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2013/03/26NiagaraJalls t 1� 1 D i COUNCIL MEETING March 26, 2013 PRAYER: Mayor Diodati ADOPTION OF MINUTES: Council Minutes of February 26, 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. 1. F- 2013 -23 - 2013 Municipal Utility Budget NOTE: Ed Bielawski has requested to speak to the matter. 2. The Director of Finance will provide an update on the Operating 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. PLANNING MATTERS 7:00 P.M. Public Meeting SBA - 2013 -001, City- initiated Update to the Sign By -law Background Material: Recommendation Report: PBD -2013 -23 -2- REPORTS 1. City Building Use and Condition Assessment 2. TS- 2013 -05 - Downtown BIA - Various Requests NOTE: Representatives from the Downtown BIA will speak to the matter. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara District Airport Commission- Council consider filling the vacancy on the Commission. RECOMMENDATION: For the Consideration of Council 2. Royal Canadian Legion Branch 51 - Request waiving of fees for road closure, May 18, 2013 RECOMMENDATION: For the Consideration of Council 3. Redboss Pyrotechnics - Requesting fireworks displays at Great Wolf Lodge. RECOMMENDATION: For the Approval of Council, subject to City insurance requirements. 4. Lyme Disease Awareness - Requesting that May be proclaimed "Lyme Disease Awareness Month ". RECOMMENDATION: For the Approval of Council 5. Barber Shop Harmony Week - Requesting that April 7 -13, 2013 be proclaimed as "Barbershop Harmony Week ". RECOMMENDATION: For the Approval of Council 6. Transgender Niagara - Requesting that March 31 - April 6, 2013 be proclaimed "Transgender Awareness Week ". RECOMMENDATION: For the Approval of Council 7 Day of the Honeybee - Various requests, including that May 29th be proclaimed "Day of the Honeybee ". RECOMMENDATION: Council approve the proclamation request but not the request for backyard apiaries. -3- 8. Regional Municipality of Niagara - Request for comments on the application by Freshco, 5931 Kalar Road, for a tourism exemption for holiday openings. RECOMMENDATION: For the approval of Council. 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. CAO- 2013 -02 - Customer Service Excellence - Mid -term Progress Update F- 2013 -19 - Sleep Cheap F- 2013 -21 - Monthly Tax Receivables Report F- 2013 -22 - Municipal Accounts F- 2013 -18 - Statement of Remuneration & Expenses for Members of Council & Commissions. FS- 2013 -02 - Radio System Maintenance Agreement FS- 2013 -03 - Automatic Aid Agreement with Niagara -on- the -lake L- 2013 -13 - Release of Easements. Parts 72 and 73, Reference Plan 59R- 14518, Deerfield Estates -Phase 9 MW- 2013 -09 - 2013 Winter Restoration Program MW- 2013 -10 - Chippawa Parkway Watermain Replacement Flynn Court and Cook Street Reconstruction, Contract #2013 - 211 -08 - Tender Award. MW- 2013 -11 - 2013 Water Conservation Program PBD- 2013 -25 - Request for Removal of Part Lot Control, Lots 1,2, 65 -69 (Inclusive), 78,79,128 -131 (inclusive) and 140 -144 (Inclusive). Warren Woods Phase 1 Subdivision. Applicant: Armstrong Hunter and Associates. - 4 - PBD- 2013 -29 - Matters Arising from Municipal Heritage Committee Request to Designate 4888 Hunter Street. RATIFICATION OF "IN CAMERA" MATTERS SALE OF LANDS BY -LAW Mayor Diodati will request whether there is anyone present that has an interest respecting the property matter. 2013 -48 A by -law to authorize the execution of an Agreement of Purchase and Sale with Brian Sadusek, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2013 -49 2013 -50 2013 -51 A by -law to amend By -law No. 2006 -205 to remove the holding symbol (H) on part of the lands on the west side of Tallgrass Avenue, south of Saw Mill Way, to allow development on a portion of the Chippawa West, Phase 2 Plan of Subdivision (AM- 32/2005). A by -law to authorize a Transfer, Release and Abandonment of Easement to release easements registered as Instrument Number SN322420 over Parts 72 and 73 on Reference Plan 59R- 14518. A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2013 -52 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Metered Areas) 2013 -53 A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2013 -54 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections) 2013 -55 2013 -56 2013 -57 - 5 - A by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. A by -law to authorize the payment of $7,682,399.01 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26th day of March, 2013. NEW BUSINESS Nia ara alts REPORT TO: Mayor James M. Diodati and Members of the Municipal Council Cities of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2013 -23 2013 Municipal Utility Budget F- 2013 -23 March 26, 2013 RECOMMENDATION 1. That Council approve the City's 2013 Municipal Utility Budgets and the water and sewer rates for 2013. That the City formally notify Niagara Peninsula Energy Inc. of its intention to return responsibility for water billing to the City, effective January 1, 2014. EXECUTIVE SUMMARY The Municipal Utility Budget consists of two independent components, water and wastewater(sewer), each with its own budget and rates established independently for each service. The rates charged to residents are a combination of variable or volumetric and a fixed service charge. The volumetric rate is established to capture Regional input costs, while the service charge is established to capture the City's costs of maintaining the distribution network as well as the full cost of capital investment. Staff is recommending minor adjustments in the variable rates so that the water volumetric charges increase by 1.6% to $0.9351 per cubic meter from $0.9203 while the wastewater rate is increased by 1.99% to $1.0187 from $0.9989 per cubic meter. These changes result in the combined volumetric rate increasing by 1.8% to $1.9538 from $1.91911m3. The primary reason for the increase in volumetric water rates is the increased input costs associated from treatment of water and wastewater provided by the Region. The Region of Niagara has approved their 2013 rates for the delivery of water and the treatment of waste water. The Regional costs accounts for approximately 55.28% of the City's water budget and accounts for 58.12% of the City's sewer budget. The Region increased the City's water input charges by 0.56% on the variable portion of the charge and increased the fixed portion of the bill by 2.0 %. On the wastewater side, the Regional levy is a fixed amount based on historical flows and was increased by 3.36% from 2012. The City's fixed monthly charges are determined on meter size and is a graduated rate structure wherein the larger meters owners are charged a larger proportion than the smaller meter owners. The combined increase of the smaller meter typical of the average home owener is increasing by 0.4% or $0.20 per month to $42.28 from $42.08. March 26, 2013 - 2 - F- 2013 -23 The Region continues to review the structure of water and wastewater delivery in the Region. This has progressed despite serious reservations expressed from all lower tier municipalities regarding the scope of the engagement. The initial report will be delivered to Regional Council some time this summer and may have impacts on responsibilities, rate structures and service delivery. Depending on the recommendations in this report, significant impacts may result for the City of Niagara Falls both in service delivery and rates. Staff recommended and Council endorsed that rate reviews at the City level be deferred until the regional direction is known. Staff continues to recommend this action. At the present time, NPEI provides water meter reading, billing and collection services for the City. This arrangement has been in place since the development of the residential metering system in 2001. Staff is recommending that pursuant to the agreement with NPEI, that the City provide notice of its desire to return this responsibility to the City. The return of water billing is due to a number of factors including NPEI following provincial legislation and changing to a smart metering which has eliminated the synergies of cost sharing of meter reading. In addition, the City's desire to improve customer service by utilizing the synergies in property tax billing collection and water, in addition to the cost savings these synergies result in. Staff has been in discussion with staff of NPEI and believes that a suitable transition will occur to the satisfaction of customers and both entities. BACKGROUND The municipality develops an annual operating budget for the operation of its water and sewer distribution systems. The City is dependent upon the Region of Niagara for the supply of potable water and the treatment of wastewater. The City has responsibility to bill its residents for the use of both water and wastewater. The user fees consist of both a fixed and variable charge. The City's variable charge is based on the cost charged by the Region for potable water and for the treatment of sewage. The City's fixed meter charges recover the City's operating costs and capital spending. ANALYSIS /RATIONALE The Municipal Utility Budget consists of four (4) segments: 1. Water Volumetric 2. Water Fixed 3. Wastewater Volumetric 4. Wastewater Fixed 1. Water Volumetric Rate The water volumetric rate is established to capture all of the regional costs of water purchases by the City. The rates established are impacted by five factors. 1. The Regional price for potable water is a cost and is incorporated into the variable rate. The Region charges the City based on a 75 -25% split between variable and fixed rate. The variable portion of the Regional charge was increased to $0.537 per /m3 to $0.534 m3. This is a minor increase of 0.56 %. The fixed portion of the Regional charge increased to $2,885,676 from $2,828,589 or 2 %. The impacts of the pricing impacts will be dependent on the assumption made with respect to water volumes purchased and sold. March 26, 2013 - 3 - F- 2013 -23 2. The estimated volume that the City will purchase from the Region. The volume of water sold to the City by the Region increased in 2012 by 0.12 %. Staff is projecting that water purchases will be reduced in 2013 as the OPG Tunnel project comes to closure in the middle of the year. The anticipated impact of the projects' completion will be a reduction in water purchased of approximately 500,000 m3 Staff has factored this into the determination of the rate calculation. 3. The estimated volume that the City will sell to its users. The volume of water sold by the City to its users increased by 2.2% in 2012. The amount of water billed in 2013 will be negatively impacted by the OPG Tunnel project concluding and as a result, staff has reduced the estimated sale of water as well. 4. The un- billed water volumes. Un- billed water can be defined as the percentage of water that is not billed by the City but has been purchased from the Region. In 2012 the actual billed percentage improved to 81% of water purchased, which was greater than the estimated amount of 78.5% used in the determination of the volumetric rate for 2012. The inspection program of commercial meters is ongoing and staff is cautiously optimistic that this program will reap benefits in 2013. For the purposes of the 2013 budget staff used the same factor of 78.5% as in 2012. 5. Transfers to Reserve for Rate Stabilization. In 2006, BMA provided staff with recommendations on an appropriate amount of reserves that should be established for rate stabilization. The amount recommended was in the range of 5 -10% of gross expenditures. The total expenditure proposed in 2013 for the combined water utility is $20,732,518. Based on the BMA report the target amount for a reserve is between $1,000,000 and $2,000,000. At the end of 2012 the reserve for water rate stabilization was approximately $811,600 once the budgeted year end reserve transfer is completed. In 2011, a transfer to reserves was not possible due to the impacts of the unbilled water volumes. Since the reserve is not at the minimum recommended by the consultant an amount of $261,200 is included in the 2013 rate structure. The chart below summarizes the revenues and expenses for the water volumetric segment of the water budget. Included in this summary are the 2012 actual preliminary results. Again, the results will not be finalized until the 2012 audited financials are completed. 2013 Budget 2012 Budget 2012 Actuals Revenues $11,723,297 $11,847,389 $12,091,925 Less: Regional Purchases Volume 8,576,421 8,757,600 Regional Purchases Fixed 2,885,676 2,828,589 Transfer to Reserves 261,200 261,200 8,777,054 2,820,835 Residual 261,200 $232,836 As this shows, the budgets are established to break even, however, the improved revenues due to the improved unbilled water amount resulted in a surplus in 2012 actuals. Staff is recommending that this be reserved to the rate stabilization reserve once the year end audit is completed. March 26, 2013 - 4 - 2. Water Fixed Monthly Service Rates: F- 2013 -23 The purpose of the fixed service charge is to collect the revenues necessary to offset the municipality's cost for the maintenance of the water distribution system in the City. All of the City's costs for the distribution network including an annual transfer to capital are financed through the service charges. The service charge is based on the meter size at every property. The fixed monthly charges increase with the size of each meter. The City's water expenditures are outlined in Chart 1. The projected net annual expenditures for the City's water operation are projected to increase to $9,009,221 from $8,878,683 increase by 1.4 %. The main drivers of this cost increase include: • an increase of insurance to reflect claims increases a continued investment in capital infrastructure of $4.1M an increase in the billing costs from NPEI The main drivers offsetting the cost increases are: • . a reduction in financial expenses an increase in the number of water accounts a reduction in the debt payments associated as the debt in this area is paid off It should be noted that the reinvestment costs associated with water asset replacements is borne completely by the fixed service charges. This is the funding source for the Capital Budget and will remain at $4.1 million annually. As previously provided to Council, staff has prepared a 10 year capital needs report which identified that water assets require an investment of $5.23 million annually and require an additional investment of approximately $800,000 for meter replacements starting in 2014. The current reinvestment of $4.1 million achieves approximately 78.3% of the funding levels required. Likewise, in tonight's Council Agenda, is MW- 2013 -11 Water Conservation Program. These programs are funded by the service charge. 3. Wastewater Volumetric The volumetric rate for wastewater is established to capture all of the Regional costs of wastewater treatment. There are three factors that impact the volumetric wastewater rate charged to all residents. 1. The Regional waste water request. The amount charged by the region to the lower tiers is a 100% fixed amount. The budget request for 2013 is $12,652,307 which is up from $ 11,985,538 in 2012. This represents an increase of 5.56 %. 2. The estimated water volume that the City will sell to its users. The volume of water sold impacts the revenues generated for waste water since residents are billed for wastewater based on the water consumed. The quantity of wastewater billed increased by 1.1% year over year. In 2013, staff has used the three year average of the annual sales volumes which is an increase 1.46% from 2012. Similar to water billing staff's initiative to inspect and replace older meters will have a positive impact on future years' rates, since waste water revenues are derived from water meter readings. Wastewater flows are also impacted by weather conditions which have no March 26, 2013 - 5 - F- 2013 -23 direct correlation to water consumption. Lastly, the OPG Tunnel cessation will have no impact on wastewater volumetric rates. 3. Transfers to Reserve for Rate Stabilization. In 2006, BMA provided staff with recommendations on an appropriate amount of reserves that should be established for rate stabilization. The amount recommended was in the range of 5 -10% of gross expenditures. The total expenditure proposed for wastewater in 2013 is $21,339,131. A target amount for a reserve is between $1,000,000 and $2,000,000. At the end of 2012 the reserve for wastewater rate stabilization was approximately $1,810,000. A transfer to reserve is not included in the rate for 2013. 4. Annual Regional Wastewater reconciliation. While the Region charges the lower tiers a fixed annual charge for the wastewater expense, there are variances in actual expenditures and budget. In 2011, Regional Council established that a reconciliation methodology be performed annually to address the variances between budget and actual. In 2011, the City's variance resulted in a rebate of approximately $249,000 payable in 2013. Unlike, the original rebate wherein some municipalities including Niagara Falls received lump sum amounts, in 2013 and onward the variances will be awarded in the year subsequent to the reconciliation being completed. The inclusion of the 2011 rebate reduces the cost of Regional wastewater charges for 2013 to $12,403,307 which is a 3.36% increase. For 2013 this amount has been factored into the variable rate calculation. Unfortunately, in January 2013, Council received notice that the 2012 variance was in the Region's favour and an amount of $1,064,000 would be added to the 2014 requisition. This is important to note for next years budget as this represents a potential increase of 8.3 %. The chart below shows the year over year budget comparison, and the 2012 preliminary actuals. As this shows the budgets are established to break even, however the improved revenues resulted in a surplus in 2012 actuals since the volume billed was greater than estimate. As indicated the Region has provided notice that the 2012 variance of 1,064,000 will be collected in 2014. Staff are recommending that the surplus in 2012 be reserved and used to offset the variance in 2014 once the year end audit is completed. 4. Wastewater Fixed Service Charges The fixed service charge is based on the municipality's cost for the maintenance of the wastewater distribution system in the City. All of the City's costs for the distribution network including an annual transfer to capital is financed through the service charges. The service charge is based on the meter size at every property. Similar to the water service charge, the monthly charges increase with the size of each meter. 2013 Budget 2012 Budget 2012 Actuals Revenues $12,652,307 $11,985,538 $12,410,303 Less: 2011 Variance rebate (249,000) 0 0 Regional Fixed Charge 12,403,307 11,985,538 11,872,264 To Reserves 0 0 4107 Residual �- 0 $0 $533,932 As this shows the budgets are established to break even, however the improved revenues resulted in a surplus in 2012 actuals since the volume billed was greater than estimate. As indicated the Region has provided notice that the 2012 variance of 1,064,000 will be collected in 2014. Staff are recommending that the surplus in 2012 be reserved and used to offset the variance in 2014 once the year end audit is completed. 4. Wastewater Fixed Service Charges The fixed service charge is based on the municipality's cost for the maintenance of the wastewater distribution system in the City. All of the City's costs for the distribution network including an annual transfer to capital is financed through the service charges. The service charge is based on the meter size at every property. Similar to the water service charge, the monthly charges increase with the size of each meter. March 26, 2013 - 6 - F- 2013 -23 The details of the City's wastewater expenditures are outlined in Chart 2 and highlighted in the chart below. The projected net annual expenditures for the City's wastewater operation is projected to decrease by Tess than 1.0% or $49,004 to $8,935,824 from $8,984,828 budgeted in 2012. Similar to water, the service charges will remain the same due to increase in number of accounts. The main drivers of this cost increase include: . an increased labour and benefit cost an increase in insurance claims as these costs are allocated appropriately the same investment in capital infrastructure of $4.730M as was budgeted in 2012 The main drivers offsetting the cost increases are: • a reduction in the debenture costs charged to the wastewater area • an increase in the estimated number of sewer accounts Ancillary revenue is recorded and reduces the amount required from the fixed service charge. The revenue streams included sewer lateral charges, flat rate billing accounts during construction and a transfer from the development charge reserve to offset 100% the debenture cost associated with the growth related pumping stations. The table below summarizes Chart 2, 2013 Wastewater Utility Budget in the appendix which is a detailed cost of operations. As this table indicates, there was a positive result for 2012 as a surplus was generated. The surplus resulted due to higher than estimated revenues and some cost savings. Similar to the volumetric surplus, staff recommend that the annual surplus be used to offset the 2014 obligation as described earlier. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The impact on account holders will vary depending on the volume of water used. Since the increase in rates are primarily in the volumetric rates, account holders with increasing volumes of water will have the greater increases. The combined volumetric rates will increase from $1.9538 m/3 from $1.9191 or a 1.8% increase. 2013 Budget 2012 Budget 2012 Actuals Operating Expenditures $8,935,824 $8,984,828 $8,641,211 Ancillary Revenues 1,180,497 1,208,228 1,223,279 Revenues Collected by Service Charges 7,755,327 7,776,600 7,856,205 Surplus $0 $0 $438,273 As this table indicates, there was a positive result for 2012 as a surplus was generated. The surplus resulted due to higher than estimated revenues and some cost savings. Similar to the volumetric surplus, staff recommend that the annual surplus be used to offset the 2014 obligation as described earlier. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The impact on account holders will vary depending on the volume of water used. Since the increase in rates are primarily in the volumetric rates, account holders with increasing volumes of water will have the greater increases. The combined volumetric rates will increase from $1.9538 m/3 from $1.9191 or a 1.8% increase. March 26, 2013 - 7 - F- 2013 -23 Volumetric per Cubic Meters 2013 2012 $ Change Water Rate $0.9351 $0.9203 $0.0148 Sewer Rate 1.0187 0.9988 0.0199 Total $1.9538 $1.9191 $0.0347 Alternatively the Fixed services on a 1" residential meter is shown in the chart below. The monthly increase is $0.2 per month or $2.40 per year, an increase of 0.47 %. Combined Fixed Service Charges on 1" Meter 2013 2012 Water Charge per month $22.25 $21.90 Sewer Charge per month 20.03 20.18 Total $42.28 $42.08 Council will recall that two programs exist to assist homeowners. The low income seniors rebate provide $100 rebate for qualified seniors, while the low flow sewer program provides incentives to property owners to reduce water consumption. Both programs remain in this budget. LIST OF ATTACHMENTS Chart 1 - Water Budget Chart 2 - Wastewater Budget Recommended by: Respectfully submitted: Todd Harrison, Director of Finance Ken To d, Chief Administrative Officer 2013 Water Utility Budget Chart 1 2013 Budget 2012 Budget F- 2013 -23 2012 Actual Service Charge Expenditures Salaries and Wages $ 1,856,683 $ 1,909,299 $ 1,818,248 WSIB, Health, Safety, Wellness 52,000 15,000 55,725 Employee Benefits 505,000 454,534 499,488 Long Term Debt Interest - 2,536 2,480 Materials 388,100 375,368 388,860 Personnel Development 30,000 27,640 28,545 Memberships and Conference 5,000 5,000 - Advertising 20,000 27,800 10,530 Insurance 170,000 116,158 169,891 Utilities 32,000 27,000 31,687 Contracted Services 1,522,000 1,378,800 1,349,892 Financial Expenses 125,000 159,000 86,621 Long Term Debt Principal 86,336 86,336 Transfers to Own Funds 4,100,000 4,100,000 4,105,851 Internal Transfer 203,438 194,212 243,474 $ 9,009,221 $ 8,878,683 $ 8,877,628 Service Charge Revenues Water Stand Pipe Revenue $ 103,000 $ 103,000 $ 90,937 Water Transfer and Shut -off fees 37,000 37,000 33,272 Sundry Revenue 130,000 130,000 222,757 Service charge from meters 8,739,221 8,608,683 8,603,754 $ 9,009,221 $ 8,878,683 $ 8,950,720 Service Charge(Surplus) Deficit $ - $ - $ (73,092) Volumetric Charge Expenditures Regional Water Purchases Variable Regional Water Purchases Fixed Transfer to reserves 2013 Budget 8,576,421 2,885,676 261,200 $ 11,723,297 Volumetric Charge revenues 11,723,297 Volumetric (Surplus) Deficit All Sources (surplus) deficit 2012 Budget 2012 Actual 8,757,600 8,777,054 2,828,589 2,820,835 261,200 261,200 $ 11,847,389 $ 11,859,089 11,847,389 12,091,925 $ $ (232,836) $ $ (305,928) 2013 Wastewater Utility Budget 2013 Budget Service Charge Expenditures Expenditures Salaries and Wages $ 825,477 $ 783,885 $ 698,443 WSIB, Health, Safety, Wellness 35,000 35,000 25,242 Employee Benefits 205,624 200,404 191,578 Long Term Debt Interest 469,819 499,966 491,924 Materials 123,850 129,635 94,606 Memberships, professional develop and 8,425 8,425 Insurance 122,690 127,500 116,970 Insurance Claims 55,000 42,500 52,087 Contracted Services 1,388,500 1,369,000 1,204,629 Financial Expenses 200,000 224,000 202,344 Long Term Debt Principal 598,678 680,928 680,928 Transfers to Own Funds 4,730,000 4,730,000 4,730,000 Internal Transfers 172,761 153,585 152,460 $ 8,935,824 $ 8,984,828 $ 8,641,211 Chart 2 F- 2013 -23 2012 Budget 2012 Actual Service Charge Revenues Sewer Lateral Cleaning $ 25,000 $ 25,000 $ 23,510 Flat Rate charges 87,000 87,000 103,541 Transfer from Reserve 1,068,497 1,096,228 1,096,228 Revenue from meters 7,755,327 7,776,600 7,856,205 $ 8,935,824 $ 8,984,828 $ 9,079,484 Service Charge(Surplus) Deficit $ - $ - $ (438,273) 2013 Budget 2012 Budget 2012 Actual Volumetric Charge Expenditures Regional Sewer Charge 12,652,307 11,985,538 11,872,264 Regional adjustment for 2011 (249,000) - Transfer to reserves - 4,107 $ 12,403,307 $ 11,985,538 $ 11,876,371 Volumetric Charge revenues 12,403,307 11,985,538 12,410,303 Volumetric (Surplus) Deficit $ - $ $ (533,932) All Sources (surplus) deficit $ $ - $ (972,205) S21311VIN JNINNVld NiagaraJalls c -\ N n a REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building and Development SUBJECT: PBD- 2013 -23 SBA - 001 -2013 City- initiated Update to the Sign By -law PBD- 2013 -23 March 26, 2013 RECOMMENDATION That Council approve the City- initiated updated Sign By -law. EXECUTIVE SUMMARY The City's current Sign By -law was passed by Council in December of 2008. Since its passage it has become apparent that some modifications are necessary in order to clarify wording or intent, consolidate some of the regulations for simplicity, to allow for signs where the current by -law does not and to expand /clarify the regulation of electronic signs. Staff have held an open house and had discussions with representatives of the sign manufacturers industry. Written comments were also received. This input was incorporated into the proposed modifications. BACKGROUND The City's current Sign By -law was passed by Council in December of 2008. It replaced the former by -law which dated to 1966. The current by -law was drafted to recognize new sign technologies and to update in general the regulation of signs. Since its passage it has become apparent that some modifications are necessary. These modifications can be broken down into four categories: 1. Housekeeping matters: minor changes that assist in clarifying the meaning or intent of a provision or definition. For example, the definition of a billboard sign was expanded to clarify that these signs are for third party advertising. A corresponding definition of third party advertising was also included. 2. Simplification of regulation: In applying the current by -law, it became apparent that in certain instances, there was an over - classification of sign types. For example the current by -law classifies and defines ground signs, general ground signs and pylon signs. All of these signs are ground - supported and can be more simply regulated in terms of permitting an increasing sign area and height as the frontage of a property increases. A further example is the elimination of the logo sign classification. Signs that display a corporate logo will now be governed by the regulations for fascia signs rather than having a set of separate regulations. March 26, 2013 - 2 - PBD- 2013 -23 3. Introducing new sign types: The sign by -law divides the city into sign districts. This was done to specifically regulate signs according to the character of the area and to ensure that signs were not permitted in residential areas. However, in doing so, certain uses such as long term care facilities and churches were not permitted to have signs. The modifications to the by -law will rectify this omission by introducing further sign types that will allow these uses to have signs that are compatible with the areas in which they are located. 4. Electronic signs: The use of electronic, animated and digital technologies in signs is expanding. Such technologies are being used in new signs and existing signs are being converted from static displays. The modifications to the by -law expand the definitions of these technologies and clarify where, and to what extent, they can used A chart of all of the modifications to the by -law is appended to this report. Discussion The goal of the update is to provide a by -law that is clear, concise and as up -to -date as possible in terms of addressing new technologies. The modifications will serve to address certain issues that have arisen since its passage. Input from the public, including sign manufacturers, was critical in drafting the by -law. Staff held an open house which was attended by several representatives of the sign manufacturers industry as well as some business owners. A follow -up roundtable discussion was also held as well as meetings with two local sign contractors. Written comments were also received. This input shaped revisions to the initial modifications that were proposed, resulting in the by -law that is being recommended for approval. FINANCIAL IMPLICATIONS There are no financial implications to the City that would result from the approval of the update to the Sign By -law. CITY'S STRATEGIC COMMITMENT The update to the Sign By -law fulfills Council's commitment to a well - planned City. LIST OF ATTACHMENTS ► Appendix 1 - Chart of proposed revisions b(A) -0 Alex Herlovitch, Director of Planning, Building & Development Recommended By: Respectfully Submitted: J.Barnsley Attach. Key Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -23, Update to the Sign By- law.wpd Niagaraaalls The following is a list of revisions that have been proposed by City staff and stakeholders as an update to the City's 2008 Sign By -law. 2012 Sign By -law Update March, 2013 By -law Section Proposed Revision Rationale Definitions • Agricultural Land Use • Agricultural Sign Introduction of a new sign classification. (staff) • Billboard Sign Clarification of existing definition. (staff) • Electronic Message Centre Sign To coincide with the revisions regarding electronic signage. (staff and stakeholders) • General Ground Sign Definition deleted as this is proposed to be no longer a separate sign classification. (staff) Introduction of a new sign classification. (staff) • Institutional Land Use • Institutional Sign • Logo Sign Definition deleted as this is proposed to be no longer a separate sign classification. (staff) • Mural Sign Murad definition deleted and replaced with mural definition which is specific to the by -law. (staff) • New Development Sign Introduction of a new sign classification. (staff) Projecting Sign Current definition deleted and replaced with a new definition for clarity. (staff) • Pylon Sign Definition deleted as this is proposed to be no longer a separate sign classification. (staff) • Readograph Sign To coincide with the revisions regarding electronic signage. (staff and stakeholders) • Rehabilitation Introduction of new definition to coincide with new regulation. (stakeholders) • Removal Introduction of new definition to coincide with new regulation. (staff and stakeholders) • Sandwich Board Introduction of a new sign classification. (staff) • Static Sign To coincide with the revisions regarding electronic signage. (staff) • Third Party Sign To clarify what is and what is not considered third party advertising. (staff) • Trivision Sign To coincide with the revisions regarding electronic signage. (staff) • Wall Area To clarify how wall area is determined. (staff) 3.4.3 (f) • Inclusion of new regulation To clarify when an architect or professional engineer is required in the design of a sign. (staff) 3.3.4 (b) • Revised regulation To clarify the process for extending the time limit of a permit and to allow for a 12 month extension. (staff and stakeholders) 3.3.5 • Revised regulation To clarify when a sign is removed, the permit will be deemed to be revoked. (staff and stakeholders) 3.3.6 • New regulation To not require a permit for the rehabilitation for a sign, unless it takes longer than six months to complete. (stakeholders) 3.4.6 • Deletion of regulation Approvals form the NPC will be required prior to the issuance of any permit. (staff) 3.5.1 (o) Inclusion of a new regulation To clarify when in conformity with by- law regulations no permit is required for sandwich board signs. (staff) 3.5.1 (g) • Revised regulation Increases the amount of time a real estate agent can leave a sign in place after closure. (stakeholders) 3.6.1 • Revised regulation To clarify the prohibition of signs that interferes with traffic signs and signals.(staff and stakeholders) 4.4 • Substitution of the term "property tine" for adjacent lot To broaden the scope of the regulation so that a 1.5 m minimum setback is required from any property line, except for fascia or projecting signs. (staff) 4.6 • Inclusion of new regulation To regulate the impact of lighting on adjacent properties. (staff and stakeholders) 4.7 • Expansion of regulation To permit a sign on residential properties if permitted through municipal approvals. (staff) 4.11 — 4.11.4 • Inclusion of new regulations To provide for a new classification of sign technologies. (staff and stakeholders) 4.12 • New regulation To permit the use, etc., of existing signs that were in conformity with any previous by -law. (staff) 5.1 (2) Table 2 • Deletion of pylon and general ground signs and inclusion of Sandwich Board signs as permitted in Fallsview & Clifton districts. To coincide with the revision to the ground sign regulations. (staff) 5.4 • Inclusion of new regulation To provide for two new sign types that can be erected outside of sign districts: institutional signs and agricultural signs. (staff) 6.0 Table 4 • Inclusion of new regulations for ground signs. • It is proposed that ground signs no longer be categorized into pylon and general ground signs. • The maximum number, height and sign area are to be regulated based on the lot frontage. • Excludes directional signage. (staff) 7.1.2 • Correction of a t o ra hic error. yp g p Substitution of 0.45 m for 0.15 m regarding the maximum projection of a fascia sign from a wall 7.1.3 Revised regulation Increase the projection of a fascia sign to 0.25 metres where the minimum clearance above grade is 2.70 metres. (staff and stakeholders) 7.1.4 Revised regulation To permit a fascia sign to extend above the roofline. (staff) 7.1.8 Deletion of regulation To allow for multiple signs on single tenancy buildings. (staff) 7.1.11 • Inclusion of new regulation To clarify the regulations on the use of electronic signage within fascia signs. (staff) 7.3.1 • Deletion of regulation For clarification. 7.3.5 • Revised regulation To simplify the regulation by allowing awning signs to extend 1/2 the width of a sidewalk. (staff) 7.4 • Deletion of section • Logo signs are proposed to no longer be a separate sign category. • Logo signs are proposed to be categorized as fascia signs and regulated accordingly. (staff) 8.6 • Reduction of maximum sign area to 3.0 square metres To clearly distinguish between roof signs and billboards. (staff) 9.2 • Revised regulation To simplify the regulation by allowing projecting signs to extend 1/2 the width of a sidewalk.(staff) 9.4 • Inclusion of new regulation To clarify the regulations on the use of electronic signage on projecting signs. (staff) 10.5 • Revised regulation To simplify the regulation by allowing canopy signs to extend 1/2 the width of a sidewalk. (staff) 11.13 • Inclusion of new regulation To clarify the regulations on the use of electronic signage on billboards. (staff) 12.2.14 • Inclusion of new regulation To permit portable and temporary signs to have 100% of the maximum sign area as a readograph sign. (staff) 12.3 Table 5 • Inclusion of new regulation "New Development Signs" are proposed as a new category of signs. (staff) 13.0 • Deletion of section It is proposed to delete the section electronic signage as the revised by -law incorporates the regulations regarding electronic signage within the appropriate sign category. (staff) 16.0 • Expansion of regulation • Expansion of permitted locations for Sandwich Board Signs. • Removal of references to where signs are permitted and removal of definition and reduction in area, width & height. (staff) 17.0 Table 7 • Inclusion of new sign category and regulations • Inclusion of new sign category and regulations To permit signage for institutional uses outside of sign districts. (staff) To permit signage for agricultural uses. (staff) 18.0 Table 8 19.1 to 19.11 (inclusive) • Various minor changes To reflect the change in the name of the Planning, Building and Development Department. 19.7 • Inclusion of the wording "...on all street frontages of the premises..." To clarify the posting requirements for variances. 19.12 • Inclusion of new regulations To clarify and simplify the appeal process of a minor variance. 19.1 to 20.9 (inclusive) • Various minor changes To reflect the change in the name of the Planning, Building and Development Department. 20.4 • Inclusion of new regulation To provide for notification requirements for proposed general amendments to the by -law. 20.5 • Inclusion of the wording "...on all street frontages of the premises..." To clarify the posting requirements for amendments. 20.10.2 • Inclusion of the wording "...as a third party sign..." To be consistent with the by -law terminology as "third party sign" is to be a defined term. 21.1 to 21 14 (inclusive) • Various minor changes To reflect the change in the name of the Director of Building and By -law Services to Chief Building Official. City Building Use Condition Assessment Presentation to Niagara Fars City Council March 26, 2013 `iagarafalls Background ® This report was developed in response to the following action item under both the Financial Stability and Infrastructure Sustainability sections of City Council's 2011- 2,014 Strategic Priorities : Research and provide reports to Council regarding City owned Buildings. Reports will contain relevant information as to the total number of buildings in our inventory, current uses, condition assessments, energy cost and legislative requirements such as the management of asbestos and other hazardous materials as well as accessibility for the disabled, along with all the associated Financial implications positive or negative. 3/19/2013 1 3/19/2013 Background (cont'd) The Strategic Priorities indicated that this review should include: io Year capital needs assessments for these City assets Rationalization of assets ensuring that resources are focused on core programs and services Categories of Use 4 City Owned and Utilized for City Function City Owned and Utilized by a Community Group 2 City Buildings Reviewed City Owned and Utilized for City Function o Court House Building o Park Street Market Pavilion o Recreation Commission Building ▪ South End Depot o Sylvia Place Market Building City Owned and Utilized by a Community Group • Chippawa Town Hall a Community Resource Building • Firehall Theatre o Navy League Building o Niagara Falls Armoury o St. John Ambulance Building o Willoughby Township Hall Considerations • Building Information - type, materials, age, accessibility, zoning, presence of asbestos • Building Value - replacement cost, market value, assessed value, potential tax revenue Building Use & Agreements - current use , occupants, lease and rent information • Annual Operating Expenses - utilities, insurance, yearly maintenance costs paid by City or occupant 4 Capital Expenses - recent capital repairs, io Year Capital Plan, and cost to make the building accessible 3/19/2013 3 Buildings Utilized for City Functions • Court House Building ▪ Park Street Market Pavillion • Recreation Commission Building • South End Depot ▪ Sylvia Place Market Building Court House Building 4300 Queen Street 3/19/2013 4 Court House Building • Used for City storage Estimate to renovate building $2.2 million • Estimate to demolish building $15o,000 • Yearly insurance and asbestos testing cost $766 • Recent capital repairs $2,500 • If the Court House is disposed of, a plan to address storage would be required • Options: * Demolish the court house and retain lands for future consideration, or * Sell or lease the building 3/19/2013 5 Park Street Market Pavilion Used for City storage of Queen Street furniture, public washrooms and commissionaires' office. Sporadic use over the summers on behalf of the Downtown BIA Annual operating costs $5,496 for water, electricity and insurance Vandalism and damage repairs only Options: Through the Parking Capital Budget, the building could be declared surplus, demolished and redeveloped as a parking lot, in accordance with the downtown strategic plan Recreation Commission Building 7565 Lundy's Lane 3/19/2013 6 Recreation Commission Building • Vacant • Yearly cost for electricity, insurance and asbestos testing $1,722 • Demolition cost is estimated at $13o,000 • Options: The building be sold subject to a reserved bid of $216,000 as per Council Report L- 2010 -12 or De- register as a heritage building, demolish and add the lands to the Lundy's Lane Cemetery for burial lots and free standing columbaria. The 2013 Cemetery Services Review refers to the land as being prime land for cemetery expansion. The Building has been reviewed and is not suitable for an indoor columbarium. After demolition and land preparation costs, the site could conservatively generate over $400,000 in revenue, and close to $25o,000 in Perpetual Care fund revenue. 3/19/2013 7 South End Depot 4 Old Fire Station #6 • Used for storage of winter operations grader and summer grass cutting equipment for Municipal Works Yearly operating costs $13,938 (2012) • Repairs address damage only • Options: Review for potential expansion to accommodate Municipal Works future needs m Include building as part of energy audit to address high electrical costs ($8,o34 in 2012) Sylvia Place Market Building 5943 Sylvia Place 3/19/2013 8 Sylvia Place Market Building City Market for over 35 years • Yearly operating costs for electrical, water, gas and insurance $ 5,070 • Yearly revenue from stall rentals ($4,900 in 2012) designated for market advertising Repairs address damage only • Estimated cost to demolish $15,000 • Options: • In accordance with Council Report PD- 2008 -88 the existing market will remain in place until a new 8,000 sq ft market can be built at a cost of $1.0 -1.5 million Review the current market operation and budget and develop plans to attempt to recover a greater proportion of the building's yearly operating expenses and capital building costs Buildings Used by Community Groups Chippawa Town Hall Community Resource Building Firehall Theatre • Navy League Building • Niagara Falls Armoury • St. John Ambulance Building Willoughby Township Hall 3/19/2013 9 Guiding Principles for Review ▪ Organizations occupying a City-owned building should be responsible for full cost recovery of the building `s yearly operating expenses (utilities, insurance, maintenance) and yearly contributions toward capital building costs. • Should Council decide to sell the organization the building at a nominal cost, a condition of sale would prohibit resale of the building Guiding Principles for Review Should Council decide to maintain the current relationship with an organization , any operating or capital costs paid by the City should be considered a grant, and referred to the appropriate process. All lease agreements should be brought up to date, including a requirement for 85 million in liability insurance (currently most have 82 million) 3/19/2013 10 Chippawa Town Hall 8198 Cummington Square Chippawa Town Hall/Peterson Workshop 8186 Cummington Square Chippawa Town Hall Home to Peterson Community Workshop for 4o years School for arts and crafts, sale of artisans' wares and new drama and dance classes . Membership of 156 , with low enrollment in visual arts, dance and drama classes Lease extension requested - $2.00 per year 4 Cost to occupant - telephone, liability insurance and $500 - $1,000 per year on repairs and maintenance 3/19/2013 11 Chippawa Town Hall (cont'd) Cost to City Utilities Insurance Yearly Maintenance Total (Yearly - 2012) $4,22o $755 $2.173 $7,148 Capital Costs (10 Year Plan) $44,500 Accessibility Estimate $5o,000 Total (10 Year) $94,500 Chippawa Town Hall (cont'd) Options : fr The organization should be responsible for full cost recovery of the building's yearly operating expenses and yearly contributions to capital building costs, or The building could be sold to the organization at nominal cost, or The building could be sold and the group relocated to another facility (explore partnerships in other City- owned facilities) 3/19/2013 12 Chippawa Town Hall (cont'd) Option Preferred by Organization: Peterson Community Workshop supports a review of programming & fee structure and is willing to pay utilities only. ▪ They are willing to relocate to another building and to partner with other organizations, if needed • If feasible, they may consider purchasing the building at minimal cost. Community Resource Building 5017 Victoria Avenue 3/19/2013 13 Community Resource Building Former Carnegie Library Occupants are a mix of profit and not for profit organizations Tenant committee establishes rental agreements and collects rent 4 Tenant group pays utilities and repair & maintenance costs No lease /agreement can be found setting out parameters of relationship with City Community Resource Building (cont'd) 4 Cost to City Grant for NDAA rent Insurance Yearly Maintenance Total (Yearly - 2012) $4,421 $ 755 2,678 $7,854 Capital Costs (lo Year Plan)$171,7o0 Accessibility Estimate $5o,000 Total (10 Year) $221,700 3/19/2013 14 Community Resource Building ( cont'd) Options: • Tenant(s)should be responsible for the full cost recovery of yearly operating expenses and yearly contributions towards capital building costs. 8 Rental agreements between the City and tenants should be established with rates for for - profit and non - profit groups. w Opportunity for establishment of a not - for - profit arts & culture focused centre. Refer to Cultural Master Plan process. • Sell the building at market rate. Community Resource Building (cont'd) • Options Preferred by Organization Concensus amongst tenants indicates that they could be responsible for full cost recovery of building's yearly operating costs, but not the capital building costs. 3/19/2013 15 Firehall Theatre 4990 Walnut Street Firehall Theatre 155 seat community theatre leased to the Niagara Falls Music Theatre Society (NFMTS) for $1.00 per year Non- profit group mounts 24 performances each year requiring 10 months of rehearsal Theatre is rented to other groups with permission from the City NFMTS pays utilities ( $8,810 in 2012) and invests si000 per year in maintenance of the building Limited tickets to performances are donated to non - profit groups . 3/19/2013 16 Firehall Theatre (cont'd) • Cost to City Insurance Yearly Maintenance Total (Yearly - 2012) $ 1,396 $ 2,410 $ 3,806 Capital Costs (10 Year Plan) $154,500 Accessibility Estimate $ 40,000 Total (10 Year) $194,500 Firehall Theatre (cont'd) Options: The organization should be responsible for full cost recovery of the building's yearly operating expenses and a yearly contribution to capital building costs. Firehall Theatre should be part of the Cultural Master Plan process Sell to the organization at nominal cost, or Sell the building on the open market. 3/19/2013 17 Firehail Theatre (cont'd) Options Preferred by Organization The Niagara Falls Music Theatre Society wishes to remain in the building, continue to pay the building's yearly operating costs, and make yearly contributions toward capital costs. Navy League Building 5626 Leonard Avenue 3/19/2013 18 Navy League Building (cont'd) • Navy League and Sea Cadet training centre for 20 years in this location 4 Non - profit group pays for utilities ($15,000 in 2012), $2 million in liability insurance and for building repairs and maintenance Group would like a 5 to 10 year lease arrangement to enable them to apply for funding. O City is minimally involved - insurance and asbestos testing ($1,302 in 2012) 10 Year Capital Plan and estimated accessibility improvements total $65,000 Navy League Building (cont'd) • Options: O The organization should be responsible for full cost recovery of the building `s yearly operating expenses and yearly contributions toward capital building costs, or O The Navy League could buy the building from the City at a nominal fee, or • The Navy League could relocate (explore partnerships in other municipal buildings), and the property is sold for higher density residential development 3/19/2013 19 Navy League Building (cont'd) Option Preferred by Organization The Navy League is willing to be responsible for full cost recovery of the building `s yearly operating expenses and capital building costs with a 5 to 10 year lease arrangement, or The organization is willing to buy the building from the City at a nominal fee, or The Navy League is willing to relocate to another mutually acceptable location (preferably the Armoury) Niagara Falls Armoury Building 5049 Victoria Avenue 3/19/2013 20 Niagara Falls Armoury Building ( cont'd) • Not - for - profit Niagara Military Museum • Estimated attendance is ioo people per month with admission by donation w Lease ends March 2013 - $2.00 per year, telephone and $5 million liability insurance. Group would like a 5 tom year lease arrangement to enable them to apply for funding. • Purchased through an arrangement through the Federal government in which sale of the building by the City is permitted, with two restrictions - that the heritage features of the building must be preserved and that the exterior of the building must be restored as closely as possible to the original facade (which the City has done) Niagara Falls Armoury Building (cont'd) • Cost to City Utilities $ 9,099 Insurance $ 558 Yearly Maintenance $ 3,760 Total (Yearly - 2012) $ 13,417 Capital Costs (io Year Plan) $296,500 Accessibility $ 50,000 Total (10 Year) $346,500 3/19/2013 21 Niagara Falls Armoury Building (cont'd) Options: The organization should be responsible for full cost recovery of the building `s yearly operating expenses and a yearly contribution to capital building costs, or Sell the building. Niagara Falls Armoury Building ( cont'd) - Option Preferred by Organization The Niagara Military Museum feels they will be able to achieve full recovery of the building's yearly operating costs by Fall 2014. They are requesting a 5 year lease (including the second floor) to enable them to apply for capital improvement funds for wheelchair accessibility (elevator), and replacement of exterior bricks. 3/19/2013 22 St. John Ambulance Building (cont'd) a Office and garage space for St. John Ambulance and Chair -A -Van ▪ Para- transit services will be relocating to the new Niagara Falls Transit facility Lease agreement - $i.00 per year, $2 million liability insurance, and utilities ( $8,249 in 2012) ▪ The tenant also pays yearly maintenance costs of $4,434 in 2012 for snow removal, cleaning etc. and significant amount towards building upkeep and improvements (i.e. new floors, lighting etc.) 3/19/2013 23 St. John Ambulance Cost to City Insurance Yearly Maintenance Total (Yearly - 2012) Capital Costs (lo Year Plan) Accessibility Total (lo Year) (cont'd) $o $ 1,250 $1,250 $65,000 $65,000 St. John Ambulance (cont'd) Options: With para- transit services scheduled to relocate to the new City Transit facility, sell the building to St. John Ambulance, or Demolish the building and sell the land for residential development 3/19/2013 24 St. John Ambulance (cont'd) 4 Option Preferred By Organization St. John Ambulance may be interested in purchasing the building for a minimal cost once the roof is replaced by the City at a cost of $25,000. Willoughby Township Hall 11211 Sodom Road 3/19/2013 25 Willoughby Township Hall t Designated heritage buildings with two accessory structures Used as meeting and storage space, and the hall is available for use by donation (200 events per year). Liability is an issue. 4' There is no agreement with the occupants, the Willoughby Community Centre Committee. The City is billed $65 monthly for cleaning Volunteer Fire Station #5 (located across the street) also provides hall rentals Willoughby Township Hall (cont'd) 4' Cost to City Utilities Insurance Yearly Maintenance Total (Yearly - 2012) $2,663 $7o8 $ 2,030 $5,4o1 Capital Costs (10 Year Plan) $81,000 Accessibility Estimate $15,000 Total (10 Year) $96,000 3/19/2013 26 Willoughby Township Hall (cont'd) Options: • Identify the Willoughby Community Centre Committee's mandate and authority for using and renting out the hall. The organization should be responsible for full cost recovery of the building `s yearly operating expenses and a yearly contribution to capital building costs, or • Sell the building to the organization at a nominal cost, or sell the building on the open market. Willoughby Township Hall (cont'd) • Option Preferred by Organization The Willoughby Community Centre Committee is meeting to discuss charging a set fee for the use of the hall and potentially directing the proceeds to the City. 3/19/2013 27 Next Steps Staff are requesting Council's direction regarding the future of each of the City buildings discussed in this report. 3/19/2013 28 NiagaraFalls City Owned Buildings March 2013 Court House - Building Record Name of Building ^= ' Building former City Hall Court House Location | 4300 Queen Street Building _—`-- Office building and former jail in basement. Listed under the Ontario Heritage Act. 2 storey Stone/Brick Veneer Building Type Building Material Description Year Constructed 1866 with renovations in 1954 Building Area (Sq.Ft.) Accessibility Not accessible Asbestos/Hazardous Materials ! Asbestos present ------- l ----- -------�� Building Replacement Cost (for building only - does not include land or site) $4,142,500 Estimated Market Value ( No estimate avaUab|e Assessed Value g6'2v7'VUO (may include City Hall Building) Potential Tax Revenue (City Portion Only) To be provided by Finance Current Use Vacant - Used only for City storage Occupants: N/A - Comments/Needs If the Court House is disposed of, a plan to address file storage for City Hall would be required. Lease Agreement: N/A Details N/A Rent N/A Annual Operating Expenses Utility Costs (PAID BY CITY) Hydro charges are inctuded in CityHaH bffling Insurance (PAID BY CITY) Yearly Maintenance Costs (PAID BY CITY) | Asbestos Testing TOTAL ANNUAL OPERATING EXPENSE PAID BY CITY Capital --~___�_`'`~°-��'�'~~~�~.`~~~~ xecen��npua/w�p*/o�,°.��,".,/ Recen��ap�a|Repahs(PA|�BYOTY) New Doors Recent Capital Repairs (PAID BY OCCUPANTS) N/A 10 Year Capital Plan - Anticipated Costs (2013-2023) 2,500 Damages wilIl be repaired ony. Cost to demolish $lSO.VU0 Total $0.00 a) L-�_- a)lease or sell Court House building on the open market as is, or b) demolish the Court House and retain the lands for future consideration. Updated March 2013 Park Street Market Pavilion Building - Building Report Name of Building Location Property Size Building Information Park Street Market Pavilion Building Park Street Part of a larger parcel Building Type Building Material Description Year Constructed Building Area (Sq.Ft.) Accessibility Market Pavillion Concrete 1974 Asbestos /Hazardous Materials Zoning Asbestos present Central Business Commercial (CBC) Building Value Building Replacement Cost (for building only - does not include land or site) Estimated Market Value Assessed Value $194,863 i Not Available Parcel 1 - $276,000 Parcel 2 - $226,000 Total = $ 502,000 Total for both sites = $5,049 Potential Tax Revenue (City Portion Only) Building Use and Agree Current Use Occupants: City storage, public washrooms and parking commissionaires' office N/A - Comments /Needs The market has not been in operation as a market for many years. N/A N/A Lease Agreement: - Details N/A Annual Operating Expenses Utility Costs (PAID BY CITY) Insurance (PAID BY CITY) Yearly Maintenance Costs (PAID BY CITY) TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) Recent Capital Repairs (PAID BY CITY) Electrical Water 3,612 1,500 Repair damages only $5,496 Damaged Doors Replaced Recent Capital Repairs (PAID BY OCCUPANTS) N/A 10 Year Capital Plan - Anticipated Costs Plumbing Fixtures (2013 -2023) $3,000 Options Total $500.00 The Park Street City Market Pavillion has not been used for the purposes of a public market for a number of years. It is recommended that, through the Parking Capital Budget, the building be declared surplus and redeveloped as a parking lot, in accordance with the strategic plan for the downtown. Updated March 2013 Recreation Commission Building - Building Record Name of Building ! Recreation Commission Building Location ( 7565 Lundy's Lane Property Size 23,585 sq. ft. ( 163 ft. frontage x 144 ft. depth) Building Information Building Type Building Material Description Year Constructed Former School, Police building, then Recreation and Culture offices. Designated under Part IV of the Ontario Heritage Act (2010). Brick and stone - frame construction 1915 with later addition Area (Sq.Ft.) 3,892 Accessibility ' Not accessible Asbestos /Hazardous Materials Asbestos present Zoning Tourist Commercial (TC) Building Replacement Cost (for building only - does not include land or site) Estimated Market Value Assessed Value Potential Tax Revenue (City Portion Only) Building Use and ee rl ents $890,000 $400,000 - $500,000 $430,000 _w $4,324.85 Current Use 1 Vacant Occupants: F None - Comments /Needs N/A Lease Agreement: N/A Details N/A Annual Operating Expen Utility Costs (PAID BY CITY) Insurance (PAID BY CITY) Yearly Maintenance Costs (PAID BY CITY) TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) Capital Expenses Electricity For demolition and debris only Asbestos Testing $705 $277 $1,722 Recent Capital Repairs (PAID BY CITY) None 10 Year Capital Plan - Anticipated Costs None planned (2013 -2023) Demolition cost $130,000 Options a) Sell the building subject to a reserved bid of $216,000 as per Council's direction in Report L- 2010 -12, or b) deregister the building as a heritage property, demolish the building and add the lands to Lundy's Lane Cemetery for burial lots and free standing columbaria. The 2013 Cemetery Services Review refers to the and as being prime land for cemetery expansion. The Building has been reviewed and is not suitable for an indoor columbarium. After demolition and land preparation costs, the site could conservatively generate over $400,000 in revenue and over $250,000 in Perpetual Care funds. Updated March 2013 South End Depot Building - Building Record Name of Iuilding ' South End Depot Building Location 8061 Schisler Road Property Size Building Information Building Type j Part of a larger parcel Old Fire Station #6 Building Material Description Metal garage building - single bay with rear deck Year Constructed 1970's Building Area (Sq.Ft.) 2,531 Accessibility Not accessible (Main floor only) Asbestos /Hazardous Materials Zoning Building Value Building Replacement Cost (for building only - does not include land or site) Rural Agricultural (RA) $354,375 Estimated Market Value Assessed Value To come__.. Potential Tax Revenue (City Portion Only) Building Use and Agree Current Use eats Occupants: - Comments /Needs Lease Agreement: - Details Rent Annual Opera :ing Expenses Utility Costs (PAID BY CITY) Equipment storage for Municipal Works operations and limited storage for new Station #6 upstairs Municipal Works equipment Grader for winter operations and summer grass cutting equipment is stored in this location. N/A N/A N/A Electrical (2012) Propane Insurance (PAID BY CITY) Yearly Maintenance Costs (PAID BY CITY) TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) Capital Expenses Capital Repairs (PAID BY CITY) Annual Insurance s Septic, Security Alarm. Misc. 1 Repairs !Approximate Door Repairs $8,034 $1,600 $304 $4,000 $13,938 $1,500 Total $1,500 10 Year Capital Plan - Anticipated Costs Item (2013 -2023) None - unless damage occurs I Cost Options Review for potential expansion to accommodate Municipal Works future needs. Also, include the building as part of the energy audit to determine why the electrical costs are so high. Sylvia Place Maket Pavilion Building - Building Report Name of Building Location Property Size Building Information Sylvia Place Market Pavilion Building 5943 Sylvia Place Part of a larger parcel Building Type Shelter and sales area for a market Building Material Description Architectural concrete block/Framed Roof Year Constructed 1970 Building Area (Sq.Ft.) 660 Accessibility Accessible Asbestos/Hazardous Materials Not Identified Zoning General Commercial (GC) Building Value Building Replacement Cost (for building only - does not include land or site) Estimated Market Value Assessed Value $151,800 Awaiting response from M PAC Potential Tax Revenue (City Portion Only) Building Use and Agreements Current Use City Market Occupants: Length of Time in this Location - Comments/Needs Lease Agreement: - Details Rent Annual peratin: Expensi Utility Costs (PAID BY CITY) Insurance (PAID BY CITY) Various Vendors (selling produce, meats and cheeses etc.) 35 years N/A Rental agreements between City and vendor Manager of Facilities or Market Clerk collects rent $125/year for outside vendors $1000 per year for indoor vendors ($500/year for smaller indoor stall) The total revenue received in 2012 was $4,900. Yearly Maintenance Costs (PAID BY CITY) TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) Capital Expenses Electricity 2,112 Water 1,399 Gas $800 $759 Recent Capital Repairs (PAID BY CITY) Damaged Doors Replaced New Plumbing Fixtures Total Recent Capital Repairs (PAID BY OCCUPANTS) N/A $5,070 3,000 500 $3,500 10 Year Capital Plan - Anticipated Costs Demolition $15,000 - (2013-2023) Sylvia Place Maket Pavilion Building - Building Report Name of Building Location Sylvia Place Market Pavilion Building 5943 Sylvia Place Total Options $15,000.00 Report PD- 2008 -88 adopted by Niagara Falls City Council in November 2008, recommended that the existing market building remain in place until a new 8,000 square foot market can be built. The estimated cost for the new market building is $1 million to $1.5 million. The redevelopment cost of the entire site is projected to be slightly over $3 million. Updated March 2013 Chippawa Town Hall - Building Record Name of Building Location Chippawa Town Hall - Peterson Community Workshop 8196 Cummington Square Property Size 1,961 sq.ft. (26 ft. frontage x 75 ft. depth) Building --_Information Building Typ Building Material Description Year Constructed Designated under Part IV of the Ontario Heritage Ac (1983) Two storey stone construction with frame roof and clock tower 1842 Building Area (Sq.Ft.) 3,043 l-- —'--- Accessibility | Not accessible Asbestos/Hazardous Materials | Asbestos present Zoning Genera Commercial (GC) Building Value Building Replacement Cos (for building only - $678'099 does not include land or site) Estimated Market Value i $159,000 Assessed Value Potential Tax Revenue (City Portion OnIy) i $1,166.70 Building Use and Agreements Current Use Home to non-profit arts & culture organizations Occupants: -- �� Peterson Community Workshop Association (registered charity) with school for arts and crafts, members artisan's store, drama classes, exercise class. 41 years - Comments/Needs 2Oz�B dgetand list of board members attached - ---- -- Lease Agreement: ,es' January z ' 2003 to December 31, 2012 � Arequeettoextendthe lease has been received in accordance with the agreement ------ ----- � million 'Detaib $2 million Rent $2.00 per year Groups Providing Similar Services iri Niagara Niagara Falls Art Gallery, and to a Iesser extent, the YMCA and Boys & Falls |Gids Club. Also Niagara Falis School of Drama. Length of Time in this Location Annual Operating Expenses UdW�C��(P�D8YO�) Electricity I Water I Natural Gas ----- Utility Costs (2012) Insurance (PAID BY ORGANIZATION) $2,900 Insurance (PAID BY CITY) Yearly Maintenance Costs (PAID BY CITY) I Asbestos Testing Maintenance Items Total Maintenance Costs 2,001 587 1,632 $4,220 $755, 1,433 $2,173 TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY Sleep Cheap Donation (2012) For art supplies ra $7,148 $4,000 Cap«t Expenses Recent Capital Repairs (PAID BY CITY) New Shingles (2003) / New HVAC(2OO5) } ----- --- New Ceiling and Lighting (2007) 2,500 20,000 $50,000.00' Chippawa Town Hall - Building Record Name of Building Location Chippawa Town Hall - Peterson Community Workshop 8196 Cummington Square Recent Capital Repairs (PAID BY OCCUPANTS) Total $26,200 Paint, drywall and floor repairs, installed used kitchen cabinets. Approximately $500 - $1000 is spent each year on building painting and various repairs plus all skilled trades hours completed by volunteers. 10 Year Capital Plan - Anticipated Costs Item (2013 -2023) Foundation Roof Windows Doors Interior Walls Ceilings Exterior Clock Upstairs Floors Electrical j Plumbing Fixtures Total Cost $2,000 6,000 20,000 1,000 5,000 2,000 500 5,000 1,000 2,000 $44,500.00 Estimated Cost to Make Facility Accessible A review of Peterson Workshop programming and fee structure be undertaken and a business plan prepared. The organization should be responsible for the full recovery of the building's yearly operating expenses (approximately $7,658.) and capital building costs to be outlined in an appropriate lease arrangement. or The building be sold to the organization at a minimal cost. or Sell the buildin: and relocate Peterson Communit Worksho. to another location. Option Preferrecibby Organization: Peterson Community Workshop would support reviewing their programming and fee structure. The organization is willing to pay utilities if City can pay other costs, for example insurance. The group is also willing to relocate to another building and to partner with other organizations, if needed. or If feasible, they may consider purchasing the building at a minimal cost. (This would require further information regarding insurance and property taxes). Updated March 2013 Community ��UU�� Building �� ~�"."...°��.N�� ~~.~=~��.~°~~ ��~=mn��n""�� nm~~~~~�.�� Name of Building Location Community Resource Building 5017 Victoria Avenue Property Size Building Information Building Type Building Material Description Year Constructed Building Area (Sq.Ft.) Accessibility Aabestos/MazardousK8atehab Zoning Building Value _ 12,750 sq. ft. (85 ft. frontage x 150 ft. depth) Designated under Part IV of the Ontario Heritage Ac (1999). Former Carnegie Library buliding i 2 storey frame construction with red brick veneer 1910 with later acfdition 5,126 T--- ---- ' Not accessible ) Building Reptacement Cost (for building only - does not mci land or site ) Estimated Market Value Assessed Value ' ----' — Asbestos present General Commercia (GC) $2,691.821 (2008) $424,000 r -- | $630,000 Potential Tax Revenue (City Portion OnIy) $6,336.41 Current Use Intended to be a community resource building for not for profit rentals Occupants: - Comments/Needs Lease Agreement: - Details Rent Annual Operating Expenses ~--~ ABA Autism Services Niagara, Audrey Watkins Highland Dance, Dawn Artworks, Epilepsy Niagara, Family and Children's Services (FACS), 1xxRLugics' Neto Native Arts, Niagara District Art Association, Niagara Counsefling Semice�Susan Scho|0e|dGrove�(Accuuntant) Several of the tenants are for-profit businesses. Niagara District Art Association receives a grant of $4'421 (2012) from the City to pay their annual rent. No iease with the City could be found. There are however, rental arrangements between individual occupants and the tenant committee. Originally Ieased to the Social Planning Councii in 1975 and housed primarily social service a ncies Rent is collected by John R gics, chair of the tenant committee. Utility Costs (PAID BY TENANT GROUP) / To be provided by Tenant Group Insurance 2012 - (PAID BY CITY) ' $755 ---- | ---- ---- - Yearly K8aintenanceCos� R (PAID . Snow Removal 1'000 Asbestos Testing 740 5ecoritvA|a/nn 170 Lawn Care 428 Sprinkler Testing 340 ! Total TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) $2,678 Community Resource - Building Record Name of Building 1 - - --- '--- Community Resource Building Location Capital Expenses Recent Capital Repairs (PAID BY CITY) | 5017 Victoria Avenue Flat Roof 30,000 2007-2008 ' Shingled Roof 20'000 Flooring 5'000 Chimney 8,00 Exterior Trim Restoration 25'000 2009 Stone Rail 8,580 Stone Rail 10'000 2011 HVACRepairs 452 , . Brick Re-pointing 2.500 Misc. Repairs 345 Total $109,797 Recent Capital Repairs by Occupants Other Comments Painting, repairs, establishment ofa second floor boardroom Building Condition Repor prepared in 2011 by ACA Engineering Services avaiiable. 10 Year Plan - Anticipated Costs Item Foundation Windows Exterior Brick Cladding Sidewalks Doors Interior Walls Ceilings Cost 3,000 101,000 5,000 5,000 1,000 500 Floors HVAC Plumbing ---Fixtures Electrical Electrical Room Screen Total 2,000 7,000 36,000 6,000 5,000 200 $171,700.00 Estimated Cost to Make Facility Accessible $50,000.00 Options The tenants should be responsible for full recovery of the building's yearly operating expenses and capital building costs. Rental agreements between the City and each tenant should be established. If for profit business are allowed to rent the buliding, separate rates for for-profit and non-profit should be established. There is the potential to create a not-for-profit arts & culture focused centre. This discussion should be referred to the Cultural Master Plan. Option Preferred b Organization Concensus amongs the tenants indicates that they could be responsible for fufl recovery of the building's yearly operating expenses, but not the capital building costs. �°��N�7�� Building Record N-U"~~��~=NU Theatre - ��~~��U�. ��~~~~�=�� Name of Building Location Property Size Firehall Theatre 4990 Walnut Street 11,270 sq. ft. (80 ft. frontage x 140 ft. depth) Building Information Building Type Building Material Description Year Constructed Building Area (Sq.Ft.) Accessibility Fire Hall converted to a community theatre in the 1970s 2 storey brick veneer 1917 with later additions 9,618 Partial. The lobby, concessions, theatre, and washrooms are accessible, but the rehearsal space, stage, basement are not. Asbestos/Hazardous Materials Asbestos present Zoning Building Value Building Replacement Cos (for buliding only - does not inc!ude land or site) Deferred Tourist Commercial (DTC) $1,731,240 Estimated Market Value Assessed Value Potential Tax Revenue (City Portion Only) As R4 $355,000; As Tourist Commercial - $432,000 $461,000 $4,636.64 Building Use and Agreements Current Use Occupants: Length of Time in this Location - Comments/Needs Lease Agreement: Not-for-profit, 155 seat community theatre with lobby, conces ion. and rehearsal and storage space Niagara Falls Music Theatre Society (registered charity) 46 years The Niagara FalIs Music Theatre Society mounts 24 performances each year, requiring 10 months of rehearsal (3 nights per week). Limited tickets to performances are donated to non-profit groups for fundraising ( ie. Eventide Nursing Home, Niagara Community Kitchen, Daval Hospioe, Hospice Niagara) The theatre is also rented ( with City permission) to other groups such as Niagara Falls School of Drama. Yes, established in 1983 (renewable). - Details | Lessee responsiblefor water, gas, electricity and telephone. Rent $1.00 per year Falls Annual Utility Costs (PAID BY OCCUPANTS) Street. 2012 Insurance (PAID BY OCCUPANTS) Insurance (PAID BY CITY) Yearly Maintenance Costs (PAID BY CITY) . Asbestos Testing T Snow Removal Security Alarm Testing TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) Recent Capital Repairs (PAID BY CITY) Total $8,810 $3,078 $1,396 $740 $1.500 $170 $2,410 HVAC (2005-6) | $14 OOU $3,806 Firehall Theatre - Building Record Name of Building Firehall Theatre Location 4990 Walnut Street Roof (2007 -8) $58,500 Paint (2007 -8) $5,500 Exit Signs (2007 -8) ! $150 Bat Abatement (2009) $3,000 Total $81,150 '. Recent Capital Repairs (PAID BY OCCUPANTS) Lawn Maintenance $1,623 10 Year Capital Plan - Anticipated Costs Appliance Replacement Building and Equipment Maintenance Equipment (plus $15,000 from Trillium grant) Total Foundation $450 $1,650 $1,325 $50,000 $5,048 (2013- 2023) Exterior Cladding $18,000 Sidewalks $5,000 [ Parking Lot $5,000 Windows ! $16,000 Exterior Doors $4,000 --;— Interior Walls fi $2,500 $2,500 Ceilings Plumbing $19,500 Alarm System 1 $1,500 Ceiling Fans ; $4,500 Electrical $19,000 Roof $6,000 Total $153,500 $40,000 Estimated cost to Make Facility Accessible Options`' 1) A review of Firehall Theatre's programming and rental structure be undertaken and a business plan prepared. The organization should be responsible for full cost recovery of the building's yearly operating expenses and a yearly contribution to capital building improvements. Firehall Theatre should be part of the Cultural Master Plan process, or 2 Sell the buildin: to the organization at a nominal cost or sell the buildin: on the o•en market Option Preferred by Organization, The Niagara Falls Music Theatre Society wishes to remain in the building, continue to pay the building's yearly operating expenses, and share some capital costs but not commit to 100% of capital costs. There is an opportunity to rent the facility during summer months for drama camps. Updated March 2013. Navy League Building - Building Record Name of Building Location Property Size Building Information Building Type Building Material Description Year Constructed Navy League Buliding (Sea Cadets) 5626 Leonard Avenue 30,000 sq. ft. (100 ft. frontage x 300 ft. depth) Training Centre and Offices 2 storey concrete block building with stucco exterior and flat roof 1948 Building Area (Sq.Ft.) Accessibility Asbestos/Hazardous Materials Zoning Not accessible Asbestos present - former Hydro property Institutional (I) Buildinf; Value Building Replacement Cost (for building only - $820,173 does not include land or site) Estimated Market Value Assessed Value Potential Tax Revenue (City Portion Only) Use and Agreements Current Use Occupants: Length of Time in this Location - Comments/Needs Lease Agreement: t5169,000 51,278.53 Navy League Cadet and Sea Cadet training centre with naval oriented youth programs for ages 9 -13 years (currenty 25-30 cadets) and 12 17 years (currently 45 50 cadets) that cultivate Ieadership and teamwork. Various courses include sailing, rope work, sports, drill and competitions. There is no fee for enroflment. The substation at the Sea Cadet Building is still used as a transfer *tad"nbvmPE____-_-__ The Navy League of Canada - Ontario Division - Sea Cadets - Details Rent Groups Providing Similar Services 20 years 10 year lease agreement ended December 2009 Lessee to pay water, gas, electricity, and t&ephone, and provide million in liability insurance. $%.00 per year This is the only Naval Cadet Training Centre serving Niagara Falis, Niagara-on-the-Lake, and supporting Wefland, Port Colborne, and Utility Costs (PAID BY OCCUPANTS) Grass, �", u"�", mm,~, '�`—~ Water Grass I Cuttin and Snow Removal - Insurance Insurance (PAIO BY CITY) Yearly Maintenance Costs (PAID BY CITY) TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) Asbestos Testing $562 __ $1,302 Recent Capital Repairs (PAID BY CITY) Recent Capital Repairs (PAID BY OCCUPANTS) Regraded wes and north side of lot AH maintenance and upgrades | Last five years - roof, chimney, stucco and block repairs $1,800 $11,200 Navy League Building - Building Record Name of Building location Navy League Building (Sea Cadets) 5626 Leonard Avenue 10 Year Capital Plan - Anticipated Costs (2013 -2023) Full Needs Assessment not Available Item Windows Insulation Cost Total $10,000 $5,000 $15,000 Estimated Cost to Make The Facility Accessible? $50,000 Options a) A review of the Navy League programming be undertaken and a business plan prepared. The organization should be responsible for the full recovery of the building's yearly operating expenses and a yearly contribution to capital building costs to be outlined in an appropriate lease arrangement. b) the Navy League buy the building from the City at a nominal fee or c the Nay Lea:ue relocates and the • ro • ert is sold for hi :her densit residential develo • ment. Option Preferred by Organization The Navy League is : 1) willing to be responsible for the full recovery of the building's yearly operating expenses and capital building costs to be outlined in an appropriate lease arrangement, or 2) willing to buy the building from the City at a nominal fee, or 3 willin: to relocate to another mutuall acce• table location •referabl the Nia:ara Falls Armour Updated March 2013 Niagara Falls Armoury Building - Building Record Name of Building Niagara Falls Armoury Building Location Property Size Building Informations Building Type 5049 Victoria Avenue Building Material Description Year Constructed 38,750 sq. ft. (125 ft frontage x 310 ft. depth) Designated under Part IV of the Ontario Heritage Act (1998) 2 storey brick and stone structure 1911 Building Area (Sq.Ft.) Accessibility Asbestos /Hazardous Materials Zoning Bui ing value Building Replacement Cost (for building only - does not include land or site) Estimated Market Value Assessed Value Potential Tax Revenue (City Portion Only) Buil=cltrtB Use an A ee ifet16 .s 6,581 Not accessible Asbestos present _. General Commercial (GC) $1,645,125 $640,000 $630,000 $6,336.41 Current Use Occupants: Length of Time in this Location - Comments Lease Agreement: - Details Rent $2.00 per year Regional not - for - profit military museum and related activities The Niagara Military Museum The museum opened in November 2012, with varied hours of operation accomplished through volunteer staffing. Estimated i attendance is 100.people per month. Admission is by donation. 3 years The City bought the Armoury building from the federal government in 2004 for $2.00 after Canada's defence department decommissioned it. The City can re -sell the armoury, however, when the city bought the building, it accepted two restrictions: 1) It had to preserve the heritage features of the building. 2) It had to restore the exterior of the building as closely as possible to the original facade. The city may have completed item 2. Any purchaser would be required to assume these restrictions. A Building Condition Report was completed in 2011 by ACA Engineering 5ertiice__..___ 1 With Niagara Military Museum Inc. commencing September 1, 2010 and ending March 31, 2013. The group desires an extension to the lease to enable access to grants. Lessee pays telephone, internet, and $5 million Liability insurance Groups Providing Similar Services in Niagara Niagara Falls History Museum, Lincoln /Welland Regimental Museum Falls in St. Catharines and military vehicle museum in Niagara -on- the - Lake Utility Costs (PAID BY CITY) Building Insurance (PAID BY CITY) Electricity (2012) Water (2012) Natural Gas (2012) Total Insurance 2,428 $1,626 $5,045 $9,099 5558 Niagara Falls Armoury Building - Building Record Name of Building Niagara Falls Armoury Building Location 5049 Victoria Avenue Yearly Maintenance Costs (PAID BY CITY) Asbestos Testing $740 } Grass Cutting (City Contractor)* $510 Snow Removal $2,000 Security Alarm $170 Sprinkler Testing $340 Total r $3,760 TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) $13,417 Note: The flower gardens are tended by the Niagara Falls Horticultural Society Capita( Expenses Recent Capital Repairs (PAID BY CITY) New Roof (2007 -8) ; $148,730 s , Paint $12,400 9 Masonry $25,000 l Total $186,130 Recent Capital Repairs (PAID BY OCCUPANTS) None identified 10 Year Capital Plan - Anticipated Costs Cost (2013 -2023) Foundation I Roof Exterior Cladding Parking Lot Windows Doors $5,000 $50,000 $10,000 $20,000 $100,000 Interior Walls Ceilings Plumbing and Fixtures i Floors HVAC $10,000 $10,000 $10,000 $15,500 $5,000 $50,000 Landscaping $1,000 ! Painting i $10,000 Total Estimated Cost to Make Facility Accessible 1 $296,500 $50,000 Options A review of the programming and fee structure should be undertaken and a business plan prepared. The organization should be responsible for the full recovery of the building's yearly operating expenses (approximately $13,417.) and a yearly contribution to capital building improvements to be outlined in an appropriate lease arrangement. or The designated building be put on the open market for sale and the group partner with the Niagara Falls History Option Preferred by Organization The Niagara Military Museum feels they will be able to achieve full recovery of the building's yearly operating expenses (approximately $13,417. per year (2012)) by fall of 2014. They are requesting a 5 year lease (including use of the second floor) to enable them to access funding for capital improvements including wheelchair accessibility (elevator) and replacement of exterior bricks. St John Ambulance Building Building Record =° Name of Building St. John Ambulance Building Location Property Size Building Information 5734 Glenholme Avenue Building Type Building Material Description Year Constructed Building Area (Sq.Ft.) Accessibility Asbestos/Hazardous Materials Zoning tuldsng Value 11,256 sq. ft. (80 ft. frontage x 140 ft.depth) Garage and office facility One storey concrete block building 1947 3,719 Accessible Asbestos present �_- Rpsidenda|Z(R2) Building Replacement Cos i $520590 (for building only - does not inc!ude land or site) Estimated Market Value Assessed Value 2'000 Potential Tax Revenue (City Portion Only) 1 $926.51 Butick and Agreements Current Use Occupants: Instruction and training in first aid, office space and housing of one or more ambulances and Niagara Chair-A-Van vehicles Not-for-profit organizations - St. John Ambulance Association and | Niagara Chair-a-Van services Length ofTime in this Location - Comments/Needs Lease Agreement: - Details Rent --- ' — — Groups Providing Similar Services In Niagara Falls Annual Operating Expenses Utility Costs (PAID BY OCCUPANTS) Insurance (PAID BY OCCUPANTS) Yearly Maintenance Costs (PAID BY OCCUPANTS) Insurance (PAID BY OCCUPANTS) Para-transit services will be Iocating in the new City of Niagara Falis Transit facilities. With St. John Ambulance Association commencing May 1, 2002 ending April 3O2O1Z Lessee to pay water, gas, electricity and tetephone as weJI as $2 ; million liability insurance. f----- { $1.O0 per year + Snow removai, cleaning, general maintenance and repair \ $8,249 $4,434 Yearly Maintenance Costs (PAID BY CITY) Asbestos Testing � 5740 $170 $340 Security Alarm / $ $]40 $1,250 Sprinkler Testing Total TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) CaPitai ExPenses $1,250 Recent Capital Repairs PAID BY CITY) SO St. John Ambulance Building - Building Record Name of Building St. John Ambulance Building Location 5734 Glenholme Avenue Recent Capital Repairs (PAID BY OCCUPANTS) Various including new floors, lighting upgrades, accessibility improvements, repair of garage doors etc. $19,845 10 Year Capital Plan - Anticipated Costs 1 Item Cost 4— (2013-2023) 1 Parking Lot $10,000 1 Roof $25,000 I Floors Electrical $5,000 $5,000 Exterior Masonry Walls $1.0,000 Gas Seal Garage $3,000 Garage Door Jambs 1— $2,000 Plumbing $5,000 ! Total $65,000 a) With para-transit services scheduled to locate at the new City of Niagara Falls Transit facility, the City sell the building to the St. John Ambulance Association, and if they choose not to buy it, put it on the open market, or b) St. John Ambulance Association relocates, the building is demolished and the land sold for residential development Option Preferred by Organization The St. John Ambulance organization may be interested in purchasing the building at a nominal cost, but would require that the roof be replaced by the City (at an approximate cost of $25,000)prior to its purchase. Updated March 2013 Willoughby Township Community Hall - Building Record Name of Building Location Property Size Building Information ; Willoughby Township Community Hall Building 11211 Sodom Road 59,096 sq. ft. (166 ft. frontage x 386 ft. depth) Building Type Building Material Description Designated heritage building (Bylaw 96243) and two accessory buildings Year Constructed Building Area (Sq.Ft.) One storey historic clapboard structure covered in asbestos siding. There is also a small garage with vinyl siding and a wood frame barn with rnetal Hall - 1877; Small Garage - 1950; Barn Garage - 1935 4- Hall - 2026 Small Garage -54V; Barn Garage -1194 Portable ramp; Not in compliance with Ontario Building Code. Also the washrooms are not accessible. Asbestos present in hall siding Accessibility Asbestos/Hazardous Materials Zoning Rural (R2) Building Replacement Cos (for building Hall only - does not include land or site) Small Garage Barn Garage Total Replacement Cost: Estimated Market Value Hall Potential Tax Revenue (City Portion OnIy) ' g401.18 Assessed Value Building Use and Agreements $263,380 $379,360 Current Use Occupants: Length of Time in this Location - Comments/Needs Lease Agreement: - Details Rent Meeting space and storage for the community group occupants and hall space is rented for social functions. Hall - Niagara Antique Power Association, Willoughby Historical Society and Willoughby Quilters. The hall is rented out by the Willoughby Small Garage and Barn Garage Willoughby Museum (storage) and Willoughby Volunteer Firefighters (storage of 1953 Fire truck, a van and fire department materials) Groups Providing Similar Services In Niagara Falls Hall occupants would like to install permanent handicap ramp and new accessible washrooms Not found The Hall has been used for approximately 200 unidentified social events per year. None paid to City. Free for use by local residents as long as the event is not a money making venture. For money making events and activities a donation is requested. There are no guidelines for the amount of the donation. The City is billed $65.00 per month for cleaning services. Many other places provide meeting space, and facility rentals, including Volunteer Fire Station #4 across the street, churches, and service group buildin:s Annual Operating Expenses Utility Costs (PAID BY CITY) Electricity (2012) $669 Natural Gas (2012) $1,994 I Water l N/A $13,700 Recent Capital Repairs (PAID BY CITY) Willoughby Township Community Hall - Building Record Name of Building / Willoughby Towriship Community Hall Building Location i 11211 Sodom Road Total T- $2,663 Insurance (PAID BY CITY) Insurance $708 Yearly Maintenance Costs (PAID BY CITY) Asbestos Testing I $740 Cleaning Services $780 ( Security Alarm $170 Sprinkler Testing $340 Total —� $2,030 TOTAL ANNUAL OPERATING EXPENSE (PAID BY CITY) Capital Expenses Recent Capital Repairs (PAID BY Restoration of Hall windows $I2000 Garage Barn Painting -1—S-1,200 Roof Repairs to Garage Barn $500 Total None identified 10 Vear Capital PIan - Anticipated Costs | Item ) Cost (2013-2023) Estimated Cos to Make the Facility Accessible Options Foundation 1 $10,000 Exterior Cladding $10,000 Sidewalks $2,000 Parking Lot 1 $5,000 Windows I $10,000 Doors $3,000 Interior Walls $5,000 Interior Doors $1,500 Ceilings I $2,000 HVAC $2,000 Plumbing and Fixtures $3,000 Electrical ! $3,000 Kitchen Cabinetry $10,000 Cistern Lid ; $500 Floors ; $10,000 Window Cover ngs $2,000 Roof $2,000 Total $81,000 $15,000 Identify the Willoughby Community Centre Committee's mandate and authority for using and renting the hall. The rental agreement and rental costs need to be standardized. User groups should pay a standard fee for facility use in order to move toward cost recovery. The organization should be responsible for the full recovery of the building's yearly operating expenses (approximately $5, 401.) and a yearly contribution to capital building improvements outlined in an appropriate operating agreement. or Sell the buildin: to the or:anization at ata minimal cost or on the o.en market. Willoughby Township Community Hall - Building Record Name of Building Location Willoughby Township Community Hall Building 11211 Sodom Road Option Preferred by Organization The Willoughby Community Centre Committee are meeting to discuss charging a set fee for the use of the hall and potentially directing the proceeds to the City. Updated March 2013 NIAGARA MILITARY MUSEUM C/O Garry Beck 9200 Sodom Road Niagara Falls Ont. L2E 6S6 Phone 905- 295 -3686 E -Mail gvbeckr&sympatico.ca City of Niagara Falls Canada Attention: Mr. Dean lorfida, City Clerk Re: Niagara Falls Armoury Building to a 5 year Lease Dear Sir, November 20, 2012 The Niagara Military Museum, Veterans' Associations who support the Niagara Military Museum, Niagara Falls citizens who are interested in cultural and heritage issues and other interested organizations wish to appear as a deputation to speak at the open City Council meeting at 5:00 PM in the evening of Tuesday, December 11, 2012. This deputation is to update Council and to move forward with the five years lease for the Niagara Falls Armoury by the Niagara Military Museum as we are now in the position to show the viability of the Niagara Military Museum as was discussed at the last Armoury ad hoc Committee meeting of July 19, 2010. Please contact Garry Beck of the Niagara Military Museum at phone number (905) 295 -3686 to confirm our place on the agenda or with any questions or concerns. Yours sincerely, Garry Beck President Niagara Military Museum Dean Iorfida From: Dean Iorfida Sent: Monday, February 25, 2013 4:43 PM To: gvbeck @sympatico.ca Subject: FW: more info Garry, I sent this email to you on February 12th. Original Message From: Dean lorfida Sent: Tuesday, February 12, 2013 9:49 AM To: 'gvbeck @sympatico.ca' Cc: 'kdnfalls @cogeco.ca'; Ken Todd; Dale Morton; Kathy Moldenhauer Subject: RE: more info Gentlemen: Staff will be bringing an omnibus report in March related to all City owned buildings. The Armoury and your request for a lease extension will be dealt with in that report. Thanks Dean Original Message From: Dean lorfida Sent: Tuesday, January 29, 2013 9:34 AM To: 'gvbeck @sympatico.ca' Cc: 'kdnfalls @cogeco.ca' Subject: Re: more info Thanks gentlemen. I'll advise on next steps in the coming days. Original Message From: Garry Beck [mailto:gvbeck @sympatico.ca] Sent: Monday, January 28, 2013 06 :42 PM Eastern Standard Time To: Dean lorfida Cc: Kathy Doherty < kdnfalls @cogeco.ca> Subject: more info Dean As per you're your request for more info. Garry 1 1 NIAGARA MILITARY MUSEUM 5049 Victoria Avenue, Niagara Falls, Ontario. Canada L2E 4E2 Telephone (905)358 -1949 Email: niamilmuseum@gmail.com Clerk's Office City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON, L2E 6X5 January 28, 2013 Niagara Military Museum wishes to provide the City of Niagara Falls Administration Staff information about the Museum and its progress in order to allow the Museum the opportunity to present its case for lease extension and expansion to the City of Niagara Falls Council at an upcoming meeting. Soon after opening we learned from visitor responses that Niagara Military Museum was not merely an exhibition hall with static displays. The intention was always to preserve and display military artifacts. Observation of exchanges from veteran to veteran or from visitor to the veteran's story evokes a personal connection. The response to the '`Hometown Heroes" exhibit brings the soldiers' life next door. At Niagara Military Museum visitors find personal guided tours and assistance with finding family military records on the internet. Niagara Military Museum offers a place to commemorate and reminisce. Guests have valued the unique experience at Niagara Military Museum. Although the physical presence of Niagara Military Museum in the Armoury was delayed at the onset of the lease, activities off site were taking place to acquire funds, support and the purchase and construction of display cabinets. This important preliminary work allowed Niagara Military Museum to move swiftly once the Niagara Falls History Museum moved out of the Armoury and the keys were acquired for access to the Armoury. The plans were set into action and Museum opened its doors on a timely basis. The key to a renewed lease appears to be based upon viability. Since opening its doors the Museum has gained substantial momentum in support from the community, preservation and display of artifacts, and independently built assembled and filled displays with exhibits solely by the efforts of volunteers without funding from any source. Niagarans want us here. At this stage viability appears to be a chicken and egg question the success of which is also dependent on a lease extension and expansion. The Museum has had no difficulty in acquisition of artifacts to fill its displays. The displays are quickly becoming overcrowded. Army and Navy displays are currently under construction with a lease space inadequate to accommodate the Museum's collection. Having enough space will impair growth and is one of the key criteria in obtaining viability. These supporters have now advised that their collection will be 2 delivered once the lease is renewed. As stated on our opening, we have the blessing of the deacon and the padre but it's the Mayor and Council's that is required. The extension and expansion of our lease to a minimum five years is essential to obtaining funding. A five year lease is the minimum criteria for most funding requests so the Museum has been denied on this basis without further consideration. Funding requests will include accessibility and building maintenance which will benefit the City of Niagara Falls as to date the Armoury itself is shows signs of deterioration after a decade of being vacant and inattention of repairs or upkeep shows. The continuing success story depends on a number of factors. This document will outline a number of these factors as follows: 1) Volunteers - enough to continue to staff the museum and plan growth 2) Attendance - 100+ guests per month and growing as presence is established 3) Support - from organizations, groups and individuals 4) Presentation of a Petition of support - 1,500+ supporters 5) Advertising - success with print, web based development in the works 6) Education - school visits, Cruizin' Curator, Duffle Bag Program, public 7) Event Planning - successful opening, media release, movie nights, preparation for centennial of WWI in August 2014 8) Care of the Facilities - upkeep and ongoing clean up and minor repairs 9) Fundraising - 100% increase over last year 10) Bookkeeping - accurate records, thorough care of nonprofit assets 11) Plans for Future Growth - WWI Fallen Soldiers Memorial, Establish A Battlefield Route, Audio Tour, Centennial of WWI in August 2014 12) Accessibility - necessary and of mutual benefit 13) Maintain the Security of Our Collection - install security system and controlled access 14) Gift Shop - the retail showroom displays and hangers have all been purchased 15) Library — establish a reading room and research Centre Niagara Military Museum wishes to thank the City of Niagara Falls Administration Staff for their time in reviewing information about the Museum's progress. Your consideration in allowing the Museum the opportunity to present its case for lease extension and expansion to the City of Niagara Falls Council at an upcoming meeting is very much appreciated. Should you have any recommendations or need further information which will expedite our case for lease renewal feel free to contact me. Sincerely, Garry beck andJim Doherty, NIAGARA MILITARY MUSEUM 3 1) VOLUNTEER HOURS: A) ON SITE HOURS: On site hours were taken from the hours recorded in the Sign In Log. Note that hours recorded from June 18, 2012 to October 31, 2012 represent our pre- opening volunteer hours. Hours recorded from November 01. 2012 to January 23, 2013 represent volunteer hours with posted operating hours. Regular operating hours during this time period were as follows: • Wednesday, Thursday and Friday 10:00 a.m. to 3:00 p.m. • Thursday, Saturday and Sunday evenings 6:30 p.m. to 9:00 p.m. • Saturday 10:00 a.m. to 3:00 p.m. Sign In Log Book: FROM DATE TO DATE VOLUNTEER HOURS RECORDED June 18. 2012 June 30, 2012 76 July 01, 2012 July 31, 2012 139 August 01, 2012 August 31, 2012 186 September 01, 2012 September 30, 2012 156.5 October 01, 2012 October 31, 2012 295.25 November 01, 2012 November 30, 2012 310.5 December 01, 2012 December 31, 2012 235 January 01. 2012 January 23, 2012 206.5 TOTAL HOURS: 1,604.75 B) OFF -SITE HOURS: Volunteer hours off site were calculated primarily from hours booked selling draw tickets at department stores and grocery stores. Figures were calculated using an estimated 7 hour day, on Saturday and Sundays with 2 volunteers for 16 weeks out of the year totaling a further 448 hours. Additional volunteer hours were spent doing public promotion at air shows and Canada Day festivities at Optimist Park by various volunteers which was estimated at 200 hours due to the number of volunteers participating at these events. Off -site volunteer hours were 650 hours. Volunteer hours on site were 1,605 with off -site hours being 650 for a total of 2,255 volunteer hours. TOTAL VOLUNTEER HOURS: 2,255 4 PROJECTIONS FOR THE YEAR 2013: The Niagara Military Museum has maintained a volunteer base to staff the museum during operating hours and will continue to gain momentum as the Niagara Falls tourist season approaches. Volunteers have also spent time over the last three months promoting public awareness of the existence of the Museum and encouraging the support of other interest groups (see details under the heading support groups). With the inclusion of other interest groups the volunteer base will continue to change from the original key members to a more diverse group of volunteers thus the Museum expects growth in the total number of volunteer hours available. The Museum has contacted high schools in the area to inform students of community service volunteer hours available with the Museum. Student awareness and opportunity for students will increase as the Museum's education program is established. This should draw more student volunteers. Even with a projection that the winter months' attendance is lower, some volunteers are not available due to travel south during these colder months and these volunteers should be available to the Museum during the busier summer months. The Museum projects that a shift in focus of our volunteer hours will assist in growth. In the early months there were a lot of volunteer hours spent on duties such as clean up, office set up, planning and construction and design of display exhibits. The Museum projects that these chores will diminish and volunteer hours could be utilized developing growth of both support groups and volunteers. In summary the Niagara Military Museum projects growth in volunteer hours from: • promoting public awareness • support of other interest groups • more diverse group of volunteers • student community service volunteer hours • return of winter vacationers who travel south • shift focus of volunteers from set up to participation 2) ATTENDANCE: The Visitors' Log at the Niagara Military Museum rests on a podium in the front entrance to the right at the base of the staircase. Those who have signed the book have visited the site in person. With the exception of weddings and funerals, this is generally a non- traditional method of tracking visitors and omissions would certainly be reasonable to expect. On occasion there have been families, or small groups, who have entered the museum while a guided tour was in process with another group. Volunteer staff has been instructed to have all guests entering during a tour to escort them directly to the tour in 5 progress. A percentage of these visitors would not have signed the guest book on entering and visitors seldom sign on the way out. The Niagara Military Museum requested the admission records of Niagara Falls History Museum (Lundy's Lane) for the months of November, December 2011 and January 2012 while the museum was located at The Armoury at 5049 Victoria Avenue. The Museum does not have previous year attendance figures of their own to use as a comparison. Although figures from Niagara Falls History Museum (Lundy's Lane) could be considered for a base point it is important to clarify that the latter is an established, well - funded museum staffed by salaried professionals while the Niagara Military Museum is a yet to be established, unfunded museum staffed by volunteers. Although those figures were unavailable at the time of submission of this request, Niagara Military Museum is confident that our attendance will outperform that of Niagara Falls History Museum. The Guest book at Niagara Military Museum boasts 377 entries from Nov. 1, 2012 to Jan. 23, 2013 not including the grand opening attendance. 3) SUPPORTING ORGANIZATIONS: The groups listed below have all been contacted and expressed support of Niagara Military Museum operating from the Armoury. These supporting organizations have provided a number of resources to the Museum including monetary or product donations. volunteer hours or military artifacts or other items for exhibit. Joseph Estate Vineyards Pizzati Signs Niagara Military Vehicle Association 10th Battery Royal Canadian Artillery 10th Battery Association The Sporting Clubs of Niagara Royal Canadian Naval Association 483 Wing, RCAF Regional Niagara The Ukrainian Internment Awareness Committee Royal Canadian Legions • Branch 51, Niagara Falls Branch • Branch 396, Chippewa Branch • Branch 479, A C McCallum Branch Niagara Falls • Branch 124. Niagara on The Lake • Branch 350 Port Dalhousie Branch • Branch 418, Polish Veterans of St. Catharines HMCS Star Hamilton The Argyle and Sutherland Highlanders This list of supporters continues to grow as the Museum establishes its presence in the community. Other contacts are in the development stage and these groups have been identified as potential supporters. 6 6 Nations with an interest in Native battles in the Niagara area Royal Hamilton Light Infantry Lincoln and Welland Service Battalion Museum, Hamilton, RCME African - Canadian origanaions SUPPORT FROM INDIVIDUALS: A number of individuals have chosen to utilize Niagara Military Museum as a means to preserve and honour their family military heritage by donating artifacts or placing them on loan. The support of individuals is also demonstrated by the signing of our petition. As the construction phase has almost reached completion, volunteers can shift focus to gaining more support and fundraising and project growth in this area. 4) PETITION: Niagara Military Museum has acquired +1,500 names on a petition to the City of Niagara Falls in the desire to extend the lease to five years and gain access to the whole building. 5) ADVERTISING: Yellow Pages, print and on line SNAP Niagara Falls Facebook Website (Currently under construction with secured domains) 6) EDUCATION: A) SCHOOLS: Letters have been sent to local schools inviting class visits by appointment. Several class visits were booked and then cancelled due to the ongoing job dispute. The "Try Me On" station allows children to dress in military attire and experience the weight of a grey-coat and helmet among other items such as boots and ammunition belts. The "Signal Flag Challenge" utilizes flag semaphore signaling using two flags, held in specific positions to signify letters. Students have laminated alphabet cards to spell out words and a second group has a semaphore alphabet guide to decipher the message. This hands on experience is used in conjunction with the Museum's communication exhibit. Our "Cruising Curator" visited Simcoe School for a Remembrance Day presentation. More in school presentations will be scheduled. Correspondence and posters were sent to high schools with an invitation for students to acquire their community service volunteer hours with Niagara Military Museum. The "Duffle Bag Program" is under development and will be available on loan to schools for classes studying World War I and World War II to start. The duffle bags program will enhance museum's mission to educate students, in addition to commemorate, acknowledge and affirm the role played by veterans in Canada's military. The duffle bags will offer students hands on experience with authentic artifacts. As an example, in the World War I duffle bag, an Army Ammo Belt will be included along with accoutrements such as a signal flag and possibly a Brodie helmet. Additional items — such as photographs of family members, letters, and unit photographs — may also be included to further illustrate the life of the soldier. Each bag will include a timeline of the War, books and a DVD. This collection is being assembled and will be available when completed. B) PUBLIC Family Military History has been emphasized in conjunction with our Hometown Heroes exhibit. Niagara Military Museum has had a very positive reaction from visitors who have been assisted in finding the WWI Attestation Papers of relatives. The Museum has offered to identify military artifacts as well as directing families where to find military records of their relatives. The Museum intends to incorporate this as a feature and set up a permanent exhibit for families tracing their military past. 7) EVENT PLANNING: Grand Opening. November 3, 2012 Niagara Military Museum volunteers presented a successful and professional grand opening. From the invitations and press releases beforehand, to the Colour Party, Public Announcement System, Music, Blessing of the Deacon and Padre, speeches, ribbon cutting by dignitaries, during the ceremony and the refreshments and cake cutting with tours of the Museum nothing was missed. In the very early stages of opening Niagara Military Museum proved that it has the skill set in place to host events at the Armoury in the future. The Niagara Military Museum will be ready to host events for the centennial of WWI in August 2014. 8) CARE OF FACILITIES: The Armoury building in itself is a military artifact designated on 6/8/1998 (By -law: 98113) as a Heritage Building. The Armoury itself is showing signs of deterioration after a decade of being vacant and inattention of repairs or upkeep. The Niagara Military Museum volunteers have achieved considerable clean -up of the facility. Displays and exhibits have been designed with due care to ensure that the building is protected and preserved. The history of the building will lend itself well to an exhibit on its own and is currently being researched and developed. 8 9) FUND RAISING: Niagara Military Museum's website (Currently under construction with secured domains) will allow PayPal donations as well as membership renewals on line. Fundraising was a slow process and attempts at a few events, our auction and black tie dinner theatre. brought about break -even results with about $500 in profit in 2010. A switch in focus to a simpler prize draw proved to be much more profitable but required more volunteer hours. The sale of prize draw tickets is growing in popularity and fundraising accomplishments. The 2011 draw for 100 Bottles of Wine (donated by Joseph Estate Vineyards) generated 57,680. In 2012 prize draw sales increased by almost 100 percent with the gaming computer generating S15,000 in sales. The 2013 his and hers laptop prize draw expects to generate a further S23000 in sales, The 2013 laptop draw date is August 31, 2013 leaving room for the possibility of a second draw in 2013. At this point in time the Museum does not see Admission as a source of income but donations to date exceed $500.00 and the Museum certainly intends on charging admission in the future. Establishing a presence and demonstrating a positive experience for visitors is more important at present. 10) BOOKKEEPING: Niagara Military Museum has kept accounting records on the computer dating back to 2003. The attention to all details from the early stages of development has provided the data necessary to make projections that are realistic and viable. This will be an attribute when the Museum secures a long term lease and meets the criteria to apply for funding. 11) PLANS FOR THE FUTURE UNDER DEVELOPMENT: WWI FALLEN SOLDIERS MEMORIAL: Canada's National History Society in partnership with the Department of Veterans Affairs Canada presented the 1914 -1918 Vigil, a national bilingual public initiative to remember the fallen soldiers of World War One. A week -long tribute to honour the soldiers began at sunset on November 4, with the names of Canadians who lost their lives in the First World War projected one by one onto the National War Memorial each night. The last name will appeared just before sunrise on November 11. The Museum has contacted Veterans Affairs Canada and would like to obtain permission to project the names of the fallen on t the Armoury. 9 ESTABLISH A BATTLEFIELD ROUTE: Tourists and military historians would be interested in a battlefield route guide. In conjunction with other historical sites the Museum would like to establish a guide to include Fort Erie, Chippewa, Lundy's Lane, Queenston Heights. Fort George, Beaver dams, Navy Island and Stoney Creek. All these historic sites are established but a coordinated effort to link these facilities will promote tourism in an area that is lacking. The City of Niagara Falls will benefit from the extended stay of tourists and a value added historic feature attraction. AUDIO TOUR: Under development is a voice recording of the curator's tour of the museum exhibits. This will allow visitors to carry out a self - guided tour of the Museum. This will enhance the visit for guests as well as free up volunteers to concentrate on plans for future growth of the Museum. CENTENNIAL OF WWI IN AUGUST 2014: This will be Canada's next big military milestone year. Tourist events would be planned for the summer months with special exhibits and displays to commemorate this occasion all 2014. Requests for loans from the Imperial War Museum are contingent on lease renewal and extension. 12) ACCESSABILITY: Niagara Military Museum has consulted with Rancourt Enterprises to obtain the required specifications for modifications to the entrance for accessibility by visitors with walkers or wheelchairs. Without a lease extension funding would not be obtainable and accessibility is a concern of the Museum and should be for the City of Niagara Falls as well. 13) MAINTAIN THE SECURITY OF OUR COLLECTION: The extension and expansion of our lease to a minimum five years is essential to secure our collection. The Niagara Falls History Museum took precautions to lock areas of the Armoury and assure that Niagara Military Museum would only have keys to access limited areas of the building. Likewise, our collection would be secured in the same manner. A joint tenancy situation would compromise the collections security. 14) GIFT SHOP: The retail showroom displays and hangers have all been purchased and the layout is in the planning stages. Until a lease extension and expansion is obtained no inventory will be purchased. 10 15) LIBRARY: A future goal would be to establish a reading room and research centre available to the public. There is a collection of books being stored on the upper level of the Armoury with this purpose in mind. Development is contingent on space. %/l Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: TS- 2013 -05 March 26, 2013 Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2013 -05 Downtown BIA - Various Transportation Requests RECOMMENDATION That Staff continue to liaise with the Downtown BIA to continue to enhance the customer experience by ensuring that customers are aware of all parking options when coming to Downtown. EXECUTIVE SUMMARY The Downtown Board has requested that staff review three Transportation related matters: one hour free parking permanently along Queen Street; the reduction of conventional transit buses utilizing Queen Street and the establishment of additional parking spaces along Huron Street. The Municipal Parking System in the Downtown area accommodates both short term and long term parking requirements of visitors, customers and employees. The best and highest use parking opportunities occur on Queen Street. There is acceptance of pay parking along Queen Street during regular business day (9:OOam to 5:OOpm) as demonstrated by the fact that parking along Queen Street is well utilized as opposed to the underutilized free side street parking. During the past year more than 50,000 patrons paid to park along Queen Street. Establishing a one hour time limit would not meet the needs of the customer as the average purchased parking duration is one hour and twelve minutes. Finally, past experience with free parking in the Downtown has failed with pay parking being reinstated within six months. The 10 Year Parking Capital Works projection is $3,411,906 of which $1,447,200 is allocated to the Downtown area beginning with the redesign of Lot #2 in 2014. Based on paid parking, these Capital expenditures will be covered from the Parking Revenue Fund as opposed to tax supported funds. The Parking Fund also subsidizes approximately $22,000.00 annually to snow clearing and removal of all on- street pay parking stalls along Queen Street. The removal of pay parking would result in the elimination of this subsidy, resulting in this cost being shifted directly to the BIA. The recent implementation of the City Wide Parking Plan has increased the number of free on- street parking opportunities with more than 71 single space parking meters surrounding Queen Street being switched to 2 hour free parking There are currently 209 free on- street March 26, 2013 -2- TS- 2013 -05 parking spaces and 138 on- street pay parking spaces in the Downtown area. A partnership between the City's Parking Operations Manager and the Downtown BIA to identify the various parking options in the Downtown has been established. To date, the parking operation has funded the replacement of standard Circle P signs with more distinctive Downtown the 'Q' parking signs. As well, the Downtown BIA now provides information on their website to customers outlining the various parking options. Further enhancements are forthcoming, i.e., improving the identification of free parking areas, etc. The removal of paid parking along Queen Street is contrary to the Parking System's guiding principle (unless offset by the BIA) that parking in the City of Niagara Falls will be user pay and will not burden the taxpayer. Pay parking supports Council's Strategic Priority to continue the parking operations user -pay philosophy. A review of Huron Street indicates that there is sufficient capacity to allocate additional on- street parking spaces without adversely impacting the level of service on Huron Street. However, based on current parking demand there is no need to provide additional parking spaces along Huron Street. A review of the need to continue using Queen Street as the main artery to travel to & from the Downtown Bus Terminal between the busier summer months of May through October when the WEGO buses are running their full schedule has been undertaken. Staff has requested, through the budget process, a revision of all bus routes in the City which will reduce the number of conventional buses utilizing Queen Street. If approved, these changes would be implemented in mid to late 2013. BACKGROUND Request for One Hour Free Parking on Queen Street The Downtown Board has requested that one hour free parking along Queen Street be implemented permanently. The Municipal Parking System in the Downtown area accommodates both short term and long term parking requirements of visitors, customers and employees. Area employees and business owners /operators have the option of a leased parking space. Visitors and customers have a mixture of on- street short/medium term free and pay parking options as well as long term pay parking available in municipal parking lots. The best and highest use parking opportunities occur on Queen Street. These parking spaces provide short term parking opportunities for those businesses that require it. By providing free parking along Queen Street, there would be an impact on the short term clientele that those businesses rely on. There is acceptance of pay parking along Queen Street during regular business day (9:OOam to 5:OOpm) as demonstrated by the fact that parking along Queen Street is fully utilized as opposed to the underutilized side street free parking. March 26, 2013 -3- TS- 2013 -05 Historical Background Facts In 1981, the Downtown Board requested that all parking meters, in the Downtown, both on- street and in the parking lots be removed subject to a yearly levy of $23,000. This levy was put in place to offset maintenance and operating costs. By 1985, the abuse of free parking had become so prevalent, that at the request of the Downtown Board, on- street free parking was abandoned, leaving only the parking lots free. With pay parking only being reinstated on- street, the costs associated with the free off- street parking burdened the area such that between 1986 and 1994 the downtown parking operations continually operated at a deficit. In 1995, the Municipal Parking and Traffic Committee and City Council endorsed "The Downtown Niagara Falls Parking and Traffic Strategic Plan" which eliminated the levy charge and reestablished pay parking in Downtown municipal parking lots. - In 1998, City Council reenforced the philosophy that parking in the City of Niagara Falls will be user pay and not a burden to the taxpayer. In 2000, Council endorsed a request from the Downtown Board to remove the parking meters from all side streets in the Downtown core and replace them with up to two hours of free parking. Current Parking Facts Staff observations revealed that currently the free parking areas in the core area are underutilized and that the pay parking areas along Queen Street are well utilized. - The Downtown core currently has 209 free on- street parking spaces in comparison to 138 paid parking spaces. Parking demand in the Downtown consists of Short Term (Queen Street - single use fifteen minutes to one hour) - Banks, Post Office, Lawyers Accountants offices, Pharmacy, etc.; Medium Term (Side Streets - single/multi-use one hour to two hours) ie, Retail, Lawyers and Accountants offices, Doctors, etc. and Long Term Parking Lots - Multi -use two hour to all day with a monthly parking permit option. Short term service -based businesses on Queen Street rely on turnover parking to meet their needs, which best can be achieved by pay parking directly in front of those businesses. Services such as banks, pharmaceutical, post office, retail and other short visitation operations, rely on the availability of short term, convenient parking, to service their clientele. Pay parking adjacent to their businesses continues to successfully meet the needs of their customers. March 26, 2013 -4- TS- 2013 -05 A Residential Parking Permit program was introduced in 2009, which allows access to the pay parking along Queen Street and other metered areas throughout the City for up to two hours for an annual fee of $52.00. The removal of pay parking along Queen Street would require the Downtown BIA to offset lost revenues to avoid adversely impacting the gross revenues required as outlined in the City Wide Parking Plan Report # TS- 2013 -02. Parking Control - An evaluation of the parking usage and infractions issued along Queen Street has revealed that over the past year approximately 54,300 people paid to park with 812 (3.4 per day) expired metered violations being issued. The average parking duration is one hour and twelve minutes. Partnership - A Cooperative effort between the Parking Operations Manager and the Downtown BIA to promote parking opportunities in the Downtown has begun. To date, the parking operation has funded the replacement of standard Circle P signs with more distinctive Downtown the `Q' parking sign. As well, the Downtown BIA now provides information on their website to customers outlining the various parking options. Further enhancements are forthcoming, ie improving the identification of free parking areas, etc. Huron Street Parking A review of Huron Street indicates that there is the ability to allocate additional on- street parking spaces without adversely impacting the level of service on Huron Street. A field review indicates there are currently 9 parking spaces, albeit they are underutilized. Approximately 15 additional parking spaces could be designated, however, the majority of these spaces would be in front of residential homes. Huron Street is a transit route with several stops on the south side. Based on current parking demand on both Huron Street and many of the side streets off Queen Street, there is no need to provide additional parking spaces along Huron Street. The existing parking spaces on Huron Street were converted from metered pay parking to 2 hour time limit free parking in February 2013 due to their being almost no public use of these spaces. This established better use of operational funds as presented in The City Wide Parking Plan Report # TS- 2013 -02. March 26, 2013 Transit -5- TS- 2013 -05 Staff were asked to review the need to continue using Queen Street as the main artery to travel to and from the Downtown Bus Terminal between the busier Summer months of May through October when the WEGO buses are running full schedule. During much of the reconstruction of Queen Street Transit buses were rerouted onto Park Street for extended periods of time. Although this does reduce the bus traffic on Queen Street it also leads to many calls from Transit customers who are upset they have to wait along exposed sections of Park Street and walk another block or two to their desired destinations on Queen Street. The proposed new routing system designed through collaboration with the Ad Hoc Route Review Committee, recognized there are too many routes serving the Erie Avenue bus terminal. Staff requested funding to revise transit routes, which will reduce the number of conventional buses using Queen Street, if approved, these route adjustments would be implemented in July 2013. ANALYSIS /RATIONALE The removal of paid parking long Queen Street is contrary to the Parking System's guiding principle (unless offset by the BIA) that parking in the City of Niagara Falls will be user pay and will not burden the taxpayer. There is acceptance of pay parking along Queen Street during regular business day (9:00 a.m. to 5:00 p.m.) as demonstrated by the fact that parking along Queen Street is fully utilized as opposed to the underutilized free side street parking. Establishing a one hour time limit would not meet the needs of the customer as the average parking duration is one hour and twelve minutes. 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 March 26, 2013 -6- TS- 2013 -05 Underutilized free parking areas continue to be promoted through cooperative efforts of the City's Parking Operations Manager and the Downtown BIA to increase public awareness of these free parking opportunities. Based on current parking demand there is no need to provide additional parking spaces along Huron Street, however, should parking demand increase, Huron Street should be considered for expansion. A new routing system has been designed which will reduce the number of conventional buses utilizing Queen Street. If funds are approved in the 2013 General Purposes Budget, these changes would be implemented in July 2013. FINANCIAL /STAFFING /LEGAL IMPLICATIONS A review of the parking implications for the Downtown Queen Street area to shift from paid meter parking to a one hour time limit free parking will result in the following: Queen On- street paid Parking Revenue Projection 2012 - 2015 1$120,000.00 $100,000.00 ' $80,000.00 $60,000.00 $40,000.00 $20,000.00 $0.00 2012 2013 Loss of on- street meter revenue 2014 2015 The parking revenue would see an annual projected loss of $66,537.00 in 2013 (prorated from April 1st), $88,012.00 in 2014 and $105,615.00 in 2015. Loss of ticket revenue The reduction expired meter fine revenue of $11,750.00 annually which is used to offset the cost of enforcement. March 26, 2013 -7- TS- 2013 -05 Increased operational cost - enforcement of the one hour limit The removal of meters results in more labour intensive enforcement as each vehicle is individually timed through the officers' handheld ticketing device and then referenced a second time after a minimum of one hour has elapsed. It is estimated that approximately two additional officers would be required which would increase staffing expense by $30,700.00 annually. Annual expense for snow removal at parking spaces along Queen Street Queen Street recently underwent the completion of its street scaping, which resulted in a unique design to the on- street parking spaces. This new layout approved by the Downtown BIA allows for vehicles to park on a mountable curb area that blends with the surrounding sidewalk and street decor. Due to the design of the raised parking spaces and placement of bollards and street hardware, conventional snow plowing protocol of these parking stalls is difficult, therefore, a separate snow plowing contract is in place at a cost of $22,000.00 annually to remove snow. This expense is being funded by parking revenue. The elimination of pay parking would mean that the snow removal costs would have to be absorbed by the Downtown BIA. Projected impact on the Parking Operations Budget Projected impact on Parking Operations budget in 2013 - $130,987.00 (prorated) Projected impact on Parking Operations budget in 2014 - $152,462.00 Projected impact on Parking Operations budget in 2015 - $ 170,065.00 The removal of pay parking would result in an annual contribution from the Downtown BIA of approximately $150,000.00 to offset the lost revenues and operating expenses. The 10 Year Parking Capital Works projection is $3,411,906 of which $1,447,200 is allocated to the Downtown area. Based on paid parking these Capital expenditures will be covered from the Parking Revenue Fund as apposed to tax supported funds. 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. March 26, 2013 LIST OF ATTACHMENTS 1) Letter from the Downtown Board 2) Study Area drawing Recommended by: Respectfully submitted: P. Brown -8- TS- 2013 -05 ,s- Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer THE eg) IS EAT • SHOP • EXPLORE. September 14th, 2012 ATTENTION: Karl Dren, Director Transportation Services Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 RECEIVED SEP 1.4 2012 TRANSPORTATION SERVICES As you are aware, parking & traffic are major issues when dealing with visitors to the downtown area. The Downtown Board of Management is requesting your consideration of the following suggestions to help alleviate this issue in the downtown core. As you know the Downtown Niagara Falls BIA has been aggressively revitalizing and marketing the area in order to entice and retain businesses to our district. We have been fairly successful at accomplishing this mandate in spite of the fact that we still struggle for consistent pedestrian traffic. The BIA is currently on a upward swing with the re- openings of Druxy's & Paris Crepes and new tenants such as Lyndesnfarne Theater Project, Q Street Pizza, Cupolo's, Age of Aquarius tattoo and hopefully many more to come. Visitors and merchants are consistently upset with receiving parking tickets. It's both the frequency and the amount. While we appreciate that the city needs to make revenues from parking, however we believe by offering an incentive, patrons of the downtown will realize that the city is taking a proactive role in making downtown a parking friendly area. 1 hour free parking permanently on Queen Street & Valley Way gives individuals who frequently visit the downtown more than enough time to go about their business without receiving a ticket. With the introduction of the new WEGO transit system, the BIA would also kindly like to request that from May 1St — October 1st all Niagara Falls transit local buses only be moved from Queen Street onto Park Street. This will help to reduce the noise level and traffic congestion among buses on Queen Street & Valley Way. With continuous improvements of our downtown being made daily, we believe there is a need to address the lack of use of Huron Street. The three lanes are redundant and we believe one or more of those lanes should be converted into parking for the area. Thank you in advance for your consideration. Dave Govan Chair, Downtown Niagara Fails BIA Nemanja Kuntos General Manager, Downtown Niagara Falls BIA NK cc. Jim Diodati , Mayor Dean Iorfida, City Clerk Paul Brown, Parking Services Member of Niagara Falls Municipal Council Ken Todd, Chief Administrative Officer •nv 2:131S ,WO ON31:1MY1 IS On- Street Free Parking Areas On- Street Pay Parking Zones (Free after 5:OOpm Mon -Fri, All Day Sat., Sun. & Holidays) Municipal Parking Lots (Free after 6:OOpm Mon -Fri, All Day Sat., Sun. & Holidays) • • • • a • 2 • SNOIIV3IN(1WWOO Corporate Services Department Clerk's Division Inter - Department Memorandum NiagaraFalls TO: Mayor James M. Diodati DATE: March 26, 2013 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Niagara District Airport Commission Vacancy As Council is aware, Ruedi Suter, Niagara Falls Council representative of the Niagara District Airport Commission, has resigned from the Commission, effective at the Commission's Annual General Meeting, tomorrow evening. Council's General Terms of Reference to Advisory Committees states that Council may "choose to not fill the vacancy, go to the runner up list from the beginning of the Council term or accept a recommendation from the advisory committee, or in this case, Commission. The Commission has forwarded a candidate for recommendation: Vittoria Wikston The two remaining candidates on the list from the beginning of the Council term are: Permod Goy-al and Dr. Ken Smith. Two other individuals with aviation experience and local connections have also forwarded their interest in sitting on the Commission: John Ventresca and Robert Maclean Dimitrieff. Mr. Ventresca is a Niagara Falls native, who still owns property in the municipality. (Council supported a Committee of Adjustment decision approving a minor variance application on Montrose Road). Mr. Dimitrieff owns Niagara Energy Products on Buttrey Street in Niagara Falls. Council has the following options: ✓ Make a motion approving the NDAC's recommended candidate. ✓ Make a motion approving any of the other candidates. ✓ Have a vote, considering all 5 candidates, in which case, staff will have the appropriate ballots prepared. ✓ Keep the position vacant. though staff sees no rationale for doing so, considering the qualified and interested candidates. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development NIAGARA gateway to DISTRICT AIRPORT e peninsula March 18, 2013 To: Mayor Diodati and Members of Council of the City of Niagara Falls Recommendation to fill vacancy on Niagara District Airport Commission Dear Mayor Diodati and Members of Council It is my great honour to announce that our fellow colleague Janice Wing has been elected Chair of the Airport Commission, taking office after our Annual General Meeting on March 27, 2013. I am equally as excited to report that the Airport Commission unanimously recommends that Vittoria Wikston be appointed to fill the vacancy after my departure on March 27tH Ms. Wikston has already become involved in the development of our future passenger services. As Director Business Development of Niagara Falls Tourism she introduced Airport Manager Len O'Connor and me to Porter Airlines last summer. Building a strong business relationship with the conference and convention planners as well as the attractions and accommodations sector will be crucial to the success of the airport as a tourism link. As the outgoing representative for Niagara Falls, I would feel very comfortable knowing that Vittoria Wikston is following in my footsteps. I could not imagine a better choice to represent the interest of Niagara Falls. On behalf of the Airport Commission I like to ask Council to appoint Ms. Vittoria Wikston for the remainder of the term ending in 2014. Sincerely, Ruedi Suter, Chair Niagara District Airport Commission Attached: - Minutes of the March 6, 2013 NDAC Meeting - CV Vittoria Wikston Niagara District Airport Commission Minutes of Special Meeting March 6, 2013 10:00 a.m. Present: Ruedi Suter, Chairman Bob White, Treasurer Janice Wing Terry Flynn Rich Lancaster Ernie Amadio Henry Zwolak Gary Murphy Regrets: Peter Secord Staff: Len O'Connor, Airport Manager Patti Gamble, Airport Administrator Auditor: Bruce Binch, Bridgman and Durksen Call to Order — 10:07 a.m. 1. Financials & Auditor's Report The 2012 Audited Financial Statements were presented by Bruce Binch, Bridgman and Durksen. A document entitled "Treasurer's Report for 2012" will be included in the Financial Statements and was presented by Treasurer Bob White. The report contains highlights from and changes to the 2012 Financial Statements. The Airport's revenue over expenses from operation was $45,585 for 2012 which is up from $35,578 in 2011. The Commission adopted the Canadian Public Sector Accounting Standards for not - for - profit organizations and this resulted in the requirement to restate the previous year's figures and adjust them to the new standards. With the new standards, the Commission is reporting the tangible capital assets on the Statement of Financial Position and also amortizing tangible capital assets annually and reporting deferred capital contributions taking into income the appropriate annual amount. The 2014 budget will show projected capital contributions and amortization. Moved by Bob White, seconded by Henry Zwolak to approve the 2012 audited Financial Statements prepared and presented by Bridgman and Durksen. Carried unanimously. G130306S 1. Action Item: The administrator will email the 2012 Financial Statements to the Treasurers of the funding municipalities and to the Airport Liaison Committee. Action Item: The administrator will post the 2012 Financial Statements the NDAC web site. 2. Election of Officers The following nominations were received at the NDAC meeting held on February 21, 2013. Chairperson - Vice- Chairman — Secretary - Treasurer - Janice Wing Bob White Gary Murphy Terry Flynn The chairman called three times for nominations from the floor and none were forthcoming. Moved by Henry Zwolak, seconded by Rich Lancaster to close the nominations and accept the slate of officers as acclaimed. The term of office for the officers will commence immediately after the Annual General Meeting on March 27, 2013. 3. Recommendation to Niagara Falls Council re Vacancy on Commission The terms of reference of the City of Niagara Falls with regards to filling vacancies on boards and commissions is to: a) not fill the vacancy; or b) go to the runner -up from the previous selection; or c) to accept a recommendation from the advisory committee (Commission) Moved by Janice Wing, seconded by Ernie Amadio that the Niagara District Airport Commission recommend that Vittoria Wikston be appointed to fill the impending vacancy. Carried unanimously. Moved by Bob White, seconded by Rich Lancaster to adjourn at 11:50 a.m. Prepared by: Patti Gamble G130306S 2 Vittoria A. Wikston, CMP 6489 Glengate Street Niagara Falls, Ontario L2E 5S8 Home Office 1 905.358.1870 Email 1 vittoria @IuvVITTsolutions.com Quick facts... ✓ Endless Creativity (the lady with all the ideas) ✓ Extensive Events Management experience ✓ Talented & Skilled in Product, Program, and Promotional Campaign Development ✓ Logistics trouble- shooter and specialist at policy & procedure implementation ✓ Extensive & solid background in sales and product knowledge ✓ Excellent supervisory and training skills and experience ✓ Extensive knowledge on contractual agreements / liabilities / litigation EMPLOYMENT HISTORY Niagara Falls Tourism 1 Niagara Falls, ON Director 1 Business Development • Business Development I Economic Impact & Profitability for the Niagara Destination • Sales & Marketing Initiatives & Logistics January 2012- Current LuvVITT Solutions & RedchairTM Branding 1 Burlington, ON Partner 1 RedENERGY Sales / Marketing Division • Business Development & Profitability Analysis • Creation 1 Marketing & Branding Client Campaigns • Consulting I Sales, Marketing and Logistics • Experiential Training • Special Event Planning & Management September 2008 — December 2011 Niagara College of Applied Arts & Technology Certified Instructor 1 Hotel, Tourism & Hospitality Program • Events Management Program — Graduate Certificate Program • Events Marketing — Post Graduate Certificate Program • Sponsorship & Fundraising — Post Graduate Certificate Program • Food & Beverage Marketing — Graduate Certificate Program • Hospitality Supervision — Graduate Certificate Program Winter 2005 — Winter 2011 White Oaks Resort & Spa 1 Niagara on the Lake, ON Vice President !Sales & Marketing February 2003 — August 2008 • Development & Execution of Annual Sales & Marketing Plan for primary revenue generation departments • Coaching, Supervision, and Leadership guidance for all Sales Managers and Representatives • Responsible for all marketing mediums I WO Magazine, Advertising, Website, Touch -point marketing • Implementation policies & procedures for a systematic & successful operation • Managed due diligence requirements for all contractual agreements Accomplishments: • Successful in achieving overall company revenue growth & profitability averaging 3 -5% in continual annual growth. Director 1 Sales & Marketing May 1996 — February 2003 • Personal Sales surpassing $2.8 Million with annual growth of 2 -3% • Development of new Market Segments & Territories • Management of Corporate & Group Sales Team CERTIFICATIONS AND ASSOCIATIONS Niagara Sports Commission I Tourism & Marketing Committee • 2012 — Current Tourism Partnership of Niagara Communication & Engagement Committee Meetings & Conventions Committee • 2012 — Current Niagara College Advisory Committee 1 Bachelor of Applied Business — Hospitality • 2006 — 2011 Board of Directors 1 Niagara College Foundation • 2008 — 2011 • 2010 & 2011 — Event Chair, Seafood Gala Ontario College's Premier's Business Award 1 Niagara College • 2008 Certified Meeting Professional (CMP) 1 Convention Industry Council • experience and professional development in the meetings, special events industry o Initial Certification —July 1999 International Association of Conference Centers (IACC) Board Director 1 Canadian Representative • January 2005 — December 2007 Membership & Marketing Committee 1 Co -Chair • June 1998 — January 2008 EDUCATION: Niagara College 1 Niagara Falls, ON • Certificate program — 1984 -1986 • Hospitality Management — Hotel & Restaurant SPECIAL INTERESTS: Extreme Mountain Trekker • Machu Picchu I Inca Trail, Peru —July 2010 • Mount Everest Base Camp 1 Himalayan Mountains, Nepal —May 2007 • Pikes Peak l Colorado, USA —June 2005 • Mount Kilimanjaro 1 Tanzania, Africa — February 2003 Spinning Instructor • Johnny G Certification — Level 2 I GoodLife Fitness Soccer • Competitive Player) Niagara Region, Southern Ontario o 2003 Southern Ontario Championship o 2007 - 2012 Recreational Masters Champions John Ventresca 2443 Whitehorn Drive Burlington, Ontario L7L 7N1 Res: 905- 332 -1512 Cel: 905-869-2359 flyniagara gyahoo.ca SUMMARY OF QUALIFICATIONS • 14 years directing / managing system airline operations control centre • 12 years managing station / airport operations • Emergency Response / Dangerous Goods Management • Licensed Pilot • Licensed Flight Dispatcher • Community College Professor • Project Management Flight Operations RELEVANT SKILLS AND EXPERIENCE • Provide daily administrative, functional and technical direction of airport operations at Toronto Pearson International Airport. • Provide day to day administrative, functional and technical direction of the integrated operations control centre at Toronto Pearson International Airport. • Provide guidance and leadership to Airport Operations Staff • Professor at Seneca College of Applied Arts and Technology. Facilitate aviation students on Airline Operations, Airport Operations, Flight Dispatch, Flight Planning and Weather. • Development and implementation of standard operating procedures to ensure safe operations and compliance with Canadian Aviation Regulations and Standards. • Prepared operating and capital expenditure budgets relative to the Airport / Operations Control Centre. • Prepare and maintain operational contingency plans so that irregular operations and diversions can be managed safely and expeditiously. • Managed and initiated Emergency Response Programs. • Managed and initiated Dangerous Goods Programs. • Lead a successful fuel efficiency project emphasizing on Flight Dispatch / Operations Control Procedures. • Owned and operated a Sightseeing Air Tour Operator. EDUCATION John Ventresca • Ontario Management Development, Sheridan College, Toronto, Ontario • Flight Dispatcher Program, York University, Toronto, Ontario • Air Carrier Management and Operations, Georgian College, Barrie, Ontario • Dale Carnegie, Achieve Global • Pilot License WORK HISTORY • Greater Toronto Airports Authority 2012 - Present • Seneca College 2012 - Present • Air Canada Jazz 2010 - 2011 • Ornge Air 2010 - 201 1 • Skyservice Airlines 2001 - 2010 • Canada 3000 Airlines 1993 - 2001 • Canadian Airlines 1991 - 1993 INTERESTS • Outdoors, Camping, Fishing, • Flying • Finance ROBERT MACLEAN DIMITRIEFF 14719 Niagara River Pkwy, Niagara -on- the -Lake, ON LOS 110 416- 871 -9508 1 rdimitrieff.mba2008 @ivey.ca Robert Dimitrieff is a well rounded individual with a significant amount of breadth and depth of experiences in many areas of work and life. He is collaborative in his approach to problem solving and looks for the opportunity for mutual success with all parties he deals with; yet he understands the resolve required when compromise is not a realistic option. Robert currently runs the Niagara Energy Products business unit of the Patriot Group of Companies, and is eager to become more involved in the community he now calls home. EDUCATION McMaster University Certificate of Iron & Steel Metallurgy (completion April 2013) The science and Engineering principals of Iron & Steel Production and its use in industry Richard Ivey School of Business, University of Western Ontario, London ON MBA 2008 Areas of elective study: Negotiations, Value Investing The Nova Scotia College of Art and Design (NSCAD University) BFA, Fine Arts 2003 Area of concentration: Sculpture Minor: Graphic Design Ten Month NSCAD Foreign Exchange to the University of Canterbury, Christchurch New Zealand (2001) CAREER EXPERIENCE Niagara Energy Products Corp. (Niagara Falls, ON) President, General Manager Providing leadership and managing corporate cultural change in a high specialized $25M company operating in a niece industry. Positioning the company for technological changes and preparing for the inevitable increase in competitive threats. Present Niagara Energy Products Corp. (Niagara Falls, ON) Vice- President, General Manager 2010-2013 Maintaining a primary supplier position in the very tightly regulated industry of Nuclear qualified manufacturing — in charge of a company producing $20+ Million in sales per annum, 37 Employees. Reporting directly to Chairman. Patriot Special Metals, Inc. (North Jackson, 01-1) Project Manager 2008 -2010 Successfully oversaw all commercial aspects and financial risk management required to bring a green -field $80 Million USD capital project to the commissioning phase, for transition to production, reported directly to CEO. Patriot Forge Co. (Bay City Division, Erie PA) Plant Manager Improved monthly revenue by more than 50% to over $1 Million USD through increasing flexibility of human resources, and operational streamlining, which included amending the CBA with the Local Steel Workers of America in formal negotiations. Reported to VP Operations Patriot Forge Co. Patriot Forge Co. (Corporate Head Quarters, Brantford ON) Asst. Plant Manager Acted at the PM's expeditor and #2, improving on time delivery and customer satisfaction while learning much of the business operation from a "hands on" approach. OTHER RELEVANT EXPERIENCE Board of Governors for NSCAD University (Halifax, NS) Executive Committee Member As a member -at -large with individual experience and perspective, provide direction to the management of the university, strategic planning, fund raising, alumni relations, provincial government and labour negotiations. Young Professionals of Stark County, Stark Co. OH (Canton, OH) Education Committee Member Provided guidance and perspective to undergraduate students regarding preparation to enter the work force, and acted as an ambassador for the YStark initiatives in the community. Canadian Association of Family Enterprise (Cafe) PAG Family Business confidential Personal Advisory Group Meet with experienced executive managers and business owners monthly for sharing of ideas, advice, and perspective. Private Pilot License (PPL) since 2005, total time —550 hours Instrument Flight Rating (IFR) 2009, Multi- Engine Rating (Multi) 2012 Aviation is his greatest passion, he continues to learn about himself, and systems management though this topic. Royal Canadian Artillery (Active Reservist), Toronto ON, Halifax N5, Gagetown NB Non - Commissioned Member Operated well under stressful circumstances involving teamwork, leadership, and perseverance. Promoted to the rank of Bombardier (Corporal) and was tasked with many duties including all positions on a 105MM Gun Crew. 2005 -2007 2003-2004 April 2011— Present August 2008 —July 2010 June 2005 — Present July 2005 — Present January 1997 - December 2000 e Reverse Side NidgarargIts ist of Committees & Contacts - 2011 - 2014 Application for Citizen Appointments to Boards, Commissions and Committees }c72_ PI V (NAME OF BOARD / COMMISSION / COMMITTEE) APPLICATION INFORMATION Name R :3 A L-- e-m ad: Street Address: kl\ 61%Li Postal Code vt-LtJ--(_` (CI Horne Phone: E T L-P Cell Phone (opt:Iona!) 7 YES NO Age 18) Resider: of Niagara Fails QUESTIONNAIRE Did you attend the committee open house in 2011? Yes 1! No Have you been on a City Council appointed committee or board in the past?: Yes No /7,- Briefly describe your recent volunteer experience: {,\ YakA--5:, i_.,\,,,,:,._ 4t.-----ce, 717,;-\-/ (.:,, (7,7. , ■,+ Ai ( ( ,/ ir 1 rl _-- C-74-Aqi / , , — ....1 ,T,-:,,c, Briefly describe additional skills or experience relevant to this appointment. / ; (----,,,, ),, Vi. " 1,,,,, ., L72- ti.1-x_,:y ,‘:.-.. ( ;-4 : ,i: ---\r,. ',_ ( x• ,;•-- TT,;-..r A,,/c -'' '..- , \LC, -'‘( X C (:).-t(s'i: t k{- k C"-..1 '' -> 41. 'I ..------ct(2(Af i -..-q- ,-- , i l Y C-1,_ V:7 1.' I hereby -- consent! ,' do not co sent to the release of my address and telephone Commissions and ComMittees which-is usedilpy ..., Applicant's signature l-tiki , number(s). This information the Clerk's Division Staff l'A. Date: - )4,i will be included in the list of Boards, and released to the public. ( ,bpe) ( I Please return this application form to the attention of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356-7521 Fax: (905) 356-9083 or e-mail: bmatson@niagarafalls.ca Applicants must be residents of the City of Niagara Falls. Personal information on this form is collected under the authority of the Municipal Act, S.O. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. 2011 - 2014 Application for Citizen Appointments to Boards, Commissions and Committees (s , f : r:Cr' ?5' (NAME OF BOARD / COMMISSION / COMMITTEE) 1 APPLICATION INFORMATION 1 Name: e -mail: Street Address: Postal Code: 3Ki Home Phone: Cell Phone: (optional) QUESTIONNAIRE 1 Age 18+ Resident of Niagara Falls YES NO IDid you attend the committee open house in 2011? Yes j No Have you been on a City Council appointed committee or board in the past ?: Yes X, No Briefly describe your recent volunteer experience: l d r r LiS i S t) i Svi2 fr ,r4_ �Ir'2r7 rr/',i> v` j,; ! 1 rl `At;!. S `o _ , ✓, Briefly describe additional skills or experience relevant to this appointment. rb -- i ". r i if ; j? ,•• /` C. hereby 7- consent / do not consent, to the release of my address and telephone number(s). This information will be included in the list of Boards, Commissions and Committees which is used by the Clerk's Division Staff and released to the public. Applicant's signature: Please return this application form to the attention of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 or e-mail: t;mats r r,ia <garafails.ca Date: Sid. r (7(0- 2 � LI Applicants must be residents of the City of Niagara Falls. Personal information on this form is collected under the authority of the Municipal Act, S.O.2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. Royal Canadian Legion, Branch 51, Niagara Falls, Ontario City of Niagara Falls 4310 Queen St, PO Box 1023 Niagara Falls, ON, L2E 6X5 To Mayor Diodati and City Council: March 1, 2013 This is a letter requesting that any and all fees & charges associated with the road closure and City assistance for our upcoming 76th annual 40 &8 Pilgrimage held on May 18 2013 be waived. As you know, the Royal Canadian Legion is a non - profit organization committed to assisting war veterans, educating youth and contributing to the many communities in Canada. In particular, Branch 51 which has been a Legion since 1926 here in Niagara Falls has contributed several hundred thousands of dollars (if not more) and just as many volunteer hours over the past nine decades to many different and diverse causes in the city including veterans, seniors, schools, hospitals, youth organizations, youth sports and many more noble endeavours. As well, this Pilgrimage, a joint Canadian & American war veterans memorial service, has been held annually every May since 1937. This service is conducted by Canadian and American war veterans each and every year at the Cenotaph on Clifton Hill here in Niagara Falls. We utilize the immediate Parks area at the Cenotaph as well as the small portion of the city street where our stationary parade forms up and the service is conducted. We respectfully request the City of Niagara Falls waive any and all charges & fees, in lieu of the past, current and future community - oriented contributions to the many charitable and non - profit concerns in our fine city that Branch 51 is involved in. As our membership declines due to normal attrition, our Legion is unable to support any costs associated with this event. I am at your service if you have any questions or concerns regarding this matter. I can be reached at 905 - 358 -5205 and/or ronpotterasympatico.ca Ronald Potter Pilgrimage Chairman Royal Canadian Legion Branch 51, Niagara Falls CC: Dean loda R. C. L. Branch 51, 5610 Fraser Street, Niagara Falls, ON, L2E 3C9 What is the 40 &8? La Societe des Quarante Hommes et Huit Cheveaux, popularly known as the 40 & 8, draws its origin from the First World War when young Americans were sent to France to fight in the Great War, the war to end all wars. The narrow railroads of France had boxcars or voltures that were used to transport men and horses to and from the fighting fronts. Theses boxcars, that had a capacity of either 40 men or 8 horses, became the trademark of the organization. Originally a branch within the American Legion, the 40&8 Society has become its own entity promoting veterans causes and raising funds for such noble endeavors as national disaster relief, nurses training scholarships and child health welfare. This pilgrimage is the only one of its kind where American veterans pay their respects to Canadian war dead. The humble beginnings of the pilgrimage attest to the comradeship of all service veterans. In 1937 two Great War veterans from the U.S. were fishing in the Niagara River and the catching being slow, they talked about a recent visit to Branch 51 of the Royal Canadian Legion. As they reminisced, an idea about placing a wreath and having a short prayer was formed. This idea also included a visit to Branch 51 prior to and after the wreath was laid. Shortly after this, these two veterans who also happened to be 40 & 8'ers visited Branch 51, and along with two Canadian comrades from the branch went to the Cenotaph, placed a wreath, saluted, said a prayer and returned to the branch. At the Grande Promenade (state convention) of the 40 & 8, they told of their little memorial service and the Grande Chef de Gare du New York (State Commander), who happened to live in Buffalo, N.Y., liked their action so much that he proposed that this be an annual event. Thus began the pilgrimage. Each year a different U.S. state provides the honour guard. This year's service, the 76th Annual Pilgrimage, is being held on Saturday May 18, 2013 commencing at 1:00pm. The honour guard for the 76"' Pilgrimage will be from the state of Michigan and there will be a few hundred Canadian and American veterans from all over North America in attendance. Ronald Potter Canadian co- chairman Pilgrimage Committee Branch 51 Royal Canadian Legion Niagara Falls, Ontario Paul Einstein American Chairman Pilgrimage Committee Niagara Voiture 388 40&8 Niagara Falls, New York Dean Iorfida From: Marzenna Carrick Sent: Wednesday, March 20, 2013 11:09 AM To: Dean Iorfida Cc: Karl Dren; Paul Brown; Tim Burshtein Subject: RE: 40 &8 request to council Dean The cost we incurred last year was $500.00. The event took place on Saturday May 19. The event this year is proposed for Saturday May 18, with the same proposed route. I anticipate the costs to be the same this year. Bus detours will be necessary to accommodate this request — similar to last year. Marzenna Carrick, C.E.T. Manager of Transportation Engineering City of Niagara Falls Transportation Services 905 - 356 -7521 ext. 5204 mcarrick @niagarafalls.ca Dean Iorfida From: Micheal Biancaniello <michealb @redboss.ca> Sent: Thursday, February 28, 2013 1:27 PM To: Dean Iorfida Subject: Request to use Glenview Park for Fireworks Displays on behalf of Great Wolfe Lodge Attachments: GWL Let to City Clerk NF2013.doc; GWL Ins 2013.pdf Dear Mr. Iorfida, Please find attached a letter of request for the use of Glenview Park as well as the insurance certificate required; on behalf of Great Wolf Lodge for this seasons {2013} display schedule: Sunday, May 19th Monday, July 1st Sunday, August 4th Sunday, September 1st Tuesday, December 31st If you require any further information, please do not hesitate to contact me. Respectfully Yours, Sri e �z.cd6 Micheal Biancaniello CEO REDBOSS PYROTECHNICIANS INC. wvv . redboss.ca P.O. Box 120 Fenwick, ON LOS 1C0 Ph. 905 892 1806 Mobile 905 685 2907 Fax 905 892 2461 email michealb( redboss.ca 'This information is directed in confidence solely to the person named above and may not otherwise he distributed. copied or disclosed. Therefore. this information should be considered strictly confidential. If you have received this email in error. please notify the sender immediately via a return email for further direction. Thank you for your assistance. 1 REDBOSS® PYROTECHNICIANS INC. March 20, 2013 Dean lorfida City of Niagara Falls Director of Council Services and City Clerk 4310 Queen Street Clerk's Office Niagara Falls, ON L2E 6X5 Dear Mr. lorfida, We have been contracted by Great Wolf Lodge to execute their fireworks displays for this year; the dates are Sunday, May 19th, Monday, July 1st, Sunday, August 4th, Sunday, September 1st & Tuesday, December 31st, 2013. We would like to make a request on behalf of Great Wolf Lodge to reserve Glenview Park for these dates, for the purpose of setting up and firing these displays. We would require the park from 4pm to 11pm each day. RedBoss will be responsible for obtaining all permits through the Niagara Falls Fire Department and will also insure the city of Niagara Falls for 5 Million Dollars Liability. {Copy attached} If you require any further information, please do not hesitate to contact me. Respectfully Yours, Micheal Biancaniello CEO P.O. BOX 120 • FENWICK, ON • LOS 1C0 PHONE: 905 892 1806 • FAX: 905 892 2461 EMAIL REDBOSSAON A.IB'i COM JVWW- REDBOSS CA Dean Iorfida From: Jim Diodati Sent: Saturday, March 02, 2013 12:25 AM To: 'Marlene Meerkat' Cc: Jim Diodati; Dean Iorfida; Sarah Conidi Subject: RE: Proclamation Request - Niagara Falls Hello Marlene: Thank you for writing with your proclamation request. I have copied our City Clerk, Dean lorfida on your request, as he will ensure it will come before Council in a timely manner. I trust he will be in touch. Many thanks for your efforts on behalf of Lyme Disease Awareness. Best, Jim Jim Diodati Mayor, City of Niagara Falls From: Marlene Meerkat [mailto:meerkatster ©gmail.com] Sent: Friday, March 01, 2013 10:16 PM To: Jim Diodati Subject: Proclamation Request - Niagara Falls Good evening, Mayor Diodati, Attached is a request and the draft for a Lyme Disease Awareness Proclamation for May 2013. If you'd rather I send it to someone else, please let me know. Also, this is a PDF, but I can send the wording over in an editable document if needed. I am able to attend a Council meeting if you wish to see me. or to attend and formally accept the proclamation if need be. Several towns and cities have already approved the request for proclamation of Lyme Disease Awareness month. I'm also involved with various community events, to set up tables, hand out flyers and answer questions. I have Lyme Disease, contracted in Ontario in 2007, and like hundreds of others cannot get treatment in Canada. We have to spend much energy and money to get treated by doctors in the USA and some even go to Europe. Together with other volunteers and friends, we have been trying to raise awareness, support newly diagnosed Lyme Disease patients, and talk to various groups to get the word out. There are plans this year to have May as a Worldwide awareness effort, and there are already about 20 countries on board. I'm in conversation with the City of Brampton and we will be using a part of Chinguacousy Park again. Last year's event there was the most successful Lyme Awareness event in Canada. About 400 people attended, of which at least 50 had Lyme disease, all from the immediate area around Brampton, Whitby, Hamilton, Toronto and more. We raised several thousand dollars for CanLyme, the Canadian Lyme Disease Foundation. The date Brampton gave us is May 18. Once we know what space we would have, well start planning the details. At the moment, the Walk website only lists bare bones: httpi /L' mewaikBram.ton.ca . I'm working under the umbrella of CanLyme, the Canadian Lyme Disease Foundation and all funds raised will go to them. There are two 1 other charitable organizations dealing with Lyme who are supporting me as well and might get a cut of the donations. Again - thank you If there is anywhere you would like me to speak to a group of people, or set up a table with information, please let me know. My very informal blog gives some background and information, if more is needed: http !!meerkatmarlene.blogspot.ca Niagara Falls approved my request to light the Falls for three blocks of time in green on the evening of May 17, 2013. A graphic I created to celebrate that event will appear on the two websites above, as well as various other Lyme Disease awareness groups. Sincerely, Marlene Spies Cell: (4161 970 -8660 A Itrr niT:ikers :m 2 years, 11 months, 3 weeks, 3 days since Lyme Disease treatment started 2 Proclamation for Lyme Disease Awareness Month Whereas, ticks carrying the bacteria Borrelia burgdorferi that causes Lyme Borreliosis, commonly known as Lyme disease, continue to spread across Ontario and Canada; and Whereas, the number of reported cases of Lyme disease in North America continues to increase, yet the Centers for Disease Control estimates that on average there are ten missed cases for every case reported; and Whereas, Lyme disease is difficult to diagnose because it imitates other conditions and no reliable laboratory test can prove who is infected or bacterial -free, which often leads to misdiagnosis; and Whereas, early indicators of infection include flu -like symptoms, characterized by chills, headache, fatigue, muscle and joint aches and swollen lymph nodes; and Whereas, weeks or months later, patients with untreated or under - treated Lyme disease can suffer from serious, permanent and sometimes life- threatening damage to the brain, joints, heart, eyes, liver, spleen, blood vessels and kidneys. For this reason it is imperative that all who develop this disease receive immediate early treatment; and Whereas, the best solution to the threat of Lyme disease is to educate people about the seriousness of the illness and the need to practice personal preventive techniques when engaging in outdoor activities, such as frequent tick checks, use of tick repellant and proper tick removal; and Whereas, the month of May is recognized as Lyme disease Awareness Month worldwide. Now therefore, I Jim Diodati, Mayor of the City of Niagara Falls, Ontario, on behalf of the Niagara Falls City Council, do hereby proclaim May 2013 as Lyme disease Awareness Month for the City of Niagara Falls to draw attention to this growing health problem and the importance of early detection and treatment by all residents. Proclaimed this day of , 2013 Dean Iorfida From: Carey Campbell Sent: Thursday, February 28, 2013 10:47 AM To: 'Kerry Russ'; Dean Iorfida Cc: 'Barry Towner'; Cathy Crabbe; Sarah Conidi Subject: RE: Proclamation Attachments: Proclamation Mayor 2013 Barbershop Harmony Week.doc Hello Kerry: Thank you for forwarding this request for a proclamation. I am copying it to our City Clerk, Dean lorfida for his follow - up, as discussed. In addition, I have included Cathy Crabbe on this email, as she handles the mayor's calendar. If you'd like the mayor to attend, kindly coordinate his attendance through Cathy. Many thanks! carey CAREY CAMPBELL Executive Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 ccampbell @niagarafalls.ca See more of Mayor Jim at From: Kerry Russ [mailto:kruss902 ©gmail.com] Sent: Thursday, February 28, 2013 10:30 AM To: Carey Campbell Cc: Barry Towner Subject: Proclamation Hello Carrie, 1 hope that this is what we need. If not please let me know. We are hoping that Mayor Diodati would be able to deliver the proclatation Friday evening on the 12 April. Thanks Kerry cell 289 241 -6626 1 The Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Inc. (SPEBSQSA) —known now as The Barbershop Harmony Society —was officially organized April 11, 1938 in Tulsa, Oklahoma; and ()/41,.; What began as a small group has steadily blossomed into the world's largest all-male singing organization, an international organization of men from all stations of life; and (Wkrea.:i The Barbershop Harmony Society is dedicated to the spread of harmony for the enjoyment of all people of the world through organizing and encouraging close - harmony singing groups; and ete(,,: The Barbershop Harmony Society encourages harmony amongst all people of the world through the universal language of music; and (V ereaj The Barbershop Harmony Society has actively preserved and presented a distinct style of vocal music that originated in North America; and (Whei t,. The Barbershop Harmony Society is dedicated to sustaining and preserving an American tradition, the barbershop quartet; and The Barbershop Harmony Society promotes musical education through music scholarships and other means, and supports charitable foundations; and O /wrea,1 Barbershoppers are engaged in laudable civic service and enrichment of our cultural life through the fostering of traditional values in entertainment and community endeavors; ()X4;rm4 The Ontario District of the Barbershop Harmony Society- is holding its Spring Convention in Niagara Falls April 12 and 13, 2013; -/!KW', / /Pr(7rf, 1, , Mayor of Niagara Falls, Ontario, do hereby proclaim the week of April 7 – 13, 2013 as Maw/ , 41{ ipiii� .;5 ii' /erg < / I have hereunto set my hand and caused the seal of the city to be affixed. Transgender Niagara www.transgenderniagara.com Michael Sherman Vice President Transgender Niagara 7 Carriage Rd Unit #211 St. Catharines, ON L2P 3K2 vicepresident :transgenderniagara.com Monday, March 11, 2013 The City of Niagara Falls c/o Mayor Jim Diodati 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Re: A Request for Proclamation Dear Mayor Jim Diodati; On behalf of the Transgender Community in the City of Niagara Falls, we are writing you to respectfully request that the week of March 31 to April 6, 2013, be proclaimed '`Transgender Awareness Week" in the City of Niagara Falls. Trans - identified and gender variant individuals experience multiple forms of exclusion in our society based on aspects of their identities and personal realities of gender expression that challenge social and cultural norms. One of the most damaging of these forms of exclusion is a complete lack of recognition that Trans - identified and gender variant individuals exist in our communities. As awareness of the Transgender Community continues to grow in Niagara Falls, it becomes apparent that those who do not conform to our society's ideals of gender are in need of recognition and support. Transgender Niagara is a region wide support and resource group for Trans - identified and sex/gender variant persons, their spouses, families, friends and allies, as well as those who serve their needs. Since it's inception, Transgender Niagara has come into contact with many people from around the Niagara Region, including the Cities of St. Catharines, Welland, and Port Colborne, requesting information and support as they come to terms with their own identity and further face discrimination and marginalization in their communities. Transgender Niagara is approaching the above cities, to also proclaim '`Transgender Awareness Week ". We look to continue and improve upon this new tradition. Your Worship, by proclaiming '`Transgender Awareness Week," the City of Niagara Falls, will move closer to recognizing and honoring the diversity which exists in the Niagara Region, and assist in removing those barriers that are faced by the citizens of your fine city. I thank you for your time and hope that the City of Niagara Falls, will become one of four who will honor our request. Sincerely, Michael Sherman Vice President of Transgender Niagara Sample of Proclamation CITY OF NIAGARA FALLS OF THE MAYOR PROCLAMATION Whereas, The Transgender and Gender - Diverse Community in the City of Niagara Falls has applied to the City of Welland to proclaim March 31 to April 6, 2013 as "Transgender Awareness Week "; and Whereas, The City of Niagara Falls welcomes and enjoys an abundant and richly diverse population of Transgender and Gender - Diverse people; and Whereas, The City of Niagara Falls envisions a society in which Transgender and Gender - Diverse people are assured the basic rights and can be open, honest and safe at home, at work and in the community; and Whereas, City Council, at its meeting of Tuesday, March 26th, 2013 considered the application and resolved to proclaim the week of March 31st to April 6th, 2013, as "Transgender Awareness Week ". Now therefore, I Jim Diodati Mayor and City Council of the City of Niagara Falls, do hereby proclaim, March 31St to April 6th, 2013 "Transgender Awareness Week" and do hereby proclaim the day of March 31, 2013 as "Transgender Day of Visibility" in this community, and encourage all of our citizens to help eradicate gender stereotyping by educating themselves on these issues faced by the Transgender and Gender - Diverse Community and recognize the members of Transgender Niagara who work hard to increase awareness and provide recognition and support to the Transgender and Gender - Diverse Community, their families, friends, partners, and allies. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Niagara Falls, Ontario to be affixed this day 26th of March, 2013 ATTEST: Jim Diodati, Mayor , Records Clerk March 6, 2013 Good day Your Worship and Councillors: I have a vision of a future that requires change, but that change will not be possible without your continued support. Over four years ago, I began an epic campaign to change the world and to transform the way people viewed their place in it. This is the fourth time I have written to this Council; and I hope that you will continue to be a part of the change I speak of. I write again of the Honey Bee. Many people still do not realise how important Honey Bees are to our way of life. This is troubling because Honey Bees are responsible for a third of all food we eat. Honey Bees are responsible for 70 percent of our food crop pollination. They are a keystone species; the very cornerstone to the sustainability of our agriculture and the primary basis of stability for our fragile environment. This issue is ever more severe because Honey Bees continue to die at alarming and catastrophic rates in Canada and in every country where they are raised. There are many explanations offered to illuminate or shed light on the cause or causes of Honey Bee disappearances; foremost and most sinister among them being irresponsible pesticide use, such as neonicotinoids: clothianidin, thiamethoxam and imidacloprid. This is a matter that is currently both a source of passionately emotional and scientifically paramount debate between Canadian Beekeepers and Federal and Provincial Governments. Yet, the average person continues to be left in the dark regarding these concerns which have direct and profound impact on the health of not only wildlife but all citizens of this country. Bernard Vallat, the Director - General of The World Organisation for Animal Health, warned, that "Bees contribute to global food security, and their extinction would represent a terrible biological disaster." Indeed, the demise of the Honey Bee would ensure the extinction of thousands of dependant animal and plant species, bring about the collapse of the food chain and guarantee the destruction of sustainable agriculture, our economy and the environment. As Honey Bees continue to perish, this represents a severe threat to the security of our Nation. According to the Canadian Honey Council, The value of honey bees to pollination of crops is estimated at over $2 billion annually." The Canadian Association of Professional Apiarists (CAPA) suggests that Canada sustained a national average of honey bee deaths of 29.3 % in 2011. Another source indicates that in 2012 almost 99,000 hives died or became unproductive. This amount of loss is greater than what is considered sustainable. Alarmingly, Honey Bees have been disappearing at percentages considered unsustainable for over a decade. Yet, the average person is largely unaware of this threat or what it represents. That is why that primary of all known solutions is education, awareness and active governmental participation in a resolution to this crisis. Without understanding that there is a problem, we have seen that the general public will take for granted the severity of this global crisis. It is for this reason that I began my campaign in 2009. While it proudly originated in Saskatoon Saskatchewan, it did not end until it spread from coast to coast and found root in distant countries. I had an inspired dream that if municipal governments across Canada were to be unified by a collective, singular proclamation in dedication to the Honey Bee, that more people, through media attention, would be made aware of their alarming decline......And resolve to take more necessary action to save this critically important creature and prevent the permanent loss of color and vitality on our wondrous planet. Imagine a world without blueberries, apples, oranges, broccoli, herbs, almonds, peaches, pears, and over 90 other food crops! Alternatively, imagine a world where only the rich can afford to eat a grape or a peanut! There are Billions of people around the world that already have difficulty finding nourishment in the meagre food they have. Imagine a world where even the middle -class cannot afford fruits and vegetables......the lower class will cease to exist and no one will be privileged enough to donate produce to food banks. The poor will starve and there will be chaos; however, this fate is still preventable. It is not yet too late; and you can be an asset in turning aside my terrible predictions. Inform your citizenry of this crisis and with your authority, call on your Provincial Government and our Federal Government to give answer to our collective appeal. In 7 provinces across Canada and with the support of over 70 municipal governments, May 29, 2010 was recognised as the first annual "Day of the Honey Bee ". It was officially recognised in declaration by three provincial governments — Saskatchewan, Manitoba and British Columbia and recorded in the Legislative Assembly Hansard of Alberta. The Standing Committee on Agriculture and Agri - Food Canada suggested, "That the Government (of Canada) follow in the footsteps of the Province of Saskatchewan... ...by proclaiming May 29, 2010 as the National Day of the Honey Bee and that this be reported to the House." As a result, "Day of the Honey Bee" is currently a Motion in the House of Commons, submitted by Mr. Alex Atamanenko, Member of Parliament for BC Southern Interior, currently serving on the Standing Committee for Agriculture and Agri - Food Canada. In 201 1, this special day was endorsed for a second time by Saskatchewan, Manitoba and British Columbia; and supported by 163 municipal governments across Canada. In 2012, I once more sent thousands of letters. Last year "Day of the Honey Bee" was again celebrated by three provinces; and 179 municipal governments; while many were issued in perpetuity. The national average of support for "Day of the Honey Bee" is just over 25% of the population of Canada! "Day of the Honey Bee" has even been celebrated in The United Kingdom and Turkey. I dearly hope that this year, that you may add to this amazing success. Furthermore, because of this amazing support, more people learned about the plight of Honey Bees. All across Canada and abroad, beekeepers, apiarists, beekeeping associations, farmer's markets, postsecondary institutions, municipal groups and other concerned individuals planned activities and events on May 29th and the week surrounding this date, to educate and inform the public. The potential that this day possesses to stimulate the local economy, farmer's markets and fairs; and produce revenue for local beekeepers, as well as generate research funding, if given official support by this Council, is as overwhelming as it is undeniable. Nonetheless, even though more than a quarter of the population of Canada has supported the establishment of this day, I have not been able to gain the same level of success with many other Provincial Governments or the Federal Government of Canada. It is my hope that with my words, you may contribute to this continued success with wisdom and the authority your station affords. And now therefore, I do humbly request: (a) That your Worship and Council, on behalf of your citizenry, resolve to proclaim May 29th, 2013 as the fourth annual "Day of the Honey Bee;" and (if bylaw allows) that this proclamation be issued in perpetuity; (b) That in the event proclamations are not issued as a matter of policy, that your Worship and Council please consider, for the purposes of educational awareness, making an exemption to that policy in order to greater serve the broader public interest; (c) That in the event there is a municipal ban on beekeeping within your influence, that in collaboration with your provincial apiarist and / or local beekeepers and respecting provincial regulations, that your Worship and Council resolve to antiquate this ban and formally sanction "backyard" or hobbyist beekeeping within your jurisdiction; (d)That your Worship and Council resolve to endorse the establishment of a recognised "Day of the Honey Bee" by your Provincial Government, by writing a letter of support to your respective Member of the Legislative Assembly, your respective Provincial Minister of Agriculture and your respective Provincial Apiarist. (e) That your Worship and Council resolve to endorse the establishment of a recognised "National Day of the Honey Bee" by the Federal Government of Canada, by writing a letter of support to all respective Members of Parliament of your jurisdiction and to Alex Atamanenko, Member of Parliament for BC Southern Interior. alex.atamanenko.a pad.ge.ca; atamaalc parl.g.c.ca. (f) That your Worship and Council resolve to endorse the establishment of a recognised "National Day of the Honey Bee" by the Federal Government of Canada, by writing a letter of support to the Honourable Gerry Ritz, Minister of Agriculture and Agri -Food Canada: The Honourable Gerry Ritz Agriculture and Agri -Food Canada 1341 Baseline Road Ottawa, Ontario K 1 A 005 Fax: 613-773-1081 (g)And that in the event a proclamation, endorsement and or response are issued, that the original be sent to the address and contact information provided in this correspondence below; for the purpose of keeping accurate tally and record; and that if copies of your response are to be sent to apiarists or beekeeper- groups that they be given copies. By these requests, it is my goal that through collective proclamation, more of the populace will be made aware of the dire threats facing the Honey Bee; not only in your region but your province, across Canada and the world. I thank you for your time and your considerations, Sincerely, Clinton Shane Ekdahl Founder of "Day of the Honey Bee" 129 Avenue E South Saskatoon, Saskatchewan, S7M 1 R7 1 (306) 651 — 3955 cccssseee @hotmail.co.uk Clerks Department Inter - Department Memorandum TO: Mayor James Diodati DATE: March 26, 2013 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Tourist Exemption - Freshco, 5931 Kalar Road Whether a business is allowed to open on a statutory holiday is determined by The Retail Business Holidays Act. The Act does not allow holiday openings except for certain exemptions, which are outlined in the Act. There is a process to apply for a tourist exemption. The exemption is done through Region not the City. There is a fee and the Region will hold a public meeting before granting the exemption. The Region asks the lower tier municipality to sign off on the application first. The regulations of the legislation state that a retail establishment has to be located within 2 km of a tourist attraction and relies on tourists visiting the attraction for business on a holiday. Most applications for such an exemption in Niagara Falls have been approved, including most other grocery stores.. Niagara Falls City Council has gone on record in the past asking that the Province to give the City the authority to determine statutory holiday openings and has supported other similar requests of this nature.. RECOMMENDATION: That Council support the request. Working Together to Serve Our Community March 7, 2013 Mr. Dean lorfida, City Clerk City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905 -685 -1571 Toll -free: 1- 800 - 263 -7215 Fax: 905 - 687 -4977 janet.pilon @niagararegion.ca www.niagararegion.ca Re: Request for Comments on Application for Tourism Exemption for Holiday Openings — Freshco, 5931 Kalar Road, Niagara Falls I am attaching an application from 1314432 Ontario Inc. operating as Freshco grocery store located at 5931 Kalar Road, Niagara Falls requesting a tourism exemption under the Retail Business Holidays Act to permit Freshco grocery store to open on New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day and Thanksgiving Day from 8:00 a.m. to 10:00 p.m. I would kindly request that you arrange to provide me with the comments from the City of Niagara Falls regarding this application by Tuesday April 2, 2013 so that they may be included as a correspondence item for the public meeting to be held before the Region's Integrated Community Planning Committee on Wednesday, April 10, 2013 at 1:00 p.m. If you have any questions regarding this matter, please do not hesitate to contact me at 905 -685- 4225 ext. 3220. Yours very truly, Janet Pilon Regional Clerk cc. Tony D'Andrea, Freshco Steven Chisholm, Legal Services Patrick Robson, Integrated Community Planning Natasha Devos, Integrated Community Planning Building Community. Building Lives. Bill 6715 THE REGIONAL *MUNICIPALITY OF X AGARA APPLICATION FOR TOURISM EXEMPTION RE HOLIDAY OPENINGS The undersigned hereby applies to the Council of the Regional Municipality of Niagara for an exempting by -law under subsection 4(1) of the Retail Business Holidays Act, R S O. 1990, Chapter R 30 If more than one person carrying on retail business is represented in this application, please list information for each on a separate page and attach to form. Pursuant to the Regulations under the Act, an application relating to a retail business establishment that on days other than holidays normally uses a total area of 2,400 square feet or mote for serving the public or normally has four or more employees serving the public shall be made only by that retail business establishment. (PLEASE PRINT OR TYPE AND ADD EXTRA PAGES, IF NECESSARY) FART I - APPLICANT INFORMATIOV 1 Type of applicant (please check one): one or more persons carrying on retail business in the Regional Municipality of Niagara an association, whether or not incorporated, representing persons carrying on retail business in the Regional Municipality of Niagara a council of a local municipality 2 Name of Applicant: TC .»\17 Mailing Address of Applicant: \ 1 ri> . Rt (LI Telephone No. of Applicant: , ��3�� Fax No.: 3 Applicant's Authorized Agent (to whom all correspondence ' '2' , i 43 g ( l ac_ will be sent): J "T J tJ��Z�i Q.._ Mailing Address: Telephone No : Fax No.: 4 Location of Retail Business Establishment Municipal Address street Number, Municipality tvtA 4�. 0 4 . �- t 90,t- '37� - 3103 5. If you wish the exemption to apply to one or more classes of retail business establishments, please define and specify the classes: C(;. j i F ( Bill 6 715 - 2- n Total No of Sq. Ft normally used for serving the public: 2))CYC O Total No of Employees normally serving the public: PART II - TOURISM CRITERIA Tourist attractions are limited to: a) natural attractions or outdoor recreational attractions; b) historical attractions; and c) cultural, multi - cultural or educational attractions The two (2) kilometre restriction set out in the Regulations to the Act does not apply to a retail business establishment located in a local municipality within the Region of Niagara, having a population of less than 50,000 1 Is business located within two kilometres of a tourist attraction? If yes, describe the nature of tourist attraction: - -JnS S� � <0AA Lct QL_k � s 2 Describe nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday A`�f�TtGrv�_ 3 Where the application involves a business that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public, oz normally has four or more employees serving the public, please outline the goods or services provided primarily to tourists 5 ■t.'S l 1 u--C> ii )v �� n Bill 6715 4 a) b) c) d) e) f) g) This section relates only to applications to grant exemptions on an area basis. In what local municipality is it located? 111 -. Describe subject area (in words): LI:- SL- 'I (Please attach a map or sketch) How any businesses are included in this application? Are all the retail business establishments in the described ar within two kilometres of the tourist attraction? Does the area exceed that necessary to encompass all of the retail business establishments for which an exemption is sought? ,_.:s4ES If not, explain how it does not: How many of the businesses are dir6ctly associated with the tourist attraction or rely on tourists visiting the tourist attraction for business on a holiday? (Regulations to the Act require at least 25% of the businesses) If application is submitted by an association, describe briefly the purpose of the association, the area and type of businesses it represents PART III - GENERAL Indicate which holidays, and which specific times or specific number of hours you wish to be open on those holidays: pfv`) CG 'p i Q J) 4S.TC� ►� c-) +0 to_e_m t��v� 1trAfts D sY L.(4)cA).V- O( 2 Is request seasonal i iature, e g summer months only? YES NO If yes, what time period is sought? 3 What is the justification in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the exemption? Bill, 6 715 - 4 - a is request related to a special event? Yes No (NOTE: A retail business establishment may be exempted for up to five holidays a year during which a fair, festival or other special event (but not solely a parade) is being held in that municipality For what holidays is exemption being sought? Describe special event, duration and time of year 5 Indicate how the exemption would, if granted, be for the maintenance or development of tourism and briefly identify other material submitted with this application that supports this conclusion: k a Ci ll. 1 1 _- Pssi 6. What justification is there for the opening of the retail business establishment(s) on holidays in light of the principle, stated in the Retail Business Holidays Act, that holidays should be maintained as common pause days? totc.1 ��PcLI_s \ S - 3r �t.F 4V -C3 SS'sccf, yh% fi vu 1 S Bill 6715 EXECUTION BY APPLICANT L t{ —..-41?"- 1 1, C)l',Ll `) he.C.)\ P'- of the 2:_.( t +'.� -of of 14 4 CA(L ;ps do solemnly declare that all of the statements contained in this application are true and I make this solemn declaration conscientiously, believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act .em. - in the Declared before me at th of t\s' I0,1 Ck_ } , in the ) ) Et ) daycf - -tGti -� A Commissioner, etc this Deputy Clerk Regional Municipality of Niagara I /We, APPOLNTJNT OF AUTHORIZED AGENT hereby appoint of to act as my /our authorized agent in this application. Witness: Date: NOTES: Signed (Applicant) 1 It is required that the original application be filed with the Regional Clerk, together with appropriate documentation, accompanied by a cheque in the amount of $750, made payable to: THE REGIONAL MUNICIPALITY OF NIAGARA This fee will cover the following: -• publication costs - legal costs to review applications - administrative costs i e. printing, mailing 2 Applications are to be filed at the Clerk's Department, the Regional Municipality of Niagara, 2201 St David's Road, Thorold, Ontario, L2V 4T7 to the attention of the Regional Clerk (685- 1571) 3 This application and any by -law passed by the Region are subject to the provisions of the Retail Business Holidays Act It is strongly suggested that Applicants contact their solicitor with respect to the provisions of the Act. 4 It is preferred where possible that applicants submit a proposed exemption by -law with their applications 5 Each application must be accompanied by a, scaled plan or map of the area covered by the proposed by -law showing: (a) the retail business establishment(s); (b) the tourist attraction; and (c) the scale of the plan or map enabling the distances to be measured Bill 6715 THE REGIONAL MUNICIPALITY OF NIAGARA BY -LAW NO. 6728-92 A BY -LAW TO ESTABLISH PROCEDURES AND FEES FOR PROCESSING APPLICATIONS FOR HOLIDAY OPENINGS FOR TOURISM UNDER THE RETAIL BUSINESS HOLIDAYS ACT WHEREAS pursuant to section 4(1) of the Retail Business Holidays Act, R.S.O. 1990, Chapter R.30, as amended, the council of a municipality may by by -law permit retail business establishments to be open on holidays for the maintenance or development of tourism; AND WHEREAS pursuant to section 4(9)(a) of the said Act, the council may establish procedures and fees for the processing of applications; AND WHEREAS Regional Council deems it expedient to establish procedures and fees for the processing of applications for holiday openings for the maintenance or development of tourism under the said Act; THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1. That a fee of $750.00 shall be charged for the processing of each application. 2. That if an application is made by an association representing persons carrying on retail business, or by a local municipality, and if any retail business establishment that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public or normally has four or more employees serving the public, makes an application in conjunction with and together with that application, then an additional fee of $100.00 shall be charged for each such retail business establishment. 3. That the application fee shall be submitted with the application and shall be non - refundable, except for the costs of publishing notice of a public meeting, which costs may be refunded if the application is withdrawn prior to these costs being incurred. 4. That advertisements shall be placed in the local newspapers to advise persons carrying on retail business in the municipality of the procedures and fees approved for holiday openings for applications for tourism, and to establish deadlines for the receipt of applications. 5. That the procedures for processing applications shall be as set out in Schedule "A" hereto. Bill 6 715 - 2 °- 3. The Regional Clerk shall forward a copy of the application to the Clerk of the area municipality to which the application applies with a request to forward their comments on to the Region for inclusion at the public meeting being a special meeting of Regional Council. 4. Staff will prepare the necessary by -law and given notification of the public meeting and such notice shall be at least thirty days prior to the meeting. 5. This special meeting of Council will be held to allow any person who attends the opportunity to make representations in respect of the proposed by -law and to allow Council to consider the approval or denial of the by -law. Section 4.7 provides that Council is not required to pass the by -law even if the tourism criteria are met. 6. The by -law, if passed, will come into force 31 days after it is passed and not appealed. SCHEDULE "A" Bill 6715 PROCEDURES A. Instructions to Applicantq Upon receipt of a telephone or written enquiry, applicants will be sent an information package which will include the following: - Bill 115 -- Ontario Regulation 711/91 -- Tourism Criteria - Background information provided by Ontario Ministry of Tourism and Recreation and Ministry of the Solicitor General i.e. summary of the Act, definitions of tourism attractions, telephone numbers to call for further information on common pause day legislation -- Application form (See Appendix A) Applicants will be advised: 1. A non-refundable fee is required upon submission of an application. 2. The application will be scheduled on the next available public meeting date, if: - the applicant has completed their application providing all supporting material and documentation. 3. The area municipality in which the business establishment is located will be notified and asked for comment for inclusion at the respective public hearing. B. E ocessina of Aroplications 1. An applicant seeking permission for a retail business establishment to be open on any holiday pursuant to the Act shall submit to the Regional Clerk a duly executed application form, accompanied by a non - refundable fee and supporting documentation. 2. The Regional Clerk shall forward a copy of the application to the Solicitor for review and comment prior to the scheduling of a public meeting relating to the application. Bill 6715 - 2 - 6. That this by -law shall come into fozce and take effect on the day upon which it is passed. Passed: THE REG . AL MUNICIPALI Y OF NIAGARA (Brian E. Merret egional Chair) (Carla Cavasin, Regional Clerk) May 7, 1992 Bill 19 THE REGIONAL MUNICIPALITY OF NIAGARA BY -LAW NO 19 -2010 A BY -LAW TO AMEND BY -LAW NO 6728 -92 A BY -LAW TO ESTABLISH PROCEDURES AND FEES FOR PROCESSING APPLICATIONS FOR HOLIDAY OPENINGS FOR TOURISM UNDER THE RETAIL BUSINESS HOLIDAYS ACT WHEREAS pursuant to section 4(1) of the Retail Business Holidays Act, R S.O 1990, Chapter R.30, as amended, the Council of a municipality may by by -law permit retail business establishments to be open on holidays for the maintenance or development of tourism; and WHEREAS pursuant to section 4(9)(a) of the said Act, the council may establish procedures and fees for the processing of applications; and WHEREAS Regional Council deems it expedient to establish procedures and fees for the processing of applications for holiday opening for the maintenance or development of tourism under the said Act; and WHEREAS Regional Council deems it advisable to amend the aforesaid By -law to designate the Integrated Community Planning Committee as the body to hold the public hearing required with respect to the processing of applications for holiday openings for tourism under the Retail Business Holidays Act; THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1 That Schedule "A" of By-law 6728 -92 be amended to read as follows: B Processing of Applications 1 An applicant seeking permission for a retail business establishment to be open on any holiday pursuant to the Act shall submit to the Regional Clerk a duly executed application form, accompanied by a non - refundable fee and supporting documentation 2. The Regional Clerk shall forward a copy of the application to the Solicitor for review and comment prior to 3 T he Regional Clerk shall forward a copy of the application to the Clerk of the area municipality to which the application applies with a request to forward their comments on to the Region for inclusion at the public meeting to be held before the Integrated Community Planning Committee Page 1 of 2 Bill 19 4 Staff will prepare the necessary by -law and given notification of the public meeting and such notice shall be at least thirty days prior to the meeting. 5 The public meeting before the Integrated Community Planning Committee (ICPC) will be held to allow any person who attends the opportunity to make representations in respect of the proposed by- law and to allow the ICPC to make a recommendation to Regional Council with respect to the proposed by -law, The by -law, if passed, will come into force 31 days after it is passed and not appealed 2 That By -law No 6728 -92 is hereby amended 3 That this By -law shall come into force and take effect on the day upon which it is passed. Passed: February 11,_2010 THE REGIONAL MUNICIPALITY OF NIAGARA (Peter Partington, Regional Chai t".2 Lt (Kevin Bain, of (Kevin Bain, egional Clerk) Page 2 of 2 Nia • ara Fal i s, ON. L. L. 8 3/1 .C2 1CI Von, OAN; 11.11.1 L Jilattats 111:11 111141W Ell ILIO 11111111111111111111014416-"' pH .1 31 S:3143.1110(J 3'1411 I Wit .101 xr rn v 0 cn NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer CAO- 2013 -02 March 26, 2013 SUBJECT: CAO- 2013 -02 Customer Service Excellence — Mid -Term Progress Update RECOMMENDATION For the information of Council. BACKGROUND One of the key Strategic Priorities that Council established at the beginning of their term was a commitment to Customer Service Excellence. The Strategic Priorities document indicated that this would be accomplished through: • commitment to a values -based corporate culture • fostering a customer focused organization, and • staff and community engagement. This midterm report provides an overview of the progress to date on implementation actions and strategies. In addition, the report presents the results of the first service delivery survey undertaken by the City of Niagara Falls. In order to measure the effectiveness of our Customer Service Excellence initiatives, staff conducted the MyCity Customer Service Experience Survey in December 2012. This report provides the results of the survey, and the next steps in our quest for Customer Service Excellence. ANALYSIS /RATIONALE Overview of Progress to Date on Customer Service Excellence Initiatives Since 2011, staff has undertaken the following initiatives under the three action areas noted above: Commitment to a Values -based Organization • Established Corporate Values of Leadership, Teamwork, Accountability and Respect and the related Corporate Values Charter. The values and their meaning are constantly communicated throughout the organization. Employee recognition programs were updated to reflect recognition of our corporate values. • Introduced the "This is ... MyCity Niagara Falls" ownership and staff pride initiative. March 26, 2013 - 2 - CAO- 2013 -01 Fostering a Customer Focused Organization • Customer Service Excellence training for all staff took place in 2012. The training focused on exceeding customer expectations through improved communications, service standards and relationship management. Implemented Customer Service Standards that were developed and endorsed by Staff and approved by City Council. • Created an online option for customer compliments and complaints — talktotheCAO @niagarafalls.ca. Staff and Community Engagement • Launched the new City of Niagara Falls website complete with Mayor Diodati avatar • Engaged the public through Corporate and Mayoral Facebook and Twitter accounts • As of the current Spring /Summer 2013 issue, the Leisure Guide has been re- branded as The MyCity Guide to include easily accessible information from all City of Niagara Falls departments, as well as the usual comprehensive listings of arts, culture and recreation opportunities available in our community. MyCity Customer Service Experience Survey During December 2012, staff implemented the "MyCity Customer Service Experience Survey' which queried customers regarding their service experience with the City over the course of a two -week period. The goals of undertaking the survey were to measure the effectiveness of our Customer Service Excellence initiatives to date, and to provide an opportunity for the public to share their comments and suggestions on ways we can better serve our community. Two versions of the survey were prepared - one for Transit Services and one for all other City departments. Corporate Wide Survey This survey solicited information on the type of service received and asked the respondent to rate their customer service experience in the areas of timeliness, staff courtesy, staff competence, quality of the information received, service quality, and overall experience. There was also a section that encouraged customers to suggest how the City could improve the way we serve our customers and community. Customers were able to respond to the survey in one of three ways: 1) by completing a customer service survey at any City department service counter, 2) by completing the survey through The City of Niagara Falls website, and 3) by responding to a follow -up call from City staff regarding a field service the customer had received. Transit Survey The Transit survey requested information on the customer's travel habits including how often they rode the bus and for what purpose. It also asked customers to rate the courtesy of staff, how well staff responded to their questions, and their overall impression of Niagara Transit. The respondents were then asked to rank the following four areas for improvement from most wanted to least wanted: • greater service frequency • additional route coverage March 26, 2013 - 3 - CAO- 2013 -01 • earlier starts ad later finishes to the service day • better connections between buses. Customers were able to respond to the Transit survey in one of three ways: 1) by completing a customer service survey at any City department service counter, 2) by completing the survey through The City of Niagara Falls website, and 3) by completing the survey administered on the bus by City staff There was also a section that encouraged customers to suggest how the City could improve the way we serve our customers and community. Results In all, more than 300 responses were received. Seventy percent of the responses were from cards completed at counters and on buses, 15% resulted from telephone follow -up calls on field service and 15% of the surveys were completed on line. If follow up was requested by the customer, staff has contacted them and if the customer had a specific problem or issue, it has been addressed, or staff continues working with them to resolve it. Staff is pleased to report that an average rating of excellent was achieved across the corporation for the overall customer service experience. This isn't to say that there is no room for improvement. Staff has reviewed the results and is making changes to the way we do business based on customer comments. General comments and suggestions from the respondents included: improving customer service wait times and speeding up approvals processes improving the voice mail system and providing better on -line directories for staff • implementing two shifts at City Hall ( 8:00 a.m. to 4:00 p.m. and 10:00 a.m. to 6:00 p.m.) to better accommodate those who work during the day • undertaking a comprehensive review of all bylaws including property standards • allowing Interact payments • increased sharing of advice and alternate solutions Comments regarding Transit included improving Sunday service, and the most wanted service improvements were greater service frequency, followed by additional route coverage. Staff Comments The MyCity Customer Service Experience Survey was well received by the public, and the completion of 312 surveys is considered a very good response for this first time survey. The survey results will inform the next phase of our Customer Service Excellence Training, scheduled to begin in April 2013. The survey provided an opportunity to engage our customers and receive the feedback we need to improve our service. Staff is currently reviewing the options for an ongoing customer feedback mechanism. CITY'S STRATEGIC COMMITMENT Customer Service Excellence is the 2011 -2014 Council Strategic Priority addressed by this report. March 26, 2013 - 4 - LIST OF ATTACHMENTS MyCity Customer Service Experience Survey Poster MyCity Customer Service Experience Survey - Corporate Wide MyCity Customer Service Experience Survey - Transit Respectfully submitted: CAO- 2013 -01 Ken Todd, hief Administrative Officer SERVICE EXCELLENCE mycihy NIAGARA FALLS Customer Service Experience 000.. 1 ,'u 9 sou a WIN - WIN... December 3 to December 16, 2012 the City of Niagara Falls will be seeking input from our customers to help us gauge how we can improve our Customer Service and to affirm we are on the right track! City staff will hand out Customer Service Comment Cards to every individual with whom we have contact during this period. We encourage our customers to complete their Cards to become eligible to WIN a City of Niagara Falls Prize Package! Service at: Counter 1. Describe the servir..e ycw requesle-0 Timeliness ;mK 2J g ƒ ci ■ m 0 i E 2 a 0 ) R k 6. What would you like to see improved most at Niagara Falls Transit? 4; O g co E • H ' "a it 10) t1 B ° Please check the most correct response... Rate 1 -4 (1 =Most wanted improvement, 4 =Least wanted improvement) Service with: TRANSPORTATION DEPARTMENT Greater service frequency (30 minutes between buses) C) w O 0 41 O Tzsc O O Earlier starts and later finishes to the service day Better connections between buses c" •N c H N co LL ct co Z t y O 3 a) E > a a T CD 0 o E E N - O 0 o m m .T 3 o 3 _ U O i Please provide any other comments you may have below. V ) a) c N O U) 7 O O- > .. w cn as 0) C S • 2 C ."= H al 0 co 0) co al 0 1` ii Z CD o m O c >, m O C/3 ti O t�6 C) @ 0 2 o Z co = C o 2 cn C N >O 2 O O O o H ._ � ) 0 = E -- m L - -, ca J a) 7 d O G) > C) cry— • O ) u o 0) CO' -a Q �' O V 0 C 0 R Y i F- 2013 -19 Niagaraaalls March 26, 2013 REPORT TO: Mayor James Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2013 -19 2012 Sleep Cheap Event RECOMMENDATION That Council approve the payments to the various recipients of this years Sleep Cheap event. EXECUTIVE SUMMARY Sleep Cheap is a fundraising event held annually in the City. The Sleep Cheap event is coordinated by the City in co- operation with members of the City's tourism industry. The grant recipients are selected by the organizing committee. All groups seeking grants must apply to the committee annually. The 2012 event raised $161,629. Overall, since its inception in 2004, the event has raised $1,187,135. Staff recommend on behalf of the committee that grants be issued to the various recipients as outlined in the attachment. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The various tourism operators contribute all of the funds raised during the Sleep Cheap event. Each of the contributing tourism operators receive a receipt for the funds collected and contributed to the City. A committee made up of a Councillor, City staff and tourism operators coordinate the event, collect the funds and determine the recipients for the monies raised. Attached is the committee's recommended list of recipients with the designated amounts. LIST OF ATTACHMENTS Distribution of funds. Recommended by: Respectfully submitted: Todd Harrison, Dirctor of Finance Ken Todd, Chief Administrative Officer March 26, 2013 - 2 - Sleep Cheap 2012 - Distribution of Funds Charity Autism Ontario Boys & Girls Club of Niagara Child Advocacy Education Foundation of Niagara Greater Niagara General Hospital Foundation Habitat for Humanity Heartland Forest Kidsport Niagara MS Society of Canada Amount Granted $2,000.00 $10,481.25 $10,000.00 $2,000.00 $5,000.00 $16,000.00 $10,000.00 $2,000.00 $2,000.00 Niagara Falls Big Brother /Big Sisters $10,000.00 Niagara Region Sexual Assault Centre $5,000.00 $4,000.00 $1,690.00 $2,000.00 $4,000.00 $3,000.00 $896.25 $8,195.00 $5,000.00 Peterson Community Workshop Association St. John Ambulance Scouts Canada Stamford Collegiate Therapy Tails Niagara United Way Walker Centre Wellspring Women's Place $2,550.00 Total Contributions to Charity $105,812.50 Niagara Community Foundation $55,816.50 Grand Total $161,629.00 F- 2013 -19 Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2013 -21 Monthly Tax Receivables Report F- 2013 -21 March 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 February 28, 2013 were $18.9 million compared to $21.1 million in 2012. During February, tax receivables as a percentage of taxes billed decreased from 26.3% in 2012 to 23.4% 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 ten 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 February. Table 1 shows that taxes outstanding at February 28, 2013 are $18.9 million. This represents a decrease from $21.1 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 two months of activity. This table shows 51.9% of the tax accounts or 202 properties have been paid in full or the owners have made suitable payment arrangements. During February, eleven 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. March 26, 2013 - 2 - F- 2013 -21 Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of February, two registered properties were redeemed. The outstanding taxes for registered properties represents 2.2% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at February 28, 2013 is 23.4% which is a decrease from 2012's value of 26.3 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at February 28, 2013 Taxes Receivable by Property Class at February 28, 2013 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Respectfully submitted: A. Felicetti Todd Harris n, Direct of Finance Ken Todd, Chief Administrative Officer TABLE 1 Total Taxes Receivable Owing at February 28, 2013 2013 2012 Outstanding Taxes @ January 31, 2013 $ 15,176,251 $ 17,678,001 Taxes Billed and Due February 28, 2013 $ 40,489,827 $ 40,172,004 Penalty charged in February $ 212,279 $ 236,834 Taxes Collected during February $ 36,950,201 $ 36,966,898 Outstanding Taxes @ February 28, 2013 $ 18,928,156 $ 21,119,941 Taxes Billed and Due April 30, 2013 $ 40,489,827 $ 40,172,004 Total Taxes to be Collected $ 59,417,983 $ 61,291,945 TABLE 2 Taxes Receivable by Property Class as at February 28, 2013 2013 Taxes Owing % of Class 2012 Taxes Owing % of Class Residential $ 27,910,862 46.97% $ 27,044,968 44.12% Multi- Residential $ 1,777,502 2.99% $ 1,836,132 3.00% Commercial $ 27,942,508 47.03% $ 30,409,767 49.61% Industrial $ 1,709,475 2.88% $ 1,904,943 3.11% Farmlands $ 77,635 0.13% $ 96,135 0.16% Total Receivables $ 59,417,983 100.00% $ 61,291,945 100.00% TABLE 3 TABLE 4 Scheduled Tax Sales Date Properties Subject to Registration as at January 31, 2013 Properties Subject to Registration as at February 28, 2013 % Initial Amount 389 389 1 Paid in Full 29 40 10.3% Payment Arrangements 125 162 41.6% Ongoing Collection Action 235 187 48.1% Registered 0 0 0.0% 389 389 100.0% TABLE 4 Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount May 2013 4 $ 409,616 November 2013 1 $ 411,264 May 2014 5 $ 513,365 Totals 10 $ 1,334,245 Niagaraalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2013 -22 Municipal Accounts F- 2013 -22 March 26, 2013 RECOMMENDATION That Council approve the municipal accounts totalling $7,682,399.01 for the period January 31, 2013 to February 20, 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: Finance Ha nce Ken Todd, Chief Administrative Officer r son, Di ector of CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Page 1 of 6 Cheque No. Cheque Date Purpose Amount 1578891 ONTARIO LIMITED 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 180 MARKETING 2156914 ONTARIO INC 0/A IDEAL PLUMBING & HEATING 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 984265 ONTARIO LTD aka CIRCLE P PAVING A J STONE COMPANY LTD A J STONE COMPANY LTD ACA ENGINEERING SERVICES ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ADVANCE TOWING AIR CARE SERVICES AIR CARE SERVICES AIRON HVAC ALEXANDER - WENMAN, DONNA ALFIDOME CONSTRUCTION ALL TOOL CANADA INC ALTERNATE SOLUTIONS AMALGAMATED TRANSIT UNION #1582 ANTONIO,CHUCK APPLIED GEOLOGICS INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARIVA ARIVA ARTISTA DESIGN & PRINT INC ASSOCIATED ENGINEERING (ONT) LTD B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE BAIN PRINTING LIMITED BANKS,LYNNE BEAMAN,KEN BEATTIES BASICS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BERNAT,CLARK BICKLE MAIN INDUSTRIAL SUPPLY INC BIGGARS KEY SHOP BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOLAND,BRAD BOYLE,PEGGY BREAK A WAY CONCESSIONS BRIAN SINCLAIR IN TRUST BRIDEAU,DAVE BRINKS CANADA LTD BROCK FORD LINCOLN BROCK FORD LINCOLN BROCK FORD LINCOLN BRUBAKER,JERE BRYCE,ANDREW BUILDING INNOVATION BURGESS,DAVE BURKHOLDER,RUTH CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CANADA POST CORPORATION CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN PACIFIC RAILWAY CO 361651 06- Feb -2013 SERVICES 150.29 361802 13- Feb -2013 MATERIALS 975.45 361962 20- Feb -2013 MATERIALS 1,126.28 361803 13- Feb -2013 MATERIALS 2,921.05 361963 20- Feb -2013 MATERIALS 196.62 361652 06- Feb -2013 MAINTENANCE /REPAIRS 96.05 362098 20 -Feb -2013 CONTRACT SERVICES 35,362.40 361806 13- Feb -2013 MATERIALS 313.90 361967 20- Feb -2013 SERVICES 4,708.08 361804 13- Feb -2013 CONSULTING SERVICES 678.00 361653 06- Feb -2013 SERVICES 124.30 361964 20- Feb -2013 MATERIALS 50.85 361965 20- Feb -2013 SERVICES 395.50 361654 06- Feb -2013 MATERIALS 739.38 361805 13- Feb -2013 MAINTENANCE /REPAIRS 1,547.12 361966 20- Feb -2013 MATERIALS 1,276.34 361655 06- Feb -2013 REFUND 200.00 361656 06- Feb -2013 CONTRACT SERVICES 49,215.29 361807 13- Feb -2013 MATERIALS 5,351.68 361968 20- Feb -2013 MATERIALS 762.52 361808 13- Feb -2013 PAYROLL REMITTANCE 2,469.75 361809 13- Feb -2013 TRAVEUMILEAGE 50.44 361969 20- Feb -2013 SERVICES 13,188.72 361811 13- Feb -2013 MATERIALS 768.02 361971 20- Feb -2013 VEH ID# 681 57.92 361810 13- Feb -2013 VEH ID# 684 357.65 361970 20- Feb -2013 VEH ID #130 347.81 361812 13- Feb -2013 MATERIALS 1,420.98 361972 20- Feb -2013 MATERIALS 530.25 361973 20- Feb -2013 MATERIALS 401.15 361657 06- Feb -2013 SERVICES 523.05 361658 06 -Feb -2013 VEH ID# 413 927.13 361814 13- Feb -2013 MATERIALS 4,635.26 361974 20- Feb -2013 MATERIALS 4,413.78 361975 20- Feb -2013 TRAVEUMILEAGE 13.36 361976 20- Feb -2013 TRAVEUMILEAGE 109.71 361815 13- Feb -2013 SERVICES 308.87 361659 06- Feb -2013 SERVICES 78.41 361817 13- Feb -2013 SERVICES 465.02 361977 20 -Feb -2013 SERVICES 15.93 361978 20- Feb -2013 SERVICES 665.42 361816 13- Feb -2013 SERVICES 113.00 361818 13- Feb -2013 PETTY CASH 415.70 361819 13- Feb -2013 MATERIALS 300.69 361820 13- Feb -2013 MATERIALS 56.49 361660 06- Feb -2013 CONTRACT SERVICES 5,028.98 361661 06- Feb -2013 LEASES AND RENTS 2,471.88 361821 13- Feb -2013 MATERIALS 1,928.07 361979 20- Feb -2013 SERVICES 430.81 361822 13- Feb -2013 SERVICES 226.00 361980 20- Feb -2013 TRAINING 478.59 361662 06- Feb -2013 REIMBURSEMENT 1,534.50 361981 20- Feb -2013 MCLEOD RD RECONSTRUCTION PR 18,005.71 361663 06- Feb -2013 MATERIALS 150.00 361664 06- Feb -2013 MATERIALS 311.32 361665 06- Feb -2013 MATERIALS 372.90 361823 13- Feb -2013 MATERIALS 3,174.10 361982 20- Feb -2013 MATERIALS 1,111.96 361667 06- Feb -2013 HONORARIUM 30.00 361668 06- Feb -2013 TRAVEL /MILEAGE 97.50 361825 13- Feb -2013 CONSULTING SERVICES 16,950.00 361826 13- Feb -2013 MATERIALS 150.00 361669 06- Feb -2013 REFUND 22.50 361670 06- Feb -2013 MATERIALS 3,149.09 361827 13- Feb -2013 MATERIALS 124.93 361983 20- Feb -2013 CONTRACT SERVICES 1,209.10 361675 06- Feb -2013 SERVICES -BAG SERVICE 813.60 361673 06- Feb -2013 SERVICES 200.58 361828 13- Feb -2013 MATERIALS 341.83 361984 20- Feb -2013 MAINTENANCE /REPAIRS 180.80 361829 13- Feb -2013 MATERIALS 305.97 361985 20- Feb -2013 MATERIALS 743.04 361830 13- Feb -2013 CONTRACT SERVICES 48,789.85 Page 2 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANADIAN SALT COMPANY LIMITED THE CANAVAN,WENDY CANCORE INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARQUEST CARRIER ENTERPRISE CANADA L.P. CASTLE MECHANICAL CASTLE PLUMBING & HEATING INC CENTRAL COMMUNICATIONS CENTRAL COMMUNICATIONS CENTRE COURT CAFE CENTURY MANUFACTURING CORPORATION CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CH2M HILL CANADA LTD CHABAD OF NIAGARA CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHESHER,RON CHINDEMI,MARK CIMCO REFRIGERATION CIMCO REFRIGERATION CLEVER DEVICES LTD CLEVER DEVICES LTD CLEVER DEVICES LTD CLUB ITALIA ORDER OF SONS OF ITALY C -MAX FIRE SOLUTIONS C -MAX FIRE SOLUTIONS CODE 4 FIRE & RESCUE INC COFFEY GEOTECHNICS INC COFFEY GEOTECHNICS INC COGECO CABLE CANADA LP COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMPLETE COMFORT NIAGARA INC CONIDI,SARAH CORFIELD ELECTRIC LTD COTTON INC CRAGO,LINDA CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CROOKS,CAMERON CUPE LOCAL 133 D K TECHNICAL SERVICES INC DAN SIMPSON HOLDINGS LTD DARCH FIRE DATA FIX DATA GROUP OF COMPANIES - THE DAVIDSON ENVIRONMENTAL DESIGN ELECTRONICS DESORMEAUX,LARRY DICAN DIGITAL INSTRUMENTS CANADA INC DICAN DIGITAL INSTRUMENTS CANADA INC DIODATI,JIM DOMSON ENGINEERING & INSPECTION LTD DROLLIS SAFETY SUPPLY CO LTD DULUX PAINTS ECO SOLUTIONS (MILTON) INC ECO SOLUTIONS (MILTON) INC EDA COLLABORATIVE INC ELECTROMEGA LTD ELLIS ENGINEERING INC Cheque No. Cheque Date Purpose Amount 361830 13- Feb -2013 CONTRACT SERVICES 1,105.91 361677 06- Feb -2013 MAINTENANCE /REPAIRS 1,661.91 361678 06- Feb -2013 MATERIALS 45,265.79 361833 13- Feb -2013 MATERIALS 30,185.59 361987 20- Feb -2013 MATERIALS 15,253.52 361987 20- Feb -2013 MATERIALS 37,577.70 361671 06- Feb -2013 TRAVEL/MILEAGE 128.94 361672 06- Feb -2013 MATERIALS 3,083.66 361674 06- Feb -2013 SERVICES 22.64 361831 13- Feb -2013 SERVICES 8.82 361986 20- Feb -2013 SERVICES 12.93 361679 06- Feb -2013 MATERIALS 4,268.27 361988 20- Feb -2013 MATERIALS 558.38 361834 13- Feb -2013 MATERIALS 89.36 361989 20- Feb -2013 MATERIALS 319.86 361990 20- Feb -2013 MATERIALS 283.07 361991 20- Feb -2013 MATERIALS 27,594.60 361681 06- Feb -2013 SERVICES 461.04 361835 13- Feb -2013 SERVICES 423.75 361836 13- Feb -2013 MATERIALS 190.69 361837 13- Feb -2013 MATERIALS 550.00 361682 06- Feb -2013 MATERIALS 1,138.84 361992 20- Feb -2013 MATERIALS 3,268.21 361683 06- Feb -2013 CONTRACT SERVICES 1,704.04 361838 13- Feb -2013 TRAINING 11,281.92 361684 06- Feb -2013 SERVICES 3,333.50 361839 13- Feb -2013 MATERIALS 75.00 361685 06- Feb -2013 MATERIALS 4,020.10 361993 20- Feb -2013 MATERIALS 19.39 361686 06- Feb -2013 MATERIALS 150.00 361840 13- Feb -2013 HONORARIUM 250.00 361841 13- Feb -2013 MATERIALS 2,569.68 361994 20- Feb -2013 MATERIALS 1,352.52 361842 13- Feb -2013 CONTRACT SERVICES 368,971.00 361843 13- Feb -2013 MATERIALS 207,012.61 361995 20- Feb -2013 CONTRACT SERVICES 350,024.55 361687 06- Feb -2013 VOLUNTEER RECOGNITION HALL DI 500.00 361844 13- Feb -2013 VEH ID# 536 435.49 361996 20- Feb -2013 VEH ID# 536 302.07 361688 06- Feb -2013 MATERIALS 689.30 361845 13 -Feb -2013 SERVICES 430.53 361997 20- Feb -2013 SERVICES 22,299.65 361689 06- Feb -2013 SERVICES 847.50 361846 13- Feb -2013 MATERIALS 417.49 361690 06- Feb -2013 CONTRACT SERVICES 22,927.93 361998 20- Feb -2013 CONTRACT SERVICES 23,451.31 361999 20- Feb -2013 MATERIALS 637.32 361691 06- Feb -2013 TRAINING 398.08 362000 20- Feb -2013 CONTRACT SERVICES 875.75 362001 20- Feb -2013 LEASES AND RENTS 486.96 361692 06- Feb -2013 MATERIALS 25.00 361693 06- Feb -2013 SERVICES 275.00 362002 20- Feb -2013 SERVICES 2,481.00 362004 20- Feb -2013 MATERIALS 80.00 361848 13 -Feb -2013 PAYROLL REMITTANCE 7,821.30 362013 20- Feb -2013 MATERIALS 750.09 362006 20- Feb -2013 MATERIALS 461.48 361849 13- Feb -2013 VEH ID# 596 145.26 362008 20- Feb -2013 SERVICES 2,825.00 362007 20- Feb -2013 MATERIALS 4,574.43 362009 20- Feb -2013 MATERIALS 110.74 362010 20- Feb -2013 CONTRACT SERVICES 837.78 362011 20- Feb -2013 MATERIALS 85.00 361850 13- Feb -2013 MATERIALS 1,310.80 362012 20- Feb -2013 MATERIALS 1,960.55 361851 13- Feb -2013 TRAVEL/MILEAGE 86.03 361852 13- Feb -2013 VEH ID# 533 3,220.50 361853 13- Feb -2013 MATERIALS 2,894.15 361854 13- Feb -2013 MATERIALS 42.14 361694 06- Feb -2013 MATERIALS 3,858.95 362014 20- Feb -2013 MATERIALS 2,740.25 361695 06- Feb -2013 MATERIALS 5,650.00 361856 13- Feb -2013 MATERIALS 1,977.50 361857 13- Feb -2013 SERVICES 26,036.29 Page 3 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE EVANOFF,VICTOR EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FEREN SIGNS & AWNINGS LTD FERRY,LENNY FIRE SAFETY CANADA FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED GALES GAS BARS GIRARDI,CHRISTINE GIURA BROTHERS GLENTEL WIRELESS CENTRE GLOBALSTAR CANADA SATELLITE CO GOLDEN GRIDDLE FAMILY RESTAURANTS GRAND & TOY GRAND & TOY GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT NORTHERN BATTERY SYSTEMS GREATER FORT ERIE CHAMBER OF COMMERCE GRIFFIN LANDSCAPING GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED H & R MACHINE H D SUPPLY POWER SOLUTIONS NALCO MOBILE MFG SALES & SERVICE INC HALLEX ENGINEERING LTD HEYKOOP,RUTH HICKS MORLEY HAMILTON STEWART STORIE LLP HILL BOLES LTD HILL BOLES LTD HOLMAN,GEOFF HOLMAN,GEOFF HUNTER,JIM IBI GROUP INNOVATIVE SURFACE SOLUTIONS CANADA INTERFLEET INC IORFIDA,DEAN J & B PROCESS SERVING INC J & B PROCESS SERVING INC JANSSEN,KYLE JR B CANUCKS JR B CANUCKS JR B CANUCKS KEALEY & ASSOCIATES INC. KEN WARDEN CONSTRUCTION LTD KLENZOID KRAWCZYK CONSTRUCTION MAINTENANCE KRITER,ROB KRONSTEIN,MARK KUIPERS,JANET L ST AMAND ENTERPRISES LAFARGE CANADA INC LAFARGE CANADA INC LAKE'S MAINTENANCE LEEDS TRANSIT Cheque No. Cheque Date Purpose Amount 361649 31- Jan -2013 MATERIALS 2,951.34 361696 06- Feb -2013 MATERIALS 267.81 361858 13- Feb -2013 MATERIALS 1,424.93 362015 20- Feb -2013 MATERIALS 2,622.73 362016 20- Feb -2013 REMITTANCE 92,211.56 361697 06- Feb -2013 UTILITIES 15,805.53 361859 13- Feb -2013 UTILITIES 8,839.21 362017 20- Feb -2013 UTILITIES 11,042.69 361860 13- Feb -2013 TRAVEUMILEAGE 130.00 361650 31- Jan -2013 SERVICES 259.90 362018 20- Feb -2013 SERVICES 124.30 361861 13- Feb -2013 MATERIALS 194.16 361698 06- Feb -2013 MATERIALS 344.77 362020 20- Feb -2013 MATERIALS 389.35 361700 06- Feb -2013 MATERIALS 264.42 361701 06- Feb -2013 TRAVEUMILEAGE 122.20 361702 06- Feb -2013 MATERIALS 949.35 361703 06- Feb -2013 MATERIALS 2,113.47 362022 20- Feb -2013 MATERIALS 5,852.13 361704 06- Feb -2013 TRAVEUMILEAGE 65.00 362023 20- Feb -2013 REMITTANCE 4,378.00 362024 20- Feb -2013 FUEL 350.96 361705 06- Feb -2013 TRAVEUMILEAGE 21.64 361706 06- Feb -2013 MATERIALS 435.05 361862 13- Feb -2013 MATERIALS 2,861.61 361863 13- Feb -2013 SERVICES 139.89 362025 20- Feb -2013 MATERIALS 200.00 361707 06 -Feb -2013 MATERIALS 365.64 361864 13- Feb -2013 MATERIALS 52.18 361708 06- Feb -2013 MATERIALS 874.23 361865 13- Feb -2013 MATERIALS 488.86 362026 20- Feb -2013 MATERIALS 190.46 361709 06- Feb -2013 MATERIALS 1,046.02 361866 13- Feb -2013 MATERIALS 4,520.00 362027 20- Feb -2013 MATERIALS 610.20 361710 06- Feb -2013 CONTRACT SERVICES 11,368.88 361711 06- Feb -2013 CONTRACT SERVICES 35,725.81 361867 13- Feb -2013 CONTRACT SERVICES 21,898.34 361712 06- Feb -2013 MATERIALS 1,751.14 361868 13- Feb -2013 MATERIALS 529.38 362028 20- Feb -2013 MATERIALS 903.47 362030 20- Feb -2013 MATERIALS 950.33 361870 13- Feb -2013 MATERIALS 694.95 361869 13- Feb -2013 LEASES AND RENTS 621.50 361713 06- Feb -2013 SERVICES 5,503.67 361714 06- Feb -2013 HONORARIUM 30.00 361715 06- Feb -2013 SERVICES 387.59 361716 06- Feb -2013 MATERIALS 244.22 362029 20- Feb -2013 MATERIALS 338.06 361717 06- Feb -2013 TRAVEUMILEAGE 108.16 361871 13- Feb -2013 MATERIALS 146.89 361872 13- Feb -2013 MATERIALS 150.00 361718 06- Feb -2013 HONORARIUM 5,650.00 361719 06- Feb -2013 MATERIALS 5,513.27 362031 20- Feb -2013 SERVICES 4,006.95 361720 06- Feb -2013 TRAVEUMILEAGE 1,243.20 361722 06- Feb -2013 SERVICES 39.55 361875 13- Feb -2013 SERVICES 39.55 361874 13- Feb -2013 MATERIALS 150.00 361723 06- Feb -2013 TICKET REVENUE - CLEARING 1,626.00 361876 13- Feb -2013 TICKET REVENUE - CLEARING 442.00 362032 20- Feb -2013 TICKET REVENUE - CLEARING 2,074.00 361877 13- Feb -2013 SERVICES 5,650.00 362033 20- Feb -2013 CONTRACT SERVICES 3,354.97 362034 20- Feb -2013 MATERIALS 789.79 361724 06- Feb -2013 MATERIALS 1,559.40 361725 06- Feb -2013 REFUND 150.00 361879 13- Feb -2013 TRAVEL /MILEAGE 160.00 361727 06- Feb -2013 TRAVEL/MILEAGE 68.64 361884 13- Feb -2013 MATERIALS 1,408.49 361728 06- Feb -2013 MATERIALS 13,566.27 362035 20- Feb -2013 MATERIALS 9,365.35 361880 13- Feb -2013 CONTRACT SERVICES 662.75 361729 06- Feb -2013 MATERIALS 222.72 Page 4 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name LIGHTNING EQUIPMENT SALES INC LINCOLN APPLIANCE SERVICE CENTRE INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC M & L SUPPLY FIRE AND SAFETY M & L SUPPLY FIRE AND SAFETY MACLEAN, DAVE MACWHIRTER,RICK MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MCCONNELL,LUCILLE MCDONALD DANIEL J IN TRUST MCDONALD DANIEL J IN TRUST MCGEE MARKING DEVICES MCMILLAN LLP IN TRUST MCNAMARA,SUSAN MEDICAL MART SUPPLIES LIMITED MEGA -LAB MANUFACTURING CO. LTD METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING METRO PLUMBING & HEATING MEYER,CHRISTEL MG PROMOTIONS MICK & ANGELO'S PREHISTORIC'S OLDTIMER'S HOCKEY PROGR MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MOROCCO, JOHN MR QUICK CAR WASH MULLER PROPERTIES INC MULLER'S WORKWEAR MULLER'S WORKWEAR MUNDY,PAM NBFSPQ NEDERMAN CANADA LIMITED NEDERMAN CANADA LIMITED NEWNUT FOODS O/A TIM HORTONS NIAGARA ANALYTICAL LABORATORIES INC NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CHRYSLER DODGE JEEP NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA ECONOMIC DEVELOPMENT CORPORATION NIAGARA FALLS FESTIVAL OF LIGHTS PEE WEE TOURNAMENT NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PROTECTIVE COATINGS NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY 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'S OWN LANDSCAPING INC Cheque No. 361882 361731 361732 361883 362037 361742 361897 362038 361733 361885 362039 361886 361734 361887 361888 361889 361890 362040 361735 361736 361892 362041 361893 362042 361894 361737 361738 361739 361740 361895 361741 361896 361898 362045 361900 361743 361899 361901 US DRAFT 361744 362046 361745 361746 362047 361902 362048 362049 361903 361747 362050 361748 361904 362051 362052 361906 361749 361907 361961 362053 362099 361908 361909 362054 361767 361921 362065 WIRE WIRE WIRE WIRE WIRE 361750 361910 361905 Cheque Date 13- Feb -2013 06- Feb -2013 06- Feb -2013 13- Feb -2013 20- Feb -2013 06- Feb -2013 13- Feb -2013 20- Feb -2013 06- Feb -2013 13- Feb -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 13 -Feb -2013 13- Feb -2013 13- Feb -2013 13- Feb -2013 20- Feb -2013 06- Feb -2013 06- Feb -2013 13- Feb -2013 20- Feb -2013 13- Feb -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 06- Feb -2013 06- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 13- Feb -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 13- Feb -2013 30- Jan -2013 06- Feb -2013 20- Feb -2013 06- Feb -2013 06- Feb -2013 20- Feb -2013 13- Feb -2013 20- Feb -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 20- Feb -2013 06- Feb -2013 13- Feb -2013 20- Feb -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 15- Feb -2013 20- Feb -2013 20- Feb -2013 13- Feb -2013 13- Feb -2013 20- Feb -2013 06- Feb -2013 13- Feb -2013 20- Feb -2013 12- Feb -2013 15- Feb -2013 1- Feb -2013 31- Jan -2013 5- Feb -2013 06- Feb -2013 13- Feb -2013 13- Feb -2013 Purpose VEH ID# -594 MATERIALS FUEL FUEL FUEL MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE MATERIALS ADVERTISING PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE TRAINING PAYROLL REMITTANCE TRAVEUMILEAGE CONTRACT SERVICES LEASES AND RENTS MATERIALS MATERIALS HONORARIUM CERTIFICATIONS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS VEH ID# -138 VEH ID# -650 MATERIALS VEH ID# -565 MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE SERVICES UTILITIES MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERVICES MATERIALS SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS & SERVICES -WEGO DEBT 97 -2010 DEBT 83 -2011 & DEC LEACHATE CR DECEMBER WATER DEBT 67 -2009 CONTRACT SERVICES MATERIALS CONTRACT SERVICES Amount 5,274.39 402.28 30,686.76 13,453.05 42, 591.54 1,299.92 732.64 150.00 150.00 3,154.40 1,836.14 170.00 36,000.00 834.19 46.87 37, 500.00 80.00 12.42 768.40 4,423.86 5,926.37 1,433.23 7,580.29 3,286.57 20.00 192.95 265.00 5,463.82 89,414.99 368.41 520.00 1,082.32 128.44 164.98 1,139.04 1,381.60 512.29 150.00 330.00 458.78 1,271.25 182.49 867.84 1,734.48 3,524.20 1,273.04 259.90 164.42 73.45 129.95 2,900.00 6,892.80 248.60 123.40 373,987.24 5,475.95 7,076.56 22,002.33 60,695.81 5,473.90 215.60 26, 071.85 4,600.59 6,984.67 2,050.47 1,117.32 130, 829.52 542,059.99 26,447.67 1, 856, 650.96 44,297.75 50.00 50.00 2,135.70 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 5 of 6 Vendor Name NICKS TRUCK PARTS INC. NORJOHN CONTRACTING & PAVING LTD NOVAJET O'HARA TRUCKING & EXCAVATING OHNIAKARA SINGERS OIL FILTRATION SPECIALISTS INC OMERS OMERS OMERS ON SCENE RESCUE TRAINING ONTARIO INFRASTRUCTURE AND LANDS CORPORATION PARTS SOURCE PAUL N. KROWCHUK IN TRUST PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PETERS EXCAVATING INC PIETRANGELO,STEVE PINNACLE PORTER,GAIL POTTHAST,FRED PRAXAIR PRAXAIR PRINTING HOUSE LTD PRINTING HOUSE LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PURE WATER PURE WATER PUROLATOR COURIER QUALITY READY MIX DIVISION OF LAFARGE CANADA INC R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R W HAMILTON LTD R W HAMILTON LTD R.J. MCCARTHY LIMITED PARTNERSHIP RACO AUTO SUPPLY LTD RANKIN CONSTRUCTION INC REALTAX INC RECEIVER GENERAL RECEIVER GENERAL ROGERS WIRELESS INC SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SCHACHOWSKOJ,KENT SCOTT CONSTRUCTION NIAGARA INC SCOTT,CHRIS SENECA COLLEGE SERVICEMASTER CLEAN OF NIAGARA SETON SETON SETON SHEEHAN'S TRUCK CENTRE INC SHORTHILLS TREE SERVICE INC SHRED IT INTERNATIONAL INC SIEGE SOCIAL SIGNATURE SIGNS SIX PAYMENT SERVICES (USA) CORP SNAP NIAGARA FALLS SPIRAL OF CANADA INC, ST CATHARINES FREIGHTLINER TRUCK & TRACTOR ST CATHARINES FREIGHTLINER TRUCK & TRACTOR ST. CATHARINES BUSINESS MACHINES STAMFORD HOME HARDWARE STAMFORD KIWANIS MUSIC FESTIVAL STEPHEN & DEBORA HINKS STITCH IT CANADA'S TAILOR STORAGE NIAGARA 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 361751 06- Feb -2013 361911 13- Feb -2013 362055 20- Feb -2013 362056 20- Feb -2013 362057 20- Feb -2013 361753 06- Feb -2013 361754 06- Feb -2013 361755 06- Feb -2013 361756 06- Feb -2013 361912 13- Feb -2013 362058 20- Feb -2013 361913 13- Feb -2013 361726 06- Feb -2013 361757 06- Feb -2013 362059 20- Feb -2013 361915 13- Feb -2013 361916 13- Feb -2013 361758 06- Feb -2013 361759 06- Feb -2013 361760 06- Feb -2013 361761 06- Feb -2013 361917 13- Feb -2013 362060 20- Feb -2013 361762 06- Feb -2013 361918 13- Feb -2013 361919 13- Feb -2013 361763 06- Feb -2013 362061 20- Feb -2013 361764 06- Feb -2013 362062 20- Feb -2013 361768 06- Feb -2013 361922 13- Feb -2013 361769 06- Feb -2013 361923 13- Feb -2013 362066 20 -Feb -2013 361765 06- Feb -2013 362063 20- Feb -2013 362064 20 -Feb -2013 361766 06- Feb -2013 361920 13- Feb -2013 362067 20- Feb -2013 361770 06- Feb -2013 361924 13- Feb -2013 361771 06- Feb -2013 361925 13- Feb -2013 361772 06- Feb -2013 361927 13- Feb -2013 362068 20- Feb -2013 361773 06- Feb -2013 362069 20- Feb -2013 361774 06- Feb -2013 361928 13- Feb -2013 362070 20- Feb -2013 362071 20- Feb -2013 361929 13- Feb -2013 362072 20- Feb -2013 362073 20- Feb -2013 361930 13- Feb -2013 362074 20- Feb -2013 362075 20- Feb -2013 361931 13- Feb -2013 361775 06- Feb -2013 362076 20- Feb -2013 362077 20 -Feb -2013 361932 13- Feb -2013 361933 13- Feb -2013 US DRAFT 30- Jan -2013 361776 06- Feb -2013 362078 20- Feb -2013 WIRE 1- Feb -2013 362080 20- Feb -2013 361777 06- Feb -2013 361934 13- Feb -2013 361935 13- Feb -2013 Purpose MATERIALS CONTRACT SERVICES VEH ID# -404 CONTRACT SERVICES HONORARIUM MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND MATERIALS TRAVEL /MILEAGE REFUND MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS STORES /INVENTORY CONTRACT SERVICES SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE SERVICES CONTRACT SERVICES -PC 3 CWO 1 CONTRACT SERVICES MATERIALS MATERIALS TRAVEL /MILEAGE MATERIALS REFUND TRAINING CONTRACT SERVICES MATERIALS MATERIALS MATERIALS VEH ID# -419 MATERIALS MATERIALS MATERIALS MATERIALS SERVICES ADVERTISING MATERIALS STORES /INVENTORY VEH ID# -682 MATERIALS MATERIALS DONATION MATERIALS MATERIALS MATERIALS FEB PREMIUMS REMITTANCE FUEL FUEL VEH ID#- VARIOUS Amount 50.10 12,729.46 932.08 17,614.93 300.00 775.63 815,281.81 44,848.28 390.65 1,000.00 2,512.01 85.90 1,197.91 50.85 50.85 283.91 280,153.13 105.64 566.18 57.20 150.00 48.99 694.46 144.08 744.67 117,586.91 40.00 30.00 24.35 2,034.00 2,401.25 446.35 374.04 67.63 262.65 839.77 3,873.02 406.80 780.99 482,089.83 1,515.93 30,155.24 25,995.37 1,120.58 2,766.08 29.30 1,220.23 146.89 50.00 4,903.44 429.91 238.60 732.36 72.60 2,983.20 101.09 194.16 339.00 100.00 333.35 355.31 701.62 4,859.00 133.06 84.18 100.00 37.00 273.11 384.20 325, 298.52 694.41 31,935.77 35,256.71 (387.07) Page 6 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR LAUNDRY SERVICE LTD. SUPERIOR LAUNDRY SERVICE LTD. TALK WIRELESS INC TALK WIRELESS INC TELUS COMMUNICATIONS COMPANY TES INFORMATION TECHNOLOGIES THE TEMA CONTER MEMORIAL TRUST TOOLBOX TORBRAM ELECTRIC SUPPLY TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TOROMONT TOTH,STEVE TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSFORM - THE INSIDE OUTFITTERS TRENCHLESS UTILITY EQUIPMENT INC ULINE CANADA CORPORATION UNISAN UPPER CANADA CONSULTANTS UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC VANCOR SUPPLY VAPOR BUS INTERNATIONAL VECTOR TOOLING VERTICAL START -UP COMMISSIONING VIKING CIVES LTD VIKING LIVES LTD WAJAX EQUIPMENT WAJAX POWER SYSTEMS WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WASTE MANAGEMENT WATERS,RON WELDDARE METAL WORKS LTD WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WILSON,DAN WINGER,TERRI WOLSELEY WATERWORKS GROUP WORK AUTHORITY WORK EQUIPMENT LTD WSIB WSIB WSIB WSIB WTH CAR RENTAL ULC WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YMCA YMCA ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAP HOSPITALITY MANAGEMENT LTD ZEP SALES & SERVICE OF CANADA Cheque No. 361935 362079 361779 362081 361780 361936 361781 361937 361782 361783 361938 361784 361785 361939 361786 361940 362082 361941 361787 361942 362083 362084 361788 362086 361943 362087 361944 361789 US DRAFT 362088 361945 361790 361946 361947 361948 361950 362090 361791 361949 362089 362091 362092 361792 361951 361793 361952 361794 362093 361953 361795 361954 361796 362094 361797 361798 361955 362095 361956 361957 361799 361958 361800 361959 361801 362096 362097 361960 Cheque Date 13- Feb -2013 20- Feb -2013 06- Feb -2013 20- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 06 -Feb -2013 13- Feb -2013 06- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 20 -Feb -2013 20- Feb -2013 06- Feb -2013 20- Feb -2013 13- Feb -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 30- Jan -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 13- Feb -2013 13- Feb -2013 13- Feb -2013 20- Feb -2013 06- Feb -2013 13- Feb -2013 20- Feb -2013 20- Feb -2013 20- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 20- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 20- Feb -2013 06- Feb -2013 06 -Feb -2013 13- Feb -2013 20- Feb -2013 13- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 13- Feb -2013 06- Feb -2013 20- Feb -2013 20- Feb -2013 13- Feb -2013 Purpose FUEL FUEL MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS TRAINING MATERIALS MATERIALS MATERIALS MATERIALS VEH ID# -571 VEH ID# -572 TRAVEUMILEAGE STORES /INVENTORY STORES /INVENTORY MATERIALS MATERIALS MATERIALS STORES /INVENTORY CONTRACT SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS VEH ID# -680 MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES TRAINING MATERIALS MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY MATERIALS REFUND MATERIALS STORES /INVENTORY MATERIALS VEH ID# -297 MATERIALS PAYROLL REMITTANCE MATERIALS MATERIALS REFUND PETTY CASH MATERIALS SERVICES MATERIALS MATERIALS MATERIALS VEH ID# -914 MATERIALS MATERIALS Amount 1,312.25 48, 823.15 46.33 628.32 72.89 72.89 58.22 927.78 1,670.59 11, 695.50 100.00 731.44 41.05 41.05 484.99 717.78 8,304.03 89.96 346.31 12.88 381.94 409.63 560.46 1,091.99 6,144.15 32.52 28.25 371.88 166.56 113.00 4,972.00 408.68 303.48 638.59 349.66 215.43 330.75 7,105.75 6,386.34 1,218.39 79.82 50.00 2,282.60 548.05 220.49 404.02 320.69 533.18 135.60 65.00 1,288.20 418.92 1,476.29 5,772.57 1,261.00 4,514.81 27,388.91 95.00 823.22 1,517.59 172.67 1,740.95 1,327.20 511.62 843.21 463.70 321.23 Total 7,682,399.01 F- 2013 -18 Nia ara ails March 26, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance SUBJECT: F- 2013 -18 Annual Statement of Remuneration and Expenses RECOMMENDATION For the information of the Municipal Council. EXECUTIVE SUMMARY Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation. ANALYSIS The attached statement of remuneration and expenses for the year ending December 31, 2012 has been prepared pursuant to sections 283 and 284 fo the Municipal Act, 2001, and authorized for payment under By -law #99 -22, By -law #2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2012 is provided below: Remuneration Benefits Expenses Total City Council $245,746.54 $63,248.19 $33,030.68 $342,025.41 Committee of Adjustment $3,250.00 0.00 $1,623.92 $4,873.92 Niagara Falls Hydro Holding Corporation Board $43,200.00 0.00 $3,750.00 $46,950.00 Committees & Commissions $0.00 0.00 $0 $0 March 26, 2013 - 2 - F- 2013 -18 LIST OF ATTACHMENTS 2012 Statement of Remuneration and Expenses - Niagara Falls City Council 2012 Statement of Remuneration and Expenses - Committee of Adjustment; Niagara Falls Hydro Holding Corporation Board Recommended by: Respectfully submitted: T. Luey Todd Harrison, Directgr of Finance n Todd, Chief Administrative Officer March 26, 2013 - 3 - 2012 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL F- 2013 -18 Council Member Remuneration Benefits Travel Other Expenses* Expense Allowance Total Diodati, J. 83,259.02 16,840.38 14,157.96 4,190.75 0.00 118,448.11 Gates, W. 20,310.94 3,959.89 0.00 0.00 0.00 24,270.83 loannoni, C. 20,310.94 7,127.89 0.00 2,999.01 39.55 30,477.39 Kerrio, V. 20,310.94 1,880.57 0.00 639.39 0.00 22,830.90 Maves, B. 20,310.94 6,544.31 500.50 1,090.26 0.00 28,446.01 Morocco, J. 20,310.94 7,127.89 1,874.79 2,521.03 79.10 31,913.75 Pietrangelo, V. 20,310.94 7,127.89 0.00 2,685.57 180.00 30,304.40 Thomson, W. 20,310.94 5,511.48 0.00 1,232.89 150.00 27,205.31 Wing, J. 20,310.94 7,127.89 0.00 689.88 0.00 28,128.71 TOTAL $245,746.54 $63,248.19 $16,533.25 $16,048.78 $448.65 $342,025.41 * includes internet & cell phone expense March 26, 2013 - 4 - 2012 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT F- 2013 -18 Member Remuneration Expenses Total Antonio, C. 670.00 271.44 941.44 Cahill, M. 720.00 137.28 857.28 Campigotto, P. 360.00 118.56 478.56 Collinson, J. 720.00 221.00 941.11 Prata, G. 120.00 0.00 120.00 Stranges, L. 660.00 875.64 1,535.64 Total $3,250.00 $1,623.92 $4,873.92 NIAGARA FALLS HYDRO HOLDING CORPORATION BOARD (only members of City Council are listed) Member Remuneration Expenses Total Diodati, J. 4,800.00 0.00 4,800.00 Gates, W. 4,800.00 0.00 4,800.00 loannoni, C. 4,800.00 2,750.00 7,550.00 Kerrio, V. 4,800.00 0.00 4,800.00 Mayes, B. 4,800.00 0.00 4,800.00 Morocco, J. 4,800.00 0.00 4,800.00 Pietrangelo, V. 4,800.00 0.00 4,800.00 Thomson, W. 4,800.00 1,000.00 5,800.00 Wing, J. 4,800.00 0.00 4,800.00 Total $43,200.00 $3,750.00 $46,950.00 FS- 2013 -02 NiagaraFalls March 26, 2013 REPORT TO: His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Fire Department SUBJECT: FS- 2013 -02 Radio System Maintenance Agreement RECOMMENDATION 1. That Council authorize Staff to designate Glentel Inc. (Glentel) as the preferred proponent for the maintenance of the Niagara Falls Fire Department radio system. 2. That the Mayor and Clerk be authorized to execute the contract. EXECUTIVE SUMMARY The current Niagara Falls Fire Department radio system has been operational since June 2010. The original contract executed with Glentel included a three (3) year maintenance agreement for all of the infrastructure associated with the radio system. The maintenance agreement expires in June 2013 and the Niagara Falls Fire Department requires a new agreement to ensure the maintenance and operation of the radio system equipment and infrastructure. Glentel has provided the Niagara Falls Fire Department with a proposal for a new maintenance agreement commencing June 2013 and expiring June 2018. BACKGROUND Radio system maintenance is a routine and essential component of ensuring a reliable emergency radio system. Maintenance includes preventative and monitoring functions required by a complex, high functioning radio communications tool. It also includes emergency repairs and parts supply to minimize communications failures and down time. Our current radio system was installed and serviced by Glentel and the original warranty work has been conducted by them for the past three (3) years. Glentel has the expertise, experience and specific detailed knowledge and understanding of our system. ANALYSIS /RATIONALE The current radio system is a Motorola Astro digital P25 digital system with analog paging capabilities. The radio system was custom designed by Glentel to meet the specific and unique emergency response requirements of the Niagara Falls Fire Department. Motorola requires that all maintenance and /or upgrade work performed on their equipment be performed by technicians that have received and maintain certification as a Motorola Premium Service Provider. Glentel is the only local company that has received the required certification and is able to respond to the Niagara Falls Fire Department within 30 minutes in the event of a system failure. In addition, Glentel has been the sole March 26, 2013 - 2 - FS- 2013 -02 maintenance provider to the Niagara Falls Fire Department since the inception of the new radio system and as a result has institutional knowledge regarding the radio system infrastructure. FINANCIAL IMPLICATIONS Funding for this project will be assigned to the Fire Communications Operating Budget. Each year of the five (5) year agreement will represent a graduated annual cost. The maintenance agreement costs were not available at the time of budget submissions and will be derived from submitted projections included in the 2013 budget proposal. CITY'S STRATEGIC COMMITMENT This project supports critical communications during emergency responses and meets the needs for a healthy and safe community. LIST OF ATTACHMENTS 1. Glentel Maintenance Agreement Recommended by: Respectfully submitted: L. Smith:tc Lee Smith, Fire Chief en Todd, Chief Administrative Officer ATTACHMENT #1 CARE SUPPORT PLAN CONTRACT THIS AGREEMENT made as of the day of , 20_ BETWEEN: The Corporation of the City of Niagara Falls — Fire Services, a company having an office at 5809 Morrison St., Niagara Falls ON, L2E 2E8 ("Customer ") AND: GLENTEL INC., a company having an office at 244 South Service Rd, Stoney Creek ON L8E 2N8 ("Glentel ") WHEREAS Customer wishes to engage the services of Glentel and Glentel has agreed to provide such services as set out in Schedule "A "; NOW THEREFORE Customer and Glentel, in consideration of their mutual duties and responsibilities to one another as set forth in this Contract, covenant and agree as follows: 1. INTERPRETATION 1.1 Definitions In this Contract unless something in the subject matter or context is inconsistent therewith, the capitalized terms herein will have the meanings set out below: (a) "24"7x365" means Glentel shall provide Services to the Customer outside of Normal Business Hours, including weekends and statutory holidays; (b) --Contract " means this agreement including the Schedules to this agreement as amended from time to time with the written approval of the parties; (c) "Demand Services Rates" shall have the meaning set forth in section 3.7 below and the rate described in Schedule '`C "; (d) °End of Life' or "EOL" means when Equipment is no longer supported by the manufacturers; (e) "Equipment" means any and all equipment including but not limited to radios, antennas, batteries, speakers, microphones, side covers, belt clips, and other items listed herein and provided to Glentel for maintenance and repair purposes; (f) "Equipment Ship -In Form" means the form described in Schedule "G "; (g) "Force Majeure" shall have the meaning set forth in section 16.6 below; (h) "Glentel Call Process" is set forth in Schedule "C "; (i) "Glentel Intellectual Property" means any patent, patent application, copyright, copyright application, trade -mark or trade- mark application or any other intellectual property instrument, trade secret, know -how or technology proprietary to Glentel; (j) "Mean Time 10 Arrive" or'`MTTA" means the average time for a Glentel technician to arrive at the Customer's location (travel time is not included); (k) "Mean Time to Repair" or "MTTR" means the average time to repair a problem and restore full service; (1) -`Mean Time to Respond" or "MTR" means the average call back time from Glentel when the Customer places a Service call; (m) "Monthly Fee" shall have the meaning set out in Schedule -C 2 (n) (o) (p) (q) (r) "Term" means the term of this Contract as set out in section 2.1 below and any extension provided for pursuant to this Contract. "Normal Business Hours" means business hours between 08:00 and 16:30 at the local Glentel Service centre from Monday to Friday. It does not include weekends or statutory holidays; "Person" means any individual, corporation, limited- liability company, partnership, firm, joint venture, association, trust, or other entity or organization, including a government or an agency or instrumentality thereof; "Services" means the labour, materials, responsibilities, functions, duties and obligations of Glentel including repair, parts and preventative maintenance as specified by the Equipment manufacturer to be supplied or performed as set forth in this Contract; "Service Level Agreement" is set forth in Schedule "B "; 1.2 Currency All transactions referred to in this Contract are in lawful currency of Canada. 1.3 Schedules The following attached schedules are incorporated in this Contract and are deemed to be part of this Contract and any reference to this Contract shall mean this Contract including such schedules. Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Description of Services Service Level Agreement Payment Terms Price Catalogue Glentel Call Process Sample Equipment Ship -In Form 2. TERM OF CONTRACT 2.1 Term Glentel will provide the Services during the period July 1, 2013 (the "Commencement Date ") to June 30, 2018 (the "Term "). 2.2 Renewal Upon completion of the Term, this Contract shall he automatically renewed for an additional equivalent Term, unless either party terminates the Contract pursuant to the provisions herein. 3. SERVICES PROVIDED 3.1 Services Glentel shall provide and perform the Services described in Schedule 'A" in accordance with this Contract. 3.2 Supply all Labour and Materials Glentel shall supply and pay for all supervision, labour, materials, tools, service facilities, test equipment, supplies and approvals necessary or advisable to perform its obligations under this Contract. 3.3 Service Standards and Service Level Agreement Glentel shall provide the Services in accordance with the Service Level Agreement described in Schedule "B ". 3.4 Personnel Glentel shall ensure all persons who perform the Services are competent to perform them, meet all professional qualifications, and are properly trained, instructed and supervised. Glentel Inc. Reliable Care Support Plan Page 2 Initials: The Corporations of the City of Niagara Falls — Fire Services 3 3.5 Facilities and Equipment Maintenance Glentel will provide a service maintenance facility, with appropriately trained service technicians. 3.6 Changes in Services or Addition or Removal of Equipment Customer shall, by giving written notice to Glentel, be entitled to order changes in and additions or deletions from the Services without invalidating this Contract. If Glentel is of the opinion that such changes involve performing or providing services for which Glentel is not being compensated pursuant to section 4.1 or Schedule "A ", then it shall so advise Customer in writing and shall not proceed with any such additional work until it has received written authorization from Customer to complete the additional work for additional fees. The Customer may add or remove Equipment for service in compliance with this Contract. 3.7 Demand Services The repair and maintenance of Equipment will be performed by Glentel, following reasonable notice, at the rates listed in Schedule "C" to this Contract. Services demanded without reasonable notice, to be performed on abused or neglected Equipment not under the control of Glentel, shall be performed at the demand Services hourly rate as listed in Schedule "D" (the "Demand Services Rates ") plus parts and applicable taxes. 3.8 Preventative Maintenance Glentel will adhere to the Equipment manufacturer's preventative maintenance schedule. Glentel shall measure and record the operating parameters of all Equipment as required in a mutually agreeable test sheet. Glentel shall correct any conditions that do not meet such specifications. The results of tests shall be delivered to Customer within thirty (30) days of completion. 3.9 General Services provided under this Contract are only applicable to the Equipment listed in Schedule "A" of this Contract or that are mutually agreed to be added by both parties after the Commencement Date pursuant to section 3.6, 5.1 or Schedule "A ". Prior to the Commencement Date of this Contract, an examination of all existing Customer Equipment is to be completed by Glentel and brought up to manufacturer's specifications. Repairs or parts required to bring the Equipment up to manufacturer's specifications prior to Commencement Date will be charged to Customer at the Demand Service Rates. 4. TERMS OF PAYMENT 4.1 Payment for Services Customer will pay Glentel, in full payment and reimbursement for providing the Services, the Monthly Fees and Demand Service Rates, and other fees and expenses set out in Schedule `C and D" and Glentel hereby accepts the same as payment in toll for all Services provided by Glentel. 4.2 Invoices Payments will be made following receipt of Glentel's monthly itemized account or for such other periods as may be mutually agreed. Payment by Customer will be made by cheque mailed to Glentel's address as indicated in this Contract. Fees for Demand Services Rates shall be paid within thirty (30) days or as mutually agreed upon. 4.3 Fee Increase Sixty (60) days prior to the annual anniversary of the Commencement Date of the Term, Glentel will meet with the customer and will mutually agree on the amount of the fee increase. The maximum amount of the increase shall not exceed the addition or removal of equipment, plus the total CPI value as stipulated by the Government of Canada. 5. CONDITIONS OF SERVICE 5.1 Responsibilities of the Customer Customer agrees to the following conditions of Service: (a) Customer shall put all of their Equipment under Glentel's Services; (b) The fees for new Equipment added after the Commencement Date will be pro - rated, subject to the fee structure set forth in Schedule "A "; Glentel Inc. Reliable Care Support Plan Page 3 Initials'. The Corporations of the City of Niagara Falls — Fire Services 4 (c) Equipment added to the Contract after the Commencement Date must be certified to be in working condition as per the manufacturer's specifications. Glentel will certify such Equipment at the Demand Service Rates; 5.2 Requesting Service 'fo place a Service request, the Customer can contact Glentel at: Telephone: 905-662-5151 or 800-263-4824 Email: Toronto1 glentel.com Fax: 905-662-4081 Service requests shall be handled in accordance with the Glentel Call Process, and in accordance with the standards established in the Service Level Agreement. 6. INDEPENDENT CONTRACTOR 6.1 Independent Contractor Glentel is at all times an independent contractor with control over the manner and means of Glentel's performance. Each party is an independent contractor and is not an employee, servant or agent of the other party and nothing herein shall create or be deemed to create a partnership, joint venture or agency relationship between the parties. Neither party will commit or purport to commit the other party to the payment or receipt of any money or other consideration, or the acceptance or provision of any goods or services, except as expressly authorized by this Contract. 7. OWNERSHIP 7.1 Glentel Intellectual Property Glentel shall retain all right, title and interest in and to all Glentel Intellectual Property used in the Services. 8. NON - SOLICITATION 8.1 Non- Solicitation During the Term of this Contract, both parties agree not to, directly or indirectly, initiate or to have initiated employment discussions with any employee of each other, or to make or have made an unsolicited offer of employment to the other party's employees, without the other party's prior written consent. 9. LIMITATION OF LIABILITY 9.1 Limitation of Liability In no event will Glentel be liable to Customer, or any other person, firm, corporation or government body for incidental, indirect, special or consequential damages of any kind, nor for any loss, liability or damages of any kind relating to or resulting from: (a) loss of use, loss of anticipated revenue and /or savings, cost of capital, down -time costs, costs of substitute products, facilities, services or replacement power, loss of time or any other similar losses incurred by Customer; (b) the use or inability to use the Equipment for any reason; (c) any property damage pursuant to this Contract and loss arising out of such damage; (d) any action taken or permitted to be taken by Glentel in good faith in reliance upon instructions, orders or information received from or on behalf of Customer; (e) Customer failing to perform its responsibilities under this Contract; (f) Glentel's compliance with Customer or manufacturer's specifications for the Equipment: or (g) a Force Majeure event; Glentel Inc. Reliable Care Support Plan Page 4 Initials: The Corporations of the City of Niagara Falls — Fire Services 5 Aces; 511 whether a claim for such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise, in all cases even if Glentel knew or should have known of the possibility or likelihood of such loss, liability or damage. 9.2 Amount of Damages The entire liability of Glentel to Customer for any loss relating to this Contract, regardless of the form of action or theory of liability (including breach of contract, even if a fundamental breach, or tort, including but not limited to negligence or misrepresentation), will not exceed, in the aggregate for all claims in a fiscal year during the Term, an amount equal to the accumulated annual fees received for Services as set forth in Schedule A. 9.3 Limitation Period No action, regardless of form, arising out of any transaction under the Contract may be brought by Customer more than one year after Customer becomes aware that a cause of action has accrued. For greater certainty, Glentel will have the right at any time, to bring action against Customer for non - payment of any amount owing to it under this Contract. 10. CONFIDENTIALITY 10.1 Confidential Information "Confidential Information" means any information: (a) of which a party advises another party in writing that it considers confidential: (b) that is considered confidential under any statute, regulation or other law related to privacy or the disclosure of information to which any party must adhere; and (c) that a party may claim is privileged; and includes (without limitation) any industrial or commercial designs, programs, procedures, opinions, information about any customer or user of any person's services or goods (such as customer bases and markets, customer names and addresses including e -mail, customer telephone and fax numbers, and customer requirements or characteristics), any information about any person's costs, sales, income, profit, profitability, pricing, salaries and wages, marketing programs or plans, business opportunities, technology, and the results of any of the Services that contain or are based on Confidential Information; 10.2 Use of Confidential Information Each party will: (a) keep strictly confidential any Confidential Information of the other party of which the receiving party obtains knowledge or to which it has access; and (b) ensure that its individual partners, employees, contractors, and agents: only have access to the disclosing party's Confidential Information or other information as is strictly necessary under this Contract; and (ii) are aware of and comply with clause (a). 11. INDEMNIFICATION 11.1 General Indemnity Customer shall indemnity and save harmless Glentel its directors, officers, employees, servants and agents from and against any and all losses, claims, demands, damages, actions, causes of action, costs and expenses (including legal expenses calculated as between a solicitor and his or her own client) Glentel may sustain or incur at any time, either before or after the expiration or termination of this Contract, arising directly or indirectly by reason of (a) any breach of the Contract by Customer, or any agent, employee, director, officer or sub-contractor of Customer; (b) the acts or omissions of Customer or any agent, employee, director, officer or sub - contractor of Customer including any injury to or death of any person or any damage to any and all persons or property', whether deliberate, accidental and through negligence except to the extent that any such claim arises solely from the negligence of Glentel. This indemnity will survive termination of the Contract. 12. TERMINATION 12.1 Right to Terminate Either party may terminate this Contract before completion of the Services as follows: Glentel Inc. Reliable Care Support Plan Page 5 The Corporations of the City of Niagara Falls — Fire Services Initials: 6 (a) upon delivery of 90 days' written notice to the other party; or (b) immediately upon one party giving written notice to the other party of the occurrence of an Event of Default. 12.2 Event of Default For purposes of this Contract, an Event of Default" shall he deemed to occur if: (a) breach of any covenant, obligation or representation hereunder and such breach continues for a period of 30 days after delivery of written notice specifying such breach: (b) either party becomes insolvent or unable to discharge its liabilities as they become due or makes an assignment for the benefit of its creditors or a petition of bankruptcy is made against it; or (c) during the Term, Glentel is informed by the manufacturer that the Equipment currently covered by the Contract is coming to its End of Life, it shall notify Customer of options, and should Glentel and Customer not be able to agree on a course of action, Glentel shall be entitled to remove the specific Equipment from coverage or terminate the Contract. 12.3 Termination Without Cause Where the Contract is terminated under section 12. i (a), Customer shall pay to Glentel all amounts due under this Contract up to and including the effective date of termination. If this Contract is terminated by either party tor any reason, Glentel shall have no obligation to refund or repay any amounts received from the Customer under this Contract. Upon termination of this Contract and payment as required under this section 12.3, Customer agrees that notwithstanding anything herein, or any duty, principle, term or rule of law to the contrary, whether express or implied, Glentel shall have no further obligation or liability to Customer in connection with this Contract or its termination including without limitation any special, incidental, direct, indirect or consequential damages arising out of such early termination. 12.4 Termination Upon Event of Default Where the Contract is terminated under section 12.1(b) due to an Event of Default caused by Glentel, Customer shall pay to GI entel all amounts due under this Contract up to and including the effective date of termination for Services completed. In the event, the Contract is terminated under section 12.1(b) due to an Event of Default caused by the Customer, the Customer shall pay to Glentel all amounts due under this Contract up to the end of the Term. Customer agrees that notwithstanding anything herein, or any duty, principle, term or rule of law to the contrvv, whether express or implied, Glentel shall have no further obligation or liability to Customer in connection with this Contract 13. INSURANCE 13.1 Maintain Insurance If required by Customer, Glentel shall maintain and pay for insurance on the terns, including coverage, amounts and deductibles in accordance with Customer's reasonable directions. 13.2 Evidence of Insurance Prior to commencement of any work under this Contract and thereafter during the Term, on the request of the Customer, Glentel shall provide Customer with evidence of such insurance in a form of a Certificate of Insurance satisfactory to the Customer. 14. ASSIGNMENT AND SUBCONTRACTING 14.1 Consent Required Neither party will assign this Contract or any part thereof without the prior written consent of the other party, such consent not to be unreasonably withheld. 15. NOTICES 15.1 Notices All notices, requests, demands and other communications required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given and be effective if mailed three (3) business days after being deposited in a post as registered postage prepaid, return receipt requested, addressed as follows and if delivered or sent by facsimile communication on the date of delivery or sending by facsimile to the party at the following address: • Glentel Inc. Reliable Care Support Plan Page 6 Initials: The Corporations of the City of Niagara Falls — Fire Services 7 LA-K.7-N If to Customer: 5809 Morrison St., Niagara Falls ON, L2E 2E8 If to Glentel: 244 South Service Road, Unit 1, Stoney Creek, ON 1.8E 2N9 or at such other address as the party to whom the notice is sent shall have designated in accordance with the provisions of this section. 16. GENERAL 16.1 Successors and Assigns This Contract enures to the benefit ()land binds the parties and their respective successors and permitted assigns. 16.2 Written Waivers No indulgence or forbearance by Glentel shall be deemed to constitute a waiver of its rights to insist on performance in full and in a timely manner of all covenants of Customer and any such waiver must be in writing and signed by Glentel and then such waiver shall only be effective in a specific instance and for the specific purpose for which it is given. 16.3 Amendment This Contract may not be amended except by a written instrument signed by Customer and Glentel. 16.4 Entire Contract This Contract and all documents contemplated by or delivered under or in connection with this Contract constitute the entire agreement between the parties and supersede all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings whether written or oral, express or implied, statutory or otherwise. 16.5 Severability Each provision of this Contract is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal or invalid or unenforceable for any reason whatsoever such provision shall be severed from this Contract and will not affect the legality, validity or enforceability of the remainder of or any other provision of this Contract. 16.6 Force Nlajeure If Glentel is prevented or delayed in the performance of its obligations to be performed herein by reason of war, revolution, strike, lockout, or other labour dispute, sabotage, fire, flood, earthquake, landslide, or the inability to secure the necessary permits or authorizations from any governmental authority having jurisdiction ( "Force Majeure "), Glentel upon giving written notice to Customer shall be excused from the performance of the obligations during the time and to the extent that it is so prevented or delayed. Glentel will also take reasonable steps to make good and resume with the least possible delay, compliance with the provisions of this Contract. Glentel Inc. Reliable Care Support Plan Page 7 Initials: "fhe Corporations of the City of Niagara Falls — Fire Services 8 1 IN WITNESS WHEREOF this Contract has been executed and delivered by the parties as of the day and year first above written. The Corporation of the City of Niagara Falls — GLENTEL Inc. Fire Services Authorized Signatory Print Name and Title Authorized Signatory Print Name and Title Date Date Witness Signature/ Name Witness Signature/Name Glentel Inc. Reliable Care Support Plan Page 8 Initials: The Corporations of the City of Niagara Falls — Fire Services 9 SCHEDULE "A" DESCRIPTION OF SERVICES 1. Description of Services GLENTEL will be providing both remedial and preventative maintenance for the Astro P25 voice and Simulcast Paging system. The system consists of a Motorola Astro P25 and Simulcast Paging system, with a Motorola Gold Elite Console, that interconnected by wirless Point to Point links. GLENTEL will be providing remote monitoring of the wireless links and site health of the Transmitter and Repeater sites. GLENTEL's NOC will establish in conjunction with the customer a secure VPN that will allow them access and monitor in near real -time the performance of the wireless links and the site health which include AC Power, Batteries, Temperature, Humidity, Door access. The system network topology consists of the following components, centered on the Dispatch Centre located at Station 1: • P2P Wireless 4.9Ghz Link Morrison to Fonthill • P2P Wireless 4.9Ghz Link Morrison to Embassy Suites • P2P Wireless 4.9Ghz Link Embassy Suites to Station 6 (Backup Dispatch) ,.N CUSI OMEN: Niagara falls Yire COMapNY SerM, Glentel Inc. Reliable Care Support Plan Page 9 Initials: The Corporations of the City of Niagara Falls — Fire Services 10 Total Quantity of Equipment: (effective February 2013) A03KMS9239 PAGER MINITOR V VHF 2FREQ 115 A03KMS9239A PAGER MINITOR V VHF 2FREQ 15 B18IIBC CEB3CARDCAGE 1 B1819 CONSOLE SPARES CEBS 1 131822B/I CONSOLE GOLD ELITE 3 DS019BLK MONITOR 19" LCD BLK 6 DSTRAK91008 PRIME /MASTS SITE CONFIG I DSTRAK91009 REMOTE SITE CONFIG AC PWR 2 F2048/1 INTERFACE ASTRO DIGITAL 3 F5208/4 COMPUTER MW8I0 6 111818/1 REMOTE XTL2500 MOUNT KIT 1 H46KDF9PW6 /1 PORT XTS2500 VHF 870CH 6 H46KDF9PW6/ 1 PORT XTS2500 VHF 870CH 12 H66KDD9PW5 /I PORT XTS1500 VIIF 96CH P25 9 H66KDD9PW5 /l PORT XTS1500 VIIF 96CH P25 22 H66KDD9PW5 /I PORT XTS1500 VHF 96CH P25 69 L1884/2 CHARGER BATTERY REVERT 1 L3216 REMOTE MOT TONE CTRL 1 M2IKSM9PW1 /10 MOB XTL2500 VIIF 512CH 8 M2 KSM9PW I/8 MOB XTL2500 VHF 512CH 26 M21 KSM9PW I/9 M013 XTL2500 VHF 512CH 7 M28KSS9PWI/3 MOB XTLI500 VHF 48CH 8 SUA1000RMIU UPS APC POWER SUPPLY 1 SUA2200 UPS APC POWER SUPPLY I T5365/X580/8 REPEATER QUANTAR VHF 1 T5365/X622/2 DASE QUANTAR STN VIIF 3 75.365/X622/3 BASF QUANTAR STN VHF 1 .15365/X622/4 BASE QUANTAR STN VHF 1 T5544/X622/1 BASE MTR2000 VHF STN 1 T5589/X806/I RECEIVER ASTRO TAC SATELL 3 T5770/X977/1 ASTRO TAC 3000 COMPARATOR 3 TT2030 COMPUTER XW4600 1 WB3225 PTP 49600 5 MHZ INTEGRATE 2 WB3226 PTP 49600 5 MHZ CONNECTOR I Grand Total 342 Glentel Inc. Reliable Care Support Plan Page 10 Initials: The Corporations of the City of Niagara Falis — Fire Services 11 �CCGl4AI Serialized Equipment List A03KMS9239 136WLE6181 A03KMS9239 136WLE6182 A03KMS9239 136WLE6189 A03KMS9239 136WLE6190 A03KMS9239 136WLE6196 A03KMS9239 136WLE6220 A03KMS9239 136WLE6226 A03KMS9239 136WLE6230 A03KMS9239 136WLE6236 A03KMS9239 136WLE6245 A03KMS9239 136WLE6252 A03KMS9239 136W LG0412 A03KMS9239 136WLG0422 A03KMS9239 136WLE6168 A03KMS9239 136WLE6169 A03KMS9239 136WLE6176 A03KMS9239 136WLE6213 A03KMS9239 136WLE62I5 A03KMS9239 136WLE6222 A03KMS9239 I36WLE6229 A03KMS9239 136WLE6233 A03KMS9239 136WLE6235 A03KMS9239 136WLE6250 A03KMS9239 136 W LE6256 A03KMS9239 136WLG0416 A03KMS9239 136WLE6180 A03KMS9239 136WLE6192 A03KMS9239 136WLE6207 A03KMS9239 136WLE6208 A03KMS9239 136WLE6214 A03KMS9239 136WLF6253 A03KMS9239 136WLE6255 A03KMS9239 136WLE6264 A03KMS9239 136WLG0419 A03KMS9239 136WLE6173 A03KMS9239 136WLE6174 A03KMS9239 136WLE6175 A03KMS9239 136WLE6186 A03KMS9239 136WLE6191 A03KMS9239 136WLE6I99 A03KMS9239 136WLE6204 A03KMS9239 136WLE6223 PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VI IF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VI IF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VI IF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER NIINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ Glentel Inc. Reliable Care Support Plan Page 11 initials: The Corporations of the City of Niagara Falls — Fire Services 12 1 LA EiLu'L[k A03 KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03 KMS9239 A03KMS9239 A03KMS9239 A03 KMS9239 A03KMS9239 A03KMS9239 A03KN1S9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03 KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03 KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KNIS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03KMS9239 A03 KMS9239 A03KMS9239 A03 KMS9239 A03KMS9239 A03KMS9239 136WLE6225 136WLE6244 136WLE6248 136WLE6267 136WLG0414 I36WLG0415 1 36 W LG0424 136WLE6177 136WLE6178 136WLE6179 136WLE6195 136WLE6197 136WLE6198 136 W LE6202 1 36 W LE6209 136WLE621 1 136WLE6219 136WLE6224 136WLE6234 136WLE6241 136WLE6247 136WLE626 1 136WLE6171 136WLE6172 136WLE6193 136WLE6194 136WLE6201 136WLE6217 136WLE6218 136WLE6237 136WLE6238 136WL06249 136WLE6254 136WLE6262 136WLG041 1 136WLG0421 136 WLE6183 136WLE6184 136WLE6185 136WLE6203 136WLE6205 I36WLE6210 136WLE6216 PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER NIINIIOR V VHF 2FREQ PAGER MONITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINIIOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ Glentel Inc. Reliable Care Support Plan Page 12 Initials: The Corporations of the City of Niagara Falls — Fire Services 13 A03KMS9239 136WLE6221 A03KMS9239 136WLE6231 A03KMS9239 136WLE6240 A03KMS9239 136WLE6242 A03KMS9239 136WLE6246 A03KMS9239 136WLE6257 A03KMS9239 136WLE6258 A03KMS9239 136WLE6260 A03KMS9239 136WLE6266 A03KMS9239 136WLG0410 A03KMS9239 136WL60420 A03KMS9239 136WLE6170 A03KMS9239 136WLE6187 A03KMS9239 136WLE6188 A03KMS9239 136WLE6200 A03KMS9239 136WLE6206 A03KMS9239 136WLE6212 A03KMS9239 136WLE6227 A03KMS9239 136WLE6228 A03KMS9239 136WLE6232 A03KMS9239 136WLE6239 A03KMS9239 136WLE6243 A03KMS9239 136WLE6251 A03KMS9239 136WLE6259 A03KMS9239 136WLE6263 A03KMS9239 136WLE6265 A03KMS9239 136WLG0413 A03KMS9239 136WLG0417 A03KMS9239 136WLG0418 A03KMS9239 136WL00423 A03KMS9239A 136WMLA474 A03KMS9239A 136WMN1360 A03KMS9239A 136WMU3229 A03KMS9239A 136WMU3252 A03KMS9239A 136WMU3253 A03KMS9239A 136WMU3254 A03KMS9239A 136WMU3259 A03KMS9239A 136WMNI362 A03KMS9239A 136WMU3233 A03KMS9239A 136WMU3234 A03KMS9239A 136WMN1363 A03KNIS9239A 136WMS4903 A03KMS9239A 136WMU3255 PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINFTOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VI-IF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VIIF 2FREQ PAGER MINITOR V VHF 2FREQ PAGER MINITOR V VHF 2FREQ Glentel Inc. Reliable Care Support Plan Page 13 The Corporations of the City of Niagara Falls — Fire Services Initials: 14 A03KMS9239A A03KMS9239A B18IIBC B1819 B 1822B/ I B182213/1 B 1822B/I DS019BLK DS019BLK DS019BLK DS019BLK DS019BLK DS019BLK DS"IRAK91008 DSTRAK91009 DSTRAK91009 F2048/1 02048/1 02048/1 05208/4 05208/4 05208/4 05208/4 05208/4 F5208/4 FA05024 111818/1 H46KDF9PW6 /I 1146KDF9PW6 /1 1146KDF9PW6 /I H46KDF9PW6i 1 H46KDF9PW6 /1 1-146KDF9PW6 /1 1I46KDF9PW6 /1 H46KDF9PW6 /1 1-146KDF9PW6 /1 0146KDF9PW6 /I H46KDF9PW6 /1 l I46KDF9PW6 /1 1146KDF9PW6 /1 4146KDF9PW6 /1 H46KDF9PW6 /1 H46KDF9PW6 /1 1146KDF9PW6 /I 136WMU3257 PAGER MINITOR V VHF 2FREQ 136WMU3250 PAGER MINITOR V VHF 2FREQ 404CLF0083 CEB 3 CARD CAGE 404CLF0094 CONSOLE SPARES CEBS 404CLF0093 CONSOLE GOLD ELITE 404CLF0096 CONSOLE GOLD ELITE 404CLF0099 CONSOLE GOLD ELITE DS019BLK -1 MONITOR 19" LCD BLK DSOI9BLK -6 MONITOR 19" LCD BLK DS019BLK-2 MONITOR 19" LCD BLK DS019BLK -4 MONITOR 19" LCD BLK DS019BLK -3 MONITOR 19" LCD BLK DS019BLK -5 MONITOR 19" LCD BLK DSTRAK91008 -1 PRIME /MASTE SITE CONFIG DSTRAK91009 -1 REMOTE SHE CONFIG AC PWR DSTRAK91009 -2 REMOTE SITE CONFIG AC PWR 524SLC0003 INTERFACE ASTRO DIGITAL 524SLC0002 INTERFACE ASTRO DIGITAL 524SLC0004 INTERFACE ASTRO DIGITAL 736SLW0374 COMPUTER MW810 736SLW0377 COMPUTER MW810 736SLW0378 COMPUTER MW810 736SLW0379 COMPUTER MW810 736SLW0376 COMPUTER MW810 736SLW0375 COMPUTER MW8I0 X42051-001 ANT WLAN IX SHARKFIN X26523 -001 REMOTE XTL2500 MOUNT KIT 407CLB0096 PORT XTS2500 VHF 870CH 407CL130097 PORT XTS2500 VI-IF 870CH 407CLB0098 PORT XTS2500 VHF 870CH 407CLB0105 PORT XTS2500 VHF 870CH 407CLR0266 PORT XTS2500 VHF 870CH 407CLB0106 PORT XTS2500 VHF 870CH 407CLB0099 PORT XTS2500 VHF 870CH 407CLB0101 PORT XTS2500 VHF 870CH 407CLB0104 PORT XTS2500 VHF 870CH 407CLR0267 PORT XTS2500 VHF 870CH 407CLB0100 PORT XTS2500 VHF 870CH 407CLB0102 PORT XTS2500 VI IF 870C1-1 407CLB0103 PORT XTS2500 VHF 870C1-1 407CLR0268 PORT XTS2500 VHF 870CH 407CLR0269 PORT XTS2500 VHF 870C11 407CLB0095 PORT XTS2500 VHF 870CH 407CLR0264 PORT XTS2500 VIIF 870CH Glentel Inc. Reliable Care Support Plan Page 14 Initials: The Corporations of the City of Niagara Falls — Fire Services 15 Lif H46KDF9PW6 /l 407CLR0265 H66KDD9PW5 /1 687CLB0571 H66KDD9PW5 /l 687CLB0575 1-I66KDD9PW5 /1 687CLB0579 FI66KDD9PW5 /l 687CMF2243 1-166KDD9PW5 /1 687CMF2245 H66KDD9PW5 /1 687CMF2259 1-166KDD9PW5 /1 687CLB0600 H66KDD9PW5 /1 687CLB0612 1166KDD9PW5 /1 687CLB0615 H66KDD9P W 5/ 1 687CLB0621 1166KDD9PW5/ I 687CLB0626 H66KDD9PW5 /1 687CMF2240 1166KDD9PW5 /1 687CMF2251 1-166KDD9PW5/ l 687CMF2257 H66KDD9PW5 /1 687CLB0580 H66KDD9PW5 /1 687C110594 H66KDD9PW5 /1 687CLB0601 F{66KDD9PW 5/ 1 687CLB0606 H66KDD9PW5 /1 687CLB0617 1-166KDD9PW5 /1 687CLB0624 1-166KDD9PW5 /1 687CLB0629 1166KDD9PW5 /l 687CLB0593 II66KDD9PW5 /I 687CLB0595 H66KDD9PW5 /1 687CLB0597 1-166KDD9PW5 /1 687CLB0599 H66KDD9PW5/ I 687CLB0605 H66KDD9PW5 /1 687CLB0622 1166KDD9PW5 /1 687CLB0630 I-166KDD9PW 5/ I 687CLB0631 H66KDD9PW5/1 687CMF2242 H66KDD9PW5 /1 687CMF2248 1- 166KDD9PW5 /1 687CMF2253 1-166KDD9PW5 /I 687CMF2255 1I66KDD9PW5 /I 687CLB0564 I-166KDD9PW5/1 687CLB0584 H66KDD9PW5 /1 687CLB0591 1-166KDD9PW5 /1 687CLB0572 1166KDD9PW5 /1 687CLB0576 1166KDD9PW5/ 1 687CLB0578 H66KDD9PW5 /I 687CMF2239 1-166KDD9PW5 /1 687CMF2244 1-I66KDD9PW5 /1 687CLP1655 PORT XTS2500 VHF 870CH PORT XTSI500 VHF 96CI -1 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTSI500 VI-IF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 9601 P25 PORT XTS1500 VHF 96CH P25 PORT XTSI500 VHF 96CH P25 PORT XTS1500 VHF 9601 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96C1-1 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VI1F 9601 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VFIF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTSI500 VI IF 96C1-1 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VHF 96C11 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VI-IF 96CH P25 PORT XTS1500 VHF 9601 P25 PORT XTS 1500 VHF 96CH P25 PORT XTS 1500 VI IF 96CI 1 P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VI-IF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1 500 VHF 96CH P25 PORT XTS1500 VI IF 96CFI P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VHF 96CI -I P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 Glentel Inc. Reliable Care Support Plan Page 15 Initials: "File Corporations of the City of Niagara Falls — Fire Services 16 7! L]fit'C 1166KDD9PW5 /I 1166KDD9PW5 /l H66KDD9PW5 /1 1166KDD9PW5 /1 H66KDD9PW5/1 H66KDD9PW5 /i H66KDD9PW5 /1 1166KDD9PW5 /1 H66KDD9PW5 /1 1166KDD9PW5 /I 1-166KDD9PW5 /1 1i66KDD9PW5 /1 H66KDD9PW5 /1 H66KDD9PW5 /1 1166KDD9PW5 /1 1166KDD9PW5 /1 I166KDD9PW5 /1 1I66KDD9PW5 /1 1166KDD9PW5 /1 1166KDD9PW5 /1 1166KDD9PW5 /I H66KDD9PW 5/1 1166KDD9PW5 /1 1166KDD9PW5/1 H66KDD9PW5 /1 H66KDD9PW5 /I 1-166KDD9PW5 /1 H66KDD9PW5 /I 1466KDD9PW5 /1 1-166KDD9PW5 /1 1466KDD9PW5 /1 1166KDD9PW5 /1 1166KDD9PW5 /1 H66KDD9PW5i l H66KDD9PW5 /1 H66KDD9PW5 /1 H66KDD9PW5 /1 1-166KDD9PW5 /1 1166KDD9PW5 /1 H66KDD9PW5 /I H66KDD9PW5 /1 H66KDD9PW5 /1 1I66KDD9PW5 /1 687CLP1656 687CLB0604 687CLB0609 687CL130625 687CL130570 687CMF2246 687CMF2250 687CLB0602 687CLB0613 687CLB0618 687CLB0627 687CLB0632 687CLP1661 687CLB0565 687CLB0567 687C1,B0569 687CL130581 687CLB0583 687CLB0585 687CLB0587 687CLB0592 687CLB0596 687CLB0598 687CLB0607 687CL130610 687C130611 687CLB0616 687CMF2249 687CMF2254 687CLP1653 687CLP1654 687CLP1658 687CLP1659 687CLB0619 687CLB0623 687CLB0628 687C1.P1657 687CMF2241 687CMF2247 687CMF2252 687CMF2258 687CMF2260 687CLB0574 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTSI500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS 1 500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96C1 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VI IF 96CH P25 PORT XTSI500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VHF 96C1 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1 500 VHF 96CH P25 PORT XTS1500 VI IF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VHF 96C1I P25 PORT XTS1500 VHF 9601 P25 PORT XTS 1500 VI-IF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VHF 96C1-I P25 PORT XTS 1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96C1 P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 PORT XTS 1500 VHF 96CH P25 Glentel Inc. Reliable Care Support Plan Page 16 Initials: The Corporations of the City of Niagara Falls — Fire Services 17 H66KDD9PW5 /1 FI66KDD9PW5 /1 H66KDD9PW5 /l H66KDD9PW5 /1 FI66KDD9PW5/ 1 H66 KDD9PW5 /1 H66KDD9PW5 /1 H66KDD9PW5 /1 H66KDD9PW5 /1 1-166KDD9PW5 /1 1166KDD9PW5 /1 H66KDD9PW5 /1 H66KDD9PW5 /1 H66KDD9PW5 /1 H66KDD9PW5 /1 1.1884/2 [3216 M2IKSM9PW1 /10 M21KSM9PWI /10 M2IKSM9PWI /10 M21 KSM9PW 1/10 M21 KSM9PW 1/10 M2I KSM9PW 1/10 M21KSM9PW1 /l0 M21 KSM9PW 1/10 M21KSM9PW1 /8 M21KSM9PW 1/8 M21KSM9PWI /8 M21 KSM9PW l/8 M21KSM9PW1 /8 M21KSM9PW1 /8 M21KSM9PW1 /8 M21KSM9PWI /8 M2IKSM9PWI /8 M2I KSM9PW 1/8 M21KSM9PW1 /8 M21KSM9PW 1/8 M2IKSM9PW 1/8 M21 KSM9PW1 /8 M2 1KSM9PW 1 /8 M21 KSM9PW 18 M21KSM9PWI/8 M21 KSM9PW 1/8 687CLB0589 687CLB0566 687CLB0568 687CLB0573 687CLB0577 687CLB0582 687CLB0586 687CLB0588 687CLB0590 687CLB0603 687CLB0608 687CLB0614 687CLB0620 687CLP1660 687CMF2256 9487 124CLD0096 518CLB0395 518CLB0397 518CLB0399 518CLB0393 518CLB0392 518CLB0394 518CLB0398 518CLB0396 518CLB0401 518CLB0405 518CLB0413 518CLB0416 518CLB0407 518CLB0410 518CLB0419 518CLB0422 518CLB0408 518CLB0415 518CLB0421 518CLB0425 518CLB0402 518CLB0414 518CLB0404 518CLB0409 518C1.B0418 518CLB0420 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96C11 P25 PORT XTSI500 VHF 96CH P25 PORT XTS 1500 VHF 96011 P25 PORT XTS1500 VHF 96011 P25 PORT XTSI500 VHF 96CH P25 POR"I' XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 PORT XTS 1 500 VHF 96CH P25 PORT XIS I500 VHF 96CH P25 PORT XTS1500 VHF 96C11 P25 PORT XTS1500 VHF 96CH P25 PORT XTS1500 VHF 96CH P25 CHARGER BATTERY REVERT REMOTE MOT TONE CTRL MOB XTI 2500 VHF 512CH MOB XT[2500 VHF 5I2CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VIIF 512CH MOB XTL2500 VHF 5I2CH MOB XTL2500 VHF 5I2CH MOB XT1.2500 VHF 512CI I MOB XTL2500 VHF 5I2CH MOB XTL2500 VIiF 512C1-1 MOB XTL2500 VIIF 512CH MOB XTL2500 VHF 512CH MOB XT[2500 VHF 512CH MOB XTL2500 VI-IF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512C11 MOB XTL2500 VHF 512CH MOB XTL2500 VHF 5I2CH MOB XTL2500 VHF 512C1I MOB XTI.2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTI.2500 VHF 51201 MOB XTL2500 VHF 512CH Glentel Inc. Reliable Care Support Plan Page 17 The Corporations of the City of Niagara Falls — Fire Services Initials' 18 if LA M21KSM9PW1 /8 M21 KSM9PW t/8 M21KSM9PW1 /8 N121KSM9PW 1/8 M2I KSM9PW 1/8 NI2 I KSM9PW 1/8 M21 KSM9PW 1 /8 M2IKSM9PW1'8 N121 KSM9PW 1/9 M21KSM9PW1 /9 M21 KSM9PW U9 N121KSM9PW1 /9 M21 KSM9PW 1/9 M2IKSM9PW1/9 N 2I KSM9PW li9 N128KSS9PW I/3 M28KSS9PW 1/3 N128KSS9PW1 /3 M28KSS9PW 1/3 M28KSS9PW 1/3 M28KSS9PW 1/3 M28KSS9PW I/3 NI28KSS9PW1i3 SUA I000RM I U S UA2200 ('5365/X580/8 [5365/X622/2 1'5365/X622/2 1'5365/X622/2 T5365/X622/3 [5365/X622/4 T5544/X62211 T5589 /X806 /1 T5589/X806/ I T5589/X806/ 1 T5770/X977/1 75770/X977/ 1 75770/X977/ 1 TT2030 WB3225 WB3225 WB3226 518CLB0423 518CLBO411 518CLB0400 5l8CLB0403 518C1 B0406 518CLB0412 518CLB0417 518CLB0424 518CLB0385 518CLB0387 5180 130388 5!8CLB0386 518CLB0391 518CLB0389 518CLB0390 726CLB0032 726CLB0034 726CLB0035 726CLB0036 726CLB0031 726CLB0030 726CLB0029 726CLB0033 AS0948294684 JS0939017871 448CL130018 509CLB 1300 509CLB1299 509CLB 1298 448CLB0019 448CLB0020 512CLR0286 743CLB0004 743CLB0005 743C1 B0006 525CLB0001 525CLB0002 525CLB0003 TT2O30A -1 000456808CF7 000456806CDB WB3226A -1 MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 5I2CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 51201 MOB XTL2500 VHF 512C11 MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512C11 MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL2500 VHF 512CH MOB XTL1500 VHF 48CH MOB XTL 1500 VHF 48CH MOB XTL1500 VHF 48C11 MOB XTL1500 VHF 48CH MOB XT1.1500 VHF 48CH MOB XTL1500 VHF 48CH MOB XTLI500 VHF 48CH MOB XTL1500 VHF 48CH UPS APC POWER SUPPLY UPS APC POWER SUPPLY REPEATER QUANTAR VHF DASE QUANTAR STN VHF DASE QUANTAR STN V1IF DASE QUANTAR STN VHF BASE QUANTAR SIN VHF BASE QUANTAR STN VHF BASE MTR2000 VHF STN RECEIVER ASTRO TAC SATELL RECEIVER ASTRO TAC SATELL RECEIVER ASTRO TAC SATELL ASTRO TAC 3000 COMPARATOR ASTRO TAC 3000 COMPARATOR ASTRO TAC 3000 COMPARATOR COMPUTER XW4600 PTP 49600 5 MHZ INTEGRATE PTP 49600 5 MHZ INTEGRATE PTP 49600 5 MHZ CONNECTOR Glentel Inc. Reliable Care Support Plan Page 18 initials: The Corporations of the City of Niagara Falls — Fire Services 19 Hours of Coverage Radio and Paging Infrastructure Dispatch Base Radios Tower Sites GLENTEL NOC Services Pagers Portables Mobile Radios MW810 Mobile Computers Quarterly Service Meetings and Reports SCHEDULE B Service Level Agreement Service Level Agreement 24 *7 *365 1 Hour Telephone Phone Response 4 Hour Technical Resource On -site Continuous Effort on Resolutions 24 *7 *365 Monitoring of P2P Wireless Links Monitoring of IP and T1 throughput and performance Monitoring of Site Health, AC Power, Temperature, Humidity, Battery, Generator (start/stop)6 Alarm notification and escalation Quarterly performance reports Monday to Friday Return to Depot Service 08:00 to 16:30 EST Customer responsible to ship defective to Glentel Service Centre, located in Stoney Creek, ON. Monday to Friday Same Day On -Site 08:00 to 16:30 EST 4 Hours Technical Resource Onsite Continuous Effort for Resolution GLENTEL will meet with the customer on quarterly basis to review the delivery of service. GLENTEL will provide a quarterly report that includes but is not limited to: 4# of Service Calls, By Problem, Resolution, Open Items Exclusions Force Majeure, RF Interference, Act of God, Lightning, Telco Supplied Circuits, Physical or Water Damage, Abuse, Lost or Stolen Equipment, Firmware' and Software' , Speaker Microphones, Batteries', 3rd Party Accessories', External Speakers, Cabling, Connectors, Vehicle Mounts', Brackets, Computers, Monitors, keyboards, mouses Notes 1. Unless stipulated by a manufacturer's Field Service Bulletin (FSB) to address an issue being experienced by the customer, firmware upgrades or feature enhancements are not included in this maintenance agreement. 2. Manufacturers or 3`d Party Software is not covered under this maintenance agreement. 3. 3rd Party Accessories, Batteries are not covered under this maintenance agreement; however they may be covered under manufacturer's warranty. 4. Vehicle Mounts, Brackets are not included under this maintenance agreement. 5. The customer is responsible for all computers, monitors, with exception of the MW810 Laptop installed in the vehicles. 6. Generator must be installed at site for this monitoring to be provided Glentel Inc. Reliable Care Support Plan Page 19 Initials_ The Corporations of the City of Niagara Falls — Fire Services 20 [Aierr7AVEL Service Level Agreement Definitions Emergency Call back with in 1 hour Technician response within 4 hours Resolution Within 12 hours Escalation See Table 1 below Event Description Escalation High System Down no communications Problem Reported: Call assigned to Technician Service Manager (S.M.) Notified Account Manager Notified After 2 Hours Technician - Contact S.M. of status and activities done. Identify Issues or Problems. S.M. will decide next level of escalation i.e. Additional Resources, Engineering, Management or Manufacturer Medium System working but individual Problem Reported: component failed and no immediate Call assigned to Technician work around. After 4 hours Technician - Contact S.M. of status and activities done. Identify Issues or Problems. S.M. will decide next level of escalation i.e. Additional Resources, Engineering, Management or Manufacturer Low System Working, no component Problem Reported failed but feature or function failed. Call assigned to Technician Customer can work with this After 8 hours limitation or there is a work around Technician - Contact S.M. of status and activities done. Identify Issues or Problems. S.M. will decide next level of escalation i.e. Additional Resources, Engineering, Management or Manufacturer Glentel Inc. Reliable Care Support Plan Page 20 Initials: The Corporations of the City of Niagara Falls — Fire Services CUL SCHEDULE C PAYMENT TERMS 1. Maintenance Fees Period July 1, 2013 July 1, 2014 July 1, 2015 July 1, 2016 July 1, 2017 June 30, 2014 June 30, 2015 June 30, 2016 June 30, 2017 June 30, 2018 Annual Rate $ 110,904.89 $ 115,341.08 $ 121,108.14 $ 128,374.62 $ 137,360.85 Monthly Rate $ 9,242.07 $ 9,611.76 $ 10,092.34 $ 10,697.89 $ 11,446.74 2. Payment Schedule. • Monthly • Net 30 Days • FOB Local Glentel Service Location Glentel Inc. Reliable Care Support Plan Page 21 The Corporation of the City of Niagara Falls — Fire Services. Initials 22 r C SCHEDULE "D" PRICE CATALOGUE 1. Demand Services Description Rate Technical Services: On -site Depot Travel Rate Mileage Rate Travel and Living S 108.00 per hour $ 100.00 per hour $ 108.00 per hour $ 1.10 per km Cost plus 15% Professional Services: Project Management Industry Canada RF Licensing $ 150.00 per hour $ 125.00 per hour Specialized Equipment (Gimlet Supplied) Scissors Lift Trucks Bucket Trucks Helicopter, Skidoo Cost plus 20% Glentel Inc. Reliable Care Support Plan Page 22 Initials: The Corporations of the City of Niagara Falls — Fire Services 23 SCHEDULE "E" GLENTEL CALL PROCESS I Fre- sua.«,- C,spn,■n tec;rt I C40 M. +nxger,erc J re, .vii SLN t,au t;axea -._ 6nn,d No16,f. sang n CA;,,,rcw, Processes and Procedures Related to this Contract 1. CaII Management Process Glentel's problem- incident system shall be used by all support team levels to record and track all problem reports, inquires, or other types of calls received from the Customer. Metrics Reporting Regular reporting shall be provided from Glentel to the Customer through available metrics as related to target performance. These reports shall be produced by Glentel's problem- incident system, which shall detail ticket management performance against Service Level Agreement targets. Glentel Inc. Reliable Care Support Plan Page 23 Initials: The Corporations of the City of Niagara Falls — Fire Services G L E N T E L SCHEDULE "F" SAMPLE - EQUIPMENT SHIP -IN FORM Date: Company Name: Contact Name: Contact Phone: (Office) (Cell) Email Address: List of Equipment Sent in for Repair: Qty: Serial Number (if available) Radio Antenna Battery Spkr /mic Side Cover Belt Clip Other Problem Description: Glentel Inc. Reliable Care Support Plan Page 24 City of St. Catharines — Fire Services Initials ,learance Certificate / Certificat de decharge E2000002A07E W + N G) J G) co z c O O .Z2 75 �LLZ U Q 03 CO CO Z N U" = O N = O(6U0 ca +.2 U N G) L (Ua = ma C•a' V) •G) G) 00 (=an -a-a 0 w J 0 J � Q Z U_ W OF-UQ ' :TrulD WOwO U W m U> -mZ w 2ZU ori mz Q N Lo Lc) co U > (a a)-.. O y L J G) d (a G) C = o L E O .� 'U 0 cu zZ 5 m N Q E d , E p r .573m u = r 1 of Q •(6 FS- 2013 -03 NiagaraMIs March 26, 2013 REPORT TO: His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Fire Department SUBJECT: FS- 2013 -03 Automatic Aid Agreement with Niagara -on- the -Lake RECOMMENDATION That Council approve and authorize the Mayor and City Clerk to execute the Automatic Aid Agreement with Niagara -on- the -Lake (NOTL) for the purposes of providing fire protection services. EXECUTIVE SUMMARY In 2009, the Mewburn Road bridge was deemed unfit for vehicular travel. A maximum of four (4) Niagara Falls residences are affected by the bridge closure. A verbal agreement was made at that time between the Niagara Falls Fire Chief and the NOTL Fire Chief to ensure Niagara Falls residents on the north side of the bridge maintain efficient emergency fire response. It was anticipated that remediation work would commence and emergency access would again be available in a relatively short time frame. The bridge remediation process has not begun to date and this agreement is being proposed in order to reduce liabilities for both municipalities. Once the bridge is remediated or rebuilt, this agreement can be terminated. BACKGROUND The Mewburn bridge is a critical link for emergency fire responses to Niagara Falls residents who live on the north side of the CN Rail tracks. In order to access these properties without using the Mewburn bridge, fire vehicles must use alternate roadways that increase travel times by an unacceptable margin. NOTL Fire and Emergency Services can maintain reasonable response times to these properties while Niagara Falls' resources respond on a delay due to the required detour in the response route. Negotiations are ongoing between the City, Region and CN to determine the details of how the bridge reconstruction will proceed. Alternate service will be provided from two NOTL fire stations in St David's and at Glendale Rd. FINANCIAL IMPLICATIONS If approved by Niagara Falls, the agreement will be submitted to the Niagara -on- the -Lake Town Council for approval. There will be no direct financial implications from this agreement, as written. March 26, 2013 - 2 - CITY'S STRATEGIC COMMITMENT FS- 2013 -03 The agreement will provide for continued response capabilities for emergencies, reducing municipal liability and providing for a safe and healthy community. LIST OF ATTACHMENTS 1. Automatic Aid Agreement Recommended by: Respectfully submitted: L. Smith:tc Lee Smith, Fire Chief Ken Todd, Chief Administrative Officer Attachment #1 AUTOMATIC AID AGREEMENT THIS AGREEMENT made this day of March, 2013 BETWEEN: THE CORPORATION OF THE TOWN OF NIAGARA -ON- THE -LAKE (hereinafter referred to as "Niagara -on- the - Lake ") and THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as "Niagara Falls ") WHEREAS Section 2. (6) of the Fire Protection and Prevention Act, Chapter 4, Statutes of Ontario, 1997, authorizes a municipality to enter automatic aid agreements with other municipalities to provide and /or receive fire protection services; AND WHEREAS Niagara -on- the -Lake operates fire protection services and manages assets suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through afire department situated within Niagara -on- the -Lake; AND WHEREAS Niagara -on- the -Lake is prepared to make available fire protection services to Niagara Falls, and Niagara -on- the -Lake is agreeable and requests of Niagara Falls to provide fire protection services to a defined area of Niagara Falls; NOW THEREFORE, in consideration of the mutual covenants, conditions, considerations and payments herein contained, Niagara -on- the -Lake and Niagara Falls mutually agree as follows: 1. In this Agreement, unless the context otherwise requires, a) "Designate" means a person who, in the absence of the fire chief, has the same powers and authority as the fire chief b) "Fire Area" means the area ofNiagara Falls defined in Schedule "A" attached to and forming part of this Agreement, c) "Fire Chief" means the chief of the fire department, d) "Fire Department" means the Town of Niagara -on- the -Lake Fire Department, e) "Fire Protection Services" means and includes the activities defined in the Fire Protection and Prevention Act, more particularly described as: "includes fire suppression, fire prevention, fire safety education, communications, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services ". 2. Niagara -on- the -Lake will supply fire protection services to all the properties and residents situated within the geographical areas as shown in Schedule "A ". -2- 3. a) The fire apparatus and personnel of thefire department will respond to occurrences in thefire area in a like manner as if the response were in Niagara -on- the -Lake; b) Should the fire chief or designate require assistance, or believe assistance may be required, by way of additional personnel, apparatus, or equipment, to an occurrence in thefire area, such assistance may be summoned. 4. a) The fire chief or designate may refuse to supply responses if response personnel, apparatus and /or equipment are required in County /District /Region or elsewhere, under the provisions of the County /District /Region Mutual Fire Aid Plan and Program; b) The fare chief or designate may order the return of such personnel, apparatus and /or equipment that is responding to or is at the scene of an incident in the fare area. In such cases the fare chief or designate may summon assistance in accordance with Section 3.b). 5. Niagara Falls shall be responsible for notifying, in the manner and to the extent deemed necessary, residents and occupants of thefire area, of procedures for reporting an emergency and of the services provided by thefire department. 6. a) This Agreement shall remain in force until either party provides written notice of termination at least 180 days prior to the desired date of termination. b) This Agreement may be amended at any time by the mutual consent of the parties, after the party desiring the amendment(s) gives the other party a minimum of thirty (30) days written notice of the proposed amendment(s). 7. a) So often as there may be any dispute between the parties to this Agreement, or any of them, with respect to any matter contained in this Agreement, including but not limited to the interpretation of this Agreement, the same shall be submitted to arbitration under the provisions of the Municipal Arbitrations Act, R.S.O. 1990 c. M.48, and the decision rendered in respect of such proceedings shall be final and binding upon the parties to this Agreement. b) If, for any reason, the said arbitration cannot be conducted pursuant to the provisions of the Municipal Arbitrations Act, then the parties hereto shall agree to the selection of a single arbitrator, and in the absence of such agreement, such arbitrator shall be appointed by a judge of the Supreme Court of Ontario pursuant to the provisions of the Arbitrations Act, S.O. 1991 c. 17, or pursuant to any successor legislation. 8. Notwithstanding anything herein contained, no liability shall attach or accrue to Niagara -on- the -Lake for failing to supply the Niagara Falls on any occasion, or occasions, any of thefire protection services provided for in the Agreement. 9. No liability shall attach or accrue to Niagara -On- the -Lake by reason of any injury or damage sustained by personnel, apparatus and /or equipment of thefire department while engaged in the provision of fire protection services in thefire area. -3- 10. In the event that any covenant, provision or term of this Agreement should at any time to be held by any competent tribunal void or unenforceable, then the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this Agreement which shall remain in full force and effect mutatis mutandis. 11. The Niagara Falls dispatch centre has been given direction regarding the receipt of 9 -1 -1 calls for assistance in the fire area and Niagara -on- the -Lake has provided similar direction to their dispatch service provider. This will ensure continuity of efficient service to our residents. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Per: Dean Iorfida, City Clerk THE CORPORATION OF THE TOWN OF NIAGARA -ON- THE -LAKE Per: David Eke, Lord Mayor Per: Holly Dowd, Town Clerk NiagaraJalls REPORT TO: L- 2013 -13 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2013 -13 Release of Easements Parts 72 and 73, Reference Plan 59R -14518 Deerfield Estates -Phase 9 Our File No.: 2013 -73 L- 2013 -13 March 26, 2013 RECOMMENDATION That two easements registered on title to the Deerfield Estates - Phase 9 Plan of Subdivision as Parts 72 and 73, Reference Plan 59R -14518 ( "subject lands "), for the purpose of rear yard catch basins, be released at no cost to the City. EXECUTIVE SUMMARY The lots that were shown on the Deerfield Estates - Phase 9 original Plan of Subdivision are going to be relotted and, as a result of the relotting, the original easements are no longer applicable and will need to be released in order to coordinate new easements with the realigned lot lines. BACKGROUND In 2011 the City entered into a Subdivision Agreement with River Realty Development (1976) Inc. with respect to Deerfield Estates Phase 9 Subdivision. At that time numerous easements were transferred to the City for the purpose of developing the land on the west side of Kalar Road. Since the registration of the Easement Plan, the initial lotting approved in the Deerfield Estates Plan of Subdivision has been revised. As a result of the revision, the original rear yard catch basins, designated as Parts 72 and 73 on Reference Plan 59R- 14518, which are typically centered on common lot lines, are no longer required as designed and it is now necessary to coordinate new easements with the realigned lot lines. River Realty Development (1976) Inc. has requested that the easements be released in order that a new Easement Plan can be placed on title to the subdivision to conform to the new lot fabric. Upon circulation of the above request to Municipal Works, Legal Services has been March 26, 2013 - 2 - L- 2013 -13 advised that the subject lands have been relotted and the former easements that were established in accordance with the former lot lines are no longer applicable and can be removed, at no cost to the City. Recommended by: Respectfully submitted: KB K n Beaman, City Solicitor Ken Todd, Chief Administrative Officer MW- 2013 -09 NiagaraJalls March 26, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2013 -09 2013 Winter Restoration Program RECOMMENDATION That Council endorse the following contractors to provide restoration services with the successful bidders for 2013 and 2014 being; Area #1 - North half of City Sod, Seed, Topsoil Tree Amigos Area #2 - South half of City Sod, Seed, Topsoil Phoenix Landscaping Area #1 - North half of City Concrete Gauboc Construction Area #2 - South half of City Concrete Steele Contracting EXECUTIVE SUMMARY The Municipal Works Department is responsible for the repair and replacement of municipal boulevards, sidewalks and roadways that have been damaged as a result of emergency repairs (such as water main breaks, sewer lateral repairs or snow plow damage). Contractors are employed seasonally to expedite this service. The purpose of this report is to seek Council's endorsement of the above contractors to complete this seasons work. BACKGROUND Last year following a change in level of service, municipal works staff tendered out the grass and concrete work to several local contractors who worked simultaneously throughout the City, providing flexibility to staff, and ensured a timely completion of work. Utilizing smaller contractors for concrete ensured the City did not have lengthy waits for larger contractors who may be spread over multiple projects. Smaller contractors focussed on municipal work and ensured concrete work was done in a timely manner. Concrete must be completed prior to grass restoration, and prioritizing concrete ensured grass work was completed prior to July. This minimized sod installations in July and August which have the potential to dry out during the higher temperatures of late summer. March 26, 2013 - 2 - MW- 2013 -09 Last year, in addition to plow damage and water /sewer dig damage, we were able to take on Forestry's stump restoration, and still come in below budgeted costs. Staff are proposing that the stump restoration be added to the overall program in 2013. The City maintained its own asphalt restoration crew which very successfully handled the smaller asphalt damaged areas. Larger jobs were tendered through the Asphalt Patching contract. ANALYSIS /RATIONALE City staff are pleased with the results in the changes to the restoration program implemented in 2012. The City received a similar high volume of restoration requests from the winter, completed them faster, and saved money during the process. This year, additional delineators were installed in various subdivisions as in 2012, to minimize plow damage. The tender has now been issued for a two year period, in the hopes of maintaining costs for guaranteed work. The tenders closed on February 15, 2013. The tender has the City broken into two segments, each with a minimum of two grass restoration crews and one concrete restoration crew. The tender is designed to ensure that "Time is of the Essence" and that the successful bidders will not be permitted to sub trade any of their work. It is also an essential element of the tender that successful bidders ensure their primary focus is dedicated to the City of Niagara Falls. Staff had two minor problems with two of the contractors last year, one went out of business, the other failed to respond to work assigned. However, due to having two separate contractors for concrete and two for grass, staff had the flexibility to immediately re- assign work to the other contractor, ensuring a seamless and timely completion of work. Staff are recommending this season we ensure as a matter of practice the hiring of two separate contractors for grass and two for concrete. This will ensure the flexibility staff require to deploy contractors to areas as needed, and will not keep us committed to an underperforming contractor. This years tender as in lasts, is designed to improve response time by: • . utilizing four sod /seed restoration crews rather than one, utilizing two concrete contractors, rather than intermittent out of town third party contractors, crews are a direct report to Environmental Services - no third party contracting, crews are assigned specific areas, but may be mobilized at staff's discretion, 20% reduction in payment if work goes beyond 30 days of initial assignment In 2012, the majority of sod, seed and concrete work was completed by the end of June. March 26, 2013 - 3 - MW- 2013 -09 FINANCIAL IMPLICATIONS Historically Environmental Services has budgeted comparable amounts for this annual program, attempting to estimate based on previous years' and winter forecasts. Typically, the bulk of costs for restoration come from work performed in Environmental Services. In 2012 the costs for restoration for sewer and water digs were $332,554. Out of this amount, approximately $3,300.00 covered Forestry The costs for winter snow plow and sidewalk damage were $19,991.00. Winter damage from plows is only 5.5% of the restoration budget. Cost of Internal and Contracted Services for Asphalt, Grass & Concrete Budgeted Actual Values Asphalt #Jobs Contracted $ 2010 323 $371,252.00 $333,242.00 Contracted $ 2011 624 $419,631.00 $143,248.00 2012 638 2013 Contracted $ $385,733.00* $ 79,343.00 Sod /Concrete Internal $ $ 95,195.00 Contracted $ $158,612.00 Contracted $ $123,722.00 Asphalt Internal $ $ 14,902.00 Internal $ $ 67,631.00 Internal $ $149,480.00 Submitted Budget Values as of September 2012 $411,370.00 Asphalt Contracted $ $125,000.00 Sod /Concrete Contracted $ $184,000.00 Asphalt Internal $ $102,370.00 ( *Note: budget reduction of $75,000 from initial budget of $460,733 as reported on MW- 2012 -04) Total $443,340.00 $369,491.00 $352,545.00 Difference $ 72,088.00 $(50,140.00) $(33,148.00) Staff are expecting an increase this year again in the number of restoration jobs from the mild weather in early winter followed by increased plow operations and main breaks due to below average temperatures in mid winter. The budget has been increased accordingly. The results of this years tenders, as opened on February 15, 2013 are as shown on the attachment. CITY'S STRATEGIC COMMITMENT This report is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. March 26, 2013 - 4 - MW- 2013 -09 LIST OF ATTACHMENTS None Recommended by: Respectfully submitted: Sue Wheeler /Geoff Holman Geoff Holman, Director of Municipal Works i Ken Todd, Chief Administrative Officer Niagaraaa1ls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2013 -10 Chippawa Parkway Watermain Replacement Flynn Court and Cook Street Reconstruction Contract #2013 - 211 -08 - Tender Award MW- 2013 -10 March 26, 2013 RECOMMENDATION 1. The contract be awarded to the lowest bidder, Alfidome Construction Ltd, at the tendered price of $521,266.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY City staff completed the design and contract documents for the proposed watermain replacement on Chippawa Parkway and the reconstruction of Flynn Court and Cook Street (Woodland Boulevard to Prince Edward). Tenders for this contract were opened on Tuesday February 26, 2013. The lowest bid of $521,266.00 was received from Alfidome Construction Ltd. and is being recommended for acceptance. BACKGROUND The watermain on Chippawa Parkway was identified as needing replacement by our Infrastructure staff. The road condition on Flynn Court is poor, the watermain and sanitary sewer are currently under sized. It is for these reasons Flynn Court has been identified as needing a full reconstruction by our Infrastructure Group. The road condition on Cook Street is poor and there are no sidewalks on this section of the street. City Staff have received complaints about the current road condition. Patching has been completed, but the road has deteriorated past the point where patching is effective. The watermain was also identified as needing replacement. It is for these reasons that Cook Street has been identified as needing a full reconstruction by our Infrastructure Group. These three projects were combined and tendered as a package in order to attract more competitive pricing. March 26, 2013 -2- MW- 2013 -10 The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean lorfida, the Manager of Supply and Services, Mr. Ray Miller, and the Project Manager Mr. Chris Anders, opened tenders on Tuesday, February 26, 2013 at 1:30 p.m. for the above noted contract. Tender documents were picked up by thirteen (13) Contractors and nine (9) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold. Firm 1. Alfidome Construction Ltd 2. Nexterra Substructures 3. Centennial Infrastructure 4. O'Hara Trucking & Excavating 5. Alfred Beam Ltd 6. Demar Construction 7. Tedescon Infrastructure 8. Peter's Excavating 9. Provincial Construction City Niagara Falls Niagara Falls Niagara Falls St. Catharines Fort Erie Niagara Falls Klienburg Niagara Falls Niagara Falls Tender Price Corrected Bid $521,266.00 $540,087.00 $577,815.00 $598,405.75 $634,884.50 $679,152.48 $693,000.00 Informal Tender Informal Tender $679,149.70 The submissions received from Peter's Excavating and Provincial Construction were deemed to be informal tenders. Peter's Excavating failed to provide a unit price and Provinvial Construction contained strikeouts that were not initialled. Under the Niagara Peninsula Standard Contract Documents (NPSCD) Section 4.0 Instructions for Bidders subsection 6.0, the following constitute an informal tender: A tender shall be rejected as informal for any of the following reasons: a) b) c) d) e) f) g) Late bid Incorrect tender form or envelope Bids completed in pencil Incomplete bids, including failure to include addendum Bids with qualifications Bids not signed and /or sealed Erasures, overwriting or strikeouts not initialled Tender award will be made on the basis of the specified items. Items d) and g) apply to the submissions provided making them informal tenders. This matter was reviewed by the City Solicitor and the City Clerk. ANALYSIS /RATIONALE The lowest tender was received from Alfidome Construction Ltd in the amount of $521,266.00. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. March 26, 2013 FINANCIAL IMPLICATIONS -3- MW- 2013 -10 Funding has been provided in the 2011/2012 Capital Budget: Flynn Court $172,300.00 Chippawa Parkway $258,500.00 Cook Street $266,100.00 $696,900.00 CITY'S STRATEGIC COMMITMENT Implementation of this Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure sustainability. ATTACHMENT 1. Location Plan - Chippawa Parkway 2. Location Plan - Cook Street 3. Location Plan - Flynn Court Recommended by: Geoff Holman, Director of Municipal Works II 1 RespectFu y submitted: Ken Todd, Chief Administrative Officer Chris Anders /Geoff Holman Chippawa Parkway Watermain Replacement MW- 2013 -10 Attachment #1 1 1 1 1 1 ■ W w NI �� EE AV _r_ liari HIUSDALE AV � I.•r• S .� HIGHLAND AV HIGHLAND AV HIGH HIGHLAND AV t- mow 8 11111111111 � ■� GLENHOLME AV GLENHOLME AV GLENHOLME AV BYNG AV 11 BYNG AV ° ilIlIlIll _ iiiIIIIlIIz ° w 111111111 11 J Ilin11111111 111111111 11111111111 x Eiral 11' ililIlIlIll PRINCE EDWARD AV -E E'er- PRINCE EDWARD AV 111111!! PRINCE EDWARD AV W J W W WOODLAND BV WOODLAND BV `� DORCHESTER RD DORCHESTER RD DORCHESTER RD MIMS 111 It i 11111111 u L W w w J iiiiiiiIII LrL CC w UJ W INN U- a L) m t7 al Street Reconstruction O O u MW- 2013 -10 Attachment #2 z O ONTARIO AV b- z ce O ST CLAIR AV 1— AV Olbvirvo 1I 1 ST CLAIR AV H N z 0 N O CRYSLER AV 111 AV ST LAWRENCE AV z O Ece O z 0 O N J J CRYSLER AV N 0 c ST LAWRENCE AV 4 V °M AO IA 1 �n i1uk N w U 0 BUCKLEY AV BUCKLEY AV ST CLAIR AV I1I1IlIII! LI CRYSLER AV ST LAWRENCE AV O iIllhIIiie 0 u ce •' U.1 z z wog MIN Mum Era i1111 MINN 0 O z d „, AV NOIL 1 VICTORIA AV VICTORIA AV z O 1 1 Imz MW- 2013 -10 Attachment #3 MW- 2013 -11 Niagaraj'alls March 26, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2013 -11 2013 Water Conservation Program RECOMMENDATION That Council approve the 2013 Water Conservation Program including the Low -flow Toilet Replacement rebate program and the Rain Barrel program and that funding in the amount of $44,000 be included in the 2013 Municipal Utility Budget for these programs. EXECUTIVE SUMMARY The cost of providing water and wastewater services to the community are expected to increase marginally from year to year in order to cover the fixed costs of operating the systems and increasing requirements from senior governments for additional quality control and monitoring. The City is obligated to fund the delivery of these services from user fees generated through water rates and sewer surcharges. Current economic conditions are forcing many homeowners to look at their consumption habits and practices to offset these annual increases. Clean potable water is abundant in Canada however on a world wide basis it is a limited commodity. From the perspective of infrastructure sustainability and environmental stewardship it is important that residents do what they can to manage their water consumption and wastewater flows. To assist in this regard staff are once again proposing a two - pronged water conservation program for this year targeting both indoor and outdoor water use. The Low -flow Toilet Replacement Rebate Program allows homeowners an opportunity to replace older, less efficient, toilets with new models that require as little as 4.8 litres per flush. As of January 1, 2011 the sale of all 13 litre (or greater) toilets were no longer permitted under the Ontario Building Code for new installations. The Rain Barrel Program has been offered in the past and has been very successful. This program is usually a one day event often coordinated with other community events such as Earth Week. There are many details and coordination issues to be worked out in the interim period however staff is looking for Council's direction and endorsement for this year's program. March 26, 2013 - 2 - MW- 2013 -11 BACKGROUND Canada is fortunate to have about 20% of the world's freshwater resources and it is easy for Canadians to take this valuable natural resource for granted . In fact, we consume on average 343 litres of water per capita per day (lcd). This is remarkable compared to other cultures and countries like Israel (135 lcd) or Sweden (200 lcd). In an effort to reduce our water usage, municipalities have developed water metering programs, incentives for water efficient technology (i.e. low flow toilets, shower heads, etc.), grey water management (i.e. rain collection systems, rain barrels, etc.) and education around water resources. At its meeting on May 31, 2011, City Council passed a motion directing staff to investigate a program to encourage variable flush toilets. Staff have conducted extensive research into toilet tank retrofits that offer claims of cost savings and water conservation. These products are fairly new and unproven and therefore staff are reluctant to implement this program until more technical data can be obtained from various suppliers. Since the Replacement Rebate program offers more certainty with respect to flow reduction it is recommended that we offer it first. City Council has historically adopted strategic priorities that embrace infrastructure sustainability and environmental stewardship. Since 2002 Municipal Works, in collaboration with the Recreation & Culture Department has offered Niagara Falls residents the opportunity to purchase Rain Barrels at a discount to reduce the City's use of potable water. More than 6500 rain barrels have been sold over ten years as part of this outdoor water conservation initiative. Following a review of water conservation programs, it was noted that toilets represent the largest single use of household water. In fact, a third of the normal water consumption in an average household is from flushing toilets. Recent 6L per flush rebate programs have recorded dramatic reductions in water consumption as well as cost savings (i.e. related to water usage) to the home owner. In 2013, in an effort to promote indoor water conservation practices, the low flow toilet incentive /rebate program is proposed to continue. ANALYSIS /RATIONALE High Efficiency Toilet Replacement Rebate Program A high efficiency toilet replacement program provides the quickest return of water savings at the residential level. Toilets represent the largest single use of household water at 28 %. Since 1998, the building code has mandated low -flow toilets be installed in new homes. Most homes in Niagara falls, were built before this time and therefore do not realize the benefits of low- flush, and more recently high efficiency toilets. Replacement of non - efficient toilets (using 13 to 20 litres per flush) with efficient toilets (using no more than 6 litres per flush) has a potential for great savings in water consumption and associated costs. March 26, 2013 - 3 - MW- 2013 -11 Implementation of the Program: Pending budget approval residents of Niagara Falls will once again be offered an incentive /rebate of $60.00 toward the purchase of high efficiency toilets (maximum of two per household) to replace inefficient toilets. The incentive /rebate amounts are for residents of Niagara Falls purchasing a maximum of two high efficiency toilets per household to replace inefficient toilets. The rebate will apply to single and multi - family residential units only, and is available to the owner of the residence who can provide proof of an active current water service account with the City at that residence. The rebate amount is for $60.00 per toilet and will be awarded on a first come first serve basis up to the program budget of $30,000. Only toilets meeting the US EPA WaterSense Performance Standard Guidelines and purchased in this calendar year from a Canadian retailer will qualify. The WaterSense standards require toilet models to be high efficiency (3.0 litre or 4.8 litre per flush) and must include chemical resistant trim components and minimum flush capacity of 350 grams. A list of WaterSense Labeled and Approved toilets is available for download on the City's website, or at City Hall at either the Municipal Works or Finance Departments. Upon acceptance of the program rebate application, a credit will be applied to the applicant's water service account. Proof may also be required that the toilet was actually installed in the applicant's residence. In addition, the program requires the disposal of the old inefficient toilets to ensure they are no longer in circulation. The City of Niagara Falls reserves the right to arrange an inspection of the newly installed high efficiency toilet or request proof of the installation. The 2013 Low Flow Toilet Rebate Program will be advertised on the City's website in consent with the program re -start following budget approval. Rain Barrel Program The Rain Barrel Program has been popular in the past and helps to reduce fresh water usage for outdoor watering. Rain Barrel sales are run on a first -come first -serve basis with a predetermined number of rain barrels to sell. The last Rain Barrel sale held in April 2011 sold 500 Rain Barrels which were offered with the option to reserve or pre- pay. A limit of two barrels per property was followed with strict instructions that barrels must be picked up by the end of the sale or resold. This is due to the lack of storage space to hold any remaining barrels. Compliance was very good and the City did not resell any pre - sold barrels. Rain Barrels were reserved quickly with about 140 residents on a waiting list. In 2013 the City plans to order 624 Rain Barrels (transported in batches of 312 per truck - trailer). The City's manufacturer cost remains at $45.00 plus tax and freight per rain barrel. Retail value is approximately $95.00. The rain barrels are sold to residents of Niagara Falls for $30.00. The City subsidizes each unit by $15.00 from the Utility Budget. The one day rain /shine sale occurs on a Saturday for the residents convenience. March 26, 2013 - 4 - MW- 2013 -11 The Rain Barrel sale will be advertised on the City's website and social media sites as well as the local newspaper. Once all the rain barrels are reserved the City website also directs residents to other rain barrel sales being held. FINANCIAL IMPLICATIONS Funds for the Low -flow Toilet Rebate and the Rain Barrel programs are identified in the 2013 Utility Budget. Low -flow Toilet Rebate Program: 2011: 111 rebates were processed for a total of $6,660 (5 applications were rejected). 2012: 208 rebates were processed for a total of $16,800 (10 applications were rejected). There are 23 applications in the pending file. 2013 toilet replacement rebates are estimated to reach a maximum of 500 units at $60.00 for a total investment of $30,000. Rain Barrel Program: Staff will order 624 rain barrel units at a cost of $45 per unit, plus advertising costs. After the funds from the rain barrel sale the net cost of the subsidy is $14,000. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's strategic priority to ensure effective delivery of core municipal services. LIST OF ATTACHMENTS 1. WaterSense Labeled Toilets - Information Sheet Recommended by: Respectfully submitted: Geoff Holman /Kent Schachowskoj /Selene Tudini Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer WaterSense® Labeled ` oilets are by far the main source of water use in the home, accounting for nearly 30 percent of resi- dential indoor water consumption. Toilets also happen to be a major source of wasted water due to leaks and /or inefficiency. WaterSense, a program sponsored by the U.S. Environmental Protection Agency (EPA), is helping consumers identify high - performance, water - efficient toilets that can reduce water use in the home and help preserve the nation's water resources. What Are WaterSense Labeled Toilets? Recent advancements have allowed toilets to use 20 percent less water than the current federal standard, while still providing equal or superior performance. The WaterSense label is used on toilets that are certi- fied by independent laboratory testing to meet rigor- ous criteria for both performance and efficiency. Only high - efficiency toilets that complete the third -party certification process can earn the WaterSense label. How Much Can WaterSense Labeled Toilets Save? Over the course of your lifetime, you will likely flush the toilet nearly 140,000 times. If you replace older, existing toilets with WaterSense labeled models, you can save 4,000 gallons per year with this simpler, greener choice. Feb■!;ary 2003 Toilets What About Price? F.PA WaterSense WaterSense labeled toilets are available at a wide variety of price points and a broad range of styles. EPA estimates that a family of four that replaces its home's older toilets with WaterSense labeled models will, on average, save more than $90 per year in reduced water utility bills, and $2,000 over the life- time of the toilets. Additionally, in many areas, utili- ties offer rebates and vouchers that can lower the price of a WaterSense labeled toilet. And Performance? Unlike some first - generation, "low - flow" toilets, WaterSense labeled toilets combine high efficiency with high performance. Design advances enable WaterSense labeled toilets to save water with no trade -off in flushing power. In fact, many perform better than standard toilets in consumer testing. Look for the WaterSense Label! Whether remodeling a bathroom, start- ing construction of a new home, or /atiQSt. simply replacing an old, leaky toilet . `� 1 installing a WaterSense labeled toilet is --- a high - performance, water - efficient option worth considering. If every American home with older, inefficient toilets replaced them with new WaterSense labeled toilets, we would save nearly 640 billion gallons of water per year, equal to more than two weeks of flow over Niagara Falls! Go to <www.epa.gov /watersense> for more information. that is wasting money and water, (866! VVTR -SENS (987 -7367) www.epa.c)ov /watersense watersense @epa.gov Rec L.hl — ted ,.'tn Vegelatle J I La, ..o Ink, 'n 100`_ P'o,ety C,A00ne Free Recycled Pape, EPA EPA- 832 -F -06 -018 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PBD- 2013 -25 March 26, 2013 SUBJECT: PBD- 2013 -25 PLC - 2013 -005, Request for Removal of Part Lot Control Lots 1, 2, 65 -69 (Inclusive), 78, 79, 128- 131(inclusive) and 140 -144 (Inclusive) Registered Plan 59M -388 Warren Woods Phase 1 Subdivision Applicant: Armstrong Hunter and Associates RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 1, 2, 65 -69 (inclusive), 78, 79, 128- 131(inclusive) and 140 -144 (inclusive) on Registered Plan 59M -388, as exempt from Part Lot Control for a period of three years; and 2. That the developer be required to notify the City when the new deeds for the lots have been registered. EXECUTIVE SUMMARY Armstrong Hunter and Associates has requested that Council pass a by -law to exempt the lands from being subject to Part Lot Control to allow the splitting of 18 lots, originally intended for semi - detached dwellings, into two lots each for one family detached dwellings (36 total lots). 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; • Minor Variance A- 2012 -034 permits the proposed parcels sizes; and • the by -law will permit each lot to be divided into two parcels, a one - family detached dwelling to be constructed on each parcel and each property to be sold. BACKGROUND Proposal Armstrong Hunter and Associates has submitted a request to have Part Lot Control removed from Lots 1, 2, 65 -69 (inclusive), 78, 79, 128- 131(inclusive) and 140 -144 (inclusive), in the Warren Woods Phase 1 plan of subdivision. Lots 1, 2, 128 and 129 are on the west side of Dogwood Crescent; Lots 78, 79, 130 and 131 are on the east side of Dogwood Crescent; Lots 68, 9, 140 and 141 are on the west side of Cottonwood Drive; Lots 65, 66, 67, 142, 143 and 144 are on the east side of Cottonwood Drive. 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 two separate parcels for single March 26, 2013 - 2 - PBD- 2013 -25 detached dwellings from each of the 18 Tots originally intended to be developed for semi- detached dwellings. Refer to Schedule 2 for further detail. ANALYSIS /RATIONALE The lands are located within the Warren Woods Phase 1 plan of subdivision (59M -388) which was registered in 2012. The subdivision contains a mix of lots for one family detached dwellings, semi - detached dwellings and blocks of land for on- street townhouses and group townhouse dwellings. The proposed parcel configurations are shown on the attached reference plan (Schedule 2). The lands are zoned Residential Mixed (R3 -854) by Zoning By -law No. 79 -200, as amended by By -law No. 2009 -51. Minor Variances (A- 2012 -034) were granted on January 15, 2013 to permit a reduced lot frontage of 9.1 metres (29.8 feet) and lot area of 270 square metres (2906 square feet) to facilitate the division of each lot into two parcels for one family detached dwellings. The proposed parcels comply with the R3 -854 zone as modified by Minor Variance A- 2012 -034. 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 lot can be divided into two separate parcels and developed with one family detached dwellings. Part Lot Control has been requested to be lifted for three 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 the subject lots based on 36 units. There are no financial implications to the applicant's request because the development charge rate is the same for one family detached dwellings and semi - detached dwellings and the total number of dwelling units is not changing. 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: J244frJJ Ken Todd, Chief Administrative Officer D. Deluce:mb Attach. S: \PDR\2013 \PBD- 2013 -25, PLC - 2013 -005, Multiple Lots Plan 59M- 398.wpd March 26, 2013 - 3 - SCHEDULE 1 PBD- 2013 -25 March 26, 2013 - 4 - SCHEDULE 2 PBD-2013-25 G-5 t-7 - fG DOGWOOD ' COTTONWOOD - I , BUTTERNUT -; 4 1 •-;, NNW I CRESCENT — DRIVE BOULEVARD c-5 KALAR ROAD Niagara�alls C 1 N 1 D 1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PBD- 2013 -29 March 26, 2013 SUBJECT: PBD- 2013 -29 Matters Arising from Municipal Heritage Committee Request to Designate 4888 Hunter Street RECOMMENDATION That Council direct staff to issue a Notice of Intention to Designate for the property at 4888 Hunter Street, Niagara Falls under Part IV of the Ontario Heritage Act, R.S.O. 1990. EXECUTIVE SUMMARY The owner requested the property be designated and the Municipal Heritage Committee has determined that it meets the criteria in Regulation 9/06 of the Ontario Heritage Act and therefore recommends that it be designated. ANALYSIS /RATIONALE In 2008, Denis Lepage, the owner of 4888 Hunter Street requested that his property be designated. Mr. Lepage passed away sometime after the request; his daughter, to whom the house was bequeathed, has requested to continue with her father's desire to have the property designated. The Municipal Heritage Committee has reviewed the property using the criteria in Regulation 9/06 of the Ontario Heritage Act which is used for determining the Cultural Heritage Value or interest of a property prior to designation. The Ontario Heritage Act considers a property appropriate for designation if it meets one or more of the following criteria: Has design value or physical value because it is rare or unique; Has historical value or associative value, being a direct association with a theme, event, belief, person, activity, organization or institution that is significant to a community; Has contextual value because it is important in defining, maintaining, or supporting the character of an area, is physically, functionally, visually or historically linked to its surroundings or is a landmark. March 26, 2013 - 2 - PBD- 2013 -29 The Municipal Heritage Committee has determined that the property at 4888 Hunter Street has associative value for its connection with the Niagara Falls International Camp Meeting Association which was a religious group that established the area around Epworth Circle for a summer retreat area that was to be used as a "campground ". When this idea failed, the lots that were associated with the group were sold off by a lottery. The house can be described as a Queen Anne Revival style although smaller in scale and lacking some of the detail normally associated with the typical Queen Anne style. Recognizable elements include high pitched roof in the gables, square tower in ell, pyramidal tower roof with finial and verandah in ell, with Doric columns. The original siding has been replaced with pebbledash finish. The contextual value is found in the relationship to the Methodist Camp Association's existence in the City. By virtue of its location, very near the site of the Methodist campground and by virtue of the title search which shows the owners as the Niagara Falls Methodist Camp Meeting Association, it can be directly associated with this religious event and activity of that period. According to the title search of the property, Lot 472 is known to have been owned along with a number of lots by the Camp Meeting Association in 1885 and sold to Abigail Daniels in 1888. In 1904, Abigail and Josiah R. Daniels sold the lot to Edith H. Book. According to Pages Historical Atlas, Wesley Park's President was a Rev. J. R. Daniels. Edith H. and Anson A. Book sold the property to William H. Dunmead in 1905 and a mortgage was placed on the property at that time, giving some indication that the house was built around that time. It was twenty years after the lot was owned by the Camp Meeting Association that the house was built. The Municipal Heritage Committee recommends to Council that staff be directed to issue a Notice of Intention to Designate for4888 Hunter Street due to its Cultural Heritage Value and Interest to the City of Niagara Falls. LIST OF ATTACHMENTS ► Schedule 1 - Photo of House Recommended by: it; Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: ' P.Boyle:mb Attach. K n Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -29, Matters Arising from MHC.wpd March 26, 2013 - 3 - SCHEDULE 1 PBD- 2013 -29 co D cn CITY OF NIAGARA FALLS By -law No. 2013- A by -law to authorize the execution of an Agreement of Purchase and Sale with Brian Sadusek, 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 Brian Sadusek, as Vendor, and The Corporation of the City of Niagara Falls, as Purchaser, for the property described as Part 4 on Reference Plan 59R -783, in the City of Niagara Falls, in the Regional Municipality of Niagara, 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 March, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013. March 26, 2013. March 26, 2013. AGREEMENT OF PURCHASE AND SALE BUYER: Brian Sadusek ( "Buyer ") Agrees to purchase from: SELLER: The Corporation of the City of Niagara Falls ( "Seller") THE PROPERTY: In the City of Niagara Falls, Regional Municipality of Niagara, Province of Ontario: and described as Part 4, 59R -783 (the "property") Upon the following terms: CHATTELS INCLUDED: none FIXTURES EXCLUDED: none RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price: none arcil y r3 �W The Buyer agrees to assume the rental contract(s), if assumable. IRREVOCABILITY: This Offer shall be irrevocable by Buyer until 11:59 P.M. on the rind day of duty,-2012, after accepted, this Offer shall be null and void and the deposit shall be returned to the Buyer in full wit5ojt4terest. COMPLETION DATE: This Agreement shall be completed by no later th -' Js0 P.M. p.m. on the 28th day of SeptETTIVOT721312. Upon completion, vacant possession of the property I be given to thy� , ;,r ipoplWise provided for in this Agreement. REQUISITION DATE AND TIME: 5 :00 P.M. on the 14th day of PRESENT USE OF THE PROPERTY: Vacant Land Z`u PURCHASE PRICE: Ten Thousand Dollars ($10,000.00) HST: Any Harmonized Sales Tax (H.S.T.) applicable to this transaction shall be included in the Purchase Price. DEPOSIT: Buyer submits herewith the sum of One Thousand Dollars ($1,000.00) cash or negotiable cheque payable to The Corporation of the City of Niagara Falls to be held in trust pending completion or other termination of this Agreement and to be credited to the Purchase Price on_pompletion. ( }1 aye �{ z,,, /; S h, n 41."'- jz o 1 9'FrL^ c-�tt r Thi 5 Lc .y� js 411- 44-e,/u '� J 4i4 G1C -r.Cr cr lr cr vxn u , /✓, cir�L /LS a Gc ., i`t vr� > v� 3 c °'t1 BALAtCE: he balance of the Purchase Price shall be paid by Buyer as ollows: 'ice S C (f ' r STANDARD TERMS 1. NOTICES: Any notice relating hereto or provided for herein shall be in writing. The offer hereby made, 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 below, when hand delivered during normal business hours to the office of the solicitor for the party to be notified, or where a facsimile number for that party is provided herein, when transmitted electronically to that facsimile number. 2. PAYMENT OF HARMONIZED SALES TAX (H.S.T): If this transaction is not subject to H.S.T., Seller agrees so to certify to Buyer on or before closing. If this transaction is subject to H.S.T., then: (a) (If H.S.T. included): if the H.S.T. is included in the Purchase Price Seller shall remit the tax in accordance with the legislation and shall, notwithstanding the completion of this transaction, indemnify and save Buyer harmless therefrom, provided that if Buyer is a H.S.T. registrant, Buyer shall deduct the H.S.T. from the proceeds of sale on completion, shall remit the same in accordance with the legislation and shall, notwithstanding the completion of this transaction, indemnify and save harmless Seller therefrom; (b) (If H.S.T. in addition): if the H.S.T. is in addition to the Purchase Price Buyer shall pay the tax to Seller on completion, Seller shall remit the same in accordance with the legislation and shall, notwithstanding the completion of this transaction, indemnify and save Buyer harmless therefrom, provided that if Buyer is a H.S.T. registrant, Buyer shall instead remit the tax in accordance with the legislation and shall, notwithstanding the completion of this transaction, indemnify and save harmless Seller therefrom; (c) (Proof of Buyer's registration): if Buyer is a H.S.T. registrant, Buyer shall, prior to completion, furnish to Seller proof of such registration. MARTIN SHEPPARD FRASER LLP, Barristers & Solicitors 4701 St. Clair Avenue, Box 900, Niagara Falls, ON L2E 6V7 2 3. TITLE SEARCH: Buyer shall be allowed until the Requisition Date and Time set forth above 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 Agreement 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 as described above may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders or deficiency notices affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 4. FUTURE USE: Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 5. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, 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 providing that such are complied with; (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; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 3 any valid objection to title or to an outstanding work order or deficiency notice, or to the fact 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 Seller and which Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire in favour of the Buyer and any mortgagee, (with all related costs at the expense of the Seller), and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or deduction and Seller shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Buyer shall be conclusively deemed to have accepted Sellers title to the property. 6. CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retains 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 L 4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing funds, non - registrable documents and other items (the "Deliveries ") and the release thereof to the Seller and Buyer will (a) not occur contemporaneously with 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 receiving any of the Deliveries will be required to hold some or all of them in trust and not release same except in accordance with the terms of a document registration agreement between the lawyers, the form of which is recommended from time to time by the Law Society of Upper Canada. Unless otherwise agreed to by and between the lawyers, such exchange of the Deliveries will occur in the applicable Land Registry Office. 7. DOCUMENTS AND DISCHARGE: Buyer 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 Seller. If requested by Buyer Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act, S.C. 1991, Chapter 45, Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge and, where a real -time electronic cleared funds transfer system is not being used a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 8. INSPECTION: Buyer acknowledges having had the opportunity to inspect the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. 9. INSURANCE: All buildings on the . property and all other things being purchased shall be and remain until completion at the risk of Seller. Pending completion, Seiler 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 Buyer may either terminate this Agreement and have all monies 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 Seller is taking back a Charge /Mortgage, or Buyer is assuming a Charge /Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. 10. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control provisions of the Planning Act, R.S.O. 1990, Chapter P.13 by completion and, unless otherwise provided herein, Seller covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 11. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Seller, and any Charge /Mortgage to be given back by Buyer to Seller at the expense of the Buyer. If requested by Buyer, Seller covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50 (22) of the Planning Act aforementioned. 12. RESIDENCY: Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Buyer's liability in respect of tax payable by Seller under the non - residency provisions of the Income Tax Act, R.S.C. 1985, Chapter 1 (5th Supp.) by reason of this sale. Buyer shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller is not then a non - resident of Canada. 13. 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 Buyer. 14. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for the doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Seller and Buyer or by their respective lawyers who are hereby specifically authorized in that regard. MARTIN SHEPPARD FRASER LLP, Barristers & Solicitors 4701 St. Clair Avenue, Box 900, Niagara Falls, ON L2E 6V7 3 15. TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. 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. 16. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990, Chapter F.3 unless Seller's spouse has executed the consent hereinafter provided. 17. UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the property, Seller has not caused any building on the property to be insulated with insulation containing urea formaldehyde, and that to the best of Seller's knowledge no building on the property contains or has ever contained insulation that contains urea formaldehyde. 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. 18. CONSUMER REPORTS: The Buyer is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 19. AGREEMENT IN WRITING: This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For the purposes of this Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required by the context. 20. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. 21. INTERPRETATION: In the event of any conflict between anything contained in the immediately preceding 20 enumerated paragraphs ("STANDARD TERMS ") and the provisions contained in any other part of this Agreement or contained in any Schedule hereto the provisions of such other part or Schedule shall prevail. DATED at Niagara Falls this 23rd day of July, 2012 SIGNED, SEALED AND DELIVERED in the presence of: Witness The undersigned Seller hereby accepts the above offer. DATED at SIGNED, SEALED AND DELIVERED in the presence of: hereunto set my hand and seal: this day of IN WITNESS WHEREOF I, Buyer, have hereunto set my hand and seal: • Date: (Seal) • Date: (Seal) Buyer: IN WITNESS WHEREOF I, Seller, have Witness Witness • Date: Seller: The Corporation of the City of Niagara Falls (Seal) • Date: Seller: (Seal) SPOUSAL CONSENT: The undersigned Spouse of Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law Act, R.S.O. 1990, and hereby agrees with Buyer to execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. Witness • Date: Spouse (Seal) BUYER INFORMATION Address for service: Address for service: SELLER INFORMATION MARTIN SHEPPARD FRASER LLP, Barristers & Solicitors 4701 St. Clair Avenue, Box 900, Niagara Falls, ON L2E 6V7 4 Facsimile: Facsimile: Solicitor: Martin Sheppard Fraser LLP - James Rocca Solicitor: 4701 St. Clair Avenue, 2nd Floor P.O. Box 900 Niagara Falls ON L2E 6V7 Tel: 905-354-1611; 800-263-2502 Fax: 905 - 354 -5540 MARTIN SHEPPARD FRASER LLP, Barristers & Solicitors 4701 St. Clair Avenue, Box 900, Niagara Falls, ON L2E 6V7 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 2006 -205 to remove the holding symbol (H) on part of the lands on the west side of Tallgrass Avenue, south of Saw Mill Way, to allow development on a portion of the Chippawa West, Phase 2 Plan of Subdivision (AM- 32/2005). WHEREAS By -law No. 2006 -205 includes land use holding prohibitions that have the effect of zoning the lands R3 (H) 760; AND WHEREAS 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. AND WHEREAS the purpose of this by -law is to remove the land use holding prohibitions set out in By -law No. 2006 -205 on the Lands, to have the effect of zoning the Lands R3 760; AND WHEREAS the purpose of this by -law is to amend By -law No. 2006 -205 such that the provisions of By -law No. 2006 -205 concerning the permitted uses and governing regulations for the Lands will be of full force and effect from the date of this by -law; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By -law No. 2006 -205 with respect to the Lands, has been achieved and that the condition required for the removal of the holding provisions of By -law No. 2006 -205 has been fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By -law No. 2006 -205 would be removed and the permitted uses and regulations set out in the by -law would be implemented once the condition(s) set out in By -law No. 2006 -205 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36 (4) of the Planning Act R.S.O. 1990 c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By -law No. 2006 -205 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands. 3. The balance of By -law No. 2006 -205 is hereby declared to be in full force and effect on the Lands. Passed this twenty -sixth day of March, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013 March 26, 2013 March 26, 2013 S:A ZONING \AMS\2005\Ry- laws\Byam032 #2.wpd SCHEDULE 1 TO BY -LAW No. 2013- Subject Land Description: Amending Zoning By -law No. 79 -200 Pt Lt 20, Con 3 Willoughby; Subject to an Easement as in SN169213; City of Niagara Falls Applicant: Queensway Chippawa Properties Inc K: \GIS_Requests \2005 \Schedules \zon i ngAM \AM- 32 \mapping2013. map N P 1:NTS AM- 32/2005 March 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize a Transfer, Release and Abandonment of Easement to release easements registered as Instrument Number SN322420 over Parts 72 and 73 on Reference Plan 59R- 14518. WHEREAS the easements registered in 2011 as Instrument Number SN322420 over Parts 72 and 73 on Reference Plan 59R -14518 are no longer required on title to the property; 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: 1. The Transfer, Release and Abandonment of Easement to release the Transfer of Easement registered as Instrument Number SN322420 as it applies to Parts 72 and 73 on Reference Plan 59R- 14518, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -sixth day of March, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013. March 26, 2013. March 26, 2013. CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "D1" and that Schedule "DI" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedule "D6" and that Schedule "D6" attached hereto shall be inserted in lieu thereof. Passed this twenty -sixth day of March, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013. March 26, 2013. March 26, 2013. SCHEDULE "D1" FACTORY ONE OUTLET MALL 1 Parking By -law Enforcement Officers on private property: Brandon Cassar Ryan Comeau Enrico Cupiraggi Nick Galotta Eli Hoffmann Steven Lott Bruce McDonald William McMillan Jose Montoya Jeffery Charles Petrullo SCHEDULE "D6" NIAGARA SQUARE SHOPPING CENTRE 1. Parking By-law Enforcement Officers on private property: Catharine Danicki Craig C. Doig Geoffrey Hood Robert Mascia Nick Tabbert Robert Tweedy Eric Wilcox 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. (Metered Areas) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, Schedule ``G" as amended. is hereby repealed and replaced with the following Schedule a) by deleting from Schedule "G" thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM /DAYS TIMES Armoury St. North Victoria Ave. and Second Ave. 50.50 1 hour 2 hours 8:00 a.m. to 6.00 p.m. 50 25 30 min Except Sundays and 50.10 I'_ min Holidays 50.05 6 min Bridge SL South Zimmerman Ave- and Erie Ave. SO.75 1 hour 2 hours 9:00 a_m to 5'.00 pm. S0 25 20 min Except Sat Sundays and Holidays Buchanan Ave Both Spring Street and Ferry Street SI 50 1 hour 2 hours 8 -00 a.m. to 1200 a.m_ Daily 07 08 50.2510 minutes 5.025 minimum payment Bridgewater St. North Laura Secord PI. and Cummington 50 .50 1 hour 2 hours 8:00 a.m. to 6.00 pan. Sq. West 50.25 30 min Except Sat., Sundays and SO 10 12 min Holidays Centre St. North Victoria Ave. and McGrail Ave. SI 50 1 hour 2 hours 8.00 a.m. to 12.00 a m_ -2- 07'08 8025 '10 min Clark Avenue Both Ferry Street and Robinson St. S 150 /hour 0708 $0.25 /10 minutes $8.00/8 hours Clifton Hill Both 0708 Cummington Sq. Both West Cumming-ton Sq. Both East Ellen Aye. South 07 08 Erie Avenue East 1109 Falls viem, Blvd Both 0'.08 Fallsstew BEd East 07 08 Ferry St. Both 0708 Ferry St Both 07 08 Ferry St South 0708 Ferry St. North Fern St. Hunter Street 07 08 Huron St_ Falls Ave and Victoria Ave. Bridgewater St. and Main St. Bridgewater St. and Main St Walnut Sr _ and Ferry. St_ Bridge Street and Park Street Ferry Street and Robinson Street Robinson Street and Murray Street Victoria Ave and Ellen Ave Ellen Ave_ and Faltsyiew Blvd. 1st spot west of Clark St Stanley Ave. and Gladstone Ave. SI.50'I hour 5025; (0 min SO 50 hour 5025 / 30 min 50 10 ; 12 min 50.05 -6 min SO 50 /1 hour 5015 / 30 min SO 10 'l2 min 50.05 !6 min $150 '1 hour 50.25 /10 min $0 75 / I hour S0.25 20 min $1 50 /1 hour 50.25 -10 minutes 88.00/8 hours 51.50, hour $025/ 10 minutes 5L 50'I hour 50 25 /10 min SI 50 /1 hour 5025.10 min S I.50; I hour 5025 /10 min 50.75 "1 hour 5025 20 min 50.10/8 min SO 05 -4 min Both Gladstone Ave. and Main St. S0 75 /1 hour 50.25 120 min SO 10/8 min SO 05,4 min Northeast A point 20 metres northwest of Victoria Avenue and a point 125 metres northwest of Victoria Avenue 51 50 /hour $025/10 min 88.00/8 hours South Ontario Ave. and St. Clair Ave_ 50 75 '1 hour SO 25 i 20 min S0 10 '8 min 50.05 %4 min Huron St. North Kitchener St South Kitchener Street South ((707 Laura Secord PI West Livingstone Street Both 07 08 Crssler Ave_ and St. Lawrence Ave. Portage Rd. and Stanley Ave. A point 65 metres west of Victoria Avenue and a point 100 metres west of Victoria Avenue Bridgewater St. and Main St. Stanley Aye and Fallsview Blvd 50 75 .1 hour 50.25 20 min $0.10 /8min 51.00 -1 hour $0.25 '15 min SI 00 /hour 5025, I5 min 50.05.4 min 5050 %I hour 50.25'30 min 51.50 hour 80.25/ 10 minutes 8 hours 2 hours 2 hour 2 hour Oct 1 - Mar 31 inclusive S.025 minimum payment 600 a.m. - 3:00 a_in. Daily SI 00 minimum payment 8.00 a..m_ to 3:00 am daily 5.025 minimum payment 8:00 a.m. to 6:00 p.m_ Except Sundays and Ftolidays 8.00 a.m_ to 0:00 p Sundays and Holiday 3 hours 8 00 a.m_ to 1 2:00 a -in. daily S_025 minimum payment 2 hours 9:00 a m_ to 5:00 p Saturdays. Sundays & Holidays 8 hours 5 hours 6:00 a_m - 3.00 a -in daily Daily 51.00 minimum payment 6:00 a.m. - 3:00 a.m. Daily S1.00 minimum payment 2 hours 8.00 a.m. to 1200 a.m_ daily 5.025 minimum payment 2 hours 8.00 am to 12:00 am daily 2 hours 2 hours 2 hours 800 a.m. to 12:00 a_in May I - Oct I 5.025 minimum payment 8:00 a.m_ to 6:00 p.m. Except Sundays and Holidays 8:00 a.m. to 6:00 p.m_ Except Sundays and Holidays 8 hours 8:00 a.m_ to 12:00 a.m_ Daily 51.00 minimum payment 4 hours 2 hours 9:00 a.m to 5:00 p.m_ Except Sat., Sundays and Holidays 9:00 a.m. to 500 p m. Except Sat.. Sundays and Holidays 2 hours 8:00 a.m. to 10:00 p m. daily 5.025 minimum payment 2 hours 8:00 a.m, to 12.00 a.m.daily 5.025 minimum payment 2 hours 8:00 a.m to 6:00 p.m, Except Sundays and Holidays 8 hours 6'00 a m. - 300 a.m_ Daily -3- S8 0(18 hours 51.00 minimum payment Main St East Peer St. And Robinson St. SO 75 1 hour 2 hours 8:00 a_m to 600 p.m. 11 04 50.25 20 min Except Saturdays. Sundays and 50 10 8 min Holidays 50.05 'd min Main Si _ East Peer St. And Summer St. 5075 1 hour 2 hours 8.00 am, to 6.00 p m_ 1104 SO 25 20 min Except Sundays and SO 10 8 min Holidays 50.05 4 min Main St. West Summer St and Culp St. SO.75 I hour 2 hour 8 -00 a.m. to 6 00 p m. 5025.20 min Except Sundays and S0 10 8 min Holidays SO 05 4 min Main Street Both Allendale Avenue, Murray Street and S 150 hour 2 hour 6:00 a.m - 3 00 a m 0708 Stanley Avenue 50.25 10 min Daily 51.0(1 minimum payment Main St.1Chippawa1 South Cummington Sq East and SO 50 1 hour 2 hour 8.00 a.m. to 6.00 p m. Willoughby Dr. SO 25 30 min Except Sundays and SO 10 12 min Holidays 50.05 6 thin Mato St t Chippawa) South Cumming-ton Sq. East and 5050: 1 hour 2 hour 8.00 a.m. to 6410 p m_ Willoughby Dr. SO 25 3G min Except Sundays and 50.10 12 min Holidays Main St Both North St and Summer St 51.00 1 hour 2 hours 8:00 a m- to 10.00 p m. 5025 15 mitt Daily Magdalen St. Last Victoria Ave. and Ellen Ave_ SI 50 1 hour 3 hours 800 a.m. to 12'00 am daily 07 08 5025 10 min 5.025 minimum pasment Magdalen Street Northeast Lewis Avenue and 51.50 1 hour 3 hours 8.00 am to 12.00 am Daily 06.09 McGrail Avenue SO 25 10 min 50.25 minimum payment McGrail Ave South Walnut St and Centre St S 150 1 hour 3 hours 8:00 a.nt to 12:00 a m. daily 07 08 SO 25 10 min 5.025 minimum payment McGrail Avc- South Magdalen and Centre St. S 150 1 hour 3 hours 8 00 a.m. to 12:00 a_m. daih 0708 5025 10 min 5.025 mtmmum payment Morrison St. South Buckley Ave and Victoria Aye. 50.75 I hour 2 hours 9:00 a.m. to 5.00 pin. SO 25 20 min Except Sat.. Sundaes and SO 10 8 mitt Holidays SO.05 4 min Ontano As e East Huron St_ and Morrison St. 50.'5 1 hour q hours 9:00 am - to 5.00 p m SO.25 20 min Except Sat_ Sundays and 50 10 8 min Holidays SO 05 4 min 50 05 6 min Ontario Ave- West Huron St. and Morrison St. 5075 1 hour 2 hours 9-00 am to 5:00 p M. 5025 20 min Except Sat -. Sundays and 50 10 8 min Holiday -s SO 05 d min Park St Both Zimmerman Ave. and Erie Ave 50 75 I hour 2 hours 9:00 a.m. to 5:00 p.m. 5015 20 inin Except Sat., Sundays and 50.10 8 min Holidays 50.05 4 min Park Street North Crvsler Avenue and a 50.75 ) hour 2 hours 9.00 a.m. to 5:00 p in_ 10.09 point 37 metres west of 5025 20 min Except Saturdays, St. Clair Avenue S0. 10 8 min Sundays and Holidays 50.05 4 Peer St. North Main St. and Sylvia Pl. 50.75: 1 (tour 2 hours 8:00 a.m. to 6.00 p.m. 50 25 20 thin Except Sundays and 50.10 8 min Elolidays 50 05 -t min 5.025 minimum payment Portage Rd. Both Kitchener St. and North St. 51.00 1 hour 2 hours 8:00 a.m to 10:00 p m. Dail■ 5025 15 min 5 025 minimum payment Queen Street South Zimmerman Avenue 50.75 I hour 2 hours 9100 a.m to 5:00 p nt. 04;10 & St Lawrence Avenue 5025 20 min Except Saturdays. Sundays SO 10 8 min and Holidays SO.05 1 min 50.25 minimum payment -4- Queen Street South Valley Way SO 75 1 1 hour 04,10 & Victoria Avenue $0.25 20 min S010,'8min 50.05 4 min 2 hours 9:00 a.m. to 5.00 p rn. Except Saturdays, Sundays and Holidays 5025 minimum payment Queen Street North Victona Avenue and a point 50.75/1 hour 2 hours 9:00 a.m_ to 5:00 pm 08;11 22 metres west of St- Clair Avenue 50.25/20 min Except Saturdays, S0 10 '8 min Sundays and Holidays 50.05 4 min SO 25 minimum payment Queen Street North St. Clair Avenue and $0.75' 1 hour 2 hours 9:00 a.m to 5 00 p m. 08, I 1 Zimmerman Avenue 50.25/20 min Except Saturdays, 50.10 8 min Sundays and Holidays 50.05 %4 min 50.25 minimum payment Queen Street North A point 10 metres west of 50.10 8 min 15 minutes 400 a.m_ to 5.00 p rn 05 10 St Clair Avenue and SO 05 ; 4 min Except Saturdays, Sundays a point 22 metres west of and Holidays St Clair Avenue Robinson St Both Fallsview Blvd. and Clark Aye. SI SOlhour 5 hours 6.00 am - 300 a.m daily 07 08 50 25,10 minutes Daily 5! 00 minimum payment Simcoe St. Buth Buckley Aye. and Victoria Ave_ SO 50 '1 hour 2 hours 8:00 a m to 6 :00 pin. 50 25 , 30 min Except Sundays and SO 10 '12 min Holidays 50.05 6 min St Clair Ace East Huron St. and Morrison St. SO 75 11 hour 2 hours 9:00 a.m. to 5:00 p m 50.25 ! 20 min Except Sat., Sundays and 50.10 '8 min Holidays 50.05 /4 min Valley Way Both Queen St. and Morrison St. 50.75 1 hour 2 hours 900 am to 5:011 pm. 5025 - 20 min Except Sat.. Sundays and $0.10 '8 min Holidays 50.05 .4 mm 8.025 minimum payment Victoria Ace_ Both Centre St- and Ferry St $1.50 "I hour 2 hours 8.00 a m to 12:00 a.m_ daily 0' 08 50.25/10 min S 025 minimum payment Victoria Ave Buth Morrison Street and Jepson Street S0 50 /1 hour 2 hours 8:00 a to 6400 pm. 06 5025 ' 30 minutes Except Sundays and 50.10 '12 minutes Holiday 50.05 '6 minutes Victona Ave. West Jepson St. and Stamford St. 80.50 1 hour 2 hours 8.O0am to 6:0Opm S0.05 '6 min Except Sundays and S0 10'12 min Holidays $0 25 30 min Victoria Aye. East Jepson Si. and Ryerson Cres. 5050 1 hour 2 hours 8.00am to 6.00pm 50.25 ' 30 min Except Sundays and SO 10 12 min Holidays Victoria Ave. East Valley Way and Morrison St. 50.75 ' I hour 2 hours 9:OOam to 5:0Opm 50 25 20 min Except Sat.. Sundays and SO 10 i8 min Holidays 50.05 !4 min Victona Ave. East Kincaid PI. and McDougall Cres. 50.50 "I hour 2 hours 8.00am to 6:O0pm 50.25' 30 min Except Sundays and 50.10 /12 min Holidays 50.05 '6 min -Bo Buses" Victona Ace. East Bridge St. and Valley Way 50.75 /I hour 2 hours 9:OOam to 5:OOpin 50.25 l 20 min Except Sat., Sundays and 50.10 8 min Holidays 50.05 /4 ruin Victona Aye West Bndge St. and Maple St. SO 75' 1 hour 2 hours 9:OOam to 5 00p $015' 20 min Except Sat., Sundays and 50.10 '8 min Holidays 50.05'4 min Victoria Aye. West Kitchener St_ and Hwy -120 S 100 r I hour 20 mins 8:OOam to I O:OOpm 50.25 15 min daily 50.10;6 ruin 50.05;3 min Zimmerman Ave -5- Both Bridge St. and Park St. 50.75 1 hour SO 25 20 min 50.10 8 min S0 05 4 min by adding to Schedule `B" thereto the following items: 2 hours 9:0Oam to 5:OOpm Except Sat_, Sundays and Holidays COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM /DAYS TIMES .armoury St North Victoria Ave. and Second Ave. REMOVE 2 hours 8.00 a.m_ to 6.00 p.m_ Except Sundays and Holidays Buchanan Ave Roth 07 08 Brideewater St North Centre St. North 0708 Clark Avenue Both 0'08 Spring Street and Ferry Street Laura Secord PI and Cummington Sy. West Victoria Ave. and McGrail Ave. Ferry Street and Robinson St. SI 75 I hour 2 hours 8.00 a.m. to 12:00 a.m_ Daily 50.30 10 minutes 5.025 minimum payment SI 00 1 hour 2 hours 800 a.m. to 000 p.m S0.25 15 min Except Sat.. Sundaes and Holidays SI '5 1 hour 2 hours 8.00 a.m to 1200 a m. S0 30 10 min Oct 1 - Mar 3) inclusive S 025 minimum payment S I .'5 hour 8 hours 6.00 a.m. - 3 OO a.m. S0 30.10 minutes Daily S8.00.8 hours 51 00 minimum payment Clifton I till Both Falls Ave. and Victoria Ave SI 75 1 hour 2 hours 8.00 a..m. to 3.00 am 07 08 SO 30 10 min daily 5.025 minimum payment Cummington Sq. Both Bridgewater St. and Main St. SI 00 1 hour 2 hour 8.00 am to 6:00 p.m_ West 5025 15 min Except Sundays and 50 20 13 min Holidays SO 10 6 min Cummington Sq. Both Bridgewater St. and Main St. SI 00 1 hour 2 hour 8:00 a.m. to 0:00 p m. East SO 25 15 min Except Sundays and SO 20 12 min Holiday SO 10 6 min Ellen Aye South Walnut St. and Ferry St 51 '5 1 hour 3 hours 8:00 a.m to 12:00 a.m_ 07.08 SO 30 10 min daily. 5.02_5 minimum payment Erie Avenue East Bridge Street and REMOVE 2 hours 9:00 a.m_ to 5:00 p.m. 1 1.09 Park Street Except Saturdays, Sundays Sr_ Holidays Fallsyiew Blvd Both 07 08 Fallsyiew Bled. East 0708 Ferry Street and Robinson Street Robinson Street and Murray Street SI 75, I hour 50.30' 10 minutes 58.008 hours SI 75.hour 5030.10 minutes 8 hours 5 hours 6:00 a - 3.00 a m_ dails Daily S1 00 minimum payment 6 00 a m -300 am_ Daily SI 00 minimum payment Ferry St_ Both Victoria Ave. and Ellen Ave SI 75 I hour 2 hours 8.00 a.m_ to 12:00 a.m. 07 08 50.30 10 min daily 5.025 minimum payment Ferry St_ Both Ellen Ave. and Fallsview Blvd. S I75, 1 hour 2 hours 800 am to 12.00 am 0' 08 SO 30, 10 min daily Ferry St. South I st spot west of Clark St. SI 75.1 hour 2 hours 8:00 a.m. to 12:00 a.m. 07 08 50 30/10 min May I - Oct 1 S 02 minimum payment Ferry St. Ferry St_ - 6 - North Stanley Ave. and Gladstone Ave. 5 1 . 0 0 1 hour 5015 /15 min 50.20/ 12 min SO 10/ 6 min Both Gladstone Ave. and Main St. 51.00 /I hour 50.25'15 min 50.20/ 12 min 50.10 6 min Hunter Street Northeast A point 20 metres northwest of Victoria 51.75 'hour 07.08 Avenue and a point 125 metres northwest 50.30/10 min of Victoria Avenue 58.00/8 hours Huron St. South Ontario Aye. and St. Clair Ave. REMOVE 4 hours 9:00 a.m to 5.00 p.m. Except Sat., Sundays and Holidays 2 hours 2 hours 8 00 a.m_ to 6:00 p Sundays and Holidays 8:00 a.m. to 6:00 p.m. Except Sundays and Holidays 8 hours 8:00 a.m_ to 12.00 a.m Daily 51.00 minimum payment Huron St. North Crysler Ave. and St. Lawrence Ave- REMOVE -1 hours 9.00 a to 5 00 p.m. Except Sat . Sundays and Holidays Kitchener St. South Portage Rd and Stanley Ave_ 5115 'I hour 2 hours 8.00 a.m. to 10.00 p.m. daily 50.30 15 min 5.025 minimum payment Kitchener Street South A point 65 metres west of Victona SI 25,hour 2 hours 8:00 a.m, to 12:00 a.m.daily 0"`.07 Avenue and a point 100 metres west of 50.30 /15 min 5.025 minimum payment Victoria Avenue Laura Secord PI. West Bridgewater St. and Main St. SI 00 1 hour 2 (tours 8 :00 a.m to 6:00 p_m, 50.25 ' 15 mm Except Sundays and Holidays Livingstone Street Both Stanley Ave and Fallsview Blvd SI.75,hour 8 hours 6.00 a in - 3:00 a.in. 0 08 50.30;10 minutes Daily 58.00/8 hours SI 00 minimum payment Main St. East Peer St. And Robinson St. SI 00 ' 1 hour 2 hours 8:00 a m to 000 p.m 110-I 5015 15 min Except Saturdays, Sundays and 5010 '12 min Holidays 50.10•6min Main St. East Peer St And Summer St. SI 00 :1 hour 2 hours 8:00 a.m to 0.00 p_m. 04 SO 25 '15 min Except Sundays and 50.20 12 min Holidays S0 10 6 min Main St_ West Summer St_ and Culp St S1.00 - I hour 2 hours 8:00 a -in to 6 :00 p 1 04 50.25 15 min Except Sundays and SO 20 .12 min Holidays $0.10 6 min Main Street Both Allendale Avenue•Murray Street and 51 75,hour 2 hour 6.00 a.m. - 3:00 a.m. 0708 Stanley Avenue 5030; 10 min Daily SI 00 minimum payment Main StlChippawa) South Curnmington Sq. East and SI 00 'I hour 2 hour 8:00 a.m. to 6:00 p.m Willoughby Dr $015 / 15 min Except Sundays and 50.20 /12 min Holidays SO 10 6 min Main St. Both North St. and Summer St. SI.00 /1 hour 2 hours 8.00 a.m_ to 10:00 p.m_ 50.25 '15 min Daily Magdalen St East Victoria Ave. and Ellen Ave. SI 75 :1 hour 3 hours 8.00 a.m. to 12:00 a.m_ daily 0'.08 50.30 10 thin 5.025 minimum payment Magdalen Street Northeast Lewis Avenue and $1.75 / I hour 3 hours 8:00 a.m. to 12:00 a.m Daily 06/09 McGrail Avenue 50.30 10 min 50.25 minimum payment McGrail Ave. South Walnut St. and Centre St. 51.75/1 hour 3 hours 8:00 a.m. to 12:00 a.tn. daily 07 08 50.30 '10 min 5.025 minimum payment McGrail .Ave. South Magdalen and Centre St. SI 75, I hour 3 hours 8:00 a_m. to 12.00 a m. daily 07,08 50.30'10 min 5 025 minimum payment Morrison Si. South Buckley Ave. and Victoria Ave- REMOVE 2 hours 900 a m_ to 5:00 p Except Sat., Sundays and Holidays -7- Ontario Ave. East Huron St. and Morrison St. REMOVE 2 hours 9:00 a.m. to 5.00 p m_ Except Sat.. Sundays and Holidays Park St Both Zimmerman Ave. and Ene Ave- REMOVE 2 hours 9 -00 a.m. to 500 p.m_ Except Sat., Sundays and Holidays Park Street North Crysler Avenue and a REMOVE 2 hours 9:00 a.m. to 500 pm. 10,09 point 37 metres west of Except Saturdays. St. Clair Avenue Sundays and Holidays Peer St. North Main St. and Sylvia PI_ S 100 1 hour 2 hours 8:00 a.m. to 600 p m_ SO25 15 min Except Sundays and SO 10 6 min Holidays 5.025 minimum payment Portage Rd. Both Kitchener St_ and North St. S 1 25 1 hour 2 hours 8 -00 a.m. to 10.00 p_m. Daily 50 30 15 min S_025 minimum payment 51 00 I hour 2 hours 9:00 a.m. to 500 p.m. Queen Street South Zimmerman Avenue Except & St Lawrence Avenue t Saturdays, Sundays 5025 15 min P 50.10 6 min and Holidays S0 25 minimum payment Queen Street South Valley Way SI 00 l hour 2 hours 9:00 a.m. to 5:00 pm_ 0,1 10 & Victoria Avenue SO 25 i 5 min Except Saturdays, Sundays SO I0 6 min and Holidays SO 25 minimum payment Queen Street North Victoria Avenue and a point 51.00 1 hour 2 (tours 9:00 a.m. to 5:00 p.m 08, I 1 22 metres west of St. Clair Avenue SO 25 15 min Except Saturdays, 50.10 6 min Sundays and Holidays SO 25 minimum payment Queen Street North St. Clair Avenue and 51 00 1 hour 2 hours 9.00 a_nt to 5:00 p m. 08 I I Zimmerman .Avenue 5025 15 min Except Saturdays. S0 10 6 mitt Sundays and Holidays SO 25 minimum payment Queen Street North A point 10 metres west of 50.25 15 min 15 minutes 9.00 a.m. to 5.00 p. in. 05 10 St. Clair Avenue and .0 10 6 mill Except Saturdays. Sundays a point 22 metres west of and Holidays St. Clair Avenue Robinson St Both Fallsview Blvd. and Clark Ave. 51.75 hour 5 hours 6:00 a.m. - 3•00 a_m daily 07 08 50.30.10 minutes Daily 51.00 minimum payment Simcoe St. Both Buckley. Ave. and Victoria Ave. S0.75 1 hour 2 hours 8:00 a.m. to 6:00 p m_ 50.25 20 min Except Sundays and SO 05 1 min Holidays St. Clair Ave Fast Huron St. and Morrison St REMOVE 2 hours 9 -00 am. to 5 -00 p m_ Except Sat., Sundaes and Holidays Valley Way. Both Queen St. and Morrison St. SI.00 1 hour 2 hours 800 a.m. to 5.00 p m. 50 25 15 min Except Sundays and S0 10 6 min Holidays 5.025 minimum payment Victoria Ave. Both Centre St and Ferry St 5) 75 1 hour 2 hours 8:00 am to 12:00 a daily 07 08 SO 30,10 min 5.025 minimum payment Victoria Ave. Both Morrison Street and Jepson Street S(1 75 1 hour 2 hours 8:00 a.m. to 6.00 p.m. 1 1 06 50.25 20 minutes Except Sundays and 50.05 d minutes Holidays Victoria Ave_ West Jepson St_ and Stamford St. REMOVE. 2 hours 8:O0am to 6-OOpm Except Sundays and Holidays Victoria Ave. East Jepson St. and Ryerson Cres- REMOVE 2 hours 8:O0am to 6)Opm Except Sundays and Holidays Victoria Ave_ Victoria Ave. Victoria Ave Victoria Ace_ Victona Ave Zimmerman % \ve -8- East Valley Way and Morrison St. REMOVE 2 hours 9:OOam to 5 OOpm Except Sat., Sundays and Holidays East Kincaid PI. and McDougall Cres REMOVE 2 hours 8 OOam to 6:OOpm Except Sundays and Holidays --Bo Buses` East Bridge St. and Valley Way S 100 '1 hour 2 hours 9:00am to S:OOpm S0 25 ' 15 min Except Sat , Sundays and S0 20 ' 12 min Holidays 50 10 ' 6 min West Bridge St and Maple St. SI 00 1 hour 2 hours 9:OOam to S:OOpin S0.25 15 min Except Sat., Sundays and 50 20 '12 min Holidays S0.10 '6 min West Kitchener St_ and 1Iwy 420 5115 :I hour 20 mins 8 00am to 1 O:OOpin SO.30 , 5 min daily Both Bridge St. and Park St. REMOVE 2 hours 9OOam to S:OOpm Except Sat., Sundaes and Holidays This By -law shall come into force immediately. Passed this twenty -six day of March, 2013. DEAN IORFIDA, CITY CLERK JIM DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013 March 26, 2013 March 26. 2013 BYLAW NO. 89 -2000 SCHEDULE E LIMITED PARKING Revision /Printing Date: 2013 03 21 COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE BETWEEN TIMES OR DAYS KIMMLIv1 PERIOD PERMITTED Biamonte. East Valley Way and a point 72m 10 min. South of Valley Way. Buckley Ave. West Huron St. to a point 45m 9:00a.m. to 4:OOp.m. 2 hours 6/96 South Buckley Ave. West Queen Street and Park Street 9am -5pm 2 hours 02/01 Mon -Fri No re- parking within 5 hrs of initial parking Buckley Ave. East Queen Street and Huron Street 9am -5pm 2 hours 02/01 Mon -Fri No re- parking within 5 hrs of initial parking Cataract Ave Both Southern limit and 2 hours 01/99 Bridge St. Centre St. Northeast MacDonald Ave and 8:00a.m. to 6:OOp.m. 2 hours 06/90 Lorne St. Monday to Saturday Chippawa Parkway Southeast Norton Street and Pell Street 9:00 a.m. to 5:00 p.m. 2 Hours Monday to Friday Clark St. East A point 25m South of Ferry St. 2 hours and a point 39m South. Crysler Ave. West Bridge St. and Park St. 9:OOam to 4:OOpm 2 hours 1/96 Mon -Fri Crysler Ave. East 47m South of Bridge St. 9:OOam to 4:OOpm 2 hours 1/96 to Park St. Mon -Fri Crysler Ave. Both Morrison St. and Simcoe St. 9;OOam to 4:OOpm 2 hours 5/96 Mon -Fri Crysler Ave. West Park Street and Huron Street 9am -5pm 2 hours 02/01 Mon -Fri No re- parking within 5 hrs of initial parking Dorchester Rd. West Leeming Street to a point 10m Daily 2 hours 06/01 north of High Street Except by Permit Dorchester Rd. West A point 10m south of High Street Daily 2 hours 06/01 to Lundy's Lane Except by Permit Ellis St. Both St. Clair Ave. and Ontario St. 9:00 am to 4:OOpm 2 hours 5/96 Mon -Fri Ellis St. Both Crysler Ave. to St. Lawrence Ave. 9:00 am to 4:OOpm 2 hours 6/96 Mon -Fri Emery St. Both Banker Avenue and Between 8:00 a.m. and 2 hours 01/03 Temperance Avenue 6:00 p.m. Except Sundays and Holidays Emery St. North A point 17 metres east of Between 8:00 a.m. and 2 hours BL89 -2000 Schedule E - Limited Parking Revision /Printing Date: 2013 03 21 Page 2 COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS 01/03 Emery St. 01/03 Erie Avenue 02/01 Ferguson St. Temperance Avenue and Gladstone Avenue South A point 40 metres east of Temperance Avenue and Gladstone Avenue Both Queen Street and Park Street North Glenview Ave. and Terrace Ave. Gladstone Ave. East High Street 06 /06 North St. and Emery St. North Depew Avenue and a point 22 metres east of Dorchester Road Heximer Avenue West 01/12 Heximer Avenue West 01/12 Heximer Avenue East 01/12 Heximer Avenue East 01/12 Lewis Ave Lewis Ave. 01/99 Lorne St. A point 15 metres south of Dunn Street and a point 75 metres south of Dunn St A point 154 metres south of Dunn St and Margaret Street A point 39 metres south of Dunn St and a point 86 metres south of Dunn St A point 158 metres south of Dunn St and Margaret Street South 75m West of Kitchener St and a point 95m West of Kitchener St Northwest A point 15m Northeast of Slater Ave. to a point 132m Northeast of Slater Ave. North MacDonald Ave. and Slater Ave. MacDonald Ave. West MacDonald Ave. West North Street 06/2010 North Street 06/2010 Ontario Ave. 5/97 Kitchener St. and Roberts St. A point 9m South of Kitchener St. and a point 27m South. North A point 137 metres west of Portage Road and Henan Avenue South A point 129 metres west of Portage Road and a point 152 metres west of Portage Road East 35m North of Eastwood Cres. to a point 90m South of Otter St. Ontario Avenue West 03/2010 Ontario Avenue East 03/2010 Park Street and Huron Street Park Street and Queen Street 6:00 p.m. Between 8:00 a.m. and 6:00 p.m. COLUMN 5 MAXIMUM PERIOD PERMITTED 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 8:00 a.m. to 7:00 p.m. 8:00 a.m. to 6:00 p.m. Daily 8:00 a.m. to 4:30 p.m. Monday to Friday 8:00 a.m. to 4:30 p.m. Monday to Friday 8:00 a.m. to 4:30 p.m. Monday to Friday April 1 to November 30 8:00 a.m. to 4:30 p.m. Monday to Friday April 1 to November 30 9:00 a.m. to 8:00 p.m. daily 8:00a.m. to 6:OOp.m. 8:00a.m. to 6:OOp.m. 9:00 a.m. to 5:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 9:00 a.m. to 5:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 2 hours 2 hours 1 hour 2 hours 2 hours 15 minutes 15 minutes 15 minutes 15 minutes 15 min 2 hours 2 hours 2 hours 15 min. 2 Hours 2 Hours 2 hours 2 hours 2 hours BL89 -2000 Schedule E - Limited Parking Revision /Printing Date: 2013 03 21 Page 3 COLUMN 1 COLUMN 2 HIGHWAY SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Ontario Avenue East 03/2010 Ontario Avenue East 03/2010 Ontario Avenue East 03/2010 Ontario Avenue East 03/2010 Park Street 05/04 Robinson St. Spence St 10/96 A point 19 metres south of Queen Street and a point 41 metres south of Queen Street A point 68 metres south of Queen Street and a point 10 metres north of Huron Street A point 19 metres south of Queen Street and a point 41 metres south of Queen Street A point 68 metres south of Queen Street and a point 10 metres north of Huron Street North A point 15 metres east of Ontario Avenue and a point 40 metres east of Ontario Avenue South Ross Ave. and Grey Ave. Both 20m East of Dorchester Rd to Corwin Ave St. Clair Ave. Both 1/96 St. Clair Ave. 02/10 West St. Clair Avenue East 01/10 St. Clair Ave. 1/96 St. James Ave. 05/01 St. John St. 2/93 West West South St. Lawrence Ave East 05/09 St. Lawrence Avenue 08/11 East Ellis St. to Simcoe St. A point 7 metres south of Park Street and a point 50 metres south of Park Street A point 26 metres south of Queen Street and a point 11 m north of Huron Street Morrison St. to a point 30m South of Morrison St. Thorold Stone Road and Crawford Street St. Peter Ave. and a point 65 m West Park Street and Queen Street A point 18 metres south of Street and a point 10 metres north of Huron Street Temperance Ave. East 33 metres south of North Street 02/03 and Emery Street 9:00 a.m. to 4:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 9:00 a.m. to 4:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 7:30 a.m. to 9:00 a.m. 4:00 p.m. to 6:00 p.m. Monday to Friday 7:30 a.m. to 9:00 a.m. 4:00 p.m. to 6:00 p.m. Monday to Friday 9am -5pm Mon -Fri No reparking within 5 hrs of initial parking 8:OOam to 8:OOpm Mon -Sat 9:OOam to 4:OOpm Mon -Fri 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 8.00am - 4:OOpm Monday- Friday 8:00 a.m. to 4:00 p.m. Mon - Fri 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 9:00 a.m. to 5:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 2 hours 2 hours 10 minutes 10 minutes 2 hours 2 hours 2 hours 2 hours 2 hours 2 hours 5 minutes 2 hours 5 minutes 2 hours 2 Hours 8:00 a.m. to 6:00 p.m. 2 hours BL89 -2000 Schedule E - Limited Parking Revision /Printing Date: 2013 03 21 Page 4 COLUMN 1 COLUMN 2 HIGHWAY SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS by adding to Schedule 13" thereto the following items: Revision /Printing Date: 2013 03 21 COLUMN 5 MAXIMUM PERIOD PERMITTED COLUMN 1 COLUMN 2 HIGHWAY SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS Armoury St 02 / 2013 Biamonte. Buckley Ave. 6/96 Buckley Ave. 02/01 Buckley Ave 02/01 North East West West East Cataract Ave Both 01/99 Victoria Ave and Second Ave Valley Way and a point 72m South of Valley Way. Huron St. to a point 45m South Queen Street and Park Street Queen Street and Huron Street Southern limit and Bridge St. Centre St. Northeast MacDonald Ave and 06/90 Lorne St. Chippawa Parkway Southeast Norton Street and Pell Street Clark St. East A point 25m South of Ferry St. and a point 39m South. Crysler Ave. West 1/96 Bridge St. and Park St. Crysler Ave. East 47m South of Bridge St. 1/96 to Park St. Crysler Ave. Both Morrison St. and Simcoe St. 5/96 Crysler Ave. West Park Street and Huron Street 02/01 Dorchester Rd. 06/01 Dorchester Rd. 06/01 Ellis St. 5/96 West West Both Leeming Street to a point 10m north of High Street A point 10m south of High Street to Lundy's Lane St. Clair Ave. and Ontario St. COLUMN 5 MAXIMUM PERIOD PERMITTED 8:00 a.m to 6:00 pm 2 hours 9:00a.m. to 4:OOp.m. 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 8:00a.m. to 6:OOp.m. Monday to Saturday 9:00 a.m. to 5:00 p.m. Monday to Friday 9:OOam to 4:OOpm Mon -Fri 9:OOam to 4:OOpm Mon -Fri 9;OOam to 4:OOpm Mon -Fri 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking Daily Daily 10 min. 2 hours 2 hours 2 hours 2 hours 2 hours 2 Hours 2 hours 2 hours 2 hours 2 hours 2 hours 2 hours Except by Permit 2 hours Except by Permit 9:00 am to 4:OOpm 2 hours Mon -Fri BL89 -2000 Schedule E - Limited Parking Revision /Printing Date: 2013 03 21 Page 5 COLUMN 1 COLUMN 2 HIGHWAY SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Ellis St. 6/96 Emery St. 01/03 Emery St. 01/03 Emery St. 01/03 Erie Avenue 02/01 Both Both Crysler Ave. to St. Lawrence Ave. Banker Avenue and Temperance Avenue North A point 17 metres east of Temperance Avenue and Gladstone Avenue South A point 40 metres east of Temperance Avenue and Gladstone Avenue Both Queen Street and Park Street Ferguson St. North Glenview Ave. and Terrace Ave. Gladstone Ave- East High Street 06/06 North St. and Emery St. North Depew Avenue and a point 22 metres east of Dorchester Road Heximer Avenue West A point 15 metres south of Dunn Street 01/12 and a point 75 metres south of Dunn St Heximer Avenue West A point 154 metres south of Dunn St 01/12 and Margaret Street Heximer Avenue East 01/12 Heximer Avenue East 01/12 Huron Street 02/13 A point 39 metres south of Dunn St and a point 86 metres south of Dunn St A point 158 metres south of Dunn St and Margaret Street South Ontario Avenue and St. Clair Avenue Huron Street North Crysler Ave and St. Lawrence ave. 02/13 Lewis Ave South Lewis Ave. Northwest 01/99 Lorne St. North MacDonald Ave. West 75m West of Kitchener St and a point 95m West of Kitchener St A point 15m Northeast of Slater Ave. to a point 132m Northeast of Slater Ave. MacDonald Ave. and Slater Ave. Kitchener St. and Roberts St. MacDonald Ave. West A point 9m South of Kitchener St. and a point 27m South. 9:00 am to 4:OOpm Mon -Fri Between 8:00 a.m. and 6:00 p.m. Except Sundays and Holidays Between 8:00 a.m. and 6:00 p.m. Between 8:00 a.m. and 6:00 p.m. 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 8:00 a.m. to 7:00 p.m. 8:00 a.m. to 6:00 p m. Daily 8:00 a.m. to 4:30 p.m. Monday to Friday 8:00 a.m. to 4:30 p.m. Monday to Friday 8:00 a.m. to 4:30 p.m. Monday to Friday April 1 to November 30 8:00 a.m. to 4:30 p.m. Monday to Friday April 1 to November 30 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 9:00 a.m. to 8:00 p.m. daily 2 hours 2 hours 2 hours 2 hours 2 hours 1 hour 2 hours 2 hours 15 minutes 15 minutes 15 minutes 15 minutes 2 hours 2 hours 15 min 2 hours 2 hours 2 hours 15 min. BL89 -2000 Schedule E - Limited Parking Revision /Printing Date: 2013 03 21 Page 6 COLUMN 1 COLUMN 2 HIGHWAY SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS North Street North 06/2010 North Street South 06/2010 A point 137 metres west of Portage Road and Hanan Avenue A point 129 metres west of Portage Road and a point 152 metres west of Portage Road Ontario Ave. East 35m North of Eastwood Cres. 5/97 to a point 90m South of Otter St. Ontario Avenue West Park Street and Huron Street 03/2010 Ontario Avenue East 03/2010 Ontario Avenue East 03/2010 Ontario Avenue East 03/2010 Park Street and Queen Street A point 19 metres south of Queen Street and a point 41 metres south of Queen Street A point 68 metres south of Queen Street and a point 10 metres north of Huron Street Ontario Street Both Huron street and Morrison Street 02/2013 Ontario Avenue East 03/2010 Ontario Avenue East 03/2010 Park Street 05/04 Park Street 02/2013 A point 19 metres south of Queen Street and a point 41 metres south of Queen Street A point 68 metres south of Queen Street and a point 10 metres north of Huron Street North A point 15 metres east of Ontario Avenue and a point 40 metres east of Ontario Avenue Both Zimmerman Avenue and Erie Avenue Robinson St. South Ross Ave. and Grey Ave. Spence St Both 20m East of Dorchester Rd to 10/96 Corwin Ave St. Clair Ave. Both Ellis St. to Simcoe St. 1/96 St. Clair Ave. West A point 7 metres south of 02/10 Park Street and a point 50 COLUMN 5 MAXIMUM PERIOD PERMITTED 8:00a.m. to 6:OOp.m. 8:00a.m. to 6:00p.m. 9:00 a.m. to 5:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 9:00 a.m. to 5:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 9:00 a.m. to 4:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 9:00 a.m. to 4:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 2 Hours 2 Hours 2 hours 2 hours 2 hours 2 hours 2 hours 2 hours 7:30 a.m. to 9:00 a.m. 10 minutes 4:00 p.m. to 6:00 p.m. Monday to Friday 7:30 a.m. to 9:00 a.m. 4:00 p.m. to 6:00 p.m. Monday to Friday 9am -5pm Mon -Fri No reparking within 5 hrs of initial parking 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 8:OOam to 8:OOpm Mon -Sat 9:OOam to 4:OOpm Mon -Fri 9am -5pm Mon -Fri 10 minutes 2 hours 2 hours 2 hours 2 hours 2 hours 2 hours BL89 -2000 Schedule E - Limited Parking Revision /Printing Date 2013 03 21 Page 7 COLUMN 1 COLUMN 2 HIGHWAY SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED St. Clair Avenue East 01/10 St. Clair Ave. 1/96 St. James Ave. 05/01 St. John St. 2/93 West West South St. Lawrence Ave East 05/09 St. Lawrence Avenue 08/11 East Temperance Ave. East 02/03 Victoria Ave. West Victoria Ave. East Victoria Ave. East Victoria Ave. East metres south of Park Street A point 26 metres south of Queen Street and a point 11 m north of Huron Street Morrison St. to a point 30m South of Morrison St. Thorold Stone Road and Crawford Street St. Peter Ave and a point 65 m West Park Street and Queen Street A point 18 metres south of Street and a point 10 metres north of Huron Street 33 metres south of North Street and Emery Street Jepson St. And Stamford St Jepson St. And Ryerson Cres Valley Way And Morrison St. Kincaid Place and McDougall Cres. This By -law shall come into force immediately. Passed this twenty -six day of March. 2013. No re- parking within 5 hrs of initial parking 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 8:OOam - 4:OOpm Monday- Friday 8:00 a.m. to 4:00 p.m. Mon - Fri 9am -5pm Mon -Fri No re- parking within 5 hrs of initial parking 9:00 a.m. to 5:00 p.m. Monday to Friday No re- parking within 5 hours of initial parking 2 hours 5 minutes 2 hours 5 minutes 2 hours 2 Hours 8:00 a.m. to 6:00 p.m. 2 hours 8:00 a.m. to 6:00 p.m. 2 hours 8:00 a.m. to 6:00 p.m. 2 hours 8:00 a.m. to 6:00 p m. 2 hours 8:00 a.m. to 6:00 p.m. 2 hours DEAN IORFIDA, CITY CLERK JIM DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013 March 26, 2013 March 26, 2013 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law- No. 96 -50, as amended, is hereby further amended. a) by deleting from Schedule "B" thereto the following items: MUNICIPAL PARKING LOTS Cor t MN 1 COLUMN 2 CoLLMN 3 Cou NIN 4 CoLt:vts 5 COLUMN 6 Cou My 7 Lot Name of Rate /Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited ParkingLimit Times /Days Control Timmerman $2.00 /month Daily 8:OOam to 6:OOpm Permit Avenue Lot Monday to Friday 2A Market Block $0.65/hr 5 cent.l0 cent. 25 cent. Daily 8:OOam to 6:00pm picket Dispensing Lot I dollar coin. Monday to Friday Machine City token excl. Holidays 213 Market Block Lot 3 Canada Trust Lot 4 Ellen Avenue 07 %08 Lot 5 College St 07:08 7 Huron Ontario Lot 8 St. Clair Lot Lot 9 St. Lawrence Lot Lot 10 Market Lot Lot COLE NIN 1 $25.00 /month $30.00 /month Jan 2004 $0.65 /hr $0.65/ hr $25.00 /month $30.00 /month Jan 2004 $1.50 /hror $8.00/8 hrs $45.00 /month $ I.50 per hr/ $1.50 min. for credit card or $10.00 max for 8 hours $25.00 /month $30.00 /month Jan 2004 $25.00 /month $30.00 /month Jan 2004 $0.65 /hr $20.00 /month $25.00 /month Jan 2004 $0.65:hr $25.00 /month $30.00 /month Jan 2004 Cott MN 2 COLL till 3 -2- Daily 5 cent, 10 cent, 25 cent, Daily 1 dollar coin or City token 5 cent, 10 cent, 25 cent, 1 dollar coin, 2 dollar coin or City token 5 cent, 10 cent. 25 cent, 1 dollar coin. 2 dollar coin or credit card 5 cent, 10 cent. 25cent. 1 dollar coin. 2 dollar coin, credit card. or City Token 5 cent, 10 cent, 25 cent, 1 dollar coin. 2 dollar coin or City token 5 cent, 10 cent. 25 cent, 1 dollar coin. 2 dollar coin or City token COLL;M\ 4 Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily COLL VIN 5 8:OOam to 6:OOpm Monday to Friday S:OOam to 6:OOpm Monday to Friday excl. Holidays 8:OOam to 6:OOpm Monday to Friday excl. Holiday's 8:OOam to 6:OOpm Monday to Friday 24 hrs 8:OOam to 3:OOam Monday to Friday 24 hours Permit Ticket Dispensing Machine Ticket Dispensing Machine Permit Ticket Dispensing Machine Permit Ticket Dispensing Machine 8:OOam to 6:OOpm Permit Monday to Friday 8:OOam to 6:OOpm Monday to Friday 8:OOam to 6:OOpm Monday to Friday excl. Holidays 8:OOam to 6:OOpm Monday to Friday 8:OOam to 6:OOpm Monday to Friday excl. Holidays 8:OOam to 6:OOpm Monday to Friday COLUMN 6 Permit Ticket Dispensing Machine Permit Ticket Dispensing Machine Permit COI tWS7 Lot Name of Rate /Fee Denominations of Maximum Legal No. Parking Lot (S) Coins to be Deposited ParkingLimit Times /Days Control 11 Chippawa Library S0.50/hr 5 cent, 10 cent, 2 Hours 8:OOam to 6:OOpm Meters 1,ot 25 cent coin. Monday, to Friday 1 dollar coin 12 Sylvia Place Market free n/a 6 hrs 6:00 a.m. - 3:00 a.m. n,'a 07/08 l.ot 13 Main Street Lot free n/a 6 hrs 6:00 a.m. - 3:00 a.m. n/a 07/08 14 Lundy's Lane Lot free n/a 6 hrs 6:00 a.m. - 3:00 a.m. n a 07/08 15 McGrail Lot S1.50 / hr 5 cent, 10 cent. Daily. 24 hrs Ticket Dispensing 07/08 $8.00/8 hrs 25 cent. l dollar coin. Machine 2 dollar coin, or credit card 16 Niagara Falls $5.00/9 hrs 25 cent, 1 dollar coin, Daily 24 hrs Ticket Dispensing 07/08 Arena Lot $I.50 / hr or City token May 1 to Oct 31 Machine S5.00 min $45.00 /month Daily 8:OOam to 3:OOam Permit Monday to Friday 18 Kitchener St. $1.50 /hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing 07;08 Lot $8.00/8 hrs 25 cent, 1 dollar coin. Machine min payment 2 dollar coin, or 51.50 credit card 19 City flail $0.75 per hr/ 5 cent. 10 cent. Daily 8:OOam to 6:OOpm Ticket Dispensing 11/06 Lot 25 cent. I dollar coin. Monday to Friday Machine 2 dollar coin, credit excl. l Folida_ys card. or City token S30.00/month Daily 8:OOam to 6:OOpm Permit Monday to Friday 20 Palmer $1.50 per hr/ 5 cent, 10 cent. Daily 24 hours Ticket Dispensing 07/08 Lot 25 cent. 1 dollar coin. Machine 2 dollar coin, credit $1.50 min. card. or City token for credit card or S10.00 max for 8 hours -4- 2. by adding to Schedule `B" thereto the following items: COLE NIN 1 COLtMN 2 Lot Name of No. Parking Lot 1 Zimmerman Avenue Lot 2A Market Block Lot 213 Market Block Lot 3 Canada Trust Lot 4 Ellen Avenue 07/08 Lot 5 College St 07/08 7 Huron Ontario Lot 8 St. Clair Lot Lot COLUMN 3 MUNICIPAL PARKING LOTS COLUMN 4 COLUMN 5 Rate /Fee Denominations of Maximum Legal (S) Coins to be Deposited ParkingLimit $25.00imonth $0.75 /hr 5 cent, l0 cent, 25 cent, $4.00 daily Max 1 dollar coin, City token $40.00 /month 50.75 'hr 5 cent,10 cent, 25 cent. 1 dollar coin or City token $0.75 /hr 5 cent, 10 cent, S4.00 ; 8hrs 25 cent. 1 dollar coin. 2 dollar coin or City token $40.00 /month $ 1.75/ hr or $8.75/10 hrs $65.00 /month 5 cent, 10 cent. 25 cent. 1 dollar coin. 2 dollar coin or credit card S1.75 per hr/ 5 cent, 10 cent. 25cent, 1 dollar coin, 2 dollar coin, credit card, or City Token $1.75 min. for credit card or $10.00 max for 8 hours $40.00 /month $40.00 /month Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily COLA MN 6 Times /Days 8:OOam to 6:OOpm Monday to Friday 8:OOam to 6:OOpm Monday to Friday, excl. holidays 8:OOam to 6:OOpm Monday to Friday 8:OOam to 6:OOpm Monday to Friday excl. Holidays 8:OOam to 6:OOprn Monday to Friday excl. Holidays 8:OOam to 6:OOpm Monday to Friday 24 hrs 8:OOam to 3:OOam Monday to Friday 24 hours COLUMN 7 Control Permit Ticket Dispensing Machine Permit Ticket Dispensing Machine Ticket Dispensing Machine Permit Ticket Dispensing Machine Permit Ticket Dispensing Machine 8:OOam to 6:OOpm Permit Monday to Friday 8:OOam to 6:OOpm Monday to Friday Permit -5- CoLl: e 1 COLLMN 2 COLLMN 3 CoLLM` 4 COLL NIN 5 COLLMN 6 CoLLMN 7 Lot Name of Rate /Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited ParkingLimit Times /Days Control 9 St. Lawrence Lot $0.75/hr 5 cent, 10 cent. Daily 8:OOam to 6:OOpm Ticket Dispensing Lot $4.00 / 8hrs 25 cent. 1 dollar Monday to Friday Machine coin, 2 dollar coin excl. Holidays or City token 530.00 /month Daily 8:OOam to 6:OOpm Pennit Monday to Friday 10 Market Lot $0.75 /hr 5 cent, 10 cent. Daily 8:OOam to 6:OOpm Ticket Dispensing Lot 25 cent. 1 dollar Monday to Friday Machine coin. 2 dollar coin excl. Holidays or City token 540.00 /month Daily 8:OOam to 6:OOpm perrmit Monday to Friday 11 Chippawa Library $0.75/hr 5 cent. 10 cent, 2 Hours 8:O0am to 6:OOpm Ticket Dispensing Lot 25 cent coin. Monday to Friday- machine 1 dollar coin. 12 Sylvia Place Market $0.50 /hr 35 cent, 10 cent. Daily 8:OOam to 6:OOpm Ticket Dispensing Lot 52.50/ 8hr 25 cent coin. Monday to Friday machine Feb - Oct /2013 1 dollar coin 2 dollar coin $0.75 / hr - Nov 2013 54.00 / 8hr 13 Main Street Lot $0.50 /hr 35 cent. 10 cent. Daily 8:OOam to 6:OOpm Ticket Dispensing Lot 52.50/ 8hr 25 cent coin. Monday to Friday machine Feb - Oct /2013 1 dollar coin 2 dollar coin 50.75 / hr - No 2013 54.00 / 8hr 14 Lundy 's Lane Lot $0.50 /hr 35 cent. 10 cent. Daily 8:OOam to 6:OOpm Ticket Dispensing Lot 52.50/ 8hr 25 cent coin, Monday to Friday machine Feb - Oct /2013 1 dollar coin 2 dollar coin 50.75 / hr - Nov 2013 54.00 / 8hr 15 McGrail Lot 51.75 / hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing 07/08 58.75/8 hrs 25 cent. I dollar coin. Machine 2 dollar coin, or credit card 16 Niagara Falls remove lot Arena Lot 17 Morrison $40.00 /month Daily 8:OOam to 6:OOpm Permit Lot Monday to Friday 18 Kitchener St. $1.75 /hr 5 cent. 10 cent, Daily 24 hrs Ticket Dispensing 07/08 Lot 58.75/8 hrs 25 cent. 1 dollar coin. Machine min payment 2 dollar coin, or 51.50 credit card COLLMN 1 COLUMN 7 -6- COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 Lot Name of Rate /Fee Denominations of Maximum Legal No. Parking Lot ($) Coins to be Deposited ParkingLimit Times /Days Control 19 City Hall $0.75 per hr/ 5 cent, 10 cent, Daily 8:OOam to 6:OOpm Ticket Dispensing 11/06 Lot 25 cent. 1 dollar coin, Monday to Friday Machine 2 dollar coin, credit excl. Holidays card. or City token $40.00imonth Daily 8:OOam to 6:OOpm Permit Monday to Friday 20 Palmer $1.75 per hr/ 5 cent. 10 cent, Daily 24 hours Ticket Dispensing 07/08 Lot 25 cent, 1 dollar coin, Machine 2 dollar coin. credit $1.75 min. card, or City token for credit card or $10.00 max for 8 hours This By -law shall come into force immediately. Passed this twenty -six day of March, 2013. DEAN IORFIDA, CITY CLERK JIM DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013 March 26, 2013 March 26, 2013 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. (Stop Signs at Intersections, Yield Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule Q thereto the following items: YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Foreman Ave. & Harvest Cres. Southbound on Foreman Ave. Foreman Ave. & Woodsview Cres. Northbound on Foreman Ave. (2) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Foreman Avenue & Harvest Crescent Southbound on Foreman Avenue Foreman Avenue & Woodsview Crescent Northbound on Foreman Avenue -2- This By -law shall come into force when the appropriate signs are installed. Passed this twenty -sixth day of March, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013 March 26, 2013 March 26, 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. WHEREAS under section 8 and section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a municipal corporation has the powers of a natural person including by -law making powers respecting signs. AND WHEREAS under s. 99 of the Municipal Act, 2001, R.S.O. 2001, c. 25 rules are prescribed applicable to the by -law making powers respecting advertising devices including signs. AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation including public meetings and direct consultations with representatives of the business community and sign industry. AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the City for purposes of public safety and public aesthetics. AND WHEREAS the Official Plan and related policies of the City of Niagara Falls includes provisions concerning signs. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.0 TITLE This By -law shall be known and cited as the "Sign By -law." 2.0 DEFINITIONS The following definitions shall apply for the purposes of this By -law: "Advertising device" means any device or object erected or located so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants and lights. 1IPage "Advertising device" means any device or object erected or located so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants and lights. "Agricultural land use" means the use of land, buildings or structures for agriculture or agricultural - related uses or land zoned Agriculture in the Zoning By -law. "Agricultural sign" means a sign erected on an agricultural land use. "Awning" means a fabric over frame structure that projects from the exterior wall of a building that provides shade or other weather protection. "Awning sign" means a sign that is marked or inscribed upon or within the fabric of an awning. "Banner" means a sign or advertising device made from cloth, plastic or a similar lightweight non -rigid material erected upon or supported by one (1) or more poles and includes a flag, pennant or other similar device. "Bench sign" means a sign painted on or attached to a bench. "Billboard" means a permanent outdoor sign erected on the ground or supported by a building and maintained by a person, company, or business engaged in the sale or rental of the sign or the use of the sign to a clientele that advertises goods, products or services not sold or offered on the premises where the sign is erected. "Building face" means an exterior wall of a building. "Canopy" means a permanent, rigid, roof -like structure that is attached to and supported by the exterior wall of a building and may be supported from the ground. "Canopy sign" means a sign attached to, marked or inscribed on a canopy. "Chief Building Official" shall mean the person and /or his designate, so appointed by Council pursuant to the Building Code Act. "City" means The Corporation of the City of Niagara Falls. "Community bulletin board" means a bulletin board designated by the City upon which a poster may be placed by members of the public. 2IPage "Construction sign" means a type of temporary sign that provides information about the activity occurring at a construction site. "Council" means the Council of The Corporation of the City of Niagara Falls. "Directional sign" means a free - standing sign that gives directions or instructions for the control of vehicular or pedestrian traffic on a property. "Directory sign" means a sign listing the tenants of a building containing at least two (2) distinct tenant units and that displays only the name and address of the tenants or occupancies for identification purposes. "Electronic Message Centre sign" means a sign that is electronically controlled and is capable of displays information or attracts attention by means of animation, intermittent flashing or blinking of Tight, an electronic screen or LED display. "Fascia sign" means a sign attached to, marked or inscribed on, erected or placed against a wall forming part of a building on a plane at any angle greater or less than ninety degrees to the plane of the building's wall. "Grade" means the average surface elevation of the finished ground below a sign or the point where the ground is in contact with any sign, building, or other structure. "Ground sign" means a sign directly supported by one (1) or more uprights, poles or braces or located on a structural base placed in or upon the ground. "Illumination study" shall mean a study completed by a qualified professional that examines the impact of the illumination from a sign on adjacent areas and properties. "Information sign" means a sign installed for public safety or convenience regulating on premises traffic, parking or a sign denoting sections of a building and displaying no commercial advertising. "Institutional Land Use" means the use of land, buildings or structures for any use permitted under the Institutional zone or and zoned Institutional in the Zoning By -law. "Institutional Sign" means a sign installed on an institutional land use. "Lot" means a parcel of land fronting onto a street, which may be described by metes and bounds in a registered deed or be shown in a registered plan 31Page of subdivision. Contiguous lots in common ownership and occupied by a single building shall be deemed to be a single lot for the purpose of this By -law. "Mansard roof" means a roof having two (2) slopes on all sides with the lower slope at an angle of not less than 60 degrees and steeper than the upper slope. "Mural" means a picture on the exterior surface a structure is a sign only if it is related by language, logo or pictorial description to the advertisement of a product or service or the identification of a business. "New Development Sign" means a sign which identifies or provides information relating to or advertising the development or construction of a building or buildings on the lands which the sign is erected. "Official population" means the total number of residents of the City of Niagara Falls as determined by the most recent population census completed by the Government of Canada. "Official Sign" means a sign erected by a public authority for the purposes of that public authority. "Owner" means the registered owner of the premises on which a sign is located or is proposed to be located. "Park" means any publicly owned or publicly controlled land that is used or intended to be used for outdoor recreation, green space or as a natural buffer. "Person" means an individual, firm, corporation, association or partnership. "Portable sign" means a sign not permanently anchored to the ground or attached to a building and designed in a manner as to be capable of being moved from place to place. Without limiting the generality of the foregoing, this definition shall include a mobile sign, sandwich board sign, A -frame sign, and inflatable sign. "Poster" means a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, bulletin, handbill, leaflet, notice and placard. "Premises" means a lot and includes all buildings and structures thereon. 41Page "Projected image sign" means a sign which consists of an image projected onto a wall, sidewalk or other surface. "Projecting sign" means a building mounted sign with the sign faces perpendicular to the building fascia, excepting an awning sign and a canopy sign. "Property line" means the boundary of a lot. "Public property" means property, land or a building owned by the City, The Regional Municipality of Niagara, Province of Ontario, Government of Canada, or a local board as defined in the Municipal Affairs Act, as amended. "Readograph sign" means a sign composed of changeable letters which is designed or constructed to convey a temporary message and which is designed or constructed so that the message conveyed on the readograph may be changed manually. "Region" means The Regional Municipality of Niagara. "Regulation" means, unless the context indicates a reference to provincial or federal regulations, any standard, rule, requirement or prohibition set out in this by -law. "Rehabilitation" means the re- facing, upgrading, restoration, reconditioning, refurbishing of the technological components of a sign, but does not include removal. "Removal" means the complete elimination of a sign and all its structural and technological components. "Residential land use" means the use of land, buildings or structures exclusively for human habitation. "Roof sign" means a sign supported entirely or partly by the roof of a building or structure and projects above the roof and parapet and shall not include a sign painted onto a roof. "Sandwich Board Sign" means a sign that is a freestanding triangular prism, supported by the ground and joined at the top edge. "Sign" means any surface, structure and other component parts, which are used or capable of being used as a visual medium or display to attract 5IPage attention to a specific subject matter for identification, information, or advertising purposes and includes an advertising device or notice. "Sign area" means the total area of the surface of every face of a sign including the border or frame, together with any material forming an integral part of the background of the display or used to differentiate the sign from the backdrop or building against which it is erected. Where there is no border or the sign is composed of individually installed letters, numerals, or shapes, the sign area shall include all of the area of the smallest rectilinear outline that uses the least number of horizontal and vertical lines to enclose the grouping of letters, numerals, or shapes. "Sign District" means an area defined by the City for the purpose of prohibiting or regulating the placing or erecting of signs, notices, and advertising devices. "Sign face" means that portion of a sign upon which or through which the message of the sign is displayed. "Sign uniformity plan" means drawings and specifications approved by the City showing the arrangement of all wall signs erected and to be erected on a building or premises containing more than one (1) occupancy, and providing details of the type, character, height, and design of the signs in relation to the architectural features of the building. "Static sign" means a sign that is composed of a fixed, non - moving display. "Street" means any highway as defined in the Municipal Act, 2001. "Streetline" means and is the property line between a lot and a street. "Temporary sign" means a sign anchored to the ground but erected for a limited period of time. Without limiting the generality of the foregoing, this definition shall include a real estate sign, construction sign, election sign, sale banner, and new development sign. "Third party sign" means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are not available at or related to the premises where the sign is located. "Trivision sign" means a sign that is composed of a series of triangular columns which rotate to change into three different displays. "Visual impact study" means a study that demonstrates through graphics and other means, the expected visual appearance a sign will have at its 61 °age proposed locations within its surroundings as viewed from relevant vantage points. "Wall area" means the total area of an upright or vertical side of a building including any articulations. Where a building is comprised of podium and tower components, the wall areas of the podium and tower shall be treated separately. "Wall sign" means a sign attached to or erected or placed against a wall forming part of a building, or supported by or through a wall of a building and having the exposed face thereof on a plane approximately parallel to the plane of such wall and includes awning signs, fascia signs, and murads. "Window sign" means a sign posted, painted, or affixed in or on a window exposed to public view. I. ADMINISTRATION 3.0 ADMINISTRATION 3.1 Interpretation 3.1.1 Words importing the singular number or the masculine gender only shall include more persons, parties or things of the same kind than one, and females as well as males and the converse. 3.1.2 The Chief Building Official or his designate shall determine the type of sign that any particular sign is and his determination of this issue shall be final. 3.2 Administration 3.2.1 The Chief Building Official and /or his designate shall be responsible for the administration of this By -law. 3.3 Permits 3.3.1 Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By -law prior to the erection for that sign. 3.3.2 All signs shall conform to the provisions of this By -law. 71Page 3.3.3 A permit shall be refused if the proposed sign does not comply with this or any other By -law of the City or Region, or Provincial or Federal statute, regulation or approval. 3.3.4 (a) A permit issued by the City for a sign shall expire six months from the date of issuance unless the sign is erected for its intended purpose. (b) In the event that the sign has not been installed within six months, an application may be made to the Chief Building Official to extend the time limit of the permit for a period not exceeding 12 months. (c) A permit may only be extended once. 3.3.5 When a sign is removed, the permit issued for that sign shall be deemed to be revoked and a new permit required for the installation of another sign. 3.3.6 A permit shall not be required for the rehabilitation of a sign if such rehabilitation is completed within six months. A permit shall be required for any rehabilitation works that take longer than six months to complete. 3.3.7 The City may revoke a permit under the following circumstances: (a) The City issued the permit in error, or (b) The sign does not conform to this By -law, the Ontario Building Code, or any other applicable regulation or legislation or approval, or (c) The permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information, or undertakings on the application, plans, drawings, sketches and other documents submitted with the application, or (d) The sign is causing, will cause or is contributing or will contribute to a hazardous condition. 3.3.8 If a building permit is issued for a sign that building permit is deemed to be a sign permit for the purposes of this By -law. 3.4 Application for Permit 8j P a 3.4.1 The applicant for a permit shall be the owner of the property or building on which the sign is to be erected or the authorized agent of the owner. 3.4.2 The applicant shall file with the City an application for a permit on the prescribed form. 3.4.3 The applicant for a permit shall provide to the City: (a) A completed application in the form prescribed by the City; (b) The written authorization of the owner where the applicant is not the owner of the property or building where the sign is to be erected; (c) A drawing showing the location and dimensions of all existing and proposed signs, and identifying the materials of which the proposed sign is to be constructed; (d) A site plan showing the location of the sign in relationship to other buildings and structures, the street, and the boundaries of the property upon which the sign is proposed to be erected; (e) Sufficient information for the Chief Building Official to determine that the sign has been designed and will be constructed in compliance with the applicable structural and fire prevention provisions of the Ontario Building Code. The Chief Building Official or his /her designate may, if deemed necessary, require that the sign and its supporting structure to be designed by an Architect or Professional Engineer registered in Ontario and the erection of any such sign must be reviewed during construction by the Architect or Professional Engineer and certified as being erected in compliance with the design drawings and specifications. The following signs, in all instances, must be designed by an Architect or Professional Engineer registered in Ontario and the erection of any such sign must be reviewed during construction by the Architect or Engineer and certified as being erected in compliance with the drawings and specifications: (i) a ground sign exceeding 7.5m in height (ii) a projecting sign weighing more than 115kg (iii) a projecting sign attached to a parapet (f) 91Page 3.4.4 An application for a fascia sign for a building or property containing more than one (1) occupancy or tenant shall include a sign uniformity plan where signs are proposed for more than one (1) occupancy or tenant. 3.4.5 Prior to applying to the City for a permit, the applicant shall obtain approval for the proposed sign, if required, from any other governmental authority having jurisdiction over the sign. 3.4.6 Notwithstanding section 3.4.5 if the Chief Building Official believes unreasonable delays in the process would occur he may issue a conditional sign permit following as closely as possible the rules and procedures of the Building Code Act, 1992, S.O. 1992, c. 23, any replacement legislation of that Act and any regulations promulgated pursuant to that Act or replacement legislation for the issuance of Conditional Building Permits. 3.4.7 Fees payable at the time of the application shall be in accordance with the permit fee structure adopted by the City and shall be paid prior to the City accepting any sign permit application for processing. 3.5 Signs for Which a Permit is Not Required 3.5.1 No permit is required for the following types of signs: (a) Official signs or signs pertaining exclusively to public safety; (b) Flags of corporations, nations, and educational or religious organizations provided not more than three (3) flags are located at one (1) premise; (c) A poster affixed to a community bulletin board in accordance with the provisions of this By -law; (d) A sign containing the name and address of a resident or occupant, provided the sign is not more than 0.2 square metres in sign area and does not include any commercial advertising for a residential land use of less than six (6) dwelling units; (e) A sign containing the name and address of the building, provided the sign is not more than 2.4 square metres in sign 101Page area and does not include any commercial advertising for a residential land use of six (6) or more dwelling units; Information signs not more than 0.4 square metres in sign area; Real estate signs not more than 0.5 square metres in sign area in a residential zone and 2.0 square metres in all other areas. Such real estate sign shall be removed within 30 days after the date of closure of an offer of purchase or lease of the premises; (h) A window sign on the first storey of a building occupied by a commercial use provided the window sign is not more than 20% of each window section or pane; (i) Directional signs not more than 0.5 square metres in sign area and 1.2 metres in height; (j) An open house directional sign; (k) A Construction sign not more than 5.0 square metres in sign area and to be removed within 30 days of the construction being completed or discontinued; A sign for a contractor undertaking landscaping, home repairs or renovations, provided such sign is erected no more than two (2) days prior to the commencement of the project and is removed from the property immediately after the project is completed; (1) (m) A garage sale sign or a sign advertising a lost pet; (n) Election signs. (o) Sandwich board signs that are in compliance with s. 16.0 of this by -law. Sandwich board signs that exceed the regulations of s. 16.0 shall be deemed a portable sign and shall meet the regulations for portable signs as outlined in this by -law. 3.6 Prohibited Signs 3.6.1 Any sign not expressly permitted by this By -law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited: 111Pag3 (a) A sign located on or over public property; (b) Bench sign; (c) A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d) A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e) A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By -law; (f) A sign located in a daylight triangle; (g) An inflatable sign; (h) A sign that interferes with or obstructs the view of a traffic signal or official sign or any sign capable of being confused with such traffic signal or official sign by virtue of its design, lighting or materials; (i) Any sign which violates in any way any statute, regulation or by -law of the Government of Canada, the Province of Ontario, the Region or the City. 3.6.2 Notwithstanding the foregoing and the provisions of section 12.1, a banner is permitted to be located on public property, in accordance with the following: 3.6.2.1 The provisions of this section shall apply to any banner erected by the Operator of the Niagara Civic and Convention Centre Inc. 3.6.2.1.2 In this part: (a) "Approved fixture" means a fixture for erecting a banner, attached to a pole or structure in a location and of a construction approved by the Director of Municipal Works of the City within the Designated Area. 121 Page (b) "NCCC Banner" means a banner that complies with the regulations of this by -law and is authorized to be erected upon an approved fixture by or at the direction of the NCCC within the Designated Area which relates to events to take place at the Niagara Convention and Civic Centre. (c) "Designated Area" means the area designated on Schedule B for the erection of NCCC Banners. 3.6.2.1.3 No permit shall be required to erect an NCCC Banner on an Approved Fixture. 3.6.2.1.4 The Operator of the Niagara Civic and Convention Centre Inc, or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.1.5 Contractors retained by the NCCC to erect NCCC Banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.1.6 An Approved Fixture may be located on public lands. 3.6.2.1.7 An NCCC Banner shall not be used for advertising or promoting any event which is not related to the NCCC or any business other than the NCCC. 3.6.2.1.8 All other relevant provisions of this by -law shall apply to NCCC banners. 3.6.2.1.9 The appropriate Business Improvement Association shall be consulted with by the Operator of the Niagara Civic and Convention Centre Inc where the Designated Area intersects with a Business Improvement Area prior to the installation of any banners. 131Paye 3.6.2.2 The provisions of this Part shall apply to banners erected by or at the direction of, Boards of Management of a Business Area within the Business Improvement Area of that Board of Management. 3.6.2.2.1 In this part: (a) "Approved fixture" means a fixture for erecting banners, attached to a pole or structure in a location and of a construction approved by the Director of Municipal Works of the City within the Designated Area. (b) "BIA Banner" means a banner that complies with the regulations of this by -law and is authorized to be erected upon an approved fixture by the Board of Management of a Business Improvement Area within the Business Improvement Area governed by the Board of Management giving the approval and which relates to events and businesses within the BIA 3.6.2.2.2 No permit shall be required to erect a BIA Banner on an approved fixture. 3.6.2.2.3 The Operator of the Niagara Civic and Convention Centre Inc, or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.2.4 Contractors retained by Boards of Management of Business Improvement Areas to erect BIA banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.2.5 An Approved Fixture may be located on public lands. 3.6.2.2.6 A BIA Banner shall not be used for advertising or promoting any event which is not related to 141P 3.6.2.2.7 3.6.2.3 the BIA or to any business located outside boundaries of the BIA. All other relevant provisions of this by -law shall apply to BIA banners. Any banner installed in accordance with subsections 3.6.2.1 and 3.6.2.2 above shall comply with the following regulations: 3.6.2.3.1 A banner projecting over a sidewalk shall have a minimum vertical clearance of 2.75.m between the grade and the lowest part of the sign face. 3.6.2.3.2 A banner projecting over any portion of a road shall have a minimum vertical clearance of 4.8m between the road surface and the lowest part of the sign face. 3.6.2.3.3 A banner shall not be installed on poles supporting traffic control signals or stop /yield signs. 3.6.2.3.4 A banner shall not be installed within 30m of a rail crossing. 3.6.2.3.5 A banner shall not obstruct the visibility of traffic signs, traffic signals or other traffic control devices. 3.6.2.3.6 A banner shall not resemble images or text that imitates any official parking or traffic control signal, sign or device." 4.0 GENERAL PROVISIONS 4.1 No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. 4.2 Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 4.3 The owner of the premises upon which any sign is located, shall be responsible for every aspect of any sign on that premises and, without limiting the generality of the foregoing, shall obtain any license required for the sign and maintain the sign in a proper state of repair to prevent the sign becoming unsafe, unsightly or dangerous. 4.4 No sign, other than a fascia sign or projecting sign, shall be located within 1.5 metres of a property line. 4.5 Any external lighting used to illuminate a sign shall be arranged to not direct Tight onto an adjacent street or premises. 4.6 The lighting of any sign that is located within 30 metres of, and is visible from, a residential use within a residential zone may be required to be dimmed or turned off between the hours of 11:OOpm and 6:OOam as a condition of approval of a permit. 4.7 Except as provided for in clauses (d) and (e) of section 3.5.1 and section 15 of this By -law no sign is permitted on a residential land use, unless otherwise permitted through municipal approvals. 4.8 A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. 4.9 It is the express intent of Council that this by -law is not to be interpreted so as to grant rights to persons that they would not have enjoyed but for the passage of this by -law. 4.10 The onus of demonstrating that a sign is not subject to the provisions of this by -law shall be upon the owner of that sign. 4.11 Sign technologies shall be classified as follows: (a) Static sign; (b) Readograph sign; (c) Electronic Message Centre sign; and 161 Page (d) Trivision sign. 4.11.1 A static sign may be used within any sign permitted by this By -law. 4.11.2 A readograph sign, electronic message centre sign or a trivision sign may only be used within ground, fascia, projecting and billboard signs. 4.11.3 A readograph sign, electronic message centre sign or trivision sign that is incorporated into a ground sign, fascia sign or projecting sign shall not be used as a third party sign save and except for messages conveyed on behalf of a not - for - profit agency which are for the benefit of the community. 4.11.4 The City shall be notified in writing of the conversion of any existing sign to a different technology. 4.12 Nothing in this by -law shall preclude the locating, use, operation or rehabilitation of any existing sign that was erected in conformity with any previous by -law or prevent the replacement of any such sign, provided the replacement sign is the same as the sign it replaces or where different, shall meet the provisions of this by -law for such a sign. II. SIGNS PERMITTED BY DISTRICT 5.0 SIGN DISTRICTS 5.1 (1) For the purposes of this By -law, the following Sign Districts shown in Schedule "A" are hereby established for the regulation of signs in the City: Downtown District, Fallsview District, Clifton Hill District, Lundy's Lane District, Whirlpool District, Chippawa District, Commercial District and Industrial District. (2) The types of signs permitted in each district shall be as set out in Tables 1 and 2. (3) Where a type of sign is permitted, it shall be subject to the regulations relating to that type of sign. 17lrage (4) In addition to the regulations described in subsection 5.1(3) a sign shall be subject to any special regulations that apply to that type of sign in the Sign District where the sign is located. 5.2 (1) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and are zoned any Neighbourhood Commercial designation pursuant to By -law No. 79 -200 as amended are designated Neighbourhood Commercial Sign District for the purposes of this By -law. (2) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and are zoned any Commercial designation other than a Neighbourhood Commercial designation pursuant to By -law No. 79 -200 as amended are designated Commercial /Industrial Sign District for the purposes of this By -law. (3) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and zoned any Industrial designation pursuant to By -law No. 79 -200 as amended are designated Commercial /Industrial Sign District for the purposes of this By -law. Table 1 Sign Districts Column 1 Column 2 Sign Type Fallsview Clifton Hill Downtown Ground Signs Yes Yes Yes Yes Yes Yes Wall Signs Fascia Sign Yes Yes Yes Mural Yes Yes No Awning Sign Yes Yes Yes Roof Sign No Yes No Projecting Sign Yes Yes Yes 181Page Canopy Sign Billboard Portable Sign Temporary Sign Banner Electronic Message Centre Sign Projected Above Ground Image Signs On Ground Readograph Column 1 Sign Type Ground Signs Wall Signs Yes No Sandwich board - Yes No Yes Yes Yes Yes Yes Table 2 Sign Districts Fascia Sign Yes see section 11.0 No Sandwich board - Yes Lundy's Lane Yes Yes Yes No Yes Yes Yes Yes Yes Column 2 Yes Sandwich Board Signs - Yes All other Portable Signs - No Whirlpool Yes Yes Yes No No No No No Yes Chippawa Yes Yes Yes 19IPage Table 3 Sign Districts Mural Yes Yes Yes Awning Sign Yes Yes Yes Roof Sign No No No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard see section 11.0 No Portable Sign Yes Yes No Temporary Sign No No Yes Banner Yes Yes Yes Readograph Sign Yes Yes No Projected Image Signs Above Ground Yes Yes No On Ground Yes Yes No Electronic Message Centre Sign Yes Yes No Table 3 Sign Districts Column 1 Column 2 Sign Type Neighbourhood Commercial Commercial /Industri al District Ground Signs No Yes Yes Yes Wall Signs Fascia Sign Yes Yes Mural Yes Yes Awning Sign Yes Yes Roof Sign No No Projecting Sign Yes Yes Canopy Sign Yes Yes 201Page Billboard see section 11.0 Portable Sign Yes Yes Temporary Sign No Yes Banner No Yes Readograph Sign No Yes Projected Image Signs Above Ground No Yes On Ground No Yes Electronic Message Centre Sign No Yes 5.3 In the Downtown Sign District the following regulations apply in addition to those set out in Tables 1 and 2: (a) a fascia sign shall be located within the horizontal band which divides the store front widows from the upper facade; (b) a sign in the Downtown Sign District shall not be internally illuminated. 5.4 Notwithstanding Table 1, the following signs are permitted outside of the Sign Districts: (a) institutional signs; (b) agricultural signs. HL THE REGULATIONS The regulations specific to each type of sign are as follows. 6.0 GROUND SIGNS A ground sign shall conform to the following regulations: 6.1 Ground Signs 211Page Table 4 Ground Sign Regulations Lot Frontage Number of Ground Signs Permitted' Maximum Sign Height Maximum Sign Area of all Ground Signs2 Minimum Front Yard Setback For any part of sign 0 to 15m 1 2.4m 2.3 sq m 1.5m3 16m to 23m 1 2.4m 4.6 sq m 1.5m3 24m to 30m 1 3.6m 7.0 sq m 1.5m3 31m to 45m 1 7.5m 9.3 sq m 14 sq m 1.5m3 1.5m3 >45m 24 — with a minimum distance separation of 30m 9.0m 'Excluding directional signs. 2 An electronic message centre, readograph or trivision may be permitted and shall not exceed 50% of the maximum permitted sign area, subject to section 4.11.4. 3For ground signs with less than 1.5m of ground clearance, the minimum front yard setback shall be 3.0m. 4 In an agricultural use, only 1 (one) sign is permitted even though frontage may be greater than 45m. 7.0 WALL SIGNS 7.1 Fascia Signs A fascia sign shall conform to the following regulations: 7.1.1 No fascia sign shall cover or project into any window, door, or other opening on a building face. 7.1.2 A fascia sign may project a maximum of 0.45 metres from a building face over the streetline. 7.1.3 A fascia sign projecting 0.25 metres or more from a building face shall be a minimum of 2.70 metres above grade. 221Page 7.1.4 The upper limit of a fascia sign shall not project more than 0.45 metres above the roofline or parapet of a building. 7.1.5 No fascia sign shall be attached to a mansard roof. 7.1.6 The maximum permitted sign area of all fascia signs on any one (1) building face shall be 25% of the area of the building face to which it is attached. A readograph, trivision or electronic message centre may be permitted and shall not exceed 50% of the maximum permitted sign area or 14 square metres, whichever is the lesser, subject to section 4.11.4. 7.1.7 Notwithstanding sub - section 7.1.6 the maximum area of all fascia signs on any one (1) building face within the Chippawa District shall be 9.3 square metres. 7.1.8 Where two (2) or more fascia signs are attached to a building, the signs shall maintain a uniform band of signage along the building face defined by locating all signage on the building face in a manner that maintains a consistent horizontal alignment and vertical height. 7.1.9 In the case of a building containing multiple occupancies or tenants, a maximum of one (1) fascia sign shall be permitted for each tenant or occupancy provided the maximum total sign area permitted for fascia signs is not exceeded. 7.1.10 One (1) fascia directory sign shall be permitted on any building and shall be included in the total maximum sign area for fascia signs. 7.2 Mural Signs A Mural sign shall conform to the following regulations: 7.2.1 The maximum area of a Mural sign shall be 25% of the area of the building face from which it is displayed. 7.2.2 Notwithstanding sub - section 7.2.1 the maximum area of a Mural sign displayed within the Chippawa District shall be 9.3 square metres. 7.3 Awning Signs An awning sign shall conform to the following regulations: 231Page 7.3.1 The maximum sign area of an awning sign shall be 25% of the awning to which it is applied. 7.3.2 The maximum length of an awning sign shall be 10 metres. 7.3.3 Awning signs shall not consist of three dimensional letters or graphics. 7.3.4 Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach onto a street one half the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists. 8.0 ROOF SIGNS A roof sign shall conform to the following regulations: 8.1 No more than one (1) roof sign shall be located on a building. 8.2 A roof sign shall be integrated with the architecture of the building on which it is erected and shall not appear as a separate structure. 8.3 A roof sign shall be located a minimum of 1.2 metres from the outer wall of the building on which it is displayed and in no case shall a roof sign overhang the outer wall of a building. 8.4 No part of a roof sign shall be higher than 5.5 metres above the roof or parapet of the building. 8.5 No part of a roof sign shall be closer than 1.0 metres to the roof deck. 8.6 The maximum sign area of a roof sign shall not exceed 3.0 square metres. 8.7 A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape or prevent the free access of fire fighters to any part of the building. 8.8 A roof sign shall not obstruct the view from any window or skylight that is in a building located on an adjacent property. 8.9 An application for a roof sign shall include a visual impact study and an illumination study to illustrate and evaluate the impact of the roof sign with respect to the City's skyline and appearance from Queen Victoria Park. 9.0 PROJECTING SIGNS 241Page A projecting sign shall conform to the following regulations: 9.1 A projecting sign shall not encroach onto a public property. 9.2 Notwithstanding section 9.1 a projecting sign may encroach onto a street one half of the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists. 9.3 The maximum permitted sign area of a projecting sign shall be 7.0 square metres. A readograph sign, trivision sign or electronic message centre sign may be permitted and shall not exceed 50% of the maximum permitted sign area, subject section 4.11.4. 9.4 A projecting sign shall maintain a minimum clearance of 2.7 metres above grade. 10.0 CANOPY SIGNS A canopy sign shall conform to the following regulations: 10.1 The maximum height of a canopy sign shall be 0.6 metres. 10.2 Where a canopy sign is displayed above the canopy the vertical space between the lowest point of the sign and the top of the canopy or overhang shall not exceed 0.3 metre. 10.3 A canopy sign may project a maximum 0.3 metre from the canopy face. 10.4 A canopy sign shall maintain a minimum clearance of 2.7 metres above grade. 10.5 Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a street one half the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists. 11.0 BILLBOARDS A billboard shall conform to the following regulations: 11.1 A billboard shall only be located on a vacant property designated Major Commercial, Industrial, Good General Agriculture by the City's Official Plan. 25 1?ag 11.2 Where a billboard is located on a premise, no other signs for which a permit is required shall be displayed on that premises and no sign permits shall be issued to permit any additional signs on that premises. 11.3 Notwithstanding the provisions of section 11.1 billboards are not permitted within the Downtown District and the Chippawa District. 11.4 The sign face of a billboard shall be a minimum 18.0 square metres in area and a maximum of 70 square metres. 11.5 The minimum distance between billboards shall be 300 metres. 11.6 The maximum height of a billboard shall be 7.5 metres. 11.7 A billboard shall have no more than two (2) sign faces. Each sign face shall comply with section 11.4. 11.8 Where a billboard has two (2) sign faces the sign faces shall be located, placed and displayed at an angle no greater than 120 degrees which angle shall be measured from the back of the sign faces of the billboard. 11.9 A billboard shall be located more than 90 metres from a designated historic site, a public park, or any property designated Residential by the City's Official Plan. 11.10 An application for a sign permit to erect and display a billboard shall include an illumination study and a visual impact study. 11.11 The maximum number of billboards in the City shall not exceed the official population of the City divided by 625. 11.12 The City in each calendar year may approve a maximum of 10 permits for billboards at new locations not currently containing billboards subject to the provisions of section 11.11 which shall supersede this section such that the total number of billboards within the City shall never exceed the number specified the calculation described in section 11.11. 11.13 Notwithstanding sections 11.11 and 11.12, and subject to section 4.11.4, an existing billboard sign may be converted, in whole or in part, to incorporate a trivision sign, readograph sign or electronic message centre sign to a maximum of 100% of the maximum permitted sign area. 261Page 12.0 BANNERS, PORTABLE SIGNS AND TEMPORARY SIGNS Banners, Portable Signs and Temporary Signs shall conform to the following regulations: 12.1 Banners 12.1.1 Not more than two (2) banners shall be placed on a single pole. 12.1.2 The maximum area of a banner shall be 2.5 square metres. 12.1.3 The minimum distance between any part of a banner and the grade shall be 2.7 metres. 12.1.4 A sign permit authorizing the erection, display or maintenance of a banner, that permit shall authorize that owner to erect, display or maintain any number of banners of the same design erected, displayed or maintained in the same manner. 12.2 Portable Signs and Temporary Signs 12.2.1 (1) A sign permit to erect, display, or maintain a portable or temporary sign shall have a maximum term of no more than 30 days. (2) No more than four (4) permits for a portable or temporary sign shall be issued to the same business per calendar year. The total number of days of erection, display or maintenance authorized by the four (4) permits described in sub - section 12.2.1 shall not exceed 120 days per calendar year. 12.2.2 The maximum height of a portable or temporary sign is 1.8 metres. (3) 12.2.3 A portable or temporary sign shall have no more than two (2) sign faces. 12.2.4 The maximum sign area of an individual sign face of a portable or temporary sign shall be 3.0 square metres. 12.2.5 Where a portable or temporary sign has two (2) sign faces the sum of the sign area of the two (2) sign faces shall be no more than 6.0 square metres. 271Page 12.2.6 (1) Notwithstanding the number of occupancies in a premises, a maximum of one (1) portable or temporary sign per 15 metres of frontage shall be displayed along a street frontage of a property. (2) No portable sign shall be erected, displayed or maintained within 15 metres of another portable sign. 12.2.7 A portable or temporary sign shall be located as specified in the drawings submitted by the applicant to obtain the permit for that portable sign. 12.2.8 A portable or temporary sign shall be secured firmly to the ground to prevent any movement or tipping of the sign. 12.2.9 A portable or temporary sign shall not be animated in any manner and shall contain no mechanically or wind driven moving parts. 12.2.10 Streamers, flags, or flashing lights shall not be attached to a portable or temporary sign. 12.2.11 A portable or temporary sign shall contain no flashing lights or animation. 12.2.12 Without limiting in any way the effect of sub - section 3.6.1(e) a portable or temporary sign shall not be located in or obstruct a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By -law. 12.2.13 Without limiting in any way the effect of sub - section 3.6.1(a) portable or temporary sign shall not be located on any street or public property. 12.2.14 A portable or temporary sign may contain a readograph sign to a maximum of 100% of the permitted sign area. 281 Page 12.3 New Development Signs A new development sign shall conform to the following regulations: 13.0 PROJECTED IMAGE SIGNS Projected image sign shall conform to the following regulations: 13.1 Above Ground Projected Image Sign 13.1.1 An above ground projected image sign shall be projected onto a building face by a projector located on the same property. 13.1.2 For the purpose of calculating the maximum sign area permitted on a particular building face, an above ground projected image sign shall be deemed to be a wall sign. 13.1.3 The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 13.1.4 An application for an above ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 13.1.5 The projector used to project the above ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 291Page Table 5 New Development Sign Regulations Maximum height 7.0 metres Maximum sign area 50 square metres Minimum setback from a property line 5.0 metres Number of signs per street 1 Duration Sign shall be removed when the City assumes the plan of subdivision or within 60 days of the issuance of an occupancy . ermit. 13.0 PROJECTED IMAGE SIGNS Projected image sign shall conform to the following regulations: 13.1 Above Ground Projected Image Sign 13.1.1 An above ground projected image sign shall be projected onto a building face by a projector located on the same property. 13.1.2 For the purpose of calculating the maximum sign area permitted on a particular building face, an above ground projected image sign shall be deemed to be a wall sign. 13.1.3 The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 13.1.4 An application for an above ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 13.1.5 The projector used to project the above ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 291Page 13.2 On- Ground Projected Image Signs 13.2.1 An on- ground projected image sign shall be projected onto a horizontal ground plane surface by a projector located on the same premises. 13.2.2 The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 13.2.3 An application for an on- ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 13.2.4 The projector used to project an on- ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 14.0 TOURIST HOMES SIGNS Tourist Home signs shall conform to the following regulations: 14.1 A Tourist Home may have a maximum of one (1) sign. 14.2 A Tourist Home sign may be a ground sign or a projecting sign. 14.3 A Tourist Home sign shall not be erected in a rear yard or an internal side yard, such yards to be determined in accordance with the provisions of any Zoning By -law of the City of Niagara Falls that applies to the subject Tourist Home. 14.4 No part of a ground sign on a Tourist Home premises shall be located within 3.0 metres of a streetline. 14.5 No part of a ground sign on a Tourist Home premises shall be located within 1.8 metres of a side property line. 14.6 A projecting sign for a Tourist Home shall be attached to the front wall of the premises. 14.7 The maximum area of a ground sign shall be 3.0 square metres. 14.8 The maximum area of a projecting sign shall be 1.5 square metres. 14.9 The maximum height of a ground sign shall be 3.0 metres. 301aaye 15.0 POSTERS Posters shall conform to the following regulations: 15.1 No person shall erect, place or display a poster than a community bulletin board. 15.2 The community bulletin boards shall be located to this By -law. 15.3 The maximum area of a poster shall be 0.28 squares metres. 15.4 A maximum of one (1) poster concerning a particular topic may be placed on a community bulletin board at any one time. 15.5 A poster may not be located so as to obstruct or cover any other poster. 15.6 Posters shall be erected, placed or fastened on the community bulletin board only by means of thumb tacks, pins, or tape. 15.7 City Staff may remove any poster that does not comply with these regulations. 15.8 City Staff shall remove all posters from community bulletin boards on the last day of each month. 16.0 SANDWICH BOARD SIGNS The regulations governing the sandwich board signs shall be as follows: 16.1 Notwithstanding any other provision of this By -law, the owner of a premises shall be entitled to one (1) sandwich board sign. 16.2 A sandwich board sign shall have no more than two (2) sign faces 16.3 The maximum sign area of a sandwich board sign shall be 0.54 square metres. 16.4 The maximum width of a sandwich board sign shall be 0.6 metres. 16.5 The maximum height of a sandwich board sign shall be 0.9 metres. 16.6 The maximum number of sandwich board signs permitted for each premises shall be one (1). on public property other as set out in Schedule "B" 1Page 16.7 A sandwich board sign shall be located on the sidewalk immediately in front of the premises to which the sandwich board sign relates. 16.8 A sandwich board sign shall not be located such that it impedes the movement of pedestrians in any way. 16.9 A sandwich board sign shall be removed from the sidewalk during any time that the premises to which the sandwich board sign relates is not open for business. 16.10 All other provisions and regulations of this By -law shall apply to sandwich board signs located in the Downtown Sign District, with all necessary changes in detail. 17.0 INSTITUTIONAL SIGNS The regulations governing the institutional signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table Institutional Sign 7 Regulations ground sign, fascia sign, projecting sign Type of signs permitted Maximum number of signs permitted 3 Maximum readograph sign area 15% of the sign area Maximum sign area Lot frontage Max. sign area Oto15m 2.3sgm 16m to 23m 4.6 sq m 24mto31m 7.Osgm >31m 9.3 sq m Maximum height of a ground sign Lot frontage Max. height 0 to 15m 2.4m 16m to 23m 3.6m 24m to 31m 6.0m >31m 7.5m Minimum setbacks for a ground sign 1.5 metres from any property line except where a ground sign has Tess than 1.2 metres of ground clearance which shall have a minimum setback of 3.0 metres from a streetline. 321Pa ;e 18.0 AGRICULTURAL SIGNS The regulations governing the agricultural signs permitted outside the designated Sign Districts in Table 1 shall be as follows: IV. VARIANCES AND AMENDMENTS 19.0 VARIANCES 19.1 Council hereby delegates the authority to grant minor variances to this By -law to the Director of Planning, Building and Development. 19.2 An application for variance from the provisions of this By -law shall be made to the Director of Planning, Building and Development on the appropriate form and shall be accompanied by the fee prescribed by the City. 19.3 The Planning Building and Development Department shall prepare a report for the consideration of the Director of Planning, Building and Development, that provides for an assessment of the application, the reasons for the variance and a recommendation to the Director of Planning, Building and Development. 19.4 The Director of Planning, Building and Development shall give notice of his intention to consider the application not Tess than ten (10) days before the day the decision is to be made with respect to that application. 19.5 Notice of the application shall be given to the applicant, all registered owners of property within 60 metres of the property subject of the application and to any appropriate agency or authority. 331Page Table Agricultural Sign 8 Regulations Types of signs permitted ground signs Maximum height 2.0 metres Maximum sign area 3.0 square metres Minimum setbacks 1.5 metres from any property line except where a ground sign has Tess than 1.2 metres of ground clearance which shall have a minimum setback of 3.0 metres from a streetline IV. VARIANCES AND AMENDMENTS 19.0 VARIANCES 19.1 Council hereby delegates the authority to grant minor variances to this By -law to the Director of Planning, Building and Development. 19.2 An application for variance from the provisions of this By -law shall be made to the Director of Planning, Building and Development on the appropriate form and shall be accompanied by the fee prescribed by the City. 19.3 The Planning Building and Development Department shall prepare a report for the consideration of the Director of Planning, Building and Development, that provides for an assessment of the application, the reasons for the variance and a recommendation to the Director of Planning, Building and Development. 19.4 The Director of Planning, Building and Development shall give notice of his intention to consider the application not Tess than ten (10) days before the day the decision is to be made with respect to that application. 19.5 Notice of the application shall be given to the applicant, all registered owners of property within 60 metres of the property subject of the application and to any appropriate agency or authority. 331Page 19.6 The notice shall identify the subject premises, state the date scheduled for the decision, provide a brief description of the proposed variance and particulars of how to make representations to the Director of Planning, Building and Development concerning the proposed variance. 19.7 The applicant shall post a sign, provided by the Director of Planning, Building and Development, on all street frontages the premises identifying the subject premises, stating the date scheduled for the decision, a brief description of the proposed variance, and the particulars of how to make representations to the Director of Planning, Building and Development concerning the proposed variance. 19.8 If the applicant does not correspond with the Director of Planning, Building and Development, the Director of Planning, Building and Development may proceed in the absence of the applicant and the applicant will not be entitled to further notice. 19.9 In the event that the applicant desires to submit additional information for the consideration of the Director of Planning, Building and Development, the applicant may request a deferral of the decision by submitting a written request by 4:30 P.M. of the day before the date the decision is to be made 19.10 In considering an application for the variance, the Director of Planning, Building and Development shall have regard for: (a) special circumstances or conditions applying to the lot, building, or use referred to in the application; (b) whether strict application of the provisions of this By -law in the context of the special circumstances applying to the lot, building, or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant of a type and nature inconsistent with the general intent and purpose of this By -law and the Official Plan; (c) whether such special circumstances or conditions are pre- existing and not created by the owner or applicant; (d) whether the sign that is subject of the variance will alter the essential character of the area in which it is located; and (e) any comments received. 34i?age 19.11 The Director of Planning, Building and Development may authorize a variance from the provisions of this By -law, with or without conditions, if, in the opinion of the Director of Planning, Building and Development: (a) the variance is desirable; (b) the variance is minor in nature; (c) that the general intent and purpose of this by -law is maintained: and (d) that the general intent and purpose of the Official Plan is maintained. 19.12 In the event that the Director of Planning, Building and Development has refused to grant the minor variance, the applicant may appeal the refusal to Council and the following rules shall apply: (a) The applicant shall deliver written notice of his intention to appeal to Council to the City in the prescribed form together with the prescribed fee within ten days of the date of the refusal appealed from. (b) The Director of Planning, Building and Development shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard; (c) The Director of Planning, Building and Development shall submit a report to Council stating the rationale for the refusal. (d) The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. (e) Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the matter before Council and the decision of Council on the application shall be final. (f) If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the Director of Planning, Building and Development with respect to the variance that has been refused is final. 20.0 AMENDMENTS 20.1 Where a proposed sign fails to meet any of the provisions of clauses (a), (b), (c) or (d) of section 18.11 of this By -law as determined by the Director of 35IPage Planning, Building and Development or where a proposed sign is not permitted by this By -law, the applicant shall make application for an amendment to this By -law by: (a) filing an application on the form provided with the Planning, Building and Development Department; (b) submitting the prescribed fees; and (c) submitting any plans, drawings, documents or studies that may be deemed necessary by the Director of Planning, Building and Development to assess the application. 20.2 The Director of Planning, Building and Development shall submit a report for the consideration of Council that provides an assessment of the application, the reasons and appropriateness of the proposed amendment and a recommendation to Council. 20.3 At least one (1) public meeting shall be held. 20.4 Notice of a public meeting shall be given to the applicant, all registered owners of property within 120 metres of the property subject of the application and to any appropriate agency or authority not less than 20 days before the day of the public meeting. In the case of a proposed general amendment to this by -law, notice shall be given by publishing a notice in a newspaper that, in the opinion of the City Clerk or the Director of Planning, Building and Development, is of sufficiently general circulation in the area to which the proposed general amendment would apply that it would give the public reasonable notice of the public meeting. 20.5 The applicant shall post a sign, provided by the Planning, Building and Development Department, on all street frontages of the premises stating the date, time and location of the public meeting and a brief description of the requested amendment. 20.6 If the applicant does not attend the public meeting, Council may proceed in the absence of the applicant and the applicant will not be entitled to further notice in the proceeding. 20.7 In considering an application for an amendment, Council shall have regard for, with all necessary modification, clauses (a), (b), (c), and (d) of section 18.11 of this By -law. 20.8 Council may impose such conditions upon the granting of an amendment as it deems appropriate in the public interest. 36IPage 20.9 Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the matter before Council and the decision of Council on the application shall be final. 20.10 Site Specific Provisions 20.10.1 20.10.2 Notwithstanding the provisions contained in sections 3.6.1 and 6.1.4 hereof to the contrary, one pylon sign shall be permitted on the lands at the southeast corner of Murray Street and Stanley Avenue, being PIN 64377- 0171 (LT), that are associated with the hotel located at 6361 Fallsview Boulevard, being PIN 64377 -0105 (LT), having a maximum sign area of 63 square metres." Notwithstanding any provisions contained in section 7.1 hereof to the contrary, one fascia sign composed entirely of an electronic video screen having a maximum sign area of 5.02 square metres, shall be permitted on the south elevation of the building located on the lands on the east side of Portage Road, south of Keith Street and being PIN 64278- 0062(LT), that are associated with the dentist office located at 3690 Portage Road. The sign shall not be used as a third party sign." V. PENALTIES AND ENFORCEMENT 21.0 PENALTIES AND ENFORCEMENT 21.1 No person shall: (a) erect, locate or display a sign without a permit if a permit is required under this By -law for that sign; (b) erect, locate or display a sign for which a permit has been obtained except in accordance with the approved plans and drawings submitted as part of the permit application; (c) erect, locate or display a sign in a manner that is not in accordance with the regulations of this By -law or the conditions of any variance granted under this By -law; 371Page (d) erect, locate or display a sign of a type which is not specifically permitted under this By -law; (e) erect, locate or display a sign which is on or overhangs public property; (f) fail to comply with an order issued pursuant to section 20.6 of this By -law. 21.2 Every person who contravenes any provision of this By -law or an order issued pursuant to section 20.6 of this By -law is guilty of an offence and upon conviction, subject to the penalties and sanctions provided by provincial law for such an offence. 21.3 Where a person has been convicted of an offence, the court in which the conviction has been entered and any court of competent jurisdictions thereafter may, in addition to any other remedy or penalty provided for by law, make an order prohibiting the continuation or repetition of the offence by the person convicted. 21.4 Where a sign is erected or displayed on, over, partly on, or partly over property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice. 21.5 Where a sign is erected or displayed in contravention of this By -law, the Chief Building Official or his designate may immediately pull down or remove any sign that he determines constitutes a safety hazard or concern. 21.6 Where a sign erected on private property does not comply with this By -law or a permit issued under this By -law, the Chief Building or his designate, may by order, require the owner to bring the sign into conformity in the manner and within the time specified in the order. 21.7 Any order required under this By -law may be given by: (a) personal service upon the party being served, or (b) prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c) prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 381Page 21.8 If the owner does not comply with an order given under this By -law within the time specified in the order, the Chief Building Official or his designate may order the owner to remove the sign and restore the property and building in the manner and within the time specific in the order. 21.9 Any order required under this By -law may be given by: (a) personal service upon the party being served, or (b) prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c) prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 21.10 Where the order is served in accordance with the provisions of this By -law, it is deemed to have been received by the party being served upon the mailing or posting of the order. 21.11 Where a sign is not removed or a property and building are not restored as required by an order issued under this By -law, the Chief Building Official or his designate may have the sign removed and the property and building restored. For this purpose, the Chief Building Official, his designate, or a contractor or other agent may enter upon the property and premises at any reasonable time. 21.12 The costs of removing the sign and restoring the property or building may be recovered by adding those costs to the tax roll to be collected in the same manner as taxes. 21.13 Any sign removed by the City shall be stored by the City for 30 days, during which time the owner may redeem the sign upon payment of the applicable fee prescribed by the City. 21.14 Where a sign has been removed by the City and stored for a period of 30 days and has not been redeemed by the owner, the City may destroy or otherwise dispose of the sign after 30 days without notice or compensation to the owner. 391 °age 22.0 CONFLICT 22.1 Where a provision of this By -law conflicts with any other By -law, the By -law containing the higher standard shall prevail. 23.0 VALIDITY 23.1 If a Court of competent jurisdiction declares any section or part of a section of this By -law invalid, it is the intention of Council that the remainder of the By -law shall continue to be in force. 24.0 REPEAL 24.1 By -law No. 2008 -224 as amended by By -law No. 2009 -001 and By -law No. 2010 -113 is hereby repealed effective the date of the passing of this By -law. Passed this 26th day of March, 2013. DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: 40 1Page SCHEDULE "B" Community bulletin board locations: 1. City Hall Square - 4300 Queen Street, Niagara Falls 2. MacBain Community Centre - 7150 Montrose Road, Niagara Falls 3. Niagara Falls Memorial Arena - 5145 Centre Street, Niagara Falls 4. Stamford /Jack Bell Arena - 6570 Frederica Street, Niagara Falls 5. Chippawa Willoughby Memorial Arena - 9000 Sodom Road, Niagara Falls 6. Oakes Park - 5700 Morrison Street, Niagara Falls 7. M.F. Ker Park - 3420 Sinnicks Avenue, Niagara Falls 8. E.E. Mitchelson Park - 3750 - 3800 Springdale Avenue, Niagara Falls S:ISIGNS120131SBA1 #1 - City- initiated updatelSign By -law 2008 224 - FOR MARCH 26, 2013 COUNCIL.doc 41 !Page CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the payment of $7,682,399.01 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 31, 2013 to February 20, 2013. Passed this twenty -sixth day of March 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013 March 26, 2013 March 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 March, 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 March, 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 ofNiagara 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 ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty -sixth day March, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: March 26, 2013 March 26, 2013 March 26, 2013