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2013/02/12COUNCIL MEETING Tuesday, February 12, 2013 Order of Business and Agenda Package Niagaraa11s C' . 1 t 1 COUNCIL MEETING February 12, 2013 PRAYER: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of January 22, 2013 * * * ** DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. BUDGET MATTERS 5:00 - 7:00 P.M.* The Director of Finance will provide an update on the operating budget, grants, fees for service and will introduce the capital budget. NOTE: If the above -noted budget agenda is not completed by 7:00 p.m., the remaining reports will be dealt with subsequent to the Planning matters. PRESENTATIONS/ DEPUTATIONS 7:00 p.m. Stair Climb for Children's Cancer Angela Davey, Unit Manager of the Canadian Cancer Society and Lori Taraba, CCS Stair Climb for Cancer Committee will inform Council on this year's stair climb and request that April be proclaimed as "Cancer Awareness Month ". PLANNING MATTERS Public Meeting AM- 2012 -020, Zoning By -law Amendment Application Applicant: City of Niagara Falls General Amendment to Zoning By -law 79 -200 Background Material: Recommendation Report: PBD- 2013 -14 2 REPORTS 1 CD- 2013 -03 - Lundy's Lane BIA MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Habitat for Humanity - requesting free WEGO charter service for their conference being held in Niagara Falls on May 1, 2013. RECOMMENDATION: That the request be denied. 2. Epilepsy Niagara - requesting that the month of March be proclaimed as "Epilepsy Awareness Month ". RECOMMENDATION: That the request be approved. 3. Fresh Air Fund - requesting that March 20, 2013 be proclaimed as "Fresh Air Fund Day ". RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. 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. MW- 2013 -05 - Drinking Water System Summary Report PBD- 2013 -15 - PLC - 2013 -001, Request for Removal of Part Lot Control, Lots 100,101,102 and 103, Plan 59M -379. 5831 -5863 Osprey Avenue. Applicant: Mountainview Homes PBD- 2013 -16 - Commercial Building & Facade Improvement Grant Application. CB &FIG - 2013 -001, Geny Heywood. 4695 Queen Street. - 3 - PBD- 2013 -17 - Commercial Building & Facade Improvement Grant Application, CB &FIG- 2013 -002, Yvonne & Jim, Price, 4776 Bridget Street. R &C- 2013 -03 - 2013 Niagara Falls Canada Day Location R &C- 2013 -04 - Gale Centre ATM TS- 2013 -03 - Sylvia Place - Parking Review MW- 2013 -06 - Prince Charles Park Redevelopment Project Funding Agreement, Community Infrastructure Improvement Fund (CIIF) RESOLUTIONS THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls authorizes entering into the contribution agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario for the Redevelopment of Prince Charles Park. RATIFICATION OF "IN CAMERA" MATTERS PROPERTY MATTERS Mayor Diodati will request whether there is anyone present that has an interest respecting the property matter. L- 2013 -01 - Declaration of Surplus Part of Block A, Plan M -67 * * * ** BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2013 -13 A by -law to designate Lots 100, 101, 102 and 103, Registered Plan 59M -379, not be subject to part-lot control. 2013 -14 A by -law to amend By -law No. 79 -200, to amend the definitions of a pinball or electronic game machine establishment and a place of entertainment and to add to the list of items that are exempt from height regulations. (AM- 2012 -020) 2013 -15 A by -law to declare part of Block A, Plan M -67 Niagara Falls except Part 4 on 59R -12504 and except Part 2 on 59R- 13003; in the City of Niagara Falls, 4 surplus. 2013 -16 A by -law to authorize the execution of an Extension Agreement with Deborah Lynn Pugliese respecting a tax obligation.(5741 McGrail Avenue) 2013 -17 A by -law to authorize the execution of an Extension Agreement with Deborah Lynn Pugliese respecting a tax obligation. (6888 Drummond Road) 2013 -18 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2013 -19 A by -law to hereby authorize the execution of a contribution agreement for the redevelopment of Prince Charles Park between the Corporation of the City of Niagara Falls and Her Majesty the Queen in Right of Canada, hereby represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario under the Community Infrastructure Improvement Fund. 2013 -20 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of February, 2013. NEW BUSINESS Dean Iorfida From: Teresa Fabbro Sent: Tuesday, February 05, 2013 10:21 AM To: Dean Iorfida Subject: FW: Finance Report Update From: Lisa Wall Sent: Tuesday, February 05, 2013 10:18 AM To: Teresa Fabbro; Karen Kitney Subject: Finance Report Update Hi Karen/Teresa, Coming out of Todd & Ken's meeting this morning, both Finance reports will be pulled (F- 2013 -12 & F -2013- 13). In lieu of the reports, 4 power point presentations will be presented to Council on Feb. 12th Teresa, I should have those presentations to you for the Council additions (either late Friday or Monday morning). Lisa 1 Dean Iorfida From: stevet @niagara.com Sent: Friday, January 11, 2013 11:16 AM To: Dean Iorfida Subject: Request to be on City Council Docket Hi Dean: Angela Daley, Unit Manager of the Canadian Cancer Society, would like to know if we can be added to the docket for Niagara Falls City Council to ask for council's support to declare April as Cancer Awareness Month and then ask to see if they would like to get involved with the Stair Climb for Children's Cancer on Saturday, April 13th. We would also then provide them with the details of the event (it has a brand new focus this year). She is hoping that Tuesday, Feb 5 is available but please let us know what you think. I will be accompanying her as well that evening. Thanks Dean, looking forward to hearing from you. Take care, Lori Taraba CCS Stair Climb for Cancer Committee 1. S21311VIN ONINNV1d Niagaraaays REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PBD- 2013 -14 February 12, 2013 SUBJECT: PBD- 2013 -14 AM- 2012 -020, Zoning By -law Amendment Application Applicant: City of Niagara Falls General Amendments to Zoning By -law No. 79 -200 RECOMMENDATION 1. That Council approve the amendment to Zoning By -law No. 79 -200 to change the definition of a Place of Entertainment to include a pinball or electronic game machine establishment, a carnival show, circus, mechanical amusement rides or devises, a billiard or pool room or any similar use and to add tents and mechanical amusement rides or devices to the list of items that are exempt from the maximum height regulations; and 2. That Council pass the By -law on tonight's agenda to implement the amendment. EXECUTIVE SUMMARY This City initiated amendment to Zoning By -law No. 79 -200 is intended to make it more contemporary by including uses in the definition of a Place of Entertainment that have become desireable in commercial areas and by exempting tents and mechanical amusement rides or devices from the maximum height regulations. The amendment affects all zones (TC, SC, GC and CB) that permit a Place of Entertainment. The amendment is recommended because: the proposed amendment provides businesses the opportunity to establish new attractions which are currently occurring in the City; • the proposed amendment supports the City's tourism activities; places of entertainment are permitted in the General Commercial (GC), Planned Shopping Centre Commercial (SC), Central Business Commercial (CB), and Tourist Commercial zones, which are appropriate zones for the additional uses; • pinball or electronic game machine establishments and billiard or pool rooms are now considered common forms of entertainment by the public; and • tents and mechanical amusement rides or devices will still require a Building Permit in order to be established. February 12, 2013 BACKGROUND Proposal - 2 - PBD- 2013 -14 Zoning By -law 79 -200 defines a Place of Entertainment as: "an arena, auditorium, public hall, bowling alley, ice or roller skating rink, curling rink, dance hall, music hall, theatre, cinema or other place where pictures are projected but does not include (i) a "body -rub parlour" or an "adult entertainment parlour" as defined in The Municipal Act or (ii) a pinball or electronic game machine establishment or (iii) a carnival show, circus, merry-go- round, miniature or switch - amusement ride or device or (iv) a billiard or pool room ". This definition has been in the By -law since 1979. Site specific zoning amendments have been required to establish the excluded uses. In order to provide a more inclusive regulation framework for the City's commercial areas, the definition of a Place of Entertainment is proposed to be amended to include pinball or electronic game machine establishments, carnival shows, circuses, mechanical amusement rides or devises, billiard or pool rooms or any similar use. The amendment would also exempt tents and mechanical amusement rides or devices from having a maximum height requirement. Circulation Comments No objections were received from the City's Municipal Works Department, Transportation Services Department, Building Department, and Fire Department and Region of Niagara. Neighbourhood Open House A neighbourhood open house was held on January 9, 2013. The three people that attended the meeting had no objections to the amendment. ANALYSIS /RATIONALE 1. Official Plan Places of Entertainment are permitted in the City's Tourist Commercial, Major Commercial and Minor Commercial districts which are designated for commercial development. Creating a more inclusive definition of a Place of Entertainment and exempting tents and mechanical amusement rides from height regulations conforms with the Official Plan as follows: Commercial areas are intended to be developed for a variety of commercial uses. The City's Tourist Commercial Districts are to function as the City's primary entertainment areas for tourists. The City's Major and Minor Commercial districts are commercial areas primarily to meet the needs of residents. The proposed activities to be included in the definition of a Place of Entertainment are compatible with the other uses allowed in these areas. Arenas and indoor sporting venues have heights taller than typical structures associated with commercial buildings and mechanical rides and have become taller with technologies and thrill seeking experiences. Tents are typically of a limited duration in commercial areas. February 12, 2013 - 3 - PBD- 2013 -14 3. Zoning By -law Amendment The definition of a Place of Entertainment currently precludes a carnival show, circus, merry-go- round, miniature or switch - amusement ride or device or a billiard or pool room. Nonetheless, it is noted that less than 3 pinball or other mechanical or electronic game machines are already permitted as -of -right in commercial establishments and a maximum of 10 pinball or electronic game machines are permitted in restaurants (with more than 30 seats), hotels, motels, places of entertainment and places of exhibition. Electronic games have become common place on most hand held devices and home computers. By adding to the definition of Place of Entertainment, pinball or electronic game machine establishments, carnival shows, circuses, mechanical amusement rides or devices and billiard or pool rooms or any other similar use moves the definition closer to contemporary thinking and practices. The proposed amendment would also add tents and mechanical amusement rides or devices to the list of items in Section 4.7 of the By -law that are exempt from the maximum height regulation. The amendment proposed is appropriate for the following reasons: • technology now provides for higher amusement rides while ensuring public safety; • public demand for a greater level of "thrill" experience demand increased heights in mechanical rides; • tents are allowed on a short- duration basis; and • tents and mechanical amusement rides or devices will still require a Building Permit in order to be established. FINANCIAL /STAFFING /LEGAL IMPLICATIONS There are no direct financial implications as a result of the proposed amendments, however, the proposed amendments may result in new businesses establishing that would generate development charges and tax revenue. CITY'S STRATEGIC COMMITMENT The application supports the economic vitality of the City. Recommended by: /14)z LiLf-)\ Al j x Herlovitch, Directr of Planning, Building & Development Respectfully submitted: n K Todd, Chief Administrative Officer DD:mb S:APDR \2013 \PBD- 2013 -14, AM- 2012 -020, Housekeeping Amendment - Definition Change.wpd CD- 2013 -03 Niagara&lls February 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2013 -03 Lundy's Lane BIA RECOMMENDATION That Council approve the decision (0001 42) to maintain the current Board complement of ten (10) members; and .P , That the Council approve the appointment of Lisa Tokuc to the Board of Management of the Lundy's Lane Business Improvement Association (LLBIA); and That Council appoint a new Council representative(s) to the LLBIA; and That the LLBIA follow the BIA Guidelines adopted by Council in 2011. EXECUTIVE SUMMARY Business Improvement Areas (BIA's) are derived through the Municipal Act. Members on a BIA board, although elected from the general membership, are appointed at the pleasure of Council. BIA's should be able to resolve their issues internally without the need for municipal oversight. Nonetheless, in extreme situations the municipality (Council and staff) is called upon to mediate or resolve BIA matters. To try to simplify issues for the purpose of this report, questions have arisen regarding a general membership meeting of Lundy's Lane B.I.A. members held in August. The meeting (AGM) was ostensibly to remove delinquent Board members and replace them. There are four options to deal with the issue: accept the August AGM as valid and Council appoints the replacements elected at the meeting, call a new AGM, continue with the Board, as is, and the five (5) delinquent members be removed or disband the BIA. Staff is recommending the option of continuing with the Board, as is, removing the delinquent members based on a compromise arrived at during a meeting at City Hall in December, though as time passes, it is questionable whether this compromise is still tenable. The last option is extreme but in light of the history of acrimony at the Board, one has to question whether the LLBIA can function going forward without getting hung up on past grievances. All members on the Board should be committed to the betterment, marketing and beautification of the BIA. It should not matter who sits at the Board level, they should be committed to the greater good of the BIA. Unfortunately, the LLBIA has been plagued by control issues over the years. February 12, 2013 BACKGROUND - 2 - CD- 2013 -02 At the September 11, 2012 meeting, Council had a communication emanating from a general membership meeting of the Lundy's Lane Business Improvement Association (LLBIA) held on August 7th, 2012. As per the Municipal Act, Council was considering appointing members to the BIA board to replace a number of members that had failed to attend Board meetings. A number of other correspondences were received calling into question the validity of the August 7th meeting. As a result, Council referred the matter to staff. To understand how the issues came to be it is necessary to go further back. As with every new term, City Council approved a new Board of Management for the LLBIA in 2011. As per the LLBIA's constitution, the Board consists of 14 (fourteen) members, the past term's Chair, who is automatically on the Board, and the Council representative. The large size of the LLBIA is a result of past attempts to be inclusive and have a cross section of different interests on the Board. At some point during the term, it became apparent that a number of the duly elected Board members were not attending meetings and some may have never attended any meetings since getting elected to the Board. The LLBIA's constitution indicates that if members have missed three meetings they can be "deleted" at a general membership meeting. Despite approximately monthly meetings since the beginning of the term, minutes only exist for five meetings and the attendance indicated on the minutes is questionable. Nonetheless, it is generally agreed that members, Inderpal Handra, David Khouran, Indris Butt, Baljit Singh Sheena and Hardev Dhillon were delinquent and subject to removal from the Board. The issue of the absences was raised at general membership meetings (AGM) in April and July with no action taken. The issue was tabled at the July AGM to be reconvened at an AGM slated for August 7th. The scheduling and legitimacy of the August meeting are subject to debate amongst Board members. At the August 7th meeting, there was a noticeable absence of Board members, nonetheless, the attendance of the AGM was comparable or slightly more than the July AGM when the BIA budget was passed. The Council representative was in attendance at the August AGM and due to the absence of the Chair and Vice - Chair, a vote occurred naming one of the Board members as the Acting Chair for the purpose of the AGM. The delinquent members were deleted, as per the Constitution, and replacements were voted on and approved. The slate of new BIA members was presented at the September 11th Council meeting for approval, however, a couple of correspondences were forwarded questioning the validity of the August AGM. Council referred the matter to staff for investigation. ANALYSIS /RATIONALE The writer had meetings with various LLBIA members and reviewed what LLBIA minutes were available. Ultimately, regardless of the opinion of the writer, the BIA needs to come to some consensus for moving forward. LLBIA members should work out their own internal issues without having to resort to the municipality (Council members, staff) to mediate or police their disputes. Unfortunately, this inability to work out their problems has been endemic to this particular B.I.A. February 12, 2013 - 3 - CD- 2013 -02 In dealing with the August AGM, it is difficult to not bring in other issues that have polarized the LLBIA. Nonetheless, the issue at hand is whether to accept the legitimacy of the August AGM and approve the replacement slate of candidates or not. As a result, there are four (4) possible options moving forward. Option #1: Accept the August A.G.M. as valid and approve the replacement candidates All B.I.A. members agree that the issue of dealing with the delinquent Board members was discussed but not resolved at the July AGM. As a result, it was agreed to suspend the issue and deal with it at an AGM in August. It is the writer's understanding that the discussion was to reconvene the AGM for August 7t" The Council representative, for example, wrote the date in her calendar and, accordingly, attended. The Chair contends that the August meeting date was tentative. He was tasked with sending out notices and writing letters to the delinquent members asking what their intentions were regarding their presence on the Board. The Chair has indicated that an audio tape of the July AGM exists and will verify that the August 7th meeting was "tentative." Unfortunately, despite requests, the alleged tape has never been provided. The August 7th meeting was attended by fourteen (14) B.I.A. members and the Council representative. This may seem like a small number of participants for an AGM, however, the AGM in July had approximately the same number of members. A vote on the delinquent board members in July was defeated after a 7 -7 tie vote, meaning that there were likely 14 members present. It should be noted that at the July AGM the 2012 LLBIA budget was passed and submitted to Council for approval. The Chair admits that he did not send out notification for the August AGM, which he termed as a tentative date, despite the date being discussed and generally agreed upon by the members at the July AGM. Although the Chair may have viewed the August 7th meeting as tentative, he surely had an obligation to notify members, especially ones that were in attendance at the July AGM, that the meeting was not happening. Subsequent to the July AGM, various Board members emailed the Chair asking if certain matters had been handled in anticipation of the August AGM. The Chair did not reply to these emails or indicate that the August meeting was not going to happen. Interestingly, Board members anticipated that the Chair might be a "no- show" for the August AGM. Subsequent, to the August AGM, two correspondences appeared through the BIA Chair. One of the correspondences is akin to a petition, in that it has multiple signatures but it is unclear as to who is the author of the correspondence. It is also curious that members who showed no evidence of previous interest in B.I.A. matters would be quoting constitutional irregularities. Nonetheless, it is worth addressing some of the issues that are raised in the correspondence. There is no such thing as quorum at a general membership meeting. As with most elections, it would be very difficult to attain a true quorum of 50 %, plus one, of all eligible voters, whether it is a municipal election or an AGM of a B.I.A. The Lundy's Lane BIA constitution does not stipulate that a certain number of Board members have to be in attendance at an AGM. Also, the lack of Board members in attendance and lack of notice February 12, 2013 - 4 - CD- 2013 -02 was a result of a dereliction of duty on the part of the Chair, not through any actions of the B.I.A. members present at the August AGM. Those in attendance at the August meeting were not trying to pull a "fast one ". They attended based on the meeting date being set at the July AGM and not being notified to the contrary. The minutes of the August AGM indicate that the meeting in question was conducted properly and appropriately. For the Chair to question the validity of the August meeting, based on procedures not followed, when the procedures were under his control (sending out notice etc.), is highly questionable. It is the writer's opinion that one should not benefit from their own apathy or neglect. The other issue that the correspondences raise is that certain Board members (the Council representative and past Chair) were provided "immunity" for their absences and were not removed. Firstly, Council representatives have a variety of other commitments, boards and committees that they sit on. It is the writer's opinion that Council members should not be held to the same attendance standard as other Board members. Nonetheless, if the majority of the Board has an issue with the attendance of a Council representative, they should pass a motion formally asking Council to replace their representative on the Board. The LLBIA has a provision in their constitution which gives the previous B.I.A. Chair an automatic seat on the Board. The rationale for the automatic position is to provide continuity from one term to the next. The writer is of the opinion that such continuity provisions are unnecessary as they do not exist, for example, with municipal councils (i.e., an entirely new Council can be elected at each general election). Nonetheless, until this provision is eliminated from the LLBIA constitution, the automatic position exists. This term, however, the Chair ruled that the past Chair did not have a vote at the Board, which has not been the past practice at the LLBIA. Without a vote, it is understandable that the Past Chair's attendance would be less than perfect, however, the Past Chair has provided evidence that she failed to receive notification of certain meetings. One complaint heard regularly during my investigations is that there was not a set Board schedule and that meetings were called and cancelled with little notice. What is most important to note from the correspondences is that there is an admission that the members, who were replaced at the August AGM, were delinquent. Any procedural improprieties at the August AGM were not as a result of anyone in attendance at the meeting. The proposed replacement members are respected business people, some of which have participated in the BIA in the past. Council is within their authority to approve the replacements, as Board members are in their position at the pleasure of Council, as per the Municipal Act. If Council was not to approve the replacements, it may discourage future volunteerism at the B.I.A. level, however, approving the August slate of candidates could continue to perpetuate the conflict at the LLBIA. One additional matter on vacancies, at an April AGM, the LLBIA did replace one Board member who no longer had an active business in the BIA. George Trianopoulos was replaced by Lisa Tokuc, Ramada Plaza Niagara, without controversy. The Chair, to date, has not forwarded this information for Council's approval. Staff recommends, in the minimum, Council approve Ms. Tokuc's appointment to the Board. February 12, 2013 - 5 - CD- 2013 -02 Option #2: Delete the delinquent Board members and continue with the existing Board As indicated, the LLBIA has a large Board consisting of 14 members, a Council representative and the past Chair. The origin of the large Board was in an effort to be inclusive with all interests within the LLBIA represented. Deleting the five (5) delinquent members would still mean a reasonable Board size of ten (10) members. The ten (10) current Board members were invited to meetings, by City staff, prior to Christmas on the WEGO system. At the December 14th meeting, eight (8) of the ten members attended. After WEGO issues were dealt with, a frank discussion and airing of issues occurred. The Board agreed that to move forward, the best course of action would be to continue with the Board as currently constituted: ten members for the remainder of the Council term. It should be noted that this was the motion that the Council representative on the LLBIA moved at the September 11th Council meeting, prior to the deferral being passed. In light of this recommendation coming from the Board members, it is staff's recommendation that Council endorse the current Board continuing, without the vacancies being filled. It was also suggested that BIA members who came forward in August be invited to participate in some of the LLBIA's sub - committees. At the December meeting, the Chair was asked to set up a regular schedule of meetings going forward. It is frustrating that this has not been done to date because the LLBIA could have resumed operating at the beginning of the calendar year. As time passes since the December meeting one has to wonder if the compromise position is still agreeable to the sitting Board members. The Council representative has indicated that she has resigned from the LLBIA, therefore, Council will need to appoint a replacement. Council could consider multiple appointments similar to the Downtown B.I.A., where three (3) Council representatives attend based on their availability. Option #3: Call a new A.G.M. When issues surrounding an AGM in Downtown occurred in 2011, Council ordered another election be held. Staff is not recommending another AGM, as the BIA has been in a stasis since September. Having another election will continue the LLBIA's holding pattern. Conceivably the delinquent members could run again. The members who put their names forward in August would have to put their names forward again. Also, as more time passes the greater the likelihood that good members will be disillusioned with the LLBIA and not volunteer. Option #4: Disband the B.I.A. The LLBIA has been plagued with issues over the years. Factions within the BIA have shown an inability to work together or resolve their issues at the BIA level, often seeking involvement of Council members and City staff. Even with the apparent compromise agreement from the December 14th meeting, there is no guarantee that resentments will not linger within the LLBIA. February 12, 2013 - 6 - CD- 2013 -02 If the BIA members cannot resolve their issues, it may be advisable to disband the BIA, however, there are legislative requirements to fulfill. A resolution from the Board or a petition from persons responsible for at least one -third of the BIA levy would be necessary to repeal the by -law. Other Issues Through meetings, investigations and discussion with BIA members, a variety of issues have come up regarding the general management and organization of the LLBIA since the beginning of the Council term. Below is a chart of the issues and suggested solutions: Issue Suggested Solution (s) Meeting schedule -adopt a regular meeting schedule at a regular time that is agreeable to the majority of Board members (i.e., third Wednesday of the month at 5:00 p.m.) Lack of a quorum at meetings -adopt a regular meeting schedule (see above). - contemplate amendments to the constitution so that delinquent Board members can be more expeditiously removed. Currently, removal can only happen at a general meeting. Lack of meeting minutes - appoint a new secretary -have minutes completed and available to the Board in time for the next regularly scheduled Board meeting. -post minutes on BIA intranet site -send a copy fo the minutes to the Clerk Lack of an update of LLBIA Internet site - delegate function to a Board member or hire a staff person or independent contractor to keep site current. Purchasing practices -the LLBIA follow the City's BIA guidelines and adopt a purchasing policy It appears many of the issues with the LLBIA, this term, have been related to control. The Chair seems to have taken on a number of roles (setting meetings, preparing minutes etc.) and, as a result, activities of the Board have often taken place at his whim. There should be greater delegation of roles and responsibilities at the Board. Also, in today's age of instantaneous communication, there should be no reason as to why Board and general members are not keep fully informed of the LLBIA's activities, minutes and meetings. The lack of timely minutes has created another issue. The audited statements for the Fiscal Year Ended December 31/11 are being withheld by Crawford, Smith & Swallow because of the absence of necessary audit information, namely minutes of meetings held in 2011. February 12, 2013 - 7 - CD- 2013 -02 Council is reminded that in 2011, it adopted BIA guidelines for the various, local Business Improvement Associations to follow. The LLBIA should be adhering to the guidelines. FINANCIAL /STAFFING /LEGAL IMPLICATIONS As per the Municipal Act, a board of management shall be composed of, (a) one or more directors appointed directly by the municipality; and (b) the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality The municipality may refuse to appoint a person selected by the members of an improvement area, in which case the municipality may leave the position vacant or direct that a meeting of the members of the improvement area be held to elect or select another candidate for the municipality's consideration CITY'S STRATEGIC COMMITMENT A functioning Business Improvement Area (BIA) contributes to the overall economic vitality of the municipality. LIST OF ATTACHMENTS Various BIA correspondences Recommended by: Dea Iorfida, City C9erk Respectfully submitted: DI Ken Todd, Chief Administrative Officer Clerks Department Inter-Department Memorandum TO: Nlavor James M. Diodati DATE: September 11. 2012 & Members of City Council FROM: Dean Iorfida Cite Clerk Ext. 4271 RE: Lundy's Lane BEA Please see attached correspondence from various members of the Lundy's Lane BL1. Obv iousl}, there is some contention within the BIA. Nonetheless. on July 17h the BIA held an Annual General Meeting to pass their 2012 budget. he meeting was adjourned to August 7th to deal with the issue of members who had not attended the Board since being elected and amendments to their constitution. At the August 7'h meeting, those in attendance approved constitutional amendments and appointed replacements to the Board members who had long - standing absences. As per the Municipal :Act. Council is required to approve the replacements. RECOMMENDATION: For the Consideration of Council .:(nfpf Working Together to Serve Our Community Dean, I am writing to request Councils approval of the list of directors that were voted on and elected at the reconvened AGM meeting of the Lundy's Lane BIA on August 7th 2012. The Lundy's Lane BIA held their Annual General Meeting on July 17`h, 2012 according to protocol outlined in our Constitution. Several members of the BIA were in attendance and among other items, voiced concern over the fact that there were at least 5 board members that rarely, if ever showed up for the monthly board and general membership meetings since being elected in March of 2011 (18 months prior). This led to numerous meetings being cancelled due to lack of quorum as well as inhibiting any work from being accomplished. Based on a suggestion made by our council representative Janice Wing, it was voted on and approved by the Genera! Membership in attendance at the AGM, that the meeting be suspended and reconvened at a later date. This decision was made in order to allow our chair, Navin Shahani, sufficient time to send letters advising the agreed upon members of their failure to attend meetings and to notify them that they were in contravention of the constitution which states that "any board member that misses 3 or more meetings can be deleted at an AGM ". This notification was to be completed by that Friday, July 20th. This would allow 10 days to receive a response prior to the continuation of the suspended meeting which we voted and unanimously agreed, would be held on August 7" at 5pm. Navin Shahani (Chair), Ross Barr(Vice - Chair), Veena Shahani (Treasurer), and Arvind Vyas were in attendance and agreed to this date and time. For the record, this was not the first time that the board and general membership passed motions for our Chair to send notification to the absent board members. On August 7`h, fifteen BIA members including our Council representative attended the reconvened AGM meeting as was scheduled. We did so in good faith in an effort to improve the progress of the functioning of the Board and in an effort to provide to the Board with persons who are interested in and dedicated to working towards the betterment of the entire BIA. In spite of the fact that the current Board's Chair, Vice Chair and Treasurer chose not to attend the previously agreed upon reconvening of the AGM, there were actually more BIA members in attendance at the second meeting than there were at the first. If our Board's chair chose to not notify parties that he deemed to be interested in the matters at hand, including and in particular those Board Members that were at risk of being removed, it cannot be considered to be the fault of those persons that did attend. Not only did our Chair completely ignore numerous emails and phone calls from myself and other Board and BIA members, the chair actually did not even book a meeting room for the motioned and approved time and date. Again, this is not the first time that voted on matters have been ignored by our Chair. Additionally, the board and general members in attendance at the July 17th AGM did not receive any notice from the Chair that the meeting was cancelled or postponed. The minutes as recorded by Janice state the outcome of the meeting. (see attached) I respectfully request that Council approve the following list of Directors as were voted at the August 7`h reconvened AGM meeting: 1. Marjorie Ruddy, Canada One Outlet Mall 2. Maureen Cade, Best Western Cairn Croft Hotel 3. Lisa Thompson, KOA Campgroud 4. Wayne Kretz, Oh Canada Eh! 5. Frances Berry, Expressions Flowers & Gifts 6. Lisa Tokuc, Ramada (voted on at previous general meeting) Three of the six individuals have proven track records of active involvement in the BIA, all are passionate about the area, attend and provide input to the board and represent a broad spectrum of the BIA business composition and geographic location within the two mile span. They came out to the AGM and let their names stand so that we can accomplish the initiatives that were discussed in the past but that have fallen to the wayside in the last 18 months. Important matters that have been neglected and ignored include, street signage, updated website, marketing collateral, brochures, maps, lighting displays, constitutional changes and most importantly, communication to the membership. These new Directors are ready and willing to step up to the plate, to fill a void that currently exists on our Board due to extremely poor attendance. They are energized and excited about making progress within our BIA. They are prepared to fairly and without prejudice represent the entire membership to help all of the diverse businesses within our BIA to coexist in an improved environment both aesthetically as well as from a marketing perspective as is the mandate of all designated BIA's within Ontario ... we truly need your approval of this elected list in order to get our BIA back to working toward this goal. Tish DiBelionia, BIA Board Member (905) 371 -8579 AMERICANA 8444 Lundy's Lane Niagara Falls, Ontano Canada L2H 1H4 Fac�bo. Tef (905) 356-8444 73i -Frees- 1- 800-263 -3508 Fa‘c (905) 356 -8376 Mark Cahill, BIA Board Member Fran Berry, past chair of Lundy's Lane BIA 905 -374 -6800 region 6981 Lundy's Lane, Niagara Falls, ON L2G 1W1 905 - 374 -6800 local 1- 888 - 791 -9055 toll free avw:, exoreslorsflowers.net w v',v fcebook. corn /expressionswithflo,,,era (4/18/2011) Dean lorfida - Fwd. signatures & results recap From: Janice Wing <janice_wing @cogeco ca> To: Dean lorfida <diorfida@niagarafalls.ca >, CITY COUNSIL <council @niagarafa... CC: Ross Barr <maii @scottstrailerpark.com> Date: 4/17/2011 6'45 PM Subject: Fwd signatures & results recap Begin forwarded message - > From "N Shahan( <nshahan( @gmail com> > Date April 17 2011 6.4008 PM EDT > To Janice Wing <janice_wing @cogeco ca> > Subject. signatures & results recap > Janice > > I forgot to menton that the three signatures at the bottom of the page belong to myself. Hilary Sitlant and Fran Berry > Recap of Results for your convenience > Election Results > > The newly elected board consists of the following > > 1. Mark Cahill with 29 votes > 2 Inderpal Hansra with 23 votes > 3 Navin Shahani with 21 votes > 4 David Khurana with 21 votes > 5 Ross Barr with 21 votes > 6 Veena Shahani with 20 votes > 7 Baljit Singh Sheena with 20 votes > 8 Taj(nder Kaur Singh with 19 votes > 9 Hardev Dhillon with 19 votes > 10. Arvind Vyas with 18 votes > 11 Indr(s A. Butt with 17 votes > 12 Hilary S(tlani with 16 votes > 13. George Tr(anopoutos with 16 votes > 14 Tied between 4 candidates all having 15 votes each > Tony Vommero. Tish DiBellon(a William 0, and Trevor Barr which is to be discussed with City Clerk and Council as to how we -app roa h this "tie dr,,useri by 5c.ti id tkr s c o �L Page 1 August 14, 2012 Navin Shahani Chairman Lundy's Lane Business Improvement Area Dear Navin Shahani, it has oeen brought to the attention of the members of the Lund', s Lane BiA that on August '37, 2012 a general gathering for Lundy's Lane BiA was held at the MacBain Centre at 5.00pm For this Bathe -ing_ it should be noted that NO PUBLIC NOTICE was given to the General Membership which is required by the Municipal Act and your own B1A Constitution. Mr. Shahani, it is noted that you were not in attendance at this particular gathering. Is it not the role of the Chair to preside at ail meetings of the Lundy's Lane BiA. according to the Constitution? Section 2.3 of the Lundy's Lane BiA Constitution states: The Chair shall preside at alt meetings of the Board of Management and any meeting of the General Merrmbersnip of the Business improvement Area. The Char is responsible for approving ail Board expenditures and shall be considered the signing authority for all correspondence and recommendations from the Board to Qty Council. The Chairs hail also prepare an agenda for all greetings of the Board. The Chair shall oversee the general management of the affairs and operations of the Board and the Business improvement Area During the absence or the inability of the Cna:r, his duces and powers maw be exercised by the vice -Chair or such other member cf the Board that the Board may appoint for that purpose. Section 6.5 of the Lundy's Lane BiA Constitution states: Location of Meetings The Chair of the Board sho!l determine the location of genera? meetings. Nonce to all Board and members is required at least fourteen days prior to the meeting Mr. Shahani, it is also noted that the Vice Chair, Ross Barr, the T-easurer, Veena Shahani, the Secretary. Arvind Vyas and eight other Directors were not present at the gathering held on August 07, 2012 We believe it is safe to say that you and these other Board members had no knowledge of the proceedings held on August 07, 2012. At this gathering, according to the minutes, representatives of properties that have net yet been assessed by MPAC. attended and voter according to the BI.A constitution and the iblunicipal Act, these representatives'naving not yen been assessed are not members therefore unable to vote Charees made to the Municipal Act. ensure that meetings he'd by municipal councils and local boards rust reflect openness and transparency_ All reetings are sue to procedu,al ro'es. For example, pubs c notice must tira gtven of upcoming meetings. According to the LL.rldy's Lane 3:A Consttution, 14 lays notice must he given for ail General titembershvp Meetings No notice 'was given to the membership . at this gathering, f. rtne- to its coottaven0on o' the klunicipal Act and the BIA Constituticn, five Dirnctors ,,F the Boa -1 a:ere rer ^o,rod based on rn,ssiog three cosec ,_five. meetings 0, August 07, 2012, Letters were. sent. to you Irdicattng that these tine board members:,yera. not the only members the Board to m ss three consecutive meetings. The'etter indicated that ianice'rt�ing, City Council Representative and F -antes Berry On Officio have been granted immunity by some members after miss ng three - onsecotive meetings. Inderpal Hansra, Indrus Butt David Khurana, Hardev Dhillon and Baljit Singh Chhina have been removed from their Council approved positions at the gathering held on August 07, 2012. Immunity for the same contraventions against the BIA Constitution has been granted to Janice Wing and Frances Berry. lanic:n'vi:r'4 nos been appointed 'ray City Council to act 35 the Lundy's:_ane BiA `euresentative this sepoinrment by City Council does not alin,ri for her to miss three. ccnsecut re meetings She is not =.bore the Corsntotion and Ii<e any other Board member, should be Held to the same standard Section 3.2 of the BIA Constitution reads; the immediate Past Chair shall sit as on ex officio member of the Board of Management. The Past Chair shall provide continuity and assist the Board as required. Frances Berry, wit's me positicn she holds as Ex- Officio the Constitution documents Her as a Board member Her ouroose ;s to help the newly eected Board's transition. She has fades in her role as Ex- Ot2c:o oased on just that one purpose of helping the neVS Board's transitcn with her lack of presence This however. is not grounds for dismissal Missing three consecutive meetings is. The question we must ask is why some Board members are being selectively removed and other Board members granted immunity for the same contraventions to the BIA Constitution? Caradiar .a w pro -eots all peop e `nom discrimination The Ontario Human Rights Code specifically states that it is against the 'avv to discnmmate aganst oased on race, colour, ancestry, place of origin, religion, martal star,,,, family status, physical Or mental disability, sea, sexual orientation, age or because of unrelated criminal convictions. This includes volunteers even though they are not classifies as emtIoyees. However, some non - profit organizations may be exempt from some of the human right; sions. For example organizations, which promote the interests of a particular group, may be exempt when it comes to granting a preference to someone from that group Generally however. it is oetter For organizations to act without discrimination and assume that protection `rom discrimination . tends to any acti bt 1 or service of the organization. Tn; includes a duty not to discriminate when se ecting volunteers and oartidaants, protecting them both from discrimination onto they have been se ected and taking reasonable steps to prevent or stop discrimination when it occurs. Organizations Must also remember that they nave a legal duty to reasonably accommodate irdiyduais This means that organizations may need to change policies and procedures that are discriminatory based on, for example, race, colour or place of origin The onus is on the organization to make re-isolable attempts ;o accommodate, by correcting or changing any policies, procedures or <icti 0tes, which cliscrim hate An organization may need to show that it made reasonable efforts to accommodate a person up to the point of where they encountered financia; hardship ar some other serious is-sae prevented the accommodation from gong further. Ms Shahani. at this same gathering on August 37, 2012, an acing Chair was appointed by the Genera: membership wnich again is in port- aventon to the Lundi's Lane Charter Section 3 1 of the Consttuton clearly states "During the absence or the inability of the Choir, his duties and powers may be exercised by the Vice -Chair or such other member of the Board [hat the Board may appoint for that purpose.' %fir. Shahani_ on August 07, 2012 only three members r s of tlfe, tsonitly's Lane BIA Board of Directors i,vere present As yrnu already knob, quorum for this 3:0 is eight Quorum of the Board of Daanaeehrfent was not attainable therefore. the Board appointing a member of the Board to act as Char for the parposes of moving forward on August 07, 2012 was mposs ole and 007 : rr`e3 ou- icon -ding to the _o dy"°; Lane BIA Constitut.on. Mr Shahani, at that gat'ner''rg or Augus: 07, 2012 nominations for vacant positoes of the Board of hirana,4ament were taken by the acting Chair, Mark Cahi who was appointed by the General Membership, not the Board of Management, for that oarticalar gat ,ering The nominations ."ere as folio'✓ :s Marione R,idci'; nominated by T'sn DrBellania Maurine Cade nominated by Len Cade Wj ;ne Kretz ncrrinated by T sh DiBellonia Tony Vommaro nominated by Marjorie Rudy Lisa Thomson nominated by Fran Barry Mr. Shahani, according to the _undy's Lane B1A Constrtation Bect=on t5 "Where a vccanc✓ "i curs from a��, cause, the Board of Management' ;hail cocoint a pennon a,,a,ired who shad hold office for the rem air der of the term for vhich his predecessor woo 70pomted 7-h is oositon ion cn'y : L'ed of a General Merbership iL1ee`in 7 fo,iowrng same eiedion process descrrbed !n paragraph 3. Paragraph, 3 or section 1 3 of the Constitution states The Board of 'Management silo!. prepare 7 fur' sate of person, svhrch the Board has by vote decided to re_o e:e od to the 'Spurr/1 as '7,embers for the succeeding rer^l of the Board of ^.Tunagement. The Nomrnatlon Chair shall be provided with the slate of Ore,.//005 afore5a0 prepared by the Board of Mumoogerner t apd then at t er request tl of further norr aeons ore made of persons wrshing to be appointed to the Board of Management frorn any of the members of the B LA When ail nommnations nave been received, the Chair snail dose the nominations and proceed to Conduct Cr lore to determine the persons who !,viii be reccmrr'lenaed to the Counci as members of the next Board of IV?anagement. After the vote the Stomirat:cn Chairman shall advise the Beard of Management of the persons to be recommended and the Board of Management shat! m ,✓tiring so advise the Council Clearly, a slate of nominees was not prepared by the Board of Mrianagement as indicated in the minutes of August 07, 2312 and the election of officers conducted at the gathering an August 07, 2012 is again in contravention to the Lindy's Lane 81A Constitution. Mr. Shahan,!, in the past you have spoken about the democratic process. Do we not live in a dernocra society where notice of nominations and an electoral process is paramount' Or as it seems, do we live in a society where the electorate is kept poorly informed for the purposes of another individual or group moving forward, charged in their cause of taking office? As it seems, with the lack of notice for nominations and elections process held at the 'closed' gathering on August 07, 2012, we must live in the latter society. The dictionary defines "election" as: The right or ability to make a choice. '0/hy have we not been given the right to make a choice as to who we want to represent us at the BIA Board level? Mr*. Shaheni, the Lundy's Lane 01A s openness transparency and above. all, credibility is in dire jeopardy As you have already understood, this letter is in protest to the activities iponciucte.d by certain members of this Board and General membership of recent. As the August 07, 2012 gathering was unofficial in so many ways, it should be brought forward by you, our elected Chair to the City Clerk and al members of City Council, including Janice 'yKing, that the appointment of these five "newly elected' members should not he raffled at the neat City Council meeting on September 11, 2012 as outlined in Suction 2 5 of the Lundy's Lane BIA Con,st.tution 'Newly elected Board Members must be approved by City Council'', due to the many contraventions of both the Niunidpal Act and Lundy's Lane BIA Constitution, noted above Instead, appropriate procedural action must be taken in the process of felling vacant positions where Directors have missed three or mare consecutive meetings Sincerely, Lundy's Lane General Member-strip Members signed below: 0 r0,v v �� / f , i L. G \4 y"" L;4 �4 r r 1. rL .Y1 f1L I'`11 ff Li ( David Khurana Travelodge Boneventure 7737 Lundy's Lane, Niagara Falls, ON Baljit Singh Chhina Arkona Motel 8450 Lundy's Lane, Niagara Falls, ON IDRIS BUTT A -1 Motel 7895 Lundy's Lane, Niagara Falls, ON Hardev Dhillon Knights Inn Lundy's Lane 7034 Lundy's Lane, Niagara Falls, ON Inderpal Hansra Tropicana Inn 8674 Lundy's Lane, Niagara Falls, ON August 07, 2012 Dear Mr.Shahani, Thank you for your letter dated July 20, 2012. For your records, we have had these letters delivered to us by courier on July 27, 2012. Please accept this letter from the collective of Directors to whom the correspondence was delivered to. We would like to make it clear that we understand the importance of attendance at these Lundy's Lane BIA meetings. Achieving quorum with a group of volunteers is a tedious task in itself and Directors who are unavailable does not help your group whose mandate is to improve our Lundy's Lane area. With that, and from our conversations of recent, neither of us to whom your correspondence has been delivered to have any issue with submitting to you our formal resignations based on the fact that one or more of us have missed three consecutive meetings provided the same standard is set for all Directors (voting privilege or not) of the Lundy's Lane BIA Board of Directors. As we have been made to understand however, we five Directors are not the only members of this Board who have missed three consecutive meetings. We understand two more Directors, Janice Wing (City Council Representative) and Francis Berry (Ex- Officio) have also missed three consecutive meetings but have been overlooked in this matter. It is highly irregular that five out of seven members who have had issues with attendance are being placed "on notice" and asked to "state their intention ". The same standard should be set for any and all Directors elected to this Board and ratified by City Council. There should not be any difference in director status, whether you are a large property representative or smaller property representative, a City Council Representative or an Ex- officio. All members and elected /appointed Directors are well aware of the time commitment becoming a Director of this Board is at the time of election. As our appointed Chairman, we would like you to investigate and report back to the Board this matter of two Directors, Janice Wing and Francis Berry, not being placed on notice for their lack of attendance. Further to this investigation, provided the same standard is set for all Directors (voting privileges or not) and provided that all seven Directors who have missed three consecutive meetings have been placed on notice and given the same alternative, collectively we feel that it would be of no issue to respond favorably to your letter and request. Sincerely, • �2ti iii It IDRIS Butt Lundy's Lane BIA Reconvening of 2012 Annual General Meeting Tuesday, August 7, 2012 at 5:00 pm Board Room, MacBain Community Centre Present: Board of Directors: Mark Cahill Tish DiBellonia Janice Wing BIA Members: lock Ainslie Frances Berry Ralph Biamonte Len Cade Frank Grottola Wayne Kretz Ron Rosinski Marjorie Ruddy Ryan Serravalle Lisa Thompson Rhonda VanKleef Tony Vommero 1) Call to order: Rein Realty Ameri Cana Resort City of Niagara Falls Business Owner Expressions Flowers & Gifts Mick & Angelo's Best Western Cairn Croft Mulbery Plaza Oh Canada Eh Rocky Mountain Chocolate Factory Canada One Factory Outlets West End Plaza KOA Kampground Campark Resorts Comfort [nn At approximately 5:10 pm, the Chair having not appeared: It was moved by Len Cade, seconded by Tish DiBellonia, that Mark Cahill be appointed temporary Chair. Carried. Mark assumed the Chair for the remainder of the meeting. 2) Absentee Board members: Len Cade raised the matter of delinquent Board members, the item during which the AGM had been suspended. He referred to the provisions in the Constitution for chronically absent members to be replaced at an ACM. Janice Wing noted that she had two amendments with regards to this matter that she had prepared in conjunction with the City Clerk, and read these aloud. She noted her intention to move the two proposed amendments. It was moved by Len Cade, seconded by Marjory Ruddy, that (nderpal Handra, David Khouran, Indris Butt, Baljit Singh Sheena and Hardev Dhillon be deleted from the Board. Carried. 3) Amendments to the Constitution: Len perceives a need to amend the Constitution to address Board composition. He would like to ensure a cross- section of businesses being represented on the Board. He also believes that proxies should not be allowed at any meeting (Board or General) of the BIA; it has been strongly suggested by the City that this shouldn't be allowed. (t was moved by Len Cade, seconded by Janice Wing, that proxy votes are not permitted at any BIA meetings. Carried. Tish DiBellonia sought clarification that businesses were still permitted to appoint representatives. It was clarified that this was a different matter. Janice noted that appointed representatives are regularly involved in the Main & Ferry BIA on the understanding that should the actual owner of the business or property attend a meeting, he /she would take precedence over the appointed representative. Fran Berry suggested that an official form be developed for the appointment of a representative and that those whom have appointed a representative should be kept apprised of upcoming agenda items. 4) Vacant seats: Acting Chair Mark Cahill took the following nominations for the five vacant Board seats: Marjorie Ruddy was nominated by Tish DiBellonia. Maureen Cade was nominated by Len Cade, Wayne Kretz was nominated by Tish DiBellonia. Tony Vommero was nominated by Marjorie Ruddy. Lisa Thompson was nominated by Fran Berry. Janice noted the City Clerk had advised her that members who wished to stand for the Board should be at the AGM in person. She noted that the Main & Ferry BIA has allowed members who are unable to attend the AGM due to prior commitments to stand if they have provided a written expression of interest in a Board position, and is open to flexibility here as well. She questioned whether Maureen Cade, not being present, had at least provided a written expression of interest in standing for the Board. This had not been provided. A number of members present indicated their confidence that Maureen Cade, who had been at the AGM prior to its suspension, intended to stand. Mark called for further nominations. It was moved by Jock Ainslie, seconded by Ron Rosinski, that the nominations be closed. Carried. Mark declared the five named above acclaimed and welcomed them to the board. 5) Past Chair position: Discussion arose regarding the voting rights of the Past Chair. Fran Berry advised that the City Clerk had told her that if she was sitting an the Board se should he able to vote. Janice Wing advised that the Clerk had questioned this position and suggested that if the immediate past chair had interest in serving again in a different capacity, he /she should stand for such a position. Janice was asked for the rationale behind this alleged advice and recited the following from memory: The change in term of office from three years to four has made this an eight -year commitment (four years as Chair plus four more as Past Chair). The intent was presumably to ensure continuity from one Board to the next, but it would be exceedingly rare for there to be no members continuing, so the position is unnecessary. There is no provision for such a continuance in The Municipal Act and a municipality could, in theory, be replaced with an entirely new Council. The Board should be held to the same standard as the municipal council. Tony Vommero offered to step down in order to create room for Fran Berry on the BIA Board. Tony tendered his resignation. [t was moved by Tish DiBellonia, seconded by Len Cade, to appoint Fran Berry to the newly vacated seat. Carried. The matter of the Past Chair position is to be discussed by the Board. 6) Further amendments: Len introduced the matter of unauthorized absences of Board members and advised he had prepared a motion regarding this issue. Janice reminded the Board that she had a motion, prepared with the assistance of the City Clerk, which she had already presented and indicated an intention to move when there was not already a motion on the floor. She was asked to reread the motions she wished to present. It was moved by Len Cade, seconded by Janice Wing that section 2.5 of the Constitution (Vacancies and Additions) be amended to read: "When a vacancy occurs from any cause, the Board shall appoint a person qualified who shall hold office for the remainder of the term for which his predecessor was appointed. Newly appointed Board members must he approved by City Council." Carried. It was moved by Janice Wing, seconded by Marjorie Ruddy, that section 5.1 of the Constitution (Attendance) be amended to read: "A board member's seat automatically becomes vacant it they miss (3) consecutive board meetings without written explanation or authorization of the board." Carried. 7) Concerns with present Executive: Len advised of his belief that a discussion of the Executive needs to take place. Among other things, he is concerned with the possibility the property that the current Chair represents may have been sold. Tish suggested "non- confidence' and noted a lack of Board members in attendance at meetings, motions approved by the Board not being followed through on, and the fact that the Chair hadn't booked a room for today's AGM continuation despite this time and date having been set prior to the AGM being suspended a couple of weeks earlier. Len noted there was no Secretary present today and that there had been an 8 -10 month delay in producing previous minutes. [Note: Janice Wing had begun taking minutes as the meeting was called to order, and Marjorie Ruddy was tape - recording the proceedings.] Mark Cahill noted his concerns with the timing of the release of cheques to suppliers. He also noted that he had recently been advised that there were displays in storage at Classic Displays that were supposed to have been picked up six months ago. Fran Berry is concerned that procedures are not being followed. She advised that important information is not being passed on to the Board and membership. Tish noted she is constantly receiving calls from agencies (e.g. NTC, CTM, AAA, CAA) unable to reach the hair. Fran noted she has received the same calls. Tish and others noted that the Chair has not been returning their calls. It was moved by Len Cade, seconded by Marjorie Ruddy, that the effectiveness of the Executive be discussed at the next Board meeting. Carried. 8) Lundy's Lane Battlefield Projects: Dr. Jock Ainslie advised that he had been one of the original proponents of a walkway feature to connect the north and south sides of Lundy's Lane in the Lundy's Lane battlefield area. He noted that the walkway is not currently needed, whereas funds to preserve an important part of the battlefield as parkland are needed. Without the parkland, the walkway won't ever be needed. Fran Berry asked if he was suggesting the B1A redirect the $150,000 committed to the Walkway project. Marjorie noted her concern about whether a B[A can redirect funds and stated her opinion that more information was needed on this. Janice Wing declared a conflict of interest because she is on the Friends of the Lundy's Lane Battlefield board and owns property abutting the proposed parkland. She noted as a piece of general information that the Main & Ferry BIA had recently redirected funds from one project to another. There was a consensus that this needed to be discussed and voted on at the board level_ Len Cade suggested to Jock that the project in question is so important that he should get the deadline for raising funds extended. Tish advised that a Board meeting needs to be set up. The date chosen was Tuesday. August 21 at 10:00 am. 9) Adhournment: It was moved by Marjorie Ruddy, Seconded by Fran Berry, that the meeting be adjourned. The meeting was adjourned at 6:02 pm. BUSINESS IMPROVEMENT AREA (BIA) GUIDELINES Adopted by Niagara Falls City Council April 2011 Guidelines /Requirements for Business Improvement Areas in the City of Niagara Falls Background: Niagara Falls City Council directed staff to develop guidelines for voting, proxies and standardized budgets for the City's Business Improvement Areas (BIA). BIA's have been in the community for some time. Amendments to the Act in 1998 necessitated the municipality passing by -laws (re)establishing the various BIA's within the City. Some of the requirements under the by -law and under the Act have not been adhered to as strictly as in the past. Section 205(2) of the Municipal Act (the `'Act ") states that a board of management shall submit the budget to council by the date and in the form required by the municipality. The City is interested in having some consistency in the form of the budget presented by BIA's and being able to assess the business tax levy in a timely fashion. The issue of voting at the BIA, especially at the annual general membership meeting, has been controversial for a number of local BIA's. The information contained in the guidelines is either mandatory under the Act, advised by the Ministry of Municipal Affairs & Housing's (MMAH) BIA handbook or best practices suggested by City staff. In addition, many BIA's may not realize that amendments to the Act, effective in 2007, require greater accountability and transparency on the part of BIA's. As a result, BIA's should be adopting rules and policies to deal with meeting procedures, public notice, sale of land, hiring of employees and procurement of goods and services. Finally, all BIA's should be referring to the MMAH's BIA handbook. It is an invaluable resource and much of what is proposed in this document comes from the handbook. Please refer to: http : //o ntari o . c a/B IAhandbook Financial Management Standardized Budget Format Section 205(2) the Act allows the municipality to determine the form of the BIA budget submission. A sample BIA budget from the MMAH BIA handbook is suggested and included for reference. Although the categories may differ, the budget should have some broad categories (administration, marketing, beautification) and a break down (subcategories) of what may be spent in the broad categories. The budget should outline any budget carry over from the previous year. Reminder: A BIA shall not expend any moneys not included in the estimates approved by the Council or in a reserve fund. Budget Deadline We are asking that all budget requests be in by the last business day of April. Annual Report The Act stipulates that municipal auditor is the auditor of each BIA. The Act and the City's BIA by- laws also require an annual report for the preceding year to Council, including a complete audited and certified financial statement of the BIA's affairs, with balance sheet and revenue and expenditure statements. The audited financials are required under the BIA by -laws by the first day of March of the calendar year. It is strongly suggested that these audited statements be available to the BIA membership for scrutiny at the annual general meeting. Approval of the forthcoming year's budget should be contingent on the annual report being accepted by the membership. Checklist ✓ Audited statements to the City by March 132 of the calendar year ✓ Budget requests to the City by last day of April. Voting at General Membership Meetings Who Can Vote Commercial property owners and their tenants can vote in the annual general membership meeting. There is no longer a requirement that tenants have to prove they pay a portion of the property tax. For example, a mall owner within a BIA would be entitled to vote, as would the mall owner's tenants. Both the mall owner and the tenants have a stake in the success of the BIA and, therefore, should be entitled to vote. A corporate member of a BIA may nominate in writing one individual to vote on behalf of the corporation. Voters List It is suggested that at least a week prior to the general membership meeting, a list be compiled by BIA staff, if applicable, of whom is entitled to vote (commercial owners, tenants). Any discrepancies should be resolved before the annual general meeting. In addition, corporate members should declare their nominees (who will cast the vote on behalf of their corporation) in writing, a week prior to a general meeting. One Vote Owners of multiple properties within a BIA do not get multiple votes. Each member of an improvement area has one vote, as per Section 204(6) of the Act, regardless of the number of properties, in the same name, that the member may own or lease in the improvement area. For example, an owner, John Doe, may own twenty properties within a BIA. John Doe is not entitled to twenty votes if the properties are listed under the ownership of John Doe. The owner is entitled to one vote. Each of the owner's tenants is entitled to one vote. If an individual person or company owns properties in a BIA in separate and distinct names, the individual or company is entitled to one vote for each property he /it owns in separate and distinct names. Therefore, there could be one principal behind multiple numbered companies in different names. The principal could end up casting multiple votes at an Annual General membership meeting as per s. 204 (8) of the Act. Checklist ✓ Commercial property owners and tenants are entitled to vote at the AGM. ✓ It is no longer a requirement that tenants have to prove they pay the property taxes. ✓ No individual is entitled to more than one (1) vote. ✓ Corporate members should declare their nominees in writing. Proxy Voting Proxy voting has been controversial at various local BIA's. Nothing undermines the credibility of a vote more than an individual showing up at the general election indicating that they are voting on behalf of multiple property owners. A true proxy vote occurs when the proxy votes based on the wishes of the proxy giver. In all likelihood, the individual has elicited the "votes" of BIA members who may be apathetic to the activities of the BIA. Although most local BIA's have a constitution, based on a standard set out years ago, none have well- articulated policies on proxy voting at the annual general membership meeting. Some recent attempts have been made to address the proxy issue by various local BIA's. The City of Toronto, which has more than seventy BIA's and a well- established umbrella support organization, does not allow proxy voting. It is City staff's suggestion that local BIA's also not allow proxy voting at their annual general membership meetings. The annual general meeting should be advertised well in advance that any commercial owner or tenant should be able to send someone to attend. Proxy voting only encourages apathy at the BIA or pressuring for proxies by those who are involved in BIA activities. If the BIA's are opposed to the no proxy guideline, staff would suggest that they follow the Municipal Elections Act as a guide, which only allows one (1) proxy vote, per eligible voter. Some may argue that in corporations with thousands of shareholders, it is common for shareholders to send their proxies in and the board casts the thousands of votes as directed. Such a practice only works when the questions to be decided at an annual general meeting are already determined. Also, proxies occur in the corporation scenario because the shareholders are disbursed throughout the world. In a BIA, the members are within a contained geographical area and there should be no impediment to them attending the annual general meeting. ✓ To vote at an AGM, you have to attend and be eligible to vote. No proxies. Responsibilities as Local Boards The passing of the Municipal Statute Law Amendment Act, 2006 lead to additions to the Municipal Act that affect BIA's. Most notably, BIA's are considered local boards and as such are required to have policies in place. For more detail, BIA's should consult the MMAH BIA Handbook. The following is not an exhaustive list presented as a checklist to the BIA's: ✓ Local boards must adopt and maintain policies with respect to: • Sale and other disposition of land • Hiring of employees • Procurement of goods and services ✓ BIA's must have a procedural by -law governing the calling, place and proceedings of meetings. The by -law also must provide for public notice of meetings. A BIA, similar to Council, may want to adopt a schedule for their Board meetings for the calendar year. Notice provisions should be in place for the calling of a special meeting. For example, City Council requires 48 hours notice for a special meeting. Meeting schedules and minutes of meetings should be posted on the BIA's website, if applicable. ✓ Meeting schedules and minutes of meetings should be posted on the BIA's website. SNOIIV3INf1WWO3 Dean Iorfida From: Alastair Davis < Alastair @habitatniagara.ca> Sent: Friday, January 11, 2013 1:01 PM To: Dean Iorfida Cc: Cathy Crabbe; Ken Todd Subject: WEGO /Habitat for Humanity Conference Attachments: WEGO request City of NFAlls.docx Hi Dean — please find attached a formal request for the City to provide the free services of WEGO to transport 300+ delegates from the Marriott Gateway to Peller Winery return on May 1st I am available to present this request at an upcoming Council meeting. Please advise if you have any questions or if the request needs any modification etc. Thank you for your strong support and guidance. You can reach me at 905- 641 -5925 Regards, Alastair Davis Chief Executive Officer Habitat for Humanity Niagara 150 Bunting Rd., St. Catharines, ON L2P 3G5 W: 905 - 685 -7395 x207 C: 905 - 641 -5925 alastair(a�habitatniagara.ca habitatniagara.ca This transmission and any attachments /enclosures contain information which is confidential and /or privileged and is intended solely for the use of the person(s) to whom the message is addressed. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, please be advised that any review, disclosure, copying, distribution or use of this communication, or taking action on its contents is strictly prohibited. If you received this transmission in error, please notify the sender immediately and permanently delete or destroy this transmission, including any attachments /enclosures, without reading, copying or forwarding it to anyone else. please consider the environment before printing this e -mail. 1 ,'�' Habitat for Humanity® Niagara February 6, 2013 Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Dean; 150 Bunting Road St. Catharines ON L2P 3G5 Tel: 905-685-7395 Fax: 905 -685 -7396 Email: habitat @habitatniagara.ca www.hab ita tniagara. ca Re: Habitat for Humanity Conference and WEGO Partnership - May 1 -4, 2013 I am delighted to confirm that Habitat for Humanity Niagara was selected to host the 2013 Habitat for Humanity Canada National Conference & AGM in Niagara Falls from May 1st to 4th, 2013 at the Marriott Gateway. Given the outstanding hotels, convenient travel, activities and the beautiful City of Niagara Falls, we are expecting a record setting 300 or more delegates from across Canada and the northern US states. There will be extensive use of restaurants and other activities including a Welcome Reception at Peller Estate Winery, an Awards banquet along with many of our delegates choosing to extend their stay in the City to further enjoy and experience the many scenes, events and opportunities available. We are pleased that Mayor Diodati will be delivering greetings from the City at our opening ceremony on May 2nd We respectfully request the City to provide our delegates with free return transportation services of WEGO from the Marriott Gateway to Peller Estates Winery on May 1st. The delegates would be picked up at 5:OOpm and returned to the hotel between 7:30 to 8:OOpm (details to be finalized) Thank you for being outstanding community champions for Habitat for Humanity. The City will be recognized and publicized as a sponsor and supporter of the Habitat for Humanity National Conference. I will be inviting the Mayor, Council and Staff to our upcoming Kick Off event in February at our McRae Street Habitat build in partnership with the students and teachers of the District School Board of Niagara. Yours sincerely, Alastair Davis CEO Dean Iorfida From: Karl Dren Sent: Monday, January 14, 2013 10:55 AM To: Dean Iorfida Cc: Ken Todd; Dave Stuart; Serge Felicetti; Karl Dren Subject: RE: WEGO /Habitat for Humanity Conference Attachments: WEGO request City of NFAlls.docx; image001jpg Hi Dean, Charter Service requests for WEGO buses have been undertaken on a cost recovery basis by either the event organizer or the Hotel. ie. The Hilton. The WEGO operations budget does not support providing free Charter Services to organizations and it is their responsibility to incorporate event activity costs in their event planning. With the number of tourist related events that take place in Niagara Falls, Council could be inundated with this type of request on a regular basis. Since this is a tourism related request, this should perhaps be redirected to Niagara Falls Tourism. Therefore, on this basis, Staff does not support subsidizing this event transportation request. Thanks. Karl From: Dean Iorfida Sent: Monday, January 14, 2013 9:13 AM To: Karl Dren Cc: Ken Todd Subject: FW: WEGO /Habitat for Humanity Conference Karl: I receive this on Friday. How would you like to handle the request? Thanks Dean From: Alastair Davis [ mailto :Alastair©habitatniagara.ca] Sent: Friday, January 11, 2013 1:01 PM To: Dean Iorfida Cc: Cathy Crabbe; Ken Todd Subject: WEGO /Habitat for Humanity Conference Hi Dean — please find attached a formal request for the City to provide the free services of WEGO to transport 300+ delegates from the Marriott Gateway to Peller Winery return on May 1St I am available to present this request at an upcoming Council meeting. Please advise if you have any questions or if the request needs any modification etc. Thank you for your strong support and guidance. You can reach me at 905 - 641 -5925 Regards, 1 Dean Iorfida From: Bob Romeo - Community Outreach <community @epilepsyniagara.org> Sent: Wednesday, January 23, 2013 10:48 AM To: Dean Iorfida Subject: Epilepsy Niagara Hi Dean, I am getting in touch with you to request a motion for a proclamation to declare March Epilepsy Awareness month in Niagara Falls. The month of March is our agencies focus for awareness across the region to have people show their support and understanding about epilepsy and seizure disorders. Those who have epilepsy face so many challenges in life, including a stigma associated with their condition of epilepsy, a stigma we would like to erase. Within Niagara, approximately 5,000 people are living with epilepsy or a seizure disorder. Statistics show that for every 1 person who is diagnosed with epilepsy at least 4 other people, family, friends, peers or co- workers are also affected, so that number could actually rise as high as 20,000 within the Region affected by epilepsy. It is the most common, serious neurological disorder affecting approximately 1 in 100 people or 300,000 Canadians. March 26 is recognized as Purple Day. It is a special day that was started 4 years ago by 9 year old Cassidy from Nova Scotia who has epilepsy. She decided that there should be one special day each year so that kids (and grown -ups) with seizures wouldn't feel so alone. Since then, her idea has grown worldwide and on Purple Day, people all over the globe will be holding special events and wearing purple to show they care. This year is extra special as March 26 Purple Day was voted in as a law in Canadian Parliament this past year. So Purple Day is now recognized as a official day that is dedicated to raising public awareness about epilepsy. Your support with a proclamation will go a long way in making sure that awareness is being created for epilepsy across the Niagara Region. Sincerely, Bob Romeo Community Outreach Coordinator Epilepsy Niagara communityPepilepsyniagara.org 1 Fresh A fund serGing children sic 1 7 FACTS ABOUT THE FRESH AIR FUND THE FRESH AIR FUND, an independent, not- for - profit agency, has provided free summer experiences to more than 1.7 million New York City children from low- income communities since 1877. More than 9,000 New York City children enjoy free Fresh Air Fund programs annually. Each summer, over 4,000 children visit volunteer host families in rural, suburban and small town communities across 13 states from Virginia to Maine and Canada. 3,000 children also attend five Fresh Air camps in the summer on a 2,300 -acre site in Fishkill, New York. Close to 2,000 young people participate in year -round educational programs at camp and in New York City. FRESH AIR CHILDREN Children are selected to participate in The Fresh Air Fund's programs based on financial need. Children are from low- income communities. Fresh Air youngsters are registered by more than 90 social service and community organizations in all five boroughs of New York City. FRESH AIR FUND VOLUNTEER HOST FAMILY PROGRAM Fresh Air boys and girls from six to 18 years old visit over 300 rural, suburban and small town communities, called Friendly Towns, during the summer. Fresh Air children on first -time visits to Friendly Town host families are six to 12 years old and stay for one to two weeks. Sixty -five percent of all children are reinvited to stay with the same host families, year after year. Reinvited youngsters may continue with The Fresh Air Fund through age 18, and many spend the entire summer in the country. Fresh Air children and volunteer families often form bonds of friendship that last a lifetime. VOLUNTEER HOST FAMILIES Fresh Air Fund volunteer host families open their homes to inner -city children for one to two weeks or more in the summertime. Each Friendly Town community is supervised by a committee of volunteer leaders. Committee members select host families after reviewing their applications, visiting them in their homes and checking their personal references. There are no financial requirements for hosting a Fresh Air child. The majority of hosts simply want to share their homes with inner -city youngsters. Host families are not paid. The Fresh Air Fund has a program for placing children who have special physical or emotional needs. FRESH AIR FUND CAMPING PROGRAM 3,000 New York City youngsters, ages eight to 15, attend five Fresh Air camps on a 2,300 -acre site in Fishkill, New York. Camp Hidden Valley is for boys and girls with and without special needs, eight to 12 years old; Camp Tommy is for 12- to 15- year -old boys; Camp Hayden -Marks Memorial is for nine- to 12- year -old boys; Camp Mariah is a coed camp for 12- to 14- year -old career campers; and Camp Anita Bliss Coler is for girls, nine to 15 years old. For 13- to 15- year -olds at Camp ABC, The Fresh Air Fund has established the Precious Center for Teen Leadership intended to give young women a safe, nurturing environment to focus on their futures. Additionally, many young people participate in year -round weekend camping experiences. Special features shared by all camps include a planetarium, model farm, wilderness trail and ropes course. Camp Tommy is named in honor of designer Tommy Hilfiger for his dedication and support of Fresh Air children. CAREER AWARENESS PROGRAM The Fresh Air Fund's innovative Career Awareness Program is designed to help New York City youngsters understand the relationship between school and work and how to make choices that will determine their futures. In New York City, 7th- to 9th - graders participate in job shadowings that offer close -up views of business, receive after - school tutoring with volunteer tutors, and attend a career fair. The year -round program includes weekend camping trips and an intensive three - and -a -half week summer session at the Career Awareness Camp — Camp Mariah, named in honor of Board member /singer Mariah Carey for her dedication, support and commitment to Fresh Air youngsters. After 9th grade, participants continue to receive support through College Connections and benefit from the guidance of volunteer mentors. FRESH AIR FUND HISTORY In 1877, the Reverend Willard Parsons, minister of a small rural parish in Sherman, Pennsylvania, asked members of his congregation to provide country vacations as volunteer host families for children from New York City tenements. This was the beginning of The Fresh Air Fund tradition. By 1884, Reverend Parsons was writing about The Fund for New York's Herald Tribune, and the number of children served grew. In 2011, close to 9,000 New York City children experienced the joys of summertime in Friendly Towns and at five Fresh Air Fund camps in upstate New York. FRESH AIR FUND CONTRIBUTIONS The Fresh Air Fund is a not - for - profit agency, depending primarily on support from private contributions. It costs The Fresh Air Fund $917.00 for a visit with a volunteer host family and $1,655.00 to send a child to Fresh Air camp. Over 75% of The Fund's contributions come from individual donors. Tax - deductible contributions may be sent to The Fresh Air Fund, 633 Third Avenue, 14th Floor, New York, NY 10017. Families who wish to be hosts, or parents who would like to sign up their children, may call The Fresh Air Fund at (800) 367 -0003 or visit www.freshair.org. NEW YORK CITY VOLUNTEERS The Fresh Air Fund has an active group of New York City volunteers. Metropolitan area volunteers help reach out to New York City parents and children, support Camping, Career Awareness and Volunteer Host Family programs and seek in -kind donations. To volunteer, call (212) 897 -8900 or visit www.freshair.org. SPOKESPERSON FOR THE FRESH AIR FUND Jenny Morgenthau, Executive Director (212) 897 -8898 PUBLICITY CONTACTS Jake Grinsted, Director of Public Relations (212) 897 -8890 Andrea Kotuk, Andrea & Associates (212) 353 -9585 The Fresh Air Fund • 633 Third Avenue, 14th Floor, New York, NY 10017 • (800) 367 -0003 www.freshair.org PROCLAMATION WHEREAS The Fresh Air Fund provides free summer experiences in the country to more than 9,000 New York City children each summer, and WHEREAS The Fresh Air Fund allows city children to visit the homes of volunteer host families in 13 states from Virginia to Maine to Canada, and WHEREAS Niagara Falls families have been participating in The Fresh Air Fund's Volunteer Host Family Program for over 130 years, and WHEREAS The Fresh Air Fund allows New York City children to enjoy Niagara Falls backyards, parks, and wide open spaces, and WHEREAS The Fresh Air Fund is celebrating its 137th summer, NOW, THEREFORE BE IT RESOLVED THAT I, James M. Diodati, Mayor of Niagara Falls, and Members of Council do hereby proclaim March 20, 2013 to be: "FRESH AIR FUND DAY" in Niagara Falls, in recognition of the valuable summertime experiences offered by The Fresh Air Fund. SldOd3b MW- 2013 -05 NiagaraJ1alics February 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2013 -05 Drinking Water System Summary Report RECOMMENDATION That this report be received for information. EXECUTIVE SrJMMARY In accordance vpith the Safe Drinking WaterAct, each municipal Council having jurisdiction over its water d'stribution system is required to receive and publish an Annual Summary Report prior to March 31 in each calendar year. This report provides technical data regarding the system's performance. Additionally, attached is the DWQMS Management Review which is to be provided to the system Owner annually. The Management Review evaluates the suitability, adequacy and effectiveness of the quality management system. This year's report confirms that the City is operating in accordance with all current legislation and is taking appropriate measures to guarantee the safety of the drinking water quality to all of its consumers. BACKGROUND Each year the Annual Summary report is presented to Council to illustrate the effectiveness and performance of the drinking water system. The attached Annual Summary report provides detailed quantitative and qualitative information regarding the performance of the drinking water :.ystem. Also attached is the DWQMS Management review. The purpose of the Management review is to evaluate quality management system on an annual basis. As previously reported to Council in reports MW- 2011 -30 and MW- 2012 -12, Section 19, of the Safe Drinking Water Act, 2002 came into force on December 31, 2012. Section 19, entitled Standard of Care, Municipal Drinking Water System states that the Owner and /or each person on behalf of the Municipality that oversees the operating authority or exercises decision making authority over the system must exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonable prudent person would be expected to exercise in a similar situation. Section 19, in its entirety has been attached for your reference. February 12, 2013 - 2 - MW- 2013 -05 ANALYSIS /RATIONALE Here are some of the noteworthy highlights of the respective reports; Annual Summary Report 88 microbiological samples /month. 2 adverse water quality results, resolved. 69 watermain breaks, up from 45 in 2011. DWQMS Management Review Compliance Rating of 89% Minor process modifications made to Standard Operating Procedures Need policy on private hydrant maintenance Internal audit identified minor clerical or documentation errors. LEGAL IMPLICATIONS In accordance with the Safe Drinking Water Act, the Annual Summary Report must be received by the drinking water system owner by a date of no later then March 31 of the following year. Failure to submit this would contravene the Safe Drinking Water Act. The drinking water quality management standard requires that the results of the Management Review be provided to the Owner on an annual basis. Failure to provide the results would initiate a non - conformance with the standard. CITY'S STRATEGIC COMMITMENT This report and the attached water distribution system annual summary report are consistent with Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. LIST OF ATTACHMENTS 1. City of Niagara Falls Water Distribution System Annual Summary Report 2. 2012 DWQMS Management Review 3. Section 19 Standard of Care, Municipal Drinking Water System Recommended by: J] Geoff Holmah, Director of Municipal Works Respectfully submitted: Ken Tod), Chief Administrative Officer James Sticca /Geoff Holman 7)2. Municipal Works '' Scanned G -210 -1 File: Niagararnlls City of Niagara Falls Water Distribution System Annual Summary Report Period: January 1, 2012 to December 31, 2012 Waterworks Number: 260002304 Created January 2013 Table of Contents Introduction 1 Waterworks Description 1 Compliance 2 Municipal Drinking Water Licensing Program 2 Safe Drinking Water Act 3 Niagara Falls Water Quality Test Results 4 Adverse Water Quality Incidents and Actions 4 Operational Activities 5 Flow Rates 6 Definitions 7 City of Niagara Falls Water Distribution Annual Summary Report Introduction In accordance with the Safe Drinking Water Act this report provides members of Niagara Falls Municipal Council, the legal Owners of the water distribution system with an annual summary report of actions that took place from January 1, 2012 to December 31, 2012. In accordance with the Act, this report must list any time the City failed to meet the conditions and requirements of the Acts, Regulations, Approvals, Drinking Water Works Permits, Municipal Drinking Water Licences and Orders issued by the Ministry of the Environment. For each requirement not met, the report must specify the duration of the failure and the measures taken to correct the failure. Additionally, the report must list the summary of the quantities and flows of the water supplied. Waterworks Description The City of Niagara Falls is a class 2 water distribution system, which receives all treated water from the Regional Municipality of Niagara via the Niagara Falls Water Treatment Plant. The raw water source is surface water supplied from the Niagara River, via the Welland River. The distribution system consists of approximately 500 km of watermain, 2,806 fire hydrants and 4,267 valves owned and operated by the City of Niagara Falls. Additionally, there is 45 km of watermain owned and operated by the Regional Municipality of Niagara. The size of watermains owned by the City of Niagara Falls range from 25 mm to 450 mm in size. Additional information regarding the Niagara Falls Water Treatment Plant can be found on the Regional Municipality of Niagara website. Website: http:/ /www.niagararegion.ca /home.aspx Niagaraaalls Water Distribution Summary Report 1 Compliance Municipal Drinking Water Licensing Program As part of a recommendation made by Justice 0' Connor during the Walkerton Inquiry, the Ministry of the Environment has introduced a new program, the Municipal Drinking Water Licensing Program. This program requires the Drinking Water System Owner (City of Niagara Falls) to obtain a licence to operate their drinking water system. There are four components to each licence; the Drinking Water Works Permit, Implementation of a Drinking Water Quality Management System, Accreditation of the Quality Management System and preparation of a Financial Plan. • Drinking Water Work Permit allows the Municipality to alter, add, replace, modify and extend the drinking water based on a series of predefined conditions. • Drinking Water Quality Management System (DWQMS) is a series of 21 elements that address all aspects of a water system. The overall goal of the DWQMS is continuous improvement with respect to planning, operating and reviewing the drinking water system. Through the creation of an operational plan the drinking water system Owner demonstrates the ability to operate a safe and effective drinking water system, while continuously monitoring performance and compliance via internal and external audits. • Accreditation of the Quality Management System is achieved through internal and external audits, the goal of these audits are to ensure that the Owner is following the processes and procedures laid out in the operational plan. The Ministry of the Environment has engaged in an agreement with the Canadian General Standards Board (CGSB) to act as the Quality Management System accreditation body. • Ontario Regulation 453/07, Safe Drinking Water Act requires that each Owner prepare a Financial Plan for the drinking water system. The City has retained a consultant to aid in the preparation of the Financial Plan. In 2012, the Ministry of the Environment terminated an agreement with the Canadian General Standards Boards, who was acting a third party auditor for the MOE. The MOE has since permitted Municipalities to select one of two approved auditors; NSF International or QMI SAI Global. Niagara Falls has selected NSF International as its third party auditor. A documentation audit is expected in 2013. NiagaraFalls Water Distribution Summary Report 2 Safe Drinking Water Act To remain compliant with the Safe Drinking Water Act, the City performs a minimum of 88 microbiological samples a month. Each of these samples is taken from a different location, providing a diverse profile of the water distribution system. Disinfection levels showing a free chlorine residual are also taken at the time of each sample; ensuring proper disinfection levels are maintained. The City takes additional free chlorine residuals throughout the week, again to ensure proper disinfection levels are maintained. The City also takes water samples testing for elevated levels of trihalomethanes (THM), a chlorine disinfection by- product. The City takes these water samples from areas where the formation of THM would most likely occur. The Ministry of the Environment has also provincially mandated a Community Lead Testing Program. The City has been granted permission, by the Ministry of the Environment to reduce the number of lead samples taken per sampling window due to the ratio of results that meet the Provincial Water Quality Objectives, compare to the samples that do not. The sample numbers have been reduced to 40 resident samples and 4 non - residential samples. This must be done once between December 15 and April 15 and again between June 15 and October 15, on an on going cycle. All of the aforementioned samples, in accordance with the Act must be taken by an individual with a Water Operators licence or a Water Quality Analyst licence. These licences are distributed by the Ontario Water Wastewater Certification Office, in accordance with Ontario Regulation 128/04, Safe Drinking Water Act. Samples are then taken to a Ministry of the Environment approved laboratory. Laboratories must meet quality standards determined by the Ministry of the Environment and are audited by the Canadian Association for Laboratories Accreditation. In the event an incident occurs where water samples do not meet Provincial water quality standards, this is deemed an Adverse Water Quality Incident (AWQI). This is detailed further in the chart following entitled Adverse Water Quality Incidents and Actions An Annual Drinking Water Report has been completed and is available free of charge to the public through the City website and at the Municipal Service Centre. Members of the public may also view water sample results at the Municipal Service Centre. On December 31, 2012 section 19 of the Safe Drinking Water Act, 2002. Section 19 entitled, Standard of Care came into force. This section requires the Owner of the Drinking Water System and each person with decision making authority to exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation and to act honestly, competently and with integrity with a view ensuring the protection and safety of the users of the drinking water system. Section 19 has been listed as an attachment to the accompanying Council Report. N iagaraFalls Water Distribution Summary Report 3 Niagara Falls Water Quality Test Results Adverse Water Quality Incidents and Actions Date Parameter MAC Number of Samples Range Comments Microbiological Analysis Escherichia Coli (E. Coli) CFU/ 100mL 0 1301 0 Indicates presence of fecal matter Total Coliforms CFU/ 100 mL 0 1301 0 —1 Indicates the possible presence of fecal contamination Heterotrophic Plate Count (HPC) CFU /mL N/A 1301 0 - >130 Indication of overall water _ quality Chemical Analysis Trihalomethanes mg/L 0.10 mg /L 4 0.0256 — 0.0444 Average of Samples taken quarterly Residential and Non- Residential Lead Plumbing mg/L 0.010 mg /L 172 <0.00002 — 0.0641 Lead services were used in construction prior to 1955. Distribution 0.010 mg/L 20 0.00006 — 0.0201 City does not have lead watermain Disinfection Free Chlorine Residual mg /L 0.05 to 4.0 mg/L 1556 0.05 - 1.12 Level of disinfectant Adverse Water Quality Incidents and Actions Date Location Parameter Result Actions Date of Resolution 2012/07/10 5125 Montrose Rd Tot. Coliform 1 CFU /100mL Flushed, resamples 2012/07/16 2012/09/10 Hydrant Drummond Rd Lead 0.0201 mg /L 0.0206 mg/L Followed direction of Health Unit 2012/09/19 In the event of an adverse water quality incident (AWQI), the City receives immediate notification from the laboratory. The City is then required as per Ministry of the Environment regulations to verbal notify the Regional Public Health Unit and the Ministry of the Environment Spills Action Centre. Additionally, the City has chosen to contact our local Ministry of the Environment Inspector to share this information. These individuals are then faxed the same information that was shared verbally. To ensure water safety, the City immediately sends a member of staff to flush the nearest fire hydrant, and take additional water samples at the source of the AWQI, as well as upstream and downstream of the AWQI. This occurs for two consecutive days at minimum until the City receives verbal notification from the laboratory that the water samples are all clear. NiagaraFalls Water Distribution Summary Report 4 In the above table, the column "Date of Resolution" indicates the date in which the City has received copies of the laboratory results and submits the "Notice of Resolution" to the Ministry of the Environment and Public Health Unit. It should be noted that an Adverse Water Quality Incident does not indicate that the drinking water is unsafe; rather it indicates that with respect to that specific sample, the Provincial water quality objective was exceeded. In the event a lead result exceeds the Provincial standard, this result does not indicate system wide lead levels; rather the sample is site specific. Possible sources of lead include; lead solder, leaded brass fixtures and lead service lines. Prior to 1955 it was common to use lead water service lines as opposed to copper due to the malleability of lead. Properties that have lead results that exceed the Provincial standard are given an information package on ways to best reduce lead in their drinking water. Operational Activities In 2012, the City of Niagara Falls experienced 69 water main breaks, up from 45 in the previous year. The increase in breaks has been attributed to a dry spell during the summer, causing the water table to drop and the pipe bedding to shift. With all watermain breaks, the City follows a standard operating procedure, detailing the steps taken to repair the water main, while ensure water quality. Following the water main break, microbiological samples are taken upstream and downstream of the break; ensuring the break was repaired in such a way that water quality levels were not affected. NiagaraFalls Water Distribution Summary Report 5 FIow Rates Iy Water FIow Rates (Mega Litres Month Quantity (ML) January 1520.882 February 1419.689 March 1555.780 April 1510.090 May 1848.285 June 1976.703 July 2204.537 August 1953.822 September 1520.690 October 1406.138 November 1250.014 December 1255.141 Total 19,421.771 Monthly Average 1,618.48 Daily Average 53.033 1 Mega Litre = 1,000,000 Litres Water Distribution Summary Report 6 NiagaraFaiis Definitions MAC - Maximum Acceptable Concentration This is a health - related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment. Revised January 2001. PIBS #4065e. Page 2). mg /L - milligrams per litre (parts per million) cfu/1 00 mL - Colony Forming Units per 100 millilitres of sample ug /I - micrograms per litre (parts per million) - Less than - Greater than Microbiological parameters (i.e. bacteria) - the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous waterborne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment). Total Coliform - the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and / or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment). Escherichia coli (E. coli) - a sub -group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indication of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment). Heterotrophic Plate Count (HPC) - an estimate of the number of background bacteria present in the distribution system. It is not an indicator of fecal contamination, but more a general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial re- growth in the distribution system. NiagaraFalls Water Distribution Summary Report 7 Trihalomethanes (THM's) - The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg /L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Lead - Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from plumbing in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. The MAC for lead levels is 0.010 mg /L. NiagaraFaHs Water Distribution Summary Report 8 • Municipal Works --- Scanned G -210 -1 File Niagaraplls DWQMS Management Review 2012 Table of Contents Introduction 1 1. Incidents of regulatory non - compliance 1 2. Incidents of adverse drinking -water tests 2 3. Deviations from critical control point limits and response actions 2 4. Efficacy of the risk assessment process 2 5. Internal and third -party audit reports 3 6. Results of emergency response testing 3 7. Operational performance 4 8. Raw water supply and drinking -water quality trends 4 9. Follow -up on action items from previous management reviews 4 10. Status of management action items identified between management reviews 4 11. Changes that could affect the Quality Management System 4 12. Consumer feedback (i.e., internal & external communications) 5 13. Resources needed to maintain the Quality Management System 5 14. Results of DWQMS Infrastructure Review 5 15. Operational Plan currency, content & updates 5 16. Staff suggestions 5 2012 DWQMS Management Review Introduction Element 18 of the Drinking Water Quality Management Standard states that a Management Review must be completed once every 12 months. This review is to be completed with the person(s) deemed Top Management in the Drinking Water System. The purpose of the Management Review is to document the actions and effectiveness of the Quality Management System. The outcome of the Management Review must be reported to the Owner of the Drinking Water System. The information reported to the Owner can be relayed at the same time as the Annual Drinking Water System Report, scheduled to be given to Council in February. 1. Incidents of regulatory non - compliance In August, the Ministry of the Environment completed an onsite inspection. Four incidents of regulatory non - compliance were indicated in the August 27, 2012 inspection report. The City received a compliance rating of 89 %. Below is an account of the findings, the text in red details the actions taken to rectify and prevent future none compliances. 1 - An after watermain break microbiological sample was not taken following a main break that took place in late October of last year. To rectify this, each non -union member of Environmental Services, as well as acting Supervisors is sent an email notification describing in brief the details of each reported water break or leak. This does result in receiving notifications of breaks or leaks that are found to be false; however this allows all Staff to have the same information ensuring nothing slips through the cracks. 2 - A contractor was used to repair a watermain break; no operator report was filled out. The documentation used when a contractor makes a repair has been altered to include information detailing free chlorine residual, thus ensuring proper disinfection. 3 - The Operator's report did not document if and how the main break repair was disinfected. A check box was added to our standard Operator's report satisfying the Inspector's requirement. DWQMS Management Review 2012 Page 1 of 5 4 - Tom Mussari was listed as an alternate drinking water system contact and he is no longer involved with the Drinking Water System. Documentation was sent to have Tom's name removed from the contact list. 2. Incidents of adverse drinking -water tests As of December 17, 2012 there have been 2 drinking water samples that resulted in an adverse test result. i) July 9, 2012 — Total Coliform of 1 ii) September 6, 2012 — Hydrant at Drummond Rd and Barker St, Lead In each case, Staff followed SOP "MW -ES -DWS- SOP - 012 -001 — Adverse Water Quality Incident Reporting ". Each incident was resolved by re- sampling. Following an investigation it was determined that the lead adverse was a result of using the same grease tools from an older hydrant that had leaded brass parts on a new hydrant. A copy of MW -ES -DWS- SOP - 012 -001 can be found in Appendix A of this document. 3. Deviations from critical control point limits and response actions There were no deviations from critical control points in this report period. 4. Efficiency of the risk assessment process The current Risk Assessment has gone through two annual reviews and in 2012 went through a full review to look at all risks to the drinking water system. Currently, there are no measures to protect the City against private fire hydrants. Procedures are available in the event of an adverse water quality incident stemming from the private hydrant. It has been suggested, that a private hydrant by -law be created outlining the responsibilities of maintaining the hydrant, to property owners, this item has carried forward from the previous Risk Assessment. Items in the Risk Assessment have been rescored based on the number of occurrences over the last 3 years. A copy of the 2012 Risk Assessment can be found in Appendix B of this report. DWQMS Management Review 2012 Page 2 of 5 5. Third -party and Internal audit reports Third Party Audit The Canadian General Standards Board is no longer the accreditation body appointed by the Ministry of the Environment. The MOE permitted Operating Authorities to choice one of two accreditation bodies, NSF International or QMI SAI Global. Staff chose NSF International as the accreditation body. NSF has not reviewed the QMS to date. Internal Audit An internal audit was completed by Waher and Associates Consulting on December 11, 2012. Eight non - conformities were found during the internal audit. - Five of these were clerical or documentation errors which are easily corrected. - One non - conformity identified the QMS Rep did not agree with the Auditor to include, as the requirement, a flow diagram of the water system. This was not flagged during external audits. However, adding a flow diagram will only strengthen the overall Operational Plan so it will be included. Two non - conformities had to do with date requirements and were done intentionally. The DWQMS requires specific things to be done once every 12 months, not once a year. Due to the time of the initial submission to the CGSB, the DWQMS "yearend" was the end of October, this did not line up properly with other internal "yearend" reviews. To align these, the internal audit was pushed back to early December and the management review followed. These non - conformances have already been corrected by completing the internal audit and management review. A copy of the draft internal audit report can be found in Appendix C of this report. 6. Results of emergency response testing On November 30 2012, Environmental Services Staff participated in an Emergency Response desktop training exercise. The scenario detailed a watermain break and during the repair the discharge pump stopped operating and a rainstorm caused the trench to fill just to the bottom of the watermain. After the watermain break microbiological sampling came back with an adverse result indicating total coliform and e.coli. The training exercise required the group to make a decision on how best to re- sample for the adverse water result due to the presences of e.coli. DWQMS Management Review 2012 Page 3 of 5 Four options were given, depending on the option chosen, a different path would be taken, each with its own set of associated issues. The exercise was loosely based on an incident in Grimsby from a few years ago, it was interesting listening to the discussions on what actions to take and why. Overall, it appeared that Environmental Services Supervisory staff learned from the training exercise. A copy of the exercise and associated information can be found in Appendix D of this report. 7. Operational performance In addition to the continual maintenance activities of hydrant inspection and valve operation, Environmental Service as of December 17, 2012 has responded to 66 up from 45 in all of 2011. Staff feels the drought over the summer caused the water table to drop, thus impacting the pipe bedding causing an increase in watermain breakage over the summer months. 8. Raw water supply and drinking -water quality trends The Region of Niagara is responsible for all sampling and testing of raw water. Through the hydrant maintenance program, Staff has found areas of the drinking water system where weekly or bi- weekly flushing can improve water quality. These areas are tracked via a flushing report form, this practice has continued through into 2012. Source water temperature changes in late Spring and Fall result in resident inquires about chlorine levels. The majority of these calls originate from the south end of the City, the area closest to the water treatment plant. Weekly, chlorine residual results are received from the Region of Niagara. These results indicate no significant fluctuation in chlorine levels leaving the treatment plant. This remains unchanged in 2012. 9. Follow -up on action items from previous management reviews The 2011 Management review resulted in no action items. 10. Status of management action items identified between management reviews The 2011 Management review resulted in no action items. DWQMS Management Review 2012 Page 4 of 5 11. Changes that could affect the Quality Management System April 1, 2013 the MOE Drinking Water Branch will be taking over the wastewater division. There has been talk regarding the possible creation of a QMS for wastewater. Nothing formal has come from the MOE as of yet. 12. Consumer feedback (i.e., internal & external communications) No consumer feedback regarding the QMS was received. 13. Resources needed to maintain the Quality Management System In 2012, the QMS Representative hired a consultant to perform the internal auditing duties based on discussions from the 2011 internal audit. This audit came at a cost of $2,932.35. The QMS Rep feels the information gained from this audit was invaluable, and will likely contract this service again. 14. Results of DWQMS Infrastructure Review The DWQMS Infrastructure Review, is one of many inputs aiding in the decision making process when determining Capital Works. The QMS Rep and the Manager of Infrastructure & Assets will be working together in 2013 to document the current process, as this process has evolved significantly over the last 18 months. 15. Operational Plan currency, content & updates Changes to the Operational Plan and procedures will be made based on the suggestions from the Consultant who performed the internal audit. 16. Staff suggestions To date, no Staff suggestions have been made to improve the QMS. DWQMS Management Review 2012 Page 5 of 5 MW- 2013 -05 - Attachment #3 Standard of care, municipal drinking water system 19. (1) Each of the persons listed in subsection (2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision - making authority over the system. 2002, c. 32, s. 19 (2). Offence (3) Every person under a duty described in subsection (1) who fails to carry out that duty is guilty of an offence. 2002, c. 32, s. 19 (3). Same (4) A person may be convicted of an offence under this section in respect of a municipal drinking water system whether or not the owner of the system is prosecuted or convicted. 2002, c. 32, s. 19 (4). Reliance on experts (5) A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report. 2002, c. 32, s. 19 (5). NiagaraJays REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PBD- 2013 -15 February 12, 2013 SUBJECT: PBD- 2013 -15 PLC - 2013 -001, Request for Removal of Part Lot Control Lots 100, 101, 102 and 103, Plan 59M -379 5831 -5863 Osprey Avenue Applicant: Mountainview Homes RECOMMENDATION 1. 2. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 100, 101, 102 and 103 on Registered Plan 59M -379, as exempt from Part Lot Control for a period of two years; That the developer provided easements to the City for a storm sewer over Parts 2, 4, 6, 8 ,10, & 12 as they relate to the new lots and be required to notify the City when the new deeds for the lots have been registered; and 3. That the City reimburse the developer of the subdivision (800460 Ontario Limited - Fred Costabile) $5897.00 for the over - payment of development charges resulting from the reduction of the number of lots in the subdivision. EXECUTIVE SUMMARY Mountainview Homes has requested a by -law be passed to exempt the land from being subject to Part Lot Control to allow the reconfiguration of four lots into a total of three Tots for one family detached dwellings. The request can be supported based on the following: the use of this Planning Act mechanism is an acceptable alternative to lot additions and consents (through the Committee of Adjustment) because the Tots are located within a registered subdivision and services are already present; • the by -law will permit deeds to be created for the new lots and permit them to be sold; and the zoning permits the size of the proposed lots. A stormsewer easement exists across the back of the subject lots. A new easement will have to be provided to the City over Parts 2, 4, 6, 8, 10 &12 as they relate to the new lots. Development charges for one lot should be returned to the developer. February 12, 2013 - 2 - PBD- 2013 -15 BACKGROUND Proposal Mountainview Homes has submitted a request to have Part Lot Control removed from their lands (5831 -5863 Osprey Avenue) located on the west side of Osprey Avenue, west of Garner Road and north of Lundy's Lane. The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to lots and blocks within registered plans of subdivision. In this case the removal of Part Lot Control is requested to allow the reconfiguration of the four lots into a total of three new lots for single family dwellings. Refer to Schedule 2 for further detail. ANALYSIS /RATIONALE The lots are located within the Fernwood Phase 2 Plan of Subdivision (59M -379) which was registered in 2010. The subdivision contains a mix of single- detached dwellings and on- street townhouses. Service laterals (water and sanitary sewers) were established during the servicing of the subdivision based on four lots. The applicant has taken the location of service laterals into consideration for establishing the new lot boundaries. The applicant will be required to identify which extra laterals will be capped as part of the Building Permit application process. The lots are zoned Residential Mixed (R3 -829) by Zoning By -law No. 79 -200, as amended by By -law No. 2008 -99. The proposed lots comply with the zoning regulations. The loss of one lot in the subdivision is not viewed as a significant reduction in density. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by -law is requested so that the existing lot lines can be reconfigured to a total of three Tots instead of four. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. The developer should be required to notify the City when the new deeds have been created to assist in addressing and record keeping. FINANCIAL IMPLICATIONS The development charges for the subdivision are calculated based on the number of lots and blocks in the plan at the time of registration. The developer of the subdivision (800460 Ontario Limited - Fred Costabile) was required to pay $5897.00 per lot at the time of signing the subdivision agreement. Reducing the total number of lots in the subdivision by one will require the City to reimburse the developer $5897.00. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. February 12, 2013 LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Proposed Lots Recommended by: - 3 - PBD- 2013 -15 Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted:" vit—r—w�- Ken odd, Chief Administrative Officer D. Deluce:mb Attach. S: \PDR\2013 \PBD- 2013 -15, PLC - 2013 -001, Lots 100 to 103 (inclusive), Plan 59M- 379.wpd February 12, 2013 - 4 - SCHEDULE 1 PBD- 2013 -15 February 12, 2013 - 5 - SCHEDULE 2 PBD-2013-15 LOT 104 84205-0544 :3 'OWE 34,300 ,...._ •• t I 31300 PART fl ii-- LOT 103 - r ,.,..4. 64210-0540(1.11 / 1100.4e00.E. if 31.am 34.000— — _.-, ..CT _NE O PARr 9 1 * / 31.0c0 P104,,V00-E ° p ART 7 i----- LOT 102 i s.t.N. 64.268-0530(0) 1 t 31.6100 IS. - natr.4'00"E i yr usE 34.0co ig, PART 5 j—LOT 101 *AA 84203-05.300.r, " 00 00°E 3,.000 welf.4 it 3/-1 --- zi PART 3 1 LOT ,,INE ft ...- r ,..-. 31.000 Pair4WCWE 3..000 i - PARr 1 ---. L 0 `.. 100 1 P.m. 642ets-aa7rt 3i.000 ---q -... neer44wE 34,oca — T LOT 99 842110-0536 a '.= ■ _ 1 — t4 I i i iri! 21 41 t il f, :1.11 4 Niagara& s REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PBD- 2013 -16 February 12, 2013 SUBJECT: PBD- 2013 -16 Commercial Building & Facade Improvement Application CB &FIG - 2013 -001, Geny Heywood 4695 Queen Street RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4695 Queen Street, subject to the owner satisfying the program requirements including obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: the proposed facade work complies with the City's grant program with the exception of another new sign on the property; the funding will assist in improving the appearance of the building in the Downtown; the funds are available in the Special Purpose Reserve of the Downtown CIP. funding for the City's portion of the grant is available in the Special Purpose Reserve of the Downtown CIP. The approximate unencumbered balance remaining after funding both grants recommended this evening will be $429,775. BACKGROUND The subject property is located at 4695 Queen Street. The building was occupied by a wedding museum. The building has been vacant for some time. The new owner plans to establish an arts and crafts exhibit. Artists will be allowed to prepare their art on site and sell to the visiting public. The request for a grant under the Facade Improvement Program is to improve the appearance of the building by applying a new stucco finish, a new window and signage. The previous owner received a facade grant in the amount of $2,700 for signage and painting of the building. Staff is of the opinion that the intent of the Facade program is not to cover costs of new signage when the previous owner has already received a grant for that purpose. Therefore, it is recommended that the facade grant be supported less the cost of the new sign. The cost to stucco the front of the building and replace the front window is $4,700. The applicant is eligible for a grant of $2,350. The grant is funded equally by the City ($1,175) and the Region ($1,175). For the current application, the owner will be required to enter into an agreement with the City and satisfy all the requirements of the incentive program. February 12, 2013 - 2 - PBD- 2013 -16 FINANCIAL IMPLICATIONS The funding of the grants in this application will come from the Downtown CIP Special Reserves. This reserve has been established to provide funding for the City's expenses related to non interest loans, and for qualified grants. The balance remaining as at February 11, 2013 prior to consideration of reports PBD- 2013 -16 and PBD- 2013 -17 is $443,000. There is sufficient funds available for the grants considered this evening. The successful approval of the recommended grants will result in an unemcumbered balance of $429,775 moving forward. Downtown CIP Special Purpose Reserve Continuation Schedule Approximate balance unencumbered as at February 11, 2013 $443,000 Less: PBD- 2013 -16 Grant (4695 Queen St.) (1,175) PBD- 2013 -17 Grant (4776 Bridge St.) (12,050) Balance Remaining $429,775 CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property ► Appendix 2 - Plan showing Facade Renovation Recommended by: Respectfully submitted: B.Bolibruck Attach. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -16 Geny Heywood 4695 Queen Street.wpd February 12, 2013 - 3 - APPENDIX 1 PBD- 2013 -16 February 12, 2013 - 4 - APPENDIX 2 PBD- 2013 -16 z O vi LL 1 CU al MS z - al Y cc a) c o O 0+� w V Q- t. @} < 0 w o -- • -� I- - ✓ E w 0 (A w Q 0 0 o Un w o� ko z • M V • 0 Z � o Q N - cc c 0 LL- CO J Cn U-1 L O N Q t ( -0 4 M Qcp rn ¢ w rn= o VI 0 C1--C ul D � 3 D Niagara& s (. l 1 f REPORT TO: SUBMITTED BY: SUBJECT: PBD- 2013 -17 February 12, 2013 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PBD- 2013 -17 Commercial Building & Facade Improvement Application CB &FIG- 2013 -002, James and Yvonne Price 4776 Bridge Street RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4776 Bridge Street, subject to the owner satisfying the program requirements including obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: • • the proposed facade and commercial building work complies with the City's grant program; the funding will assist in improving the appearance and structural component of the building in the Downtown; and funding for the City's portion of the grant is available in the Special Purpose Reserve of the Downtown CIP. The approximate unencumbered balance remaining after funding both grants recommended this evening will be $429,775. BACKGROUND The subject property is located at 4776 Bridge Street. The property is triangular in shape and contains a two storey building that had been used as a hair salon and bar. The building also contained a one bedroom apartment. The applicant's will be renovating the building to create a fitness studio, cafe and apartment. They are requesting a facade grant to carry out masonry improvements and painting of the building. There will be new windows and shutters installed along with new signage. The facade improvements are estimated to cost approximately $15,400. The applicant is eligible to receive 50% of this amount or $7,700. The Region will reimburse the City one half of this amount or $3,850. The applicants are also requesting a grant under the Commercial Building Program for a new HVAC system, flooring, plumbing and electrical work. These improvements will cost approximately $16,400. The applicant is eligible to receive 50% of this amount or $8,200. The total grant will be $15,900. The City is funding $12,050 while the Region will fund $3,850. For this application, the owners will be required to enter into an agreement with the City and satisfy all the requirements of the incentive program including necessary permits for February 12, 2013 - 2 - PBD- 2013 -17 plumbing and electrical work. FINANCIAL IMPLICATIONS The funding of the grants in this application will come from the Downtown CIP Special Reserves. This reserve has been established to provide funding for the City's expenses related to non interest loans, and for qualified grants. The balance remaining as at February 11, 2013 is $443,000 prior to consideration of reports PBD- 2013 -16 and PBD - 2013-17. There is sufficient funds available for the grants considered this evening. The successful approval of the recommended grants will result in an unemcumbered balance of $429,775 moving forward. Downtown CIP Special Purpose Reserve Continuation Schedule Approximate balance unencumbered as at February 11, 2013 $443,000 Less: PBD- 2013 -16 Grant (4695 Queen St.) (1,175) PBD- 2013 -17 Grant (4776 Bridge St.) (12,050) Balance Remaining $429,775 CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property ► Appendix 2 - Plan showing Facade Renovation Recommended by: Respectfully submitted: B.Bolibruck Attach. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -17, CB &FIG- 2013 -002, James & Yvonne Prce.wpd February 12, 2013 - 3 - APPENDIX 1 PBD-2013-17 .1110.111110.11,1"Ailartl, 1...t•O....• 11111111111141111111.1 alli=n77(103 al I February 12, 2013 - 4 - APPENDIX 2 PBD- 2013 -17 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2013 -03 2013 Niagara Falls Canada Day Location R &C- 2013 -03 February 12, 2013 RECOMMENDATION That Council approve Downtown Niagara Falls as the location for the 2013 Niagara Falls Canada Day Celebration. EXECUTIVE SUMMARY The mandate of the Niagara Falls Canada Day Planning Team is to facilitate a community wide event that promotes maximum community involvement, instills civic and national pride on Canada Day for the citizens and visitors of Niagara Falls. The Niagara Falls Canada Day Celebration has been held at the Optimist Youth Park for the past 30 years. The Optimist property has been sold and the City will no longer be able to host the City's Canada Day Celebration at this location. The top three recommended locations for the 2013 Niagara Falls Canada Day Celebration are as follows: 1. Downtown Niagara Falls 2. Niagara Square & MacBain Community Centre 3. Historic Drummondville (Main & Ferry) BACKGROUND The City of Niagara Falls, Recreation & Culture Department is committed to provide optimum leisure services which enhance the quality of life, health and well -being of our people, our communities, our environment and our economy. Recreation & Culture staff works with the Canada Day Planning Team to create the Niagara Falls Canada Day Celebration. The City's Canada Day Celebration is an opportunity to celebrate life in Niagara Falls and provide an inclusive, fun and free event for the residents and visitors of our City, in order to celebrate civic and national pride on Canada Day. In 1982, the City's Civic Committee provided an official activity program for the community. The activity program promoted events running throughout the City from June through early February 12, 2013 - 2 - R&C- 2013 -03 July. In 1983, the Liberal Association together with the City of Niagara Falls, held the first Canada Day celebration at Optimist Youth Park. This tradition has continued for the past 30 years. Due to the recent sale of the property, Optimist Youth Park is no longer available and a new location is being sought. ANALYSIS /RATIONALE In 2012, City Staff held a Canada Day Planning Forum and created Canada Day Surveys to gather feedback from the community. (Attachments #1 and 2) The Canada Day Planning Forum was held on Tuesday, September 11, 2012 at the MacBain Community Centre. More than 300 invitations were sent to community groups from across the City together with the Canada Day Surveys. The Surveys were also available for the public on the City website and paper copies of the Survey were available on July 1, 2012, at Optimist Youth Park. Results of the Canada Day Planning Forum Forty people from various committees and organizations across the City attended the Canada Day Planning Forum. The attendees were divided into six groups and reviewed three main questions before selecting a location for the Canada Day Celebration. 1. Why do we have a Niagara Falls Canada Day Celebration? • We are happy and proud to be Canadian; • To celebrate our heritage; • To provide a sense of community; 2. Who is the Niagara Falls Canada Celebration for? • Everyone of all ages; • Tourists who want to go where the locals go; 3. What should the Niagara Falls Canada Day Celebration look like? • Parade with bands; • Multi- cultural representation; • Begin later in the day, not morning; • Fireworks to symphony & rock; • Multiple locations; • Block party feel; The Final Question regarding best location was addressed after the above questions were reviewed. The top locations were as follows: 1. Niagara Square & MacBain Community Centre; 2. Gale Centre (Parade along Stanley Ave. & Bridge St.); 3. Historic Drummondville (Main & Ferry area); 4. Downtown Niagara Falls (Parade same route as Santa Parade); 5. Patrick Cummings Memorial Sports Complex & Chippawa Arena. February 12, 2013 - 3 - R &C- 2013 -03 Survey Results . In total, more than 200 surveys were submitted. Majority of respondents were female (69 %). Majority of respondents (77 %) were over 31 years of age. (33 % between 31 -50 yrs & 44% over 51 yrs). Preferred Activities: Parade (23 %) Stages with Live Entertainment (22 %) Community Group Displays (17 %) Carnival (15 %) Preferred Parade Locations: Morrison Street (50 %) • Downtown Niagara Falls (31%) • Main Street (11`)/0) Preferred Event location: • Oakes Park (36 %) • Fireman's Park (18 %) • Gale Centre (13 %) • Downtown Niagara Falls (10 %) Staff Comments and Recommendations A meeting with Traffic staff took place to discuss both suggested and other possible Parade routes and Celebration locations. Recreation staff shared the recommended routes and locations with the following City Departments and asked for feedback: Business Development, Engineering, Fire Department, Niagara Transit, Parks, Parking and Traffic. The chart below highlights Staff comments. Location Options Comments Downtown Easiest to implement, Established Santa Parade route, Existing location for Downtown events; Preferred location by Transit, least impact on transit services; Supports the City's efforts to enhance the Queen Street area; No impact on parking, route pre- designed; Traffic recommends this option Business Development recommends this option February 12, 2013 -4- R&C- 2013 -03 Location Options con't Comments con't Niagara Square Event could be contained on Niagara Square property; No impact on City Parking; Plenty parking available; Major transit hub, Not recommended by Transit; Construction planned for McLeod Rd., from Pin Oak to Kalar Rd. Awaiting timelines from Region; No impact on Boys & Girls Club - not open on July 1 Historic Drummondville Nice to showcase this area for businesses; Funeral Homes impacted - open on July 1, however, owners not opposed to location; Major transit hub, not recommended by Transit; Limited Parking in area; Market parking lot needs repairs and construction in this area to be completed Fireman's Park Too isolated; No transit to /from site; Would create financial burden to create a shuttle; No fronting businesses to benefit from extra pedestrian traffic; Could be issues with garbage blowing on homeowners property; City crews will not go onto private property to clean up; Predominantly residential area; Not recommended by Traffic Other Options such as: Gale Centre, Oakes Park, Ker Park, Patrick Cummings Memorial Sports Complex, Scotiabank Convention Centre, Queen Victoria Park Not suitable due to a number of issues such as: traffic flow, emergency access, parking, distance, premier fields at Oakes Park. Recreation Committee The Recreation Committee made a motion to support Staff's recommendation that the Canada Day Event be held in the downtown area at their January 15, 2013 meeting. Canada Day Planning Team The Canada Day Planning Team is in support of the downtown area for the 2013 Canada Day Celebration location. The Canada Day Planning Team and City Staff will conduct a post event review after this year's Canada Day Celebration and make recommendations for the 2014 Canada Day Parade and Celebration site. February 12, 2013 - 5 - R &C- 2013 -03 FINANCIAL /STAFFING /LEGAL IMPLICATIONS Staff will work with the 2013 budget to create the Niagara Falls Canada Day Parade and Celebration. The total cost to the City is $16,000, as $10,000 is fundraised toward the event. The cost will be included in the Recreation & Culture 2013 budget. CITY'S STRATEGIC COMMITMENT As per the City's strategic commitment, the City is committed to enhancing the quality of life of, and service to, its customers. Staff will continue to plan and host a free, fun, safe and inclusive Canada Day Celebration for our residents and visitors, in order to celebrate our civic and national pride. Additionally, Staff will continue to evaluate and implement cost effective strategies for this event. LIST OF ATTACHMENTS 1. Canada Day Planning Forum Results 2. Canada Day Survey Results 3. Event Location Maps Recommended by: Kathy Moldenhauer, Acting Director of Recreation & Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Attachment 1 Niagararalls 2013 Niagara Falls Canada Day Planning Forum Tuesday, September 11, 2012 9:00 a.m. -12 noon MacBain Community Centre 7150 Montrose Road, Niagara Falls 2013 Canada Day Planning Forum Tuesday, September 11, 2012 at the MacBain Community Centre Purpose The purpose of the Canada Day Forum was to help staff to determine a new location for the City of Niagara Falls Canada Day Celebration. This was also an opportunity to discuss changes for the event. Members of the Canada Day Planning Team hosted the Forum, along with a few community volunteers. The results of the Forum will be forwarded to the Mayor and City Council and the Recreation & Culture office. Background The Niagara Falls Canada Day Celebration has been held at the Optimist Youth Park for the past 30 years. The Optimist property has been sold and the City will no longer be able to host the City's Canada Day Celebration at this location. Invitations to the Forum Invitations to the Canada Day Planning Forum were mailed to the entire City community mailing list. This list includes all the non - profit organizations in the City of Niagara Falls along with the Mayor, City Council Members and appointed Committee members from the Arts & Culture Committee, The Park in the City Committee, the Recreation Committee, Niagara Falls Museums, the Mayor's Youth Advisory Committee and the Mayor's Disability Advisory Committee. Also included were organizations that have participated in the Niagara Falls Canada Day Celebrations. In total, more than three hundred (300) invitations were sent out by mail and email. Invitees were sent an official Invitation and an Information Sheet. 2013 Canada Day Planning Forum In total, forty (40) people from various committees and organizations across the City attended the Forum. The participants were divided into six discussion groups. (Appendix I) Participants arrived by 9:00 a.m and were welcomed by Lori Albanese, Community Development Coordinator and Carol Stewart- Kirkby, Executive Director of the United Way of Niagara Falls and Greater Fort Erie led an Ice Breaker activity. City Council greetings were provided by Councillors Carolynn loannoni and Joyce Morocco. The Purpose of the Forum and explanation of the Agenda was outlined by Lori Albanese. Lorna Anstruther, a Canada Day Planning Team member defined brainstorming. Three important questions were reviewed by each table before determining the best location for the City's Canada Day Celebration: Questions: 1. Why do we have a Niagara Falls Canada Day Celebration? (5 minute brainstorm) 2. Who is the Niagara Falls Canada Day Celebration for (5 minute brainstorm) 3. What should the Niagara Falls Canada Day Celebration look like (20 minute brainstorm) -2- A volunteer facilitator assisted at each table. Each group brainstormed and facilitators recorded the responses. All ideas were welcome. After thirty minutes, each table reported their responses and the responses were recorded on flip charts at the front of the room. Consensus In order to achieve general agreement with everyone in attendance, consensus was achieved by allowing each individual the opportunity to select their favourite responses from all the responses that were provided during the brainstorming sessions. Each attendee was provided with five stickers and were asked to place one sticker on their favourite choice for answers to questions one and two and were allowed three stickers for question number three. The following highlight the most popular answers provided: 1. Why do we have a Canada Day Celebration? (Number of stickers placed on answer) • Happy & Proud to be Canadian (13) • Celebrate Heritage (12) • Sense of Community (4) • Citizens celebrate b -day (3) • Local reunion (3) Recognize Special Canadians from our community (1) Celebrate our Culture (1) Welcome /New Canadians (1) 2. WHO is the Canada Day Celebration for? (Number of stickers) • Everyone (All Ages) (33) • Everyone living in Canada (1) • Tourists who what to go where locals go (1) 3. WHAT should the Celebration look like? (Number of stickers) • Parade with lots of Bands (13) • Multi- cultural representation (11) • Later in the day - Not morning (9) • Fireworks to symphony & rock (9) • Multiple Locations (7) • Block Party feel (7) Final Question and Brainstorming Activity The answers to the three questions were reviewed and recapped by Carol Stewart- Kirkby. Attendees were then asked to take twenty minutes to answer the fourth and final question, Where should the future Niagara Falls Canada Day Celebrations be held ?" and when answering the question, to consider the summary of answers to questions 1, 2 and 3. After twenty minutes of brainstorming possible Canada Day locations in our City, each group provided their responses and the responses were recorded on flip charts. -3- Location Consensus In order to achieve consensus or general agreement with everyone in attendance, each person had the opportunity to select their favourite location from all the responses that were provided during the brainstorming session. Each attendee was provided with one sticker to be placed on their favourite location for the future City's Canada Day Celebrations. The following highlights the top suggestions selected: 4. WHERE should the 2013 Canada Day Celebration be held? (Number of stickers) • Niagara Square & MacBain Community Centre (15) • Gale Centre (Parade along Stanley Avenue & Bridge Street) (7) • Historic Drummondville (Parade along Main & Ferry) (4) • Parade - Queen Street & Event Downtown and at City Hall (3) • Chippawa Arena & Patrick Cummings Sports Complex (3) • Westlane Secondary School (Parade along Lundy's Lane) (3) • Oakes Park (2) • St. Paul's High School - Firemen's Park (1) Wrap Up and Thank You The top locations selected were reviewed and recapped by Carol Stewart- Kirkby. Lori Albanese thanked everyone for attending and advised that the results of the Canada Day Planning Forum would be compiled into a summary and emailed to each participant. Additionally, she advised that all Forum results will be reviewed by Staff and compiled into a report for Senior Staff and Council approval. Forum Evaluations were completed and handed in. Canada Da - Facilitator 6 peope per table 1 Fat=btator and 5 guess Table # Facilitator Last Name First Name • — Organization Email 1 1 Adewumi Ayodele Niagara Falls Museums aadewurn.gr:agarafaks ca 2 Albanese Lori City Staff Liaison lalbaneseAniaparafalls ca 3 2 Allan Gina NRPS - Niagara Regional Police Service 1852(5nrps on.ca 4 1 Anstruther Lorna Canada Day Committee lanstruther@cooeco.ca 5 3 Cam lin Jennifer Niagara Handweavers & Spinners fenvockcoffee(pnotmail corn 6 4 Caruso Anna Niagara Falls Review anna carusoAsunmedia.ca bobemcnambers@becon oro riagarafailsconcert.OandAornalcorq h fair@cooeco ca 7 4 Chambers Emma Willoughby Historical Society 8 5 Cowlishaw Carol Niagara Falls Concert Band 9 1 Fair Hilda Mayor's Disability Committee 10 2 Felstead Evelyn GNBA - Greater Niagara Baseball Association 11 2 Garcia Gloria Niagara Folk Arts Multi-Cultural Centre qqarcopyo!k-arts ca 12 3 Hendry Lynda Block Parent tihendry@coqeco ca 13 4 Henry Marie Willoughby Historical Society 905-295-2264 14 2 Howe Bill Canada Day Committee wmihoweAexcipe.com cioanrcrigmagaratals ca -naridonpcoqeco ca lanvarypoolcogeco ca iorryoup,holmail corn 905-358-6029 15 5 oannoni Carolynn Don City Council Niagara Falls Museums Advisory Board 16 1 Jackson 17 3 Janvary-Pool Paisley Canada Day Committee 18 6 Jenkins Mary Lou GNBA - Greater Niagara Baseball Association 19 1 Johnson Don Canada Day Parade Participant 20 2 Kuntos Nem Downtown BIA blaiAniaclarafallsdowntown corn 21 4 Lioce Evelyn Canada Day Volunteer evelyn.lioceAhotrnaitca niasamp-elsaa@becon orq rmascarin25cogeco.ca g.r ma sur Acoge co ca 22 3 Mackey Doreen N. Amputee Assoc. 23 5 Mascarin Patricia Greg Canada Day Committee Canada Day Committee 24 4 Masur 25 6 McFarlane Jackie Canada Day Volunteer City Council jackiewynnleCalyahoo.ca imoroccoAnaciarafails ca pprimeau4Acooeco ca tandiAmergetel com 26 6 Morocco Joyce 27 4 Primeau Laurie Canada Day Volunteer 28 4 Roberts Tony Niagara Scouting Museum 29 5 Roberts Ivy Niagara Scouting Museum tandiAmergetel corn trobertsongnocan corn olagamp-elaieAbecon cm crt4”eliATawafails ca 30 6 Robertson Tammy Niagara Square 31 1 Robins Elsie Niagara Amputee Assoc 32 2 Russell Chris Niagara Falls Transit 33 3 Scaringi Vito GNBA - Greater Niagara Baseball Associat on 34 3 Seymour Monika Niagara Falls Public Library mseymournflibrani ca developmentAprojectsnare ca 35 4 Sharp Pam Carol Project SHARE United Way 36 Stewart-Kirkby caroiskAvaxxine com 905-354-0307 37 Stokes Richard Community Volunteer 38 5 Wallace Don Niagara Falls Lions Club 905-324-4981 39 2 Winston Auld Prehistoric Old Timers & Riverhawks 'C Hockey Clut winston puiclAcogeco.ca 40 3 Wood Sarah Niagara Parks swoodpniagaraparks corn Facilitator 6 peope per table 1 Fat=btator and 5 guess Attachment 2 2012 TOTAL ALL Canada Day Surveys - for 2013 suggestions /recommendations # Question 1 What type of Celebration would you recommend? Answers nline (Others Total Parade 98 48 14 15 W 10 182 176 130 127 23% Sta es with Live Entertainment g 90 47 lirtalIllaillIll1.1 41 22% 17% 15% Community Group Displays 71 62 Carnival Car Show 55 27 1 9 92 13% Giant Inflatable Bouncers 39 25 10 7 81 9% Other 3 19 12 0 34 1% 1812 Re- enactment 0 0 0 0 0 0 0% 9 0 0 0 18% Other Total 418 238 100 66 822 100% Other types of Celebrations not listed: vendors - 2 Food - 3 Craft Show Dog Shows, demos 2 If you recommend a Parade, where should we have the Parade? Jul Online (B4 Online skydivers Historical Displays, local talent, car show: Others Total Along Morrison St. 57 21 9 7 94 50% Downtown 35 15 10 1 61 31% Main Street 12 6 4 1 Queen Victoria Park 11% Other 10 18 4 0 32 9% Total Responses 114 60 27 9 210 100% Other suggested Parade locations: Not a tourist Area 1 Fallsview District, Clifton Hill, Somewhere there is free parking 1 Niagara Square Mountain Rd along the falls 4 Gale Centre Stamford Green Dorchester 6 Niagara Pkwy - 4 Dorchester Rd to Fireman's Park - 2 Sinnick & Thorold Stone !stanley 2 Fireman's Park Begin at City Hail and end at Gale Centre Need Park at end of Parade 1 Oakes Park Chippewa Lundy's Lane - 1 3 Where should we hold the Niagara Falls Canada Day Celebration? 1 -Jul Online 1134 Online Others Total Downtown 12 12 9 2 35 10% Gale Centre 16 2 11 5 2 25 72 13% Oakes Park 45 9 7 36% Queen Victoria Park 15 5 7 27 12% Patrick Cummings 0 0 2 1 3 0% Niagara Square 9 2 2 13 7% Fireman's Park 22 9 1 6 38 18% Other 5 10 7 22 4% Total Responses 124 51 42 18 235 100% Other suggested locations for the Celebration: here is ok 3 Legion 479 (Spring St.) Close Falls 2 Oakes Park Optimist Park 3 Main Street Ker Park 1 Kingsbridge Park Somewhere there is Free Parking 1 Niagara Parkway Scotiabank Convention Centre 5 Stamford Centre 2 2 Gale Centre - 1 4 What time should the event be held on Jut 1? 1 -Jul 1 Online IB4 Online Others Tota! 10 am - 4 pm 81 31 10 7 129 66% 12 noon -5pm 32 9 10 3 54 26% 3pm -9pm 8 4 3 1 16 7% Other 1 7 1 0 9 1% Total Responses 122 51 23 11 207 100% Other suggested times: Bands at night 2 10 am - 6 pm - 3 Allow church goers to see the Parade 2 Parade in Day & Concert at Night 12:OOpm - 9:00pm 2 11 am - 7 pm Any time 1 noon - 10 pm 10 am- 2 pm (one hr parade) 1 11 am - 10 pm /11 pm - 2 5 Demographics 1-Jul l Online B4 Online Other Male 41 17 4 5 67 31% Female 91 34 19 10 154 69% Total Responses 132 51 23 15 221 100% Other Comments.Suggestions July 1 Comments: Online Other Comments: Seek 100% corporate funding, b/c City in debt $70 mil Take wrecking ball to downtown; quit wasting taxpayers 5 Gale Centre in dumbest location - takes 1 -2 hrs to leave due to traffic congestion Patrick Cummings Sports Complex - no idea where this is Fireman's Park - no place for traffic or parking S 1EventstCanada Day\20131TOTAL Canada Day Surveys completed - portrait.xls 1 -Jut Online 84 Online Others Total Under 13 years 8 1 0 0 9 6% 14 -18 years 5 0 17 0 22 4% 19 -30 years 16 6 2 0 24 12% 31 -50 years 43 27 3 8 81 33% Over 51 years 57 17 2 8 84 44% Total Responses 129 51 24 16 220 56% Other Comments.Suggestions July 1 Comments: Online Other Comments: Seek 100% corporate funding, b/c City in debt $70 mil Take wrecking ball to downtown; quit wasting taxpayers 5 Gale Centre in dumbest location - takes 1 -2 hrs to leave due to traffic congestion Patrick Cummings Sports Complex - no idea where this is Fireman's Park - no place for traffic or parking S 1EventstCanada Day\20131TOTAL Canada Day Surveys completed - portrait.xls Plenty of Room at Niagara Square Stick with tried and true - don't break it into events around City Queen Street like Springilicious with a Kids Carnival Make Memory Book (see comments) Revitalize downtown, utilize Victoria Ave., Make event accessible to tourists too Close Queen Street for Carnival and have run Parade along Victoria towards the Hill Dog Demos with agility races, weave pole races and info for pet owners Include more marching bands, sports gropus, more noise the better Honour Veterans and include Military Vehicles Don't choose Victoria Park as locals will not pay to park by thefalls Parade along Parkway to Dufferin Islands and use NPC People Mover Parking lot for celebration Waterslide for children Need more shade Fireworks Children's Games Live Music S :\Events\Canada Dayt2013\TOTAL Canada Day Surveys completed - portrait.xls Attachment 3 §• Q ea g g 0 a 00 I c a 2 g)o M- c Z 1 > w Q di 0 2 0.0 0 ' CT (I) 0 1- 0 111:4 t 4 41 * a 000/,1)1 4 jo <lc (1c-i/;itItil ti‘" :JN RC" • lic 003 . • • RAMP) Parade - McLeod z • ."•••••77-,,-' A ••••••••;•.......",•::,•••:! ••• • '•••• •.... 0 . • ... • • . • • .• • •••••••• ,••••••••••• • • • . • , ...••••• •••••• ••••••• „ . co c 0 f 0 KU? (-)APNER Rt) D 0 g. 0 tc 0 cG ti> GAR N L:ft RD a e4 CD (f) 0 rt6 0;6 o 2 "r) o U E o- 40 46. z 0 cz o a 0 Q. 8 L CO } 0 z z STANLEY AV ALLENQAIE AV GLADSTONE AV 4V 11 SYLVIA to z ct a w STANLEY AV tf 14UAJ (;REY AV ISS ST S« $ i� doemooireimilleb v} z z 0 z 0 a AY AV tiA A fv S1 S it 00 4 UJ 0 t STANLEY g 0 At I1111. .E 1 V M 0 N KILOME MRS LO 4 N 0 o-a p a a eL V` zvcn coa) o°'a) c o c o E 0 c CI) a) 0 O a c N Q a_ w 0 w Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2013 -04 Gale Centre ATM R &C- 2013 -04 February 12, 2013 RECOMMENDATION That the Mayor and Clerk be authorized to execute an agreement with Touch Cash for the supply, installation and service for one Automated Teller Machine (ATM) to be located in the lobby area of the Gale Centre, for a term of three years with an option to extend for an additional two years. EXECUTIVE SUMMARY A Request for Proposal, RFP91 -2012 was issued December, 2012 to request proposals for an automated teller machine for the Gale Centre. Closing date for the proposals was January 17, 2013. Nine proposals were received, upon review staff recommends Touch Cash. BACKGROUND Nine proposals were received to supply, install and service one ATM at the Gale Centre. The following chart lists the company, customer's transaction fee, City's revenue share and service response details. Bidder Transaction Fee Amount to the City /transaction Service Response Time Access Cash $1.50 $0.60 per transaction (first 1000 transactions monthly); $0.75 (1000 +) 2 hour response time Direct Cash $2.00 $1.40_per transaction Same Day response February 12, 2013 - 2 - R&C- 2013 -04 Exchange House $1.50 $0.75 per transaction Same day response Flex Touch $2.00 $0.50 per transaction (first 500 transactions monthly) $0.75 (500 +) n/a HM Cash n/a n/a 2 -4 hour response time Keybiz $1.50 $0.75 per transaction 2 hour response time Meridian $2.00 $0.05 per transaction (first 625 transactions monthly) $1.00 (625 +) *if less than 625 transactions, City to pay $1.50 subsidy per transaction below threshold 4 -5 hour response time Profit Warriors $2.50 $1.00 per transaction 40% of advertising sales (on- screen) 2 hour response time Touch Cash $1.75 $1.31 (75 %) per transaction 2 hour response time Criteria to evaluate the proposals: . • • Quality of proposal (complete information as requested in RFP) Installation & delivery of ATM (technical components) Service Requirements Financial components (transaction fee and % to City) References Staff reviewed all nine proposals and completed reference checks for the highest ranking proposals. Touch Cash is the recommended proponent based on the low transaction fee of $1.75, $1.31 (75 %) of each transaction back to the City and two hour response time for service calls. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Gale Centre 2013 operating budget, other revenue account allocates $5,000 for revenue from an ATM. Based on the proposal, staff estimate approximately $3,000 will be generated from the ATM. The ATM is a valuable service to provide to the Gale Centre patrons. February 12, 2013 CITY'S STRATEGIC COMMITMENT - 3 - R &C- 2013 -04 Strategic Priority, Economic Vitality, directs staff to, Ensure efficient and effective delivery of the core municipal services. Staff will continue to review and deliver requested services to enhance arena operations. Recommended by: Kathy Moldenhauer, Acting Director of Recreation & Culture Respectfully submitted: I Ken Todd, Chief Administrative Officer NiagaraaaIls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2013 -03 Sylvia Place - Parking Review TS- 2013 -03 February 12, 2013 RECOMMENDATION That the existing parking restriction on the east side of Sylvia Place from a point 31 metres south of Ferry Street is extended by 43 metres to a point 125 metres south of Ferry Street. EXECUTIVE SUMMARY The recommended extension of the existing parking restriction will allow for unobstructed traffic movement on the roadway in vicinity of Falls Farmers' Market, and ensure that driveways are not obstructed by parked vehicles. BACKGROUND In response to a concern, Staff has carried out a parking review on Sylvia Place. The concern stems from vehicles blocking the driveway to 5944 Sylvia Place on Saturdays when the farmer's market is open. At present time, parking is restricted on the east side of Sylvia Place between a point 31 metres south of Ferry Street and a point 83 metres south of Ferry Street. In addition, parking is restricted on the east side of Sylvia Place between Peer Street and a point 15 metres north of Peer Street. ANALYSIS /RATIONALE Sylvia Place is a 200 -metre residential roadway that extends in a north /south direction between Ferry Street and Peer Street. The roadway is approximately 8.5 metres in width and consists of a sidewalk on the east side only. The Niagara Falls History Museum, Municipal Parking Lot 12 and the Falls Farmers' Market (in operation on Saturday mornings within Lot 12) are located on the west side of Sylvia Place. The Camaro Shop is located on the east side of Sylvia Place across from Falls Farmers' Market. Technical observations revealed that parked vehicles are obstructing the driveway to 5944 Sylvia Place when the Falls Farmers' Market is open on Saturdays. This residential dwelling is located in close proximity to the market and is not presently abutted by the existing parking restriction. It may be convenient for patrons of the market to park their vehicles adjacent to this dwelling, which sometimes results in the driveway being obstructed by parked vehicles. To alleviate the existing parking concerns, the owner of the dwelling supports extending the parking restriction to encompass their property. A review of the collision files reveals that one (1) collision was attributed to a motorist striking a February 12, 2013 -2- TS- 2013 -03 parked vehicle. That was the only reported collision on Sylvia Place during the previous three years. Based on the above information, to alleviate parking concerns on the east side of the roadway, staff is recommending extending the existing "no parking" zone southerly by 43 metres. This extension will abut the driveway access to The Camaro Shop, and the frontage of 5944 Sylvia Place. Patrons of the Falls Farmers' Market may utilize the available parking in the aforementioned municipal parking lot and on the roadway where parking restrictions are not present. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2013 General Purposes Budget. The estimated cost to install the signs is approximately $100. 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: arl Dren, Director of Transportation Services 1 Ken Todd, Chief Administrative Officer NiagaraFalls TS- 2013 -03 Sylvia Place Parking Review Existing No Parking Zone • • • • • • Proposed Extension to the No Parking Zone NORTH NOT IO SCAR MW- 2013 -06 NiagaraJalls February 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2013 -06 Prince Charles Park Redevelopment Project Funding Agreement Community Infrastructure Improvement Fund (CIIF) RECOMMENDATION 1. That Council approve funding in the 2013 Capital Budget for the Prince Charles Park Redevelopment Project; and 2. That the Mayor and City Clerk be authorized to execute a Contribution Agreement with the Federal Economic Development Agency for Southern Ontario. EXECUTIVE SUMMARY Last Summer the City of Niagara Falls submitted applications to the Government of Canada for funding and has received confirmation that the Prince Charles Park Redevelopment project has been deemed eligible for funding up to 50% of the project cost, or $253,000. The cost sharing arrangement requires the municipality to enter into a contribution agreement which sets out standard terms for the completion of the project. The City is currently reviewing its Capital Budget and has yet to commit monetary resources to the project. The purpose of this report is to approve the funding for this project and to seek authorization to execute the necessary Contribution Agreement with the Federal Economic Development Agency for Southern Ontario to access funding under the Community Infrastructure Improvement Fund. BACKGROUND At its meeting on July 24, 2012, Council passed a resolution authorizing the submission of the Prince Charles Park Redevelopment Project for consideration under the Community Infrastructure Improvement Fund. The Federal Funding Program supports the rehabilitation, improvement and expansion of existing infrastructure facilities such as community centres, recreational buildings, local arenas and other cultural and community facilities. February 12, 2013 - 2 - MW- 2013 -06 This project will maintain and enhance the needed recreational services for the community surrounding Prince Charles Park. The project will commence near April 15, 2013 and will be completed for summer use near July 31, 2013. The scope of work includes: Replace the roof on the existing pool building (lifeguard office and change rooms). Install a liner in the existing outdoor public swimming pool. Convert the existing wading pool into a spray pad. Tennis courts; remove top layer of asphalt, base repairs, minor drainage and grading, resurfacing with new asphalt, re -line tennis courts and replace chain link fencing. Replace old playground equipment with new fully - accessible playground equipment. Handicap accessibility improvements will be made to the wading pool /spray pad and playground area. The pool liner as well as spray pad conversion will reduce operational costs. We anticipate that improvements to the tennis courts, playground and wading pool /spray pad will greatly increase local use. Replacement of the playground will improve park safety levels. The old wading pool will be replaced with a modern spray pad that utilizes computer controls to operate the facility. This provides greater flexibility in servicing the community as well as long -term cost savings. Water is utilized only when the computer controller identifies users. ANALYSIS /RATIONALE Although the Capital Budget deliberations have not commenced at the Council level, this project has already been considered as a priority but would not likely proceed to construction without the CIIF funding this year. Staff are seeking pre - approval in order to commence the design and proceed to prepare tender documents so that the improvements can be started this Spring and the park available to residents early this Summer. FINANCIAL IMPLICATIONS This project can be funded using contributions from the CIIF, Public Purposes Reserves and the 2013 Capital Budget. The details are provided in the Capital Budget Worksheet attached to this report. LEGAL IMPLICATIONS Legal staff have reviewed the terms of the Contribution Agreement and find them to be acceptable for the purposes of this project. February 12, 2013 - 3 - MW- 2013 -06 CITY'S STRATEGIC COMMITMENT The recommendations contained in this report are consistent with Council's 2011 -2014 strategic priorities by; creating a more welcoming and accessible environment at City facilities thereby promoting opportunities for active living, and ensuring efficient and effective delivery of core municipal services. LIST OF ATTACHMENTS 1. Location Map 2. Concept Sketch 3. Resolution - July 24, 2012 4. Confirmation Letter - December 7, 2012 5. 2013 Capital Budget Worksheet Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken odd, Chief Administrative Officer Geoff Holman Prince Charles Park Redevelopment Project Location Map MW- 2013 -06 — Attachment #1 Niagaraaalls This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings- For further information, please contact the City. The City shall not be held liable for special. incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. MW- 2013 -06 - Attachment #2 DESIGN BY U. ANTONSEN 0 w O 0 Z w 2 0< Yw U o0 �0 w J U w U Z 0 MW- 2013 -06 - Attachment #3 The City of Niagara Falls, Ontario Resolution July 24, 2012 No. 26 Moved by Councillor Pietrangelo Seconded by Councillor Mayes WHEREAS the Government of Canada, through the Economic Action Plan 2012, has announced $150 million nationally over the next two years for a new Community Infrastructure Improvement Fund (CIF); and WHEREAS the CIF will support the rehabilitation and improvement, including expansion, of existing community infrastructure facilities such as community centres, recreational buildings, local arenas, cultural facilities and other community facilities; and WHEREAS the Prince Charles Park and Pool Redevelopment Project (the "Project ") envisions a half a million project that will see park improvements to include a play area replacement, a conversion of a wading pool to a splash pad, pathway upgrades, a new pool liner and a roof for the main building; and WHEREAS the Project will provide a much needed upgrade to recreational facilities for the local community; and WHEREAS projects must be endorsed by a resolution by the submitting municipal council. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Prince Charles Park and Pool Redevelopment Project for consideration for the Community Infrastructure Improvement Fund (CIF) AND The Seal of the Corporation be hereto affixed. r Carried Unanimously JAMES M. DIODATI CITY CIJERK MAYOR Minister of State (Science and Technology) (Federal Economic Development Agency for Southern Ontario) DEC 72012 Mr. Geoff Holman Director of Municipal Works City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, Ontario L2E 6X5 MW- 2013 -06 - Attachment #4 Ottawa, Ontario K1 A OHS Re: C1497 Redevelopment of Prince Charles Park Dear Mr. Ilolman: Ministre d'Etat (Sciences et Technologie) ( Agence federate de developpement economique pour le Sud de ('Ontario) Municipal Works Scanned 3 i D jp1 MSC 0006583 1 would like to congratulate you on your successful application to the Community Infrastructure Improvement Fund (CIIF). Based on your application and pending necessary financial follow -up, your project will be provided with a non - repayable contribution of up to $253,000. Staff from the Federal Economic Development Agency for Southern Ontario will contact you in the near future to execute a contribution agreement. This agreement will outline the contracting details, claims information, and communication opportunities for your funded project. The signed contribution agreement must be accompanied by a resolution of your Council. Please ensure that the resolution references the contribution agreement under the CIIF program, the project title, and the funding amounts approved under the program, as listed in this letter. For further information, you may call 1 -866 -593 -5505, e -mail infrastructure@feddevontario .gc.ca, or visit http: / /www.feddevontario.ge.ca /CIIF. Once again, congratulations, and I encourage you to continue to work on improving the economic prospects of your community and Canada. Yours sincerely, The Honourable Gary Goodyear, P.C., M.P. Canada Capital Budget Worksheet 2013 MW- 2013 -06 - Atttachment #5 Department Parks Project Name Prince Charles Park Improvements Project I.D. # NEW Priority (1 -3) Included in 10 year Capital Plan (y /n) Project Description Replace aging infrastructure within park. The scope of work includes; Replacement of playground area (CSA), conversion of wading pool to spray pad, refurbishment oftennls courts, installation of outdoor pool liner and replacement of pool building roof. Opening Balance-Jan 01 (surplus) /deficit EXPENDITURES Engineering Fees /Design /Studies Land /Building /Furniture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers S itework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial /Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus) /deficit YEAR 2013 YEAR 2014 YEAR 2015 YEAR 2016 YEAR 2017 25,000 10,000 471,000 506,000 200,000 53,000 253,000 506,000 SNOI1f11OS321 The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Government of Canada, through the Economic Action Plan 2012, announced $150 million nationally through the Community Infrastructure Improvement Fund (CIIF); and WHEREAS the CIF will support the rehabilitation and improvement, including expansion, of existing community infrastructure facilities such as community centres, recreational buildings, local arenas, cultural facilities and other community facilities; and WHEREAS the Prince Charles Park and Pool Redevelopment Project (the "Project ") envisions a half a million project that will see park improvements to include a play area replacement, a conversion of a wading pool to a splash pad, pathway upgrades, a new pool liner and a roof for the main building; and WHEREAS the Project will provide a much needed upgrade to recreational facilities for the local community; and WHEREAS the Federal Economic Development Agency for Southern Ontario approved the project for funding. THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls authorizes entering into the contribution agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario for the Redevelopment of Prince Charles Park. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR L- 2013 -01 Niagaraaalls February 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2013 -01 Declaration of Surplus Part of Block A, Plan M -67 Our File No. 2012 -246 RECOMMENDATION That part of Block A, Plan M -67 as shown hatched on the attached location map ( "subject land "), less a one foot reserve running parallel to Chippawa Parkway, be declared surplus. EXECUTIVE SUMMARY The City has received a request by an abutting landowner to purchase the portion of the subject land that immediately abuts its property. Prior to that conveyance the subject land must be declared surplus to the City's needs. The subject land was previously declared surplus, however, that declaration was later withdrawn to accommodate a secondary planning process. As no municipal use was found for the subject land as a result of the secondary planning process, (which is now complete), and as an abutting owner has expressed interest in purchasing the portion of the lands that immediately abut its own lands, Staff is recommending that the declaration of surplusage be renewed. BACKGROUND In 2004 Council approved Report No. MW- 2004 -97 which carried the recommendation that the subject land be declared surplus so that Staff could enter into negotiations with abutting landowners for the sale of the subject land, if they were interested. As a result, in 2006 a land exchange with Gordon Wright Electric and the City was conducted which allowed Gordon Wright Electric to complete a minor expansion and to allow the City to construct a cul -de -sac on Don Murie Street. In 2008 Council approved Report No. L- 2008 -43 which withdrew the declaration of surplusage for the subject land. Staff were undertaking a secondary plan of the area and the future utility of the land to the City was under examination. The secondary planning exercise is now complete. No municipal use was found for the land in question. In late 2012, the City was approached by an abutting landowner interested in purchasing a portion of the subject land abutting its property, for the purpose of an expansion to the business located at 6220 Don Murie Street (D.A.T.S. Niagara Inc., c /o /b as Marine Clean). The proposal to declare the subject land surplus has been circulated to all City February 12, 2013 - 2 - L- 2013 -01 departments. Municipal Works has recommended that a one foot reserve would be required to preclude access to Chippawa Parkway. Based on the above, Staff is recommending that the subject land be declared surplus. Public notice of the declaration of surplus and sale was given in the February 2, 2013, issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. ATTACHMENT • Map of subject land Recommended by: Respectfully submitted: KB Attachment Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer Yellow - to be declared surplus !� TERANEr Te raview' Feb 4, 2013 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the land registration system and is prepared for property indexing purposes only. This is not a Plan of survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 -208 -5263 (Toronto: 416 - 360 -1190) MARINE CLEAN LTD. 6220 DON MURIE STREET, NIAGARA FALLS, ONTARIO L2G OB4 TEL: 905.356.5553 FAX: 905.356.7631 WEB: www.marineclean.ca E -MAIL: info@marineclean.ca February 1, 2013 Mayor Diodati & Council Members City of Niagara Falls City Hall 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 Re: Marine Clean Ltd. Expansion Project - 6220 Don Murie Street Dear Mayor Diodati & Members of Council: I am writing to you today to provide information regarding an important undertaking within our Company. After 39 years of operation in Niagara Falls, our business has out -grown our current building and we have considered options to manage this growth. Despite more economical solutions being available in the existing vacant industrial property market, for various reasons our preference is to remain at our current location, which we purchased, developed and have occupied since the mid- 1980's. Marine Clean Ltd. is a privately owned. 2nd generation family enterprise located on Don Murie Street in the Stanley Avenue Business Park. Our founder, David Allan Sr., began his career with the City of Niagara Falls and would be proud to know that his hard work and entrepreneurial spirit continues to thrive in his home city. We are an industrial & environmental service firm with our core business being the servicing of the Great Lakes Shipping Industry. We employ between 35 -40 full time employees, plus seasonal workers. Our clients include owners and operators of various fleets of vessels (ships) such as international ocean -going cargo vessels, domestic cargo vessels, naval and coast guard vessels, tugs, barges, cruise — tour — ferry vessels, etc. Service offerings include cleaning, pressure washing, sandblasting, painting, transportation, pumping and emergency spill response, as well as a wide range of waste management & recycling solutions for domestic & industrial wastes in small quantities and bulk. Most of these services are provided off site wherever these vessels trade, however our offices and warehouse facilities in Niagara Falls support these service activities. It is our intention to expand these facilities (both offices & warehouse) to manage our growth. Our management team has been working with Timbro Design Build Contractors to assess our needs and develop an expansion plan which matches our current and long term growth plans in MARINE CLEAN LTD. 6220 DON MURIE STREET, NIAGARA FALLS, ONTARIO L2G 0B4 TEL: 905.356.5553 FAX: 905.356.763 1 WEB: www.marineclean.ca E -MAIL: infofa rnarineclean.ca Niagara Falls. We have also met several times with City staff to discuss development options. Through this preliminary process we have determined that the desired expansion requires a slight increase in land to accomplish our planned business expansion while still conforming to by -law requirements. As such, after an extensive analysis we have submitted a request to the City to purchase a small parcel of City owned land immediately adjacent to our industrial operations (Block A on Plan M -67 Stanley Avenue Business Park). This would facilitate us moving forward with our expansion process. In January 2013 we met with the staff pre - consultation team and reviewed our design options. We are requesting your support of the land sale so that we may then move forward with the Site Plan application and prepare for spring /early summer 2013 construction. This expansion would secure our ongoing business activities in Niagara Falls and would facilitate the opportunity for our business to grow and create further employment opportunities. As Marine Clean Ltd. approaches our 40th business anniversary in 2014, we would be pleased to celebrate this important milestone with this building expansion that would highlight our successful business operations in Niagara Falls, and allow the opportunity to create more industrial jobs in Niagara. You may recall when I have attended Council meetings in my volunteer role as the Stanley Avenue Business Park Association Chair. Over the years we have worked together and have fostered an excellent business climate for industrial enterprises to continue growth in Niagara Falls. I am encouraged that the City and Region are committed to this objective by not imposing industrial development charges. The timing is now right to grow our business in Niagara Falls. Should there be any further questions regarding our plans for expansion. I would welcome the opportunity to discuss this initiative. I can be reached at da , ri:leclan.ca or (905) 356 -5553. I will be out of country from February 6h to 17`h, and would encourage you to contact me prior if possible. During my absence. I will be monitoring emails, or alternately John Marrone of Timbro can be contacted at 1. ores t mmfi )c!:,;l,t -ulir,corL or(905) 714 -5712. Thank you for your consideration. Sincerely, David K. Allan President. Cc: -City of Niagara Falls City Staff - Serge Felicetti, Director of Business Development -Alex Herlovitch. Director of Planning & Building - Ken Beaman, City Solicitor. Legal - John Morrone, Timbro Design & Construction CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to designate Lots 100, 101, 102 and 103, Registered Plan 59M -379, not be subject to part- lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said land is zoned by By -law No. 2008 -99 to permit the erection of single family dwellings thereon; AND WHEREAS the owner of the said lands proposes to reconfigure Lots 100, 101, 102 and 103, into a total of three parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 100, 101, 102 and 103, Registered Plan 59M -379, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for two years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this twelfth day of February 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 12, 2013 February 12, 2013 February 12, 2013 S:APART LOT CONTROL \2013 \PLC - 001 \Lots 100 -103 PLC By- law.wpd CITY OF NIAGARA FALLS By -law No. 2013- A by -law to amend By -law No. 79 -200, to amend the definitions of a pinball or electronic game machine establishment and a place of entertainment and to add to the list of items that are exempt from height regulations. (AM- 2012 -020) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 79 -200 is amended by deleting section 2.41 and inserting the following: "2.41 PINBALL OR ELECTRONIC GAME MACHINE ESTABLISHMENT means a building or part of a building in which 3 or more pinball or other mechanical or electronic game machines are available to the public;" 2. By -law No. 79 -200 is amended by deleting section 2.42 and inserting the following: ``2.42 PLACE OF ENTERTAINMENT means an arena, auditorium, public hall. bowling alley, ice or roller skating rink, curling rink, dance hall, music hall, theatre, cinema, pinball or electronic game machine establishment, carnival show, circus, mechanical amusement ride or device and billiard or pool room, but does not include a "body -rub parlour" or an "adult entertainment parlour" as defined in the Municipal Act;" 3. By -law No. 79 -200 is amended by deleting section 4.7 and inserting the following: "4.7 HEIGHT EXCEPTION: The height regulations of this By -law shall not apply to church spires, belfries, chimneys, water tanks, elevator or mechanical penthouses, flag poles, clock towers, radio, telephone, television or telecommunication towers and antennae, tents and mechanical amusement rides or devices in any Zone except as hereinafter provided or to farm buildings and farm structures (which shall not include buildings or structures to be erected or used for the purpose of human habitation in an A Zone, an R Zone or an OS Zone and shall not apply to the following types of structures and buildings in HI Zones: processing towers, processing equipment and industrial process buildings, provided that the height regulations of this By- law shall apply to TV dish antennae in a residential zone, DH Zone or R Zone." Passed this twelfth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 12, 2013 February 12, 2013 February 12, 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to declare part of Block A, Plan M -67 Niagara Falls except Part 4 on 59R -12504 and except Part 2 on 59R- 13003; 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 A, Plan M -67 Niagara Falls except Part 4 on 59R -12504 and except Part 2 on 59R- 13003; in the City of Niagara Falls , in the Regional Municipality ofNiagara, is hereby declared surplus. Passed this twelfth day of February, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 12, 2013. February 12, 2013. February 12, 2013. CITY OF NIAGARA FALLS By-law No. 2013 - A by -law to authorize the execution of an Extension Agreement with Deborah Lynn Pugliese respecting a tax obligation. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement made between Dr. Cliff Hardick and the Corporation of the City of Niagara Falls, respecting tax obligations for the property at 5741 McGrail Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seat thereto and to deliver the said Agreement. Passed this twelfth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 12, 2013 Second Reading: February 12, 2013 Third Reading February 12, 2013 EXTENSION AGREEMENT THIS AGREEMENT made this 12th day of February, 2013. BETWEEN: The Corporation of the City of Niagara Falls (Hereinafter called the "Corporation ") OF THE FIRST PART; and - Dr. Cliff Hardick as First Mortgagee (Hereinafter called the "Owner") OF THE SECOND PART; WHEREAS the Owner is the owner of the land in the City ofNiagara Falls Described in Schedule "A" attached hereto and forming part of this Agreement; AND WHEREAS the Owner's land is in arrears of taxes on the 31st day of December, 2011 in the amount of $51,098.27 and a tax arrears certificate was registered in the Land Registry or Land Titles Office on the 7th day of February, 2012 in respect of the Owner's land; AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (1) year following the date of the registration of the tax arrears certificate, a Municipality or Board may by by -law authorize an extension agreement with the Owner of the land, in occupation of such land to extend the period of time in which the cancellation price in respect to the Owner's land is to be paid; AND WHEREAS the period during which there is a subsisting extension agreement shall not be counted by the Treasurer in calculating the periods mentioned in sub- section 379(1) of the Municipal Act, 2001; AND WHEREAS the execution of this agreement was authorized by by -law 2013 - of the City ofNiagara Falls; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Corporation will extend to February 1, 2014 the payment period for the cancellation price payable in respect of the land. 2. The Owner will make payments to the Corporation in accordance with Schedule "B" attached hereto. 3. In addition to paying the amounts provided for in paragraph 2, the Owner agrees to pay: a. all further taxes levied on the land as they become due and payable during the term of this Agreement; and b. not later than 14 days following the due date of the last payment under paragraph 2, such additional amount, if any, as is necessary to bring the total amount paid under this Agreement up to the amount of the cancellation price payable in respect of the land. 4. Notwithstanding any ofthe provisions of this Agreement, the Municipal Act, 2001 as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the Tax Collector of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in paragraph 2 and 3, during the time this Agreement is in force so long as the Owner is not in default hereunder. 5. the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 6. Immediately upon the Owner or any other person making all the payments required under paragraphs 2 and 3, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect ofthe said lands. 7. Notwithstanding the provisions of paragraphs 2 and 3, the Owner and any other person may at any time pay the balance ofthe cancellation price upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. 9. If any paragraph or part of paragraphs in this Agreement is determined by a court or tribunal of competent jurisdiction to be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 10. Any notice required to be given to the Owner hereunder shall be sufficiently given if sent by registered mail to the Owner at the following address: Dr. Cliff Hardick, 331 Queens Avenue, London, Ontario, N6B 1X2 and B2B Trust B2B Trust in trust for RRSP/RRIF #8204232 B2B Trust in trust for RRSP/RRIF #8204233 Charge/Mortgage No. SN196544 130 Adelaide Street West, 4th Floor Toronto, Ontario, M5H 3P5 IN WITNESS WHEREOF the Owner has hereunto set his hand and seal and the Corporation has caused its corporate seal to be hereunto affixed and attested to by its proper signing officers in that behalf THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor Dean Iorfida, City Clerk Signed . The C it of Niagara Falls this 12th day of February, 201 Witness Cliff Hardick First Mortgagee Signature of Owner Schedule "A" DESCRIPTION OF 'i`HL LAND: LEGAL DESCRIPTION Property Identification Number Roll Number 27 25 030 004 105 00 LT 38 PL 291 Town ofNiagara Falls; P1' LT 39 PL 291, Niagara Falls as in R0704209 RO 704209 Property Location 5741 McGrail Avenue Niagara Falls, Ontario L2G 3R4 Schedule `B" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: $1 5,500.00 February 26, 2013 $6,6 75.00 monthly from March 2013 to February 2014 Balance February 1, 2014 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the execution of an Extension Agreement with Deborah Lynn Pugliese respecting a tax obligation. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement made between Deborah Lynn Pugliese and the Corporation of the City of Niagara Falls, respecting tax obligations for the property at 6888 Drummond Road, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seat thereto and to deliver the said Agreement. Passed this twelfth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 12, 2013 Second Reading: February 12, 2013 Third Reading February 12, 2013 EXTENSION AGREEMENT TIES AGREEMENT made this 12th day o F February-, 2013 BETWEEN The Corporator ofthe City o INiagara Falls {Ficreina1ter caded the "(orporarien") 01: I F RS 1 P. \ R F: - and - [)ehorah Lynn Rugla:s.e. as First klortga4c4 (Hereinafter La■!cd the '1ler-; t )1 I IP- s;1 c()Nr) ‘R ! 'Oh f [ RI.As■ life ()%%ttut ts 1:,t; &woof !f *n Ih (iu Niaizara Falls Dcs,: 111 \ " anached fierci=, tt lorrrin4 part .11 his ;\reeniert, AN7) WI IFRE; AS the Owner.; land it in arrears of :3X,!S on the 31 day of December, 20! I in the amount of $20,114 17 and a tax arreari certificate was cgistered in the and Regf,,(1> or I.mid Fits tiflIce on the 71' (kr )1 Fbruary, 2(,I2 in respect thc ()%vner s lard, A, ND \A, 1 ILREAS Section 378 the lhorfclpol 20(■1 proi7de.s [Oat liter the of ia.x arrears cerri!ICalt and before 0-',e txpiry of one (i ; ■rear foltowing the dace ot WA; registration ot thc: tax arrears cert71,zatc. a 4uni4ality or Hoard may 17.N. atoholi7e an extension thc Owner cf the t3nil, in otswIl land to extend the period :rn r which the inc ion price in rt:YT4PE.7cf, the Owne7's land is to be paki, AND \V} IFR F AS the period during which here ,s subilsting e■ccnsiop agrfeinent not bc counted by the Treasurer i n calcL.laCill ',,he periods inent.oned in sub- i)- . 3794! ) of the Aluilicipal Act 200 AND 't.V1-1F2EAS (He execution of. this ai.ne.ment W as autanr-,..eti 1-T Tfi ? City L Nagar a L L UL L httnR. //tines annolf c-nm/Arieuter9attid=0 1 knici=u-mailkthici=11cRe.6911fac Rerlfanirl=httm._ 1/30/2013 IC. Any notice required to be given to the Owner hereunder shall be sufficiently given if sent by registered mail to the Owner at the following address: c/n Tyrrell A. Clark, Tannahill, Lockhart & Clark Law L.L.P. Barristers & Soliditurs 5305 Whittle Road, Suitt I'J. lvlississaugs. Ontario, L4Z 2Jl \Vl F" ESS WI ILREOP the Owner has herunk; set his hand and aeal and the Corpor;icn has cau:;ed iU cc, :rperate seal to be hereunto <rtl xed arci atte3tcd w by as proper signing .)Thcrs in that behalf IL CORPORATION OF 1 } (' C' TY OF NI r\C;,lRA FALLS Deals ' Sri da. Cu } Clerk Sighed at 1 he City X71_ `sIiag ra F;+1I, ;h. - 12th '3+ t l FU.; ruary, 2541 i r r' '. • • :rr,y.o ;inn t s 3 1 45\0 1 VL l Dchwah I,yr'r, t ,L61 LLE. First \4 irtuarge, E3c.r2, ,t32,b NLR'6 A`-' As :r,i z Signature of t?.kner httnc- / /rinr•e annalP r-nm /viewer ? attirl =ll 1kr►irl= ornai Lite thic1 =1'te c 9hfacRec76 &url= httns_.. 1/30/2013 Schedule -A" DESC:REPTWN OF THE LAND: FFGA!, DESCRIPT(ON Slairu'ord Twr P"opert dc trcaLRI tiumbcr PT 1, 5'4R138.1. RA tiumbcr 1 0004) Pr ..i)erij 1 ocilrc,r, 68SR Drummord Road i -j '1S. Ont I 2C ft a6c, L vl 1+++.... • /1,11,-,,, /NT; c.m...r9.34-tir1=C1 1 fdrlici=arriailgrthirkzllr Re6QhfarlIc.e7fartirl=httrtc 1 /10001 3 Schedule "B" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT $9,000,00 February 26, 2013 $7,000.00 May 1, 2013 S7,000.00 August I, 2013 $7,000.00 November 1, 2013 Balance February 1, 2014 httnc- I Icines_anngle.corniviewer?attid=0.1&nid=vmail&thid=13c8c69bfac8ec76&url----httris... 1/30/2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. WHEREAS on January 28, 2013, Jack Tosta, commenced employment as the new Chief Building Official for the Corporation of the City of Niagara Falls; and WHEREAS this is the first available opportunity to amend the by -law appointing City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "A" and that Schedule "A" attached hereto shall be inserted in lieu thereof. 2. The amendment to Schedule "A" is hereby effective on January 28, 2013. Passed this twelfth day of February, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 12, 2013. February 12, 2013. February 12, 2013. SCHEDULE "A" 1. Chief Building Official: Jack Tosta 2. Inspectors: Tammy Agnoletto Wayne Allen Louie Baldinelli Luciano Chieca Frank Devereaux Brian Dickson Effat Effat Sandro Elia Jim Jessop Kellie Kubick Christel Meyer Carmen Mignelli Belinda Philips Nick Pietrangelo Roger Pigeon Franco Piscitelli Ellen Roupas Fred Sacco Ben Trendle Ron Waters 3. Property Standards Officers: James Cerminara Brian Sparks CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to hereby authorize the execution of a contribution agreement for the redevelopment of Prince Charles Park between the Corporation of the City of Niagara Falls and Her Majesty the Queen in Right of Canada, hereby represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario under the Community Infrastructure Improvement Fund. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, authorizing the execution of a Contribution Agreement between Her Majesty the Queen in right of the Province of Canada, hereby represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario and the Corporation of the City of Niagara Falls, is hereby approved. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twelfth day of February, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 12, 2013 February 12, 2013 February 12, 2013 Recipient Name: City of Niagara Falls Project No C1497 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND CONTRIBUTION AGREEMENT This Contribution Agreement is made as of BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA ( "Her Majesty ") hereby represented by the Minister responsible for Federal Economic Development Agency for Southern Ontario AND: City of Niagara Falls ( "Recipient ") a local government established under the laws of Ontario WHEREAS the Federal Economic Development Agency for Southern Ontario ( "Agency ") was created to help make Canadians more productive and competitive in the knowledge - based economy, by supporting economic development, economic diversification, job creation, and sustainable, self - reliant communities in Southern Ontario; WHEREAS in its 2012 Budget, the Government of Canada allocated $150 million to the newly created Community Infrastructure Improvement Fund ( "CIIF ") to rehabilitate and improve, and expand, existing community infrastructure facilities; and WHEREAS the Minister has agreed to make a non - repayable contribution to the Recipient up to the maximum amount of two hundred and fifty -three thousand dollars ($253,000) in support of the Recipient's Eligible Costs (as defined herein) of the Project (as defined herein), NOW THERETOFORE, in accordance with the mutual covenants and agreements herein, Her Majesty and the Recipient agree as follows: 1. Purpose of the Agreement The purpose of this Agreement is to set out the terms and conditions under which the Minister will provide CIIF (as defined herein) funding in support of the Project (as defined herein). 2. Interpretation 2.1 Definitions. In this Agreement, a capitalized term has the meaning given to it in this section, unless the context indicates otherwise: Agency means the Federal Economic Development Agency for Southern Ontario. Page I of 36 Recipient Name: City of Niagara Falls Project No: CI497 Agreement means this agreement including all the annexes attached hereto, as such may be amended, restated or supplemented, from time to time. CIIF means the Community Infrastructure Improvement Fund as described in the recitals hereto. Contribution means the contribution to Eligible Costs in the amount stipulated in Subsection 4.1. Control Period means the period of six (6) years following the period determined in Subsection 3.1 as the duration of the Agreement. Date of Acceptance means the date on which the duplicate fully executed copy of this Agreement is received by the Minister. Eligibility Date means April 1, 2012. Eligible Costs means those Project Costs supported by the Contribution and which are identified in Annex 1 — Statement of Work and relating to the Project activities described therein and which are in compliance with Annex 3 — Costing Guideline Memorandum. Event of Default means the events of default described in Subsection 13.1 hereof. Final Report means the report described in Subsection 7.1 hereof. Final Report Date means June 30, 2014. Final Review Form means the report described in Subsection 7.1 hereof. Fiscal Year means the Government of Canada's fiscal year beginning on April 1st of a year and ending on March 31st of the following year. Local Government means a "municipality" as defined in the Municipal Act, 2001, (Ontario), as amended and includes a local board of a municipality and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes in an unorganized township. Minister means the Minister responsible for the Agency or any one or more of his representatives. Parties means the Minister and the Recipient and Party means any one of them. Program Completion Date means March 31, 2014. Project means the project described in Annex 1 — Statement of Work. Page 2 of 36 Recipient Name: City of Niagara Falls Project No: C 1497 Project Costs means the total costs of the Project as set out in Annex 1 — Statement of Work. Statement of Total Government Assistance means the report described in Paragraph 6.4(a)(iv) hereof. "Substantially Completed" has the same meaning and shall be determined in accordance with how the term "substantially performed" is determined in subsection 2(1) of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended, and "Substantial Completion" shall have a corresponding meaning. 2.2 Singular /Plural. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and the plural. 2.3 Entire Agreement. This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject matter of this Agreement has legal effect. No representation or warranty, whether express, implied or otherwise, has been made by the Minister to the Recipient, except as expressly set out in this Agreement. 2.4 Inconsistency. In case of inconsistency or conflict between a provision contained in the part of the Agreement preceding the signatures and a provision contained in any of the Annexes to this Agreement, the provision contained in the part of the Agreement preceding the signatures will prevail. 2.5 Annexes. This Agreement contains the following Annexes as described below, which form an integral part of this Agreement: Annex 1 - Statement of Work: this annex is a comprehensive description of the Project, including without limitation, the scope of work, cost breakdown, location of Project and sources of funding. Annex 2 - Environmental Mitigation Measures: this annex summarizes the current status of the Project under the Canadian Environmental Assessment Act, 2012 and, if necessary, the mitigation measures identified for the Project which the Recipient will have to implement, as a condition of the Contribution. Annex 3 — Costing Guideline Memorandum: this annex describes the rules for eligibility for certain costs. Annex 4 — Direct Deposit Authorization Annex 5 - Progress Report: this annex contains substantially the form to be used in order to prepare the progress report. Page 3 of 36 Recipient Name: City of Niagara Falls Project No: C 1497 Annex 6 — Final Review Form: this annex contains substantially the form to be used in order to prepare the Final Review Form. Annex 7 — Final Report: this annex contains substantially the form to be used in order to prepare the Final Report. Annex 8 - Statement of Total Government Assistance: this annex contains substantially the form to be used in order to prepare the Statement of Total Government Assistance. Annex 9 — Aboriginal Consultation Protocol: this annex contains the protocol to be followed in respect to any Aboriginal consultation. 3. Duration of Agreement 3.1 Duration of Agreement. This Agreement comes into force on the Date of Acceptance and will terminate: (a) twelve (12) months after the earlier of: i) the Project is Substantially Completed; or ii) the Program Completion Date. (b) upon the date on which all amounts due by the Recipient to Her Majesty under this Agreement, have been paid in full, whichever is the later, unless terminated earlier in accordance with the terms of this Agreement. 3.2 Control Period. Notwithstanding the provisions of Subsection 3.1 above, during the Control Period, the rights and obligations described in the following sections shall continue beyond the duration of the Agreement: Section 5 - Other Government Financial Support Subsection 6.6 — Overpayment and non - entitlement Subsections 7.3, 7.4, 7.5, 7.6 and 7.7 - Monitoring, Audit and Evaluation Subsection 8.1c) and 8.2c) — Representations and Covenants Section 12 - Indemnification and Limitation of Liability Section 13 - Default and Remedies Section 14 — Project Assets Subsection 16.9 - Dispute Resolution 4. The Contribution 4.1 Subject to the terms and conditions of this Agreement, the Minister will make a non - repayable contribution to the Recipient in respect of the Project in an amount not exceeding the lesser of (a) and (b) as follows: Page 4 of 36 Recipient Name: City of Niagara Falls Project No C1497 (a) maximum 50.0% of total Eligible Costs of the Project incurred and paid by the Recipient; and (b) $253,000 4.2 The payment of the Contribution per Fiscal Year is estimated at amounts as detailed in Annex 1 — Statement of Work. 4.3 The Minister shall not contribute to any Eligible Costs incurred prior to the Eligibility Date or later than the Program Completion Date. 4.4 The Minister shall not contribute to any Eligible Costs incurred by the Recipient which could cause the Contribution, noted in Subsection 4.1 herein to be exceeded. 4.5 The Recipient agrees that it shall contribute no less than fifty percent (50 %) to the Eligible Costs of the Project. 4.6 The Recipient shall use the Contribution solely and exclusively to support the Eligible Costs of the Project, as detailed in Annex 1- Statement of Work and in Annex 3 — Costing Guideline Memorandum and shall carry out the Project in a diligent and professional manner, using qualified personnel and in accordance with the Project description in Annex 1- Statement of Work. 4.7 The Recipient shall be responsible for all costs of the Project, including cost overruns, if any. 4.8 Holdbacks. Notwithstanding any other provisions of this Agreement, the Minister will, at the Minister's sole discretion, withhold up to ten percent (10 %) of the Contribution amount until: (a) the Project is Substantially Completed; (b) the Recipient has satisfied all the conditions of this Agreement; (c) the Final Review Form described in Subsection 6.4(a)(ii) has been submitted to the satisfaction of the Minister; (d) audits and site visits, where required by the Minister, have been completed to the satisfaction of the Minister; and (e) the Minister has approved the final claim described in Subsection 6.4. 5. Other Government Financial Support 5.1 The Recipient hereby confirms that for purposes of this Project no other federal, Page 5 of 36 Recipient Name: City of Niagara Falls Project No: C1497 provincial, Local Government assistance has been requested, received or will be received. 5.2 The Recipient shall promptly inform the Minister in writing in the event additional other government financial support has been requested or received for the Project, during the term of this Agreement and acknowledges and agrees that an adjustment to the amount of the Contribution and a request for repayment of part or all of the amounts paid to the Recipient may be made as a result thereof. The amount of repayment requested will constitute a debt due to Her Majesty and will be recovered as such from the Recipient. 5.3 In no instance will the total government funding towards the Eligible Costs of the Project be allowed to exceed one hundred percent (100 %) of the total Eligible Costs. 6. Claims and Payments 6.1 The Recipient shall maintain accounting records that account for the Contribution paid to the Recipient and the related Project Costs in respect of this Agreement, separate and distinct from any other funding. 6.2 Claims Procedures. The Recipient shall submit claims for reimbursement of Eligible Costs incurred and paid, not less frequently than semi - annually or more frequently than monthly, in a form satisfactory to the Minister. Each claim will include the following information: (a) an itemized summary of Eligible Costs incurred and paid; (b) a progress report of the claim as it relates to Annex 1 — Statement of Work, in the form attached as Annex 5 — Progress Report; (c) a certification of the claim by a director or officer of the Recipient, confirming the accuracy of the claim and of all supporting information provided; (d) if applicable, a certification by a director or officer of the Recipient that any mitigation measures listed in Annex 2 — Environmental Mitigation Measures have been implemented; and (e) substantiating documentation (including without limitation, any invoice or proof of payment). 6.3 Advance Payments. (a) Initial Advance. Where the Minister is satisfied and has determined that the Recipient's cash flow requirements justify the need for an advance against the Eligible Costs payable under this Agreement, the Minister may, at his sole discretion, pay to the Recipient an initial advance for Eligible Costs on the portion Page 6 of 36 Recipient Name: City of Niagara Falls Project No: C1497 of the Contribution allocated to the Fiscal Year to which the advance request pertains, subject to the following: i) The Recipient submits to the Minister's satisfaction, a forecast of cash flow requirements to be incurred during the initial advance period along with any documentation that the Minister may reasonably request. ii) The Recipient shall account by way of claim, to the satisfaction of the Minister, for the use of any advances. (b) Subsequent Advances. Where the Minister is satisfied and has determined that the Recipient's cash flow requirements justify the need, the Minister may, at his sole discretion, make additional advances for Eligible Costs, subject to the following: (i) The Recipient follows the requirements outlined under (a)i) and (a)ii) above with respect to any subsequent advance; and (ii) The Recipient submits the advance request at least six (6) weeks prior to the start of the advance period to which the advance request pertains. (c) If the amount of the advance exceeds the amount of Eligible Costs incurred during the previous advance period, the Minister may deduct the excess amount and any interest earned by such excess from any other payment under this Agreement. 6.4 Final Claim Procedures. (a) The Recipient shall submit a final claim pertaining to the final reimbursement of any Eligible Costs previously claimed or not, signed by a director or officer of the Recipient and accompanied by the following, in addition to the requirements set out in Subsection 6.2, in a form satisfactory to the Minister in scope and detail: (i) a confirmation that it is the final claim for payment and as such, it includes all final Eligible Costs submitted for payment; (ii) a Final Review Form on the Project; (iii) a Final Report of total Project Costs; and (iv) a Statement of Total Government Assistance (federal, provincial and Local Government assistance) received or requested towards the Eligible Costs of the Project substantially in the form of Annex 8 — Statement of Total Government Assistance. Page 7 of 36 Recipient Name: City of Niagara Falls Project No: C1497 (b) The Recipient shall submit the final claim for reimbursement of Eligible Costs to the satisfaction of the Minister the earlier of: (i) the date which falls no later than three (3) months after Project is Substantially Completed; and (ii) the Final Report Date. The Minister shall have no obligation to pay any claims submitted after this date. 6.5 Payment Procedures. (a) The Minister shall review and approve the documentation submitted by the Recipient following the receipt of the Recipient's claim and in the event of any deficiency in the documentation, it will notify the Recipient and the Recipient shall immediately take action to address and rectify the deficiency. (b) Subject to the maximum Contribution amounts set forth in Subsection 4.1 and all other conditions contained in this Agreement, the Minister shall pay to the Recipient the Eligible Costs set forth in the Recipient's claim, in accordance with the Minister's customary practices. (c) The Minister may request at any time that the Recipient provides satisfactory evidence to demonstrate that all Eligible Costs claimed have been paid. (d) The Minister may require, at his expense, any claim submitted for payment of the Contribution be certified by the Recipient's external auditor or by an auditor approved by the Minister. 6.6 Overpayment or non - entitlement. Where, for any reason, the Recipient is not entitled to all or part of the Contribution or the amount paid to the Recipient exceeds the amount to which the Recipient is entitled, the Contribution or the amount in excess, as the case may be, shall constitute a debt due to Her Majesty and shall be recovered as such from the Recipient. The Recipient shall repay Her Majesty within thirty (30) calendar days from the date of the Minister's notice, the amount of the Contribution disbursed or the amount of the overpayment, as the case may be, together with interest calculated in accordance with the Interest and Administrative Charges Regulations, in effect on the due date, from the date of the notice until payment is received by Her Majesty. 6.7 If the Recipient earns any interest as a consequence of any advance payment of the Contribution or earns any revenue as a result of the Project, the Minister may in his absolute discretion reduce the Contribution by all or by such portion of the revenue (including the interest) as he deems appropriate. Page 8 of 36 Recipient Name: City of Niagara Falls Project No: C1497 7. Monitoring, Audit and Evaluation 7.1 Final Review Form and Final Report. In accordance with Subsection 6.4, the Recipient shall submit to the Minister a Final Review Form, substantially in the form of Annex 6 — Final Review Form and a Final Report, substantially in the form of Annex 7 — Final Report, satisfactory to the Minister in scope and detail, in order to allow the Minister to assess the outcome and costs of the Project. 7.2 Upon request of the Minister and at no cost to him, the Recipient shall promptly elaborate upon any report submitted or provide such additional information as may be requested. 7.3 The Recipient shall at its own expense: (a) preserve and make available for audit and examination by the Minister, proper books, accounts and records of the Project Costs, wherever such books, and records may be located, and permit the Minister to conduct such independent audits and evaluations as the Minister in his discretion may require; (b) upon reasonable notice and after consultation with the Recipient, permit the Minister, reasonable access to the Project site and /or the Recipient's premises and documents in order to inspect and assess the progress and results of the Project; (c) supply promptly, on request, such other data in respect of the Project and its results, as the Minister may require for purposes of this Agreement and for statistical and /or evaluation purposes. 7.4 The Minister shall have the right, at his own expense, and as and when he determines necessary, to perform audits of the Project Costs and the Recipient's books, accounts, records, financial statements and claims for reimbursement of Eligible Costs, and the Recipient's administrative, financial and claim certification processes and procedures, for the purposes of verifying the costs of the Project, validating claims for reimbursement of Eligible Costs, ensuring compliance with the terms of this Agreement, and confirming amounts repayable to Her Majesty under the provisions of this Agreement. 7.5 Any audits performed hereunder will be carried out by auditors selected by the Minister, which may include any of the following: Agency officials, an independent auditing firm, and /or the Recipient's external auditors. The Minister will provide the Recipient with a description of the scope and criteria of the audit and the expected time frames for completion of the audit and public release of the related reports. 7.6 The Recipient agrees that the Minister, at his expense, may engage outside firms or individuals, unrelated to the Government of Canada, with the required expertise to evaluate and monitor the Project and its implementation or review any documents Page 9 of 36 Recipient Name: City of Niagara Falls Project No: C1497 submitted by the Recipient. The Recipient agrees to provide access to any site, meeting or to any document in relation to the Project to such firms or individuals. 7.7 Auditor General of Canada. The Recipient acknowledges that the Auditor General of Canada may, at the Auditor General's cost, after consultation with the Recipient, conduct an inquiry under the authority of Subsection 7.1(1) of the Auditor General Act in relation to any funding agreement (as defined in Subsection 42(4) of the Financial Administration Act) with respect to the use of funds received. For purposes of any such inquiry undertaken by the Auditor General, the Recipient shall provide, upon request and in a timely manner, to the Auditor General or anyone acting on behalf of the Auditor General: (a) all records held by the Recipient or by agents or contractors of the Recipient, relating to this Agreement and the use of the Contribution; and (b) such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General, may request relating to this Agreement and/or the Contribution. 8. Representations and Covenants 8.1 The Recipient represents and warrants that: (a) it is a Local Government and is in good standing under the laws of Ontario, and has the power and authority to carry on its business, to hold its property and to enter into this Agreement and it has the power and authority, and has met all legal requirements, necessary to carry on business, hold property, and to enter into, deliver and perform this Agreement. The Recipient warrants that it shall remain as such for the duration of this Agreement; (b) the execution, delivery and performance of this Agreement have been duly and validly authorized by the necessary corporate actions of the Recipient and when executed and delivered by the Recipient, this Agreement constitutes a legal, valid and binding obligation of the Recipient, enforceable in accordance with its terms; (c) it has acquired, at its own expense, general liability insurance and property damage insurance, in an adequate amount consistent with the scope of the operations and the Project that a prudent person carrying out a project similar to the Project would maintain, and will maintain such for the duration of the Agreement and the Control Period. (d) the signatory(ies) to this Agreement, on behalf of the Recipient, has(ve) been duly authorized to execute and deliver this Agreement; Page 10 of 36 Recipient Name: City of Niagara Falls Project No: C1497 (e) this Agreement constitutes a legally binding obligation of the Recipient, enforceable against it in accordance with its terms, subject as to enforcement of remedies to applicable bankruptcy, insolvency, reorganization and other laws affecting generally the enforcement of the rights of creditors and subject to a court's discretionary authority with respect to the granting of a decree, ordering specific performance or other equitable remedies; (f) the execution and delivery of this Agreement and the performance by the Recipient of its obligations hereunder will not, with or without the giving of notice or the passage of time or both: (g) (i) violate the provisions of the Recipient's by -laws, any other corporate governance document subscribed to by the Recipient or any resolution of the Recipient; (ii) violate any judgment, decree, order or award of any court, government agency, regulatory authority or arbitrator; or (iii) conflict with or result in the breach or termination of any material term or provision of, or constitute a default under, or cause any acceleration under, any license, permit, concession, franchise, indenture, mortgage, lease, equipment lease, contract, permit, deed of trust or any other instrument or agreement by which it is bound. there are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency, which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement; (h) it has obtained or will obtain all necessary licences and permits in relation to the Project, which satisfy the requirements of all regulating bodies of appropriate jurisdiction; and (1) all information provided during the CIIF application process remains true, correct and complete in every respect except as set out to the contrary herein. 8.2 The Recipient covenants and agrees that : (a) it shall obtain the prior written consent of the Minister before making any change to any aspect of the Project or to the management of the Project or Recipient. (b) it shall acquire and manage all equipment, services and supplies required for the Project in a manner that ensures the best value for funds expended and it shall comply with its procurement policies, rules and regulations. Page I I of 36 Recipient Name: City of Niagara Falls Project No: C1497 (c) it shall maintain the usage as described in Annex 1 — Statement of Work, of any assets to which the Minister has contributed to for a minimum of six (6) years after the expiry or the termination of this Agreement. 9. Federal Visibility Requirements 9.1 The Recipient agrees that its name, the amount of the Contribution and a description of the general nature of the activities supported under this Agreement may be made publicly available by the Minister. 9.2 In order to promote the support received from the Minister, and to raise awareness of the Community Infrastructure Improvement Fund, the Recipient agrees to the following requirements, at the request of the Agency: (a) Participate in and assist with coordination of a public announcement of the Agreement by the Minister in the form of an event and/or news release as provided by the Minister. The Recipient shall maintain the confidentiality of this Agreement until such public announcement; (b) Coordinate a mutually agreeable venue, date and time, in light of the availability of the Minister, for public /media events outlining Project achievements, such as groundbreaking or completion ceremonies, or initiatives undertaken by the Recipient and acknowledging the role of the Minister on these occasions. Unless otherwise agreed to in advance by the Minister, no event will take place without at least fifteen (15) business days' notice to the Minister; (c) Participate in, coordinate and accommodate activities that showcase the results or expected results of the Minister's support, including but not limited to public showcase events, site visits, photo opportunities, production of promotional products (including but not limited to, photos and images, video, print and new media). This includes providing access to the Recipient's work site(s) to the Agency staff. The Recipient agrees that the Minister may contact it for the purposes of preparing project success stories; (d) When providing information on the products and services funded in whole or in part by this Agreement, specify that the financial assistance is made possible through a contribution from the Minister; (e) Prominently display at the Project site in a manner prescribed by the Minister, promotional material or signage according to a design specified by the Minister and produced and installed at the Recipient's expense, communicating the nature of the funded activities and /or the involvement of the Minister; and Page 12 of 36 Recipient Name: City of Niagara Falls Project No: C1497 (t) Include the appropriate "Government of Canada" wordmark, Economic Action Plan logo, and/or Agency signature in all publications and advertising describing or promoting the products and services funded in whole or in part by this Agreement, including, but not limited to, electronic media (web, television, video), and print media (signs, print advertising, brochures, magazines, maps, posters). The Recipient will consult with the Minister in preparing the content and look of all such material, which must be approved in advance. The Recipient will provide the Agency with no less than ten (10) business days for the approval of all materials prior to its release. The Minister may, by notice in writing given to the Recipient, require that recognition of the support provided by the Minister not be made in any public communication of the Recipient. 10. Official Languages Where the Recipient communicates with members of the public regarding Project activities supported by the Contribution, and/or where the Recipient provides services supported by the Contribution to members of the public, the Recipient shall: (a) make available in both official languages any notice, advertisement, announcement, document or publication for the information primarily of members of the public; (b) actively offer and provide in both official languages any services to be provided or made available to members of the public; (c) encourage members of both official language communities to participate in its activities; and (d) organize activities when appropriate to meet the needs of members of both official language communities. 11. Environmental and Other Requirements 11.1 The Recipient represents that the Project is not a "designated project" as defined in the Canadian Environmental Assessment Act, 2012 ( "CEAA ") and is not being carried out on "federal lands" as defined in the CEAA. 11.2 The Recipient shall comply with all federal, provincial, territorial, municipal and other applicable laws governing the Recipient and the Project, including but not limited to, statutes, regulations, by -laws, rules, ordinances and decrees. This includes legal requirements and regulations relating to environmental protection and the successful implementation of and adherence to any mitigation measures, Page 13 of 36 Recipient Name: City of Niagara Falls Project No: C1497 monitoring or follow -up program, which may be prescribed by the Minister or by other federal, provincial, territorial, municipal bodies. 11.3 The Recipient will provide the Minister with reasonable access to any Project site, for the purpose of ensuring that the terms and conditions of any environmental approval are met, and that any required mitigation measures, monitoring or program follow up have been carried out, to the satisfaction of the Minister. 1 1.4 If as a result of changes to the Project or otherwise, should a subsequent assessment be required in accordance with CEAA for the Project, the Minister and the Recipient agree that the Minister's obligations under this Agreement will be suspended from the moment that the Minister informs the Recipient, until (i) a decision statement has been issued to the Recipient or, if applicable, the Minister has decided that the Project is not likely to cause significant adverse environmental effects, and (ii) if required, an amendment to this Agreement has been signed, setting out any conditions included in the decision statement. The Recipient agrees to comply with any such conditions. 11.5 Aboriginal consultation. The Recipient acknowledges that the Minister's obligation to pay the Contribution is conditional upon Her Majesty satisfying any obligation that Her Majesty may have to consult with or to accommodate any Aboriginal groups, which may be affected by the terms of this Agreement. The Parties agree to be bound by the terms of Annex 9 — Aboriginal Consultation Protocol. 12. Indemnification and Limitation of Liability 12.1 The Recipient shall at all times indemnify and save harmless Her Majesty, its officers, officials, employees and agents, from and against all claims and demands, losses, costs, damages, actions, suits or other proceedings (including, without limitation, those relating to injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights) by whomsoever brought or prosecuted, or threatened to be brought or prosecuted, in any mariner based upon or occasioned by any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights, caused by, or arising directly or indirectly from: (a) the Project, its operation, conduct or any other aspect thereof; (b) the performance or non - performance of this Agreement, or the breach or failure to comply with any term, condition, representation or warranty of this Agreement by the Recipient, its officers, employees and agents, or by a third party or its officers, employees, or agents; (c) the design, construction, operation, maintenance and repair of any part of the Project or, Page 14 of 36 Recipient Name: City of Niagara Falls Project No: C1497 (d) any omission or other wilful or negligent act or delay of the Recipient or a third party and their respective employees, officers, or agents, except to the extent to which such claims and demands, losses, costs, damages, actions, suits, or other proceedings relate to the negligent act or omission of an officer, official, employee, or agent of Her Majesty, in the performance of his or her duties. 12.2 The Minister shall have no liability under this Agreement, except for payments of the Contribution, in accordance with and subject to the provisions of this Agreement. Without limiting the generality of the foregoing, the Minister shall not be liable for any direct, indirect, special or consequential damages, or damages for loss of revenues or profits of the Recipient. 12.3 Her Majesty, her agents, employees and servants will not be held liable in the event the Recipient enters into a loan, a capital or operating lease or other long -term obligation in relation to the Project for which the Contribution is provided. 13. Default and Remedies 13.1 Event of Default. The Minister may declare that an Event of Default has occurred if: (a) the Recipient has failed or neglected to pay Her Majesty any amount due in accordance with this Agreement; (b) the Recipient fails to proceed diligently with the Project, or abandons the Project in whole or in part, or the Project is not Substantially Completed by the Program Completion Date; (c) the Recipient makes a materially false or misleading statement concerning support by the Minister in any internal and /or public communication, other than in good faith; (d) the Recipient becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute, from time to time in force, relating to bankrupt or insolvent debtors; (e) an order is made or the Recipient has passed a resolution for the winding up or liquidation of the Recipient, or the Recipient is dissolved; (t) the Recipient has, in the opinion of the Minister, ceased to carry on business or has sold all or substantially all of its assets; Page 15 of36 Recipient Name: City of Niagara Falls Project No: C1497 (g) the Project is carried out at locations, other than those mentioned in Annex 1 - Statement of Work; (h) the Recipient has submitted false or misleading information, or has made a false or misleading representation to the Agency, the Minister or in this Agreement; (i) the Recipient has not, in the opinion of the Minister, met or satisfied a term or condition of this Agreement; (j) the Recipient has not met or satisfied a term or condition under any other contribution agreement or agreement of any kind with Her Majesty; (k) the Recipient is not eligible or is otherwise not entitled to the Contribution; or, (1) the Recipient has not complied with the monitoring, audit and evaluation requirements, specified in this Agreement. 13.2 Notice and Rectification Period. Except in the case of default under Subsection 13.1 (d) (e) and (f), the Minister will not declare that an Event of Default has occurred unless he has given prior written notice to the Recipient of the occurrence, which in the Minister's opinion constitutes an Event of Default. The Recipient shall, within such period of time as the Minister may specify in the notice, either correct the condition or event or demonstrate, to the satisfaction of the Minister, that it has taken such steps as are necessary to correct the condition, failing which the Minister may declare that an Event of Default has occurred. 13.3 Remedies. If the Minister declares that an Event of Default has occurred, the Minister may immediately exercise any one or more of the following remedies, in addition to any remedy available at law: (a) terminate the Agreement, including any obligation by the Minister to make any payment under this Agreement, including any obligation to pay an amount owing prior to such termination; (b) suspend any obligation by the Minister to make any payment under this Agreement, including any obligation to pay an amount owing prior to such suspension; and (c) require the Recipient to repay forthwith to Her Majesty all or part of the Contribution, and that amount is a debt due to Her Majesty and may be recovered as such. 13.4 The Recipient acknowledges the policy objectives served by the Minister's agreement to make the Contribution, that the Contribution comes from the public monies, and that the amount of damages sustained by Her Majesty in an Event of Page 16 of 36 Recipient Name: City of Niagara Falls Project No: C1497 Default is difficult to ascertain and therefore, that it is fair and reasonable that the Minister be entitled to exercise any or all of the remedies, provided for in this Agreement and to do so in the manner provided for in this Agreement, if an Event of Default occurs. 14. Project Assets 14.1 The Recipient shall retain title to, and ownership of any assets, the cost of which has been contributed to by the Minister under this Agreement and shall not sell, assign, transfer, encumber, pledge, grant a security interest or otherwise dispose of same, for a minimum of six (6) years after the expiry or termination of this Agreement without the prior written consent of the Minister. As a condition of such consent, the Minister may require the Recipient to repay Her Majesty the whole or any part of the Contribution paid to the Recipient hereunder in the following proportions: Where Project asset is sold, transferred, assigned, pledged, leased, encumbered or disposed of: Repayment of Contribution (in current dollars) Within 2 Years after Substantial Completion 100% Between 2 and 6 Years after Substantial Completion 55% 6 Years after Substantial Completion 0% 14.2 At any time during the six (6) years following the date the Project is Substantially Completed, the Recipient agrees to notify the Minister in writing of any transaction triggering the above - mentioned repayments, at least ninety (90) days in advance. 15. Miscellaneous 15.1 The Recipient represents and warrants that no member of the House of Commons or Senate of Canada shall be admitted to any share or part of this Agreement or to any benefit arising from it, that are not otherwise available to the general public. 15.2 The Recipient confirms that no current or former public servant or public office holder, to whom the Values and Ethics Code for the Public Service, the Values and Ethics Code for the Public Sector, the Policy on Conflict of Interest and Post - Emplovment or the Conflict of Interest Act applies, shall derive direct benefit from the Agreement, including any employment, payments or gifts, unless the provision or receipt of such benefits is in compliance with such codes and the legislation. Where the Recipient employs or has a major shareholder, who is either a current or former (in the last twelve (12) months) public office holder or public servant in the federal government, the Recipient shall demonstrate compliance with these codes and the legislation. Page 17 01'36 Recipient Name: City of Niagara Falls Project No: C1497 15.3 The Recipient represents and warrants that: (a) it has not paid, nor agreed to pay to any person, either directly or indirectly, a commission, fee or other consideration that is contingent upon the execution of this Agreement, or upon the person arranging a meeting with a public office holder; (b) it will not pay, nor agree to pay to any person, either directly or indirectly, any commission, fee or other consideration that is contingent upon the person arranging a meeting with a public office holder; (c) it is and any persons who are or have been engaged by the Recipient to communicate or arrange meetings with public office holders, regarding the Project or this Agreement, are in full compliance with all requirements of the Lobbying Act; and (d) any persons who may be engaged by the Recipient to communicate or arrange meetings with public office holders, regarding the Project or this Agreement, will at all times be in full compliance with the requirements of the Lobbying Act. 15.4 The Recipient acknowledges that the representations and warranties in this section are fundamental terms of this Agreement. In the event of breach of these, the Minister may exercise the remedies provided under Subsection 13.3. 16. General 16.1 Debt due to Canada. Any amount owed to Her Majesty under this Agreement shall constitute a debt due to Her Majesty and shall be recoverable as such. Unless otherwise specified herein, the Recipient agrees to make payment of any such debt forthwith on demand. 16.2 Interest. Debts due to Her Majesty will accrue interest in accordance with the Interest and Administrative Charges Regulations, in effect on the due date, compounded monthly on overdue balances payable, from the date on which the payment is due, until payment in full is received by Her Majesty. Any such amount is a debt due to Her Majesty and is recoverable as such. 16.3 Set -Off. Without limiting the scope of set -off rights provided in the Financial Administration Act, the Minister may set off against the Contribution, any amounts owed by the Recipient to Her Majesty under legislation or contribution agreements and the Recipient shall declare to the Minister all amounts outstanding in that regard, when making any claim under this Agreement. Page 18 of 36 Recipient Name: City of Niagara Falls Project No: C1497 16.4 16.5 No Assignment of Agreement. Neither this Agreement nor any part thereof shall be assigned by the Recipient, without the prior written consent of the Minister. Annual Appropriation. Payment by the Minister of amounts due under this Agreement shall be conditional on there being a legislated appropriation for the Fiscal Year in which the payment is to be made. The Minister shall have the right to terminate or reduce the Contribution, in the event that the amount of the appropriation is reduced or denied by Parliament. In the event that any portion of the Contribution has been paid to the Recipient and the legislated appropriation for the Fiscal Year in which such payment is made is not obtained, the Minister shall have the right to recover the amount so paid from the Recipient. 16.6 Successors and Assigns. This Agreement is binding upon the Recipient, its successors and permitted assigns. 16.7 Confidentiality. Subject to the Access to Information Act (Canada), the Privacy Act, the Library and Archives Act of Canada and Section 9.0 of this Agreement, the Parties shall keep confidential and shall not disclose the contents of this Agreement or the transactions contemplated hereby, without the consent of all Parties. 16.8 Governing Law. This Agreement shall be subject to and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 16.9 Dispute Resolution. If a dispute arises concerning the application or interpretation of this Agreement, the Parties shall attempt to resolve the matter through good faith negotiation, and may, if necessary and the Parties consent in writing, resolve the matter through mediation or by arbitration, by a mutually acceptable mediator or arbitrator in accordance with the Commercial Arbitration Code set out in the schedule to the Commercial Arbitration Act (Canada), and all regulations made pursuant to that Act. 16.10 No Amendment. No amendment to this Agreement shall be effective unless it is made in writing and signed by the Parties hereto. 16.11 No Agency. No provision of this Agreement or action by the Parties will establish or be deemed to establish any partnership, joint venture, principal -agent or employer - employee relationship in any way, or for any purpose, between Her Majesty and the Recipient, or between Her Majesty and a third party. The Recipient is not in any way authorized to make a promise, agreement or contract and to incur any liability on behalf of Her Majesty, nor shall the Recipient make a promise, agreement or contract and incur any liability on behalf of Her Majesty, and shall be solely responsible for any and all payments and deductions, required by the applicable laws. 16.12 No Waiver. Any tolerance or indulgence demonstrated by one Party to the other, or any partial or limited exercise of rights conferred on a Party, shall not constitute a waiver of rights, and unless expressly waived in writing the Parties shall be entitled to exercise any right and to seek any remedy, available under this Agreement or Page 19 of 36 Recipient Name: City of Niagara Falls Project No: C 1497 otherwise at law. Either Party may, by notice in writing, waive any of its rights under this Agreement. 16.13 Public Dissemination. All reports and other information that the Minister collects, manages or has a right to receive or produce in accordance with this Agreement, or that the Recipient collects, creates, manages and shares with the Minister, shall be deemed to be "Canada Information ". The Minister shall have the right, subject to the provisions of the Access to Information Act, to release to the public, table before Parliament, or publish by any means, any Canada Information, including such excerpts or summaries of the Canada Information as he may, from time to time, decide to make. 16.14 No conflict of interest. The Recipient and its consultants and any of their respective advisors, partners, directors, officers, shareholders, employees, agents and volunteers shall not engage in any activity where such activity creates a real, apparent or potential conflict of interest in the sole opinion of the Minister, with the carrying out of the Project. For greater certainty, and without limiting the generality of the foregoing, a conflict of interest includes a situation where anyone associated with the Recipient owns or has an interest in an organization that is carrying out work related to the Project. 16.15 Disclose potential conflict of interest. The Recipient shall disclose to the Minister without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 16.16 Severability. If for any reason a provision of this Agreement that is not a fundamental term of the agreement between the Parties is found to be or becomes invalid or unenforceable, whether in whole or in part, such provision or part thereof declared invalid or unenforceable shall be deemed to be severable and shall be deleted from this Agreement and all remaining terms and conditions of this Agreement will continue to be valid and enforceable. 17. Notice 17.1 Any notice, information or document required under this Agreement shall be effectively given, if delivered or sent by letter or facsimile (postage or other charges prepaid). Any notice that is delivered shall be deemed to have been received on delivery; any notice sent by facsimile shall be deemed to have been received one (1) working day after being sent, any notice that is mailed shall be deemed to have been received eight (8) calendar days after being mailed. 17.2 Any notice or correspondence to the Minister shall be addressed to: Federal Economic Development Agency for Southern Ontario 151 Yonge Street, 3rd Floor Toronto, ON M5C 2W7 Attention: Community Infrastructure Improvement Fund Page 20 or 36 Recipient Name: City of Niagara Falls Project No: C1497 or to such other address, as is designated by the Agency in writing. 17.3 Any notice or correspondence to the Recipient shall be addressed to: 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 17.4 Each of the Parties may change the address, which they have stipulated in this Agreement by notifying in writing the other party of the new address, and such change shall be deemed to take effect fifteen (15) calendar days after receipt of such notice. 18. Special Conditions 18.1 As a condition precedent to initial disbursement, the Recipient agrees to provide the Minister an officer's certificate executed by an officer of the Recipient in the form prescribed by the Minister which includes certified copies of the Recipient's constating documents, by -laws and the resolution authorising the entering into of this Agreement. Page 21 of 36 Recipient Name: City of Niagara Falls Project No: C1497 19. Acceptance The Recipient agrees that unless the Minister receives a duly executed duplicate copy of this Agreement within thirty (30) calendar days of the date of execution by the Minister, this Agreement is revocable at the discretion of the Minister. IN WITNESS WHEREOF the Parties hereto have executed this Agreement through authorized representatives. Project No.: C1497 HER MAJESTY THE QUEEN IN RIGHT OF CANADA Per: Date: Federal Economic Development Agency for Southern Ontario RECIPIENT Per: Date: I have authority to bind the Recipient. Per: Date: I have authority to bind the Recipient. Page 22 of 36 Recipient Name: City of Niagara Falls Project No: C1497 Annex 1 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND STATEMENT OF WORK Recipient: City of Niagara Falls Project Title: Redevelopment of Prince Charles Park Project Location: 6360 Arad Street, Niagara Falls L2G 2Z7 PROJECT DESCRIPTION: Work will include: 1. Replacement of the roof on the building housing the lifeguard office and change rooms; 2. Installation of a liner in the outdoor public swimming pool; 3. Convert the wading pool into a spray pad; 4. Resurface and re -line tennis courts, and replace fencing; and 5. Replacement of playground equipment. Estimated date of commencement: 1/7/2013 Estimated date of Substantial Completion: 7/31/2013 FEDERAL CONTRIBUTION BY FISCAL YEAR 2012/2013 2013/2014 Total $20,000 $233,000 $253,000 Page 23 of 36 Recipient Name: City of Niagara Falls Please Note: Project No: C1497 PROJECT COSTS AND FINANCING: Planning /Design/ Engineering Repair Construction Project Management Other Contingency $421,000 $7,000 $0 $45,000 FedDev Contribution Other Federal Contribution $0 0.0°% Recipient Contribution $253,000 50.0% Other (specify source) Other (specify source) $0 $0 $0 0.0% 0.0% 0.0% Total Financing $506,000 100.0% 1) Eligible Costs include the amount of the harmonized sales tax (HST), net of any refund or eligible credits due from the Canada Revenue Agency 2) The list of ineligible components shown is not exhaustive. For more information on ineligible costs, see Annex 3. Page 24 of 36 Total Eligible Costs $506,000 Total Government Contributions $506,000 Estimated Investment Tax Credits $0 Contribution subject to Stacking % 5506,000 Stacking % 100.0% Stacking Limit 100°% 1) Eligible Costs include the amount of the harmonized sales tax (HST), net of any refund or eligible credits due from the Canada Revenue Agency 2) The list of ineligible components shown is not exhaustive. For more information on ineligible costs, see Annex 3. Page 24 of 36 Recipient Name: City of Niagara Falls Project No: C1497 Annex 2 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND ENVIRONMENTAL MITIGATION MEASURES Recipient: City of Niagara Falls Project Number: C1497 Project Location: 6360 Arad Street Niagara Falls, L2G 2Z7 Not applicable. Page 25 of 36 Recipient Name: City of Niagara Falls Project No: C1497 Annex 3 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND COSTING GUIDELINE MEMORANDUM 1.0 General Conditions 1.1 Costs are Eligible Costs for the purposes of this Agreement only if they are, in the opinion of the Minister, (a) directly related to the intent of the Project, (b) reasonable, (c) appear in Annex 1 - Statement of Work, (d) incurred in respect of activities, which are incremental to the usual activities of the Recipient, and (e) constitute Eligible Costs as defined in Section 2.0 of this Annex. 1.2 Costs submitted for reimbursement must be net of any refund or eligible tax credits (including HST). In order to have the HST approved as an Eligible Cost, the Recipient will be required to provide documentation verifying the organization's status under the relevant tax legislation. 2.0 Eligible Costs Eligible Costs may only include the following: a) project costs incurred and paid between the Eligibility Date and the Program Completion Date; b) fees paid to professionals, technical personnel, consultants and contractors specifically engaged for the purpose of the Project; c) costs of environmental assessments, mitigation measures, monitoring, and follow -up programs as required by the Canadian Environmental Assessment Act, 2012 or equivalent legislation; d) costs of any public announcement and official ceremony, or of any temporary or permanent signage as further described in Subsection 2.2 below; Page 26 of 36 Recipient Name: City of Niagara Falls Project No: C1497 e) other costs that are considered to be direct and necessary for the successful implementation of the Project and that have been approved in advance, and in writing, by the Minister; and f) for Local Governments and First Nations government, incremental costs listed in Subsection 2.1 below. 2.1 Employee, Material and Equipment costs While these costs are not normally eligible for reimbursement, the incremental costs of the Recipient's employees, materials or equipment may be included in its Eligible Costs under the following conditions: a) the Recipient is a Local Government or a First Nation's government; and b) the Recipient satisfies the Minister that it is not economically feasible to tender a contract; and c) employees, material or equipment are employed directly in respect of the work that would have been the subject of the contract; and d) costs are approved in advance and in writing by the Minister, and are included in Annex 1 — Statement of Work. 2.2 Communications a) For the purposes of events, Eligible Costs include the following: • Printing and mailing invitations • Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks • Project material for display and/or media kit • Signage • Rentals such as: flagpoles, stage, chairs, podium, PA system b) For the purposes of Project signage, Eligible Costs include reasonable costs incurred to produce a small, medium or large interior /exterior sign. 3.0 Ineligible Costs Costs related to the following items are ineligible costs: a) Project Costs incurred before the Eligibility Date and after Program Completion Date; b) services or works that, in the opinion of Canada, are normally provided by the Recipient or a related party; c) salaries and other employment benefits of any employees of the Recipient except as indicated in Subsection 2.1 above; Page 27 of 36 Recipient Name: City of Niagara Falls Project No: C1497 d) the Recipient's overhead costs, its direct or indirect operating or administrative costs, and more specifically, its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff; e) fees for administrators, including payments to any member or officer of the Recipient's Board of Directors; f) cost of feasibility and planning studies; g) taxes for which the Recipient is eligible for a tax rebate and all other costs eligible for rebates; h) any loan interest or other finance charges; i) cost of land or any interest therein (including easements), and related costs; j) legal fees; k) moveable equipment, including motorized vehicles such as ice resurfacing machines, snow groomers, and ATV's; 1) the value of any goods and services which are received through donations or in kind; m) costs for food and entertainment except as indicated in Subsection 2.2 above; and n) for the purposes of communications events, Ineligible Costs include the following: alcoholic beverages, china, waiters, guest mileage or transportation, wine glasses, lamps, tea wagons, plants, gifts, and honorariums. Page 28 of 36 Recipient Name: City of Niagara Falls Project No: C1497 Annex 4 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND DIRECT DEPOSIT AUTHORIZATION U Ag' Federal Economic Development Agence ffderale de deveioppement Canada, Agency for Southern Ontario economies pour le Sud de l'Ontano Recipient Name: FEDDEV Project Number: Direct Deposit: Progress and final disbursements of assistance can be deposited directly in below- mentioned bank account. Do you wish to take advantage of this service? No Yes If yes, please provide an Accounts Receivable: Contact name: Telephone Number: Email Address: Name of Account Holder(s) (If different from above) Please attach a voided cheque. If you are not providing a voided cheque, please have the following completed and confirmed by your financial institution: Branch No.: Institution No.: Account No.: Name(s) of Account Holder(s): Financial Institution: Address: Telephone No.: If I /we have checked YES for the Direct Deposit Service, I /we hereby authorize the Federal Economic Development Agency for Southern Ontario to credit the bank account identified above. RECIPIENT Signature of Authorized Signing Officer(s) Date Page 29 of 36 Recipient Name: City of Niagara Falls Project No: C1497 Annex 5 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND PROGRESS REPORT All claim submissions for the Project must include a completed copy of this form. Recipient Name: Project Number: Claim Number: Please answer the following with each report Yes No Explanation 1. Are all aspects of the Project activity on schedule? 2. Will the Project be complete on or before the estimated date of substantial completion stated in Annex 1 of your agreement? 3. Is the cash flow forecast in Annex 1 of your agreement still accurate? __I 4. Has there been any change to the scope of work since your last progress report? If yes, please provide an explanation. - 5. Would a discussion with an Agency representative be beneficial now? 6. Percentage of repair / construction work completed as of this submission: 7. Date of sign installation: The Recipient confirms that the above information is complete, true and correct; and reiterates and confirms the representations made in Subsection 8.1 of the Contribution Agreement as of the date hereof. RECIPIENT Per: Page 30 of 36 Date: Recipient Name: City of Niagara Falls Project No: C1497 Annex 6 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND Final Review Form Final submission for the Project must include this form as well as a copy of the Community Infrastructure Improvement Fund (CIIF) Final Report and the Statement of Total Government Assistance. Recipient Name: Project Number: Please complete all sections. A. Project Summary 1. The Project was Substantially Completed on (Date) 2. Has your CIIF Project experienced any variances either in project scope, budget or schedule? Yes No If Yes, please provide details: 3. Have all costs claimed been paid to the suppliers? Yes No If no, please provide details: 4. Have all costs been claimed at actual arm's length cost or at fair market value, net of any refunds or other consideration provided by any supplier? Yes No 5. Are there any present or potential liens or claims known to you, which could put the ownership of Project assets at risk? Yes No If yes, who is this party? Page 31 of 36 Recipient Name: City of Niagara Falls Project No: C1497 6. Is the Project in compliance with environment protection measures, which satisfy the requirements of all regulatory bodies of appropriate jurisdiction? Yes No 7. Have all special and general conditions stated in the Contribution Agreement been satisfied? Yes No 8. Have you disposed of, leased to other parties or ceased to use in the operation any Project assets? Yes No 9. Have you spent the entire Contribution amount approved? Yes No B. Project Benefits Provide a detailed description of the benefits arising from the Project. Benefits to the Community: Economic Impact (additional economic activity, spin off impacts for community): Any other relevant information: Page 32 of 36 Recipient Name: City of Niagara Falls Project No: C1497 C. Communication Requirements Please confirm that the signage requirements have been met: ❑ Appropriate Sign installed D. Project Certification I of the Recipient, certify that I have examined the Community Infrastructure Improvement Fund Contribution Agreement for the above Project and that the above responses are true and correct. Name: Title: Date Ensure the following documents are included with this report: Final Report Statement of Total Government Assistance Page 33 of 36 N d z z >, z COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND c © O O O O O 0 0 0 EA EA EA Gross Project Total / rojet Brut Total 1 Less H.S.T. Rebate / Moins emboursement de la T.V.H. Net Project Total/ Projet Net Total Project Start Date / Date du debut du projet 00 00 00 0 O d O O 6R 6R 6R 69 Planning, Design, Engineering / Planification, conception et ingenerie Repair, construction / Reparation, construction, Project Management / Gestion de projet Miscellaneous / Divers c Recipient Name: City of Niagara Falls Project No: C1497 Annex 8 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND Statement of Total Government Assistance Recipient File Number Approved Eligible Costs Funding Sources Amount Federal (CIIF) $ Recipient $ Other Sources of Funds/Revenue $ $ $ TOTAL $ I hereby certify that the above summary of eligible costs includes only costs paid and properly chargeable to CIIF; the amounts listed in "Other Sources of Funds / Revenue" represents all provincial and federal funding (with exception of the CIIF funding) and any contribution from developers or other sources received or receivable, applicable to the above project. Name, Title: Signature: Date: Page 35 of 36 Recipient Name: City of Niagara Falls Project No: C 1497 Annex 9 ABORIGINAL CONSULTATION PROTOCOL 1.0 Definitions For the purposes of this Annex: "Aboriginal Communities" includes the Indian, Inuit and the Metis peoples of Canada or any other group that has legally been recognized as holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. 2.0 Responsibilities of the Recipient 2.1 The Recipient shall immediately notify the Agency: (i) of contact by any Aboriginal Communities regarding the Project; or (ii) if any Aboriginal archaeological resources are discovered in the course of the Project, and in either case, the Agency may direct the Recipient to take such actions, including without limitation suspension of the Project, as the Agency may require. The Recipient shall comply with the Agency's direction. 2.2 The Recipient shall provide in any contracts with third parties for the Recipient's right and ability to respond to direction from the Agency as the Agency may provide in accordance with Subsection 2.1. Page 36 of 36 CITY OF NIAGARA FALLS By-law No. 2013 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12`h day of February, 2013. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 12`h day of February, 2013 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twelfth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 12, 2013 February 12, 2013 February 12, 2013