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2002/05/27m REGULAR MEETING May 27, 2002 PRAYER: Alderman Paisley Janvary-Pool 0 Canada: Andrea Morgan, on behalf of the Arts & Culture Commission, will sing the National Anthem ADOPTION OF MINUTES: Planning Meeting of May 13, 2002 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS The Future of Hospital Facilities Mr. John Carter wishes to address Council regarding the future of hospital facilities in the Niagara Region. Disability Advisory Committee Guy Prata and Sandy Bird, the City's Disability Advisory Committee wish to provide an update on the Committee's activities and request that Council proclaim the week of May 26th to June 1~, 2002 as "National Access Awareness Week". The Committee will also present the Pat Cummings Award in recognition of service to the disabled community to Chair. A.Van; and recognition will be given to Mr. A1 Levesque, for his many years of service as a Chair-A-Van ddver. -2- Nia~_ara Gatekeepers Program Ms. Renate Martin, Program Coordinator, Th wishes to request that Council proclaim the week "Gatekeeper Week" and provide information on the pi, International Food Fest Mr. David Haggerty, International Food Fes Council on the upcoming food festival at the Falls, sche at Kingsbridge Park. Ontario Clean Air Alliance Mr. Jack Gibbons, Chair, Ontario Clean Air on the phase-out of coal-fired electricity purchases. Mr. Jim Twomey, Senior Vice President o: Power Generation, wishes to address Council on the Mr. Peter Kelly, and Mr. Rick Prudil, Power~ Council on the issue. Reduction of Council Size and the Elimination of Mr. Ron Planche and Mr. Larry Savage wish t; laws on the Reduction of Council size and the Elimina Public Meeting Re: PD-2002-48 - Recommendation Report, B Subdivision; Owner: Cuviello Construction - In Trus Zoning By-law Amendment Application, AM-f O/20( - AND - CorreSpondence from Glen Barker, BLS Planning A matter due to previous commitments. e Niagara Gatekeepers Program, of June 1=t to June 8~h, 2002 as ~nned events during that week. t, wishes to provide information to ~uled for June 8th and June 9~, 2002 %lliance wishes to address Council Electricity Production, Ontario issue. /Vorkers' Union wishes to address Ward System address Council regarding the By- Yon of the Ward system. rookf/eld Court Draft Plan of t (Agreement of Purchase & Sale) ~2, Owner: Falls Manor Motel. ;sociates requesting deferral of the -3- MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS The Air Cadet League of Canada - Re: Proclamation - requesting that Council proclaim the week of June 10~h to June 16th, 2002 as "Air Cadet Week"; and requesting permission to hold a flag raising ceremony on June 12th, 2002 with the Mayor in attendance. RECOMMENDATION: That the requests be supported. The United Empire Loyalists' Association of Canada - Re: Proclamation - requesting that Council proclaim the week of June 16~ to 22'd, 2002 as "United Empire Loyalist Week" in Niagara Falls; and requesting that the Loyalist flag be flown during that week. RECOMMENDATION: That the requests be supported. The Chamber of Commerce, Niagara Falls- Re: Council Appointee on Chamber of Commerce Board of Directors. requesting that Council appoint an Alderman to the Chamber of Commerce Board of Directors to permanently represent Council and have voting privileges and that the City develop a rotating schedule of one alternate Alderman per month to attend Board of Directors meetings with the appoint representative each month with no voting privileges. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS COMMUNITY SERVICES MA TTERS Chief Administrative Officer MW-2002-61, Contract 2002-09, 2002 Crack Sealing Program. Chief Administrative Officer MW-2002-62, Contract 2002-02, 2002 Sidewalk & Concrete Repair Program, Chief Administrative Officer BBS-2002-04, Projecting Sign Variance Request; Marriott Hotel-Oakes Drive. Chief Administrative Officer Chief Administra#ve Officer -4- BBS-2002-O~ Payton- Vict¢ BBS-2002-O~ Proposed S~ RATIFICATION OF PARKING & TRAFFIC COMMI7 (Alde~rr~an Klm Craitor, Chair) 1. Chairperson, Municipal Parking & Traffic Committee MW-2002-06 Committee Meeting. RA TIFICA TION OF CORPORA TE SERVICES COMI (Alden'nan Wayne Campbell, Chair) PARKS, RECREATION & CULTURE MA TTERS 1. Chief Administrative Officer i, Billboard Sign Variance; Scott ria Avenue. ~, Downtown Board of Management ~ns. 'EE ACTIONS Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer 5. Chief Administrative Officer Municipal Parking & Traffic ~ecommendations, May 21, 2002 PLANNING MA TTERS 1. Chief Administrative Officer R-2002-24, Cemetery. R-2002-25, R-2002-26, R-2002-27, Commission'. R-2002-31, (~ Tractors. PD-2002-51 Application; Avenue; Prc - AND - Correspondence from Niagara Falls bed & Correspondence from Mr. & Mrs. Tom Jackson 2. Chair, LACAC PD-2002-52, Architectural' (LACAC) rlTTEE ACTIONS Vlonument Repairs/Drummond Hill ummer Ice Schedule. F'equest from Downtown BIA. F roposed Changes to the Recreation Activity Subsidy Fund Policy. Two 4-Wheel Drive Kubota , Zoning By-law Amendment AM-07/2002, 4741 Zimmerman ~osed Bed & Breakfast. ~kfast Association Inc. Strathaird Bed & Breakfast Appointment to the Local Conservation Advisory Committee -5- RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS MISCELLANEOUS MA TTERS 1. Chief Administrative Officer CD-2002-15, Special Occasion Permit. 4 Chief Administra§ve Officer L-2002-01, Repeal of Certain By-laws to Exempt Land from Part Lot Control. Chief Administrative Officer L-2002-26, 401879 Ontario Ltd., c.o.b. Lumber Transfer Lease Agreement with the City and the Regional Municipality of Niagara. Chief Administrative Officer L-2002-27, Richardson Encroachment Agreement with the City; 4225 Park Street. RESOLUTIONS RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S. 0., that the changes to the proposed zoning by-law for Application AM-07/2002 (Tony and Anna D'Amico, regarding a proposed tourist home at 4741 Zimmerman Avenue) are minor in nature and do not require any further notice That Council hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works (as listed in the resolution) The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. BY-LAWS 2002-096 To reduce the size of Niagara Falls City Council from 12 Aldermen to 8 Aldermen. 2002-097 To eliminate the ward system of electoral representation and replace it with an at-large system of electoral representation. 2002-098 2002-099 2002-100 2002-101 2002-102 2002-103 2002-104 2002-105 2002-106 2002-107 2002-108 2002-109 2002-110 2002-111 2002-112 -6- To amend By-law No. 2002-267, being a to certain Boards, Commissions and Co/ To amend By-law No. 2002-01, being a b. certain Boards, Commissions and Comn To authorize the Council to borrow mone 8275) To authorize the Council to borrow mon~ 8309) To autho#ze the Council to borrow mo 8788) To authorize the Council to borrow mor. 8904) To set and levy the rates of taxation for Ci and for Education purposes for the year To repeal certain By-laws to designate control To amend By-law No. 79-200, as amenc To amend By-law No. 89-2000, being a b on City Roads (Parking Prohibited, Stop To amend By-law No. 2002-081, being ~ agents and third parties for the enforcerr To authorize the Mayor and Clerk to ex~ other documents pertaining to Subdivisi( To amend By-law No. 79-200, as amanda & Restaurant) To authorize monies for Genera/Purpos, To adopt, ratify and confirm the actions o the 27~h day of May, 2002. by-law to provide for appointments ~mittees. l-law to provide for appointments to ~ittees. 'by way of debentures. (Re: C-008- 'by way of debentures. (Re: C-016- ey by way of debentures. (C-037- ey by way of debentures. (C-038- 'y purposes, for Regional purposes, 2002. land not to be subject to part lot ed. (Re: Zimmerman Avenue) y-law to regulate parking and traffic Signs). by-law to appoint City employees, ent of previncia/ or municipal laws. ;cute Subdivision Agreements and ,ns. ct. (Re: A M-04/2002; Rainbow Hotel ;s (May 27, 2002) r City Council at its meeting held on -7- NEW BUSINESS The Niagara Gatekeepers Program May 9,2002 Mayor Wayne Thomson Corporate City of Niagara Falls PO Box 1023 Niagara Falls, On L2E 6S5 Re: Gatekeeper Week Proclamation - June 1- June 8, 2002 Dear Mayor Wayne: We request an opportunity to speak at your Monday, May 27th council meeting. June is National Seniors Month. The Niagara Falls Gatekeeper Program Committee would like to officially proclaim June 1- 8th as Gatekeeper Week to increase community awareness and community presence. In honour of Gatekeeper week, we are planning some special events, beginning with a display at Niagara Square, on June 3rd. You are cordially invited to attend the ribbon cutting ceremony of the Welland Community Gatekeeper expansion on Friday, May 31, 2002 at 11:00 a.m. A formal invitation is attached. Should you require further information, please contact me Monday to Friday, 8:30-4:30 at 1-877- 212-3922 ext. 237. We look forward to receiving your confirmation, as soon as possible. Sincerely, Renate Martin Program Coordinator Encl. Cc: Margery Banks, Committee Chair The Niagara Gatekeepers PrOgram The Regional Municipality of Niagara Community Services Division i Phone: 905-735-3339 e×t 237 Seniors Community Programs T011 Free: 1-877-212-3922 e×t 237 163 First Avenue, Unit #1 Fax: 905-735-9425 Welland, ON L3B 1Y4 email:qatekeep(~.reaion al. niaqara.on.ca Looking out for seniors and opening the gateway to services You are cordially invited .... , To celebrate the arrival of Niagara Gatekeepers Program to the City of Welland * Ribbon Cutting , Ceremony ~ Date: ~ Place: , Time: * R.S.V.P. Looking out for seniors.. Friday, May 31, 2002 Rose City Seniors Centre 145 Lincoln Street Welland, ON 11:00-Noon "Official Ceremony" 11:00 a.m. Monday, May 27, 2002 905-735-3339 ext 237 II 1 · the · 1 ll 1 · Gateway · / to 1 · 1 · Services · 1 I/ /I Displays prizes~. RelreshrnentS Come Meet US and OUR Community Partners! 200~' bla p Q u esr.co rn, Inc.; (32002 Na viclatio n lech no We strive to identify seniors at risk and link them to community support services. NIAGARA GATEKEEPERS COMMUNITY FORUM LooMng Out for Seniors and Opening the Gateveay to Services Volume 3, Issue No. 1 Spring, 2002 Seniors are Netting more and Knitting less! My, how life changes! In the old days it was knitting, now it seems seniors spend their time netting. Seniors (55 +) are the fastest growing group of computer buyers and Internet users. In 1999, 25 percent of households headed by a person 55-64 years old used the Internet from home. In the 65 and over group, 10 percent did. Intemet use in the 65 and over age group is growing faster than in all other age groups. A computer can enrich yuur life in many ways. Just as you might not know exactly how your car works to drive it, so too, you don't have to understand the computer to seod elec- tronic mail (e-mail) to friends and family, shop online, play games, make greeting cards, read book and film reviews, or find valuable health information on the Intemet. For the experienced net surfers, here are a couple ofwebsites you might find interesting to visit: Canadian Association of Retired Persons www.carp.ca An association concentrated on issues that affect 50 years and over, health, money, family, leisure, travel, lifelong learn- ing, etc. Health Canada www.hc-sc.gc.ca/seniors-aines A variety of information on issues of health, technology. This website is continually updated. Be sure to check out the latest seniors news! DO YOU KNOW? Seniors in the Niagara Region can learn how to net by contacting your local community library. Courses are available at no cost, so call to find out when the course begins. Open the gateway to the world! Learn to surf the 'Net! Special Upcoming Events -- Come Out and Meet Us w April 18t~ -- Something for Seniors Home Safe~y Presentation Grantham Seniors Centre 415 Linwell Road St. Catharines ON Contact: Ken Wilkes 905-935-2030 May 27m -- 10:00 A.M. to 3:00 P.M. HEALTHY CITIES Senior~' Information D6plays (z~cluding Gatekeepers) CAW HALL -- 124 Bunting Road St. Catharines ON 905-735-3339 Ext. 237 (Our Office Number) May 31~ ~ 10:00 A.M. until Noon Ribbon-Cutting Ceremo~ at !/:00 A.M. Meet and Greet Gatekeepers Pub~c Forum -- Displays -- Speakers -- Refieshments Rose City Seniors Centre 143 Lincoln Street Welland ON 905-735-3339 Ext. 237 (Our Office Number) Gatekeeper Intake Line If you wish to make a referral to Niagara Gatekeepers, call: 905-684-0968 Additional wallet cards or brochures with the new phone numbers, please caIl: 905-735-3339 or toll-free at 1-877-212-3922 ext. 237 email: gatekeep~regional.niagar a.on.c a Editor: Renate Marth~ Produced as a Public Service 4Y: C:John Zammit NIAGARA GMTEKEEPERX~COMMUNITYFORUM Vol. 3 January 21, 2002 ONTARIO CI,,I~AN AIR The Clerk City of Niagara Falls 4310 Queen Street NiagaraFalls, Ontario L2E 6X5 Dear Clerk: Re: Phase-out of the City's purchases of coal-fired electricity In May 2002 Ontario's electricity market will be opened to competition. As a result, the City of Niagara Falls will be able to help phase-out Ontario's dirty coal-fired power plants by purchasing electricity that is produced from cleaner alternatives such as renewable energy and natural gas. According to the Ontario Medical Association, air pollutionis "a public health crisis" in Ontario. The five coal-fired power plants run by Ontario Power Generation (OPG) are major contributors to the public health crisis caused by air pollution in Ontario: l. OPG's coal plants produce as much air pollution as 6.2 million cars; 2. OPG's coal plants are responsible for 23% of Ontario's sulphur dioxide emissions (smog and acid rain); 23% Of Ontario's mercury emissions (a potent nerve toxin); approximately 20% of Ontario's greenhouse gas emissions (global warming and climate change); and 14% of Ontario's nitrogen oxides.emissions (smog and acid rain). 3. OPG's Nanticoke coal-fired power, plant on Lake Erie is Canada's #1 air polluter; and 4. OPG's Lambton coal-fired power plant near Samia is Ontario's #2 air polluter. I am writing on behalf of the Ontario Clean Air Alliance to ask. the City of Niagara Falls to pass the following resolutions: 1. The City of Niagara Falls endorses, in principle, the objective of phasing-out its purchases of coal-fired electricity; and 2 The City of Niagara Falls directs its staff to report, within three months, on the emission reduction benefits and financial costs of phasing-out the city's purchases of coal-fired electricity by: a} 2005; b) 2007: and c) 2010. 625 Church Street, Suite 402, Toronto, Ontario, M4Y 2Gl Tel: (416)-926-1907 ext. 240 · Fax: (416)-926-1601 E- m a i I: intb@cleanairalliance.org We b Si te: www. clcanairalliance.org I am enclosing a copy of our fact sheet: Purchasing .C, guide for corporations and governments. Our fact she will be willing .to sell coal-free electricity when Ontat coml~etition. I am also enclosing our pamphlet: The Nanticoke Ger~ Canct~,q~. And it's affecting our children's health. I would appreciate the opportunity to make a deputati The Ontario Clean Air Alliance is coalition of health, o/ganizations, faith communities, municipalities, utilil for cleaner air through strict emission limits and a pha sector. ~al,Free Electricity: A buyer's et lists some of the companies that o's electricity market is .opened to '~rating Station is the #1 polluter in ~n to City Council on this matter. :nvironmental and consumer les, unions and individuals working ~e-out of coal in the electricity Yours/t~ly, ONTARIO CLEAN AIR ALLIANCE www. cleanairalliance.org AIR QUALITY ISSUES FACT SHEET Purchasing Coal-Free · A buyer's guide Electricity for corporations and governments In May 2002, Ontario's electricity market will be opened to competition. As a result corporations and governments (municipal, provincial, federal) will be able to help phase-out Ontario's dirty coal plants by purchasing electricity that is produced from cleaner alternatives such as renewable energy and natural gas. The Problem In 1998 the Ontario Medical Association (OMA) warned that air pollution is "a public health crisis" in Ontario. According to the OMA's report, The Illness Costs of Air Pollution, air pollution costs Ontario more than $9.9 billion per year in health care costs, lost work time and other quantifiable expenses, as well as killing an estimated 1,900 Ontarians each year. As well as health problems associated with smog, coal-plant emissions are responsible for the release of dangerous toxins, such as mercury, that are particularly harmful to children. In 2001, the OMA released a report that indicated that ozone levels are continuing to rise in Ontario. According to the OMA, the "overall increasing trend in the annual average ozone levels in Ontario will continue to cause serious health damage for the people of Ontario." The five coal-fired power plants run by Ontario Power Generation (OPG) are major contributors to the public health crisis caused by air pollution in Ontario: 1. OPG's coal plants produce as much pollution as 6.2 million cars; 2. OPG's coal plants are responsible for 23% of Ontario's sulphur dioxide emissions (smog and acid rain); 23% of Ontario's mercury emissions (a potent nerve toxin); approximately 20% of Ontario's greenhouse gas emissions (global warming and climate change); and 14% of Ontario's nitrogen oxides emissions (smog and acid rain); 3. OPG's Nanticoke coal-fired power plant on Lake Erie is Canada's #1 air polluter; and 4. OPG's Lambton coal:fired power plant near Sarnia is Ontario's #2 polluter. Ontario's coal-fired power plants produce approximately 25% of Ontario's electricity generation. What corporations and governments can do Corporations and governments can help protect public health by beginning to phase-out their purchases of dirty coal-fired electricity when Ontario's electricity market is opened to competition. The Ontario Clean Air Alliance is asking corporations and governments to develop strategies to completely phase-out their purchases of coal-fired electricity by 2010 or sooner. continued over... Coal-Free Electricity Suppliers The following is a partial list of companies that intend to sc electricity market is open to competition. Check our websi for updates. Bracebridge Generation Contact: Chris Litschko, 705-789-5442 clitschko@l akelandpower, on .ca Calpine Canada www. calpinecanada.com Contact: Rob McManus, 403-750-3300 robm@calpinecanada.com Coral Energy www. coral-energy, com Contact: Greg Baden, 403-216-3567 gbaden@coral-energy, com Mississippi River Power Corporation www. mississippiriverpower, com Contact: Scott Newton, 613-256-2403 sjn@mississippiriverpower, com Ontario Electricity Financial Corporation www. oefc.on.ca Contact: Bill Ralph, 416-325-8057 bralph@ofina.on.ca ONTARIO CLEAN AIRALLIANCE ll coal-free electricity when Ontario's ;e at www. electricitychoices.org/coalfree Ontario Power Generation www. o] )g.com Contac';: Bruce Boland, 416-592-4480 bruce.~oland@opg.com Regional Power Contact: David Carter, 416-593-4717 davectegionalpower, com Sithe .E. nergies www. s~the.com Contact: Duane Cramer, 416-869-7503 dcramlr~sithe.com Toron~o Hydro Energy Services www. tgrontohydro.com Contact: Joyce McLean, 416-542-3047 jmclealC~orontohydro.com TransAlta www. t~ansalta.com Contac';.' Ken Yewell, 410-295-1746 ken_ye well@transalta.com Costs and benefits Like any energy purchase, costs will vary from supplier to s source, etc. However, we expect many sources of cleaner po power mixes that include coal power. Public support for usi] In a recent Oraclepoll Research survey conducted for the Or respondents said they were concerned about air pollution az their health. Eighty-two percent of respondents said that ( its Nanticoke coal-fired plant to cleaner-burning natural gag Nanticoke is Canada's #1 air polluter. ~pplier based on demand, availability, ~er to be price competitive with standard ~g cleaner power sources is very strong. .tario Clean Air Alliance, 90% of Ld 75% believed air pollution was affecting )ntario Power Generation should convert - only four percent were opposed. ELECTRICITY, 18/01/02 AIR QUALITY ISSUES FACT SHEET #1 1: PURCHASING COAL-FRE A BUYER'S GUIDE FOR CORPORATIONS AND GOVERNMENTS For more information For more information on air-quality issues, the impact of co~l power on our environment and our health and what you can do to promote better air quality in Ontario, please visit our website at www. cleanairalliance.org or e-mail us at info~cleanairallia~ce.org. Ontario CleanAir Alliance 625 Church St., Suit,~ 402,Toronto, ON M4Y 2Gl vwvw. cleanairalliance.org · info@cleanairalliar ce.org · 416-926-1907 x245 Thanks to the George Cedric Metcalf Charitable Foundation, the Joyae Foundation, the Laidlaw Foundation and the Toronto Atmospheric Fund for the ir financial support. ~]'2llglll0 Atm0spheri¢ Fur I¥1RK, ~). ZUUZ 1:S/FNI IJUIVlRI~ K~bUUKL,~b ~U, U~U h I ONTAR.IOPOWEB GENERATION Iz d. FALLS CLE r,S 0306 Dean Nor'ton PUblic n~i'al~ O~r dean.no~o~,~ , 14000 Niagara Parkway, Niagara On The Laka. Ontario LOS 1~0 TaI,: gOS-~57-0322 Fax: gOS-357-89S8 Niagara Plant 6roup March 6, 2002 Faxed to: g0$ 356-9083 The City of Niagara Falls Cit7 Hall, P.O. Box 1023 4310 (~e~ Sa'eet Niagara Falls, Ontario, Canatta L2E 6XS Attention: Mr. Dean Iorfida City Clark Dear Mr. Iorfida: Presentation to Nla.qara Falls City 3uncil We understand that Mr. Jack Gibbc~ns, representing the Ontado Clean Air Alliance, has requested to make a presed, ati.~n to Niagara Falls City Council. We believe that Mr. Gibbons will be presenting information related to the activities of Ontario Power Generation, We request to be InclUded on the same agenda as Mr. Gibbons to ,.~. present to Niagara Falls City Councd also. . . I understand that the presentabon date could be either March 18~20'02 or March"25, 2002, Would you please let .me kdow on which date we :~-""scheduled once the agenda has been finalized. Sincerely, Dean Norton Public Affairs Officer Rpp 03 02 03:24p P~U 41G3222454 p.3 WORKE UlqlO q April 3, 2002 His Worship Mayor Wayne Thomson and the Members of the Municipal Council of thc City of Niagara Fails Re: Studying an End to Purchases of Electricity Generated by Coal-Fired Stations It is my understanding that you may soon be asked to consider a motion to investigate the feasibility of phasing out purchases of coal-fired electricity. This letter explains why such a decision is premature and not in the best interests of the constituency you represent. The Power Workers' Union is uniquely positioned to provide the following viewpoint. As well as representing over 15,000 workers employed by 35 different companies, the PWU actively participates in the debate and decision-making over the restructuring of Ontario's electricity industry. As PWU President, it is my responsibility to represent the interests of the membership. It is also important to note that these people live in communities across Ontario and they are affected directly by municipal level decisions such as the one regarding art end to the purchase of electricity from coal stations. There is an implicit suggestion in considering such a motion that there might be an alternative means of producing electricity to replace the 20 percent of electricity that is currently provided by coal in Ontario. A review of the facts leads to the conclusion that this assumption is not true without significant additional costs that would provide very little real gain in air quality. Ontario Power Generation (OPG), the current operator of the province's coal-fired stations, has reduced and intends to further reduce emissions from its facilities. Added to the 1.8 billion dollars spent since 1984 and the recently announced 250 million dolNr investment for selective catalytic reduction abatement technology installation, OPG publicly committed to continue making improvements in order to meet tighter government caps on emissions which take effect over the next five years. The result of these expenditures to date has been increasingly reduced emissions per unit of electricity produced. This value for money is important when considering alternatives to coal because the additional costs of conversion to gas will not provide similar proportional improvements in air quality. For example, the already proven technology OPG plans to install would reduce nitrogen oxide (Nox) emissions from the affected generating units by 80 percent. NOx is the 8pr 03 02 03:24p PWU main constituent of summer smog. Gas conversion would, m Alliance, reduce Nox emissions by 90 percent or an addition OPG fossil generation accounts for only 14.7 percent of all 1 and about 7 percent of the NOx affecting the Province (mor{ U.S.). Gas conversion would reduce aggregate Ontmio NOx than the technology OPG is installing. The economic costs associated with a less than 1 percent del Ontario as a result of gas conversion are formidable. Capital costs - replacing OPG's existing coal-fired stations would cost approximately $5 billion - many times the cost c the required write-off of the existing coal-fired assets would dollars. Operating costs - natural gas is more expensive than coal ever going to change. Moreover, natural gas spot market pri 200 percent increase, making it impossible to predict the co: fuel. Coal prices, on the other hand, are very stable since proven last for centuries. OPG has estimated that substituting gas f( production levels would cost hundreds of millions more per fluctuate in both directions - higher and lower - but would fired electricity. Aggregate economic costs - someone would have to pay t Since only about 30 percent of Ontario power consumption and industry would pay most of it. This additional cost wou product cost impacts. Air quality impacts - conv¢lx'ing OPG coal stations to gas province's air quality. Ontario will soon be competing for p U.S. states such as Ohio, Indiana, Michigan, Pennsylvania ~ their power from coal and which have no intention of conw Ontario does convert to gas, our power will be significantly from neighbouring generators. Market forces will inevitably lead Ontario customers to the Ontario's smog-producing emissions come from less techm these states, the net effect on the province's air quality will Diversion of natural gas from other uses - a recent study Association found that an investment in excess of $70 billic 41~3222454 :cording to the Ontario Clean Air al 10 percent. lOx emissions originating in Ontario : than 50 percent originates in the levels by less than 1 percent ~nore :rease in NOx emissions affecting with combined cycle gas plants f abatement technology. In addition, raise the stranded debt by billions of nd no one is predicting that this is :es fluctuate wildly, e.g. last year's of electricity generated with this ~al reserves in the U.S. alone would coal at current prices and power 'ear. This number would certainly arguably be much higher than coal- .ese additional billions of dollars. is by residential customers, business .d have negative employment and ,vould, ironically worsen our ~wer sales with generators in nearby nd Kentucky, which produce most of rting their existing stations to gas. If more expensive than that coming lower cost power. Since much of ,logically upgraded coal plants in ~e negative. for the Interstate Natural Gas n will be needed in the North p.4 ~pr 03 02 03:25p P~U ~163222~5~ p.5 American gas grid by 2015, based on significant annual increases in usage largely attributed to the growing demand of gas-fired geaeration. This underscores the need to make choices as to the best usage for available fuel sources. Experts estimate no more than 30 years of supply for natural gas, which is widely used as a home-heating source, in industrial processes and increasingly in air conditioning applications. Increased demand for generation will only deplete gas resources and drive up natural gas costs for these purposes with further direct impacts on homeowners, business and industry. In comparison, North American coal reserves are expected to last for well over 300 years. While environmental concerns are constraining the greater use of coal for electricity, billions of dollars have been spent in the last ten years on "clean coal" research in the U.S. and even more will be spent in the future. New technologies and processes for significantly reducing coal generation emissions already exist - and even more are on the horizon, Fluidized Bed Combustion and various methods of using coal to produce clean-burning methane gas among them. The PWU completely agrees with the objective of making Ontario's air as clean as we can. But it would be economically hazardous in the extreme to purchase such a marginal improvement at such a heavy short-term and long-term cost. This is particularly true since new coal burning technologies on the horizon promise to overtake the lower emission benefits of gas withha the next few years. The fastest, least expensive and most economically stable way to reduce Ontario power production emissions at source is through refurbistunent of existing coal-fired plants with current and emerging "clean coal" technologies. Wholesale conversion of Ontario's coal plants to natural gas would be too expensive and too economically risky. In conclusion, there is little benefit in further studying alternatives to coal when abatement and other technologies will improve related air quality emissions. I trust this information will assist you in any decisions you may be asked to make on this matter. Yours truly, Don MacKinnon President ENERGY, ECONOMY AND ENVIRONMENT A POWER WORKERS' UNION PROPOSAL FOR BETTER MEETING THE NEEDS OF ALL THREE Municipal Councils in Ontario arc being asked by the Ontario Clean Air Alliance (0CAA) to pass resolutions against the purchase for municipal government use of electricity generated from fossil fuel stations. The purpose of such a policy would be to reduce atmospheric emissions from coal-fired plants and encourage their conversion to natural gas. The Power Workers' Union has represented a large majority of Ontario electrical system employees for the past 55 years. Our members, who work everywhere in Ontario, maintain transmission and distribution wires networks that would circle the earth four times. They also work in nuclear, hydroelectric, coal, natural gas and oil-fired generating stations, as well as in Ontario Power Generation's renewable energy portfolio. We have a uniquely comprehensive view of Ontario's electricity system and have no special loyalty to any particular form of generation. We have long supported the introduction of customer choice in the electricity supply industry. We also share with many others the goal of reducing, in economically sustainable ways, the environmental impact of electricity use in the province. It is in this spirit that we offer our observations and recommendations on the OCAA position. The Complexity and Advantages of Ontarh Ontario's electricity system is more complex thaZ~ our unique mix of nuclear, hydroelectric and fossf. complexity, however, is responsible for the excepl low cost power system we have long enjoyed, one emissions per unit of energy that ate significantly American jurisdictions. A brief sketch of the gene show why. Ontario's nuclear energy capacity, at full strength: percent of our domestic n~eds. Our hydroelectric renewable energy, can meet approximately 25 pe~ emit neither acid gases nor greenhouse gases. Fos much as 30 percent of the province's needs. Final amount of available wind, solar and biomass gene hydroelectric renewables are expected to eventual marketplace as the cost of power from these somx These facts would seem to indicate that our curre: relatively low (10 percent or so) and could be qui But this is not the case. }'s Electricity System in most jurisdictions because of (mostly coal) generation. This tonally reliable and relatively that produces average air lower than in most North ration side of our system will is capable of meeting about 65 ;tations, which produce :ont. Both these generation types fil generation can produce as ~y, there is, as yet, a negligible ration, but such non- ly flourish in an open ~es falls. need for fossil power is :kly and economically replaced. 2 Although nuclear capacity is currently underutilized and can meet only about 50 percent of the province's needs even with the proposed return to service of units a Pickering and the Bruce, economic growth can be expected to soak up much of the refurbished additional nuclear capacity over the next few years. Ontario's hydroelectric potential is more or less tapped out at about 25 percent of the province's needs. Only marginal capacity increases are possible. Moreover, even our existing capacity has in recent years been constrained by low water levels and competing uses for our water resources. Without fossil generation, Ontario would have a significant electricity deficit, particularly during peak winter (heating) and summer (air conditioning) seasons, even assuming non-stop operation of existing nuclear capacity, which is unlikely. The amount of power we can import from neighbouring jurisdictions is limited and most o£the province's interconnections are with the U.S. Midwest and Northeast, where coal is the dominant generation fuel - as much as 80 percent in nearby states. (This is why Ontario's aggregate energy unit air emissions are much lower than in the U.S.) It is highly unlikely that financing could be found over the next few years for enough renewable generation to replace any more than a fraction of the power we currently derive from fossil. For example (using the least expensive renewable generation), it would require about 6,000 one megawatt wind turbines operating at full capacity to produce 25 percent of Ontario's summer peak requirements. t£8-~ Ol/~O'~ £90-£ 3 This 6,000 megawatts represents about 150 percer capacity in the entire United States and would rec million per mcgawatt~, for a total capital cost of .~ extreme to think that money could be found to de~ of new wind power, especially in a deregulated ml are guaranteed. Gasification an economically and environ The solution to all of the above, says OCAA, is tl Ontario's coal fired stations to natural gas, an alte lower emissions than equivalent coal generation. straightforward solution and presents both econo~ OCAA has not acknowledged. 1. High Capital Costs - Converting OPG's exist' would cost approximately $5 billion, assuming su at acceptable interest rates. Volatility and other uz market have depressed the appetite of capital mar investments. 2. High, Volatile Operating Costs - Natural gas than coal and its price is highly volatile, as we ha~ much of the U.S. Western power crisis of 2000-0 prices. It took a recession to bring down the cost already signs that gas prices are '¥ecovering' a]o economy. ~ Source; American Wi~d E~e/gy Association; wwv,,.awea org. of total current installed wind are capital investment of CS 1.5 billion, it is unrealistic in the ~lop anywhere near this amount trketplace where no customers nentally risky proposal wholesale conversion of Native fossil fuel that results in towever, gasification is not a dc and reliability risks that ng coal-fired stations to gas :h financing was even available ~cet~ainties in the U.S. power cets for energy infrastructure is significantly more expensive ~e seen in recent years. In fact, can be attributed to volatile gas ,fr~atural gas and there are Ig with the North America~ 4 Coal prices, by contrast, are expected to remain stable well into the future since proven coal reserves in the U.S. alone would last for centuries. OPG has estimated that replacing coal by gas at current prices would cost an additional hundreds of millions of dollars per year. This number would certainly fluctuate in both directions - higher and lower - but natural gas would most certainly be much higher than coal-fired electricity, as it regularly is by 100 percent. Add to all this the fact that more money would be shipped out of Ontario to pay for the large volume of natural gas we would have to import under the OCAA proposal. 3. Negative Impact on Ontario's Economy - Most cf these additional billions of dollars in costs would be paid by business and industry, which uses about 70 percent of all power in the province. Much of Ontario's economic strength lies in energy-intensive natural resource and manufacturing industries in which literally pennies per production unit determine international competitiveness. Shifting Ontario's capacity to respond to peak demand from coal to gas will inevitably lead to higher, more volatile power prices. Ihis is an economic risk that Ontario cannot afford to take, especially since Selective Catalytic Reduction technology is a much more feasible and cost effective way to significantly reduce smog-related nitrogen oxides at source.2 t Selecti,,e Cahalytic Reduction ($CR) technology is being init,ailed by Ontario Power Oetaemtmn at both Nallticoke aid Lambton fossil gen~ratiulg stations at a cost of $250 million. SCR o~ z urlit mil tedtlee nitrogen oxide OqOx) emissions by 80 percent from [evels in 2000, a l-ecord year for fossil power plant production in Ontario. Gas cot~version ,~ould, according to OCA.A. reduce the smog-creating NOx emissions by an additional 10 percent, But since OPG fossil generation accounts for only 14.7 percent of all NOx emissions originatlng in Ontario, gas conversion would reduce aggregate Ontarm-soutce NOx levels by only about 1.5 percent more than_ the SC!*. technology In fact. bccmlse 50% of NOx emissions originate in other jutlsdictions, thc impact of conversion to gas would be less than 1 percent. Tkis is simply not a l~.tige ellmtgh difference to ,~art~nt putting Ontario's economy risk because of the inherently gl'eater volatility of tlatutal gas ms a vis coal. 5 4. Negative Impact on Renewable Energy Dev~ Recent financial market trends have underlined th, unlimited amount of investment capital available investment. Putting billions of capital dollars into was willingness on the part of investors to do so) that would be better directed towards other invesl Ironically, focusing on gas conversio~ would reta~ environmentally benign, and ultimately much che Moreover, gas conversion wilt not create a single capacity Ontario needs to fuel our continuing eco U.S.-based power market volatility. $. Reduced Energy Independence for Ontario represents increasing energy independence for Or wind, sunshine or biomass). Gasification would h Ontario must import natural gas and compete for and energy-hungry United States. 6. Diversion of natural gas from industrial and electricity production - a recent study estimates needed in the North American gas grid by 2015, usage being the generation of electricity by natm gas to electricity production would lead to substa heating and industrial processes where its use is Energy Efficiency is the ultimate "Green The single most economically and environment~ emissions is to pemxanently reduce the demand lopment fact that there is not an ~r energy infrastructure gas conversion (assuming there vould soak up a lot of investment iients such as energy efficiency. d the adoption of more ~per, energy technologies. kilowatt of the new generation nomic growth and shield us from - Renewable generation tafio. (We don't need to import ~ve the reverse effect, since its availability with the massive residential applications to that about $70 billion will be he most significant increase in d gas. The diversion of natural ~tial cost increases in home host strategically critical. lower" ly wise approach to reducing air x generation of any kind through 6 ~O-O~-p~V energy efficiency. Moreover, energy efficiency measures create many more jobs than the building of power production capacity~. The great majority of these jobs would be dispersed lhroughout Ontario and would contribute to local economic development~. Conclusion and Recommendations The OCAA proposal that municipalities study a ban on purchase power from coal- fired facilities is not economically sensible, in either the short or long teiii~s. In the near temJ, there is simply not enough alternative power available to meet current peak demand, either in Ontario or from interconnected jurisdictions. In the longer term, entrenching natural gas as the dominant peak-meeting capacity will result in higher, more volatile energy prices and reduced reliability. There are other, mote economically and environmentally sensible ways to achieve lasting reductions in air emissions from electricity use. Towards this end, we recommend the following measures to Ontario municipalities: 1, Support the installation of Selective Catalytic Reduction technology on existing Ontario coal plants as the much more cost effective method of reducing smog-related emissions. 2. Actively support the establishment of a provincial program to insure energy efficiency investments. 3. Undertake an aggressive energy efficiency program in municipal facilities. ~ The Toronto-based United Nations agency, ll~temational Council for Local Environmental Initiatives. has calculated that energy efficiency measure.~ that reduce power use by one mcgawatt creates three times as many jobs as builcting the capacity to generate that rnegawatt a Iht Powcr Workers~ Union has proposed a pro,am of ratepayer-sulYPoded insurance for energy efficiency project fin~cing that would unlock billions of dollars of investment capital from Cansdian pension funds and other svurces. Table 26. U.S. Electric UUliVy Receipts of and Average Cost for Fos October 2001 1~ ......................... ?6~.{sZ I~ 1dj.Ti9 2J~2 lm~ ...................... ~1 1~ ~ {~.l I~ J~ .... 7fi~ 122 i 13.~15 17K 3 14,0~ ~e~ ..... ~).q~6 124 ~ lo.nt3 1~6 2 lu.~i~ A~i ............... ~l,q}3 t2dA 1~ 2[ ~ i 1.~ Mmv ......................... mi.d~ l{ i.{ lo.vol ~0,2 I J~ .......................... 74.42~ l~) I {.l~ ~-5 [ 1.9~9 ~y ........................... 76.4~ 1~1.0 [].2d9 2~o.~ {~m~ .............. M,;~ li~ m.~lT ~l I0,1~ ~ ...... 11.~ I{ 121 ~ 8.~{ ~1~ ~ w~t ............ ~J.~ t tg I ~9 ~15 g 8.0~ ~r 9&6~ il{ 2 6.OJfi 3{0 d 6.g~ 2.~q~ .................... ~oB~2 1M.6 ID~I{ 2d3.{ M~h ~.?f13 121 2 3.96~ ~5 ~ Ami ..... ~,8~ 121 6 4~ l 379 e J~. ,. ~.61~ 121 I J0.U~ ~.4 ~lv .... ~.{1~ I t~ ~ 11 J~ ~I.o 12.02~ Au~ ...... ~.l~ IJx.5 lO.~Z dIR.o 11.412 ~ ............ ~,~2 J 17.6 ~.e~ a~9 I~. ~r ................ G [.~ L~ I .~ ~.944 4~. 9 N~m~, ...................... ~1.17~ I I e I ~ I kd ~2 ~ ~m~* ......... ~l.s~ I1{~ 1o.4~ 4~1 u J~ ....................... 67.(~0 i2Z) 13.773 421 ~ ~ .................... ~.]~ I~ o 9.16~ ~ 2 ~.~ 1~ 63.~7 ~Zd k to,? [9 380 i l L.2~ lulv ....... 6~.9~ i 22 J I0 8~Z 359.v 1 I ~r .................. ~.4~ 121.0 ~Jo3 3(~.U T~d ................. t:~ t~J v~ JIs.i InJ.~ 19~ .......................... T$9.~S 1~22 1~.~40 2J~J 116,~4 ' lueiude, I,!~. blmm~o,., c~ql, ~ubb,tu~,boum coal ~d ~f~J~. ~l~ ~hc Ener~ L~fc~m~tto'n Adnunistracion/Elccitnc Pos t£B-d 0t/BO'd tg0-~ ~ ~ 2J6JJ04 2U.~ {BR.Q 2.~M.734 2?to 151~ 1~19 163.114 ~5.s 217.6 ~q.~ 22( 7 tdl.~ Z67 ~ ~?,~n ~1 ~ 151 JO3 7 379~67 ~Z. { 1Su Z 3120 26~42 ~9~.5 151 d 320.9 ~0.~3 ~2,4 35~,q 16&76{ 264 ? jlq,$ ]a9.~G ils g a26~ 33~.15a 4294 18~ 477; 14~.630 550.5 471.8 156.~3 ~09 3~B,I ~7.4q1 29~.5 156.R :Monthly Gas grid needs · huge mvestmen by 2015: study WAS~ING'rON The U S.-Canadian natural gas sup- ply grid needs $6?,g-billion OJ.S.) in investl~ellt by 2015 to m£et the de- mands of expected economic a~d power plant growth, according to an itldustry study released yester- day. The pto~ction hi/ constdtin§ carnpa~¥ Encr~. and £o~i~an- ~eDtal ,~al)r~is mc ~ssth'nes e~o~ nomic growth of 2.$ per cent a yea~ in the Umted SLates and 2.2 per cent a ye~t in Canada, and surging natural gas demand for the generation of power. It includes u~4~ected needs for g~ sto~§e and rout)ne Teplae~- ments, but excludes investment in gas gathering li_ncs tn prodtlctng area.~ and local lines for the distil- butio~ of gas. The study, conlmissioBed by the Interstate Nai/u'al Gas A~soctafion of AITtoriea, forecasts that U.S. gas demand will reach 31.3 trillion cubic feet by 2ot$. up B,l 3 per cent {rom ZB.3 tcf in 2000, r¢fleetivg av- erage all.heal growth of about 2.3 per cent. U.S. gas demand for power generation is t~pected to more than double to 8.6 tcf by 201,5 from 1.; 4,2 tcf in 2000, wh~le industrial gas ti demand rises 20.7 per cent to 10.S tcf. 'The analysis ~dicates that the , provided that indtlstry, r?gula~to.r,s · ~ and legislators address Wc cnaJ- lei~§es posed by the gro?g de- mated for gas," the report saict. purnong factors that could impede such growth are the u~ward spike in natural gas prices in g000 and 2001, and thc effect of Enl'.c Corp,'s bankruptcy ?~ e~,~r~ se. tel: equiW and credit, tile added. The Chapter 11 bamkrtlptcy~t £nm~, a tnajor U.$ gas pipel~. operator and energy trader, "has {{ stilted m reductions of capital pendJtures for both natural infrastructure and po' generation." the report s .aid. In addition, the insol~rtcY raised the cost of debt-financed etgy projects for at least the n~ terrtl. The ,~tudy's authors said an por~ant va_liable for ~turc p)pell! construcOon w~ll be whether g customers comll~t to enough term contracts for pipeline capac: to support the pr~iected tnveS The study assumes that a pip line will be built by 2007 to ca~j Slone ess through ~,anaaa, m~ lo"er ~8 states, and that by Lu Arctic Canadia~ fie)ds in the ker~xJe Delta ~ -~l~o be to the lower 48 markets. Among the stUdy's other 13rf in§s: rathe United States will ne. $4?.7.billion, or about $3.2-billiofl year, for gas transmission c~pad between 2001 aind 2015, S2.8-billmn for gas storage over t~ s~me period. = Canada will need $16.8-bilhon gas pipeUne capacity al{ $400-milBon for storage capac~ over the period ~ ~1.$ gm .~upply, i~cluding kern ~aSka, should grow m 25.6 in 2015 horn 19.1 tcf tn 2000. Doti~ Iones Serrate BLS P.lanning Assoaates May 21, 2002 M~. Doug Darbyson Director of Planning and Development 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson: BROOKFH3LD ESTATES ATTENDANCE AT COUNCIL Please bc advised that due to previous coincidents (i.c. at~ends~cc at Lincoln Planning and Development Committee respecting throe matters) I will not be able to atten? !he. May 27~ meeting of Niagara Fails CotmeiL As a result, it is respectfully requestea mat Council defer consideration of your Staff Report if it was to be placed before Council for this forthcoming Monday. Should you require further information or clarification, please do not hesitate to con~act Yours truly, BLS PLANNING ASSOCIATES O ~~,MCIP, RPP °~ Dir~tor cc: R- Volpini IRECEIVED flAY 21 2002 PLANNING DEVELOPMENT Better L~ncl Use Solutions 3215 North Service Road 1 St. Paul Street, Phase 1 Box 220, Burlington, ON L7R 3Y2 2nd Floor, St. Cathadnes, ON L2R 7L2 Tel: (905) 335-1124 Tel: (905) 688-1130 Fax: (905) 33~-1414 Fax: (90S) $88-5893 E-mail; pli~nning@blspiannincj.on.ca THE AIR CADET LEAGUE OF CANADA ONTARIO PROVII~CUU. ~TTEE 4900 ¥onge Street, Suite 600 North York, ON M2N 6B7 TEL: (416)952-1687 FAX: (416)952-1659 e-mail: airclopc~aol, corn May 13, 2002 Via E-Mail Only Mayor Wayne Thomson 4310 Queen St. Niagara Falls ON L2E 6X5 Your Worship Mayor Wayne Thomson: As you will recall from our earlier invitation which you regrettably had to decline, the Air Cadet League of Canada and the Royal Canadian Air Cadets are closing the year- long 60th Anniversary celebrations with the 61~ National Annual General Meeting. This year's meeting, attended by delegates from across Canada, is hosted by the Ontario Committee of the League and will be held in Niagara Falls, 13-15 June 2002. In order to truly mark our presence in Niagara Falls, we respectfully request that your City Council declare 10 to 16 June 2002 "AIR CADET WEEK". Further we would be etemally grateful if we could fly the Air Cadet League Ensign at City Hall until Sunday, 16 June 2002, starting with a flag raising ceremony for the delegates at 7:30 PM on Wednesday, 12 June 2002. The ceremony would be presided over by yourself and the National President of the Air Cadet League of Canada, Monsieur Gilles Cuerder. Our planners would look after the media advisories and have present some Air Cadets and Leaders in uniform, as well as one of our Air Cadet Gliders. Your favourable consideration of our requests would be truly appreciated. We look forward to your reply and to meeting you. Yours truly, signed Bob Robert Executive Director Air Cadet League of Canada (OPC) HI,/4G. FHLLsCLERKS O~(J5~'J iS:0~_ o alists' lssociation ut anab ~ol. John Buffer (Niagara) Branch Ms. Noreen Stapley LIE 768 Buchner Road Welland ON L3B 5N4 (905-732-2012) May14,2002 Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 To Mayor Wayne Thompson and the Members of Niagara Fails City Council The Ontario Legislature in recognition of the contributions that the United Empire Loyalists and their descendants made and continue to make to the development of Ontario, passed an Act on December 18~', 1997, proclaiming June 19~ United Empire Loyaiists' Day in Ontario. The members of Colonel John Butler ( Niagara ) Branch of the United Empire Loyaiists' Association request that Niagara Falls City Council proclaim the week of June 16t~ to 22"d, 2002 United Empire Loyalist week in Niagara Falls. We aiso request that the Loyalist flag be flown during that week on the flagpole at City Hall. We will provide the flag. Thank you for your consideration of our request. Loyaily, President, Colonel John Butler ( Niagara ) Branch Of the United Empire Loyalists' Association of Canada PHONE: 1-905-732-2012 Cc Councillor Janice Wing, LIE May 7, 2002 4056 DORCHESTER ROAD NIAGARA FALLS ONTARIO L2E 6M9 Mr. Dean Iorfida, Clerk Clerk's Division City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: Re: Council Appointee On Chamber of Commerce Board of Directom The Board of Directors of the Chamber of Commerce Niagara Fails, Canada approved the following motion at their meeting on Wednesday, Apd124, 2002. "That the City of Niagara Falls be requested to appoint an Alderman to the Chamber of Commerce Board of Directors to permanently represent Council and have voting privileges; and that the City develop a rotating schedule of one alternate Alderman par month to attend Board of Directors meetings with the appointed representative each month with no voting privileges." The Board of Directors is requesting the rotating monthly schedule to allow for additional members of Council to participate in the Chamber of Commerce. We would like to invite one alternate member of Council to attend Board of Directors meetings per month. Please forward the schedule, including contact information, once it has been prepared so we We also request you forward us the the Council representative appointed to the C month to our Board of questions. per have any TELEPHONE 905,374,3666 FAX 905,374.2972 EMAIL admin@nflschamber, com WEBSITE www. nflsohamber, oom Sincerely Carolyn A. Bones President ~t~ N"i~q~-RA ~AE~'A'~-~Z~R PI~E TO LIVE, WORK & PLAY SINCE 1889 1 The City of Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of the Municipal Council City ofNiagaraFalls, Ontar±o Members: Ed Dujlovic, P. Eng. Director MW-2002-61 File 2002-09 May27,2002 MW-2002-61 Contract 2002-09 2002 Crack Sealing Program RECOMMENDATION: It is recoramended that the unit prices submitted by the low tenderer, 788893 Ontario Ltd. (Niagara Crack Sealing), be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 21, 2002 at 1:30 p.m. for the above noted contract. Tender documents were picked up by three (3) Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the (Niagara Falls) $74,460.00 (Rexdale) $77,760.00 (Weston) $79,620.00 three (3) Contractors. 1. Niagara Crack Sealing 2. Road Savers 2000 Ltd. 3. Roadmaster The lowest tender was received from 788893 Omario Ltd. (Niagara Crack Sealing) in the amount of $74,460.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works * Fire Sen/ices Parks, Recreation & Culture Business Development 2002-05-27 2 Financing: The Engineer's estimate for this contract was $60,000.00. Project Costs: Awarded Contract $74,4~ Net G.S.T. 3% $ 2,23 Funding: 2002 Operating Budget TOTAL $76,6! TOTAL $61,3~ $61,3~ The cost difference between our estimate and the prices su' petroleum products and the contractors insurance. This project is scheduled to commence on June 10, 2002, 19, 2002. Work will be completed up to the budgeted amc Council's concurrence with the recommendation made wo, Prepared by: Frank Higgins, C.E.T. Manager of Projects Approved by: Ed Dujlovic, P. Eng. Director of Municipal Works S:~.EPORTS~2002 Reporls~MW-2002-61 2002 Crack Se~ling Program.wpd MW-2002-61 ;0.00 3.80 ~3.80 ~0.00 ~0.00 ~mitted are related to the increase in nd all work to be completed by July unts. dd be appreciated. :spectfully Submitted by: John MacDonald Chief Administrative Officer Community Services Department The City of Niagara Fall~ Canada Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002-62 File 2002-02 May27,2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, ontar ±o Members: Re-' MW-2002-62 Contract 2002-02 2002 Sidewalk&ConcreteRepair Program RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Ltd., be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 21, 2002 at 1:30 p. m'; for the above noted contract. Tender documents were picked up by three (3) Contractors and two (2) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the two (2) Contractors. 1. Alfidome Construction Ltd. (Niagara Falls) $292,093.00 2. Sacco Construction Ltd. (Niagara Falls) $347,080.00 The lowest tender was received from Alfidome Construction Ltd. in the amount of $292,093.00 This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development 2002-05-27 2 Financing: The Engineer's estimate for this contract was $360,000.00 Project Costs: Awarded Contract $292,( Net G.S.T. 3% $ 8,5 Funding: 2002 Operating Budget TOTAL $300,~ TOTAL $400,( $4OO,( This project is scheduled to commence on June 10, 2002, a August 2, 2002. Additional work will be added, up to the t Council's concurrence with the recommendation made wot Prepared by: Frank Higgins, C.E.T. Manager of Projects Approv~d by: Ed Dujlovic, P. Eng. Director of Municipal Works MW-2002-62 93.00 62.79 55.79 00.00 00.00 ~d all work to be completed by ,udgeted amounts. ld be appreciated. Respectfully Submitted by: John MacDonald Chief Administrative Officer The City of Niagara FallsI Canada Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: me[b@city, niagarafalls.on.ca BBS-2002-04 Mel Brown Director May27,2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: BBS-2002-04, Marriot Hotel, 6740 Fallsview Boulevard Variance to Sign By-Law No 6661, as amended RECOMMENDATION: That the variance to By-law 6661, as amended for a proposed projecting sign be approved. BACKGROUND: The Sign By-law, being By-law No. 6661, 1964, as amended, states in part that a projecting sign cannot be more than twenty five feet (25'-0") above grade or have a face area of more than seventy five (75) square feet. The owners are proposing a projecting sign which is to be located on the Fallsview Boulevard face of the Marriot Hotel at about one hundred and thirty seven feet (137') above grade, with a face area of six hundred and eighty four (684) square feet. Although there appears to be a significant difference in the proposed and permitted sizes, the proportion of the sign to the wall of the hotel appears to be appropriate. The sign would not project over municipal property and would match the existing exterior finish of the hotel. ff.J¥6~e rt Judge Manager of By-law Services p .dDujlovic '- Director of Municipal Works mended by: Mel Brown Director of Building and By-law Services Attach. V:\2002COUNCIL\2002 05 27~BBS-2002-04 Marriott Hotel Fallsv[ew Boulevard wpd io~nalY Submitted: nistrative Officer Working Together to Serve Our Community 12'-0' -- .125 ALUMINUM PANELS PAINTED TO MATCH MARRIO'I~' BUILDING WELDED TO 2" x 2' x ¼~ ANGLE FRAMING 3/4' THRU-BOLT THROUC-~ EXISTING ~C.O_N_CRETE BLOCK WALL 2 sq. STEEL TUBE LAOOER 3'-0' x 3'-0" MAN DOOR AT TOP OF CABINET 3'-0' x 8"-0" SERVICE DOOR TO REPLACE LETTER FACES '~ fit8~ STEEL ROOS Merri~tt Hotel 6740 Oakes Drive, Niefiara Ontario Dan Bovair April 3 / 02 · Dram I~: 02102 ....... Page 2 _ ~H~.: MJ ~.: 1" = 60* Marriott Hotel.cdr 6740 OaSes Drive N:_.,,~._ra Falls I~: MJ No.: 02102 DOUBLE FACE ILLUMINATED I=ROJECTING DISPLAYS INDIVIDUAL CHANNEL LETTER~ Wi'TH 5" laETURNS 3/16' WHITE IIdPLEX FACES WITH 3M VT-0502 RED TRANSLUCENT VINYL APPLIED TO 1st SUI~-ACE ALUMINUM TRIM CAP RE1RINER 5" ALUMINUM RETURNS PAINTED TO MATCH Par, tone RE~ 200C ILLUMINATED BY FLUORESCENT LAMP~ SITE Iq-M* f"= 35~ V'e;/bb D~'ance at,g0/20 ~s/on. Safe,: Dan Bovair Date: March 21102 ?___~.: I = 132 Rle: Ma,~.:,tt I-Io~d__,'~'_. Ph.: 90S033S-6664 FIX: ---'-~ -"~--"-- ........ ~ ,.,-;~r "'" The City of Niagara Fails Canada Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city, niagarafalls.on.ca BBS-2002-05 'Mel Brown Director May 27, 2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: BBS-2002-05, Victoria Avenue, Easterly side Variance to Sign By-Law No 6661, 1964, as amended. RECOMMENDATION: That Council approve a variance to Sign By-Law 6661, as amended, to permit a billboard sign with a height of forty five feet (45'-0") BACKGROUND: The proposed sign is located on the Easterly side of the former railway lands adjacent to Victoria Avenue, about 200 feet Northerly of the Clifton Hill intersection The applicant wishes to erect a billboard sign on their property next to the former railway lands facing Victoria Avenue, to a maximum height of forty five feet (45'-0"), whereas By-law No. 6661, 1964, as amended permits a maximum height of only twenty two feet (22'-0"). The applicant has indicated that if the former railway lands are to be lower in elevation in the near future this variance request may not be required. Manager of By-law Services Director of Municipal Works Recommended by: Mel Bro~vn Director of Building and By-law Services Attach. Respectfully Submitted: Chief Administrative Officer V:L2002COUNCIL\2002 05 27kBBS-2002-05 Victoda Ave Sign Scott Payton wpd WorMng Together to Serve Our Community RAILWAY LANDS PART RAIL WA Y L~ NDS 4. PLKN 59R-10732 CAUTION The City of Niagara Fallst Canada Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city.niagarafalls.on.ca BBS-2002-06 Mel Brown, Director May27,2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re:BBS-2002-06 Downtown Board of Management Proposed signs RECOMMENDATION: That the Downtown Board of Management be permitted to install three ground signs in the Downtown area and that permit fees be waived as they are to be located on municipal property. BACKGROUND: The Downtown board of Management have requested that they be permitted to install three ground signs on separate properties at 1)Queen St. at River Road, 2)River Rd. at Victoria Ave. 3)Victoria at Valley Way The proposed signs, each of which are 4ft. x 6ft. Indicate the services available in the Downtown area, and will be placed on Municipal property so as to comply with the requirements of the Sign By- law. They will be owned and maintained by the Board, however the board is also requesting relief from the sign permit fees which would be approximately $130.00 ( $65.00 each). Approval from the Niagara Parks Commission will be required for signs 1) and 2) as they come within their jurisdictional area. by: Manager of By-Law Services Mel Brown Director of Building and By-law Services Attach. Director of Municipal works ctfully Submitted: ona/'2?l~ ~~'/~ ~/~ Chief Administrative Officer V:~2002COUNCIL~002 05 27~BBS-2002-06 Downtown Board of Management wpd Working Together to Serve Our Community The City of Niagara Falls l Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002-63 File G-180-01 May27,2002 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara rails, Ontario Members: RE: MW-2002 ~63 Municipal Parking & Traffic Committee Recommendations - May 21, 2002 Meeting RECOMMENDATIONS: 1) MW-2002-53 - Kister Road Parking Review It is recommended that parking be restricted at all times on the west side of Kister Road from Progress Street to a point 85 metres north of Progress Street. 2) MW-2002-54 - Salisbury Place Parking Review It is recommended that parking be restricted at all times on the north side of Salisbury Place fi.om a point 85 metres west of Ethel Street to a point 120 metres west of Ethel Street. 3) MW-2002-55 - Bishop Avenue and Matthews Drive Intersection Control Review It is recommended that a stop sign be installed for southbound motorists on Bishop Avenue at Matthews Drive. 4) Fallsview Boulevard - Parking Restriction - In front of the Maple Leaf Motel "It is recommended that parking be restricted on the west side of Fallsview Boulevard from a point 43 metres south of Robinson Street to a point 112 metres south of Robinson Street." Working Together to Serve Our Community Municipal Works x Fire Services X Parks, Recreation & Culture W Business Development W Building & By-Law May27,2002 5) 6) -2- Portage Road at Stanley Avenue - Traffic Signal: It is recommended that thc Region of Niagara be re4 the intersection of Portage Road and Stanley Avenu Stanley Avenue at Main Street/Portage Road - L It is recommended that thc Region of Niagara be re4 tourist season) investigate the re-configuration of th Main Street/Portage Road to designate the southbot Stanley Avenue as a left turn lane and also realign ~ BACKGROUND: The Municipal Parking and Traffic Committee, at its meeti~ matters noted and formulated the recommendations above. City Council's concurrence with the recommendations outl appreciated. S:\TRAFFICSREPORTS~2002~2002 CouncilhMW-2002-63.wpd Respe{ r~ Aldern Munic MW-2002-63 uested to install the Traffic Signals at in 2002. ft Turn Lane Line Painting uested to immediately (for 2002 intersection of Stanley Avenue at nd through centre driving lane on he northbound lanes appropriately. ~g of May 21, 2002, considered the ned in this report would be :tfully submitted by: lan Kim Craitor, Chairperson, ~al Parking & Traffic Committee The City of Niagara Falls Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Fails, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Ken Director R-2002-24 May27,2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-24 Monument Repairs / Drummond Hill Cemetery RECOMMENDATION: That City Council authorize the repair of cemetery monuments at the Drummond Hill Cemetery for the service rendered price of $30,000.00, including applicable taxes. BACKGROUND: Staff recommends that the monument repair and restoration efforts at this site continue. Last year, priority one repairs were made to a number of monuments. We now recommend that we proceed with priority two repairs. Priority one repairs were based on monuments that were at the highest risk of being damaged by natural causes or vandalism. All monuments in this category were repaired in 2001. Priority two repairs are required for monuments that are at a slightly lower level of risk. However, due to their historic significance, they must be repaired and protected. Staff feels that these repairs should be made in a financially reasonable and responsible time frame. This work is large in scope and volume and should be done over a number of years and contracts. This year's recommended service provider is a Niagara Falls-based company, Corsaro Classic Engraving. This company was the service provider in 2001 and is the low bid company again this year. Funds to proceed with these repairs were included in the 2002 Cemetery Budget. Director of Parks, Recreation & Culture AK/das Respectfully Submitted: //John MacDonald I.,/ Chief Administrative Officer &\Council\Council 2002\R-2002-24 Monument Repairs Drummond Hill Cemetery,wpd Working Together to Serve Our Community Municipal Works Fire Sen/ices Parks, Recreation & Cullum Business Development The City of Niagara Falls~ Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Kon Director R-2002-25 May 27, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-25 Summer Ice Schedule RECOMMENDATION: That the Schedule for the use of Summer Ice Hours at Stamford Arena be approved by City Council. BACKGROUND: In accordance with City Policy, all organizations submitted completed application forms to request summer ice time. On Wednesday, May 8, 2002, all interested organizations and individuals were invited to attend a meeting to review the proposed schedules. As a result of this meeting and subsequent discussion, a general agreement was reached regarding the schedule. R-2002-25 - 2 - Upon Council's approval, permits for the use of Summer Ic Adele Kon Director of Parks, Recreation & Culture AK/das S:\Council\Counci12002~R-2002-25 - Summer Ice Schedule.wpd May 27, 2002 at Stamford Arena will be issued. ?~espectfully Submitted: ~ j John MacDonald Chief Executive Officer The City of Niagara FallsI Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Kon Director R-2002-26 May 27, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-26 Requests from the Downtown BIA RECOMMENDATION: For the information and direction of Council. BACKGROUND: At the April 8, 2002 Council meeting, a letter (see attached)'from the Downtown BIA was referred to staff for a response. In their letter, they made two requests which will be addressed in the order that they appeared in their letter. That Council subsidize the additional hydro expense (approx. $1,200 every 3 months ) that they incur to keep the lights on the trees on a year round basis. The Queen Street BIA installed the lights in the street trees on Queen Street in order to enhance the appearance of the area in the evening. Staff has worked cooperatively with the BIA and supports their efforts to improve the downtown area. Council may wish to provide full or partial support for the hydro costs for the remainder of the year. This would provide additional time for staff to address the broader picture of City beautification. Staff is currently working with the Environmental Planning and Greening Committee to develop survey questions to determine the level and extent of beautification programs in other municipalities. Questions will also be asked pertaining to partnerships with businesses in general and specifically, with BIA's. Once this survey has been completed, staff will prepare a Council report on the information gathered. That the BIA be provided unlimited access to the Park Street market area and that all fees be waived. 14'orking Together to Serve Our Community Municipal Works Fire Sen/ices Parks, Recreation & Culture Business Development R-2002-26 - 2 - · May 27, 2002 The BIA successfully reopened the Park Street market last year as more of a Crafter' s Market, rather than a Farmer's Market. They operated the market on Saturdhy mornings for the months of July and August. This use generated approximately $350 in revende. Their cost was kept to a minimum because they operated for a shorter time period and only used the outside stalls. The inside stalls which are normally available for meat vendors were not used last summer because of their higher rental fee. For this season, the Queen Street BIA is requesting unlimited access (May to October) and that all fees be waived for both the exterior and interio~ stalls at Park Street Market. They are hopeful that by so doing, they will further encourage traffici in the downtown area. As Members of Council are aware, the City provides two ma'ket areas, Sylvia Place and Park Street. The current rental fees without GST that apply to both mar] rets are as follows: $175 per year per stall for the outside stalls; or $75 per month per outside stall; or $35 per day per outside stall; and $600 per year per single inside stall (a double stall would be $1,200 per season). The reason for the increased charge for an interior stall is io cover the additional utility costs for lights and the meat coolers. Staff administers a $15,600 gross budget and $5,650 of the budget is obtained from the rental fees. The budget is used to cover all maintenance and utility costs associated with both markets. On Saturdays, a janitor provi~les cleaning to the washroom facilities and general clean up of both sites. : Council may wish to consider providing a temporary (Mayito October) waiver of fees in order to allow the Park Street market to establish itself as a viable Crafter's Market. As a Crafter's Market, the interior stalls at the Park Street market would not be as costly to operate because they would not use meat coolers. If the waiver is for a temporary period (May to October) and the Crafter's Market is established, staff does not believe that the vendors at SylVia Place, who are providing a Farmer's Market, will ask for similar consideration. Staff would also recommend that ifa waiver is provided, that the Queen Street BIA provide a report on the operation iofthe market to include the number of vendors who were accommodated. Recommended. ~y: ~ Adele Kon, Director of Parks, Recreation & Culture !Respectfully Submitted: ~~i°n~saltrda}ive Officer AK/das Attachment S:\Council\Counci12002\R-2002-26 - Requests from Downtown BIA.wpd uo/z /zuuz l'nu 'AX 905 374 3557 ayor/CAO 001/001 IownLown a aFaU$ ard of Management P.O. Box 5, Niagara Falls, Ontario L2E Tel.: (9O5) 354-0606 ]Fax: (905) 354-5541 dbia@on.a~bn,com www. downt°wnniagarafalls.com Thursday, February 28, 2002 Mayor Wayne Thomson, Niaga'a Fails City Hall, 4310 Queen Street, Niagara Falls, ON L2E 6S8 Your Worship Mayor Wayne Thomson: As the Chairman of the Downtown Board of Management, I would like to take this opportunity to thank you and your staff for m-,,,~Jng with our board this past Thursday, Feb~aq, 21". We feel confident that we can resolve mar~y of the is.~uee brought Io the table and look forward .to meeting with you and your staff on a continuing basis. At this time, we would like to present the following to City Council for review:. 1. We think you v~ll all agree how nice the white ~hts look on the trees located on Queen Street However, it is extremeS, ex:l~W~Ne ~ the h~dro to keep them on (approximately $1200 every throe months). Since we feel that City Hall also benefits b~ this beautification, we are mquest~g, that C~ Counc, li help to subsicrge the hydro'expense - that would be incurred to keep the lights off all year. Cumenlly, St. Catherine's City Council pic~ uP the tab for the finrat IX~ls and planters that am displayed ia their downtown com. The Niagara Fees Dow,-~'~c, wn Board is spending $15,000 (30% of o~ budget} on floral beaub'ficalJon fl~ai we feel benefits City Hall end are no{ subsicr~zed in any way by City Council. 2. Based on the sL_~cce__ss of reopening the nlar~t between Queen and Park S~eet, the Board would like to request unr~nlted access, and use of the'ma~k~ area. We fee{ Ihat the market Is an ~ to lam-ease fl'affiO to the downlown on a regular basis eaoh weekend of the market season (May to October). t~Ve am requesting that you waive all permit fees end support the effo~by cleaning and mpaldng ~he. b~3ding:area.fe~ aur ¢~golng use. We am also mquest~g that the C~ provide elec~l~ to e~mmodate vendom that w~~ additlen to provlding~~ to the patrons of the market. Again we would a~e to point out that St. Catherine's City Council has recently invested a reported $1.9 million on revitalizing and enhancing ti'mir market space. Thank you for your censlderatlon on these matters, we look forward to heai'ing your decisions: Please contact my serf at (905) 3SG- 7695, or the board office at (905) 3,54-0606. Sincerely, Chairman Ja/jc The City of Niagara Falls Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls,on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Ken Director R-2002-27 May 27,2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-27 Proposed Changes to the Recreation Commission's Activity Subsidy Fund Policy RECOMMENDATION: That Council approve the proposed changes to the Activity Subsidy Fund Policy as proposed by the City's Recreation Commission. BACKGROUND: The Recreation Commission administers the City's Activity Subsidy Fund which provides funding for physically, mentally and socially challenged individuals. All of the funds under this policy had been utilized a few years ago and have recently been replenished through the funds raised through last year's Niagara Falls Day at Skydome when the Toronto Blue Jays played the New York Yankees. It is the plan of the Recreation Commission to raise additional funds through similar activities in order to maintain the level of funds in this account. A situation arose this past year where an applicant did not meet the policy, in spite of being worthy of financial assistance. Due to this instance, the Recreation Commission has proposed the following changes to the policy which are underlined in the attached policy. I. Under Section 2. a) the application for assistance was required to be submitted prior to the activity taking place. In some instances, people may not find out about the City's funding policy until the time of program registration. Based on the above, reference to the application being submitted prior to the activity has been deleted. 2. Under Section 2. b) it is suggested that Sports Associations be added as a group that applicants can obtain support letters as part of their application. }t/orking Together to Serve Our Community Municipal Works Fire Services P.a~, Recreation & Culture · Business Development R-2002-27 - 2 - 3. Under Section 4, the subsidies were limited to a maximu was recognized that there may be situations where the cos: more than $200.00 and in order to assist an applicant in May 27, 2002 n of $200.00 per year per applicant. It of registration and equipment will be ~eed, the Recreation Commission has recommended deleting the reference to $200.00 maximum funding. Respectfully Submitted: BB/das Attachment Alderman Viclor Pietrangelo, Chair Recreation COmmission S:\Council\Counci12002LR-2002-27 Changes to Activity Subsidy Fund Policy wpd.wpd DEPARTMENT: DATE EFFECTED: POLICY: June 27, 1994 Activity Subsidy Fund for PARKS, RECREATION & Physically, Mentally, or Socially CULTURE DATE REVISED: Challenged Individuals May 26, 1997 Report: R-94-47 October 29, 2001 Report R-97-21 May 27, 2002 SECTION: 1000.31 Page 1 of 1 The Recreation and Arts and Culture Commission's allocate limited subsidies to physically, mentally, or socially challenged individuals requiring fmancial assistance to participate in community culture and recreation activities. 2. Financial assistance may be provided if an application meets the following conditions: a) A prescribed activity subsidy application form is completed, and submitted (previous: prior to the program activity taking place) to the Parks, Recreation & Culture Office. b) To be eligible for funding, this application must also include a letter of support from a sports association or social service agency (i.e. Sports Group, FACS, Community Living, etc.) or official (i.e. Doctor, Minister, Social Worker, etc.) stating that the applicant is "deserving and in need of the subsidy". c) Applicants must be residents of Niagara Falls. d) Subsidies are available to assist with the registration and equipment costs of culture and recreation activities as needed. e) Activity subsidies for registration and equipment costs of up to 100% are available. Subsidies for culture and recreation activities in the non-profit or the private sector are eligible. g) Applications will be reviewed (in confidence) by both the Recreation Commission and the Arts and Culture Commission, or their designates. h) Please note that upon approval of subsidy, the actual cheque will be made payable, and forwarded directly, to the organization offering the culture or recreation activity. i) In the event that the individual does not attend, the funding will be returned to the City, minus any required administration fee by the host of the activity. Approval of request may be subject to any further conditions that the Recreation or Arts and Culture Commission may see fit to establish. 4. Subsidies will be limited. (previous: to a maximum of $2OO. OO per year per applicant) 5. A maximum of 50% of the funds within the Activity Subsidy Fund will be utilized in one year. Date Revised: Draft April, 2002 S:~Policies~Policy & Procedures Manual\1000.31 2002wpd CITY OF NIAGARA Fi APPLICATION FOR ACTIVITY ~ FOR PHYSICALLY, MENTALLY, OR SOCIALLY (Personal Information for Offic Please Print Name ,LLS ;UBSIDY FUND CHALLENGED INDIVIDUALS Use Only) Address: Postal Code: Phone Number: Subsidy is requested for participation in the following recreation or cultural activity. CULTURAL/RECREATIONAL ACTIVITY: Date(s): Location: Registration: (Please provide brochure or materia Reasons for subsidy request: Signature of Applicant (or Guardian if under 18 years) * Please attach letter of support. Date Revised: Draft April, 2002 SAPolicieskPolicy & Procedures Manual\1000.31 2002wpd verifying cost) Date Fees: The City of Niagara Falls l Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city, niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Kon Director R-2002-31 May 27, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-31 (2)Two 4 Wheel Drive Kubota Tractors RECOMMENDATION: That City Council authorize the purchase of(2) two 4 wheel drive Kubota tractors for the supplied price of $40,072.00, including all applicable taxes, as submitted by Ben Berg Farm & Industrial Equipment. BACKGROUND: Staff received tender prices for (2) two Kubota tractors or equivalent from the following five companies: Total Bid Price (including taxes) 1. Ben Berg Farm & Industrial Equipment $40,072.00 R.R. #3, 52034 Hwy. #3 Wainfleet, ON LOS 1V0 2. Galer Farm Equipment Ltd. $40,170.00 R.R. #2, 5375 Highway 5 West Dundas, ON L9H 5E2 3. Green Line Equipment $41,020.50 R.R. #1, Hwy. 20 & South Grimsby Rd. 8 Smithville, ON L0R 2A0 4. W.J. Heaslip Limited $40,958.40 Regional Road #20, Nelles Corners Hagersville, ON N0A 1H0 5. St. Catharines New Holland Ltd. $46,694.60 1410 Fourth Avenue, R.R. #3 St. Catharines, ON L2R 6P9 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development R-2002-31 -2- Funds to proceed with this purchase were included in the 2002 Parks Budget. Staff is recommending that Council respectfully approve the lowest bid. Director of Parks, Recreation & Culture JM/das S:\Council\Counci12002kR-2002-31Kubota Tractors.wpd May 27, 2002 ,xRespectfully Submitted: . ohn MacDonald, 2hief Administrative Officer The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-51 May 27, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-51, Zoning By-law Amendment Application AM-07/2002, 4741 Zimmerman Avenue Proposed Bed & Breakfast RECOMMENDATION: It is recommended that Council approve the revised amending by-law on tonight's agenda to permit a tourist home (bed & breakfast) at 4741 Zimmerman Avenue and that Council pass the associated resolution not to require a further notice. BACKGROUND: On April 15, 2002, Council approved the above application for a proposed tourist home (bed & breakfast) with four rooms for tourists. Council, as part of its approval, permitted the parking of four vehicles within the front yard, contrary to staff's recommendation. Staffprepared the amending by-law according to Council's approval and scheduled the by-law for passing on May 13, 2002. At that meeting, a resident of Zimmerman Avenue and B & B operator, Mr. David Tetrault, requested Council defer the by-law due to his concerns respecting the parking in the front yard. The applicant has since approached staff and requested that the amending by-law be revised to permit only two vehicles to be parked in the front yard, in accordance with the staff report, in order to avoid an appeal of the by-law to the Ontario Municipal Board (OMB). Working Together to Serve Our Community Clerk's . Finance . Human Resources , Information Systems · Legal Planning & Development May 27, 2002 - 2 - , PD-2002-51 The revised by-law is on Council's agenda this evening. ~lso on the agenda is a resolution not requiring further public notice. The Planning Act permits Changes to a proposed by-law after the holding of a public meeting. However, Council has to pass !a resolution stating no further notice is necessary. As the changes to the by-law are minor, staffis ~ecommending that no further notice is necessary and that Council pass the revised by-law. Planner 2 Recommended by: Doug Darbyson Director of Planning & Development RespeCtfully submitted: dn' i~i'nsatlrdat iv e Officer Approved by: ,,, Tony Ravenda Executive Director of Corporate Services JB:am S:LPDRX2002~PD2002-51 .wpd Niagara Falls Bed & Breakfast Asso¢ia6on Inc. 5359 River Road Niagara Falls, ON L2E 3G9 Tel: 905-354-8686 Fax: 905-371-1292 May 14,2002 RE: Undated Letter from Mr. David Tetrault in regard to item 2002-087 from May 13, 2002 Council Meeting pertaining to AM-07/2002 Dear Councillors & Mayor: For the record, Mr. Tetrault is not a member of the Niagara Falls Bed & Breakfast Association Inc. The policies and governance of our corporation are not related in any way to zoning issues that he desires to personally aggrieve. As a matter of public record, our organization has been quite vocal about supporting responsible growth in our industry, and cooperation with the City and other governing bodies. We support persons who seek to establish Beds & Breakfast through proper zoning, public meetings and licensing. Most importantly, we believe that mutual cooperation, rather than malignant competition, is healthier for our Bed & Breakfast industry as well as for the entire tourism industry in Niagara Falls. Thank you very much. ~~6an~e FiOnzlr s, President Niagara Falls Bed & Breakfast Association Inc. 05/15/02 May 15, 2002 City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2G 6X5 NFCVCB Strathaird Bed & Bt, ak, fast 4372 Simcoe Strqet Niagara Falls, ON L~E 1T6 (905) 358-3421 002 RE: P.D. - 2002 - 35 Zoning ByLaw Amendment Application 4741 Zimmerman Avenue Proposed Bed & Breakfast Dear Members of City Council & ~ayor Wayne ThOmson: In ret~rence to the con'espondence that was submitted to City Council on Monday, May 13, 2002 from Mr. David Tetrault regarding the above By-Law Amendment for 4741 Zimmerman Avenue, Proposed Bed & Breakfast, I v~ish to take this opportunity to publicly state to City Council, that we, the StrathairdIBed & Breakfast, made no such comment to Mr. David Tetrault regarding opposing the 2002 - 35 Zoning Bylaw and particularly front yard parking for 4741 Zimmerman ~xtd that we, as a member of the Niagara Falls Bed & Breakfast Association, Inc. a~e i~_ full support of the acceptance of this By-Law Amendment as put forward by City Staff. Therefore, the following false statement that was inel~tded in Mr. Tetl'ault's correspondence should be retracted, (quoted from Mt~. Tetrault's letter)" ....the Strathaird Bed & Breakfast and Angel's Hideaway Bed & Breakfast, from the other Bed & Breakfast Association have viewed opposition of the parking proposal". Should you require further information or wish to speak with me directly, please feel free to contact us. Mr, & Mrs. Tom Jackson Owner Strathaird Bed & BreakfaSt The City of Niagara Fall~ Canada Local Architectural Conservation Advisory Committee 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca Todd Barclay Chair PD-2002-52 May 27, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-52, Appointment to LACAC RECOMMENDATION: It is recommended that Council appoint Phoebe Jean (Carol) Ede to the Local Architectural Conservation Advisory Committee (LACAC). BACKGROUND: Due to the resignation of Kathleen Powell (attached), a vacancy has occurred on the Local Architectural Conservation Advisory Committee (LACAC). A letter of interest (attached) was received from Carol Ede, a City resident and active member in her community, wishing to serve on LACAC. LACAC believes the qualifications and experience Ms. Ede has would be of great assistance to the Committee. The appointment would be for the balance of the current terns of LACAC. The following motion was adopted by LACAC: "THAT the application by Carol Ede to serve as a member on the Local Architectural Conservation Advisory Committee be supported." CONCLUSION: LACAC is seeking Council's appointment to LACAC to fill the vacancy. A by-law is included in the agenda. BM:gd Attach. S:XPDRX2002kPD2002-52 .wpd Clerk's Finance . Respectfully submitted: Local Architectural Conservation Advisory Committee Working Together to Serve Our Community Human Resources Information Systems Legal Planning & Development Kathleen PoWell 7711 Ronnie Crescent-Niagara Fails- Ontario -'L2G 7M1 (905) 354-0291 - e-mail: mk.pow~llQ~ sympat~co.ca Mr. Dean Iorfida, Clerk, City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 April l9,2002. Dear Mr. Iorfida, 1 It is with regr~, that I. must submit mst resignation from the Local. Architectural Conservation Advisory Committee fo,r the City of Niagara Falls. I have e~!oyed sitting on this committee and eomnlend all the.members for their dedicationm prese_rving~the built .heritage in our City. I am impressed by the work that has been undertaken by the LACAC in the past few'years, and I hope to be able to continue ~Q help in the preseaw~,tion, of our heritage in other ways: Could you please forward a copy of this letter to Todd Bar{ Please ~dvise me if there is any.w~ty that. I can be of further Sincerely, Kathleen Powell (905)354-0291 lay, Chair, Niagara Falls LACAC. tssistance. The City of Niagara Falls Canada Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON .L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: died/da@city, niagarafalls.on.ca CD-2002-15 Dean Iorfida City Clerk May 27, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: CD-2002 -15 - Special Occasion Permit RECOMMENDATIONS: That Council indicate that it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. BACKGROUND: Correspondence has been submitted by the following organization and has been reviewed and approved by the Parks, Recreation & Culture; Building & By-law Services; and Fire Services. Council's concurrence with the recommendation is requested. Justly Cause Charity Concert for Justin Brown IMay 25, 2002 INiagara Falls Memorial Arena Recommended by: City Clerk Approved by: Tony Ravenda Executive Director of Corporate Services Respectfully submitted: strative Officer DI:lw Working Together to Serve Our Community Clerk's · F/nonce Human Resources · Information Systems Legal Planning & Development The City of Niagara Falls Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site; www.city.niagarafalls,on,ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca May 27, 2002 R.O. Kallio City Solicitor L-2002-01 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-01, Repeal of Certain By-laws to Exempt Land from Part Lot Control Our File No.: 1998-186 RECOMMENDATION: That certain By-laws passed bY City Council to exempt land from part lot control, be repealed. BACKGROUND: In the past, City Council passed By-laws to exempt certain land from part lot control. The By-laws stated, in part, that they shall remain in full force and effect, depending on the circumstances, for two or three years from the date of approval after which time the by-laws would be repealed by Council. In each case, the time period for exemption is no longer in effect and Council may now repeal the By-laws. A list of By-laws are attached. Respectfully Submitted: R by: ( ~0.~.~ ~~4 R.'~5. Kallt'o, ' John MacDonald, City Solicitor. Chief Administrative Officer. Executive Director of Corporate Services. Working Together to Serve Our Community Clerk's · Finance · Human Resources Information Systems Legal Planning & Development L-2002-01 -2- May 27, 2002 By-law No. 90-199 affecting the following designa :ed land(s): Lot 78 registered Plan No. 603 now known as Plan ~ go. 283, in the former Town of Niagara Falls, now in the City of Niagara Falls, in the Regional Municipality of Niagara. By-law No. 92-95 affecting the following designated land(s): Part of Lot 40 Plan 74, for the fomier Township of ~tamford, designated as Parts 1 and 2 on Reference Plan 59R-8020, formerly Township of Sitamford, County of Welland, now City of Niagara Falls, Regional Municipality of Niagarai By-law No. 91-243 affecting the following designa!ed land(s): In the City of Niagara Falls in the Regional Municipality of Niagara, and being composed of the easterly 20 feet of Lot 74 and the westerly 40 feet of Lot 75 Plan 108, for the former Township of Stamford. o ° More particularly described in Instrument Number ~64039. By-law No. 96-57 affecting the following designat4d land(s): Parcel 25-1 Section M-78 being Lot 25 on registered Plan M-78 in the City of Niagara Falls, in the Regional Municipality of Niagara. By-law No. 98-88 affecting the following designate d land(s): Parcel 25-1 Section 59M-201 being Lot 25 on Plan :9M-201 in the City of Niagara Falls, in the Regional Municipality of Niagara. ' By-law No. 98-89 affecting the following designated land(s): Parcel 27-1 Section 59M-201 being Lot 27 on Plan $9M-201 and Parcel 28-1 Section 59M- 201 being Lot 28 on Plan 59M-201 in the City of Niagara Falls, in the Regional Municipality of Niagara. By-law No. 98-71 affecting the following designated land(s): Part of Lot 4 on registered Plan No. 148 in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Parts 2 tO 9, inclusive on Reference Plan No. 59R-102015. L-2002-01 - 3 - May 27, 2002 o o 10. 11. By-law No. 97-64 affecting the following designated land(s): Parcel 15-1 Section 59M-108, being Block 15 and Block 27 on Plan 59M-108 in the City of Niagara Falls, in the Regional Municipality of Niagara. Subject to an easement in favour of The Corporation of the City of Niagara Falls over Block 27 as in LT40372. By-law No. 96-116 affecting the following designated land(s): Part of Blocks P and X on Plan N.S. 39 in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Parts 1, 2, 3 and 4 on Reference Plan 59R-9533. By-law No. 96-42 affecting the following designated land(s): Part of Lots 85, 86 and 87 on registered Plan No. 285 in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Parts 1, 2, 3 and 4 on Reference Plan 59R- 9414. By-law No. 94-249 affecting the following designated land(S); All of Lot 40 on the south side of Bridgewater Street (formerly Water Street) and part of Lot 135 on the north side of Main Street on registered Plan No. 251 in the former Village of Chippawa now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Parts 1 and 2 on Reference Plan 59R-8859. 12. By-law No. 90-192 affecting the following designated land(s): Part of Lot 72 and all of Lot 73 and 74 Plan M-77 designated as Parts 13 and 14 on Reference Plan 59R-5231 more particularly described as follows: Firstly: Secondly: Thirdly: Remainder of Parcel 74-2 Section M-77 being part of Lot 74 Plan M-77 designated as Part 1 on 59R-5793. Parcel 74-3 Section M-77 being part of Lot 74 on Plan M-77 designated as Part 2 on 59R-5793. Parcel 72-2 Section M-77 being all of Lot 73 and Part of Lots 72 & 74 on Plan M-77 designated as Part 14 on 59R-5231. In the City of Niagara Falls, in the Regional Municipality of Niagara. L-2002-01 -4- 13. 14. May 27, 2002 By-law No. 91-39 affecting the following designate t lands(s): Part of Parcels 2-1, 3-1, 21-1,22-1,24-1, 25-1, 29-1 land 30-I, Section 59M-188 inthe City of Niagara Falls in the Regional Municipality of Ni4igara. Being Blocks 32 to 39, inclusive, Plan 59M-188, hll in the City of Niagara Falls, in the Regional Municipality of Niagara. By-law No. 91-170 affecting the following designat.:d land(s): Parcel 9-1, Section 59M- 190 being Lot 9 on Plan 591 vi- 190 being the whole of Parcel 9-1 in the City of Niagara Falls in the Regional Municipal!ty of Niagara. 15. 16. By-law No. 94-234 affecting the following designated land(s): Firstly: Part of Block P on registered Plan N.~. 39 designated as Part 3 on Reference Plan 59R-8878 Secondly: Part of Blocks P and Q on Registered Plan N.S. 39 designated as Part 4 on Reference Plan 59R-8878 In the City of Niagara Falls, in the Regional Munici By-law No. 93-157 affecting the following designat >ality of Niagara. ~d land(s): Parcel 98-1, Section 59M-129, in the City of Niagan'[ Falls, in the Regional Municipality of Niagara and being composed of Lot 98 according tc~ Registered Plan 59M-129. Being the whole of said parcel. 17. By-law No. 92-95 affecting the following designated land(s): Part of Lot 40 Plan 74, for the former Township of SIamford, designated as Parts 1 and 2 on Reference Plan 59R-8020. In the City of Niagara Falls, in the Regional Municipality of Niagara. 18. By-law No. 92-112 affecting the following designat~ lands(s): Firstly: Parcel 6-1 Section 59M-190 being Lot 6 on Plan 59M-190 designated as Parts 1 and 2 on Reference Plan 59R4-8014. Secondly: Parcel 8-1 Section 59M-190 being Lot 8 on Plan 59M-190 designated as Parts 1 and 3 on Reference Plan 59R.8015. L-2002-01 - 5 - May 27, 2002 19. By-law No. 93-188 affecting the following designated land(s): Parcel 168-1 Section 59M-129 being Lot 168 Plan 59M-129; Parcel 196-1 Section 59M-129 being Lot 169 Plan 59M-129; Parcel 170-1 Section 59M-129 being Lot 170 Plan 59M-129; Being the whole of the said Parcels in the City of Niagara Falls, in the Regional Municipality of Niagara. 20. By-law No. 93-183 affecting the following designated land(s): Parcels 94-1 to 97-1 inclusive; Parcels 99-1 to 109-1 inclusive; Section 59M-129 being Lots 94 to 97 inclusive, Lots 99-109 inclusive Plan 59M-129 in the City of Niagara Falls, in the Regional Municipality of Niagara being the whole of each of the said parcels. 21. By-law No. 94-173 affecting the following designated land(s): Part of Parcel 337-1 Section 59-44 being part of Lots 337,338 and 339 Plan 44, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Parts 1 & 2 on Reference Plan 59R-7231. Being the remainder of the said parcel. 22. By-law No. 92-05 affecting the following designated land(s): Parcel 12-1 to 23-1 inclusive, Section 59M-201 being Lots 12 to 23 inclusive, Plan 59M-201 City of Niagara Falls, Regional Municipality of Niagara. 23. By-law No. 91-243 affecting the following designated land(s): Easterly 20 feet from the rear of Lot 74 and the westerly 40 feet of Lot 75, Plan 108 being designated as Parts I and 2 on Reference Plan 59R-7801 City of Niagara Falls, Regional Municipality of Niagara, formerly Township of Stamford. 24. By-law No. 93-188 affecting the following designated land(s): Parcels 168-1,169-1,170-1, Section 59M-129, being Lots 168, 169, 170 Plan 59M-129 in the City of Niagara Falls, in the Regional Municipality of Niagara being the whole of each of the said parcel. L-2002-01 -6- 25. By-law No. 91- ! 70 affecting the following designated land(s): May 27, 2002 26. 27. Parcel 9-1, Section 59M-190 being Lot 9 on Plan 5! ~M-190. Being the whole of Parcel 9-1 In the City of Niagara Falls in the Regional Municipality of Niagara. By-law No. 92-04 affecting the following designate t land(s): In the City of Niagara Falls, in the Regional Munici ?ality of Niagara being Lots 12 to 23 inclusive on Plan 59M-201. , By-law No. 93-222 affecting the following designat M land(s): Section 59M-129 being Lots 143, 151,152, 153, 154, 155, 156, 157, 159, 166, 167, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180 on Plan 59M-129 respectively in the City of Niagara Falls, in the Regional Municipality of Niaghra. 28. By-law No. 91-284 affecting the following designat Parcels 1-1 to 27-1, inclusive, Section 59M-200, in tt Municipality of Niagara and being composed of according to Registered Plan 59M-200. ~d land(s): e City of Niagara Falls, in the Regional Lots 1 to 27, inclusive, respectively, Amended by By-law No. 91-290 dated December 16, 1991. 29. By-law No. 93-187 affecting the following designated land(s): Lots 94 to 97 inclusive, Lots 99 and 109 inclusive, i Lot 158, LOt 165, and Lots 168 to 1'70 inclusive oni Registered Plan 59M-129 for the City of Niagara Falls, in the Regional Municipality of Niagara. Amended by By-law No. 96-61 on 25 March 1996 I Amended by deleting Lots 94, 95 and Lots 105 to109, inclusive. 30. By-law No. 96-62 affecting the following designatelt land(s): Lots 94, 95 and Lots 105 to 109 inclusive on Regis{ered Plan No. 59M-129 in the City of Niagara Falls, in the Regional Municipality of Niag~ nra. L-2002-01 - 7 - May 27, 2002 31. 32. By-law No. 98-145 affecting the following designated land(s): Part of Plan 1 Section 59M-251 being Block 47 Plan 59M-251 in the City of Niagara Falls in the Regional Municipality of Niagara. By-law No. 98-207 affecting the following designated land(s): Part of Parcel Plan I Section 59M-251 being Block 46 Plan 59M-251 in the City of Niagara Falls, in the Regional Municipality of Niagara. The City of Niagara Falls~ Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario May 27, 2002 R.O. Kallio City Solicitor L-2002-26 Members: L-2002-26, 401879 Ontario Ltd. c.o.b. Lumber Transfer Lease Agreement with the City and the Regional Municipality of Niagara Our File No.: 2002-18 RECOMMENDATION: That Council authorize the attached lease agreement dated March 4, 2002 between The Regional Municipality of Niagara and The Corporation of the City of Niagara Falls and 401879 Ontario Ltd c.o.b. Lumber Transfer regarding the property described as Parts I, 2, 3 and 6 on Reference Plan No. 59R-9632. BACKGROUND: On April 5, 2002 the City purchased the above noted property from1277751 Ontario Inc. for the purpose of a high rate pumping station and treatment facility. 401879 Ontario Ltd. c.o.b. Lumber Transfer had previously leased the land from 1277751 Ontario Inc. for the purpose of erecting, maintaining and using suitable buildings, structures and facilities for a lumber compound. Attached is a plan showing the location of the property in heavy outline. Working Together to Serve Our Community Clerk's Finance · Human Resoumes · Information Systems · Legal · Planning & Development L-2002-26 - 2 - May 27, 2002 The owners have agreed to enter into an agreement with !he City and the Region to permit the continuation of the lease agreement for a term of eight (8) mpnths, to be computed from the 27th day of March 2002 and terminating the 27th day of November 2002. The Lessee also agrees to pay the City and the Region the sum of $1,400.00 per month. The Lessee is also required under the agreement to maintain liability insurance in the sum of at lea~e $2,000,000.00 during the term of the lease showing the City and the Region as additional insureds. Prepared by: Legal Services Reco by: City Solicitor. 'ive Director of Corporate Services. RespeCtfully Submitted: ona ~// Chief~ [dministrative Officer. NO/NV/$ '~' THIS LEASE made this 4a day of Mare[h, 2002. In pursuance of the Short Forms of Leas0s Act BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA :_~,~ xUE com, o~on ov :r~. crrv ov NLSsGARA FAI,I .$ Hen~iunfler called the "Lessors" OF THE FIRST PART 401g[79 ONTARIO LTl). e~rrylng on b,,$iness ~_Lamber Transfer Her~imfler c~flled the "Lessee" OF THE SECOND PART ~_w~ ..~_ the .lqsors ~ ~ o~ers o eemi. nos · · ~m~ . ~s ~ faoii~ for a lum~r ~mpfising ~e ~ ~i~s f~r ~ p~ of e~n& ' ~i~ng ~d usm 2. To ~ve ~d to ~ld ~ ~i~d ~ for ~ d~ng ~o ~ ore/gM ($) monks, to 2~2, Yielding and ' · · paying dunng the stud term unto the Lessors the sum of ONE THOUSAND FOUR I'H_INDRED DOLLARS ($1,4O0.00) of lawful money of Canada per month, payable in advance on the 27th day of each month, commencing on March 27, 2002. The 'Lessors agree to split the rent equally b~tween themselves. 4. . he. L~.~. covenants w~th the Lessors Ito pay rent and [0 me lomoer compound and business t~s, if any. to pay rates or ~axes with respect 5. Proviso for re-entry by the Lessors an non-payment of rent or non-performance of covenants. 6. The Lessors covenant with the Lessee for quiet enjoyment, 7. The Lessee covenants to and with the Lessor as follows: (a) To operate the lumber compound, in' compliance with all federal, provincial and ~ municipal regulations and in a good a~ workmanlike marme~, (b) To indemnify and save harmless the Lessor from any and ali claims for damages to the Demised Premises resulting from the operation of the lumber compound (c) Not to do anything or permit anything to be done on the Demised Premises which would constitute a nuisance; (d) To use the Demised Premises for no purpose other than the erecting maintaining and using thereon suitable buildings, structures and facilities for a lumber compound; Upon the termination of this lease to ~move all structures, fixtures and chaaels · and repair the Demised Premises and clear and level the ground so as to properly restore the condition existent prior to the installation of the lumber compound and all accessories fl~reto and leaving the Demised Premises clean and neat and in all respects satisfactooy to the Lessors; (0 to maintain appropriate liability insurance in the total of at least two million dollars ($2,000,000) during the term of this lease showing The Regional Municipality of Niagara and The Corporation of the City of Niagara Falls as additional insurers, and to provide proof of such insurance, and any necessary renewal thereof, satisfactory to the Lessors' solicitor. Such proof shall contain an endorsement indicating that the insurer agrees to provide at least thirty (30) days' prior written notice by registered mail to the Lessors in the event of cancellation or lapse of this policy or in the event that coverage provided by this policy is reduced or becomes more restricted than is the case at the effective date of this endorsement. The initial proof of insurance shall be provided forthwith upon execution by the Lessee of this lease; (~) to protect the survey monuments describing the Demised Premises and ensure at the Lessee's own expense that all such survey monuments are properly in place upon the termination of this lease; (h) to permit the Lessors or their agents to gain access to the Demised Premises upon notification provided to the Lessee's Site Manager, by telephone at 905-356- 1491; and (i) to permit the Lessors to conduct environmental and geological testing upon at least two weeks' notification provided to the Lessee' s Site Manager, by telephone at 905-356-1491. Thc Lessee shall relocate any lumber, chattels or accessories necessary to proceed with said testing. It is hereby agreed that either party hereto shall have thc right to terminate this lease upon at least sixty days' written notice to the others. This lease shall be binding upon and shall enure to the benefit of the Parties hereto and theft respective successors and assigns. IN WITNESS WHEREOF the p~es he hands of their proper ofific~rs duly atlthori SIGNED, SEALED AND DELIVERED in ~e presence of APPROVED J~O,~ F-~;ECUTiOt~ LEGAL SERVICES ~to have hereunto affixed their corporate seals under the '~1 in that behalf ) ) )THE REGIONAL MUNICIPALITY )OF NIAGARA ) ~D~ab'l'~'~ ~;~i~nmn, Regional Chair) ) (Thomas R. Hollick, P,x-gional Clerk) ~,~'F.,."7 ) ) THE CORPORATION OF THE CITY' OF ) NIAGARA FALLS ) ) ). )(Wayne Thomson, Mayor) ) ) XDean Iorlida, Clerk) ) ) ) ) 401879 ONTARIO LTD., carrying on busings as ) Lumber Transfer ) ) ) ) D. Stephen Butler DATED: Mamh 4, 2002 THE REGIONAL MUNICIPALITY OF NIAGARA and THE CORPORATION OF THE CITY OF NIAGARA FALLS 401879 ONTARIO LTD., carrying on business as Lumber Transfer LEASE LEGAL SERVICES THE REGIONAL MUNICIPALITY OF NIAGARA 2201 St. David's Road, Box 1042 Thorold, Ontario L2V 4T7 (L.04.2001.0873) Corporate Services Department The of NiQgorQ FQIIS ll~/~ Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafails.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagara falls.on.ca May 27, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-27, Richardson Encroachment Agreement with the City - 4225 Park Street Our File No.: 2000-217 R.O. Kallio City Solicitor L-2002-27 RECOMMENDATION: To permit the encroachment of a verandah upon the municipal road allowance in front of 4225 Park Street, as shown in heavy outline on the plan attached. BACKGROUND: A request has been received from Herbert Richardson, the owner of 4225 Park Street, for permission to continue the encroachment of a verandah upon City owned property in front of 4225 Park Street. The plan attached shows, in heavy outline, the extent of the encroachment. The owner has agreed to enter into an agreement with the City to permit the encroachment of the encroachment. Under the agreement the owner agrees to remove any such portion of the verandah erected upon City property at any time, upon 30 days notice, in writing, from the City in the event that the said land is required by the City or by any utility company serving the area, for its purposes. In accordance with established policy, an O.L.S. plan of survey, an O.L.S. description of the L-2002-27 - 2 - May 27, 2002 Prepared by: Lynne Banks Legal Services. encroachment, the legal fee of $300.00 and other supporting infoimation have all been received from the owners. In addition, the applicant will be required to reimburse the City for any other corporate costs that may be incurred. ' ,Tony Ravenda, Executive Director of Corporate Services. City Solicitor. by: Respebtfully Submitted: /Chief Administrative Officer. Working Together to Serve Our iCommunity Human Resources Information Systems · Legal Clerk's · Finance · Planning & Development 0 0 0 THIS AGREEMENT made this 13~ day o~September, 2000 BETWEEN: HERBERT RICHAI~SON Hereinulter called th~ "Owner" OF THE FIRST PART THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" OF THE SECOND PART WHEREAS Herbert Richardson is the Owngr of the property described in Schedule "A", attached hereto and forming part of this agreement; AND WHEREAS the verandah has by inadvertence been partly erected on Park Street, a public highway in the City of Niagara Falls; AND WHEREAS the said Owner has requested the City to permit the encroachment of the said verandah; NOW THEREFORE in consideration of the [remises and the covenants and agreements hereinafter performed, the patties hereto COVENANT AND AGREE as follows: 1. The City shall allow the Owned'for the time being, of the lands, more particularly described in Schedule "A" attached hereto, the privilege of maintaining and using the verandah upon and over that part of the highway more particularly described in Schedule "B' attached hereto and forming part of this agreement, until such time as the verandah described above shall be demolished, removed or otherwise destroyed, or all or part of the said highway so encroached upon is required, by the City or any utility company serving the area, for its purposes, whichever shall first occur~ 2. The Owner shall pay a fee of One ($1.00) Dollar per anum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1N day of November in each and every year during the continuance of the said privilege, the first of such payments to be made on the 1,t of November, 2000. The Owner COVENANTS AND AGREEs to indemnify and save harmless the City against all manner of actions, causes of action~ claims, demands, loss, costs, damages and expenses of whatever kind and nature that may ie suffered by or occasioned to the City in any manner howsoever by reason of the existence qfsaid encroachment, save and except for the negligent acts and omissions of the City, its serVants, agents, employees, independent contractors or others for whom the City is at law re~ )onsible. 4. The Owner COVENANTS AND AGREES to remove any such portion of the said verandah encroaching upon or over the said highway at any time, upon thirty days notice, in writing, being given by the City to the Owner in the event that all or part of the encroached area is required by the City, or any utility company serving the area, for its purposes. 5. The City or any utility company serving the area, shall be entitled to remove any such portion of the said verandah encroaching or erected upon or over the said highway in the event of an emergency and the Owner covenants and agrees that such removal and replacement shall be at the Owner's expense. 6. The Owner COVENANTS AND AGREES with the City to maintain the said encroachment at all times in a good and proper repair and condition satisfactory to the Chief Building Official, acting reasonably. 7. The Owner COVENANTS AND AGREES with the City that the encroachment upon the said highway shall be limited to the encroachment described in paragraph one and Schedule "B" to the agreement and that it will not increase, extend or enlarge or permit the increase, extension or enlargement of the said encroachment in any manner whatsoever. 8. Any notice to be given pursuant to this agreement may be delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Owner and the City as follows: Mr. Herbert Richardson Box 393 Niagara Falls, Ontario L2E 6T8 Telephone: (905) 371-34~ Facsimile: (905) The Corporation of the City of Niagara Falls Attention: Property Manager 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521 Facsimile: (905) 374-7500 Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. This agreement shall enure to the benefit of and be binding upon the successors of the City and the successors and assigns of the Owner, it being the express intention of the parties -3- hereto that subsequent purchasers and mortgagees in possession shall obtain the I ~enefit of and be bound by the provisions of this agreement. 1N WITNESS WHEREOF the City has hereunto affixed its corporate seals dui~, attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have the authority to bind the corporation and the Owner has hereunto set his hand and seal. In the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) HARDSON THE CORPORATION OF IHE CITY OF NIAGARA FALLS Name: Wayne Thomson Title: Mayor Name: E. C. Wagg Title: City Clerk SCHEDULE "A" to an Agreement dated the 13~ day of September, 2000 between HERBERT RICHARDSO~ and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part of Lots 4 and 5, in Block DD, Plan 999 and 1000, formerly Town of Niagara Falls, now City of Niagara Falls, Regional Municipality of Niagara, being all of the lands of the P1N. SCHEDULE "B" to an Agreement dated the 13~ day of September between HERBERT RICHARDSON and THE CORPORATION OF THE CITY OF NIAGARA FALL,$ Paxt of Park Street on Plan No. 999-1000 in the City of Niagaxa Falls in the Regional Municipality of Niagara designated as Part 1 on Reference Plan No. 59R-11130. ~ The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman May 27, 2002 Seconded by Alderman RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the proposed zoning by-law for Application AM-07/2002 (Tony and Anna D'Amico, regarding a proposed tourist home at 4741 Zimmerman Avenue) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IOREIDA WAYNE THOMSON CITY CLERK MAYOR The City of Niagara Falls, Ontario No. Moved by Alderman Seconded by Alderman Council Chambers May 27, 2002 RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City conf'mns that it has entered into a contract for or authorized the commencement of all works herein listed: Capital Authorizing Financing Retirement Account No. By-law Number Request Term C-008-8275 2002-100 $ 840,000.00 10 years C-008-8309 2002-101 1,284,473.00 10 years C-037-8788 2002-102 372,556.00 10 years C-038-8904 2002-103 400~000.00 10 years AND the seal of the Corporation be hereto affixed. $ 2,897,029.00 DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR