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2013/02/26Niagaraa11s ,a COUNCIL MEETING February 26, 2013 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of February 12, 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 Capital Budget 1. TS- 2013 -14 - 2013 Parking Services 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. Emergency 2 -1 -1 Rosanna Thoms, Project Lead, Executive Director, 211 Central South, Information Niagara will make a presentation regarding the 2 -1 -1 service. -AND- * * * * * AN D- F- 2013 -01, Emergency Information Call Centre 2 Ben Schweitzer & Russell Sanderson Mayor James M. Diodati will recognize Mr. Ben Schweitzer and Mr. Russell Sanderson, whose 1962 Niagara Gorge rescue was recently highlighted in the Niagara Falls Review. PLANNING/ BATTLEFIELD MATTERS Public Meeting AM- 2012 -002, Zoning By -law Amendment Application 6015 Barket Street Applicant: City of Niagara Falls Proposed 30 Unit Apartment Building, Expanded Parking Lot and Municipal Park Background Material: Recommendation Report: PBD- 2013 -18 -AND- L-2013-09 - Declaration of Surplus (Morgan /Morse & Son) Portion of 6015 Barker Street. L- 2013 -10 - Declaration of Surplus, Portion of 6015 Barker Street (School) -AND - Various Correspondences, which have been produced under separate cover for ease of use. REPORTS R &C- 2013 -06 - Waiving of Chippawa Willoughby Arena Rental Fee MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Mayor's Youth Advisory Committee - requesting 25 cent bus rides during the week of March Break. RECOMMENDATION: For the consideration of Council. - 3 - 2. Canadian National Autism Fund - requesting that April 2"d be proclaimed as " World Autism Awareness Day" and related requests, including a flag- raising. RECOMMENDATION: For the approval of Council. 3. City of Welland - requesting that the NHS refrain from making any decision with respect to moving Maternal & Child Care Services and Paediatrics until the new hospital in St. Catharines has been operational for six months. RECOMMENDATION: For the consideration of Council. 4. Victoria Centre BIA - requesting that $60,000 be committed to streetscaping in this year's budget. RECOMMENDATION: Refer to budget. 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. F- 2013 -14 - Municipal Accounts F- 2013 -15 - Major Receivables Monthly (January) L- 2013 -06 - Niagara Catholic District School Board Licence Agreement with the City 2999 Dorchester Road. PBD- 2013 -19 - PLC - 2013 -002, Request for Removal of Part Lot Control Lots 65 to 87 Inclusive, Plan 59M -384. Deerfield Estates Phase 9 Subdivision. Developer: River Realty Development (1976) Inc. PBD- 2013 -20 - PLC - 2013 -002, Request for Removal of Part Lot Control, Block 113, Plan 59M -379. 9484 -9500 Eagle Ridge Drive, Fernwood Phase 2 Subdivision. Applicant: Mountainview Homes TS- 2013 -01 - Playground Signs TS- 2013 -10 - Foreman Avenue at Woodsview Crescent, Foreman Avenue at Harvest Crescent Intersection Control Review 4 TS- 2013 -11 -BUSU - Transportation Contract Extension TS- 2013 -12 - Award of WEGO Advertising Tender - RFP10 -2013 RESOLUTIONS THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls commends the Federal Government for the new regulations but respectfully forwards the following requests: • that law enforcement, fire officials and municipalities be allowed to comment on applications for commercial production sites prior to their issuance; and • that commercial production sites require compliance with local regulations; and • that there be a requirement that the municipality receive notification of all properties previously associated with licences to grow so that future occupants /purchasers of these buildings are afforded the same level of protection as those whom purchase or occupy buildings that housed "illegal" grow ops; and • that the new regulation require that properties be remediated when medical marihuana production ceases. ADDITIONAL PROPERTY MATTERS Mayor Diodati will request whether there is anyone present that has an interest respecting the property matter. L- 2013 -04 - Declare Surplus, Part 6 on Reference Plan 59R -7160. RATIFICATION OF "IN CAMERA" MATTERS BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2013 -20 A by -law to designate Lots 65 to 87 inclusive of Registered Plan 59M -384, not be subject to part -lot control (PLC- 2013 -002). 2013 -21 - 5 - A by -law to declare part of Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls as shown on the attached, in the City of Niagara Falls, Regional Municipality of Niagara, surplus. 2013 -22 A by -law to declare part of Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls as shown on the attached, in the City of Niagara Falls, Regional Municipality of Niagara, surplus. 2013 -23 A by -law to designate Block 113, Registered Plan 59M -379, not be subject to part-lot control (PLC- 2013 -003). 2013 -24 A by -law to amend By -law No. 79 -200, to rezone the Lands to a site - specific R5A zone to permit the conversion of an existing building to a 30 unit apartment dwelling (AM- 2012 -002). 2013 -25 A by -law to amend By -law No. 79 -200, to rezone the Lands to OS for park purposes (AM- 2012 -002). 2013 -26 A by -law to amend By -law No. 79 -200, to rezone the Lands to GC (H) to permit the expansion of an adjoining parking lot (AM- 2012 -002). 2013 -27 A by -law to amend By -law No. 2008 -107, which amended By -law No. 79 -200, to permit 8,400 square metres of retail stores with minimum gross leasable floor areas of 1,390 square metres and to permit a reduction in aisle widths on lands zoned SC -832 (AM- 2012 -015). 2013 -28 A by -law to amend By -law No. 2008 -108, which amended By -law No. 79 -200, to permit 8,400 square metres of retail stores with minimum gross leasable floor areas of 1,390 square metres and to permit a reduction in aisle widths on lands zoned SC -833 (AM- 2012 -015). 2013 -29 A by -law to amend By -law No. 79 -200, to change the zoning of the Lands to a site specific R2 zone, to add a bed and breakfast to the list of permitted uses and to allow one tandem parking space (AM- 2012 -016). 2013 -30 A by -law to amend By -law No. 79 -200, to permit an amusement establishment on the Lands and exempt this use from parking requirements (AM- 2012 -017). - 6 - 2013 -31 A by -law to amend By -law No. 79 -200, to permit an amusement establishment on the Lands and exempt this use from parking requirements (AM- 2012 -017). 2013 -32 A by -law to amend By -law No. 79 -200, to permit the construction of a four storey, 160 unit apartment dwelling (AM- 2012 -018). 2013 -33 A by law to delegate to the Regional Municipality of Niagara the power to prohibit or regulate the harvesting, destruction or injuring of a significant tree on private lands within the City of Niagara Falls. 2013 -34 A by -law to authorize certain capital works of the Corporation of the City of Niagara Falls (The "Municipality "); to authorize the submission of an application to the Ontario Infrastructure and lands Corporation ( "OILC ") for financing such works and certain other ongoing works; to authorize temporary borrowing from OILC to meet expenditures made in connection with such works; and to authorize long term borrowing for such works through the issue of debentures by the Regional Municipality of Niagara (The "Upper -Tier Municipality ") to OILC. ( HAND -OUT) 2013 -35 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) 2013 -36 A by -law to authorize the execution of an Agreement with the United Steel Workers Local 14241 respecting the Adopt -A- Program public service program for volunteers. 2013 -37 A by -law to authorize the execution of an Agreement with the Steckley Family and Friends respecting the Adopt -A- Program public service program for volunteers. 2013 -38 A by -law to authorize the payment of $23,635,134.26 for General Purposes. 2013 -39 A by -law to declare Parcel A -1 Section M -78; Part of Block A Plan M -78 designated as Part on Reference Plan 59R -7160, in the City of Niagara Falls, surplus. 2013 -40 A by -law to authorize the execution of an Agreement of Purchase and Sale with Giovanni Merenda, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2013 -41 A by -law to authorize the execution of an Agreement of Purchase and Sale with Morgan Commemorative Services Limited, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2013 -42 A by -law to authorize the execution of an Agreement of Purchase and Sale with Stamford Kiwanis Non - Profit Homes Inc., respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. - 7 - 2013 -43 A by -law to authorize the execution of a Licence Agreement with the Niagara Catholic District School Board, respecting the use of City -owned lands for parking and the placement of portable classroom units. 2013 -44 A by -law to authorize the execution of an Agreement of Purchase and Sale, respecting the purchase of certain lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2013 -45 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26th day of February, 2013. NEW BUSINESS Niagarapall A 1 U s 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 -14 2013 Parking Services Budget TS- 2013 -14 February 26, 2013 RECOMMENDATION 1) That Council approve the 2013 Parking Services Operating and Capital Works budget as presented. 2) Develop an event -based parking rate program for the tourist core area. 3) Undertake a Municipal Parking Lot Rationalization Review EXECUTIVE SUMMARY At it's meeting January 22, 2013, Council approved report # TS- 2013 -08 which outlined a new parking rate structure /philosophy to ensure the Municipal Parking System operates as a self- sustaining operation with no contributions from the tax base. In addition, Council approved the following recommendations to be undertaken and completed this year: 1) The 10 -Year Parking Capital Infrastructure Action Plan be referred to the Parking Budget 2) Undertake a service delivery review of the Parking Control Operation 3) Evaluate Cash -in -Lieu Policy /Program to determine it's viability With a history of more than 45 years of being a self- sustaining fund not all costs associated with the parking operation have been captured in past budgets. Moving forward as a stand -alone budget, it will capture all costs associated with the operation and not burden the tax supported operation budget. Funds will be allocated on the basis of overhead expenses (including a percentage of the Director's salary), property taxes (payment in lieu) and an on- street maintenance expense (to offset costs associated with on- street paid parking maintenance). It is anticipated that on a yearly basis approximately $200,000 to $300,000 will be transferred to the tax supported Operations Budget. For 2013, the Parking Services Capital budget will include: 1) The purchase of new and the upgrade of existing pay and display machines to address the issue of the new $1.00 and $2.00 coins introduced mid 2012 as well as the new credit card security protocols. February 26, 2013 -2- TS- 2013 -14 2) Minor lot improvements such as crack sealing etc. to several parking lots to extend their life as well as increase public safety and reduce City liability. 3) A carry over project from 2012 for the replacement of handheld ticketing devices will also be completed. BACKGROUND Over the past several months, Staff have undertaken a City Wide Review of the Parking Operation. In 1966, The City of Niagara Falls established the Parking Reserve Fund, which is still in existence today. The Parking Reserve Fund was established as a self - sustaining fund, in which parking related expenditures are offset by revenues generated. The development of a ten -year Parking Capital Infrastructure Program has revealed leaving parking rates at their current levels (do nothing approach), will result in the need to supplement the parking operation with tax supported funds by 2014. Therefore staff reviewed the entire parking operation including current parking rates as compared to similar operations in the region. The program being recommended is fiscally responsible and will provide a sustainable solution that will maintain the user pay system. During the presentation of report TS- 2013 -02 City Wide Parking Review on January 8, 2013, staff requested that Council approve rate increases in all aspects of parking based on the needs of the parking operation and maintaining the assets associated with parking. The rates presented where calculated according to the needs of the Parking Reserve Fund and the standard parking rate compared to surrounding municipalities. Council requested that staff survey a broader spectrum of parking rates in Southern Ontario to determine if the rates presented were in line with other municipalities. Staff contacted 13 communities in Southern Ontario requesting information on existing rates for on- street parking, municipal lot hourly rates and municipal lot monthly parking rates. The accumulated data resulted in staff determining the average on street parking rate in Southern Ontario is $1.50 per hour and monthly permit rates ranged from $40.00 per month to a high of $110.00 per month with an average monthly parking permit of $48.00 per month. To best apply the comparable rate to the City of Niagara Falls, staff determined that spreading the rate adjustments over the next three years would best suit the needs of the community without affecting the public parking demand. The rates presented would bring the City of Niagara Falls in line with the surrounding communities and those of southern Ontario by 2015 and further review of rates would be conducted annually as part of the Guiding Principles. This base rate increase allows the parking operations to maintain its existing practice of being a self- sustaining operation free of tax supported funds. A few areas existed within the parking operation with minimal tax support such as enforcement could now be February 26, 2013 -3- TS- 2013 -14 allocated to the parking operations budget along with administrative overhead and associated taxes to be truly self sustaining. The 2013 rate increases have been estimated based on existing customer turnover of monthly permit users and casual use in all Municipal parking lots. The proposed budget revenue also identifies standard levels of off street occupied parking stalls by customers for the 2013 budget. To account for any minor variation in usage by patrons due to the rate increase, the overall parking revenue budget incorporates an 8% differential from standard 2012 usage at the new rates. ANALYSIS /RATIONALE The principles of the user pay philosophy for parking have been in place for more than 45 years. Since then not all costs associated with the parking operation have been captured. This plan captures all operating and capital costs related to the operation. On this basis the establishment of a stand alone parking budget would be best suited for this operation. Guiding Principals The User Pay system is based on the Guiding Principles: Ensure that the Municipal Parking System operates as a self- sustaining operation with no contributions from the tax base Promote sustainability and encourage transit ridership, monthly parking rates should be at least the cost of an Adult monthly transit pass In order to meet the needs of a successful Transit Master Plan, parking requirements should not exceed 90% of the parking demand Parking rates and parking fines should be reviewed on an annual basis through a rate review process with includes a comparison analysis of previous and current annual revenues and occupancy levels Contribute all of the annual net funds (after all debt services) to the Parking Reserve Fund to maintain and replace assets Financial forecasts should be reviewed annually and adjusted to meet the public demand on parking and continue to be in line with rates of surrounding municipalities and those of similar demographics in Southern Ontario. Consider using development charge funds for the establishment of new parking facilities BIA's request for free parking requires that lost revenue to be offset by the associated BIA FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Rate Stabilization Plan provides the basis on which the Parking Services Operation will be able to maintain its user pay, self- sustaining philosophy. The rate stabilization criteria will be reviewed annually to ensure that the parking reserve fund levels are maintained as outlined in the guiding principles. It is anticipated that on a yearly basis February 26, 2013 -4- TS- 2013 -14 approximately $200,000 to $300,000 will be transferred to the tax supported Operations Budget. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, continue the parking operations user -pay philosophy through the development and implementation of a 10 -Year Parking Capital Infrastructure Program and Rate Stabilization Plan. LIST OF ATTACHMENTS Proposed 10 Year Parking Action Plan Municipal Parking Services System Financial Outlook - 10 Year Projection Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer P. Brown S: \General Administration \GA 1.01 Reports\2013 Council\2 Feb 26 \TS- 2013 -14 2013 Parking Services Budget.wpd Proposed 10 Year Parking Action Plan* Timing Improvement Action Required Estimated Cost 2013 Modify parking rates for all onstreet and off street parking Present 10 Year Parking Plan to Council identifying existing revenue streams and results of limited funds due to lot redevelopment and upkeep $ 2012 -2013 Purchase of new enforcement ticket devices New handheld ticketing units for officers - improve enforcement practices, reduce errors and increase customer service $ 80,000.00 2013 Implement Paid Parking in Main Street/Drummonville area Installation of Pay & Display machines in lots #12, #13,& #14 rates to be lower as introductory and increase to match similar city standards (i.e. Queen Street) $ - 2013 Pay &Dis la replacements y Display p upgrades for new 2012 coins and Credit card security measures $ 150,000.00 2013 Pay &Dis la upgrades y Display pg upgrades for new 2012 coins and Credit card security measures $ 25,000.00 2013 LOT # 5 improvement Minor resurfacing work, Crack Sealing and curbing $ 12,000.00 2013 LOT # 13 improvement Minor resurfacing work, Crack Sealing and curbing $ 13,000.00 2013 LOT # 14 improvement Minor resurfacing work, Crack Sealing and curbing $ 13,000.00 2013 LOT # 17 (carry over payment) ( ry p y ) work completed. Capital work amount to be paid. $ 50,000.00 2014 LOT # 2 improvements p Design phase of Lot #2 combining the 2 aspects of the lot currently separated by old railroad into a full municipal lot to maximize space and effeciency $ 51,500.00 Proposed 10 Year Parking Action Plan` Timing Improvement Action Required Estimated Cost 2014 Improvements of Lot # 7 - Huron and Ontario Site review and examination of current condition and /or drainage issues. Resurface lot. $ 132,000.00 2014 Lot #15 resurfacing and upgrades Resurface of Lot #15 - removal of top grade of asphalt and replace with new surfacing. Correct any fencing, machine base or sign damage $ 47,000.00 2015 improvements to Lot 8 site review and examination of current condition and /or drainage issues. Removal of old guardrails and meter posts. Resurface lot. $ 67,500.00 2015 improvements to Lot 9 site review and examination of current condition and /or drainage issues. Removal of old guardrails and meter posts. Resurface lot. $ 43,000.00 2015 development of Lot # 12 Pulverize existing surface, improve drainage, add a support wall if required, installation and grading $ 150,000.00 2015 Redevelopment and upgrade municipal Lot #3 Redesign Lot #3 (high turnover) to maximize available parking by expanding eastern section of lot. Redesign to provide increase parking accessibility. $ 150,000.00 2016 Pay & Display replacement Replace machines based on the standard 10 year life expectancy $ 67,200.00 2016 LOT # 12 redevelopment Final resurfacing, guardrail installation, space markings. $ 250,000.00 2016 LOT #19 redevelopment changes to lot due to park construction making LOT 19 (formerly Erie Ave) 2 way traffic as access from Queen to be closed off • $ 150,000.00 Proposed 10 Year Parking Action Plan* Timing Improvement Action Required Estimated Cost 2017 Maintenance of LOT # 4 Resurfacing of Lot #4 - high volume lot during tourist season. Resurface scheduled to reduce major surface damage over long term. $ 29,500.00 2017 Pay &Dis la replacement y Display p Replace machines based on the standard 10 year life expectancy $ 69,216.00 2017 Lot # 2 redevelopment rebuild of LOT # 2 based on previous design phase - removal of railway track separation $ 100,000.00 2017 upgrade to ticket management system and permit system upgrade to the office system to meet the changing needs of the departments ticket management and permit tracking system $ 80,000.00 2018 Pay &Dis la replacement y Display p Replace machines based on the standard 10 year life expectancy $ 71,292.48 2018 LOT # 1 resurface surface work on LOT #1 to bring to Municipal standards (gravel lot to Asphalt) $ 126,000.00 2018 Lot # 2 redevelopment p Final resurfacing, guardrail installation, space markings. $ 109,000.00 2019 Pay & Dis la replacement y p y re p Replace machines based on the standard 10 year life expectancy $ 146,862.51 2019 LOT # 10 Resurfacing Resurface Lot #10 - remove top grade of asphalt and replace with new. Correct any guardrail or sign damage. $ 300,000.00 Proposed 10 Year Parking Action Plan* Timing Improvement Action Required Estimated Cost 2020 Pay & Display replacement Replace machines based on the standard 10 year life expectancy $ 151,268.38 2020 LOT # 18 resurfacing Asphalt resurfacing correct drainage and repair guardrails $ 221,760.00 2021 LOT # 13 resurfacing Resurface Lot #13 - remove top grade of asphalt and replace with new. Correct any guardrail or sign damage. $ 118,000.00 2021 Pay & Display replacement Replace machines based on the standard 10 year life expectancy $ 155,806.44 2022 Replace Enforcement Handheld Ticketing Devices Replace machines based on the standard 8 year life expectancy. $ 80,000.00 2022 LOT #20 resurfacing Resurface Lot #20 - remove top grade of asphalt and replace with new. Correct any guardrail or sign damage. $ 150,000.00 2022 LOT # 14 resurfacing Resurface Lot #14 - remove top grade of asphalt and replace with new. Correct any guardrail or sign damage. $ 50,000.00 Total Cost $ 3,409,905.81 * - The yearly implementation of this plan will be contingent on having adequate reserves t Description 2012 2013 2014 2015 2016 2017 2018 O • eratin . costs 2019 2020 2021 2022 Parkin. Lot Snow removal Parkin. $;, 31 37.00 $ 64,825.00 $ 66,121.50 $ 67,443.93 $ 68,792.81 $ 70,168 66 $ 71,572 04 $ 73,003.48 $ 74463.55 $ 75,952.82 lot contract service & material $ - -27 683.00 $ 20,900.00 $ 21,318.00 $ 21,744.36 $ 22,179.25 $ 22,622.83 $ 77,471 88 Parkin. Control Services Parkin. $' 682670,80 $ 591,350.00 $ 603,177 00 $ 615,240.54 $ 627,545.35 $ 640,096.26 $ 23,075.29 $ 652,898 18 $ 23,536.79 $ 665,956.15 $ 24,007.53 $ 679,275.27 $ 24,487.68 $ 692,860.77 $ 24,977.43 Maintenance services $; , 508,560.00 $ 550,092.00 $ 566,594.76 $ 583,592.60 -- $ 51,172.07 $ 601,100.38 $ 52,195 52 $ 619,133.39 - $ 53,239.43 $ 637,707.39 - $ 54,304.21 $ 656,838.62 - $ 55,390.30 $ 676,543.77 - $ 56,498 10 $ 696,840.09 -- $ 57,628.07 $ 706,717.99 $ 717,745.29 Pro.ert tax PIL Transfer $ 49,185.00 $ 50,168.70 to onstreet maintanance IMMIIMMEMI $ 66,972.23 $ 82,566.23 $ 98,160 23 $ 100,123.43 $ 100,123.43 $ 58,780.63 Administrative overhead $ 168,000.00 $ 171,360.00 $ 174,787.20 $ 178,282.94 $ 181,848.60 $ 100,123 43 $ 185,485.57 $ 100,123.43 $ 189,195 29 $ 100,123.43 $ 192,979.19 $ 100,123.43 $ 196,838.78 $ 100,123.43 $ 200,775.55 Total O.eratin. costs 1250050.60 0111111MEMIIIIIIIINUELBE1313111123EAMEEKIIIMEEMIIIMIEUREM11113111EMIMSEIMILIKIELE2 -- $ 1803890,85 -- UREEESMIll -- $ 1528,912.59 $ 9 $ 331,544.66 $ 390,000.00 $ 545,040.00 - - Gross Revenues - - onstreet •arkin• $; 493,765.00 :. $ 98100.00; $, . 545037,00 1111111ELIMIXEIIIMIlielliMEDIUMIIIIIIDDMIBIEllEINIMPLIZIIIIMEAMILIMIIIEWSMILEDIEMECEMILLIIICESEMBEIIIIMILEEIMMILMIEMNIMI $ 669,722.28 $ 257,725.98 $ 181,000.00 $ 545,040.00 $ 825,662.28 $ 281,571.83 $ 191,000.00 $ 545,040.00 $ 981,602.28 $ 331,544.66 $ 243,500.00 $ 545,040.00 $ 981,602.28 $ 331,544.66 $ 243,500.00 $ 545,040.00 Transient off street .arkin. $ 981,602.28 $ 331,544 66 $ 250,800.00 $ 545,040.00 $ 981,602.28 $ 331,544 66 $ 250,800.00 $ 545,040.00 $ 981,602.28 $ 331,544.66 $ 344,000.00 $ 545,040.00 $ 981,602.28 $ 331,544.66 $ 344,000.00 $ 545,040.00 $ 981,602.28 $ 331,544.66 $ 394,000.00 $ 545,040.00 monthl off street .arkin. Fine Revenue Total Revenunes Amount to Reserves MIIKE2K2211111MMEI $ 281,967 92 $ 489,546.01 $ 451,467.26 IMICEOEM $ 383,820.81 $ 438,142.89 $ 398,296.09 $ 407,455.30 IMIKEIM $ 904,862.85 Reserve carry over Reserve 6- 524 800(00- $ 620,154.02 $ 419,318.05 $ 470,785.97 $ 549,831 98 $ 534,099.24 $ 677,137.57 $ 754,665.91 $ 745,946.28 $ 771,213 99 Fund Balance as of Dec 31 gimmula $ 762,318.05 $ 701,285.97 $ 960,331.98 $ 1,001,299.24 $ 955,853.57 $ 1,060,958.39 $ 1,192,808.79 $ 1,144,242.37 $ 1,178,669.29 $ 1,626,137.20 - - - -_ $ 80,000.00 -_ Ca • nal Pro ects 11.11.111111.1 - - -- Pa & Dis•la re.lacement $ 125,000.00 $ -� - $ 69,216.00 $ 80,000.00 - - -- $ 71,292.48 - - - - $ 126,000.00 $ 146,862.51 - - - - - - -_ - - $ 300,000.00 $ 151,268.38 $ 155,806.44 - -- -- Pa a Diana $ 80,000.00 - u• O ff cer Handheld ticket cket u nits- re.lacement IIMENNIES $ 80,000.00 2012 Car over - Ticket Mana.ement S stem - _�--- -- Pro'ect - P& D Machines $.. 0 000 fi0` IMMEMIMM -- develo. lot •halt standards Number Lot Number / S.aces - - - - - - - - - -- -- -- -- - -- -- -- -- Lot 1 48 2 Lot 2 68 49 / 19 ,5 0 $ 51,500.00 $ 100,000.00 0 $ 109,000.00 - - - -- lot 4 53 MENSIMMIN ex.ansion and redesi. n of lot $ 150,000.00 of 67 -- -- $ 43,000.00 $ 43,000 00 - - - $ 29,500.00 - - - -- lot 5 5 IIIIMMIME $ 12,000.00 lot 8 25 $ 132,000.00 lot 9 37 - - -- _ - lot 9 34 lot 10 119 lot 111 lot 13 142 INSIMINEM $ 150,000.00 $ 250,000.00 - -- lot 13 46 14/32 INEMEIROM $ 13,000.00 - -- $ 118,000.00 0 lot 14 32 ORKENWINE $ 13,000.00 - -- -- - - - $ 410,500.00 - - $ 150,000.00 - $ 467,200.00 - - - - - - $ 278,716.00 - - - - - $ 306,292.48 - - -- - - $ 446,862.51 -- - $ 221 ,760.00 - -- $ 373,028.38 -- -- -- $ 273,806.44 $ 50,000.00 $ 150,000.00 $ 280,000.00 lot 17 24 MiUMNSII - $ 47,000.00 lot 17 64 anninaling $ 50,000.00 lot 18 131 IMMIIMMEINI lot 19 46 lot 20 31 Ca.ital Works Costs 00, $ 343,000.00 $ 230,500.00 Reserve Fund Balance 6 01,• `,02; $ 419,318.05 $ 470,785.97 $ 549,831 98 $ 534,099.24 1111.2filMal $ 754,665.91 $ 745,946.28 $ 904,862.85 $ 1,346,137.20 IMMILIIIIMI 2013 2014 2015 2016 2017 2018 2019 2020 2021 2021 FS- 2013 -01 Niagaraaalls February 26, 2013 REPORT TO: SUBMITTED BY: SUBJECT: His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Fire Department FS- 2013 -01 Emergency Information Call Centre RECOMMENDATION That Council approve and authorize the Mayor and City Clerk to execute the Service Agreement with Information Niagara. EXECUTIVE SUMMARY The municipalities in Niagara have been pursuing an emergency information call centre for the past four years. A model was being developed that utilized non - essential municipal and regional staffing, based on a model from Peterborough. During research, it was discovered that an existing resource, Information Niagara, could perform the emergency information call centre role and a relationship was formed. The agreement will formalize this relationship. BACKGROUND The City of Niagara Falls has a responsibility to provide critical information in a timely manner to its residents during emergencies. Information helps to keep the community updated about the status of the emergency, identifies methods used to keep safe and can provide directions to avoid hazard areas. Methods for communicating emergency information have been restricted to TV, radio, newspaper and more recently, electronic media. These methods do not reach the entire public and their limitations include timeliness, limited circulation, reliance on electricity, etc. One thing learned from experiences occurring elsewhere in the world is the need for a coordinated call centre to receive calls from the public and provide responsible information. The City of Peterborough has had multiple natural emergencies and has created their own emergency call centre model using municipal resources. Meetings were held with staff from various municipalities within Niagara, including a representative of Peterborough's emergency management team. The goal was to formulate a call centre comprised of municipal staff from across the region. During these sessions, a member of Information Niagara was invited to attend. Their agency's experience assisting Goderich with the tornado response was explained. Once their capabilities were identified, it was determined that Information Niagara would be able to meet our emergency call centre requirements. Further discussions have taken place, including on site meetings and a partial activation occurred during post tropical storm Sandy. February 26, 2013 - 2 - FS- 2013 -01 Information Niagara has been operating in the Niagara Region for 40 years. Its purpose is to connect with members of the public with services they require. They operate through 211, which is an easy telephone number to connect with and remember. The program is funded by the Province of Ontario, some local municipalities and the United Way for its routine services throughout Ontario. In order to finalize a relationship between participating municipalities and Information Niagara, an agreement has been submitted for approval. It outlines the services that can be provided upon request and each party's responsibilities required to provide a useful service to the public. FINANCIAL /STAFFING /LEGAL IMPLICATIONS There are no initial setup costs as the call centre is established and currently operating. Any emergency incident that requires additional staffing due to the scope of the event or that continues after normal working hours would be billed back to the requesting organization at cost. CITY'S STRATEGIC COMMITMENT The agreement will provide for increased public direction and awareness during large -scale emergencies, reducing municipal liability and complying with provincial emergency management requirements. Recommended by: Respectfully submitted: LSmith:tc Lee Smith, Fire Chief en Todd, Chief Administrative Officer "Daily Special" AAA NY Steak and 1/2 lb. Lobster Tail $34.99 Minimum 5250 paid for your complete retired vehicle NEWS LOCAL Search for 'Corge Girl' appears over By John Law Niagara Falls Review Friday, February 15, 2013 5:52:49 EST PM There will be no reunion with April Lynn Hubbard for Ben Schweitzer, one of the men who rescued her from the Niagara Gorge in 1962. He was hoping to give her the black shoes she lost on that fateful night, but has since learned she passed away. PHOTO: Mike DiBattista !The Review The search for the 'Girl in the Gorge' appears to have come to a sad end. April Lynn Hubbard, whom Niagara Falls resident Ben Schweitzer helped rescue from the Niagara Gorge in 1962, will not be able to reunite with him as he hoped. It would appear she has been deceased for at least seven years, according to what looks like a 2006 obituaryfor her father, Harry. Schweitzer, now 81, was one of four men who ventured into the gorge in 1962 after the search for three - year -old Hubbard had been called off. After nearlythree hours, theyfound the shivering and hungry Niagara Falls girl on a bank about 75 feet below where she dropped on March 29, 1962. She had been missing for 12 hours. Now, 51 years after the rescue gripped the city, Schweitzer and family members of another rescuer, Richard Gorham, wanted to return a tattered pair of black shoes to Hubbard, who would have been 54 now. They won't get the chance. "It's very disappointing," said Schweitzer's wife Joan. "I cried when I heard." A2006 obituary found on ObitsforLife.com for Harry Hubbard, believed to be the girl's father, says that he was predeceased bya son, Michael, and a daughter, April Lynn. The names of the siblings matched the names of April Lynn's brothers and sisters found in The Review's stories about the rescue in 1962. Schweitzer is still unsure when April Lynn died, but has been told she apparently had a son and a daughter. She's now trying to contact them to ask if theyll accept their mother's shoes from that fateful night. "Whether they even want this ... I have no idea. If it was my daughters, they really would appreciate it, but some people are different." Hubbard had two sisters and three brothers, one of whom was also predeceased when their father died. At some point after the Niagara Falls rescue, the family relocated to Pembroke, Ont, northwest of Ottawa. The Review attempted to contact other family members via Facebook, with no response. Joan Schweitzer said the response to Fridays story in The Review was "incredible," with dozens of e -mails and phone calls wishing them luck trying to contact Hubbard. Her husband Ben was very unhappy when he found out" the girl he rescued so many years ago appears to have passed. Athree- year -old Hubbard was walking along River Road with pre - school friends when they climbed over the gorge wall to play. She was accidentally pushed over the edge, falling 75 feet. Tree branches and mud cushioned her fall. A search party in the gorge was called off by authorities later that night, prompting off- dutyfireman Schweitzer and three friends to search on their own. After her rescue, her shoes fell off while she was being transported to hospital. They have been held by Gorham's family ever since. john.law@sunmedia.ca µReader's comments » If you already have an account on this newspaper, you can login to the newspaper to add your comments. By adding a comment on the site, you accept our terms and conditions and our netiquette rules. Real -time updating is enabled. Comments for this page are closed. Showing 10 of 13 comments 1 Sort by newest first skaram S2I311VW ONINNVld PBD- 2013 -18 Niagaraaalls February 26, 2013 C.1V 1D.1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD- 2013 -18 AM- 2012 -002, Zoning By -law Amendment Application 6015 Barker Street Applicant: City of Niagara Falls Proposed 30 Unit Apartment Building, Expanded Parking Lot and Municipal Park RECOMMENDATION 1. That Council approve the Zoning By -law amendment application to rezone part of the lands to a site specific Residential Apartment 5A Density (R5A) zone to permit the existing building to be used as a 30 unit apartment building, part of the lands to a General Commercial (GC) zone to permit an expansion of the Morse and Son Funeral Home's parking area and the remaining portion of the lands to an Open Space (OS) zone to preserve part of the lands associated with the Battle of Lundy's Lane as a municipal park, as detailed in this report. 2. That Council pass the by -laws appearing on tonight's agenda. 3. That Council authorize staff to initiate the process to designate the land to be zoned Open Space (OS) as a cultural heritage landscape under Part IV of the Ontario Heritage Act, once the municipal park has been established. EXECUTIVE SUMMARY The City has initiated a zoning amendment to permit the former school on the property to be converted into a 30 unit apartment building, to permit a portion of the lands to be used in conjunction with Morse and Son Funeral Home and to preserve a portion as a park. The amendment can be supported because: the adaptive reuse of the existing underutlized building is consistent with Provincial Policy; the building has existed for over 50 years and, therefore, is compatible with the surrounding neighbourhood; • the density of the proposed apartment building satisfies the density requirements in the City's Official Plan; • the proposed apartment building will provide non - profit accommodation for seniors in the community; February 26, 2013 - 2 - PBD- 2013 -18 the proposed apartment building is located within Historic Drummondville Community Improvement Plan (CIP), which encourages residential development of underutilized land; designating the Open Space (OS) portion of the property, following the establishment of the municipal park will give proper recognition to the Battle of Lundy's Lane; rezoning part of the lands to General Commercial (GC) is an extension of the GC zone on the abutting property and will help the owner resolve on -site parking issues; and • the proposed municipal park will preserve the Battle of Lundy's Lane site and provide an opportunity for public access to a heritage site. BACKGROUND Proposal The City has initiated the Zoning By -law amendment to change the zoning of the property from Residential Single Family and Two - Family (R2) to three different zones. A site specific Residential Apartment 5A Density (R5A) zone is proposed on a portion containing a former school building to permit it to be converted into an apartment building containing 30 dwelling units. Site - specific amendments are requested to the R5A regulations for a reduced rear yard setback, increased lot coverage, reduction of the required parking and the elimination of a landscaped berm in the front yard. The amendment also proposes to zone a portion of the lands General Commercial (GC), to permit the expansion of a parking area associated with an existing commercial use. The balance of the lands are proposed to be zoned Open Space (OS) as they are intended to be preserved as a municipal park (part of the former Battlefield). There would also be a 2.5 metre (8.2 foot) walking path along the west side of the R5A property that would be used to connect the municipal park to Barker Street. At the April 24, 2012 Council meeting, Council deferred the application to give area residents six months to raise funds (approximately $450,000.00) to purchase the portion of the subject lands containing the existing building. A report was presented to Council on January 22, 2013 (CAO- 2013 -01), that discussed several options for how Council could sell the subject lands. Council chose (all without prejudice of the Zoning application) the option of selling part of the subject lands containing the existing building to the Stamford Kiwanis Club and another smaller part to an abutting property owner (Morse and Son Funeral Home). The City would keep the remaining land for a park commemorating the Battle of Lundy's Lane. Site Conditions and Surrounding Land Uses The subject property is the site of the former Battlefield School which closed in 2011. The property is 1.6 hectares (4 acres) in area with frontage on Barker Street. Residential uses are located to the south, west and east. To the north and east are commercial uses and to the west is a municipal cemetery. The residential uses along Barker Street are mostly 1 and 2 unit dwellings, however, there are a few low -rise apartment buildings in proximity to the site as well. February 26, 2013 Circulation Comments - 3 - PBD- 2013 -18 Information regarding the proposed Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara - No objections. The Region advises that the area has a high potential for the discovery of archaeological artifacts and, therefore, an archaeological assessment is to be carried out by a licensed archaeologist prior to any grading /soil disturbance. However, where there has already been a disturbance, this is not required. Planning staff note that the entire site has been subject to prior disturbances due to the construction of the school and the fact that the site was an active gravel pit at the turn of the 20th century. Therefore, an archaeological assessment will not be required. The Region also advised that waste collection for the site would have to comply with the Region's requirements if Regional collection is proposed. Otherwise, private waste collection would have to be provided for the site. • Transportation Services There is little buffering around the proposed parking lot for snow storage. Planning staff note that the aisle width of the proposed parking lotto the east of the school building is 0.6 metres (2 feet) larger than the minimum in the Zoning By -law. Therefore, opportunity exists to increase the buffering at the Site Plan Control stage. Transportation services supports the reduction of parking spaces from 42 to 35 since the apartments are intended for seniors and the site is in proximity to a transit hub, which serves as a transfer point between multiple bus routes. Municipal Works, City Clerk, Building Services, Parks and Recreation, Legal Services, Fire Services and Niagara Falls Transit - No objections. • Municipal Heritage Committee The Municipal Heritage Committee (MHC) recommends that the entire property known municipally as 6015 Barker Street be designated under Part IV of the Ontario Heritage Act (OHC) as a cultural heritage landscape for its associative value with the Battle of Lundy's Lane during the War of 1812 - 1814. February 26, 2013 - 4 - PBD- 2013 -18 Surrounding Neighbours Letters received from neighbours are on tonight's agenda. The letters oppose the proposed apartment building and cite concerns about too many apartments in the area, not enough single detached dwellings, loss of trees for parking along Barker Street and fear of low income tenants. One of the letters also opposed rezoning a portion of the property to GC citing concerns of noise from the commercial uses to the east. None of the letters object to the proposed OS zone. Multiple emails were received from one property owner who suggests that the existing building should be demolished and the entire site turned into a park and designated under the OHC. A petition containing 88 signatures was submitted in opposition to the R5A zoning for a 30 unit apartment building, considering it not to represent good planning. Neighbourhood Open House A neighbourhood open house was held on March 21, 2012 to explain the proposal and to answer questions. Approximately twelve (12) residents attended and expressed opposition to the proposed apartment building citing similar concerns as noted above. There was also a concern about the loss of a historic site (Battle of Lundy's Lane site) because of development. Members of the Stamford Kiwanis Club were in attendance and advised that if they successfully purchase the site, they intend to renovate the interior and rent the building only to seniors. It was also noted that the proposed apartment building will utilize the existing building and there is no proposed expansion of the building footprint. To address the concern about the loss of trees, the parking arrangement in the front yard has been revised to preserve all but three of the trees. A second neighbourhood meeting was held on April 12, 2012 to provide more details on the apartment and park sites. Residents in opposition to the proposed apartment building cited similar concerns to the previous open house (too many apartments on the street, traffic, low income tenants). The residents suggested that the City should demolish the existing building and convert the whole property into a park to commemorate the Battle of Lundy's Lane. Two residents suggested that, given enough time, they would be able to raise the necessary funds to purchase the existing building, demolish it and create a park. ANALYSIS /RATIONALE 1. Provincial Policy The proposed Zoning By -law amendment is consistent with Provincial policy as follows: • The amendment would allow the adaptive reuse of an existing underutizlied building on existing municipal services. The use of the existing building as an apartment building is compatible with the surrounding land uses since the building has existed in its current location for over 50 years and is part of the character of the neighbourhood. February 26, 2013 - 5 - PBD- 2013 -18 The proposed adaptive reuse of the existing building for an apartment building would contribute to the City's mix of housing types and add to the City's short-term supply of housing. The proposed GC zone will provide an opportunity for the City to recoup some of the cost of the purchasing the subject lands and help resolve a long standing parking problem associated with the funeral home operations. The proposed municipal park will provide a passive recreation feature for the neighbourhood and an opportunity to preserve a site of historical significance to the community. 2. Official Plan The land is designated Residential, in part, and Minor Commercial, in part, in the Official Plan. The application conforms with the Official Plan policies as follows: The proposal is on a collector road, which allows apartments at a density of 100 units per hectare (41 units per acre), and is within the maximum height limit of 6 storeys. The density of the proposed apartment building is 44 units per hectare (16.6 units per acre), which is well below the maximum density. • The proposed apartment building will use the existing building in its entirety. There are no plans to expand the building envelope. Since this building has existed for more than 50 years, it is consistent with the built form of the neighbourhood and will have no negative impact on the character of the area. • The housing policies support innovative forms housing, such as the adaptive reuse of an existing building and encourage housing for non - profit groups. The anticipated policies of OPA 94, which are under appeal, contemplate the adaptive reuse of underutilized buildings. The portion of the subject lands that is proposed to be rezoned to GC is located next to lands designated Minor Commercial fronting onto Main Street. Where the general intent of the Official Plan is maintained, minor boundary adjustments are permitted without the need for an Official Plan amendment. Planning staff consider the proposed GC zone to maintain the intent of the Official Plan since it is to be added to commercial lands on Main Street. The land is also within the Drummondville Node of Council's adopted policies of OPA 94. The anticipated policies for the Drummondville Node encourage the development of underutilized land for residential purposes and the provision of public facilities such as parks. February 26, 2013 - 6 - PBD- 2013 -18 3. Heritage The subject lands constitute part of the site of the Battle of Lundy' Lane. The subject lands are also adjacent to the Drummond Hill Cemetery, which contains a Copper Beech Tree that is designated under the OHA. Furthermore, the subject lands are located within an area recognized by the Federal Government as a National Historic Site (shown on Schedule 4). It should be noted that a National Historic Site does not protect the site from development. It recognizes a significant historic site for Canada and qualifies the area for Federal grants. The Official Plan encourages protecting heritage properties through designation under the OHA. The MHC recommended designating the entire property as a cultural heritage landscape under Part IV of the OHA. Planning staff note, however, that this may preclude the use of any part of the subject lands for commercial purposes (as requested in this application). Also, the portion of the site with the existing building has already been developed and does not contribute to the heritage attributes of the suggested designation. Therefore, Planning staff recommend that only the portion of the subject lands intended to be used as a park be designated under Part IV of the OHA, once the municipal park has been established. Planning staff note that future designation of the area shown on Schedule 4 as a heritage conservation district (for the area's associative value as the site of the Battle of Lundy's Lane) should be explored. Much of the area to be rezoned OS was a sand pit in the early 1900s. Because of this, an archaeological assessment is not required prior to establishing a park or parking lot. The park area of the property is intended to have a parking area and walking paths. The City's practice is to have a licensed archaeologist over -see any excavating taking place. This is planned for the development of the municipal park and will ensure that any archaeologically significant resources are properly collected if discovered. 4. Community Improvement Plan The subject property is located within the Historic Drummondville CIP as adopted by City Council in the fall of 2006. The purpose of a CIP is to help stimulate redevelopment and the Historic Drummondville CIP does this by providing land use directions and financial incentives to promote redevelopment of commercial and residential uses, and provide opportunities for physical improvements such as streetscaping that will help encourage private sector investment. One of the specific projects highlighted in the CIP is the possible acquisition of the Battlefield School should it become available and providing access for pedestrian movement between Main Street and Drummond Hill. The acquisition of the school play area by the City and rezoning it to OS will allow for the expansion of the publically held Battlefield lands, improve access from the municipal parking lot through a pedestrian walkway to Barker Street, and increases the opportunity that a public access may be possible to Main Street. In regards to the school building and the rezoning to a site specific R5A zone, the Historic Drummondville CIP encourages the construction of new residential development and residential intensification. The CIP encourages new residential February 26, 2013 - 7 - PBD- 2013 -18 redevelopment through a Residential Loan Program. The building provides an opportunity for an adaptive reuse project that has successfully occurred in other areas of the City. The future occupants of the building would utilize local services and retail uses that would have a positive impact on the local economy. 5. Zoning By -law The application proposes the zoning on the subject lands be changed from R2 to site - specific R5A to permit the existing building on the property to be converted into an apartment building containing 30 dwelling units. The site - specific regulations for the R5A zone are as follows: Zone Provision Required Requested Minimum Lot Area 200 square metres for each dwelling unit 230 square metres for each dwelling unit Minimum Rear Yard Depth 10 metres (33 feet) 8 metres (26 feet) Maximum Lot Coverage 30% 38.35% Minimum Number of Parking Spaces 42 (1.4 parking spaces per unit) 35 (1.17 parking spaces per unit) Parking in Front Yard A decorative wall or landscaped berm is required between the boundary of the front yard and an abutting street No requirement for a decorative wall or landscaped berm The application also proposes to change the zoning on a portion of the lands to GC, to allow the expansion of an abutting parking area and the remainder of the lands to OS fora municipal park (part of the former Battlefield). The application can be supported for the following reasons: The increased minimum lot area will limit the maximum number of dwelling units in the building to 30. This is appropriate since the amount of parking available on the site is limited. The reduced rear yard will allow as much of the Battlefield site to be preserved as possible while maintaining a sufficient amount of amenity area for the apartment building. The building is not being expanded (the gymnasium will be converted into a second floor, however, the height of the building will not change). The reduced lot coverage is the result of the creation of a new rear yard lot line. The parking reduction can be supported since the building is intended to accommodate seniors and there are several bus routes along Main Street February 26, 2013 - 8 - PBD- 2013 -18 and Lundy's Lane that provide public transit options for tenants in the building. In addition, the reduced parking will allow the preservation of as many trees as possible in the front yard. The parking area in the front yard is existing. In addition, there are a number of mature trees in the front yard with ample room for additional landscaping. As such, a decorative wall or landscaped berm are considered by Planning staff to be unnecessary. The proposed OS zone is intended to be used for parkland that will commemorate the Battle of Lundy's Lane. The OS portion would obtain access to Lundy's Lane by the abutting City owned parking lot at 6002 Lundy's Lane. In order to ensure that these lands are used only as a park, Planning staff recommend that the permitted uses be limited to a public park and accessory uses and structures. • The abutting properties to the east are zoned GC. The proposed GC zone at the east end of the subject lands is a minor continuation of GC zone. FINANCIAL IMPLICATIONS The City purchased the subject property from the District School Board of Niagara. The City is planning to use revenue from the sale of the various portions of the subject property to help offset the burden of the purchase. The apartment rezoning provides an opportunity to partner with the Stamford Kiwanis Club to lessen the impact on taxpayers by sharing the cost of the land acquisition. The conversion of the former school into an apartment building would contribute funds to the City in a variety of ways. Based on an estimated construction cost of $4 million, Building Permit fees would be approximately $40,000, City Development Charges would be approximately $43,000 (this factors in the waiver for being located within the Historic Drummondville CIP) and the City would receive annual taxes of approximately $25,000 to $30,000. It should be noted that any sale of City property is decided by Council in accordance with procedures whereby the land is declared surplus, an appraisal of the fair market value of the land is obtained and offers to purchase considered. Any future sales of part of the subject lands by the City will comply with Council's policy. CITY'S STRATEGIC COMMITMENT The City's strategic priorities for 2011 -2014 include developing a well planned City and reinvesting in our Community Improvement Areas. The requested Zoning By -law amendment conforms with the City's Official Plan and the Historic Drummondville CIP. The proposed apartment building, which is intended to be owned by the Stamford Kiwanis Club, is a sustainable reuse of the existing building. This is more financially sustainable to the City than the City retaining the entire property for a park. This is also consistent with the City's strategic priorities for 2011 -2014. February 26, 2013 LIST OF ATTACHMENTS - 9 - PBD- 2013 -18 ► Schedule 1 - Location Map ► Schedule 2 - Site Plan ► Schedule 3 - Park Plan ► Schedule 4 - Boundary of National Historic Site Recommended by: Respectfully submitted: D.Deluce Attach. A/6+ ItjA; 1-J Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -18, AM- 2012 -002, Battlefiled School, 6015 Barker Street.wpd February 26, 2013 - 10 - SCHEDULE 1 PBD- 2013 -18 February 26, 2013 SCHEDULE 2 PBD-2013-18 ■ t 2010,0'2 V - Q orAlipill NVld 31IS SLVIDOSSI + oallowprEl 411111111111 —.4 likaila. SiN3VIDAVdtt S bOIN3S SINVMIN C1210AINVI.S ++. +. I ...;,... A ; A As, t.; CC===== 1 ,., .... ., 1 i . 4 h. 9+ ' , 1 ? t I .., L ..,, ! . 1 12 A i , , 4 4 4 •-,- — -- ____.. _ ,,_, ,_. ,,,, ...0.5.?._ IT - .---7' , 8a ,,„ ___ _ • _ _ _ — - — , re i :__ S' ±1 „ , -• 8 , ( :--, r- - - — — — - — , _ - - t,..;_,„_.,.g.:_._ w , t=------- I - . w ----- - r r -771,-„,. ,,,L,2_,L,t,-- ..,. -- -- - < ti gi ' i 1. --_ -- ty , Er i - -- , - i c I ' _!...-__■,-, - ,_z--=._----,--_-__---.... I ..„ _ --- . , , -1-0- -.,,, ----__ „..7 -.. V m [ r----- : ■ - 4 ' .-_-_-_,..4,-- _ lip -11 L II ---„_ , , " LAt_ jr- - • 8 J ''s,T.7.41 1. 1 alf___L1 February 26, 2013 -12 SCHEDULE 3 PBD- 2013 -18 . , _ - . , ,--4, , .. ., ..,, .-.... , . . . . 4 ., '' ''''' "' 0,-,44' f ' ., « . 1 rl :.. . . . ', . .. . ...A - .. , . , ..,. , .t• . . ..!. I. .,„. ,.., ...., ' ', ' - 1 .. 4 ■ t i ; '';" '..-'4 I.,.., .....**1 !. .. ,.1, : ..-. ;.` .4 -'''' •••••-• i • , ' .. '4- ''''. . ,. . .. .; '...., ..:, . t ..., inglis BATTLEFIELD SCHOOL - DESTINATION CONCEPT February 26, 2013 - 13 - SCHEDULE 4 To Confirm the Designation and to Clarify the Designated Place of Battle of Lundy's Lane National Historic Sites of Canada Maki-E111116I014&_PARKAREAS LZINDY LAW BATTLEFIELD Niagara Fes We: 2 Nov,I965 ; tbo E LUWDYS PBD-2013-18 Figure 3. Option 2 proposed for designated place, the area endorsed by the Board for a national historic park is outlined in red. The general area of the battle is indicated by the light hatched lines. (identified by blue polygon). Drummond Hill Cemetery, the area of heaviest fighting is indicated by the heavy dark hatching. (Central Registry, C8400/157, Battlefield of Lundys [sic] Lane - Niagara Falls. Ont., Vol. 1. attached to Laing to Keighen, 30 Nov. 1966. Modified by David McConnell) 1703 L- 2013 -09 Niagaraaalls February 26, 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 -09 Declaration of Surplus (Morgan /Morse & Son) Portion of 6015 Barker Street Our File No. 2013 -69 RECOMMENDATION That part of Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls, in the City of Niagara Falls, as shown hatched on the attached location map ( "subject land "), be declared surplus. EXECUTIVE SUMMARY The City has received an Offer to Purchase the subject land from Morgan Commemorative Services Limited (Morse & Son Funeral Home). In order to comply with the terms of By -law No. 2003 -016 as amended, Council must pass a resolution or by -law declaring the subject land (as illustrated in the attached drawing) surplus to the needs of the City, prior to accepting the Offer. BACKGROUND The subject land is not required to fulfill the projected plan for the Battlefield Park improvements. The land in question is intended to be conveyed to a neighbouring property owner (Morse & Son Funeral Home) in order to be used for additional parking at the funeral home. Parking space is reported to be scarce in this area of the City at times of peak demand. The history of Council's dealings with 6015 Barker Street is set out in the Reports attached to this Report and in, in particular, Report CAO- 2013 -01. Public notice of the declaration of surplus and sale was given in the February 16, 2013, issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. ANALYSIS /RATIONALE See attached Report CAO- 2013 -01 and extract of Council Minutes for January 22, 2013. February 26, 2013 ATTACHMENTS - 2 - • Map of subject land • Report PD- 2012 -15 Extract of Council Minutes for February 14, 2012 Report PD- 2012 -27 • Extract of Council Minutes for April 24, 2012 • Report CAO- 2013 -01 • Extract of Council Minutes for January 22, 2013 Recommended by: Respectfully submitted: KB Attachments g" , Ken Beaman, City Solicitor I Ken Todd, Chief Administrative Officer L- 2013 -09 —ter _ t 1 I -. 4 is s - . i as wrle T _. .- - _.J - - _ it Y m r , tl jib i t i • � d 4 fi 13 -. 1 Y ( t f, i ` y t f x ttl_1 'i It iii 'l J: : js i • t j, G i F.w iii S? .it ` s n�� my M.e, f yi r•( : ;,,,r .„ E i _ f i IMuM:h O STAMFORD • �,'•�... SENIORS APARTMENTS • D -+ ' k 0 ... ._ .. SITE PLAN I gAI MONQQ • eSSXCIA -ES (i.OanCf S ` .. / PD- 2012 -15 NiagaraFalls February 14, 2012 C A 1{ D a REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -15 Purchase of Battlefield School 6015 Barker Street "IN CAMERA" RECOMMENDATION That Council support the purchase of the Battlefield School property for $900,000 with a closing date no earlier than May 31, 2012. EXECUTIVE SUMMARY City staff met with the District School Board of Niagara on February 1, 2012 to present Council's proposed offer to purchase the Battlefield School lands for up to $900,000 subject to a condition that the property containing the former school be rezoned for apartment use. The School Board has advised that they are not prepared to accept an offer with such a condition. BACKGROUND The requested conditional offer was intended to allow the City with time to process a rezoning of the school area because the Stamford Kiwanis wishes to be assured that they are able to redevelop the property for senior apartments. Without this assurance, the Kiwanis Club is not in a position to risk purchasing the land. During the meeting with the School Board, City staff attempted to negotiate a lower price for the school lands but was unsuccessful. City staff did advise the School Board that the City needs to carry out a Phase 1 and 2 Environmental Assessment in order to protect itself and make sure there is no environmental contam.inatiomon._the site. The Phase 1 Assessment is complete and, Phase will be completed in the near future ANALYSIS /RATIONALE Due to this historical significance of the former school lands, it would be disappointing if these lands are not preserved for future public use. Attempts have been made to involve other levels of government to join the City in its attempt to acquire the school property. It has fallen upon the City to come forward to look at innovative ways to acquire and preserve the historic Battlefield property. February 14, 2012 - 2 - PD- 2012 -15 The Stamford Kiwanis Club has agreed to purchase a 2 acre parcel containing the former school for $450,000. Planning staff has held discussions with the Kiwanis Club and their consultant and is prepared to start the rezoning immediately. Staff is confident that with a late closing date, there will be sufficient time to process the rezoning and secure the funds from the Kiwanis Club for the property. At the last "In Camera" meeting, staff noted that Spencer Fox owner of ES Fox has agreed to provide a donation of $250,000 towards the purchase of the Battlefield lands. It is also the intention of staff to seek the sale of a small portion of the easterly part of the lands to Morse and Son Funeral Home for parking. The details have yet to be determined but at the end of the day, this could result in the City paying only a portion of the cost of the Battlefield lands (2 acres). The intent of a late closing date would allow the City to carry out a couple of things. Firstly, staff will complete Phase 2 of the Environmental Assessment. Secondly, staff will process a rezoning which will rezone the school lands as R5A Multiple Family for seniors apartment use, the easterly portion of the land to be sold to Morse and Son Funeral Home as GC - Generai Commercial for parking use and the balance of the land to be retained by the City as OS - Open Space. FINANCIAL IMPLICATIONS It is the intent of the Battlefield land acquisition to minimize the risk and cost to the municipality. However, if the school does not become rezoned for apartment use, the Kiwanis will not be in a position to purchase the lands. Accordingly, there is a risk that the City could become the owner of the former school. If Council is not prepared to take this risk, the School Board should be advised that the City will only proceed with the purchase subject to rezoning or that Council withdraw its interest in the acquisition. CITY'S STRATEGIC COMMITMENT It is a Council priority to promote new Heritage Tourism and the 1812 Bicentennial Celebrations. The acquisition and development of the Battlefield lands would satisfy this priority. However, it is not desirable for the City to retain the school building. For this reason, staff recommends support to proceed with the purchase of land only if the School Board provides the City with an extended closing date to no earlier than May 31, 2012. LIST OF ATTACHMENTS ► None. Recommended by: Respectfully submitted: B.Bolibruck Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -15, Purchase of Battlefield School.wpd - 6 - February 14, 2012 Council Minutes Ruth Ann Brown, Women's Place of South Niagara, outlined the impact of losing funds would have on the organization and stressed how essential their service is. ORDERED on the motion of Councillor Gates, seconded by Mayor Diodati that Women's Place of South Niagara be added as a Fee for Service. Carried Unanimously Joe Maggiolo, GNGH Foundation, outlined the importance of the foundation and what it is responsible for. He stressed that equipment purchased by the Foundation stays at GNGH. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the City continue to support GNGH and provide the grant of $50,000. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor Gates that the remainder of the permissive grant groups receive the 2011 allotment. Motion Carried with Councillor Wing opposed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that the meeting go past 11:00 p.m. Motion Carried with Councillors Thomson, Morocco and Gates opposed Councillor Pietrangelo stepped down as Chair, 11:05 p.m. RATIFICATION OF" IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the recommendations from the " In Camera" meeting from February 14`h, 2012 be approved. PD- 2012 -15 Purchase of Battlefield School That Council support the purchase of the Battlefield School property fo $900,000 with a closing date no earlier than May 30, 2012 and that the Mayor & Clerk be authorized to sign any related documents. with Councillor Wing declaring a conflict. RESOLUTIONS Carried Unanimously NO. 03 - PIETRANGELO - KERRIO - Therefore be it resolved that Niagara Falls City Council formally requests that the Regional Municipality of Niagara name the extension of Thorold Stone Road (Regional Road #57) as "Terry Fox Way ". Carried Unanimously Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Developmen SUBJECT: PD- 2012 -27 AM- 2012 -002, Zoning By -law Amendment Application 6015 Barker Street Applicant: City of Niagara Falls Proposed 30 Unit Apartment Building, Park and GC Zone PD- 2012 -27 April 24, 2012 THIS MATTER DEFERRED BY COUNCIL RECOMMENDATION That Council approve the Zoning By -law amendment application to rezone part of the lands to a site specific Residential Apartment 5A (R5A) zone to permit the existing school building to be used as a 30 unit apartment building, part of the lands to a General Commercial (GC) zone and the remaining portion of the lands to an Open Space (OS) zone, as detailed in this report. EXECUTIVE SUMMARY The City has initiated a zoning amendment to permit a 30 unit apartment building, a park and a GC zone. The amendment can be supported because: • the proposed apartment building is located within Historic Drummondville CIP, which encourages residential development; • the existing School building is being reused as a proposed apartment building, which is consistent with Provincial Policy; • there are sufficient services within walking distance of the proposed apartment building; • the density of the proposed apartment building is consistent with the density requirements in the City's Official Plan; the proposed park will preserve the Battle of Lundy's Lane site and provide an opportunity for public access; and • the proposed General Commercial is an extension of the abutting General Commercial zone. BACKGROUND Proposal A Zoning By -law amendment is requested to change the zoning of the property from Residential Single Family and Two - Family (R2) to a site specific Residential Apartment 5A Density (R5A) to permit the existing building on the property to be converted into an apartment building containing 30 dwelling units. Site specific amendments are requested to the R5A standards for a reduced rear yard setback, increased lot coverage and a reduction of the required parking. The application also proposes to zone a portion of the lands to an Open Space (OS) as they are intended to be preserved for park purposes (part of the former battlefield) and another portion to be zoned General Commercial (GC), for possible commercial use. April 24, 2012 - 2 - PD- 2012 -27 Site Conditions and Surrounding Land Uses The subject property is the site of the former Battlefield School, which closed in 2011. The property is 1.6 hectares (4 acres) in area with frontage on Barker Street. The property abuts residential uses to the south, west (in part) and east (in part). To the north and east (in part) are commercial uses and to the west (in part) is a municipal cemetery. The residential uses along Barker Street are mostly 1 and 2 unit dwellings, however, there are a number of low -rise apartment buildings in proximity to the site. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara - No objections. The Region advises that the area has a high potential for the discovery of archaeological artifacts and, therefore, an archaeological assessment is to be carried out by a licensed archaeologist prior to any grading /soil disturbance. A holding symbol should be applied to these areas. Where there has already been a disturbance, this is not required. The Region also advised that waste collection for the site would have to comply with the Region's requirements if Regional collection is proposed. Otherwise, private waste collection would have to be provided for the site. City Clerk - No objections. • Building Services - No objections. • Transportation Services Notes that there is little buffering around the proposed parking lot for snow storage. Planning staff note that the aisle width of the proposed parking lot to the east of the school building is 0.6 metres (2 feet) larger than the minimum in the Zoning By -law. Therefore, opportunity exists to increase the buffering at the Site Plan Control stage. Transportation services does not support the reduction of parking spaces from 42 to 35 as this represents a deviation of more than 10% of the required standard. • Municipal Works, Parks and Recreation, Legal Services, Fire Services, Niagara Falls Transit No objections. • Surrounding Neighbours - Letters received from neighbours are on tonight's agenda. The letters oppose the proposed apartment building and cite concerns about too many apartments in the area, not enough single detached dwellings, Toss of trees for parking along Barker Street and fear of low income tenants. One of the letters also opposed rezoning a portion of the property to GC citing concerns of noise from the commercial uses to the east. None of the letters objected to the proposed OS zone. April 24, 2012 - 3 - PD- 2012 -27 A petition containing 88 signatures was submitted in opposition to the R5A zoning for a 30 unit apartment building, considering it not to represent good planning. Neighbourhood Open House A neighbourhood open house was held on March 21, 2012 to explain the proposal and to answer questions. Approximately twelve (12) residents attended and expressed opposition to the proposed apartment building citing similar concerns as noted above. There was also a concern about the loss of a historic site (Battle of Lundy's Lane site) because of development. Members of the Stamford Kiwanis were in attendance and advised that if they successfully purchase the site, they intend to renovate the interior and rent the building only to seniors. It was also noted that the proposed apartment building will utilize the existing school building and there is no proposed expansion of the building footprint. To address the concern about the Toss of trees, the parking arrangement in the front yard has been revised to preserve all but three of the trees. A second neighbourhood meeting was held on April 12, 2012 to provide more details on the apartment and park sites. Residents in opposition to the proposed apartment building cited similar concerns to the previous open house (too many apartments on the street, traffic, low income tenants). The residents suggested that the City should demolish the school building and convert the whole property into a park to commemorate the Battle of Lundy's Lane. Two residents suggested that, given enough time, they would be able to raise the necessary funds to purchase the school, demolish it and create a park. ANALYSIS 1. Provincial Policy Provincial policy encourages residential intensification in order to provide efficient use of servicing. The proposed Zoning By -law amendment is consistent with these directives as it utilizes an existing building for reuse, provides an opportunity for recreational activities to the surrounding neighbourhood, contributes to the City's housing supply and is located in proximity to several bus routes. The proposed apartment building is considered a good adaptive reuse of the existing school building and is compatible with the surrounding neighbourhood. The proposed park will provide a recreation feature for the neighbourhood and an opportunity to preserve a site of historical significance to the community. The proposed GC zone will provide an opportunity for the City to recoup some of cost of the school property and help resolve a long standing parking problem associated with the funeral home operations. Residents expressed a concern about the concentration of apartment buildings on the street and the lack of single detached dwellings on the street. Provincial policy encourages a mix of housing options. The predominant form of housing in the City is single detached dwellings, the proposed apartment building contributes to the mix of housing types. The proposal adds to the variety of rental stock in the City and a mix of housing options for the City. This is consistent with Provincial policy. 2. Official Plan The land is designated Residential and Minor Commercial in the Official Plan. The and is also within the Drummondville Node of Council's adopted policies of OPA 94. The policies for the Drummondville Node encourage residential intensification, the provision of public facilities and built form consistency with the surrounding land uses. In addition, April 24, 2012 - 4 - PD- 2012 -27 the general residential policies in the Official Plan support providing innovative housing forms. The proposal is on a collector road, which allows apartments at a density of 100 units per hectare (41 units per acre), and is within the maximum height limit of 4 storeys. The proposed apartment building conforms with the Official Plan policies as follows: The density of the proposed apartment building is 44 units per hectare which conforms to the density criteria of the Official Plan. The proposed apartment building will use the existing school in its entirety. There are no plans to expand the building envelope. Since this building has existed for more than 40 years, it is part of the character of the neighbourhood and, therefore, consistent with the built form. The proposed apartment building represents intensification of the property and contributes to the City's housing supply. The reuse of the existing school building is an innovative form of redevelopment and an appropriate use for the building. The portion of the subject lands that is proposed to be rezoned to GC is designated Residential. The boundary for the Minor Commercial designation follows the back of the properties to the east. The Official Plan notes that the designation boundaries are considered approximate except where bounded by roads, rail lines, or other clearly defined physical features. Where the general intent of the Official Plan is maintained, minor boundary adjustments are permitted without the need for an Official Plan amendment. Planning staff consider the proposed GC zone to maintain the intent of the Official Plan since it is to be added to commercial lands on Main Street. 3. Community Improvement Plan The subject property is located within the Historic Drummondville Community Improvement Plan (CIP) as adopted by City Council in the fall of 2006. The purpose of a CIP is to help stimulate redevelopment and the Historic Drummondville CIP does this by providing land use directions and financial incentives to promote redevelopment of commercial and residential uses, and provide opportunities for physical improvements such as streetscaping that will help encourage private sector investment. One of the specific projects highlighted in the CIP is the possible acquisition of the Battlefield School should it become available and providing access for pedestrian movement between Main Street and Drummond Hill. The acquisition of the school play area by the City and rezoning to Open Space will allow for the expansion of the publically held Battlefield lands, improve access from the municipal parking lot and pedestrian walkway from Barker Street, and increases the opportunity that a public access may be possible to Main Street. In regards to the school building and the rezoning to a site specific R5A zone, the Historic Drummondville CIP encourages the construction of new residential development and residential intensification. The CIP encourages new residential redevelopment through a Residential Loan Program. The building provides an opportunity for an adaptive reuse project that has successfully occurred in other areas of the City. The future occupants of the building would utilize local services and retail uses that would have a positive impact on the local economy. April 24, 2012 4. Zoning By -law - 5 - PD- 2012 -27 The proposed site specific R5A zone would allow the school to be converted into an apartment building containing 30 dwelling units. The building would be two storeys, however, the second storey would be only where the gymnasium is currently located. Modification to the exterior of the building (e.g. additional windows) will be needed to accommodate the residential use but the overall footprint will remain the same as it is now. The requested site specific amendments include a reduced rear yard setback from 10 metres (32.8 feet) to 8 metres (26.2 feet) and to increase the maximum lot coverage from 30 percent to 36.5 percent. These adjustments are a balance of protecting as much of the former battlefield as possible while maintaining sufficient amenity space at the rear of the building. In order to preserve as many trees as possible in the front yard, it was necessary to reduce the amount of parking on the site. The reduction in parking is from 42 spaces to 35 spaces. This is equivalent to 1.2 parking spaces per unit. This reduction can be supported as there are several bus routes along Main Street and Lundy's Lane to provide public transit options for tenants in the building. The proposed OS zone is intended to be used for parkland that will commemorate the Battle of Lundy's Lane. Although this site has not been listed or designated under the Heritage Act, the community places historic significance on the site. Establishing a City park on the site is a good way to acknowledge the historic significance of the site until such time as the site is officially listed or designated. The OS portion would obtain access to Lundy's Lane by the abutting City owned parking lot at 6002 Lundy's Lane. The Region recommends applying a holding category zone to any portion of the subject property where any new development will result in a soil disturbance. Accordingly, Planning staff recommend that the GC portion of the subject property be placed into a holding category that would be removed at such time as the completion of a archaeological assessment. FINANCIAL IMPLICATIONS The City is in the process of purchasing the subject property. The City is planning to use revenue from the sale of the various portions of the subject property to help offset the burden of the purchase. The apartment rezoning provides an opportunity to partner with the Kiwanis to lessen the impact on taxpayers by sharing the cost of the land acquisition. The conversion of the former school into an apartment building would contribute to the tax base of the corporation. The adaptive reuse of the school is considered to be sustainable development because it maximizes the use of an existing building, capitalizes on existing municipal infrastructure and does not contribute to waste in a landfill site which would occur if the building was to be demolished. It should be noted that any sale of City property is decided by Council in accordance with procedures whereby the land is declared surplus, an appraisal of the fair market value of the land is obtained and offers to purchase considered. Any future sales of part of the subject lands by the City will comply with Council's policy. CITY'S STRATEGIC COMMITMENT The City's strategic priorities for 2011 -2014 include developing a well planned City and reinvesting in our Community Improvement Areas. The requested Zoning By -law amendment conforms with the City's Official Plan and the Historic Drummondville Community Improvement Plan. April 24, 2012 - 6 - PD- 2012 -27 The proposed apartment building, which is intended to be owned by Kiwanis, is a sustainable reuse of the existing building. This is more financially sustainable to the City than the City retaining the entire property for a park. This is also consistent with the City's strategic priorities for 2011 -2014. LIST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan ► Schedule 3 Park Plan Recommended By: Respectfully Submitted: D. Deluce Attach. Zf,4 ,Alex Herlovitch, ' Director of Planning, Building & Development Ken odd, Chief Administrative Officer S. \PDR\2012 \PD- 2012 -27, AM- 2012 -002, 6015 Barker Street.wpd April 24, 2012 - 7 - SCHEDULE 1 PD- 2012 -27 April 24, 2012 •,,,,..,,,,,.„-,,,.,,, ,..,,,, —.1.77-,„„.,, .• . ... . ... ====== litt,_ i 23/ 1'4 , tir” MS'.."-.:' • q.. S, ! , 1 1 i '1 iLti . .• 4.471-eit ' • 7114 I.... 1-• .7! . if„.5 W. A a - 8 - SCHEDULE 2 PD-2012-27 -.7111111gani SLYIDOSSO • CHINONIVM NVld 31JS I SI.N3WitiVdd S.L101N3S SINVM19 abio3vvvis 46110,10,115,10. < 8 17, • 71-- 4 It • 4 - - - - - - — I • L - - - April 24, 2012 - 9 - SCHEDULE PD- 2012 -27 - 4 - Council Minutes April 24, 2012 ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the public meeting related to PD- 2012 -16 be deferred. Carried Unanimously PD- 2012 -27 - AM- 2012 -002, Zoning By -law Amendment Application, 6015 Barker Street. Applicant: City of Niagara Falls. Proposed 30 Unit Apartment Building, Park and Parking lot Expansion. The Director of Planning reviewed the recommendations and provided the following information. Background A Zoning By -law amendment is requested to change the zoning of the property from Residential Single Family and Two Family (R2) to a site specific R5A zone to permit the former school building on the property to be converted to a 30 unit apartment building. The application also proposes to zone a portion of the lands to an Open Space (OS) zone as they are intended to be preserved for park purposes and another portion to be zoned General Commercial (GC) for expansion of commercial parking lot. Neighbourhood Open Houses First Open House held on March 21, 2012. About 12 residents attended and expressed opposition to the proposed apartment building citing the following concerns: • Too many apartments already in the area; • Will generate too much traffic; • Trees were being removed in front of the proposed apartment building; • Fear of low income tenants; • Noise from commercial uses; Loss of a historic site due to the development. To address the concern about the loss of trees, the parking arrangement in the front of the building has been revised to preserve all but three of the trees. A second neighbourhood meeting was held on April 12, 2012 to provide more details on the site plan of the apartment and park. Residents in opposition to the proposed apartment building cited similar concerns to the previous open house. Residents suggested the City demolish the school building and convert the entire property into a park to commemorate the Battle of Lundy's Lane. A petition containing 88 signatures was submitted in opposition to the R5A zoning for the 30 unit apartment building citing that it did not represent good planning. Planning Analysis Provincial Policy Provincial Policy encourages new growth to the built up areas residential intensification in order to provide efficient use of sery The proposed Zoning By -law amendment is consistent with the ► Utilizes an existing building on full urban services, ► Contributes to the City's housing supply; • Is located in proximity to several bus routes, and • Provides an opportunity for recreational and open surrounding neighbourhood. of communities through icing. Provincial Policy as it: space activities to the - 5 - Council Minutes April 24, 2012 The proposed apartment building is considered a good example of adaptive reuse of an existing school building and is compatible with the surrounding neighbourhood. The proposed park provides an opportunity to preserve a site of historical significance to the community. The proposed GC zone will help resolve a long standing parking problem associated with the adjacent funeral home operations. Provincial Policy encourages a mix of housing options. Given that the predominant form of housing in the City is single- detached, the proposed apartment building will add to the variety of rental stock in the City and mix of housing options for the City. OFFICIAL PLAN The land is designated as Residential and Minor Commercial in the City's Official Plan. The proposed apartment building complies with the Official Plan policies as follows: ► The density of the proposed apartment building is 44 units /hectare (17.6 units per acre) which conforms to the density criteria of the Official Plan. ► The proposal is on a collector road which allows apartment buildings at a density of 100 units /hectare (41 units /acre) ► The existing school will be used in its entirety with no plans to expand the building envelope. The building has existed for more than 40 years so it is part of the character of the neighbourhood. ► The proposed apartment building represents an intensification of the property and contributes to the City's housing supply. ► The reuse of the existing school building is an innovative form of redevelopment and residential is an appropriate use for the building. The portion of the subject lands are proposed to be rezoned General Commercial (GC) where the general intent of the Official Plan is maintained. Minor boundary adjustments for commercial lands are permitted without the need for an Official Plan amendment. COMMUNITY IMPROVEMENT PLAN The subject property is located in the Historic Drummondville Community Improvement Plan (CIP). The purpose of the CIP is to stimulate redevelopment in older commercial areas where one would find lower order commercial uses and empty stores. The CIP contains financial incentives to promote redevelopment of commercial and residential uses. One of the specific projects highlighted in the CIP is the possible acquisition of the Battlefield School, should it become available. ZONING The proposed site specific R5A zone would allow the school to be converted into an apartment building containing 30 dwelling units. The building is predominantly single storey with the exception of the gymnasium area which is two storey. The overall footprint of the building will remain the same. Site specific amendments requested include: - 6 - Council Minutes April 24, 2012 ► Reduced rear yard setback from 10m (32.8 ft) to 8m (26.2 ft) ► Increase the maximum lot coverage from 30% to 36.5% ► Reduction in the required parking from 42 to 35 spaces (done to address the residents concerns of preservation of as many trees as possible). The proposed Open Space (OS) zone is intended to be used for parkland that will commemorate the Battle of Lundy's Lane. Establishing a City park is a good way to acknowledge the historic significance until the site is officially listed or designated. The Region is recommending that a holding category be placed on any portion of the property where new development will result in soil disturbance pending the completion of an archaeological assessment. The acquisition of the school play area by the City will allow for the expansion of the publicly held Battlefield lands and improve pedestrian access opportunities. The Community Improvement Plan encourages new residential development through a Residential Loan program. The proposed apartment use would have a positive impact on the local economy with more people living in the area and utilizing local services and retail uses. The building provides an opportunity for an adaptive reuse project that has occurred in other areas of the City. Financial Implications The City has a policy governing the sale of municipal land which is to be followed. It is the intent to use revenue from the sale of portions of the subject property to help offset the cost of the purchase. The apartment rezoning provides an opportunity to partner with Stamford Kiwanis to lessen the financial impact on taxpayers by sharing the cost of the land acquisition. The conversion of the former school into an apartment building would contribute to the tax base of the corporation. The adaptive reuse is considered to be sustainable development because it maximizes the use of an existing building, capitalizes on existing municipal infrastructure services and does not add to waste in the landfill if the school was to be demolished. Recommendation That Council approve the Zoning By -law amendment application to rezone part of the lands to a site specific Residential Apartment 5A (R5A) zone to permit the existing school building to be used as a 30 unit apartment building, part of the lands to a General Commercial (GC) zone and the remaining portion of the lands to an Open Space (OS) zone, as detailed in the staff report. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that PD- 2012 -27 be deferred to allow six months for the residents to raise funds for the purchase of the property. Carried Unanimously with Councillor Wing declaring a conflict. Councillor Pietrangelo chaired the Budget meeting. BUDGET MATTERS Ed Biewlawski, made a presentation to Council on the lack of equity in the water rate system and discrepancy in meter sizes. CAO- 2013 -01 NiagaraF'alls January 22, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO- 2013 -01 Battlefield School Property Update RECOMMENDATION 1) That Council recommend the original proposal presented in Report PD- 2012 -15, dated February 14, 2012, . involving the sale of the former school building to the Stamford Kiwanis Club, a portion along the easterly boundary to a neighbouring commercial property for parking purposes and retaining the balance of the land for park purposes, and furthermore 2) That the City proceed with a public meeting as outlined in Report PD- 2012 -27 (AM- 2012 -002), dated April 24, 2012, to rezone lands to Residential Multiple Family, Open Space and General Commercial. EXECUTIVE SUMMARY A public meeting was held on April 24, 2012 to consider rezoning the former Battlefield School lands for multiple family use, a portion of land along the easterly boundary for commercial use and the balance for open space purposes. City Council deferred the matter and passed a motion to provide the Friends of the Lundy's Lane Battlefield six (6) months in which to raise $450,000 to purchase the school. More than nine (9) months has now passed and Mr. Bill Colclough will be making a presentation to Council at tonight's meeting to request that the Friends of Lundy's Lane Battlefield be provided a five (5) year lease of the former school property in order to better position themselves to raise funds to pay for the cost of the demolition of the school which is estimated to be about $250,000 to $350,000. This report provides five (5) options for Council to consider and they are outlined further in this report, however, staff continues to recommend the original proposal which called for a partnership with the Kiwanis Club for the redevelopment of the Battlefield School building into senior residences. BACKGROUND The Friends of the Lundy's Lane Battlefield have been diligently working on their fundraising campaign. They have approached many businesses and applied for various government grant programs. They found that many potential donors have committed funds to other causes and organizations for 2012. While they have gathered a number of partners and supporters, the challenge faced by the group has been the collection and confirmation of funds. The money raised by the group to date is well short of the required $450,000 that Council requested be raised. January 22, 2013 - 2 - CAO- 2013 -01 Concern has been reported by the Niagara Falls Museum Advisory Board that the Friends of Lundy's Lane Battlefield have approached the Lundy's Lane BIA to redirect $150,000 earmarked for the Lundy's Lane Gateway Project. Another concern that has been raised by the Niagara Falls Museums Advisory Board, who continues to fundraise for the Museum expansion, is that they are experiencing difficulty with their fundraising efforts as members of the community are confused over the different funding requests being made for Battlefield projects. The Stamford Kiwanis Club has been advised of the possible request by the Friends of Lundy's Lane Battlefield for the City to lease them the former school property. The Kiwanis Club has responded and informed staff that if the request for a lease is granted, they will abandon their interest in the former school and pursue a housing project in some other location. ANALYSIS & RATIONALE In April 2012, the City acquired the former Battlefield School Property from the Niagara District School Board (DSBN) for the purchase price of $900,000. Even though the senior levels of government were approached to assist financially with the acquisition of these lands, no support was forthcoming and the preservation of these lands in public ownership rested with the City. In Council's deliberation of the matter, the proposal put forth envisioned a partnership with the Kiwanis Club and an abutting property owner which would have limited City's costs of the purchase price to approximately $100,000. On this basis staff recommended proceeding with the purchase from DSBN. The partnership put forth by staff was contingent on the rezoning of the lands from 'R2" residential to Open Space (for the parkland portion). R5A (for the seniors' apartment portion) and GC General Commercial (for the parking portion). If the City had not pursued the purchase, the property would have been sold by the DSBN on the open market with development rights over the entire parcel allowing residential development at an "R2" density. In order to assist Council in its decision making process related to this proposal, staff has developed a series of Options for consideration. These Options outline what the financial and tax implications are related to the property: Option 1: Support the original proposal presented in PD- 2012 -15 dated February 14, 2012 involving the sale of the former school building to the Stamford Kiwanis Club, a portion in the easterly side of the property to a neighbouring commercial property for parking purposes and retain the balance of the land for park purposes. Furthermore, that the City proceed with a public meeting as outlined in Report PD- 2012-27, AM -2012 -002, to rezone the lands Residential Multiple Family, Open Space and General Commercial. When staff originally approached the School Board regarding the purchase of the school property, it was to be conditional upon the rezoning of the school for apartment use. There was no intention to increase the size of the school building, but rather utilize the existing structure. Unfortunately, the school board would not accept any offer which included any Conditions. This forced the City into buying the entire property and taking a risk that the building could be rezoned and sold to the Stamford Kiwanis Club. Such a transaction would January 22, 2013 - 3 - CAO- 2013 -01 enable the City to recoup $450,00 toward the cost of the property. There is also interest from an adjacent commercial operation to acquire a portion of property to expand a parking lot. E.S. Fox has generously donated $250,000 to assist the City in the acquisition of the Battlefield School property. This donation was presented at a time when there was fear that the property could be sold to a private developer. The lands are currently zoned R2 Residential which permits single and semi detached dwellings. It was intended that the balance of the property which is closest to the actual battlefield site would be protected as a public park. The school building is intended to be renovated for apartments and address the community's need for senior's housing. The property is close to many urban services such as doctors' offices, restaurants and municipal transit. In addition, the adaptive reuse of the building fits well with the Region's Smart Growth principles and takes advantage of existing municipal services. Financial Scenario of Option 1 Purchase Price from Public School Board $900,000 Offer from Stamford Kiwanis Club for School Building if Rezoning Approved (1.73 acres) - $450,000 Donation from E.S. Fox - $250,000 Sale of Land for Parking Expansion - $100,000 Final estimated cost of 1.9 acres of parkland $100,000 Property Tax from Seniors` Development (City Portion) Per Year $25,000 / $30,000 The preliminary cost to retrofit the former school building into 30 apartments is $4 million. It is estimated that the City would receive annual taxes of approximately $25,000 - $30,000. The Stamford Kiwanis Club will be required to pay approximately $40,000 in building permit fees; approximately $43,000 in City Development Charges; and approximately $66,000 in Regional Development Charges. The development charges include the percentage waiver for being located within the Historic Drummondville CIP. Option 2: Support the sale of the former school building to the Stamford Kiwanis Club and the balance of the lands be under the ownership of the City and used for park purposes. As part of this option, the City proceed with a public meeting to rezone the school building for Multiple Family use and the balance of the lands for park purposes. Some concern was expressed at the public meeting regarding the proposed sale of lands to an abutting commercial landowner for parking purposes. As a result, Option 2 is being proposed for as a possible alternative. January 22, 2013 -4- CAO- 2013 -01 Financial Scenario of Option 2 Purchase Price from Public School Board Purchase Price from Public School Board $900,000 Offer from Stamford Kiwanis Club for School Building if Rezoning Approved (1.73 acres) - $450,000 Donation from E.S. Fox Sale of Land for Parking - $250,000 Final estimated cost of 2.28 acres of parkland $850.000 $200,000 Property Tax from Seniors' Development (City Portion) Per Year $25,000 / $30,000 Option 3: Support the sale of a portion of the lands along the easterly boundary to a neighbouring commercial property for parking purposes, demolish the school and retain the remainder of the lands for park purposes. The City would proceed with a public meeting to rezone the easterly lands to "GC" (General Commercial) for parking purposes. This option would see the sale of lands along the easterly boundary of the property and the retention and demolition of the building that would then be returned to its natural state. Financial Scenario of Option 3 Purchase Price from Public School Board $900,000 Demolition Costs - School Building $300,000 Donation from E.S. Fox - $250,000 Sale of Land for Parking - $100.000 Final estimated cost of 3.63 acres of parkland $850.000 Option 4: Support the granting of a five (5) year lease of the property to the Friends of the Lundy's Lane Battlefield in order to allow the Friends time to secure grants ($450,000) toward the demolition of the school and property acquisition. The rezoning application AM -2012 -002 be withdrawn and the file closed. At the time of the public meeting on the rezoning, the Friends of the Lundy's Lane Battlefield felt that six (6) months was sufficient time to fundraise $450,000 to purchase and demolish the former school. It appears that the group is considerably short of their goal and it is unknown as too how much money can be raised. It is the group's desire to have the school building demolished and this cost is estimated to be $300,000. If the Friends of the Lundy's Lane Battlefield can raise $450,000 and the City pursues the sale of a portion of land to the adjacent commercial landowner and applies the E.S. Fox donation, the cost to the City could be $400,000. January 22, 2013 -5- CAO- 2013 -01 Financial Scenario of Option 4 Purchase Price from Public School Board $900,000 Demolition Cost — School Building $300,000 Fundraising from Friends of Lundy's Lane Battlefield - $450,000 Donation from E.S. Fox 4250,000 Sale of Land for Parking Expansion - $100,000 Final estimated cost of 3.63 acres of parkland $400,000 Option 5: Support not selling or leasing any of the property and that the former school building be demolished and the property remain owned by the City in its entirety and be used for park purposes. The rezoning application AM-2012-002 be withdrawn and the file closed. This option would negate having to wait for the proposed lease with the Friends to expire and allow for the demolition of the school building to occur and use of the park by the public. We are seeing some vandalism occurring at the school with broken windows and graffiti. Financial Scenario of Option 5 Purchase Price from Public School Board $900,000 Demolition Cost — School Building $300.000 Donation from E.S. Fox - $250,000 Final estimated cost of 4.01 acres of parkland $950,000 FINANCIAL IMPLICATIONS The City has acquired the Battlefield School property for $900,000. The proposal put forth by staff at the time of the acquisition would see the City's net cost of $100,000 [Option #1]. Other options require a much greater financial commitment from the City. These additional funds would have to be allocated from either the 2013 Capital Budget or Reserves. In addition, there is a lost tax revenue opportunity of $25,000 - $30,000 if the school is demolished and not retrofitted for seniors apartments. Also, under each of the five (5) options, the operating cost of the additional parkland would be approximately $5,000 annually. The current utility costs are $2,000 annually and the monthly monitoring cost is $200 per month. January 22, 2013 CITY'S STRATEGIC COMMITMENT - 6 - CAO- 2013 -01 It is one of the Council's strategic priorities to attain financial stability and ensure resources are focussed on core programs. The preservation of the Battlefield lands is important and satisfies a strategic priority. The decision for Council rests with which of the five (5) options it wishes to pursue. LIST OF ATTACHMENTS 1) Report PD- 2012 -15, dated February 14, 2012 2) Report PD- 2012 -27, dated April 24, 2012 3) Maps of all Five Options Respectfully submitted: B.Bolibruck:gd Ken odd, Chief Administrative Officer PD- 2012 -15 NiagaraaallS February 14, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -15 Purchase of Battlefield School 6015 Barker Street "IN CAMERA" RECOMMENDATION That Council support the purchase of the Battlefield School property for $900,000 with a dosing date no earlier than May 31, 2012. EXECUTIVE SUMMARY City staff met with the District School Board of Niagara on February 1, 2012 to present Council's proposed offer to purchase the Battlefield School lands for up to $900,000 subject to a condition that the property containing the former school be rezoned for apartment use. The School Board has advised that they are not prepared to accept an offer with such a condition. BACKGROUND The requested conditional offer was intended to allow the City with time to process a rezoning of the school area because the Stamford Kiwanis wishes to be assured that they are able to redevelop the property for senior apartments. Without this assurance, the Kiwanis Club is not in a position to risk purchasing the land. During the meeting with the School Board, City staff attempted to negotiate a Power price for the school lands but was unsuccessful. City staff did advise the School Board that the City needs to carry out a Phase 1 and 2 Environmental Assessment in order to protect itself and make sure there is no environmental contamination on the site. The Phase 1 Assessment is complete and Phase 2 will be completed in the near future. ANALYSIS /RATIONALE Due to this historical significance of the former school lands, it would be disappointing if these lands are not preserved for future public use. Attempts have been made to involve other levels of government to join the City in its attempt to acquire the school property. It has fallen upon the City to come forward to look at innovative ways to acquire and preserve the historic Battlefield property. February 14, 2012 - 2 - PD- 2012 -15 The Stamford Kiwanis Club has agreed to purchase a 2 acre parcel containing the former school for $450,000. Planning staff has held discussions with the Kiwanis Club and their consultant and is prepared to start the rezoning immediately. Staff is confident that with a late closing date, there will be sufficient time to process the rezoning and secure the funds from the Kiwanis Club for the property. At the last "In Camera" meeting, staff noted that Spencer Fox owner of ES Fox has agreed to provide a donation of $250,000 towards the purchase of the Battlefield lands. It is also the intention of staff to seek the sale of a small portion of the easterly part of the lands to Morse and Son Funeral Home for parking. The details have yet to be determined but at the end of the day, this could result in the City paying only a portion of the cost of the Battlefield lands (2 acres), The intent of a late closing date would allow the City to carry out a couple of things.. Firstly staff will complete Phase 2 of the Environmental Assessment. Secondly, staff will process a rezoning which will rezone the school lands as R5A Multiple Family for seniors apartment use, the easterly portion of the land to be sold to Morse and Son Funeral Home as GC - General Commercial for parking use and the balance of the land to be retained by the City as OS - Open Space. FINANCIAL IMPLICATIONS It is the intent of the Battlefield land acquisition to minimize the risk and cost to the municipality. However. if the school does not become rezoned for apartment use. the Kiwanis will not be in a position to purchase the lands. Accordingly, there is a risk that the City could become the owner of the former school. If Council is not prepared to take this risk, the School Board should be advised that the City will only proceed with the purchase subject to rezoning or that Council withdraw its interest in the acquisition. CITY'S STRATEGIC COMMITMENT It is a Council priority to promote new Heritage Tourism and the 1812 Bicentennial Celebrations. The acquisition and development of the Battlefield lands would satisfy this priority. However, it is not desirable for the City to retain the school building. For this reason, staff recommends support to proceed with the purchase of land only if the School Board provides the City with an extended closing date to no earlier than May 31. 2012. LIST OF ATTACHMENTS ► None. Recommended by: Respectfully submitted: B Bolibruck Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S'PDR`2012\PD- 2012 -15 Purchase of Battlefield School wpd NiagarafaIls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning. Building & Developmen PD -201 2 -27 April 24, 2012 HIS MATTER DEFERRED BY COUNCIL SUBJECT: PD- 2012 -27 AM- 2012 -002, Zoning By -law Amendment Application 6015 Barker Street Applicant: City of Niagara Falls Proposed 30 Unit Apartment Building, Park and GC Zone RECOMMENDATION That Council approve the Zoning By -taw amendment application to rezone part of the lands to a site specific Residential Apartment 5A (R5A) zone to permit the existing school building to be used as a 30 unit apartment building. part of the lands to a General Commercial (GC) zone and the remaining portion of the lands to an Open Space (OS) zone, as detailed in this report. EXECUTIVE SUMMARY The City has initiated a zoning amendment to permit a 30 unit apartment building, a park and a GC zone. The amendment can be supported because: • the proposed apartment building is located within Historic Drummondville ClP, which encourages residential development; the existing School building is being reused as a proposed apartment building. which is consistent with Provincial Policy: there are sufficient services within walking distance of the proposed apartment building. the density of the proposed apartment building is consistent with the density requirements in the City's Official Plan; the proposed park will preserve the Battle of Lundy's Lane site and provide an opportunity for public access; and • the proposed General Commercial is an extension of the abutting General Commercial zone. BACKGROUND Proposal A Zoning By -law amendment is requested to change the zoning of the property from Residential Single Family and Two - Family (R2) to a site specific Residential Apartment 5A Density (R5A) to permit the existing building on the property to be converted into an apartment building containing 30 dwelling units. Site specific amendments are requested to the R5A standards for a reduced rear yard setback, increased lot coverage and a reduction of the required parking. The application also proposes to zone a portion of the lands to an Open Space (OS) as they are intended to be preserved for park purposes (part of the former battlefield) and another portion to be zoned General Commercial (GC), for possible commercial use. April 24, 2012 - 2 - PD- 2012 -27 Site Conditions and Surrounding Land Uses The subject property is the site of the former Battlefield School, which closed in 2011. The property is 1.6 hectares (4 acres) in area with frontage on Barker Street. The property abuts residential uses to the south, west (in part) and east (in part). To the north and east (in part) are commercial uses and to the west (in part) is a municipal cemetery. The residential uses along Barker Street are mostly 1 and 2 unit dwellings, however, there are a number of low -rise apartment buildings in proximity to the site. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions. the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections. The Region advises that the area has a high potential for the discovery of archaeological artifacts and, therefore, an archaeological assessment is to be carried out by a licensed archaeologist prior to any grading /soil disturbance. A holding symbol should be applied to these areas. Where there has already been a disturbance. this is not required. The Region also advised that waste collection for the site would have to comply with the Region's requirements if Regional collection is proposed. Otherwise. private waste collection would have to be provided for the site. City Clerk No objections. • Building Services No objections. • Transportation Services Notes that there is little buffering around the proposed parking lot for snow storage. Planning staff note that the aisle width of the proposed parking tot to the east of the school building is 0.6 metres (2 feet) larger than the minimum in the Zoning By -law. Therefore, opportunity exists to increase the buffering at the Site Plan Control stage. Transportation services does not support the reduction of parking spaces from 42 to 35 as this represents a deviation of more than 10% of the required standard. • Municipal Works, Parks and Recreation, Legal Services, Fire Services, Niagara Falls Transit No objections. • Surrounding Neighbours Letters received from neighbours are on tonight's agenda. The letters oppose the proposed apartment building and cite concerns about too many apartments in the area. not enough single detached dwellings, loss of trees for parking along Barker Street and fear of low income tenants. One of the letters also opposed rezoning a portion of the property to GC citing concerns of noise from the commercial uses to the east. None of the letters objected to the proposed OS zone. April 24, 2012 - 3 - PD- 2012 -27 A petition containing 88 signatures was submitted in opposition to the R5A zoning for a 30 unit apartment building, considering it not to represent good planning. Neighbourhood Open House A neighbourhood open house was held on March 21, 2012 to explain the proposal and to answer questions. Approximately twelve (12) residents attended and expressed opposition to the proposed apartment building citing similar concerns as noted above. There was also a concern about the loss of a historic site (Battle of Lundy's Lane site) because of development. Members of the Stamford Kiwanis were in attendance and advised that if they successfully purchase the site, they intend to renovate the interior and rent the building only to seniors. It was also noted that the proposed apartment building will utilize the existing school building and there is no proposed expansion of the building footprint. To address the concern about the loss of trees, the parking arrangement in the front yard has been revised to preserve all but three of the trees. A second neighbourhood meeting was held on April 12. 2012 to provide more details on the apartment and park sites. Residents in opposition to the proposed apartment building cited similar concerns to the previous open house (too many apartments on the street. traffic, low income tenants). The residents suggested that the City should demolish the school building and convert the whole property into a park to commemorate the Battle of Lundy's Lane. Two residents suggested that. given enough time, they would be able to raise the necessary funds to purchase the school. demolish it and create a park. ANALYSIS 1 Provincial Policy Provincial policy encourages residential intensification in order to provide efficient use of servicing. The proposed Zoning By -law amendment is consistent with these directives as it utilizes an existing building for reuse. provides an opportunity for recreational activities to the surrounding neighbourhood, contributes to the City's housing supply and is located in proximity to several bus routes. The proposed apartment building is considered a good adaptive reuse of the existing school building and is compatible with the surrounding neighbourhood. The proposed park will provide a recreation feature for the neighbourhood and an opportunity to preserve a site of historical significance to the community. The proposed GC zone will provide an opportunity for the City to recoup some of the cost of the school property and help resolve a long standing parking problem associated with the funeral home operations. Residents expressed a concern about the concentration of apartment buildings on the street and the lack of single detached dwellings on the street. Provincial policy encourages a mix of housing options. The predominant form of housing in the City is single detached dwellings, the proposed apartment building contributes to the mix of housing types. The proposal adds to the variety of rental stock in the City and a mix of housing options for the City. This is consistent with Provincial policy. 2. Official Plan The land is designated Residential and Minor Commercial in the Official Plan. The land is also within the Drummondville Node of Council's adopted policies of OPA 94. The policies for the Drummondville Node encourage residential intensification, the provision of public facilities and built form consistency with the surrounding land uses. In addition, April 24, 2012 - 4 - PD- 2012 -27 the general residential policies in the Official Plan support providing innovative housing forms. The proposal is on a collector road, which allows apartments at a density of 100 units per hectare (41 units per acre), and is within the maximum height limit of 4 storeys. The proposed apartment building conforms with the Official Plan policies as follows: - The density of the proposed apartment building is 44 units per hectare which conforms to the density criteria of the Official Plan. The proposed apartment building will use the existing school in its entirety. There are no plans to expand the budding envelope. Since this building has existed for more than 40 years, it is part of the character of the neighbourhood and, therefore, consistent with the built form. The proposed apartment building represents intensification of the property and contributes to the City's housing supply. The reuse of the existing school budding is an innovative form of redevelopment and an appropriate use for the building. The portion of the subject lands that is proposed to be rezoned to GC is designated Residential. The boundary for the Minor Commercial designation follows the back of the properties to the east. The Official Plan notes that the designation boundaries are considered approximate except where bounded by roads, rail lines. or other clearly defined physical features. Where the general intent of the Official Plan is maintained. minor boundary adjustments are permitted without the need for an Official Plan amendment. Planning staff consider the proposed GC zone to maintain the intent of the Official Plan since it is to be added to commercial lands on Main Street. Community Improvement Plan The subject property is located within the Historic Drummondville Community Improvement Plan (CIP) as adopted by City Council in the fall of 2006 The purpose of a CIP is to help stimulate redevelopment and the Historic Drummondville CIP does this by providing land use directions and financial incentives to promote redevelopment of commercial and residential uses. and provide opportunities for physical improvements such as streetscaping that will help encourage private sector investment. One of the specific projects highlighted in the CIP is the possible acquisition of the Battlefield School should it become available and providing access for pedestrian movement between Main Street and Drummond Hill. The acquisition of the school play area by the City and rezoning to Open Space will allow for the expansion of the pubtically held Battlefield lands, improve access from the municipal parking lot and pedestrian walkway from Barker Street, and increases the opportunity that a public access may be possible to Main Street. In regards to the school building and the rezoning to a site specific R5A zone, the Historic Drummondville CIP encourages the construction of new residential development and residential intensification. The CIP encourages new residential redevelopment through a Residential Loan Program. The building provides an opportunity for an adaptive reuse project that has successfully occurred in other areas of the City. The future occupants of the building would utilize local services and retail uses that would have a positive impact on the local economy. April 24, 2012 4. Zoning By -law - 5 - PD- 2012 -27 The proposed site specific R5A zone would allow the school to be converted into an apartment building containing 30 dwelling units. The budding would be two storeys, however, the second storey would be only where the gymnasium is currently located. Modification to the exterior of the building (e.g. additional windows) will be needed to accommodate the residential use but the overall footprint will remain the same as it is now. The requested site specific amendments include a reduced rear yard setback from 10 metres (32.8 feet) to 8 metres (26.2 feet) and to increase the maximum lot coverage from 30 percent to 36.5 percent. These adjustments are a balance of protecting as much of the former battlefield as possible while maintaining sufficient amenity space at the rear of the building. In order to preserve as many trees as possible in the front yard, it was necessary to reduce the amount of parking on the site. The reduction in parking is from 42 spaces to 35 spaces. This is equivalent to 1.2 parking spaces per unit. This reduction can be supported as there are several bus routes along Main Street and Lundy's Lane to provide public transit options for tenants in the building. The proposed OS zone is intended to be used for parkland that will commemorate the Battle of Lundy's Lane. Although this site has not been listed or designated under the Heritage Act, the community places historic significance on the site. Establishing a City park on the site is a good way to acknowledge the historic significance of the site until such time as the site is officially listed or designated. The OS portion would obtain access to Lundy's Lane by the abutting City owned parking tot at 6002 Lundy's Lane. The Region recommends applying a holding category zone to any portion of the subject property where any new development will result in a soil disturbance. Accordingly. Planning staff recommend that the GC portion of the subject property be placed into a holding category that would be removed at such time as the completion of a archaeological assessment. FINANCIAL IMPLICATIONS The City is in the process of purchasing the subject property. The City is planning to use revenue from the sale of the various portions of the subject property to help offset the burden of the purchase. The apartment rezoning provides an opportunity to partner with the Kiwanis to lessen the impact on taxpayers by sharing the cost of the land acquisition. The conversion of the former school into an apartment budding would contribute to the tax base of the corporation. The adaptive reuse of the school is considered to be sustainable development because it maximizes the use of an existing building, capitalizes on existing municipal infrastructure and does not contribute to waste in a landfill site which would occur if the building was to be demolished. It should be noted that any sale of City property is decided by Council in accordance with procedures whereby the land is declared surplus, an appraisal of the fair market value of the and is obtained and offers to purchase considered. Any future sales of part of the subject lands by the City will comply with Council's policy. CITY'S STRATEGIC COMMITMENT The City's strategic priorities for 2011 -2014 include developing a well planned City and reinvesting in our Community Improvement Areas. The requested Zoning By -law amendment conforms with the City's Official Plan and the Historic Drummondville Community Improvement Plan. April 24, 2012 - 6 - PD- 2012 -27 The proposed apartment building, which is intended to be owned by Kiwanis, is a sustainable reuse of the existing building. This is more financially sustainable to the City than the City retaining the entire property for a park. This is also consistent with the City's strategic priorities for 2011 -2014. UST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan ► Schedule 3 Park Plan Recommended By: Respectfully Submitted: D.Deluce Attach. Alex Herlovitch, Director of Planning, Building & Development LIAAll° Ken odd, Chief Administrative Officer S.\PDR\2012\PD- 2012 -27. AM- 2012 - 002.6015 Barker Street.wpd April 24, 2012 - 7 - SCHEDULE 1 PO- 2012 -27 April 24, 2012 - 8 - PD-2012-27 SCHEDULE 2 =£7.1.M17=Cr..3 11.111161KIN IAMBI ..:CSSII • 00N00141 41,14B qta;11... 44,174,1 34JS r-, 1 - • . 0 s _1 - . S...:43e4.1.elVd'a S2104•43S : SNY.s.41:4 ]'03S • 4,. 4..4.••• s 1-4r- - -..-1.. --;1 .4;, 1 ,r ! '; 44 r 6 0 £ , I tal-s124— - - _ 4 April 24, 2012 - 9 - SCHEDULE 3 PD- 2012 -27 ti • , • ir""s - mum 4, • i p� 1 J I I 1 1 d ;. 1 ! 1 1 1 I 1.. "4' "11' BATTLEFIELD SCHOOL - DESTINATION CONCEPT I - - --, N Ni r1/4 garafaits Battlefield School Property Option 1 Property Parcels 2010 Aerial Photography K: \GIS_Requests \2012\ Custom\ IntemalTlanning‘BattlefieldSchoai. map November 2012 \iag€urraFalls Battlefield School Property Option 2 N <: \GIS_Requests\ 2012\ Custom\ Internal \Planning \Battlefieidschool.map November 2012 Battlefield School Property Option 3 41. ;SI :'1101 SChRCI. to re der-Y;s-L.,' anO returned kianc 4k,? Property Parcels 201.0 Aerial Photography filkoCk, K:,,GIS_Requests \-2012\ Custom \Icternarplanning BattlefieldSchooirmap Jaluar/ 201.3 Battlefield School Property Option 4 N Property parcels 2010 Aerial Photography <:\GIS_ Requests\2Gt2`, Cust om\ Irtemal 'VPlanningvBattlefieldSchool.map Jarjary 2013 Battlefield School Property Option 5 N 2010 Aerial Photography K:`,GIS Requests\ 2012 \Custom \Internal \Planning \BattletieldSchooi.map January 2013 Dean Iorfida From: Dean Iorfida Sent: Thursday, January 17, 2013 9:38 AM To: Dean Iorfida Subject: Battlefield School property to confirm my emaiis from late last year, the matter noted above i5 dated for 7:15 p.m. on Tuesday. January 22nd. Although not 3 statutory meeting under the Planning Acct; we are treating it as such in that we are not requiring the Interested stakeholders (F:riends of the Battlefield, Kiwanis, Morgan Funeral Home, Gateway fundraisers et..) to pre - registe.r as a deputation. The Iblayor will allow members of the gallery to come forward after a presentation by Cary staff .a cop r e report oy tomorrow. If you have any questions, feel free to contact me. Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905- 356 -7521, ext. 4271 905 - 356 -9083 (Fax) 1 Dean Iorfida From: Dean Iorfida Sent: Thursday. January 17, 2013 10:41 AM To: Dean Iorfida Subject: rW: January 22nd Council Meeting Originat N/tes.agge From: John 3 r ;1 H $an , Ainslie [mailto jandhainslie @cogeco.ca ,air Tuesday, January 08, 2013 01. 02 PM Eastern Standard Time To, Dean ! orfida S i�;ect January 22nd Council Meeting To Dean Iorfida, City Clerk. Dean, I would like to speak at the Council Meeting on Jan 22nd regarding the lands of the Battle of Lundy's Lane Commemorative Park. Would you confirm that I will be able to present my case as one who has worked for the past 15 years on the Parks development and on many other items concerning the heritage properties in this City. Please confirm my presence on the list of speakers. Thank you, Jock Ainslie 1 Dean Iorfida From: DE Graves <graves @primus.ca> Sent: Wednesday, January 09, 2013 12:52 PM To: Dean Iorfida Subject: Council Meeting 22 January Mr lorfida This is to Info: "n Lane matter you Sf cerely Donald E Graves shall be speaking at the City Council meeting on 22 January with reference to the Lundy's 1 Dean Iorfida From: John Grodzinski <John.Grodzinski @rmc.ca> Sent: Wednesday, January 09, 2013 1:48 PM To: Dean Iorfida Subject: City Council Mtg 22 Jan 2013 Hello: Ja 'tce Wing requested ! advise yo t at ' am one or the people making a Presentation to city coun battlefield on 22 January Thank -you Major John R. Grodzinski, CD, PhD Assistant Professor /Professeur adjoint Department of History/ Departement d'Histoire The Royal Military College of Canada/ College militaire royal du Canada PO Box 17000 Stn Forces Kingston, Ontario Canada K7K 7B4 Tel (613) 541 -6000, local /poste 6698 Fax /telecopieur (613) 541 -6056 E- mail /couriel : john.grodzinski(rmc.ca Visit the RMC Varsity Fencing Website at http:// www. rmc cat da-ds/var-iu/ fen-esc / index -eng.asp 1 the Lundy' Lane Kiwanis Club of Stamford www.stamfordkiwanis.com P.O. Box 784 Niagara Falls, Ontario L2E 6V6 Office Phone: 905 -354 -488 Sent via email only, Dean Iodide, City Clerks dlorfidagniagarafalls.ca )a; „ua;ny, 3r1 2012 Mayor & City Counsel City of Niagara Falls 4310 Queen St, P.O. Box 1023 Niagara Falls, ON 12E 6X5 RE: BATTLEFIELD SCHOOL The Kiwanis Club of Stamford held discussions with the City Officials in early 2012 to determine whether they could partner with the City in the purchase of the Battlefield School site with the idea that the building and grounds of the building would be purchased by Stamford Kiwanis and converted into senior citizens` apartments. After several meetings and site visits with the staff the members of Stamford Kiwanis Non Profit Homes felt that this site would be ideal for a senior citizen complex. As a result of our interest the City proceeded to negotiate a purchase with the Niagara District School Board and Stamford Kiwanis provided the City with a letter of intent to pay up to 50% of the purchase price of the site to a maximum of $450,000.00. Through the City's negotiations a price of $900,000.00 was agreed to with the School Board. the City ,eras then the owner of the property and needed to proceed with a rezoning rder For Stamford Kiwanis to proceed with the purchase the applications were commenced Stamford Kiwanis was asked to provide all of the site drawings to go with the application: We hired Raimondo & Associates to proceed with the drawings in accordance with the request of the City Officials. Throughout the discussions we felt that our proposal would be a reasonable alternative for a portion of the lands with the larger section of land being retained by the City to add to the historic site adjacent to the Drummond Hill Cemetery. Kiwanis is a global organization of'volunteers dedicated to changing the world one child and one community at a time. As a result of public input the City did defer the rezoning for six months to allow a group to raise sufficient funds to meet the purchase price which we were offering. We have been very patient for the six months and now an extension of the six months however we wish to bring this matter to a conclusion at this time. We are prepared to continue with the arrangement that we had originally established with the City; however, if the City does not want to complete these arrangements and wishes to continue with a group for the historic site then we would ask that our expenses which are currently. about $10,000.00, be reimbursed to us as we were acting in good faith with the Ci0./ throughout this whole purchase and rezoning application. Yours truly, STAMFORD KIWANIS CLUB Brian McKeown, R.C.M., /fig Kiwanis is a global organization of volunteers dedicated to changing the world one child and one community at a time. 483 Wing Royal Canadian Air Force January 14, 2013 The Armoury, 5049 Victoria Ave., Niagara Falls, Ontario Dean lorfida Clerk, City of Niagara Falls Re: Lundys Lane Battlefield Dear Sr i The 483 Wing to.r3I Canadian Air Force would like to express its support for the proposal by the Friends of Lundys Lane Battlefield with regard to the need to remove the former Battlefield School building, thereby preserving the last four acres of the key lower part of the historic Lundys Lane battlefield. The other major local battlefields such as Chippawa, Queenston, etc, have by accident or design been largely preserved as they were circa 1812 the Lundys Lane battlefield is unfortunately situated in the middle of our city and it seems that previous generations have made little practical effort to preserve this area of national historic importance. Preservation of the battlefield would provide a number of benefits to the city such as: 1. An adjunct to the exhibits and programs at the newly renovated and re- invigorated Niagara History Museum. For example giving battlefield tours along with a visit to the museum. 2. Be an incentive for historical military sites to cooperate to establish another reason for tourists to visit Niagara i.e. coordinated tours of our battlefields and museums. 3. Add value for individuals and groups who would be touring the other battlefields and museums in Niagara_ For example a tour group studying the war of 1812 could start could start at either Fort Erie or Fort George and visit the sites along the Niagara River and at the halfway point in their tour exit from the Parkway visit the 483 Wing Royal Canadian Air Force and the Niagara History Museum and the Lundys Lane Battlefield. After a nice Lunch is one of our city's fine restaurants they could continue north or south to conclude their tour. Gi• ;e `ouri;ts a reason to stay longer in our city and area 3 Add another reason for tourists to look at Niagara as a destination and h.opefuliy. at a minimum an destrlario +n. the 483 swing oya+ Cannadan Air Force .,vouid be pleased to assisr in any or all aspects of a project that pt..erles the ..:. f' dys Lane Battlefield Yours Thule, G.V. Beck President Niagara Military Museum - 4 - Council Minutes January 22,2013 PRESENTATIONS/ DEPUTATIONS 7:00 p.m. Women's Place of South Niagara Strike Out Violence Bowling Tournament Michael Dorschner and Melissa Stack, committee members, Strike Out Violence Bowling Tournament, spoke to Council regarding the upcoming annual event. ORDERED on the motion of Councillor Mayes, seconded by Councillor Gates that Council members interested enter a team. Carried Unanimously * * * ** Big Brothers Big Sisters Bowl for Kids Sake Jon Braithwaite, Executive Director, Big Brothers Big Sisters, spoke to Council regarding their annual event and encouraged members of Council to participate. ORDERED on the motion of Councillor Morocco, seconded by Councillor Gates that Council support the event and enter a team to bowl. Carried Unanimously UNFINISHED BUSINESS/ BATTLEFIELD SCHOOL PROPERTY CAO- 2013 -01, Battlefield School Property Update The report recommends: That Council recommend the original proposal presented in Report PD- 2012 -15, dated February 14,2012, involving the sale of the former school building to the Stamford Kiwanis Club, a portion along the easterly boundary to a neighbouring commercial property for parking purposes and retaining the balance of the land for park purposes; and furthermore That the City proceed with a public meeting as outlined in report PD- 2012 -27 (AM- 2012 -002), dated April 24,2012 to rezone lands to Residential Multiple Family, Open Space and General Commercial. Rocky Vacca, Sullivan Mahoney, representing the Friends of the Lundy's Lane Battlefield, indicated that the City's direct financial considerations should not be the only consideration on the matter_ He outlined the economic benefits of preservation of the entire parcel of property, although they are not opposed to the accommodation of lands for Morse & Son Funeral Home, as this parcel is less historically significant. He outlined how much money the Friends had raised to date but pointed out that most funding and grant sources would have made their 2012 commitments prior to be approached by the Friends. As a result, a 10 -year lease is being requested by the group and they would demolish the building as soon as funding is received. Donald Graves, a military historian for the Friends of Lundy's Lane Battlefield, outlined the significance of the parcel and the increase in heritage tourism. John Prentice, Stamford Kiwanis, indicated that his group is still committed to the site. The location is in close proximity to public transportation, which would benefit the seniors who would live in the apartment. The building style is ideal for them to convert for housing. Michael Allen, representing Ernie Morgan of Morse & Son Funeral Home, outlined the history of his client in the area and that they support the staff recommendation that allows parking expansion for their operation. - 5 - Council Minutes January 22,2013 Jock Ainslie appreciates the intent of the Stamford Kiwanis but argues they could develop elsewhere in the City. The proposal by the Friends allows greater historical preservation, which he has espoused for years. ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that Council approve the recommendation report: Councillor Wing Conflict Councillor Maves AYE Councillor Thomson AYE Councillor Kerrio AYE Councillor loannoni AYE Councillor Gates NAYE Councillor Morocco AYE Councillor Pietrangelo NAYE Mayor Diodati PLANNING MATTERS Public Meeting Motion Carried PBD- 2013 -10 - AM- 2012 -018, Zoning By -law Amendment Application, 3665, 3769, 3779 & 3807 Macklem Street and 8069 & 8085 Mechanic Street, Applicant: H2O Front Development. Proposed 160 Unit, Four - Storey Apartment Building The Director of Planning reviewed the recommendations and provided the following information. A Residential Apartment 5C Density (R5C) Zone is proposed to allow development of a 160 unit, four storey building on a 1.44ha (3.55ac) composite of 6 properties. Currently the zoning is Tourist Commercial and Deferred Tourist Commercial (DTC). The properties contain a motel, 3 single detached dwellings, several derelict buildings and the Boat House bar /restaurant. Site specific provisions for minimum lot area per dwelling unit; rear yard, interior side and exterior side yard depths, landscaped open space and lot coverage are also requested. Neighbourhood Open House Held on December 19, 2012, with the applicant and several area residents attending. No objections were expressed at the open house. Planning Analysis PROVINCIAL POLICY STATEMENT AND GROWTH PLAN The proposal conforms as it involves the development of underutilized parcels of and within the urban boundary and utilizes existing infrastructure and municipal services. OFFICIAL PLAN The current Tourist Commercial designation allows consideration for residential development where lands are in excess of demand provided certain criteria are satisfied. The proposal satisfies the following: • Currently the lands are underutilized and there is sufficient commercially designated lands available in the area; • The proposed 4 storey height is not out of character for the area and the use will have frontage on an arterial road with public transit; • The building would not be overwhelming in terms of scale or mass Corey Delazzari 6018 Barker Street Niagara Falls, ON L2G 1Y4 Director of Planning & Development 4310 Queen St. Niagara Falls, ON L2E 6X5 Re: 6015 Barker St. Zoning By -law Amendment Application City File: AM- 2012 -002 To Whom It May Concern: I am OPPOSED to the application. There are too many apartments already on this part of Barker Street. W can't handle even more apartments when there are so many here already. We need more people being able to live on the street on a long -term basis, as owners, and putting roots down here. Too many now are just transient and it's ruining the street. I want the trees at the front of Battlefield School saved. There are hardly any trees along the street here, and the tall old trees in front of Battlefield are beautiful and healthy. We need them to help keep the street attractive. Yours truly, Corey Delazzari Tenant at 6018 Barker Street FRECEIVk y: 3 MAR 2 2 2012 YLr■ & DEV7 Nye T B.Mark Doucet 6007 Barker Street Niagara Falls, Ontario Canada. Re: planned Zoning By -law amendment file:AM -2012 -002 Members of Planning and Development committee I would like to express, in writing, my full opposition to the above proposed By law amendment. As the direct neighbour, I do not wish to live next door to yet another apartment complex, especially one that may be geared to income housing. I am also opposed to the commercial amendment as there is enough noise and problems with the existing establishments located on Main Street. I have no problem with the land being used as a park but will not support any other use for this land and should this be approved, I will have no choice but to relocate immediately. Regards, B. Mark Doucet RECE6 : 1 MAR 2 2 2U'2 • IL:NT &PEVFi..' Guennere Wheeler -Wing 9018 Barker Street Niagara Falls. ON t.2G 1Y4 Director of Planning & Development 4310 Queen St Nagara Falls. ON l2E 6X5 Re 6015 Barter St Zoning By-law Amendment Application Cdy File AM- 2012-002 I am OPPOSED to the above application This section of Barker Street is too dense already There are FIVE three story apartment buildings here on the section of Barker between Main and Drummond There is another on Culp Street tadong onto a coupe of my neighbours' properbes The YWCA s also on Culp behind Balker Street houses further down from me There also a lunch of low-rent aparbnettts around me corner in both directions on Main Street We are too devise here already' We don't grant our area to turn into a ghetto. just when its starting to revtal¢e 4 lot of the houses here on my pert of Barker have been tamed 'unto duplexes and triplexes. and there are at least two four -ilexes as welt 1 know one of the f ur- dexes and some of the triplexes are illegal but the City hasn't done anythlg to stop them, so we have more people Irving here already than we are supposed to De What other street in Niagara Falls (not the mapr roads lite Drummond and Dorchester, but narrow old streets like ours) has so much dsnsdy'u We don't have enough perking for visitors b residents o► the many aparonents here Vutors often pert illegally on the street making it hard to get past because there's not enough Perking available Most of the people who the here now are renters There are already too few single family homes on this part of Barker I thought there was supposed to be a balanced mix of housing types/ It is a bad des to add even more apartments when the street s top-heavy with apartments already There are not enough single fan-sly homes in proportion to the number of apartrnents Don't make 1 worsen I also don't want to see the trees at the front of Battlefield School removed There are hardly any street trees left on this part of Barker, and the CO hasn't been 'replacing those that have been taken down. The trees n front or Battlefield are like a green oasis on a pert or the street that would otherwise be very iugly n the summer because of no trees Crows and squrrels and other beds rive in totem. and those trees are very important to keeping our neighborhood an attractive place to live ' want the trees preserved' AU of them I also do NOT went more apartments added to this sedan of Barker Street which has WAY too many apartments already' Thank you Yours truly Guennere Wheeler -Wing Tenant at 6018 Banker Street 1 J RECEIVED MAR ? ? 2012 & DFV /11:* • 4614 Y•(-'2Ci4/ APR r 4 20-12 4o 9S feet<1 - hc:2 L 5 /I ‘.2 s - c 4271,1 -e; iiet.4<) ZA /47' /1.--el 4Z-e-.7e..., 7,-- (..‘„,e„..-1::„=".. ' . c L.4-1-314--fr,(41v›-C-4 YZ, / -3 c . , / . f—ce- - 7 • c! -5 LY--c „ILL, t,e---4t--,--e--(A( • --AC/ 4.) ,...Ate- " r --ok - • cC...; (../(2../C4, _1e Zy7 242- 4 - - L. L.e.2 • • ....47-,4 d -7 •-^L- 4.1e2/4-) 7 -2- 2c2_,> f ;2_ - ey L / 3:71/.1, Page 1 of 2 David Deluce - Re: input regarding City File: AM- 2012 -002 From: Alex Herlovitch To: Bradley Pine Date: 4/5/2012 2:44 PM Subject: Re: input regarding City File: AM- 2012 -002 CC: David Deluce; Dean Iorfida; Ken Mech Mr. Pine Your comments will be placed on the Council Agenda for April 24 when this matter will be considered at a Public Meeting. Alex Alex Herlovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Falls 4310 Queen Street P 0 Box 1.123 Niagara Falls ON L2E 5/5 :9051 356 -7521 ext 4231 Fax 905- 356 -2354 aherlovitch(a) ni aoarafal ls. ca »> Bradley Pine <bradleyrpine @yahoo.ca> 4/4/2012 8:40 PM »> April 4th, 2012 App City File: AM- 2012 -002 Let it be known that as a concerned City Of Niagara Falls Resident and Taxpayer I oppose any further commercial developments to the Drummond Hill property that relates to City File: AM- 2012 -002. As a concerned Canadian citizen, l urge the City Of Niagara Falls to by any means possible assist in enacting that the Drummond Hill property in Niagara Falls, Ontario as it relates to City File: AM- 2012 -002, currently known as the Battlefield School, be declared and protected as a National Historic Site. The aforementioned property is a major part of where The Battle of Lundy's Lane, during the War of 1812 occurred. I urge that the City Of Niagara Falls engage the Canadian Government to appropriate these lands in the name of our Canadian Heritage and to honour our history and war dead. I wish to be updated to any approved Zoning By -law Amendments that relate to City File: AM- 2012 -002. file:,'C:`'Documents and Settings'dd296',Local Settings\Temp'.XPgrpwise`.4f 7DAFE6Domai... 4'5!2012 Page 2 of 2 Thank you. Bradley Pine Concerned City of Niagara Falls Resident and Taxpayer Bradley Pine 5872 Summer Street Niagara Falls, Ontario L2G 1M2 tile:' C:' Documents and Settinus'dd296'.Local Settincsi Temn `.XPurnwise`,4F7T)AFr6flom:,i .1 /i''►f11' 4p J/J (5 .410P Ran* 871. ,11)/:L • 1- i /51,C Zr4. [f' (X-i—Z277 CEIVED APR 1 0 2012 PLANNING & DEV LOPMENT , _ 6‘..4-19--- \(. Petition summary background Battlefield School Property rezoning proposal Action petitioned for We, the undersigned, hereby request that The City of Niagara Falls withdi convert a portion of the property known as 6015 Barker Street to a Reside Density zone to permit the conversion of the existing Battlefield School t apartment building. The application does not represent good planning. 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Box 1023 Niagara Falls, ON L2E 6X5 ATTN: BOB BOLIBRUCK Dear Sirs: RE: BARKER STREET SCHOOL SITE It is the intention of Stamford Kiwanis to renovate Barker Street School to create apartments for seniors' occupancy and we will be marketing the building as a seniors' residence. We have had discussions with Drummond Hill Presbyterian Church who have indicated that there is a possibility that there may be a number of members of their Church who are seniors and may be interested in occupying the units. This building is not funded nor governed by Niagara Regional Housing therefore we are able to offer all the units, to seniors. We trust you will find this in order. /kc Kiwanis is a global organization of volunteers dedicated to Yours truly, SHABRI PROPERTIES LIMITE RECEIVED APR 1 3 2012 Brian McKeown, R.C.M., A.C.C.I. PLANNING & DEVELOPMENT changing the world one child and one community at a time. /`1477 & Ay ∎JD_ f S v ; /! 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Mr. Ken Todd, Chief Administrative Officer, City of Niagara Falls. RECEIVED APR 1 6 2012 OFFICE OF THE ADMINISTRATOR Jock Ainslie April 13, 2012 Dear Ken, I was at a meeting last evening at City Hall regarding the Stamford Kiwanis proposal for a 30 unit seniors complex on Barker Street. Having been a charter member of that Club, I know they have the best of intentions to help the community and it sounds like a worthwhile idea, BUT, it should be built elsewhere. It would block the plans of those of us who have been working hard, in my case over eight years, and in the late Ruth Redmond's, who donated the land north of Lundy's Lane, eighteen years, to say nothing about the City Hall committees who have worked more years to bring to fruition the creation of a nationally recognized Battle of Lundy's Lane Park, taking in the already Federally recognized area at the top of the hill. In the United States, battlefield parks attract many millions of dollars yearly to each of their nearby communities and it is the American tourists who would be our biggest supporters. They would be attracted particularly by the role played by their 21" Infantry in advancing straight through the Battlefield School site to storm the hill and seize the British guns. It would be folly to remove the main reason for their coming. Unfortunately, this is the very site chosen by the Kiwanians to build their seniors complex, and yet to make the Battlefield Park a viable entity to attract these American battlefield tourists, the school site must be cleared and zoned Open. To keep taking large bites out of the Park area is to doom it to failure. So much of the upper Park area is now a cemetery wherein lie the dead from both sides, so it is doubly important to preserve every square inch of the remaining land open to preserve the feasibility of the whole project . One disturbing thing that came out at the meeting last night was the fact that due to Provincial legislation, the School Board must deal with the sale of the school site by some date in June! This gives less time than is necessary to deal with the gathering of funds to save the land for Park purposes. There should be no rush to destroy the now -or -never development of the Lundy's Lane Battlefield Park and I have no idea what must be done to stop it. This Battle site is, to Canada's history, as important as the Gettysburg site is to the Americans. Can you imagine the U.S. government ever allowing any development to be placed on the Gettysburg site? Never. Perhaps our different levels of government could step in and give a reasonable breathing space so that the necessary funding could be raised. I understand that the City was said to be backing the proposal to build a new Soccer complex to the tune of $1,000,000, which just happens to be a bit more than the $900,000 needed for the City to secure the School site and its playground. Would it be possible for the City to secure ownership of the land for the Battlefield over Park, using the Soccer money now, so the Battlefield Park could be realized for the benefit of future generations of Canadians, and keep the Soccer idea on the back burner until new funds are available ? My position is that if the senior's complex goes through, then the land would be lost forever, and the full potential of the Park dream could never be realized. If the sale of the school site can be given even an extra year of breathing space in which to realize the necessary funding to save the land for the Park, then all is not lost. Of the following two choices, which makes better sense? 1. Postponing the building of the Soccer Complex to another year or two and having the Kiwanis Club very easily change their building plans to another site elsewhere in the City, OR, 2. Securing the full site for the Lundy's Lane Battlefield Park as a means of bringing a tremendously important tourist attraction to the City as well as being an educational destination for our school children to learn the history behind the reason we are now the Canadian nation we are all fortunate to be citizens of. It seems to make every sense in the world to choose the second option so that everybody becomes a winner, rather than the first option whereby all Canadians become losers! My hope is that all red - blooded Canadians of all levels of government with any sense of history, will be able to rescue the full plan for the Battle of Lundy's Lane Park by whatever means are necessary. Funds will be raised, but it takes more time than we seem to have under the present provincial legislation. What can be done to give Canadians the Park that so many have worked so hard for so long to realize? Sincerely, and with hope, Jock Ainslie P.S. - 1. The people who live on Barker Street-re hugely supportive of the idea of razing the school and seeing the new Park developed, and are vehemently against the seniors complex going ahead. 2. In the year following the battle, the black community of runaway slaves gathered under the grove of trees on that property and planned the building of the B.M.E. church which was later rolled to its present location just blocks away on Peer Street. Here again, is another good reason to leave the property Open, and each attraction would bolster the other. Tourists must have reasons to stay longer than the present flying -visit reality. 3. Is there a way for the three levels of government to work together to stop the threats to the Park's integrity and move towards the Park's development? J.S.A. E -mail: jandhainslie @cogeco.ca Copy sent to Mayor Diodati Phone: 905 374 4997 Janice Wing 5993 Barker Street Niagara Falls, Ontario L2G 1Y5 20 February 2013 Director of Planning & Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: ZONING BY -LAW AMENDMENT APPLICATION 6015 BARKER STREET CITY FILE: AM- 2012 -002 Dear Mr. Herlovitch, Please find below my objections to the above - referenced City- initiated rezoning application for the property municipally known as 6015 Barker Street. For your convenience, I have organized them as follows: Summary of my objections labeled 1 through 7 Recitals supporting same, labeled Section 1 through 7 Reasons (Historical and Cultural Heritage Value) Reasons (Process) Reasons (Land Use and Community Improvement) p. 2 pp. 3 - 22 pp. 23 - 25 pp. 26 - 27 pp. 28 - 32 Exhibits A and B and their appendices will follow under separate cover. Yours truly, Janice Wing 2 SUMMARY OF OBJECTIONS: 1) The proposed Zoning By -law amendment is not consistent with the Provincial Policy Statements 2005 (PPS). 2) The proposed Zoning By -law amendment is not consistent with the Growth Plan for the Greater Golden Horseshoe (GGH) or the City of Niagara Falls Official Plan Amendment No. 94 made in response to the GGH. 3) The proposed Zoning By -law amendment is not consistent with the Regional Municipality of Niagara's Regional Policy Plan Directives. 4) The proposed Zoning By -law amendment does not maintain the intent and purpose of the City of Niagara Falls' Official Plan. 5) The proposed Zoning By -law amendment does not maintain the intent and purpose of the City of Niagara Falls' Official Plan Amendment No. 94. 6) The proposed Zoning by -law amendment is not in conformity with the City of Niagara Falls' Historic Drummondville Community Improvement Plan (CIP). 7) The proposed Zoning by -law amendment is not in conformity with Parts I and IV of the Planning Act, R.S.O. 1990. Please find below specific recitals from the above -noted documents, followed by a brief summary of each of the three categories into which my objections fall. My earlier objections, on file from the April 22, 2012 Council meeting, still stand as well. RECITALS: SECTION 1 3 Not consistent with the Provincial Policy Statements 2005 (PPS): http: // www.mah.gov.on.ca /Page1485.aspx Although the PPS and GGH generally direct residential intensification to the built -up urban area, there are situations where good and careful planning dictates exceptions to these general policies. This is such a situation. The proposal is not consistent with the most appropriate development or use of the property. The proposal is not consistent with these policy statements in particular: Part IV: Vision for Ontario's Land Use Planning System The Province's natural heritage resources, water, agricultural lands, mineral resources, and cultural heritage and archaeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key provincial interest. Part V: Policies 1.0 Building Strong Communities 1.1.1 Healthy, livable and safe communities are sustained by: a. promoting efficient development and land use patterns which sustain the financial well -being of the Province and municipalities over the long term; 1.1.3 Settlement Areas 1.1.3.3 Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or 4 areas ... 1.7 Long -Term Economic Prosperity 1.7.1 Long -term economic prosperity should be supported by: a. optimizing the long -term availability and use of land, resources, infrastructure and public service facilities; f providing opportunities for sustainable tourism development; 2.0 Wise Use and Management of Resources Ontario's long -term prosperity, environmental health, and social well- being depend on protecting natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Accordingly: 2.6 Cultural Heritage and Archaeology 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. 4.0 Implementation and Interpretation 4.5 The official plan is the most important vehicle for implementation of this Provincial Policy Statement. 6.0 Definitions Conserved: means the identification, protection, use and /or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Cultural heritage landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It 5 involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Heritage attributes: means the principal features, characteristics, context and appearance that contribute to the cultural heritage significance of a protected heritage property. Significant: means g. in regard to cultural heritage and archaeology, resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. RECITALS: SECTION 2 6 Not consistent with the Growth Plan for the Greater Golden Horseshoe (GGH) or the City of Niagara Falls Official Plan Amendment No. 94 made in response to the GGH: http: / /www.moi.gov.on.ca /pdf /en /GrowthPlan GGH.pdf Places to Grow: Growth Plan for the Greater Go /den Horseshoe, 2006 1.1 Context The Growth Plan for the Greater Golden Horseshoe (this Plan) has been prepared under the Places to Grow Act, 2005. It is a framework for implementing the Government of Ontario's vision for building stronger, prosperous communities ... 2.2.3 General Intensification 6. All municipalities will develop and implement through their official plan and other supporting documents, a strategy and policies to phase in and achieve intensification and the intensification target. This strategy and policies will - b) encourage intensification generally through the built -up area c) identify intensification areas to support achievement of the intensification target e) recognize urban growth centres, intensification corridors and major transit station areas as a key focus for development to accommodate intensification 6. Definitions Intensification Corridors Intensification areas along major roads, arterials or higher order transit corridors that have the potential to provide a focus for higher density mixed -use development consistent with planned transit service levels. 7 4. Protecting What is Valuable 4.1 Context The GGH is blessed with a broad array of unique natural heritage features and areas, irreplaceable cultural heritage sites, and valuable renewable and non - renewable resources that are essential for the long -term economic prosperity, quality of life, and environmental health of the region. These valuable assets must be wisely protected and managed as part of planning for future growth. 4.2.4 A Culture of Conservation 1. Municipalities will develop and implement official plan policies and other strategies in support of the following conservation objectives: e) Cultural heritage conservation, including conservation of cultural heritage and archaeological resources where feasible, as built -up areas are intensified. 5. Implementation and Interpretation 5.1 Context Key to the success of this Plan is its effective implementation. Successful implementation will require that all levels of government, non - governmental organizations, the private sector, and citizens work together in a co- ordinated and collaborative way to implement the policies of this Plan and to realize its goals. 5.4 Policies for Implementation and Interpretation 5.4.1 General implementation and interpretation 1. This Plan, including context sections, definitions and schedules, should be read in its entirety and all relevant policies are to be applied to each situation. 5. The policies and targets of this Plan represent minimum standards. Planning authorities and decision - makers are encouraged to go beyond minimum standards established in specific policies and targets, unless doing so would conflict with any policy of this Plan, the applicable PPS, or any other provincial plans. RECITALS: SECTION 3 8 Not consistent with the Regional Municipality of Niagara's Regional Policy Plan Directives: SECTION TWELVE IMPLEMENTATION It is intended that this Plan be read in its entirety as existing and proposed land uses may be subject to policies within different sections of the Plan. Where multiple policies apply, these are to be applied in either a cumulative or integrated manner, such that all of the policies that relate to a matter are addressed, with the more specific or restrictive policy applying where there are conflicts. Policies are not meant to be read in isolation of the rest of the policies, both general and specific. SECTION THREE REGIONAL STRATEGY FOR DEVELOPMENT AND CONSERVATION http://www.niagararegion.ca / living /icp /pdf /policy /regional- strategy- 2011- Policy- Plan.pdf As a community, Niagara has special qualities, rooted in its rich cultural and historical heritage ... The preservation and enhancement of the Region's special character will be important to the quality of life here in the future ... There is the opportunity to establish a framework to guide change that will preserve and enhance what is special about Niagara while also accommodating growth and new development. To this end, seven strategic objectives have been identified along with underlying principles which assist in the attainment of the objectives. Strategic Objectives 3.5 To improve regional self - reliance through long -range economic development planning and economic diversification. - Creation of tourism development opportunities 9 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM http://www.niagararegion.ca/ living /icp /pdf/ policy /economic - development- tourism- 2011- Policy- Plan.pdf 4) Economic Development and Tourism Tourism plays a very important role in Niagara's economy, providing employment and generating business for support service and supply industries. It is an industry with significant growth potential. He policies in this Plan are designed to support the continued growth and development of Niagara as a tourist destination with those special qualities that make the region attractive to both tourists and to residents. SECTION SEVEN NATURAL RESOURCES AND ENVIRONMENTAL AREAS http: / /www. niagararegion.ca /living /icp /pdf /policy /natural- resources- environment- areas- 2011- Policy- Plan.pdf 7.E Recreation and Open Space Policy 7.E.3 The Region may provide funding for land acquisition in cases where this cannot be accomplished through other agencies. Wherever possible, acquisition programs shall be in co- operation with other agencies and shall use available cost - sharing programs. The Region will also seek the necessary legislative changes to permit such funding. 7.F Historic Sites and Buildings Objective 7.F.1 To preserve buildings, communities and other sites of significant historic and architectural interest. Policies for Historic Sites and Buildings Policy 7.F.1 The Region will encourage local municipalities to take advantage of the provisions of The Ontario Heritage Act regarding the designation and protection of historic and architecturally significant buildings and sites. Policy 7.f.2 The Region, in co- operation with other levels of government and concerned private groups, will identify, inventory and evaluate sites and buildings of major historic and architectural significance. 10 Policy 7.F.3 The Region will carefully review new development proposals which might impair the historic or architectural character of sites and buildings evaluated as being of significant interest. Policy 7.F.4 Each area municipality should provide policies in its official plan for the protection of sites and buildings which have historical or architectural significance. There should be provision for the area municipality to delay the demolition or extensive alteration of significant sites or buildings for a specific period to allow time for negotiations or public purchase. Policy 7.F.5 The public works and projects of all levels of government should wherever possible be in harmony with the character of historic and architecturally significant buildings and communities. SECTION TWELVE IMPLEMENTATION http://www.niagararegion.ca/ living /icp /pdf /policy /implementation - 2011- Policy- Plan.pdf Policy 12.5.1.D Table 1 for Complete Application Planning Justification Report: Any proposal for development or site alteration should demonstrate that it meets goals, objectives and policies of Provincial plans and policy statements, the Regional Policy Plan and the Municipal Official Plan and provide an indication of whether it conforms to applicable Provincial plans and policies. Archaeology and Cultural Heritage Assessment: Any development or site alteration proposed in proximity to lands that contain known archaeological resources or areas of archaeological potential. Heritage Impact Analysis: Any development or site alteration proposed on or adjacent to lands, 11 structures or buildings designated under the Ontario Heritage Act or listed on an approved heritage resource inventory. APPENDICES http: / /www. niagararegion.ca /living /icp /pdf /policy /Appendices- 2011- Policy- Plan.pdf Region of Niagara Sustainable Community Policies: Places To Grow /2005 Provincial Policy Statement Conformity and Niagara 2031 Amendment Policy Plan Amendment 2 -2009 5.8.4 Tourism and Recreation 1. Tourism and recreation related development is recognized as one of the core components of Niagara's economy. 2. The Region supports and encourages the continued expansion and development, within Settlement Areas, of opportunities related to tourism and recreation. 5.10 Culture and Heritage 2. The Region encourages support for conservation, restoration, enhancement, and adaptive re -use of Niagara's cultural heritage resources. 3. Cultural heritage resources shall be conserved, enhanced, restored or re -used to protect the cultural identity of existing communities, particularly where intensification is being considered. 4. New development or redevelopment within or adjacent to heritage areas or districts, or adjacent to a designated heritage site, should be compatible in scale, architectural treatment and land use with the existing heritage features within or adjacent to the area, or of the site. 8. NIAGARA ECONOMIC GATEWAY POLICIES 8.10 TOURISM AND CULTURE 1. It is the policy of the Region to work with major tourist institutions, the cultural sector and post secondary educational institutions to encourage cooperative initiatives that build on the success of these sectors in the Region and create innovative opportunities for improved programs and facilities. RECITALS: SECTION 4 12 Does not maintain the intent and purpose of the City of Niagara Falls' Official Plan: http: / /www.niagarafalls.ca/ city - hall /planning /official - plan.aspx Part 2 — Land Use Policies Section 1 — Residential: 1.4.1 All residential development shall be coordinated with the pattern of surrounding development having regard to such matters as housing mix and densities 1.4.3 Undue concentrations of any particular housing type shall be avoided. A variety of low, medium and high density housing shall be promoted. 1.7 Single detached housing will continue to dominate the character and identity of residential neighbourhoods, although an increasing demand for various types of multiple residential accommodation is recognized. In providing for these demands, varieties of residential types will not be mixed indiscriminately, but will be arranged in a gradation of building heights and densities according to the following guidelines and applicable secondary plan policies. 1.10 New residential development and infilling shall be designed and integrated to achieve compatibility and sensitivity with the surrounding area in terms of density, height gradation, building mass and arrangement, setbacks and appearance. Appropriate open space, separation distance and design measures, including landscaping and buffering, shall be provided to maximize privacy and to minimize any adverse impact on neighbouring uses. 1.12 Several categories of residential land use will be established in the zoning by -law to accommodate a variety of housing types and densities. In the zoning of lands for residential purposes, regard shall be had to the policies of this Plan, applicable Secondary Plans and the following. 13 1.12.3 Compatibility with surrounding housing and future development. 1.12.7 Affordability and housing mix. Part 2 — Land Use Policies Section 4 — Tourist Commercial: This Official Plan establishes policies for the Tourist Commercial Area which emanate from the Niagara Falls Tourist Area Development Strategy and public consultation. The overall emphasis of that strategy is to improve the physical setting of the Tourist Area, creating a world -class tourist destination which fosters increased visitor spending, lengthens visitor stays and extends the tourist season. 4.1.4 The City shall seek the assistance of senior levels of government and other associated agencies and institutions in improving the public tourism infrastructure of Niagara Falls to ensure that the City, Region, Niagara Parks Commission, Province and private developments realize their full economic potential as an international tourist destination. 4.2.3 The Lundy's Lane Satellite District is a multi - functional commercial area catering to both City residents and tourists. A portion of the District also provides opportunities for cultural heritage preservation. 4.2.26 The Lundy's Lane District shall function as a commercial corridor for City residents, a supporting commercial corridor for tourist functions, and a heritage district at Drummond Hill. It shall provide a wide variety of retail - commercial and tourist - commercial uses at a small and medium scale. These shall include the continued provision of auto - related service commercial uses, hotel and motel accommodations, campgrounds, recreational uses, restaurants, supporting retail facilities and historically- related tourist opportunities. 4.2.28 The enhancement of the Lundy's Lane Battlefield site and its retention as a historically important open space together with other related historical uses such as the Lundy's Lane Museum shall be supported. 4.3.1 The physical setting of the Niagara Falls tourist area requires upgrading and renewal to reflect an internationally significant tourist destination image. In order to do this, a high quality public realm must be created consisting of generously landscaped streets, open spaces, parks and gateways. Public and private development will occur within this new planning framework. 4.3.11 The City's vision of becoming an international tourist destination shall be achieved through the upgrading and improvement of the physical plant ... 14 Part 2 — Land Use Policies Section 14 — Special Policy Areas: Notwithstanding the general policies of the Official Plan, certain areas are designated Special Policy Areas due to their unique characteristics and /or special circumstances, some which may affect their development or redevelopment. Special Policy Areas are shown in a triangular pattern on Schedule "A" of this Plan and are subject to the following special policies. 14.10 SPECIAL POLICY AREA "10" The designation of Special Policy Area "10" is representative of the Drummond Hill area of Lundy's Lane. This area contains historic significance as the location of the Battle of Lundy's Lane in the War of 1812. It is intended that the lands in this area will be protected and preserved to commemorate the Battle of Lundy's Lane. Part 4 Administration and Implementation Section 11 — Community Improvement 11.3 The following criteria should be considered in designating a Community Improvement Project Area: 11.3.1 buildings, building facades, and /or property, including buildings, structures and lands of architectural /heritage significance, in need of preservation, restoration, repair, rehabilitation, or redevelopment. 11.3.6 Inadequate mix of housing types 11.4 Priority for the designation of Community Improvement Plan Project Areas and the preparation and adoption of Community Improvement Plans shall be given to those areas: 11.4.1 shown as General Areas for Community Improvement in Appendix V of this Plan; and /or 11.4.3 where one or more of the conditions as established in Section 11.3 is particularly acute; 15 11.6 In order to implement Community Improvement Plans within designated Community Improvement Project Areas, Council may undertake a range of actions, including: 11.6.6 support of heritage conservation through the Ontario Heritage Act and the Niagara Falls Municipal Heritage Committee. Part 5 Appendix V to the Official Plan — Community Improvement Areas http: / /www.niagarafalls.ca /pdf /planning /zoning- official - plan /official - plan- appendix- 5-cip.pdf Commercial 10 Historic Drummondville Part 4 Administration and Implementation Section 14 — General Implementation Policies: 14.2 In order to ensure that all possible information is available to the City, the public and agencies involved in reviewing an application under the Planning Act, the prescribed information required under the Planning Act shall be provided along with additional information and /or reports that may be required, as determined through pre - consultation, such as, but not limited to, the following: 14.2.1 A planning justification report describing the appropriateness of the site for a proposed use and compatibility of the proposed development with surrounding land uses and consistency with the Planning Act and its Policy Statements and conformity with any Provincial Plans, the Regional Niagara Policy Plan and this Plan. 14.2.6 A traffic impact study where the development proposal may affect traffic patterns, safety or the intensity of traffic or revisions to a roadway or entrance. 14.2.10 A tree inventory and tree preservation plan, where an individual significant tree or any group of trees, including a woodland as defined by the Region's Tree and Forest Conservation By -law, may be impacted by a proposed development. 14.2.13 A heritage impact study where development is proposed on or adjacent to lands, structures or buildings listed on the City's Register of Heritage Properties. 16 14.2.14 A park and trail needs assessment that demonstrates how the proposed development integrates or conforms with the City's Bike and Trails Master Plan or any other plan that the City may pass from time to time. 14.2.15 An archeological study if the lands are within an area of archeological potential. 14.2.16 A financial impact study addressing the financial implications of the proposal on the City, neighbouring lands or the general market in the City. Part 5 Appendix I — Definitions: 1.12 "Cultural Heritage Landscape" - a defined geographical area, often modified by human activities, that are valued for their important contribution to our understanding of the history of a place, an event, or a people. The geographical area may have been specifically designed or may have evolved over time and may be continuing to evolve. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together for a significant type of heritage form, distinctive from that of its constituent elements or part such as gardens, main streets, neighbourhoods or trails. 1.13 "Cultural Heritage Value or Interest" - includes built heritage resources, cultural landscapes and sites of archaeological importance. 1.21 "Heritage Impact Assessment" - a study prepared by a qualified person(s) to determine if a specific development proposal will impact on any heritage resource or areas of archaeological potential. The study shall demonstrate how the cultural heritage resource will be conserved in context of the development and make recommendations on mitigative or avoidance measures, including alternative development approaches. Part 5 Appendix VI — Future Cultural Heritage Study Areas: Lundy's Lane Battlefield (municipally owned sites plus related publicly - owned properties RECITALS: 17 SECTION 5 Does not maintain the intent and purpose of the City of Niagara Falls' Official Plan Amendment No. 94: PART 1 — PLAN OVERVIEW AND STRATEGIC DIRECTION SECTION 1 — BASIS OF THE PLAN GENERAL POLICIES 3.4 The intensification through redevelopment of lands designated Residential in this Plan shall comply with the policies of Section 1.15.5 of this Plan. SECTION 1 - RESIDENTIAL Residential development should occur in a manner which is compatible with the surrounding neighbourhood. BUILT -UP AREA 1.15.1 The character of the existing neighbourhoods within the Built -up Area shall be retained. Accordingly, residential development, intensification and infilling shall blend into the lot fabric, streetscape and built form of a neighbourhood. 1.15.5(i) Single detached, semi - detached, street townhouses, block townhouses and other compatible housing forms ... are to be of a height, massing and provide setbacks that are in character with the surrounding neighbourhood. SECTION 3 — INTENSIFICATION INTENSIFICATION NODES General Policies for the Downtown and Drummondville Nodes 3.14 In order to support the revitalization and redevelopment of Downtown and Drummondville areas, Council shall: (b) promote development that builds on the unique features and heritage aspects of the nodes; 18 3.14.1 d) all new buildings and developments shall be designed not to overwhelm: - buildings listed on the Municipal Register of Heritage Properties; and - open space areas 3.14.1. e) all new buildings and developments shall be designed so as not to impede the views and vistas of natural or cultural heritage landscapes; 3.14 1 f) all new buildings and developments shall be oriented to, and located to frame, the abutting streets and create a continuous street edge; HERITAGE 3.14.3 ... Development adjacent to and surrounding any significant heritage properties shall be designed so as to not adversely impact on the character, quality or amenity associated with the heritage resource. New development shall be of original design which reflects the character of the heritage buildings through consideration of massing, scale and, to a lesser degree, elements and details. Particularly in infill situations, new development, should respect the height, street wall setback and massing of adjacent heritage buildings and /or reintegrate those aspects of heritage design which have been lost in a particular street segment. PROPERTY CONSOLIDATION 3.14.4 Section 28 of the Planning Act permits municipalities to acquire land for the purpose of community improvement. The Community Improvement Plan for each node provides for a general program for the City's involvement in property acquisition, investment and public /private partnerships. Council may also consider selling surplus City -owned land for redevelopment. In such cases, the City will also undertake a process that requires interested parties to submit a proposal for the development of the lands. These proposals shall be assessed on specific criteria established for the subject lands and the following policies: - compliance with the policies of this Plan; - consistency with the goals and objectives of the Community Improvement Plan; - sensitivity of the proposal to the surrounding land uses and heritage character; - the potential of the proposal to stimulate further regeneration and intensification; and - the financial impacts of the proposal on the City. 19 PART 2 — LAND USE POLICIES SECTION 3 — COMMERCIAL 3.3.1.5 DRUMMONDVILLE ii) Commercial redevelopment of Drummondville should capitalize on the heritage attributes of the area, specifically the Lundy's Lane battlefield ... iii) The development of 1,000 dwelling units is anticipated. Residential uses may develop as part of a multiple -use building or as stand -alone buildings. Proposals for residential development shall comply with the policies of Part 1, Section 3. Section 3.14.3 HERITAGE Development adjacent to and surrounding any significant heritage properties shall be designed so as not to adversely impact on the character, quality or amenity associated with the heritage resource. PART 3, SECTION 5 — URBAN DESIGN STRATEGY POLICIES 5.1 New development, redevelopment and public works projects shall utilize building, streetscaping and landscaping designs to improve the built and social environment of the City and to enhance quality of life. Development should integrate and be compatible with the surrounding area including natural heritage and cultural heritage features. 5.1.1 The design of new development and redevelopment shall specifically address height, setbacks, massing, siting and architecture of existing buildings in order to provide a compatible relationship with development in an area. 5.1.2 Development shall be oriented to the pedestrian. As such buildings shall be set as close to the street as possible ... " 5.1.4 ... Furthermore, new development and redevelopment should be designed and sited to minimize the obstruction of scenic views and vistas. RECITALS: 20 SECTION 6 Not in conformity with the City of Niagara Falls' Historic Drummondville Community Improvement Plan, October 2006 (CIP): http://www.niagarafal1s.ca/pdf/ business /cip /main- and - ferry /drummondville- cip.pdf ... making land use and infrastructure decisions to assist in the revitalization of Historic Drummondville. ... Respecting historical buildings and areas. The Battlefield Public School and adjacent residential properties on Barker Street have been included in recognition of the potential long term role that these properties could play in connecting the Battlefield Precinct to Main Street and the Cultural Market Precinct. 6.1.3 BATTLEFIELD PRECINCT The Vision for Historic Drummondville identifies the Battlefield Precinct as being a high profile, interpretive tourist attraction that is connected to and reinforces the revitalization of Main Street. It is intended that the site of the Battle of Lundy's Lane be celebrated in a manner that recognizes the national and international significance of this site, while tying it to the historic core of Drummondville. This will allow for the development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area. The long -term preservation of the Drummond Hill Cemetery, the Battle Ground Hotel Museum, and the adjacent school yard is critical in building a cohesive precinct, while providing pedestrian connections between the historic Lundy's Lane Battlefield site and Main Street. In order to properly protect and conserve the key heritage features, and to provide for the development of linkages and interpretive facilities, key sites need to be redesignated and rezoned to ensure their long -term availability for reuse. 21 7.2.5 PUBLIC SPACE, NODES AND LINKAGES Historic Drummondville should be strengthened by improving the quality and accessibility of its parks and open space network. These open spaces link the neighbourhood together while enhancing the public realm and providing for pedestrian and bicycle access from other neighbourhoods and areas. C. URBAN DESIGN GUIDELINES Fund a study to create pedestrian linkages between the Vintners' Marketplace and the Battlefield Precinct, and cycling connections from Historic Drummondville to the rest of the City. One of the most critical needs identified during the public consultation process was the need for the City to provide proactive leadership and support for revitalization of Historic Drummondville ... A proactive strategy of municipal leadership has been shown to be a key component of successful revitalization of older commercial areas in other Canadian and U.S. cities. The purpose of the Municipal Leadership Strategy (MLS) is to set the framework for the City to provide support and leadership on revitalization and redevelopment initiatives in Historic Drummondville. The recommended actions in the MLS represent a long -term strategy on the part of the City to focus its efforts and financial resources on public sector investments and actions that are designed to act as catalysts to leverage private sector investment in Historic Drummondville. TARGETED IMPROVEMENTS B. LAND USE 5. Redesignate lands associated with the Battle Ground Hotel Museum, Coronation Park, Drummond Hill Cemetery, Drummond Hill Trail, Municipal Parking Lot 14, and Battlefield Public School to "Open Space ". (OP Amendment) 6. Rezone lands associated with the Battle Ground Hotel Museum, Coronation Park, Municipal Parking Lot 14, and Battlefield Public School to "Open Space Zone (0S)". (ZBL Amendment) RECITALS: 22 SECTION 7 Not in conformity with the Planning Act, R.S.O. 1990 http : / /www.e- Iaws.gov.on.ca /html/ statutes /english /elaws_statutes_90p 13_e. htm PART I PROVINCIAL ADMINISTRATION Provincial Interest 2. The Minister, the council of a municipality, a local board, a planning board and the Municipal Board, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, (d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; (p) the appropriate location of growth and development; PART IV COMMUNITY IMPROVEMENT Community Improvement Project Area 28. (6) Powers of council re land (6) For the purpose of carrying out a community improvement plan that has come into effect, the municipality may, (a) construct, repair, rehabilitate or improve buildings on land acquired or held by it in the community improvement project area in conformity with the community improvement plan, and sell, lease or otherwise dispose of any such buildings and the land appurtenant thereto; (b) sell, lease or otherwise dispose of any land acquired or held by it in the community improvement project area to any person or governmental authority for use in conformity with the community improvement plan. R.S.O. 1990, c. P.13, s. 28 (6); 2001, c. 17, s. 7 (6). 23 REASONS: HISTORICAL AND CULTURAL HERITAGE VALUE EXHIBIT A: "Cultural Heritage Value of the Central Lundy's Lane Battlefield" Main Report and Appendices previously submitted by Friends of the Lundy's Lane Battlefield President Bill Colclough to the Niagara Falls Municipal Heritage Committee in February 2013. The property at 6015 Barker Street which is the subject of City- initiated Zoning by -law amendment application AM- 2012 -02 was the U.S. position at the Battle of Lundy's Lane and was the central "killing ground." It is what the GGS refers to as an "irreplaceable cultural heritage site." The authoritative study of the Battle of Lundy's Lane is Donald E. Graves' Where Right and Glory Lead! ISBN 1- 896941 -0306. Appendix Al to Exhibit A contains Mr. Graves' mapping from that book. Those same troop movements were plotted on an aerial photo of the area as part of the Lundy's Lane Battlefield Master Plan Study conducted for the applicant in the late 1990s. That aerial photo (Appendix C to Exhibit A) shows the redundant school building currently on the subject property lying squarely within the path of the U.S. advance in the pivotal minutes of the Battle of Lundy's Lane. The cover description of Where Right and Glory Lead! summarizes: Lundy's Lane was the bloodiest battle of the War of 1812 and the bloodiest fought on what is now Canadian soil. It was the high mark of the 1814 Niagara campaign, which was the longest campaign of the War and the last time that Canada suffered a major foreign invasion. The Federal Minister of the Environment, the Honourable Peter Kent, has confirmed in a letter dated Nov. 23, 2012 that: "The Drummond Hill property where the Battlefield Public School is located is within the boundaries of Lundy's Lane National Historic Site of Canada." 24 The Zoning by -law amendment application seeks to prepare for sale for private development key lands that are part of a National Historic Site, and have been in public ownership for the past 135 years, as the Bicentennial of that battle rapidly approaches. Niagara Falls Municipal Heritage Committee staff liaison Peggy Boyle advised in an email dated Feb 14, 2013 that the Municipal Heritage Committee had passed a motion: "That the entire property known municipally as 6015 Barker Street be designated under Part IV of the Ontario Heritage Act as a cultural heritage landscape due to its associative value with the Battle of Lundy's Lane during the War of 1812 - 1814." The PPS is clear that "significant cultural heritage landscapes shall be conserved." The PPS requirement "shall be conserved" means "protection, use and /or management ... in such a way that their heritage values, attributes and integrity are retained." Rezoning to R5A to permit redevelopment and expansion, for apartment use, of a large redundant building sited within the central U.S. position, directly upon where key troop movements took place, would not be consistent with retaining the "heritage values, attributes and integrity" of the property in question, nor of the wider battlefield of which the property is an essential part. Similarly, the Regional Policy Plan directs that a significant cultural heritage resource shall "be conserved, enhanced, restored or re -used to protect" the cultural identity with which it is associated. The proposed Zoning by -law amendment does not conform with Regional Policy Plan Directive 5.10.3. The Zoning by -law amendment application is not consistent with conserving, enhancing, restoring or reusing in a way that protects the resource. The application is not consistent with the wise use and management of the resource. Conservation of the battlefield's significant heritage features cannot be achieved by intensifying the use of the property as proposed, nor by expanding the building envelope as per the intention stated by John Prentice 25 ( "strong outer walls ... would allow us to have a second floor ... would allow us to have thirty units ") at the January 22, 2013 Council meeting. The building is a prominent feature in and abutting the parklands that the applicant owns and intends to expand. The view southeastward, from the British position toward the U.S. lines and path of advance, is already significantly impaired by the massive modern school building. EXHIBIT B: "21St Century Tourism: Meeting the Needs" literature review released by Friends of the Lundy's Lane Battlefield, September 2012. The key to building American visitation to the Lundy's Lane Battlefield is to offer those visitors the opportunity to stand upon the U.S. position and learn, on the ground where their troops stood, about their experience at the battle. Rezoning that ground to R5A would remove the opportunity for visitors to retrace the movements of the American troop formations and to learn concretely about the American tactics and experience. Why would anyone wish to thus undermine the site's potential as a tourist destination? The application is not consistent with protecting the Lundy's Lane Battlefield cultural heritage resource. It is not consistent with maintaining the economic benefits of that resource: Providing opportunities for sustainable tourism development consistent with maintaining Ontario's long- term prosperity. As the "killing ground" encountered by an invading foreign army on an international battlefield, the subject property holds potential in helping create a world -class tourist destination and fostering increased visitor spending, lengthened visitor stays, and extending the tourist season. Conservation and restoration would support the PPS regarding building strong communities, securing the financial well being of the Province and municipalities, long term economic prosperity, and building sustainable tourism opportunities. Rezoning to R5A would invite the opposite. REASONS: 26 PROCESS 1. Policy 12.5.1.D of the Regional Municipality of Niagara's Regional Policy Plan Directives states that a complete planning application requires: Heritage Impact Analysis: Any development or site alteration proposed on or adjacent to lands, structures or buildings designated under the Ontario Heritage Act or listed on an approved heritage resource inventory. The adjacent property at 5993 Barker Street, "Henry Spence House," abuts the subject property along the entirety of its northern boundary and a portion of its western boundary. It is listed in the Municipal Register of Heritage Properties. The Municipal Register of Heritage Properties meets the definition of "an approved heritage resource inventory." That alone triggers the requirement for a Heritage Impact Analysis. The property at 5977 Barker abuts the subject property at its northwest corner. It is also listed in the Municipal Register of Heritage Properties. The "Morse Funeral Home" at 5917 Main Street abuts the subject property along its western boundary. It too is listed in the Municipal Register of Heritage Properties. Furthermore, the "Lundy's Lane Battlefield (municipally owned sites plus related publicly -owned properties)" is identified as a "Future Cultural Heritage Study Area" in Appendix VI to the Official Plan. At the time of the passage of the Official Plan, the subject property fell into the category of a related publicly -owned property. It has since become a municipally owned site. Additionally, Federal Environment Minister Peter Kent has advised (Appendix G in Exhibit A) that: "The Drummond Hill property where the Battlefield Public School is located is within the boundaries of Lundy's Lane National Historic Site of Canada." I asked, in an April 20, 2012 email (four days before the first Public Meeting 27 for the subject application) to Peggy Boyle: My question to you, as the staff liaison to the Municipal Heritage Committee, is this: Has the MHC reviewed the property at 6015 Barker Street (the subject of AM- 2012 -002) as per the above policies? City of Niagara Falls Planner David Deluce responded, in an email dated April 20, 2012, advising: Peggy Boyle forwarded your question to me asking if application AM- 2012 -002 was circulated to the Heritage Committee. We reviewed the surrounding properties prior to sending our public meeting notice and the only feature that is designated under the Heritage Act is the Copper Beech Tree on the cemetery property. Staff were of the opinion that the application would not have a negative impact on the tree and that it was unnecessary to circulate the Heritage Committee. If you h ave any questions, please let me know. Staff's decision that it was unnecessary to circulate the Heritage Committee was not in compliance with the governing legislation. The process has been flawed by this failure to comply and the advancement of an incomplete planning application. 2. It is suggested that a financial impact study also should have been included, as per Policy 12.5.1.D of the Regional Municipality of Niagara's Regional Policy Plan Directives, to address the lost economic prosperity opportunities and long -term financial implications of any failure to protect the cultural heritage attributes as referenced in the PPS, GGH, and Regional Policy Plan Directives. It is suggested that a financial impact study addressing the financial implications of the proposal on the City and neighbouring lands was also warranted, for the same reasons, by Part 4 Section 14 Policy 14.2.16 of the Official Plan. REASONS: 28 LAND USE AND COMMUNITY IMPROVEMENT The PPS directs promotion of opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas. Intensification of the scale proposed cannot be accommodated on the subject property. The existing building stock on this particular street segment has been extensively overdeveloped. There is already an undue concentration of a particular housing type (apartments) on this particular street segment. There is also a concentration of non - profit housing on this particular street segment. Niagara Support Services maintains affordable units for its clients at two properties (6136 Barker and 6146 Barker) on this particular street segment. The Zoning by -law amendment application does not conform to the Official Plan directive that "Undue concentrations of any particular housing type shall be avoided." The majority of the five three - storey apartment buildings already existent on this particular street segment were developed without adequate parking provisions. Neighbours described, at the Open Houses held in March and April 2012, unsafe conditions caused by drivers' attempts to pass vehicles parked on the narrow old street. Road widening is not a viable option because of the street wall setback: Much of the building stock was built close to the street. Thirty more units cannot be reasonably accommodated in these current overdeveloped conditions. The building mass, arrangement, setbacks and appearance are out of character with the surrounding building stock on this particular street segment. 29 The subject property is within the Drummondville Node. The General Policies for this Node direct that Council shall "promote development that builds on the unique features and heritage aspects" of that node. The application is not consistent with the direction. Official Plan Amendment No. 94, Section 3.14.3 Heritage identifies the Area of which the subject property is a part as possessing "a rich architectural heritage comprised of several architectural styles and periods including buildings or properties listed on the Municipal Register of Heritage Properties." One such property directly abuts the portion of the subject property proposed to be rezoned to RSA. Section 3.14.3 Heritage directs: "Development adjacent to and surrounding any significant heritage properties shall be designed so as not to adversely impact on the character, quality or amenity associated with the heritage resource." The massing and scale of the existing building is severely out of proportion with that of the building stock surrounding the subject property. The planned increase in the size of the building envelope suggested at the January 22, 2013 Council meeting would adversely impact the character, quality and amenity of the existing building stock and area. It would also adversely impact the character, quality or amenity associated with the Lundy's Lane Battlefield cultural heritage landscape resource. Even without an expansion of the building envelope, the street wall setback and massing of the adjacent heritage building stock are not respected. The proposed Zoning by -law amendment is not sensitive to the surrounding land uses (including other municipally owned central battlefield lands) and heritage character. The subject property is included in the Community Improvement Plan Area for this node. The proposed Zoning by -law amendment application for the subject property is not consistent with the goals and objectives of the Community Improvement Plan; has demonstrated a potential to impede 30 further regeneration; and presents potential negative long term financial impacts on the city (reference Exhibit B). Official Plan Amendment No. 94, Section 5.1.4 directs that new development and redevelopment should be designed and sited to minimize the obstruction of scenic views and vistas. The proposed development would severely obstruct the scenic vista looking toward the U.S. position at the battle from adjacent municipally owned battlefield properties. It would obstruct a significant Cultural Heritage Landscape. The massive building footprint far exceeds that of the abutting dwellings on either side, and of the half -dozen or more dwellings directly across the street. The enormity of its footprint in relation to all the other buildings on this particular street segment, even the five existing apartment buildings, can be immediately recognized by looking at Appendix C to Exhibit A — aerial photo and maneuvers produced by Carl Bray during the Lundy 's Lane Battlefield Master Plan study commissioned by the applicant in the late 1990s. The building arrangement is most unfortunate. The Bray aerial photo shows the enormous Battlefield School footprint lying directly in the path, in its entirety, of the U.S. 21st Infantry's advance upon the heights where it took the British guns in the pivotal minutes of the battle. One of the purposes of regulating building arrangement and site design is to help protect significant environmental and historic features, promote a sense of neighborhood and community identity, and reduce the visual impact of high- density development on the surrounding area. The protection of the Cultural Heritage Landscape, most particularly the vista from the National Memorial and environs out over the central battlefield and, specifically, of the path of the U.S. advance is significantly compromised by the intrusion of this massive modern building. The applicant has purchased and demolished viable housing units, ostensibly for battlefield park purposes, on other nearby lands which were not the 31 "killing ground" described by Mr. Graves and which did not see the significant troop movements the subject property did. It is perplexing that the applicant would propose to leave a redundant building intact on a vitally important property, and propose to intensify its use, after having cleared less significant, peripheral lands. The Zoning by -law amendment application is contrary to the Historic Drummondville Community Improvement Plan, most significantly the land use designation and zoning changes proposed to provide a land use regime "that will ensure the long -term protection of certain lands from inappropriate development" and permit development of "a historic cultural destination ": TARGETED IMPROVEMENTS B. LAND USE 5. Redesignate lands associated with the Battle Ground Hotel Museum, Coronation Park, Drummond Hill Cemetery, Drummond Hill Trail, Municipal Parking Lot 14, and Battlefield Public School to "Open Space ". (OP Amendment) 6. Rezone lands associated with the Battle Ground Hotel Museum, Coronation Park, Municipal Parking Lot 14, and Battlefield Public School to "Open Space Zone (OS) ". (ZBL Amendment) It is important to note that there are buildings and other structures on the lands associated with other properties mentioned therein (eg. the Battle Ground Hotel Museum and Drummond Hill Cemetery). Nonetheless, it is recommended these properties be redesignated to "Open Space" and rezoned to "Open Space Zone." The intent is clear that these properties should be redesignated and rezoned to Open Space and Open Space Zone irrespective of whether there are currently buildings thereon. The Planning Act directs: Powers of council re land 32 28. (6) For the purpose of carrying out a community improvement plan that has come into effect, the municipality may, (b) sell, lease or otherwise dispose of any land acquired or held by it in the community improvement project area to any person or governmental authority for use in conformity with the community improvement plan. R.S.O. 1990, c. P.13. s. 28 (6); 2001, c. 17, s. 7 (6). A community improvement plan is in effect for the lands at 6015 Barker Street. That community improvement plan calls for municipal leadership on making the Targeted Improvements therein. The Lundy's Lane Battlefield Master Plan commissioned by the applicant in the late 1990s speaks to rediscovering the heritage values of this site and give them the prominence they deserve. It speaks to doing "justice to this special place." It speaks to the desirability of future visitors being able to "see the full sweep of the topography and to visualize the battle that had raged over it." This National Historic Site is presently constrained by the encroachment of the massive modern school building into the heart of the central "killing ground." The purpose of the proposed Zoning by -law amendment is to entrench a major impediment to visitors being able to "see the full sweep of the topography and to visualize the battle that had raged over it." The Zoning by -law amendment application is not consistent with providing opportunities for sustainable tourism development. By seeking to entrench this major impediment and significant constraint, the proposed Zoning by -law amendment seeks to impede our ability to accomplish the main tenet of the Lundy's Lane Battlefield Master Plan — "to do justice to this special place." PO Box 282 Carleton Place, ON K7C 3P4 20 April 2012 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 At Mr. Alex Herlovitch, Director of Planning and Development Dear Mr. Herlovitch, I have been asked to provide a professional opinion on an application before the City Council of Niagara Falls to use part of the property of the former Battlefield School for re- development as a multi -unit residence. I was asked to provide this opinion because of my general professional knowledge of the cultural heritage of the War of 1812 in the Niagara and my particular knowledge of the 1814 battle of Lundy's Lane which forms the subject of my 1993 book, Where Right and Glory Lead! The Battle of Lundy's Lane, 1814. I attach a short bio which establishes my professional credentials on the subject of the War of 1812 and, if requested, I also have a lengthier c.v. which lists all my publications and currently runs to some 25 pages. This is not the first time that I have been asked to provide professional heritage expertise on a matter relating to property within the boundaries of the City of Niagara Falls. In 1993, while a member of the historical section of the Department of National Defence, I appeared before the City Council to speak on the proposed re- development of the battlefield of Chippawa. As a heritage consultant I was later asked to evaluate the cultural heritage of the area immediately adjoining the Lundy's Lane cemetery to the south and, somewhat later, the property belonging to Ruth Redmond north of Lundy's Lane. Both these areas are now part of the battlefield historic site. Turning to the matter at hand, the street/road network in the area of the battlefield has not changed all that much since 1814 and, thus, the parameters of the battle can be fairly easily established. The general outside limits of battlefield are approximately as follows. The northern boundary runs along the east -west line of Latshaw Street between Drummond Road and Main Street. The southern boundary runs along an east -west line between Delaware and Symmes Streets from Drummond Road to Main Street. The western boundary is approximately Drummond Road except for an area near the junction of Drummond Road and Lundy's Lane, west of Drummond and north and south of Lundy's Lane. This is approximately the area under or near the water tower. The eastern boundary of the battlefield is generally Main Street except for a portion of that area southeast of the junction of Main Street and Lundy's Lane but northwest of a line running between the junction of Peer and Main Streets to the approximate area of the Lundy's Lane Museum. Within this general area, the two opposing armies manoeuvered and fought but the hardest combat occurred in the area bounded by Barker Street, Drummond Road, Lundy's Lane and Main Street -- and areas outside that limit but immediately adjacent. The property under discussion is on Barker Street, which in 1814 was a farm lane running east - west from Main Street (known as the Portage Road in 1814). This lane is mentioned in some American accounts of the battle as is the Peer house at the approximate junction of modern Barker Street and Main Street. During the battle of Lundy's Lane, this property was the forming up area for two major American attacks on the British position (which ran along a line on the hill south of Lundy's Lane), including the important successful attack, which led to the capture of the British artillery. It was also the general area where Major -Jacob Brown, the American commander, located his command group during the first part of the battle. The attached map, taken from my book, indicates the relation of the school property to the battle. It is generally in the vicinity of the unit marking, "21st" which stands for the 21st Infantry. This being the case, there is absolutely no doubt that the Battlefield School property is a cultural heritage landscape of great value and that before any steps are taken to change it in any way, it should form the subject of a heritage impact study. Personally, I would like to see the area joined to the current battlefield site /cemetery and returned, as much as possible, to its 1814 condition. If this was done, the battle could be properly interpreted from the American side, something that is not possible at the moment. I feel I should add that heritage tourism is a very important aspect of the tourism industry and there are so many heritage attractions in the Niagara Falls area that they can increase the length of a visitor stay. In essence, anything that promotes heritage tourism -- including extending the area of the battle site -- increases the length of visitor stay in the city. Thus, developing the battlefield as a heritage attraction will ultimately benefit the city. If I can be of any further assistance in this matter, please do not hesitate to contact me. Sincerely Donald E. Graves, MA [2 attachments] Donald E. Graves Donald Graves was educated in history at the University of Sakatchewan in Saskatoon and Carleton University in Ottawa. He has been employed as a military historian or archivist by the Library and Archives of Canada, the National Historic Sites Service of Canada and the Department of National Defence. Mr. Graves has been very active in the field of heritage preservation and has served as a consultant to the Niagara Parks Commission and the St. Lawrence Parks Commission, as well as smaller agencies. Between 1996 and 2001 he was the lead heritage advisor on the preservation of the Chippawa battlefield of the War of 1812 and has also served as a historical consultant for a number of documentaries on the War of 1812, the most recent being the Public Broadcasting System's 2 -hour production, which will be televised in October 2011. Donald Graves is a member of the Minister of Canadian Heritage's Advisory Committee on the Bi- Centennial of the War of 1812. He is the only non - American member of the U.S. Secretary of the Interior's Scholarly Advisory Committee on Revolutionary and War of 1812 Battlefields and the only non - British member of the Heritage Advisory Board of the Royal Armouries of Britain. He is in demand as speaker on the War of 1812 and has a very full schedule for the next four years. Mr. Graves is the author or editor of seven books on War of 1812 subjects including: Merry Hearts Make Light Days: The War of 1812 Journal of Lieutenant John Le Couteur, 104th Foot Redcoats and Greyjackets: The Battle of Chippawa, 1814 Soldiers of 1814: American Enlisted Men's Memoirs of the Niagara Campaign The Incredible War of 1812: A Military History Field of Glory: The Battle of Crysler's Farm, 1813 Where Right and Glory Lead: The Battle of Lundy's Lane, 1814 and Fix Bayonets! A Royal Welch Fusilier at War, 1796 -1816, being the Life and Times of Lieutenant - General Thomas Pearson. He has also written dozens of articles on the conflict, which have been published in the United States, Britain and Canada. When not researching, speaking or writing about the War of 1812, Donald Graves resides with his author wife, Dianne, in a 19th century farmhouse -- which he is constantly trying to prevent from collapse -- in the scenic Mississippi Valley of Canada. Official Hopeful On -Visit Here, jaek 1 her; hf ilLst,,..rica: Sites ; or the Departrne—it NOrth- 'ern Arr4sr$, !A r PTA dr10:11. = ht C b.. nrs.esaitirtg Tuetca:.. in I tp.At he felt t.c Site.S 3"sel Lana6a ha,oit re.<4.1.1.:zet 19 14err-'7`t mending Tnernh.f.'r:; I ciar.ag Luricly A :_are. el! h.A;titr.he'k as a pc:;;J:..`..t "'sr "fidtu.' of all park e can k:L: uvit ment at tnis. M. litrber.r„ Ilso nr CO-.11%;"4' , I 01!! v l'f'maar,ii of the Kate,cleal Pls:e e . 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'*�Ilrx, +' I :s. :rri�.il �ilc• i 51r.1,.r :; r .i ii. ±ard .t Cans I,as ;:'tut _.it,l # (Pie Alin I era.. rbi ar -4 ii a:lIIAAIen1 i $ llr&.L 7.1.11 *10,- 1 sax k h:,4147 A:r :*3.5 million federal 9, 1, ** M*11901 10 !1:4). 100 Ask church, stores, home owners give up lands for national shrine "444. 4.11114,; .44 i rZ 7.'xt ft,•••“' ° a • o e 1 • • ' • • t 4 - a V, If • L. in r}:. • • CANhalk. 616,414Y V 6.4 4— ••4 1911..4011 01)1V fraeliffil of the or d Scaled-down Drum m0 Hill Battlefield park proposed P s sos 1pp + p* 4* alp* *04 N.+ "No. •PNN". s - f• *Pfl I*** = • 4 - 1 **nut* 'Lm. • o pos • Nroo a+ +- •s Now ••p = saosaos. rod IN paa no**** • Pkoa .41 pf absi Ia. .4 1 041 retto *4.4 4,4 A IF War **Pa so. B. 31.1411K4 :«4f As :15,1v 1,1■AAA4 1410. oaf M. LOA( allo- o=o1=a, No.of vow mama. Pas*s Neek, so's aN-peol ooa *.s.sepoksta 1 t! — Wawa or•Pl p. v.* ba.o.a. • OW Jar a -. - C41 #A,A.A.A1 woke 1 Pais aso -*kJ 3t ' aaa u• "r+4,40,4 • 4.. a ..ar +ft 4 •** of "kw... ttotat, 44" 444144 .444 tt. faralimAiMa1 • ,aato. •■•• INN*N" PaPPL* - 't ,t41 • 544 44,444 414 o PA t4- 4,44 4.• otos4 PALA "NON.Pff .A14.:+f*A. kf•or. 1.folit, Al 11111111PICII h"fifort = • Nas "Aar Naas. so • s - Va 40 IPA A 4Nassa tdad 1,44. 4,4 tit Al. i•avax, 4 •a 1,•,41 -a...A, • ° a a 4L 4++ l• 3. 1p tat ar-1 4, dr rot P A „,47 ,•-■71 I par ,-,aat 1■• =oaf* t• 141 4.14 woo Cultural Heritage Value of the Central Lundy's Lane Battlefield On January 22, 2013, Canadian military heritage expert Donald E. Graves, who had driven in from Ottawa to appear at the Council meeting, told Niagara Falls Council that the most intense fighting occurred in area bounded by Barker, Drummond, Lundy's Lane and Main. Mr. Graves had previously advised Council of this in writing, in his April 20, 2012 letter to Council [Appendices Al, A2 and A3]: Within this general area, the two opposing armies manoeuvered and fought but the hardest combat occurred in the area bounded by Barker Street, Drummond Road, Lundy's Lane and Main Street -- and areas outside that limit but immediately adjacent. The "area bounded by Barker Street, Drummond Road, Lundy's Lane and Main Street" is the same area proposed to be purchased, leveled, and preserved as a national commemorative park under the federal government's sesquicentennial (1964 -5) Battlefield Park National Shrine Plan [Appendices 81, B2, 83 and B4]. During the course of the Lundy's Lane Battlefield Master Plan Study commissioned by the City of Niagara Falls in the late 1990s, Master Plan project lead Carl Bray produced an aerial photo of the central battlefield on which he outlined troop movements during Phase II of the battle — the climactic phase in which the US forces overran and captured the British guns. [Appendix C] Bray's work clearly shows the Battlefield School building lying squarely inside the route taken to the hilltop by the U.S. 21st Infantry under Col. James Miller, subsequently dubbed by his countrymen "The Hero of Lundy's Lane" for the success of his daring exploit. Miller's response to General Winfield Scott that evening when ordered to take the hill, "1'11 try, Sir!" was adopted as the 1St's regimental Motto. When that unit was consolidated into the US Fifth Infantry in 1815, the Fifth adopted it as well. "1'11 try, Sir!" remains the motto today of the US Fifth Infantry, a unit which was engaged in the US Civil War and other 19th century wars, and has seen honourable service in Korea, Vietnam, Iraq, Afghanistan and other conflicts. Through these past 200 years, the Regimental Motto "11l try, Sir!" born at Lundy's Lane has remained their motto. Famous American author James Fennimore Cooper, best known for Last of the Mohicans, used as the setting of the climax of another of his novels, The Spy, these same central battlefield lands: Everything in the American camp announced an approaching struggle. At a ❑distance of a few miles, the sound of cannon and musketry was heard ❑above the roar of the cataract. The troops were soon in motion, and a ❑movement made to support the division of the army which was already ❑engaged. Night had set in before the reserve and irregulars reached the ❑foot of Lundy's Lane, a road that diverged from the river and crossed a ❑conical eminence, at no great distance from the Niagara highway. The ❑summit of this hill was crowned with the cannon of the British, and in ❑the flat beneath was the remnant of Scott's gallant brigade ... The property at 6015 Barker is the central part of that "flat beneath" on which the concluding chapter of The Spy unfolds. The City of Niagara Falls Official Plan defines a "Cultural Heritage Landscape" as being a defined geographic area ... valued for its important contribution to our understanding of the history of a place, and event or a people. The lands within the boundaries identified identically under the federal government's sesquicentennial Battlefield Park National Shrine Plan and by Mr. Graves in 2012 and 2013 are important for their contribution to all three: A) PLACE: The long -term preservation of the three largest parcels within that boundary in public hands speaks to our understanding of the history of this place, and to the community's important role over the past 200 years in "doing justice to this special place," as highlighted in the Lundy's Lane Battlefield Master Plan (September 1998). The two largest parcels within the area bounded by Barker, Drummond, Lundy's Lane and Main are the Drummond Hill Cemetery (under the Niagara Parks Commission's stewardship for most of the 20th century and the City of Niagara Falls' since 1996) and the public school lands assembled and held from the late 1880s onward by the local public school board. When the first school (Barker Street) was erected thereon late in the 19th century, education was seen as a noble purpose. That was reflected in the newspaper coverage [Appendix 82] reference to this as "public institutional use." The majority of the property at 6015 Barker, most particularly that part on which the present school footprint lies, has been preserved in public hands for the past 135 years. A smaller parcel along the southern border of the Drummond Hill Cemetery was acquired by the City in 1996 to be preserved for park purposes. The viewscape looking toward the US position from within this parkland, and from within the Drummond Hill Cemetery, is severely constrained by the massive building currently sited at 6015 Barker. [Appendices 01, D2 and D3] The City subsequently purchased three other properties within the area bounded by Barker, Drummond, Lundy's Lane and Main and demolished the residential buildings located thereon (5986 Drummond, 6157 Buchner Place and 6156 Lundy's Lane). These properties are of far lesser contextual importance and historical significance than 6015 Barker, or in the history of the central battlefield as a place. B) EVENT: The central Lundy's Lane Battlefield lands are important to our understanding of the event took place on the evening of July 25, 1814 and into the next day. The parcel known municipally as 6015 Barker Street is critically important in this regard, it being the central staging area for the US attacks and having figured prominently in Phases I and II of the battle. An American force had come northward along the portage road early that evening. Military historian and author Donald E. Graves, on page 117 of Where Right and Glory Lead! The Battle of Lundy's Lane 1814, describes: It was about 7:15 P.M. when the First Brigade, with Scott at its head, debouched from the chestnut wood. With colours flying, drums beating and fifes playing a lively air (probably the traditional "Yankee Doodle "), the grey- uniformed column moved from the shade of the trees into an open, sunlit area. As they emerged, they came into "full view, and in easy range of a line of battle drawn up in Lundy's Lane, more extensive than that defeated at Chippawa." Graves describes in detail that "open sunlit area," the area now bounded by Barker, Drummond, Lundy's Lane and Main, into which Scott's forces emerged, on pp. 119 -120 of Where Right and Glory Lead! At the bottom of page 120 he also relates why the lands now bounded by Barker, Drummond, Lundy's Lane and Main were chosen: Drummond saw at a glance that the ground would make a good defensive position. The gentle southern slope of the hill would allow his artillery to transform the cleared fields in front into what a later generation of soldiers would call a "killing ground." The lands now municipally known as 6015 Barker Street are the central "killing ground" on which the majority of the Battle of Lundy's Lane took place. The land presently consumed by the school footprint was, additionally, the route over which US hero Col. James Miller led the US 21st on their way to successfully storming the guns on the hilltop. As evidenced by Major Grodzinski's January 22, 2013 submission to City Council [Appendix E], this space is vital to understanding the battle from the US perspective. The ability to walk this space is essential to permitting visitors understand the US military tactics which allowed them to capture the British guns. It is also vital to providing the opportunity for historically accurate reenactments in 2014 and beyond. The school building currently presents a significant constraint on the site both physically and in terms of the viewscape from within the municipally owned lands. Our ability to fully grasp and understand what took place here depends on being able restore the sweep of the topography in order to better visualize the battle that raged over it. The information provided by an apartments proponent at the January 22, 2013 Council meeting — ie. that the walls are strong and will allow a second story to be constructed thereon so that they will be able to provide 30 units — indicates that the building's massing (already huge, especially in relation to surrounding properties) would be nearly doubled under the proposal the City has put forward. The viewscape from within the municipally -owned lands (already constrained) would be severely impeded; the opportunity to convey a sense of a historic place lost. As Major Grodzinski pointed out: "The development of the parcel of land on which the school currently rests would ruin, rather than enhance the battlefield. " C) PEOPLE: The central Lundy's Lane battlefield lands have a contribution to make to our understanding of Canadians as a people. The War of 1812, of which this was the climactic battle, marked the genesis of the Canadian identity, often popularly summarized as "not American." A Historic Sites and Monuments Board of Canada plaque in the Drummond Hill Cemetery advises: This was the site of the bloodiest battle of the War of 1812. On the afternoon of 25th July, 1814, Lieutenant - General Gordon Drummond with about 2800 men engaged the invading American army which had recently been victorious at Chippewa. The armies were evenly matched and the six -hour battle lasted until darkness and heavy losses put an end to the fighting. Each force had lost over 800 men. Although each claimed victory, the Americans had failed to dislodge Drummond from his position. They withdrew the next day, ending their offensive in Upper Canada. For two long years, the Canadas had withstood invasion by the young republic to the south. After Lundy's Lane, the Americans fell back to Fort Erie and the war petered to a close. The stand made by Drummond's forces here on this hilltop, determinedly repelling, three weeks after being delivered a decisive defeat at Chippawa, the American forces arrayed on the plain below, was the watershed event in the War of 1812. Our country's former unofficial national anthem, Alexander Muir's "The Maple Leaf Forever," (which he composed in 1867 in celebration of Confederation) makes specific reference to this site: At Queenston Heights and Lundy's Lane, Our brave fathers, side by side, :For freedom, homes and loved ones dear, Firmly stood and nobly died; The loyalties of the residents of Upper Canada, now the Province of Ontario, had been challenged and shaped by the War of 1812. Were it not for the American forces' ultimate inability to dislodge Drummond from his position at Lundy's Lane, Upper Canada may have fallen to the invaders. The Province of Ontario's motto, Ut incepit Fidelis sic permanet, Latin for Loyal she began, loyal she remains, references the Loyalist refugees whom had originally settled this province following the American Revolution and whom formed the backbone of the civilian resistance to the 1812 -1814 invasion. CONCLUSION: The lands bounded by Barker, Drummond, Lundy's Lane and Main meet not only the definition of a Cultural Heritage Landscape as per the City of Niagara Falls' Official Plan; they also meet the definition in the Provincial Policy Statement, 2005 which specifically mentions "battlefields ": 2.6 Cultural Heritage and Archaeology 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. Conserved: means the identification, protection, use and /or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Cultural heritage landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Heritage attributes: means the principal features, characteristics, context and appearance that contribute to the cultural heritage significance of a protected heritage property. Significant: means g in regard to cultural heritage and archaeology, resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. Other applicable legislation is also cited at Appendix F1, including applicable portions of the City of Niagara Falls' Official Plan. Appendix F2 references information from Ontario Ministry of Culture, Tourism and Recreation Architectural Conservation Note #6 Heritage Conservation Principles for Landuse Planning. Protection of the "municipally owned sites plus related publicly -owned properties" (as per the Official Plan) as a Cultural Heritage Landscape is critical to allowing us to rediscover the heritage values of this site and give them the prominence they deserve, to better understand its significance and national importance, and "to do justice to this special place." Proposing to carve up the central "killing ground" that is now a "municipally owned site" specifically referenced in the Official Plan; and was previously "related publicly -owned properties" specifically referenced in the Official Plan (and had been publicly -owned for the past 135 years); during the midst of the bicentennial of the War of 1812 is ludicrous. Proposing to carve up and sell off parts of what a Federal Cabinet Minister recently advised is part of a National Historic Site is even more ludicrous. The Hon. Peter Kent, Minister of the Environment, in a November 23, 2012 letter [Appendix G], advised: "The Drummond Hill property where the Battlefield Public School is located is within the boundaries of Lundy's Lane National Historic Site of Canada." A review of the applicable Ontario Regulations made under the Ontario Heritage Act, discussion of potential Reasons For Designation, and recommendations are provided at Appendix H. Appendix J provides correction to the erroneous statements in the Planning, Building & Development Department Inter - Department Memorandum RE: Former Battlefield School Property dated February 4, 2013. Respectfully submitted by Friends of the Lundy's Lane Battlefield President Bill Colclough on February 2, 2013. Teresa Fabbro From: Dean Iorfida Sent: Tuesday, February 19, 2013 11:31 AM To: Teresa Fabbro Subject: FW: Exhibit A: Main Report and Appendices Al -A3 Attachments: Main Report.docx; Appendix A1.doc; Appendix A3.doc From: Janice Wing [mailto:janice_wing @cogeco.ca] Sent: Tuesday, February 19, 2013 11:12 AM To: Alex Herlovitch; Dean Iorfida Subject: Exhibit A: Main Report and Appendices A1-A3 LUNDY'S LANE - 25 JULY 2nd Phase: c. 8 :45 9 :45 PM 2 Ripinf s Wink form in hoe of the WI end m the tan of PortageRoma On Bto e's ondem it Pint Infamy Iroarn duovntitex n The Trolly Third l .Ftno lanai,/ then Macke end take the Wash {w, .tile the T.wuy- ttttdu Alplci's ocertrood also loaves fanned 7. Ui"at$ Vw 1 is, 4 tet end i9111 Pool Detaao✓+l n1Oult; se•s+rsl tvuocza ;Out to el ccomsennecks so ',kep i= his guns from the Tv y-Ft"' 1nf&ry. Teresa Fabbro From: Dean Iorfida Sent: Tuesday, February 19, 2013 11:34 AM To: Teresa Fabbro Subject: FW: Exhibit A: Appendix D3 Attachments: Appendix D3.pdf From: Janice Wing [mailto:janice_wing ©cogeco.ca] Sent: Tuesday, February 19, 2013 11:19 AM To: Alex Herlovitch; Dean Iorfida Subject: Exhibit A: Appendix D3 1 Niagara Falls City Coundl Meeting, 22 January 2013 Lundy'sLane Battlefield and the Scholl Footprint Presentation by Dr. John R. Grodzinski, Royal M ilitary College of Canada I ntroduction The Battle of Lundy's Lane, fought on 25 July 1814, was the largest military action to occur in the northern theatre of the War of 1812. It was also one of the bloodiest and hardest fought actions of that conflict. Historian Donald E. Graves produced an admirable account of this battle in his 1993 book, We Right and Glory Lead: The Battle of Lundy's Lane, 1814. As Mr. Graves knowledge of this battle is unsurpassed, I can add little to his testimony, other than to support his comments. My comments on the status of the ground on which the former Battlefield Park School stands, relate to my experience in leading battlefield tours to the Niagara Peninsula over the last decade. Battlefield Toursto Lundy's Lane Battlefield Over the last decade, I have planned and conducted 63 battlefield tours of War of 1812 sites. These tours are better described as professional development studies, whereby each session commences with the study of a reading package, followed by presentations, normally conducted in garrison, that consider the context of the war, period tactics and the course of the conflict. The group then proceeds on the tour, which can last from three to five days and include anywhere from one to three sites per day. Given the significance of military operations in the Niagara Peninsula, each group normally spends a number of days in that region, exploring a variety of sites, including Lundy's Lane. My clientele has included officers from the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force. The vast majority come from the army, from regular force units, schools and staff organizations from Petawawa, Kingston, Toronto, London and as far as Wainwright, Alberta; and reserve force personnel from units stationed between Brockville and Windsor. Other groups were from the Canadian Army Command and Staff College, the Canadian Forces College, Headquarters 1st Canadian Division, and the RCAF Leadership Academy. I have also led studies for a number of foreign and international groups, including the US 10th Mountain Division, units of the British Army and NATO working groups and NATO courses conducted in Canada. 1 Battlefield tours are important activities that enhance the understanding of history. They make the abstract concepts of terrain, weather and battle as presented in historical narratives, more vivid. The first hand examination of terrain and local conditions, provide a classroom, offering insight into the challenges of battle and campaign unlike any other. As one army colonel, who had, at the time, just been chief of staff of the Canadian contingent in Afghanistan, noted during a visit to Lundy's Lane in 2011, there were lessons from this campaign and the battle in particular that were applicable to what his duties in south west Asia. The size of each group has varied from 25 to 150 people, with an average size of 50. In each case, at least three days are spent in the Niagara Peninsula, using accommodation in the Niagara Falls area. Our itinerary sometimes includes a visit to a winery and a group dinner at a Niagara Falls restaurant; most of our meals are taken in Niagara Falls. The Falls are a popular attraction for every group, as are cafes, outlet stores, casinos, night clubs and souvenir shops. Lundy's Lane Battlefield The Battle of Lundy's Lane was a high point of the 1814 Niagara Campaign, a 125 day long struggle that pitted the finest trained and led American army of the war, against British and Canadian troops and their native allies. Between July and November 1814, thousands of soldiers marched up and down the Niagara Peninsula, and during the course of the many battles and sieges they were engaged in, some 3,000 British and Canadian troops became casualties, while nearly 2,000 Americans were killed or wounded. This campaign was unlike any other of the war. Lundy's Lane figures prominently in the 1814 portion of my battlefield tours. Three sites are visited during the course of two days, including Chippawa, Lundy's Lane and Fort Erie. Depending on the level of study the group desires, we spend between three and six hours at Lundy's Lane. Understanding the battle is complicated by the built up area surrounding the Drummond Hill Cemetery. The recent acquisition of a strip of cleared land near the cemetery has helped create a clearer picture, while the retention of the grounds of the Battlefield School will further enhance our ability to study and appreciate the battle. Each and every visit to Lundy's Lane commences at the Battlefield School. From the southern extent of the grounds, it is possible to examine the arrival and deployment of American Brigadier - General Winfield Scott's brigade, the attacks on the left of the British line and the first stage of the battle. The challenges Scott faced are immediate, as the slope up to the cemetery and the main British positions demonstrates that ground was well chosen. Following presentations and discussion varying between one and two hours, we then move up the hill, where the picture of the battlefield immediately changes. The tour concludes on this site, however, on occasion, the group or individuals will return to the school to consider or debate other points of the action. 2 The access to these two terrain features, the school ground and the hill, provide the necessary contrasts that bring the battle to life; more importantly, they support detailed study of the battle. The development of the parcel of land on which the school currently rests would ruin, rather than enhance the battlefield. Having unfettered access and observation of a portion of the ground on which the Battle of Lundy's Lane was fought, aside from preserving our heritage, also provides a practical location from which to study history as well. Over the last ten years, I have walked this ground with at least 3,500 people, all of them with a professional interest in studying the battle. They also come as tourists, to enjoy the pleasures Niagara Falls has to offer. The loss of the parcel of land currently occupied by the school to development, would hinder the conduct of these battlefield studies; it will limit access and observation to the point where it would be impossible to conduct a meaningful visit. The result would be an abbreviated visit to Lundy's Lane and to even reduce the duration of our stay in Niagara Falls by one day. Conduson To allow this section of an important battlefield to be lost is incomprehensible. One is surprised that this debate comes during the Bicentenary of the War of 1812, a time in which Canadians, and the citizens of Niagara Falls are celebrating their history. Surely, there must be enough appreciation of local heritage and the benefits of heritage tourism to ensure that this great landmark is not lost forever. To do otherwise, is to be guilty of destroying our heritage. It is my hope that this council will acknowledge the historical significance of this land and ensure its preservation, as an historic site. Thank -you for your consideration. John R. Grodzinski, PhD Department of History, The Royal Military College of Canada Tel. 613 -541 -6000, ext. 6698 E -mail: john.grodzinski @rmc.ca 3 EXCERPTS FROM APPLICABLE PLANNING DOCUMENTS: A) Provincial Policy Statement, 2005 http: // www.mah.gov.on.ca /Page1485.aspx Part IV: Vision for Ontario's Land Use Planning System The Province's natural heritage resources, water, agricultural lands, mineral resources, and cultural heritage and archaeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key provincial interest. 2.0 Wise Use and Management of Resources Ontario's long -term prosperity, environmental health, and social well- being depend on protecting natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. 2.6 Cultural Heritage and Archaeology 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. Conserved: means the identification, protection, use and /or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Cultural heritage landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Heritage attributes: means the principal features, characteristics, context and appearance that contribute to the cultural heritage significance of a protected heritage property. Significant: means g. in regard to cultural heritage and archaeology, resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. B) Places to Grow: Growth Plan for the Greater Golden Horseshoe, 2006 https: / /www.placestogrow.ca /content /gqh /plan- cons - english- all- Web.pdf 4. Protecting What is Valuable 4.1 Context The GGH is blessed with a broad array of unique natural heritage features and areas, irreplaceable cultural heritage sites, and valuable renewable and non - renewable resources that are essential for the Tong -term economic prosperity, quality of life, and environmental health of the region. These valuable assets must be wisely protected and managed as part of planning for future growth. 4.2.4 A Culture of Conservation 1. Municipalities will develop and implement official plan policies and other strategies in support of the following conservation objectives: e) Cultural heritage conservation, including conservation of cultural heritage and archaeological resources where feasible, as built -up areas are intensified. C) Regional Municipality of Niagara's Regional Policy Plan Directives http://www.niagararegion.cail ving/icp/pdf/policy/regional-strategy-2011-Policy- Plan.pdf SECTION THREE REGIONAL STRATEGY FOR DEVELOPMENT AND CONSERVATION As a community, Niagara has special qualities, rooted in its rich cultural and historical heritage ... The preservation and enhancement of the Region's special character will be important to the quality of life here in the future ... There is the opportunity to establish a framework to guide change that will preserve and enhance what is special about Niagara while also accommodating growth and new development. SECTION SEVEN ENVIRONMENTAL http: / /www. niagararegion.ca /living /icp /pdf /policy /natu ral- resources- environment- areas -2011- Policy- Plan.pdf 7.F Historic Sites and Buildings Objective 7.F.1 To preserve buildings, communities and other sites of significant historic and architectural interest. Policies for Historic Sites and Buildings Policy 7.F.1 The Region will encourage local municipalities to take advantage of the provisions of The Ontario Heritage Act regarding the designation and protection of historic and architecturally significant buildings and sites. Policy 7.f.2 The Region, in co- operation with other levels of government and concerned private groups, will identify, inventory and evaluate sites and buildings of major historic and architectural significance. Policy 7.F.3 The Region will carefully review new development proposals which might impair the historic or architectural character of sites and buildings evaluated as being of significant interest. Policy 7.F.4 Each area municipality should provide policies in its official plan for the protection of sites and buildings which have historical or architectural significance. There should be provision for the area municipality to delay the demolition or extensive alteration of significant sites or buildings for a specific period to allow time for negotiations or public purchase. Policy 7.F.5 The public works and projects of all levels of government should wherever possible be in harmony with the character of historic and architecturally significant buildings and communities. D) Region of Niagara Sustainable Community Policies: Places To Grow / 2005 Provincial Policy Statement Conformity and Niagara 2031 Amendment https: / /www. n iagarareg ion . ca /government/in itiatives /2031 /pdf /RP PA2 -2009. pdf 5. PLANNING NIAGARA'S URBAN COMMUNITIES 5.1 Objectives The objectives of the Urban Community policies are to ... Promote the preservation and enhancement of cultural heritage resources. 5.10 Culture and Heritage 2. The Region encourages support for conservation, restoration, enhancement, and adaptive re -use of Niagara's cultural heritage resources. 3. Cultural heritage resources shall be conserved, enhanced, restored or re -used to protect the cultural identity of existing communities, particularly where intensification is being considered. 4. New development or redevelopment within or adjacent to heritage areas or districts, or adjacent to a designated heritage site, should be compatible in scale, architectural treatment and land use with the existing heritage features within or adjacent to the area, or of the site. 5. Municipalities are encouraged to identify heritage areas /districts in local official plans, along with appropriate development policies. 7. Municipalities are encouraged to actively identify, inventory and evaluate properties of cultural heritage value or interest and create a municipal registry of properties designated under the Ontario Heritage Act. Municipalities are also encouraged to identify properties of cultural heritage value or interest that are not designated under the Ontario Heritage Act. 8. Public works projects and plans undertaken by all levels of government should consider and be sensitive to the character of heritage conservation districts and designated properties. E) City of Niagara Falls Official Plan http: / /www.niagarafalls.ca /pdf /planning/ zoning - official - plan /official- plan.pdf PART 5 APPENDIX I - DEFINITIONS 5 -2 1.12 "Cultural Heritage Landscape" - a defined geographical area, often modified by human activities, that are valued for their important contribution to our understanding of the history of a place, an event, or a people. The geographical area may have been specifically designed or may have evolved over time and may be continuing to evolve. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together for a significant type of heritage form, distinctive from that of its constituent elements or part such as gardens, main streets, neighbourhoods or trails. 1.13 "Cultural Heritage Value or Interest" - includes built heritage resources, cultural landscapes and sites of archaeological importance. PART 5 APPENDIX VI - FUTURE CULTURAL HERITAGE STUDY AREAS Lundy's Lane Battlefield (municipally owned sites plus related publicly -owned properties) Heritage Conservation Principles for Landuse Planning excerpts: Architectural Conservation Note #6 Heritage Conservation Principles for Landuse Planning from the Ontario Ministry of Culture, Tourism and Recreation advises: The province of Ontario has developed new land use planning policies that direct municipalities to have regard for built heritage resources, cultural heritage landscapes and archaeological resources. Increasingly, LACACs may be requested to advise planning departments and municipal councils on landuse planning issues as they affect heritage resources. The following principles were developed to provide guidance to LACACs on their involvement with land use planning. Timeliness It is important to identify heritage conservation issues at the beginning of the planning process and to make continuous reference to heritage conservation issues throughout the decision making process. Value /Significance Respect for the significance of the resource must be taken into consideration at every step in the planning and decision - making process. Respect the cultural values of the community for whom the resource has significance. Evaluation of significance should reflect consensus among community members with an interest in the preservation, use and development of cultural heritage. Evaluation must be based on proper research. Evaluation clarifies where significance or value lies in cultural heritage and how that significance is expressed. Retention The decision making process should always presume in favour of retaining the heritage resource. The only exception to this rule is when there is a demonstrated public benefit of greater importance than the protection of the heritage resource. The significance, type, use and condition of a resource should be considered as part of the decision making process. Only allow changes that will offer the least harm to the resource or will provide the greatest potential to enhance its significance and appreciation. Where negative impacts are unavoidable, effective mitigation must be applied including reusing and making sympathetic alterations, reconstruction, moving to an appropriate setting, commemoration on site or elsewhere, or recording the resource before any negative changes are made. Caution Avoid decisions that will damage or harm the fabric of cultural heritage resources and their settings. Use approaches that offer the least risk to the fabric of the resource. Consider sympathetic alterations or reversible changes to it. Give priority to measures that improve conditions for long -term conservation: focus on maintenance of parts, setting, function or use. Ensure that approaches proposed for conservation have been proved reliable and effective and that they constitute good practice. Minister of the Environment NOV 2 3 2012 Ms. Dorothy Brandt dbrandtl@cogeco.ca Dear Ms. Brandt: Ministre de l'Environnernent Ottawa, Cr ad K A OH3 The Office of the Prime Minister and the Honourable James Moore, P.C_. M.P.. Minister of Canadian Heritage and Official Languages, sent me copies of your e-mails regarding the possibility of designating the Drummond Hill property as a national historic site I regret the delay in responding The Minister of the Environment designates places, people and events of national historic significance on the recommendation of the Historic Sites and Monuments Board of Canada (HSMBC). the advisory body on historical matters The Board evaluates the significance of a nominated subject by considering whether it has had a national impact on Canadian history or represents a national example or illustration of Canadian human history. When a place, person or event is declared to be of national historic significance, Parks Canada, which supports the Board in the conduct of its business. carries out the Government's direction with respect to designation. The standard form of commemoration is the installation of a bilingual bronze plaque. The Drummond Hill property where the Battlefield Public School is located is within the boundaries of Lundy's Lane National Historic Site of Canada. You can find more detailed information about this designation by visiting www.parkscanada.gc.catapps/dfhcl/page_nin_eng.aspx?id=428. For questions regarding this designation, you may contact Ms. Julie Dompierre, Director, HSMBC Secretariat, at julie,dompierrenpc,gc,ca or by telephone at 1-855-283-8730, The designation of a national historic site by the Minister of the Environment does not constitute protection, as these matters are the responsibility of the provinces and territories under their respective heritage legislation If you have not already done so. you may wish to contact the Ontario Minister of Tourism, Culture. and Sport. the Honourable Michael Chan, by mail at Hearst Block. 9th Floor, 900 Bay Street, Toronto, Ontario, M7A 2E1, or by telephone at 416-326-9326. /2 Canada, I appreciate your interest n the commemoration of Canada's cultural heritage. Sincerely, The Honourable Peter Kent, P.C., M.P, Reasons for Designation ONTARIO REGULATION 9/06 made under the ONTARIO HERITAGE ACT on December 7, 2005 provides CRITERIA FOR DETERMINING CULTURAL HERITAGE VALUE OR INTEREST: Criteria 1. (2) A property may be designated under section 29 of the Act if it meets one or more of the following criteria for determining whether it is of cultural heritage value or interest: 2. The property has historical value or associative value because it, has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community, 3. The property has contextual value because it, is important in defining, maintaining or supporting the character of an area, ii. is physically, functionally, visually or historically linked to its surroundings, or iii. is a landmark. ONTARIO REGULATION 10/06 made under the ONTARIO HERITAGE ACT on December 7, 2005 provides CRITERIA FOR DETERMINING CULTURAL HERITAGE VALUE OR INTEREST OF PROVINCIAL SIGNIFICANCE: Criteria 1. 1. (2) A property may be designated under section 34.5 of the Act if it meets one or more of the following criteria for determining whether it is of cultural heritage value or interest of provincial significance: 2. The property yields, or has the potential to yield, information that contributes to an understanding of Ontario's history. 3. The property demonstrates an uncommon, rare or unique aspect of Ontario's cultural heritage. 4. The property is of aesthetic, visual or contextual importance to the province. 6. The property has a strong or special association with the entire province or with a community that is found in more than one part of the province. The association exists for historic, social, or cultural reasons or because of traditional use. It is recommended here that, as per: a) Ontario Regulations 9/06 and 10/06 made under the Ontario Heritage Act; b) The area identified for preservation and restoration in the federal government's 1964 -5 Battlefield Park National Shrine Plan; c) The information provided to Niagara Falls City Council by Canadian military heritage expert and author Donald E. Graves in his April 20, 2012 letter and his January 22, 2013 presentation that the area in which "the most intense fighting" took place being that bounded by Barker, Drummond, Lundy's Lane and Main; and d) The direction in Part 5 Appendix VI — Future Cultural Heritage Study Areas in the City of Niagara Falls' Official Plan, whereby "Lundy's Lane Battlefield (municipally owned sites plus related publicly owned properties) "; that 1) All the properties which meet the definitions in items b), c) and d) above should be designated under Part V of the Ontario Heritage Act. 2) To provide effective protection for their cultural heritage values in the interim, the three largest of the properties which meet the definitions in items b), c) and d) above be individually designated IMMEDIATELY under sections 29 and /or 34.5 of Part IV of the Ontario Heritage Act. These three properties all hold an extremely strong historical association with an internationally well -known international event that was also a formative aspect of the birth of the Canadian identity, and was the climactic battle in a two -year War that had affected a substantial population and geographic area. 3) The property municipally known as 6015 Barker Street in particular should be designated IMMEDIATELY in its entirety under both sections 29 and 34.5 of Part IV of the Ontario Heritage Act because it holds a strong historical association with an internationally well -known international event that was also a formative aspect of the birth of the Canadian identity; was the "killing ground" in the climactic battle in a two -year War which had affected a substantial population and geographic area; yields, or has the potential to yield, information that contributes to an understanding of Ontario's history; is a unique aspect of Ontario's cultural heritage; and is of aesthetic, visual or contextual importance to the province. It is suggested that the Historical and Context reasons may be as outlined on the two pages below: HISTORICAL The property municipally known as 6015 Barker Street, Niagara Falls has a strong direct historical association with the Battle of Lundy's Lane, an internationally well -known event involving British, U.S., and Native foes and Canadian militia units. The property municipally known as 6015 Barker Street was central to the U.S. position at the Battle of Lundy's Lane. The importance of this particular property is addressed at page 120 of Donald E. Graves' book, Where Right and Glory Lead! The Battle of Lundy's Lane 1814: Drummond saw at a glance that the ground would make a good defensive position. The gentle southern slope of the hill would allow his artillery to transform the cleared fields in front into what a later generation of soldiers would call a "killing ground." The property municipally known as 6015 Barker Street is that central to that "killing ground" and essential to our understanding of the military tactics on both sides which allowed the British forces, their Native allies, and Canadian militia units to successfully defend their position in Phase I of the Battle, and which later, in Phase II, allowed the U.S. forces to seize the British guns on the high ground, turning the tide that fateful evening. This event was also a formative aspect of a historical activity or trend: The birth of the Canadian identity. This is evidenced in our former unofficial national anthem, Alexander Muir's "The Maple Leaf Forever," composed in 1867 in celebration of Confederation, in which Muir makes specific reference to this site. The loyalties of the residents of Upper Canada, now the Province of Ontario, had been challenged and shaped by the War of 1812. Were it not for the American forces' ultimate inability to dislodge Drummond from his position at Lundy's Lane, Upper Canada may have fallen to the invaders. The Province of Ontario's motto, Ut incepit Fidelis sic permanet, Latin for Loyal she began, loyal she remains, references the Loyalist refugees whom had originally settled this province following the American Revolution and whom formed the backbone of the civilian resistance to the 1812 -1814 invasion. Furthermore, the two -year War of 1812, in which this event was the climactic battle, affected a substantial population and geographic area in the Canadian colonies and the young republic known as the United States of America. CONTEXTUAL The property municipally known as 6015 Barker Street is important in defining, maintaining and supporting the character of an area, and is physically, functionally, visually and historically linked to its surroundings. The property municipally known as 6015 Barker Street, comprising the central "killing ground" and being essential to our understanding of the military tactics employed at the Battle of Lundy's Lane, provides vitally important context for understanding this well -known event. This property is key to providing views and buffer zones for the other municipally owned sites within the area of the most intense fighting. It is essential to our ability to understand what "Drummond saw at a glance" and why he chose the South -East side of the crest of the hill as his defensive position. This property is key to providing the views required to convey a sense of historic place, particularly from within the adjacent municipally owned sites to its West. This property has a vitally important relationship with these adjacent municipally owned sites. CORRECTIONS TO Planning, Building & Development Department Inter - Department Memorandum RE: Former Battlefield School Property dated February 4, 2013: 1) The statement "The Friends of the Lundy's Lane Battlefield came forward to object to the City's proposal' is ERRONEOUS. Citizens objected. The Friends of the Lundy's Lane Battlefield was revived AFTER the April 24, 2012 Council meeting. 2) The statement "The organization proposed to fundraise and purchase the school property themselves and remove the existing school building in an effort to preserve the battlefield site as a historic site" is ERRONEOUS. The Friends of the Lundy's Lane Battlefield made no such proposal. The foundation was still inactive as of the April 24, 2012 Council meeting. City Council decided to challenge the citizens (primarily seniors on fixed incomes) objecting to the City- initiated rezoning application to come up with $450,000 within an arbitrarily chosen six month time frame. At Time: 62:30 in the video of the April 24, 2012 Council meeting, Councillor Vince Kerrio discusses his forthcoming motion: "... to table this to give the residents their time to see if they can come up with the money to purchase and demolish the school and at that time I guess we would enter into an agreement maybe to make it, to turn it, into a park ... and maybe in the meantime we can talk to the owner of the funeral home to see if we can enter into an arrangement maybe to lease him, to come up with some other arrangement to not have to sell him, to lease him, the land ... I'm of the mind to give the residents the time they need to come up with an alternative arrangement." Following that Council meeting, the Friends of the Lundy's Lane Battlefield reorganized and came up with that alternative arrangement. The Building Canada Through Arts and Heritage Legacy fund will provide up to $500,000 to demolish the redundant school building and develop a commemorative park in its place, providing an almost dollar for dollar return on that portion of the City's 2012 Capital Budget investment. City Council subsequently passed two resolutions regarding the Friends' project, one endorsing the project for Building Canada Through Arts and Heritage program purposes and the other indicating its willingness to provide a Landlord Authorization. 3) The statement "... the northerly portion of the lands at 6015 Barker Street ... has significant associative value to the community due to the proximity of the site to the larger battlefield site connected with the War of 1812, Battle of Lundy's Lane" is ERRONEOUS. The southerly, not the northerly, portion of the lands at 6015 Barker Street, contain the most associative and contextual value. Also: The property at 6015 Barker Street is NOT in proximity to the battlefield: It is the battlefield — the southerly portion in particular being the central "killing ground" according to Graves. Significant study of this cultural heritage resource has already been done. It was the subject of a 1964 report by the Historical Sites and Monuments Board of Canada to Federal Resources Minister Arthur Laing. It was the subject of Donald E. Graves' books The Battle of Lundy's Lane: On the Niagara 1814 (Baltimore, Maryland: The Nautical & Aviation Publishing Company of America, 1993) 342 pages and Where Right and Glory Lead! The Battle of Lundy's Lane 1814 (Toronto: Robin Brass Studio,1993) 352 pages. Both the federal government in the mid -1960s and Mr. Graves in 2012 and 2013 indicated the lands bounded by Barker, Drummond, Lundy's Lane and Main were the scene of the most intense fighting and should be conserved and restored. Furthermore, the Hon. Peter Kent, Minister of the Environment, in a November 23, 2012 letter [Appendix G], advised: "The Drummond Hill property where the Battlefield Public School is located is within the boundaries of Lundy's Lane National Historic Site of Canada." The property has not only historical (or associative) value. It also has important contextual value because it is important in defining, maintaining or supporting the character of the area; and it is physically, functionally, visually and historically linked to its surroundings. Furthermore, it meets the definition of, and stipulations for, a Cultural Heritage Landscape as per the 2005 Provincial Policy Statement: 2.6 Cultural Heritage and Archaeology 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. Conserved: means the identification, protection, use and /or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Cultural heritage landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Change is underway in the tourism industry. Cultural and heritage tourism is growing significantly faster than travel in general. The Feb. 2009 Ontario Cultural and Heritage Tourism Product Research Paper commissioned by the Ontario Ministry of Tourism for the Tourism Competitiveness Study noted the following trends: • More and more people are including cultural attractions as part of their activities while traveling. ♦ Travel specifically for the purpose of arts and culture - i.e. where arts and culture are demand generators - is also increasing. • Cultural tourism will continue to grow as overall levels of post- secondary education increase and as the knowledge economy continues to grow. • Arts, culture and heritage are key `destination enhancers' - i.e. they play a significant role in determining the overall desirability of a particular destination, whether or not these are cited specifically as reasons for travel. • Over half of the US travel market visits a historical site, museum and /or art gallery. These are more visited than theme parks, casinos or national and international sporting events. ♦ European visitors continue to be an important market because of their much higher propensity to stay longer and spend more ... However, to meet their expectations it is critical for Ontario's cultural attractions to be of a high quality, distinctiveness and creativity. • Satisfying the needs of these `cultural tourists' will have the effect of increasing the overall tourism numbers traveling to Ontario. In response to these trends and new emerging tourism markets, the Ontario Cultural and Heritage Tourism Product Research Paper presented strategic recommendations to guide investment in developing and positioning Ontario as a significant cultural tourism destination on the world stage. The Lundy's Lane Battlefield Commemorative Park project responds very specifically to the findings and recommendations ... • In visiting heritage sites, there is growing interest in the everyday life stories of the past, not just the lives of famous historic figures, representing a broadening perspective of history. The Lundy's Lane Battlefield Commemorative Park project addresses the broadening perspective of history through its focus on commemorating the Black, Aboriginal and Women's History associated with the site. ♦ Preservation efforts have become an important consideration in choosing a travel destination. 61% of American tourists surveyed believe that travel experiences are better when the destination is a well - preserved natural, historical or cultural site. • The principles underlying culture and heritage: authenticity, uniqueness, preservation and protection. The project well permit visitors to understand the battle from the US perspective, and follow - for the First time in 135 years -fin the Footsteps of the US unfit that took the British guns in the pivotal minutes of the battle. It will open the viewscape from the hilltop and allow a sense of historic place to return - providing a far superior travel experience than that currently available Co visitors. Preservation, protection, authenticity and uniqueness will at be addressed ♦ If Ontario has a goal to appeal to and attract a growing number of 21St Century Travelers then attention must be given to improving existing assets within the province. Specifically, the focus must be directed at better understanding the deficiencies and then developing `prioritized' strategies to be put in place to improve the appeal of its culture and heritage assets. The Lundy's Lane Battlefield cultural heritage site is being upgraded and enhanced through the Lundy's Lane Battlefield Commemorative Park project. Deficiencies in the existing asset are being addressed through the project. The asset o being dramatically improved. A new asset, incorporating "prioritized" strategies to maximize the appeal is being added. Niagara Palls most significant cluster of cultural and heritage assets is being repositioned and strengthened by the addition of the Lundy's Lane Battlefield Commemorative Park. • Canada's culture and heritage are an important and growing source of experiences sought by many travelers - Canadians, Americans and global tourists alike. f\jr)rj FBI � r,� �t evglvQ t weer the P nevi em�.1-1 S, -"nri h g ©lden npOpr * ''nity A key element of Canadian culture is found in microcosm here on the plain, slope and hilltop at Lundy's Lane: We are not American A desperate stand was made. Two armies fought to the point of exhaustion, In the climactic battle of the war that determined we would not be ,American: A clash so horrific that following the cessation of hostilities, the parties readily embraced a peace which has now lasted almost WO years and sets an example for the world to follow Born of the War of 18 12 was both the Canadian identity and The Peace Which Has Endured: Themes of global interest. Just in time for the celebration of 200 years of peace oiong the world's longest undefended border, a profound cultural experience is on the verge or` development _. A battlefield of International significance. The ioattlefield where the Redimental Motto or the US Firth infantry was born. Where the author of "Last or the Mohicans" ended another of his books The American experience could not be interpreted from the US perspective for the oast 135 years Now, the opportunity is here Following the footsteps of the ",Hero of Lundy's Lane" as he led his men to the hill in 0 bid for Victory offers t0 bring the Story alive, make a trip memorable, a destination complete. The L undy s Lane Battlefield Commemorative Park, when completed in 2014, will pe not lust desrration enhancer, but also a destir, Oror motivator it will dramatically improve the appearance and appeal of the existing prod,wct More Importantly, the park's emphasis on meaning will provide the desired "total experience The Ontario Ministry of Tourism's Niagara Premier- ranked Tourist Destinations Framework Main Report identified: • Cultural & Heritage Attractions as one of the Core Attractions of the Niagara Region ... and advised: • The challenge is to preserve and build upon these assets in new and innovative ways that will continue to attract new and return visitation to this region. ♦ Focus on Underdeveloped Tourism Products and Experiences Tae Luncy's Lane Battlefielc Commemorative Par< Project is coing exactly that! ve studied federal and provincial government - commission nd recommendations, and we are responding to the fin attractions are the way Change is underway in the tourism industry... According to the United Nations Educational Scientific and Cultural Organization (UNESCO), global cultural and heritage tourism is growing by an unprecedented 15 per cent per year as a growing segment of travel consumer moves toward a more engaging genre of travel experience ... http: / /www.centennialcollege.ca /chi/ "Cultural and heritage tourism seems to be growing between 13 -15 %, significantly faster than travel in general." * "Canada's culture and heritage is an important and growing source of experiences sought by many travelers." * "In North America, cultural and entertainment activities have gained in popularity ... In the heritage segment, the most popular activities include visiting ... historic sites" * "Older people (over 55 years of age) will represent an increasingly sizeable proportion of the Canadian population (... 42% by 2026). Market segments identified with older Canadians, including heritage, performing arts and wine /culinary, will grow at appreciably higher rates." * Among older Americans: "Significant growth is also anticipated for heritage, performing arts and wine - culinary segments ... [TAMS Overview Report, 20011" * * FPQM• FPrlPrnl- Prnvinrinl- TPrritnrinl riilitirP /HPritnrg• P nnrl Tnuricm InitinfivP• Cultural Heritage Tourism: Review of Existing Market Research, April 2005 "With the rapid rise in levels of educational attainment among populations in both the developed and developing world ... cultural tourism has moved into an era of unprecedented growth." ** "More and more people globally, and in Canada and Ontario, are including cultural attractions as part of their activities while traveling. Over half (53 %) of all Americans who participated in a pleasure trip in 2004 and 2005 visited historical sites, museums and art galleries. ** More importantly, the percentage of people who travel specifically for the purpose of arts and culture - i.e. where arts and culture are demand generators - is also increasing. " ** Cultural Tourism in the 21st Century - Key Trends: "The increase in GDP of dozens of emerging economies, the rise in disposable income of their populations ands their higher propensity to travel ... is having a enormous impact ... For Ontario, overseas visitors from emerging markets are growing rapidly ... Travelers from these segments ... tend to be more educated, have a higher income and are seeking a cultural experience to a much higher degree than the average tourist ... ** "... it is expected that cultural tourism will continue to grow as overall levels of post- secondary education increase and as the knowledge economy continues to grow." ** ** FROM: Ontario Cultural and Heritage Tourism Product Research Paper, February 2009 (commissioned by the Ontario Ministry of Tourism for the Tourism Competitiveness Study) "The strategic recommendations in this paper have been developed to provide guidance to the Province of Ontario in how to invest in developing and positioning Ontario as a significant cultural tourism destination on the world stage." http: / /www.mtc.gov.on.ca /en/ publications / Ontario_ Cultural _and_Heritage_Tourism.pdf : Liiture and heritage are an important and grown es sought by many tra ve %rs" - Canadians, Al mere global tourists alike ... Niagara Falls must evolve to meet these new demands A key element of Canadian culture is found in microcosm here on the plain slope and hilltop at Lundy Lane: //e are not American. A desperate stand was made. Two armies fought to the point of exhaustion in the climactic battle of the war that determined we would not be American. War, followed by 200 years of peace along the world's longest undefended border. A profound cultural experience is on the verge of Demographics and Sys nograp '1 ICS: "Education /learning is one particularly important factor in cultural tourism." * "Various opportunities exist for cultural and heritage tourism in Canada. The United States represent a major potential market for Canada ... as does Mexico." * "56% of the U.S. adult population (118.1 million) are cultural /heritage travelers ..." [TIA /Smithsonian, 2003]" * Mexico's outbound travelers "tend to appreciate travel for its educational value and overwhelmingly consider international travel an investment in the education of their children." * The demographic profile of the cultural heritage travel segment today is younger, wealthier, more educated and more technologically savvy ..." * "The demographic characteristics of the market are shifting towards younger audiences, who also, despite their youth, have a high level of education and income, and a more equal gender split in some of the niche market, e.g. heritage tourism." * "Cultural travelers have very high levels of education ... higher education levels tend to lead to better jobs and higher incomes. Cultural travelers ... tend to exercise professional (34 %) or managerial occupations (18 %) ... [Atlas Cultural Tourism Research Project, 2002]." * * FROM: Federal - Provincial - Territorial Culture /Heritage and Tourism Initiative: Cultural Heritage Tourism: Review of Existing Market Research, April 2005 "European visitors continue to be an important market because of their much higher propensity to stay longer and spend more ... However, to meet their expectations it is critical for Ontario's cultural attractions to be of a high quality, distinctiveness and creativity." ** ** FROM: Ontario Cultural and Heritage Tourism Product Research Paper, February 2009 (commissioned by the Ontario Ministry of Tourism for the Tourism Competitiveness Study) ° veloping a cultural attraction with the critical e %mm i h quality, distinctiveness and creativity. " "Among Americans, visiting a designated historic site and /or attending a performing art event (48 %) are among the most popular cultural and heritage activities to do while traveling. 30% of the audience (35.3 million) say that their choice of destination is influenced by a specific arts, cultural or heritage event or activity. The TIA /Smithsonian research confirmed these findings and found the 40% (47.2 millions) of travelers will extend their stay because of an arts, cultural or heritage event or activity on many occasions." * "Among American adults, heritage, visual arts and wine /culinary, and performing arts take 1st, 3rd, 4th and 7th place, respectively ..." * "There is overlap among cultural segments and also with various outdoor segments, thus there are opportunities for cross - packaging promotions among cultural segments and with various outdoor segments." * "Culture and heritage segments tend to have higher incomes than many of the outdoor market segments." * "Most cultural travelers want to enrich their minds with new travel experiences in which they can learn something new, thus the trips become more memorable and enjoyable to them. For them, a leisure or vacation trip is not complete without visiting a museum, historic site or landmark or attending a cultural event or arts performance. Thus, there is an opportunity to incorporate cultural and heritage learning with other branches of tourism ..." * * FROM: Federal - Provincial - Territorial Culture /Heritage and Tourism Initiative: Cultural Heritage Tourism: Review of Existing Market Research, April 2005 ►attlefeld of international significance. The battle g /mental Motto of the US Fifth Infantry was born; -'The Last of the //ohicans " ended another of his', r7 experience has not been interpreted from the or the past 135 years Now the opportunity is h e footsteps of the Hero ofLundys Lane" as he lec hill In a bid for Victory can make a trip memorable, "Understanding the travel motivations and desires of new emerging tourism markets to Ontario will enable the development of the appropriate cultural experiences. This will help to reduce Ontario's reliance on our traditional tourism markets (US, UK and Germany) " ** Y) ... "... over half of the US travel market visits a historical site, museum and /or art gallery. These are more visited than theme parks, casinos or national and international sporting events. ** "Culture plays a dual role in tourism. On the one hand, it can be seen as 'part of the mix' of what makes a particular destination appealing to a prospective tourist. It can be referred to as playing a 'destination enhancer' function ... It has been proven globally that arts, culture and heritage are key 'destination enhancers' - i.e. they play a significant role in determining the overall desirability of a particular destination, whether or not these are cited specifically as reasons for travel." ** "On the other hand, more than just being a feature that enhances a particular destination, culture can be the main reason to travel ... In this instance, culture becomes the destination motivator." ** "The Cultural Tourist ...Seeks a total `experience' that includes cultural landscapes, cityscapes and townscapes: This visitor views heritage resources broadly and seeks to connect with the meaning of the landscape or town in terms of cultural values ... the emphasis is on meaning and not just appearance." ** Those who travel wholly or in part for the purpose of arts and culture (as their main motivator) are the key market segment to attract ... Satisfying the needs of these `cultural tourists' will have the effect of increasing the overall tourism numbers traveling to Ontario. This segment ... is estimated to amount to 25% of all tourists to Ontario, a percentage which will grow in the knowledge economy of the future." ** ** Ontario Cultural and Heritage Tourism Product Research Paper, February 2009 (commissioned by the Ontario Ministry of Tourism for the Tourism Competitiveness Study) s Lane Battlefield Commemorative Park when co come not just a destination enhancer, but also a motivator morative park will dramatically approve the appea' of the existing product More importantly, the par on meaning - providing the 'total experience' id ndations ow can \iagara Falls expensively tip into th mar <et potential? Tne Luncy's Lane Battiefielc Commemorative Dark project responds very specifically to tne fincings ... "In visiting heritage sites, there is growing interest in the everyday life stories of the past, not just the lives of famous historic figures, representing a broadening perspective of history [National Trust for Historic Preservation, 2004]." Our Lundy 's Lane Battlefielc Commemorative Par< project aggresses the broadening perspective of history through its focus on commemorating the Black, Aboriginal anc Women's istory associated with the site. "Preservation efforts have become an important consideration in choosing a travel destination. 61% of American tourists surveyed believe that travel experiences are better when the destination is a well - preserved natural, historical or cultural site. ... [Travel and Tourism Analyst No. 20. 2004]." "Prince Edward Island furthermore identified the principles underlying culture and heritage: authenticity, uniqueness, preservation and protection ..." * Our project will permit the visitors to .uncerstand tne battle from the US perspective, follow for the first time in 135 years - in the footsteps of the US unit which too< the British guns in tne pivotal minutes of the battle, open the viewscape from the hilltop and allow a sense of historic place to return providing a Or superior travel experience than that currently availa pie to visitors. Preservation, protection, authenticity anc uniqueness will all be acdressed * FROM: Federal - Provincial - Territorial Culture /Heritage and Tourism Initiative: Cultural Heritage Tourism: Review of Existing Market Research, April 2005 Ontario "faces a lot of competition to attract these cultural tourists. During the past 10 years many US and other competitor cultural destinations received significant capital investment and marketing monies." ** It is time to invest in ours. We have received encouragement from two Federal programs already. Phases II anc III of our project meets their eligiuility criteria. One will func Phase II, tie other Phase III together worth a half million collars. Those who will benefit cirectly from the increasec visitation anc increased length of visitor stay that the project will bring neec to invest only in Phase I - the -phase upon which the federally- funcec phases depenc -ow much will you invest in this economic cevelopment in your community? Charitable income tax receipts are available. "With a global menu to choose from, cultural tourists will flock to those experiences that are of high quality and distinctiveness and that provide 'value for time.' As a result, Ontario's cultural experiences must be of world -class standard in order to compete." ** The Luncy's Lane Battlefielc Commemorative Par< will provide "value for time. " Visitors will oe able to learn about the US experience, no lasting meaning of the conflict, and Blac<, Aboriginal anc Women's History all at one compact site. An internationally acclaimed military heritage exoert, an Aboriginal advisor, and other relevant experts will ensure tae commemoration is accurate anc precise. The sculptures oejng incorporated in no park development will ensure a world - class standard is met. "Time- pressed tourists appreciate convenience. 'Clustering' cultural entities creates a critical mass of attractions that justifies the time spent. Some of the world's most successful cultural tourist attractions are part of clusters - whether they be permanent cultural destinations or festivals and art fairs." ** "Other than Ontario's major cultural tourism centres (Toronto and Ottawa) most destinations do not have cultural or heritage attractors that draw significant year -round visitation. Therefore as we attempt to grow travel ... through cultural and heritage tourism offerings ... an important element of growth is to cluster experiences in order to create both appeal and critical mass. A collection of heritage sites that tell the story of a geographic area or of a people is far more compelling than any one single entity." ** The Luncy's Lane Battlefielc Commemorative Par< is the Key needed to create that critical mass. It compliments and completes the cluster alreacy existent here: Tae Uncerground Railway site. The Farmers Mar<et. The newly expanced Museum. The Drummonc Hill Cemetery. Commemorating tae US experience and tae Black, Aboriginal and Women 's History completes tae cluster and "Arising from an analysis of the gaps, this report's central recommendation is that: Ontario's cultural products need to be improved in terms of quality and distinctiveness to be truly competitive in the global cultural marketplace." ** "For the 21st Century Cultural Travelers who are motivated by a cultural product or experience to visit a destination, the quality of the cultural experience is the number one factor in deciding to visit." ** Tne Lundy's Lane Battlefielc Commemorative Par< project will provicing that quality anc distinctiveness in two ways: First, it will remove a significant constraint on the existing site, opening the viewscape from the hill loo<ing towarc the American position. Visitors will be able to, for the first time in 135 years, follow the US path of acvance on the central battlefielc. It will permit visitors to experience a aistoric sense of place. Tan quality of the cultural experience will nave been vastly improved by the enc of Phase II. Then, in Phase III, the worlc class cevelopments will begin ... "The traditional model of cultural tourism was a `consumptive' one. That is, cultural tourists went to' see' a museum, a gallery, a performance. While they were happy to consume these experiences voraciously, their engagement was relatively passive ... For the new 21st Century Traveler, however, active participation is part of his /her experience of the world. He /she is likely to seek out a `creative cultural tourism' experience ...for experiences to continue to attract both the old and the new successfully, it must be of high quality, be highly distinctive and be highly creative ... there is a growing now cultural tourism market characterized by the desire to have a `creative participatory experience' and to pro - actively construct one's own cultural experience. — - ** A key feature of the Luncy's Lane Battlefielc Commemorative Par < is the Undergrounc Railroac Celebration Place. Amenities invite visitors to picnic on the battlefielc, recreating the picnic the local African- Canadian community, celebrating its delivery from the great of being enslavec held on the first anniversary of the battle - July 25, 1815. "Culture and heritage entities are considered to be key stakeholders in Ontario's tourism industry. " ** We are stakeholders, along with you, in tae economic future of our community. Let us wor< together in builcing our cestination. ** FROM: Ontario Cultural and Heritage Tourism Product Research Paper, February 2009 (commissioned by the Ontario Ministry of Tourism for the Tourism Competitiveness Study to provide "strategic recommendations ... how to invest in developing and positioning Ontario as a significant cultural tourism destination on the world stage. ") "Recommendations for Linkages, Integration, Marketing and Positioning ... Upgrading and enhancing cultural heritage sites. If Ontario has a goal to appeal to and attract a growing number of 21st Century Travelers then attention must be given to improving existing assets within the province. Specifically, the focus must be directed at better understanding the deficiencies and then developing 'prioritized' strategies to be put in place to improve the appeal of its culture and heritage assets." ** The Luncy's Lane Battlefield cultural aeritage site is being upgradec anc enhancec through the Luncy's Lane Battlefield Commemorative Park project. The ceficiencies in the existing asset are being addressee. The asset is being dramatically improvec. A new asset, incorporating °prioritizec" strategies to maximize the apoeal is oeing acted Niagara Falls' most significant cluster of cultural anc heritage assets will be repositionec and strengthened by the accition of the Lundv's Lane Battlefielc Commemorative Park. Tais is happening relatively inexpensively for the Niagara Falls community, through the involvement of a public foundation that has fount favourable responses in its approaches for feceral funcinc for Phases 11 anc III_ Will von support us in investing in ceveloping and positioning Niagara as a significant cultural tourist cestination? ** FROM: Ontario Cultural and Heritage Tourism Product Research Paper, February 2009 (commissioned by the Ontario Ministry of Tourism for the Tourism Competitiveness Study to provide "strategic recommendations ... how to invest in developing and positioning Ontario as a significant cultural tourism destination on the world stage. ") 200 years War of 1812 Central battlefield reclaimed Pivotal Regreen Key troop corridor Commemorate War's climax Dramatically improved Educate interpretive capabilities unconvinced? Consid this ... 's Lane Battlefield Commemorative nent new tourist attraction that furthe Ministry of Tourism & Culture's goal Niagara : The 2005 Niagara Premier - ranked Tourist Destinations Framework Main Report identified: Cultural & Heritage Attractions - one of the Core Attractions of the \iagara legion The 2005 Niagara Premier - ranked Tourist Destinations Framework Main Report advised: The challenge is to preserve and build upon these assets in new and innovative ways that will continue to attract new and return visitation to this region. The 2005 Niagara Premier - ranked Tourist Destinations Framework Main Report recommended: Focus on Underdeveloped Tourism Products and Experiences The Lundy's Lane Battlefield Commemorative Park is: 1 developing an undercevelopec 1 developing an uncerc evelopec tourism procuct tourism experience preserving anc builcing upon an existing asset in a new anc innovative way that will attract new anc return visitation supporting c estination c f developing an underc evelopment evelopec tourism proc uct enhancing the competitiveness of Ontario's tourism procucts anc experiences supporting recommencations from a premier- Tourist Destinations framework Rankec ... as per the 2005 Niagara Premier - ranked Tourist Destinations Framework Main Report: http://www.mtc.gov.on.ca/en/publications/PR_Niagara.pdf Friends of the Lundy's Lane Battlefield 5993 Barker Street Niagara Falls, ON L2G 1Y5 Ontario Corporation Number 1265886 Public Foundation Registration Number 869831396RR0001 (905) 371 -0434 colclough @cogeco.ca www.thebattleoflundyslane.ca Teresa Fabbro From: Dean Iorfida Sent: Wednesday, February 20, 2013 10:47 AM To: Teresa Fabbro Subject: FW: corrections which should be noted Attachments: corrections.docx Another one. From: Janice Wing [mailto:janice_wing @cogeco.ca] Sent: Wednesday, February 20, 2013 10:46 AM To: Ken Todd; Dean Iorfida Subject: corrections which should be noted Hi Ken and Dean, Please find attached a document I have complied based on my knowledge of the matters addressed therein. I am very sorry to feel compelled to point out, for the record, so many errors. Please treat this as an addendum to my submissions sent yesterday on the related matters going to Council on Feb. 26 (Zoning bylaw amendment application AM- 2012 -02 and Declare Surplus and Offer For Sale of Certain Lands). Thanks. janice 1 CORRECTIONS AND CLARIFICATIONS to CAO- 2013 -01 Battlefield School Property Update report and verbal representations on Jan 22, 2013: ERRONEOUS STATEMENT: "At the time of the public meeting on the rezoning, the Friends of the Lundy's Lane Battlefield felt that six (6) months was sufficient to fundraise $450, 000 to purchase and demolish the former school." - Page 4, CAO- 2013 -01 CORRECTION: The Friends of the Lundy's Lane Battlefield made no such proposal. I can advise, as Past President, that the foundation was still inactive as of the April 24, 2012 Council meeting. City Council decided to challenge the citizens (primarily seniors on fixed incomes) objecting to the City- initiated rezoning application "to come up with an alternative arrangement." The Friends never agreed to come up with $450,000 within an arbitrarily chosen six month time frame. At the April 24, 2012 Council meeting, there was discussion of requiring the opponents to the City- initiated rezoning application to "demonstrate" their ability to raise funds and "come up with an alternative arrangement." At Time: 62:30 in the video of the April 24, 2012 Council meeting, Councillor Vince Kerrio discusses his forthcoming motion: "... to table this to give the residents their time to see if they can come up with the money to purchase and demolish the school and at that time I guess we would enter into an agreement maybe to make it, to turn it, into a park ... and maybe in the meantime we can talk to the owner of the funeral home to see if we can enter into an arrangement maybe to lease him, to come up with some other arrangement to not have to sell him, to lease him, the land ... I'm of the mind to give the residents the time they need to come up with an alternative arrangement." Following that Council meeting, the Friends of the Lundy's Lane Battlefield reorganized and came up with that alternative arrangement. The Building Communities Through Arts and Heritage Legacy Fund will provide up to $500,000 to demolish the redundant school building and develop a commemorative park in its place, providing an almost dollar for dollar return on that portion of the City's 2012 Capital Budget investment. The Friends also have a formal Expression of Interest on file with the federal government's 1812 Commemoration Fund. City Council subsequently passed, on July 24, 2012, two resolutions regarding the Friends' project, one endorsing the project for Building Canada Through Arts and Heritage program purposes and the other indicating its willingness to provide a Landlord Authorization. City Solicitor Ken Beaman, when contacted by the Friends' solicitor, refused to discuss a lease arrangement. A draft lease agreement was prepared by the City and sent to the Friends' solicitor's office only after the October 2, 2012 meeting at which Ken Todd stated: These are public lands. We wouldn't let the ownership leave our hands. I was present at that meeting, and later that same day (2:50 pm) sent an email to Ken in which I noted: "Ken, an important point just came back to me. I'd meant to follow up on it during our meeting, but the conversation moved so quickly it slipped my mind. You said, at one point, something to the effect of: These are public lands. We wouldn't let the ownership leave our hands. It was at that point you began discussing a potential lease agreement with the Friends." During the six month period assigned by Council, the Friends of the Lundy's Lane Battlefield, a registered public foundation dormant since the successful completion of its Canada Millennium Partnership Project in 2001, reactivated and "demonstrated," as per Council's April 24 discussion regarding what they wanted to see from those opposing AM- 2012 -02, that the capacity exists to raise the funding required to demolish the building and provide a return on the City's investment. Those opposing AM- 2012 -02 had no input into Council's selection of the period in which to demonstrate their fundraising capacity, and the Friends have never been asked to comment on the fundraising timeframe required. The Friends plan to have their current project completed in time for an official ceremony opening the park on the Bicentennial of the battle on July 25, 2014. ERRONEOUS STATEMENT: "Concern has been reported by the Niagara Falls Museum Advisory Board that the Friends of Lundy's Lane Battlefield have approached the Lundy's Lane BIA to redirect the $150,00 earmarked for the Lundy's Lane Gateway Project. Another concern that has been raised by the Niagara Falls Museum Advisory Board, who continues to fundraise for the Museum expansion, that they are experiencing difficulty with their fundraising efforts as members of the community are confused over the different funding requests being made for Battlefield projects." - Page 2, CAO- 2013 -01 CORRECTION: Jock Ainslie, a Lundy's Lane BIA member for many decades, who has been independently working on preservation of the Battlefield School property in its entirety for 15 of those years, attended Lundy's Lane BIA General and Board meetings as a BIA member and spoke to the need to preserve the battlefield lands first and build the proposed gateway (of which he had been one of the first proponents) later. BIA minutes included in the February 12, 2013 Council agenda confirm this. The Friends, to avoid competing with other worthy local causes, submitted a funding application to only one local organization (Niagara Falls Hydro Holding Corporation, which was supporting other projects aimed, as the Friends' is, at boosting local tourism). The Friends approached no other local individuals, organizations, businesses, corporations, or public or private foundations. Their efforts were aimed at various government sources and leading Canadian corporations, public and private foundations. The "difficulty" the complainants are experiencing has nothing to do with the Friends. The difficulty is likely due to their own overlapping fundraising efforts: "continues to fundraise for the Museum expansion" while concurrently making funding requests for their "Gateway Project." ERRONEOUS STATEMENT: "Mr. Bill Colclough will be making a presentation to Council at tonight's meeting to request that the Friends be provided a five (5) year lease of the former school property " - Page 1, CAO- 2013 -01 CORRECTION: Mr. Bill Colclough had never requested to make a presentation. Mr. Bill Colclough had never suggested he would be making a presentation. City staff had known since the summer of 2012 that Sullivan Mahoney was acting on the Friends' behalf, and had in fact begun negotiating a ten (10) year lease agreement with Sullivan Mahoney in the fall, on which negotiations were still continuing as of January 22, 2013. Furthermore, I had advised the City Clerk had been advised in a November 19, 2012 email, in response to his request that the matter's scheduled return on November 24 be moved to a later date: "Our position is that we need Mr. Richardson to be in attendance to represent us." ERRONEOUS STATEMENT: "Property to be leased to the Friends of the Lundy's Lane Battlefield to raise funds to demolish former school building." - 2010 Aerial Photography appendix to CAO- 2013 -01 labeled Battlefield School Property Option 4 CORRECTION: The Property Parcel outlined in orange is NOT what the Friends of the Lundy's Lane Battlefield were proposing to lease. The Friends were seeking a lease agreement, as per Councils' April 24, 2012 direction to those opposing the City- initiated rezoning application, for the portion of the lands proposed to be rezoned R5. The Friends were seeking a lease agreement only for the Property Parcel on which the park concept is superimposed on the aerial photo labeled Option 6 attached on page 6. (Note: This is the park concept of which advisor to the federal Minister of Heritage and acknowledged expert on the battle, Donald E. Graves, has indicated his approval.) The Friends' interest was solely in that portion which the City was seeking to rezone to R5A through Zoning by -law amendment application AM- 2012 -02. Councillor Kerrio, in discussing his motion to allow the citizens opposing that zoning by- law amendment application an opportunity to find a "alternative arrangement" described the intention of his motion as: " ... see if they can come up with the money to purchase and demolish the school and at that time I guess we would enter into an agreement maybe to make it, to turn it, into a park." The Friends, following the stated intent of that motion, developed a park concept specific to that parcel and found federal funding sources which would provide the money to "demolish the school" and "turn it into a park." The initial concept was adjusted, following conversations with Ernie Morgan in which he repeatedly stated his desire to acquire all the lands along the eastern edge up to the boundary with the residential lands to the east of the school. The Friend removed those lands from their park concept to accommodate Mr. Morgan's interest and permit the City to negotiate a larger purchase price with Morgan Funeral for these additional Commerically zoned lands. ERRONEOUS STATEMENT: City Solicitor Ken Beaman indicated, at the January 22, 2013 Council meeting, that Resolution No. 22, certifying the City's willingness to provide a Landlord Authorization for the Friends' demolition and park development project, was not approved by Council. CORRECTION: Council minutes for July 24, 2012 indicate the resolutions (plural) the Friends had requested were approved. Signed and sealed copies of both resolutions were provided to the Friends and the resolutions were also posted on the City website: http: / /docs. niagarafalls.ca /weblink8 /0 /doc /593650 /Page1.aspx http: / /docs.niagarafalls.ca /weblink8 /DocView.aspx ?id= 593648 &page =1 &dbid =0 ERRONEOUS STATEMENT: Staff advised Council that the Friends had withdrawn their CIIF application. CORRECTION: As the Project Lead for the Friends, I can confirm that I had submitted a complete CIIF application. It was, like the majority of the City's own CIIF applications, denied. A copy of the letter advising of this can be provided upon request to confirm this fact. The Friends still have a formal Expression of Interest on file with the 1812 Commemoration Fund. The Expression of Interest will be advanced to the review committee as soon as the Friends have legal title to the property. A Building Canada Through Arts and Heritage Legacy Fund application is also pending the Friends' acquisition of legal title. Option 6 (What the Friends' park concept anticipated) Friends lease reduced amount of the parcel being offered for $450,000, and bring approximately dollar for dollar return on that investment. (Note: The City made the investment through the 2012 Capital Budget.) Area marked by red rectangle is rezoned Commercial and offered to Morgan Funeral (at a higher value than if zoned Residential). This allows the City to recoup more of its 2012 investment. Janice Wing 5993 Barker Street Niagara Falls, Ontario L2G 1Y5 20 February 2013 Lynne Banks Law Clerk, Property City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: DECLARE SURPLUS AND OFFER FOR SALE OF CERTAIN LANDS IN THE CITY OF NIAGARA FALLS Part of Lot 6 north side of Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; in the City of Niagara Falls, Regional Municipality of Niagara. Dear Ms. Banks, Please reference my objections to City- initiated Zoning by -law amendment application AM- 2012 -02 field this date with Director of Planning Alex Herlovitch and City Clerk Dean Iorfida. Those same concerns apply to the above - referenced public notice inviting comments about the proposed sale to be directed to you. I believe that the proposed sale presents potential long -term negative impacts on the community. I believe the proposed sale is not in compliance with established community planning framework. I believe the proposed sale is not in conformity with Provincial and Regional planning policies, and not in conformity with the official plan. I believe the proposed new land uses which the proposed sale would enable conflict with the overall future planning goals and policies of the community. I believe the intensified land use proposed for a portion of the property is incompatible with adjacent uses of land and that the land in question is not suitable for a number of reasons for the proposed purpose for which the declaration of surplus and offer for sale is being proposed. I believe that consideration is not being given to the effects of the division of the land referenced at top on the site, on the neighbours and on the community as a whole. I hereby request notice of the decision. Yours truly, Janice Wing Teresa Fabbro From: Dean Iorfida Sent: Wednesday, February 20, 2013 11:14 AM To: Teresa Fabbro Subject: FW: further to my earlier concerns Attachments: Scan.tiff Original Message From: Janice Wing [mailto:janice_wing @cogeco.ca] Sent: Wednesday, February 20, 2013 10:53 AM To: Lynne Banks; Dean Iorfida Subject: further to my earlier concerns Hi Lynne and Dean, The attached document was produced by City staff and circulated by them at the February 19, 2013 Main & Ferry BIA meeting. It shows "Battlefield Area" outlined in red. The property for which a Declare Surplus and Offer For Sale notice was published in the Review on February 16, 2013 is within that "Battlefield Area." Please note this for the public record. Thanks. janice 1 Main & Ferry BIA with Battlefield Area & Street Signs Niagara/lilts 2 3 140/41MICR SL 8 FIERY ST A Pt 6 rr • LUNDY'S 4RI PERRY ST Pi. 11 • inventory Slree1 Signs 1 3 i5L-c;: c! thlei Bait let eid Area Main & Fe—y BLA Pecl of lOttftfil A NJogara F.31IS az $510 Perry 5t B Farr7-ier's Market a,. 5943 Sylvia Pi C Sertpan (demokshed) al 5948 Main Street cuu251 PREP. ST ROBINSON 51 S Rock:WS ) Janice Wing 5993 Barker Street Niagara Falls, Ontario L2G 1Y5 20 February 2013 Lynne Banks Law Clerk, Property City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: DECLARE SURPLUS AND OFFER FOR SALE OF CERTAIN LANDS IN THE CITY OF NIAGARA FALLS Part of Lot 6 north side of Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; in the City of Niagara Falls, Regional Municipality of Niagara. Dear Ms. Banks, Please reference my objections to City- initiated Zoning by -law amendment application AM- 2012 -02 field this date with Director of Planning Alex Herlovitch and City Clerk Dean Iorfida. Those same concerns apply to the above - referenced public notice inviting comments about the proposed sale to be directed to you. I believe that the proposed sale presents potential long -term negative impacts on the community. I believe the proposed sale is not in compliance with established community planning framework. I believe the proposed sale is not in conformity with Provincial and Regional planning policies, and not in conformity with the official plan. I believe the proposed new land uses which the proposed sale would enable conflict with the overall future planning goals and policies of the community. I believe the intensified land use proposed for a portion of the property is incompatible with adjacent uses of land and that the land in question is not suitable for a number of reasons for the proposed purpose for which the declaration of surplus and offer for sale is being proposed. I believe that consideration is not being given to the effects of the division of the land referenced at top on the site, on the neighbours and on the community as a whole. I hereby request notice of the decision. Yours truly, Janice Wing Teresa Fabbro From: Sent: To: Subject: Attachments: Dean Iorfida Tuesday, February Teresa Fabbro FW: comments on comments.docx This one will go with the related Legal report. From: Janice Wing [mailto:janice_wing @cogeco.ca] Sent: Tuesday, February 19, 2013 2:18 PM To: Lynne Banks; Dean Iorfida Subject: comments on public notice 19, 2013 2:19 PM public notice 1 L- 2013 -10 NiagaraFalls February 26, 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 -10 Declaration of Surplus Portion of 6015 Barker Street (School) Our File No. 2013 -69 RECOMMENDATION That part of Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls, in the City of Niagara Falls, as shown hatched on the attached location map ( "subject land "), be declared surplus. EXECUTIVE SUMMARY The City has received an Offer to Purchase a portion of the above described land from Stamford Kiwanis Non - Profit Homes Inc. In order to comply with the terms of By -law No. 2003 -016 as amended, Council must pass a resolution or by -law declaring the school building and accompanying land, as illustrated in the attached drawing, surplus to the needs of the City. BACKGROUND Staff have found no municipal purpose for the school building and the rest of the lands to which the Offer relates. Public notice of the declaration of surplus and sale was given in the February 16, 2013, issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. ANALYSIS /RATIONALE See attachments to Report L- 2013 -09. February 26, 2013 - 2 - L- 2013 -10 ATTACHMENT Map of subject land Recommended by: Respectfully submitted: KB Attachment Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer _ ■••••7'. 11914.0.952. ..117 11.1 > iD =7111Ircaral=13 .ROPO-SW ALTE.A1,014 STAMFORD KIWANIS SENIOR'S APARTMENTS .17 WaliFICl/Ir. 01,5.0 cooatIo. SITE PLAN 11000 • ESSOC3.7n ■ ft* ,C AYE • 773. 71 .7 '"■■•—•••■■•2...' •••,•••••••••••17..1••• NiagaraFalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture R &C- 2013 -06 February 26, 2013 SUBJECT: Waiving of Chippawa Willoughby Arena Rental Fee R &C- 2013 -06 RECOMMENDATION 1. That the rental fee of $17,109 (incl. hst) invoiced to the Chippawa Volunteer Firefighters Association for the use of Chippawa Willoughby Memorial Arena for 2012 SPN weekends not be waived or reduced. 2. That the rental fee not be reduced or waived for the upcoming 2013 SPN weekends for the use of Chippawa Willoughby Memorial Arena. EXECUTIVE SUMMARY The Chippawa Volunteer Firefighters Association (CVFA) permitted the Chippawa Wiiloubghy Memorial Arena for six weekends to provide food and beverages for the Slo- Pitch provincial and national tournament participants. The local organization was responsible for permitting the facility, securing event equipment and supplies. In total, the group contributed approximately 2,000 man hours of work preparing for and implementing the food and beverage services for the six weekends. Recognizing the Chippawa Volunteer Firefighters Association is a local volunteer organization, the City charged the group the non - profit rental fee for the use of the arena for the Saturday and Sunday. The organization also had access to the facility on the occasional Thursday evening and every Friday to set up for the event. When the organization was at the facility, a staff person was on site. As the group was charged a non - profit rate for Saturday and Sunday only, staff does not recommend reducing and /or waiving the 2012 fee or future rental fees. Letter from the CVFA is attached as Attachment #1 requesting a reduction in rental fees or waiving of fees. If fees were waived the organization has offer to provide an annual donation of $10,000 towards a fund to renovate the arena and /or Patrick Cummings Memorial Park. BACKGROUND The City of Niagara Falls, in conjunction with the Niagara Falls Optimist Park and Slo -Pitch National has been hosting the Slo -Pitch Provincial and National Championships in Niagara Falls since 1988. Slo -Pitch hosts the Can -Am Slo -Pitch Tournament one weekend in late May, National Championships are held one weekend in August and the Provincial Championships take place over four weekends in late August and September. The Slo- Pitch tournaments have long been recognized for the significant contribution to the local economy through sport tourism. Last year, Slo -Pitch National contacted the City of Niagara Falls to inquire if the Chippawa February 26, 2013 - 2 - R &C- 2013 -06 Willoughby Memorial Arena was available for their tournament headquarters for their Can Am Weekend, Slo -Pitch Nationals and SPN Championships. SPN wanted to secure a new venue immediately rather than wait until 2013, when the Optimist facility was not available for their event headquarters. Once the venue was confirmed, SPN staff contacted the Chippawa Volunteer Firefighters Association to provide the food and beverage services for the tournament weekends. ANALYSIS /RATIONALE To recover staffing costs and to maximize revenue opportunities for the Chippawa Willoughby Memorial arena, user groups are expected to pay required facility rental costs as outlined in their rental contract. Additional off season revenue helps to recover some of the annual operating costs. Indoor recreation facilities have higher rental fees as compared to outdoor facilities based the cost to maintain the facility. The event produced a lower financial return than the organization had anticipated. However, staff cannot recommend reducing or waiving the rental fees. In the future, other community organizations could be approached to partner with CVFA on the service to provide the food and beverage services. The partnership would reduce the number of man hours to coordinate the event and provide new fundraising opportunities for other community organizations. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The CVFA requested the weekend facility rental fees be reduced to $1,600 from $2,851. Staff has only charged the volunteer organization for the use of the facility on Saturday and Sunday with no charge for set up on the Friday. One third of the revenue earned over the six weekends covered the facility rental fee. The remaining two thirds of the revenue will be directed to fundraising projects. If charged for all three days, the weekend rate would be $4,277, total contract for six weekends would be $25,664 instead of $17,109. In comparison if the facility was rented by a commercial organization, the daily fee would be $3,320, total of $9,960 for all three days and labour costs. To address the facility concerns, the fans have been repaired and the main washrooms have been improved with new washroom partitions. CITY'S STRATEGIC COMMITMENT Financial Strategic Priority, to ensure resources are focussed on core programs and services by maximizing user fees and enhancing revenues at the City arenas. LIST OF ATTACHMENTS 1. Chippawa Volunteer Firefighters Association letter. Recommended by: /(7. /``y Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: Ken Todd, Chief Administrative Officer CV QTY FA STATION 4 CI-IIPPAWA VOLUNTEER FIREFIGHTERS ASSOC IA'I ION To: Niagara Falls Mayor Jim Diodati Niagara Falls Member of Council From: Tim Koabel, President, Chippawa Volunteer Firefighters Association Date: Thursday Nov.26, 2012 Re: SPN Slo -pitch Tournaments Good Afternoon. Last year the Chippawa Volunteer Firefighters Association were approached by Bill Miller and his SPN Group to become the new hosts of the Niagara Falls SPN Championship Tournaments. This was due to the closing of the Optimist Club in Niagara Falls. With our past experience of 35 years of hosting successful, we felt this would be would help keep the tournament but also an excellent opportunity for us to do some serious fundraising for the community. Although the venture was new to ourselves and the City, we jumped in with both feet. Also because this was new, we had no previous figures to work with in regards to monies coming in and out. We were not involved in the initial negotiations of the cost of the arena. At the end of Tournaments, with all the ups and down of any new venture, we survived. Once the paper work was completed we were happy but yet disappointed. We found that after roughly 2000 man hour of work, that the cost of arena basically had taken up a third of the monies coming in. The first Tournament was considered a loss and the August had to take care of arena fees for both May and August. Minimal sales in both these weeks contributed to the loss. We were able to make up some ground on the last few weeks. The majority of our costs are rental fees for tables, chairs, ice, and cooling fans due to high heat and air movement within the arena, fee's that the Optimist did not have to deal with. I would like to ask at this time if Mayor Diodati and Council would consider a reduction in rate for this past season. It would be inappropriate for us to ask for having fees waived all together, but a suggestion would be waive the fees and a yearly donation of Ten Thousand dollars ( $1,600 per weekend rather than the $2,700), made from our Association to a fund for renovation and up keep to the Chippawa Willoughby Memorial Arena and Patrick Cummings Park. This would keep monies in the Community and help with upgrade to the arena and Park. Thank you for your time and consideration, Tim Koabel President, Chippawa Volunteer Firefighters Association 905 - 295 -4847 SNOIIV3INf1WWOO Mayor and Members of Council City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 February 20, 2013 Dear Mayor Diodati and Members of Council: Re: March Break Student Transit Rate "50 Cent Student Bus Rides" The Niagara Falls Mayor's Youth Advisory Committee (MYAC) would like to sincerely thank Niagara Falls Transit for their partnership and support over the years of the "25 Cent Student Bus Rides" initiative. We would also like to thank Council for their endorsement of this project. In the past, 25 cent bus rides were offered for the school Christmas Break and March Break. After a brief hiatus we would like to reintroduce this initiative. MYAC feels that the initiative has been a success in the past and fits extremely well into our environmental focus and initiatives. We the Mayor's Youth Advisory Committee on behalf of the youth of Niagara Falls, would like to respectfully request 50 Cent Student Bus Rides for March Break 2013 (March 11 -15). We are very excited about this partnership and are confident that together, we will be able to help inform students about Niagara Falls Transit. Several of our members have committed to riding the bus prior to March Break and writing about our experiences in order to encourage youth to give it a try. We believe that some youth do not ride the bus because of lack of knowledge and hope to increase awareness and comfort level of our fellow youth. For one dollar round trip, what better time is there for youth to give it a try? To promote the fare, as in the past, MYAC representatives will make announcements and post flyers at each high school in the City. This initiative continues to help promote freedom and independence for the youth. It shows that the youth care about their environment, but that care and commitment comes with the help ofthe Niagara Falls Transit and City Council. If you have any questions, please contact our city staff liaison, Beth Angle at 905- 356 -7521 X 3336. We look forward to your response. Thank you for your time and consideration. Sincerely, Connor Bitter Co -Chair George Liu Co -Chair The Mayors Youth Advisory Committee of Niagara Falls Recreation & Culture Dept, 7150 Montrose Road, Unit 1, Niagara Falls, ON L2E 6X5 905.356.7521 X 3336 Dean Iorfida From: Sarah Conidi Sent: Friday, February 15, 2013 11:14 AM To: Dean Iorfida Subject: FW: World Autism Awareness Day (City of Niagara Falls) Attachments: cnaf ribbon.JPG; World Autism Awareness Day Poster 2012 - 6 jpg; CNAF Logo.JPG; image002.jpg From: Canadian National Autism Foundation Event Planning [ mailto: cnaf_event.planning ©hotmail.ca] Sent: Friday, February 15, 2013 10:47 AM To: Sarah Conidi Subject: World Autism Awareness Day (City of Niagara Falls) Sarah Conidi Good day to you. We at the Canadian National Autism Foundation would love to have the City of Niagara Falls light up City Hall with blue lights again this year for World Autism Awareness Day on April 2. Please RSVP to this address at your earliest convenience. Thank -you for your time. Sincerely, Jen Price (Event Planner) Our contact information is in the attached letter. C NSA F World Autism Awareness Day April 2nd Good Day I am writing you this letter on behalf of the Canadian National Autism Foundation as I am a volunteer as we all at the Foundation volunteer our time including the Board Members. 1 Did you know that Autism affects 1 -88 people around the world? Autism affects more children than pediatric cancer, diabetes and AIDS combined. Women who have one child with autism face an 18 per cent risk of a subsequent baby developing the neurobiological disorder. Autism isn't a disease, it's a symptom. We at the Foundation are hoping that we can count on you to help us in raising awareness to Autism. You might wish to: - light up you business with blue lights - your webpage with blue, blue puzzle pieces and the foundations logo to show you support us -have a dress down day with the proceeds going to our foundation -do your own fundraiser for the day and we can help you with the proceeds going to our foundation A bit about Autism Autism is a developmental disability also called a neurological disorder which affects the functioning of the brain, and also inhibits a person's ability to communicate and develop social relationships. It is often accompanied by behavioral challenges and typically appears during the first three years of life. It ranges in severity from a handicap that limits an otherwise typical life to a devastating disability requiring institutional care. Even with a diagnosis of autism, no two children are alike. Approximately 25 -30 percent may develop a seizure pattern from mild to severe at some period during their life. As many as one in 20 children diagnosed with autism by age 3 could either already have epilepsy or develop epilepsy later in life. "Sudden, unexpected or unexplained death in autism is often, but not always related to epilepsy. Eighty percent of special needs girls and 50% of boys are believed to be abused or molested by age 18. It is estimated that every 20 minutes, another family receives the devastating diagnosis of autism. "So if you don't already know someone with autism, you definitely will soon. On Behalf of the Canadian National Autism Foundation Tina Fougere President & Founder, Canadian National Autism Foundation Tel: 905 -930 -8682 Website: http:/ AN, W NN, .cnaf.net Foundation Email: info @cnaf.net Facebook Group:http:;!www.facebook.com /groups/ Canadian .National.Autism.Foundation / Foundation Blog: http: / /cnafnet/blog 2 Dean Iorfida From: Dean Iorfida Sent: Monday, January 28, 2013 2:19 PM To: Carey Campbell; Cathy Crabbe; Sarah Conidi Subject: RE: Ontario Mayors: April 2, 2013 Raise the Flag WAAD I received the correspondence, as well. It will be on a February agenda for approval. I trust the organizers will deal directly with the Mayor's office on the flag raising itself. From: Carey Campbell Sent: Monday, January 28, 2013 12:35 PM To: Cathy Crabbe; Dean Iorfida; Sarah Conidi Subject: FW: Ontario Mayors: April 2, 2013 Raise the Flag WAAD Importance: High Dean: Thank you for your help to carry out this request. carey From: Kevin Conway [mailto:kevinconway @sympatico.ca] Sent: Thursday, January 24, 2013 3:28 PM To: ; Subject: Ontario Mayors: April 2, 2013 Raise the Flag WAAD Importance: High Ontario Mayors: "RAISE THE FLAG" IN YOUR MUNICIPALITY APRIL 2 I need your help, your participation and your leadership to make a very worthwhile event a success: The raising of the Autism Ontario Flag in every municipality in Ontario on April 2, 2013; World Autism Awareness Day, Here is how we need your help, participation and leadership: 1. Mayors, please reserve your flagpole for the raising of the Autism Ontario flag on Tuesday, April 2. The plan is to have every municipality in ON raise the flag at noon that day. Your municipality may require an application...given that there are 444 municipalities in ON please be good enough to look after this on behalf of Autism Ontario. 2. Mayors will be contacted in mid February directly by a representative from Autism Ontario There are 22 Coordinators in ON who will be contacting municipalities. Please work with these people and Autism Ontario volunteers in order to make the event a big success in your community... (there is no reed to respond to this email at this time) 3. Your leadership, as elected representatives will make a difference. 20% of all students in ON have a learning disability. Many of them have Autism, ADHD, FASD, etc. Ultimately you want them to develop into TAXPAYERS, not dependants on society. How they and their families are supported in the community makes a world of difference. You will make a difference. 1 We have met at FCM and AMO conferences over the past 16 years, first through my role as Director Business Development with the FCM and for the past 10 years through my involvement with Municipal World. During this time I have engaged many of you in discussions about Autism. Among you there are parents, grandparents, etc. with individuals in your families who have Autism. For those of you who have this connection, you know that the support of the community is so very important. "It takes a village to raise a child." My son, who has Asperger's Syndrome, is in his third year of university. My brother had Autism and lived nearly all his life institutionalized at great expense to government. At the AMO Annual Conference in August, the Autism Ontario flag raising effort was brought forward at the time Kathleen Wynne, as Minister of Municipalities, addressed all of you. I have worked with people like Kathleen and John Tory for years to help increase awareness and services for people with ASD. John is Hon. Chair for Unity for Autism. The flags have been generously paid for by the Bank of Montreal. My friend Jim Kelsey is a senior executive with the Bank and he is on the Board of the Geneva Centre for Autism, an Ontario Government funded support agency. Jim has an adult son and grandson with Asperger's. BMO's involvement in the "Raise the Flag" initiative is a continuation of their years of generosity and support to make life better for ASD individuals and their families in Ontario. WAAD is now recognized by the Government of Canada through the efforts of Mike Lake MP (Edmonton) whose teenage son has Autism. All elected officials will want to see the following video...an MP making a real difference. http : / /www.cbc.ca /player /News /TV+ Shows / The +National /ID/2285658037/?page =2 ( Mike and his son in NYC - International news story.) Thank you for your support in this effort and I look forward to seeing you at the AMO conference in August. For information about Autism Ontario please visit: http: / /www.autismontario.cam/ PLEASE RESERVE YOUR TOWN HALL FLAGPOLE FOR "RAISE THE FLAG" ON APRIL 2, 2013. THANK YOU!! Autism Ontario will contact everyone in mid February will full details for this event. (there is no need to follow up with me or to respond to this email at this time). Cheers Kevin Conway KJ Conway Communications Inc. 2 1tgPmatfc'rjat- CITY OF WELLAND ? City Clerk and Legal Services - Office of the City Clerk Corporate Services "n5A 60 East Main Street, Welland, ON L3B 3X4 ifiritatx1.1 Phone: 905- 735 -1700 ext. 2280 Fax: 905- 732 -1919 E -mail: christine.kosmack @welland.ca www.welland.ca February 7, 2013 File No. 08 -143 ALL NIAGARA REGION MUNICIPALITIES (VIA EMAIL) Dear Sir /Madam: RE: February 5, 2013 — WELLAND CITY COUNCIL At its meeting of February 5, 2013, Welland City Council passed the following motion: "THAT THE COUNCIL OF THE CITY OF WELLAND strongly urges the Niagara Hospital System (NHS) to refrain from making any decision with respect to moving Matemal & Child Care Services and In- Patient Paediatrics from the Welland Hospital Site and Greater Niagara General Hospital (GNGH) Site until the New St. Catharines Hospital Site has been in full operation for six (6) months; and further THAT Welland City Council urges Dr. Kevin Smith and the Local Health Integration Network (LHIN) to permit the new NHS Board of Directors, once appointed, to be given an opportunity to review and provide input on the decision to move the aforementioned services from the Welland Hospital Site and GNGH Site to the New St. Catharines Hospital Site; and further THAT Welland City Council requests that the Tripartite Review Committee established by the Ministry of Health & Long Term Care, involving the LHIN, the NHS, and the Region reconvenes as soon as possible in order to complete the review it was tasked to do; and further THAT Welland City Council directs that this motion be forwarded to all Niagara Region municipalities seeking their support for this motion at their very earliest opportunity, and so inform Dr. Smith, the LHIN, Minister Matthews; Premier -elect Kathleen Wynne, and MPP's Tim Hudak and Andrea Horwath of such support." Yours truly, Christine Kosmack -Raby City Clerk CK:ts c.c. - Dr. Kevin Smith, NHS Supervisor, Niagara Health System, c/o St. Joseph's Health Care Hamilton, Room M146, 50 Charlton Avenue East, Hamilton, Ontario L8N 4A6 - Michael Shea, Chair, Hamilton Niagara Haldimand Brant LHIN, 264 Main Street East, Grimsby, Ontario, L3M 1P8 - The Honourable Deb Matthews, Minister of Health & Long Term Care, Hepburn Block, 10=" Floor, 80 Grosvenor Street, Toronto, Ontario M7A 2C4 - Premier -elect Kathleen Wynne Legislative Building, Queen's Park, Toronto, Ontario, M7A 1A1 - Tim Hudak, MPP, Room 381, Main Legislative Building, Queen's Park, Toronto, Ontario, M7A 1A8 - Andrea Horwath, MPP, Room 113, Main Legislative Building, Queen's Park, Toronto, Ontario, M7A 1A5 - Cindy Forster, MPP, Unit 103, 60 King Street, Canal View, Welland, Ontario L3B 6A4 - Councillor Campion, Chair, Health Care Committee Clifton Hill DISTRICT - -- Victoria-Centre BIA Mr. Dean lorfida City Clerk City of Niagara Falls 4310 Queen St. Niagara Falls, Ontario T: F: Top0fCliftonHill.com February 19, 2013 Dear Dean lorfida, As you likely know the Victoria Centre BIA is working diligently with Geoff Holman and his team on Streetscape improvements and revitalization for the VCBIA. The VCBIA area has been in desperate need of revitalization and upgrading for many years now as specific areas located within in the VCBIA such as sidewalks are considered extremely dangerous in some cases and could lead to possible legal actions from pedestrians or visitors that are utilizing them. Now that most other areas of the city have now been revitalized such as Queen Street, Main and Ferry as well as Lundy's Lane it now only highlights the situation as our area now looks more dilapidated than it has before as the bar has been raised significantly in these other less frequented areas of our fair city. Please also consider the fact that our VCBIA is one of the most visited areas within the city of Niagara Falls and unfortunately we now feel the message visitors are taking home of our specific area as well as our city itself is not a positive one in recent years due to the decline in visual appeal and the state of our infrastructure as well as the decline in revenue that our area is experiencing compared to other areas of the city. We have been working very hard recently as a BIA to attract new events and media to our area therefore it is now more important than ever before to revitalize our area ASAP. We are very interested and motivated in moving this project forward as quickly as possible to ensure the viability and success of our stakeholders within our VCBIA. In order to facilitate this project we would like to request the city to include monies in the amount of $60,000 within the proposed budget to at least implement the engineering phase. The Victoria Centre BIA is also willing to make a contribution as well to the advancement of this project to display that we are extremely motivated and dedicated to ensuring that this project continues on. Please consider this a formal request and advise if you require further information. Sincerely, Mr. Eric Marcon VCBIA Chairman F- 2013 -14 Nia ara ails February 26, 2013 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2013 -14 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $23,635,134.26 for the period January 4, 2013 to January 30, 2013. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: Todd Harris•n. Direc r of Finance Ken Todd, Chief Administrative Officer Page 1 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 1049517 ONTARIO INC O/A DOMINION AUTO BODY 1137706 ONTARIO LIMITED 1186566 ONTARIO INC. o/a TIM HORTONS #1351 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 180 MARKETING 180 MARKETING 2030688 ONTARIO LTD 2030688 ONTARIO LTD 2095527 ONTARIO LTD 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 2232560 ONTARIO INC 2243806 ONTARIO INC 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 984265 ONTARIO LTD aka CIRCLE P PAVING A J STONE COMPANY LTD Al ASPHALT MAINTENANCE ABBOTT ABSOLUTE COMMUNICATION & DESIGN ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACKER,MARK ACTION PRINT ACTIVE NETWORK LTD ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIRON HVAC ALDERSHOT TECHNICAL SERVICE ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALISON'S SPORTS & AWARDS ALLAN,WAYNE ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANGLE,BETH APPLIED GEOLOGICS INC ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARIVA ARIVA ARIVA ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ASSOC OF ARCHITECTURAL TECHNOLOGISTS OF ONTARIO THE ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF MUNICIPALITIES OF ONTARIO ATTRACTIONS ONTARIO B & B LIFT TRUCK SERVICE B & C TRUCK CENTRE B & C TRUCK CENTRE BAILY,STEVEN& FOTHERINGHAM, DAVID BARRISTON LLP BARRY BRYAN ASSOCIATES (1991) LTD BARRY BRYAN ASSOCIATES (1991) LTD BATEMAN,SCOTT BATTLEFIELD EQUIPMENT RENTALS BEAMAN,KEN BELL CANADA 360940 09- Jan -2013 361442 30- Jan -2013 361147 16- Jan -2013 361443 30- Jan -2013 360941 09- Jan -2013 361148 16- Jan -2013 360942 09- Jan -2013 361149 16- Jan -2013 361150 16- Jan -2013 361444 30- Jan -2013 361309 23- Jan -2013 360943 09- Jan -2013 361151 16- Jan -2013 361152 16- Jan -2013 360944 09- Jan -2013 361310 23- Jan -2013 360945 09- Jan -2013 361153 16- Jan -2013 361154 16- Jan -2013 360953 09- Jan -2013 361445 30- Jan -2013 360946 09- Jan -2013 361155 16- Jan -2013 360935 04- Jan -2013 361446 30- Jan -2013 360947 09- Jan -2013 361446 30- Jan -2013 360948 09- Jan -2013 360949 09- Jan -2013 361311 23- Jan -2013 361312 23- Jan -2013 361447 30- Jan -2013 360950 09- Jan -2013 361156 16- Jan -2013 361157 16- Jan -2013 361313 23- Jan -2013 361449 30- Jan -2013 360952 09- Jan -2013 361450 30- Jan -2013 361158 16- Jan -2013 361159 16- Jan -2013 361160 16- Jan -2013 361161 16- Jan -2013 361314 23- Jan -2013 361451 30- Jan -2013 361315 23- Jan -2013 361452 30- Jan -2013 361162 16- Jan -2013 361453 30- Jan -2013 360954 09- Jan -2013 361316 23- Jan -2013 361454 30- Jan -2013 361164 16- Jan -2013 361165 16- Jan -2013 361317 23- Jan -2013 361455 30- Jan -2013 361456 30- Jan -2013 360955 09- Jan -2013 360956 09- Jan -2013 360957 09- Jan -2013 361457 30- Jan -2013 361458 30- Jan -2013 360958 09- Jan -2013 361319 23- Jan -2013 360959 09- Jan -2013 361166 16- Jan -2013 361308 23- Jan -2013 361459 30- Jan -2013 361167 16- Jan -2013 361460 30- Jan -2013 361318 23- Jan -2013 361168 16- Jan -2013 360960 09- Jan -2013 VEH ID# 917 NIAGARA ARB APPEALS MATERIALS SERVICES SERVICES MATERIALS MATERIALS SERVICES GRANT LEASES AND RENTS LICENSE AGREEMENT SERVICES SERVICES REFUND GRANT MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS ADVERTISING SURPLUS FUNDS -TAX SALE 7148 G SERVICES MATERIALS SERVICES MATERIALS MATERIALS MAINTENANCE RENEWAL SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS SERVICES MAINTENANCE /REPAIRS MATERIALS CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE SERVICES CONSULTING SERVICES VEH ID# 85 SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MEMBERSHIP SERVICES MEMBERSHIP MEMBERSHIP VEH ID# 203 MATERIALS MATERIALS GRANT MATERIALS SERVICES SERVICES TRAVEL /MILEAGE MATERIALS TRAVEL /MILEAGE SERVICES 305.10 13,397,691.63 73.47 89.83 766.14 2,112.38 1,186.50 922.84 4,297.71 3,502.86 1,130.00 447.48 447.48 16.00 39,857.19 3,298.47 4,795.72 1,205.71 15,1 16.85 7,036.13 26,981.91 365.56 248.60 18,921.53 118.65 452.00 488.73 150.00 752.13 13,894.25 497.20 395.50 197.75 197.75 79.71 33.36 437.08 1,609.56 1,966.20 383.82 409,418.83 10, 316.58 12, 362.20 13.00 35.93 145.19 2,800.80 2,336.50 2,486.75 122.72 4,393.44 3,957.45 1,191.31 76.48 738.21 374.82 33.90 67.80 190.00 3,040.04 12,761.92 141.25 2,224.33 1,688.49 390.40 5,000.00 1,800.00 1,327.99 2,025.76 45.00 23.19 122.70 71.90 Page 2 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BELLAMY,DAN BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BENNETT,TIM BERNAT,CLARK BERNAT,CLARK BERTIE PRINTERS LIMITED BIBBY FINANCIAL SERVICES (CANADA) INC. BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIGGARS KEY SHOP BLACK & MCDONALD LTD BLACK,CHRIS BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOBCAT OF HAMILTON LTD BOLTON,ELAINE BORDEN LADNER GERVAIS BOYS & GIRLS CLUB OF NIAGARA BREAK A WAY CONCESSIONS BRIAN SINCLAIR IN TRUST BRIAN SINCLAIR IN TRUST BRIAN SINCLAIR IN TRUST BRIAN SINCLAIR IN TRUST BRINKS CANADA LTD BRINKS CANADA LTD BRINKS CANADA LTD BROCK FORD LINCOLN BROCK FORD LINCOLN BROCK FORD LINCOLN BROCK FORD LINCOLN BROCK FORD LINCOLN BRUNNING,TODD BRUNNING,TODD BRUNNING,TODD BUDGET ENVIRONMENTAL DISPOSAL INC BUDGET ENVIRONMENTAL DISPOSAL INC CAD NORTH INC. CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CALIFORNIA,CANDACE CANADIAN ASSOCIATION OF MUNICIPAL ADMINISTRATORS ATTf CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANADIAN SOCIETY OF LANDSCAPE ARCHITECTS CANADIAN URBAN TRANSIT ASSOC CANAVAN,WENDY CANCORE INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARQUEST CARQUEST Cheque No. Cheque Date 361169 16- Jan -2013 361170 16- Jan -2013 360961 09- Jan -2013 361320 23- Jan -2013 360962 09- Jan -2013 361171 16- Jan -2013 360963 09- Jan -2013 361172 16- Jan -2013 361173 16- Jan -2013 361174 16- Jan -2013 361463 30- Jan -2013 360964 09- Jan -2013 361175 16- Jan -2013 360965 09- Jan -2013 361464 30- Jan -2013 360966 09- Jan -2013 360967 09- Jan -2013 361321 23- Jan -2013 361465 30- Jan -2013 361176 16- Jan -2013 360968 09- Jan -2013 361323 23- Jan -2013 361466 30- Jan -2013 361467 30- Jan -2013 360938 07- Jan -2013 360939 07- Jan -2013 360970 09- Jan -2013 360937 07- Jan -2013 360971 09- Jan -2013 361324 23- Jan -2013 361468 30- Jan -2013 361325 23- Jan -2013 361469 30- Jan -2013 360972 09- Jan -2013 361177 16- Jan -2013 361469 30- Jan -2013 360973 09- Jan -2013 361326 23- Jan -2013 361471 30- Jan -2013 360974 09- Jan -2013 361472 30- Jan -2013 361178 16- Jan -2013 360975 09- Jan -2013 361179 16- Jan -2013 361302 17- Jan -2013 361473 30- Jan -2013 361180 16- Jan -2013 361474 30- Jan -2013 361328 23- Jan -2013 361475 30- Jan -2013 360978 09- Jan -2013 361181 16- Jan -2013 361329 23- Jan -2013 361330 23- Jan -2013 361183 16- Jan -2013 361477 30- Jan -2013 361478 30- Jan -2013 360980 09- Jan -2013 361184 16- Jan -2013 361303 17- Jan -2013 360981 09- Jan -2013 360976 09- Jan -2013 360977 09- Jan -2013 360979 09- Jan -2013 361182 16- Jan -2013 361331 23- Jan -2013 361476 30- Jan -2013 360979 09- Jan -2013 361182 16- Jan -2013 361476 30- Jan -2013 361479 30- Jan -2013 361185 16- Jan -2013 361480 30- Jan -2013 360982 09- Jan -2013 Purpose SERVICES SERVICES SERVICES TRAVEL /MILEAGE VEH ID# 282 MATERIALS PETTY CASH TRAVEL /MILEAGE MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MAINTENANCE /REPAIRS CONTRACT SERVICES MATERIALS MATERIALS SERVICES SERVICES MATERIALS REIMBURSEMENT SERVICES SERVICES MATERIALS DEPOSIT 179 MCLEOD RD PURCHASE & SALE PART OF 6082 K FEES AND DISBURSEMENTS 6082 K SERVICES MATERIALS MATERIALS SERVICES VEH ID# 155 MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE TRAVEL /MILEAGE TRAVEL /MILEAGE SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MEMBERSHIP MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADVERTISING TRAVEL /MILEAGE MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS Amount 13.10 558.25 56.50 88.24 2,847.81 252.96 200.00 91.52 1,107.40 2,062.25 2,864.55 235.72 3,302.45 93.43 1,245.87 147.45 15,043.13 1,017.00 1,017.00 85,777.23 79.95 6,528.30 16,066.67 144.08 1,000.00 36,000.00 1,083.11 1,895.96 107.51 471.66 1,796.69 4,377.90 3,648.53 359.17 92.26 28,125.70 70.00 45.00 102.94 11,292.66 13,729.50 5,085.00 3,782.11 4,042.58 42,881 .75 150.00 678.00 968.98 319.58 352.18 871.76 909.58 3,774.87 1,105.91 2,418.20 5,251.11 5,070.71 15, 070.35 15,404.39 333.35 339.00 83.44 3,371.81 4.31 4.31 16.34 12.27 10.23 11.16 13.74 1,446.74 198.83 9.74 130.10 Page 3 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CARR MCLEAN CARR MCLEAN CARSWELL CARSWELL CARTER,PAUL CASTLE MECHANICAL CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTURY VALLEN CERIDIAN CANADA LTD CH2M HILL CANADA LTD CH2M HILL CANADA LTD CHAMBERS,GARY CHAMBERS,GARY CHAMBERS,GARY CHAMBERS,GARY CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHRIS CRISTELLI & ASSOCIATES INC CIMCO REFRIGERATION CIMCO REFRIGERATION CIT FINANCIAL LTD CITY OF PORT COLBORNE CITY VIEW BUS & TRUCK REPAIR & SALES LTD CLEVER DEVICES LTD CLEVER DEVICES LTD CLIFTON HILL BIA CODE 4 FIRE & RESCUE INC CODE 4 FIRE & RESCUE INC CODE 4 FIRE & RESCUE INC COFFEY GEOTECHNICS INC COFFEY GEOTECHNICS INC COGECO CABLE CANADA LP COLLEE,DOUGLAS COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPUGEN INC CONIDI,SARAH CONTINENTAL TIRE CANADA INC CONTINENTAL TIRE CANADA INC CORFIELD ELECTRIC LTD CORPORATION OF THE CITY OF WELLAND CORPORATION OF THE TOWN OF FORT ERIE COTTON INC COTTON INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRE -8 -IT SIGNS CREATIVE CAULKING LTD CREDIT BUREAU SERVICES CANADA CULTURAL ASSET MANAGEMENT GROUP CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 DARCH FIRE DARCH FIRE DAVID YOUNGSON & ASSOC. LTD DAVIDSON ENVIRONMENTAL DAY TIMERS OF CANADA LTD DAY TIMERS OF CANADA LTD DAYTECH LIMITED DE LAGE LANDEN FINANCIAL SERVICES CAN INC DELCAN CORPORATION DESIGN ELECTRONICS DETENBECK,TOM DICAN DIGITAL INSTRUMENTS CANADA INC DIODATI,JIM DIVAL SAFETY & SUPPLIES OF CANADA DOBBIES FLORIST LTD DON'S PORTABLE TOILETS DRAFTING CLINIC CANADA LTD Cheque No. 361482 361332 361333 360983 360984 360985 360936 360986 361186 361334 361483 361187 361335 361187 361484 361336 360987 361337 361485 361188 361338 361339 361340 360988 360989 361486 361341 360990 361189 361190 361487 360991 360992 361342 361488 360993 361191 361342 361192 361489 361343 361490 361193 361491 361492 361493 360994 360995 361345 361495 360996 361346 361194 360997 361496 361195 361497 360998 361196 361347 361197 361498 361000 360999 361141 361001 361002 361348 361003 361499 361349 361500 361501 361502 Cheque Date 30- Jan -2013 23- Jan -2013 23- Jan -2013 09- Jan -2013 09- Jan -2013 09- Jan -2013 04- Jan -2013 09- Jan -2013 16- Jan -2013 23- Jan -2013 30- Jan -2013 16- Jan -2013 23- Jan -2013 16- Jan -2013 30- Jan -2013 23- Jan -2013 09- Jan -2013 23- Jan -2013 30- Jan -2013 16- Jan -2013 23- Jan -2013 23- Jan -2013 23- Jan -2013 09- Jan -2013 09- Jan -2013 30- Jan -2013 23- Jan -2013 09- Jan -2013 16- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 23- Jan -2013 16- Jan -2013 30- Jan -2013 23- Jan -2013 30- Jan -2013 16- Jan -2013 30- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 23- Jan -2013 16- Jan -2013 09- Jan -2013 30- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 23- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 10- Jan -2013 09- Jan -2013 09- Jan -2013 23- Jan -2013 09- Jan -2013 30- Jan -2013 23- Jan -2013 30- Jan -2013 30- Jan -2013 30- Jan -2013 Purpose MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS CONTRACT SERVICES VEH ID# 535 CONTRACT SERVICES SERVICES SERVICES TRAVEL /MILEAGE HONORARIAM MATERIALS HONORARIUM MATERIALS MATERIALS SERVICES MATERIALS MATERIALS LEASES AND RENTS MAYOR'S CUP CHARITY HOCKEY T( MATERIALS CONTRACT SERVICES MATERIALS 2012 4th INSTALLMENT VEH ID# 105 VEH ID #536 MATERIALS SERVICES SERVICES MATERIALS TRAINING CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE VEH ID# 571 VEH ID# 1 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES SERVICES MATERIALS TRAVEL /MILEAGE MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS MAINTENANCE /REPAIRS CONTRACT SERVICES Amount 569.46 (264.14) 129.18 316.50 135.59 573.95 45,963.94 158.20 1,704.04 13,352.03 5,503.90 275.00 600.00 600.00 350.00 1,001.92 1,634.78 1,299.50 7,999.71 573.37 1,796.70 650.00 306.30 245,980.67 57.63 2,500.00 689.30 59.89 2,373.00 8,151.55 4,729.06 2,377.01 192.64 3,896.26 19,568.28 1,471.06 17,708.41 1,703.14 104,601.84 102.95 9,802.62 17,006.41 666.70 126.78 4,223.15 203.10 2,460.11 4,309.00 242.00 1,034.00 576.30 1,401.20 407.21 695.66 474.44 7,801.01 7,859.83 69.50 69.50 941.67 158.20 53.88 62.10 7,672.70 2,895.06 1,401.87 441.21 45.00 508.50 1,155.00 1,346.96 506.24 185.32 350.62 Page 4 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DROLLIS SAFETY SUPPLY CO LTD EASTGATE TRUCK CENTRE ECONOMIC DEVELOPERS COUNCIL OF ONTARIO ELECTRICAL SAFETY AUTHORITY ELLIS ENGINEERING INC EMCO CORPORATION ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA EVANS UTILITY SUPPLY LTD EVANS,D EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD EVOLUTION TRUCK & TRAILER SERVICE EXPRESSIONS WITH FLOWERS/2111972 ONTARIO INC F1 COMPUTER TRAINING INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLSVIEW BIA FASTENAL CANADA LTD FASTENAL CANADA LTD FERRY,LENNY FIRE MARSHALS PUBLIC FIRE SAFETY COUNCIL FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE SAFETY CANADA FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLORIO,MIRELLA FORLIN,KATHY FRANK COWAN COMPANY LIMITED FREE GAS CO. LTD FRONT RANGE SOLUTIONS GALES GAS BARS GALT MACHINE KNIFE & SAW GEORGIAN COLLEGE GERRIE ELECTRIC WHOLESALE LTD GLOBALSTAR CANADA SATELLITE CO GOFORTH,HANYA GOLIA FLOORING GOODLIFE FITNESS - CORPORATE WELLNESS GORDON BANNERMAN LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT NORTHERN BATTERY SYSTEMS GREATER NIAGARA BASEBALL ASSOCIATION GREENFIELD GROUP LTD GRIMSBY MUSEUM GRIMSBY PIPE BAND GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC NALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HALLEX ENGINEERING LTD HALLEX ENGINEERING LTD HAMILL MACHINE COMPANY INC HARRISON,TODD HEIDEBRECHT,ANDREA Cheque No. Cheque Date 361004 09- Jan -2013 361199 16- Jan -2013 361350 23- Jan -2013 361503 30- Jan -2013 361201 16- Jan -2013 361005 09- Jan -2013 361202 16- Jan -2013 361506 30- Jan -2013 361507 30- Jan -2013 361006 09- Jan -2013 361202 16- Jan -2013 361505 30- Jan -2013 361351 23- Jan -2013 361007 09- Jan -2013 361352 23- Jan -2013 361508 30- Jan -2013 361509 30- Jan -2013 361510 30- Jan -2013 361511 30- Jan -2013 361008 09- Jan -2013 361353 23- Jan -2013 361009 09- Jan -2013 361203 16- Jan -2013 361353 23- Jan -2013 361512 30- Jan -2013 361513 30- Jan -2013 361010 09- Jan -2013 361204 16- Jan -2013 361514 30- Jan -2013 361355 23- Jan -2013 361205 16- Jan -2013 361206 16- Jan -2013 361356 23- Jan -2013 361515 30- Jan -2013 361013 09- Jan -2013 361207 16- Jan -2013 361208 16- Jan -2013 361014 09- Jan -2013 361517 30- Jan -2013 361015 09- Jan -2013 US DRAFT 14- Jan -2013 361209 16- Jan -2013 361357 23- Jan -2013 361016 09- Jan -2013 361519 30- Jan -2013 361017 09- Jan -2013 361211 16- Jan -2013 361520 30- Jan -2013 361212 16- Jan -2013 361018 09- Jan -2013 361213 16- Jan -2013 361358 23- Jan -2013 361521 30- Jan -2013 361019 09- Jan -2013 361213 16- Jan -2013 361359 23- Jan -2013 361522 30- Jan -2013 361020 09- Jan -2013 361387 23- Jan -2013 361523 30- Jan -2013 361214 16- Jan -2013 361360 23- Jan -2013 361524 30- Jan -2013 361525 30- Jan -2013 361021 09- Jan -2013 361526 30- Jan -2013 361022 09- Jan -2013 361215 16- Jan -2013 361361 23- Jan -2013 361023 09- Jan -2013 361216 16- Jan -2013 361362 23- Jan -2013 361527 30- Jan -2013 361217 16- Jan -2013 Purpose MATERIALS VEH ID# 81 MEMBERSHIP SERVICES SERVICES MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES CONSULTING SERVICES MATERIALS TRAVEL /MILEAGE SERVICES MATERIALS VEH ID# 536 MATERIALS TRAINING MATERIALS SERVICES SERVICES MAINTENANCE /REPAIRS REMITTANCE MATERIALS MATERIALS TRAVEL /MILEAGE MEMBERSHIP RENEWAL SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE REMITTANCE FUEL MAINTENANCE SUPPORT VEH ID# 625 SERVICES REGISTRATION MATERIALS SERVICES PETTY CASH MATERIALS MEMBERSHIP MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS GRANT DEPOSIT FOR CANADA DAY PARAD MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS CONTRACT SERVICES SERVICES SERVICES MATERIALS SERVICES PETTY CASH Amount 19.66 909.77 847.50 1,939.08 20,971.05 909.65 3,985.30 16,396.97 182.88 16, 743.45 5,859.86 10,649.81 655.40 6,015.61 45.00 124.30 5,834.51 1,397.77 497.76 7,458.00 1,851.23 786.56 10,373.49 248.60 380,335.33 345.00 652.42 44.72 100.00 1,031.10 170.23 41.91 33.34 2,192.08 2,382.96 81.31 2,514.63 74.36 55,878.26 294.37 4,445.52 103.50 384.20 302.50 9,024.52 139.89 252.80 1,525.50 263.66 37.86 3,553.49 1,908.09 185.81 249.07 2,563.93 1,046.02 32.59 95,824.00 3,070.97 600.00 7,099.43 16,660.50 3,210.00 1,554.33 4,383.85 10, 952.75 1,741.10 621.50 4,333.55 4,614.42 17,856.28 271.20 475.09 126.75 Page 5 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HEYKOOP,RUTH HICKS MORLEY HAMILTON STEWART STORIE LLP HILL BOLES LTD HILL BOLES LTD HOLMAN,GEOFF HOSPITAL ACTIVITY BOOK FOR CHILDREN THE HUNTER,JIM IBI GROUP INDEPENDENT SUPPLY COMPANY INDUSTRY CANADA INGLIS,JEREMY INTERFLEET INC J & B PROCESS SERVING INC J D FACTORS CORPORATION JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACKET CELLAR THE JACKET CELLAR THE JACKSON,DAVE JADON INC JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOHN O'KANE JR B CANUCKS JR B CANUCKS JR B CANUCKS KEALEY & ASSOCIATES INC. KERRY T HOWE ENGINEERING LTD KRAWCZYK CONSTRUCTION MAINTENANCE KROWN RUST CONTROL LAFARGE CANADA INC LAFARGE CANADA INC LAKE'S MAINTENANCE LAKE'S MAINTENANCE LEA,TIM LIGHTNING EQUIPMENT SALES INC LINCOLN APPLIANCE SERVICE CENTRE INC LINCOLN APPLIANCE SERVICE CENTRE INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LISA'S TROPHY SHOP LUEY,TIM LUNDY'S LANE BIA M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MAIN & FERRY BIA MANITOULIN TRANSPORT INC MANOR CLEANERS MANPOWER MANPOWER MARI -LYNNE EASTLAND MARR,TYLER MARSILI,MIKE MARTIN SHEPPARD FRASER LLP IN TRUST MARTIN SHEPPARD FRASER LLP IN TRUST MATCHETT,ALLAN MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MCDONALD,ROB MCGEE MARKING DEVICES METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE /MINISTRY OF TRANSPORTATION MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL Cheque No. 361218 361024 361528 361025 361026 361363 361364 361365 361366 361530 361532 361367 361221 361031 361369 361533 361534 361028 361029 361220 361030 361222 361032 361223 361535 361033 361536 361224 361537 361034 361225 361538 361538 361370 361036 361372 361540 361373 361227 361541 361037 361542 361552 361043 361236 361042 361379 361042 361544 361374 361304 361038 361305 361200 361230 361545 361142 361146 361039 361546 361231 361547 361376 361377 361548 361041 361233 361377 361378 361234 361549 361551 361235 361550 Cheque Date 16- Jan -2013 09- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 23- Jan -2013 23- Jan -2013 23- Jan -2013 23- Jan -2013 30- Jan -2013 30- Jan -2013 23- Jan -2013 16- Jan -2013 09- Jan -2013 23- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 16- Jan -2013 09- Jan -2013 16- Jan -2013 09- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 30- Jan -2013 30- Jan -2013 23- Jan -2013 09- Jan -2013 23- Jan -2013 30- Jan -2013 23- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 09- Jan -2013 23- Jan -2013 09- Jan -2013 30- Jan -2013 23- Jan -2013 18- Jan -2013 09- Jan -2013 18- Jan -2013 16- Jan -2013 16- Jan -2013 30- Jan -2013 10- Jan -2013 11- Jan -2013 09- Jan -2013 30- Jan -2013 16- Jan -2013 30- Jan -2013 23- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 23- Jan -2013 23- Jan -2013 16- Jan -2013 30- Jan -2013 30- Jan -2013 16- Jan -2013 30- Jan -2013 Purpose MATERIALS SERVICES MATERIALS MATERIALS TRAVEL /MILEAGE MATERIALS TRAVEL /MILEAGE CONSULTING SERVICES MATERIALS LEASES AND RENTS MATERIALS SERVICES SERVICES SERVICES VEH ID# 220 MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE GRANT SERVICES SERVICES TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING SERVICES MATERIALS MATERIALS VEH ID# -326 MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES TRAVEL /MILEAGE VEH ID# -559 MATERIALS MATERIALS FUEL FUEL MATERIALS TRAINING LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REMITTANCE MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS REFUND CONTRACT SERVICES MATERIALS TRAINING SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE Amount 30.00 2,958.11 264.84 363.85 161.20 247.47 45.00 20,912.06 54.08 888.00 129.99 4,006.95 39.55 584.89 315.27 2,918.79 54.24 761.62 138.32 20,500.00 344.65 12,351.29 3,372.00 3,158.00 2,626.00 12,414.14 10,068.30 6,949.50 282.38 4,008.68 12,952.88 10,639.52 239.57 45.00 12,745.27 257.64 33.90 17,591.32 33,274.51 2,993.37 200.00 56, 375.67 1,198.74 5,113.93 3,438.49 138.99 906.33 863.17 12,898.81 213.63 36.38 681.97 511.48 254.25 342.75 150.00 991.74 29, 300.00 191.18 12,238.04 7,345.00 344.34 1,097.09 325.53 3,502.82 7,259.06 600.11 2,527.58 1,959.96 381.17 274.00 307.74 1,082.32 1,082.32 Page 6 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MOASE,SUZANNE MOASE,SUZANNE MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODU -LOC FENCE RENTALS MONA/MUSEUMS OF NIAGARA ASSOCIATION MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MOON,BILL MOORE CANADA MOORE,SERENA MOROCCO,JOHN MOROCCO,JOYCE MORRISON HERSHFIELD MR QUICK SOFT CLOTH MR. JOHN LANE O.A.P.S.O. TREASURER MTE PARALEGAL PROFESSIONAL CORPORATION MULLER PROPERTIES INC MULLER'S WORKWEAR MUNICIPAL EMPLOYER PENSION CENTRE OF ONTARIO MUNICIPAL EQUIPMENT MUNICIPAL LAW ENFORCEMENT OFFICERS ASSOCIATION MUNICIPAL WSIB USERS GROUP MURPHY,DAN MUSSARI,TOM N.S.M FABRICATING LIMITED NAPPO,KATHERINE JANE NATIONAL LEASING NEDCO NEDERMAN CANADA LIMITED NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA ANALYTICAL LABORATORIES INC NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA COLLEGE BROADCASTING RADIO TELEVISION & NIAGARA COUNSELLING SERVICES NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA DRIVETRAIN CENTRE NIAGARA ENGINEERING WEEK NIAGARA FALLS ART GALLERY NIAGARA FALLS HORTICULTURAL SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS TOURISM NIAGARA HISTORICAL SOCIETY & MUSEUM NIAGARA HISTORICAL SOCIETY & MUSEUM NIAGARA INDUSTRIAL ASSOCIATION NIAGARA MEMORIAL MILITAIRES NIAGARA MOTORS LTD NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGION NIAGARA REGION Cheque No. 361237 361237 361380 361553 361044 361380 361553 361045 361543 361046 361238 361239 361554 361242 361240 361241 361381 361382 361226 361243 361384 361383 361386 361048 361555 361385 361244 361245 361580 361246 361388 361389 361049 361247 361050 361248 361556 361051 361249 361250 FILM 361390 361557 361391 361052 361392 361393 361558 361559 361054 361560 361053 361251 361561 361562 361563 361252 361565 361055 361564 361056 361566 361396 361568 361058 361059 361253 361397 361569 361570 361057 361306 361398 WIRE WIRE Cheque Date 16- Jan -2013 16- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 16- Jan -2013 30- Jan -2013 16- Jan -2013 16- Jan -2013 16- Jan -2013 23- Jan -2013 23- Jan -2013 16- Jan -2013 16- Jan -2013 23- Jan -2013 23- Jan -2013 23- Jan -2013 09- Jan -2013 30- Jan -2013 23- Jan -2013 16- Jan -2013 16- Jan -2013 30- Jan -2013 16- Jan -2013 23- Jan -2013 23- Jan -2013 09- Jan -2013 16- Jan -2013 09- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 16- Jan -2013 23- Jan -2013 30- Jan -2013 23- Jan -2013 09- Jan -2013 23- Jan -2013 23- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 30- Jan -2013 30- Jan -2013 30- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 16- Jan -2013 23- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 18- Jan -2013 23- Jan -2013 03- Jan -2013 03- Jan -2013 Purpose MATERIALS TRAVEL /MILEAGE CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MEMBERSHIP MATERIALS CONTRACT SERVICES REFUND MATERIALS REFUND TRAVEL /MILEAGE TRAVEL /MILEAGE SERVICES CONTRACT SERVICES TRAINING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MEMBERSHIP MEMBERSHIP REFUND REFUND MATERIALS REFUND LEASES AND RENTS MATERIALS MATERIALS CONTRACT SERVICES - 2012- 212 -08 MATERIALS MATERIALS CONTRACT SERVICES VEH ID#-68 MATERIALS CONTRACT SERVICES MATERIALS SERVICES MATERIALS MATERIALS CONTRACT SERVICES VEH ID#-83 TRAINING GRANT MATERIALS GRANT REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT MATERIALS MATERIALS MEMBERSHIP MATERIALS MATERIALS SERVICES UTILITIES CONTRACT SERVICES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERVICES UTILITIES UTILITIES NOV WATER NOV SIGNAL BILLING Amount 85.65 35.36 683.40 557.12 2,407.19 2,233.57 1,510.89 3,683.80 60.00 31,719.10 5,588.98 139.26 177.39 225.00 104.00 169.52 2,847.60 192.10 680.00 1,256.00 861.31 193.17 3,630.69 8,648.12 439.00 85.00 282.50 599.00 135.60 25.00 1,924.94 47.51 402.45 75,188.79 576.30 638.45 2,983.46 1,926.81 2,182.31 1,046.67 600.00 1,200.00 94.92 67.80 23,647.00 70.49 400.00 2,250.00 648.00 39,795.17 240.00 6,946.65 6,946.65 8,018.30 30,000.00 423.36 852.39 282.50 600.00 48,759.50 657.30 124.86 1,598.33 16,127.37 479.49 30,588.12 9,220.24 19, 710.03 5,284.21 2,150.73 5,239.72 284,046.57 1,839,564.19 28,606.41 Page 7 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA REGION NIAGARA REGION NIAGARA REGION NIAGARA REGION NIAGARA REGION NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL POLICE SERVICE ATTN.: FINANCE UNIT - AL NIAGARA REGIONAL POLICE SERVICE ATTN.: FINANCE UNIT - AL NIAGARA REGIONAL TOWING NIAGARA ROADS SUPERVISORS ASSOCIATION NIAGARA RUBBER SUPPLY INC NIAGARA SAW SALES AND SERVICE NIAGARA SAW SALES AND SERVICE NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA WATER CONDITIONING LTD NIAGARA WATER CONDITIONING LTD NIAGARA'S OWN LANDSCAPING INC NICK'S TRUCK PARTS INC. NOBLE TRADE 4361814 CANADA INC NORJOHN CONTRACTING & PAVING LTD NORJOHN CONTRACTING & PAVING LTD NORTRAX NRFCA NRTOA TREASURER NRTOA TREASURER O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING OLIVER,STEPHEN OMERS OMNI LIFE SAFETY ONTARIO AGRA PIPING & SUPPLIES INC ONTARIO ASSOCIATION OF FIRE CHIEFS ONTARIO BUILDING OFFICIALS ASSOCIATION ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ONTARIO MUNICIPAL FIRE PREVENTION OFFICERS' ASSOCIATIC ONTARIO PLUMBING INSPECTORS ASSOCIATION INC P &C COMPOSTECH INC PAGENET OF CANADA INC PAGENET OF CANADA INC PARLATORE,DOMENIC PASCO,JOHN PATRICK,GREG PEARSON DUNN INSURANCE PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PENINSULA CONSTRUCTION INC. PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PENNER BUILDING CENTRE PERFORMANCE CONCEPTS CONSULTING PITNEY BOWES GLOBAL CREDIT SERVICES PITNEY WORKS PK HUMMINGBIRD STEEL BAND PORTER,GAIL PRAXAIR PRAXAIR PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PROFIRE EMERGENCY EQUIPMENT PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PULLANO,MIKE PURE WATER Cheque No. Cheque Date WIRE 10- Jan -2013 WIRE 11- Jan -2013 WIRE 17- Jan -2013 WIRE 17- Jan -2013 WIRE 25- Jan -2013 361573 30- Jan -2013 361399 23- Jan -2013 361595 30- Jan -2013 361083 09- Jan -2013 361596 30- Jan -2013 361255 16- Jan -2013 361571 30- Jan -2013 361574 30- Jan -2013 361256 16- Jan -2013 361401 23- Jan -2013 361060 09- Jan -2013 361575 30- Jan -2013 361576 30- Jan -2013 361257 16- Jan -2013 361402 23- Jan -2013 361577 30- Jan -2013 361258 16- Jan -2013 361567 30- Jan -2013 361403 23- Jan -2013 361578 30- Jan -2013 361259 16- Jan -2013 361260 16- Jan -2013 361061 09- Jan -2013 361572 30- Jan -2013 361579 30- Jan -2013 361062 09- Jan -2013 361063 09- Jan -2013 361262 16- Jan -2013 361581 30- Jan -2013 361404 23- Jan -2013 361064 09- Jan -2013 360951 09- Jan -2013 361582 30- Jan -2013 361583 30- Jan -2013 361066 09- Jan -2013 361584 30- Jan -2013 361065 09- Jan -2013 361070 09- Jan -2013 361263 16- Jan -2013 361067 09- Jan -2013 361068 09- Jan -2013 361264 16- Jan -2013 361069 09- Jan -2013 361265 16- Jan -2013 361071 09- Jan -2013 361266 16- Jan -2013 361072 09- Jan -2013 361073 09- Jan -2013 361405 23- Jan -2013 361585 30- Jan -2013 361268 16- Jan -2013 361406 23- Jan -2013 361074 09- Jan -2013 361267 16- Jan -2013 361075 09- Jan -2013 361407 23- Jan -2013 361586 30- Jan -2013 361587 30- Jan -2013 361076 09- Jan -2013 361077 09- Jan -2013 361269 16- Jan -2013 361588 30- Jan -2013 361270 16- Jan -2013 361588 30- Jan -2013 361078 09- Jan -2013 361589 30- Jan -2013 361271 16- Jan -2013 361590 30- Jan -2013 361079 09- Jan -2013 Purpose DEBENTURE 72 -2007 DEBT 57 -2006 & 60 -2006 SIGNAL BILLINGS 4TH QUARTER DEVEL CHGS DEBENTURE 89 -2004 CONTRACT SERVICES SERVICES MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MEMBERSHIP MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES VEH ID#-86 ADVERTISING MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES VEH ID# -483 MEMBERSHIP MEMBERSHIP TRAINING CONTRACT SERVICES CONTRACT SERVICES REFUND PAYROLL REMITTANCE MATERIALS MATERIALS MEMBERSHIP TRAINING LEASES AND RENTS MEMBERSHIP MEMBERSHIP MATERIALS CONTRACT SERVICES MATERIALS REFUND REFUND REFUND REMITTANCE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES VEH ID#-82 CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS ADVERTISING VEH ID# -532 GRANT CONTRACT SERVICES TRAINING MATERIALS Amount 39,792.74 615,716.39 63,849.79 1,406,259.10 24,210.31 4,172.00 4,600.59 1,100.00 6,106.50 12,212.15 50.00 100.00 203.40 540.00 34.96 158.15 322.00 2,481.57 2,481.57 678.00 135.60 766.42 20, 340.00 1,484.34 7124 132,300.52 71,832.52 163.01 100.00 100.00 310.00 34,114.15 13,130.80 105.64 1,921.86 61.87 24.32 125.00 395.50 9,017.40 150.00 60.00 175.15 17.15 17.15 146.71 150.00 150.00 8,254.90 1,190.26 687.04 904.00 226.00 166.11 152.55 203.40 1,366.17 113.72 1,393.91 3,260.00 211.10 22,600.00 300.00 42.64 337.87 838.20 73.45 122.04 22.04 2,481.72 24,866.67 284,164.85 362.72 245.00 Page 8 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PUROLATOR COURIER PUROLATOR COURIER QUESNELLE,STEPHEN R & W HOIST REPAIRS LTD R CLEGG & ASSOCIATES LTD R J MCCARTHY LTD R J MCCARTHY LTD R J MCCARTHY LTD R J SMITH EQUIPMENT INC R.E.P. CO. RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY REALTAX INC REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RENEGADE ARTS CANMORE LTD RICCI,JOHN RICHARDSON,MARK RIVER REALTY DEVELOPMENT INC ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC RONALD C. ELLENS APPRAISALS INC RONALD C. ELLENS APPRAISALS INC ROYAL BANK ROYAL ONTARIO MUSEUM RUDY SAURO SACCO,DOLORES SACCO,DOLORES SAFETY KLEEN CANADA INC SANTIAGO,JON SCHOLASTIC CANADA LTD SCOTT CONSTRUCTION NIAGARA INC SCOTT CONSTRUCTION NIAGARA INC SEAWAY FLUID POWER GROUP SEMACH,NANCY SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SHAI GIL PHOTOGRAPHY SHARP,MIKE SHRED IT INTERNATIONAL INC SIGNATURE SIGNS SIRIGNANO CONTRACTING SIX PAYMENT SERVICES (USA) CORP SNAP NIAGARA FALLS SOCAN SOCAN SORENSEN GRAVELY LOWES PLANNING ASSOCIATES INC. SPEEDPRO IMAGING OF HAMILTON ST CATHARINES FREIGHTLINER TRUCK & TRACTOR ST JOHN AMBULANCE STANCO SIGNS AND PROMOTIONS STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STEWART,VINCENT STITCH IT CANADA'S TAILOR STORAGE NIAGARA STORAGE NIAGARA STORAGE NIAGARA STRANGES,LOU STREAMLINE UPHOLSTERY INC STREAMLINE UPHOLSTERY INC STUART,DAVE SULLIVAN MAHONEY LLP SULLIVAN MAHONEY LLP SUN LIFE ASSURANCE COMPANY OF CANADA SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP Cheque No. Cheque Date 361591 30- Jan -2013 361408 23- Jan -2013 361272 16- Jan -2013 361091 09- Jan -2013 361410 23- Jan -2013 361040 09- Jan -2013 361232 16- Jan -2013 361375 23- Jan -2013 361087 09- Jan -2013 361085 09- Jan -2013 361409 23- Jan -2013 361592 30- Jan -2013 361080 09- Jan -2013 361081 09- Jan -2013 361593 30- Jan -2013 361082 09- Jan -2013 361411 23- Jan -2013 361273 16- Jan -2013 361594 30- Jan -2013 361084 09- Jan -2013 361086 09- Jan -2013 361412 23- Jan -2013 361597 30- Jan -2013 361413 23- Jan -2013 361598 30- Jan -2013 361088 09- Jan -2013 361599 30- Jan -2013 361089 09- Jan -2013 361301 17- Jan -2013 361090 09- Jan -2013 361274 16- Jan -2013 361092 09- Jan -2013 361414 23- Jan -2013 361094 09- Jan -2013 361415 23- Jan -2013 361095 09- Jan -2013 361096 09- Jan -2013 361275 16- Jan -2013 361600 30- Jan -2013 361097 09- Jan -2013 361416 23- Jan -2013 361601 30- Jan -2013 361098 09- Jan -2013 361602 30- Jan -2013 361417 23- Jan -2013 361603 30- Jan -2013 361099 09- Jan -2013 361276 16- Jan -2013 361604 30- Jan -2013 361277 16- Jan -2013 361418 23- Jan -2013 361279 16- Jan -2013 361100 09- Jan -2013 361101 09- Jan -2013 361607 30- Jan -2013 361420 23- Jan -2013 361102 09- Jan -2013 361280 16- Jan -2013 361103 09- Jan -2013 361104 09- Jan -2013 361421 23- Jan -2013 361608 30- Jan -2013 361281 16- Jan -2013 361282 16- Jan -2013 361609 30- Jan -2013 361105 09- Jan -2013 361422 23- Jan -2013 361106 09- Jan -2013 361423 23- Jan -2013 WIRE 08- Jan -2013 361285 16- Jan -2013 361610 30- Jan -2013 361107 09- Jan -2013 361283 16- Jan -2013 Purpose MATERIALS MATERIALS MATERIALS VEH ID# -112 & 483 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE /REPAIRS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS REMITTANCE REMITTANCE SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS TRAVEL /MILEAGE PETTY CASH STORES /INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES ADVERTISING REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS ADVERTISING MATERIALS CONTRACT SERVICES SERVICES MATERIALS VEH ID# -685 GRANT MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS CONTRACT SERVICES MATERIALS TRAVEL /MILEAGE MATERIALS VEH ID# -563 PETTY CASH CONTRACT SERVICES SERVICES JAN PREMIUMS REMITTANCE FUEL FUEL FUEL Amount 62.39 465.55 1,000.00 2,227.60 9,054.13 1,195.13 839.50 76.24 3,625.38 357.75 128.82 51.19 569.41 12,034.07 1,343.26 923.21 2,627.25 530,045.29 482,195.65 91.25 146.86 150.00 954.43 1,512.34 1,412.09 1,108.09 1,563.80 6,102.70 3,800.41 6,003.13 472.00 121.16 297.93 300.28 400.00 176.40 1,319.84 33,600.76 2,503.38 146.89 3,108.60 269.51 1,714.21 150.00 94.48 898.44 2,966.25 100.00 333.35 892.80 242.17 10,399.12 412.45 1,353.00 35,944.00 1,432.28 17,441.71 24, 532.64 150.00 129.87 288.15 96.05 96.05 97.76 565.00 265.55 270.20 7,067.71 315.04 327,276.24 1,227.55 78, 744.99 15,486.80 78,670.72 Page 9 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPERIOR PROPANE INC SUTPHEN CORPORATION SWEET,FLORENCE JOYCE SYMPOSIUM TECHNOLOGIES INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TAXITAB TAYLORS WATER SERVICE TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TESSMER,LOTHAR THE REVIEW THE REVIEW THYSSENKRUPP ELEVATOR THYSSENKRUPP ELEVATOR TODD,JAMES TODD,KEN TOMAHAWK TREE SERVICE TOOLBOX TOPLIFFE,JEANETTE TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TOROMONT TORONTO STAMP INC TOTAL LAND CARE SERVICES TOTH,STEVE TOWN OF PELHAM C/C TARA DRUZINA TRANSAXLE PARTS (HAMILTON) INC. TRANSCONTINENTAL MEDIA GP TUFF BOYS PLOW AND LANDSCAPE TWARDAWSKY,NICK UNISAN UNITED WAY UPPER CANADA CONSULTANTS UPS CANADA UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URQUHART,BILL URQUHART,TAYLOR VALLEY BLADES LIMITED VALLEY BLADES LIMITED VAPOR BUS INTERNATIONAL VERNON DIRECTORIES VICTORIA CENTRE BIA VIKING LIVES LTD VOITH TURBO WAJAX EQUIPMENT WAJAX POWER SYSTEMS WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WARCHALA,MICHAEL WASTE MANAGEMENT WASTE MANAGEMENT WATERS,RON WEAVE INCORPORATED WEBB,DAVE WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WELMAR RECREATIONAL PRODUCTS WESCO DISTRIBUTION CANADA INC WESTPIER MARINE & INDUSTRIAL SUPPLY INC. Cheque No. 361109 361424 361424 US DRAFT 361286 361111 361425 361611 361112 361288 361612 361113 361426 361289 361114 361290 361614 361291 361115 361292 361116 361427 361428 361615 361117 361118 361616 361119 361429 361617 361120 361618 361619 361121 361620 361621 361430 361431 361293 361122 361622 361432 361623 361623 361123 361294 361434 361624 361625 361626 361627 361124 361125 361145 361628 361629 361630 361631 361127 361129 361295 361632 361128 361633 361130 361634 361436 361635 361636 361637 361131 361296 361132 361133 Cheque Date 09- Jan -2013 23- Jan -2013 23- Jan -2013 14- Jan -2013 16- Jan -2013 09- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 23- Jan -2013 16- Jan -2013 09- Jan -2013 16- Jan -2013 30- Jan -2013 16- Jan -2013 09- Jan -2013 16- Jan -2013 09- Jan -2013 23- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 30- Jan -2013 09- Jan -2013 23- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 30- Jan -2013 23- Jan -2013 23- Jan -2013 16- Jan -2013 09- Jan -2013 30- Jan -2013 23- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 23- Jan -2013 30- Jan -2013 30- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 11- Jan -2013 30- Jan -2013 30- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 09- Jan -2013 16- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 09- Jan -2013 30- Jan -2013 23- Jan -2013 30- Jan -2013 30- Jan -2013 30- Jan -2013 09- Jan -2013 16- Jan -2013 09- Jan -2013 09- Jan -2013 Purpose MATERIALS MATERIALS MATERIALS MATERIALS REFUND SERVICES VEH ID #220 CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADVERTISING ADVERTISING CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES REFUND SUBSCRIPTION ADVERTISING CONTRACT SERVICES MAINTENANCE /REPAIRS REFUND TRAVEL /MILEAGE MATERIALS MATERIALS REFUND MATERIALS MATERIALS CONTRACT SERVICES MATERIALS SUPPLIES MATERIALS TRAVEL /MILEAGE MATERIALS STORES /INVENTORY ADVERTISING CONTRACT SERVICES TRAVEL /MILEAGE STORES /INVENTORY PAYROLL REMITTANCE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS VEH ID #150 MATERIALS MATERIALS VEH ID#-87 CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS TRAVEL /MILEAGE CONTRACT SERVICES CONTRACT SERVICES REFUND SERVICES MATERIALS MATERIALS VEH ID# -112 MATERIALS MATERIALS STORES /INVENTORY Amount 158.00 1,958.22 (584.40) 49.00 20.00 21,611.25 66.08 138.65 42.40 880.87 2,615.83 113.00 4,790.60 124.00 876.32 7,094.20 315.27 25.00 676.52 10, 053.87 461.04 461.04 146.89 388.44 1,491.60 28.24 492.54 102.78 736.38 736.76 414.04 441.15 6,045.50 133.64 499.52 65.23 1,582.00 1,637.37 16.64 720.85 2,027.22 38,682.47 47.70 232.56 13,473.84 6,927.52 9,831.00 1,268.43 150.00 150.00 625.03 6,412.00 348.16 4,993.47 112,815.22 3,928.28 418.47 1,635.74 474.60 239.72 321.03 234.78 1,736.18 95.68 79.45 79.57 150.00 27,470.44 276.00 1,435.67 333.35 928.86 155.40 85.88 Page 10 of 10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WHITE,PATRICK WHITE,PATRICK WIMBUSH,ROB WINDJACK,JIM WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA INC WOOD,JOHN E. WORK AUTHORITY WORK AUTHORITY WORK AUTHORITY WORK AUTHORITY WORK EQUIPMENT LTD WORK EQUIPMENT LTD WORKING BYTES INC WSIB WSIB WSIB WSIB YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YMCA YMCA YWCA ZEIDLER PARTNERSHIP Cheque No. Cheque Date 361437 23- Jan -2013 361134 09- Jan -2013 361638 30- Jan -2013 361135 09- Jan -2013 361136 09- Jan -2013 361639 30- Jan -2013 361640 30- Jan -2013 361641 30- Jan -2013 361297 16- Jan -2013 361137 09- Jan -2013 361642 30- Jan -2013 361137 09- Jan -2013 361438 23- Jan -2013 361439 23- Jan -2013 361643 30- Jan -2013 361143 11- Jan -2013 361298 16- Jan -2013 361440 23- Jan -2013 361644 30- Jan -2013 361139 09- Jan -2013 361645 30- Jan -2013 361299 16- Jan -2013 361647 30- Jan -2013 361140 09- Jan -2013 361648 30- Jan -2013 361300 16- Jan -2013 Purpose TRAVEL /MILEAGE REFUND REFUND TRAVEL /MILEAGE MATERIALS GRANT MATERIALS GRANT REFUND MATERIALS MATERIALS MATERIALS MATERIALS VEH ID# -300 VEH ID #300 SERVICES MATERIALS MATERIALS MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS GRANT MATERIALS Amount 45.00 150.00 150.00 541.32 65.00 28,500.00 8,071.73 1,612.50 4.00 150.00 424.85 729.66 291.15 1,325.44 1,371.76 576.30 877.31 8,395.92 32,131.07 21,797.53 811.95 172.67 4,454.84 1,803.48 4,277.75 189.84 Total 23,635,134.26 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2013 -15 Monthly Tax Receivables Report F- 2013 -15 February 26, 2013 RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of January 31, 2013 were $15.2 million compared to $17.7 million in 2012. During January, tax receivables as a percentage of taxes billed decreased from 10.5% in 2012 to 8.8% in 2013. The City's finance staff has begun the tax collection process for properties that are subject to registration for 2013. There are currently twelve properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE Tax collection for 2013 improved during the month of January. Table 1 shows that taxes outstanding at January 31, 2013 are $15.2 million. This represents a decrease from $17.7 million in arrears for the same period in 2012. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class have decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2013, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after one month of activity. This table shows 39.6% of the tax accounts or 154 properties have been paid in full or the owners have made suitable payment arrangements. During January, twenty -nine accounts were paid in full. Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. February 26, 2013 - 2 - F- 2013 -15 Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of January, there was no change in the number of registered properties. The outstanding taxes for registered properties represents 8.5% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at January 31, 2013 is 8.8% which is a decrease from 2012's value of 10.5 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at January 31, 2013 Taxes Receivable by Property Class at January 31, 2013 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Respectfully submitted: A. Felicetti Todd Harrison, Direc or of Finance Ken Todd, Chief Administrative Officer TABLE 1 Total Taxes Receivable Owing at January 31, 2013 2013 2012 Outstanding Taxes @ January 1, 2013 $ 16,115,688 $ 18,304,517 Penalty charged in January $ 168,519 $ 197,267 Residential $ 7,523,479 49.57% Taxes Collected during January $ 1,107,956 $ 823,783 Outstanding Taxes @ January 31, 2013 $ 15,176,251 $ 17,678,001 1.26% Commercial $ 6,990,724 46.06% $ 9,368,225 52.99% TABLE 2 Taxes Receivable by as at January Property Class 31, 2013 2013 Taxes Owing % of Class 2012 Taxes Owing % of Class Residential $ 7,523,479 49.57% $ 7,434,194 42.05% Multi- Residential $ 147,632 0.97% $ 222,344 1.26% Commercial $ 6,990,724 46.06% $ 9,368,225 52.99% Industrial $ 496,672 3.27% $ 612,997 3.47% Farmlands $ 17,746 0.12% $ 40,241 0.23% Total Receivables $ 15,176,251 100.00% $ 17,678,001 100.00% TABLE 3 TABLE 4 Scheduled Tax Sales Date Number of Properties Properties Subject to Registration as at January 31, 2013 % Initial Amount $ 452,531 389 1 Paid in Full May 2014 29 7.5% Payment Arrangements 12 125 32.1% Ongoing Collection Action 235 60.4% Registered 0 0.0% 389 100.0% TABLE 4 Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount May 2013 6 $ 452,531 November 2013 1 $ 366,956 May 2014 5 $ 463,189 Totals 12 $ 1,282,677 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2013 -06 Niagara Catholic District School Board Licence Agreement with the City 2999 Dorchester Road Our File No. 2012 -49 L- 2013 -06 February 26, 2013 RECOMMENDATION 1. That the City enter into a Licence Agreement with Niagara Catholic District School Board ( "NCDSB ") with respect to the use of City lands abutting Mary Ward School located at 2999 Dorchester Road. 2. That the Mayor and Clerk be authorized to execute said Licence Agreement. EXECUTIVE SUMMARY The term of the Licence Agreement is one year and deemed automatically extended from year to year The licence fee is $2.00 per annum Maintenance will be the responsibility of the NCDSB Insurance will be carried by the NCDSB BACKGROUND In 1992 the City entered into a Licence Agreement with the Welland County Roman Catholic Separate School Board (now the Niagara Catholic District School Board) for the use of part of LB Pearson Park for the purpose of a right -of -way for ingress and egress of vehicles to and from the school. The Licence Agreement was intended to improve traffic flow around Mary Ward School and has proven to be successful. The original Agreement has expired. The NCDSB has requested that the City renew the Agreement to accommodate the addition of portable classroom units and the enlargement of the school parking lot for parking 107 vehicles and for student drop -off lanes. The land requested for use does not hinder City programs being conducted in the park and the NCDSB will be responsible for keeping the parking lot clean and tidy, in good and proper repair and condition, and all snow removal. February 26, 2013 ANALYSIS /RATIONALE - 2 - L- 2013 -06 The proposed Agreement is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. ATTACHMENT Copy of Licence Agreement Recommended by: Ken Beaman, City Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer KB Attachment THIS LICENCE AGREEMENT made this day of September, 2012. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Licensor" - and - NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Hereinafter referred to as the "Licensee" OF THE FIRST PART; OF THE SECOND PART. WHEREAS the Licensor is the owner of the lands known as L.B. Pearson Park located at 3031 Dorchester Road, Niagara Falls, which lands are more particularly described in Schedule "A" attached hereto; AND WHEREAS the Licensee is the owner of lands known as Mary Ward Catholic School located at 2999 Dorchester Road, which lands are more particularly described in Schedule `B" attached hereto; AND WHEREAS the Licensee requires additional parking spaces upon the lands abutting 2999 Dorchester Road, which lands are more particularly described in Schedule "B" attached hereto; AND WHEREAS the required off -site parking is to be located in L.B. Pearson Park; AND WHEREAS the Licensor has agreed to allow the Licensee to construct a parking lot in L.B. Pearson Park (hereinafter referred to as the "Pearson Park Parking Lot "); AND WHEREAS the licensee has located three portable buildings such that the buildings straddle the boundary between these Schedule "A" and Schedule `B" lands as illustrated in Schedule "C" attached hereto; AND WHEREAS the licensor has agreed to allow the three portable buildings to remain located as illustrated in Schedule "C" attached hereto; -2- AND WHEREAS the lands of the licensor that are the subject of this license are illustrated as Parts 1 and 2 on Plan 59R — 7921 of the Land Registry Office for the Land Registry Division of Niagara South (No. 59) a copy of which is attached to this license agreement as schedule "D" attached hereto; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant, Term and Fee 1,1 The Licensor agrees to grant to the Licensee a licence for the use of a portion of L. B. Pearson Park as a parking lot, such parking lot more specifically shown hatched on the sketch attached hereto and the right to locate and maintain three portable buildings in the locations illustrated in Schedule "C "together with all appurtenant rights of access required to use and service the three portable buildings, for a term of one ( 1 ) year commencing on the I' day of April, 2012 and terminating on the 31" day of March , 2013. 1.2 Notwithstanding the foregoing, this Licence Agreement shall be deemed to be automatically extended from year to year from the present or any future termination date hereof, unless at least 30 days prior to any such date, the Licensor notifies the Licensee that it elects not to consider this Licence Agreement extended for any additional period. 1.3 The Licensee shall pay to the Licensor an annual licence fee in the amount of TWO DOLLARS ($2.00), payable in advance on the Licence commencement day and on each anniversary of the Licence commencement day, if applicable. 1.4 Either the Licensor or the Licensee shall have the option to terminate this Licence Agreement, upon at least 30 days notice in accordance with the provisions ofparagraph 4.1 hereof. 2. Terms and Conditions of Use 2.1 The Licensee accepts the existing Pearson Park Parking Lot in an "as is" condition. 2.2 The Licensee covenants to use the Pearson Park Parking Lot for the purpose of parking One Hundred and Seven (107) passenger (non - commercial) vehicles. 2.3 The Licensee acknowledges and agrees that at all times, all patrons of L. B. Pearson Park shall have the right to enter and use the Pearson Park Parking Lot. 2.4 No building, structure, fence or other fixture shall be erected by the Licensee on the Pearson Park Parking Lot. 2.5 All supply and placing of stone, landscaping and lighting shall he undertaken and carried out at the sole cost and expense of the Licensee. -3- 2.6 The Licensee shall protect the survey monuments describing L.B. Pearson Park and ensure, at the Licensee's own expense, that all such survey monuments are properly in place upon the termination of this Agreement. 2.7 The Licensee agrees that it shall not assign or transfer this Licence Agreement without the prior written consent of the Licensor, which consent shall not be unreasonably withheld. 2.8 The Licensee covenants and agrees with the Licensor to maintain the Pearson Park Parking Lot at all times in a good and proper repair and condition, including grading, satisfactory to the Licensor's Director of Municipal Works. 2.9 The Licensee agrees to keep the Pearson Park Parking Lot in a clean and tidy condition and not permit waste paper, garbage, ashes or waste or other objectionable material to accumulate thereon. 2.10 The Licensee agrees to be responsible for all snow removal from the Pearson Park Parking Lot. 2.11 The Licensee agrees that it will use the Pearson Park Parking Lot for automobile parking only and will not wash, polish or repair automobiles on the Pearson Park Parking Lot nor use same for storage purposes. 2.12 The licensee shall maintain the portal buildings in proper and good repair. 2.13 the licensee shall not expand or add to the portable buildings. 2.14 The Licensee agrees to, at all times, observe and comply with, and endeavour to ensure strict observance and compliance with, all statutory requirements, rules, regulations and by -laws of the Licensor or other authority which in any manner may affect or relate to the use of the L.B. Pearson Park and the Pearson Park Parking Lot. 2.15 En the event the Licensee fails or refuses to comply with the orders or requests of the Licensor or its managers; permits any conduct or act which, in the opinion of the Licensor, is improper, or renders it inadvisable that the Licensee should be allowed to continue to make use of the Pearson Park Parking Lot or fails to comply with the terms and conditions herein, the Licensor may forthwith terminate this Licence Agreement and take possession of the Pearson Park Parking Lot. 3. Liability and Insurance 3.1 The Licensee shall indemnify and save the Licensor harmless against any and all liability. claims, damages and expenses due to or arising out of any action or omission or neglect by the Licensee, its agents, servants, invitees, assignees or licensees, on or about the Pearson Park Parking Lot or due to or arising out of any breach by the Licensee or anyone for whom, by law, the Licensee is responsible, of the provisions of this Licence Agreement or of any rules or regulations established from time to time by the Licensor. -4- 3.2 The Licensee shall use the Pearson Park Parking Lot at its sole risk and the Licensor will not be liable for any loss, injury or damage caused to persons using the Pearson Park Parking Lot or to automobiles or other contents or any other property, the responsibility for insuring against any such loss, injury or damage being that of the Licensee, who waives on behalf of itself and its insurers any rights of subrogation against the Licensor. 3.3 The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this Licence Agreement or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the Licensor, its officers, employees and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this Licence Agreement or anything done or maintained hereunder. 3.4 The Licensee agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to die City Solicitor for the Licensor, protecting and indemnifying the Licensee and the Licensor, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the Pearson Park Parking Lot with all inclusive coverage of not less than Five Million Dollars ($5,000,000.00), such policy to include the Licensor as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the Licensor under this Licence Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the Licensor 30 days prior written notice. The Licensor may, in its sole discretion acting reasonably, require the Licensee to raise the minimum amount of coverage and shall so advise the Licensee in writing, who then shall immediately increase the minimum coverage and deliver to the Licensor within 30 days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the Licensor's City Solicitor, showing the amended coverage. Failure of the Licensee to comply with this provision shall constitute a breach of this Licence Agreement and shall entitle the Licensor to terminate hereunder. 3.5 The Licensee shall furnish the Licensor with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the Licensor's City Solicitor prior to the commencement of this Licence Agreement in accordance with the provisions of this Licence Agreement and at each insurance renewal date. 4. General 4.1 Notice shall be given to the Licensor at: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 -5- Telephone No. Fax No. and to the Licensee at: (905) 356-7521 (905) 371 -2892 Niagara Catholic District School Board Catholic Education Centre 427 Rice Road Welland, Ontario L3C 7C 1 4.2 This Licence Agreement and any schedules hereto constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Licence Agreement other than expressed herein. 4.3 Wherever the singular or masculine is used in this Licence Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto executed this Licence Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida, City Clerk NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Per: Name: Title: t- �z J hnC cco Director of Education Name: -6- Title: SCHEDULE "A" to an Agreement dated the 1" day of April, 2012 between NIAGARA CATHOLIC DISTRICT SCHOOL BOARD and THE CORPORATION OF THE CITY OF NIAGARA FALLS (LB. Pearson Park) Block C Plan NS 28 Niagara Falls; Block A Plan SN38 Niagara Falls; Block D Plan NS38 Niagara Falls; all in the City of Niagara Falls, in the Regional Municipality of Niagara. -7- SCHEDULE "B" to an Agreement dated the 1 sr day of April, 2012 between NIAGARA CATHOLIC DISTRICT SCHOOL BOARD and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Township Lot 45 Stamford as in BB23218; in the City of Niagara Falls, in the Regional Municipality of Niagara. SCHEDULE "C" PBD- 2013 -19 Niagaraaalls February 26, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD- 2013 -19 PLC - 2013 -002, Request for Removal of Part Lot Control Lots 65 to 87 Inclusive, Plan 59M -384 Deerfield Estates Phase 9 Subdivision Developer: River Realty Development (1976) Inc. RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 65 to 87, inclusive, on Registered Plan 59M -384, as exempt from Part Lot Control for a period of three years. 2. That the developer be required to notify the City when the new deeds have been registered. 3. That the City reimburse the developer the Development Charges ($17,968) which have been paid for the lots that are proposed to be eliminated in the subdivision. 4. That the Mayor and City Clerk be authorized to execute the necessary amendment to the Subdivision Agreement and any required documents to reflect the lotting changes when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY River Realty Development (1976) Inc. has requested that Council pass a by -law to exempt 23 lots in the Deerfield Estates Phase 9 subdivision from being subject to Part Lot Control to permit them to be reconfigured into 15 larger lots for single detached dwellings. The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the lots are located within a registered subdivision; • the by -law will permit deeds to be created for the new lots and permit them to be sold; the subdivision includes a variety of lots sizes to provide a choice of housing; creating 15 larger lots will assist in meeting current market demands for these lots; and the zoning permits the size of Tots proposed. February 26, 2013 - 2 - PBD- 2013 -19 The Development Charges which have already been paid for the eight lots which are proposed to be eliminated should be returned to the developer. BACKGROUND Proposal River Realty Development (1976) Inc. has submitted a request to have Part Lot Control removed from 23 Tots within the Deerfield Phase 9 subdivision, as shown on Schedule 1. Most of the subject lots are interior lots with frontages of 10 metres; one of the lots is a corner lot with a frontage of 13 metres. The removal of Part Lot Control is a planning tool that is intended to allow the reconfiguration of lot lines and/or the division of lots and blocks within a registered plan of subdivision. The request is being made because the applicant wishes to reconfigure the 23 lots into 15 larger lots for single detached dwellings (interior lots to have a frontage of 15.4 metres; corner lot to have a frontage of 18.5 metres). The applicant is seeking an exemption from Part Lot Control for Lots 65 to 87, inclusive, for a period of 3 years. Refer to Schedule 2 for further detail. ANALYSIS /RATIONALE The subject lots are located within the Deerfield Phase 9 subdivision, which was registered on August 15, 2011. The subdivision contains a large number of lots for small single detached dwellings (10 -13 metres frontage) and a limited number of larger lots for single detached dwellings(15 metres frontage and greater). The applicant wishes to reconfigure the 23 lots to respond to market demand for larger lots. As a large inventory of smaller lots will remain in the subdivision, a variety of lot sizes will remain to provide a choice of housing. The loss of eight lots in this subdivision of 207 lots is not significant. The subject lots are zoned Residential Single Family 1 E Density (R1 E -918) by Zoning By- law No. 79 -200, as amended by By -law No. 2010 -152. The size of the proposed lots complies with the zoning requirements. 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 Tots from Part Lot Control to allow lot lines to be changed without a consent. Approval of a Part Lot Control by -law is requested to so that the existing lot lines can be reconfigured for a total of 15 lots instead of 23. Part Lot Control has been requested to be lifted for three years to allow for flexibility in scheduling real estate closings dates and to consider the market absorption of the lots. 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. The changes to the lotting pattern will necessitate an amendment to the Subdivision Agreement. The Mayor and City Clerk need to be authorized to execute the necessary amendment. February 26, 2013 FINANCIAL IMPLICATIONS - 3 - PBD- 2013 -19 The Development Charges for the subdivision are calculated based on the number of lots in the plan at the time of registration. When the subdivision agreement was signed, River Realty Development (1976) Inc. was required to pay $2,248 per lot for the storm services component of the Development Charges. Reducing the total number of lots in the subdivision by eight will require the City to reimburse the developer $17,968. CITY'S STRATEGIC COMMITMENT The application is consistent with Council's priority to strengthen and promote economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Proposed Lots Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development K Todd, Chief Administrative Officer A.Bryce:mb Attach. S: \PDR\2013 \PBD- 2013 -19, PLC - 2013 -002, Deerfield Estates Phase 9.wpd February 26, 2013 - 4 - SCHEDULE 1 PBD- 2013 -19 Part Lot Control Application File PLC- 2013 -002 Deerfield Estates Phase 9 Subdivision, Lots 65 to 87 Inclusive Location Ma Subject Land February 26, 2013 - 5 - SCHEDULE 2 PBD-2013-19 JENNIFER CRESCENT 10 St *O&M. 101 e-S9 .;.C" • • 6 ".4.100-00• 4-r4 C Yt, .14•142-40** V. 7-vil,119-Loapt-t- a 41.0t MON OOD se\ sit,,DS X*4 rata -40* * ',011.=.4001 ■ v Ufa:Ca-4M X — - o•-al.1-0•D*4 VISTR...••■• • 4 Vita-404 0 31-017 -van v I ,-.10trw114.0...‘ 799 WIENS BOULEVARD • PBD- 2013 -20 Niagaraaalls February 26, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD- 2013 -20 PLC - 2013 -002, Request for Removal of Part Lot Control Block 113, Plan 59M -379 9484 -9500 Eagle Ridge Drive, Ferrnwood Phase 2 Subdivision Applicant: Mountainview Homes RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Block 113 on Registered Plan 59M -379, as exempt from Part Lot Control for a period of two years; and 2. That the developer be required to notify the City when the new deeds for the Tots have been registered. EXECUTIVE SUMMARY Mountainview Homes has requested that Council pass a by -law to exempt the land from being subject to Part Lot Control to allow the transfer of ownership of the four freehold townhouse units currently under construction. The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the block is located within a registered subdivision; • the by -law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold; and • the zoning permits the proposed parcels sizes. BACKGROUND Proposal Mountainview Homes has submitted a request to have Part Lot Control removed from Block 113 (9484 -9500 Eagle Ridge Drive) located on the south side of Eagle Ridge Drive, in the Fernwood Phase 2 plan of subdivision. 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 Tots and blocks within registered plans of subdivision. In this case the removal of Part Lot Control is requested to allow the creation of separate parcels for each of the four on- street townhouse dwelling units that are under construction. Refer to Schedule 2 for further detail. February 26, 2013 - 2 - PBD- 2013 -20 ANALYSIS /RATIONALE The block of land is located within the Fernwood Phase 2 plan of subdivision (59M -379) which was registered in 2010. The subdivision contains a mix of lots for single- detached dwellings and blocks of land for on- street and block townhouses. A Building Permit was issued in October 2012 to permit the on- street townhouse dwelling to be constructed on the subject block of land. The townhouse dwellings and proposed parcel configurations are shown on the attached reference plan (Schedule 2). The block is zoned Residential Mixed (R3 -829) by Zoning By -law No. 79 -200, as amended by By -law No. 2008 -99. The proposed parcels comply with the zoning regulations. 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 each townhouse dwelling unit can be sold with its own parcel of land. 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 Development charges were collected for Block 113 based on four units. Therefore, there are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS ► Schedule 1 - Location Map Schedule 2 - Proposed Lots Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: D. Deluce:mb Attach. Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -20, PLC - 2013 -003, Block 113, Plan 59M- 379.wpd February 26, 2013 - 3 - SCHEDULE 1 PBD- 2013 -20 February 26, 2013 ORPE - 4TT2394.79 "f'- - 5461145.56 64Ss4 4772433A3 Mb41.tS s SE .SEM - ,,,EES -.Rt 11« - 4 - SCHEDULE 2 NOTES PBD- 2013 -20 PLAN 59R- R E.vEDA,e IEPRESSITIMVE ;OR 1.1., METRIC NOTE _ • rES nra; ,EM eE rswcRE0 Eo REE ev''w NGabE M.,vE SEARING NOTE Rsa!aw:s Shown 4IPEON.,e Am. r 3 mo S+ vie eo v� S Aar,, 9 nroE 9.w waa0&, ♦nO.IRE'; "ERRED `�c v'ca. DISTANCE NOTE .smrte m,cwn,ES MAN.ra+w_rEn .EiatecSS MID CAN ME X. /WM'1) -ms v u .rtas.s. 'WA( = 44:1r113F axxnes BLOCK 113, REGISTERED PLAN 59M -379 City of Niagara Falls REGIONAL MUNICIPAL: TV OF NIAGARA warn- rrs.'hIIERCN. #,X0C.1; <E.ZY CNE. 'iAlivP' '0. SURVEYORS CERTIFICATE WINE, ICE TEM 31MNENoRE -r 441., 1. AOC Fetoo• RCIYII 1, FRJifE 7UM1'/C17N7 La EX. LEE !�.■,1, Niagara.Falls 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 -01 Playground Signs TS- 2013 -01 February 26, 2013 RECOMMENDATION That signs to forewarn motorists of the presence of children /pedestrians be installed in accordance to the Ontario Traffic Manuals EXECUTIVE SUMMARY A variety of signs that forewarn motorists of the presence of pedestrians /children on or near the road are available for use under certain conditions. To maintain the integrity and uniformity of signs, and to conform with "best practice" as noted in the Ontario Traffic Manuals, adopting a customized "children playing" sign is not recommended. The improper or excessive use of signs, tends to cultivate disrespect for signs in general. As a result, signs tend to lose their authority. BACKGROUND City Council at their meeting December 12, 2011 requested staff to investigate the use of installing "children playing" signs on roads within Niagara Falls. Prior to assessing the use of this type of sign, a review was carried out with respect to "best practice" for signing applications. With respect to the potential of pedestrian /children activity near roadways the following signs have been adopted for use in the Ontario Traffic Manuals: Playground sign - The sign is intended to be installed in advance of a park/playground area. The purpose of the sign is to forewarn motorists that the presence of children can be expected as there is a park/playground adjacent the road. Pedestrian sign - This sign is intended to be installed where there is an absence of sidewalks and /or near high pedestrian generators such as hospitals, senior centres. School Area sign - These signs are installed in advance of schools. The purpose of the sign is to provide advance warning to motorists that they are entering an area where the presence of children may not be February 26, 2013 expected. -2- TS- 2013 -01 School Crossing sign - These signs are intended to be installed at designated school crossing locations where a school crossing guard provides assistance. The colour of these signs has since been revised to reflective yellow. There is no "children playing" warning sign in the Ontario Traffic Manual to advise that children may be playing on or near residential streets, for which many requests are received. Staff has been informed of the presence of playground signs on Hunter Road in Niagara- on -the- Lake. This is an improper application of the sign as there is not a community playground directly abutting the road. The street is rural in nature with large residential estate properties and agricultural businesses /farmland (right). The proper sign that should be used in this instance is a pedestrian advance sign as pedestrians would be required to walk on the road given the absence of dedicated pedestrian facilities. Hunter Road, Niagara -on- the -Lake A survey of area municipalities was carried out to determine whether customized "children playing" type signs have been adopted. The majority of respondents identified that they install signs, in accordance with the Ontario Traffic Manuals and they have not incorporated this type of customized sign. However, three Greater Toronto Area municipalities have indicated that they have installed similar, but unique style signs. The City of Toronto does not have a specific policy. However, upon request a generic "Watch for Children" sign may be installed. The City of Brampton developed a sign to advise drivers to use caution as they enter a residential neighbourhood where the risk of encountering pedestrians, and specifically children, is significantly increased. Certain criteria are required to be fulfilled prior to this sign's installation. CAUTION WATCH FOR CHILDREN February 26, 2013 Drive Slowly Think Of Us -3- TS- 2013 -01 The City of Mississauga developed their own sign stating "Drive Slowly; Think Of Us," which they refer to as a Neighbourhood Entrance Sign, and it depicts an adult holding the hand of a child. Certain conditions must be fulfilled before these signs are installed, such as the requester must participate in the Neighbourhood Speed Watch Program to help raise awareness about the vehicle operating speeds in their area. This sign is posted at the entrance to neighbourhoods to remind motorists to adjust their driving habits, particularly vehicle speeds, as they transition from higher speed arterial roads to lower speed residential subdivision roads. This sign is intended to advise drivers to use caution as they enter a residential neighbourhood where the risk of encountering pedestrians, and specifically children, is significantly increased. ANALYSIS /RATIONALE Requests for "children playing" type signs are frequently received from residents throughout the city. Although most municipalities do not install such customized signs, a few municipalities have adopted unique signage. Staff at these municipalities has identified that there is no evidence to indicate that driver patterns or behaviour has been affected by the installation of these signs. As there are children living on virtually every street within the city, it is conceivable that with numerous requests and the potential number of sign installations, the effectiveness of similar type signs conveying slightly different messages would be negatively impacted. Sign applications should be consistent and uniform. Similar conditions should be treated in a similar manner to accommodate driver expectation. Improper or excessive use tends to cultivate disrespect for signs in general. As a result, signs tend to lose their authority. FINANCIAL /STAFFING /LEGAL IMPLICATIONS There is no financial implication with the recommendation in this report. For information the manufacture and installation cost of one sign is approximately $250.00 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: l Ken Todd, Chief Administrative Officer M. Carrick S: \General Administration \GA 1.01 Reports\2013 Council\2 Feb 26 \TS- 2013 -01 Playground Signs2- Revised.wpd Niagara falls 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 -10 Foreman Avenue at Woodsview Crescent Foreman Avenue at Harvest Crescent Intersection Control Review TS- 2013 -10 February 26, 2013 RECOMMENDATIONS 1) That a stop sign is installed facing northbound motorists on Foreman Avenue at Woodsview Crescent, and; 2) That a stop sign is installed facing southbound motorists on Foreman Avenue at Harvest Crescent. EXECUTIVE SUMMARY A stop sign is warranted facing northbound motorists on Foreman Avenue at Woodsview Crescent and facing southbound motorists on Foreman Avenue at Harvest Crescent that will require all drivers stop before entering the intersection. BACKGROUND City Staff has been requested to investigate the feasibility of installing a stop sign at the intersections of Foreman Avenue at Woodsview Crescent and Foreman Avenue at Harvest Crescent. Currently, both intersections are controlled by a yield sign. ANALYSIS /RATIONALE Study results indicate that a stop control is warranted facing northbound motorists on Foreman Avenue at Woodsview Crescent and facing southbound motorists on Foreman Avenue at Harvest Crescent. The visibility triangle requirements for the yield sign control are not met thus warranting additional controls. This is common in developed residential areas with buildings and fencing normally constructed within the visibility clear zone. This triangle provides motorists sufficient visibility to view approaching vehicles and therefore be able to react appropriately. The proposed stop signs will necessitate all motorists to carry out a full legal stop and ensure that there is no conflicting traffic prior to entering the intersection. A collision review revealed that no collisions have been reported at the two intersections in the previous three -year period. February 26, 2013 - 2 - TS- 2013 -10 FINANCIAL/STAFFING /LEGAL IMPLICATIONS The installation of the stop signs is carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2013 General Purposes Budget. Cost studies estimate that the cost to replace the yield signs with stop signs is approximately $200. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENT Study Area drawing. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Niagaraf falls TS- 2013 -10 Foreman Avenue at Woodsview Crescent Foreman Avenue at Harvest Crescent Intersection Control Review Proposed stop sign locations TS- 2013 -11 Niagaraj1alls February 26, 2013 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 -11 BUSU - Transportation Contract Extension RECOMMENDATION: 1. That the municipality extends the current Agreement, for the 2013/2014 school year, with Brock University Student's Union to provide the service at full cost recovery. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: The most recent Agreement to provide transportation service between Niagara Falls and Brock University for the benefit of the students expires on April 30, 2013. Transit staff have been in discussion with the Brock University Student's Union Executive to exercise article 8.02 of the Agreement, which allows the terms of the contract to be extended for an additional year. Both parties are in agreement the service provision extension is mutually beneficial and thus, Niagara Falls Transit would continue to provide the service from September 2013 through April 2014 inclusive. BACKGROUND: The Niagara Falls Transit service to Brock University was implemented in September 1992 as an express bus operating on a fixed route between Niagara Falls and the Brock University campus in St. Catharines. The service is provided September through April to ensure the students residing within our city have an opportunity to travel to and from the Brock Campus to attend their daytime and evening classes, as well as their exams. The level of service provided for the 2012/2013 school year is at an hourly rate of $87.59 per hour. For the 2013/2014 school year, the hourly rate will be increased by 3% to $90.22 per hour, which provides Niagara Falls Transit with full cost recovery for the provision of service. This Agreement also has a Fuel Escalation Clause to protect the City should the prices of diesel fuel increase dramatically. In addition, any fares collected by non student February 26, 2013 - 2 - TS- 2013 -11 customers choosing to utilize this service to travel to the Brock Campus in St. Catharines are retained by the City. FINANCIAL /STAFFING /LEGAL IMPLICATIONS: The one year Agreement extension with the Brock University Student's Union will provide Niagara Falls Transit with revenues of approximately $175,000.00. These revenues will allow the service to operate between Niagara Falls and St. Catharines at full cost recovery. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and the Brock Campus supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustain Ability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: /7' Karl Dren, Director of Transportation Services Respectfully submitted: I Ken Todd, Chief Administrative Officer D. Stuart S: \General Administration \GA 1.01 Reports\2013 Council\2 Feb 26 \TS- 2013 -11 BUSU Transportation Contract Extension.wpd NiagaraFaIIs V 1 U 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 -12 Award of WEGO Advertising Tender RFP10 -2013 TS- 2013 -12 February 26, 2013 RECOMMENDATION 1. That REV Publishing Inc. be awarded the opportunity to utilize the WEGO system to generate advertising revenue, and 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY A Request for Proposals was issued to determine what advertising revenues can be generated by utilizing the WEGO system. Proponents were asked to submit their plans to develop, implement, and market revenue generating opportunities available within the City's WEGO bus fleet and stops, including the onboard "infotainment monitors" and interior card brackets. The successful Proponent would have the opportunity to utilize the buses and infrastructure of the WEGO system to maximize advertising revenues for the benefit of the City, as well as the Proponent. The agreement would be for two years with an option for a third year. In addition to their revenue per month submissions, the Proponents were asked to include any other in -kind contributions as well. The goal of this advertising initiative is to increase ridership. Exceeding ridership revenues beyond the agreed to amount will result in sharing excess revenue with the Niagara Parks Commission. BACKGROUND This Request for Proposal (RFP) is for the provision of all the resources required to develop, design, implement, and market the advertising opportunities available within the sixteen (11 sixty foot and 5 forty foot) WEGO Transit buses. In addition, the City will review other in -kind sales revenue generating opportunities associated with the WEGO service regarding initiatives beyond the interior of the bus fleet. The estimated number of annual trips provided on the WEGO service was 600,000. Based on the actual ridership to date of approximately 500,000, the initial estimate will be greatly exceeded. Therefore, a larger audience would generate greater interest in the various mediums associated with the WEGO system and hence, stronger revenue generation. February 26, 2012 -2- TS- 2013 -12 This Bid Opportunity was posted for download on the City of Niagara Falls' Tender Web Page and posted for advertising on the Biddingo and MERX Bid Sites which are very large bid sites to whom a great number of Ontario companies subscribe. In addition, four parties who had expressed interest in the opportunity were sent the RFP directly. At the closing of the RFP, only REV Publishing Inc. submitted a bid. REV Publishing Inc. is a locally owned and managed company, which has vast experience marketing to visitors in this dynamic community since 2001. Their submission provides the following in remuneration; Year Financial Compensation In -Kind Compensation One $10,000.00 $120,125.00 Two $11,500.00 $120,125.00* Three $14,950.00 $120,125.00 ** * The In -Kind compensation amounts would increase proportionately in the second and third years of the Contract due to inflationary rates. ** The third year is an option year, which requires mutual agreement to exercise. In addition to the annual guaranteed compensation amounts in each of the three years, REV Publishing Inc. will contribute 25% of the amount of all sales in excess of the guaranteed amount. Thus, if REV is able to achieve $20,000.00 in sales in the initial year via the many WEGO sales opportunities, the City would realize the annual guaranteed amount plus 25% of the additional $10,000.00 generated through sales for a total of $12,500.00. As the WEGO system relies heavily on its stakeholder partners to market the system, the substantial in -kind compensation is of significant value. Rev Publishing Inc.'s in -room magazines (including; On The Boulevard Magazine, Today Magazine, Niagara Dining Guide, Save -A -Buck Coupon Booklet etc.) and in -room infomercials provide the WEGO system a substantial opportunity to further broadcast its many transportation advantages to all visitors. This network of advertising mediums is also important to drive traffic to the WEGO system to further enhance sales of the WEGO fares because once one million dollars in sales have been realized throughout the entire system, the City shares equally in the revenue of all fares thereafter with the Niagara Parks Commission. Further, REV Publishing is prepared to place twenty -five Save -A -Buck' newspaper boxes next to many of the WEGO bus stops to fully support those businesses purchasing space within their publications. With additional products to sell its clients, REV can better package media buys, including our Infotainment monitors, which provide a unique medium to promote Niagara Falls businesses and events via video productions shown to the customers on the buses. ANALYSIS /RATIONALE Although the RFP only generated one proponent, staff are confident this submission will greatly assist with the marketing of the WEGO system as REV Publications Inc. have demonstrated a level of expertise with the Niagara Falls marketplace. In addition to the financial compensation provided in each of the three years, the exceptional marketing opportunity through in -kind publication advertisements is of great value to the continued promotion of the WEGO system. February 26, 2012 -3- TS- 2013 -12 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The three year Financial Compensation package totals $36,450.00 and the In -Kind Compensation package is represented as a value in excess of $360,000.00. There are no Staffing or Legal Implications to address. CITY'S STRATEGIC COMMITMENT The provision of service between Niagara Falls and the Brock Campus supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Respectfully submitted: D. Stuart Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer SNOIl111OS321 The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS Health Canada's Marihuana Medical Access Program (the '`Program ") has been in place since 2002; and WHEREAS under the Program, residential homeowners, who qualify, are entitled to grow their own marihuana under a Personal Use Production Licence or on behalf of others under a Designated Person Production Licence; and WHEREAS under the Program, there was no requirement of Health Canada to notify law enforcement. fire officials or the municipality of the location of those with licences to grow; and WHEREAS the Program has been criticized by law enforcement. fire officials and municipalities for the lack of notification, the potential for illegal activities, fire and electrical hazards, health issues and risk of home invasions; and WHEREAS the Police have committed considerable resources at responding to complaints of grow - ops only to find that the owner has a licence issued by Health Canada; and WHEREAS the Federal Government has heeded the criticism and has proposed new federal marihuana for medical purposes regulations; and WHEREAS the regulations will end the ability for individuals to grow within their residential properties by March 31, 2014; and WHEREAS under the new regulations, Health Canada will only allow licensing of indoor, commercial production sites; and WHEREAS although municipalities, fire officials and law enforcement will be notified of possible commercial production sites within the community, they will not be asked to provide comments on the appropriateness of such sites; and WHEREAS there is no guarantee that commercial production sites will comply with local zoning requirements; and WHEREAS there is no process under the new regulations to identify and remediate those buildings that were previously licensed to grow, unlike illegal grow ops; and WHEREAS the comment period for the proposed new regulations ends on February 28, 2013. THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls commends the Federal Government for the new regulations but respectfully forwards the following requests: • • that law enforcement. fire officials and municipalities be allowed to comment on applications for commercial production sites prior to their issuance; and that commercial production sites require compliance with local regulations; and that there be a requirement that the municipality receive notification of all properties previously associated with licences to grow so that future occupants /purchasers of these buildings are afforded the same level of protection as those whom purchase or occupy buildings that housed "illegal- grow ops; and that the new regulation require that properties be remediated when medical marihuana production ceases. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR L- 2013 -04 Niagaraaalls February 26, 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 -04 Declare Surplus Part 6 on Reference Plan 59R -7160 Our File No. 2012 -213 RECOMMENDATION That Part 6 on Reference Plan 59R -7160 as shown hatched on the attached location map ( "subject land "), be declared surplus to the requirements of the City of Niagara Falls. EXECUTIVE SUMMARY The City has received a request by an abutting landowner to purchase the subject land. The subject land is situated between that landowner's land and Post Road, a municipal street under the jurisdiction of the City on Niagara Falls. City of Niagara Falls By -law No. 2003 -16, as amended, requires that the Council declare the subject land to be surplus to the needs of the City of Niagara Falls, prior to any sale of the subject land. BACKGROUND The subject land is a remnant parcel created by a plan of subdivision. The subdivider had no use for it. The City agreed to accept conveyance of the parcel from the subdivider in 2006. The subject land is a rectangular shaped piece abutting 5080 Kalar Road and is approximately 804 square feet and is zoned R2. The parcel is so small that the only practical use that can be made of it would involve merging it with abutting lands. Staff have found no municipal purpose for retaining these lands. 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 16, 2013, issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. ANALYSIS /RATIONALE The subject land is of no value to the City and will immediately start generating tax as soon as it is assessed for taxation. February 26, 2013 - 2 - L- 2013 -04 ATTACHMENT • Property Map Recommended by: Respectfully submitted: KB Attachment Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer m ui m z 0 ]ION 5NIHV38 eo Aanans ao Nrid 1,1 38'56'30 e 'REF RFP2F SCA tNGJ 212 o N86 SF'3■2 CITY OF NIAGARA FALLS By-law No. 2012 - A by -law to designate Lots 65 to 87 inclusive of Registered Plan 59M -384, not be subject to part-lot control (PLC- 2013 -002). 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 lands are zoned by By -law No. 2010 -152 to permit the erection of single detached dwellings thereon; AND WHEREAS the owner of the said lands proposes to reconfigure the property lines to create larger lots; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands 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 65 to 87 inclusive of Registered Plan 59M -384, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for three 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 twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:APART LOT CONTROL \2013 \PLC- 002 \PLC - 2013 -002 By- law .wpd CITY OF NIAGARA FALLS By -law No. 2013- A by -law to declare part of Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls as shown on the attached, in the City of Niagara Falls, Regional Municipality of Niagara, 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 Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls as shown on the attached, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013. February 26, 2013. February 26, 2013. ATTACHMENT "I " CITY OF NIAGARA FALLS By -law No. 2013- A by -law to declare part of Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls as shown on the attached, in the City of Niagara Falls, Regional Municipality of Niagara, 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 Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls as shown on the attached, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013. February 26, 2013. February 26, 2013. CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to designate Block 113, 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 on- street townhouses thereon; AND WHEREAS the owner of the said lands proposes to divide Block 113 into four 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 Block 113, Registered Plan 59M -379, described as Parts 1 to 4 (inclusive) on Reference Plan 59R- 14821, 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 twenty -sixth day of February 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 U: \By- Laws\2013 By -laws \130226 \BLock 113 PLC By- Iaw.wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 79 -200, to rezone the Lands to a site - specific R5A zone to permit the conversion of an existing building to a 30 unit apartment dwelling (AM- 2012 -002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R5A zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 230 square metres for each dwelling unit (b) Minimum rear yard depth 8 metres (c) Maximum lot coverage 37% (d) Minimum number of required parking 1.17 parking spaces for each spaces dwelling unit (e) Parking in front yard required parking may be provided in the front yard without the need for a decorative wall or landscaped berm (f) The balance of regulations specified for a R5A use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. -2- 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet C4 of Schedule "A" of By -law No. 79- 200 by redesignating the Lands from R2 to R5A and numbered 980. 10. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.980 Refer to By -law No. 2013 - Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:\ZONING\ AM S\20 12\13y- taws \Byam002a. wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 79 -200, to rezone the Lands OS for park purposes only (AM -2012- 002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No.79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be a public park and accessory uses and structures. 5. The regulations governing the permitted uses shall be the regulations specified for an OS use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet C4 of Schedule "A" of By -law No. 79- 200 by redesignating the Lands from R2 to OS and numbered 981. 10. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.981 Refer to By -law No. 2013 - Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:+ ZONING \AMS \2012y By-laws \Byam002b.wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 79 -200, to rezone the Lands GC to permit the expansion of an adjoining parking lot (AM- 2012 -002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the '`Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No.79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a GC zone. 5. The regulations governing the permitted uses shall be the regulations specified for a GC use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet C4 of Schedule "A" of By -law No. 79- 200 by redesignating the Lands from R2 to GC. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S^ ZONING \AMS`,2012yBy- Iaws`Byam002c.wpd CITY OF NIAGARA FALLS By -law No. 2013- A by -law to amend By -law No. 2008 -107, which amended By -law No. 79 -200, to permit 8,400 square metres of retail stores with minimum gross leasable floor areas of 1,390 square metres and to permit a reduction in aisle widths on lands zoned SC -832 (AM- 2012 -015). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2008 -107 is amended by deleting clauses (q), (r) and (s) of section 2, inserting the following and renumbering accordingly: "(q) Maximum total aggregate gross leasable floor area of all retail stores, with individual gross leasable floor areas less than 1,390 square metres, other than a department store or a home improvement store on the lands described in section 1 of this by -law and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached hereto together with the land described in section 1 of By -law No. 2008 -108 and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached thereto (r) Maximum total aggregate gross leasable floor area of all retail stores, with individual gross leasable floor areas greater than 1,390 square metres, other than a department store or a home improvement store on the lands described in section 1 of this by -law and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached hereto together with the land described in section 1 of By -law No. 2008 -108 and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached thereto (s) Parking requirements for all uses, save and except for a hotel, motel, and place of worship 7,000 square metres 8,400 square metres 1 space per 23 square metres of gross leasable floor area (t) Parking requirements for a hotel, in accordance with Table 1 of clause motel and place of worship (a) of section 4.19.1 of By -law No. 79- 200 -2- (u) Notwithstanding the minimum perpendicular width of a manoeuvreing aisle contained in clause (e) of section 4.19.1 of By -law No. 79 -200, the minimum perpendicular width of a manoeuvreing aisle Passed this twenty -sixth day of February, 2013. 6.1 metres" DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:\ ZONING \ANIS\2012 \By- laws\Byam015.wpd CITY OF NIAGARA FALLS By -law No. 2013- A by -law to amend By -law No. 2008 -108, which amended By -law No. 79 -200, to permit 8,400 square metres of retail stores with minimum gross leasable floor areas of 1,390 square metres and to permit a reduction in aisle widths on lands zoned SC -833 (AM- 2012 -015). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2008 -108 is amended by deleting clauses (o), (p) and (q) of section 2, inserting the following and renumbering accordingly: "(o) Maximum total aggregate gross leasable floor area of all retail stores, with individual gross leasable floor areas less than 1,390 square metres, other than a department store or a home improvement store on the lands described in section 1 of this by -law and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached hereto together with the land described in section 1 of By -law No. 2008 -107 and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached thereto (p) (q) Maximum total aggregate gross leasable floor area of all retail stores, with individual gross leasable floor areas greater than 1,390 square metres, other than a department store or a home improvement store on the lands described in section 1 of this by -law and shown hatched and designated SC and numbered 833 on the plan Schedule 1 attached hereto together with the land described in section 1 of By -law No. 2008 -107 and shown hatched and designated SC and numbered 832 on the plan Schedule 1 attached thereto Parking requirements for all uses, save and except for a hotel, motel, and place of worship 7,000 square metres 8,400 square metres 1 space per 23 square metres of gross leasable floor area (r) Parking requirements for a hotel, in accordance with Table 1 of clause motel and place of worship (a) of section 4.19.1 of By -law No. 79- 200 -2- (s) Notwithstanding the minimum perpendicular width of a manoeuvreing aisle contained in clause (e) of section 4.19.1 of By -law No. 79 -200, the minimum perpendicular width of a manoeuvreing aisle Passed this twenty-sixth day of February, 2013. 6.1 metres" DEAN IORFIDA, CITY CLERK JAMES M. D1ODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:\ZONING\AMS\2012 \By- laws \Byam015 b. wpd CITY OF NIAGARA FALLS By -law No. 2013- A by -law to amend By -law No. 79 -200, to change the zoning of the Lands to a site specific R2 zone, to add a bed and breakfast to the list of permitted uses and to allow one tandem parking space (AM- 2012 -016). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in an R2 zone (b) Bed and breakfast 5. The regulations governing the permitted uses shall be: (a) Minimum number of parking 1 spaces for each guest room in a bed and breakfast (b) Maximum number of tandem 1 parking spaces allowed for a one family detached dwelling and a bed and breakfast (c) Maximum number of guest 3 rooms (d) The balance of regulations specified for an R2 use 6. For the purposes of this by -law the following definitions shall apply: "Bed and breakfast" means an establishment that provides guest rooms and breakfast to the travelling and vacationing public within a one family detached dwelling that is the principal residence of the proprietor of the establishment. -2- "Guest room" means, a room or suite of rooms containing at least one bed for the exclusive use of a customer, but does not have separate kitchen facilities for the exclusive use of the customer. Adjoining rooms capable of being rented individually will be counted individually and not as a suite of rooms. 7. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by -law shall be shown on Sheet D4 of Schedule "A" of By -law No. 79- 200 by numbering the Lands 976. 11. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.976 Refer to By -law No. 2013 - Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:\ ZONING \AMS\2012\By- Iaws\Byam016.wpd SCHEDULE 1 TO BY -LAW No. 2013- Subject Land Amending Zoning By -law No. 79 -200 Description: Lt 121 PI 307 Niagara Falls; Lt 122 PI 307 Niagara Falls; City of Niagara Falls Applicant: Alberto Ruiz Migoya Assessment #: 272502001105300 K: \GIS_ Requests \2012\ Schedule \ZoningAM \AM- 17 Von ing.map AM- 2012 -016 January 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 79 -200, to permit an amusement establishment on the Lands and exempt this use from parking requirements (AM- 2012 -017). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) The uses permitted in a TC zone; and (b) Amusement establishment 5. The regulations governing the permitted uses shall be: (a) Parking and access requirements none for an Amusement establishment (b) The balance of regulations specified for a TC use 6. For the purposes of this by -law the following definitions shall apply: "Amusement establishment" means a building or part thereof within which more than three amusement game machines and /or billiard/pool tables and/or bowling lanes are available to the public. "Amusement game machine" means a mechanical, electrical, or electronic device, including pool tables, activated by the insertion of a coin or token or other revenue collection device for the play of a game of chance and/or skill that is not contrary to the Criminal Code of Canada. 7. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. -2- 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by -law shall be shown on Sheet D4 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 977. 11. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.977 Refer to By -law No. 2013- Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:\ZONING\AMS\20 l2\By- laws\Byam017.wpd SCHEDULE 1 TO BY -LAW No. 2013- Subject Land Amending Zoning By -law No. 79 -200 Description: Pt Lt 106 PI 1002 Town Of Niagara Falls As In R089801 Except The Easement Therein; S/T BB41484; Niagara Falls Applicant: C. I. Burland Properties Limited Assessment #: 272503000201700 K: \GIS_Requests\ 2012\ Schedule \ZoningAM\AM- 17\Zoning. ma p AM- 2012 -017 January 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 79 -200, to permit an amusement establishment on the Lands and exempt this use from parking requirements (AM- 2012 -017). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) The uses permitted in a TC zone; and (b) Amusement establishment 5. The regulations governing the permitted uses shall be: (a) Parking and access requirements none for an amusement establishment (b) The balance of regulations specified for a TC use 6. For the purposes of this by -law the following definitions shall apply: "Amusement establishment" means a building or part thereof within which more than three amusement game machines and /or billiard /pool tables and/or bowling lanes are available to the public. "Amusement game machine" means a mechanical, electrical, or electronic device, including pool tables, activated by the insertion of a coin or token or other revenue collection device for the play of a game of chance and /or skill that is not contrary to the Criminal Code of Canada. 7. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. -2- 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by -law shall be shown on Sheet D4 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 978. 11. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.978 Refer to By -law No. 2013- Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:\ZONING\AMS\2012 \By- laws \Byam017b. wpd SCHEDULE 1 TO BY -LAW No. 2013- Subject Land '.56m 4 1O ` �sh 15.00m Amending Zoning By -law No. 79 -200 Description: Pt Lt 102 PI 1002 Town Of Niagara Falls; Pt Lt 106 PI 1002 Town Of Niagara As In BB37046 & AA9807 Except RO472717 & BB12058; Niagara Falls Applicant: Niagara Clifton Motor Inn Limited Assessment #: 272503000201900 K: \GIS_Req uests\ 2012 \Schedule \ZoningAM \AM -17 \Zoning. map AM- 2012 -017 January 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 79 -200, to permit the construction of a four storey, 160 unit apartment dwelling (AM- 2012 -018). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No.79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200, to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted by a R5C zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 89 square metres for each dwelling unit (b) Minimum rear yard depth 7.5 metres (c) Minimum interior side yard width 7.5 metres (d) Permitted encroachments an open balcony may encroach into the required exterior yard a distance of not more than 2.5 metres (e) Maximum lot coverage 42% (f) Maximum height of building or 15.5 metres subject to section 4.7 of structure By -law No. 79 -200 (g) Minimum landscaped open space 36% of the lot area (h) The balance of regulations specified for a R5C use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. -2- 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet E6 of Schedule "A" of By -law No. 79- 200 by redesignating the lands from DTC, in part, and TC, in part, to R5C and numbered 979. 10. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.979 Refer to By -law No. 2013- . Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 S:\ ZONINGAMS\2012 \By- Iaws\Byam018. wpd SCHEDULE 1 TO BY -LAW No. 2013- Subject Lands Amending Zoning By -law No. 79 -200 Description: Pt Lt Oliver Tiffany Macklem Potato Field N/S Macklem St, PI 251 Village of Chippawa; Pt Oliver Tiffany Macklem Garden Lt N/S Macklem St, PI 251 Village of Chippawa as in R0579581; Niagara Falls Pt Oliver Tiffany Macklem Garden Lt N/S Macklem St, PI 251 Village of Chippawa as in R0460653; Description may not be acceptable in future as in R0460653; Niagara Falls Pt Lt 37 E/S Bridgewater St, PI 251 Village of Chippawa; Pt Lt 5 E/S Bridgewater St, PI 251 Village of Chippawa; Pt Lt R. A. N/S Macklem St, PI 251 Village of Chippawa as in R0654982; Niagara Falls Lt 3 N/S Macklem St, PI 251 Village of Chippawa; Lt 4 N/S Macklem St, PI 251 Village of Chippawa; Pt Lt R. A. N/S Macklem St, PI 251 Village of Chippawa; Pt Lt 37 E/S Bridgewater St, PI 251 Village of Chippawa; Pt Lt 5 E/S Bridgewater St, PI 251 Village of Chippawa as in R0730275; Description may not be acceptable in future as in R0730275; Niagara Falls Pt Lt Oliver Tiffany Macklem Potato Field N/S Macklem St, PI 251 Village of Chippawa as in BB85635; Niagara Falls Pt Lt Oliver Tiffany Macklem Potato Field N/S Macklem St, PI 251 Village of Chippawa as in CH3337; Niagara Falls Applicant: H2O Front Developments LP Assessment #: 272512000905300, 272512000905100, 272512000904900, 272512000904800, 272512000907800, 272512000907700 K: \GIS_Req uests \2012 \Sched u le \Zon ingAM\AM -18 \Zoning. ma p AM -2012 -018 February 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by law to delegate to the Regional Municipality of Niagara the power to prohibit or regulate the harvesting, destruction or injuring of a significant tree on private lands within the City of Niagara Falls. WHEREAS Section 135(10) of the Municipal Act, S.O. 2001, c. 25, as amended provides that the Council of a lower tier municipality may delegate all or part of its power to pass a by law respecting the destruction or injuring of trees to its upper tier municipality with the agreement of the upper tier municipality; and WHEREAS pursuant to Sections 135(2) of the Municipal Act, S.O. 2001, c. 25, the Regional Municipality of Niagara has passed By law 47- 2006 being a By law to prohibit or regulate the harvesting, destruction or injuring of trees in woodlands or trees of heritage or community significance in the Regional Municipality of Niagara; and WHEREAS Regional By law 47 -2006 applies to any Heritage Trees and Significant Community Trees identified and designated by the Council of an Area Municipality upon delegation of such authority by an Area Municipality to the Region; and WHEREAS on November 13, 2012 Niagara Falls City Council adopted report PD- 2012 -21, Consent Agenda, Recreation and Culture, recommending protection of the red oak tree situated on 6181 Corwin Avenue; and WHEREAS the Council of the Corporation of the City of Niagara Falls considers the 150 -175 year old red oak tree to be of community significance and worthy of protection. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The authority of the Corporation of the City of Niagara Falls to prohibit or regulate the destruction or injuring of the red oak tree, of which the majority of the tree stem is situated on the lands at 6181 Corwin Avenue as shown on Schedule "1" pursuant to Section 135(10) of the Municipal Act, S.O. 2001, c. 25, as amended is hereby delegated to the Regional Municipality of Niagara. 2. That this by law shall come into force on the day upon which it is passed. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR. First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 6181 Corwin Avenue - Niagara Falls, Ontario Red Oak (Quercus Ruba) Diameter at breast height (DBH) 1,227mm 48.3" Height 21.9m 72' Canopy width at widest section 25.1m 82.5' Canopy width at narrowest section 20.1 m 66' Average canopy width 22.6m 74.2' Estimated age 105 - 175 years Health and condition Good - Excellent Information provided by: Bill Buchanan, HBScForestry ISA Board Certified Master Arborist NY-0392B P: 905 - 892 -6579 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2013 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Sylvia PI. East Ferry St. and a point 31 m South At any time and a point 52 m further South. Sylvia PL West Ferry St. and a point 67 m South At any time Sylvia PI. East Peer St. and a point 6 m North At any time (2) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Sylvia Place East A point 31 metres south of Ferry Street and At All Times a point 125 metres south of Ferry Street Sylvia Place East Peer Street and a point 15 metres north At All Times of Peer Street This By -law shall come into force when the appropriate signs are installed. -2- Passed this twenty sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the execution of an Agreement with United Steel Workers Local 14241 respecting the Adopt -A- Street public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated February 26, 2013 and made between United Steel Workers Local 14241 as Volunteers and the Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street public service program for volunteers to be responsible for litter pick up. weed pulling, etc., specifically along Cattell Drive between Willoughby Drive and Lamont Avenue, as attached hereto, is hereby approved and authorized. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty -sixth day of February 26, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 THIS AGREEMENT made this 26`" day of February, A.D., 2013. BETWEEN: United Steel Workers Local 14241 Hereinafter called the "Volunteers" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the SECOND PART; WHEREAS the City's Adopt -A- Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule `B" attached hereto. 3. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands. for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Program. 5. The City shall confirm the specific section of a City Street, Park, Walkway and/or Trail to be adopted by the Volunteers. The it.y shall provide safety iiiu.iatuioi, trash bags, g1J V and vests to the Volunteers upon receiving notice prior to the beginning of a clean up. 7. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Street, Park, Walkway and /or Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter - productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 8. The City shall remove and dispose of filled trash bags following the clean up at a designated location. 9. The City shall remove litter such as large, heavy, or hazardous items that have been indicated by the Volunteers for pick up by the City. 10. The City shall monitor activities of the Adopt -A- Program to ensure that objectives of the program are being met. 11. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Program signs. 12. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 13. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Volunteers: United Steel Workers Local 14241 8267 Lamont Avenue Niagara Falls, ON L2G 7L4 Attention: Dylan Shannon Telephone: 289 271 2956 Mobile: 289 686 3467 Email: uswlocal14241 @,gmail.com The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, ON L2E 6X5 Attention: Acting Director of' Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 14. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 1 5. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of ) ) ) ) ) Name: ►, ylan Shannon ) ) ) ' ame: athan ' ieg ) ) ) Name: ) ) Name: ) ) Name: ) ) ) Name: ) ) ) Name: ) ) )Name: ) ) ) Name: ) ) Name: ) ) ) Name: ) ) ) THE CORPORATION OF THE CITY ) OF NIAGARA FALLS ) ) ) Name: James M. Diodati ) Title: Mayor ) ) ) Name: Dean lorfida ) Title: City Clerk SCHEDULE "A" to an Agreement dated the 26th day of February, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street: Cattell Drive between Willoughby Drive and Lamont Avenue. SCHEDULE "B" to an Agreement dated the 26th day of February, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical /first aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Street, Park, Walkway and /or Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Acting Director of Recreation & Culture or his /her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only on the adopted Street, Park, Walkway and /or Trail. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians. bridges in tunnels. on overpasses, or around other structure or locations that could pose a danger. 8. clean up. The Volunteers shall wear clothing that will not impair vision or movement during 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Acting Director of Recreation & Culture or his /her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Program clean up day unless it is renewed. S. Park In the CitvtAdopt A - Programs' 'Agreements 2013 'United Steel Workers Local 14241'1Adopt -A- Program Agreement - United Steel Workers Local 1424 1 wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the execution of an Agreement with the Steckley Family and Friends respecting the Adopt -A- Street public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated February 26, 2013 and made between the Steckley Family and Friends as Volunteers and the Corporation of the City of Niagara Falls as City, respecting the Adopt - A- Street public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically along McGarry Drive between Garner Road and Kalar 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 seal thereto and to deliver the said Agreement. Passed this twenty -sixth day of February 26, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 THIS AGREEMENT made this 26th day of February, A.D., 2013. BETWEEN: The Steckley Family and Friends Hereinafter called the '`Volunteers" of the FIRST PART; -and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the SECOND PART; WHEREAS the City's Adopt -A- Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule ``A" attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule `B" attached hereto. 3. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands. costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for. sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions. causes of actions, claims and demands. for damages, loss, injury, or obligations or Liabilities of any kind which heretofore may have been or may hereafter he sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Program. 5. The City shall confirm the specific section of a City Street, Park, Walkway and; or Trail to be adopted by the Volunteers. 6. The City shall provide safety information, trash bags, gloves and vests to the Volunteers upon receiving notice prior to the beginning of a clean up. 7. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Street, Park, Walkway and /or Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter- productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 8. The City shall remove and dispose of filled trash bags following the clean up at a designated location. 9. The City shall remove litter such as large, heavy, or hazardous items that have been indicated by the Volunteers for pick up by the City. 10. The City shall monitor activities of the Adopt -A- Program to ensure that objectives of the program are being met. 11. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Program signs. 12. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 13. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Vohmteers: The Steckley Family and Friends 6547 St. Michael Avenue Niagara Falls, ON L2H 006 Attention: Sonia & Collyn Steckly Telephone: 289 296 4059 Email: csteckleyd..cogeco.ca The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, ON L2E 6X5 Attention: Acting Director of Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 14. Any such notice, if mailed. shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of ) Ij ) Name: Sonia Steckley 1 ) ) ) ) Name: Collyi-Sckley Name: ) Name: ) Name: ) ) Name: ) Name: )Name: ) Name: ) Name: ) ) Name: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: James M. Diodati Title: Mayor Name: Dean Iortida Title: City Clerk SCHEDULE "A" to an Agreement dated the 26th day of February, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street: McGarry Drive between Garner Road and Kalar Road. ER ^CAtQ% WESTPORT rC%R SCHEDULE "B" to an Agreement dated the 26th day of February, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Volunteers shalt make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medicatr'tirst aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Street, Park, Walkway and /or Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass. plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Acting Director of Recreation & Culture or his/her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only on the adopted Street. Park. Walkway and /or Trail. 7. The Volunteers shalt not pick up litter along any vehicular travelled road surface. tnedians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8. clean up. The Volunteers shall wear clothing that will not impair vision or movement during 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms. etc.) 1 Z. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Acting Director of Recreation & Culture or his /her designate and the Authorized Group Representative. 17. The Volunteers shall notiry the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Program clean up day unless it is renewed. S- Park in the Cu, Adopt ;A - Programs Agreements 20 I 3 The Steeklev Family and Friends Adopt- A- Proa�ram Agreement - The Steekley Famd■ and Friends.wcpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the payment of $23,635,134.26 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning January 4, 2013 to January 30, 2013. Passed this twenty -sixth day of February 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to declare Parcel A -1 Section M -78; Part of Block A Plan M -78 designated as Part 6 on Reference Plan 59R -7160, 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 Parcel A -1 Section M -78; Part of Block A Plan M -78 designated as Part 6 on Reference Plan 59R -7160, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013. February 26, 2013. February 26, 2013. CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the execution of an Agreement of Purchase and Sale with Giovanni Merenda, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Giovanni Merenda, as Purchaser, and The Corporation of the City of Niagara Falls, as Vendor, for the property described as Parcel A -1 Section M -78; Part Block A Plan M -78 Niagara Falls designated as Part 6 on Reference Plan 59R- 7160, in the City ofNiagara Falls, in the Regional Municipality ofNiagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013. February 26, 2013. February 26, 2013. AGREEMENT OF PURCHASE AND SALE PURCHASER, Giovanni Merenda , agrees to purchase from VENDOR The Corporation of the Cjly of Niagara Fells , the following REAL PROPERTY: Parcel A -1 Section M78: Part Block A Plan M -78 Niagara Falls designated as Part 6 on Reference Plan 50R -7160: Niagara Falls (the "property") on the fdiowing terms: PURCHASE PRICE: Thaw Thousand Five hundred Dollars and 00 Cents (CDN $3.500.00) DEPOSIT: Purchaser submits Three Hundred Fiftv Dollars and 00 Cents (CDN$ 350.00 ) (HerewithNpon acceptance) cash or negotiable cheque payable to The Vendor, representing 10% of the purchase price, to be held to trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" attached heretoform (s) part of this Agreement. The City makes no representations nor gives any warranties with respect to the suitability or fitness of the property for any use contemplated by the Purchaser nor makes any representations or gives any warranties with respect to the environmental issues or concerns and the Purchaser agrees to accept the property on an as is basis. 1. IRREVOCABILITY: This Offer shall be irrevocable by the Purchaser and may be accepted by the Vendor up to but not after midnight the 28°i day of February, 2013 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. This Offer to Purchase is subject to and conditional upon the Council of The Corporation of the City of Niagara Falls passing a by- law prior to the 28'" day of February, 2013, authorizing its acceptance of this Offer to Purchase the land_ 2. COMPLETION DATE: This Agreement shall be completed by no later than sbkty (60) days after the acceptance of the offer by City Council. The closing date may be extended if mutually agreed. 3_ NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. 4. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor (included in4n addition to) agrees to provide on or before dosing, a certificate that the transaction is not subject to H.S.T. 5. TITLE SEARCH Purchaser shall be allowed 30 days from the date of acceptance hereof to investigate the title at their own expense, and if within that time they shall furnish 2'd b2298S2S36TL9 *:01 g_ Zj 4/ - Zplp 21179 bbl 9Tb DNI Al1HBdi iD H3S:WOdd hb2:TT 2T02- 82 -NHl the Vendor in writing with any valid objection to the title, or to any outstanding worts orders or deficiency notices affecting the property, that the present use of the property may not be lawfully continued, or that the buildings on the property may not be insured against risk of fire, which the Vendor shall be unable or unwilling to remove or correct, and which the Purchaser will not waive, this Offer shall, notwithstanding any intermediate acts or negotiations, be null and void and the deposit money returned to the Purchaser without interest or deduction, and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted title of the Vendor to the real property. 6. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser Is or will be lawful. 7. TITLE 7.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an 'as is, where is basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re -entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. (a) any registered restrictions or covenants that run with the land providing that such are complied with and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility, and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (c) any minor easements for the supply of domestic utility or telephone services to the Property or adjacent properties and which are acceptable to the Purchaser, In its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone Tines, cable television lines or other services which are acceptable to the Purchaser, in its sole and absolute discretion, and which, In the Purchasers view, do not +,2 cIACccAT)'1)M:n1 6)/e Zy zoo -Ib9 bbZ 9Tb 9NI KL1U3d 1703 I S :W0d3 U2: T T ET02- Ba -NFir adversely affect the intended use of the Property. 7.2 The Vendor's title to the Property shall be examined by the Purchaser at its own expense and the Purchaser shah not call for the production of any title deed, abstract of title, survey, proof, evidence of title, certificate of compliance or proof of security, other than those in the Vendor's possession or under its control. Within seven (7) days of the acceptance of this Agreement, the Vendor shall provide the Purchaser with copies of surveys, declarations of possession and environmental reports in the Vendors possession or control or other statutory declarations relating to the Property with originals to be delivered on the Closing Date. 8. ENVIRONMENTAL MATTERS: The Purchaser acknowledges that the Lands are being sold to the Purchaser on an as is° basis with respect to its environmental condition, state of repair, deficiencies and encroachments extending from and onto the Lands. The Vendor does not make any warranties or representation with respect to the physical or environmental condition of the Lands or of any buildings or structures on the Lands, including the condition of the soil or groundwater, both surface and subsurface, the existence of any subsurface installations or existence of any Hazardous Substances in, or under or in the vicinity of the Lands. The Vendor shall have no liabiliity or obligation with respect to the value, state or condition of the Lands or of any buildings or structures on the Lands, environmental or otherwise, whether or not the matter is within the knowledge or imputed knowledge of the Vendor, its officers, employees, agents, representatives, contractors or elected and appointed officials. 'Hazardous Substance(s)' in this section means any contaminant, pollutant, dangerous substance, potentlalty dangerous substance, noxious substance, toxic substance, hazardous waste, flammable materiel, explosive material, radioactive material, ureaformaldehyde foam insulation, asbestos, PCB's, radiation and any other substance, materials, effect or thing declared or defined to be hazardous, toxic, a contaminant, or a pollutant in or pursuant to any applicable federal, provincial or municipal laws, statutes, by -laws, rules regulations, orders or directives. The Purchaser also acknowledges and agrees to release and discharge the Vendor, its officers, employees, agents, representatives, and elected and appointed officials from every claim of any kind that the Purchaser may make, suffer, sustain or incur in regard to Hazardous Substances relating to the Lands. The Purchaser further agrees that the Purchaser will not, directly or indirectly, attempt to compel the Vendor to clean up or remove or pay for the clean up or removal of any Hazardous Substances, remediate any condition or matter in, or under or in the vicinity of the Lands or seek an abatement in the Purchase Price or damages in connection with any Hazardous Substance. This section shall not expire with or be terminated or extinguished by or merged in the Closing Date and shall survive the termination of this Agreement. In this regard, the Purchaser shall executed and deliver a general release to the Vendor on Closing. 9 DOCUMENTS: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Pu aser, Vendor will deliver any sketch or survey of 2 �- - 70( 3 Tb9 bbl 9Tb DNI Al-tied h93N3S :W0dJ l 2: Tt £tL2- 93 -Ndl the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. 10. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 11. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil Conditions, utility services to the Property, fitness for purpose, or zoning and building by-laws. The Property is being sold as is" with the Purchaser being responsible to prepare the Property for the Purchasers purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor, (b) to not object to the dosure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utitity and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 12_ INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement arid have all monies paid returned without interest or deduction 7g 28- 2O/3 - .»oacccac..r i a* n i C'11-79 hb? 911.7 ANT HO3N3S :W0,d3 d92 : T t 2102-82-1101 or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 13. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor compiles with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 14. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Vendor, 15. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non- residency provisions of the Income Tax Act by reason of this sale. Purchaser shell not claim such credit if Vendor delivers an completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 15. ADJUSTMENTS: Any rents, mortgage Interest, realty taxes Including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 17. TIME UMITS: Time shall in ail respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 18. TENDER: Any tender of documents or money hereunder may be made upon the Solicitor acting for either party on whom tender is desired and it shall be sufficient that money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 19. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 20. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred to In connection with this transaction. 21. AGREEMENT IN WRITING: If there is conflict between any provision written or typed 9'd b2298S2S06TL9 *:01 zg.J/94 -20/� 21179 bbl 9Tb 9NI UD3N8S:NOdd d92:TT £102- 82 -N1f in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shalt supersede the printed provision to the extent of such conflict_ This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 22. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED ATi%Z0n/TO this day of —I 2013 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereu set my han seal: DATE g �An/ Z p/ 3 /tines . Purchaser) ser DATE Witness (Purchaser) Purchaser The undersigned accepts the above offer and its terms and covenants and promises and agrees to en with the above -named Purchaser to duly carry out the same on the terms and conditions above mentioned, and hereby accepts the deposit of _Two Hundred and Fifty Dollars and zero cents DOLLARS ($_250.00_). THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE (Vendor) James M. Diodati, Mayor (Seal) DATE (Vendor) Dean Iodide, City Clerk (Seal) DATED AT Niagara Falls this day of 2013 Z g- J /94 - 20/3 L'd b2298S2S061L9, * :O1. 2Tb9 bbl 9Tb DNI Al1FJ3d tJ93N3S:WOdd W.2:TT £T02- 82 -NHl 1 iN is is bi A SCHEDULE "A" 0 t n 3 GLIM o>m.: q'1 30GliYM W 0.0 •u-.. •049.00.0, • •sr 3 . f .96 0.9 • !LL-i1t 09L99f 15rµ i e/R r-- 011a • iu,• •109 • 0. w A 0g — J R�9.9 as 0.-001 0.p 1 J 01 2 Y uI Y` s ti k z. 0.^Z, i u i u J i !<,t7ci t, z' 73]IM: ___ 9µs sotn.6•r c l j %B 1 d, 3 4099.10 1 • • aza r ▪ tv 1 Ctr_ ti Q. A y c II aIA0 a• ] .07 .00,p• 7 W-•• ale t La r•w• =. . 1 •-+yv 11016► Z isaa -J P h t 0.000 \ J 1-0.011 romilv3. swiss 00- .uwc.ea a T--- fli,0141 H -sw4MM IJMR.f; .. I — '1 0-1 lN. 4 os R' d 172298S2S06T L 9:* -01 2T79 bbl 9Tb DNI ,ll1U3d UD3N3S: W02JJ OL2: T T £T02- 82 -NUf CITY OF NIAGARA FALLS By -law No. 2013- A by -law to authorize the execution of an Agreement of Purchase and Sale with Morgan Commemorative Services Limited, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Morgan Commemorative Services Limited as Purchaser, and The Corporation of the City of Niagara Falls, as Vendor, for the property described as part of Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls as shown on the attached, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013. February 26, 2013. February 26, 2013. CITY OF NIAGARA FALLS By -law No. 2013- A by -law to authorize the execution of an Agreement of Purchase and Sale with Stamford Kiwanis Non - Profit Homes Inc., respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Stamford Kiwanis Non - Profit Homes Inc.as Purchaser, and The Corporation of the City of Niagara Falls, as Vendor, for the property described as part of Lot 6 north side Barker Street Plan 653 abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls as shown on the attached, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013. February 26, 2013. February 26, 2013. AGREEMENT OF PURCHASE A'ND SALE PURCHASER STAMFORD KIWANIS NON- PROFIT HOMES INC. offers to buy from VENDORS THE C ORPORATION OF THE CITY OF NIAGARA FALLS the following PROPERTY: fronting on the side of Barker Street known municipally as Barker Street in the City of Niagara Falls . in the Regional Municipality of Niagara described as See attached sketch sketch for Site Plan and being part of PIN 64354 -0037 LT at the PURCHASE PRICE OF FOUR HUNDRED & FIFTY THOUSAND 00/100 Canadian Dollars (SCan 450.000.00 on the following terms: Purchaser submits with this offer ONE THOUSAND Dollars (51.000.00 ) by certified cheque payable to the Vendor's Solicitor to be held in trust without interest as a deposit pending completion of this Agreement and to be credited towards the Purchase Price on completion. Purchaser agrees to pay the balance of the purchase price in cash or by certified cheque. subject to adjustments, to the vendor on closing. SCHEDULE(S): attached hereto form(s) part of this Agreement. 3. FIXTURES EXCLUDED: Purchaser and Vendor agree that all existing fixtures are included in the purchase price except those listed hereunder: N/A 4. CHATTELS INCLUDED: The following chattels are included in the purchase price: N/A 5. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Purchaser agrees to assume the rental contract(s), if assumeable: N/A 6. IRREVOCABILITY: Purchaser agrees that this Offer shall be irrevocable by him until 11:59 (acm. /p.m.) on the .2C day of February , 2011 after which time if not accepted, this Offer shall be null and void and the deposit shall be returned to Purchaser in full without interest. COMPLETION DATE: This:: Agreement shall be completed no later than 6:00 p.m. on SEE SCHEDULE -A -. Upon completion. vacant possession of the property shall be given to Purchaser unless otherwise provided for in this Agreement. 8. TITLE SEARCH: Purchaser shall be allowed until five days prior to closing (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Offer are fulfilled or otherwise waived or; (ii) five days prior to completion. to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property. that its present use SEE SCHEDULE "A" may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. GST/HST: If this transaction is subject to Goods and Services Tax (GST) or Harmonized Sales Tax (HST), then such tax shall be included in the Purchase Price. The Vendor will not collect GST /HSTif the Purchaser provides to the Vendor a warranty that the Purchaser is registered under the Excise Tax Act ( "ETA "), together with a copy of the Purchaser's ETA registration, a warranty that the Purchaser shall self - assess and remit the GST/HST payable and file the prescribed form and shall indemnify the Vendor in respect of any GST/HST payable. The foregoing warranties shall not merge but shall survive the completion of the transaction. If this transaction is not subject to GST.-'HST, Vendor agrees to certify on or before closing, that the transaction is not subject to GST'HST. 10. TITLE: Provided that the title to the property is good and free from all restrictions, charges. liens, claims and encumbrances, except as otherwise specifically provided in this Agreement, and save and except for: (a) any registered restrictions or covenants that run with the land, provided that such are complied with. (b) any registered agreements with a municipality or a supplier or utility service including, without limitation. electricity water, sewage, gas, telephone or cable television or other municipality or utility supplier; and (c) any minor easements for the supply of utility service to the property or to adjacent properties. If within the time for examination the title any valid objection to title, or any outstanding work order or deficiency notice, or to the fact that the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire. is made in writing to Vendor or Vendor's solicitor, which Vendor is unable or unwilling to remove, remedy or satisfy. and which Purchaser will not waive. this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections. shall be at an end, and all money theretofore paid shall be returned without interest or deduction and Vendor and his Agents shall not be liable for any costs or damages. Save as to any valid objection so made within such time, and except for any objection going to the root of title. Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. Vendor hereby consents to the municipality releasing to Purchaser details of all outstanding work orders or deficiency notices affecting the property. and Vendor agrees to execute and deliver to Purchaser or his solicitor such further authorizations in this regard as Purchaser may reasonable require. 11. CLOSING ARRANGEMENTS: Where each of the Vendor and Purchaser retain a lawyer to complete the Agreement of Purchase and Sale of the property, and where the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O.. 1990, Chapter L4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the exchange of closing funds, non - registrable documents and other items (the "Requisite Deliveries ") and the release thereof to the Vendor and Purchaser will (a) not occur at the same time as the registration of the transfer /deed (and any other documents intended to be registered in connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms ofa document registration agreement between the said lawyers, the form of which is as recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to be the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both lawyers. 12 INSPECTION: Purchaser acknowledges having inspected the property prior to submitting this Offer and understands that upon Vendor accepting this Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor. 13. FUTURE USE: Vendor and Purchaser agree that there is no condition, express or implied. representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 14. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. Vendor agrees that if requested by the Purchaser; he will deliver any sketch or survey of the property in his possession or within his control to Purchaser as soon as possible and prior to the last day allowed for examining title. In the event that a discharge of any mortgage or charge held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union or Insurance Company and which is not to be assumed by the Purchaser on completion. the Purchaser agrees to accept the Vendor's solicitor's personal undertaking to obtain, out of the closing funds. a discharge or cessation of charge in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion the Vendor shall provide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by the Vendor directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on completion. 15. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion, Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies theretofor paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a mortgage or a charge. or Purchaser is assuming a mortgage or a charge, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect the Vendor's or other mortgagee's interest on completion. 16. PLANNING ACT: Provided that this Agreement shall be effective to create an interest in the property only if the subdivision control provisions of The Planning Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 17. RESIDENCY: Purchaser shall be credited towards the Purchaser Price with the amount if any, which it shall be necessary for Purchaser to pay to the Minister of National Revenue in order to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or his statutory declaration that he is not then a non - resident of Canada. 18. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable. shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Purchaser. 19. DOCUMENT PREPARATION: The TransferDeed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Vendor. and any mortgage or charge to be given back by the Purchaser to the Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the TransferiDeed to be delivered on completion shall contain the statements contemplated by Clause 49(21a)(a). (b) and (c) of The Planning Act, 1983. 20. TI.ME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who may be specifically authorized in that regard. 21. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day set for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 23. UFFI: The Vendor represents and warrants to the Purchaser that during the time the Vendor has owned the property, the Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of the Vendor's knowledge no building on the property contains insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 24. CONSUMER REPORTS: The purchaser is hereby notified that a consumer report containing credit andlor personal information may be referred to in connection with this transaction. 25. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule to this Agreement) and any provision in the printed portion hereof the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedules attached hereto, shall constitute the entire Agreement between the Purchaser and Vendor. There is no representative. warranty. collateral agreement or condition, whether direct or collateral or expressed or implied, which induced any party hereto to enter into this Agreement or on which reliance is placed by any such party. or which affects this Agreement or the property or supported hereby, other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 26. SUCCESSORS AND ASSIGNS: The heirs, executors. administrators, successors and assigns of the undersigned are bound by the terms herein. DATED at ' .9a 9 /�� X this 7 dav of FEBRUARY SIGNED, SEALED AND DELIVERED in the presence of: E1�� J Witness Witness . 2013 IN WITNESS whereof I have hereunto set my hand and seal: STAMFORD KIWANIS NON- PROFIT HOMES NC. BY SHABRI PROPERTY MANAGEMENT INC. DATE ( ✓J 7/3 Per: ,'s cKeown Purchaser Purchaser DATED at St. Catharines. Ontario this dav of February . 2013- DATE IN WITNESS whereof 1 have hereunto set my hand and seal: SIGNED, SEALED AND DELIVERED ) The Corporation of the City of Niagara Falls in the presence of: ) Witness Witness ) Name: James M. Diodati MAYOR ) Name: Dean Iorfida ) CITY CLERK DATE DATE VENDOR'S SOLICITOR Kenneth Beaman PURCHASER'S SOLICITOR Robert E. Corbett City of Niagara Falls' Solicitor McBumev. Durdan. Henderson & Corbett ADDRESS 4310 Queen Street. Niagara Falls. ON L2E 6X5 ADDRESS 4759 Queen Street, Box 177. Niagara Falls. ON L2E 6T3 TELEPHONE NO. 905- 356 -7521 TELEPHONE NO. 905-356-4511 SCHEDULE "A" TO AN AGREEMENT OF PURCHASE AND SALE BETWEEN STAN1FORD KIWANIS NON- PROFIT HOMES LNC. as purchasers and THE CORPORATION OF THE CITY OF NLAGARA FALLS as vendors THIS OFFER IS CONDITIONAL upon the Committee of Adjustment, City ofNiagara Falls approving the re- zoning of the property to an R -5 zoning allowing approximately 30 apartment units to be constructed on the site. The re- zoning application shall be submitted by The Corporation of the City of Niagara Falls. The Corporation of the City of Niagara Falls shall be responsible for the submission of the Re- Zoning Application, all costs related thereto and all costs to obtain a survey of the subject lands. THE CLOSING DATE shall be 60 days after granting of Re- zoning Application and expiration of any appeal period regarding the granting of the Re- Zoning, it being the intent that the date of completion will be on or before December 31, 2013 subject to agreed upon extensions. CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the execution of a Licence Agreement with the Niagara Catholic District School Board, respecting the use of City -owned lands for parking and the placement of portable classroom units. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Agreement made between the Niagara Catholic District School Board and The Corporation of the City of Niagara Falls, respecting the use of part of Block C Plan NS 28 Niagara Falls; part of Block A Plan NS38 Niagara Falls; part of Block D Plan NS38 Niagara Falls, for parking purposes and for the placement of portable classroom units, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013. February 26, 2013. February 26, 2013. THIS LICENCE AGREEMENT made this day of September, 2012. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Licensor' - and - NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Hereinafter referred to as the "Licensee" OF THE FIRST PART; OF THE SECOND PART. WHEREAS the Licensor is the owner of the lands known as L.B. Pearson Park located at 3031 Dorchester Road, Niagara Falls, which lands are more particularly described in Schedule "A" attached hereto; AND WHEREAS the Licensee is the owner of lands known as Mary Ward Catholic School located at 2999 Dorchester Road. which lands are more particularly described in Schedule `B" attached hereto; AND WHEREAS the Licensee requires additional parking spaces upon the lands abutting 2999 Dorchester Road, which lands are more particularly described in Schedule `B" attached hereto; AND WHEREAS the required off site parking is to be located in L.B. Pearson Park; AND WHEREAS the Licensor has agreed to allow the Licensee to construct a parking lot in L.B. Pearson Park (hereinafter referred to as the "Pearson Park Parking Lot "); AND WHEREAS the licensee has located three portable buildings such that the buildings straddle the boundary between these Schedule "A" and Schedule `B" lands as illustrated in Schedule "C" attached hereto; AND WHEREAS the licensor has agreed to allow the three portable buildings to remain located as illustrated in Schedule "C" attached hereto; -2- AND WHEREAS the lands of the licensor that are the subject of this license are illustrated as Parts 1 and 2 on Plan 59R — 7921 of the Land Registry Office for the Land Registry Division of Niagara South (No. 59) a copy of which is attached to this license agreement as schedule "D" attached hereto: NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant, Term and Fee 1.1 The Licensor agrees to grant to the Licensee a licence for the use of a portion of L.B. Pearson Park as a parking lot, such parking lot more specifically shown hatched on the sketch attached hereto and the right to locate and maintain three portable buildings in the locations illustrated in Schedule "C "together with all appurtenant rights of access required to use and service the three portable buildings, for a term of one ( 1 ) year commencing on the I" day of April, 2012 and terminating on the 31" day of March , 2013. 1.2 Notwithstanding the foregoing, this Licence Agreement shall be deemed to be automatically extended from year to year from the present or any future termination date hereof, unless at least 30 days prior to any such date, the Licensor notifies the Licensee that it elects not to consider this Licence Agreement extended for any additional period. 1.3 The Licensee shall pay to the Licensor an annual licence fee in the amount of TWO DOLLARS ($2.00), payable in advance on the Licence commencement day and on each anniversary of the Licence commencement day, if applicable. 1.4 Either the Licensor or the Licensee shall have the option to terminate this Licence Agreement, upon at least 30 days notice in accordance with the provisions of paragraph 4.1 hereof. 2. Terms and Conditions of Use 2.1 The Licensee accepts the existing Pearson Park Parking Lot in an "as is" condition. 2.2 The Licensee covenants to use the Pearson Park Parking Lot for the purpose of parking One Hundred and Seven (107) passenger (non- commercial) vehicles_ 2.3 The Licensee acknowledges and agrees that at all times, all patrons of L. B. Pearson Park shall have the right to enter and use the Pearson Park Parking Lot. 2.4 No building, structure, fence or other fixture shall be erected by the Licensee on the Pearson Park Parking Lot. 2.5 All supply and placing of stone, landscaping and Lighting shall be undertaken and carried out at the sole cost and expense of the Licensee. -3- 2.6 The Licensee shall protect the survey monuments describing L.B. Pearson Park and ensure, at the Licensee's own expense, that all such survey monuments are properly in place upon the termination of this Agreement. 2.7 The Licensee agrees that it shall not assign or transfer this Licence Agreement without the prior written consent of the Licensor, which consent shall not be unreasonably withheld. 2.8 The Licensee covenants and agrees with the Licensor to maintain the Pearson Park Parking Lot at all times in a good and proper repair and condition, including grading, satisfactory to the Licensor's Director of Municipal Works. 2.9 The Licensee agrees to keep the Pearson Park Parking Lot in a clean and tidy condition and not permit waste paper, garbage, ashes or waste or other objectionable material to accumulate thereon. 2.10 The Licensee agrees to be responsible for all snow removal from the Pearson Park Parking Lot. 2.11 The Licensee agrees that it will use the Pearson Park Parking Lot for automobile parking only and will not wash, polish or repair automobiles on the Pearson Park Parking Lot nor use same for storage purposes. 2.12 2.13 2.14 The licensee shall maintain the portal buildings in proper and good repair. the licensee shall not expand or add to the portable buildings. The Licensee agrees to, at all times. observe and comply with, and endeavour to ensure strict observance and compliance with, all statutory requirements. rules, regulations and by -laws of the Licensor or other authority which in any manner may affect or relate to the use of the L.B. Pearson Park and the Pearson Park Parking Lot. 2.15 In the event the Licensee fails or refuses to comply with the orders or requests of the Licensor or its managers; permits any conduct or act which, in the opinion of the Licensor, is improper, or renders it inadvisable that the Licensee should be allowed to continue to make use of the Pearson Park Parking Lot or fails to comply with the terms and conditions herein, the Licensor may forthwith terminate this Licence Agreement and take possession of the Pearson Park Parking Lot. 3. Liability and Insurance 3. t The Licensee shall indemnify and save the Licensor harmless against any and all liability_ claims, damages and expenses due to or arising out of any action or omission or neglect by the Licensee, its agents, servants, invitees, assignees or licensees, on or about the Pearson Park Parking Lot or due to or arising out of any breach by the Licensee or anyone for whom, by law, the Licensee is responsible, of the provisions of this Licence Agreement or of any rules or regulations established from time to time by the Licensor. -4- 3.2 The Licensee shall use the Pearson Park Parking Lot at its sole risk and the Licensor will not be liable for any loss, injury or damage caused to persons using the Pearson Park Parking Lot or to automobiles or other contents or any other property, the responsibility for insuring against any such loss, injury or damage being that of the Licensee, who waives on behalf of itself and its insurers any rights of subrogation against the Licensor. 3.3 The Licensee agrees to assume all liability and obligations for any and all loss, costs. damage or injury (including death) to persons or property that would not have happened but for this Licence Agreement or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the Licensor, its officers. employees and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this Licence Agreement or anything done or maintained hereunder 3.4 The Licensee agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the City Solicitor for the Licensor, protecting and indemnifying the Licensee and the Licensor. its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the Pearson Park Parking Lot with all inclusive coverage of not less than Five Million Dollars (S5,000,000.00), such policy to include the Licensor as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the Licensor under this Licence Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the Licensor 30 days prior written notice. The Licensor may, in its sole discretion acting reasonably. require the Licensee to raise the minimum amount of coverage and shall so advise the Licensee in writing, who then shall immediately increase the minimum coverage and deliver to the Licensor within 30 days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the Licensor's City Solicitor, showing the amended coverage. Failure of the Licensee to comply with this provision shall constitute a breach of this Licence Agreement and shall entitle the Licensor to terminate hereunder. 3.5 The Licensee shall furnish the Licensor with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the Licensor's City Solicitor prior to the commencement of this Licence Agreement in accordance with the provisions of this Licence Agreement and at each insurance renewal date. 4. General 4.1 Notice shall be given to the Licensor at: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario LE 6X5 -5- Telephone No. Fax No. and to the Licensee at: (905) 356-7521 (905) 371-2892 Niagara Catholic District School Board Catholic Education Centre 427 Rice Road Welland, Ontario L3C 7C1 4.2 This Licence Agreement and any schedules hereto constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Licence Agreement other than expressed herein. 4.3 Wherever the singular or masculine is used in this Licence Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto executed this Licence Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James \L Diodati, Mayor Dean Iorfida, City Clerk NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Per: Name: J hn C CCo Title: Director of Education Name: -6- Title: SCHEDULE "A" to an Agreement dated the 1s1 day of April. 2012 between NIAGARA CATHOLIC DISTRICT SCHOOL BOARD and THE CORPORATION OF THE CITY OF NIAGARA FALLS (L.B. Pearson Park) Block C Plan NS 28 Niagara Falls; Block A Plan SN38 Niagara Falls; Block D Plan NS38 Niagara Falls; all in the City of Niagara Falls, in the Regional Municipality of Niagara. -7- SCHEDULE "B" to an Agreement dated the day of April, 2012 between NIAGARA CATHOLIC DISTRICT SCHOOL BOARD and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Township Lot 45 Stamford as in BB23218; in the City of Niagara Falls, in the Regional Municipality of Niagara. SCHEDULE "C" 71 ' r ---- -,. ,i1 . i .-...: -' i 1 • 55.55 .__,,e_................ .. , , L • it. — 77,-= ' —1- -7 1 79 I ''''- 1 : i .., —.,— 11 44 1 4 11 i .7,55i.7717 CITY OF NIAGARA FALLS By-law No. 2013 - A by -law to authorize the execution of an Agreement of Purchase and Sale, respecting the purchase of certain lands in the City of Niagara Falls, in the Regional Municipality of Niagara. RECITALS: THE COUNCIL OF THE CITY OF NIAGARA FALLS declared the lands described: Firstly as: Lot 32 Plan 51 Stamford; Lot 33 Plan 51 Stamford; Lot 34 Plan 51 Stamford; Lot 35 Plan 51 Stamford; Lot 36 Plan 51 Stamford; Lot 37 Plan 51 Stamford; Lot 38 Plan 51 Stamford; Lot 39 Plan 51 Stamford; Lot 67Plan 51 Stamford; Lot 68 Plan 51 Stamford; Lot 69 Plan 51 Stamford; Lot 70 Plan 51 Stamford; Lot 71 Plan 51 Stamford; Lot 72 Plan 51 Stamford; Lot 74 Plan 51 Stamford; Lot 32 Plan 63 Stamford; Lot 33 Plan 63 Stamford; Lot 34 Plan 63 Stamford; Lot 35 Plan 63 Stamford; Lot 36 Plan 63 Stamford; Lot 37 Plan 63 Stamford; Lot 38 Plan 63 Stamford; Lot 39 Plan 63 Stamford; Lot 40 Plan 63 Stamford; Lot 41 Plan 63 Stamford; Lot 42 Plan 63 Stamford; Lot 43 Plan 63 Stamford; Lot 44 Plan 63 Stamford; Part Byng Avenue Plan 51 Stamford (formerly Drummond Avenue) (Closed by BL84) lying north of Cook Street; in the City of Niagara Falls, in the Regional Municipality of Niagara; and Secondly as: Lot 60 Plan 44 Stamford; Lot 61 Plan 44 Stamford; Lot 62 Plan 44 Stamford; Part Lot 63 Plan 44 Stamford; Part Lot 64 Plan 44 Stamford; Part Lot 65 Plan 44 Stamford as in R0145214; Part Township Lot 125 Stamford as in R0155323; in the City of Niagara Falls, in the Regional Municipality of Niagara (the "Lands ") to be surplus to the requirements of the City of Niagara Falls on May 25, 2009 by By -law 2009 -77; THE LANDS have been advertised for sale and marketed by City Staff; THREE OFFERS TO PURCHASE the Lands have been made and presented to Council; COUNCIL has considered the Offers and chosen the one of the three it considers to be in the best interest of the City of Niagara Falls; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale of the Lands as attached hereto as Schedule "1" is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale -2- and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. Staff are instructed to take whatever steps, including the execution of documents, as are required to carry out the transaction authorized by this by -law. 4. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013. February 26, 2013. February 26, 2013. 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 26th 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 26th 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 twenty -sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: February 26, 2013 February 26, 2013 February 26, 2013