 1,105.91 3,559.50 851.29 5,190.71 339.00 1,689.35 50.62 113.00 63.24 47 48 1,249.72 428.04 156.51 240.13 963.21 678.00 483.64 1,061.64 118,364.33 2,873.09 596.64 652.41 214.38 465.36 349.42 13,149.16 83.06 305.10 4,503.08 444.62 558.22 590,805.91 45.00 40.00 80.57 21,788.06 2,097.28 150.00 2,044.14 961.42 750.00 1,848.00 500.15 8,458.76 8,172.86 211.88 1,828.79 146.62 150.00 7,801.22 520.37 94.92 10,024.58 11,238.98 647.56 54,436.28 539.87 1,155.00 959.62 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DR. GHAZANFAR,AHMED DULUX PAINTS DUNN AND DRUMMOND INCORPORATED DYNAMIC DISPLAYS LTD E S FOX ENTERPRISES INC E.R.A. ARCHITECTS INC E3 LABORATORIES EASTGATE TRUCK CENTRE EASTGATE TRUCK CENTRE EMCO CORPORATION EMCO CORPORATION ENBRIDGE ENBRIDGE E -QUIP RENTALS & REPAIRS INC EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS ELECTRIC INC FALLSVIEW GOLF INC FALVO CONSTRUCTION FARE LOGISTICS FASTENAL CANADA FAVERO'S CAR WASH! LIMITED FEHRS TROPHY & ENGRAVING FEREN SIGNS & AWNINGS LTD FIFE,BRANDON FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLYING SAUCER DRIVE -IN LIMITED FNF CANADA COMPANY IN TRUST FONTASY SIGN & DISPLAY INC FORLIN,KATHY FORMISANO,ADRIANO GALES GAS BARS GALES GAS BARS GARLUND PROPERTIES INC GAULD NURSERIES LTD GEORGIAN COLLEGE GLENTEL WIRELESS CENTRE GLOBAL LEARNING INC GOODLIFE FITNESS - CORPORATE WELLNESS GOODLIFE FITNESS - CORPORATE WELLNESS GOODMAN,MARK GOODY,ROBERT GOYAL,PERMOD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA BASEBALL ASSOCIATION GREENFIELD GROUP LTD GROUND AERIAL MAINTENANCE LTD GRUMME,BARBARA GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUALTIERI,LINDA & JOHN GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY H D UTILITIES SUPPLY HALCO MOBILE MFG SALES & SERVICE INC HELIAS ENTERPRISES LTD HEMSON CONSULTING LTD HENDERSON RECREATION EQUIPMENT LIMITED HERNANDEZ,GUITERREZ, EDWARDO HICKS MORLEY HAMILTON STEWART STORIE LLP HIGGINS,KEVIN DOUGLAS HISTORIC NIAGARA DEVELOPMENT INC HOGARTH,GARY HOLMAN,GEOFF HYDRO ONE NETWORKS INC INNOVATIVE SURFACE SOLUTIONS CANADA INSITUFORM TECHNOLOGIES LIMITED JAD -MEDIA JAIN,VINOD& JAIN, TRISHIA DEVI Cheque No. Cheque Date 350437 16- Nov -2011 350706 24- Nov -2011 350707 24- Nov -2011 350708 24- Nov -2011 350715 24- Nov -2011 350714 24- Nov -2011 350709 24- Nov -2011 350494 16- Nov -2011 350710 24- Nov -2011 350495 16- Nov -2011 350712 24- Nov -2011 350496 16- Nov -2011 350713 24- Nov -2011 350497 16- Nov -2011 350498 16- Nov -2011 350716 24- Nov -2011 350717 24- Nov -2011 350499 16- Nov -2011 350719 24- Nov -2011 350718 24- Nov -2011 350723 24- Nov -2011 350720 24- Nov -2011 350500 16- Nov -2011 350721 24- Nov -2011 350501 16- Nov -2011 350502 16- Nov -2011 350722 24- Nov -2011 350503 16- Nov -2011 350724 24- Nov -2011 350725 24- Nov -2011 350726 24- Nov -2011 350504 16- Nov -2011 350505 16- Nov -2011 350727 24- Nov -2011 350506 16- Nov -2011 350728 24- Nov -2011 350729 24- Nov -2011 350507 16- Nov -2011 350508 16- Nov -2011 350732 24- Nov -2011 350509 16- Nov -2011 350510 16- Nov -2011 350733 24- Nov -2011 350734 24- Nov -2011 350735 24- Nov -2011 350736 24- Nov -2011 350511 16- Nov -2011 350737 24- Nov -2011 350738 24- Nov -2011 350512 16- Nov -2011 350513 16- Nov -2011 350739 24- Nov -2011 350514 16- Nov -2011 350740 24- Nov -2011 350741 24- Nov -2011 350515 16- Nov -2011 350742 24- Nov -2011 350516 16- Nov -2011 350744 24- Nov -2011 350743 24- Nov -2011 350745 24- Nov -2011 350517 16- Nov -2011 350518 16- Nov -2011 350519 16- Nov -2011 350520 16- Nov -2011 350731 24- Nov -2011 350746 24- Nov -2011 350521 16- Nov -2011 350522 16- Nov -2011 350747 24- Nov -2011 350749 24- Nov -2011 350750 24- Nov -2011 350432 14- Nov -2011 350751 24- Nov -2011 Purpose REFUND MATERIALS REFUND MATERIALS REFUND CONSULTING SERVICES SERVICES MATERIALS VEH ID# 83 MATERIALS MATERIALS UTILITIES UTILITIES LEASES AND RENTS MATERIALS MATERIALS SERVICES VEH ID# 310 MATERIALS REFUND MATERIALS MAINTENANCE /REPAIRS MATERIALS REFUND MATERIALS MATERIALS REFUND MATERIALS MATERIALS REFUND REFUND MATERIALS TRAVEL /MILEAGE REFUND FUEL VEH ID# 283 REFUND MATERIALS REGISTRATION FEES SERVICES ADMINISTRATIVE MEMBERSHIP MEMBERSHIP TRAVEL /MILEAGE TRAVEL /MILEAGE REFUND MATERIALS MATERIALS GRANT SERVICES MATERIALS REFUND MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS REFUND CONSULTING SERVICES CONTRACT SERVICES REFUND - PARKING TICKET SERVICES REFUND GRANT SERVICES TRAVEL /MILEAGE UTILITIES - RELOCATE MATERIALS CONTRACT SERVICES RICK HANSEN 25TH ANNIVERSARY REFUND Page 3 of 6 Amount 1,243.00 446.66 15,875.36 2,853.25 17,723.33 3,390.00 2,482.77 208.56 320.09 6,781.22 1,341.08 1,143.04 200.59 444.09 8,754.50 12, 772.92 354.82 1,816.93 98.22 16, 774.47 3,616.00 568.64 831.88 611.57 1,586.79 895.42 150.00 503.73 93.42 4,068.02 21,688.56 15, 305.85 116.48 535.12 1,296.23 500.88 9,991.12 107.35 292.00 68.87 565.00 1,205.36 1,732.66 45.00 1,969.05 1,156.09 614.12 260.86 5,300.00 2,723.30 162.72 906.54 1,199.23 1,397.54 1,331.87 12,985.74 3,729.00 1,788.25 2,214.69 155.37 12,099.55 9,330.51 5,542.13 25.00 16,200.80 115.03 3,502.86 50.00 86.32 1,805.14 4,571.92 20,370.87 725.00 3,185.09 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name JOE JOHNSON EQUIPMENT JR B CANUCKS JR B CANUCKS KARGO PROPERTIES INC KAUFMAN,KRIS KELLY DIGS LANDSCAPING KONE INC KRAMER DESIGN ASSOCIATES LIMITED KROWN RUST CONTROL KROWN RUST CONTROL KYJORMAC INC L CAMPBELL & ASSOCIATES LAKE'S MAINTENANCE LEGGE,DEBORAH LINCOLN APPLIANCE SERVICE CENTRE INC LINDE CANADA LIMITED LIPPERT & WRIGHT FUELS INC LOOPSTRA NIXON LLP M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MANOR CLEANERS MAPMOBILITY CORP MARI -LYNNE EASTLAND MARINELAND OF CANADA MARINELLI,GABRIELE MARRONE,LUIGI MATSON,BILL MAVALVALA,ADIL SAM MAXWELL PAPER CANADA INC MCCOLL BUNDY LIMITED MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD MCLEOD & SAVOIE AUTO AND TRUCK SERVICE LTD MEDIA PRO INC MEDICI,SALVATORE& VERRE, GREGORY MERIT CONTRACTORS NIAGARA METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING MIELE LIMITED MINGLE,JAMES JR& JONCAS, PATTI MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MIRABELLI,SAM MITCHELL,LOUIE MMM GROUP LIMITED MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY BROS & NORTHLAND SUPPLY MONTROSE REALTY ASSOCIATE CORPORATION MOORE,KENNETH ROY MOROCCO,JOHN MULLERS PROPERTIES INC C/O NIAGARA INDUSTRIAL MALL MUNICIPAL FINANCE OFFICERS ASSOC OF ONT MURPHY'S MUSIC MY COUNTRY DELICATESSEN NAPEV CONSTRUCTION LTD. NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS ART GALLERY NIAGARA FALLS CONCERT BAND NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS TOURISM NIAGARA INFLATABLES & GAMES INC. NIAGARA MAGAZINE GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC Cheque No. Cheque Date Purpose 350752 24- Nov -2011 MATERIALS 350523 16- Nov -2011 TICKET REVENUE - CLEARING 350753 24- Nov -2011 TICKET REVENUE - CLEARING 350754 24- Nov -2011 REFUND 350524 16- Nov -2011 REFUND 350525 16- Nov -2011 CONTRACT SERVICES 350755 24- Nov -2011 LEASES AND RENTS 350756 24- Nov -2011 MATERIALS 350526 16- Nov -2011 VEH ID# 309 350757 24- Nov -2011 VEH ID# 34 & 12 350758 24- Nov -2011 REFUND 350760 24- Nov -2011 CONTRACT SERVICES 350759 24- Nov -2011 MATERIALS 350527 16- Nov -2011 REFUND OUT OF POCKET EXPENSE 350530 16- Nov -2011 MATERIALS 350529 16- Nov -2011 MATERIALS 350531 16- Nov -2011 FUEL 350762 24- Nov -2011 CONSULTING SERVICES 350777 24- Nov -2011 MATERIALS 350541 16- Nov -2011 SERVICES 350763 24- Nov -2011 SERVICES 350764 24- Nov -2011 ADVERTISING 350711 24- Nov -2011 MATERIALS 350765 24- Nov -2011 REFUND 350766 24- Nov -2011 REFUND 350767 24- Nov -2011 REFUND 350532 16- Nov -2011 TRAVEL /MILEAGE 350533 16- Nov -2011 REFUND 350534 16- Nov -2011 MATERIALS 350768 24- Nov -2011 REFUND 350535 16- Nov -2011 VEH ID# 104 350769 24- Nov -2011 VEH ID# 100 350536 16- Nov -2011 MATERIALS 350771 24- Nov -2011 REFUND 350537 16- Nov -2011 CONTRACT SERVICES 350772 24- Nov -2011 MATERIALS 350538 16- Nov -2011 CONTRACT SERVICES 350539 16- Nov -2011 MATERIALS 350773 24- Nov -2011 REFUND 350775 24- Nov -2011 TRAINING 350774 24- Nov -2011 PAYROLL REMITTANCE 350776 24- Nov -2011 REFUND 350540 16- Nov -2011 REFUND 350542 16- Nov -2011 CONTRACT SERVICES 350543 16- Nov -2011 SERVICES 350778 24- Nov -2011 SERVICES 350779 24- Nov -2011 MATERIALS 350780 24- Nov -2011 REFUND 350781 24- Nov -2011 REFUND 350545 16- Nov -2011 TRAVEL /MILEAGE 350782 24- Nov -2011 REFUND 350783 24- Nov -2011 ADVERTISING 350546 16- Nov -2011 LEASES AND RENTS 350784 24- Nov -2011 MATERIALS 350785 24- Nov -2011 REFUND 350547 16- Nov -2011 VEH ID# 552 350786 24- Nov -2011 VEH ID# 483 350548 16- Nov -2011 MATERIALS 350787 24- Nov -2011 GRANT 350549 16- Nov -2011 ADVERTISING 350788 24- Nov -2011 GRANT 350789 24- Nov -2011 REMITTANCE 350790 24- Nov -2011 CONTRACT SERVICES 350791 24- Nov -2011 PAYROLL REMITTANCE 350792 24- Nov -2011 PAYROLL REMITTANCE 350793 24- Nov -2011 GRANT 350551 16- Nov -2011 MATERIALS 350552 16- Nov -2011 ADVERTISING 350794 24- Nov -2011 MATERIALS 350553 16- Nov -2011 UTILITIES 350554 16- Nov -2011 CONTRACT SERVICES 350555 16- Nov -2011 UTILITIES 350796 24- Nov -2011 CONTRACT SERVICES 350797 24- Nov -2011 UTILITIES Page 4 of 6 Amount 2,739.72 3,460.00 2,768.00 1,702.42 750.00 16,405.80 407.93 20, 645.19 141.19 271.09 12,991.61 6,026.86 764.45 325.29 88.14 2,431.62 46,061.51 683.65 570.54 822.06 54.18 3,362.32 1,141.30 29,621.32 36,101.10 162.77 101.40 350.00 155.94 107.56 2,427.14 84.75 64.05 2,792.89 48,535.19 8,362.00 3,898.50 367.80 1,501.66 1,495.00 2,292.58 150.00 150.00 9,952.07 389.02 409.75 2,079.20 2,973.69 13,681.38 227.24 10,226.01 197.75 395.50 131.19 3,068.05 9,519.01 155.69 475.45 33,202.33 6,068.10 2,250.00 2,200.00 62,711.83 6,892.80 7,012.91 30, 000.00 590.99 8,079.50 226.00 104.19 11,818.76 2,252.07 13,334.01 212,188.18 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA REGIONAL BROADBAND NETWORK NIAGARA SERVICE SUPPLY LTD NIAGARA THIS WEEK NIAGARA'S OWN LANDSCAPING INC NORJOHN CONTRACTING & PAVING LTD NORRIS,STEVE OACETT OAKWOOD PLACE SHOPPING CENTRE INC O'HARA TRUCKING & EXCAVATING ONTARIO BUILDING OFFICIALS ASSOCIATION NIAGARA CHAPTEI P &C COMPOSTECH INC PAM MEDVESKY TRANSCRIPTION SERVICES PARK TERRACE DEVELOPMENT CORP PATRICK,SUZANNE PELHAM MOTORS & GENERATORS INC. PEN FINANCIAL CREDIT UNION ACCT # 168872 PENINSULA ABSTRACT INC PENINSULA PURE WATER PENINSULA PURE WATER PEPIN,GHISLAINE GAGNON PERSPECTIVE MARKETING INC PHAM,GIANG PIGEON,ROGER PLAYPOWER LT CANADA INC T44069C PLAYPOWER LT CANADA INC T44069C PORTAGE BAKERY INC. PRAXAIR PRAXAIR PRIMERANO,ANTHONY FRANK PROJECT SHARE PROVINCIAL CONTRACTORS INC PURE WATER R W HAMILTON LTD RAINBOW PURE WATER RANKIN CONSTRUCTION INC RECEIVER GENERAL REGIONAL DOORS & HARDWARE REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RICHARDSON,MARK ROBERTS,DEAN& ROBERTS, MARY ROGERS WIRELESS INC SACCO,DOLORES SAFETY KLEEN CANADA INC SAFETY -KLEEN CANADA INC. OIL DIVISION SAIEVA,ANITA SAINT PAUL CATHOLIC HIGH SCHOOL SANI GEAR FIRE SANI GEAR FIRE SCOTIABANK CONVENTION CENTRE SENECA COLLEGE SENTINEAL CARRIAGES INC SERIANNI CONSTRUCTION LTD SERVICEMASTER CLEAN OF NIAGARA SESTAN HOLDINGS LTD SHARIFOV,ETIBAR& SHARIFOV, SARA SHORTHILLS TREE SERVICE INC SHRED IT KITCHENER SIGNATURE SIGNS SIX CARD SOLUTIONS USA CORP B9257 SON - HING,CECIL ST JOHN AMBULANCE ST MICHAEL SECONDARY SCHOOL STAMFORD COLLEGIATE STERNE,THOMAS ROBERT& CHENG, SUI QIONG STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STITCH IT CANADA'S TAILOR STOLL,MICHAEL R& STOLL, JOAN E STORAGE NIAGARA SULLIVAN MAHONEY SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD Cheque No. Cheque Date 350798 24- Nov -2011 350556 16- Nov -2011 350799 24- Nov -2011 350795 24- Nov -2011 350800 24- Nov -2011 350801 24- Nov -2011 350881 24- Nov -2011 350802 24- Nov -2011 350557 16- Nov -2011 350882 24- Nov -2011 350558 16- Nov -2011 350803 24- Nov -2011 350804 24- Nov -2011 350805 24- Nov -2011 350806 24- Nov -2011 350559 16- Nov -2011 350808 24- Nov -2011 350560 16- Nov -2011 350807 24- Nov -2011 350809 24- Nov -2011 350561 16- Nov -2011 350810 24- Nov -2011 350811 24 -Nov -2011 350562 16- Nov -2011 350812 24- Nov -2011 350813 24- Nov -2011 350563 16- Nov -2011 350814 24- Nov -2011 350816 24- Nov -2011 350817 24- Nov -2011 350818 24- Nov -2011 350819 24- Nov -2011 350824 24- Nov -2011 350820 24- Nov -2011 350564 16- Nov -2011 350821 24- Nov -2011 350823 24- Nov -2011 350822 24- Nov -2011 WIRE 15- Nov -2011 350565 16- Nov -2011 350566 16- Nov -2011 350567 16- Nov -2011 350568 16- Nov -2011 350569 16- Nov -2011 350825 24- Nov -2011 350826 24- Nov -2011 350827 24- Nov -2011 350570 16- Nov -2011 350828 24- Nov -2011 350829 24- Nov -2011 350572 16- Nov -2011 350573 16- Nov -2011 350574 16- Nov -2011 350830 24- Nov -2011 350831 24- Nov -2011 350832 24- Nov -2011 350833 24- Nov -2011 350575 16- Nov -2011 350576 16- Nov -2011 350834 24- Nov -2011 350577 16- Nov -2011 350839 24- Nov -2011 350840 24- Nov -2011 350835 24- Nov -2011 350836 24- Nov -2011 350578 16- Nov -2011 350837 24- Nov -2011 350838 24- Nov -2011 350841 24- Nov -2011 350842 24- Nov -2011 350579 16- Nov -2011 350843 24- Nov -2011 350580 16- Nov -2011 350844 24- Nov -2011 Purpose SERVICES MATERIALS ADVERTISING CONTRACT SERVICES CONTRACT SERVICES SERVICES MEMBERSHIP CASTRILLI REFUND MATERIALS TRAINING VARIOUS MATERIALS SERVICES REFUND REFUND MAINTENANCE /REPAIRS MATERIALS SERVICES SERVICES SERVICES REFUND ADVERTISING REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND BP- 2011 -1086 GRANT MATERIALS SERVICES MATERIALS SERVICES MATERIALS PAYROLL REMITTANCE MATERIALS CONTRACT SERVICES HIRAM ST COST SHARING REFUND TAX OVER/PYMT 09000243200 SERVICES PETTY CASH MATERIALS MATERIALS REFUND SERVICES MATERIALS MATERIALS SERVICES CONSULTING SERVICES SERVICES CONTRACT SERVICES SERVICES GRANT REFUND CONTRACT SERVICES SERVICES MATERIALS SERVICES REFUND PRKG C0130935 GRANT SERVICES SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES SERVICES REFUND SERVICES CONSULTING SERVICES REMITTANCE FUEL MATERIALS Page 5 of 6 Amount 2,781.29 2,057.19 2,067.90 5,133.31 17,139.23 103.90 228.99 4,405.85 4,633.28 904.00 50.85 4.95 1,738.69 124.29 187.58 60.00 168.04 445.00 195.00 248.13 1,073.50 1,466.64 134.46 29.38 137.86 422.50 304.59 129.50 750.00 24,866.67 20,843.08 23.00 90.45 395.50 5,156.79 351,811.30 146.90 3,017.10 213,362.54 150.00 239.23 1,546.46 574.77 431.17 5,350.44 1,612.98 100.00 457.82 581.67 1,059.94 904.00 395.50 5,650.00 2,856.64 8,751.00 3,067.41 9,040.00 88.30 2,193.40 160.10 20.58 2,491.67 100.00 100.00 2,179.83 3,955.00 69,635.35 83.40 177.96 288.15 60,342.18 1,085.95 25,255.27 451.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TALK WIRELESS INC TAMM COMMUNICATIONS INC TAYLORS WATER SERVICE TECHNICAL STANDARDS & SAFETY AUTHORITY TEIBERT,GEORGE TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TERMA HOLDINGS INC THE REVIEW THE REVIEW TIM HORTONS STORE #30 TORBRAM ELECTRIC SUPPLY TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TORONTO STAMP INC TRACTION HAMILTON TRACTION HAMILTON TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSCONTINENTAL NOVA SCOTIA/HOLIDAY MEDIA TRAVELPIC NIAGARA FALLS TRENDLE,BEN TURF CARE PRODUCTS CANADA LIMITED UNITED WAY UPPER CANADA CONSULTANTS UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC VECCHIO,VINCENZO& VECCHIO, TERESA VIKING CIVES LTD VIKING LIVES LTD WALDICK,NEIL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,JOHN WALSH,MICHAEL& ABDUL, BERNARD WALTON,FRANCES WASTE MANAGEMENT WATERS,RON WATSON & ASSOCIATES ECONOMISTS LTD WESTLANE SECONDARY SCHOOL WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WICKS,GEORGE EDWARD& WICKS, PAMELA WILSON,BILL WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WORK EQUIPMENT LTD WORK EQUIPMENT LTD WSIB WSIB WTH CAR RENTAL ULC WYLIE,BRENDA YELLOW PAGES GROUP YMCA YMCA YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD YWCA ZEP SALES & SERVICE OF CANADA Cheque No. Cheque Date Purpose 350846 24- Nov -2011 SERVICES 350582 16- Nov -2011 ADVERTISING 350847 24- Nov -2011 SERVICES 350583 16- Nov -2011 LEASES AND RENTS 350584 16- Nov -2011 REFUND 350585 16- Nov -2011 SERVICES 350586 16- Nov -2011 SERVICES 350587 16- Nov -2011 REFUND BP- 2011 -0025 350588 16- Nov -2011 ADVERTISING 350589 16- Nov -2011 SUBSCRIPTION 350590 16- Nov -2011 MATERIALS 350591 16- Nov -2011 MATERIALS 350848 24- Nov -2011 MATERIALS 350592 16- Nov -2011 VEH ID# 572 350849 24- Nov -2011 CONTRACT SERVICES 350850 24- Nov -2011 MATERIALS 350593 16- Nov -2011 MATERIALS 350851 24- Nov -2011 MATERIALS 350594 16- Nov -2011 MATERIALS 350852 24- Nov -2011 MATERIALS 350853 24- Nov -2011 ADVERTISING 350595 16- Nov -2011 MATERIALS 350596 16- Nov -2011 TRAVEL /MILEAGE 350597 16- Nov -2011 MATERIALS 350854 24- Nov -2011 PAYROLL REMITTANCE 350855 24- Nov -2011 CONTRACT SERVICES 350598 16- Nov -2011 COURIER 350599 16- Nov -2011 CONSULTING SERVICES 350856 24- Nov -2011 CONSULTING SERVICES 350857 24- Nov -2011 REFUND 060 015 12700 350600 16- Nov -2011 VEH ID# VARIOUS 350858 24- Nov -2011 MATERIALS 350861 24- Nov -2011 TRAVEL /MILEAGE 350602 16- Nov -2011 SERVICES 350860 24- Nov -2011 SERVICES 350601 16- Nov -2011 MATERIALS 350859 24- Nov -2011 MATERIALS 350603 16- Nov -2011 TRAVEL /MILEAGE 350862 24- Nov -2011 REFUND 350863 24- Nov -2011 SENIOR TAX REBATE 350604 16- Nov -2011 SERVICES 350864 24- Nov -2011 REFUND 350865 24- Nov -2011 CONSULTING SERVICES 350867 24- Nov -2011 SERVICES 350605 16- Nov -2011 MATERIALS 350866 24- Nov -2011 MATERIALS 350606 16- Nov -2011 REFUND BP- 2011 -0419 350868 24- Nov -2011 REFUND DRIVER MEDICAL 350869 24- Nov -2011 SERVICES 350607 16- Nov -2011 REMITTANCE 350870 24- Nov -2011 GRANT 350871 24- Nov -2011 GRANT 350608 16- Nov -2011 MATERIALS 350872 24- Nov -201 1 VEH ID# 291 350609 16- Nov -2011 REMITTANCE 350873 24- Nov -2011 REMITTANCE 350610 16- Nov -2011 REFUND PRKG C0128926 350874 24- Nov -2011 PETTY CASH 350611 16- Nov -2011 ADVERTISING 350612 16- Nov -2011 SERVICES 350875 24- Nov -2011 SERVICES 350613 16- Nov -2011 MATERIALS 350876 24- Nov -2011 MATERIALS 350877 24- Nov -2011 GRANT 350878 24- Nov -2011 MATERIALS Page 6 of 6 Amount 964.91 3,121.72 60.00 1,251.95 150.00 169.49 90.40 750.00 18,973.11 257.84 55.87 27.65 134.47 213.68 98,242.20 45.43 224.42 420.37 281.67 374.09 1,534.54 325.44 171.55 122.63 1.027 -00 9,994.90 35.02 1,669.58 15,208.44 668.87 2,394.53 47.01 169.76 79.50 16.95 2,378.03 2,224.76 20.00 2,449.80 40.00 71.78 150.00 336.18 100.00 320.02 1,315.32 750.00 80.00 65.00 48.00 14, 214.29 1,612.50 2,600.29 255.46 3,256.92 1,130.98 20.00 699.60 119.67 6,394.04 12, 017.34 1,939.27 947.93 4,277.75 717.30 Total 4,680,183.44 NiagaraFalts REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -49 Decorative Entrance Features in New Developments Policy and Procedure MW- 2011 -49 December 12, 2011 That Council continue to support the current practice of constructing decorative walls in new developments on private property. That the report be referred back to staff to provide further information on provision of clauses in Subdivision Agreements, a perpetual care fund and possible quality design standards. Decorative Walls have been constructed by Developers to promote sales within their projects and to create a sense of place or identity within the community. To date, Developers have been required to construct them on private property. While these features enhance the aesthetics of the area, they serve no municipal function in terms of public safety or service. Obligations for future maintenance have been passed on to adjacent property owners. The purpose of this report is to clarify the City's role in the perpetual care and maintenance of these features. Decorative walls are usually constructed in developments that are adjacent to collector roads such as Montrose Road and Kalar Road to enhance the appearance of the entry feature to the subdivision. They serve to provide an identity for the development while providing an aesthetically pleasing entrance that promotes the development of the subdivision. In some cases, decorative fencing is included to enhance the theme of the development. Many of these gateway features are established in areas where the development has little or no frontage on a public road or where the project proposes reverse lot frontages. These subdivision designs create ambiguity about responsibility and ownership of the boulevard areas and the features therein. The current guidelines established by the Environmental Planning and Greening Committee (now Park in the City Committee) in 1989 were adopted by Council in October of that year. December 12, 2011 - 2 - MW- 2011 -49 While there is no requirement of Developers to construct gateways or decorative fencing the current policy requires these features to be shown on an approved Landscape Plan and located on private property. Developers have passed the obligation to maintain and repair these features to adjacent owners through their Purchase /Sale Agreements. Homeowners are questioning why they have this obligation as it becomes an expensive undertaking with very little value to their respective property. ANALYSIS /RATIONALE A recent survey of other municipalities to determine their practices relative to this matter revealed that the City's current procedure is being shared by virtually all. Some municipalities have included warning clauses in Subdivision Agreements to alert future homeowners to this condition. Other alternatives to be considered include; 1. Do not permit gateway features. 2. Permit construction of permanent features on municipal property (road allowance) with the provision of funds for perpetual care. 3. Permit construction of temporary features that will be removed prior to the assumption of the subdivision. Staff has been requested to look at policies for addressing existing gateway /decorative fencing features. In every case, these features have been constructed on mutual property lines or entirely on private property with specific provisions registered on the title of the adjacent properties setting out responsibility for continued maintenance even after the development is assumed by the City. While staff prefers individual property owners to fulfill this obligation, they recognize the financial hardship it may impose. As they deteriorate, they may become hazardous or unsightly prompting enforcement requests under the City's Property Standards By -law. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The current policy requires these walls to be constructed on private property. This alleviates the City from liability claims when the wall requires future maintenance. As well, the City currently does not have any cost obligations in terms of future maintenance for either material or labour. Clauses have been included in recent Subdivision Agreements requiring Developers to place warning clauses in Purchase and Sale Agreements alerting potential lot owners to this condition. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's Strategic Priorities to establish infrastructure priorities. December 12, 2011 - 3- LIST OF ATTACHMENTS 1 Location Plan Recommended by: Respectfully submitted: Geoff Holman /Rick Volpini Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer MW-2011-49 Decorative Wall Location 1. Mt Carmel By at Kalar Rd 2. Mt Carmel By at Montrose Rd 3. Cardinal Dr at Montrose Rd 4. Imperial Ct at Dorchester Rd 5. Marcon St at Kalar Rd 6. McGarry Dr at Kalar Rd 7. Joseph Ct at McGarry Dr 8. South Wood Dr at Montrose Rd 9. Cameron Ct at Montrose Rd 10. Costabile Dr at Kalar Rd 11. Beaver Valley Wy at Beaverdams Rd 12. Vegter Ct at Kalar Rd 13. Hendershot By at Kalar Rd 14. January Dr at Mountain Rd (West) 15. January Dr at Mountain Rd (East) 16. Calaguiro Dr at Dorchester Rd 17. Mountaingate Dr at Portage Rd Road er held liab ume all asks ay be repr without • is K: \GIS_Requests \2011 \Custom\ Internal \Mun Works \DecorativeWall.map November 2011 Niagarajnlls 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 -57 December 12, 2011 MW- 2011 -57 Transfer of Pumping Stations to Region of Niagara Garner Southwest and Grassy Brook Pumping Stations That the City of Niagara Falls request the Niagara Region to assume ownership and operating responsibilities of the Garner Southwest and Grassy Brook Pumping Stations subject to the transfer conditions and in accordance with the Region's policy (PW4.W06). The City of Niagara Falls Council authorized the transfer of ownership of all sewage pumping stations and forcemains to the Niagara Region in March 2006. In June of 2010, the Niagara Region established a new policy framework that established the terms and conditions under which the ownership and operation of new and existing pumping stations would be transferred. The City owns three pumping stations, two of which have met the transfer criteria and are the subject of this report. The Garner Southwest and the Grassy Brook Pumping Stations have been completed and their warranty periods have now expired. The third, Mewburn Road Pumping Station is currently being reviewed to assess its long term need and location. The City is in favour of this transaction as it avoids monthly maintenance costs of $3,000 per pumping station and will result in a future payment in lieu from the Region for their ownership of each pumping station. The City will see a reduction in its Tangible Capital Asset values by the net book value of approximately $5.8 million. In the year of transfer this will be shown as a Toss on disposal of fixed assets. This recording of this transaction is required based on accounting rule changes as related to tangible capital assets. Once completed, the transaction will result in the appropriate ownership of assets by municipal entity. The debenture associated with the original construction will continue to remain with the City and be funded from future development charges. The purpose of this report is to initiate the transfer process by passing a resolution formally requesting the Region to assume the ownership and operating responsibilities of these two facilities. December 12, 2011 BACKGROUND The Garner South West Pumping Station is located on Kalar Road just south of Brown Road in the City's Montrose Business Park. Its design and construction were based on a Schedule C Environmental Assessment process and constructed in anticipation of new development opportunities within the Garner South Secondary Plan. The Garner Southwest Pumping Station was constructed under Contract #2007 - 177 -06 at a cost of $2,851,716.81. The Grassy Brook Pumping Station is located on Montrose Road just south of Baden Powell Park. The design parameters for this station were established through a Schedule C Environmental Assessment process and constructed in anticipation of development opportunities with the Grand Niagara Resort project and to address health concerns related to the planned expansion at Minacs. The Grassy Brook Pumping Station was constructed under Contract # 2007 - 180 -06 at a cost of $2,048,483.42 At its meeting on March 20, 2006 Council adopted the staff recommendations set out in report MW- 2006 -29 approving the transfer of ownership of all City -owned Pumping Stations to the Region of Niagara. Over the course of the past five years, three Pumping stations were transferred including the facilities at Calaguiro Estates, Neighbourhood of St. David's and one located near the Yogi Bear Campground on Oakwood Drive. The Garner Southwest and Grassy Brook Pumping Stations were constructed in 2008 and 2009 respectively. The Garner Southwest facility has been maintained by the contractor since its completion and is ready for full operation to accommodate the effluent coming from the Region's Biosolids facility and the Warren Woods Plan of Subdivision. The Grassy Brook facility has been maintained by the Region on the City's behalf (and expense) under the terms of an Operating Agreement approved by Council in report MW- 2009-36 at its meeting on May 25, 2009. A location plan has been attached for your reference. (See attachment 1) ANALYSIS /RATIONALE Both of these pumping stations were constructed with the input from Niagara Region staff and there are no outstanding deficiencies. The Region's Policy for Sewage Pumping Stations and Forcemains (September 2010) sets out the specific terms under which a transfer will take place (see attachment 2). The alternative to transferring the ownership is to enter into an Operation and Maintenance Agreement and to pay for services rendered on a monthly basis. The costs of this service to the City is $3,000 per month. FINANCIAL AND LEGAL IMPLICATIONS - 2 - MW- 2011 -57 The City has two reasons to seek this asset transfer. Firstly, by transferring the ownership the City can avoid operating costs of up to $3,000 per month per station. Secondly, once the assets are transferred to the Region, a payment in lieu of taxes will be generated from the Region. December 12, 2011 The asset transfer will result in a reduction in the City's Tangible Capital Assets. The reduction in the asset value will be the net book value of approximately 5.8 million for the two pumping stations. This will result in a loss on disposal in the year of transfer. Although the initial impact will be a reduction to the value of assets, the transaction results in the appropriate entity owning the asset, recording amortization over its lifetime and planning for future re- investments. Both pumping station projects were identified as growth related capital projects. The pumping stations were a component of a larger investment in municipal infrastructure. The residual portion of each project will remain under City ownership. This will result in the City recording annual amortization and will plan for future re- investment. The total costs of both projects exceeded the available funds held in the Development Charge reserve at the time of completion. Council has previously approved a plan to borrow for the balance of the project with the servicing of this debenture being funded from future Development Charges. The Region's policy will not permit the transfer of the debt with the asset. Accordingly the City will retain the debt obligation to repay the debenture even after the assets are transferred to the Region. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council Strategic Priorities with respect to financial stability and infrastructure sustainability. LIST OF ATTACHMENTS 1. Location Plan 2. Niagara Region Policy PW4.W06 Recommended by: Respectfully submitted: Geoff Holman/Todd Harrison - 3- MW- 2011 -57 Geoff Holman, DYrector of Municipal Works Ken Todd, Chief Administrative Officer Location Map Garner South West and Grassy Brook Pumping Stations • sots 4 r K: \GIS_R- uests\ 2011\ Custom \ Internal \MunWorks \GarnerSouthPS.ma DEVELOPED BY: APPROVED BY: EFFECTIVE DATE: POLICY STATEMENT: PUBLIC WORKS DEPARTMENT REGIONAL COUNCIL July 1, 2010 PUBLIC WORKS POLICY MANUAL DATE: SEPTEMBER 23, 2010 LATEST REVISION: May 19, 2010 PW4.W06 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS Gravity sewers are the most reliable method of transferring sewage from the sanitary collection system to wastewater treatment facilities as the risk of sewer collapse or blockage is lower than the risk of pumping station mechanical failure or loss of electrical power. In addition, the life cycle cost of a sewer is generally lower than that of a pumping station. Given that there are limitations to the practical depth of gravity sewers, new Pumping Stations will be considered in situations where it can be shown that pumping is a more cost effective option than gravity. The need for a new pumping station, as well as an assessment of capacity of the downstream infrastructure, must be documented in engineering and /or planning studies such as the Wastewater Servicing Plans carried out by the Region and /or Area Servicing Plans prepared by the Local Area Municipality. The cost for a new pumping station required to accommodate growth is to be included in the Development Charges bylaw of the Region or Local Area Municipality in accordance with the roles and responsibilities regarding funding defined in this Policy. The Region will ultimately own, operate and maintain new pumping stations that are planned, funded, and constructed in accordance with the policy. Unless directed otherwise by a resolution of Regional Council, the Region shall not: • Fund any new pumping station or assume ownership of any existing pumping station from an area municipality that does not meet the requirements of this policy. • Operate or maintain any pumping station located on private property (with the exception of stations covered by existing agreements). • Operate or maintain any privately owned pumping station. Page 1 of 9 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS • Fund or assume ownership of any interim (i.e. temporary) pumping station. This amended policy supersedes the previous Sewage Pumping Stations and Forcemains policy that was approved by Regional Council May 31, 2005 (PWA 100 -2005) and came into effect September 1, 2005. PURPOSE The purpose of this policy is to: • Minimize the overall lifecycle costs associated with conveying sewage to wastewater treatment plants. • Minimize the risk of basement flooding and the risk of spills to the environment associated with conveying sewage to wastewater treatment plants. • Define a decision making process for when an area is to be serviced by gravity sewers versus a pumping station. • Delineate roles and responsibilities between the Region and local area municipalities for funding of new pumping stations. • Define procedures and conditions under which the Region will assume ownership of an existing pumping station currently owned by a local area municipality. • Define procedures under which the Region will operate and maintain sewage pumping stations on behalf of local area municipalities. • Minimize the number of sewage pumping facilities by ensuring that new stations are designed for the maximum drainage area that can be serviced by incoming gravity sewers. DEFINITIONS In this policy, the following definitions shall apply: PUBLIC WORKS POLICY MANUAL PW4.W06 Page 2 of 9 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS a. "Region" shall mean the Regional Municipality of Niagara b. "MOE Design Guidelines" shall mean the most current edition of the Ontario Ministry of the Environment Design Guidelines for Sewage Works. c. "Regional Design Standards" shall mean the most current version of the Region's Public Works Department Project Design and Technical Specifications Manual and includes the Region's most current SCADA standards, Process Control Narratives and Security Standards. d. "Life - cycle costs" shall mean all costs associated with the planning, development, approvals, design, construction, operation and maintenance of the new asset throughout its expected life. e. "Pumping Station" shall mean sanitary sewage pumping station. f. "Forcemain" shall mean the pressure pipe conveying sewage from the Pumping Station to the downstream collection system or wastewater treatment plant. g. PUBLIC WORKS POLICY MANUAL PW4.W06 "Maximum Drainage Area" shall mean the maximum area within an Urban Area Boundary that can be cost effectively serviced by a single pumping station in conjunction with incoming gravity sewers. The Maximum Drainage Area shall include areas beyond the Urban Area Boundary where there is a reasonable expectation that the boundary will be expanded in the future, but in no way shall be deemed as supporting an urban boundary expansion. h. "Wastewater Master Servicing Plan" shall mean a report which documents current wastewater flows and Regional infrastructure capacities and forecasts future flows and Regional infrastructure requirements based on population and employment growth projections. i. "Area Servicing Plans" shall mean plans such as Secondary Plans, or drainage area specific servicing plans which are prepared to address the development or redevelopment of large areas of land or neighbourhoods and include servicing studies identifying both local and Regional infrastructure requirements and Page 3 of 9 PUBLIC WORKS POLICY MANUAL PW4.W06 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS constraints. "Urban Area Boundary" shall mean as defined by the Region's Policy Plan and by Local Area Municipality Official Plans. k. "Dry Weather Flow" flows shall mean sewage flows experienced during a period of dry weather I. "Wet Weather Flows" shall mean sewage flows experienced during and following periods of wet weather and /or snowmelt during which the flows are significantly influenced by inflow /infiltration. m. "Interim Sewage Pumping Station" shall mean a facility that is intended for the short term only with the understanding that it will be replaced in the longer term with a gravity sewer and /or a pumping station that services a larger drainage area. n. "Combined Sewers" shall mean sewers that include both road drainage (catch basins) and private property connections (which may include foundation drain and /or roof leaders). o. "Partially Separated Sewers" shall mean sewers which do not have road drainage (catch basin) connections but have foundation drain and /or roof leader connections. Page 4 of 9 DESCRIPTION PUBLIC WORKS POLICY MANUAL PW4.W06 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS ESTABLISHMENT OF NEW SEWAGE PUMPING STATIONS The need for a new pumping station must be documented in engineering and /or planning studies such as the Wastewater Servicing Plans carried out by the Region and /or Area Servicing Plans prepared by the Local Area Municipality. The study is to assess the impact of the proposed flows on the downstream wastewater infrastructure including sewers, pumping stations and treatment plants. Where a new sewage pumping station is proposed by a local area municipality, a detailed life -cycle cost comparison between a sewage pumping station and a gravity sewer must be submitted to the Region by the municipality. Life cycle cost comparisons shall be undertaken as outlined in Schedule A to this Policy. No pumping station shall be constructed where, in the opinion of the Region, the construction of a gravity sewer is a viable and cost effective alternative. For all new pumping stations and forcemains, consideration shall be given to a catchment area that would meet the ultimate build -out needs of the Maximum Drainage Area that could be serviced by incoming sewers. Each proposed forcemain will be evaluated with regard to the potential for transient pressures and for odour and corrosion problems. The project design shall include pressure relief and odour and corrosion prevention measures as required. Where it is not possible to address these issues to the Region's satisfaction then further consideration will be given to a gravity solution and the degradation of downstream infrastructure will be included in the life cycle cost analysis. All new pumping stations and forcemains shall be designed and constructed in accordance with current MOE Design Guidelines and current Regional Design Standards. New forcemains will not be allowed to discharge to existing forcemains. Page 5 of 9 PUBLIC WORKS POLICY MANUAL PW4.W06 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS Niagara Region approvals for new pumping stations proposed by a local area municipality shall be obtained in accordance with the procedures outline in this policy. The Region will deal directly with the local area municipality in following these procedures and will not deal directly with any third party that may have an interest in the new station. Any cost sharing agreement involving a third party shall be with the local area municipality. The Region will assume ownership of a new pumping station from a local area municipality when the requirements of this pnlicy have been met, including the following specific criteria: i. a resolution is passed by the local municipal council to begin the transfer of ownership of the station to the Region; ii. the station meets the MOE Design Guidelines and the Regional Design Standards; iii. the design capacity of the station includes an allowance for inflow /infiltration (i.e. wet weather flows) to the satisfaction of the Region. In the case of new development, the allowance for Infiltration shall be as per the MOE Design Guidelines and Regional Design Standards. In the case of existing developed areas, the allowance for wet weather flows shall be decided on a case by case basis taking into consideration whether the area is serviced by combined, partially separated or fully separated sewers. In general, the Region will not allow the diversion of flows from an existing developed area to a new station where the existing peak wet weather flows from that developed area are more than two times existing peak dry weather flows (based on actual measurements from flow monitoring devices). The Region reserves the right not to allow flows to a new station from an existing area until inflow /infiltration is reduced to an acceptable level through sewer separation projects and /or other inflow /infiltration reduction measures. iv. any and all construction contract deficiencies have been addressed to the satisfaction of the Region; v. the appropriate Equipment and Operating Manuals have been received by the Region; vi. a set of as -built drawings has been provided to the Region; vii. the warranty period of any attached equipment has expired; Page 6 of 9 PUBLIC WORKS POLICY MANUAL PW4.W06 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS viii. the property, including the station and associated forcemain is transferred to the Region; ix. the Ministry of the Environment Certificate of approval has been amended to reflect the change in ownership. x. the region will only accept the property transfer, from private properties in Fee Simple, and must include access to a road and enough property for future expansion; xi. for those situations wherein a pumping station is on public lands, the Region will consider accepting ownership of the pumping station subject to an easement agreement with the property owner; xii. a resolution has been passed by Regional Council to assume ownership of the station. REGIONAL ASSUMPTION OF OWNERSHIP OF EXISTING PUMPING STATIONS The Region will consider assuming ownership of an existing pumping station that is currently owned by a local area municipality on a case by case basis. The Region will assume ownership of a pumping station that existed prior to the date that this revised policy comes into force when the requirements of this policy have been met, including the following specific criteria: a. a resolution is passed by the local municipal council to begin the transfer of ownership of the station to the Region; b. the station is upgraded as required at the expense of the local area municipality to meet the MOE Design Guidelines and the Regional Design Standards; c. existing wet weather flows (i.e. inflow /infiltration) to the station are at levels considered to be acceptable to the Region as decided on a case by case basis taking into account whether the drainage area is serviced by combined, partially separated or fully separated sewers. In general, the Region will not assume ownership of an existing pumping station where the existing peak wet weather flows to the station are more than two times existing peak dry weather flows (based on actual measurements from flow monitoring devices). The Region reserves the right not to assume ownership of an existing pumping station until inflow /infiltration Page 7 of 9 INTERIM PUMPING STATIONS PUBLIC WORKS POLICY MANUAL PW4.W06 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS is reduced to an acceptable level through sewer separation projects and /or other inflow /infiltration reduction measures. d. any and all construction contract deficiencies have been addressed to the satisfaction of the Region; e. the appropriate Equipment and Operating Manuals have been received by the Region; f. a set of as -built drawings has been provided to the Region; g. the warranty period of any attached equipment has expired; h. the property, including the station and assnriated forcemain is transferred to the Region; i. the Ministry of the Environment Certificate of approval has been amended to reflect the change in ownership. j. the region will only accept the property transfer, from private properties in Fee Simple, and must include access to a road and enough property for future expansion; k. for those situations wherein a pumping station is on public lands, the Region will consider accepting ownership subject to an easement agreement with the owner; I. a resolution has been passed by Regional Council to assume ownership of the station. A local area municipality may establish a new interim (i.e. temporary) pumping station as a short term solution to facilitate servicing of a smaller development area where a larger pumping station and /or gravity sewer is required over the longer term to service additional lands (i.e. the maximum drainage area). The Region will not fund or assume ownership of any interim pumping station nor assume ownership of multiple pumping stations servicing the maximum drainage area. OPERATION AND MAINTENANCE OF NON - REGIONALLY OWNED PUMPING STATIONS The Region, at its discretion and without prejudice, may operate and maintain Page 8 of 9 PUBLIC WORKS POLICY MANUAL PW4.W06 SECTION WATER AND WASTEWATER NAME OF POLICY SEWAGE PUMPING STATIONS AND FORCEMAINS any pumping station owned by a local area municipality at the request of the local area municipality. Operation and maintenance of any non - regionally owned pumping station shall be in accordance with a written agreement executed by both the Region and the local area municipality. The Region will charge fees as detailed in such an agreement to cover its costs for the operation and maintenance of the station. The Region may cease operating and maintaining a pumping station should the requirements of the agreement not be met or in accordance with the termination clause of any such agreement. Any improvements or upgrades of the non - regionally owned stations shall be at the expense of the local area municipality whether undertaken by the Region or its agents as outlined in the agreement. The Region will not operate or maintain any privately owned pumping station. FINANCIAL RESPONSIBILITIES The local area municipality will be responsible for the cost of any new pumping station with a design capacity of less than 170 litres per second peak dry weather flow. The Region will be responsible for the cost of any new pumping station with a design capacity of equal to or greater than 170 litres per second peak dry weather flow. In cases where it will be necessary for an existing Regional gravity sewer to be upgraded or a new Regional gravity sewer to be constructed to receive the sewage from the pumping station forcemain, and such works are not planned within the required timelines, the proponent may choose to "front end" the cost of the upgrade. The proponent shall receive credit for such upgrades as specified in an executed agreement between the proponent and the Region. Page 9 of 9 Niagararggs REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2011 -60 Street Light Maintenance Contract Extension RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND FINANCIAL/LEGAL IMPLICATIONS MW- 2011 -60 December 12, 2011 That Council authorize staff to proceed with a minimum one year extension to Contract 2009 -01, 2009 -2011 Street Light Servicing, City Wide contract to Ground Aerial Maintenance Services Ltd. (GAMS) for a percentage price increase (consumer index) to 2011 rates. The current contract ends December 31, 2011. Staff is requesting an extension in order to properly prepare the 2012 -2014 tender. Staff is confident GAMS will continue to provide quality service to the City of Niagara Falls as they have for the past 21 years. As Council is, aware G.A.M.S. has recently conducted a LED Pilot Study in various location throughout Niagara Falls. Although the study period has concluded, G.A.M.S. has informed the City that meters from Niagara Peninsula Energy Inc., are only capable of holding data for 60 days. G.A.M.S. had assumed the memory of the data was for a great period of time and therefore did not collect the HPS (original light) data. G.A.M.S. would like the opportunity to convert the LED street lights back to the original HPS lights and be given sufficient time to collect this data for a conclusion study. As with the LED Pilot Study, the City will continue to post the LED Pilot Study survey on the City's website for additional feedback from our residents. This adjustment will be based on the average annual percent increase of the Consumers Price Index for Ontario as prepared by Statistics Canada and will reflect the new prices to be paid to the contractor for that yearly period. It is noted that due to the time difference in obtaining the percent increase, the percent increase will be applied in March and will be retroactive to January of each year. December 12, 2011 -2- MW- 2011 -60 Tender price for Contract #2009 -01 2009 2010 (1.2 %) 2011 (2.4 %) 2012 (2.4% est.) $294,523.20 $298,057.47 $305,210.84 $312,535.90 CITY'S STRATEGIC COMMITMENT The recommendation satisfies Council's strategic priorities to improve infrastructure sustainability. ATTACHMENTS 1. Letter from GAMS dated November 1, 2011 Recommended by: Respectfully submitted: V. Coccilmiglio /G. Holman Geoff Holman, Director of Municipal Works Ken T dd, Chief Administrative Officer GROUND AERIAL MAINTENANCE SERVICES LTD November 1, 2011 GAMS City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 ATTENTION: Mr. Geoff Holman, C.E.T. RE: City of Niagara Falls Streetlight Servicing -- Contract # 2009-2011-01 Dear Mr. Holman We at Ground Aerial Maintenance Services find ourselves in a unique situation as the end of the Streetlight Servicing contract approaches. The streetlight LED project has run into several setbacks over the past year and just recently we have learned that the meters from Niagara Peninsula Energy Inc. are only capable of holding data for 60 days. I had assumed that the memory was for a greater period of time and did not confirm my assumption with Niagara Peninsula Energy staff. The impact of this is only time. We need to convert all of the lights back to their original fixtures and hope to begin this work next week. Once the new lights are installed we will be able to capture the data generated by the HPS lights and at that time complete the report. From the perspective of the pilot project we expect that there will be significant public interest generated by the re- installation of the old lights and would like the City of Niagara Falls to maintain the survey on their web site and that Ground Aerial Maintenance can add valuable insight into your system and management of the contract as more information becomes available from the study. Unfortunately the city had lost a great asset as Tom Mussari has moved to another department. We can continue to assist the city with this transition period as Mr. Coccomiglio becomes more familiar with the work. V: TEXT CNF.Geoff Holman doc 8540 Earl Thomas Ave Niagara Falls, Ontario L2E 6X8 Tel (905) 354-0835 Fax (905) 354-0930 Having said this Ground Aerial Maintenance would like to request a one year extension on the present contract. We would honor all existing terms and conditions and would be willing to continue with business. Should you have any further questions or concerns please feel free to contact my office at your earliest convenience. V :1TEX \CNRGeofrHotmandoc REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2011 -86 Matters Arising from Municipal Heritage Committee PD- 2011 -86 Niagara& lls December 12, 2011 1. That Council approve the proposed changes to the Designated Property Grant Guidelines. 2. That Council approve the change in the composition of the Municipal Heritage Committee from six members to eight members with addition of Aaron Butler and Len Inkster to the Committee and a Council member, if interested. 3. That Council approve the amendments to the process of listing of properties on the Municipal Register of Heritage Properties. EXECUTIVE SUMMARY At the October 26, 2011 and November 23, 2011 meetings of the Municipal Heritage Committee, the following motions were adopted: 1. That the Committee supports proposed changes to the Designated Property Grant Guidelines as follows: • Amend the cost sharing formula from 1/3 -2/3's with a maximum amount of $3,000 to 1/2 -1/2 with a maximum amount of $5,000. • Clarify the maximum time period a grant will be reserved. Should a project not be completed during the initial year of application, it is proposed to allow a further 12 months from the end of that year. After 24 months have transpired and no works have started the funds would be removed from the applicant's allocation and returned to a reserve account to be used for future designated property grants. • Amend the category of eligible work to include a statement that cedar roofing will be eligible for a one -time only grant to assist in re- establishing a cedar roof where it can be documented through historical photographs or evidence that a cedar roof may have existed on a building at some period in the past. 2. That the Committee supports the change in the composition of the Municipal Heritage Committee from six members to eight members to assist in ensuring that quorum is met for each meeting. December 12, 2011 BACKGROUND - 2 - PD- 2011 -86 With the addition of Mr. Aaron Butler, who is the next person to be appointed from the list of original applicants, and Mr. Len Inkster, who is an interested citizen, the Committee composition will be eight. The Committee also requests that Council be canvassed for a member of Council to join the Committee to ensure a more solid connection between Council and the Committee. 3. That the Committee supports the amended process for listing a property on the Municipal Register of Heritage Properties. The process has been amended from what previously existed to include consultation with the property owner prior to listing and also official notification of the listing being sent to the owner via Registered Mail. Amendments to the Designated Property Grant (DPG) Guidelines The Committee has asked that the guidelines for the program be updated to reflect the current economic realities of the time. The DPG has been in existence since 2003 when the program was formalized through Council under By -law No. 2003 -114. The By -law allows for amendments to the program from time to time. Since 2003, the grant program has provided grants on a 1/3 (owner) - 2/3's (City) cost sharing basis to a maximum grant of $3,000. The average cost of the projects that are assisted with funding from this program have risen over the eight years. Each grant applied for during the last 3 years has been for the maximum amount of $3,000 with the total costs of each of the projects exceeding $7,500. The minimum cost of a project to receive the maximum amount of grant would be $4,500. The proposed amendment to the cost sharing is to make it a 1 /2 - 1 /2, or 50/50 cost share with a maximum amount of $5,000. This would reflect that the owner is expending more money to undertake work and the new grant would be a sufficient incentive for property owners to undertake more expensive projects. Given that the total 2012 budget amount for this program is $10,000 this would mean only 2 grants would be funded, should they both be for the maximum amount. This amendment would not affect the current guideline that permits the Committee to fund several smaller grant projects. The second proposed amendment is to clarify the length of time that monies can be held in reserves for any given project. Presently, the guidelines state that an applicant can apply, in writing to the Committee, to have their approved funding held in reserves should the project not be able to be started, or completed within the year of approval. The proposed amendment would state that an applicant could apply in writing to have the grant held in reserves for 1 year and if not started or completed during that year, to have the allocation held in reserves for a further 12 months for a total of 24 months, but should the works not be undertaken within that period the allocation would then return to reserves to be used for future Designated Property Grant applications. December 12, 2011 - 3 _ PD- 2011 -86 Finally, the third proposed amendment would stipulate that any grant for cedar roof restoration would be a one -time only funding; this is similar to the current guideline for painting. The intention of the grant program is to assist property owners to restore a cedar roof on a building if it can be documented through historical photographs or other means that a cedar roof may have existed on the building at some point in the building's history. The grant program is not intended to assist property owners in routine maintenance of their property and given that cedar roofs, if not installed correctly, could deteriorate much sooner than anticipated and be more of a maintenance issue than a restoration issue. Appointment of an Additional Member to the Committee The Municipal Heritage Committee's Terms of Reference, as amended by approved report CD- 2003 -02, call for the Committee to have six members and a Council member. Council approved the General Terms of Reference for Advisory Committees in March of this year. Under the terms, quorum is 50% of the membership plus one (1). With a smaller committee size, especially with an even number of members, it has been difficult for the committee to obtain quorum during the last year. As a result, the Committee would like to increase the composition of the committee. The General Terms of Reference for Advisory Committees sets out the rules for filling vacancies. City Council may choose to not fill the vacancy, go to the runner up list from the beginning of Council term or accept the recommendation of the Committee. The runner up from the beginning of the term is Mr. Aaron Butler. Mr. Butler is a university graduate in Planning and is keen to join the committee. The Committee would also like to recommend that Mr. Len Inkster also be appointed to the Committee as the second new member. Mr. Inkster is the owner of the Earl Thomas House at 6320 Pine Grove Avenue, which is a designated property. Mr. Inkster has been the restorer and owner of heritage homes in Britain and would bring additional expertise to the Committee. With two interested volunteers, the recommendation is that the committee composition be increased to eight (8) members. The Municipal Heritage Committee has also requested that Council be canvassed for a Councillor who would be willing to join the Heritage Committee. The Committee is concerned that there is a disconnect between Council and the Committee without the presence of a Councillor. The General Terms of Reference for Advisory Committees allows for a council representative, if interested. Amended Process for Listing a Property on the Municipal Register As the result of the recent demolition of a listed property, Council requested that the process for listing a property be updated to involve the owner throughout the process. The revisions are shown in bold. The proposed process is as follows: 1. A property of interest is nominated by the public, the owner or the Committee. 2. Staff photograph and conduct limited research on the property (i.e. City resources, library). December 12, 2011 - 4 - PD- 2011 -86 3. The property owner is invited to meet with staff and the Municipal Heritage Committee to discuss what information they may have about the property and also the information that has been found through the limited research that staff has conducted. 4. Municipal Heritage Committee reviews the property information and considers how it meets the criteria set out in Regulation 9/06 of the Ontario Heritage Act. Once a determination is made, the owner should be notified of the Committee's findings. 5. If the Committee is satisfied that it meets at least one of the criteria, a recommendation is made to Council to add the property to the Municipal Register. The owner is to be given advance notice of the Council meeting. 6. If Council accepts the Municipal Heritage Committee's recommendation then property is added to the Register. 7 A Registered letter is then sent to the owner of the property notifying them of the new status of the property and the obligation to give 60 days notice, in writing, to the City of the intention to demolish any buildings or structures on the property. 8. An email is sent to the City's Information Systems division with a request to add the property to the Municipal Register. This change in status of the property is noted in the City's Land Manager system to `flag' the property as a `listed' property. LIST OF ATTACHMENTS ► None. Recommended by: Respectfully submitted: P.Boyle:pb S: \PDR\2011 \PD- 2011 -86, Matters Arising from MHC.wpd t , k Alex Herlovitch, Director of Planning, Building & Development KJ Todd, Chief Administrative Officer NiagaraJaps REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture Department SUBJECT: R &C- 2011 -17 Sale of Ice at Reduced Rates RECOMMENDATION EXECUTIVE SUMMARY • Ice blocks are a minimum of one hour but are not to exceed 1.5 hrs. BACKGROUND R &C- 2011- 17 December 12, 2011 That Staff be authorized to offer reduced rates on identified blocks of ice that may periodically become available in the City Arenas for the purpose of enhancing ice revenues. The following are the conditions for identifying and selling blocks of ice that may become available for sale in the Arenas, but would not be a part of ice that is regularly applied for by users and sold through contract as part of the Winter or Summer season planning. • Re- marketing ice at reduced prices is only to be offered after the traditional approach to offering cancelled ice back to users has been completed by staff. • Reduced ice rental times will only be offered to a new client and not the client/organization that cancelled the original ice time. • Ice rental opportunities at reduced rates are to be identified by staff and are only to be the result of ice cancellations. • Reduced ice rental is only offered on Prime Time ice and is offered at $123.05/h.r (youth prime rate) from point of offer to last day of availability. • Ice is offered at $100.00/hr. on the last day of availability, if it has not been previously booked. Ice time is offered at the beginning of either a Winter or Summer season to all previous users and to any potential new users as part of a planned schedule for the season. The allotment of ice is reviewed and discussed at an allocation meeting. The schedule of ice for the season is then published and users are provided with their ice contracts for the season. Month Fall/Winter Season (24 wks) Gale Hrs Cancelled /Prime Time Hrs. Chippawa Hrs Cancelled /Prime Time Hrs. % Gale Ice to Re -sale % Chippawa Ice to Re -sale December 2010 18.5/1120 hrs 6/280 hrs 2% 2% January 2011 8/1120 hrs 0/280 hrs 1% 0% February 2011 14/1120 hrs 5/280 hrs 1% 2% March 2011 91.25/1120 hrs 80.5/280 hrs 8% 29% October 2011 81.25/1120 hrs 15.5/280 hrs 7% 6% November 2011 22.5/1120 hrs 2/280 hrs 2% 1% total: 235.5/6720 hrs 109/1680 hrs 4% 6% December 12, 2011 - 2 - R&C- 2011- 17 In 2009, the City implemented an Ice Cancellation Policy outlining the responsibilities of contract holders with respect to cancelling ice forwhich they were contractually responsible during the course of the season. The Ice Cancellation Policy was put into place, in part, to allow arena operations to effectively manage the booking of ice in a manner that was equitable to all users. Ice is typically allotted at the beginning of the season to a number of user groups that generally can be categorized in the following ways: • Youth User Groups including NFMHA, NFGHA, RMHA, NF Ringette and the NF Skating Academy; Youth user Groups including Niagara Falls based elementary schools and high school hockey from both the DSBN and the NCDSB; Youth Junior Hockey Clubs including the Niagara Falls Jr. B Canucks, the Niagara Falls Junior C. Riverhawks and the Niagara Falls Fury; • Adult Tournament Organizers; • Adult seasonal rentals; • Adult Hockey leagues including the Niagara South No -Hit League and the Peninsula Hockey League; • The Pay as You Play and Pond Hockey Adult hockey groups; • Spot rentals of both Adult and Youth groups. Most of the ice that is rented during prime time (Monday - Friday 5:00 p.m. -11:00 p.m. and Saturday and Sunday 8:00 a.m. - 11:00 p.m.) is rented to youth hockey organizations. Youth ice rates are significantly less than the Adult ice rental rates. Although most of the Prime Time, 70 hours per week is booked and spoken for by various users during the course of the season, there are on average 14 hours of ice per week during the fall /winter season (October 1 to March 31) that are periodically cancelled by a user for various reasons. If the user has fulfilled their obligation with respect to the Cancellation Policy, it now becomes the responsibility of staff to find another ice user for the vacant time slot. To be consistently successful, this will usually involve some work by arena staff to re- market the said ice times. Ice Cancellation Chart Based on Actual Prime Time Booked Ice Rentals December 12, 2011 - 3 - R &C- 2011- 17 There are principally, two basic types of ice blocks that arena staff finds themselves having to re- market as a result of cancellations. The first would be the occasional hour of prime time that one of the Youth User Groups cancelled during prime time. The second would be the hour(s) of booking that a tournament organizer would cancel. In both cases, staff will follow a similar process for re- marketing the ice. In the first case, staff will contact all other youth ice user groups and offer the newly released ice block at the youth rate. In the second case, staff will contact the youth or adult ice user group that was originally displaced by the tournament and offer the ice block back to the group, again at their regular rate. Failing this, staff will then contact the additional youth organizations and offer the ice block. This method of re- marketing the ice is successful some of the time, but for most of our youth organizations, they require more advanced planning to add or change ice times, particularly if they are looking to add ice for games. This will often leave the arena with a block of ice for which they do not have a readily available customer. The arena is proposing two measures to assist in the re- marketing of these cancelled ice hours. The first measure is to provide a two- phased price reduction from the regularly scheduled rates for these hours of ice that will serve as an inducement to certain users to book the ice while still offering a substantive level of revenue recovery for the rented ice. In particular, the arena operations would be looking for the additional spot rental from either Niagara Falls or elsewhere in the Region and in particular, would be targeting the adult user. It is proposed that prime time ice rentals would be offered to these prospective customers at a non -prime rate of $123.05/hr. from the time that the ice has been made available and is subsequently identified as a reduced price opportunity to the final day of availability. As a further inducement and in an effort to ensure that ice is sold wherever possible, it is proposed that "last minute" ice sales be made available on the day of the available ice. In this way, a customer booking the ice on the day it is available could book one of these identified ice rental opportunities for $100.00. The second measure is to develop a system of identifying and advertising the available ice rental opportunities to prospective customers utilizing the internet and email mailing lists. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Currently, the financial implication of vacant ice during prime time hours is a negative impact. The ability to generate some revenue from these ice blocks is a positive. The proposed change in procedure will result in marginally more work for staff as they are engaged in additional marketing /sales /booking of ice but as the number of hours that are available in a given week are not substantial, it is not expected that additional staff and cost would be incurred with offering these type of sales promotions. CITY'S STRATEGIC COMMITMENT The opportunities to promote and sell ice at reduced rates at City arenas is reinforced by the Financial Strategic Priority, to ensure resources are focussed on core programs and services by maximizing user fees and enhancing revenues at the City arenas. The City is committed to promoting and selling the ice facilities to the maximum possible level. In addition, this promotion and selling must be completed in a structured and easily administered fashion that is seen to be fair and equitable to all users. It is also important December 12, 2011 - 4 - R &C- 2011- 17 that the fee structures and guidelines of offering reduced ice rates have a feasible relationship to the current process of selling ice and do not jeopardize the integrity of the ice rates established by Council on an annual basis. Recommended by: Respectfully submitted: Kathy Moldenhauer, Acting Director of Recreation & Culture ) Todd, Chief Administrative Officer NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture Department SUBJECT: R &C- 2011- 18 Recycling at the Gale Centre RECOMMENDATION December 12, 2011 R &C- 2011- 18 That Council receive the report on recycling procedures at the Gale Centre for information. EXECUTIVE SUMMARY The arenas have procedures for disposal of waste and recyclables. The procedures were updated in the past year to reflect the operations and contract with a waste disposal company. BACKGROUND A follow -up report was requested at the November 28, 2011, Council meeting with regards to the measures taken in promoting and completing recycling within the Gale Centre. it had been reported that no recycling is done at the Gale Centre. Recycling at the Gale Centre is part of the Recycling and Refuse Management Procedures for the Arenas which was revised on April 26, 2011, (attached). As part of this revised procedure, staff was provided with copies of the revised procedure and this procedure was reviewed at a staff meeting. Key Elements of the Procedures: The Arenas employ a waste removal contract with Modern Landfill Inc. The contract employs two (2) 4 yd. garbage bins and three (3) 4 yd. mixed recycling bins at the Gale Centre. Garbage bins are for garbage. Recycling bins are for all mixed recycling, including plastics, cans, glass, paper, cardboard etc. Modern employs a recycling separator at their site. Modern picks up recycling and garbage on separate trips to the facility utilizing different types of trucks. It is a requirement for the contract that garbage is not placed in the recycling bins. To date the Contractor has not identified any issues with the Arena with regards to garbage being incorrectly placed in recycling bins. December 12, 2011 - 2 - R &C- 2011- 18 Sufficient quantities of clearly marked recycling and garbage bins are required to be placed in all public and staff areas within the facility. Fixed garbage and recycling enclosures are twinned in the same unit for the Memorial Room, main Galleria, seating areas of Pads 1, 3 and 4 and includes all areas where food and beverage are expected to be served. In addition, separate portable garbage and recycling containers are provided as additional waste disposal containers in all dressing rooms, public corridor areas, players benches, etc. Additional portable interior garbage and recycling containers are provided for special events in the E.S. Fox Pad. Additional exterior combined garbage and recycling units are also provided at each entrance. Recycling and garbage containers are bagged with separately coloured disposal bags in order to facilitate staff clearly identifying which bag is to go in which disposal bin. The system of waste disposal depends on all staff completing their tasks as per the specified procedures and for members of the public to clearly identify and take advantage of the recycling opportunities offered in the arena facilities. By and large the public does differentiate between the recycling and refuse containers and there have been no concerns expressed by the waste disposal contractor of unacceptable levels of cross contamination of recyclables. Staff will continue to encourage recycling with additional signage to inform the public of what products can be recycled and where the units are located throughout the Gale Centre. CITY'S STRATEGIC COMMITMENT Consistent with the City's objectives to promote and provide the public with opportunities to recycle within City facilities, the arenas provide sufficient recycling containers within the facilities and manage the waste consistent with procedural objectives. ATTACHMENTS 1. Recycling and Refuse Management Procedures for the Arenas Recommended by: Respectfully submitted: Kathy Moldenhauer, Acting Director of Recreation & Culture Ken Todd, Chief Administrative Officer RECREATION & CULTURE ARENA SECTION DATE EFFECTED: April 26, 2011 Procedure: Recycling and Refuse Management Purpose 1. To consistently employ a system of refuse, recycling and compost management that ensures that a facility is kept clean and free of refuse. 2. To ensure that Recycling opportunities are promoted, pursued and achieved consistent with Corporate objectives 3. To ensure that Composting opportunities are promoted, pursued and achieved. Consistent with Corporate objectives Waste Removal Contract • The arena has a waste removal contract with Modern Landfill Inc for both the Gale and Chippawa Arenas. • The contract employs two (2) 4 -yd garbage bins, two (2) 4 -yd mixed recycling bins, and one (1) 4 -yd cardboard only recycling bin at the Gale Centre. • The contract employs one (1) 4 -yd garbage bin and one (1) 4 -yd recycling bin at Chippawa. • • Garage bins are for garbage and compost only. Recycling bins are for all recyclables. Modern employs a separator at their site. Therefore, all plastics, cans, paper, cardboard etc. can be mixed in the bags in this bin. • Cardboard only bin is for cardboard only. Pick -up by Modern is on Monday's and Friday's. Garbage and recycling are picked up separately. The arenas employ a system of waste management that utilizes contract services and staff to ensure that waste and recycling is effectively processed in the facility. • Alterations to scheduled pick -ups and to type and size of bins will be made by supervisors on an as needed basis. Waste Management Enclosures • It is the responsibility of Operations Staff to ensure that enclosures and enclosure areas are kept neat, clean, free of trip hazards, safety hazards etc. • No items that are not refuse or recycling from the facility should be left in these areas • Enclosures must be secured during all hours that the facility is not open. It is the responsibility of Operations Staff opening the facility to open the enclosures. It is the responsibility of Operations Staff closing the facility to also close the enclosures. Supervisor will co- ordinate any specific planning requirements that might arrive when facilities are scheduled to be closed. Refuse Management Suitably marked refuse containers must be maintained in all areas that: L Food and beverage are likely to be consumed by members of the public 2. All washrooms 3. All meeting rooms 4. All staff work areas 5. All necessary areas that are identified as part of special event planning 6. Main public entrances (north and south) 7. Strategically placed parking and outside areas Refuse containers are to be checked and maintained at periodic intervals by assigned staff. refuse containers are to be clearly marked as refuse containers with a listing of appropriate refuse where possible • Refuse containers are to be emptied when 75% full. • Refuse containers must be bagged with green refuse bags. • Refuse bags must be placed in the appropriate 4 yd bin Recycling Management Suitably marked recycling containers must be maintained in all areas that: 1. Food and beverage are likely to be consumed by members of the public 2. All dressing room facilities 3. All meeting rooms 4. All staff work areas 5. All necessary areas that are identified as part of special event planning 6. Main public entrances (north and south) 7. Strategically placed parking and outside areas Recycling containers are to be checked and maintained at periodic intervals by assigned staff. recycling containers are to be clearly marked as recycling containers with a listing of appropriate recyclables where possible Recycling containers are to be emptied when 75% full. Recycling containers must be bagged with clear recycling bags. Recycling bags must be placed in the appropriate 4 yd bin S:A Council \Council2011 \R &C - 2011 -1S- Attachment 1.wpd NiagaraJalls REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: SUBJECT: RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE Transportation Services Department TS- 2011 -26 2010 Motor Vehicle Collision Report TS- 2011 -26 December 12, 2011 This report is a summary of reportable motor vehicle collisions that occurred in 2010 on roadways under the jurisdiction of the City of Niagara Falls. Traffic collisions that occurred on Regional roads (such as Lundy's Lane, Montrose Road, etc.), Provincial roads (Highway 420, Queen Elizabeth Way, etc.), Federal roads (Rainbow Bridge, etc.), Niagara Parks Commission roads (Niagara Parkway, etc.) and on private property are not included in the analysis. This report also provides an analysis and recommended corrective measures for five intersections and mid -block locations that experienced the highest collision rates where at least three motor vehicle collisions had occurred. The 2010 Motor Vehicle Collision Report is the third annual report to be prepared by the Transportation Services Department. Information for this report is derived from Provincial Traffic Accident Reports, which are investigated by, or reported to the Niagara Regional Police Service. Since 2006, the City of Niagara Falls has had a 27.5% decrease (or 212 less incidents) in the amount of motor vehicle collisions that have been reported on the roads and intersections which the City owns and maintains. The Ministry of Transportation publishes an annual report summarizing collision data for all motor vehicle collision reports throughout the province, regardless on what jurisdiction it occurred on. The most recent edition of the report is for the year 2008. Comparing provincial statistics between 2006 and 2008, there has been a 6.0% increase (or 12,949 more collisions in 2008 than two years previously) in the amount of collisions within Ontario. The calculation of collision rates is a quantitative measure that takes into consideration the number of collisions occurring at an intersection or road section relative to the traffic Beaverdams Road @ Beechwood Road install all way stop control October 2011 $3,000 Victoria Ave @ Simcoe St no predominant pattern - monitor ongoing $0 Dorchester Road @ Morrison Street amber interval increase from 3.3sec to 4.1 sec July 2011 $100 Victoria Ave @ Morrison Street no predominant pattern - monitor ongoing $0 Victoria Ave @ Kincaid /McRae branch trimming westbound secondary, missing "no right turn on red" sign December 2011 $200 McRae between Florence and Detroit no predominant pattern - monitor, street sign missing November 2011 $200 Culp between Orchard and Main parking restriction signs missing on north side December 2011 $300 Clifton Hill between Oneida and Falls no predominant pattern - monitor n/a $0 Dorchester between Lundys Lane and Spence proposed median installation as per Dorchester Road Environmental Assessment study incorporate with road construction N/A Victoria Ave between Armoury and Jepson no predominant pattern - monitor n/a $0 December 12, 2011 volume. Although this is an acceptable method of calculation, high collision rates are obtained on low volume roads where even only one collision has occurred. Therefore, data may suggest that mitigating measures are required on this type of road, where a collision pattern is not evident due to a singular event, as opposed to a high volume road with multiple collisions whereby a pattern of collisions can develop. Therefore, as per practice, locations that have experienced at least three motor vehicle collisions were rated, ranked and analysed to acquire the top five intersections and road segments which were analysed in depth for remedial measures to reduce the future collision occurrence. The following recommended improvements, anticipated time frames and the cost for improvements for each of the top five intersections and mid - blocks are summarized below: Intersection /mid block Mitigating Measure FINANCIAL /STAFFING /LEGAL IMPLICATIONS LIST OF ATTACHMENTS 2010 Motor Vehicle Collision Report - Available on request. -2- TS- 2011 -26 Im The financial implication of $3,800 to implement the improvements has been included in the 2011 Operating Budget for sign improvements. December 12, 2011 Recommended by: Respectfully submitted: -3- Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer TS- 2011 -26 Niagaraaalls REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2011 -36 Heximer Avenue Parking Control Review RECOMMENDATIONS That the parking restrictions outlined in this report be approved. EXECUTIVE SUMMARY TS- 2011 -36 December 12, 2011 The proposed parking control will ensure that adequate traffic progression is maintained on Heximer Avenue throughout the school year while providing on- street parking to the area residents and parents transporting their children to /from Heximer Avenue Public School. BACKGROUND Heximer Avenue Public School is located on the west side of Heximer Avenue between Dunn Street and Margaret Street. The school's parking lot can fit 24 vehicles, which mostly accommodates administrative and teaching staff. At the present time, stopping is prohibited on the entire west side of Heximer Avenue and a portion of the east side opposite of the school property. Numerous snow events occurred over the winter of 2010 -2011. As curb face sidewalks exist on, the plow operator deposits snow along the edge of the road rather than plowing the snow onto the sidewalk. The 8.5 metre road width was reduced by 2 metres to account for the windrow on each side. In an effort to widen the road in response to concerns from parents /guardians of children attending the school, Streets Department Staff returned to Heximer Avenue after snow events to clear away the windrows on the west (school) side of the road. However, in order to create additional space on the east side of Heximer Avenue, the snow had to be plowed onto the sidewalk. Streets Department Staff identified that the cost of additional snow clearing is $300 each time staff had to return, with the Streets Department carrying out such snow clearing activities on numerous occasions. December 12, 2011 -2- TS- 2011 -36 Even with the additional snow clearing efforts, the school's parking lot has lost about a third of its parking spaces, and the road remained narrow with drivers occupying both sides of the road. The windrows restricted access to the passenger side of the vehicle. Either the driver allows their passenger to disembark the vehicle from the driver side directly onto the street, or they offset their vehicle away from the windrow to allow the passenger to exit the vehicle from the passenger side. All drivers were observed to have a difficult time traversing between parked and stopped vehicles. The available clearance was just enough to allow a school bus driver to pass cautiously. Therefore the following changes to the parking restrictions are recommended: 1. The existing stopping restriction at all times on the west side of Heximer Avenue between Dunn Street and a point 15 metres south of Dunn Street be maintained. 2. The existing stopping restriction at all times on the east side of Heximer Avenue between Dunn Street and a point 15 metres south of Dunn Street be extended to a point 39 metres south of Dunn Street. 3. A 15 minute limited parking zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, be established on the west side of Heximer Avenue between a point 15 metres south of Dunn Street and a point 75 metres south of Dunn Street. 4. A no stopping zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, be established on the west side of Heximer Avenue between a point 75 metres south of Dunn Street and a point 154 metres south of Dunn Street. 5. A 15 minute limited parking zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, be established on the west side of Heximer Avenue between a point 154 metres south of Dunn Street and Margaret Street. 6. A 15 minute limited parking zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, April 1 to November 30, be established on the east side of Heximer Avenue between a point 39 metres south of Dunn Street and a point 86 metres south of Dunn Street. 7 A no stopping zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, December 1 to March 31, be established on the east side of Heximer Avenue between a point 15 metres south of Dunn Street and a point 86 metres December 12, 2011 south of Dunn Street. ANALYSIS /RATIONALE _3_ TS- 2011 -36 8. A no stopping zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, be established on the east side of Heximer Avenue between a point 86 metres south of Dunn Street and a point 158 metres south of Dunn Street. 9. A 15 minute limited parking zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, April 1 to November 30, be established on the east side of Heximer Avenue between a point 158 metres south of Dunn Street and Margaret Street. 10. A no stopping zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, December 1 to March 31, be established on the east side of Heximer Avenue between a point 158 metres south of Dunn Street and Margaret Street. The existing corner stopping restriction on both sides of Heximer Avenue between Dunn Street and a point 15 metres south of Dunn Street ensures that adequate manoeuverability is available within the intersection, especially for school bus drivers turning from Dunn Street onto Heximer Avenue. The proposed 15 minute limited parking zones during the school hours will accommodate the parking needs of parents transporting their children to /from the school. However, parking will only be available on the west side of Heximer Avenue during the winter months to ensure that a two -way traffic movement can be maintained, and children would not have to cross Heximer Avenue to access a parked vehicle. The proposed stopping restrictions adjacent to the school will ensure that school bus drivers have adequate access to the on- street bus loading zone and that adequate visibility and manoeuverability is maintained within the immediate school area. The results obtained from a parking petition on Heximer Avenue did not reveal a statistical consensus. A review of the collision files reveals that one (1) collision involving a parked vehicle has been reported in the study area in the previous three years. The proposed parking controls are supported by the school principal. School board staff identified that they will review the feasibility of constructing an on -site bus loading area and Kiss and Ride program to further alleviate the on- street parking issues. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2011 General Purposes Budget. Cost studies estimate that the cost to install the required signage is approximately $1,200. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. December 12, 2011 _4_ LIST OF ATTACHMENTS Study area drawing Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ke Todd, Chief Administrative Officer TS- 2011 -36 Niagarap 4 TS- 2011 -36 Heximer Avenue Parking Review PROPOSED PARKING CONTROL No Stopping Zone At All Times School Bus Loading Zone • • • MI IN MN IIIII • ■ � 15 Minute Parking, 8:00 a.m. to 4:30 p.m., Monday to Friday (April 1 to November 30 on the east side only) No Stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday No Stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday, (December 1 to March 31 on the east side only) NORTH 1702 2O 4CAIF ff Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: TS- 2011 -45 Subdivision Agreements Update to Parking and Traffic By -law 89 -2000 RECOMMENDATION That the regulatory signs outlined in this report be approved for the fourth through seventh phases of the Deerfield Estates Subdivision, and the second phase of the Fernwood Subdivision. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89 -2000 needs to be amended to reflect the additional traffic controls in new subdivisions. BACKGROUND Approval has been granted for the fourth through seventh phases of the Deerfield Estates Subdivision and the second phase of the Fernwood Subdivision. Construction within each subdivision is progressing. Conditions have been imposed through the subdivision agreement for the installation of stop signs, parking prohibited signs and warning signs. ANALYSIS /RATIONALE A breakdown of the signs is as follows: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department December 12, 2011 Stop Signs That a stop sign be installed facing traffic: 1. Northbound on Richard Crescent at Glavcic Drive (Western Intersection); 2. Northbound on Richard Crescent at Glavcic Drive (Eastern Intersection); 3. Southbound on Kelsey Crescent at Forestview Boulevard; 4. Eastbound on Christopher Crescent at Desanka Avenue; 5. Southbound on Christopher Crescent at Glavcic Drive; 6. Westbound on Armelia Crescent at Desanka Avenue 7. Southbound on Desanka Avenue at Glavcic Drive; 8. Northbound on Mary Drive at Glavcic Drive; 9. Southbound on Ironwood Street at Hendershot Boulevard; 10. Eastbound on Eagle Ridge Drive at Ironwood Street; 11. Northbound on Fiddlehead Lane at Eagle Ridge Drive; 12. Southbound on Fiddlehead Lane at Hendershot Boulevard; TS- 2011 -45 December 12, 2011 13. Westbound on Eagle Ridge Drive at Osprey Avenue; and, 14. Northbound on Jake Crescent at Eagle Ridge Drive. —2— TS- 2011 -45 Parking Prohibited Signs That a "no parking" restriction be installed at all times on the west side of Jake Crescent between Eagle Ridge Drive and its southerly limit, including the entire extent of the turning bulb. Warning Signs Based on the approved street layout and land uses, the following warning signs will be installed: Deerfield Estates 1. Playground Sign - Forestview Boulevard; 2. School Area Sign - Desanka Avenue; Fernwood Subdivision 1. No Exit Sign - Jake Crescent; 2. Speed Hump signs and speed advisory tabs - Hendershot Boulevard; 3. Object marker signs - Hendershot Boulevard; 4. Checkerboard signs - Hendershot Boulevard & Osprey Avenue; and, 5. Sharp Turn Ahead signs and advisory speed tabs - Hendershot Boulevard & Osprey Avenue). FINANCIAL /STAFFING /LEGAL IMPLICATIONS All costs associated with the sign purchase and labour costs have been incorporated into the subdivision agreements and have been paid in full by the developers. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer NiagaraaglIs REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That Traffic and Parking By -law 89 -2000 be amended to restrict the weight of vehicles travelling over the bridge on Lemon Road, east of Montrose Road to a maximum of 14 tonnes and the bridge on Miller Road, east of Sodom Road to a maximum of 2.5 tonnes. EXECUTIVE SUMMARY The weight restriction will prohibit vehicles more than 14 tonnes from travelling across the bridge on Lemon Road and vehicles more than 2.5 tonnes from travelling across the bridge on Miller Road. BACKGROUND Ellis Engineering had completed a structural inspection of the Lemon Road bridge crossing the Tee Creek and the Miller Road crossing of the Union Marsh Drain. The assessment resulted in the recommendation to post a maximum load limit of 14 tonnes for the Lemon Road bridge and 2.5 tonnes for the Miller Road bridge. ANALYSIS /RATIONALE Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -53 Lemon Road and Miller Road Bridge Weight Restriction Currently there is no weight restriction to cross the Lemon Road bridge and the Miller Road bridge is signed as a 10 tonne maximum. However, given the results of the assessment of the integrity of the structure, Ellis Engineering has stated that a weight restriction is required for Lemon Road and a reduced weight limit is required for Miller Road. The analysis was carried out as part of the Municipal Bridge Appraisal - Rehabilitation /Replacement report. Upon the approval of the by -law, regulatory signs will be posted at each end of the Lemon Road bridge identifying the 14 tonne weight restriction and 2.5 tonnes for the Miller Road bridge. Furthermore, advance signs will be installed at the nearest intersections prior to the bridge. The signs are regulatory in nature, and would be enforceable by the Niagara Regional Police. FINANCIAL /STAFFING /LEGAL IMPLICATIONS TS- 2011 -53 December 12, 2011 The installation of the signs is carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2011 General Purposes Budget. Cost studies estimate that the cost to manufacture and install the signs is approximately $1000. December 12, 2011 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Respectfully submitted: -2- TS- 2011 -53 Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Z 0 H U _ Ce I— W V) Cl Pe Q0= 0 — I— W n j W W -J 11 ' cQ z 0 1- U _ ce 1- W W 0 Z oC a0= o i-0 ce;%Li ZWE O Cl) m O E 0 X J a g co -< 1 D cn CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law No. 79 -200, to rezone the Lands R1C to regulate the development of the Marinelli Estates subdivision. 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 RI C zone. 5. The regulations governing the permitted uses shall be the regulations specified for a R1C 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 Sheets Cl and C2 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from DH to R1C. Passed this twelfth day of December, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: S: \ZON 1NGAMS\2011 \By- laws \Byam010.wpd December 12, 2011 December 12, 2011 December 12, 2011 SCHEDULE 1 TO BY -LAW No. 2011- Subject Land Applicant: 800460 Ontario Limited Assessment #: 272504000106701 K: \GIS_Requests\ 2011\ Schedule \ZoningAM \AM - 10 \mapping. map Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 25, Stamford; Pt Rdal Btwn Twp Lt 16 and 25, Stamford (As closed by By -law AA7308), Pt 2, 59R5263, City of Niagara Falls N s 1:NTS AM- 2011 -010 November 2011 CITY OF NIAGARA FALLS By -law No. 2011 - Being a By -law to amend By -law 89 -155 and adopt a Schedule of Meetings. WHEREAS Rule 2 of the Procedural By -law of the City provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" to By -law No. 89 -155, as amended, is repealed, and the attached Schedule "A" is inserted in lieu thereof. 2. By -law No. 2010 -168 is hereby repealed upon completion of the 2011 Council schedule. Passed this twelfth day of December, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 12, 2011 December 12, 2011 December 12, 2011 ,� � caHaoa `A AG RA FALi 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. (Parking Prohibited, Stop Signs at Intersections,) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Jake Crescent West Eagle Ridge Drive and the southerly limit of At All Times Jake Crescent, including the turning basin COLUMN 1 INTERSECTION (2) by adding to the specified columns of Schedule P thereto the following items: Armelia Crescent & Desanka Avenue Christopher Crescent & Desanka Avenue Christopher Crescent & Glavcic Drive Desanka Avenue & Glavcic Drive Eagle Ridge Drive & Osprey Avenue Eagle Ridge Drive & Ironwood Street Fiddlehead Lane & Eagle Ridge Drive Fiddiehead Lane & Hendershot Boulevard Ironwood Street & Hendershot Boulevard Jake Crescent & Eagle Ridge Drive Kelsey Crescent & Forestview Boulevard Mary Drive & Glavcic Drive Richard Crescent & Glavcic Drive (Western Intersection) Richard Crescent & Glavcic Drive (Eastern Intersection) This By -law shall come into force when the appropriate signs are installed. Passed this twelfth day of December, 2011. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: -2- STOP SIGNS AT INTERSECTIONS December 12, 2011 December 12, 2011 December 12, 2011 COLUMN 2 FACING TRAFFIC Westbound on Armelia Crescent Eastbound on Christopher Crescent Southbound on Christopher Crescent Southbound on Desanka Avenue Westbound on Eagle Ridge Drive Eastbound on Eagle Ridge Drive Northbound on Fiddlehead Lane Southbound on Fiddlehead Lane Southbound on Ironwood Street Northbound on Jake Crescent Southbound on Kelsey Crescent Northbound on Mary Drive Northbound on Richard Crescent Northbound on Richard Crescent JAMES M. DIODATI, MAYOR THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2011 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited. Loading Zones, Weight Limits on Bridges) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Fallsview Boulevard East A point 38 metres north of Dixon Street and 6:00 a.m. to 9:00 a.m. a point 50 metres north of Dixon Street (2) by removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Fallsview Boulevard Both Main Street/Portage Road and Murray Street At all times Tow away zone (3) Fallsview Boulevard East Fallsview Boulevard East by adding to the specified columns of Schedule A thereto the following items: Passed this twelfth day of December, 2011. First Reading: Second Reading: Third Reading: December 12, 2011 December 12, 2011 December 12, 2011 -2- STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Fallsview Boulevard West Main Street/Portage Road and Murray Street At All Times Tow Away Zone Main Street/Portage Road and At All Times a point 38 metres north of Dixon Street Tow Away Zone A point 38 metres north of Dixon Street and At All Times, Except a point 50 metres north of Dixon Street 6:00 a.m. to 9:00 a.m. Fallsview Boulevard East A point 50 metres north of Dixon Street and At All Times Murray Street Tow Away Zone (4) by adding to the specified columns of Schedule VI thereto the following items: WEIGHT LIMITS ON BRIDGES COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BRIDGE MAXIMUM PERMITTED WEIGHT Lemon Road A point 140 metres east of Montrose Road and 14 tonnes a point 170 metres east of Montrose Road Miller Road A point 280 metres east of Sodom Road and 2.5 tonnes a point 310 metres east of Sodom Road This By -law shall come into force when the appropriate signs are installed. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR A by -law to amend By -law 2011 -51, being a by -law to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by the Corporation of the City of Niagara Falls. WHEREAS on November 28, 2001, Niagara Falls City Council approved a request from the Scotiabank Convention Centre, a City -owned facility, for three (3) designated smoking areas. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 2.4. Notwithstanding section 2.1 above, it shall be permissible for persons to smoke tobacco or any other substance other than substances prohibited by federal or provincial law, in the three (3) designated smoking areas at the Scotiabank Convention Centre, 6815 Stanley Avenue, as outlined in the map in Schedule "A ". Passed this twelfth day of December, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 12, 2011. December 12, 2011. December 12, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - : '• ! „ (CY .: • . 7,7 g 4 • • 1;!•• = •"; .....-,, ; 1 • • ;g• ' AI 0.•. gi ;f14',—ig- PI r:, —1-----7 - —P._ . - ._,„fr,,_. „. ,j,_•, 20 i_it i i, _.. , , .,. -- — 71.7 - - , r-- — - — -=•.— .-, " - - - 4 t.,,,,, :, ; 1 ,, ,e2ratt," . .Th i, ■ . g i 1 - ..• - .'1' 1 .=. — ri - -'''-' :--i• r -- 7. ':_. [ .- ,--. 1,4 I ,•1 FM, 2 i g ir w — , r . ii_._ _1 L 'I 11 ; 1 „ 1 , I -..' r — • .; _ - - — _., -- 2. ... = ." • g C/-) g•;-g ,e _ .7 .4 7 _ 7 ; g• -3gt * • A by -law to authorize the execution of a Sublicence Agreement with Ontario Power Generation Inc. and Chippawa Public Docks Committee dated December 12, 2011, respecting the sublicence of the Ontario Power Generation Inc. lands for the New Chippawa Boat Dock. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sublicence Agreement dated December 12, 2011 and made between Ontario Power General Inc. as OPG, The Corporation of the City of Niagara Falls as Licensee and Chippawa Public Docks Committee as Sublicensee, respecting the sublicence to the Sublicensee of the OPG lands for the purposes of constructing, maintaining and operating a recreational park and boat dock known as the New Chippawa Boat Dock, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Sublicence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Sublicence Agreement. Passed this twelfth day of December, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 12, 2011. December 12, 2011. December 12, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the payment of $4,680,183.44 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning November 10, 2011 to November 24, 2011. Passed this twelfth day of December 2011. BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 12, 2011 December 12, 2011 December 12, 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 12` day of December, 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 12 day of December, 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 twelfth day of December, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 12, 2011 December 12, 2011 December 12, 2011