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2013/05/14
Niagaraa11s a COUNCIL MEETING May 14, 2013 PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of April 23, 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. REPORTS 5:00 - 7:00 P.M. 1. TS- 2013 -07 - Portage Road - Speed Control Follow Up Review 2. F- 2013 -29 - Water Billing Transition 3. MW- 2013 -08 - Chippawa Infrastructure Update 4. R &C- 2013 -10 - Prince Edward Park -AND- THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines that no further notice is required in declaring the parcel, located between Prince Edward Avenue and Byng Avenue, surplus to the City's needs. PRESENTATIONS /DEPUTATIONS 7:00 P.M. Boys & Girls Club of Niagara Amanda Braet, Director of Fund Development, will notify Council on BGCN's national fundraiser, Race for Kids presented by Cytec on June 1, 2013. 2 Kraft's Hockey Lives On Dave Beaton, Manager of Sobey's will be before Council regarding his store winning $5,000 in the Kraft Hockey Lives On contest. The money is to go toward a hockey /arena related event. PLANNING MATTERS 7:00 P.M. Public Meeting AM- 2013 -003, Zoning By -law Amendment Application Former Jones Street Road Allowance, East Side of Montrose Road South of Delta Drive Applicant: OPM Properties Ltd. (Michael Brooks) Agent: Doug Darbyson, Darbyson Planning Inc. Proposed Semi - Detached Dwelling Background Material: Recommendation Report: PBD -2013 - 38 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 TAPS Brewing Co. - requesting relief from the City's Noise By -law for various events in the summer. RECOMMENDATION: For the approval of Council. 2. Rotary Club of Niagara Falls Sunrise Ribfest - requesting relief from the City's Noise By -law for Ribfest and that the event be declared of municipal significance to allow for the provision of a Special Occasions Permit (SOP) liquor licence. RECOMMENDATION: For the approval of Council. 3. Celebrate Old Downtown/ Springlicious - requesting various in -kind services, fee waivers, relief from the Noise By -law and that the event be declared of municipal significance to allow for the provision of a Special Occasions Permit (SOP) liquor licence. RECOMMENDATION: For the consideration of Council. 4. Downtown B.I.A. - requesting approval of their annual budget. RECOMMENDATION: For the approval of Council. - 3 - 5. Chippawa Public Dock Committee - requesting staff support and waiver of fees for the 3rd Annual Run for the Docks event on June 30, 2013. RECOMMENDATION: For the consideration of Council. 6. National Public Works Week - requesting that the week of May 19th, 2013 be proclaimed as "National Public Works Week ". RECOMMENDATION: For the Approval of Council 7 Spina Bifida and Hydrocephalus Awareness Month - requesting that June be proclaimed as "Spina Bifida and Hydrocephalus Awareness Month ". RECOMMENDATION: For the Approval of Council. 8. World Oceans Day - requesting that June 1st be proclaimed as "World Oceans Awareness Day" and June 1st - 8th as "World Oceans Week ". RECOMMENDATION: For the Approval of Council. 9. Canadian Tire Jumpstart Charities- requesting that May 25th be proclaimed as "Jumpstart Day ". RECOMMENDATION: For the Approval of Council. 10. National Health and Fitness Day - requesting that June 1st be proclaimed as "National Health & Fitness Day ". RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. REPORTS 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 -22 - Deerfield Neighbourhood Park (Phase 1), Tender Results and Update MW- 2013 -23 - Contract #2013 - 294 -13, Prince Park Improvements Project MW- 2013 -25 - Confirmation and Amendment Agreement Niagara Region/ Town of Niagara -on- the -Lake/ OPG Niagara Tunnel Project. PBD- 2013 -26 - Commercial Building & Facade Improvement Grant Application. CB &FIG- 2013 -004, 2268321 Ontario Inc. (Fred Procopio) 4238 -4240 Bridge Street. PBD- 2013 -35 - Commercial Building & Facade Grant Application, New City Properties Ltd. (Gary Dixon). 4600 Queen Street. PBD- 2013 -36 - DB- 2013 -002 Deeming By -law Application North Side of Frederica Street. Applicant: 800460 Ontario Limited. Proposed Residential Development. PBD- 2013 -37 - Matters Arising from Municipal Heritage Committee, 2013 Designated Property Grant Application. R &C- 2013 -09 - Allister Young Arts & Culture Endowment Fund 2013 Recipient TS- 2013 -20 - Speed Limits on Rural Roads RESOLUTIONS THEREFORE BE IT RESOLVED that Council consents to Celebrate Old Downtown's desire to allow for alcohol to be carried on the closed street for this year's Springlicious; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers the sixth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Rotary Club of Niagara Falls Sunrise Ribfest to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2013 -72 A by -law to declare part of Lot 35 Stamford and part of Lot 70 Stamford, Plan 51 and shown on Schedule "1 ", surplus. 2013 -73 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Standing Prohibited, Parking Prohibited, Stop Signs at Intersections, Prohibited Turns) 2013 -74 A by -law to establish Block A on Plan NS10 as a public highway, to be known as and to form part of Lepp Avenue. 2013 -75 A by -law to provide for the adoption of Amendment No. 110 to the City of Niagara Falls Official Plan (AM- 2013 -001). 2013 -76 A by -law to amend By -law No. 79 -200, to change the zoning of the Lands to a site specific NC zone, to permit a neighbourhood commercial development (AM- 2013 -001). 2013 -77 A by -law to amend By -law No. 79 -200, to change the zoning of the Lands to a site specific I zone, to permit a vineyard, winery and retail store as secondary uses to a religious institution (AM- 2013 -004). 2013 -78 A by -law to designate Lots 242, 319, 320 and 321, Registered Plan 40 to be deemed not to be within a registered plan of subdivision (DB- 2013 -001). 2013 -79 A by -law to designate Lots 60, 61 and 62, Plan 44 to be deemed not to be within a registered plan of subdivision (DB- 2013 -002). 2013 -80 A by -law to designate the property known as 4888 Hunter Street, being PIN 64344 -0136 (LT) and being further described as Lot 472, Plan 9, Town of Niagara Falls within the City of Niagara Falls, to be of cultural heritage value and interest. 2013 -81 A by -law to authorize the execution of an Agreement with the Hilton Hotel and Suites Niagara Falls - Fallsview respecting the Adopt -A- Program public service program for volunteers. 2013 -82 - 6 - A by -law to authorize the execution of an Agreement with the Niagara Falls Fitness Studio & Wellness Cafe respecting the Adopt -A- Program public service program for volunteers. 2013 -83 A by -law to authorize the execution of an Agreement with the Stamford Interact Club respecting the Adopt -A- Program public service program for volunteers. 2013 -84 A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments to certain Committees. 2013 -85 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of May, 2013. NEW BUSINESS Niagaraaall,s REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2013 -07 Portage Road - Speed Control Follow Up Review TS- 2013 -07 May 14, 2013 RECOMMENDATION That the existing speed humps on Portage Road between Mayfair Drive and Stamford Green Drive be maintained. EXECUTIVE SUMMARY The two speed humps in their current locations are extremely effective in managing traffic speeds on Portage Road in front of Stamford Green Day Nursery School. As speed humps cause a vertical deflection, they are considered one of the most effective methods in controlling speeds. Horizontal deflections such as a mountable raised median island and a chicane combination may be considered as alternate traffic control devices. Also, although not quite as effective as vertical or horizontal deflections, passive traffic calming devices such as a Community Safety Zone may be considered. BACKGROUND A chronology of the Portage Road speed control project is provided in Appendix A. ANALYSIS /RATIONALE Traffic data was collected in November 2012 following the modification of the southern speed hump. The operating speed obtained between the speed humps is 52 km /h in the northbound direction and 46 km /h southbound, increases of 8 km /h and 2 km /h respectively before the height of the speed hump was reduced from 80mm to 40mm. However, the prevailing speeds are still well below 68 km /h, which was observed before the speed humps were constructed. Average daily traffic volumes have not changed significantly since the southern speed hump was modified. A collision analysis identifies that there have not been any reported collisions on Portage Road at or between Mayfair Drive and Stamford Green Drive since the speed humps were constructed in September 2011, whereas there were five (5) collisions reported in the prior three years. This section of Portage Road is prohibited to heavy vehicle traffic. Signs identifying the restriction are posted on both sides of the road east of St. Paul Avenue and south of Mountain Road. More recently the signs were replaced with larger text signs. Staff May 14, 2013 -2- TS- 2013 -07 followed up with correspondence to the Niagara Regional Police requesting enforcement of the heavy vehicle prohibition as directed by Council. Since July 2012, the Niagara Regional Police have issued seventeen (17) provincial offence notices on Portage Road between Mountain Road and St. Paul Avenue /O'Neil Street for various infractions. They do not have a specific number of tickets issued for heavy vehicle operators violating the posted signs. There are more than thirty (30) speed humps throughout the city located on eleven (11) streets. The average set back of the houses from the speed humps is 8 to12 metres. On Portage Road the houses are set back 15 metres. Four of the streets are transit routes. Concerns have not been received regarding noise associated with the speed humps except from residents on Portage Road. In fact, the majority of concerns brought forward are that the speed humps are not high enough. The study findings reveal that the speed humps are effective in managing the speeds on Portage Road. However, in response to the noise complaint other measures have been considered, as follows; 1. Do nothing The "do nothing" alternative, which is to leave the existing speed humps in their current location is considered to be the most effective means of traffic calming. This alternative however does not address the concerns of the residents which is noise due to vehicles traversing the hump. As the speed humps are already constructed there is no financial implication with the "do nothing" alternative. 2. Relocate the speed hump(s) The constraint for this option is that most driveways are offset from each other in the area most suitable for speed hump installation. The speed humps need to be constructed so they are not in front of driveways, or obstruct manholes /catch basins. This is to ensure that motorists entering /exiting their properties are not encumbered by the speed hump, drainage is not impacted, and given the requirement that speed hump warning signs must be installed adjacent the speed hump. The speed humps are 80 metres apart which is the desired distance between humps to achieve operating speeds below the speed limit. Although there is available space directly in front of the daycare, it would be too close to the northern speed hump. Relocating the southern speed hump closer to Carman Street would not pose any conflicts with driveway access or utilities, though it would be 140 metres away from the northern speed hump and above the desirable separation distance. Drivers would have the opportunity to accelerate before encountering the downstream speed hump that is beyond the daycare facility. There is no financial implication associated with this alternative as it is not considered to be viable given driveway spacing. May 14, 2013 3. Remove the speed hump(s) -3- TS- 2013 -07 The speed humps were initially recommended as the operating speed was 68 km /h in a 50 km /h zone, with a daycare directly abutting the street. They are placed so that drivers must physically slow down to pass over them, and they are spaced as to not allow drivers to gain excess speed before reaching the second hump. Removing one or both of the speed humps would result in an increase to the operating speed. Speed humps are most effective when in tandem, and removing one speed hump without replacing it with another comparable device would not fulfill the desired effect of slowing traffic to /below the speed limit in front of the daycare. For instance, reducing the height of the southern speed hump in half allowed northbound drivers to raise their speeds in between the humps from 44 km /h to 52 km /h. Removing the southern speed hump completely would highly likely cause a further increase in driver speeds. The financial implication to remove and resurface one speed hump is approximately $2, 000. and two speed humps are $2, 700. 4. Implement a Community Safety Zone on Portage Road between O'Neil Street and Church's Lane Community Safety Zones are sections of road where the community has designated as an area where the safety of children /citizens is paramount. Community Safety Zones are intended to be established in areas that may include schools, day care centres, playgrounds, parks, hospitals, senior citizen residences and may also be used for collision - prone areas within a community. Traffic related offences committed within a Community Safety Zone are subject to increased fines. Many set fines are doubled such as speeding and traffic signal related offences. Parking - related infractions are not subject to increased penalties. Motorists are informed that they are entering a Community Safety Zone through the required regulatory sign. As motorists enter the established zone, the sign will display a "Begins" tab posted beneath; as they exit the zone the sign will display an "Ends" tab. Regular police enforcement is an integral component which makes a Community Safety Zone a successful traffic safety tool. Community Safety Zones have been established on both Kalar Road and McLeod Road. Community Safety Zones are considered to be a "passive" form of traffic calming when used for that purpose. Although it is not as effective as vertical or horizontal deflections, it can be effective in reducing speeds through the installation of signs indicating increased fines, in addition to police enforcement. The financial implication for this alternative, including the removal of the southern speed hump, but not including police enforcement costs, is $4, 000. May 14, 2013 -4- TS- 2013 -07 5. Install an all -way stop at Stamford Green Drive Removing the southern speed hump and replacing it with an all -way stop at the intersection of Portage Road at Stamford Green Drive would result in motorists reducing their speed as they would be required by law to stop. However, this application of an all -way stop would highly likely contribute to different traffic control problems given that Stamford Green Drive carries Tess than 5% of the almost 4,000 vehicles that use this section of Portage Road daily. All -way stops are most effective when the traffic is relatively equal amongst the intersecting streets, such as the case with Portage Road at Church's Lane. Otherwise, motorists on the major street tend to disrespect the signs when there are low side street traffic volumes, as they encounter side street traffic infrequently. The result is typically noncompliance as well as noise associated with motorists accelerating /decelerating. The financial implication to implement this alternative is approximately $4,500. 6. Alternate Speed Control Plan Removing the southern speed hump and replacing it with alternate traffic calming devices was investigated. Given the existing road features, an alternative would be to maintain the northern speed hump, replace the southern speed hump with a mountable centre median and construct curb extensions on both sides of Portage Road between Carman Street and Stamford Green Drive narrowing the road to 6.0 metres. Devices that deflect vehicles horizontally are most effective when used in combination with other devices. Therefore, having only either the mountable median or the road narrowing chicane would not be as effective if placed in isolation. The mountable median island and curb extensions will require drivers to perform a slight slalom manoeuvre before and after the northern speed hump. Given the existing traffic volumes on Portage Road, the lateral clearance reductions would be an effective method in reducing traffic speeds, though they would not be as effective in controlling driver speeds as if the speed hump was maintained. Vertical deflections, ie. speed humps have proven to be most effective in reducing speeds. The attached drawing illustrates the alternate plan. The financial implications for this alternative is approximately $25, 000. FINANCIAL /STAFFING /LEGAL IMPLICATIONS For information, the construction of the two speed humps initially cost $6,500, and the modification of the southern speed hump was $4,200. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan. May 14, 2013 LIST OF ATTACHMENTS Appendix A - Study chronology Study Area drawing Recommended by: Respectfully submitted: -5- TS- 2013 -07 Karl Dren, Director of Transportation Services Ken odd, Chief Administrative Officer /M. Carrick 5: \General Adr inistration\GA 1.01 Reports'\2013 Counc1l \5 May 14 \TS- 2013 -07 Portage Road - Speed Control Follow Up Review2.wpd APPENDIX A CHRONOLOGY OF PORTAGE ROAD SPEED CONTROL September 2010 Correspondence received from an area resident requesting measures to reduce the speed of traffic on Portage Road. Autumn 2010 Speed data was collected and the operating speed obtained was in the range of 62 km /h to 68 km /h. The legal speed limit is 50 km /h. November 2010 Questionnaires were delivered to all residents on Portage Road between St. Paul Avenue and Church's Lane requesting their input regarding the speed of vehicles and potential mediating measures. The strongest support for speed control devices was received from the residents located between Mayfair Drive and Stamford Green Drive where the daycare is located. This road segment is located in the approximate midpoint of the study area, and also had the highest operating speed, observed at 68 km /h. February 14, 2011 Report TS- 2011 -11 (Portage Road - Speed Control Review) was approved by the Committee of the Whole. Staff recommended that two (2) speed humps be constructed on Portage Road between Mayfair Drive and Stamford Green Drive. Given the location of driveways, manholes, catch basins, etc. that must be maintained clear, there was only one suitable location on either side of the daycare to place the speed hump to ensure that drivers slow down before they reach the daycare. September 2011 The speed humps are constructed. January 2012 City Staff has received a petition from several homeowners requesting the removal of the speed humps primarily due to the noise caused by vehicles traversing over the speed humps and their ineffectiveness. These residents have requested alternate speed control measures to be implemented on the street. March 2012 Staff delivered a questionnaire to all residents on Portage Road between Church's Lane and O'Neil Street/St. Paul Avenue to determine their preference for maintaining or removing the speed control devices. A consensus was not attained to justify the removal of the speed humps. April 2012 Follow up speed data was collected. The operating speed obtained between the speed humps was found to be 44 km /h, a decrease of 24 km /h. Traffic volumes were collected simultaneously, revealing that the traffic volumes on this section of Portage Road had dropped by almost 1,000 vehicles daily after the speed humps were constructed. May 29, 2012 Report TS- 2012 -22 (Portage Road - Speed Control Follow Up Review) was presented to the Committee -of- the - Whole. Staff recommended that the two (2) speed humps on Portage Road between Mayfair Drive and Stamford Green Drive be maintained. Council recommended enhanced signage /markings, modifications to the southern speed hump and that Staff request the Niagara Regional Police enforce the heavy vehicle restriction. Summer 2012 Staff followed up by installing additional signs, applying "SLOW" pavement markings upstream of each speed hump approach, and reducing the height of southern speed hump in half from the prescribed height of 80mm to 40mm. Additional signs denoting the heavy vehicle restriction were installed. January 2013 Concerns regarding continued noise, even with the modified speed hump, were expressed by an abutting homeowner. Additional studies were carried and presented in report TS- 2012 -07. April 2013 Heavy Vehicle restriction signs replaced with signs that have larger text for the Fine. Existing Conditions TS- 2013 -07 Portage Road Niagara 4iI s Speed Control Follow Up Review Alternative Plan for Consideration NORTH 176I D7 r71fSE F- 2013 -29 NiagaraJalls May 14, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2013 -29 Water Billing Transition Report RECOMMENDATION 1. Council approve the addition to the City staff complement of four (4) full time equivalent employees. 2. Council authorize staff to develop plans for renovations at MacBain Centre to accommodate implementation of a cashiering station that can accommodate water, tax and other municipal payments. EXECUTIVE SUMMARY As part of the 2013 Utility Budget, Council approved staff's recommendation to return the water billing function to the municipality. Staff has reviewed the existing water billing function arrangement with NPEI and has concluded that an opportunity exists to reduce operating costs and improve customer service delivery. Operating costs from water billing could be reduced up to 20% from 2012 expenditure level due to potential synergies of combining this service with existing City operations. As an added benefit, customer service will improve with the provision of a full service cashiering office in the southwest end of the City. This will provide an opportunity for residents to have an alternative to City Hall. BACKGROUND The City of Niagara Falls is responsible for the delivery of potable water and treatment of sewage for the residents of the municipality. In 2000, the municipality entered into an agreement with Niagara Peninsula Energy Inc. (formerly Niagara Falls Hydro) for the water billing function. The water billing function included the reading of meters, both residential and nonresidential as well as billing and collection of accounts. At the time of the agreement, there were significant synergies to combine water and hydro billing, including meter reading. Over the period of the agreement, these synergies have not continued. Initially, the City's accounting system was unable to accommodate the water billing function without a significant financial investment. In addition, changes to legislation for hydro services specifically relating to the implementation of smart metering for hydro billing, has eliminated the savings in combined meter reading since the full cost is now borne by the municipality. May 14, 2013 - 2 - F- 2013 -29 ANALYSIS /RATIONALE At the time that the agreement was entered into, the intention was that the entire billing /collection function would be transferred and that the City would have little involvement in day to day issues. This has not been the case as the Finance department and Environmental Services Department has continued to be involved in service delivery. This involvement has increased over the time of the agreement. Examples of City involvement include Municipal staff dealing with billing disputes, account delinquencies, shut offs, high water consumption investigations and rebate programs. At the same time, the costs of the service provided by NPEI has increased from approximately $585,000 to $1,082,000 in 2012. NPEI is obligated under the Provincial Energy Act to charge full cost recovery to the City for the services. As indicated, the expected synergy of meter reading between organizations has been eliminated by the move toward smart meters. Subsequent to the original transfer of water billing responsibility to NPEI, the City upgraded its financial software systems with the purchase and implementation of the Vadim system. This platform is currently in use and has a water billing module that is consistent with the taxation and other financial systems. Although water billing will be new to staff, the accounting framework of Vadim is similar to the system currently used by staff. In addition, staff has a good support system with the vendor. Vadim is a widely used and tested system and is used by municipalities like Kawartha Lakes and Grimsby, among others. This module can be purchased and implemented for a fraction of the originally considered costs. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Finance staff has reviewed the current costs with that of costs of the agreement and has determined that the cost savings of up to 20% are possible with the return of billing. The savings potential is based on the synergies between the existing cashiering /taxation staff. Additional positions are required in the water function. Staff is requesting an additional staff complement of four (4) full time to accommodate this transition. These positions will be added as needed in the implementation process and have been included in the cost determination that results in the potential savings previously mentioned. Additional staffing will allow the municipality to increase its service delivery by allowing a full service financial office to be opened at the MacBain Centre. At present there are opportunities for placement of staff with renovations to the centre. Staff is presently moving forward with designs to accommodate staff placements. Once costs are known, this will come to Council as an amendment to the Capital budget. The cost of renovations will be initially funded from water reserves. Staff knows that customer service can be improved in combining water /taxation services and will offer an opportunity to enhance service for residents in the south end of the municipality by offering these combined services at the MacBain Centre. Utilizing existing staff resources with the new full time equivalents will provide necessary resources to accommodate these services. In addition to improving service by adding a location, staff will be proposing new alternatives to methods of payments, to payment options and potentially to hours of operations. Each of these initiatives will be forthcoming as the transition is underway. May 14, 2013 - 3 - F- 2013 -29 In addition, an alternative site allows for improvements for the other non taxation and water services. Staff is planning modifications to the process of handling parking ticket/dispute mechanisms by investigating the consolidation of these processes from City Hall to the MacBain Centre. Similarly, the develop of an alternate site will be an opportunity for the City to have an outlet for sales of Transit passes. Likewise, the full cashiering outlet will provide payment opportunities for other municipal services including recreation facilities. Staff is projecting transition to municipal billing to be completed for January 1, 2014. Recommended by: Respectfully submitted: Todd Harr'son, Dir for of Finance Ken T dd, Chief Administrative Officer MW- 2013 -08 Niagara& lls May 14, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2013 -08 Chippawa Infrastructure Update RECOMMENDATION That this report be received for Council's information and filed. EXECUTIVE SUMMARY The City's current approach and plan with respect to reducing the basement flooding incidents and the need for Emergency pumping into the environment has been reviewed and supported by the local district office of the Ministry of the Environment. They are in agreement that implementing the recommendations for the "Chippawa Sewer Flooding Relief Study Class EA" are an important first step in providing the necessary protection and control over basement flooding, sewer surcharging, combined sewer overflows and emergency pumping during wet weather events in Chippawa. Continued investigation and removal of all sources of wet weather flows into the system are necessary to provide the spare trunk capacity to allow future development to proceed without impacts. In the interim, each proposed new development will need to have the impact on the current system assessed and the necessary mitigation measures proposed to alleviate any detrimental impacts. BACKGROUND At its meeting on June 26, 2012 City Council considered and adopted Report MW- 2012 -37 (attached) in regard to recent and planned future Infrastructure Investments in the Chippawa area. The report stemmed from concerns raised regarding existing Sewer capacity in Chippawa, and the system's ability to accommodate additional sewage flows as a result of new or intensified development. Members of Council expressed concern about the current practice of Operations staff to undertake emergency sewer pumping to relieve sewer pressures in the Chippawa system. As such, staff was requested to quantify the likelihood of increased sewer surcharging and /or emergency sewage pumping resulting from new or intensified development in Chippawa. It was indicated that consultation would be necessary with staff from the Water and Wastewater division of the Regional Municipality of Niagara (RMN)and from the local District Office of the Ministry of the Environment (MOE) in this regard. Staff was then to report back to Council on feedback from these discussions and any direction provided in dealing with future development impacts. May 14, 2013 - 2 - MW- 2013 -08 ANALYSIS /RATIONALE City staff met with representatives from the Niagara District Office of the MOE and the Development Approvals Manager from RMN on September 12th, 2012, to review and discuss the City's current Combined Sewer Overflow (CSO) and Emergency Relief pumping reduction plans and efforts. In particular, the focus was on Chippawa Area sewer system and recent development pressures in this area. Staff from the MOE and RMN were in general agreement and endorsed the current approach and plan to implement the proposed solutions outlined in the Chippawa Sewer Flooding Relief Study Class EA (namely the storage tanks adjacent to the Low Lift Pumping Station and at Riverview Park). They were also in agreement with the overall CSO reduction strategies and the City's progress in implementing the recommended works to date. However, we were encouraged to continue our efforts to investigate, identify and eliminate all sources of extraneous flows into the Sanitary Sewer system and continue to monitor the effectiveness of our ongoing efforts. The impacts of current and future development proposals were discussed in general, but there was no willingness to limit or quantify the "spare" capacity in the system to accommodate additional flows, until after the proposed protection measures have been implemented and their benefits analyzed. In summary, the MOE supported our current efforts and plans, but was not in a position to comment on future development limits and impacts. Our conclusion from the discussions was that we must continue our current approach to development review and assess each proposal on its own merit in regard to impact on the Chippawa Sewer system. Emergency Pumping Summary As requested, the following is an extended summary of Emergency Pumping Data in Chippawa dating back to 2004: ► 2004 - 2 Rainfall Events - 9,370 m3 total pumped ► 2005 - 3 Rainfall Events - 9,540 m3 total pumped ► 2006 - 1 Rainfall Events - 7,440 m3 total pumped ► 2007 - 1 Rainfall Events - 3,750 m3 total pumped ► 2008 - 1 Rainfall Events - 7,840 m3 total pumped ► 2009 - 4 Rainfall Events - 7,500 m3 total pumped ► 2010 - 1 Rainfall Events - 10,900 m3 total pumped ► 2011 - 7 Rainfall Events - 13,250 m3 total pumped ► 2012 - 5 Rainfall Events - 15,840 m3 total pumped Hurricane Sandy Impacts On October 29th and 30th, 2012, the remnants of Hurricane Sandy dropped approximately 77 millimetres of rain based on rainfall data measured at the Niagara Falls, New York International Airport. Our area had experienced several days of continuous rainfall leading up to this event so the rain from Sandy was falling on a fully saturated area. According to recorded flooding complaints received by City Operations staff, there were 20 reported Sanitary Sewer backups and 16 Storm Sewer backups, attributed to the rainfall. None were reported from the Chippawa Area. City Operations staff pumped for 13 hours from each the Front Street and Cattell Street Emergency pumping locations, discharging approximately 8,860 cubic metres. May 14, 2013 - 3 - MW- 2013 -08 Update on Projects and Programs South Side Low Lift Pumping Station - CSO Tanks - as part of the design process currently being undertaken by the Region and City, it was agreed that the Region would simultaneously undertake some upgrades to increase the capacity of the existing pumping station as part of the same contract as the CSO Storage Tank construction. The construction completion schedule will be lengthened as a result, but it will provide added wet weather protection to the Chippawa sewer system. As part of this change in the scope of the project, the City has agreed to undertake some study of the Sanitary sewer system downstream of the Pumping Station to determine and assess potential impacts during wet weather events as a result of the increased flows from the pumping station. The cost of this study was approved in the 2013 Capital budget. Additionally, it is proposed to proceed with the design for the recommended CSO Storage Tanks system to be located in the Riverview Park area. This was also approved in the 2013 Capital Budget. Staff has received recommendations from our Consultant on the upgrades and Capital Improvements to the Gunning and Mears Pumping Station and the estimated costs were approved in the 2013 Capital Budget. Development Proposals Staff has adopted the following approach with respect to reviewing and commenting on the proposed Infill /Intensification /Brownfield Development proposals within the Chippawa area: ► If the development is to proceed to occupancy prior to the implementation of the CSO Storage Tanks as recommended by the Chippawa Sewer Flooding Relief Study Class EA, then the proponent must demonstrate that the proposed development will not contribute flows in excess of the currently experienced wet weather flows currently being added to the system from the site. This way, there is some assurance that the current situation will not be exacerbated by the proposed development. For Greenfield developments and those that will proceed following implementation of the CSO Storage Tanks, it is generally understood that the overall system will have a 5 -year return period storm level of protection and the impacts of the dry weather base flow additions to the system both locally and along the expected route that contributed sewage will follow to the Low Lift Pumping Station will need to be assessed to confirm that no negative impacts the systems operation will be experienced. With respect to spare dry weather capacity within the system, it is recommended that this can be included for study in the proposed update to the City's Pollution Control Plan, which was approved in the 2013 Capital Budget. FINANCIAL /STAFFING /LEGAL IMPLICATIONS None. May 14, 2013 CITY'S STRATEGIC COMMITMENT - 4 - MW- 2013 -08 This report is consistent with Council's strategic commitment to Infrastructure Sustainability through the development of asset management plans which prioritizes projects based on need and ongoing Operational Improvement reviews. LIST OF ATTACHMENTS 1. Report MW- 2012 -37 Recommended by: Respectfully submitted: Kent Schachowskoj /Geoff Holman Geoff Holman, irector f unicipal Works Ken Tod , Chief Administrative Officer 57"X- MW- 2012 -37 MW- 2013 -08 - Attachment #1 Niagr falls June 26, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works The recommendation(s) contained in this report were adopted by City Council SUBJECT: MW- 2012 -37 Chippawa Infrastructure Investment Update RECOMMENDATION That this report be received for Council's information and filed. EXECUTIVE SUMMARY The City is moving forward with the recommendations identified in the "Chippawa Sewer Flooding Relief Study Class EA "Study. City staff, in co- operation with the Region of Niagara, are proceeding with the design and construction of the new storage tanks at the Low Lift Sewage Pumping Station. A new storage tank at Riverview Park is being considered in the 10 year forecast subject to budgetary considerations. Ongoing investigation and removal or reduction of extraneous flows entering the Chippawa sewer system will also continue, providing a significant reduction in the wet weather flow loading on the system. All of these measures will achieve the objectives of reducing the risk of basement flooding and eliminating the need for emergency sewage pumping. The proposed plans represent a $9 million investment in the Chippawa sewer system and over $6.7 million in other Municipal Capital Infrastructure Improvements. BACKGROUND At its meeting on January 24th, 2012, during consideration of a Zoning By -Law Amendment in Chippawa, City Council requested that Municipal Works staff report back on Capital Infrastructure Investments in Chippawa. Specifically, the request was generated as a result of numerous concerns raised by residents about the existing Sewer capacity and the ability of the system to accommodate additional sewage flows as the result of new or intensified development. The Chippawa area sewer system has been prone to surcharging during heavy rainfall events, resulting in periodic basement flooding occurrences as well as requiring Operations staff to initiate emergency sewer pumping to relieve the system pressures. As a result, the system has been extensively studied and monitored to determine possible causes of the surcharging and back -ups and provide potential solutions to address the capacity issues. The most recent study findings were presented in Report MW- 2010 -63, dated December 13, 2010. This study was the Environmental Screening Report for the "Chippawa Sewer Flooding Relief Study Class EA ", dated December 2010 prepared by CH2M Hill for the City of Niagara Falls. The Executive Summary of the ESR was attached to MW- 2010 -63, June 26, 2012 - 2 - MW- 2012 -37 including the project objectives, the system modelling summary, list of alternative developed, and recommended preferred solutions to be implemented. This report will summarize the previous study results and the recommendations put forth, which were adopted by Council at that time. It will also provide an update on the progress of these initiatives as well as any other related efforts to alleviate the sewer surcharging and capacity issues in the Chippawa Area. ANALYSIS /RATIONALE The "Chippawa Sewer Flooding Relief Study "was to analyse, model and monitor existing Sanitary Sewer system performance in the Chippawa area. The goal was to provide solutions to reduce: ► the risk of chronic basement flooding during heavy rainfall events; ► the frequency and magnitude of sanitary sewer overflow events; ► the need for emergency sewer pumping. The study indicated that the system had adequate capacity to accommodate existing Dry weather flows, but experiences capacity issues and surcharging during the storms with 2 and 5 year return period intensity and duration in four identified Areas of Concern. A list of alternative solutions was developed and compared for these areas to determined the preferred and most effective solutions. These included providing either in -line or off -line storage within strategic points of the system, or a series of upgrades to existing sewer sizes to accommodate the anticipated wet weather flows. The recommended alternatives were to: ► Replace an existing throttle pipe section with a 600 mm diameter sewer and construct a 4,300 m3 capacity storage tank at the existing Low Lift Sewage Pumping Station located on Chippawa Parkway adjacent to the Welland River. The estimated cost of this solution is approximately $5,540,000. Construct a 1,600 m3 capacity storage tank at Riverview Park on Cattell Drive. The estimated cost of this solution is approximately $3,640,000. Implementing these solutions would provide an increased wet weather flow capacity of the system and greatly reduce the risk of basement flooding and eliminate the need for emergency pumping up to the 5 year return period intensity and duration storm event. Staff have proceeded with implementation of the first solution, that being the storage tank at the Low Lift Sewage Pumping Station. The pumping station is owned and operated by the Regional Municipality of Niagara. As such, Regional staff are acting as the lead facilitators of project, with the City acting as a cost sharing partner. The Region is also assisting with the funding through their Combined Sewer Overflow Municipal Assistance Program of up to 50% of the total cost. This project was approved as part of the 2012 Capital Works Budget. The Region has retained an Engineering Consultant to complete the design, which is currently underway. It is anticipated that the design and tendering process should be completed by around the end of 2012, with construction taking place in early 2013 and lasting approximately 12 months. June 26, 2012 - 3 . MW- 2012 -37 The implementation of the second solution, that being the storage tank at Riverview Park, will be included in the forthcoming 10 year Capital Needs plan, with recommendations for its implementation within the next five years, subject to budgetary considerations. Other Projects and Programs The continued investigation of sources of extraneous flows and removing them from the system will also significantly increase the effectiveness of the implemented measures. Specifically noted is the ongoing City -wide Weeping Tile Disconnection program, which provides important source control removal of storm and groundwater connections to the Sanitary sewage collection system. The following provides a summary of Emergency Pumping data in Chippawa over the past few years, along with a summary of Weeping Tile disconnections within Chippawa as compared to City -wide totals: Emergency Pumping Summary ► 2009 - 5 Rainfall Events - 8,500 m3 total pumped ► 2010 - 1 Rainfall Event - 10,900 m3 total pumped ► 2011 - 6 Rainfall Events - 8,900 m3 total pumped ► 2012 - 2 Rainfall Events - 4,800 m3 total pumped (to date) Weeping Tile Disconnection Summary ► Prior to 2010 - 46 disconnections ► 2010 - 11 disconnections (47 City -wide) ► 2011 - 8 disconnections (60 City -wide) ► 2012 - 2 disconnections (20 City -wide) Gunning and Mears Pumping Station Upgrades Due to some operational concerns at the existing in -line storage facility and sewage pumping station at Gunning Drive and Mears Crescent, funding was approved in the 2012 Capital Works budget for the retention of an Engineering Consultant to undertake an investigation and analysis of the existing facility. Some of the system components have reached the end of their useful life, and it is desirable to potential modify the current operation of the facility in order to improve efficiencies and effectiveness. The consultant retention process is currently underway and it is anticipated that the investigation, analysis and design should be completed by year end. The recommended improvement and upgrades to the facility will implemented in 2013, subject to budgetary considerations. Ongoing Monitoring and Investigations City staff will continue to monitor the effectiveness of the solutions are they are implemented, as well as continuing to investigate the source of extraneous flows entering the sewage collection system. Mitigative, operational, maintenance and rehabilitation measures will be implemented as needed to reduce or eliminate the extraneous flow contributions, hence freeing up additional capacity within the existing system. Through demonstration of the effective increase in the system capacity, can consideration been given to the introduction of additional flows from new or intensified development. June 26, 2012 - 4 - Other Capital Infrastructure Investments MW-2012-37 Project & Year Description Cost 2008 - Welland & Roosevelt Watermain Replacement Welland - Sodom to Sophia Roosevelt - Welland to Montcalm $245,000 2009 - Lyons Creek Road & Stanley Avenue Watermain Replacement Lyons Creek - Stanley to Sodom Stanley - Lyons Creek Rd to Welland River $1,140,000 2010 - Weightman Bridge Rehabilitation Concrete Deck Replacement, New Watermain, Structural Streel Rehabilitation $3,800,000 2010 - Cured -In -Place Sewer Lateral Relining 5 Laterals in Chippawa $27,000 2010 - Main & Willoughby Intersection Upgrade Cummington Square East and West, including Watermain Main - Niagara to Laura Secord $236,000 2012 (Planned) - Bridgewater Avenue Watermain Replacement Bridgewater - Cummington Square to Main Street, including Road $1,001,000 (approved budget) 2012 (Planned) - Chippawa Parkway Watermain Replacement Chippawa Parkway - Thomas to Pumping Station $258,000 (approved budget) 2013 (Planned) - Furlong Avenue Watermain and Sanitary Sewer Replacement Furlong - Cattell to Limit, including Road Design approved for 2012 2013 (Planned) - Strang Drive Watermain and Sanitary Sewer Replacement Strang - Lamont to Sarah, including Road Design approved for 2012 2013 (Planned) - Gunning, Lamont & Bell Sanitary Sewer Replacement Gunning - Willoughby to Bell Lamont - Bond to Callan Bell - Gunning to Limit, all including Roads Design approved for 2012 FINANCIAL IMPLICATIONS The funding for the implementation of the Low Lift Pump Station Storage Tank has been included in the 2012 Capital Budget. The funding for the design and implementation of the Riverview Park Storage Tank (approximately $3,640,000) will be included in subsequent year Capital Budget considerations, likely 2013 or 2014. This project will be potentially eligible for funding (up to 50 %) through the Regions CSO MAP Program, subject to its continued approval at the Regional level. Also the recommended Gunning and Mears Pumping Station upgrades will be included in the 2013 Capital Budget deliberations. June 26, 2012 - 5 - MW- 2012 -37 CITY'S STRATEGIC COMMITMENT This report is consistent with Council's strategic commitment to Infrastructure Sustainability through the development of asset management plans which prioritizes projects based on need and ongoing Operational Improvement reviews. LIST OF ATTACHMENTS 1. Report MW- 2010 -63 Recommended by: Respectfully submitted: Kent Schachowskoj /Geoff Holman Geoff Holman, rector of Municipal Works Ken Todd, Chief Administrative Officer Niagaraaalls C.1ti 10.1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: Prince Edward Park R &C- 2013 -10 R &C- 2013 -10 May 14, 2013 RECOMMENDATION 1. That Council proceed with the proposed land exchange at Prince Edward Park as illustrated on Attachment #1 of this report. 2. That staff receives $15,000 (excluding the cost to relocate the trees and benches) from the developer to be allocated for future park redevelopment and that the developer relocates the park benches and trees abutting the benches (or plant up to 4 new trees if the trees will not survive transplanting) at its cost. 3. That staff prepares a park development plan and presents it as part of the 2014 capital budget. 4. That the developer installs chain Zink fence on the north and east side of Prince Edward Park to adhere to City of Niagara Falls Park standards. EXECUTIVE SUMMARY A neighbourhood meeting took place at the Prince Edward Park, 5:00 p.m. - 6:30 p.m. on Monday, May 6, 2013 to discuss the proposed land exchange and future park redevelopment. Approximately 46 people attended the meeting. Neighbours did not oppose the land exchange, inquired about the development and shared comments regarding future park redevelopment. BACKGROUND Following the April 23,2013, meeting, Council directed staff to organize a neighbourhood meeting to discuss the proposed land exchange at the Stamford /Jack Bell Arenas and future park redevelopment. Meeting notices were distributed on Friday, May 3, 2013, to homes in the general park area. Homes within Woodland, Frederica, Highland and High Street area received the meeting notice. The notice was also emailed to Recreation Committee and Park in the City members for their information. May 14, 2013 ANALYSIS /RATIONALE - 2 - R &C- 2013 -10 The neighbourhood meeting took place at Prince Edward Park. In order to clearly show the two parcels of land to be discussed, the developer marked parcel A, near the fence /Byng Avenue and parcel B, by the playground. The developer over - viewed the housing project and impact on parkland. Meeting participants questioned the type of development, impact on their property taxes and fencing. Neighbours did not oppose the land swap in exchange for park improvements. Attachment #2 lists meeting comments received for future park development. The majority of the residents requested the playground be replaced, pathways be developed, more benches and additional trees. They did not support park features such as basketball courts, splash pad or skateboard ramps. Residents requested the park improvements be completed at the same time as the housing development. Also requested that the developer contribute appropriate funds toward the park redevelopment. Meeting attendees were informed additional reports will be presented to Council regarding the housing development and future park redevelopment. FINANCIAL /STAFFING /LEGAL IMPLICATIONS That the funds received for the land exchange be directed to future Prince Edward Park redevelopment. CITY'S STRATEGIC COMMITMENT Continue to provide accessible recreation facilities and green space for Niagara Falls residents. LIST OF ATTACHMENTS 1. Prince Edward Park drawing. 2. Prince Edward Park meeting comments. Recommended by: Respectfully submitted: Kathy Moldenhauer, Director of Recreation & Culture Ken Todd, Chief Administrative Officer V:A2013 COUNCIL \2013 05 14 \R &C- 2013 -10- Prince Edward Park.wpd AT'TACHMENT " I " akleir.11 Got PLAYGROUND EQUIPMENT STAMFORD ARENA MATTHEWS, CAMERON, HEYVY000 - KERRY T. HOWE SURVEYING LTD to 0 10 20 30 WISES : 500 C; 403419750-35900550010.439930-FEF-Ong Sketch MET &it 11 Mar 28, 2013 9:Z3am Attachment #2 Prince Edward Park Comments Comment Number of People Water Pad 1 More Benches 3 More Activities for Children 1 aairs on Cook a. 1 Pathway i n Park 3 Savings, Side/ Rayground (handicap accessible) 4 Sides 2 Done at the same time as the town homes 3 NO Basket bal l 3 NO Splash Pad 2 More Manageable Trees 1 Rock Garden 1 Nice Landscape 1 Red Piper to come to that park 1 No Scate board Fbmps 2 Fbmove Same and Put Ribber padding (like at MacBain) 2 Would Tike a QUIET Park 1 The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS at the closed meeting of April 23r1, Council directed staff to facilitate a neighbourhood meeting regarding a proposed land swap between the City and 800460 Ontario Limited related to lands in the vicinity of the former Stamford/ Jack Bell arenas, as it related to the provision of park land; and WHEREAS the land swap is minor in nature and the previous sale of the majority of lands related to the former Stamford/ Jack Bell arenas was widely publicized; and WHEREAS the neighbourhood meeting took place on May 6, 2013 and was attended by approximately fifty nearby residents; and WHEREAS the residents expressed no concerns with the proposed land swap and provided input on the park redevelopment; and WHEREAS the City's Sale of Land By -law (2013 -16) requires that before selling any land Council shall declare the land surplus by by -law or resolution and that notice be provided as per the City's Notice (2003- 02) By -law; and WHEREAS the City's Notice by -law requires notice six days in advance of consideration of the by -law declaring lands surplus; and WHEREAS the neighbourhood meeting on May 6`h' provided the notice to all affected parties that would have an interest in the matter. THEREFORE BE IT RESOLVED that the Council ofthe Corporation ofthe City ofNiagara Falls hereby determines that no further notice is required in declaring the parcel, located between Prince Edward Avenue and Byng Avenue, surplus to the City's needs. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Dean Iorfida From: Amanda Braet < a. braet @boysandgirlsclubniagara.org> Sent: Monday, April 22, 2013 7:03 PM To: Dean Iorfida Subject: RE: BGCN -Race for Kids Dean Yes to both questions. It will be myself attending. What time should I arrive? Do you need me to send anything in advance (handouts ?) Amanda Braet Director of Fund Development Boys & Girls Club of Niagara 8800 McLeod Rd Niagara Falls, ON RR2 L2E 6S5 h 905 -357 -2444 x222 F 905 -357 -7401 s uu • PI JOIGNE2 LAVE Boys & Girls Club of Niagara A good place to be Donate Now z Confidentiality Notice This e -mail message, including any attachments, is intended for the originally addressed recipient(s) only. The information is considered confidential and privileged. Any unauthorized use, distribution or disclosure is prohibited. If you are not the intended recipient or have received this message in error, please notify me immediately by reply mail and permanently destroy the original transmission from me; including any copies and attachments. Thank you. From: Dean Iorfida [ mailto:diorfida @niagarafalls.ca] Sent: Monday, April 22, 2013 1:33 PM To: 'Amanda Braet' Subject: RE: BGCN -Race for Kids Perfect. Thanks Amanda. I take it that you want to plug the event and perhaps get Council member participation? I'll schedule the matter for May 14th. Who will be attending? 1 Dean From: Amanda Braet [ mailto: a. braet @boysandgirlsclubniagara.org] Sent: Monday, April 22, 2013 11:26 AM To: Dean Iorfida Subject: BGCN -Race for Kids Dean This year the Boys and Girls Club of Niagara will be participating along with 22 other Boys and Girls Clubs across Canada in the national fundraiser "Race for Kids ". The Boys and Girls Club of Niagara's Race for Kids presented by Cytec will take place on June 1, 2013. This event is an adventure race with a unique twist. Teams of four will race around the community, solving clues and participating in kid - themed challenges in Niagara Falls. Although the event is being held in Niagara, the event is being marketed throughout the Niagara Region. The checkpoint challenges will focus the mind and challenge the body. This is a pledge based event and the top individual pledge will be awarded a voucher from WestJet for a round flight for two! This adventure will embrace the carefree days of being a Kid to support the Boys and Girls Club. Since this is the first year the Boys and Girls Club of Niagara is hosting this event, we are reaching out for an opportunity to speak of the event at council to encourage people and businesses to get involved to benefit the children and youth in the Niagara Region. For further information I welcome you to visit www.raceforkids.ca Thank you in advance for your consideration! Amanda Braet Director of Fund Development Boys & Girls Club of Niagara 8800 McLeod Rd Niagara Falls, ON RR2 L2E 6S5 T 905- 357 -2444 x222 F 905- 357 -7401 Boys & Girls Club of Niagara A good place to oe Donate Now Confidentiality Notice: This e-mail message, including any attachments, is intended for the originally addressed recipient(s) only. The information is considered confidential and privileged. Any unauthorized use, distribution or disclosure is prohibited. If you are not the intended recipient or have received this message in error, please notify me immediately by reply mail and permanently destroy the original transmission from me, including any copies and attachments. Thank you. 2 Dean Iorfida From: Jim Diodati Sent: Wednesday, April 24, 2013 6 :05 PM To: Carey Campbell Cc: Kathy Moldenhauer; Dean Iorfida Subject: Council Deputation c, Dave Beaton, the Sobey's Manager called to tell me that his store was 1 of 3 stores in Ontario to win the "Hockey Lives On" Kraft Display. As winners they will receive $5000 to spend in our community on a hockey /arena related event. They can do a community skate party or anything they want related to hockey, but they need to spend the money by September. Dave is looking for our feedback on how they can spend their winnings in Niagara Falls. Dave's # is 905.371.2270. Let's look at the May 14th Council meeting to acknowledge them. Maybe we can get some of the photos of their winning display to show on the big screen as well as try to determine the best way to spend the money (maybe involve Kathy). Thx MAYOR JAMES M. DIODATI cf N agara 431; ?O 3cx 10'23 N aga'a ;mils, ;!�a _21 aX. 305.366 '521 X 42 01 ;u clot @riagwafa ls,ca 1 S2I311VW ONINNV1d PBD- 2013 -38 Niagara) alls May 14, 2013 C.1V 1D1 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 -38 AM- 2013 -003, Zoning By -law Amendment Application Former Jones Street Road Allowance, East Side of Montrose Road South of Delta Drive Applicant: OPM Properties Ltd. (Michael Brooks) Agent: Doug Darbyson, Darbyson Planning Inc. Proposed Semi - Detached Dwelling RECOMMENDATION That Council approve the Zoning By -law amendment application to rezone the property Residential Single Family and Two Family (R2) with site specific side yard and driveway width regulations, to permit the proposed semi - detached dwelling. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit a semi - detached dwelling to be constructed on the property. The amendment can be supported because: the proposal represents an efficient use of urban land and infrastructure; the Official Plan encourages a harmonious mix of dwelling types so that a variety of housing types are available in each neighbourhood; the proposed semi - detached dwelling would be compatible with surrounding single detached and semi - detached dwellings; the lot is adequately sized to accommodate the dwelling; and the requested reduction in the side yard width and increase in driveway width are acceptable and will not adversely impact neighbouring properties. BACKGROUND Proposal A Zoning By -law amendment is requested for the former Jones Street right -of -way which is located on the east side of Montrose Road, south of Delta Drive (see Schedule 1). The amendment is requested to permit the 889 square metre (9,570 square foot) property to be developed with a semi - detached dwelling. Schedule 2 shows details of the proposed development. May 14, 2013 - 2 - PD- 2013 -38 The land is zoned Residential Single Family 1D Density (R1 D) in accordance with Zoning By -law No. 79 -200. The zoning of the land is requested to be changed to Residential Single Family and Two Family (R2) with site specific side yard and driveway width regulations to permit the proposed semi - detached dwelling. The land is a former right -of -way (Jones Street) that was provided when the adjacent lands on Montrose Road were developed through a plan of subdivision (Plan 100). The land was declared surplus in 2009 and was sold. The land has since been acquired by the applicant. Site Conditions and Surrounding Land Uses A swale, which drains an area behind the property, runs through the middle of the property and drains into a catch basin near Montrose Road. The property is otherwise flat and has no features on it. The lands to the north, south and west of the subject lands have been primarily developed with single detached dwellings. Lands to the east have been developed with semi- detached dwellings. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections. To ensure potential noise impacts from the QEW and Montrose Road are addressed, the noise mitigation measures proposed by the applicant (brick veneer front wall, R22 insulation, double glazed windows and central air conditioning) are to be implemented through the Building Permit. - Road occupancy permits are to be obtained and drainage and servicing connections are to be to the satisfaction of the Region. • Municipal Works No objections to the rezoning. The construction of a drainage system including rear and front yard catchbasins with connections into the storm sewer and a swale along the north side of the property, all as shown on the drawing submitted with the application, are to be confirmed prior to Building Permit issuance. In addition, a 2 metre easement over the swale is to be dedicated to the City prior to Building Permit issuance. • Parks Design - No objections. Cash -in -lieu of parkland dedication and boulevard tree planting will be required if the property is severed in the future. May 14, 2013 • Building Services - 3 - PD- 2013 -38 - All required Building Permits to be obtained prior to construction. • Transportation Services, Fire Services, Legal Services, Niagara Falls Transit No objections. Neighbourhood Open House A neighbourhood open house was held on March 27, 2013. No neighbours attended the open house to hear about the proposal or to ask questions. ANALYSIS 1. Provincial Policies & Regional Policy Plan Provincial policies direct growth to built -up areas and support intensification. The proposal would assist in reaching intensification targets established by Provincial and Regional policies and would result in a more efficient use of urban land and infrastructure. 2. Official Plan The property is designated Residential in the City's Official Plan, which includes single detached and semi - detached dwellings among the predominant housing types. The Official Plan encourages a harmonious mix of dwelling types so that a variety of housing types are available in each neighbourhood.The proposal complies with the Official Plan as follows: - The proposed semi - detached dwelling adds to the mix of housing available in the neighbourhood. The proposed dwelling would be compatible with surrounding single and semi - detached dwellings in terms of height, massing and setbacks. 3. Zoning By -law The current R1 D zoning of the land only permits single detached dwellings. The requested R2 zone would permit the proposed semi - detached dwelling. With the exception of the adjustments discussed below, the lot is adequately sized to accommodate the dwelling and the associated parking and amenity areas. The requested adjustments to the standard R2 zone regulations can be supported for the following reasons: Standard side yards for semi - detached dwellings are required to be 1.2 metres; larger setbacks of 2.4 metres are required for dwellings without an attached garage to accommodate a parking space in the side yard. As the front yard can accommodate the required parking, the side yard parking spaces are not required, and a reduction in the southerly side yard width to 1.9 metres and the northerly side yard width to 2.1 metres can be supported. May 14, 2013 - 4 - PD- 2013 -38 The northerly side yard leaves sufficient room for an easement for the storm lateral from the rear yard catch basin. The requested increase in driveway width from 50% of the lot frontage to 55 %would allow the provision of two parking spaces for each semi- detached dwelling unit. Ths would result in a total driveway width of 11 metres instead of 10 metres. This increase is not expected to be noticeable. 4. Servicing and Drainage Currently the property is traversed by a swale that drains the properties to the east and runs into a catchbasin along Montrose Road. To ensure the property is properly drained and adjacent properties are not adversely impacted, a rear yard catchbasin is proposed to be built to intercept flows from the east. From there flows would be brought to the front of the property and connected to the Montrose Road storm sewer by a storm sewer lateral. These works have been shown on the plan submitted by the applicant. It is necessary that these works be provided as part of the future Building Permit application for the dwelling. Prior to Building Permit issuance, an easement will have to be dedicated for maintenance of the storm sewer lateral. CITY'S STRATEGIC COMMITMENT The proposal represents an efficient use of urban land and services. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: Respectfully submitted: A.Bryce:mb Attach. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -38, AM- 2013 -003, Former Jones Street right of way.wpd May 14, 2013 Subject Land - 5 - SCHEDULE 1 LOCATION MAP PD- 2013 -38 Amending the Zoning By -law No. 79 -I00 Location: Former Jones St Road Allowance, East Side of Montrose Rd South of Delta Dr Applicant: 0 P M Properties Ltd. AM- 2013 -003 May 14, 2013 - 6 - SCHEDULE 2 PD-2013-38 *loft 7,41 S 31130b1C7 SNOI1V3INf1INWO3 Clerk's Division Inter - Department Memorandum Niagaraaalls TO: His Worship Mayor James M. Diodati DATE: May 14, 2013 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Noise By -law Relief - TAPS Brewing Co. - Various Events - Ribfest - Springlicious Various upcoming annual events are seeking relief to the City's Noise by -law to allow outdoor amplified music after 9:00 p.m. All of the events and /or organizers noted above have received relief in the past without incident. This will be the last year for the Ribfest at Optimist Club. Unlike previous years, the event will not be adjacent to Dorchester and Morrison but will be further west on the property toward the Q.E.W. The organizers feel that this will mean less impact on nearby residents. Staff has no issues with the various requests. RECOMMENDATION: For the approval of Council. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development tAPS Taps Brewing Co. Inc. 4680 Queen St Niagara Falls, ON L2E 2L8 BREWING CO. INC. 289 - 477 -1010 Dean lorfida, City of Niagara Falls, Taps on Queen is has some exciting plans to help get downtown busy again this summer. We have a number of outdoor music events planned. I'm writing to request an exemption from the noise by -law so that we can have live music on the parking lot stage from noon until 11 pm for the dates and events listed below. I have already informed the BIA of our plans. They are working with us for many of the events. I will also let our neighbours know about the events ahead of time. In addition, we have hosted many live music events on our parking lot stage over the past 4 years, the most recent being last year's Buskerfest. We continue to try to attract more people including new visitors and out of town tourists to Queen street to show them a great part of Niagara Falls many are missing out on. To aid in that, advertising for our events is focused on people who not normally be downtown to introduce them to it. May 18th and 19th:(Noon until 10pm both days): 5th Annual Niagara Metal Fest in association with Project Pain Productions — 18 Local and international bands, local craft vendors and other entertainment May 31st, June 1st and 2nd: (Noon until 11 pm Friday and Saturday, Noon until 6pm Sunday) Springlicious: Downtown annual street festival July 1st: (Noon until 10pm): Canada Parade with live bands July 6th: (Noon until 11pm): Big Brothers and Sister of Niagara Wingfest 2013: Chicken wing festival with local restaurant competitors, vendors and live music August 3`d (4pm until 11 pm): Taps Eight Inning Bash Featuring After The Lounge(Band from London, ON) for the Slo Pitch National Championship September 6 -8th (4pm to 11 pm): Niagara Falls Buskerfest. Live bands and busker performances. Please feel free to contact me if you have any question or need any other information. Sincerely, Eric Martin Taps On Queen Brewhouse and Grill 289 - 477 -1010 Cell: 905 - 380 -2708 Dean Iorfida From: Nancy T <nancyt @vaxxine.com> Sent: Monday, April 29, 2013 3:24 PM To: Dean Iorfida Cc: Scott Wright Subject: Niagara Falls Ribfest Dear Dean In addition to the Rotary Club of Niagara Falls Sunrise, Ribfest and BBQ asking for the Resoluton of Council for our June 14, 15 and 16th event we would also like to ask for continued relief from the noise by law as we've been given in previous years. We will continue to direct the entertainment stage away from the residential area and all performances will stop before 11 PM. Your help is very much appreciated and I understand this will go before Council May 14th. Please call me to pick up the Resolution of Council (or email) 905 - 371 -9229, info @nfribfest.com Respectfully Nancy Tkachuk Rotary Club of Niagara Falls Sunrise Ribfest and BBQ P.O. Box 142 Niagara Falls, ON L2E 6S8 1 ROTARY CLUB OF NIAGARA L s NR E .P.v 3-e S.y.ri:=!.: 2i. 21)13 The Cit.:. of Niagara Fails i ),en St. P0 Box 10/3 Nla_z,ata Falls, ON ,r1Feji(15 .\.i.centicsiv Dean lorfida, City C. ierik lji.,oliary Club of 1\0ttgara Fails Sunrise Rilofest and BBQ tune 14, 5, and i 2C13 Bear Dean. i;Jsi.ary C1i.th of Niagara FiTalls Sunrise, Rest and BBQ sOMM it-tee respeietfialh/ ask The City iel'Niagara Faris ijed are eur ;al Asal Ribirest a iCommunity Event, to he h&c! June 14i.2, 15 ,:h and 15th at Optimist Hall 20 Park. nave been sent to the Fire Department, Health. Denaend arc. Police Depariiment There are no sianned site o an from 2012. jjlite R.-diary sf Niagara Falls Ribirest committee is icokirtg forward to ,-..-r,f,?,rtt that provides fun and t for all. Our event is to is ilnds that go back into the Cor uiC San suc.h projects as Project Shane, -louse. (iC 'Foundations, Heart. 'Niagara, and the iSciacci Breakfast rag :lame pre n rot-mai:ion is required, oiease tc contact at at 31)15 isr -, Lazord\vr0htltd,com. you 2j ssst;inca and suotcorii. isf oar event: scoL of the 21 ! 3 RiPijesi Committee 0415-55 1-.2432 .rialtaordonwrightlt.d.cotiJ 5235 Don Muria St. 'lla!,ara. Falk, Cl\i Lt1 ki* s ran ictous pOVry 0'N,u+ NYWM FALL{ fi,VEBR4)1/4e1.` �000 10 Niagara Falls 4481 Queen Street, Niagara Falls ON L2E 2L4 P: 905 - 356 -5444 F: 905 - 356 -5667 www.springlicious.ca April 18, 2013 His Worship Mayor Diodati and Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Members: Celebrate Old Downtown Community Corp. is a not - profit organization created by the Downtown Board of Management to promote the downtown core through events. Celebrate Old Downtown is planning a number of street events throughout the 2013 year. We will be starting this year with Springlicious, as it was our most successful event of last year. We are requesting that the City of Niagara Falls declare this event on May 315t, June 1st and 2nd, 2013 "municipally significant ". We would like to request the relief of cost associated with the following: Street Closing We are requesting permission to close Queen Street from Zimmerman Avenue to the Buckley Ave and Valley Way from Queen Street to Huron Street. We will also require all side streets leading onto Queen to also be closed to ensure Queen Street becomes a pedestrian only area. We would like the closure to commence Thursday May 30th at 6 p.m. through Sunday June 2'd until 7p.m. thereby allowing enough time for set -up and teardown for the event. We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Stages We would like to put the main stage at the corner of Erie Avenue & Queen Street on Queen beside the old Roseburg property. The stage will be operating until 11:30 p.m. Friday May 315t, Saturday June 1St and until 6:00 p.m. on Sunday June 2nd, provided that permission has been granted. To accommodate the main stage, we are requesting the use of the hydro hook -ups near City Hall to power equipment, and request the noise by -law be extended from the 9:00 p.m. to 11:30 p.m. for the Friday and Saturday nights. We are going to have a second stage that will be placed at the intersection of Crysler Ave and Queen Street on Crysler. This stage will be used only for smaller scale bands and children's entertainment. This area will be operational during a similar time as the main City Hall Stage. 1 of 3 rw SpringI!cou,s, 0BRq)„ ,e(\ Or �� ��OWfft� ^Vragara Falls 4481 Queen Street, Niagara Falls ON L2E 2L4 P: 905 - 356 -5444 F: 905 -356 -5667 www.springlicious.ca Cleaning Celebrate Old Downtown and the Springlicious Committee would like to request that the City assist us with a sweeping of the street late at night on the Friday, Saturday and Sunday nights. Water Hook -ups Last year we used the fire hydrant on the corner of Ontario Avenue and Queen Street to supply the food vendors with fresh running water to their booths. This year we would like to again, request the use of the hydrant, and a second location on corner of Queen Street and St. Clair Avenue with the City installing a multiply line water hook -up on each hydrant. Washrooms There will be 14 portable washrooms on site, 4 of the units will be handicap /childcare accessible, plus 4 hand washing stations. There will be 4 in the city hall courtyard and the remaining 10 units will be spread out throughout the event venue. There will be a contractor with a pumping truck on site throughout the event to maintain the units. We request that City Hall bathroom be open during the event as well. Parking Permits During the event, vendors and event goers will be occupying all parking spaces on Queen Street and the organizers respectfully request that the City waive any costs for metered parking spaces for the duration of the event. Health Regulations There will be numerous food vendors at this event as it is a food festival. All food vendors will have to submit a completed Niagara Regional Public Health form with their Vendor Application upon being approved to participate in our event. Insurance Niagara Falls Downtown Board of Management will have event insurance in place, as required under the City Special Events Policy. Food Vendor Licensing Fees Celebrate Old Downtown would like to also request all that food vendor fees be waived since this is an event to promote the Downtown core and as a not for profit organization we will be using the raised monies for the ongoing revitalization of the area. Fire Safety The event coordinators Beth McMillan & Nemanja Kuntos, will meet with the Fire Department to discuss any of their concerns about the event, such as cooking, laneways, electrical and water lines. 2 of 3 Springlicious G.k,EBRq�e� O •C� � !O 1� Niagara Falls 4481 Queen Street, Niagara Falls ON L2E 2L4 P: 905 - 356 -5444 F: 905 -356 -5667 www.springlicious.ca Emergency Access A minimum of 20 feet in width shall be maintained between all tents, objects, booths, fencing, etc., so as to ensure that in the occurrence of an emergency, the roadway may be opened and emergency vehicles shall have access to the entire closure area. Security There will be a private security company on site; as well as, Niagara Regional Police presence. Beth McMillan Chairperson Celebrate Old Downtown 3 of 3 1 1-1 L EAT • SHOP • EXPLORE Nemanja Kuntos General Manager Office: 905- 356 -5444 Fax: 905- 356 -5667 E -Mail: gm @niagarafallsdowntown.com April 18th, 2013 His Worship Mayor Jim Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: Downtown Board of Management / the BIA — 2013 Budget Request The Downtown Board of Management (BIA) Board of Directors has proposed an increase in the BIA budget for Queen Street. On Friday, February 1, 2012 the BIA sent out by mail and hand delivery notice to all our members of the Annual General Meeting for the BIA. Included in the notice was the mention that the BIA is proposing an increase in the BIA levy. On Wednesday, February 27, 2013, the BIA held its Annual General Meeting. The meeting was well attended by property and business owners. During the annual meeting a presentation was made to all members giving insight why the BIA Board of Directors felt that it was extremely important that the BIA increase its budget for 2013. The new budget passed with very broad support. We look forward to the continuation of this amazing revitalization that will see our downtown turned into a great local's downtown, for all the citizens of Niagara Falls to be proud of. The BIA and its membership are very grateful for the continuous support we have received from the City of Niagara Falls. We look forward to working closely with the city in the future. Yours sincerely, Downtown Board of Management DOWNTOWN BOARD OF MANAGEMENT 4660 Queen Street, Niagara Falls, Ontario, Canada L2E 2L8 www. niagarafallsdowntown.com Dave Govan Chair CU biJ MW� to CO V) 7--1 C,7 rDs N O O Lr O 1.1) b9- ;45,000.00 M CO r4 O 1-1 L r M bg N Z) `O M d" r-I r-1 -EA- O O O O O O 71-" {�} 80'OLZ`OOZ� 4 O O O O O O M O O O O CO M (NI O O O O O O M O O O O O O d" 00'00Z`9E O O O O O to -Ft} O O O O O O Z) i k � fl lF Beautification [vertising Events Wages perational Costs Clawback Reserve Fund Dean Iorfida From: Dean Iorfida Sent: Tuesday, April 23, 2013 5:13 PM To: 'maserace @yahoo.com' Cc: 'blueberrysteak @hotmail.com'; 'mariepmiddlemiss @yahoo.com' Subject: Re: council I'll bring forward the request to our next meeting. From: Jay Mason [mailto:maserace @ yahoo.com] Sent: Wednesday, April 17, 2013 02:24 PM Eastern Standard Time To: Dean Iorfida Cc: ben newell <blueberrysteak @hotmail.com >; marie middlemiss <mariepmiddlemiss @yahoo.com> Subject: council Can we ask council for their approval to waive City setup fees for the annual Run for the Docks on June 30, 2013...thanks JAY MASON maseRace 4230 Front Street Niagara Falls, Ontario Canada L2G 6G8 This e -mail contains information intended only for the use of the individual(s) or entity(s) named above. If the reader of this e -mail is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, any dissemination, publication or copying of this e -mail is strictly prohibited. 1 :joct, Niagarapitys City of Niagara Falls Office of the Mayor Proclamation Whereas, public works services provided in our community are an integral part of our citizen's everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, sidewalks, roads, bridges, parks, cemeteries, public buildings, and solid waste collection; and Whereas, the health, safety and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and Whereas, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. Now, therefore, I, James M. Diodati, Mayor of the City of Niagara Falls, do hereby proclaim the week of May 19th, 2013 as "National Public Works Week" in the City of Niagara Falls, Ontario, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and Seal of the City of Niagara Falls 2013 this 14th day of May. Mayor James M. Diodati SH s �►►itt91 Spina Bifida & Hydrocephalus Association of Ontario Honourary Patron Hon. David C. Onlev Medical Advisory Board Chair - Jame.. Drake r; ('- t(irhae/ U. Cirsimuno..' !i' tfanreen D. nnr.c. iandrine de Ribanpferre..l22 Ruth Donnelly. N: -. S!:/e G. Johnston. '; . hhava 6. hulkarni. Dr yuh+�c Llohammed, • lm/r i Aeu) •Gl L Ltrianna Ramer 11. Pat e rerrien Chur.h t/nhae/ f- ussilt�.0 /i. �iGr rrcrc itr991 Nest ° D Box ' i13 Thrortc Jntaro vMSV 3E" crcvincal ©sbnac -on. ;a rrww sbnaa.or ca ,vww fclicac,d ca T 1'6- "73.1: 56 • iec -:x7 F we. ,haritacle Reglsirxt .r April 30, 2013 Mayor Jim Diodati City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, We are requesting the City of Niagara Falls consider proclaiming June, Spina Bifida and Hydrocephalus Awareness Month, to help raise awareness of these life long, neurological conditions. Enclosed please find a sample proclamation for your convenience. The Spina Bifida and Hydrocephalus Association of Ontario (SB &H), a registered charitable organization is proud of its 40 year history of delivering programs and services that improve the quality of life of children, youth and adults with spina bifida and /or hydrocephalus through research, awareness, care and advocacy. SB &H is working to inform the public through our education campaigns: Folic Acid It's Never Too Early, an important message for all women of child bearing age and women in high risk groups. SB &H promotes the benefits of folic acid in reducing the incidence of neural tube defects, such as spina bifida, by as much as 70 %. Normal Pressure Hydrocephalus (NPH), a neurological condition that affects adults 55 and older. This little known form of hydrocephalus is often misdiagnosed as Alzheimer's or Parkinson's Disease. When NPH is detected early symptoms may be partially or fully reversed. Thank you for considering our request. Sincerely, Joan Booth Executive Director Encl. WHEREAS WHEREAS WHEREAS WHEREAS SAMPLE PROCLAMATION the Spina Bifida and Hydrocephalus Association of Ontario serves people with spina bifida and hydrocephalus, their families and the public; and Health Canada has proclaimed June as Spina Bifida and Hydrocephalus Awareness Month; and there are many people who are not aware of the Association or that it offers support, information and education programs and funds research to find ways to prevent and treat these conditions; and the Association encourages all Ontarians to learn more about these conditions and to appreciate the challenges faced by individuals affected by them, therefore BE IT RESOLVED That the hereby proclaims the month of June to be SPINA BIFIDA AND HYDROCEPHALUS AWARENESS MONTH in the and I urge all citizens to give full consideration and attention to the Spina Bifida and E- Iydrocephalus Association of Ontario for their work on behalf of those with spina bifida and hydrocephalus and their families. Signature Date Dean Iorfida From: Jim Diodati Sent: Wednesday, April 17, 2013 9:55 AM To: Sarah Conidi; Dean Iorfida; Teresa Fabbro Subject: FW: Canada: World Oceans Day in Canada From: World Oceans Day Canada [mailto:Debbie.A @Shaw.ca] Sent: Tuesday, April 16, 2013 8:50 PM Subject: Canada: World Oceans Day in Canada Honorable Mayors, Reeves, Chairs Re: WORLD OCEANS DAY Dear Honorable Mayors. Reeves and Chairs; As you are aware, Canada played a key role in the United Nations declaration of June 8th as World Oceans Day each year and all of our waterways in Canada are connected to our oceans. Please remember oceans generate 80% of our oxygen. The theme this year is "Together we have the power to protect the ocean!". WORLD OCEANS WEEK CANADA asks you to take a leadership role in your community by: 1. Encouraging your residents to a) Help our oceans and waterways by reducing their personal water usage b) Help our marine life recover by avoiding sea foods on the endangered list c) Keep the shores of our streams, rivers, lakes and oceans free of debris d) Reduce their emissions and personal carbon footprint Proclaiming June 1st to 8th World Oceans Week in your city (wording below) We will post your Proclamation on World Oceans Day Canada website; please email the pdf tile. Thank you. Together we can make a difference now and for future generations. Sincerely, Debbie White Founding Board Member www, WorldOceansDay.ca Cell 866 669 -9758 Debbie WorldOceansDay.ca Proclamation Sample for Mayors World Oceans Week June 1st to June 8th In Recognition of World Oceans Day Awareness 1 Whereas, in 2009 the United Nations proclaimed June 8 to be World Oceans Day each year around the world; and Whereas, since 1992 Canada played a key role in the United Nations recognizing World Oceans Day; and Whereas, World Oceans Week Canada was founded to encourage all Canadians to honour, celebrate, protect and preserve our waterways and oceans as well as the habitat along and in our waterways and oceans where 80% of the oxygen we breathe is generated; and Whereas, World Oceans Week Canada has designated June 1st to June 8th as World Oceans Week in Canada; and Whereas, World Oceans Week Canada urges all Canadians to take action to conserve water, preserve waterways and shorelines, reduce emissions, reduce their carbon footprint and protect the habitat along and in our waterways; and Whereas, World Oceans Week Canada urges all Canadians to help our marine life recover by avoiding sea foods on the endangered list ; and NOW THEREFORE, I, Mayor ..... of , by virtue of the authority vested in me as Mayor of the City of , do hereby proclaim June 1st to June 8th as World Oceans Week in our city and encourage the residents of to actively conserve, preserve and protect our waterways, oceans and habit IN WITNESS THEREOF, I have set my hand and caused the Seal of the City of to be affixed this ..... day of 2013. Mayor 2 i9 Nj Alr Jumpstart Bon depart April 15, 2013 His Worship Jim Diodati Mayor of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, Canadian Tire Jumpstart is a community -based charitable program that helps financially disadvantaged youth participate in organized sport and recreation. Since 2005, we are proud to say that we have helped more than 565,000 kids across the country get invoived in 73 different sports such as hockey, soccer, swimming and ballet. On May 25, 2013, Jumpstart will hold its fifth annual "Jumpstart Day" which is a national campaign to raise awareness that one in three families struggle to include their children in organized sport and recreation and to help children across Canada get off the sidelines and into the game. Importantly, 100% of customer donations to Jumpstart stay within the very same community. Canadian Tire Dealers are also an important part of Jumpstart's work in the community and our fundraising efforts. On May 25, we expect more than 250 Canadian Tire stores across the country will organize events that range from charity BBQ's to hockey demonstrations to raise funds for their local Jumpstart Chapter. Our Chapter network includes partners such as Boys and Girls Clubs, YMCA/YWCA, and Parks and Recreation. It is through these groups that Jumpstart provides financial support and helps off -set registration fees, transportation and equipment costs. To promote the May 25 events, we are soliciting support from municipal, provincial and federal governments to proclaim "Jumpstart Day" in communities across the country. Last year, your community was supportive of this initiative and we would be honoured to have you do so again. We would also like to know if you would be open to either participating in your local Jumpstart Day celebration at the Canadian Tire store or doing a photo -op at your office with our local Dealer. Attached is a draft proclamation that could act as the template for a municipal proclamation or a Ministerial / Member Statement in your legislature. For more information, please contact Matthew Mackenzie, at matthew.mackenzie(acantire.com. Thanks in advance for your support and interest. Sincerely, R. Mislay Presid z nt Cana • an Tire Jumpstart Charities CANADIAN TIRE JUMPSTART CHARITIES 2180 YONGE ST., P.O. BOX 770, STATION K, TORONTO, ONTARIO M4P 2V8 Jumpstart Bon depart. DRAFT Proclamation May 25, 2013 OPTION 1 (Federal / Provincial) WHEREAS One in three Canadian families cannot afford to involve their children in sport or recreational activities; WHEREAS Jumpstart believes all kids should have the chance to run, skate, play, grow and participate in organized sports and recreation such as hockey, dance, swimming, and basketball so they can develop important life skills, self esteem, confidence; WHEREAS Canadian Tire Jumpstart helps kids in financial need participate in organized sport and recreation with 100% of customer donations going directly to kids in this community; WHEREAS Since 2005, Canadian Tire Jumpstart has helped more than 565,000 kids across Canada participate in organized physical activities including 1,429 kids here in the Niagara Falls Chapter; WHEREAS Jumpstart Day is a day dedicated to raising awareness across Canada so all kids can play; NOW THEREFORE, be it resolved that this Legislature hereby proclaims May 25, 2013 as "Jumpstart Day" to give kids a sporting chance OPTION 2 (Municipal) WHEREAS One in three Canadian families cannot afford to involve their children in sport or recreational activities; WHEREAS Jumpstart believes all kids should have the chance to run, skate, play, grow and participate in organized sports and recreation such as hockey, dance, swimming, and basketball so they can develop important life skills, self esteem, confidence; WHEREAS Canadian Tire Jumpstart helps kids in financial need participate in organized sport and recreation with 100% of customer donations going directly to kids in this community; WHEREAS Since 2005, Canadian Tire Jumpstart has helped more than 565,000 kids across Canada participate in organized physical activities including 1,429 kids here in the Niagara Falls Chapter; WHEREAS Jumpstart Day is a day dedicated to raising awareness across Canada so all kids can play; NOW THEREFORE, I, Mayor XXXXX, on behalf of XXXXX City Council, do hereby proclaim May 25, 2013 as "Jumpstart Day" to give kids a sporting chance. CANADIAN TIRE JUMPSTART CHARITIES 2180 YONGE ST., P.O. BOX 770, STATION K, TORONTO, ONTARIO M4P 2V8 May 6, 2013 His Worship _Jim Diodati Mayor, City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, ON. L2E 6X5 Dear Mayor Diodati: Re: National Health & Fitness Day We write to invite you to work with the team at Z101.1 and 105.1 ED FM to enhance the health and fitness of the residents of Niagara Falls and all Canadians. To that end, I enclose a draft resolution that you can adapt or use to commit your Council to a national program that unites you with other local governments to promote increased participation in physical activities in communities across Canada. Our radio stations will be broadcasting announcements on -air to help raise awareness of the National Health and Fitness Day, and encourage our listeners to participate at local events. Councils which have endorsed the concept have taken different approaches. Some have simply proclaimed the day (the first Saturday in June) to raise awareness of the importance of increasing physical activity; others have encouraged use of their local fitness facilities by reducing or by waiving admission fees; some have done both. In any case, endorsement of the concept should ultimately generate revenues as it drives up participation rates and helps promote our common interest in encouraging Canadians to live healthier lifestyles. In addition, some local governments have leveraged their support by notifying the Federation of Canadian Municipalities. Should FCM receive sufficient support, it will add its endorsement to that of the Canadian Medical Association and other organizations. A draft notice is enclosed, along with a draft notice to the office of MP Weston, who is monitoring the results from Coast to Coast and who has introduced the National Health & Fitness Day Private Member's Bill. Thank you for the consideration to promote health and fitness in Niagara Falls and joining the initiative across Canada. I look forward to hearing from the City's parks and recreation staff to discuss a Public Relations program to create positive exposure and encourage community involvement on local events. Kindest regards, Wendy Gray General Manager Z 101.1 / 105.1 ED FM 905 - 356 -6710 ext 229 Paul Carfagnini General Sales Manager Z 101.1 / 105.1 ED FM 905 - 356 -6710 ext 230 Enclosures: Draft resolution, Notice to FCM and to John Weston, M.P. Draft resolution to proclaim: NATIONAL HEALTH AND FITNESS DAY WHEREAS: Canada by nature offers abundant recreational and fitness opportunities through such things as our mountains, oceans, lakes, forests, parks, and wilderness; We as Canadians could therefore be the healthiest and fittest people on earth; Participation rates in healthy physical activities have been declining; We have public facilities to promote health and fitness; Canadians recognize the growing concern over chronic disease and other impediments to health and fitness; Health and fitness ought to be promoted for Canadians of all ages and abilities; The first week of June is Environment Week in Canada, and walking and cycling are great ways to reduce vehicle pollution and encourage physical fitness; and We all aspire to increase participation by Canadians in health, recreational sports and fitness activities; THEREFORE: We proclaim National Health & Fitness day in our municipality /district /regional district as the first Saturday in June; (Optional) As a step to increase participation and enhance the health of all Canadians, we commit to make our health, recreational sports, and fitness facilities available at a reduced or complimentary basis on National Health and Fitness Day; and In order to leverage the effect of our proclamation, we shall advise the Federation of Canadian Municipalities of our proclamation. m rn 0 -1 cn MW- 2013 -22 NiagaraJalls May 14, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2013 -22 Deerfield Neighbourhood Park (Phase 1) Tender Results & Update Contract #2013- 284 -12 RECOMMENDATION 1. The contract be awarded to the lowest bidder V. Gibbons Contracting Ltd. at the tendered price of $ 326,679.50 excluding HST. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Deerfield Neighbourhood Park is an 11 Acre Park located in the Deerfield Estates Subdivision, bordered by Forestview Boulevard, St. Michael Avenue and Glavcic Drive. The park is unique in that it contains a PSW (Provincially Significant Wetland) area within a mature wooded area that represents approximately 6 acres of the parkland block. Phase 1 of the park design includes the landscape development of the open (5 Acres) of the park block and would provide park amenities such as; an accessible neighbourhood park playground; asphalt paved park pathways; park signage; an asphalt paved hard surface playcourt; and tree planting. (Refer to attached Deerfield Park Design Plan). A Public Open House for Deerfield Park was held at the MacBain Community Centre on November 5th, 2012. Staff presented the park design Concept which was well received and endorsed by the residents. Deerfield Park is contained within the Westlane Community Planning District and connects to the overall Garner Recreation Trail system (refer to Westlane Community District Park Context Map). The Garner Recreation Trail system when completed will connect Mcleod Road / St. Michael High School north to Forestview Boulevard and Forestview Elementary School. The Garner Trail links with other parks in this neighbourhood namely Kalar Park, Garner Park, and Edgewood Park. Furthermore the Garner Trail will eventually link with the Warren Woods Subdivision Recreation Trail that has already been constructed as part of the Warren Woods Phase 1 Subdivision works. The Second Phase (Phase 2) of the Deerfield Park Development proposes to utilize the existing wooded area and PSW as a unique environmental education amenity for the park and would include a natural woodchip trail, interpretive signage, and a boardwalk over the May 14, 2013 - 2 - MW- 2013 -22 wetland. Staff have had prior discussions with the nearby schools, Forestview School and Loretto School, both have expressed interest in the potential environmental education benefit of Deerfield Park. BACKGROUND Tender #2013 - 284 -12 was called for the Landscape Development portion of the park (excluding the wooded area and wetland). Twelve (12) companies picked up the tender documents and five (5) compliant tender bids were submitted. The Tender submissions were opened in the presence of the Project Manager Jeff Claydon and City Clerk Dean Iorfida on Tuesday April 16, 2013 for the above noted contract. Listed below is a summary of the total tendered prices, excluding HST, received from the companies. Firm City Tender Price Corrected Bid 1. V.Gibbons Contracting Stevensville,ON 2. Touchstone Site Contractors Thorold, ON 3. Stevensville Lawn Service Stevensville, ON 4. Peninsula Construction Fonthill, ON 5. Alfidome Construction Niagara Falls, ON ANALYSIS /RATIONALE $ 326,679.50 $ 344,197.50 $ 359,233.00 $ 382,343.49 $ 384,947.00 $ 384, 494.99 The lowest tender was received from V. Gibbons Contracting in the amount of $326,679.50 excluding HST. This contractor has previously performed projects for the City of Niagara Falls, has past project experience in grading, servicing, and similar construction works, and is recommended for this contract. FINANCIAL IMPLICATIONS City Council approved the development of Deerfield Park in two phases. In 2012, $250,000 was approved, while in 2013, another $195,000 was approved. The funding for the park is expected to be from Development Charges in the amount of $400,500 (90 %) with the balance transferred from operating allocation to capital. There is adequate reserves for the use of Development Charges and the amount has been identified in the City's Development Charges Continuity Schedule. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's strategic priorities; 1. To enhance economic vitality 2. To invest in infrastructure 3. To promote a healthy and safe community May 14, 2013 LIST OF ATTACHMENTS - 3 - MW- 2013 -22 1. Deerfield Park Development Design Concept Plan 2. Westlane Community District - Deerfield Neighbourhood Park Context Map Recommended by: Respectfully submitted: Jeff Claydon Geoff Holman, Director of Municipal Works Ken To , Chief Administrative Officer )° 2\ \o«� k` ¢� )\ z 55() = \\k\\ 3G Em \\§[ §£ƒ\c; °E ®} 3@`) 7 / \G�u 0§ }& 5 §(R i3}R(al Qo 1-- CO cok w =mom, . u o u < � & z % �\ ��u' ��\\ ) } { emu k z!!% °5 \> o - \ • ., / • • \ E\§ ST MICHAEL AVE � ) MW- 2013 -22 Attachment #2 WESTLANE COMMUNITY DISTRICT Deerfield Neighbourhood Park Context Niagaraf;ll,s PUBLIC OPEN HOUSE DEERFIELD NEIGHBOURHOOD PARK DEVELOPMENT Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2013 -23 Contract #2013 - 294 -13 Prince Charles Park Improvements Project MW- 2013 -23 May 14, 2013 RECOMMENDATION 1. That the tender from Touchstone Site Contractors Inc. (650 Allanburg Road, Thorold ON. L2V 1A8) for the Prince Charles Park Improvements Project in the amount of $133,279.25 (excluding HST) be approved. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That the 2013 Approved Capital Budget Expenditures be amended by the additional $30,000 for a total expenditure of $536,000. The addtional expenditure is being funded from available funds in the Public Purpose Reserve. EXECUTIVE SUMMARY This contract is necessary to complete major maintenance upgrades to the play spaces at Prince Charles Park. Work will include playground area refurbishment, concrete curbing, asphalt paving, tennis court rehabilitations with new basketball goals, drainage work and related landscaping. Staff is recommending Contract #2013 - 294 -13 Prince Charles Park Improvements Project be awarded to the low bidder, Touchstone Site Contractors Inc. The contract value is within overall budget forecasts. Fifty percent (50 %) funding for the approved budget is provided by the Federal Government through the Community Infrastructure Improvement Fund. Due to new requirements from the Niagara Region Public Health Department, an ultra- violet (UV) light water treatment system for the recirculating spray pad system. The budget for a compliant UV light water treatment system is $30,000.00. BACKGROUND Through the 10 year needs assessment, the requirements of major maintenance upgrades to the play spaces at 37 parks were identified. The priority timing of improvements was determined by physical inspections of these parks based on a number of factors including compliance with CSA play space standards. From these inspection findings, the play spaces at Prince Charles Park were determined to be the priority for 2013. May 14, 2013 - 2 - MW- 2013 -23 As part of the improvement plans, City staff conducted a public consultation process to engage the local park users with the proposed project. City Staff held a public information centre on Thursday, March 7, 2012 at MacBain Community Centre. This public information centre provided an opportunity for public to see the proposed project plans and provide feed back on important details of the plans. This gave City staff a better understanding of the park use and allowed fora better tailored park design. In addition this meeting gave the public a voice in determining the new playground equipment. Based on feedback received from the public information centre as well as subsequent public comments, City staff developed plans to meet the needs of the park users as well as the long term maintenance of the parks. Refer to attachment #1 for the site improvement concept plan. The redevelopment of Prince Charles Park will include; the conversion the existing wading pool to an automated recirculating spray pad (RFP19 -2013, MW- 2013 -16), replacement of the playground area, installation of new playground equipment (RFP9- 2013), refurbishment of the tennis courts along with new basketball hoops, the replacement of the existing outdoor pool liner (RFQ24- 2013), a new shingle roof on the pool building (RFQ21- 13), accessible pathways, a picnic area and related landscaping. ANALYSIS /RATIONALE A contract is necessary to facilitate the redevelopment of Prince Charles Park. Work will include playground area refurbishment, concrete curbing, asphalt paving, tennis court rehabilitations with new basketball goals, drainage work, picnic area and related landscaping. A tender call was issued for the project on April 2, 2013 with the closing on April 16, 2013. Seven (7) bidders responded to the call. Staff completed a thorough review of each bid and found the bid submitted by Touchstone Site Contractors Inc. for the amount of $133,279.25 (excluding HST) was the lowest bid and met all necessary requirements. City staff have recently been made aware of a new requirement from the Niagara Region Public Heath Department that all new recirculating spray pads shall treat the water with UV light in accordance with standard NSF55A. Prior to this new requirement from Niagara Region Public Health Department, City of Niagara Falls spray pads have been designed and operated within the 2010 Ministry of Heath guidelines which do not require the water to be treated by UV light. To ensure compliance with the Niagara Region Public Health Department requirements a suitable UV light water treatment system is needed. The anticipated cost for this unit has been estimated at $30,000.00. To date the Niagara Region Public Heath Department has not instructed us to retrofit our other recirculating spray pad at F.H. Leslie Park with a UV light water treatment system. FINANCIAL /STAFFING /LEGAL IMPLICATIONS This project was approved in the 2013 Capital Budget with an expenditure level of $506,000. The tender proposed in this report is within the expenditures approved except for the additional $30,000 required for the UV light water treatment system. An amended May 14, 2013 - 3 - MW- 2013 -23 budget sheet is provided with this report, showing the additional expenditure. The funding for the additional work will come from Public Purpose Reserve. It should be noted that a substantial amount of the funding is being provided by the Federal government through the Community Infrastructure Fund. 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. Site Improvement Concept Plan 2. Tender Summary 3. Amended 2013 Capital Budget Sheet Recommended by: v � Geoff Holman, Dirdctor of Municipal Works Respectfully submitted: Geoff Holman /David Antonsen Ken Todd, j Chief Administrative Officer . UJ 1- 2: LU UJ > 2: C) X 5-2 CL 2 L.- 1-1-1 X 0 r. CITY OF NIAGARA FALLS. MUNICIPAL WORKS MW- 2013 -23 Attachment #1 )9-1/4 NiagaraFalls CITY OF NIAGARA FALLS TENDER SUMMARY CONTRACT 2013 - 294 -13 PRINCE CHARLES PARK IMPROVEMENTS MW- 2013 -23 Attachment #2 DATE: 4/12/2013 ENGINEER'S ESTIMATE: $ 140,000 CONTRACT TIME: TENDER DEPOSIT: $ 7000 - - -- ADDENDUMS ISSUED: 1 FIRM TENDER PRICE CORRECTED BID Van Egmond Electric Phone: 905 - 682 -8436 - - -- ---- Fax: 905-684-8436 Stolk Construction Phone: 905- 834 -0922 - - -- --- Fax: 905- 834 -5285 Lawns & More Phone: 905- 894 -8054 - - -- --- Fax: 905- 894 -9120 Peter's Landscaping Phone: 905 -651 -3457 - - -- --- Fax: 905- 732 -5782 Touchstone Contractors Phone: 905- 685 -3864 $133, 279.25 Fax: 905- 685 -9975 Steele Contracting Phone: 905- 894 -4715 $161, 895.50 $161, 867.50 Fax: 905- 894 -5207 Stevensville Lawn Services Phone: 905- 382 -3536 $147, 536.00 $147,296.00 Fax: 905- 382 -3580 Alfidome Construction Phone: 905- 371 -1701 $167, 013.00 Fax: 905 -371 -1744 Peninsula Construction Phone: 905 -892 -2661 $159, 580.36 Fax: 905-892-4692 Ducheron Construction Phone: 905- 327 -6302 ---- Fax: 905 -871 -1111 Belchior Contracting Phone: 905- 935 -3343 ---- Fax: 905- 935 -8557 Cedar Springs Phone: 905- 648 -7947 $184, 079.50 Fax: 905-648-8886 Peter's Excavating Phone: 905- 991 -1313 $154, 938.00 Fax: 905- 382 -1603 Phone: Fax: S 11. Capital and Current Projects129413 Prince Charles Park Improvetnents \Tender Summary.wpd MW- 2013 -23 Attachment #3 Capital Budget Worksheet 2013 Department Parks Project Name Prince Charles Park Improvements Project I.D. # AMENDED Priority (1 -3) Included in 10 year Capital Plan (y /n) Project Description Replace aging infrastructure within park. The scope of work includes; Replacement of playground area (CSA), conversion of wading pool to spray pad, refurbishment of tennis courts, Installation of outdoor pool finer and replacement of pool building roof. Opening Balance-Jan 01 (surplus) /deficit EXPENDITURES Engineering Fees /Design /Studies Land/Building /Furniture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers SiteworkfLandscaping Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial /Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus) /deficit YEAR 2013 YEAR 2014 YEAR 2015 YEAR 2016 YEAR 2017 25,000 10,000 471,000 30,000 536,000 230,000 53,000 253,000 536,000 MW- 2013 -25 Niagaraj7alls May 14, 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 -25 Confirmation and Amendment Agreement Niagara Region /Town of Niagara -on- the - Lake /OPG Niagara Tunnel Project RECOMMENDATION That the terms and conditions set out in the Confirmation and Amendment Agreement for the Niagara Tunnel Project be approved and further that the Mayor and Clerk be authorized to execute all necessary documentation. EXECUTIVE SUMMARY The Niagara Tunnel project is nearing completion and one of the outstanding issues involves the allocation of funds set aside by Ontario Power Generation Inc. (OPG) to be used to mitigate the impact of construction. To date, the Region has used about 74% of this funding to reconstruct Stanley Avenue from Highway 405 to Whirlpool Road. The Region wishes to use the balance of the funding to reconstruct and rehabilitate Stanley Avenue between Thorold Stone Road and Whirlpool Road. This section of roadway was not identified in the original Transportation Impact Management Program (TIMP) however OPG has agreed to release the balance of funds for this specific purpose. In exchange for the release of these funds the parties agree to discharge OPG from any and all further obligations under the TIMP. The purpose of this report is to seek Council's authorization to the terms of the Amending Agreement which will ensure the funding originally allocated to mitigate the impact of construction is appropriately spent within the municipality. BACKGROUND Ontario Power Generation Inc. (OPG) entered into a Community Impact Agreement (CIA) with the Niagara Region, City of Niagara Falls and Town of Niagara -on- the -Lake in 1993 when the Niagara Tunnel Project was first announced. As the scope and schedule of the project was refined by the proponent an amending agreement was signed in August of 2005. Attached are copies of the Community Impact Agreement, Amending Agreement and Draft Confirmation and Amendment Agreement for your reference. May 14, 2013 - 2 - MW- 2013 -25 This agreement established funding which was to be used to fund those capital improvements to roadways that were impacted by the additional truck traffic and heavy equipment usage on the road system around the project site. This payment was to be set - aside in a reserve and allocated to fund the projects identified in the Transportation Impact Management Program (TIMP) established by the CIA. The road sections that were identified in the TIMP fell under the jurisdiction of the Region and as such no funding has been allocated to the other partners of the CIA. To date, the Region has used approximately $3,185,770 to make the necessary improvements to Stanley Avenue primarily between Highway 405 and Whirlpool Road. This leaves a balance of $1,123,230 remaining in the reserve to fund any additional works. The Region is planning to use the remaining funds to undertake needed improvements to Stanley Avenue between Thorold Stone Road and Whirlpool Road and, despite not being part of the original TIMP, OPG has agreed to the use of these funds for this purpose. Both parties agree that the remaining amount may still be insufficient to cover the actual cost. ANALYSIS /RATIONALE Staff have closely monitored the impacts of construction and have actively participated in the Liaison Committee. The terms of the original agreement would have required the Region to refund the unspent funds. In the spirit of cooperation and to bring closure the Amending Agreement represents an adequate compromise for all parties. FINANCIAL IMPLICATIONS There are no financial impacts affecting the City of Niagara Falls. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's Strategic Initiative to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. None. Recommended by: Respectfully submitted: Geoff Holman Geoff Holman, Di'rector"of Municipal Works Ken Todd Chief Administrative Officer PBD- 2013 -26 NiagaraFalls May 14, 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 -26 Commercial Building & Facade Improvement Grant Application CB &FIG- 2013 -004, 2268321 Ontario Inc. (Fred Procopio) 4238 -4240 Bridge Street RECOMMENDATION 1. That Council approve the Commercial Building Improvement Grant Application for 4238 -4240 Bridge Street in the amount of $10,000, subject to the owner satisfying the program requirements including obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported for the following reasons: the proposed commercial building improvement work complies with the City's grant program; the funding will assist in improving the safety of the building; and funding for the City's portion of the grant is available in the Special Purpose Reserve of the Downtown CIP. The approximate unencumbered balance remaining after funding this grant will be $394,875. BACKGROUND The subject property is located at 4238 -4240 Bridge Street. The building was used previously as a bar and hotel. The property has undergone extensive renovations over the past year and a half. The owner was approved for a facade improvement grant and residential loan in 2011. The facade improvement has been completed and a total of18 new apartments have been constructed. The owner has been requested by the Fire Department to sprinkler the building. As a result of this request, the owner has made application for a building improvement grant under the Commercial Building & Facade Improvement Grant Program. The applicant has utilized the facade portion of the grant application and is still eligible for the building component. The sprinkler system for the building will cost approximately $35,000. The maximum grant available for the building component is $10,000. May 14, 2013 - 2 - PBD- 2013 -26 For this application, the owner will be required to satisfy all the requirements of the incentive program including the application for any necessary permits. FINANCIAL IMPLICATIONS The funding of the grant will come from the Downtown CIP Special Reserves. This reserve has been established to provide funding for the City's expenses related to non interest loans, and for qualified grants. The balance remaining as of May 1st is $404,875. There are sufficient funds available for the grant considered this evening. The successful approval of the recommended grant will result in an unencumbered balance of $394,875 moving forward. Downtown CIP Special Purpose Reserve Continuation Schedule Approximate balance unencumbered as at May 1, 2013 $ 404,875 Less: CB &FIG - 2013 -004 - $10,000 Balance Remaining $394,875 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. Recommended by: Respectfully submitted: B.Bolibruck Attach. hi Iu Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -26, CB &FIG - 2013 -004, Fred Procopio.wpd May 14, 2013 - 3 - APPENDIX 1 PBD- 2013 -26 PBD- 2013 -35 Niagaraalls May 14, 2013 C .\ V 1 U 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 -35 Commercial Building & Facade Improvement Grant Application CB &FIG- 2013 -005, New City Properties Ltd. (Gary Dixon) 4600 Queen Street RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4600 Queen Street in the amount of $19,000, subject to the owner satisfying the program requirements including obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the grant agreement. EXECUTIVE SUMMARY The application can be supported because: • the proposed facade and commercial building improvements comply with the City's grant program; • the funding assists in improving the appearance and structural component of the building in the Downtown; and • funding for the City's portion of the grant is available in the Special Purpose Reserve of the Downtown CIP. The approximate unencumbered balance remaining after funding this grant is $375,875. BACKGROUND The subject property is located at 4600 Queen Street. The property contains a large one storey building that was used previously as a paint ball centre. The building has been renovated for use by Niagara Mobility which sells walkers, electric wheelchairs and other mobility equipment for people in need. The building is also to be used as a main office for the Niagara Mobility operations and the rear area of the building is used for equipment storage. The owner is requesting a facade grant for the improvements carried out to the front of the building including new stucco with aluminum facia accents, new signage and handicapped accessible front entrance door. New offices have been created inside the building with upgraded handicapped accessible washrooms, new ceiling and roof. The facade improvements are estimated to cost approximately $28,000. The applicant is eligible to receive 50% of this amount or $14,000. The Region will reimburse the City $5,000. May 14, 2013 - 2 - PBD- 2013 -35 The applicant is also requesting a grant under the Commercial Building component. These improvements will cost approximately $68,000. The applicant is eligible to receive 50% of this amount up to $10,000. The total grant will be $24,000. The City will fund $19,000 while the Region will fund $5,000. For this application, the owner will be required to satisfy all the requirements of the incentive program including the application of any necessary permits. FINANCIAL IMPLICATIONS The funding of the grants in this application will come from the Downtown CIP Special Reserves. This reserve has been established to provide funding for the City's expenses related to non interest loans, and for qualified grants. There is sufficient funds available for the application being considered this evening. The successful approval of the recommended grant will result in an unencumbered balance of $375,875. Downtown CIP Special Purpose Reserve Continuation Schedule Approximate balance unencumbered as at May 1, 2013 $404,875 Less: CB &FIG - 2013 -004 4238 -4240 Bridge Street - $10,000 CB &FIG - 2013 -005 4600 Queen Street - $19,000 Balance Remaining $375,875 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 - Photo showing Facade Renovation Recommended by: Respectfully submitted: B.Bolibruck Attach. &A, \JkA L-Y\ Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -35, CB &FIG - 2013 -005, New Properties Ltd.4600 Queen Street.wpd May 14, 2013 - 3 - APPENDIX 1 PBD- 2013 -35 May 14, 2013 - 4 - APPENDIX 2 PBD- 2013 -35 Niagaraaalls 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 -36 DB- 2013 -002 Deeming By -law Application North Side of Frederica Street Applicant:800460 Ontario Limited. Proposed Residential Development PBD- 2013 -36 May 14, 2013 RECOMMENDATION That Council pass the by -law appearing on tonight's agenda to deem Lots 60, 61 and 62, Plan 44, to no longer be within the registered plan of subdivision to eliminate the lot lines. EXECUTIVE SUMMARY The applicant has requested the City to pass a Deeming By -law under the Planning Act for Lots 60, 61 and 62, Registered Plan 44 to eliminate the lot lines and facilitate the intended development of semi - detached dwellings on the lands. The subject lands are zoned a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone (R4(H) -34) that permits the intended dwellings. The necessary deeming by -law is included in tonight's agenda. BACKGROUND Proposal The subject lands, are located on the north side of Frederica Street between Prince Edward Avenue and Glenholme Avenue. Refer to Schedule 1 for the location of the lands. The lands are part of the parking lot that formerly served the Stamford and Jack Bell Arenas. The lands are zoned site specific Residential Low Density, Grouped Multiple Dwellings R4(H) -34 by By -law No.79 -200, as amended. This zoning permits the property to be developed for one family detached, semi - detached and duplex dwellings or an apartment building. The owner wishes to construct semi - detached dwellings on the subject lands together with the balance of the parking lot. Although the subject lands have been used as one parcel, they consist of separate lots in a plan of subdivision. This creates zoning issues, as the proposed buildings straddle lot lines. Deeming the subject lands to no longer to be within the registered plan of subdivision will eliminate the lot lines and facilitate the intended development of semi - detached dwellings on the lands. Future consent applications will create the new desired lots. Refer to Schedule 2 for details of the buildings. May 14, 2013 - 2 - PBD- 2013 -36 A deeming by -law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by -law would eliminate the lot lines. CITY'S STRATEGIC COMMITMENT The proposal supports Council's strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: K1 Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S: \PDR\2013 \PBD- 2013 -36, DB- 2013 -002, 6570 Frederica Street.wpd May 14, 2013 - 3 - SCHEDULE 1 PBD- 2013 -36 May 14, 2013 - 4 - SCHEDULE 2 PBD- 2013 -36 255 (aaouJ (sr NY, J W / 3f N3A V Of7OHN37O _ 7N�A fl N G ¢ c $ < C7 O u. OL 101 55 - - - - 1 l gg;� 4ei9j %a;m o'i � �, b% e ��� ILg 10`/ `D5 nm m _7 �, ¢R mss A 1- 8Z f- Q 101 1(7,y4 101mi ST 5 <D �LCV1 0 -CZ— ,; a. 1 101 g ' m Oga r :4,10- E , . " g 101 ,�' 81 � �.d xaao ■ H b°J 1 Z101:-:,, R � F�C - Lg a B 2 _ px N M r� ‘a3 �aaeyn-1 eWgm T 101 °°� , 3 pS F c, • °lga . °, N d -- — 0� a� °As >o x.ax° g _ A" .. 2 00 U \, h a p2 CI —_— a �� m �$ r ^Y .4 '41z5-- eb N $ ■°.w §} 044 = fii 4 t — _ a3 QA. Cel Y' N4 1 i.._ 5 (f) 4 K. W r Q to I. s / \ NiagaraFalls REPORT TO: SUBMITTED BY: SUBJECT: PBD- 2013 -37 May 14, 2013 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PBD- 2013 -37 Matters Arising from Municipal Heritage Committee 2013 Designated Property Grant Application RECOMMENDATION That Council approve the alteration /restoration projects and grants for the following designated properties: (a) Mitchell Cottage, 3360 St. Patrick Avenue, owners Ron and Joan Brown for the structural repair of the log lintel and stucco exterior on the south wall; (b) Alexander Robinson House, 3289 St. Paul Avenue, owners Phil and Kym Cody for the cost of the accurate reproduction of 3 windows; (c) Egerton -Morton House, 6145 Corwin Avenue, owner Jon Jouppien for the reconstruction of storm windows; (d) Doran Marshall Burke House, 4851 River Road, owners Gary and Carolyne Burke, for the replacement of one half of the cedar shingles on the Coach House. EXECUTIVE SUMMARY At the April 24, 2013 meeting of the Municipal Heritage Committee, the following motions were adopted: That the Committee supports the following grant applications: The Mitchell Cottage, to a maximum amount of $2,500 - The Alexander Robinson House to a maximum of $2,817 - The Egerton -Morton House to a maximum of $1,925 - The Doran Marshall Burke House to a maximum of $2,000 BACKGROUND The Municipal Heritage Committee held its regular meeting on April 24, 2013 and considered four Designated Property Grant applications. The Committee was supportive of the applications as the proposed work was considered eligible under the Designated Property Grant guidelines. May 14, 2013 - 2 - PBD- 2013 -37 1. Designated Property Grant Application 3360 St Patrick Avenue, Mitchell Cottage An application was received from the owners of the above noted property for the repair of the log lintel and the stucco exterior of the south wall. The Municipal Heritage Committee supports this restoration project as the south wall is bulging from water entering the wall above the window and potentially causing the original log lintel to rot. The grant guidelines state that one half of the eligible costs of a project to a maximum of $5,000 will be paid to an owner. The estimated cost of this project is $5,000. Grant guidelines cap the amount of eligible costs at $2,500. The following motion was adopted by the Municipal Heritage Committee: "That the Committee has determined that the proposed work will not alter the reasons for designation and supports the application as submitted for one half of the cost to a maximum of $2,500.00 for the restoration of the south wall as it is necessary to prevent the collapse of the wall and to prevent further deterioration of the wall. " 2. Designated Property Grant Application 3289 St. Paul Avenue, Alexander Robinson House An application was received from the owners of the above noted property for the accurate reproduction of three windows. The Municipal Heritage Committee supports this window replacement as it is necessary to assist in preservation of the building and prevent further deterioration of the building. The grant guidelines state that one half of the eligible costs of a project to a maximum of $5,000 will be paid to an owner. The estimated cost of this project is $5,634. Grant guidelines cap the amount of eligible costs at $2,817. The following motion was adopted by the Municipal Heritage Committee: "That the Committee has determined that the proposed work will not alter the reasons for designation and supports the application as submitted for one half of the cost to a maximum of $2,817 for the accurate reproduction of three windows, one on the west wall and two on the south wall." 3. Designated Property Grant Application 6145 Corwin Avenue, Egerton Morton House An application was received from the owner of the above noted property for the re- establishment of storm windows on one half of the windows on the building. The Municipal Heritage Committee supports this project as it will assist in the preservation of the existing window sash. The grant guidelines state that one half of the eligible costs of a project to a maximum of $5,000 will be paid to an owner. The estimated cost of this project is $6,780 for seventeen storm windows. The owner has requested that he be funded for only one half of the windows at this time, so the cost of the project for 8 windows will be $3,390, meaning a maximum grant of $1,695. May 14, 2013 - 3 - PBD- 2013 -37 The following motion was adopted by the Municipal Heritage Committee: "That the Committee has determined that the proposed work will not alter the reasons for designation and support the application as submitted for one half the cost to a maximum of $1,695 for the re- establishment of 8 storm windows." 4. Designated Property Grant Application 4851 River Road, Doran Marshall Burke House An application was received from the owner of the above noted property for the replacement of one half of the cedar shingles on the roof of the Coach House. The Municipal Heritage supports this project as it will complete the replacement of all cedar shingles on the Coach House and will assist in the preservation and prevent deterioration of the building. The following motion was adopted by the Municipal Heritage Committee: "That the Committee has determined that the proposed work will not alter the reasons for designation and supports the application as submitted for the replacement of one half the cedar shingles on the Coach House." FINANCIAL IMPLICATIONS The 2013 Budget allocates $10,000.00 to the Municipal Heritage Designated Property Grants. The above grants represent, if used to the maximum, $9,242 of the funds allocated in the current budget year. LIST OF ATTACHMENTS ► No attachments. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: P. Boyle:pb Ken Todd, Chief Administrative Officer S: \PDR\2013 \PBD- 2013 -37, Matters Arising from MHC.wpd R &C- 2012 -09 NiagaraJalls May 14, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2013 -09 Allister Young Arts & Culture Endowment Fund 2013 Recipient RECOMMENDATION: That Council approve Lynzey Ruscitti as the 2013 Allister Young Arts & Culture Endowment Fund Recipient. EXECUTIVE SUMMARY The Allister Young Arts & Culture Endowment Fund is awarded annually to one Niagara Falls resident in any creative arts field. The Arts & Culture Committee received several applications for the award. After careful review and consideration Lynzey Ruscitti was recommended as the 2013 recipient. BACKGROUND In 1997, Mr. Allister Young donated a 1932 Ford Roadster to the Arts & Culture Commission (now the Arts & Culture Committee). The Commission raffled the car off and the money raised from the sale of tickets was used to support the Young Family Endowment Fund. Several changes have been made to the endowment fund since it began in 1998 including changing the name from the Young Family Endowment Fund to the Allister Young Arts & Culture Endowment Fund. The criteria for applications is as follows: 1. All individual applicants must be residents of the City of Niagara Falls; 2. Applicants may submit only one application to each deadline; 3. Members, and relatives of the Arts & Culture Committee are not eligible to apply; 4. Recipients must be active artists in any creative arts field in the City of Niagara Falls; 5. Recipients must have accumulated substantial volunteer hours in the arts or in an arts organization in Niagara Falls; 6. Recipients must be in Grade 12 or above to receive the award. May 14, 2013 - 2 - R &C- 2013 -09 Completed applications must includeteh following: 1. Applicants must submit a resume, along with either a digital portfolio, video, examples of written /performance work, or a website address; 2. Applicants must provide a written artist statement and statement of intention; 3. Applicants must submit a letter substantiating their volunteer hours with an arts organization; 4. Applicants must agree to be available for promotion of the Allister Young Arts & Culture Endowment Fund award. One annual award of $1000 be awarded to an artist in Niagara Falls. ANALYSIS /RATIONALE The Allister Young Arts & Culture Endowment Fund was established to provide an arts awards program. The applicant that was selected meets all of the requirements to be eligible for the award. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The funds for the Allister Young Arts & Culture Endowment Fund are contained in a Special Purpose Reserve Fund, earn interest on an annual basis, and do not impact the annual operating budget. CITY'S STRATEGIC COMMITMENT The City's Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well -being of our people, our communities, our environment and our economy. The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Allister Young Arts & Culture Endowment Fund the Committee is able to support a local artist who has contributed to enriching the lives of Niagara Falls residents, our community, and the economy. ATTACHMENT 1. Background information on the 2013 Allister Young Arts & Culture Endowment Fund Recipient. Recommended by: Approved by: ':' , ! _ ( ( Kathy Moldenhauer Director of Recreation & Culture Ken Todd, Chief Administrative Officer Attachment #1 R &C- 2013 -09 2013 Allister Young Arts & Culture Endowment Fund Recipient Background Information Lynsey Ruscitti • • professional and practicing artist works with various media: pencils, pastels, oil paint, acrylic paint, ink, film /digital new graduate from Brock University with BA in Visual Arts community volunteer teaching art, organizing art shows, among many others participated in several Humane Society charity events by donating art and providing face painting serivces completed murals for Saint Michael Catholic High School and Juravinksi studied for 11 years under the late Maria Klokkou established and manages Visual Arts Business, Singsilver Fine Art by Lynzey Ruscitti, creating commissioned art for customers. Artist's Statement Many people believe that there can only be animosity between Science and Faith. I find this to be untrue. As human beings, we have either been gifted with or developed an amazing ability to learn about our surroundings, our cultures and our precious Earth. We are so intelligent, in fact that we are faced with, from birth, the impending inevitability of our own death, unlike many other creatures of this planet. Many believe that in order to cope with his weighted reality, we developed a pattern of thoughts so deeply rooted in our neurons that wars have been wagered and lives have been saved. These thoughts lay in Faith; faith in some sort of bigger picture. Faith intertwined with Life and Death. Our Faith can be personal, and our faith can be public. It can save us, and ruin us at the same time. Many choose to simply have Faith in themselves. Regardless, I believe faith is an important part of being human; to believe in something greater was Science's way of helping us deal. Whether what we believe in is true or not, it's a way of coping with day to day life. The following images are works that I have done that relate to this view point of Life, Death and Faith (as well as some commission -based works). NiagararOs 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 -20 Speed Limits on Rural Roads TS- 2013 -20 May 14, 2013 RECOMMENDATIONS That 60 and 70 km /h speed limits be established on rural roads as outlined in this report. EXECUTIVE SUMMARY A review was carried out to determine appropriate speed limits on rural roads in the area generally south of Schisler Road and southwest of the Queen Elizabeth Way. The recommended speed limits are based on results obtained from technical analysis. BACKGROUND Prior to 2002, speed limits on rural roads were defaulted at 80 km /hr. Section 128 of the Highway Traffic Act was amended in 2002 to establish the speed limit on all highways within a municipal boundary at 50 km /hr, unless signed otherwise. This refers to all urban and rural roadways within City limits. With the exception of a section of Crowland Avenue between Schisler Road and Lyon's Creek Road which is currently by -lawed as 60 km /h, all municipally maintained roadways in the study area are 50 km /h. Signs are present at entry points to the City to advise motorists that unless otherwise posted, the speed limit is 50 km /h. The first phase of the speed limit signing review was carried out in the summer of 2010 and encompassed the area generally east of the Queen Elizabeth Way and south of the Welland River. The recommendations from that review were approved by Council at its December 13, 2010 meeting. This report covers the results of the review encompassing the area generally south of Schisler Road and southwest of the Queen Elizabeth Way which yielded the above recommendations. A review of the remaining rural roads north of Schisler Road and west of Montrose Road will be done in 2013 -2014. Proposed speed limits are as follows: 60 km /h speed limit is established on Schisler Road between Montrose Road and a point 200 metres east of Montrose Road. May 14, 2013 - 2 - TS- 2013 -20 • 70 km /h speed limit is established on: ► Baker Road between King Road and the East City Limit; ► Beck Road between Lyons Creek Road and Gonder Road; ► Bossert Road between Beck Road and Bossert Service Road; ► Carl Road between Montrose Road and McCredie Road; ► Crowland Avenue between Lyons Creek Road and Netherby Road; ► King Road between Baker Road and the north limit of King Road; ► Koabel Road between Montrose Road and Willodell Road; ► Lincoln Street from Crowland Avenue and the West City Limit; ► Marshall Road between Willodell Road and Beck Road; ► McCredie Road between Carl Road and Willodell Road; ► McKenney Road between Schisler Road and Netherby Road; ► Morris Road between Lincoln Street and Netherby Road; ► Ort Road between Baker Road and Bossert Service Road; ► Ridge Road between Montrose Road and Morris Road; ► Sauer Road between Willodell Road and Sodom Road; ► Schisler Road between a point 200 metres east of Montrose Road and Beck Road; ► Willodell Road between Lyons Creek Road and its terminus south of Koabel Road; ► Yokom Road between Montrose Road and McKenney Road. ANALYSIS /RATIONALE Improperly set speed limits is considered unreasonable by the motorist, will be willfully ignored, and will propagate disrespect for speed limits and traffic control devices in general. In North America, the procedure to establish an appropriate speed limit is based on the 85th percentile speed principle. This means that the speed limit will be set as near as practical to the speed at which 85% of vehicles are travelling at or below along that road. Experience has shown that 85% of drivers will operate their vehicle at a speed that is reasonable and prudent. As a general trend, rural roads experience higher travel speeds because they have sparse development and low traffic volumes. The risk of collision is dependent on the driver speed in relation to geometric design, road surface condition, the type and volume of traffic, and the surrounding land use. Data collected within the study boundaries in the summer indicates that drivers travel at 70 km /h on most asphalt surface road segments. This may be attributed to the straight and level alignment of most roads, adequate driver sight lines, large spacing between intersections, infrequent spacing of driveways, minimal pedestrian activity and low vehicle volumes. Speed limits other than 50 km /h have mandatory requirements in the spacing of speed limit signs. Some warning signs, such as intersection ahead signs and curve warning signs are placed upstream based on the posted speed limit of the road. FINANCIAL /STAFFING /LEGAL IMPLICATIONS May 14, 2013 3 TS- 2013 -20 The installation /relocation of the signs is carried out by Transportation Services staff. The labour and material cost has been accounted for in the 2013 General Purposes Budget. The estimated cost to install the signs is approximately $15,500. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Respectfully submitted: l/ Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer BROOK RD G SPEED LIMIT REVIEW GRASSY BROOK RD WILL !CK RD REIXINGER RD_ REIXINGER RD WEAVER RD B.GGAR RD LOGAN RD. 0 MARSHA_RD. 0 0 MARSHALL RD. E 'HERBY RD. O L LEGEND: Proposed 60 kmih Road Proposed 70 kmih Road kkk lit 1! _ 44 CITY OF CAtl4DA ' NIAGARA co"- The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Springlicious ("the event') is an annual food, wine and beer expo that promotes the City's downtown businesses; and WHEREAS the event is scheduled for May 31 to June 2, 2013; and WHEREAS the event is being organized by Celebrate Old Downtown Community Corporation ("COD"). a not - for - profit organization; and WHEREAS COD will be requesting a road closure for Queen Street; and WHEREAS to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance: and WHEREAS COD would like to apply for an SOP that would permit patrons to the event to travel along the closed road with alcohol; and WHEREAS the event is significant as it annually provides exposure to the City's Downtown core. THEREFORE BE IT RESOLVED that Council consents to Celebrate Old Downtown's desire to allow for alcohol to be carried on the closed street for this year's Springlicious; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers the sixth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Rotary Club of Niagara Falls Sunrise is planning their ninth annual Ribfest ' from June 14`" - 16` ", 2013 at the Optimist Club; and WHEREAS the Ribfest is a well- established and popular event in the community; and WHEREAS the Rotary Club of Niagara Falls Sunrise financially supports numerous community organizations and projects; and WHEREAS this event is expected to attract between 40,000 to 75,000 persons from throughout Ontario and Western New York; and WHEREAS this event will assist the Rotary Club in reaching their financial objectives for giving funds to the community; and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Rotary Club of Niagara Falls Sunrise Ribfest to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CO D CD CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to declare part of Lot 35 Stamford and part of Lot 70 Stamford, Plan 51 and shown on Schedule "1 ", surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That part of Lot 35 Stamford and part of Lot 70 Stamford, Plan 51, in the City of Niagara Falls, Regional Municipality of Niagara and shown outlined in bold on Schedule "1" to this by -law, is hereby declared surplus to the requirements of the City of Niagara Falls. Passed this fourteenth day of May, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013. May 14, 2013. May 14, 2013. THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2013 - A by-law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Standing Prohibited, Parking Prohibited, Stop Signs at Intersections, Prohibited Turns) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89 -2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule B thereto the following item: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Ontario Avenue West A point 20 metres north of Huron Street and At Any Time a point 55 metres north of Huron Street (2) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Ontario Avenue West A point 20 metres north of Huron Street and At Any Time a point 55 metres north of Huron Street (3) -2- by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Queen Street & Erie Avenue Queen Street & Erie Avenue Eastbound on Queen Street Westbound on Queen Street (4) by adding to the specified columns of Schedule R thereto the following items: PROHIBITED TURNS COLUMN 1 HIGHWAY COLUMN 2 LOCATION Victoria Avenue Victoria Avenue Walnut Street At Walnut Street At Walnut Street At Victoria Avenue COLUMN 3 DIRECTION Northeast Southwest Southeast COLUMN 4 PROHIBITED TURN Right Left Through This By -law shall come into force when the appropriate signs are installed. Passed this fourteenth day of May, 2013. COLUMN 5 TIMES OR DAYS At All Times At All Times At All Times DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to establish Block A on Plan NS 10 as a public highway, to be known as and to form part of Lepp Avenue. 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 Block A on Plan NS 10 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block A on Plan NS 10 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Lepp Avenue. Passed this fourteenth day of May, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013. May 14, 2013. May 14, 2013. CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to provide for the adoption of Amendment No. 110 to the City of Niagara Falls Official Plan. (AM- 2013 -001) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 110 to the City of Niagara Falls Official Plan is hereby adopted. Passed this fourteenth day of May, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013 S:‘OFFIC[AL.PLN \AMLND 4110 - Paradise Pools \By- law_wpd 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. 110 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- S: \OFFICIAL.PLN AMENDA# 1 10 - Paradise Pools \BODY ,wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend By -law No. 79 -200, to change the zoning of the Lands to a site specific NC zone, to permit a neighbourhood commercial development (AM -2013 -001). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted by a NC zone. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 3.5 metres (b) Minimum exterior side yard 0 metres plus any applicable distance specified width in section 4.27 of By -law No. 79 -200 (c) Maximum floor area per use 430 square metres (d) The balance of regulations specified for an NC use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet C5 of Schedule -`A" of By -law No. 79- 200 by redesignating the Lands from TRM to NC and numbered 982. -2- 10. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.982 Refer to By -law No. 2013 - Passed this fourteenth day of May, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013 S:AZONINGAMS \2013 \By- laws\Byam001_wpd SCHEDULE 1 TO BY -LAW No. 2013- Subject Land MONROE ST 3 3 0 z • 0 0• 0 3 ASH ST $(MMES ST N i s 1: NTS Amending Zoning By -law No. 79 -200 Description: Lt 242 PI 40 Stamford; Niagara Falls Lt 319 PI 40 Stamford; Niagara Falls Lt 320 PI 40 Stamford; Niagara Falls Lt 321 PI 40 Stamford; Niagara Falls Applicant: Michele, Emma and Emilia Picciariello and Amy, Emila and Pasquale Carlucci K: \GIS_Requests\ 2013\ Schedule \ZoningAM\AM- O1 \Zoning.map Assessment #: 272507001007400 272507001007500 272507001007600 272507001007700 AM -2013 -001 Apnl 2013 CITY OF NIAGARA FALLS By -law No. 2013- A by -law to amend By -law No. 79 -200, to change the zoning of the Lands to a site specific I zone, to permit a vineyard, winery and retail store as secondary uses to a religious institution (AM- 2013 -004). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the lands shall be: (a) The uses permitted by a I zone (b) Vineyard, winery and retail store as secondary uses to a religious institution 5. The regulations governing the permitted uses shall be: (a) Maximum area for a vineyard 2.2 hectares (b) Maximum floor area for a 186 square metres winery (c) Maximum floor area for a retail 93 square metres store (d) The balance of regulations specified for an I use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7 . No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet D5 of Schedule "A" of By -law No. 79- -2- 200 by numbering the Lands 983. 10. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.983 Refer to By -law No. 2013 - Passed this fourteenth day of May, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013 S:\ZONING\AMS\20 13\By- Iaws\Byam004. wpd SCHEDULE 1 TO BY -LAW No. 2013- Subject Land O Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 174 Stamford as in S 1 10189 (Firstly) & ST2208, 2208, Except Pt 1, 2, 3 & 4, R0819428, Pt 14, 59R11850 and Pt 2, 59R11880; S/T R0777481; Niagara Falls Applicant: The Monastery of Mount Carmel Assessment #: 272508000110400 K: \GIS_Req uests\ 2013\ Schedule \Zon i ngAM \AM_04 \Zon i ng. map AM- 2013 -004 April 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to designate Lots 242, 319, 320 and 321, Registered Plan 40 to be deemed not to be within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act , R.S.O.1990, provides that the council of a local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1907; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 242, 319, 320 and 321, Registered Plan 40 shall be deemed not to be within the registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this fourteenth day of May, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013 S:ADEEMING BY-LAW \DB - 2013 -OOI, 6295,6309,6313 & 6321 Drummond Rd \Deeming Rylaw.wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to designate Lots 60, 61 and 62, Plan 44 to be deemed not to be within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act , R.S.O.1990, provides that the council of a Local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1913; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 60, 61 and 62, Plan 44 shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this fourteenth day of May, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May l 4, 2013 Mayl4, 2013 S:ADEEMING BY- LAW\DB -2013 -002, North Side Frederica St \Deeming Bylaw.wpd CITY OF NIAGARA FALLS By -law No. 2013- A by -law to designate the property known as 4888 Hunter Street, being PIN 64344 -0136 (LT) and being further described as Lot 472, Plan 9, Town of Niagara Falls within the City of Niagara Falls, to be of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, Part IV, section 29, authorizes the Council of a municipality to enact by -laws to designate real property, including all buildings and/or structures thereon, within the municipality, to be of cultural heritage value or interest; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner(s) of the property, as described in Schedule "A" hereto, and upon the Ontario Heritage Trust, notice of intention to designate the property on April 5, 2013 and has caused such notice of intention to designate to be published in The Niagara Falls Review, a newspaper having general circulation in the municipality, on April 6, 2013; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS no objections to Council's Notice of Intention to Designate were received by the City Clerk; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The property, more particularly described in Schedule "A" hereto, known as 4888 Hunter Street, is hereby designated to be of cultural heritage value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by -law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by -law to be served upon the owner(s) of the property and upon the Ontario Heritage Trust, and to cause notice of this by -law to be published in a newspaper having general circulation in the City of Niagara Falls. Passed this fourteenth day of May, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading Second Reading Third Reading May 14, 2013 May 14, 2013 May 14, 2013 SCHEDULE "A" TO BY -LAW No. 2013- Lot 472, Plan 9, Town of Niagara Falls, now City of Niagara Falls, Regional Municipality of Niagara. SCHEDULE "B" to BY -LAW 2013- Statement of Cultural Heritage Value or Interest Description of Property The two storey stucco house on the south west side of Hunter Street, number 4888, has been described as a humble version of a Queen Anne style. The 50 x 100 ft. lot that the house sits on was originally laid out as part of the Wesley Park camp ground and summer resort, part of the Methodist Camp movement in 1885. Historical /Associative Value The lot at 4888 Hunter Street is connected to the Niagara Falls International Camp Meeting Association who opened Wesley Park in 1885. Wesley Park is described in the book Niagara Falls, A history. 1967, as being "a huge camp ground and summer resort that covered the area bounded by Simcoe Street, River Road, Roberts Street and west to Stanley Avenue and Stamford Street. (almost 200 acres) The land was laid out in circles, crescents and streets with 914 building lots, most 50 x 100 ft. Wesley Park was to have its own post office and railway station." Although just outside the boundary of the Wesley Park subdivision, the house on Hunter Street is listed in the Registry Office records as being owned by the Methodist Camp meeting Association in 1885. In 1888, the Camp Association sold a lot to Abby A. Daniels, whose husband was Josiah R. Daniels, who may be the same Rev. J.R. Daniels that is listed in Illustrated Historical Atlas of the Counties of Lincoln and Welland, Ont. Toronto: H.R. Page & Co. 1876 as the President of the Camp Association. The lot at 4888 Hunter Street is a 50 x 100 ft. lot that is described as the type of lots the Camp Association owned. These lots were sold off by lottery in 1887 when the camp meeting concept failed. From the Registry office records, the value of the property increased from $900 to $1900 and a mortgage of $3250 was also recorded during the sale dated 1904 -1905 from Edith Book to William Dunmead. This would indicate that a house was erected on the lot sometime in that two year period. Design /Physical Value The house has been described as a 'poor man's Queen Anne due to its small scale and lack of abundance of detail normally associated with the Queen Anne style. A rubble stone foundation supports the two storey house. The house has a tower, typical of Queen Anne style, and is the central feature of the house. There are two diamond pane casement windows on the south and east elevations of the tower. The top of the tower is adorned with a finial with a copper ball. The house plan is a simple 'L' shape, with the front porch filling in the space of the 1'. The porch is supported by three Doric columns. The exterior is clad in stucco. The front door has 12 recessed panels, three above and nine below the single lite. The back elevation of the house is relatively simple in detail with the exception a single storey addition that may have been constructed in two parts. One side of the addition has a gable roof and is stucco clad with the rear wall and corner of the addition being made of glass. The other portion is flat roofed and has a wooden exterior. Contextual Value The house, but more specifically, the lot, is important for its relationship to part of the Methodist Camp Association's existence in the City. By virtue of its location, very near the site of the Niagara Falls Methodist camp ground and by virtue of the title search which shows the owners as the Niagara Falls Camp Meeting Association it can be directly associated with this religious event and activity of that period. It would be some 20 years after the lot was owned by the Camp Meeting association that the house was built. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 4888 Hunter Street include the following heritage attributes: • Small scale Queen Anne style house; • Central tower with copper ball atop a finial • Diamond pane casement windows in tower • Steeply pitched roof • 12 panel front door with single light; • Front verandah supported by three Doric columns • Property associated with Methodist Camp Meeting Association grounds. S:AHISTORY \INV \Hunter4888 \Designation Bylaw.wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the execution of an Agreement with the Hilton Hotel and Suites Niagara Falls - Fallsview respecting the Adopt -A- Program public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated May 14, 2013 and made between the Hilton Hotel and Suites Niagara Falls - Fallsview as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Program public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically on Fallsview Boulevard, between Ferry Street and Livingstone Street, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this fourteenth day of May, in the year 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013 THIS AGREEMENT made this 14`" day of May, A.D., 2013. BETWEEN: Hilton Hotel and Suites Niagara Falls - Fallsview Hereinafter called the "Volunteers" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the SECOND PART; WHEREAS the City's Adopt -A- Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule `B" attached hereto. 3. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands. costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Program. 5. The City shall confirm the specific section of a City Street, Park, Walkway and/or Trail to be adopted by the Volunteers. 6. The City shall provide safety information, trash bags, gloves and vests to the Volunteers upon receiving notice prior to the beginning of a clean up. 7. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Street, Park, Walkway and/or Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter - productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 8. The City shall remove and dispose of filled trash bags following the clean up at a designated location. 9. The City shall remove litter such as large, heavy, or hazardous items that have been indicated by the Volunteers for pick up by the City. 10. The City shall monitor activities of the Adopt -A- Program to ensure that objectives of the program are being met. 11. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Program signs. 12. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 13. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Volunteers: Hilton Hotel and Suites Niagara Falls - Fallsview 6361 Fallsview Boulevard Niagara Falls, ON L2G 3V9 Attention: Rebecca Belie Telephone: 905 353 7172 Email: rebecca.belic niagarahri.com The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Director of Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 14. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of ) ) Name: Rebecca Belie ) ) Name: Paul Ford ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) Name: ) ) Name: ) ) )Name: ) Name: ) ) Name: ) ) Name: ) ) THE CORPORATION OF THE CITY OF NIAGARA FALLS ) ) Name: James M. Diodati ) Title: Mayor ) Name: Dean Iorfida ) Title: City Clerk SCHEDULE "A" to an Agreement dated the 14`h day of May, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street: Fallsview Boulevard, between Ferry Street and Livingstone Street. Hilton Hotel and Suites Niagara Falls - Fallsview Adopt Mapping: Fallsview Boulevard 2013 FERRY ST T r r D r- it3 2 Z O G rn . Sr MURRA'f ST DUNN ST Q ezr -i Z Q LIVINGSTONE ST 1:, t N SCHEDULE "B" to an Agreement dated the 14th day of May, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical /first aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Street, Park, Walkway and/or Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Director of Recreation & Culture or his /her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only on the adopted Street, Park, Walkway and /or Trail. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8. clean up. The Volunteers shall wear clothing that will not impair vision or movement during 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Director of Recreation & Culture or his /her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Program clean up day unless it is renewed. Si' . Park in the City Adopt A - Programs\Agreements\201Milton Hotel and Suites Niagara Falls - Fallsview \Adopt -A- Program Agreement - Hilton Hotel and Suites Niagara Falls - Fallsview.wpd CITY OF NIAGARA FALLS By-law No. 2013 - A by -law to authorize the execution of an Agreement with the Niagara Falls Fitness Studio & Wellness Cafe respecting the Adopt -A- Program public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated May 14, 2013 and made between the Niagara Falls Fitness Studio & Wellness Cafe of Niagara Falls as City, respecting the Adopt -A- Program public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically on Bridge Street, between Victoria Avenue and River Road, including the former CP Rail Line between Victoria Avenue and Park Street, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this fourteenth day of May, in the year 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013 THIS AGREEMENT made this 14th day of May, A.D., 2013. BETWEEN: Niagara Falls Fitness Studio & Wellness Cafe Hereinafter called the "Volunteers" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the SECOND PART; WHEREAS the City's Adopt -A- Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule "B" attached hereto. 3. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Program. 5. The City shall confirm the specific section of a City Street, Park, Walkway and /or Trail to be adopted by the Volunteers. 6. The City shall provide safety information, trash bags, gloves and vests to the Volunteers upon receiving notice prior to the beginning of a clean up. 7. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Street, Park, Walkway and /or Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter - productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 8. The City shall remove and dispose of filled trash bags following the clean up at a designated location. 9. The City shall remove litter such as large, heavy, or hazardous items that have been indicated by the Volunteers for pick up by the City. 10. The City shall monitor activities of the Adopt -A- Program to ensure that objectives of the program are being met. 11. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Program signs. 12. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 13. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Volunteers: Niagara Falls Fitness Studio & Wellness Cafe 4776 Bridge Street Niagara Falls, ON L2E 2R8 Attention: Yvonne Price Telephone: 289 931 3488 Email: ylindgren_price@hotmail.com The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Director of Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 14. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of ) ) ) ) ) Nance: Yvonne Pril e ) ) ) ) Name. Jim Price ,. ) ) Name: ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) )Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) THE CORPORATION OF THE CITY ) OF NIAGARA FALLS ) ) ) Name: James M. Diodati ) Title: Mayor ) ) ) Name: Dean lorfida ) Title: City Clerk SCHEDULE "A" to an Agreement dated the 14th day of May, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street: Bridge Street between Victoria Avenue and River Road, including the former CP Rail Line between Victoria Avenue and Park Street. Niagara Falls Fitness Studio & Wellness Cafe Bridge Street from Victoria Avenue to River Road and the former CP Rail Line from Victoria Avenue to Park Street 2013 City of Niagara Falls SCHEDULE "B" to an Agreement dated the 14th day of May, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical /first aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Street, Park, Walkway and /or Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Director of Recreation & Culture or his/her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only on the adopted Street, Park, Walkway and/or Trail. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8. clean up. The Volunteers shall wear clothing that will not impair vision or movement during 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Director of Recreation & Culture or his /her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Program clean up day unless it is renewed. S- Park in the City.Adopt A - Programs Agreements 2013 'Niagara Falls Fitness Studio & Wellness CafeAAdopt -A- Program Agreement - Niagara Falls Fitness Studio & Wellness Cafe.wpd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to authorize the execution of an Agreement with the Stamford Interact Club respecting the Adopt -A- Program public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated May 14, 2013 and made between the Stamford Interact Club as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Program public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically on Cattell Drive, between Willoughby Drive and Lamont Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this fourteenth day of May, in the year 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013 THIS AGREEMENT made this 14th day of May, A.D., 2013. BETWEEN: Stamford Interact Club Hereinafter called the "Volunteers" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the SECOND PART; WHEREAS the City's Adopt -A- Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule "B" attached hereto. 3. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Program. 5. The City shall confirm the specific section of a City Street, Park, Walkway and /or Trail to be adopted by the Volunteers. 6. The City shall provide safety information, trash bags, gloves and vests to the Volunteers upon receiving notice prior to the beginning of a clean up. 7. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Street, Park, Walkway and/or Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter - productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 8. The City shall remove and dispose of filled trash bags following the clean up at a designated location. 9. The City shall remove litter such as large, heavy, or hazardous items that have been indicated by the Volunteers for pick up by the City. 10. The City shall monitor activities of the Adopt -A- Program to ensure that objectives of the program are being met. 11. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Program signs. 12. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 13. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Volunteers: Stamford Interact Club 5775 Drummond Road Niagara Falls, ON L2G 4L2 Attention: Jay Patel Telephone: 289 257 0650 Fax: 905 354 6618 Email: jay.m.patel @hotmail.ca The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, ON L2E 6X5 Attention: Director of Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 14. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of ) ) ) ) Name: Jay Patel ) Name Bonnie Brady ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) )Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) THE CORPORATION OF THE CITY ) OF NIAGARA FALLS ) ) ) Name: James M. Diodati ) Title: Mayor ) ) ) Name: Dean Iorfida ) Title: City Clerk SCHEDULE "A" to an Agreement dated the 14th day of May, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street: Leonard Avenue, between Lundy's Lane and Division Street Adopt -A- Program Mapping Stamford Interact Club - 2013 624 metres COOK ST DIVISION ST LEE ZING ST HIGH Si T r !�9AiTLAND Ss LUJND`''S LN enuand piouaal Stamford Collegiate Secondary School 0 2 L7 O21 ONOWVICMC 021 fNOw1,4f12i0 LUro s LN LUND'+ 'S LN City of Niagara Falls r N SCHEDULE "B" to an Agreement dated the 14th day of May, A.D., 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical /first aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Street, Park, Walkway and /or Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Acting Director of Recreation & Culture or his /her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only on the adopted Street, Park, Walkway and /or Trai I. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8. clean up. The Volunteers shall wear clothing that will not impair vision or movement during 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Acting Director of Recreation & Culture or his /her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Program clean up day unless it is renewed. S' Park in the City Adopt A - Programs 'Agreements'2013,Stamfbrd Interact CIubAdopt -A- Program Agreement - Stamford Interact Club pd CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments to certain Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Paragraph #3, being appointments to the Niagara District Airport Commission, be amended to delete the name Ruedi Suter. 2. That Paragraph 43, being appointments to the Niagara District Airport Commission, be amended to add the name John Ventresca. That Paragraph #5, being appointments to the Municipal Heritage Committee, be amended to delete the name Kaitlin Cain. 4. That Paragraph #5, being appointments to the Municipal Heritage Committee, be amended to add the name Kym Cody. 5. That the appointment to the Niagara District Airport Commission is to be effective April 23, 2013, the date of Council's approval. 6. That the appointment to the Municipal Heritage Committee is to be effective April 9. 2013. the date of Council's approval. Passed this fourteenth day of May, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 14, 2013 Second Reading: May 14, 2013 Third Reading: May 14, 2013 CITY OF NIAGARA FALLS By -law No. 2013 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of May, 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 14th day of May, 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. 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. 2. 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 fourteenth day of May 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: May 14, 2013 May 14, 2013 May 14, 2013