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2012/05/08Tuesday, May 8, 2012 Order of Business and Agenda Package Niagara alls COUNCIL MEETING May 8, 2012 PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of April 24, 2012 * * * ** DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS/ DEPUTATIONS Great Niagara Portage Adventure Don Jackson, Fundraising Chair of the Lundy's Lane Battlefield Legacy Project will address Council regarding the fundraising activities of the group and their upcoming event. Chippawa Public Dock Committee Jay Mason, of the Chippawa Public Dock Committee, will address Council on some of the upcoming fundraising events their group has planned. 12 Women in a Tent Barb Greenwood, Regional Councillor, will inform Council of the latest installment of this Project SHARE event. Governance Matthew Siscoe, Councillor from the City of St. Catharines, will inform Council of the activities of the governance committee his Council has formed. - 2 - PLANNING MATTERS Public Meeting AM- 2012 -001, Zoning By -law Amendment Application West Side of Kalar Road, South Side of Brown Road Applicant: Heartland Forest Niagara Agent: Thomas A. Richardson, Sullivan Mahoney LLP Expansion of a Proposed Multi- Purpose Building Background Material: Recommendation Report: PD- 2012 -30 BUDGET MATTERS The Director of Finance will make a presentation on capital needs and debt management. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Canadian Tire Jumpstart Charities - requesting that May 26, 2012 be proclaimed as "Jumpstart Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 2. Municipal Works Staff - requesting that the week of May 20th ,2012 be proclaimed as " National Public Works Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 3. CNIB - requesting that the month of May be proclaimed as "Vision Health Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 4. Ontario Human Rights Commission - requesting that June 15, 2012 be proclaimed as "Ontario Human Rights Code Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. - 3 - 5. Regional Municipality of Niagara - requesting lower -tier Council representation on the Region's Water/Wastewater Review Task Force. RECOMMENDATION: For the Consideration of Council. 6. City of Welland - requesting that the City consider partnering with their municipality on a bid to be the location for baseball /softball for the 2015 PanAm Games. RECOMMENDATION: Refer to Staff. 7 Celebrate Old Downtown - various requests and waiver fees related to the annual "Springlicious" event. RECOMMENDATION: For the Consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS RESOLUTIONS 1 THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Rotary Club of Niagara Falls Sunrise Ribfest to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Women Who Care For Project SHARE a public event of municipal significance and supports the provision of a Special occasion Liquor Licence (SOP) for the event. 3. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the fifth annual Niagara Music Awards to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2012 -04 - Adult Entertainment Appeals F- 2012 -22 - Cancellation, Reduction of Refund of Taxes HR- 2012 -03 - Code of Ethics HR- 2012 -05 - Council Remuneration L- 2012 -08 - Renewal of Licence Agreement with Hydro One Networks Inc. Land Abutting St. Gabriel Lalemant School. MW- 2012 -21 - Consultant Appointment - Engineering Services RFP15 -2012 Material Testing Services and Geotechnical Investigations Contract for 2012 -2013 MW- 2012 -25 - Tender- Corwin Crescent and Walter Avenue Watermain Replacement, MW- 2012 -28 - Downtown Revitilization Project Phase 2 - Downtown Park Tender Results and Update R&C- 2012 -10 - Arts & Culture Wall of Fame Induction Criteria TS- 2012 -19- Willoughby Drive - Traffic Operations Review TS- 2012 -23 - Downtown Parking Program TS- 2012 -24 - Contract Renewal - Canadian Corps of Commissionaires TS- 2012 -25 - Transit Agreement with Brock University Students Union (BUSU) Property Matters Mayor Diodati will request whether there is anyone present that has an interest respecting the property matter. L- 2012 -07 - Declare Surplus Vacant Land West Side of Palmer Avenue 5 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -26 A by -law to declare Block 44 Plan 172 designated as Part 4 on Reference Plan 59R -783, in the City of Niagara Falls, surplus. 2012 -27 2012 -28 2012 -29 A by -law to authorize the execution of a Licence Renewal Agreement with Her Majesty The Queen in Right of Ontario as represented by The Minister of Infrastructure, respecting the use of the Hydro corridor adjacent to City lands known as Don Johnson Park, for recreational purposes. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction, Taxi Cab Stands, Parking Prohibited) A by -law to amend By -law No. 79 -200, to permit a tourist home (bed and breakfast) on the Lands, in addition to the uses permitted in an R2 zone. (AM- 2011 -016) 2012 -30 A by -law to provide for the adoption of Amendment No.102 to the City of Niagara Falls Official Plan. (OPA No. 102) 2012 -31 A by -law to amend By -law No. 79 -200, to guide the development of the Optimist Park Plan of Subdivision on the Lands. (AM- 2011 -003) 2012 -32 A by -law to authorize the execution of an agreement between the Corporation of the City of Niagara Falls and Brock University Student's Union (BUSU) for the provision of transit services. 2012 -33 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8m day of May, 2012. NEW BUSINESS (5/2/2012) Dean lorfida - Council Delegation Page 1 From: "Don Jackson" <marydon @cogeco.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 3/27/2012 12:30 PM Subject: Council Delegation Hi Dean. As one of our fundraising activities for the War of 1812 Bicentennial Legacy Project, we have planned the "Great Niagara Portage Adventure" for Saturday, June 9th. Teams of 4 -8 dressed in costume will carry a canoe and `provisions' along a 5 km route which will include a portion of the original portage route (Portage Road). They will re -live the experience of early settlers and soldiers as they portaged along the Queenston to Chippawa route around the Falls. We would like to attend the next meeting of Council to personally invite councillors, staff and Cogeco viewers to enter a team in this exciting event. Don Jackson, Fundraising Chair Lundy's lane Battlefield Legacy Project (5/2/2012) Dean Iorfida - CPDC Page 1 From: Marie Middlemiss <mariepmiddlemiss @yahoo.com> To: Dean Iorfida <diorfida @niagarafalls.ca> CC: Jay Mason <maserace @yahoo.com >, DAN TIBBS <DGLTibbs @gmail.com >, TRACY ST... Date: 4/24/2012 1:43 PM Subject: CPDC Hi Dean, have been away all winter; but now have to get back to business. We had our weekly meeting today with committee members and Jay asked me to email you. Could you put the CPDC on the agenda to speak to Council at the May 8th meeting. Jay will speak about upcoming events: May 12th Mothers Day prime rib dinner & dance, June 24th Run for the Docks, etc. As we are in a holding pattern with the Chippawa Dock, would it be possible for David Antonsen to speak to City Council to bring them (and CPDC) up to date on the design and where we stand with the construction permit? Thanks and waiting to hear from you on this. Marie Middlemiss (5/2/2012) Dean Iorfida - Re: 12 Women in a Tent Deputation Page 1 From: "Greenwood, Barbara" <barbara .greenwood @niagararegion.ca> To: "'diorfida @niagarafalls.ca "' <diorfida @niagarafalls.ca> Date: 4/18/2012 2:30 PM Subject: Re: 12 Women in a Tent Deputation Hi Dean I'm back again. I just looked and 1 am away at FCM. Because it is really short, the deputation that is can you squeeze us in on the 8th of May Please? Barb Original Message From Dean lorfida [ mailto:diorfida @niagarafalls.ca] Sent: Wednesday, April 18, 2012 02:26 PM To Greenwood, Barbara Subject: 12 Women in a Tent Deputation Hi Barb: Got your voice mail. May 29th would work well for the deputation. I already have some lined up for May 8th. Thanks Dean The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. PD- 2012 -30 NiagaraFalls May 8, 2012 ( 1 V \ D l REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -30 AM- 2012 -001, Zoning By -law Amendment Application West Side of Kalar Road, South Side of Brown Road Applicant: Heartland Forest Niagara Agent: Thomas A. Richardson, Sullivan, Mahoney LLP Expansion of a Proposed Multi- Purpose Building RECOMMENDATION 1. That Council approve the Zoning By -law amendment application to amend the site specific Resort Commercial Establishment (RCE(H) -654) zoning of the land to: a) permit a 1,400 square metre multi - purpose building; b) reduce the width of a portion of the required landscaping strip along Kalar Road next to the parking lot to 5 metres; and c) lift holding (H) provisions that require the availability of adequate sanitary and water services to service the land prior to development. 2. That the holding (H) provisions that require an adequate storm sewer system prior to development remain in place until a stormwater management plan, in accordance with the August, 2005 report prepared by Upper Canada Consultants, has been accepted by the City, Niagara Peninsula Conservation Authority and the owner of Thompson's Creek. 3. That the amending by -law rezone a portion of the land, shown as "EPA Zone" on Schedule 1 attached to this report, from RCE(H) -654 to Environmental Protection Area (EPA -655) and establish a 30 metre building setback from the EPA -655 zone, to protect the Provincially Significant Wetland on the land. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to adjust two zoning standards and to lift holding provisions in order to permit the construction of a larger multi - purpose building. The amendment can be supported because: the proposed development complies with Official Plan policies applicable to the land and will facilitate the first phase of a comprehensive resort development; and, as sanitary and water services are now available to service the land, holding (H) provisions respecting these services are no longer necessary and can be lifted. May 8, 2012 - 2 - PD- 2012 -30 It is recommended that the portion of the land illustrated by the applicant to be covered by a Provincially Significant Wetland be placed under an Environmental Protection Area (EPA) zone with a 30 metre setback for buildings and structures to protect this natural feature. In addition, it is recommended the holding (H) provision requiring a stormwater management plan for the entire first phase of development (multi - purpose building and recreational trailer camp) remain in place until it is designed, accepted by affected parties and securities are in place to guarantee its construction. Construction of the multi - purpose building could proceed prior to lifting of the holding (H) provision if appropriate sign offs are obtained. BACKGROUND Proposal A Zoning By -law amendment is requested for 10.8 hectares (26.7 acres) of the applicant's total holdings at the south -west corner of Kalar Road and Brown Road (see Schedule 1). The amendment is requested to permit a larger multi - purpose building to be developed on the land. Schedule 2 shows details of the proposed development. The site is zoned Resort Commercial Establishment (RCE(H) -654), in part, and Environmental Protection Area (EPA -655), in part. The RCE(H) -654 zone permits the land to be used for a recreational trailer camp with up to 195 trailer sites, a multi - purpose building with a maximum area of 500 square metres and accessory buildings and structures subject to lifting holding (H) provisions that require adequate stormwater, sanitary and water services to service the land. The applicant is requesting the permitted floor area of the proposed multi - purpose building be increased to 1,400 square metres. The applicant is also requesting a portion of the required landscaping strip along Kalar Road to be reduced in width from 15 metres to 5 metres to accommodate parking and access for the multi - purpose building. In addition, the applicant is requesting the holding (H) provisions that apply to the land, which require that adequate sanitary, stormwater and water services be available to service the land, be lifted. Site Conditions and Surrounding Land Uses The subject land is flat and is generally covered with wooded areas and scrub growth. A small portion of the land is used as a gravel parking area in association with uses to the south. The lands to the south and west are also owned by the applicant. A number of temporary buildings and structures associated with the Heartland Forest operation are located to the south. The land to the west is undeveloped save and except for nature trails that have been developed through the forest. The Montrose Business Park is located to the east. The lands to the north are vacant and are intended to be developed as part of the Warren Woods development or preserved as natural areas. 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: May 8, 2012 - 3 - PD- 2012 -30 • Regional Municipality of Niagara No objections from a Provincial or Regional perspective. The resort will contribute to a complete community. At the site plan stage, a road widening will be required to be dedicated along the Chippawa Creek Road frontage of the property. • Niagara Region Conservation Authority The development is proposed outside of any environmental features and is set back 30 metres from the Provincially Significant Wetland on the site. There are no objections to the proposed rezoning. Environmental features on the property should be placed under an Environmental Protection Area zone. • Municipal Works No objections. A detailed site servicing and grading plan and stormwater management brief will be required at the site plan stage. • Transportation Services No objections to the zoning application. A 3.05 metre road widening will be required along the length of the Kalar Road right of way and a 12 metre by 12 metre daylighting triangle will be required at the corner of Kalar Road and Brown Road at the site plan stage. Detailed design will be further reviewed at the site plan stage. • Parks Design No objections. A landscape plan will be required at the site plan stage. • Fire Services, Building Services, Legal Services, Niagara Falls Transit No objections. Neighbourhood Open House A neighbourhood open house was held on April 2, 2012. No neighbours attended to hear about the proposal or to ask questions. ANALYSIS 1. Official Plan The lands are designated Special Policy Area "35" in the City's Official Plan. Portions of the land are designated Resort Commercial and Environmental Protection Area. Site specific policies permit the development of a resort commercial development consisting of high and low intensity components. Lands designated Environmental Protection Area are to be retained in a natural state and May 8, 2012 - 4 - PD- 2012 -30 used only for passive recreational and educational purposes. The development is anticipated to occur in phases. The first phase, including the establishment of trails in the woodlot, has already begun. A multi - purpose building to house a museum /interpretative centre is allowed in the first phase of the development. The setbacks from nearby heavy industries and environmental features required by Official Plan policies will be maintained. In addition, low rise buildings and extensive landscaping help the development fit in with the natural features of the area. The westerly portion of the subject site is designated Environmental Protection Area (EPA). The Ministry of Natural Resources has determined a Provincially Significant Wetland (PSW) extends over a larger part of the lands, which is identified as EPA on the drawing submitted by the applicant (See Schedule 2). The delineation of this PSW was deferred in Official Plan Amendment No. 96 (Environmental Policies) pending discussions between the applicant and the Ministry of Natural Resources. However, it is an objective of the Official Plan and Provincial policies that such environmental features be protected under an Environmental Protection Area designation and zone, and by a buffer (no -build area) of at least 30 metres in width. Although the EPA designation has not been formally extended over the lands, the Official Plan allows for minor boundary adjustments in land use designations to ensure its objectives are met. 2. Zoning By -law The RCE -654 zone establishes a number of site specific standards for the permitted uses, including building setbacks, maximum lot coverage, maximum building height, maximum accessory building floor areas and minimum landscaped open space coverage, which are not affected by this amendment. The following requested changes are appropriate: increase the floor area of the multi - purpose building from 500 square metres to 1400 square metres. This larger building will house a museum and interpretative centre that will better serve guests of the forest preserve. decrease the width of the landscape strip along a portion of Kalar Road from 15 metres to 5 metres, to accommodate parking for the multi - purpose building. The wider landscape strip was intended to provide a buffer between the trailer sites originally planned here. The narrower landscape strip will still be able to buffer Kalar Road from the parking and the balance of the site will be extensively landscaped or maintained in a natural state. When the RCE -654 zoning was approved for the lands, holding (H) provisions were applied because water and sanitary sewer services were not yet available to service the land. In addition, an adequate storm sewer system in accordance with the stormwater management plan prepared by Upper Canada Consultants (2005) needs to be built. As water and sanitary services have been constructed by the City to service the land, the holding (H) provisions that apply for these services can be removed. May 8, 2012 - 5 - PD- 2012 -30 A stormwater management plan for the entire first phase has not yet been finalized and approved by the City, Niagara Peninsula Conservation Authority (NPCA) and the owner of Thompsons's Creek. Therefore, the holding (H) provision should remain in place until this stormwater management plan is accepted and its construction secured. The applicant has submitted a stormwater management plan for the multi - purpose building only, which indicates the stormwater generated by this building and parking area can be accommodated through roadside ditches. As there would be minimal if any effect on Thompson's Creek through this plan, staff have no objections with the construction of the multi - purpose building proceeding prior to the lifting of the holding (H) provision, provided the stormwater plan is accepted by the NPCA and the owner of Thompson's Creek (Cytec Canada Inc.) prior to or during the site plan application process. It is recommended that the full extent of the Provincially Significant Wetland (PSW) on the subject lands be zoned Environmental Protection Area (EPA) with a 30 metre setback for all buildings and structures all in accordance with the drawing submitted by the applicant. These measures will not impact on the development proposal and will ensure the PSW is protected in accordance with the objectives of the Official Plan and Provincial policies. A number of temporary buildings and structures associated with Heartland Forest have been constructed to the south of the subject lands, on property owned by the applicant. The applicant has indicated that they do not wish to include these uses /buildings through this by -law amendment and will work with the City to address the situation. City staff will work with the applicant. CITY'S STRATEGIC COMMITMENT The amendments conform to the land's Official Plan Special Policy Area designation which anticipates the property developing for a comprehensive resort development. The recommended extension of the EPA zoning would better protect the Provincially Significant wetland on the lands. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: ZiLic, ' i1 Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: A.Bryce:mb Attach. Kin Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -30, AM- 2012 -001, Kalar Road, Heartland Forest Niagara.wpd May 8, 2012 - 6 - SCHEDULE 1 PD- 2012 -30 Zoning By -law Amendment Application Heartland Forest Niagara West Side of Kalar Road South of Brown Road Schedule 1 Location Map N 1 47 r , 1 Subject Land March 2012 May 8, 2012 -7- SCHEDULE 2 PD- 2012 -30 EPA ZONE EPA ZONE BROWN ROAD Jumpstart Bon depart April 23, 2012 His Worship Jim Diodati Mayor of Niagara Falls City Hall 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor Diodati, Canadian Tire Jumpstart' is a community -based charitable program that helps financially disadvantaged youth participate in organized sport and recreation. Since 2005, Jumpstart has helped over 417,000 kids across the country get involved in activities like hockey, soccer, swimming and ballet. On May 26th, 2012, Jumpstart will hold its third annual " Jumpstart Day" which is a national campaign to raise awareness that one in three families struggle to include their children in organized sport and recreation and to raise funds to broaden the charity's activities. Importantly, 100% of customer donations to CTJumpstart are reinvested into the very same community. Canadian Tire Dealers are an important part oflumpstart's work in the community and its fundraising efforts. On May 26th, over 200 Dealers across the country will organize events that range from charity BBQ's to hockey demonstrations to raise funds for their local Jumpstart Chapter. For over 6 years, Jumpstart has created a Chapter network that includes partners such as Big Brother Big Sisters Canada, YMCA, and Parks and Recreation. It is through these groups that Jumpstart provides financial support and helps off -set registration fees, transportation and equipment costs. To promote the May 26th events, Canadian Tire Jumpstart is planning media preview events and is soliciting support from municipal, provincial and federal governments to proclaim "Jumpstart Day" in communities across the country. We'd be honoured to have you participate in this initiative. Attached is a draft proclamation that could act as the template for a municipal proclamation or a Ministerial / Member Statement in your legislature. For more information, please contact Matthew Mackenzie, Government Relations Advisor at Canadian._ Tire, at 416 - 487 -6559 or matthew.mackenzie@cantire.com. Thanks in advance for your support and interest. Sincerely, Dan Thompson, President CANADIAN TIRE JUMPSTART CHARITIES 2180 YONGE ST., P.O. BOX 770, STATION K, TORONTO, ONTARIO M4P 2V8 DRAFT Proclamation May 26, 2012 OPTION 1 (Federal / Provincial) WHEREAS One in three Canadian families cannot afford to involve their children in sport or recreational activities; WHEREAS Jumpstart believes all kids should have the chance to run, skate, play, grow and participate in organized sports and recreation such as hockey, dance, swimming, and basketball so they can develop important life skills, self esteem, confidence; WHEREAS Canadian Tire Jumpstart helps kids in financial need participate in organized sport and recreation with 100% of customer donations going directly to kids in this community; WHEREAS Since 2005, Canadian Tire Jumpstart has helped more than 417,000 kids across Canada participate in organized physical activities including 1,197 kids here in the Niagara Falls Chapter; WHEREAS Jumpstart Day is a day dedicated to raising awareness across Canada so all kids can play; NOW THEREFORE, be it resolved that this Legislature hereby proclaims May 26, 2012 as "Jumpstart Day" to give kids a sporting chance OPTION 2 (Municipal) WHEREAS One in three Canadian families cannot afford to involve their children in sport or recreational activities; WHEREAS Jumpstart believes all kids should have the chance to run, skate, play, grow and participate in organized sports and recreation such as hockey, dance, swimming, and basketball so they can develop important life skills, self esteem, confidence; WHEREAS Canadian Tire Jumpstart helps kids in financial need participate in organized sport and recreation with 100% of customer donations going directly to kids in this community; WHEREAS Since 2005, Canadian Tire Jumpstart has helped more than 417,000 kids across Canada participate in organized physical activities including 1,197 kids here in the Niagara Falls Chapter; WHEREAS Jumpstart Day is a day dedicated to raising awareness across Canada so all kids can play; NOW THEREFORE, I, Mayor XXXXX, on behalf of XXXXX City Council, do hereby proclaim May 26, 2012 as "Jumpstart Day" to give kids a sporting chance. NiagaraFalls City of Niagara Falls Office of the Mayor Proclamation Whereas, public works services provided in our community are an integral part of our citizen's everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, sidewalks. roads, bridges. parks. cemeteries, public buildings, and solid waste collection; and Whereas, the health. safety and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities. as well as their planning, design, and construction. is vitally dependent upon the efforts and skill of public works officials; and Whereas. the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. Now. therefore, I, James M. Diodati, Mayor of the City of Niagara Falls, do hereby proclaim the week of May 20, 2012 as "National Public Works Week" in the City of Niagara Falls, Ontario, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and Seal of the City of Niagara Falls 2012 this 8th day of May. Mayor James M. Diodati - -- - - - -- -- - - -- - - -- (5/2/2012) Dean lorfida - Info for Vision Health Month Page From: "Hilda" <hfair @cogeco ca> To: "'Dean lorfida "' <diorfida @niagarafalis.ca> Date: 4/25/2012 1007 AM Subject: Info for Vision Health Month Hi Dean Here is the background information for Vision Health Month, May. If you would like me to make a presentation please do not hesitate to ask. CNIB Vision Health Month Taking action for Canada's vision health This May were calling on Canadians to take control of their eye health and join CNIB in celebrating Vision Health Month - a nationwide campaign to raise awareness about vision health and help eliminate avoidable sight loss in Canada. Why is Vision Health Month so important'? Vision loss can happen to anyone, at any age, but many Canadians aren't aware that 75 per cent of vision loss can be prevented or treated Through Vision Health Month, CNIB is empowering Canadians to take control of their vision health and encourage others to do the same. Simple lifestyle changes like eating a healthy diet, quitting smoking, exercising regularly and wearing UV- protected sunglasses year -round can go a long way to help you maintain your vision health. Did you know? One in seven Canadians will develop a serious eye disease in their lifetime. Almost 20 per cent of Canadians never get their eyes examined by an optometrist and therefore have no idea if they're at risk of developing an eye disease. Many serious eye diseases have no symptoms, so even someone who has 20/20 vision may be at risk. Early detection of an eye disease is critical to ensuring you can receive treatment that could save your sight. Hilda Fair hfair @cogeco.ca (5/2/2012) Dean lorfida - Letter to Council from CC Barbara Hall From: To: CC: Date: Subject: Attachments: Hello, Communications <Communications @OHRC.on.ca> Rosemary Bennett <Rosemary.Bennett @ohrc.on.ca >, Communications <Communic... 5/2/2012 3.34 PM Letter to Council from CC Barbara Hall B.Hall Proclamation Request FRE May 2.12.pdf; B. Hall Proclamation Request E NG May 2.12.pdf Attached is a letter (both English and French versions) from Barbara Hall, Chief Commissioner of the Ontario Human Rights Commission, asking your Council to consider a proclamation in June 2012. Please forward it to Council and /or the office that generally manages proclamation requests. If you need further information, please contact: Rosemary Bennett Senior Communications Officer Communications & Issues Management Ontario Human Rights Commission 180 Dundas Street West, Suite 900, Toronto, ON CANADA M7A 2R9 Phone: 416 314 4549 Fax 416 314 4533 Connect with us on Facebook< http : / /www.facebook.com /the.ohrc >, Twitter <http / /twitter.com /OntHumanRights >, our website <http: / /www.ohrc.on.ca /> or at the Canadian Association of Statutory Human Rights Agencies <http: / /www.cashra.ca /> www.facebook. com /the ohrc <http: / /www.facebook.com /the.oh rc> twitter. com /OntHumanRights< http : / /twitter.com /OntHumanRights> www. ohrc .on.ca <http. / /www.ohrc.on.ca /> www. cashra .ca / <http / /www.cashra.ca /> NOTICE: Confidential message which may be privileged. Unauthorized use /disclosure prohibited. If received in error, please delete it and advise me by return email Thank You. AVIS: Message confidentiel dont le contenu peut ?tre privil?gi ?. Utilisation /divulgation interdites sans permission. Si re?u par erreur, veuillez supprimer ce message et aviser I'exp?diteur par retour de courriel Merci. Page 1 Ontario Human Rights Commission Office of the Chief Commissioner 180 Dundas Street West, 9th Floor Toronto ON M7A 2R9 Courier postal code: M5G 1Z8 Tel.: (416) 314 -4537 Fax (416) 314 -7752 Commission ontarienne des droits de la personne Cabinet de la commissaire en chef 180, rue Dundas ouest, 9e etage Toronto ON M7A 2R9 Code postal pour livraison : M5G 1Z8 Tel. (416) 314 -4537 Telel.: (416) 314 -7752 Ontario May 2, 2012 Your Worship and Members of Council, Re: Request for Ontario Human Rights Code Day/Week Proclamation On June 15, 2012, Ontario will celebrate the 50th anniversary of the Ontario Human Rights Code. The Code recognizes the dignity and worth of each person and ensures that everyone is free from discrimination and harassment where they live, work and play. Ultimately, its goal is to make sure everyone can reach their full potential and contribute in their communities. We've seen a lot of change in the past 50 years. We've seen the end of segregation, workplaces opening doors to newcomers and women, public facilities accommodating people with disabilities, and systemic barriers within our institutions starting to be broken down. To celebrate these accomplishments, to acknowledge the work that still needs to be done, and to make a commitment to creating equitable, inclusive environments that protect and advance human rights, I invite you to join other municipalities across the province in proclaiming June 15th Ontario Human Rights Code Day, or proclaiming the week of June 11 — 15 as Ontario Human Rights Code Week. Attached is some sample wording. Proclaiming the day or the week gives municipalities an opportunity to encourage all residents to think about how far we have come in 50 years. It can also inspire us all to think about what steps we can collectively take to advance human rights — in our homes, our neighbourhoods and in local government. If you do plan on proclaiming a human rights day or week, please let us know by May 30, 2012, so that we can acknowledge your commitment to human rights as we celebrate this milestone. Yours truly, Barbara Hall, B.A, LL.B, Ph.D (hon.) Chief Commissioner CCM file # MGT2010- 000379 1 SAMPLE PROCLAMATION FOR ONTARIO HUMAN RIGHTS CODE DAY WHEREAS Ontario has been a leader in protecting and advancing human rights for more than 50 years; WHEREAS the Ontario Human Rights Code was first proclaimed on June 15, 1962; WHEREAS each person has the right to be free from discrimination and harassment and to reach their full potential — no matter their race, ethnic origin, place of birth, religion, ability level, sex, gender identity, sexual orientation, or any other status; WHEREAS protecting human rights reduces tension and conflict and creates an atmosphere of mutual respect and belonging; WHEREAS municipalities play a critical role in nurturing human rights and creating equitable environments where everyone is included in work and services and able to enjoy the benefits of their community; WHEREAS each one of us has a role to play in making sure that human rights are respected; NOW THEREFORE BE IT RESOLVED THAT <the municipality of> does hereby proclaim June 15th Ontario Human Rights Code Day. Signed this day of , 2012 by: (Municipality) (Mayor's signature) 2 NiagaraVW Region April 13, 2012 Jim Diodati, Mayor City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, Water /Wastewater Review - Invitation to Participate PUBLIC WORKS Water & Wastewater Services 3501 Schmon Parkway, P.O Box 1042 Thorold ON L2V 4T7 Tel: 905 - 685 -1571 TTY 905 - 984 -3613 Toll -free. 1 -800- 263 -7215 Fax 905- 685 -5205 www.niagararegion.ca With the recent award of the Water /Wastewater Review to Stantec Consulting Ltd., the Public Works Committee suggested that the invitation to participate on the Task Force be reissued. At our meeting of May 5, 2011, the following motion was passed; That a Task Force be formed to include a minimum of 4 Regional and 4 Municipal Councillors, to assist in the oversight of the Terms of Reference for Water/Wastewater Review - Niagara, As Chair of the Task Force, I invite you or a member of your Council to join myself, Vice -Chair Regional Councillor Andy Petrowski, Councillor William Steele of the City of Port Colborne, Councillor John Teal of the Town of Fort Erie. Councillor Paul Grenier of the City of Welland, Councillor Luciano Di Leonardo of West Lincoln and Regional Councillor Tim Rigby of the City of St. Catharines as the Review commences. Participation on the Task Force is an excellent opportunity to stay abreast of the activities of the Review and ensure your concerns and considerations are heard and addressed. Should you or a member of your Council be interested in joining the Task Force please forward your interest to Kevin Bain, Regional Clerk. The next Task Force meeting is April 18, 2012. Kevin Bain, Regional Clerk Niagara Region 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 (905) 685 -4225, Ext. 3222 or 1- 800 - 263 -7215 kevin.bain@a niagararegion.ca I look forward to the opportunity to work collectively on this initiative. It is a priority identified in our 2012 -2015 Regional Council Business Plan and merits a complete and comprehensive analysis. The `local' perspective is a critical aspect of the Review. Thank you for your consideration Mayor Bill Hodgson, \ 'r of Water /Wastewater Review Task Force Copy: Chair and Members of Regional Council Mike Trojan, CAO, Niagara Region Ken Brothers, Commissioner of Public Works Brian Hutchings, Commissioner of Corporate Services Building Community. Building Lives. AGENDA PAGE 119 - 120 NUMBER MOVED BY: SECONDED BY: yocVoratrun of MOTION 1 THAT THE COUNCIL OF THE CITY OF WELLAND receives for information the correspondence from the Toronto 2015 Pan /Parapan American Games Organizing Committee dated March 1, 2012 regarding expression of interest - baseball /softball venue; and further THAT Welland City Council directs staff to submit an expression of interest with the proviso that Welland is able to secure partnering municipality(ies) to coordinate the event and that only existing fields of play are utilized for the baseball /softball events. CARRIED LOST NOT PUT 1 1 09-73 REF. NO. LAROUCHE PETRACHENKO CARL GRENIER MCLEOD DIMARCO LETOURNEAU CHIOCCHIO CAMPION GRIMALDI WRIGHT -_ -- FORTIER MAYOR SHARPE Niagara Falls 4481 Queen Street, Niagara Falls ON L2E 2L4 P: 905 - 356 -5444 F: 905 - 356 -5667 www.codnf.ca April 4, 2012 His Worship Mayor Diodati and Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Members: Celebrate Old Downtown Community Corp. is a not - profit organization created by the Downtown Board of Management to promote the downtown core through events. Celebrate Old Downtown is planning a number of street events throughout the 2012 year. We will be starting this year with Springlicious, as it was our most successful event of last year. We are requesting that the City of Niagara Falls declare this event on June 1st, 2nd and 3rd, 2012 as a Community Festival. We would like to request the relief of cost associated with the following: Street Closing We are requesting permission to close Queen Street from Zimmerman Avenue to the Buckley Ave and Valley Way from Queen Street to Huron Street. We will also require all side streets leading onto Queen to also be closed to ensure Queen Street becomes a pedestrian only area. We would like the closure to commence Thursday May 31st at 6 p.m. through Sunday June 3rd at 12 p.m. thereby allowing enough time for set -up and teardown for the event. We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Stages We would like to put the main stage at the corner of Erie Avenue & Queen Street on Queen beside the old Rosburg property. The stage will be operating until 11:30 p.m. Friday June 1st, Saturday June 2nd and until 6:00 p.m. on Sunday June 3rd, provided that permission has been granted. To accommodate the main stage, we are requesting the use of the hydro hook -ups near City Hall to power the stage, and request the noise by -law be extended from the 9:00 p.m. to 11:30 p.m. for the Friday and Saturday nights. We are going to have a second stage that will be placed at the intersection of Crysler and Queen Street on Crysler. This stage will be used only for smaller scale bands and children's entertainment. This area will be operational during a similar time as the main City Hall Stage. 1 of 3 Niagara Falls 4481 Queen Street, Niagara Falls ON L2E 2L4 P: 905 - 356 -5444 F: 905 - 356 -5667 www.codnf.ca Cleaning Celebrate Old Downtown and the Springlicious Committee would like to request that the City assist us with a sweeping of the street late at night on the Friday, Saturday and Sunday nights. Water Hook -ups Last year we used the fire hydrant on the corner of Ontario Avenue and Queen Street to supply the food vendors with fresh running water to their booths. This year we would like to again, request the use of the hydrant, and a second location on corner of Queen Street and St. Clair Avenue with the City installing a multiply line water hook -up on each hydrant. Washrooms There will be 14 portable washrooms on site, 4 of the units will be handicap /childcare accessible, plus 4 hand washing stations. There will be 4 in the city hall courtyard and the remaining 10 units will be spread out throughout the event venue. There will be a contractor with a pumping truck on site throughout the event to maintain the units. Parking Permits During the event, vendors and event goers will be occupying all parking spaces on Queen Street and the organizers respectfully request that the City waive any costs for metered parking spaces for the duration of the event. Health Regulations There will be numerous food vendors at this event as it is a food festival. All food vendors will have to submit a completed Niagara Regional Public Health form with their Vendor Application upon being approved to participate in our event. Insurance Niagara Falls Downtown Board of Management will have event insurance in place, as required under the City Special Events Policy Food Vendor Licensing Fees Celebrate Old Downtown would like to also request a reduced food vendor fees since this is an event to promote the Downtown core and as a not for profit organization we will be using the raised monies for the ongoing revitalization of the area. Fire Safety The event coordinator Kevin White, will meet with the Fire Department to discuss any of their concerns about the event, such as cooking, laneways, electrical and water lines. 2 of 3 Niagara Falls 4481 Queen Street, Niagara Falls ON L2E 2L4 P: 905- 356 -5444 F: 905 - 356 -5667 www.codnf.ca Emergency Access A minimum of 20 feet in width shall be maintained between all tents, objects, booths, fencing, etc., so as to ensure that in the occurrence of an emergency, the roadway may be opened and emergency vehicles shall have access to the entire closure area. Security There will be a private security company on site; as well as, Niagara Regional Police presence. Sincerely, Kevin Clement Chairperson Celebrate Old Downtown 3of3 SNOIlf11OS32I ROTARY CLUB OF NIAGARA FALLS SUNRISE Rota r' 0.11.11, \larch 1q_ 2012 1 he City of Niagara halls 4 I0 Queen Si. PO Box 1023 Niagara Falls. ON 12i )t Niagara \ttentiun: Mr Dean lortida. City Clerk ID i ise P.0. 13o; 142, Niagara Falk. ON 020 PSS RI. RuttnA ('lub or Niagara Falls Sunrise Ribfest and BBQ June I5 In. and I- 2012 Dear Dean I he Rotarz Club or Niagara halls Sunrise_ Ribfest and BBQ committee respectfully ask The City of Niagara talk to declare our 81' Annual Ribfest a Conuuunit■ [_vent, to be held June 15w, 16`'' and 1? ' at Optimist Hall LK: Park [ esters have been sent to the Lire Department, Health Department. and Police Department [here are no pltnne�l char t, to our site plan h'Oln 201 I. 1 he Rotary club of Niagara halls Ribfest committee is looking I-tam ard to a successful event that pro sides tin) and entertainment for all Our e),ent is to raise binds that go back into the Community for such projects as Project Share. Rotary House. GNCH l- oumlauons. I Ieart Niagara. and the School Breakfast Program to name a tee), It more intormation is required_ please do not hesitate to contact me 01 tit 1905) 6.51-2432 or email cdoattrighthd cona assistance and support of our event! ccrel), '011 \\ right )n behallorthe '012 Ribiest Committee ( ell No 01)5 -651 -?132 slit .r _>0'lOn>v i_h_titi.. oi,t 6235 Don Murie St.~ Niagara Falls, ON 1 2[ S ( dl KV NIAGARA FALLS SUN AA D V fl - r The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Rotary Club ofNiagara Falls Sunrise is planning their eighth annual " Ribfest- from June 15' - 17th, 2012 at the Optimist Club; and WHEREAS the Ribfest is a well - established and popular event in the community; and WHEREAS the Rotary Club of Niagara Falls Sunrise financially supports numerous community organizations and projects; and WHEREAS this event is expected to attract between 40,000 to 75,000 persons from throughout Ontario and Western New York; and WHEREAS this event will assist the Rotary Club in reaching their financial objectives for giN ing funds to the community; and WHEREAS to obtain a Special Occasion Liquor Licence 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 the Rotary Club of Niagara Falls Sunrise Ribfest to be 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 (5/3/2012) Dean lorfida - SOP Permit or Women Who Care for Project Share event in June 8 -11 Page 1 From: " Pysher, Bob" <bob.pysher @niagararegion.ca> To: "'diorfida @niagarafalls.ca "' <diorfida @niagarafalls.ca> CC: 'Bill Matson' <billmatson @niagarafalls.ca> Date: 5/1/2012 1:46 PM Subject: SOP Permit or Women Who Care for Project Share event in June 8 -11 Hi Dean, I am in the process of trying to obtain a SOP for the GNBA as we have been asked to run the beer gardens for the Project Share Women Who Care Event. I understand the LOBO needs a copy of the letter sent to the City, NRP and Fire Department. Is there a standard letter that I can use as a template to meet this requirement. Can you forward to me if so? Can I also ask you about a section in the SOP application regarding "municipal significance" and how or what that applies to? Do I need to apply for this through the Clerk's Department? What advantage or benefit is there in doing so? I look forward to your help I need to have this completed by end of week so any assistance you can provide would be greatly appreciated. Thanks, Bob Bob Pysher Purchasing Agent Corporate Services Department 2201 St. David's Road, PO Box 1042 Thorold, ON L2V4T7 Tel 905 - 984 -3657 Fax 905 - 682 -8521 The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system Thank you. The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Women Who Care For Project SHARE (the "event") is scheduled for June 8 to June 12, 2012 at Oakes Park, and WHEREAS Project SHARE is a non - profit organization in our community that assists local residents that fall below the poverty line: and WHEREAS this is a well- established and popular event in the community, which sees notable community individuals live in a tent to raise needed support and awareness for Project SI IARE; and WHEREAS the last event raised closed to $160,000 for the organization; and WHEREAS this year's event proposes a beer garden to be run by the Greater Niagara Baseball Association; and WHEREAS to obtain a Special Occasion Liquor Licence 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 the Women Who Care For Project SHARE a public 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 '4117140 5111;" CITT OF ! CABADA ��A�4RA FALLS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the fifth annual Niagara Music Awards (the "event -) is scheduled for July 24, 2012; and WHEREAS this year's event will take place in the theatre of the Niagara Centre of the Arts (the former NFCVI), a well known venue in our community; and WHEREAS the event fosters awareness and exposure for members of the local music scene; and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO). the event requires a resolution of Council recognizing it as a public event of municipal significance; and THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the fifth annual Niagara Music Awards to be 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 XJ m 0 cn CD- 2012 -04 NiagaraJaps May 8, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2012 -04 Adult Entertainment Licence Revocations, April 24th Hearings RECOMMENDATION That based on the recommendation of the Adult Entertainment Appeals Committee, the decisions of the Issuer of Licences to revoke the licences of the appellants be upheld. EXECUTIVE SUMMARY Any revocation, suspension or refusal of a business licence allows for an appeal process. Under the City's Live Adult Businesses By -law, a committee of Council has the authority to hear appeals and make recommendations to Council. Two appeals were heard on April 24, 2012 at City Hall as a result of the revocation of the licences of two individuals by the Issuer of Licences from the Police Services Board. The hearing followed the provisions of the Live Adult Businesses By -law. Upon conclusion of the evidence, the committee made decisions on the two matters and their recommendation is contained in the recommendation report for Council's approval. BACKGROUND City By -law 2002 -197 (the "By- law "), is a by -law that provides for the licensing, regulating, governing, classifying and inspecting of body -rub parlours and a certain class of adult entertainment parlours. The City has an agreement with the Regional Municipality of Niagara Police Services Board delegating the administration, inspection, enforcement, licensing and regulating of adult entertainment parlours. The City maintains the administration, inspection, enforcement, licensing and regulating of body rub parlours. Under By -law 2002 -197 if an applicant is refused a licence or has their licence suspended, they may appeal the decision of the Issuer of Licences. An existing licensee, who has their licence revoked, automatically receives a hearing before the committee of Council. Upon conclusion of a hearing before the Committee, a written report shall, as soon as practical, be presented to Council. This report is a result of two appeals heard on April 24, 2012 at 3:30 p.m. in Committee Room #1, City Hall arising out of the revocation of an adult entertainer's license by the Issuer of Licences from the Police Services Board. Notice of the hearing was posted on the Committee section of the City's website. May 8, 2012 - 2 - CD- 2012 -04 ANALYSIS /RATIONALE Revocation of Licence The Issuer of Licences from the Police Services Board issued a recommendation to revoke the licences of two adult entertainers. The entertainer in the first appeal was charged with break and enter and assault from an alleged incident in which he confronted the victim in the victim's home. The entertainer in the second appeal was charged with possession of controlled substances (cocaine, ketamine and GHB)after leaving an adult entertainment parlour. The latter two substances are known as date rape drugs. Of the entertainers neither have had their charges heard before the courts nor have prior convictions. The Issuer of Licences recommended the revocation of licences under the following grounds under the By -law: 19(2)(g): the past or present conduct of the applicant or of anyone or more of the persons referred to in paragraph (b) of this subsection affords reasonable grounds for belief that the carrying on of the business in respect of which the licence is sought would infringe the rights, or endanger the health or safety, of one or more members of the public; The decision by the Issuer of Licences to recommend revocation without a formal conviction was based on section 22 of the by -law: 22. In deciding whether to grant, refuse, revoke or suspend a licence, or allow a licence to continue subject to conditions, the Council may receive relevant evidence of and act upon, the fact that one or more persons have been convicted of an offence, but may also consider and act upon evidence of conduct, whether or not prohibited by this By -law or any other law, or which could be the subject matter of a charge under this By -law or any other law, whether or not any charge or conviction may have resulted or may in the future result, from such conduct. Hearing The first appellant, prior to the hearing, indicated to the writer that he had no interest in attempting to regain his licence and decided to not appear at the hearing. The second appellant also did not appear. The Issuer of Licences presented evidence related to the offences. The Committee's recommendation to uphold the revocation of licence based on the following points, amongst others: ► Despite being only charges at this point, the severity of the alleged offences is serious. ► The appellants were no -shows at the hearing and the first appellant indicated he had no interest in regaining his licence. ► If the charges were dismissed, the appellant could reapply for a licence at that time. Based on the Committee's recommendation, Council can uphold the revocation of the licences as per section 15(6)(d) of the By -law. May 8, 2012 3 FINANCIAL /STAFFING /LEGAL IMPLICATIONS CD- 2012 -04 The hearing and recommendation report are in compliance with the provisions of the City's Live Adult Businesses By -law (2002 -197, as amended). Recommended by: Dean Iorfida, City ,Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer DI NiagaraJalls REPORT TO: SUBMITTED BY: SUBJECT: F- 2012 -22 May 8, 2012 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance F- 2012 -22 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. EXECUTIVE SUMMARY Property owners are able to seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the first report for 2012. Adjustments totalling $327,982 are being recommended in this report with allocations to be made to City, Regional and School board revenue. In the 2012 General Purposes Budget, an allowance has been established for these expenditures. At this time the allowance provided in the General Purposes Budget is adequate to account for the City's proportionate share of approximately $114,794. BACKGROUND This report is the first report this year in relation to s.357 and s.358 reductions. ANALYSIS /RATIONALE Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. May 8, 2012 - 2 - F- 2012 -22 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The 2012 General Purposes Budget provides an allowance for tax write -offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties that staff are recommending receive adjustments due to successful appeals. An amount of $327,982 in adjustments are listed. The City's approximate portion is $114,794 and has been accounted for in the 2012 General Purposes Budget. The balance of approximately $213,188 represents adjustments for the school boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. LIST OF ATTACHMENTS Table 1 - Application for Cancellation, Reduction or Refund of Taxes Recommended by: Respectfully submitted: TH /af Todd Harrison, Dir:ctor of Financial Services Ken Todd, Chief Administrative Officer Q) NN CD CD CO I CY 00(0(0. -0) h n CON c^) CO H NM O0 c00 P CV CO CO co co OD CO n t 0 Ul .-N (40640 cif .- x„'F- c .-rQl .T (0 c0 V M "c')m 44 SetttO ar O) a}.7 ap 6Q. N� h (0 l' v 000'4 (0O e/}in000C? N OD' • -- T' 10 0i0 64 M 4 I � N 1 4Y N X x v. 4 2. 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CI) 0100 L V 0 01 01 Q1 0 co 16 (G !R (r0. 4 co _ m ma CO 41 CO '- E. E E E E c m E .5 E E E E E 11°71 (a m es i p 0 0 4) 0 0 . 0 ra 0 m (9 4:1 a) 4 OO O OO O 00 Ci O 0 c.„11,-, OO1 1c`G C -i N N N N N N V —'1 [V ('d '<V ,)Ic3; N o 0 W 2 t� G4<<X� ,v 1 (] �N 0U 77 V N N N V' (r ' -7 -)JJ N � V v ti w J t_ v N w (J ^a O ^t N Z Z tq r r v L! Vi T 0iuww-- Nr 0.1 CM -1 .J .( Z G 01 3,3 !. 4 0272 ONO v;mmmro? CV 1 z 4 r) J a u c' rn ai o; d a ■u C4 Ca N rtf lL Z :t_ 2 Z 2 '�' O WI (..4 '7 Cb EL' ca (n to Cs to m m (t: U) xl5 V> c c, rs m 012 D :=_ u (o Za.e. '� c c r Z Z [�[ u. v v HR- 2012 -03 NiagaraJalls May 8, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls Ontario SUBMITTED BY: Human Resources SUBJECT: HR- 2012 -03 Code of Ethics RECOMMENDATION That Council approve the attached Code of Ethics (Conflict of Interest) Corporate Policy. EXECUTIVE SUMMARY In the 2011 - 2014 Strategic Priorities, Council and Senior Staff identified eight specific priorities for focus. The Strategic Priorities are intended to help move our community successfully into the future by identifying key areas of focus and outlining activities for building strength in each of these areas. In addition, the Strategic Priorities are also a tool for decision making and will enhance organizational effectiveness and demonstrate accountability to the community. One of the eight priorities identified was Customer Service Excellence. Within this area of focus, Council and Senior Staff identified the need to develop a Code of Ethics Corporate Policy, as it would assist with committing to a values -based corporate culture. CITY'S STRATEGIC COMMITMENT Over the course of the last year, staff have placed a significant amount of time and effort on Customer Service Excellence. Some of the projects completed to date have included the development of Corporate Values, Corporate Customer Service Excellence Standards, and the facilitation of corporate -wide training of all full time staff on customer service excellence. Approving the recommendation of the attached Code of Ethics Policy would be consistent with the Corporation's strategic priority to committing to a values -based corporate culture. ANALYSIS /RATIONALE Implementation of the Code of Ethics Corporate Policy will ensure that the Corporation, Elected Officials, Senior Staff and all employees conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties for the organization. Further, it will also demonstrate the City's commitment to a values -based corporate culture, May 8, 2012 - 2 - and ensure that personal interests do not conflict with the interests of the City. Recommended by: Approved by: TD HR- 2012 -03 Trent Dark, Director o Human Resources Ken Tod Chief Administrative Officer HUMAN RESOURCES DEPARTMENT Niagara a11s SUBJECT Code of Ethics /Conduct (Conflict of Interest) Policy # 400.42 CORPORATE POLICY ISSUE DATE April 2012 Revision Date: 1. POLICY STATEMENT Employees of the City of Niagara Falls are expected to conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties for the organization. Employees are required to support and advance the interests of the organization and avoid placing themselves in situations where their personal interests actually or potentially conflict with the interests of the City. The City of Niagara Falls is committed to conducting business in an open and ethical manner. We accomplish this by creating a workplace built on the core values of accountability, leadership, teamwork and respect in all our business practices. It is the responsibility of every employee to build and maintain this code of ethics by supporting, and actively participating in the process. 2. APPLICATION This policy applies to all City of Niagara Falls employees, including but not limited to regular, temporary and contract employees, and to volunteers, students and interns (collectively called `'Employees "), as well as elected officials. This Policy is intended to supplement any other requirements imposed by applicable legislation, standards of professional practice, or any other requirements imposed by relevant City entities or departments. The standards outlined in this policy are also particularly relevant to employees or elected officials who are in a position to make or influence decisions of the organization. 3. RESPONSIBILITIES & EXPECTATIONS 3.1 Elected Officials - All elected officials are expected to work together to promote a workplace built on our core values of accountability, Leadership, teamwork and respect. - Elected Officials are expected to set a prime example. In all their business dealings, honesty and integrity shall be required. - In accordance with the Municipal Conflict of Interest Act (R.S.O. 1990, Chapter M.50), City Councillors must report any conflicts of interest regarding their position at the City of Niagara Falls. - And, they must report any suspected violations. 3.2 Senior Management - All senior management staff are expected to work together to promote a workplace built on our core values of accountability, leadership, teamwork and respect. - Senior Staff are also expected to set a prime example . In all their business dealings, honesty and integrity shall be required. - Shall have an open door policy allowing for the free discussion of suggestions and concerns from employees. - Must report any conflicts of interest regarding their position at the City of Niagara Falls. - Must report any suspected violations. Page 1 of 5 HUMAN RESOURCES DEPARTMENT ,07:0000,-74, NiagaraJalls SUBJECT Code of Ethics /Conduct (Conflict of Interest) Policy # 400.42 CORPORATE POLICY ISSUE DATE April 2012 Revision Date: 32 Managers & Employees - All employees are expected to work together to promote a workplace built on our core values of accountability, leadership, teamwork and respect. - Disclose any conflicts of interest regarding their position at the City of Niagara Falls. - Report suspected violations. *Retaliation against employees who use these reporting mechanisms to raise genuine concerns will not be tolerated. 4. DEFINITIONS 4.1 Conflict of Interest A conflict of interest refers to a situation in which private interests or personal considerations may affect one's judgement in acting in the best interest of the City of Niagara Falls. It includes using one's position, confidential information, corporate materials or facilities for private gain or advancement or the expectation of private gain or advancement. A conflict may occur when an interest benefits any member of the employee's family, friends or business associates. 4.2 Code of Ethics A written set of guidelines issued by an organization to its workers and management to help them conduct their actions in accordance with its primary values and ethical standards. 5. EXAMPLES OF CONFLICTS OF INTEREST The following examples and rules that follow, do not exhaust the possibilities for conflicts of interest. However, they do identify obvious situations covered by the policy. 5.1 Special Treatment Employees and officials are not allowed to use their positions to give anyone special treatment that would advance their own interests or that of any member of the employee's family, their friends or business associates. 5.2 Receiving Fee's or Gifts Employees and officials may not accept gifts, money, discounts or favours including a benefit to family members, friends or business associates for doing work that the city pays them to do. However, it is important to note there are some exceptions when promotional gifts of nominal value may be received. Such examples include the following: sponsored corporate events, meetings which may take place over lunch, dinner or a golf game, donations to a corporate function etc). Staff are directed to report any potential conflict of interest, or attempt to create bias, or offer of a gift with a significant monetary value that occurs in the performance of their regular job duties, or while off -duty, but acting as a representative of the organization. If such occurrences take place, Page 2 of 5 HUMAN RESOURCES DEPARTMENT _...00,/",--;00,"--,t. Niagaraaalls SUBJECT Code of Ethics /Conduct (Conflict of Interest) Policy # 400.42 CORPORATE POLICY ISSUE DATE April 2012 Revision Date: employees must document and report the occurrence to the Director of Human Resources. 5.3 Outside Work or Business Activities Employees may not engage in any outside work or business activity: (a) that conflict with their duties as city employees; (b) which use their knowledge of confidential plans, projects or information about holdings of the corporation; and (c) that will, or is likely to, negatively influence or affect them in carrying out their duties as city employees. 5.4 Using City Property Employees may not use, or permit the use of, items of city property, facilities, equipment, supplies or other resources for activities not associated with their work. Any exceptions to this must be expressly approved by the Departmental Director and or Chief Administrative Officer. 5.5 Confidential Information Employees may not disclose confidential or privileged information about the property, or affairs of the organization, or use confidential information to advance personal or others' interests. Employees cannot divulge confidential or privileged information about the city's employees without those employees' written authorisation. NOTE (Confidential lnformation) The rule against giving out confidential information does not apply to an employee who alleges wrongdoing on the part of the city or its Council members, officers, employees, agents or contractors - as long as the disclosure of such information is not frivolous, vexatious or slanderous - and making the disclosure serves the public interest and is made in accordance with the provisions of this policy. This reporting of wrongdoing is known as whistle - blowing. 5.6 Financial Interest Employees who knowingly have financial interests in a city contract, sale or other business transaction, or have family members, friends or business associates with such interests, must not represent or advise the organization in such transactions. 6. GUIDELINES FOR MANAGEMENT & PROFESSIONAL STAFF Some positions in the organization are more susceptible than others to conflicts of interest. The following two sections are specifically for elected officials and executives, directors, managers and employees who give professional advice or assistance, or who work on program policies or budgets. These sections also refer to employees in confidential positions working with the above mentioned staff. 6.1 Representation of Others Page 3 of 5 HUMAN RESOURCES DEPARTMENT Nia,ara rills SUBJECT Code of Ethics /Conduct (Conflict of Interest) Policy # 400.42 CORPORATE POLICY ISSUE DATE April 2012 Revision Date: Staff described in the paragraph above may not appear before Council or a city committee on behalf of a private citizen other than himself/herself, his/her spouse, his /her parents, or his/her minor children, where the employee is either paid, or is involved in any way in the issue /policy. 6.2 Appointments Staff who seek positions or appointments to a committee or board (except in the capacity of a city employee, or staff liaison to a Committee of Council), will require permission from their Departmental Director or designate before accepting appointments to a municipal, provincial or federal commission(s), boards and or committees. Staff who hold positions as board members on community agencies that deal with issues related to their work at the city should inform their departmental director and manager of their appointments. When agency issues arise that place them in actual or potential conflict with city policy or procedures, they should declare a conflict of interest with the Board and notify their departmental director of the conflict. 7. HOW TO REPORT A CONFLICT OF INTEREST When an employee reports a conflict of interest to his /her director /manager or Human Resources, it needs to be in writing. A copy of the report will be forwarded to the Director of Human Resources in writing, who will then forward the report to the City's Chief Administrative Officer (CAO). All records of workplace wrongdoing reports and subsequent investigations are considered confidential and will not be disclosed to anyone except to the extent required by law. The City of Niagara Falls will do everything it can to protect the privacy of the individuals involved and to ensure that the Complainant and the Respondent are treated fairly and respectfully. In addition, the City will protect this privacy so long as doing so remains consistent with the enforcement of this Policy and adherence to the law. This Policy encourages employees to freely express - in a responsible and orderly fashion - their thoughts, opinions, and feelings regarding workplace wrongdoing complaints. Retaliation by the Respondent, or anyone acting on behalf of the Respondent, against the Complainant is strictly prohibited and will result in appropriate disciplinary action up to and including termination. Retaliation by the Respondent, or anyone acting on behalf of the Respondent, against any witness providing information about a workplace wrongdoing report, is also strictly prohibited. Acts of retaliation include (but are not limited to) interference, coercion, threats, and restraint. This Code of Ethics Policy will not be used to bring fraudulent or malicious complaints against employees. Any complaint made in bad faith, if demonstrated as being such through convincing evidence, will result in disciplinary action being taken against the individual lodging the fraudulent or malicious complaint. Page 4 of 5 HUMAN RESOURCES DEPARTMENT Niajarapalls SUBJECT Code of Ethics /Conduct (Conflict of Interest) Policy # 400.42 CORPORATE POLICY ISSUE DATE April 2012 Revision Date: S. FAILURE TO COMPLY WITH THE POLICY Employees who fail to comply with this policy are subject to disciplinary action up to and including termination. 9. IMPLEMENTATION Managers and supervisors must make the policy available to all employees and must discuss the entire policy with their employees and highlight any of the rules that have particular relevance, given the nature of the employees' work. Managers and supervisors who need assistance interpreting rules and how they apply to specific situation's should consult with their Departmental Director and or Human Resources. Serious consequences may result from the contravention of this policy. Employees should check with management if they need assistance in interpreting whether a situation they have experienced, or are confronting puts them in a conflict of interest situation. DATE OF APPROVAL March, 2012 Page 5 of 5 Niagarapalls Draft REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources SUBJECT: HR- 2012 -05 Council Remuneration HR- 2012 -05 May 8, 2012 RECOMMENDATION That Council reaffirm By -Law 99 -22, retroactive to January 1, 2012. EXECUTIVE SUMMARY Over the years, the City of Niagara Falls has adopted a variety of methods to determine Council wage increases including a Mayor /Alderman Remuneration Committee and the use of economic comparables, i.e., the Consumer Price Index. Until Council's decision to freeze their salaries in 2009, the most recent method has been to align remuneration with the same percentage that was provided to union (non - union) staff (see attached By -law from 1999). At their March 22, 2010, Council passed a motion to defer a decision on their salary increases until closer to the end of their respective term and for the recommendation and consideration of the next Council. At the meeting of October 4, 2010, Council deferred report HR- 2010 -10 which outlined possible methods for future salary increases of Council. This report recommends salary increases consistent with By -law 99 -22 and aligned with the negotiated increases ratified by CUPE Local 133 and afforded to all non -union staff. CITY'S STRATEGIC COMMITMENT The proposed increases are consistent with Council's strategic priority to monitor costs and improve the efficiency, service and excellence within the organization. ANALYSIS /RATIONALE Based on the research, the proposed salary increase is reasonable and consistent with industry norms. The City's compensation strategy to strive toward the market median position and this increase shall be consistent with By -Law 99 -22. May 8, 2012 FINANCIAL / STAFFING IMPLICATIONS -2- HR-2012-05 This salary increase represents an increase of payroll costs of approximately $4,600 per annum and is incorporated within the approved opera •nal budget for 2012. Recommended by: Respectfully submitted: Trent Dark, Director of Human Resources Ken Todd, Chief Administrative Officer r1/4 L- 2012 -08 NiagaraFalls May 8, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2012 -08 Renewal of Licence Agreement with Hydro One Networks Inc. Land Abutting St. Gabriel Lalemant School Our File No.: 2011 -218 RECOMMENDATION 1. That the City enter into a Licence Renewal Agreement with Hydro One Networks Inc. ( "HONI ") with respect to the use of its lands abutting St. Gabriel Lalemant School, Vine Street, 2. That the Mayor and Clerk be authorized to execute said Licence Renewal Agreement. EXECUTIVE SUMMARY The following are the terms and conditions of the Licence Renewal Agreement: • The term of the Licence Renewal Agreement is 5 years. • The Licence fee is $5.00 per annum plus 50% of the taxes for the lands. BACKGROUND In 1984 the City first entered into a Licence Agreement with HONI (formerly known as Ontario Hydro) for the use of its land located adjacent to St. Gabriel Lalemant School for public recreational purposes. Since 1984 the Licence Agreement has been renewed upon its expiration. The Licence fee is $5.00 plus 50% of the taxes, rates or grants in lieu thereof within thirty (30) days of written demand. ANALYSIS /RATIONALE The proposed Licence Renewal Agreement will ensure the continued public use of the lands for recreational purposes. May 8, 2011 ATTACHMENTS - 2 - L- 2012 -08 Copy of Licence Agreement Renewal Location Map Recommended by: Respectfully submitted: L. Banks Attachments �n Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer HYDRO CORRIDOR Licence Recreational June 30, 2011 LICENCE OF LAND FOR PUBLIC RECREATIONAL PURPOSES BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE (hereinafter called the "Licensor ") - and - CITY OF NIAGARA FALLS (hereinafter called the "Licensee ") RECITALS: A. Her Majesty the Queen in right of Ontario is the owner in fee simple of certain lands located in the City of Niagara Falls in the Regional Municipality of Niagara described as Pt Lot 60, Lot 112 & 113 Plan 109, Lot 6, 7 & 8 Plan 194 Township of Stamford and shown hatched on the sketch attached hereto as Schedule -A-(hereinafter referred to as the `Lands "). B. The Licensee acknowledges that the fee simple interest in the Lands was transferred to Her Majesty the Queen in right of Ontario pursuant to section 114.2(1) of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A, as amended (the "Act ") , and that pursuant to section 114.5(1) of the Act, Hydro One Networks Inc., being a subsidiary of Hydro One Inc. has the right to use the Lands to operate a Transmission System or Distribution System. C. Her Majesty the Queen in right of Ontario confirms that an authorized signing officer of Ontario Infrastructure and Lands Corporation ( "OILC ") has the authority to execute this Licence on behalf of Her Majesty the Queen in right of Ontario, and Her Majesty the Queen in right of ATTACHMENT "1," 2 Ontario and OILC are and shall be bound by all the Licensor's covenants, representations and warranties as provided herein. D. The Licensee has offered to purchase for consideration a Licence to use the Lands for public recreational purposes only. IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Licensor and Licensee hereto agree as follows: Definitions 1. As used in this Licence, the following terms shall have the following meanings: (a) "Authority" means any governmental authority, quasi - governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over the Lands, or the use thereof. (b) ``Business Day" means any day on which the Government of Ontario normally conducts business. (c) "Distribution System" shall have the same meaning as defined in the Act and for the purpose of this Licence includes any part of a Distribution System located on the Lands. (d) "Environmental Contaminant" means (i) any substance which, when it exists in a building or the water supplied to or in a building, or when it is released into a building or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or any part thereof, or to the natural environmental or material risk to human health, and includes, without limitation, any flammables, explosives, radioactive materials, asbestos, lead paint, PCBs, fungal contaminants (including stachybotrys chartarum and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro - chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any environmental laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (e) "Licensee" includes the successors and permitted assigns of the Licensee. (1) "Licensor" includes Her Majesty the Queen in right of Ontario, Ontario Infrastructure and Lands Corporation and the successors and permitted assigns of the Licensor. (g) 3 "Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, permittee, grantee, mortgagee, security holder or other person including any competent authority. (h) "Transmission System" shall have the same meaning as defined in the Act, as amended and for the purpose of this Licence includes any part of a Transmission System located on the Lands. Grant of Licence, Term, Fee 2. The Licensor hereby grants permission to the Licensee on a non- exclusive basis, to use the Lands for recreational purposes only, for a term of five years (hereinafter referred to as the "Term ") commencing on the 1st day of January, 2012 (the "Starting Date ") and a completion date of the 31st day of December 2016 (the "Completion Date ") and subject to the terms and conditions set out in this Licence and which the Licensee hereby accepts and agrees to perform and abide by. 3. For the permission granted herein, the Licensee shall pay to the Licensor a fee in the sum of FIVE Canadian Dollars ($5.00) and the taxes set out in clause 4 below (the "Fee ") as good and valuable consideration, which Fee the Licensor acknowledges it has received. 4. The Licensee shall pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the Term of this Licence or any extension thereof, 50% of all taxes, rates or grants in lieu thereof assessed or levied against the Lands in each and every year during the Term or pay to the Licensor an amount equal to 50% of the amount of the annual taxes, rates or grants in lieu of taxes paid by the Licensor in each and every year of the Term for the Lands. 5. The Licensee shall also pay to the Licensor within thirty (30) days of written demand. in addition to any other monies payable hereunder during the Term of this Licence or any extension thereof, any additional taxes, grants, rates, fees or other assessments or payments in lieu thereof that the Licensor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of such charges or levies applicable to the Lands as owned by the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein. 6. The Licensee shall pay all applicable taxes on any and all payments, if required by law. 7. If the Licensee overholds after the expiration of the Term of this Licence and the Licensor thereafter accepts the Fee for the said period of overholding, the Licensee shall hold the Lands as a monthly tenant only, at a rate equal to 125% of the Fee payable during the last month (or last year whichever is applicable) of the Term but subject in all other respects to the terms and conditions of this Licence and the Licence shall be terminable by the Licensor on thirty (30) days prior written notice. Use of Lands 8. The permission granted herein does not confer any rights in regard to any lands and roadways which are not under the Licensor's jurisdiction and control. 4 9. (a) The Licence is subject to the primary right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, to the subsurface easement in favour of Hydro One Telecom Inc. and to all leases, subleases, easements, licences, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Licensor or Hydro One Networks Inc., and despite anything to the contrary, it is agreed that the Licensor and Hydro One Networks Inc. hereby reserve the unrestricted right in their sole discretion without any claim or compensation to the Licensee, to renew, extend, issue or grant such rights aforesaid on terms and conditions entirely satisfactory to the Licensor or Hydro One Networks Inc. (b) For the sake of clarity, and in no way limiting anything in clause 9(a), the Licensee explicitly acknowledges and. agrees that Hydro One Networks Inc. has first priority to use the Lands for the purposes of transmission and /or distribution and that this Licence is subordinate to that prior and primary right of Hydro One Networks Inc. 10. The Licensee acknowledges that no representations or warranties have been made by the Licensor, or anyone acting on its behalf, as to the condition of or title to or the use or zoning of or with respect to any other matter or thing in connection with the Lands or as to the performance of any parts thereof or as to the presence or absence of hazardous substances on the Lands including, without limitation, urea formaldehyde foam insulation and any Environmental Contaminant. The Licensee acknowledges that the Lands are licensed on an as is, where is" basis and that no representation or warranty is expressed or can be implied as to title, description, fitness for purpose, quantity, condition or quality thereof or in respect of any other thing whatsoever and the Licensee shall complete the term of this Licence or any extension thereof without abatement of the Licence Fee or any other claim in respect of the Lands or the use thereof. 11. The location and plans of any area or areas for the parking of motor vehicles must have the prior approval of the Licensor in writing and unless otherwise stipulated herein must not exceed 10% of the area of the Lands. Except for the parking of motor vehicles in such designated areas, all motorized vehicles and equipment other than those of the Licensee used for maintenance purposes shall be prohibited. 12. The construction or reconstruction or location of all initial and future improvements, buildings and structures and the grading and planting of trees on the Lands is subject to the prior written approval of the Licensor and Hydro One Networks Inc. Licensee's Covenants 13. The Licensee shall, except in the case of emergency, before commencing any work authorized by this Licence or intended so to be, give to the Licensor 3 Business Days prior written notice, and in cases of emergency such previous notice as is reasonably possible, and during any construction work, repair and maintenance, the Licensor and /or Hydro One Networks Inc. may have its /their representatives present, for whose time and necessary expenses the Licensee shall pay on presentation of invoices therefor. 5 14. The Licensee shall comply with all provisions of law, including, without limitation, all federal and provincial legislative enactments, municipal by -laws and any other governmental or municipal by -laws, regulations and orders, that relate to the Lands, the Licence or the exercise of any of the rights or obligations in the Licence herein granted. 15. The Licensee shall comply with the design standards of Hydro One Networks Inc., Canada Standards Association Standard C -22.3, the 'Safety Rules and Standards Protection Code' of Hydro One Networks Inc., The Occupational Health and Safety Act, R.S.O. 1990 and any amendments thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 16. (a) The Licensee shall not permit on the Lands, at any time during the Term of this Licence or any extension thereof the presence of any Environmental Contaminant, except in strict compliance with alI applicable laws of any relevant Authority including, without limitation, environmental land use, occupational health and safety laws, regulations, requirements, permits and by -laws. (b) Without limiting the effect of subsection 16(a) herein, should any part or parts of the Lands be discovered during the course of excavation to contain Environmental Contaminants, (i) the Licensee shall forthwith inform OILC of the discovery of Environmental Contaminants and shall provide OILC with all information that it then possesses or obtains thereafter respecting such Environmental Contaminants, including copies of all environmental reports; (ii) the Licensee shall carry out the excavation of the Lands and the removal, transportation and disposal of all excavated soil and materials at an approved facility in strict compliance with all applicable laws of all Authorities including, without limitation, environmental land use, occupational health and safety laws, regulations, requirements, permits and by -laws. The Licensee shall carry out all environmental inspections, investigations and studies necessary to enable it to comply with all applicable laws. (iii) The Licensee shall comply with all applicable laws so as not pose a risk to any persons or property. (iv) The Licensee shall be fully responsible for the payment of all costs arising out the provisions herein. (c) The Licensee shall ensure that all contracts that it enters into for environmental studies and reports respecting the Lands or the Licensee's works, whether before, during or after construction, will provide for the Licensor and Hydro One Networks Inc. having the full legal benefit of such contracts, studies and agreements. 17. The Licensee shall not in any way use or trespass on any lands adjoining the Lands. 6 18. The Licensee shall not pile snow on the Lands or on any of the Lands adjoining the Lands which would result in piles exceeding two metres (6.5 ft.) in height or being closer than eight metres (26.2 ft,) from any of Hydro One Networks Inc.'s Transmission System or Distribution System. In the event of the Licensee acting in breach of this condition, the Licensor may remove any such pile, and the Licensee shall pay to the Licensor forthwith upon demand all costs of the Licensor for the removal of any such pile of snow. 19. The Licensee, at its own expense, shall remove snow and ice from any public walkway abutting or included in the Lands, if such removal is required by any municipal by -law. 20. The Licensee shall prohibit kite flying and model airplane flying and any other activities which in the opinion of the Licensor or Hydro One Networks Inc. might interfere with the safe and efficient operation of its works or Hydro One Networks Inc.'s Transmission System or Distribution System or be offensive, annoying or dangerous and at its expense shall post signs in suitable locations on the Lands stating that kite flying and model airplane flying and other activities are prohibited. 21. The Licensee shall maintain the Lands and any of the Licensee's installations thereon in a good and substantial state of repair and in a neat and tidy condition satisfactory to the Lessor. In the event the Licensor and /or Hydro One Networks Inc., in its or their absolute discretion, consider it necessary that anti - climbing devices must be installed on its or their equipment, facilities or structures, this work shall be carried out by Hydro One Networks Inc. or its contractor(s), at the Licensee's expense and the Licensee shall pay to the Licensor forthwith upon demand all costs of the Licensor in installing any such fences or barriers. 22. The Licensee covenants and agrees that the Licensee, its uses, works, installations, equipment, improvements, property and Permittees shall not in any way interfere with, obstruct, delay or cause any damage or inefficiencies to any works of the Licensor or of the Licensor's Permittees, or to the Transmission System or Distribution System of Hydro One Networks Inc. now or hereafter constructed or contemplated on, in or in respect of all or any portion of the Lands from time to time, and without limiting the generality of the foregoing, the Licensee shall ensure that the height of any vehicle, load or other object, including attachments, or people standing thereon near Hydro One Networks Inc.'s Transmission System or Distribution System does not exceed 4.115 m (13.5 ft.) above the existing grade. 23. In the event the Licensor considers it necessary that fences or barriers be installed or any part or parts of the perimeter of the Lands or around any of the Licensee's installations, the Licensee shall install such fences or barriers at its expense according to the specifications of the Licensor or Hydro One Networks Inc. 24. Upon termination of this Licence, the Licensee, at its own expense, shall remove any of its installations and facilities from the Lands and restore the Lands to a condition satisfactory to the Licensor, unless notified in writing by the Licensor to the contrary. If the Licensor provides such written notice to the Licensee, all improvements to the Lands shall become the property of the Licensor without costs. Default 7 25. If at any time the Licence Fee or any other amount payable hereunder is not paid when due, the Licensor shall provide written notice to the Licensee of such arrears and the Licensee shall have ten (10) consecutive days from the delivery of such notice within which to pay such arrears, failing which the Licensor may teiiziinate this Licence without any further notice. 26. In the event of default in payment of any amount due by the Licensee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance, compounded monthly until paid. Acceptance of any overdue payment or interest shall not constitute a waiver of any rights or remedies that the Licensor may have hereunder or at law. 27. In the event of default of any of the terms or obligations in this Licence by the Licensee other than payment of any amount due hereunder, the Licensor may provide written notice to the Licensee specifying the failure, and if the failure is not remedied or if adequate and sufficient measures are not being taken to satisfactorily remedy the same within ten (10) consecutive days of the delivery of the notice, the Licensor may terminate this Licence immediately upon the expiration of the ten -day period aforesaid without any further notice. 28. In the event of any default of the Licensee in performing any work, repairs, or other obligations of Licensee under this Licence or making any payments due or claimed due by the Licensee to third parties, the Licensor may perform any such work, repairs, or other obligations of Licensee or make any payments due or claimed to be due by the Licensee to third parties, and without being in breach of any of the Licensor's covenants hereunder and without thereby being deemed to infringe upon any of the Licensee's rights pursuant hereto, and, in such case, the Licensee shall pay to the Licensor forthwith upon demand all amounts paid by the Licensor to third parties in respect of such default and all costs of the Licensor in remedying or attempting to remedy any such default. Right to Enter or Terminate 29. The Licensor reserves the right to inspect the Lands at any time. If in the opinion of the Licensor or Hydro One Networks Inc. the Licensee does anything or permits anything to be done on the Lands or the adjacent lands of the Licensor which may be a nuisance, cause damage, endanger or interfere with access for the Transmission System or Distribution System of Hydro One Networks Inc. or be considered dangerous or offensive by the Licensor or Hydro One Networks Inc. acting reasonably, the Licensor may at the Licensee's expense, forthwith remove, relocate or clear the offending work from the Lands and/or the Licensor's adjacent lands without being liable for any damages caused thereby and the Licensee shall reimburse the Licensor for all expense to the Licensor in so doing or the Licensor may require the Licensee to immediately remove, relocate, clear or cease such activity. 30. The Licensor, Hydro One Networks Inc. and anyone acting pursuant to its authority may at any time upon twenty -four hours' prior written notice to the Licensee or at any time without notice in case of emergency enter on the Lands and inspect, operate maintain, 8 repair, re- arrange, add to, upgrade, reconstruct, replace, relocate and remove any of the Licensor's works or equipment or the Transmission System or Distribution System of Hydro One Networks Inc. and further may construct, add, inspect, maintain, repair, alter, re- arrange, relocate and remove such new works or equipment or new Transmission System or Distribution System as the Licensor or Hydro One Networks Inc. determines necessary or desirable and the Licensor and Hydro One Networks Inc. shall not be liable for and are hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid, including, without limitation, all claims for damages, indemnification, reimbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused or physical damage to the Lands. 31. Despite anything to the contrary in this Licence and without prejudice to the rights of the Licensor hereunder or otherwise, the Licensor shall have the option in its sole discretion at any time(s), to be exercised in each instance by at least ninety (90) days' prior written notice to the Licensee, to terminate this Licence in whole or in part, as the case may be, if (a) the Licensor considers all or any portion(s) of the Lands to be necessary or desirable from time to time for the works of the Licensor or the Licensor's Permittees or the Transmission System or Distribution System of Hydro One Networks Inc.; or (b) the Licensee, its permitted uses, works, installations, equipment, improvements, property and Permittees in any way interfere with, obstruct, limit or impede the right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, all without any claim by or compensation for the Licensee including without limitation for any inconvenience, interruption, nuisance, discomfort, relocation or removal costs caused thereby, but subject to an adjustment in the Licence Fee payable hereunder. 32. If the Licensor delivers notice of termination pursuant to this Licence, then all or such portion of the Lands suitable for existing or contemplated works of the Licensor or the Licensor's Permittees or for the existing or contemplated Transmission System or Distribution System of Hydro One Networks Inc. shall be deemed deleted from this Licence effective on the date set out in such notice (the "Effective Date ") and the Licence shall be deemed to have been terminated or amended, as the case may be, in respect of such specific area(s) as of the Effective Date. In the event of delivery of notice of termination aforesaid, the Licensee shall at its sole expense and without claim or compensation of any kind remove or cause its works to be removed from the Lands or such specific area(s) on or before the Effective Date in the manner set out in clause 24 herein. Without prejudice to the rights of the Licensor hereunder, the Licensor will consider any reasonable request from the Licensee to continue beyond the Effective Date the Licensee's use of the Lands for recreational purposes. 33. The Licensor reserves the right to terminate this Licence in its entirety if the Licensor, in its sole discretion, determines that the Lands are no longer required for the Licensor's purposes or if the Lands or any part thereof are required by any governmental authority. The Licensor shall provide the Licensee with six (6) months notice in writing and the Licensor shall not be obligated to pay the Licensee any compensation therefore subject to an adjustment in the annual Licence Fee payable hereunder. 9 Indemnity and Release 34. (a) All persons and property at any time on the Lands shall be at the sole risk of the Licensee, and neither the Licensor nor Hydro One Networks Inc. shall be liable for any loss, damage, or injury, including loss of life, to them or it however occurring and the Licensee releases both the Licensor and Hydro One Networks Inc. from all claims and demands in respect of any such loss, damage or injury. (b) The Licensee shall assume all liability and obligation for any and all loss, damage, or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Lands by the Licensee or members of the public and the Licensee shall at all times indemnify and save harmless the Licensor and its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others the Licensor is responsible for in law and Hydro One Networks Inc. and its affiliates and their respective successors, administrators, pelmitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom Hydro Networks Inc. is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. The Licensee expressly recognizes and acknowledges that Hydro One Networks Inc. has installed and maintained or has the right to install and maintain a Transmission System or Distribution System on the Lands, and willingly assumes any and all risks associated with its proposed activities in such close proximity to such systems. Notwithstanding the above, the Licensee shall not be liable hereunder for any loss, damage or injury to the extent that it arises from the gross negligence of the Licensor or Hydro One Networks Inc. (c) The Licensee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Licensor in the minimum amount of Five Million ($5,000,000.00) dollars in order to indemnify the Licensor and Hydro One Networks Inc. as provided in subsection 34(b) of this Licence. The Licensee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen in right of Ontario, as represented by the Minister of Infrastructure, and OILC and Hydro One Networks Inc. as additional insureds, (b) contain a cross liability clause, and (c) specify that it is primary coverage and not contributory with or in excess of any insurance maintained by the Licensor or Hydro One Networks Inc. A certified copy of such policy or satisfactory certificate in lieu thereof shall be delivered to the Licensor prior to the commencement of the Term or any extension thereof. 35. In order to induce the Licensor to grant this Licence and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Licensee on behalf of itself, its successors and assigns, hereby (a) releases and forever discharges the Licensor and Hydro One Networks Inc. and each of their respective successors and assigns, from any and all actions, causes of action, claims and demands for damages, loss or injury, howsoever arising, which 10 heretofore may have been and which may hereafter be sustained by the Licensee, its successors and assigns, in respect or in consequence of the termination of this Licence in whole or in part(s), as the case may be, including all damages above described as well as all damage, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof; (b) agrees not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Licensor or Hydro One Networks Inc.; and (c) agrees that the Licensor and Hydro One Networks Inc. may plead this Licence as an estoppel. Assignment 36. The Licensee may permit members of the public to use the Lands for the purposes set out in accordance with the terms hereof, but the Licensee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the Lands or this Licence or any privileges or interests hereby granted to it without the prior written consent of the Licensor which may be unreasonably or arbitrarily withheld, failing which the Licensor shall be entitled to terminate this Licence immediately after the occurrence of such breach. General 37. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended and the Municipal Freedom of Information and Protection of Privacy Act. R.S.O. 1990, c.M.56, as amended, if applicable, respectively. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents . 38. The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by that party any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly waives a right, power or option under this Licence. 39. The Licensee and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Licensor, with the Licence or the exercise of any of the rights or obligations of the Licensee hereunder. The Licensee shall disclose to the Licensor in 11 writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Licence, the Licensee's other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations pursuant to this Licence. 40. Where this Licence requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre -paid registered post or by telecopier, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below. In the case of notice to the Licensor, to it in care of c/o Ontario Infrastructure and Lands Corporation Sales & Acquisitions 1 Dundas Street West, Suite 2000 Toronto, Ontario, M5G 2L5 Attention: Patrick Grace General Manager, Corridor Lands Telephone: (416) 327 -2959 Facsimile: (416) 327 -3942 and, in the case of notice to the Licensee, to it in care of: CITY OF NIAGARA FALLS ATTN: LYNN BANKS, LAW CLERK FOR PROPERTIES 4310 QUEEN ST. P.O. BOX 1023 NIAGARA FALLS, ON L2E 6X5 41. The provisions of this Licence shall be binding upon and enure to the benefit of the Licensor and the Licensee. 42. No interest in the Lands is being conveyed by the granting of this Licence and the Licensee shall not register the Licence or any notice in respect thereof on title without the prior written consent of the Licensor, which consent may be arbitrarily withheld. 43. This Licence shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein and the Parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. 12 IN WITNESS WHEREOF the parties hereto have executed this Licence. Signed by the Licensee at this day of , 20 . CITY OF NIAGARA FALLS Per: Name: Position: Per: Name: Position: I/We have authority to bind the Corporation. Signed by the Licensor at this day of , 20_. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by, THE MINISTER OF INFRASTRUCTURE as represented by, ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: I have authority to bind the Corporation # t - t 1 t '• -1,-7-T i ' : • : ; ' ...--,----T ., , II i I 1 t 1 • ! 1 t T-c- t t, •, I , 4.„-- , „1, , 1 , SCHEDULE "A" Niagaraaq 1s REPORT TO: SUBMITTED BY: SUBJECT: MW- 2012 -21 May 8, 2012 Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2012 -21 Consultant Appointment - Engineering Services RFP15 -2012 Material Testing Services and Geotechnical Investigations Contract for 2012 and 2013 RECOMMENDATION 1. That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Coffey Geotechnics, as the primary consultant for Sections A and B of the Material Testing Services and Geotechnical Investigations contract in the amount of $74,017.00 excluding HST. 2. That a second Consulting services Agreement be signed and executed with Inspec Sol Inc as the secondary consultant for Section A of the Material Testing Services and Geotechnical Investigations contract in the amount of $26,230.00 excluding HST. EXECUTIVE SUMMARY The City of Niagara Falls has a wide variety of soil conditions ranging from hard rock and shale to silty foams and sand. The type and depth of the soil conditions plays a key role in the engineering design for any underground infrastructure construction and it is necessary to identify these conditions prior to tendering and commencing any excavation. The City uses the services of a geotechnical consulting firm to undertake this work on its behalf as the expertise and equipment is not otherwise available in- house. The Material Testing Services and Geotechnical Investigations contract consists of two (2) sections. Section A is for Material Testing Services and Section B is for Geotechnical Investigation Services. Section A is used for quality assurance testing of both the contractor's methods and materials. Section B is used to assess soil conditions and the potential impacts on the proposed infrastructure works and construction techniques. This contract has been structured so that at the end of 2012, City staff can review the consultants performance and decide whether or not to allow the consultant to continue in 2013 or re- tender the contract. The contract also allows the City to select two (2) consultants for Section A of the contract. This will allow staff to quickly engage the services of a second consultant utilizing established unit prices, should the testing results be contested by a contractor. This also allows staff to use a second consultant if the primary consultant is overly busy. Each proposal was evaluated and scored by the Municipal Works Project Managers on the following categories: Applicable Technical Experience and Resources, Proponent's Team Strength and Leadership, Project Experience, Past Performance Record, Past Experience in Niagara, Quality of Proposal Submission, and Price. A score between 1 and 10 is given in each category and then a weighting factor is applied. All of the bidders were given this evaluation criteria in the Request for Proposal. After reviewing and scoring all proposals, staff is recommending that the contract be awarded to Coffey Geotechnics as the primary consultant for Sections A and B of the Material Testing Services and Geotechnical Investigations contract in the amount of $74,017.00 excluding HST. A second agreement needs to be signed and executed for with Inspec Sol Inc as the secondary consultant for Section A of the Material Testing Services and Geotechnical Investigations contract in the amount of $26,230.00 excluding HST. Scoring Results: 1. Coffey Geotechnics Inc 2. Inspec Sol Inc 3. EXP Services Inc 4. Peto MacCallum Ltd 5. LVM Inc 6. AMEC Environmental and Infrastructure 7. Genivar Inc 8. Golder Associates Ltd. BACKGROUND The Municipal Works department of the City uses the services of Geotechnical consultants during the preparation of most Capital projects. Their specialized expertise is required during design to investigate and assess soil conditions and the potential impacts on the proposed infrastructure works and construction techniques. During construction, their services are used for quality assurance testing of both the contractor's methods and materials. This is done on capital projects along with maintenance contracts. The City has awarded the Material Testing Services and Geotechnical Investigation contract under a general two year contract to a single consulting firm for a number of years, based on the lowest tender price. City staff felt it was best to change the contract to a request for proposal so that firms were evaluated on more than just price. A condition was also added allowing City Staff to review the consultants performance at the end of 2012 before renewing the contract for 2013. The individual assignments are made on an "as needed" basis, utilizing the established unit prices. The current tender is to cover the geotechnical services required on Capital projects to be undertaken in 2012 with the option for 2013. May 8, 2012 MW- 2012 -21 Proposals were submitted to the City's Manager of Supplies and Services, Mr. Ray Miller, on Friday March 30, 2012. Nine (9) Consulting Firms were pre - qualified to receive the Tender documents as well as it being posted on the City's Web -site. Eight (8) bids were received. ANALYSIS /RATIONALE Based on a review and scoring of the proposals, Coffey Geotechnics was selected as the primary consultant for Sections A and B and Inspec Sol was selected as the secondary consultant for Section A. We are of the opinion that these consultants are fully capable of successfully undertaking assignments within the scope of this contract. The City's average spending on this contract in the past few years is approximately $100,000 annually. As such, it is felt the City is obtaining good value for the scope of services being undertaken. The assignments to the consultant will occur on an ongoing basis over the term of the contract as their expertise is required on various capital projects during both the design and construction phases. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Financing for the services covered under this contract will be provided from the individual Municipal Works Capital Project Accounts, on an as needed basis for 2012 and 2013 calendar years. Allowances for these services, where anticipated and have been included in the individual Capital Project Budgets. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council's Strategic Priorities: • Organizational Efficiency and Effectiveness LIST OF ATTACHMENTS None Recommended by: Respectfully submitted: Chris Anders Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer MW- 2012 -25 NiagaraFalls May 8, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -25 Tender - Corwin Crescent and Walter Avenue Watermain Replacement RECOMMENDATION 1. The contract be awarded to Demar Construction at the tendered price of $220,198.39. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The consulting firm of Quartek Group Inc. was retained in 2011 to complete the design and prepare the contract documents for the proposed watermain replacement on Corwin Crescent and WalterAvenue. These watermains were identified by our Infrastructure group as needing replacement. Tenders for this contract were opened on Tuesday, April 17, 2012 and the lowest bid of $220,198.39 received from Demar Construction is being recommended for acceptance. BACKGROUND The watermains on Corwin Crescent and Walter Avenue were assigned a rating of "Fair" and "Poor" by the City's Infrastructure Group. Residents have been experiencing poor water quality in this area of the City. Replacing these mains will help improve the water quality and improve the infrastructure in the City. Walter Avenue currently has a combined sewer. During the course of the design, Quartek Group Inc. looked at the possibility of separating the sewers. This was not possible due to the existing elevations of the storm sewer on Corwin Crescent. It is for this reason that only the watermains are being replaced. The watermain on Walter Avenue has been designed in a loop back to the main on Corwin Crescent. This eliminates a dead end in the system reducing the amount of flushing that will be required and improving water quality. The Tender Opening Committee, in the presence of the Project Manager Chris Anders , Clerk's Services Bill Matson and the Manager of Supply and Services, Ray Miller, opened tenders on Tuesday, April 17, 2012 at 1:30 p.m. for the above noted contract. May 8, 2012 - 2 - MW- 2012 -25 Tender documents were picked up by eight (8) Contractors and seven (7) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold. Contractor 1. Demar Construction 2. Peter's Excavating 3. Vic Vatrt Contracting Ltd. 4. Alfred Beam Excavating Ltd. 5. O'Hara Trucking and Excavation Inc. 6. Centennial Construction 7. Alfidome Construction Ltd ANALYSIS /RATIONALE City Tender Price Corrected Bid Niagara Falls $220,199.41 $220,198.39 Stevensville $229,299.00 Welland $229,929.20 Fort Erie $234,388.90 St. Catharines $240,324.00 Niagara Falls $258,980.00 Niagara Falls $276,998.00 The lowest tender was received from Demar Construction in the amount of $220,198.39. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. FINANCIAL IMPLICATIONS The Corwin Crescent watermain replacement project was approved in the 2011 Capital budget for $334,400.00, CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's Strategic Priorities to establish infrastructure investment priorities. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Chris Anders Geoff Holman, Dire,tor of Municipal Works Ken Todd, Chief Administrative Officer Location Plan Niagarafalls Corwin Crescent and Walter Avenue Watermain Replacement Proposed Construction Area April 2012 K. \GIS_Requests \2012\ Custom\ Internal \Mun Works \W atermamReplacement_CorwinCr &W alterAv. map MW- 2012 -28 NiagaraJalls May 8, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole Councillor Victor Pietrangelo, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario Municipal Works Department MW- 2012 -28 Downtown Revitalization Project - Phase 2 Downtown Park Tender Results & Update Contract 2012 -257 -11 RECOMMENDATION 1. The contract be awarded to the lowest bidder Peter's Excavating Inc. at the tendered price of $ 276,048.00 excluding HST. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Niagara Falls City Council previously approved recommendations contained in Report MW- 2009 -84 and MW - 2011 -55 directing staff to proceed with a phased implementation plan for the Downtown (Queen Street) Infrastructure Revitalization Project. On January 25, 2010, City Council approved the recommendation set out in report MW- 2010-01 to award the Downtown Infrastructure Revitalization Phase 1 project to Peter's Excavating Inc. The First Phase has been completed and is currently under the maintenance period. The Second Phase (Phase 2) of this revitalization project included the streetscape works, gateway signage, and the Downtown Park Development (Phase 1). Staff presented the park plans to the Downtown BIA and they are in support of this park project moving forward. Phase 1 will include the removal of the existing parking area and the development of a new park with landscaped areas, a focal water feature, the water molecule sculpture, a children's accessible playground, and walkways. The Downtown Park Development (Phase 1) is scheduled to commence in late April and continue through to late July. May 8, 2012 BACKGROUND - 2 - MW- 2012 -28 The Community Improvement Plan (CIP) recognized that the use of the public spaces in the Downtown BIA would play a large role in returning this area to a successful business district. Staff has worked closely with the Downtown BIA to finalize the park design and has also held public consultation meetings through means of a public charette and Springlicious displays. A Tender was called for the Landscape Development portion of the park development ( #2012- 257 -11). City staff is assisting with this park development. Environmental Services staff and survey staff are assisting with the park servicing works and layout. The Tender Opening Committee, in the presence of the Project Coordinator Jeff Claydon, Clerk's Services Bill Matson, and the Manager of Supply and Services, Ray Miller, opened tenders at 1:30 p.m. on Tuesday April 17, 2012 for the above noted contract. Tender documents were picked up eight (8) Contractors and four (4) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. Firm 1. Peter's Excavating Inc. 2. Stevensville Lawn Service Inc. 3. Touchstone Site Contractors Inc. 4 Montgomery Bros /Dominion Cons. ANALYSIS /RATIONALE City Stevensville, ON Stevensville, ON Thorold, ON NF /Sudbury ON Tender Price Corrected Bid $ 273,048 00 $ 289,614.00 $ 325,617.00 $ 473,273.69 $ 276,048 00 $ 289,564 00 $ 418,818.90 The lowest tender was received from Peter's Excavating in the amount of $ 276,048.00 excluding HST tax. This contractor has previously performed projects for the City of Niagara Falls and has been recommended for contracts. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Staff have been working within the $2,278,100 budget allocated for Phase 2 of the overall project. The Downtown Park Development project was approved for $450,000.00 plus tax, as part of this Phase 2 of the Downtown Revitalization funds. Completion of the Downtown Park Masterplan will be staged in future phases and is contained in the Capital Budget for budget consideration and approval. May 8, 2012 - 3 - MW- 2012 -28 CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's strategic priorities; 1. To enhance economic vitality 2. To invest in infrastructure 3. To promote a healthy and safe community LIST OF ATTACHMENTS 1. Letter - Downtown Board of Management - Fall 2011 2. Plan of Downtown Park (Phase 1) & Park Goals and Input Information 3. Park Location Plan - City parking lot 4. Proposed Downtown Park - Presentation Recommended by: Respectfully submitted: Jeff Claydon Geoff Holman Director of Municipal Works Ken Todd, Chief Administrative Officer THE EAT • SHOP • EXPLORE Mr. Jeff Claydon Landscape Architect City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Claydon, Subject: City of Niagara Falls - Downtown Park Development (Phase 1) Downtown Infrastructure Revitalization Project As per our recent conversations, the Downtown B[A is encouraged to see the City is utilizing in house staff for the installation of the underground park services. We support City staff going to Council on November 28`" 20L1 for additional funding for a clock tower and public washroom building. The goal of having Phase 1 construction of the park completed prior to Springlicious is very positive. The downtown BIA wishes to assist in the ongoing redevelopment of downtown and will advise you in the near future of capital contributions that will be possible. Funding contributions will be discussed at our next board meeting on December 14`x', 2011, 5:30pm at the BIA office. Please feel free fo attend the meeting. Please feel free to contact nee if you have any questions. Thank you. Regards, Vemanja Kuntos, BSc General Manager 1j t Lorrie Penteluke Chair {Irtl CO /atll'UI IVII ],• 'Iru( rd 11\111 ea f -0 s. O cti os W O N o.i W tp as 30 O N a tti 3 C 0 ©ct� t�v o co o 0 �~ o ris N 0 c. .Ci O y 0 0, t4 0. C. 0 N 0`) 0 7 ( O N ti O ? N 0- N C '0 • a � 16 c oC' i o 0 ? o © N ,- `o 0 7, ' � ` S 4- , 'T c I i r .4.-0 6 � CP %) to () O 7 O o 0 i ..e �S o 0 ' 3 a) , a C.) c4 7 0 O v 0 p, 15 O ca W 0 7►. :t5� C. O O j -d Is a. • to V N cd . S N 0 . C. N 0 O t4 � a) '''' s.- U- o °� 4' C3 °' -� �v o� as o. aS 0 .,-. -o tri ea 0 ,_..3 O .— Ile. 1.1 0 o 03 ... ..1.-. .. ip 'E-6 V("3 .• 1.6 "0 VI, e,-3 Cl- (1) u) 7- 0 to co 0- -ta, 3 0 .5-- -, %-3 Gs s•••••• ``‘" ri-5 Vial. S Co 3 0 0- y • I-- .15 --. ,-- 41) -4.-' .....:.-. 0 " , 1--. 0 -, .c., (f) 48 ta v- -IAA) cp 00 cis 0,-- c. 0) 9- 0 04,10..0 O -.6 '-6-) -'.8 0 — 0 c. -- -.s •ko"' 0 .. 0 cx- 3 Z co 0) (I) 9,,) ..-e. %iis.c.1 0- --- CC C'' dr- ...1110111 Ink 1**110.1* Sitil-SS IS **14 *IS is SIS IS SS Mils UR IS IS Mt SS S. us SS IS *SS IR is *I VS - It Is* as • vs sik ,soulloa "awn:oats ria los imot t....tknOtliatritettralik". Iola n." . „ Niagara,Falls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2012 -19 Willoughby Drive Traffic Operations Review TS- 2012 -19 May 8, 2012 RECOMMENDATION That this report be received for the information of Council. EXECUTIVE SUMMARY Safety measures previously implemented at the Willoughby Drive curve has significantly reduced the collision frequency. No further measures are recommended. BACKGROUND City Council directed Staff to carry out a traffic review on Willoughby Drive north of Gunning Drive in response to zoning bylaw amendment application AM- 2011 -014 discussed at the January 24, 2012 Council meeting. Willoughby Drive is a paved collector roadway that extends southerly from Main Street to Marshall Road, and continues further south as an unpaved road. Within the immediate study area, Willoughby Drive is 9.5 metres in width with a boulevard and sidewalk on the west side only. Various signing and marking improvements have been implemented on this section of Willoughby Drive to mitigate a collision problem with drivers not negotiating the curve at a safe speed. These include: a checkerboard arrow sign with flashing beacons chevron alignment signs sharp turn with 25 km /h advisory speed tabs slippery when wet signage painted centre lines, edge lines and medians Outside of the immediate study area, an all -way stop control and supervised school crossing is located at the intersection of Willoughby Drive and Cattell Drive, while a school crossing is present at the intersection of Willoughby Drive and Aberdeen Street. There are two (2) Monday to Saturday daytime transit routes and one (1) Monday to Saturday evening, Sunday and Holiday transit route that utilize Willoughby Drive. Truck traffic is prohibited on Willoughby Drive. Parking is not permitted on either side of Willoughby Drive between Aberdeen Street and Gunning Drive. Willoughby Drive has a 50 km /h speed limit. May 8, 2012 ANALYSIS /RATIONALE -2- TS- 2012 -19 Staff carried out technical studies to address the concerns identified at the public meeting. These include speed studies, a collision history review, sight line review, traffic volume data collection, a review of existing signs and general site observations. Recent traffic counts done on Willoughby Drive identify that it carries approximately 4,400 vehicles daily, which is indicative of its collector classification. Speed studies were carried out using automated traffic recorders which collect speed and traffic volume data continuously for the duration of one week. The data revealed that the operating speed of motorists in advance of the curve is 50 km /h. Motorists were observed proceeding through the curve cautiously and did so without encroaching into the opposing traffic lane. A speeding problem was not observed. A number of signing and other devices have been installed to mitigate incidences with drivers losing control at the bend in the road. The installation of a sharp curve sign with an advisory speed tab is a normal practice to advise drivers that they are approaching a turn in the road with a safe speed lower than the speed limit. Given the number of collisions occurring during adverse weather conditions, "slippery when wet" signs were installed to advise drivers of the reduced wet weather skid resistance. Several other improvements were carried out including the installation of checkerboard arrow signs, flashing amber beacons (now equipped with LED bulbs) and chevron alignment signs. Later in 2005, Staff augmented the signs with painted medians and white edge lines to reduce the lane widths and further emphasize to motorists that they must slow down before they enter the curve. Facing southeast on Willoughby Drive towards bend May 8, 2012 5 -3- 10 Year Collision History Willoughby Drive between Aberdeen Street & Gunning Drive TS- 2012 -19 3— I 1 I 1 1 1 1 1 I I 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 ***In 2005 additional traffic control measures including additional signing and pavement markings were installed . A reduction in collisions noted in 2006 onward to date A collision review identifies that the collision frequency has been significantly reduced after the application of the painted centre median and white edge lines in 2005. There has been two (2) reported in the previous six (6) years, whereas twelve (12) were reported in the four preceding years. A sight line review identifies that there is adequate stopping sight visibility for motorists as they approach and traverse through the curve based on the operating speed and it will not be impacted by the land use proposed by the property owner. To ensure that the sight line within the inside part of the curve is maximized, Staff suggested that the front yard depth of the proposed residential dwellings be setback 9 metres from the property line instead of the minimum 6 -metre depth allowed by the Zoning regulations. 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: Karl Dren, Director of Tyansportation Services Ken Todd, Chief Administrative Officer Vacant property proposed as residential TS- 2012 -19 Willoughby Drive Niagarafwlls Traffic Operations Review NM NM NM 1 No Parking No Stopping between 8:OOam - 4:30pm, Mon -Fri Painted Yellow Median All -Way Stop NORTH NCR 2OXIIF TS- 2012 -23 NiagaraJ'alls May 8, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls Transportation Services Department TS- 2012 -23 Downtown Parking Program RECOMMENDATION 1) The program outlined in this report, established to encourage customer patronage and to provide flexibility and parking options, be approved. 2) The Downtown Board and Staff continue to develop parking programs that will enhance the customer experience. EXECUTIVE SUMMARY The Downtown BIA and City staff have worked to develop programs for the downtown core business group. Staff support instituting a flat rate in municipal parking lots that may entice people to utilize the available parking and stay for longer durations. Along with the change in rates, City staff has worked with the downtown to provide cleaner and more appealing signage by replacing oversized parking signs with smaller, more clearly defined information as well as incorporating the downtown BIA branding into municipal parking lot directional signs. It is also recommended that a section of permit parking be reallocated to Lot #8 and approximately 10 parking spaces be designated as hourly parking options in Lot #7 at the corner of Ontario street and Huron Street. BACKGROUND Over the past several months, The City has worked closely with the Downtown BIA to enhance the downtown core into an area designation that would appeal to residents and tourists alike. Changes include the placement of street arches, branded benches, new foliage and redesigning the street scape. On- street parking spaces can now be unitized as a mountable curb and provide an option to be converted into safe business patio placements. To continue this process of attracting the public to this area, the BIA has requested a change in parking rates that may entice the public to stay longer and shop more frequently. City staff supports instituting an off street flat rate practice that would allow the short term parker to still benefit from the on- street rates and quick turnover opportunities as seen in patrons attending the banking institutions, post office and pharmacy while incorporating a longer stay incentive of a $2.00 for four hours flat rate for off street parking which could draw people into more shops and restaurants. Once the patron reaches a payment of $2.00 an automatic four hour maximum time limit ticket would be produced. Staff recommends that all lots including Municipal Parking Lot #19, (City Hall) be adjusted to this rate to minimize confusion of rate variation from lot to lot as well as provide those attending meetings at City Hall the opportunity to pay a one time rate May 8, 2012 - 2 - TS- 2012 -23 that would benefit them in the event of extended meetings with City Hall personnel. Lot #7 is currently designated as a permit only lot. A proposal to change this lot to incorporate a section of hourly rated turnover parking would provide further parking opportunities for the businesses in the east end of Queen street with the same benefit found in the central, more lot oriented section of Queen street. The incorporation of the "0" branding into the "circle P" would provide a unique signage presentation for the downtown businesses while maintaining city standards on placement of directional parking signs for all city lots. With changes to the street scape parking operations have been working to provide more appealing signage structure to the downtown and minimize the number of signs placed that may be confusing to the public. The goal is to maintain the necessary information for the motorists to prevent safety concerns while allowing the development to present a welcoming environment. ANALYSIS /RATIONALE The introduction of flat rate parking in municipal parking lots and enhanced signage will guide motorists and encourage to remain longer in the downtown core and utilize more services and businesses available while maintaining the needed premium on- street parking availability. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The current motorist parks on an average of 55 minutes in the downtown creating a turnover of once per hour. It is anticipated that the proposed changes to rates will have no impact on revenue loss and can result in an increase in revenue if longer term parking entices more motorists to the area. CITY'S STRATEGIC COMMITMENT Continue the parking operations user -pay philosophy through the development and implementation of a 10 -Year Parking Capital Infrastructure Program and Rate Stabilization Plan. LIST OF ATTACHMENTS Downtown Municipal Parking Lot Locations Downtown BIA Request Letter Recommended by: Respectfully submitted: Paul Brown Karl Dren, Director of Transportation Services Ken odd, Chief Administrative Officer S: \General Administration \GA 1 .01 Reports\2012 Counci1\7 May 8 \TS- 2012 -23 Downtown Parking Programs.wpd N te- 0 O X (6 2 i N CO N L O1 CO c L CO c Z -0 a) '4- O° 0 0 }J 0 U THE GtN Lis EAT • SHOP • EXPLORE February 21t, 2012 ATTENTION: Karl Dren, Director Transportation Services Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 As you are aware, parking is a major issue when dealing with visitors to the downtown area. The Downtown Board of Management is requesting your consideration of the following suggestions to help alleviate this issue in the downtown core. As you know the Downtown Niagara Falls BIA has been aggressively revitalizing and marketing the area in order to entice and retain businesses to our area. We have been fairly successful at accomplishing this mandate in spite of the fact that we still struggle for consistent traffic. We have had set backs... Druxy's, Coco Bean, Cranberry Creek, Adonis, Spera, Fresh Floral... and we have just been notified that Russell's and the Queen Muse are leaving as well. We are in a state of crisis. The restart of construction in March, scheduled to finish at the end of May will yet again have a detrimental effect of the businesses on Queen Street. We agree the work is needed... but we need to be proactive and spread some good news about the logistics of interfacing with the downtown core at this critical time. Many of the merchants have been offered rent incentives for the past few months in order to alleviate the poor sales...as we rebuild our traffic. Visitors and merchants are consistently upset with receiving parking tickets. It's both the frequency and the amount. A recent poll of about 50 people who recently interfaced with the downtown by the NF Review noted parking as the top issue. We are requesting the following seven changes to help with the current situatico. 1. Set the cost of parking in the municipal lots in downtown $2 for the entire day. Ensure machines are available. 2. Designate Thursday's all day FREE parking everywhere in the downtown core. We will support this thru planned complimentary events on Thursday's. 3. Remove the no re- parking within 5 hours on side streets which are designated 2 hour free parking. We believe this rule is unnecessarily punitive. 4. Find creative ways that parking enforcement personnel can help with conveying positive information to help our guests not get future tickets. 5. Have only one parking enforcement officer on duty rather than two in the downtown. 6. Allow for a defined period of time 2 hour FREE parking in downtown. 7. Remove the taxi stand designation on Crysler Ave. it not necessary. The downtown BIA will help with proper signage to be installed to help educate patrons to the changes being made. We understand that there will be costs accrued to produce the signage and we are willing to help offset these costs. We would like to see large "P" signs installed...with our Q logo as part of the design. We will point our travelers to large available municipal lots. Our larger private sector landlords are also taking steps to ease the parking situation by being more uniform in policy and creating spaces wherever they can. With continuous improvements of our downtown, the community will see that we are truly invested and proactive in our mission to create a community oriented downtown. Thank you in advance for your consideration. Dave Govan Chair, Downtown Niagara Falls BIA Nemanja Kuntos General Manager, Downtown Niagara Falls BIA NK cc. Jim Diodati , Mayor Paul Brown, Parking Services Member of Niagara Falls Municipal Council Ken Todd, Chief Administrative Officer Bob Bolibruck, Planning Department NiagaraFalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2012 -24 Contract Renewal Canadian Corps of Commissionaires TS- 2012 -24 May 8, 2012 RECOMMENDATION 1) That Council approve a three (3) year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control Services, School Crossing Program Administration, Building Security Services; and; 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Commissionaires have provided staffing for parking enforcement officers, crossing guard coordination and building security for the City of Niagara Falls for the past eleven years. The parking control officers are essential to maintaining the proper flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations. Scheduling of officer shifts and areas of enforcement will be adjusted to stay within the 2012 budgeted amount for enforcement staffing resources. Staff recommends the renewal of a three (3) year contract with the Canadian Corps of Commissionaires with a proposed 1 + 1% increase the next three years, which is consistent with recent wage settlements. BACKGROUND In 2000, the Request for Proposal process was initiated, whereby, the Canadian Corps of Commissionaires was the successful bidder. Council approved a three -year contract with the Hamilton Office of the Corps. During the last five years, Council approved one year extension to this agreement. Over the past ten years, the Hamilton Office has maintained high standards and a consistent turnout of Officers. The Corps also provides customer service training sessions for its Parking Control Officers and will continue to do so on an ongoing basis. The Corps provides parking control services staff and crossing guard coordination (Corporal position) for Transportation Services for the City of Niagara Falls, and Security through Building Services. May 8, 2012 2 TS- 2012 -24 ANALYSIS /RATIONALE The Canadian Corps of Commissionaires provides an essential service in regulating parking conditions traffic flow and maintaining safety zones and school crossings for the City of Niagara Falls. A review of local municipalities identified that larger municipalities such as St. Catharines utilizes the Canadian Corps of Commissionaires to provide all parking enforcement services, while smaller municipalities such as Niagara -on- the -Lake use staff for parking enforcement, as only two to five enforcement officers are required in these smaller communities. Staff will be initiating an in -house service delivery review over the next year to determine enforcement needs, staffing resources and optimizing enforcement areas to better service the community. FINANCIAL IMPLICATIONS Parking Control officers issue parking violations to vehicles in contravention of City or Regional bylaws which in turn generates revenue to support the staff complement. Parking control contract service to be executed within the parameters of the 2012 approved General Purposes budget. LEGAL IMPLICATIONS Canadian Corps of Commissionaires issue parking infractions based on municipal and regional parking bylaws and defend such issuance in an Ontario Provincial Court when contested by the recipient of the infraction. STRATEGIC PRIORITIES This initiative is supported by Council's Strategic Priorities, which include improve By -law Enforcement through updates of standards, protocols, and practices. ATTACHMENTS Schedule "A" Proposed Rates - Parking Control and Crossing Guard Coordinator Schedule "B" Proposed Rates - Building Security May 8, 2012 3 TS- 2012 -24 Recommended by: Respectfully submitted: P. Brown Karl Dren, Director of Transportation Services Carmen Mignelli, Acting Director of Building Services Ken Todd, Chief Administrative Officer S. \General Administration \GA 1.01 Reports12012 Council \7 May 8 \TS- 2012 -24 Contract Renewal - Commissionaires.wpd CO O N N Efl p) O M M _ • O (O Q) EA O d' O N _ O CO O (fl In r EA L() r (fi r d Q) 63 N r 0) N EA O) Ef} 40 O) CD ER a0 co (0 E13 � N 69 I p OO -1- E4 pp a5 Efi i • 00 O EA V N Efl et N Efi 0 EH 0 0') EH (0 (0 ffi (0 EH CO (0 H} O CO M Efi O d Hi N ct EA O N EA d CO Efi O iN ER CO Efi 0 �'I' 6 CYJ Niagarajalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2012 -25 Transit Agreement with Brock University Student's Union (BUSU) TS- 2012 -25 May 8, 2012 RECOMMENDATION: 1. That Niagara Falls Transit services be provided to full -time Brock University students for the school year: September 2012 through April 2013. 2. That Niagara Falls Transit service is extended to Brock University in St. Catharines. 3. That the municipality enter into a one year agreement with Brock University Student's Union to provide the service at full cost recovery. 4. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: The most recent Agreement to provide service between Niagara Falls and Brock University for the benefit of the students expired on April 30, 2012. Transit staff has been in discussion with the University Student's Union Executive to establish a new Agreement, which will allow Niagara Falls Transit to continue to provide the service from September 2012 through April 2013 inclusive. Various service options have been reviewed in an effort to provide a schedule which meets the needs of the students, while remaining within their budget. A schedule was cooperatively developed, which their executive is confident will address the student's transportation needs for the upcoming school year. BACKGROUND: The Niagara Falls Transit service to Brock University was implemented in September 1992 as an express bus operating on a fixed route between Niagara Falls and the Brock University campus in St. Catharines. The service is provided September through April to ensure the students residing within our city have an opportunity to travel to and from the Brock Campus to attend their daytime and evening classes, as well as their exams. August 15, 2011 - 2 - TS- 2011 -31 The level of service provided for the 2012/2013 school year is at an hourly rate of $87.59 per hour, which provides Niagara Falls Transit with cost recovery for the provision of service. This Agreement also has a Fuel Escalation Clause to protect the City should the prices of diesel increase dramatically. In addition, any fares collected by non student customers choosing to utilize this service to travel to the Brock Campus in St. Catharines are retained by Niagara Falls Transit. FINANCIAL /STAFFING /LEGAL IMPLICATIONS: The one year Agreement with the Brock University Student's Union will provide Niagara Falls Transit with revenues of approximately $171,000.00. These revenues will allow the service to operate between Niagara Falls and St. Catharines at full cost recovery. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and the Brock Campus supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: K Todd, Chief Administrative Officer D. Stuart S: \General Administration \GA 1.01 Reports\2012 Council \7 May 8 \TS- 2012 -25 Transit Agreement with BUSU.wpd L- 2012 -07 NiagaraaaIIs May 8, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2012 -07 Declare Surplus Vacant Land West Side of Palmer Avenue Our File No.: 2011 -117 RECOMMENDATION Approximately 0.130 acres of vacant City -owned land as shown hatched on the attached location map ( "subject land "), being a triangular shape covered with grass with frontage on Palmer Avenue, be declared surplus and offered for sale. EXECUTIVE SUMMARY From 1974 -77 the City acquired Parts 1 -14 inclusive on Reference Plan 59R -783 for the purpose of constructing Palmer Avenue and Ontario Avenue. Part 4 on Reference Plan 59R -783 was not dedicated as a public highway and is vacant land. The City is now in a position to declare the subject land surplus to the City's needs in anticipation of the sale of same in the future. BACKGROUND The subject land is a triangular shaped piece located on the west side of Palmer Avenue opposite Bampfield Street. The frontage is approximately 168.66 feet on the west side of Palmer Avenue with a maximum depth of 75.92 feet and is zoned R2. The subject land was appraised in 2011 at a value of $30,000.00. The subject land has been circulated to all City departments, the result of which was that there were no objections to the subject and being declared surplus and sold. Based on the above, Staff is recommending that the subject land be declared surplus and offered for sale. Public notice of the declaration of surplus and sale was given in the April 27, 2012, issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. May 08, 2012 - 2 - L- 2012 -07 FINANCIAL /STAFFING /LEGAL IMPLICATIONS When the subject land is sold at its appraised value the City will recognize an approximate return of $30,000.00. Further, the subject land will immediately start generating tax revenue. ATTACHMENT • Location Map Recommended by: Respectfully submitted: L. Banks Attachment r Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 2012- A by -law to declare part of Block 44, Plan 172 designated as Part 4 on Reference Plan 59R -783, in the City of Niagara Falls, surplus. WHEREAS City of Niagara Falls By -law No. 2003 -16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, every municipality and local board shall by by- law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That part of Block 44, Plan 172 designated as Part 4 on Reference Plan 59R -783, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this eighth day of May, 2012 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 8,2012. May 8, 2012. May 8, 2012. CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of a Licence Renewal Agreement with Her Majesty The Queen in Right of Ontario as represented by The Minister of Infrastructure, respecting the use of the Hydro corridor adjacent to City lands known as Don Johnson Park, for recreational purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Renewal Agreement made between Her Majesty The Queen in Right of Ontario as represented by The Minister of Infrastructure as Licensor and The Corporation of the City of Niagara Falls as Licensee, respecting the use of the Hydro corridor adjacent to City lands known as Don Johnson Park, for recreational purposes, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Renewal Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Renewal Agreement. Passed this eighth day of May, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 8, 2012. May 8, 2012. May 8, 2012. Niagara Falls 632.1 -616 LICENCE RENEWAL AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE CITY OF NIAGARA FALLS WHEREAS: (hereinafter called the "Licensor ") (hereinafter called the "Licensee ") A. Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by the Chair of Management Board of Cabinet entered into a Licence Agreement with the Licensee, dated March 4ffi, 2008 (the ``Licence Agreement "), regarding certain lands located in the City of Niagara Falls, formerly Township of Stamford, described as Registered Plan 653. Registered Plan Lots 13 -17, 32 -36, 74 -82, Block E, comprising an area of approximately 5.2 acres, (the "Licence Lands ") for the purpose of recreational use only ; B. The Minister of Infrastructure is responsible for real property pursuant to the Ministry of Infrastructure Act, S.O. 2011, c. 9, Sched 27; C. Ontario Infrastructure and Lands Corporation confirms that it is the designated agent of the Minister of Infrastructure with authority to act in respect of the Licence Agreement. IN CONSIDERATION of the mutual covenants hereinafter set forth and the sum of five dollars ($5.00) paid by the Licensee to the Licensor, the receipt whereof is hereby acknowledged and other good and valuable consideration, the Licensor and the Licensee agree as follows: I. The Licence Agreement is hereby renewed, subject to the terms set out below. 2. "Licensor" shall mean Ontario Infrastructure and Lands Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by the Minister of Energy. 3. The Term of the Licence Agreement shall be five (5) years, commencing on the First (1) day ofJuly, 2012. 4. The Licensee shall pay to the Licensor an amount equal to fifty percent (50 %) of the annual realty taxes or grants and /or payments in lieu thereof payable with respect to the Licence Lands, as owned by the Licensor and used by the Licensee pursuant to the Licence Agreement for the purposes stated herein. 2 5. The current Pre - Payment Authorization Agreement between the Licensor and the Licensee respecting the License Agreement shall be deemed to be amended to apply to the License Agreement as renewed herein and it shall automatically authorize the Licensor to debit the Licensee's bank account for the increased amount of the Licence Fee set out in section 4 above, for all increased payments payable from time to time under section 5 above and for any other payments that might be agreed upon in writing by the Licensor and the Licensee from time to time. 6. The Licensor's address for service of notice pursuant to the notice section of the Licence Agreement and other related particulars are amended as follows: Ontario Infrastructure and Lands Corporation Sales and Acquisitions 1 Dundas Street West, Suite 2000 Toronto, Ontario MSG 2L5 Attention: Patrick Grace — General Manager, Corridor Lands Telephone: (416) 327 -2959 Telecopier: (416) 327 -3942 7. All terms which are defined in the Licence Agreement shall have the same meaning when used in this Licence Renewal Agreement unless they are amended herein. 8. Except as they may be amended by this Licence Renewal Agreement, all of the terms and conditions of the Licence Agreement shall apply to the renewed Term and shall be binding upon and enure to the benefit of the Licensor and the Licensee. File Number: Niagara Falls 632.1 -616 3 IN WITNESS WHEREOF the parties hereto have executed this Licence Renewal Agreement. Signed by the Licensee at this day of 2012. Signed by the Licensor at CITY OF NIAGARA FALLS Per: Name: Title: Per: Name: Title: UWe have authority to bind the Corporation this day of 2012. File Number: Niagara Falls 632.1 -616 HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF INFRASTRUCTURE, as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: I have authority to bind the Corporation. Schedule "A" Niagara Falls 632.1 -616 Licensed land area of 5.2 acres THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2012 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction, "Taxi Cab Stands, Parking Prohibited) 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 S thereto the following items: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMES /DAYS Garner Road Mountain Road and Warner Road At All Times Warner Road Garner Road and Taylor Road At All Times (2) by removing from the specified columns of Schedule K thereto the following item: TAXI CAB STANDS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Crysler Avenue West A point 18 metres north of Queen Street and 6'00 p.m and 4.00 a.m a point 39 metres north of Queen Street (3) by removing from the specified columns of Schedule C thereto the following item: -2- PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS First Avenue West A point 51 metres north of Morrison Street and 8:00 a.m. and 5:00 p.m. a point 69 metres north of Morrison Street (4) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Parkside Road West Heikoop Crescent and a point 25 metres north of Upper Canada Drive 5.00 p.m. and 11:00 p.m., Monday to Friday, All day, Saturday and Sunday, June 1 to September 1, inclusive This By -law shall come into force when the appropriate signs are installed or removed. Passed this eighth day of May, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading Second Reading. Third Reading May 8. 2012 May 8, 2012 May 8, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200, to permit a tourist home (bed and breakfast) on the Lands, in addition to the uses permitted in an R2 zone. 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. 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. 2. 4. The permitted uses shall be: (a) The uses permitted in an R2 zone; and (b) Tourist home 5. The regulations governing the permitted uses shall be: (a) Minimum rear yard depth for the dwelling existing on the date of this by- law 2.2 metres (b) Minimum exterior side yard width 3.1 metres (c) Maximum height of building or 11.9 metres subject to section 4.7 of structure By -law No. 79 -200 (d) Maximum area of an exterior side yard 65 square metres which can be used as a parking area (e) Maximum number of bedrooms for 3 tourists in a tourist home (t) The balance of regulations specified for an R2 use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. -2- 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet C5 of Schedule "A" of By -law No. 79- 200 by numbering the Lands 955. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.955 Refer to By -law No. 2012 - Passed this eighth day of May, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 8,2012 May 8, 2012 May 8,2012 S -\ZONING \AMS\201 l \By- laws \Byam016.wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land Amending Zoning By -law No. 79 -200 Description: Pt Lt 16 W/S Main St, S Of Lundy's Lane PI 653 Abstracted As Blk 15 Village Of Niagara Falls As In RO172498; Niagara Falls Applicant: David Tetrault Assessment #: 272507000400700 K:\GIS_Requests\2011\Schedule\ZoningAM\AM-16\Zoning.Map N s 1: NTS AM- 2011 -016 April 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to provide for the adoption of Amendment No. 102 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 102 to the City of Niagara Falls Official Plan is hereby adopted. Passed this eighth day of May, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 8, 2012 May 8, 2012 May 8, 2012 S \OFFICIAL PLN \AMEND\# 102 - Optimist \By -law! 02 wpd PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 102 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The Area Affected by this Amendment" shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 102 shall be redesignated from Open Space and Major Commercial to Residential and Major Commercial on Schedule "A" to the Official Plan. S \OFFICIAL PLN\AMEND\ #102 - Optimist \BODY102.wpd MAP 1 TO AMENDMENT NO. 102 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment: Proposed Change From: Open Space, Major Commercial Proposed Change To: Residential, Major Commercial CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN INDUSTRIAL MAJOR COMMERCIAL OPEN SPACE I RESIDENTIAL NOTE: This schedule forms part of Amendment No. 102 to the Official Plan for the City of Niagara Falls K \Gi5_Repuests 2007 \schedules \mmmgAMwM- 12`mappmg map and it must be read in conjunction with the written text. N W =_ - E S 1:NTS AM- 2011 -003 April 2012 CITY OF NIAGARA FALLS By -Iaw No. 2012 - A by -law to amend By -law No. 79 -200, to guide the development of the Optimist Park Plan of Subdivision on the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The Lands shall be identified as three parcels, known as Parcels RIE 956, R1E 957 and GC 958. 3. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 4. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R1E 956, the uses permitted in a RIE zone (b) For Parcel RIE 957, the uses permitted in a RIE zone (c) For Parcel GC 958, the uses permitted in a GC zone 6. The regulations governing permitted uses on Parcel RIE 956 shall be: (a) Minimum lot area (i) for an interior lot 280 square metres (ii) for a corner lot 400 square metres (b) Minimum lot frontage (i) for an interior lot 10 metres (ii) for a corner lot 13 metres -2- (c) Minimum interior side yard width (i) for a one storey, one and one - half storey and split level building 0.9 metres (ii) for a building with two or more 1.2 metres storeys (d) Minimum exterior side yard width 3 metres (e) Minimum setback from a lot line 21.5 metres abutting the Queen Elizabeth Way (f) Minimum setback from a lot line 14 metres abutting the Queen Elizabeth Way for an accessory building (g) Maximum lot coverage 45% (h) Minimum number of attached private one garages (i) The balance of regulations specified for a R1 E use 7. The regulations governing the permitted uses on Parcel R1E 957 shall be: (a) Minimum lot area (i) for an interior lot 280 square metres (ii) for a corner lot 400 square metres (b) Minimum lot frontage (i) for an interior lot 10 metres (ii) for a corner lot 13 metres (c) Minimum interior side yard width (i) for a one storey, one and one- half storey and split level building 0.9 metres (ii) for a building with two or more 1.2 metres storeys (d) Minimum rear yard setback 20 metres -3- Minimum rear yard setback for an accessory building Maximum lot coverage Minimum number of attached private garages 14 metres 45% one (h) The balance of regulations specified for a R1E use 8. The regulations governing the permitted uses on Parcel GC 958 shall be: (a) Minimum landscaped open space 15 %, including a 1.5 metre wide landscaped strip abutting a residential zone and 6 metre wide landscaped strip along the front lot line and exterior side lot line (b) The balance of regulations specified for a GC use 9. 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. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this by -law shall be shown on Sheets B3 and C3 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from OS, in part, and SC and numbered 605, in part, to R 1 E and numbered 956, in part, R 1 E and numbered 957, in part, and GC and numbered 958, in part. 13. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.956 Refer to By -law No. 2012- 19.1.957 Refer to By -law No. 2012- 19.1.958 Refer to By -law No. 2012 - Passed this eighth day of May, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 8, 2012 May 8, 2.012 May 8,2012 S: \ZONING\AMS\2011 \ By-laws \Byam003.wpd Subject Land Z (!) In co = I n N L 0 Nis M N m m m m ~ Z W N w w CI m F- Z a w w m > m D 0 m 0 D1 ¢o C 06 ce O u c DJ N r. C ri Ce J .a O• < a u, w o' C aMg .� E 0 Q- CU < w d5 < E Q .:t Z 0 al v) r` o > rn ce N 0 JLf1 .--r d Z J CU OZ Ce ul a- a- Q LL c 0 y.J 0 0 cn 4) c 0 0 Q 272505000509800 Assessment #: AM- 2011 -003 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of an agreement between the Corporation of the City of Niagara Falls and the Brock University Student's Union (BUSU) for the provision of transit services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement between the Corporation of the City of Niagara Falls and the Brock University Student's Union (BUSU) for the provision of transit services, as attached hereto, is hereby approved and authorized. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal to the said Agreement. Passed this eighth day of May, 2012. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 8, 2012. Second Reading: May 8, 2012. Third Reading: May 8, 2012. THIS AGREEMENT made this 1s` day of September, 2012. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" - and - BROCK UNIVERSITY STUDENTS' UNION, INC. OF THE FIRST PART: Hereinafter referred as to ``BUSU" OF THE SECOND PART. WHEREAS BUSU has requested that the City provide ridership privileges on all regular bus transit routes to its students attending Brock University; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, the parties agree as follows: 1. Definitions 1.1 In this Agreement: (a) "Eligible Students" shall mean full time and part time students attending Brock University, save and except for undergraduate students enrolled for one credit or less, and undergraduate students registered at the Brock University Hamilton Campus; (b) "School Year" means the Fall and Winter Semesters commencing September l", 2012 and ending April 30th, 2013 and; (c) "Brock University Photo Identification Card" means an identification card that has been approved by the City. 2. Grant of Service 2.1 The City shall provide to all Eligible Students upon presentation of a Brock University Photo Identification Card or other student identification as hereinafter set out, unlimited ridership privileges on all regular bus transit routes as specifically set out herein (the "Service "). 3. Term and Fee 3.1 The term of this Agreement (the "Term ") shall be for the Fall and Winter Semesters of the School Year commencing on the lst day of September, 2012 and ending on the 30th day of April, 2013. 3.2 BUSU shall pay $171,550.24 to the City according to the following schedule; a) $85,775.14 on or before October 31st, 2012 to address the amount owed to the City for services provided during the Fall 2012 semester and, b) $85,775.13 on or before February 28th, 2013 for services provided during the Winter 2013 semester . 3.3 The total amounts noted above for the Fall and Winter Semesters of the School Year are based upon the number of hours provided in Schedule `A', at a rate of $87.59/hour. Upon mutual agreement, if the number of hours of service are altered, the amounts noted above will be adjusted accordingly. 3.4 All arrears of fees shall bear interest from their respective due dates until the actual dates of payment at the rate of 1.5 percent per month or 18% per annum. 3.5 There shall be a Qualification to Request Additional Funding based on any substantial fuel fluctuations during the term of this Agreement. Such premiums shall be based on the model identified in Schedule `B'. 4. Services 4.1 The schedule of the Service to be provided for September, 2012 to April, 2013 is set out in Schedule "A" attached hereto. 4.2 BUSU specifically acknowledges and agrees that only one bus will provide the Service as scheduled. Should an additional bus be required or requested, the extra hours of service provided will be added to the invoices submitted to BUSU for payment as noted in paragraph 3.2. 5. Student Identification and Brock University Photo Identification Card 5.1 BUSU will supply each Eligible Student with a Brock University Photo Identification Card, with the validity period of the card via a sticker on the same side. The validity period shall run from September, 2012 to April, 2013. 5.2 All Eligible Students must produce a Brock University Photo Identification Card to the Bus Operator upon entry of the bus. In the event that such Brock University Photo Identification Card, or cash in lieu thereof, is not produced, access to the bus will be refused. 5.3 Notwithstanding paragraph 5.2 above, the City shall accept appropriate student 3 identification in Lieu of a Brock University Photo Identification Card during the period commencing September 1st, 2012 through to and including the end of the third week of September, 2012 in the School Year (the "Grace Period "). 5.4 BUSU must obtain approval from the City with respect to the acceptable student identification to be used during the Grace Period. Should BUSU wish to amend or alter the Brock University Photo Identification Card, it must obtain written approval for such amendment and/or alterations from the City. 5.5 The City reserves the right to check the validity of any Brock University Photo Identification Card at any time, and should it deem appropriate, deny use of any Brock University Photo Identification Card by any Eligible Student. The City further agrees it will use its best efforts to confiscate any Brock University Photo Identification Card it deems to be invalid and will return same to Brock University campus security within 24 hours of confiscation and will provide BUSU with a written explanation of the circumstances surrounding the confiscation. 5.6 The City is not responsible for the Loss or theft of any Brock University Photo Identification Card. 6. Service Interruptions 6.1 BUSU hereby acknowledges and agrees that the City shall, in no way, be held responsible for Service disruptions due to weather, traffic accidents, traffic congestion, detours, road closures and mechanical breakdowns, or any other unforseen circumstances. 6.2 (1) Notwithstanding paragraph 6.1 above, in the event of a sustained interruption of Service exceeding four consecutive days, the City shall reimburse BUSU on the basis of a daily rate calculated by dividing the fee payable for the Fall and Winter Semesters of the School Year by the total amount of operating days during the Fall and Winter Semesters of the School Year and multiplying same by the amount of days without service. The reimbursement will be paid by the City to BUSU within 30 days of the resumption of the Service. (2) In the event of a sustained period of closure or significant interruption of the business of Brock University for at Least 14 consecutive days, as a result of strike, lockout, disaster, attack, etc., during which the Service in whole or in part is not required, BUSU may request a reduction in the Service from the City and the parties hereto agree to negotiate any reimbursement to BUSU from the City as a result of the actual reduction of Service. 7. Suspension of Agreement 7.1 In the event BUSU does not obtain approval from the Brock university Board of Trustees for the annual collection of supplemental and student ancillary fees, the terms and conditions of this Agreement shall be null and void for the Fall and Winter Semesters of 4 the School Year and this Agreement shall be suspended until such approval is obtained. 8. Extension of Agreement 8.1 This Agreement may only be extended beyond April 30t, 2013 upon mutual written consent by both BUSU and the City. 9. Termination of Agreement 9.1 Notwithstanding anything else herein contained, BUSU and the City shall have the option to terminate this Agreement for any reason, provided that the party wishing to terminate, gives the other 60 days prior written notice of its intention to exercise this right. 10 Arbitration 10.1 In the event of any dispute arising between the parties hereto, which cannot be decided amicably, the parties agree to attempt to mediate such dispute or to have such dispute determined by arbitration before a sole arbitrator in accordance with the laws of the Province of Ontario. 11. General 11.1 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement other than expressed herein. 11.2 (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by email, by fax or by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of email or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. 11.3 Notice shall be given to the City at: 5 The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Legal Services Telephone No. Fax No. and to BUSU at: (905) 356 -7521 ext. 4242 (905) 371 -2892 Brock University Students' Union, Inc. Brock University Alumni Students' Centre St. Catharines, Ontario L2S 3A1 Telephone No. (905) 688 -5550 ext.4 I99 Fax No. (905) 641 -7581 11.4 Wherever the singular or masculine is used in this Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and teiminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Per: James M. Diodati, Mayor Dean Iorfida, City Clerk BROCK UNIVERSITY STUDAIT' UNION, INC. f MIL Daud Grewal, 'esident Will Parent VP, Finance and Administration --y--- transit the wag to go! Schedule `A' - BROCK RAPID SERVICE SCHEDULE September 2012 through April 2013 Monday - Friday September 4 to December 18 Night Service December 7 & 14 Saturdav December 8 & 15 Night Service December 8 & 15 NO SERVICE Oct. 8 (Thanksgiving) Leave Leave Main St. Huggins 7:10 AM 7:25 A 8:10 AM _ 8:25 A 9:10 AM 9:25 A 11:15 AM 12:15 PM 1:15 PM 2:15 PM 11:30 A 12:30 P 1:30 P 2:30 PF\ 4:15 PM 4:30 P 5:20 PM 5.30 P 6:20 PM 6:30 P Nigh 9:40PM_j 9:50 P Monday — Friday January 7 to April 24 Night Service April 12 & 19 Saturday April 13 & 20 Night Service April 13 & 20 NO SERVICE Feb 18 ,19, 20, 21, 22 March 29 (Good Friday) . t�I Arrive Brock U Leave Brock U Arrive Huggins St. Arrive Main St. 7:45 AM Hi 7:45 AM 8:10 AM • 8:45 AM 8:45 AM 9:10 AM • 9:45 AM 9:45 AM To Downtown Terminal 11:50 AM , 11:50 AM 12:15 PM ► 12:50 PM 7 1:05 PM 1:25 PM 1:35 PM 1:50 PM 1:50 PM 2:10 PM 2:15 PM 2:50 PM 3:05 PM 3:30 PM Ea INEMMIOIMEN7 4:50 PM 4:50 PM 5:10 PM 5:20 PM 5:50 PM 5:50 PM 6:10 PM 6:20 PM 6:50 PM 6 :50 PM 7:10 PM 7:20 PM Service - Monday to Thursday ONLY I 9:10 PM 1� 0: OPM 9:30 PM 9:40 PM ....1 _ 10:10PM� 10:30 PM 10 :40 PM FARE: $3.50 One Way or Valid U Pass Updated: April 23, 2012 Schedule `B' Qualifications to Request Additional Funding Pursuant to Section 3.5 of this Agreement, in order to request additional funding, diesel fuel prices must have been at a level in which the Average Fuel Price per litre (A) is greater than the Base Price per litre (B) in the School Year referenced by this Agreement. The Base Price per litre shall be mutually agreed upon in September 2012 to be the diesel fuel price per litre plus ten (10) percent for the given school year. The Average Fuel Price shall be calculated by taking the sum of each month's average diesel price per litre (September 2012 through April 2013 inclusive) then dividing by eight. Qualification Formula If A >B = Qualification Formula is true and Request for Additional Funding is applicable. The Fuel Surcharge amount that Niagara Falls Transit can request shall be calculated by taking the volume (V) of diesel purchased in the School Year, multiplied by the difference from the Average Fuel Price per litre and the Base Price. Thus, the following formula would apply; Fuel Surcharge = V (litres) X (A - B) Eg. Approximate Volume (V) litres of Diesel = 20,000 per School Year If the Average (A) for the School Year is $1.36/litre If the Base (B) in September is $1.20/litre plus ten percent = $1.32 /litre The Fuel Surcharge Request to BUSU would become; Fuel Surcharge = 20,000 X ($1.36 - $1.32) Fuel Surcharge = $800.00 CITY OF NIAGARA FALLS By-law No. 2012 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of May, 2012. 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 8th day of May, 2012 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law. except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby. or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required. and, except where otherwise provided. the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalfofthe Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this eighth day of May, 2012. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 8, 2012 May 8, 2012 May 8,2012