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2013/04/09COUNCIL MEETING Tuesday, April 9, 2013 Order of Business and Agenda Package Niagarafalls COUNCIL MEETING April 9, 2013 PRAYER: Councillor Gates ADOPTION OF MINUTES: Council Minutes of March 26, 2013 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. BUDGET MATTERS 5:00 - 7 :00 P.M. Capital Budget The Director of Finance will provide a presentation and update on the Capital Budget. NOTE: Please bring your Capital Budget binder. Update budget sheets will be provided. WEGO TS- 2013 -17, WEGO Operations, Maintenance and Storage Facility Request for Tender RFT04 -2013 - Construction David Schram, Project Manager, will make a presentation and provide an update. NOTE: If the above -noted budget agenda is not completed by 7:00 p.m., the remaining reports will be dealt with subsequent to the Planning matters. PRESENTATIONS /DEPUTATIONS 7:00 P.M. Niagara Peninsula Energy Brian Wilkie CEO & President, Janie Palmer - Board Chair, Margaret Battista & Sue Forcier from NPEI will be in attendance to highlight their recent receipt of an Electricity Distributors Association Award for Excellence in Customer Service and will inform Council on Conservation Programs offered to residents of Niagara Falls. - 2 - PLANNING MATTERS 7:00 P.M. Public Meeting 26CD -11- 2013 -001, Plan of Condominium ( Vacant Land) Block 208, Registered Plan 59M -384 Kelsey Crescent & Angie Drive Applicant: Pinewood Homes ( Niagara) Ltd. (Mike Colaneri Jr.) Proposed 38 Unit Vacant Land Condominium Background Material: Recommendation Report: PBD -2013 -28 Public Meeting AM- 2013 -001, Official Plan and Zoning By -law Amendment Application 6295,6309,6313 and 6321 Drummond Road Owners: Michele, Emma and Emilia Picciariello and Amy, Emila and Pasquale Carlucci (Paradise Pools) Agent: Chris Cristelli Proposed Neighbourhood Commercial Development Background Material: Recommendation Report: PBD -2013 -30 Public Meeting AM- 2012 -014, Official Plan and Zoning By -law Amendment Application Applicant: City of Niagara Falls Policies and Regulations for Second Dwelling Units Background Material: Recommendation Report: PBD -2013 -27 MAYOR'S REPORTS, ANNOUNCEMENTS - 3 - COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara District Airport Commission - Council consider filling the vacancy on the Commission. RECOMMENDATION: For the Consideration of Council 2. Municipal Heritage Committee - Correspondence regarding Council's decision regarding the Battlefield School Property. NOTE: Laurel Campbell, Chair, has requested to read the correspondence. RECOMMENDATION: Receive and file. 3. Municipal Heritage Committee - Council consider filling the vacancy on the committee. RECOMMENDATION: For the Consideration of Council 4. Daniel Rodrique - Requesting that his documentary on veterans be posted on the City's website. RECOMMENDATION: For the Consideration of Council 5. 97.7 HTZ -FM - Requesting two hours of unused ice time for free. RECOMMENDATION: For the Consideration of Council 6. Cystic Fibrosis Canada - Request that the month of May be proclaimed as "Cystic Fibrosis Awareness Month: in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. REPORTS 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2013 -15 - Deerfield Estates Phase 9 ( River Realty). Request to Amend Subdivision Agreement - Phase 3 Relotting MW- 2013 -16 - RFP 19 -2013, Supply and installation of a Spray Pad at Prince Charles Park PBD- 2013 -24 - PLC - 2013 -004, Request for Removal of Part Lot Control Lots 71 -76 (inclusive) and 81 -84 (inclusive). Chippawa West Phase 2 Subdivision. Applicant: A.J. Clarke and Associates Ltd. PBD- 2013 -31 - Commercial Building & Facade Improvement Grant Application. CB&FIG- 2013 -003, Cupolo's Sports (Jessica Reynolds). 4554 Queen Street TS- 2013 -16 - Monthly Parking Incentive and Bulk Permit Policy RATIFICATION OF "IN CAMERA" MATTERS BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2013 -57 A by -law to designate Lots 71 -76 (inclusive) and Lots 81 -84 (inclusive), Registered Plan 59M -395, not be subject to part-lot control (PLC- 2013 -004). 2013 -58 A by -law to establish Part 10 on Reference Plan 59R -1881 as a public highway, to be known as and to form part of Paddock Trail Drive. 2013 -59 A by -law to amend By -law Nos. 79 -200 and 93 -141, in accordance with an Order issued by the Ontario Municipal Board dated March 26, 2013, to permit a 10- storey apartment dwelling with or without neighbourhood commercial uses on a portion of the ground floor (AM- 24/97). 2013 -60 2013 -61 - 5 - A by -law to authorize the execution of an Amending Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision - Phase 9. A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2013 -62 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of April, 2013. NEW BUSINESS Niagara,'aLts REPORT TO: SUBMITTED BY: SUBJECT: TS- 2013 -17 April 9, 2013 Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services & Business Development TS- 2013 -17 WEGO Operations, Maintenance and Storage Facility Request for Tender RFT04 -2013 - Construction RECOMMENDATION 1. That Council award the contract for the construction of the Bus Maintenance and Storage Facility to Aquicon Construction Co. Ltd. In accordance with RFT4 -2013. 2. That the Mayor and City Clerk be authorized to execute the agreement between the City and Aquicon Construction. EXECUTIVE SUMMARY The City received five bids from General Contractors in response to the tender to construct the new Bus Maintenance and Storage Facility. Aquicon Construction's bid of $19,589,000 (excluding contingency) is the lowest bid. Aquicon completed other major construction projects for the City including MacBain Community Centre and the Gale Centre. The project budget is $22,300,000 which includes grants from the Federal and Provincial governments and from GO Transit. The total cost of the Project is $25,714,500. To proceed, a contribution from Council of $3,414,500 will be necessary. It is staffs recommendation that debenture financing be utilized for the City's contribution. The required borrowing will not be made until project completion. The required debenture is within Council's approved debt management strategy. If approved, Aquicon would mobilize immediately. The estimated construction schedule is 14 months and completion is expected by July /August 2014. BACKGROUND The need for a new bus maintenance and storage facility is well documented in earlier reports to Council (BDD- 2011 -09, October 24, 2011 and TS- 2012 -30, July 24, 2012). The integration of the Niagara Falls Transit with the WEGO and Go Transit operations is an opportunity that will have positive implications in the short and long terms. April 9, 2013 ANALYSIS /RATIONALE -2- TS- 2013 -16 Council directed staff to develop a design that would result in an energy efficient building that was functional. Over the course of the design process, independent cost estimates were developed to guide the decision making process. This has resulted in a reduction of the project cost by over 13% since the first design was presented to Council. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The summary of project costs and revenues are as follows: Project Costs Building Construction Construction Contingency Project Design, Investigations, Approvals Site preparation and Building Furnishings and Equipment Total Project Budget Project Contributions Federal and Provincial GO Transit Total Contributions Difference Project Cost to Contributions $19,589,000 $ 1,400,000 $ 4,725,500 $25,714,500 $18,300,000 $ 4,000,000 $22,300,000 $ 3,414,500 A contribution by the City of $3,414,500 is approximately 12% of the total project cost and significantly Tess than the estimated cost to repair the existing Transit facility building ($6,000,000) and the estimated cost of a new Niagara Falls Transit building ($15,000,000). The City's contribution represents a 50 -year investment in transit, maximizes the contributions of other government levels and provides the capability to service commercial buses. The City's contribution of $3,414,500 is required for the project to proceed. The funding source recommended by staff is debenture financing at the completion of the project. The required debenture is within the debt management strategy previously approved by Council. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities to integrate Niagara Falls Transit facilities with the WEGO facility and to pursue opportunities for Organizational Efficiencies and Effectiveness. April 9, 2013 LIST OF ATTACHMENTS -3- TS- 2013 -16 Report TS- 2012 -30 WEGO Operations, Maintenance and Storage Facility - Class B Cost Estimate Update Recommended by: Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Serge Felicetti, Director of Business Development Ken Todd, Chief Administrative Officer S: \General Administration \GA 1.01 Reports\2013 Council \4 Apr 9 \TS- 2013 -17 Construction of the WEGO Operations Maintenance & Storage Facility.wpd 1 a -cu i L -sU Niagaraaalls July 24, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services /Business Development TS -2012- 30 WEGO Operations, Maintenance, and Storage Facility Class B Cost Estimate Update RECOMMENDATION: That Council authorize staff to proceed, upon completion of a Class A cost estimate, to tender a combined WEGO /Niagara Falls Transit/Go Transit Operations, Maintenance and Storage Facility, at an upset limit of $27.6 million (includes $5.3 million investment from the City) for the construction of a combined facility with inside storage for 36 (includes 12 for GO Transit) buses. EXECUTIVE SUMMARY: The City of Niagara Falls has been presented with a rare opportunity to leverage Federal and Provincial funding (City's contribution rate of 20% which is well below the traditional 50% level) to construct a new Combined Transit Operations and Maintenance Facility. This funding could not have come at a better time as the current transit facility is more than 55 years old and in need of replacement. The cost to replace the existing building is estimated at $15 million, which would have been solely at the City's expense. At the January 24, 2012 Council Workshop, staff were instructed to explore pricing on the Class C 50% storage and the Class C base options. Based on Council's direction the following was achieved while preparing for the Class B cost estimate: • Building size reduced by 20% • Eliminated one service lane (3 to 2) • Indoor storage reduced by 50% • Removed Parking Operations • Reduced entire Administration Space by 12% From the combined contributions (Federal, Provincial and GO Transit), $22.3 million has been allocated to construct the WEGO/Niagara Falls Transit/GO Transit building. In order to include the conventional transit system operational needs an investment of $5.3 million will be required to construct this new 50 -year facility. JUIy Z4, ZU1L BACKGROUND: - G - 1 J -LU I The City's transit consultant, IBI Group, concluded in the 2009 Transit Strategic Plan that, given projected future expansion of transit services in Niagara Falls including expansion of transit services to better serve the community, a new facility is required to meet future needs at an estimated cost of $15.0 million. Prior to the award of funding for the new WEGO system, Staff had identified within the 10- year Capital Budget that by 2014 it would need to fund the replacement of the existing transit operations and maintenance facility. With the announcement of the WEGO project, the City of Niagara Falls has been presented with a rare opportunity to leverage Federal and Provincial funding (at a rate of 20% which is well below the traditional 50% funding level) to construct a new combined Transit Operations and Maintenance Facility. The decision to combine the transit operations and maintenance facility was approved at the October 24, 2011 Council meeting at which time the staff were instructed to proceed with the design of a combined Niagara Falls T ransitANEGO /GO Transit facility. A subsequent Council workshop held on January 24, 2012, where a Class C cost estimate was presented illustrating the combined facility design. Following this presentation, Staff were instructed to look at further opportunities to reduce costs. In response to this, the following actions were undertaken; the building size was reduced by 20 %; eliminated one service lane (3 to 2); indoor storage reduced by 50 %; removed Parking Operations administration space; reduced administration space by 12 %. More specifically the administrative area was reduced as follows: Reduced total administrative space by over 2,000 ft2 ($355,000) by consolidating spaces and uses • Removed conference room and coffee room /storage area — multi- purpose rooms are planned • "Squeezed" the building to further reduce space, offices, servicing and cost • Administrative space is approximately 12% of the total building A Class B Estimate has now been prepared, which is plus /minus 10% in accuracy. The following identifies (2) alternatives that were prepared with the associated size estimates for each described below: 1) Base Alternative Satisfies Federal and Provincial Funding Partners and GO Transit's requirements, however, does not satisfy conventional Transit's storage needs $2.8 million 2) 50% inside Storage Satisfies daily Conventional /WEGO needs (utilizes maintenance area (20 %), however is a reduced level of service compared to existing). $5.3 million The decision on the provision of indoor bus storage (how much to provide) versus outdoor bus storage has been debated for many years and it is difficult to quantify. Since the acquisition and construction of the current transit facility in 1975, indoor storage for the conventional fleet has always been above the 80% level, all other vehicles including the Chair -a -van, Inter - municipal vehicles, GO Transit and out of town buses have been stored outside. ' J ' vM r , v II= The attached appendices provide information related to Transit System Survey Regarding Vehicle Storage, Environmental Issues, and Benefits and Challenges to Outdoor Storage. Although below our current storage levels, the fact is that Staff feel comfortable in providing a 50% level of storage to meet the peak operational needs of both the conventional and WEGO operations without severely impacting the day to day operational costs. There may be times when extra staff may be required to address periodic harsh winter conditions, however, it is anticipated that these instances would be few and far between. Should these instances increase on a regular basis the building is built in a modular fashion that would allow for expansion in the future if warranted and funding is available. ANALYSIS /RATIONALE: The opportunity to combine the VTS /Niagara Falls Transit/GO Transit facility provides many mutual benefits to the City. As highlighted in the 2009 Transit Strategic Plan prepared by IBI, it would cost an estimated $5.0 to 6.0 million just to bring the existing 50- year -old building up to current building code standards. To build a new facility to accommodate Niagara Falls Transit only, it would cost an estimated $15 million which does not include the necessary and acquisition to enlarge the site to enhance the service per the 2009 Transit Strategic Plan. FINANCIAL /LEGAL /STAFFING IMPLICATIONS: The proposed capital cost estimate for the building, requires an investment of City funds. The City's investment allows for consolidation of all Transit operations in one facility. The proposed facility is an opportunity to leverage City funding with other partners contributing. The chart below provides a breakdown of the funding partners in this facility, showing both funding amount and percentage. The City's investment as shown above allows the City to avoid replacement of the existing transit garage at an estimated cost of approximately $15 million, consolidate all transit operations and build a modern facility utilizing a partnership with other funding partners. It is anticipated the proposed facility will accommodate operations for another 40 years. The construction schedule for the project requires the building be completed in 2014. As a result, Council would be required to commit funding in 2014 to this project should the recommended proposal be approved in principle. An investment of $5.3 million exceeds the annual allotment of capital transfers from the General Purposes Budget. As a result, the municipality should expect to debenture its share of the investment. Amount Percentage Federal Government $9.15 million 33.1% Provincial Government 9.15 million 33.1% GO Transit 4.00 million 14.5% City of Niagara Falls 5.30 million 19.3% Total Cost $27.60 million 100% The City's investment as shown above allows the City to avoid replacement of the existing transit garage at an estimated cost of approximately $15 million, consolidate all transit operations and build a modern facility utilizing a partnership with other funding partners. It is anticipated the proposed facility will accommodate operations for another 40 years. The construction schedule for the project requires the building be completed in 2014. As a result, Council would be required to commit funding in 2014 to this project should the recommended proposal be approved in principle. An investment of $5.3 million exceeds the annual allotment of capital transfers from the General Purposes Budget. As a result, the municipality should expect to debenture its share of the investment. July 44+, w IL During 2012, Council considered a debt management strategy and approved additional borrowing for 2012, however, future years were subject to subsequent years' approvals. It should be noted that the proposed investment could be accommodated within the debt management plan as proposed by staff. CITY'S STRATEGIC COMMITMENT: This initiative is supported by Council's Strategic Priorities Provide Convenient, Accessible, & Sustainable Transportation through the Integration of Niagara Falls Transit facilities with the proposed People Mover facility. LIST OF ATTACHMENTS Appendix A - Transit System Survey Regarding Vehicle Storage Appendix B - Environmental Issues Appendix C - Benefits and Challenges to Outdoor Storage Recommended by: Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Serge Felicetti, Director of Business Development Ke Todd, Chief Administrative Officer I J'LV IL'JV vwey ill.v 1Al. S.\General Administration \GA 1.01 Reports12012 Counci1111 July 24 \TS -2012- 30 - WEGO Facility Class B Cost Estimate_1 wpd Appendix A Transit System Survey Regarding Vehicle Storage In 2009 a survey was conducted by City of Burlington staff to determine the vehicle storage infrastructure and experience in Ontario Transit systems. Survey responses were received from 21 transit systems and of those, five systems currently have outdoor storage facilities. Of those systems that currently have outdoor storage, only OC Transpo (Ottawa) would build outdoor storage facilities in the future. Below is a summary of experience from the five systems currently using outdoor storage. GO Transit GO Transit currently parks 141 of their 385 buses outdoors (with auxiliary heating systems). Based on the maintenance issues and operating costs associated with outdoor storage, all future storage will be indoors. The two largest facilities (Milton — 25 buses and Bramalea — 58 buses) now have indoor storage. Kingston Transit Kingston Transit currently parks their fleet of 48 buses outdoors in an area that is partially covered. Kingston reports issues with cold temperatures, particularly with the bus air system, ice freezing on windows, heat (customer and bus operator comfort) and farebox malfunctions. As a result, a feasibility study was undertaken in 2009 to consider enclosing the storage area. The Study concluded the need for indoor storage vs outdoor storage and in 2011 City Council approved is proceeding with the transition to indoor storage. Mississauga Transit Mississauga has 422 vehicles with 100 outdoor spaces at 1 location. In 2005 Mississauga commissioned a study re the cost /benefit analysis and net present value assessment for outdoor vs. indoor storage. The study concluded that the life cycle costs of the two options are essentially equal for the indoor and outdoor options and that the decision should be made based on operational needs. The indoor storage of transit vehicles is preferred under considerations related to customer service (comfort, cleanliness, service reliability), employee working conditions (safety) and environmental impact (bus idling, noise, fluid spillage). All new facilities have been built with indoor storage based on challenges with outdoor storage and results of the cost/benefit and net present value assessment of outdoor versus indoor storage. OC Transpo (Ottawa) OC Transpo has 1,000 vehicles with 90 outdoor spaces at 1 location. In June 2004, OC Transpo prepared a report on outdoor vehicle parking following a 3 -year pilot project. OC Transpo uses the Webasto heating system as opposed to the UWE system used in Mississauga and Toronto. OC Transpo concluded the pilot program was successful and provided 34 JUIy L'F, LVIL - v - recommendations related to outdoor storage. The first recommendation was "Notwithstanding the positive pilot results, as a hedge against any as yet undiscovered problems, all outdoor bus parking areas in future garage builds should be configured on the site such that they could be enclosed in the future if need be ". OC Transpo is currently designing a second outdoor storage facility. Toronto Transit Commission Toronto has 1600 vehicles with 300 outdoor spaces at 2 locations. The newest facility built in 2007 has 100% indoor storage based on operational challenges with the 2 existing outdoor storage facilities. Although Brampton Transit does not operate an indoor storage facility, Brampton undertook a similar study as Mississauga Transit in 2006. Brampton Transits study reached the same conclusions as Mississauga Transit. The new Brampton Transit Operations Centre that opened in 2008 was built with indoor vehicle storage. Ju17 S-r, LV IL Appendix B Environmental Issues Weather Impact For outdoor vehicle storage, steps must be taken to minimize the effect of adverse weather conditions on vehicle mechanical systems (particularly engines, electrical and air systems). Although the outdoor storage technology keeps major vehicle components warm (engine and fluid systems) and maintains battery strength for starting, extra precautions must be taken to ensure the availability of buses for service each day. These precautions include pre - service start -up to warm buses to ensure key operating features are functioning (i.e. brakes /air system, windshield wipers, ramps, etc.) In colder weather conditions, it may be necessary to idle buses for extended periods (one hour or more) while maintenance staff attends to all vehicles. Transit systems reported the increased of salt and sand for outdoor storage areas, as staff are required to move throughout the vehicle parking area to attend to all the vehicles. This results in an increase in the repair and maintenance of the outdoor storage area and a need to replace the pavement sooner. Environmental Impact As discussed above, in colder winter conditions it may be necessary to idle buses for extended periods of time in order to properly warm up and defrost vehicles. Based on the survey of Ontario transit systems, the time required to idle buses ranged from 30 minutes up to 3 plus hours a day in some circumstances (winter conditions). Excessive idling results in increased fuel usage, additional wear on equipment components plus the environmental impacts of idling for extended periods of time. In addition, vehicle maintenance requirements increase due to idling and excessive vehicle exposure to the elements during the vehicles dormant period each night. i.e. engine components, electrical, air system, HVAC, steering, brakes. In addition to an increase in noise pollution produced by idling vehicles, fossil fuel powered vehicles emit several types of greenhouse gases (GHG's). These gases include carbon dioxide (CO2) that contribute to climate change and criteria air contaminants (CAC's) such as volatile organic compounds (VOC's), carbon monoxide (CO) and nitrogen oxides (NOX) that all contribute to air pollution. Heavy duty diesel powered vehicles emit criteria air contaminants (CAC's) such as particulate matter (PM) and nitrogen oxides (NOx ); however, with the latest technological advancements both diesel fuel and engine designs, the diesel powered vehicle of today will rival gasoline powered vehicles on emission standards during vehicle in- service operation. Excessive idling of any fossil fuel powered vehicle contributes to pollution regardless of the performance level of the emission controls. In order to comply with 2010 emission requirements, diesel powered vehicles in 2010 and beyond will be equipped with additional emission equipment including a storage tank under the bus that will contain liquid Urea (an odourless, biodegradable, ammonia based product). Urea will be injected into the exhaust system creating a chemical reaction to change nitrogen oxide (NOx) into water and nitrogen thereby resulting in cleaner emissions. The Urea product cannot freeze as it will not discharge into the exhaust system. Notwithstanding updated federal /provincial regulations and technological advancements, community leaders continue to strive in reducing greenhouse gases through the implementation of programs and /or local regulations. On October 19, 1998, Niagara Falls City Council passed By -law 98 -217, "A by -law to prohibit unnecessary idling of vehicles JUIy L4, ZU1 L - o - within the City of Niagara Falls ". The adoption of this by -law clearly demonstrates Niagara Falls as a leader in this type of environmental initiative. The by -law states that "No person shall cause or permit a vehicle to idle for more than three (3) minutes in a sixty- minute period within the City's boundaries" Niagara Falls Transit vehicles are exempt from this bylaw, however all efforts to conform to the by -law should be taken into consideration in the decision making process. The City, along with various neighbouring communities is a partner in the Regional /Provincial initiative "Spare the Air Program ". The program is geared towards reducing greenhouse gas (GHG) emissions by providing not only an educational and awareness component, but also a follow up process to evaluate the effectiveness of the program. Vehicle Maintenance Requirements In colder weather conditions, servicing may also present challenges in that buses cannot be washed and stored outdoors during the winter season. Although buses can be rotated from indoor to outdoor storage, buses would not be washed every night during winter months when daily bus washing is often required. This constraint results in buses being dispatched into service that have not been cleaned which would project a negative public image. In addition, during inclement and cold weather conditions, minor repairs such as replacement of lights or mechanical adjustments are difficult to undertake, necessitating that vehicles be brought indoors. The major short-term advantage of outdoor storage is the capital cost savings over a facility with indoor storage. While it is generally accepted that the initial cost of construction is higher for indoor storage, the environmental (air quality, noise) and long -term operating cost benefits of indoor storage can outweigh the initial additional capital expense incurred. Outdoor storage also presents employee safety issues during winter months due to snow and ice. Indoor storage provides a controlled work environment thereby ensuring a safer work environment. July 44, LV IL - y - Appendix C Benefits and Challenges to Outdoor Storage 1 J -zin c-3V The anticipated benefits to outdoor storage include: - Capital costs would be approximately 45% less than indoor storage - Operating costs for heating and hydro would be 65% less than indoor storage - Rate of vehicle corrosion would be slower due to fewer thaw out periods The anticipated challenges to outdoor storage include: During adverse weather conditions (i.e, winterweather) additional maintenance staff would be required to start the buses, remove snow and ice from the buses. Additional Staffing required to provide the necessary time requirements to ensure vehicles parked outdoors are properly prepared at the end of the day for outdoor parking and the buses are ready in the a.m. for the start of the day.) - Winter yard maintenance would need to be enhanced to provide clear walking paths for drivers and maintenance staff. Snow removal from in between parked buses would be essential for staff safety. - Environmental spill containment requirements would need to be addressed. (Equipment and training) - Increased maintenance on bus heating systems, air systems, brakes, suspension, steering, driveline components. Environmental and cost issues (fuel, maintenance) related to buses idling in winter months. Increased use of sand and salt for outdoor storage area, as staff required to move throughout the vehicle parking area to attend to all vehicles. This results in an increase in the repair and maintenance of the outdoor storage area, and a shorter life cycle of the pavement. Components freezing up including doors, ramps /kneeling systems, mirrors, wipers, air system, suspensions. The need for thawing of undercarriages would require bus storage rotation to ensure that the undercarriages were clear. Due to accumulation of snow and ice on the underside of the buses they may become difficult to steer if not addressed. - Life expectancy of components may be lessened due to outdoor storage. Maintenance of outdoor storage equipment (outlets). Staff training (i.e. adverse weather conditions, electrical). Niagarapays C l Y 1D.1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PBD- 2013 -28 April 9, 2013 SUBJECT: PBD- 2013 -28 26CD -11- 2013 -001 Plan of Condominium (Vacant Land) Block 208, Registered Plan 59M -384 Kelsey Crescent & Angie Drive Applicant: Pinewood Homes (Niagara) Ltd. (Mike Colaneri Jr.) Proposed: 38 Unit Vacant Land Condominium RECOMMENDATION 1. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant is proposing to develop the property into a Vacant Land Condominium (Condominium), which would include a total of 38 townhouse dwelling units. This application can be supported because: • servicing issues, including water, sewage and stormwater management were addressed during the Deerfield Phase 9 subdivision process; • the density of the project, at 48 units per hectare, is appropriate for this location which is on a collector road and within close proximity of a school and public transit; • the expected selling price of the units is Tess than $209,271, which qualifies as affordable housing in Niagara Region; • the proposed Condominium will contribute to the City's 3 year supply of serviced land in draft approved plans; and April 9, 2013 - 2 - PBD- 2013 -28 with the appropriate use of landscaping along Angie Drive and within the parking area of the site, the proposed Condominium will integrate seamlessly into the neighbourhood. BACKGROUND Proposal The applicant is proposing to develop the 0.797 hectare (1.9 acre) property into a Vacant Land Condominium. The proposed Condominium is comprised of 38 units of vacant land for future townhouse dwellings and includes a parking area and common element areas. The buildings are laid out in a u -shape with the parking area in the middle. There are 72 parking spaces provided. Access to the condominium will be from Kelsey Crescent. Because the proposed Condominium is within a recently registered Plan of Subdivision, most of the standard development requirements have been addressed. Water and Sewage services are available and stormwater management was factored in during the subdivision process, however, on -site grading and servicing will have to be addressed. Parkland dedication for the subject land was addressed through the Deerfield Phase 9 Plan of Subdivision and, therefore, is not required for this development. Surrounding Land Uses The subject land is part of the Deerfield Phase 9 Plan of Subdivision, which was registered on August 15, 2011. The surroudning properties to the south and west are one - family detached dwellings. To the north is Angie Drive and beyond that are one - family detached dwellings. To the east is Kelsey Crecent and two vacant blocks intended for apartment buildings. Circulation Comments • Municipal Works Department - No objection to the application, however, several conditions pertaining to service installation are recommended. The City's Landscape Architect recommends a condition that requires a landscape plan to be submitted for review and approval, which will provide details about landscape treatments and fencing. • Transportation Services Department No objections to the application. It is noted that the site would function better if there were two access points, each aligned with the internal east/west aisles. The project has a significant parking surplus. With two access points, there is an opportunity to create additional or larger landscaped areas to reduce the visual impact of the large parking area by relocating some of the parking in the central area towards Kelsey Crescent, without sacrificing the parking supply the developer wishes to maintain. April 9, 2013 • Building Services /Fire Department - 3 - PBD- 2013 -28 No objections to the application. It is noted that the submitted building elevation drawings do not indicate any firewalis for the proposed buildings exceeding 600 square metres (6458 square feet). A designer /architect will have to confirm if firewalis are proposed and the location of any firewalis. If no firewalis are being proposed, this property would require a fire access route in accordance with the Ontario Building Code. • Legal Services /Clerks - No objections to the application. Bell Canada /Canada Post/Cogeco Cable /Enbridge Gas /Niagara Peninsula Energy Inc. None of the public utilities object to the application. Standard conditions have been included on behalf of the various utilities. It should be noted that Niagara Peninsula Energy Inc. did not request the inclusion of any conditions since the applicant has already made separate servicing arrangements with them. • Region of Niagara - No objections to the application. The Region advises that the because of the site design, the proposed Condominium would not be eligable for Regional garbage collection. The Region has provided several standard conditions to be incorporated into the conditions of draft approval. ANALYSIS /RATIONALE 1. Provincial Policy The proposed application is consistent with the Provincial Policy Statement and conforms to the Provincial Growth Plan as follows: • the subject lands are within a registered Plan of Subdivision in a settlement area and do not require the extension of municipal services; • the Condominium proposes to provide 7 units above the maximum currently stipulated for this site. This will help off -set recent density reductions in the Deerfield Phase 9 Plan of Subdivision; and • based on the developer's estimated sale price of $200,000 or less per unit, the development would be considered affordable housing (based on the Canada Mortgage and Housing Corporation's average sale price of $232,523 for residential housing in 2012 in the Region of Niagara and the definition of affordable housing in the Provincial Policy statement, which is any purchase price that is at least 10% below the average purchase price, the threshold price for affordable housing in the Niagara Region is $209,271 - anything below this value is considered affordable). April 9, 2013 - 4 - PBD- 2013 -28 Accordingly, Planning staff considers the application to be consistent with the Provincial Policy Statement and to conform to the Provincial Growth Plan. 2. Official Plan The property is designated Residential in the City's Official Plan. The application conforms to the Official Plan as follows: the maximum building heights are the same as the abutting lands to the west and south and the provision of townhouse dwellings provides an appropriate gradation between low density residential dwellings to the west and higher density residential development to the east; the density of the project, at 48 units per hectare, is appropriate for this location which is located on a collector road and is within close proximity of a school and public transit; the proposed Condominium contributes to the City's ability to maintain a minimum 3 year supply of serviced residential land in draft approved plans; and the unit size is proposed to be less than 130 square metres (1400 square feet) in gross floor area and does not include a garage, which contributes to providing new affordable housing opportunities for the City. The Official Plan contains several policies pertaining to amenity and site design. The relevant polices are summarized as follows: • the City shall promote appropriate building and landscape designs to improve the physical and social environment of the City; parking areas shall be designed in a manner that blends in with the surrounding area; parking areas shall be designed to minimize the extent of paving; and landscaping and open space amenity areas should be incorporated in development projects to compliment boulevard plantings and can help soften dominant building mass. There is also a concern that the in- ground waste collection areas proposed at the northwest and southwest corners of the parking lot are too close to the reidential units. The waste storage areas should be moved away from the dwellings to a more centralized location that would better serve all the units. Therefore, Planning staff recommend that the waste storage areas be moved to the centre island of the parking lot and that island be expanded 2.75 metres east and west. This would provide the opportunity for more landscaping in the centre of the parking lot and allows for additional landscaping in the northwest and southwest corner of the parking lot. Condition 9 requires the applicant to submit a landscape plan showing plantings, fencing and the location of the waste collection area. April 9, 2013 - 5 - PBD- 2013 -28 Fencing is required where a townhouse development abuts one family detached dwellings. A condition requiring a 1.8 metre high wood fence has been included along the south and west lot lines. Planning staff recommend that there should be some type of decorative fencing along Angie Drive to help establish the boundary between the public and private realm (decorative metal or an approved alternative, no higher than 1.2 metres). This would help supplement any landscaping provided along Angie Drive. A condition has been included to address fencing along Angie Drive. In addition, consideration should be given to providing an architectural treatment along the rear of the units abutting Angie Drive to help soften the massing of the buildings. With the inclusion of the above noted conditions, Planning staff considers the application to conform with the Official Plan. 3. Zoning By -law The property is zoned Residential Low Density, Grouped Multiple Dwellings (R4 -919) with site - specific regulations. The owner has an application to the Committee of Adjustment for a Minor Variance for reduced minimum lot area, reduced minimum front yard depth, reduced minimum rear yard depth, reduced minimum parking aisle width between parking stalls, and reduced minimum distance between buildings. A condition is included in Appendix 1 that requires the MinorVariance to be finalized (appeal period completed without any appeals) prior to registration of the Plan of Condominium. FINANCIAL IMPLICATIONS There are no financial implications from this development. CITY'S STRATEGIC COMMITMENT The proposal provides for development as envisioned by the City's Official Plan and the approved Deerfield Phase 9 Plan of Subdivision. The proposed condominium adds to the choice of housing options available in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Draft Condominium Plan ► Appendix 1 - Conditions of Draft Plan of Condominium Approval ttt8, Lik jjL(i Alex Herlovitch, Director of Planning, Building & Development Recommended by: Respectfully submitted: Ken Todd, Chief Administrative Officer D.Deluce:mb Attach. S: \PDR\2013 \PBD- 2013 -28, 26CD -11- 2013 -001, Block 208, Plan 59R -384 - Plan of Vacant Land Condominium.wpd April 9, 2013 -6- SCHEDULE 1 PBD- 2013 -28 IuI11101 lu■ ii uuh I =111111111111 IMMO =MI M 013 April 9, 2013 - 7 - SCHEDULE 2 PBD- 2013 -28 KEY PLAN 101 -o CO oI auyara Fay PLAN CO ILLUSTRATE PROPOSED AREAS AND SETBACKS FOR VARIANCES PURPOSES OF BLOCK 208 PLAN 59M -384 SCALE 1:. Mmao,2 Carnercn -,orry S.VE'!ING LJwm ED SRE INFORMATION LkIBti-E OF UN/IS TO OF ,rE ZONING 04_313 MATTNEWS, CAMERON, HEYWDOD • KERRY T. HOWE SURVEYING L April 9, 2013 -8- APPENDIX 1 Conditions of Draft Plan of Condominium Approval PBD- 2013 -28 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated February 11, 2013, showing 38 units of vacant land for townhouses as well as common element areas for private roadways and landscaping. 2. The developer receive final approval from the City of Minor Variance application A- 2013 -011 and the Minor Variance be in full force and effect. 3. The developer submit to the City's Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 4. The developer provide five copies of the pre - registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement , they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submit a Solicitor's Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7 The developer provide a 1.2 metre high decorative style fencing (decorative metal or approved alternative), along the entire length of the lot line along Angie Drive. Details of this fence shall be shown on the landscape plan required by condition 9. 8. The developer provide a 1.8 metre high wood fence, in accordance with City standards, along the entire length of the south and west lot lines. Details of this fence shall be shown on the landscape plan required by condition 9 to the satisfaction of the Director of Municipal Works. 9. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping /lot landscape design, patios, driveway locations, garbage enclosures /collection areas and buffering for the adjacent residential lots. 10. All roadways within the subject lands shall be designed and constructed in accordance with City standards. 11. All services within the subject lands shall be designed and constructed in accordance with City standards. It is understood that stormwater management for this April 9, 2013 - 9 - PBD- 2013 -28 development has been accounted for through the Deerfield Estates Phase 9 subdivision and that post - development flows will be conveyed through the on -site stormwater collection system up to and including the 5 -year return storm. Any flows expected above the 5 -year return storm shall be conveyed overland to Angie Drive and Kelsey Crecent subsequently into the existing stormwater management facility to the west in Edgewood Estates, designed for the 100 -year storm event. 12. The lot grading design and construction shall be completed in accordance to City standards. 13. The developer's streetlight scheme shall be designed and constructed in accordance to City standards. 14. The developer submit all servicing plans including water, sanitary, stormwater, private driveway, landscaping, fencing, lighting and lot grading and drainage to Municipal Works for approval and inclusion into the Vacant Land Condominium Agreement. 15. The developer pay the applicable development charges in place at the time of the Vacant Land Condominium Agreement execution and Building Permit issuance in accordance with By -law No. 2009 -120, as amended. 16. The developer submit the necessary servicing drawings and building elevation drawings to the Building Department and Fire Department to satisfy the requirements of Division B, Article 3.2.5.4. of the Ontario Building Code. Note that should no firewalls be proposed in the buildings then a fire access route shall be provided in accordance with Division B, Article 3.2.5.4. 17. If a fire access route is required by condition 16, the developer shall submit a request to the Fire Department to designate through municipal by -law a fire access route on the property. 18. The developer satisfy the Building Department and Fire Department with respect to Fire Department access to units 14 -16 and 23 -25. 19. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (ie. 911 Emergency Services). April 9, 2013 -10 - PBD- 2013 -28 20. The developer shall agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. 21. Bell Canada requires one or more conduits of sufficient size from each unit to the room(s) in which telecommunication facilities are situated and one or more conduits from the room(s) in which telecommunication facilities are located to the street line. 22. The developer provide a blanket easement over the subject lands in favour of Enbridge Gas Distribution Inc. to the statisfaction of Enbridge Gas Distribution. 23. The developer shall enter into an agreement with Cogeco Cable or equivalent telecom provider, to grant and provide the following at no charge to Cogeco Cable or equivalent telecom provider: a. access to and use of a common joint utility trench(es) (the "Trench ") to be located within the proposed municipal rights -of -way (the "ROW ") or on private property not to be assumed by the Municipality, the construction of which Trenches are governed by a Construction and Maintenance Agreement for Joint Utility Trench entered into by the Owner and all utility companies intending to use the Trench if such as been executed by the parties; b. access to and easements over the lands under the Owner's control within the Development as required by telecoms for installation of their facilities; c. reasonable assistance to secure a line location from the ROW to the Units for the installation of service drop connections to the Units; and d. the right for telecoms to offer their communication services to individuals owning, leasing or occupying or intending to occupy Units. 24. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 25. The developer satisfy all requirements of Canada Post regarding temporary and permanent Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost). 26. The developer provide the Planning, Building & Development Department with letters from Bell Canada, Canada Post, Cogeco Cable, Enbridge Gas Distribution Inc. advising the developer has met all the Public Utility's requirements. 27. That within 60 days of draft plan approval the owners acknowledge that draft approval of this Condominium does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the Condominium for registration purposes and any pre - servicing will be at the sole risk and responsibility of the owner /developer. April 9, 2013 -11 - PBD- 2013 -28 28. That within 60 days of draft plan approval, the owners shall provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this Condominium, shall contain a clause clearly indicating that a servicing allocation for this condominium will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the Vacant Land Condominium Agreement between the owners and the City of Niagara Falls. 29. The developer shall demonstrate that adequate access for curbside collection of waste is available. 30. To be eligible for Regional waste and recycling collection, the draft plan is to conform to the Region of Niagara's "Collection of Waste by Way of Entry of Private Property" Policy to the satisfaction of the Regional Development Services Division. The developer /owner shall ensure that all streets within the Condominium plan can provide through acess and and enter into an Indemnity Agreement with the Regional Municipality of Niagara. If waste collection is not to be provided by the Region, the Vacant Land Condominium Agreement shall contain a clause stating that waste collection will be the responsibility of the condominium corporation. The following warning clause shall be included in the Vacant Land Condominium Agreement and inserted into all offers and Agreements of Purchase and Sale (or Lease): "Purchasers/Tenants are advised that due to the site layout, garbage pick -up for the development will be provided by the condominium corporation through a private contractor and not the Region of Niagara." 31. The approval for this draft Plan of Vacant Land Condominium shall expire three (3) years from the date of draft approval. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Department for Conditions 1 to 5 (inclusive), 7 and 3 - Municipal Works Department for Conditions 5, 7 to 15 (inclusive) - Buiding Department for Conditions 15 to 18 (inclusive) - Fire Department for Conditions 16 to 18 (inclusive) - Bell Canada for Conditions 19 to 21 (inclusive) and 26 - Enbridge Gas for Conditions 22 and 26 - Cogeco Cable for Conditions 23 and 26 - Canada Post for Conditions 24 to 26 (inclusive) - Regional Niagara Public Works Department for Conditions 27 to 30 (inclusive) PBD- 2013 -30 Nia ara ails April 9, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD- 2013 -30 AM- 2013 -001, Official Plan and Zoning By -law Amendment Application 6295, 6309, 6313 and 6321 Drummond Road Owners: Michele, Emma and Emilia Picciariello and Amy, Emila and Pasquale Carlucci (Paradise Pools) Agent: Chris Cristelli Proposed Neighbourhood Commercial Development RECOMMENDATION 1. That Council approve the Official Plan and Zoning By -law amendment application to: - add the subject lands to the list of properties in the Official Plan that can be developed for neighbourhood commercial properties notwithstanding the location policies; and, - rezone the property to Neighbourhood Commercial (NC), with site specific front yard depth, exterior yard width and maximum floor area regulations, to permit the proposed development. 2. That Council approve the applicant's request to have a by -law passed to deem Lots 242, 319, 320 and 321, Plan 40 to no longer be within the registered plan of subdivision which will permit the lots to merge in title and become one parcel. EXECUTIVE SUMMARY The applicant has requested Official Plan and Zoning By -law amendments to permit the redevelopment of the lands for neighbourhood commercial purposes. The amendments can be supported because: • the proposed commercial development would provide a limited range of uses that would serve the surrounding community, be at a scale that would be compatible with the surrounding neighbourhood and not compete with designated commercial areas; • the redevelopment of the property would improve its appearance to the benefit of the neighbourhood; • the proposed building setbacks reflect the established built -form and will help the development fit in with the neighbourhood; and April 9, 2013 - 2 - PBD- 2013 -30 • The requested floor area per use is acceptable given the trend to larger unit sizes. The applicant has also requested the four lots that comprise the lands (Lots 242, 319, 320 and 321, Plan 40) be deemed through by -law to no longer be within a plan of subdivision. The requested deeming by -law would facilitate the merger of the lots into one parcel for zoning and Building Permit purposes. BACKGROUND Proposal Amendments to the City's Official Plan and Zoning By -law are requested for 6295, 6309, 6313 and 6321 Drummond Road, located on the north -west corner of Drummond Road and Ash Street (see Schedule 1). A retail store (Paradise Pools), a detached dwelling and a duplex dwelling exist on the four lots. The lands have a total area of 1,853 square metres (19,950 square feet). The amendments are requested to permit the lands to be developed with a 612 square metre (6588 square foot) neighbourhood commercial building. The building is proposed to contain two retail stores. Paradise Pools is proposed to accupy one of the stores. Refer to Schedule 2 for further detail. The lands are designated Residential in the Official Plan. Limited, small scale neighbourhood commercial developments are permitted within the Residential designation, but are to be located at least 500 metres from other commercial developments. The applicant is requesting the subject lands to be added to the list of properties that can be used for commercial purposes notwithstanding the location policies. The lands are zoned Transition Residential Multiple (TRM) in accordance with Zoning By- law No. 79 -200. The zoning of the lands is requested to be changed to Neighbourhood Commercial (NC) with site specific front yard depth (Ash Street), exterior side yard width (Drummond Road) and maximum floor area regulations, to permit the proposed development. Surrounding Land Uses The surrounding lands are primarily developed with single detached dwellings with the exception of an apartment building and townhouses to the south. Two neighbourhood commercial developments are located in proximity of the subject lands, including a restaurant, located approximately 85 metres south of the site and a commercial /residential complex, including a small restaurant, sub shop, retail store and residential units, located approximately 125 metres north of the site. Circulation Comments Information regarding the requested Official Plan and Zoning By -law amendments was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Provincial or Regional perspective. The proposed Official Plan amendment is exempt from Regional approval. April 9, 2013 - 3 - PBD- 2013 -30 - Detailed servicing drawings should be provided to the Region at the site plan stage to ensure Regional servicing infrastructure is protected. Municipal Works, Parks and Recreation - No objections. Servicing and grading matters are to be addressed through the site plan control process. Landscape design and detail information is to be provided at the site plan stage and should include landscaping along the street and fencing to buffer adjacent properties. Transportation Services - No objections. Transportation concerns, including the provision of a disabled parking space in accordance with City standards, will be addressed through the site plan control process. - A 3.05 metre wide road widening along the Drummond Road frontage of the site and a 7 metre by 7 metre daylight triangle at the corner of Drummond Avenue and Ash Street are to be dedicated at the site plan stage. • Fire Services, Building Services - No objections to the application. Fire safety concerns and Ontario Building Code matters shall be addressed through the site plan control and Building Permit processes. • Legal Services, Niagara Falls Transit - No objections. Neighbourhood Open House A neighbourhood open house was held on March 6, 2013 to explain the proposal and to answer questions. The applicant, agent and 4 residents were in attendance. The residents expressed no objections to the application. Two residents received clarification that chlorine storage for the Paradise Pools store, now located outside in the north -west part of the lands, will be moved indoors. In addition, the applicant provided information on the anticipated start of construction and the occupancy of the second unit. ANALYSIS 1 Official Plan The properties are designated Residential in the City's Official Plan. Neighbourhood Commercial facilities with a maximum floor area of 930 square metres are permitted on Residentially designated lands adjacent to arterial roads, subject to locational requirements. To avoid competition with planned commercial districts and an oversupply of neighbourhood commercial facilities, they should be located at least 800 metres from a similar use or a Commercial designated area. This separation distance is reduced to 500 metres by Official Plan Amendment No. 94 (Growth Management policies), which has been adopted by Council, but is under appeal. April 9, 2013 - 4 - PBD- 2013 -30 An amendment to the Official Plan is required because of the proximity of the site to two existing neighbourhood commercial facilities. The Official Plan contains a list of 5 neighbourhood commercial developments as exceptions to the above noted locational requirements. The applicant has requested an exception for the subject properties as well. A copy of the proposed Official Plan amendment is attached as Appendix 1. The requested amendment is acceptable for the following reasons: A significant portion of the site has been used for commercial purposes for many years. The requested amendment will recognize this use. The proposed development entails the rebuilding and a modest expansion of an existing retail store which is not expected to compete with designated commercial areas due to its small size. As the nearby neighbourhood commercial facilities are small in size (each offering about 300 square metres of commercial floor area) and provide other services, the proposed development is not expected to compete with them. The proposal would be compatible with surrounding development in terms of building height, massing and setbacks. Surrounding residences can be buffered through fencing and landscaping. The proposal will replace older structures which will enhance the appearance of the property and the neighbourhood. 2. Zoning By -law The properties are zoned Transition Residential Multiple (TRM) in accordance with Zoning By -law No. 79 -200. The TRM zone is a transitional zone that permits a limited range of residential uses and uses lawfully being carried on when the by -law was passed. The Paradise Pools retail store existed only on a portion of the site before the passage of the By -law No. 79 -200. The zoning of the properties is requested to be changed to Neighbourhood Commercial (NC) so that the site can be redeveloped with a small commercial building. The NC zone is appropriate because it permits a limited range of commercial uses including restaurants, personal service shops, banks, offices, clinics, health centres, service shops and retail stores. The requested adjustments to the standard NC zone regulations can be supported for the following reasons: A reduction to the minimum front yard (Ash Street) depth from 15 metres to 3.5 metres. The reduced setback better reflects the form of surrounding development and respects the established front yard depth along Ash Street. A reduction to the minimum exterior side yard (Drummond Road) width from 12 metres plus 13 metres from the original centreline of Drummond Road (to protect for a road widening) to 0 metres plus 13 metres from the centreline of Drummond Road. This reduced setback is consistent with the setback of April 9, 2013 - 5 - PBD- 2013 -30 the existing dwelling to the north from Drummond Road and provides for a development that engages the Drummond Road streetscape while protecting for the necessary future widening of Drummond Road. An increase to the maximum floor area per use, from 230 square metres to 430 square metres. This increase is to accommodate the existing Paradise Pools business. The 230 square metre limit was implemented in 1979; since this time there has been a trend to larger retail store sizes. With the limited size of the site, only one retail store or use of the maximum proposed size could be accommodated. 3. Deeming By -law The subject properties (Lots 242, 319, 320 and 321, Plan 40) are whole lots in a plan of subdivision which are currently intended to be developed separately. The applicant wishes to develop the four lots as one parcel. If the lots are deemed no longer to be within the registered plan of subdivision and put under the same ownership they will be able to be merged with each other to form one parcel for zoning and Building Code purposes. The applicant has requested the City pass a "deeming by -law" for Lots 242, 319, 320 and 321, Plan 40. A deeming by -law removes the special status granted to whole Tots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The registration of the applicant's requested by -law would merge the subject properties together once Tots are owned under the same name and allow them to be developed as one lot with a common parking area. Should Council approve the application this by -law will be brought to Council at the same time as the by -law to adopt the Official Plan amendment and the amending zoning by -law. CITY'S STRATEGIC COMMITMENT The proposal involves reinvestment by a local business which supports the economic vitality of the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan ► Appendix 1 - Draft Official Plan Amendment Recommended by: Respectfully submitted: A. Bryce: m b Attach. AGu !-j) Alex Herlovitch, Director of Planning, Building & Development Ken FTodd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -30, AM- 2013 -001 6295, 6309, 6313 and 6321 Drummond Road.wpd April 9, 2013 Subject Land '6' SCHEDULE 1 LOCATION MAP PBO-2013-30 SY 1111111111111111 1111 17.7:"C 11111111111 1111111111 MAR r 14liftRAY CORWIN CR Amending the Zo ing -la 7e-2 ou Mar 1 Location: 6295, 6309, 6313 and 6321 Drummond Road Applicant: Michele, Emma and Emilia Picciarjeflo arid Amy, Emila and Pasquale Carlucci AM-2013-00I April 9, 2013 -7- SCHEDULE 2 PBD- 2013 -30 .r. un , ,w.w ':0445.11011 'XIMPAIV4 44 W.244 \, A5 5 TREET SITE_ DEVELOPMENT ULAN, April 9, 2013 -8- APPENDIX 1 PBD- 2013 -30 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text, constitute Amendment No. xx to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE PART 2, SECTION 3, Policy 3.4.1.3 is amended by adding the following after "8550 Willoughby Drive ": "6295, 6309, 6313 and 6321 Drummond Road" PBD- 2013 -27 Niagarapalls April 9, 2013 C IY:f D.1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD- 2013 -27 AM- 2012 -014, Official Plan and Zoning By -law Amendment Application Applicant: City of Niagara Falls Policies and Regulations for Second Dwelling Units RECOMMENDATION That Council receive public input on the Provincially mandated policies and regulations for second dwelling units and that staff report back at a later date. EXECUTIVE SUMMARY This report proposes amendments to the Official Plan and Zoning By -law No. 79 -200 to add policies and regulations that would allow second dwelling units in one family detached dwellings, semi - detached dwellings and townhouse dwellings as well as accessory buildings to the aforementioned dwellings. The amendments can be supported for the following reasons: • the Province has mandated that second dwelling units be allowed in one family detached, semi - detached, and townhouse dwellings and accessory buildings to the aforementioned dwellings; • second dwelling units will contribute to the mix of housing types and range of housing options for those seeking living accommodations; • second dwelling units will assist in achieving more transit - supportive densities; • the Official Plan supports the provision of dwelling units of all types that cater to a wide range of households; the proposed regulations will ensure that second dwelling units are compatible with the surrounding neighbourhood; the proposed policies and regulations encourage residential intensification; and the proposed amendments will facilitate the provision of affordable housing. April 9, 2013 - 2 - PBD- 2013 -27 BACKGROUND Proposal In 2011, the Province passed the Strong Communities through Affordable Housing Act, which was intended to facilitate easier access to housing services, including affordable housing. This legislation resulted in an amendment to the Planning Act, which requires municipalities to amend their Official Plans and Zoning By -laws to add policies /regulations to allow second dwelling units in one family detached, semi - detached and townhouse dwellings. Provisions /regulations are also to be included to allow a second dwelling unit in an accessory building to one of the preceding dwelling types if a second dwelling unit in the main dwelling is not already existing. Staff brought forward polices for second dwelling units in the Growth Plan Compliance Amendment No. 94. Council directed staff to conduct additional public and industry consultation and report back. This report proposes to amend the Official Plan and Zoning By -law No. 79 -200 to add policies and regulations that would allow second dwelling units in one family detached, semi - detached and on- street townhouse dwellings as well as accessory buildings. Second dwelling units currently exist throughout the municipality. The most common form is where a detached dwelling in an R2 zone has been converted to two dwelling units. Informally, second dwelling units have been created as in -law suites which become rental units when the parent is no longer living there. Some units have been created when relatives buy a house together and create separate living accommodations in the lower level recreation room and bedrooms sometimes through the existence of a basement level second kitchen. Many times these second units are unnoticed or are unidentified because of no reported complaints. Circulation Comments • Municipal Works Department and Fire Department - No objections to the amendments. • Transportation Services Department No objections to the amendments. Transportation Services supports the requirement of one parking space fora second dwelling unit in addition to the parking requirement for the main dwelling and the prohibition of tandem parking. • Building Department No objections to the amendments. The Building Department notes that a Building Permit would be required to establish a second dwelling unit and a review of the applicable regulations under the Building Code and Fire Code would be conducted at that time. Furthermore, Development Charges would apply in situations where a second dwelling unit has a larger floor area than the main dwelling and where an accessory building is converted to a second dwelling unit. April 9, 2013 • Region of Niagara - 3 - PBD- 2013 -27 - No objections to the proposed amendments. The Region offered three suggestions to help improve the policies and regulations. Consideration should be given to defining second dwelling units to better distinguish them from other similar terms e.g. converted dwelling, accessory use or boarding unit. Clarification should be provided about what is meant by residential and where second dwelling units are to be permitted. Specifically, more clarity should be provided about which residential areas second dwelling units will be permitted based on constraints within the community that would make those areas inappropriate for second dwelling units (e.g. flood -prone areas or areas with inadequate servicing). - Minimum standards for second dwelling units should be provided, particularly, maximum floor areas. Public Consultation Planning staff held stakeholder meetings with the Niagara Home Builders Association and the Niagara Association of Realtors on September 7th and 27th, 2012, respectively. The purpose of these meetings was to receive feedback on preliminary Official Plan policies and Zoning By -law regulations from two stakeholder groups that have an interest in housing and, therefore, have insight to assist with preparing policies and regulations. The Home Builders Association suggested that any zoning regulations for second dwelling units clearly identify what the parking requirements and any other requirements will be. They also advised against regulating the floor area of an accessory building that can be used as a second dwelling unit (a previous draft of the regulations imposed a maximum of 50 percent of the floor area of an accessory building could be used for a second dwelling). The Niagara Association of Realtors advised that they support the proposed Official Plan policies and Zoning By -law regulations. They had general questions about how the zoning regulations would be interpreted. Two separate public open houses were held on October 24th and 25th, 2012 to provide an opportunity for the public to obtain information about the draft Official Plan policies and Zoning By -law regulations. Notice was published in the Niagara Falls Review newspaper on October 13, 2012. No one attended the first open house and only four (4) people attended the second. To try and obtain more feedback from the public, a survey was posted on the City's website for the month of November 2012. The survey was designed to determine what aspects of second dwelling units should be regulated. A total of 24 surveys was completed, of which 17 were in favour of second dwelling units. Planning staff reviewed what other municipalities in Niagara Region have done respecting second dwelling unit policies and regulations. The following chart summarizes those results: April 9, 2013 -4- PBD- 2013 -27 Municipality Second Dwelling Unit Policies Second Dwelling Unit Regulations Minimum Lot Area Requirement for Second Dwelling Unit Parking Requirement for Second Dwelling Unit Maximum Floor Area for Second Dwelling Unit St. Catharines Yes Yes (in draft Zoning By- law) No additional lot area requirement No parking required 60 square metres (645 square feet) or 40% of the principal dwelling, whichever is less Port Colborne No Yes (accessory apartment) 0.4 hectares (1 acre) if on private services 1 additional parking space 40% of the gross floor area of the dwelling Welland Yes No N/A N/A N/A Fort Erie Yes Yes (accessory apartment) No additional lot area requirement None Thorold No No N/A N/A N/A ANALYSIS 1. Provincial Policy The proposed Official Plan policies and Zoning By -law regulations are consistent with the Provincial Policy Statement and conform to the Provincial Growth Plan as follows: second dwelling units will contribute to the mix of housing types and range of housing options for those seeking living accommodations; the proposed Official Plan policies and Zoning By -law regulations will contribute to achieving the density target of 50 people and jobs per hectare (53 people and jobs per hectare municipally); second dwelling units will help achieve transit supportive densities; the proposed policies and regulations promote efficient development standards that will help sustain the City's financial well- being; the proposed policies and regulations direct second dwelling units to the urban area of Niagara Falls, which is considered a settlement area; and • the proposed policies and regulations direct growth in a manner that promotes efficient use of existing sewage and water. April 9, 2013 - 5 - PBD- 2013 -27 2. Official Plan The proposed Official Plan policies and Zoning By -law regulations conform to the City's Official Plan as follows: the Official Plan supports the provision of dwelling units of all types that cater to a wide range of households; • the predominant uses in the Residential designation, where second dwelling units are directed, include other forms of housing beyond one family detached, semi - detached and townhouse dwellings; • all residential development is to be compatible with the surrounding housing mix and density - second dwelling units would utilize existing zone regulations for setbacks and lot coverage, which are considered compatible with the surrounding neighbourhood; • the proposed policies and regulations encourage residential intensification; • the proposed Official Plan policies and Zoning By -law regulations will provide opportunities for choice of housing; and • second dwelling units will provide opportunities for affordable housing. The Region recommends that greater clarity should be provided about which areas of the municipality second dwelling units should be located. Planning staff has added a policy that directs second dwelling units to areas within the urban boundary. The proposed Official Plan policies meet the intent of the Strong Communities through Affordable Housing Act. The policies provide direction for regulating matters such as lot size, lot configuration, parking and amenity areas. They also provide the City the opportunity to apply a holding category to any area of the City should servicing constraints arise at any time. Accordingly, Planning staff considers the proposed amendments to conform to the Official Plan. 3. Zoning By -law Amendment The proposed Zoning By -law regulations will implement the draft Official Plan policies as directed through the Province's mandate of the Strong Communities through Affordable Housing Act. The Province requires that second dwelling units be permitted in one family detached, semi - detached and townhouse dwellings as well as accessory buildings to the aforementioned dwellings. The requirement is to comply by introducing second dwelling units. It is staffs opinion that municipalities have the discretion to determine appropriate regulations for second dwelling units. It should be noted that while the Strong Communities through Affordable Housing Act uses the term row house, Planning staff recommends that in the absence of a definition of a row house in the Act, second dwelling units should be limited to on- street townhouse dwellings. It is simpler to April 9, 2013 - 6 - PBD- 2013 -27 apply the parking requirements to on- street townhouses where each unit has its own driveway than in developments containing grouped dwellings, which may not have individual driveways. The Region recommends that second dwelling units be defined in order to provide a better distinction from other terms (Le. converted dwelling). Planning staff has worded the Zoning By -law regulations so that they use existing defined terms in the Zoning By -law. This avoids having to use the term second dwelling unit. In order to qualify for a second dwelling unit, a dwelling would have to comply with the regulations (setbacks, lot coverage, minimum lot area, minimum lot frontages, etc.) of the zone where the additional unit is proposed. It is staff's opinion that the existing zone regulations provide an appropriate development standard for dwellings containing a second dwelling unit. Where a dwelling is permitted but does not meet one or more of the zone regulations, a Minor Variance would be required in order to allow a second dwelling unit to be created. The Region suggested that there should be a limit to the floor area of a second unit. It is Planning staff's opinion that it is unnecessary to regulate the maximum floor area for a second dwelling unit. The Zoning By -law already regulates the minimum yard dimensions and maximum lot coverage, which will limit how large a dwelling can be. These provisions have a greater effect on the impact to neighbouring properties than the floor area of a second dwelling unit within a dwelling. The legislation allows for second dwelling units in an accessory building (detached garage) of a single- detached, semi - detached and on- street townhouse dwellings where there is no second dwelling unit in the main dwelling. The proposed Zoning By -law regulations accommodate this subject to larger setback requirements for the accessory building. The recommended setback of 1.2 metres (4 feet) is consistent with the interior side yard setback for a one family detached dwelling in an R1 E zone and provides better separation than the 0.45 metre setback for a typical accessory building. In addition, the maximum height requirement for an accessory building that contains a second dwelling unit is proposed to be 8 metres. This provides a greater opportunity to add a second floor to a one storey accessory building without having to obtain a Minor Variance. The proposed Zoning By -law regulations contain a specific provision that requires one parking space for a second dwelling unit, in addition to the required parking for the main dwelling. In addition, Tandem parking is not permitted, which will help avoid the problem of a tenant or owner having to move their vehicle to allow access to or from the property. Based on the above, Planning staff supports the proposed Zoning By -law regulations. FINANCIAL IMPLICATIONS Second dwelling units would be required to obtain a Building Permit. This would result in a change to the property tax assessment and generate additional tax revenue for the City. April 9, 2013 - 7 - CITY'S STRATEGIC COMMITMENT The application supports the economic vitality of the City. LIST OF ATTACHMENTS ► Appendix 1 - . Appendix 2 - Recommended by: Respectfully submitted: D.Deluce:mb Attach. Draft Official Plan Policies Draft Zoning By -law Regulations PBD- 2013 -27 Litu, Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -27, AM- 2012 -014, Housekeeping Amendment - Second Dwelling Units.wpd April 9, 2013 - 8 - PBD- 2013 -27 APPENDIX 1 1.10 Second dwelling units are a rental housing alternative that can meet the financial resources and obligations of the City's residents as well as its changing demographics. Accordingly, second dwelling units may be permitted within single detached, semi - detached and street townhouse dwellings or an associated accessory building and will be implemented through appropriate standards in the Zoning By -law. All second dwelling units shall satisfy any other applicable regulations including, but not limited to, the Ontario Building Code and Ontario Fire Code. 1.10.1 Zoning regulations related to second units in residential zones shall provide for the following: • second dwelling units shall be directed to areas within the urban boundary; • only one dwelling and a second unit shall be permitted on one lot; the lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas for both units; and areas within the City where sanitary servicing may be constrained may be placed in a holding category until such time that it has been demonstrated that the servicing issues have been resolved. 1.10.2 Second units requiring building additions or substantial alterations to the principal dwelling should be designed to maintain the overall character of the principal dwelling. April 9, 2013 - 9 - APPENDIX 2 5.11 Nothing in this By -law shall apply to prevent: PBD- 2013 -27 (a) The use of two dwelling units in a one family detached dwelling, a dwelling unit of a semi - detached dwelling, and a dwelling unit of an on street townhouse dwelling within any R1A, R1 B, R1 C, R1D, R1E, R1 F, R2, R3 and TRM zone, provided the dwelling containing two dwelling units complies with all the regulations for the zone in which it is located and there is no dwelling unit in an accessory building; and (b) The use of a dwelling unit in an accessory building within any R1A, RIB, R1 C, R1D, R1E, R1 F, R2, R3 and TRM zone, provided the one family detached dwelling, dwelling unit of a semi - detached dwelling and dwelling unit of an on street townhouse dwelling contains only one dwelling unit and provided the accessory building containing a dwelling unit provides a minimum interior side yard width of 1.2 metres, a minimum rear yard depth of 1.2 metres, and a maximum height of 8 metres. Parking One Family Detached 1 parking space for each dwelling unit dwelling, Semi - detached dwelling or On Street Townhouse dwelling Corporate Services Department Clerk's Division Inter - Department Memorandum TO: Mayor James M. Diodati & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 NiagaraJnlls DATE: March 26, 2013 RE: Niagara District Airport Commission Vacancy As Council is aware, Ruedi Suter, Niagara Falls Council representative of the Niagara District Airport Commission, has resigned from the Commission, effective at the Commission's Annual General Meeting, tomorrow evening. Council's General Terms of Reference to Advisory Committees states that Council may "choose to not fill the vacancy, go to the runner up list from the beginning of the Council term or accept a recommendation from the advisory committee, or in this case, Commission. The Commission has forwarded a candidate for recommendation: Vittoria Wikston The two remaining candidates on the list from the beginning of the Council tei ui are: Permod Goyal and Dr. Ken Smith. Two other individuals with aviation experience and local connections have also forwarded their interest in sitting on the Commission: John Ventresca and Robert Maclean Dimitrieff. Mr. Ventresca is a Niagara Falls native, who still owns property in the municipality. (Council supported a Committee of Adjustment decision approving a minor variance application on Montrose Road). Mr. Dimitrieff owns Niagara Energy Products on Buttrey Street in Niagara Falls. Council has the following options: ✓ Make a motion approving the NDAC's recommended candidate. ✓ Make a motion approving any of the other candidates. ✓ Have a vote, considering all 5 candidates, in which case, staff will have the appropriate ballots prepared. ✓ Keep the position vacant, though staff sees no rationale for doing so, considering the qualified and interested candidates. Working Together to Serve Our Community DISTRICT IAGARA AIRPORT gateway to the peninsula March 18, 2013 To: Mayor Diodati and Members of Council of the City of Niagara Falls Recommendation to fill vacancy on Niagara District Airport Commission Dear Mayor Diodati and Members of Council It is my great honour to announce that our fellow colleague Janice Wing has been elected Chair of the Airport Commission, taking office after our Annual General Meeting on March 27, 2013. I am equally as excited to report that the Airport Commission unanimously recommends that Vittoria Wikston be appointed to fill the vacancy after my departure on March 27tH Ms. Wikston has already become involved in the development of our future passenger services. As Director Business Development of Niagara Falls Tourism she introduced Airport Manager Len O'Connor and me to Porter Airlines last summer. Building a strong business relationship with the conference and convention planners as well as the attractions and accommodations sector will be crucial to the success of the airport as a tourism link. As the outgoing representative for Niagara Falls, I would feel very comfortable knowing that Vittoria Wikston is following in my footsteps. I could not imagine a better choice to represent the interest of Niagara Falls. On behalf of the Airport Commission I like to ask Council to appoint Ms. Vittoria Wikston for the remainder of the term ending in 2014. Sincerely, Ruedi Suter, Chair Niagara District Airport Commission Attached: - Minutes of the March 6, 2013 NDAC Meeting - CV Vittoria Wikston Niagara District Airport Commission Minutes of Special Meeting March 6, 2013 10:00 a.m. Present: Ruedi Suter, Chairman Bob White, Treasurer Janice Wing Terry Flynn Rich Lancaster Ernie Amadio Henry Zwolak Gary Murphy Regrets: Peter Secord Staff: Len O'Connor, Airport Manager Patti Gamble, Airport Administrator Auditor: Bruce Binch, Bridgman and Durksen Call to Order — 10:07 a.m. 1. Financials 8, Auditor's Report The 2012 Audited Financial Statements were presented by Bruce Binch, Bridgman and Durksen. A document entitled "Treasurer's Report for 2012" will be included in the Financial Statements and was presented by Treasurer Bob White. The report contains highlights from and changes to the 2012 Financial Statements. The Airport's revenue over expenses from operation was $45,585 for 2012 which is up from $35,578 in 2011. The Commission adopted the Canadian Public Sector Accounting Standards for not - for - profit organizations and this resulted in the requirement to restate the previous year's figures and adjust them to the new standards. With the new standards, the Commission is reporting the tangible capital assets on the Statement of Financial Position and also amortizing tangible capital assets annually and reporting deferred capital contributions taking into income the appropriate annual amount. The 2014 budget will show projected capital contributions and amortization. Moved by Bob White, seconded by Henry Zwolak to approve the 2012 audited Financial Statements prepared and presented by Bridgman and Durksen. Carried unanimously. G130306S 1 Action Item: The administrator will email the 2012 Financial Statements to the Treasurers of the funding municipalities and to the Airport Liaison Committee. Action Item: The administrator will post the 2012 Financial Statements the NDAC web site. 2. Election of Officers The following nominations were received at the NDAC meeting held on February 21, 2013. Chairperson - Vice-Chairman — Secretary - Treasurer - Janice Wing Bob White Gary Murphy Terry Flynn The chairman called three times for nominations from the floor and none were forthcoming. Moved by Henry Zwolak, seconded by Rich Lancaster to close the nominations and accept the slate of officers as acclaimed. The term of office for the officers will commence immediately after the Annual General Meeting on March 27, 2013. 3. Recommendation to Niagara Fa[Is "Council re Vacancy on Commission The terms of reference of the City of [Niagara Falls with regards to filling vacancies on boards and commissions is to: a) not fill the vacancy; or b) go to the runner -up from the previous selection: or c) to accept a recommendation from the advisory committee (Commission) Moved by Janice Wing, seconded by Ernie Amadio that the Niagara District Airport Commission recommend that Vittoria Wikston be appointed to fill the impending vacancy. Carried unanimously. Moved by Bob White, seconded by Rich Lancaster to adjourn at 11:50 a.m. Prepared by: Patti Gamble G130306S 2 Vittoria A. Wikston, CMP 6489 Glengate Street Niagara Falls, Ontario L2E 5S8 Home Office 1 905.358.1870 Email 1 victoria @IuvVITTsolutions.com Quick facts... ✓ Endless Creativity (the lady with all the ideas) ✓ Extensive Events Management experience ✓ Talented & Skilled in Product, Program, and Promotional Campaign Development ✓ Logistics trouble- shooter and specialist at policy & procedure implementation ✓ Extensive & solid background in sales and product knowledge ✓ Excellent supervisory and training skills and experience ✓ Extensive knowledge on contractual agreements / liabilities / litigation EMPLOYMENT HISTORY Niagara Falls Tourism 1 Niagara Falls, ON January 2012- Current Director 1 Business Development • Business Development 1 Economic Impact & Profitability for the Niagara Destination • Sales & Marketing Initiatives & Logistics LuvVITT Solutions & RedchafrTM Branding 1 Burlington, ON Partner 1 RedENERGY Sales / Marketing Division • Business Development & Profitability Analysis • Creation I Marketing & Branding Client Campaigns • Consulting 1 Sales, Marketing and Logistics • Experiential Training • Special Event Planning & Management September 2008 — December 2011 Niagara College of Applied Arts & Technology Certified instructor 1 Hotel, Tourism & Hospitality Program • Events Management Program — Graduate Certificate Program • Events Marketing — Post Graduate Certificate Program • Sponsorship & Fundraising — Post Graduate Certificate Program • Food & Beverage Marketing — Graduate Certificate Program • Hospitality Supervision — Graduate Certificate Program Winter 2005 — Winter 2011 White Oaks Resort & Spa 1 Niagara on the Lake, ON Vice President !Sales & Marketing February 2003 — August 2008 • Development & Execution of Annual Sales & Marketing Plan for primary revenue generation departments • Coaching, Supervision, and Leadership guidance for all Sales Managers and Representatives • Responsible for all marketing mediums 1 WO Magazine, Advertising, Website, Touch -point marketing • Implementation policies & procedures for a systematic & successful operation • Managed due diligence requirements for all contractual agreements Accomplishments: • Successful in achieving overall company revenue growth & profitability averaging 3 -5% in continual annual growth. Director 1 Sales & Marketing • Personal Sales surpassing $2.8 Million with annual growth of 2 -3% • Development of new Market Segments & Territories • Management of Corporate & Group Sales Team May 1996 — February 2003 CERTIFICATIONS AND ASSOCIATIONS Niagara Sports Commission 1 Tourism & Marketing Committee • 2012 — Current Tourism Partnership of Niagara Communication & Engagement Committee Meetings & Conventions Committee • 2012 — Current Niagara College Advisory Committee i Bachelor of Applied Business — Hospitality • 2006 — 2011 Board of Directors 1 Niagara College Foundation • 2008 — 2011 • 2010 & 2011 — Event Chair, Seafood Gala Ontario College's Premier's Business Award 1 Niagara College • 2008 Certified Meeting Professional (CMP) 1 Convention Industry Council • experience and professional development in the meetings, special events industry o Initial Certification —July 1999 International Association of Conference Centers (IACC) Board Director ( Canadian Representative • January 2005 — December 2007 rviernberShip & Marketing Committee 1 Co -Chair • June 1998 — January 2008 )� EDUCATION: Niagara College 1 Niagara Falls, ON • Certificate program — 1984 -1986 • Hospitality Management — Hotel & Restaurant SPECIAL INTERESTS: Extreme Mountain Trekker • Machu Picchu Inca Trail, Peru —July 2010 • Mount Everest Base Camp 1 Himalayan Mountains, Nepal —May 2007 • Pikes Peak Colorado, USA —June 2005 • Mount Kilimanjaro l Tanzania, Africa — February 2003 Spinning Instructor • Johnny G Certification — Level 2 GoodLife Fitness Soccer • Competitive Player) Niagara Region, Southern Ontario o 2003 Southern Ontario Championship o 2007 - 2012 Recreational Masters Champions John Ventresca 2443 Whitehorn Drive Burlington, Ontario L7L 7N1 Res: 905- 332 -1512 Cel: 905 -869 -2359 flyniagara@yahoo , ca SUMMARY OF QUALIFICATIONS • 14 years directing / managing system airline operations control • 12 years managing station / airport operations • Emergency Response / Dangerous Goods Management • Licensed Pilot • Licensed Flight Dispatcher • Community College Professor • Project Management Flight Operations RELEVANT SKILLS AND EXPERIENCE centre • Provide daily administrative, functional and technical direction of airport operations at Toronto Pearson International Airport. • Provide day to day administrative, functional and technical direction of the integrated operations control centre at Toronto Pearson International Airport. • Provide guidance and leadership to Airport Operations Staff • Professor at Seneca College of Applied Arts and Technology. Facilitate aviation students on Airline Operations, Airport Operations, Flight Dispatch, Flight Planning and Weather. • Development and implementation of standard operating procedures to ensure safe operations and compliance with Canadian Aviation Regulations and Standards. • Prepared operating and capital expenditure budgets relative to the Airport / Operations Control Centre. • Prepare and maintain operational contingency plans so that irregular operations and diversions can be managed safely and expeditiously. • Managed and initiated Emergency Response Programs. • Managed and initiated Dangerous Goods Programs. • Lead a successful fuel efficiency project emphasizing on Flight Dispatch / Operations Control Procedures. • Owned and operated a Sightseeing Air Tour Operator. EDUCATION John Ventresca • Ontario Management Development, Sheridan College, Toronto, Ontario • Flight Dispatcher Program, York University, Toronto, Ontario • Air Carrier Management and Operations, Georgian College, Barrie, Ontario • Dale Carnegie, Achieve Global • Pilot License WORK HISTORY • Greater Toronto Airports Authority • Seneca College • Air Canada Jazz • Ornge Air • Skyservice Airlines • Canada 3000 Airlines • Canadian Airlines INTERESTS 2012 - Present 2012 - Present 2010 -2011 2010 -2011 2001 - 2010 1993 - 2001 1991 - 1993 • Outdoors, Camping, Fishing, • Flying • Finance ROBERT MACLEAN DIMITRIEFF 14719 Niagara River Pkwy, Niagara -on- the -Lake, ON LOS 110 1 416 - 871 -9508 1 rdimitrieff.mba2008 @ivev.ca Robert Dimitrieff is a well rounded individual with a significant amount of breadth and depth of experiences in many areas of work and life. He is collaborative in his approach to problem solving and looks for the opportunity for mutual success with all parties he deals with; yet he understands the resolve required when compromise is not a realistic option. Robert currently runs the Niagara Energy Products business unit of the Patriot Group of Companies, and is eager to become more involved in the community he now calls home. EDUCATION McMaster University Certificate of Iron & Steel Metallurgy (completion April Z013) The science and Engineering principals of Iron & Steel Production and its use in industry Richard Ivey School of Business, University of Western Ontario, London ON MBA 2008 Areas of elective study: Negotiations, Value Investing The Nova Scotia College of Art and Design (NSCAD University) BFA, Fine Arts 2003 Area of concentration: Sculpture Minor Graphic Design Ten Month NSCAD Foreign Exchange to the University of Canterbury, Christchurch New Zealand (2001) CAREER EXPERIENCE Niagara Energy Products Corp. (Niagara Falls, ON) President, General Manager Providing leadership and managing corporate cultural change in a high specialized $25M company operating in a niece industry. Positioning the company for technological changes and preparing for the inevitable increase in competitive threats. Niagara Energy Products Corp. (Niagara Falls, ON) Vice- President, General Manager Maintaining a primary supplier position in the very tightly regulated industry of Nuclear qualified manufacturing — in charge of a company producing 520+ Million in sales per annum, 37 Employees. Reporting directly to Chairman. Patriot Special Metals, Inc. (North Jackson, 01-1) Project Manager Successfully oversaw all commercial aspects and financial risk management required to bring a green -field $80 Million USD capital project to the commissioning phase, for transition to production, reported directly to CEO. Patriot Forge Co. (Bay City Division, Erie PA) Plant Manager Improved monthly revenue by more than 50% to over $1 Million USD through increasing flexibility of human resources, and operational streamlining, which included amending the CBA with the Local Steel Workers of America in formal negotiations. Reported to VP Operations Patriot Forge Co. Patriot Forge Co. (Corporate Head Quarters, Brantford ON) Asst. Plant Manager Acted at the PM's expeditor and /32, improving on time delivery and customer satisfaction while learning much of the business operation from a "hands on" approach. Present 2010.2013 2008 -2010 2005 -2007 2003 -2004 OTHER RELEVANT EXPERIENCE Board of Governors for NSCAD University (Halifax, NS) Executive Committee Member April 2011 — Present As a member -at -large with individual experience and perspective, provide direction to the management of the university, strategic planning, fund raising, alumni relations, provincial government and labour negotiations. Young Professionals of Stark County, Stark Co. 011 (Canton, 011) Education Committee Member August 2008 —July 2010 Provided guidance and perspective to undergraduate students regarding preparation to enter the work force, and acted as an ambassador for the YStark initiatives in the community. Canadian Association of Family Enterprise (Cafe) PAG June 2005 — Present Family Business confidential Personal Advisory Group Meet with experienced executive managers and business owners monthly for sharing of ideas, advice, and perspective. Private Pilot License (PPL) since 2005, total time --550 hours July 2005 — Present Instrument Flight Rating (IFR) 2009, Multi- Engine Rating (Multi) 2012 Aviation is his greatest passion, he continues to learn about himself, and systems management though this topic. Royal Canadian Artillery (Active Reservist), Toronto ON, Halifax NS, Gagetown NB Non - Commissioned Member Operated well under stressful circumstances involving teamwork, leadership, and perseverance. Promoted to the rank of Bombardier (Corporal) and was tasked with many duties including all positions on a 105MM Gun Crew. January 1997 - December 2000 Niagara]- i>rlls - See Reverse Side for List of Committees & Contacts - 2011 - 2014 Application for Citizen Appointments to Boards, Commissions and Committees (NAME OF BOARD / C U YIAi MISSION / COMMITTEE) APPLICATION INFORMATLON Name: r_ 6L� L c_ RM Street Address: -m ail: ?Ec Postal Code: La it Home Phone: Cell Phone: (optional) Age t8+ Resident of Niagara Falls YES NO Please return this application form to the attention of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 or e-mail: bmatson @niagarafalls.ca Applicants must be residents of the City of Niagara Falls, Personal information on this form is collected under the authority of the Municipal Act, S.O.2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. Did you attend the committee open house in 2011? Yes QUESTIONNAIRE Have you been on a City Council appointed committee or board in the past ?: Yes No G'" Briefly describe your recent volunteer experience: ----�6 - -cam. / .�c.4 -1 t �7 L-V' k -�\ �Q 'x/11 r . 1 / , n_ \;'6 "�' .Lc,q) :� t yJ L C' C( t` '�it 1' V `- L�.GL L 'y� i 1 Briefly describe additional skills or experience relevant to this appointment. 1' ' "- ` - ` j '-1' .. t \, Q. i., t ,y Cc- -uv ' %\I\.' "/"- A C--Z('''' L 15 Ui -X -'' - 7-- ;° (-- '... J (1(2V-ill- - I )2 C-E--1 \i(_6P I hereby ..=- =`'consent / : , do not co sent to the release of my` address and telephone number(s). This information Commissions and Comrr fftees whi • s used y the Clerk's Division Staff a- Applicant's signat re A ,(I of � Date: 1 . f will be included in the list of Boards, and released to the public . - -1 c 0 ( 1 Please return this application form to the attention of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 or e-mail: bmatson @niagarafalls.ca Applicants must be residents of the City of Niagara Falls, Personal information on this form is collected under the authority of the Municipal Act, S.O.2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. See Reverse Side C rn t Contacts - 2011 - 2014 Application for Citizen Appointments to Boards, Commissions and Committees (NAME OF BOARD / COMMISSION / COMMITTEE) APPLICATION INFORMATION Name: (2 I���,v rYl Cr (-I Street Address: 7A0DISvN Home Phone: QUESTIONNAIRE e -mail: K; t S� f lk 9 2 0 Postal Code: Cell Phone: (optional) Age 18+ Resident of Niagara Fails YES NO Did you attend the committee open house in 2011? Yes Have you been on a City Council appointed committee or board in the past ?: Yes No Briefly describe your recent volunteer experience: jjlj' 1, i ja J 4- ( m rwr �F;Z y icut 2■t() ( \• 4 r (24 r \:)'-1c G ,s I`-ci il$ /'i �7 Vi J,2`i "f'li?> ,r Briefly describe additional skills or experience relevant to this appointment. 4 11 z 744. ,7 rGY,rn/.0 • hereby consent / do not consent, to the release of my address and telephone number(s). This information will be included in the list of Boards. Commissions and Committees which is used by the Clerk's Division Staff and released to the public. Applicant's signature: Please return this application form to the attention of: City Clerk - City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 Fax: (905) 356 -9083 or e-mail: bmat.:on(11niagarafalls.ca Date: S iti R p fl t L 2_ o () Applicants must be residents of the City of Niagara Falls. Personal information on this form is collected under the authority of the Municipal Act, S.O.2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the City of Niagara Falls Boards, Commissions & Committees. JAMES DETENNBECK 13089 Niagara Parkway, Niagara Falls. Ont. L2E 6S6 I (905)348 -6776 jamesdetenbeck @hotmail.com Sunday, March 24, 2013 Niagara Falls City Council C/O City of Niagara Falls Clerk Dear Niagara Falls City Council: Ir has come to my attention that you will be selecting a new representative to sit at the Niagara District Airport's Commission. I have included my resume, as I would like to be considered for the position. I have had extensive experience with corporate governance, with roles spanning over 12 years in both the private and public sectors. I am the current Chairman of Niagara Power, and hold Directorship roles within the organizations subsidiaries. I am also a Commissioner with the Niagara Parks Commission, appointed in August of 2012. The role of Commissioner with the Airport has great interest to me as i have not only been a pilot for over 20 years, I am also a commercial pilot with a vested interest in seeing the Airport thrive, grow and compete in the provincial market of aviation. My professional experience spans over zo years, with projects done in over 35 countries worldwide, two Canadian start -up software ventures and roles with some of the largest companies in Canada. Rounding out my experience with the Utility sector, my role as Chairman of Niagara Power has given critical experience in reporting and representing the needs of both the corporation and the City. It has given me the experience in stewardship and transparency that I believe can benefit the City of Niagara Falls. Sincerely and Respectfully submitted, Es DE-E Ee'z 'v'CLOSURES RESUME - fAMES DETENBECK zor3.PDI' James Detenbeck, B. Sc. Citizenship : Canadian Contact Tel : +1- 905 - 348 -6776 { e -mail : jamesdetenbeck @hotmail.com Address 13089 Niagara Parkway. Niagara Falls, ON. L2E 6S6 Profile A proven leader with 20 years experience managing and delivering solutions for tier one communications, government and private sector businesses. Key Skills • Start -up business management • Building infrastructure and process for new organizations • Project Management, budgeting, and reporting • Corporate Governance • Corporate Recovery and Turnaround Certifications • Canadian Commercial — Aeroplane o Group 1 - IFR o Mufti-Engine endorsement • Glider endorsement o US Private Airmen certificate o Piggio P180 Type Rating • PADI Divemaster • Rescue Diver • Equipment Specialist • Advanced Nitrox Corporate Governance Niagara Parks Commission Niagara Power Incorporated Grimsby Power Incorporated Grimsby Energy Incorporated Mobile Buyer Incorporated Appointed in August 2012 Appointed in 2001, appointed Chairman 2004, and appointed chair 2009 Appointed in 2001 Founded company and Appointed Chairman 2008 Founded company, appointed Chairman and CEO in 2007 Employment History _— — Grimsby Energy Inc Chairman and Project Director 2008 - Present • Developed the initial business case and engineering designs for Canada's first Municipally owned Bio- reaction based generation project of 1 MW • Established strategic partnerships with the University of Guelph, Ontario Power Authority and Local Utilities • Provided vendor assessment and selection • Provided 10 year business model and business case • Developed community relationship through media and public sessions Royal Jasper Resources 2011 - Present Corporate Pilot • Provide pilot services operating a range of aircraft including • Diamond Aircraft (DA40) o Cessna 421C o Piaggio Avanti II Turboprop aircraft • Provide systems and technical support for aircraft maintenance crew MobileBuyer Inc Founder and CEO 2007 — 2008 • Founded and developed a new mobile service enabling common real estate signs to be SMS "talking" signs • Established Venture Capital relationships, and secured funding for first phase development and initial product roll -out • Established a unique off -shore development process maintaining all intellectual capital in North America while providing skilled development from the Ukraine • Launched initial product and service offering in November of 2007 • Product is still under marketing and sales initiatives under direct management of the Board of Directors QuickPlay Media Vice President of Engineering Inc • Initial investor in QuickPlay. 2004 - 2007 • Responsible for the creation of all new processes and organization for the start- up company. • Grew the company's business from 500, 000 CDN to over 14 Million in annual revenue in the first two years of operation, increasing the value of the company to over 20 Million USD. • Responsible for all production operations of the company for over 10 Tier 1 Telecommunications companies across North America • Instrumental in the closure of many sales opportunities, ranging from Sprint and ESPN to Bell Canada and Verizon. • Established all new corporate policies for QuickPlay's staff including: Security, Harassment, Workplace safety and more. • * Grew the development team from nothing to over 50 Staff in the first year of operation. CIBC Sr. Director, Software Development Retail Branch Technology 2003 - 2004 • Responsible for the development and delivery of CIBC's banking front end applications for all branches • Built and provided processes for over 110 development resources. delivering 8 major releases to production annually (over 1.5 Million lines of code each release) using Native Java • Responsible for establishing and delivery of capital and operational budgets in excess of 10 Million CDN Defined the customer supplier model for Retail Branch Technology, and the introduction of the Rational Unified Process into this model • Expanded team in 2004 to include a second product line with 10 incremental staff, servicing all lines of business Amdocs 2000 — 2003 Director, Product Development • Assigned a 7.5 Million dollar research budget to deliver the next generation Mediation product utilizing J2EE and Oracle Enterprise Edition. • Lead the team to receive requirements and input from global sources. • Defined the vision and path for developing the product. • Established product with a 30 % custom code mandate, maintaining a 70 % core library (unchanging code) • Established connections with Amdocs' departments to provide internal sales of the product for use at customer sites. • Managed 5 departments including Tools & Automation, Quality Assurance, Software Integration, Operational Readiness Testing, and Advanced Engineering • Responsible for re- engineering the Quality Assurance of Amdocs' Toronto division, reducing the QA cycle from 12 weeks to 5 weeks. • * Implemented critical automation tools to increase development efficiencies, and accuracy of developed code Solect Technology Director Advanced Engineering Services & Information Technology Group 1998 - 2000 1995 - 2000 • Awarded a joint role to provide leadership and to establish strong procedures in the two departments. • Responsible for all applied and unapplied research into new telecommunication technology. • Led the development of advanced deployment tools to assist in Solect's professional service activities. • Provided annual departmental plans, goals, and weekly tracking of the plan to the Chief Operating Officer. • Assigned in Feb 2000 as Executive sponsor to lead the post - acquisition technology integration with Amdocs. • Led Tactical recovery of troubled clients, and strategic projects beyond the capabilities of professional services. Clients included: Telepac Portugal GTE Internetworking SNET DSL TeleMex Prodigy MediaOne MediaOne Connect Sprint Site Manager and Chief Architect (British Telecom. Felixstowe, UK) 1998 Managed the delivery of a 7.5 M pound sterling infrastructure project (18.75M CDN). Operate as site staff manager with 17 direct reports, and over 230 total multi - vendor staff. • Assigned as part of the BT Fusion project. • Responsible for the architecture design and interface specifications of all system components for the Fusion project. • Define the standards, policies, and procedures for the documentation of the world's largest hosted ISP. • Managed the liaison with BT's legal staff to establish compliance with over 4000 individual project requirements • Implemented and managed the first deployment of Netscape Suite Spot s virtual hosting edition • Established the platform for all of BT's future e- Business solutions • Implemented 7 9's fault tolerance in the platform, or virtually 0 minutes of unplanned downtime, platform has run for 5 years adhering to this standard. Manager, Deployment Services, Professional Services 1996 -1998 • Assigned to build the consulting and software deployment services for Solect PS. • Responsible for developing sales channels and supporting the sales force with technical responses. • Developed vendor relationships with organizations such as Nokia, Cisco, and Sun. • Established training and mentoring programs, and Human Resource standards for the new department • Delivered Customer care and billing projects integrating technologies such as: Cisco VoIP platform Ericsson Unified Messaging Alcatel Streaming Media Platform Multi- Vendor AAA solutions Location Based Wireless Services Business -To- Business Nokia Mobile IP Software.com (Openwave) Messaging American Internet Access Manager • Defined the Broadband practice for Solect, building the practice for integrating Cable Infrastructure with emergent IP infrastructures. • Established the first fully automated Cable Provisioning system for Suburban Cable. Monenco Agra Systems Group 1992 — 1995 field staff to training and career advancement practices. • Operated a Global Pre -Sales practice with 10 dedicated remote pre -sales engineers supporting the sales of Solect's products and services. Senior Systems Engineer 1995 • Architected internet service platforms for over 20 global telecommunications companies of note are: Ameritech Southern New England Telephone Alcatel — France Telstra Australia Telcel Venezuela Bell Canada AT &T Worldnet Oman PTT SBC Orange UK • Provided custom applications to clients developed in C and C + +. • Deployed over 20 client installations of Solect's IAF customer care and billing software, project sizes varying from 1 — 10 Million USD. • Delivered systems security audits to several Canadian based insurance and securities companies. • Provided Professional Services to Ontario businesses on behalf of Sun Microsystems of • Canada — Sun Start Program • Coordinated 25 Field engineers in support of the Sun Start Program • Developed an Expert level of Internet Architecture, and layered application design utilizing: PIX firewalls Solaris 2.x Checkpoint Firewalls BGP routing L2F /L2TP Sendmail BIND ACE Security Senior Systems Consultant • Successfully bid and implemented the Ontario Investment Service project for the Ministry of Economic Development, Trade, and Tourism — a 10 Million dollar project. This project provided the tools for MEDT to stimulate global investment in Ontario. The project won numerous international awards for innovation, architecture, and overall excellence. • Implemented Turnkey facility build -outs to the Ministry of Economic Development and Trade. • Developed custom software for the Ministry of Northern Development and Mines for the conversion of their paper processes to a user facing software tool called ERLIS. • Lead a team of over 70 engineers to deliver ERLIS • Acted as chief architect for the Online Bidding System, a tool used by vendors of federal government projects to receive bid in formation. The Online Bidding System project exceeded 5 Million CDN, and 60 staff. • Provided development of custom Hardware Drivers for NKK optical platter jukeboxes. Ministry of Education 1989 — 1992 Systems Consultant • Responsible for the planning and implementation of the Brock University's first computer store; • Successfully drove sales to 1 Million in first year • Established long term vendor relationships on the University's behalf • Responsible for the evaluation and recommendation of vendors and applications to departments. • Designed and implemented IP networks for various departments. • Provided systems consulting on Silicon Graphics workstations (System V), Appletalk, and Banyan Vines Networks • * Provided custom database applications using Oracle SQL *forms Education & Publications 1988 to 1991 1991 to 1993 Dec 1993 Feb 1996 Jun 1999 Feb 1999 Apr 2001 Nov 2002 Feb 2004 University of Western Ontario - B. Sc. Science Physics Brock University - B. Sc. Computer Science DECUS Scope, "Means to and End ", Deploying Internet Applications. J.Detenbeck Solaris Administration Interview Techniques Introduction to the Rational Unified Process Canadian Management Centre — Developing Business Plans Corporate Governance — Borden, Ladner, Gervais IBM Six sigma — Process Engineering Key Technical Skills Development Java 2, C, C + +, Pascal, Modula -2, ADA, HTML, Visual C ++ Languages Application BEA Weblogic Platforms Operating Systems Solaris (Expert), HP -UX, Digital UNIX, Irix 11, Cisco IOS, Windows XP, 2000AS Enterprise Sun, HP, 3COM, Com21, Cisco (various products) Platforms Enterprise Tools Solstice Disk Suite, Veritas for Oracle, Openview, Visual C + +, Sun One EE Proficient in IP billing, rating, service provisioning, mediation, PL/SQL, SQL +, TCP /IP, routing, EMC Storage, Network Appliance Filer, Netscape Directory Server (LDAP), SMTP, RADIUS (AAA), DNS, DHCP, Netscape Messaging Server, ACE Security Server, SecurelD, PPTP, Cable head end infrastructure(DOCSIS, HFC), Citrix, Cisco NetFlow, Microsoft Office, Visio, MS Project, Niku. Languages English (native) French(basic understandin.) Clerk's Office City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON, L2E 6X5 27 March 2013 Attention: Mayor and Members of Council Re: Item 1, Communications and Comments of the City Clerk Niagara District Airport Commission - Council to consider filling the vacancy on the Commission Dear Mayor Diodati and Members of Council; I was unaware until yesterday that council would be considering an appointment to the Niagara District Airport Commission. I wish to be considered for such an appointment. If there is a process in place, I will comply as best I can at this late date but, if council institutes a selection process, I ask that I be advised of the requirements and related events. I will be happy to submit a formal application and resume, but given the lack of time since I became aware of this item, I have simply listed below an outline of my qualifications and experience which may be of interest to Council: • Commercial Pilot's License (with seaplane endorsement) • School Trustee, Scarborough Board of Education, 1974 -1985 • Citizen Member, Scarborough Board of Health, 1976 -1978 • Juris Doctor degree (JD) from Osgoode Hall Law School (1980) • Practiced Aviation Law, 1980 -1984 in Toronto (Toomath and Associates) • Airport Manager, Manitoulin East Municipal Airport (MEMA), 1988 -1990 • Air show pilot at various Air -Shows in Ontario, 1972 -1978 (Including St. Catharines) • Recently retired from after 22 years with the Federal Public Service (Immigration & Refugee Board) I will provide a full resume and references as required throughout your consideration. Thank you. Yours truly, Bert Dandy 5267 Stamford Street Niagara Falls, Ontario L2E 1 N2 289 -296 -6569 The Niesara Falls IV,inicip ! Heritzge Committee c/o Peggy Boyle, Planning Division, City Hall 4310 Queen St nil 0 c Ili 3a_ 'r' 3 ON L2E 6X5 To: Mayor Jim J _,.; Cllr. Wayne Gates Cllr. Carolynn loannoni Cllr. Vince A. Kerrio Re: Battlefield School Property CliU- . Bart Mayes Cllr. Joyce Morocco Cllr. Victor Pietrangelo Cllr. Wayne Thomson Clir. janice Wing As members of the Niagara Falls Municipal Heritage Committee, as well as citizens and taxpayers of Niagara Fails, we feel compelled to Voice our concerns over Council's recent decision regarding the ceverin_g and re- zoning of the I i ind y'c I an. Rattlafielr4 property We are all acutely aware of the nressures the City is under to make financially sound decisions, Sometimes in life seemingly logical short term choices may not be the best in the long term. This we feel was one of those times. As a whole the Municipal Heritage Committee has a very difficult time accepting the Council's decision, to abandon the City's own Master Plan for the battleground and, to pc, of the iiey }i:ci:zS of r alternate available Government and private funding (other than the 1812 funding) was ignored as was our research and recommendations regarding proper protection of this already designated National Historic Site. This is not an issue of balanced budgets or good land use planning or "win -win situations ". i his is a once _r i , In two, n:.: ;'�:�. :.0 year if; t:; .;.u.::ty to assemble and protect ...�: ir; cur most important tint vul.c:;..:; Heritage. ;L.: Landscapes. as per the Ontario Heritage Act. and continue toward completion of your own Battlefield Master Plan, not just for the anniversary of the Battle, but for all time. We feel it is our duty as stewards of Niagara's history to speak up and defend it. The removal of this parcel of land makes the possibility of creating a heritage park less viable and diminishes the historical value, ^ , well as the valuable tourism, potential, of this d esisnatli site. ThThe r. _n 2t of the _r ti _ parcel of land with nc severonc` prcv,des the pot_nt a! for err e �. __�: . -_::i' - .:�_ - p parcel of land .. - � very important tourist attraction for the City of Niagara Falls, as well as offering a unique Tourism Marketing advantage for the local BIAs as well as the Museum. This long term benefit was obviously recognised by some members of Council, but sadly not all. Contd. he written nistory and testimonials of tnose who came forward to address Council as well as the City's _.... - r' -- 1.,3 - r�`__'� ,..- �-- of the 171 3.+_ imp "+.-.t if not _. --1_ �, b,*t!eQ nrl f the w, _ 'r of 1812 -14. Its position in Niagara. Ontario, Canadian and North American history should be revered and protected. The members of the Municipal Heritage Committee feel City Council was, on this matter, badly advised uy the City witn respect to some or the information it was provided. i ne tact that the recommendation, _ c _.1 , t -d-si onote thn p r-r-� � only after Park was _c +abll °hF!rI r-infprcn these misgivings that the concepts of powers and permissions. available to Council within the Ontario Heritage Act, appear not to be properly understood by Council before they make their decisions. Once again, the Committee as a whole is very disappointed in your decision. Yours respectfully, pjp i ne Niagara hails Municipal Heritage Committee �.1 �d1� Laui Cl Cdnilpbel! Burke �.v -ala : i �oiy uul ` John Garrett Margaret Mingle Navin Shahani Corporate Services Department Clerk's Division Inter - Department Memorandum TO: Mayor James M. Diodati & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 Niagaraaalls C A N :A D DATE: April 9, 2013 RE: Municipal Heritage CommitteeVacancy The General terms of Reference for Advisory Committees adopted by Council states the following: 4. Any committee member missing three (3) consecutive meetings without reasonable cause or explanation will be deemed to have resigned from the advisory committee. 5. Filling of vacancies for the committee will be considered by City Council. 6. City Council may choose to not fill the vacancy, go to the runner up list from the beginning of the Council term or accept a recommendation from the advisory committee. Committee member. Kaitlin Cain has missed three consecutive meetings. Her position is vacated. The Committee recommends that Kim Cody fill the vacancy. Ms. Cody has been on MHC in the past and is well suited to fill the vacancy. The runners -up from the beginning of Council term are: Tony Caruso, Dean Tedesco, who no longer has a business in Niagara Falls and may not reside here, and Jeanette Tossounian, who is currently incarcerated. Staff would suggest appointing the Committee's preferred candidate. Of course, Council can keep the position vacant, though staff sees no rationale for doing so, considering the qualified and interested candidate. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development Dean Iorfida From: Peggy Boyle Sent: Tuesday, April 02, 2013 1:51 PM To: Dean Iorfida Subject: FW: Municipal Heritage Committee Hi Dean, Just to advise that Kym Cody has agreed (see the emails below) to fill the balance of Kaitlin Cain's term on the Municipal Heritage Committee and the Municipal Heritage Committee has recommended her to fill the seat previously held by Kaitlin Cain. Please let me know if you need something further from me. Thanks Peggy From: Kym Cody [mailto:sew_diff @ hotmail.com] Sent: Friday, March 29, 2013 11:17 AM To: Peggy Boyle Subject: RE: Municipal Heritage Committee Hi Peggy Filling in the rest of the term is fine. If you would like to go over things with me that would be fine as well. I am not scheduled to work on Tues and Thurs. I could possibly meet with you 23rd of April? From: pboyle @niagarafalls.ca To: sew_diff @hotmail.com CC: a.butler4©gmail.com; cain.kaitlin @gmail.com; gbburke @sympatico.ca; j.garrett©sympatico.ca; laurellynncampbell @cogeco.ca; leni @fppi.ca; Mingle.Margaret©hotmail.com; nshahani©gmail.com Subject: Municipal Heritage Committee Date: Thu, 28 Mar 2013 14:23:18 +0000 Hi Kym, Thanks for keeping me up to date with your proposed designated property grant application. The Committee met last night and as the member who has not been attending, did not attend, the Committee made a motion to recommend to Council that you be named to replace her for the remainder of her term, which runs the same as the Council term — which will end October 2014. Please let me know as soon as possible if you have changed your mind and are not interested in sitting on the Committee. Our next meeting is on Wednesday, April 24, 2013 at 4:30 pm in Committee Room 1 (next to Council chambers) I will have some material to provide you with — so if you would like to meet, maybe it would be easier to go over what the committee is doing and if you have any questions? Let me know, Thanks for volunteering your time, Peggy Magarafalis www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that 1 From: Daniel Rodrique [mailto :daniel.rodrique @sympatico.ca] Sent: Wednesday, March 20, 2013 2:33 PM To: Jim Diodati Subject: A Veterans' Request Jim, As part of our promotional campaign that will be underway soon I was hoping that the City of Niagara Falls Might be interested in assisting the project it getting a little extra exposure via the City's Web Site. There are a number of other sites that are currently displaying this link to the project's video portfolio and I was hoping the City of Niagara Falls may join their ranks. Below you will find a suggested caption and the link. Of course any picture you may want of our troops are available as well. The City of Niagara Falls and its City Council supports our troops who so proudly serve this great nation. In keeping with that spirit we proudly ofter this Zink to the national documentary series, "The Veterans" produced by Niagara Falls native Daniel R. Rodrique. You may view the series using the direct Zink below. http: / /vimeo.com /channels /theveterans This would be greatly appreciated and noticed by many of our Veterans and the family members of those Veterans. I'm looking forward to hearing back from you on this request. Also, I wanted to mention that there will be a presentation next month at some point where the series will be presenting appreciation plaques to those who have supported this project such as Br. 479 RCL, TVCOGECO, the City of Niagara Falls and others including you personally. TVCOGECO will be taping the event. I'll let you know about the details. Thank you for your time and consideration. Daniel R. Rodrique - Producer T[ IE V'1n'ER.ANS - a Docurnentary Series 8743 Westport I)r, Niagara Falls, O\, L2F[ 0_\2 Tel: (905) 334 -4803 Cell: (005) 351-4220 To View The Series Go To http:Iwimeo,comlchannelsf theveterans 2 Dean Iorfida From: Daniel Rodrique <daniel.rodrique @sympatico.ca> Sent: Wednesday, March 27, 2013 8:56 AM To: Jim Diodati; Dean Iorfida Subject: RE: A Veterans' Request Attachments: Niagara Falls Support Link.JPG; Blank Afghanistan Picture jpg; image001.png; image002.png; image003.png; image004.png; image005 jpg Gentlemen, Attached is a sample of what I was suggesting that may be included in the city's web site along with a black copy of the background picture. Thanks guys. Daniel R. Rodrique - Producer THE VETERANS - a Documentary Series 8745 Westport Dr, Niagara Falls, ON, L2H 0A2 Tel: (905) 354 -4805 Cell: (905) 351 -4220 To View The Series Go To http: / /vimeo.com /channels /theveterans From: jdiodati @niagarafalls.ca To: daniel.rodrique @sympatico.ca CC: diorfida @niagarafalls.ca; shawn @niagarafalls.ca Subject: RE: A Veterans' Request Date: Wed, 20 Mar 2013 18:55:40 +0000 Hi Dan: Thanks for your request, Dan. I've included Dean Iorfida, as what you're asking is an endorsement of City Council. I trust that Dean will bring it forward for Council's consideration. With the ok of the group, I'm sure we could follow through with your suggestion. Thanks for bringing it forward. Jim JIM DIODATI Mayor City of Niagara Falls 905 356 7521 x 4201 jdiodati@niagarafalls.ca Follow me on 1 YOU 1 .. rte:,_ rF. = Ln. A T, ..., t, __, ril ami eat- = S 2 1 n ,..., -• E Cli es.i.. limo Immd • lipo A: .. CD *NW bow tom- oc 4. 01 A: © eih. . .m.gt -• = ost 5 '= t 3 to 7 ,?,. oist el:, 'it 0 A: cA . - Q OM" flir) n rn �• c vi: r !• Es LM� J CAD l• ; mui - ti ei et> 0 (A • l' tom,. C•+ eD pt 41 emp- = =et oak • = = ttz twozi 1 owl eD CD Z. el = :iiiit.a ~. -•(1) °. • r w ep g -. et) The Biggs & Barr - Barians With The City Of Niagara Falls Master Plan We will be forming a hockey team comprised of adults who have never learned how to play hockey, for the purpose of competing in a series of at least 15 charity games in the fall /winter versus other local team. Those teams will pay a $500 fee to play. 100% of the proceeds will go to the Jumpstart initiative which provides hockey equipment to deserving kids who can't otherwise afford it. We are coming to The City Of Niagara Falls asking for 2 hours of otherwise unused ice time (off peak daytime hours), from April 2nd to July 11th so we can teach and train our team. We plan to teach the game to 20 -25 people who have never played hockey before. From this group, 10 will be chosen to join our team which already consists of 5 staff members. Hopefully the others will be encouraged to join other adult hockey leagues in the region. Our goals are raising money for children to play hockey, and to encourage healthy, active living for all members of the Niagara region. This is a proven fund raising model that has been used by other media outlets in the past and has been extremely successful over many years. Addition Promotional Value for The City Of Niagara Falls 10 Live Mentions per week @ $100 per 15 Weeks Online link from htzfm.com = $ 15,000.00 = $ 7,500.00 Minimum Promotional Value: $ 22,500.00 Please note that this is a minimum value only. We will find multiple ways to build our association with Niagara Falls. Best regards, Bruce Gilbert Brand Director/ 97.7 HTZ -FM aastral Corporate Services Department Clerk's Division Inter - Department Memorandum TO: Mayor James M. Diodati & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 Niagara•Falls DATE: April 9, 2013 RE: 97.7 EITZ -FM Request for Free Ice Time The cost related to the request is $3,955.00. St. Catharines Council denied a similar request. Staff is consistent in that ice time should not be given away for free. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development Cystic Fibrosis Canada NIAGARA CHAPTER 2715 Thompson Road Niagara Falls, ON L2J 4J7 T 905 -359 -6127 cfniagara @hotmail.com www.cysticfibrosis.ca MUNICIPAL PROCLAMATION FOR MAYORS Proclamation: May is Cystic Fibrosis Awareness Month In recognition of the exceptional progress that has been made in Canada in cystic fibrosis research and care, and to help create a bright future for many Canadians who are still struggling to breathe, the City of Niagara Falls is pleased to designate the month of May as Cystic Fibrosis Awareness Month. Cystic fibrosis is the most common fatal genetic disease affecting Canadian children and young adults. It is a multi - system disease that affects mainly the lungs and the digestive system. There are 4,000 Canadians living with cystic fibrosis. Each week in Canada, two children are diagnosed and one person dies from the disease. Currently, there is no cure. May is a time to shine the spotlight on Canadians with cystic fibrosis and highlight the hope for the future that members of the Niagara Chapter of Cystic Fibrosis Canada share with people who have cystic fibrosis, their families and friends. Progress in the fight against cystic fibrosis could not have been realized without the dedication and commitment of Cystic Fibrosis Canada's Niagara Chapter whose fundraising projects in our community continue to support vital cystic fibrosis research and care programs across the country. It's with their help that researchers are closing in on the ultimate goal — a cure for cystic fibrosis. We encourage our citizens to join them in supporting this cause. Great Strides' walk: Sunday, May 26, 2013 Join the Cystic Fibrosis Canada, Niagara Chapter for our annual Great Strides— walk on Sunday, May 26 and help take steps to cure cystic fibrosis. More than 10,000 Canadians will walk in support of Cystic Fibrosis Canada in 67 locations across Canada. Great StridesTM will take place at Safari Niagara (formerly Zooz) in Stevensville, Ontario starting at gam. The day is tons of fun including a BBQ, face painter, bouncy castles, a magician and prizes for top fundraisers. The minimum pledge per walker is $20. Proceeds from the walk fund vital CF research and care. To register, sponsor or join a team, visit www. cyst icfib rosis. ca /greatstrides. For more information, contact: Cherie Willis, President Cystic Fibrosis Canada, Niagara Chapter 905-359 -6127 cfniagara@hotmail.com MW- 2013 -15 NiagaraJalls April 9, 2013 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2013 -15 Deerfield Estates Phase 9 (River Realty) Request to Amend Subdivision Agreement - Phase 3 Relotting RECOMMENDATION That Council agree to amend the existing Deerfield Estates Phase 9 Subdivision Agreement to reflect proposed lot re- configurations in the 3rd stage of the Development, resulting in a reduced amount of Development Charges owed and subject to additional administration fees covering the costs of preparing the amending documents. EXECUTIVE SUMMARY The Deerfield Estates Phase 9 Plan of Subdivision was approved by City Council in 2011 and is being developed under the terms and conditions of a Subdivision Agreement registered August 17, 2011, and further amended to address phasing limit changes registered August 9, 2012. The development is being constructed in three stages, the first and second of which are currently under construction. The developer (River Realty Development (1976) Inc.) is requesting that the agreement be further amended to reflect re- configurations made to 23 Tots within the 3rd stage (Lots 65 -87), now reduced to 15 lots (Parts 1 -15) through a Part Lot Control application PLC - 2013 -002. The Subdivision Agreement requires the developer to post securities and make Development Charge and administrative payments to the City at the time a specific phase is proposed to be developed. Staff has no objection to the re- configurations of lots within the third stage subject to the following conditions; 1. That the developer pay the Development Charges owing for all of the Tots in the third phase; and, 2. That the developer post the required securities and pay additional administrative fees associated with amending the Subdivision Agreement. The purpose of this report is to seek Council's authorization to amend the Subdivision Agreement to reflect the re- configured fifteen (15) lots applied through the above referenced Part Lot Control application. April 9, 2013 BACKGROUND - 2 - MW- 2013 -15 The Deerfield Estates Phase 9 Subdivision is located on the west side of Kalar Road, between Forestview Boulevard and Lundy's Lane. The entire project consists of 207 single family and street townhouse lots as well as two multi - family and two condominium townhouse blocks. The development was staged in three phases based on the availability of downstream storm drainage servicing and the construction of a permanent secondary access. One of the requirements of advancing the first phase was the prepayment of the Storm Drainage portion of the Development Charges ($2,246 / lot) for all lots and blocks in the Subdivision upon registration of the Subdivision Agreement. The downstream drainage works on Warren Creek have been completed and were primarily funded using Development Charge revenues. The second permanent access has been accommodated by the extension of St. Michael Avenue by the adjacent developer to the south. Attached to this report is a location plan showing the revised lot re- configurations (see attachment "1 "). Also, attached is a copy of the request from the developer for the removal of Part Lot Control over the 23 original Lots proposed for re- configuration in a letter dated, January 16, 2013. ANALYSIS /RATIONALE Under the terms of the Subdivision Agreement the developer is required to post securities (in the form of Letters of Credit) to cover the cost of construction of the roads, sewers, watermains and other related infrastructure necessary for the issuance of building permits. The developer wishes to proceed with the third phase (Lots 65 -87 now Parts 1 -15 and Lots 88 -124). FINANCIAL /STAFFING /LEGAL IMPLICATIONS Development Charge revenues help to fund a number of Capital Works projects serving this immediate area including the planned improvement of Kalar Road. The Storm Drainage portion of the Urban Services Development Charge for all phases was prepaid at the registration of the original Subdivision Agreement. The outstanding amount for the 3rd Stage is calculated as follows. Urban Services Development Charge Less: Prepaid Storm Services Total DC Owing for 52 Lots $6,151 x 52 = $319,852 $2,246 x 60 = $134,760 $185,092 By collecting the Development Charge contemplated in the original Subdivision Agreement, the City can continue to advance those Capital Works funded from this revenue stream on schedule. In addition, staff is recommending that the administration costs associated with The Subdivision Agreement amendment, also, is charged to the developer to cover the costs of accommodating this request. According to the latest Schedule of Fees for Services this amount would be $1,650 (including HST). April 9, 2013 CITY'S STRATEGIC COMMITMENT - 3 - MW- 2013 -15 Staff has no objection to this approach, as this position is consistent with Council's strategic priorities to make the funding of growth related Capital projects sustainable and that financial risk back is redirected to the development community. LIST OF ATTACHMENTS 1. Deerfield Phase 9 Subdivision - Stage 3 Re- configuration 2. Letter from River Realty Development (1976) Inc., dated January 16, 2013 Recommended by: Respectfully submitted: Geoff Holman Geoff Holman, Direc of Municipal Works Ken To d, Chief Administrative Officer Schedule "A-1" Deerfield Estates Phase 9 Subdivision MW-2013-15 Attachment #1 Schedule Page 11111111111311111111121111174 RERRIFER CR ;.° rIns a Plan ol Survey New Lot - Jennifer Cr ED Stage Existing Property Parcels Read Allowance S91. Sub division,I. Subdivisions:2010-344 Occracid E. Eh 9AgrevrenEScheduic A-I PhIsc 9 Sia.gc 3.wpd 6265 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 TELEPHONE (905) 354 -3853 9ulkiing & &, Scanned ( File t P.O. BOX 576 FAX (905) 354 -1816 Rivet 'ems Vaiebv2steot (1976) '2 #. January 16, 2013 Mr. Ken Mech Planning Department City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 Dear Ken: RE: REMOVAL OF PART LOT CONTROL LOTS 65 -87 (inclusive) PLAN 591\4 -384 DEERFIELD ESTATES — PHASE 9 MW- 2013 -15 Attachment #2 Further to our discussions with Mr. Alex Herlovitch and yourself, please accept this letter as our request for the removal of part lot control on the above noted lots. We have enclosed a cheque in the amount of $3,400.00 for payment of the processing of this request. Also enclosed are 6 copies of the draft R -plan. We will forward an electronic copy of this plan to you as well. We understand the by -law removing part lot control should go to Council in mid to late February. Please contact the undersigned if you require any additional information. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. Per: John Mestek, B.A. General Manager JMIam RECEIVED JAN 1 6 2013 PLANNING & DEVELOPMENT MW- 2013 -16 Niagara& lls April 9, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2013 -16 RFP 19 -2013 Supply and Installation of a Spray Pad at Prince Charles Park RECOMMENDATION 1. That the proposal from ABC Recreation Ltd. (60 Curtis Avenue North, Paris ON N3L 3V3) for the supply and installation of a spray pad at Prince Charles Park in the amount of $169,977.50 (excluding HST) be approved. 2. That the City Clerk be authorized to execute the necessary purchase order. EXECUTIVE SUMMARY This purchase order is necessary to complete the conversion of the existing old wading pool at Prince Charles Park to a new accessible automated recirculating spray pad. Work will include the construction of a decorative concrete spray pad with various spray features, the installation of an automated water recirculating system with a concrete shed enclosure and all necessary service hookups. Staff is recommending RFP 19 -2013 Supply and Installation of a Spray Pad at Prince Charles Park be awarded to the highest rated proposal (which also belongs to the lowest cost bidder), ABC Recreation Ltd. The contract value is within budget forecasts. Fifty percent (50 %) funding for this project is coming from the Federal Government through the Community Infrastructure Investment Fund (MW2013 -06). BACKGROUND Major maintenance upgrades were identified for Prince Charles Park through the 10 -year needs assessment review. Part of these necessary major maintenance upgrades is the replacement of the old wading pool with an accessible automated recirculating spray pad. In preparation for planned improvements, City staff conducted a public consultation process to engage the local park users. City Staff held a public information centre March 7, 2013 at MacBain Community Centre. This public information centre provided an opportunity for local park users to see the proposed project plans and provide feed back on important project details. In -turn this provided City staff a better understanding of the park use and allowed for a better tailored park design. April 9, 2013 - 2 - MW- 2013 -16 Based on comments received from the consultation process City staff developed work plans to meet the needs of the park users as well as the long term maintenance of the parks. ANALYSIS /RATIONALE A proposal call was issued for the project on March 4, 2013 with the closing on March 20, 2013. Two (2) proponents responded to the call. Proponent Name Proponent Address Proposal Price ABC Recreation Ltd. 60 Curtis Avenue North, Paris ON N3L 3V3 $169,977.50 +HST Recreation Play Systems, RTS Companies Inc. 1027 Industrial Place, St. Clements ON NOB 2M0 $170,000.00 +HST Staff completed a thorough value -based evaluation of each proposal using predetermined criteria. These criterions include proponent team qualifications, play value, accessibility, quality of system, warranty, appearance, service requirements and price. Based on this value evaluation we found the proposal submitted by ABC Recreation Ltd. for the amount of $169,977.50 (excluding HST) was rated highest and as such provided the best value. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The expenditure in this tender was approved with the 2013 Capital Budget for Prince Charles Park with an overall budget of $506,000. Fifty percent (50 %) funding ($253,000) for this project is coming from the Federal Government through the Community Infrastructure Investment Fund (MW2013 -06). At the present time there are no revisions to the budget expenditures or funding sources. This tender represents one part of the overall project and further expenditures will be made. The proposal price is within original forecasts. There are no staffing implications with this project. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. LIST OF ATTACHMENTS 1. Prince Charles Park Improvements Concept Plan 2. Proposed Spray Pad Features Plan 3. Proposed Spray Pad Rendering 4. Proposed Spray Pad Site Plan April 9, 2013 Recommended by: Respectfully submitted: Geoff Holman /David Antonsen - 3 - Geoff Holman, Dire of Municipal Works MW- 2013 -16 Ken Todd, Chief Administrative Officer MW-2013-16 Attachment #1 POPE AVENUE ljI • ■ 1 i z z - 8 w HEXIMEF ' - --4..• 6D x 8 I ....1 0 CL, -AVENUE i 11 c9 -- ■ UJ < z (...) UJ 0 z HE w, I (i) tu) Z z 2 It 8 It z 11 dui 0 0 3 0 1- z 2 > z 0< a. yW <Z coo -1 0 0 v) 0 0 Y 2 TOTAL AREA: 1809 ft2 (168m2) SPRAY AREA: 1134 ft2 (105m2) GRID DIMENSION: 2 ft x 2 ft /0.6m X 0.6m PRODUCT LEGEND 0 F MW- 2013 -16 Attachment #2 MW- 2013 -16 Attachment #3 MW- 2013 -16 Attachment #4 PBD- 2013 -24 NiagaraFalls April 9, 2013 C'1Y 1D.t REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD- 2013 -24 PLC - 2013 -004, Request for Removal of Part Lot Control Lots 71 -76 (inclusive) and 81 -84 (inclusive) Registered Plan 59M -395 Chippawa West Phase 2 Subdivision Applicant: A. J. Clarke and Associates Ltd. RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 71 -76 (inclusive) and 81 -84 (inclusive) on Registered Plan 59M- 395, as exempt from Part Lot Control for a period of two years; and 2. That the developer be required to notify the City when the new deeds for the lots have been registered. EXECUTIVE SUMMARY A. J. Clarke and Associates Ltd. has requested that Council pass a by -law to exempt the lands from being subject to Part Lot Control to allow the transfer of ownership of the 20 semi- detached dwelling units currently under construction. The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the lots are located within a registered subdivision; • the zoning permits the proposed parcels sizes; and • the by -law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold. BACKGROUND Proposal A. J. Clarke and Associates Ltd. has submitted a request to have Part Lot Control removed from Lots 71 (south side of Chemonda Street), 72 -76 (south side of Saw Mill Drive) and 81- 84 (north side of Saw Mill Drive), in the Chippawa West Phase 2 plan of subdivision. The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to lots and blocks within registered plans of subdivision. In this case the removal of Part Lot Control is requested to allow the creation of separate parcels for each of the 20 semi - detached dwelling units that are under construction. Refer to Schedule 2 for further detail. April 9, 2013 ANALYSIS /RATIONALE - 2 - PBD- 2013 -24 The subject lands are located within the Chippawa West Phase 2 plan of subdivision (59M- 395) which was registered in 2012. The subdivision contains a mix of Tots for one family detached dwellings, semi - detached dwellings and blocks of land for on- street townhouses and group townhouse dwellings. Building Permits were issued in October 2012 to permit the semi - detached dwellings to be constructed on the subject lands. The semi - detached dwellings and proposed parcel configurations are shown on the attached draft reference plan (Schedule 2). The subject lands are zoned Residential Mixed (R3 -760) by Zoning By -law No. 79 -200, as amended by By -law No. 2006 -205. The proposed parcels comply with the zoning regulations. Part Lot Control provisions under the Planning Act prevent lands that are within a registered pian of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by- law is requested so that each semi- detached dwelling unit can be sold with its own parcel of land. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. The developer should be required to notify the City when the new deeds have been created to assist in addressing and record keeping. FINANCIAL IMPLICATIONS Development charges were collected for Lots 71 -74 (inclusive) and 81 -84 (inclusive) based on 20 units. Therefore, there are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Proposed Lots Recommended by: Respectfully submitted: D. Deluce:mb Attach. Alex Herlovitch, Director of Planning, Building & Development Keii Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -24, PLC - 2013 -004, Lots 71 -76 (inclusive) 81 -84 (inclusive) Plan 59M- 395.wpd April 9, 2013 - 3 - SCHEDULE 1 PBD- 2013 -24 April 9, 2013 — 4 — PBD-2013-24 SCHEDULE 2 t- - Nt , N r ;-,-, / , 1 • PBD- 2013 -31 Niagara falls April 9, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD- 2013 -31 Commercial Building & Facade Improvement Grant Application CB &FIG - 2013 -003, Cupolo's Sports (Jessica Reynolds) 4554 Queen Street RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4554 Queen Street in the amount of $5,700, subject to the owner satisfying the program requirements including any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: • the proposed grant is for a facade improvement which complies with the City's grant program; and • funding for the City's portion of the grant is available in the Special Purpose Reserve of the Downtown CIP. BACKGROUND The subject property is located at 4554 Queen Street. The building is occupied by Cupolo's Sports. The building has undergone considerable improvement over the past year with a new roof, updated electrical system and a series of cosmetic improvements to the interior. The owner received a Commercial Building Improvement Grant last year for a new roof. The store owner has recently had a large sign erected along the front of the building which advertises and promotes the store business. The sign is considered as part of the facade of the building and is an eligible expense under the City's grant program. For this application, the applicant will be required to enter into an agreement with the City and satisfy all the requirements of the incentive program including necessary permits. April 9, 2013 FINANCIAL IMPLICATIONS - 2 - PBD- 2013 -31 The funding of the grants in this application will come from the Downtown CIP Special Reserves. This reserve has been established to provide funding for the City's expenses related to non interest loans, and for qualified grants. The balance remaining is $417,725. Another application is being considered this evening for a $10,000 grant. There is sufficient funds available for the grant to be considered. The City will receive one half or 50% of the subject grant ($2,850) from the Region. The successful approval of the recommended grants will result in an unencumbered balance of $404,875 moving forward. Downtown CIP Special Purpose Reserve Continuation Schedule Approximate balance unencumbered as at March 1, 2013 $ 417,725 Approval of Application CB &FIG - 2013 -004 ($10,000) Approval of Application CB &FIG - 2013 -003 ($2,850) Balance Remaining $ 404, 875 CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property. Appendix 2 - Facade of Cupola's Sports. Recommended by: Respectfully submitted: B.Bolibruck Attach. lex Herlovitch, Director of Planning, Building & Development Ken )-odd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -31, CB &FIG - 2013 -003, Cupolos Sports 4554 Queen Street.wpd April 9, 2013 - 3 - APPENDIX 1 PBD- 2013 -31 April 9, 2013 - 4 - APPENDIX 2 PBD- 2013 -31 • Yot iY .'N: a ,1 1i 4-n+. i. w ,! .. 3�S.w 9 1 it 1 1y f • ,� t S S .,=• f'� �iZAa i • - vCppE[•;�+ a!h! -rte d' jci v '.}^ . • r: "Yn''.' p '. • ..:._ ::. _ x � '� �rS�`°r.i'�ms �:rY M '""c"' is 4 � � < - ,�t!!! ., _ Y .e •:e:.•:r• Y ri r:rf ++:,...:1`ir,.i... iii y. iii .J.h+ri;r'tiS•�.�'�: ^'�Y i G 3 , . -.... _ ... •,"4......, '"'x$10'""'- .,v s -� r• { is W y F" li c !I . .st..i...if.,..,...ii,:fil_...'. I ��► it _ 0.^1 ••r Y v� 5 _ 4E d " v • . • r 1.. -. , 1 11. _ 3!! k^S••`tin . ylfi�rt -- C . _ y • • . ' • Niagara gps REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2013 -16 Monthly Parking Incentive and Bulk Permit Policy TS- 2013 -16 April 9, 2013 RECOMMENDATION 1. That Council approve the Bulk Permit Policy allowing companies or groups purchasing more than 25 monthly parking permits annually receive rate reduced by of 5 %. 2. Under utilized Municipal Parking Lots #1 and #9 at located in the Downtown area receive a reduced monthly permit rate of $25.00 per month to encourage lot usage and provide lower cost parking options for patrons. EXECUTIVE SUMMARY The City of Niagara Falls Parking Operations has a long- standing customer relationship with various companies who lease a considerable number of parking spaces within City owned parking Tots. To maintain a continued healthy repourwith these organizations, staff recommend a 5% permit rate reduction for companies or organizations that purchase permits in large volume to help offset the cost of administrative services incurred in the distribution of the permits to clients and staff. This Bulk Permit Policy would be expanded to be available to any business or organization wishing to purchase more than 25 permits per month for an extended time. The 5% reduction is to incorporate any business administrative cost that may be in place within the business but the recipient of the permit would not pay any monthly permit value greater than the posted rate on the municipal lot. Municipal Parking Lots #1 (Park/Zimmerman) and #9 (St. Lawrence /Huron) in the Downtown business district are located on the outer perimeter of the business area and are currently under - utilized by the public. To promote use in these lots and offer an alternative parking option for patrons, staff recommend a monthly permit rate reduction as an incentive for use. At a rate of $25.00 per month, this would provide parking options for customers on a fixed budget or those willing to walk a bit further to their destination for a cost savings. Reduced rate Tots are common in most municipalities as the further from the core business area the less demand there is, therefore, parking rates should reflect use and convenience. BACKGROUND In line with the Parking Master Plan and strategy, staff have looked at methods to provide April 9, 2013 -2- TS- 2013 -16 increased customer service while maintaining parking assets and the self- sustaining principles of parking operations. Offering a 5% discount to groups purchasing a large number of monthly permits allows for the cost of parking to be maintained at the posted rate while identifying that administrative cost may need to be incorporated by the organization purchasing in bulk and addressing cost of distribution or methods of collection from the permit users. Municipal Parking Lot #1 (Park and Zimmerman) and Municipal Parking Lot # 9 (St. Lawrence and Huron) are under utilized by the public. Staff recommend the reduction of monthly permits to $25.00 to provide incentive for parking use for patrons of the downtown area willing to walk a bit to address annual permit cost savings. This would provide a better use of the property, allowing increase use and turnover which would support annual maintenance cost while providing a benefit for those looking for parking options outside of the higher cost lots located in the Downtown core. ANALYSIS /RATIONALE To provide good customer service and promote long term parking opportunities for businesses and their clients in The City of Niagara Falls as well as generate revenue in under utilized parking lots in the downtown area. FINANCIAL /STAFFING /LEGAL IMPLICATIONS A 5% reduction of the monthly permit will translate to $2.00 per month or $24.00 annually per permit of lost revenue, however, would help secure the continuing revenue of the monthly permit yearly and maintain a long term working customer patronage of City parking lots. Reduction of Municipal Parking Lots #1 and #1 monthly permits would increase customer use and increase the lot in a revenue - expenditure balanced aspect. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, continue the parking operations user -pay philosophy through the development and implementation of a 10 -Year Parking Capital Infrastructure Program and Rate Stabilization Plan. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer P. Brown S: \General Administration \GA 1.01 Reports \2013 Council \4 Apr 9 \TS- 2013 -16 Monthly Parking - Bulk Permit Policy.wpd Standard Lot Rates $40.00 /month Reduced Lot Rates $25.00 /month 1 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to designate Lots 71 -76 (inclusive) and Lots 81 -84 (inclusive), Registered Plan 59M -395, not be subject to part-lot control (PLC- 2013 -004). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said lands are zoned by By -law No. 2006 -205 to permit the erection of semi- detached dwellings thereon; AND WHEREAS the owner of the said lands proposes to divide Lots 71 -76 (inclusive) and Lots 81 -84 (inclusive) into 20 parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 71 -76 (inclusive) and Lots 81 -84 (inclusive), Registered Plan 59M -395, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for two years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this ninth day of April, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 9, 2013 April 9, 2013 April 9, 2013 SAAPART LOT CONCROLA2013 \PLC -004 \Lots 71 -76 and 81 -84 PLC By- law.wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to establish Part 10 on Reference Plan 59R -1881 as a public highway, to be known as and to form part of Paddock Trail Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part 10 on Reference Plan 59R -1881 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 10 on Reference Plan 59R -1881 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Paddock Trail Drive. Passed this ninth day of April, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 9, 2013. April 9, 2013. April 9, 2013. CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law Nos. 79 -200 and 93 -141, in accordance with an Order issued by the Ontario Municipal Board dated March 26, 2013, to permit a 10- storey apartment dwelling with or without neighbourhood commercial uses on a portion of the ground floor (AM- 24/97). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets Cl and C2 of Schedule "A" to By -law No. 79 -200 and Schedule 1 to By -law No. 93 -141 are amended by redesignating from El and numbered 337 to R5B and numbered 498, the land on the northeast corner of Mountain Road and St. Paul Avenue, being part of Township Lots 16, 24 and 25 and part of the road allowances (now closed) between Township Lots 16, 24 and 25 of the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R5B and numbered 498 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 4.27.1, 4.7, clause (a) of section 7.11.1 and clauses (a), (b), (c), (d), (e), (f), (g), (h) and (m) of section 7.11.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R5B and numbered 498 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon for the purpose of an apartment dwelling having a building height greater than 10 metres and having uses permitted by clauses (a) through to and including clause (j) of section 8.1.1 of By -law No. 79 -200 on a portion of the ground floor, except in compliance with the following regulations: (a) Minimum lot area the whole of the land described in section 1 of this by -law and shown hatched and designated R5B and numbered 498 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening (b) Maximum number of dwelling 101 units (c) Location of the various refer to plan Schedule 2, attached to and components of the building or forming part of this by -law and clause (d) of structure, its maximum height, this section minimum yards and maximum number of storeys -2- (d) Maximum height of building or structure and maximum number of storeys excluding the elevator or mechanical penthouse (i) as measured from the elevation of 181.64 metres (ii) as measured from the elevation of 192 metres (e) Maximum height of elevator or mechanical penthouses as measured from the elevation of 192 metres (f) Minimum landscaped open space (g) (h) Maximum lot coverage Maximum floor area per use permitted by clauses (a) through to and including clause (j) of section 8.1.1 of By -law No. 79 -200 (I) Maximum floor area for all uses permitted by clauses (a) through to and including clause (j) of section 8.1.1 of By -law No. 79 -200 10.36 metres or 3 storeys, whichever is lesser 32 metres or 10 storeys, whichever is lesser 40 metres 45% of the lot area after any required dedication of lands for the purposes of road widening, which shall include a 6.0 metre wide strip, parallel and adjacent to St. Paul Avenue and Mountain Road, save and except for any driveways 18% 230 square metres 929 square metres 3. Section 20 of By -law No. 79 -200 is amended by adding thereto the following: 20.1.498 Notwithstanding the provisions of section 4.27.1, 4.7, clause (a) of section 7.11.1 and clauses (a), (b), (c), (d), (e), (f), (g), (h) and (m) of section 7.11.2 of By -law No. 79 -200, no person shall use the land on the northeast comer of Mountain Road and St. Paul Avenue, designated R5B and numbered 498 on Sheets C 1 and C2 of Schedule "A ", or erect or use any building or structure thereon for the purpose of an apartment dwelling having a building height -3- greater than 10 metres and having uses permitted by clauses (a) through to and including clause (j) of section 8.1.1 of By -law No. 79 -200 on a portion of the ground floor, except in compliance with By -law No. 2013- Passed this ninth day of April, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 9, 2013 April 9, 2013 April 9, 2013 SCHEDULE 1 TO BY -LAW No. 2013- Subject Land 12.19m — 21.86m 0 3 10.35m 97.08m iii -_ rte, R5B 2.70m- 19.97m 23.04m 6.08m N Amending Zoning By -law No. 79 -200 Description: Part of Township Lots 16, 24 & 25 & Part of the Road Allowances (now dosed) between Township Lots 16, 24 & 25 in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Mario Iafrate K: \GIS_Requests \2013\ Schedule \ZoningAM \AM -TBD \Zoning. map s 1:NTS AM- 24/1997 April 2013 SCHEDULE 2 TO BY -LAW No. 2013- 3.10m 5.00m 5.00m 10.00m 10.00m 8.00m 23.00m 3.00m 3.00mf l.s0m of 0 12.00m 7.20 17.50m 6.50m 6.50m 8.80m .20m 12.10m 12.1Qm 4.50m tm o 7.30m 7.30m 16.30m 7.00m 7.00m 16.00m 44.07m Components of the Building Location Maximum # of Storeys Maximum Height Description: Lower Level Podium Tower Tower Top Roof Feature Mechanical Penthouses 3 9 10 10.36m # 5m 29m 32m 33m Elevator or Mechanical Penthouses 40m Part of Township Lots 16, 24 & 25 & Part of the Road Allowances (now closed) Between Township Lots 16, 24 & 25 in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Assessment #: 272510000204300 Maximum Height Notes: # : As measured from the elevation of 181.64m * : As measured from the elevation of 192.00m March 2013 K: \GIS_Requests\ 2013\ Schedule \ZoningAM \AM -TBD \Zoning. map CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the execution of an Amending Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision - Phase 9. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Amending Subdivision Agreement dated the 12' day of March, 2013 and made between River Realty Development (1976) Inc. and The Corporation of the City of Niagara Falls with respect to the relotting of a portion of the subdivision, attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Amending Subdivision Agreement and all other documents that may be required for the purpose of carrying out the intent of the by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this ninth day of April, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 9, 2013. April 9, 2013. April 9, 2013. TIIIS AMENDING AGREEMENT made the 12`h day of March, 2013 BETWEEN RIVER REALTY DEVELOPMENT (1976) INC. a company incorporated under the laws of the Province of Ontario, Hereinafter called the "Subdivider" - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, I Iereinafter called the "City ", Schedule Page 2 of the FIRST PART; of the SECOND PART; WHEREAS the Subdivider and the City entered into a subdivision agreement dated the 22 "d day of July, 2011 and registered in the Land Registry Office for the Land Titles Division of Niagara South on the 17`h day of August, 2011 as Instrument Number SN322384 (hereinafter referred to as the "2011 Agreement "); AND WHEREAS the Subdivider entered into an Amending Subdivision Agreement with the City dated August 9, 2012 and registered in the Registry Office on September 12, 2012 as Instrument Number SN35661 1 (hereinafter referred to as the "2012 Agreement "); AND WHEREAS it is expedient to amend the said agreement(s) as hereinafter provided; NOW THIS AGREEMENT WITNESSETH that the Subdivider and the City covenant and agree as follows: 1. To amend the 2012 Agreement by deleting Schedules "A ", "B ", "C" and "F" and inserting Schedules "A -1 ", "B ", "C ", and "F ", attached hereto. 2. Any notice to be given pursuant to this Agreement, the 2011 Agreement or the 2012 Agreement may be delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Owner and the City as follows: River Realty Development (1976) Inc. P.O. Box 576 6265 Morrison Street Niagara Falls, ON L2E 6V2 Telephone No.: (905) 354 -3853 Fax No.: (905) 354 -181 Schedule Page 3 The Corporation of the City of Niagara Falls Attention: City Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone No.: (905) 356 -7521 Fax No.: (905) 356 -9083 (1) Where this Amending Agreement requires notice to be delivered by one party to the Other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted above. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (3) The Owner and the City agree that the terms of the 2011 Agreement and the 2012 Agreement as amended in all other respects are confirmed and shall remain the same. 3. The Owner shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Amending Agreement or anything done or maintained by the Owner thereunder or intended to be, and the Owner shall at all time indemnify and save harmless the City and its successors, administrators, permitted assigns, officers. employees, agents, servants, representatives, appointees and all others for whom the City is responsible in law and its affiliates and their respective successors, administrators. permitted assigns, officers, employees, agents, servants, representatives, appointees and all others for whom the City is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith. Notwithstanding the above, the Owner shall not be liable hereunder for any loss, damage or injury arising from the negligence or other wrongful act of the City. Schedule Page 4 4. All of the provisions of the said subdivision agreement dated the 22nd day of July, 2011 shall remain in full force and effect except as amended by the provisions of this agreement. IN WITNESS WHEREOF' the Owner and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. RIVER REA DEVELOPMENT (1976) INC. ame: Title: eH. e' / ,T ..S e.^ Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: James M. Diodati Title: Mayor Name: Dean Iorfida Title: City Clerk Schedule Page Schedule "A -1" Deerfield Estates Phase 9 Subdivision his Is nol a Plan of Survey New Lot Jennife' Cr Existing Property Parcels Stage Road Allowance .S[J. Subdivis na,i_SUbdivi.iuns,201F344 Duurbold F_vti'hY\AHrcumun i \S:baculc AT Pbusc 9 Stage S. wpd Schedule Page Schedule "B" Deerfield Estates Phase 9 Subdivision Part of Township Lots 150 and 139 (Geographic Township of Stamford) in the City of Niagara Falls, in the Regional Municipality of Niagara being composed of: Streets namely Angie Drive, Ernest Crescent, Fausta Boulevard, Jennifer Crescent, Kelsey Crescent, Mildred Court, Parkside Drive, Pauline Drive, St. Michael Avenue and Wiens Boulevard, and Firstly - Stage 1; Lots 8 to 64 (both inclusive), 125 to 164 (both inclusive) and Lot 207, forming Stage 1 and Secondly - Stage 2; Lots 1 to 7 (both inclusive) and Block 212 (0.30m Reserve), forming Stage 2A and Lots 165 -206 (both inclusive), forming Stage 2B and Thirdly - Stage 3; Parts 1 -15 (both inclusive), Lots 88 to 124 (both inclusive), Blocks 208, 209 (Townhouses) and Blocks 210 & 211 (Multi - Family), forming Stage 3, all according to Registered Plan 59M -384. 0 `.I Subdivisions■ I SubdiDhons\2010 -343 Deerfield Est Ph 9 \Agrecalenr'Schedule l3 Phvse 9 - Stage 3 wpd Schedule Page Schedule "C" 0- o /#5b / �| / \ \ \ E of 0 �/ \ / k N/A - Pre - Serviced CO f j / 5 / § / \ / \ / $ M12010 -344 Deerfield Est Ph 9Wgreemennchedule C Schedule Page Summary - Costs of Services Column VII Column VIII Column IX Column X Column XI Column XII Column XIII Column IV Column V Column VI 'o o 3 c a) 9 N E J N '- W U • o) • C c1) Q C r 0) 0 N N (n c0 0) C) is E • m m v • �U O in U W C N E w17; • N O o 0 U U H N/A - Pre - Serviced M O 0) C.1) N 0) ea (0 0) 0) y m N 0) R m N d 0) (0 (0 N N 0) m U) N 0) 0) w N G) 0) N 0) v 0) ate., N O 6 O eA 0 O CO 69 O 69 0 O O CO to p (9 CD o o o O 0 69 $19,786 $19,786 0 o W o O) O tfi N O N O Vi Is CD N CO V' 69 Cr) 0 0 CD O N O m ti 69 008'8$ 008'8$ 0$ 0$ $14,405 $14,405 $42,000 $42,000 008' L$ 008' L $ as D$ O LC) 0 , di 0 0 CO 69 LC) o co O 0 6) 69 O v N V O 69 'Cr N V 0 N V 69 0 N L0 m r C) N- 000'L$ 000`L$ N ( (9 N I� M 69 0 0 CO o L CO C E3 69 O O CO co CO N 69 E9 O 0 .a- ( 0 o O CO- 69 to $64,250 $64,250 $50,000 $50,000 CV 0 0 N.- O CO M E9 69 69 O i1'J o co- U) CO CO O CO V O N 69 69- 0 tO CO y} 0 h 69 CO CO Is. b) Regulatory/Parkng/Warnmg Signs 9. Boulevard Trees (54) r. cngineenrry a.wrs a) City 3% Adm rJstrat,on lee an !terns ro Totals 12. Lot Grading Deposit 13. Parkland Preparation De osit \2010-344 Deerfield Est Ph 91Agreemenl \Schedule Schedule Page E ra (2 Me development on 15 \/6 \E0 |\ < _ X ƒ j }/ co E D 9\ \ ƒ\ 0 \ / &2 \� / / en k co CI 4.2 o m w -J •E! =3« ® ®® # \/} \ \kb {\ & 2 / co, - 7 5 J kf u\ �/ 0 ` .) - \ \\ o 4 CL \ \\ / / CO cv CO 0 / — 2 ) ./ agreement execution as set out in By -la The rates and caloulal, 2 and 3 atter Slag 0 Schedule Page Schedule "F" Deerfield Estates Phase 9 Subdivision Lots /Units li 1 2 E \ / \ Phase 3 DC's Storm Portion of 8 Lots Previously Paid = \ \ / /)\o / }/0 2 /jO Townhome Townhome \ co co / and CdlculatLnn 01 develop Stages 2 and 3 after stage 1 s12010344 Deerfield Est Ph 91Agrearnent\Schedule 5 Phase 9 - CITY OF NIAGARA FALLS 13y -Law No. 2013 - A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. WHEREAS Section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by -laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to pass by -laws imposing fees and charges for the use of waste management systems, use of sewage systems or the consumption of water. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2007 -161, is hereby amended by deleting the SCHEDULE OF RATES, FEES AND CHARGES attached to it and substituting therefor Schedule "A" to this amending by -law, being the Schedule of Water Rates, Sewer Rates, Fees and Charges. 2. Repeal By -law 2012 -46. Passed this ninth day of April, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 9, 2013 April 9, 2013 April 9, 2013 Schedule "A" SCHEDULE OF RATES, FEES AND CHARGES After 1. Service charges: Due Date 15 mm meter 18 mm meter 25 mm meter 37 mm meter 50 mm meter 75 mm meter 100 mm meter 150 mm meter 200 mm meter 250 mm meter $ 23.36 $ 23.36 $ 23.36 $ 70.09 $ 140.18 $ 280.35 $ 513.98 $ 981.23 $1,752.19 $2,453.06 2. Water rates: After Due Date $ 0.9819 Before Due Date $ 22.25 $ 22.25 $ 22.25 $ 66.75 $ 133.50 $ 267.00 489.50 $ 934.50 $1,668.75 $2,336.25 Before Due Date monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly $ 0.9351 per cubic metre 3. Flat rates for a private water service not metered by choice or other determination of the City: After Due Date $ 52.34 Before Due Date $ 49.85 4. Flat rates for a private water service not metered because of refusal of owner: Residential Premises After Due Date 3x the current flat rate as per Section 3. Other than Residential Premises After Due Date 3x the current service charge per Section 1 plus 3x single month average of previous 12 months consumption history, or 3x the current service charge per Section 1, plus, if no previous consumption history, 3x single month average of similarly sized account/type at the Engineer's discretion. Before Due Date 3x the current flat rate as per Section 3. Before Due Date 4% less than the After Due Date amount as calculated for ICI, Section 4. 4% less than the After Due Date amount as calculated for ICI, Section 4. 5. Billing period: Minimum of one month. 6. Service deposits: Two times the estimated billing for a billing period with a minimum of the amount of $230.00. 7. Sewer rates: (a) Service charge as set out in section 1: 90.02% (b) Water rates as set out in section 2: 108.94% (c) Flat rates as set out in sections 3 and 4: 108.00% 8. Charge for Installation of Water Service: (a) Actual cost - deposit required based on estimated costs. (b) City supervised tapping fees 3/4 -5/8 up to and including 1" service 2" and above $100.00 flat rate $400.00 flat rate 9. Charge for shutting off or turning on supply of water (for arrears): (a) During normal working hours: $ 55.00 (b) Outside normal working hours: $ 175.00 (c) During normal working hours for maintenance $ 34.00 (d) Outside normal working hours for maintenance $ 175.00 Note: For the purpose of this by -law, normal working hours shall mean Mondays to Fridays (exclusive of holidays) between 8:00 a.m. and 4:00 p.m. 10. Charge for meter removal or reinstallation (for maintenance): (a) During normal working hours: (b) Outside normal working hours: $ 40.00 per hour /per city employee $ 100.00 per hour /per city employee 11. Charge for Testing Meter Consumption: At cost with a deposit of $75.00 12. Bulk carrier rate for City stand -pipe: (a) For Water $ 1.15 per cubic metre Cost plus 25% (b) Service deposit: Based on estimated charges for two billing periods, minimum of $500.00. (c) Bulk water card purchase $15.00 13. Use of Water for Construction Purposes: (a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter. (b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00. 14. Charge for private water service account transferred to tax account: (a) Per transaction fee of $22.00. 15. Charge for meter purchase to be paid at building/sewer permit issuance. 5/8" positive displacement water meter & costs $ 209.70 5/8" x 3/4" positive displacement water meter & costs $ 211.15 3/4" positive displacement water meter & costs $ 246.65 1" positive displacement water meter & costs $ 333.60 1.5" positive displacement water meter & costs $ 653.62 2" compound water meter & costs $ 2,442.80 3" compound water meter & costs $ 3,258.10 4" compound water meter & costs $ 4,878.63 5" compound water meter & costs $ 8,879.85 4" protectus compound water meter & costs $ 8,745.38 6" protectus compound water meter & costs $ 10,444.56 8" protectus compound water meter & costs $ 13,961.52 10" protectus compound water meter & costs $ 19,683.84 wall transmitter $ 207.85 pit transmitter $ 262.58 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of April, 2013. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 9th day of April, 2013 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this ninth day of April 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 9, 2013 April 9, 2013 April 9, 2013