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2013/08/13
Niagaraflalls COUNCIL MEETING August 13, 2013 PRAYER: Councilor Gates ADOPTION OF MINUTES: Council Minutes of July 9 & 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. 5:00 - 7:00 P.M. PROPERTY MATTERS Mayor Diodati will request whether there is anyone present that has an interest respecting the property matter. 1. L-2013-32 - Marineland Proposed Lease from the City of Two Additional Parcels; One abutting the Main entrance; and the other being the WEGO bus stop Part of Portage Road. REPORTS 1.a) PBD-2013-51 - Matters Arising from the Municipal Heritage Committee, 7565 Lundy's Lane - former School of Green's Corners 1.b) CD-2013-05 - 7565 Lundy's Lane NOTE: Felix Pingue has requested to speak to the matter. 2. R&C-2013-14 - Artificial Turf Field Options NOTE: Any items not completed by 7:00 p.m.will be considered after deputations and public meetings under the Planning Act. - 2 - PRESENTATIONS/DEPUTATIONS 7:00 P.M. Coast to Coast 2013, National Kids Cancer Ride Neil Babbage, a local resident, will inform Council of his initiative to cycle across Canada to raise money to fight cancer. PLANNING MATTERS Public Meeting AM-2013-011 , Zoning By-law Amendment Application 6218 Dorchester Road Applicant: Mile Manojlovich Agent: Brian Sinclair Expansion to an Existing Apartment Building Recommendation Report: PBD-2013-53 - AND- Correspondence from Brian Sinclair Correspondence from Tony Baldinelli Correspondence from various residents . . . . . Public Meeting AM-2013-012, Zoning By-law Amendment Application 6570 Frederica Street Applicant: 800460 Ontario Ltd. (Eric Henry) Agents: Rocco Vacca, Sullivan Mahoney LLP and Al Heywood, Matthews, Cameron, Heywood Surveying Proposed 40 Unit Townhouse Development Recommendation Report: PBD-2013-54 Public Meeting AM-2013-009, Zoning By-law Amendment Application 8056 McLeod Road Applicant: Urban & Environmental Management Inc. Owner: John Lee Proposed 125 Unit, 12 Storey Apartment Building Recommendation Report: PBD-2013-56 . . . . . - 3 - Public Meeting SBA-2013-001 -Proposed Housekeeping Revisions to the Sign By-law Recommendation Report: PBD-2013-52 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Royal Canadian Legion Branch 51 - requesting the week of September 15-21 ,2013 be proclaimed as "Legion Week" in the City of Niagara Falls and that a flag raising occur on September 16, 2013. RECOMMENDATION: For the Approval of Council 2. India Independence Day - requesting that August 15, 2013 be proclaimed as "India Independence Day" and that the flag of India be raised on that day. RECOMMENDATION: For the Approval of Council 3. Arts & Culture Committee - requesting Council approve replacement committee members. RECOMMENDATION: For the Approval of Council 4. Daily Planet /Downtown BIA - requesting a grant equal to the road closure fees associated with the 15th Annual Miles for Smiles Charity Poker Run. RECOMMENDATION: For the Consideration of Council 5. Alzheimer's Society - requesting support of a national dementia care strategy. RECOMMENDATION: For the Approval of Council 6. Ombudsman Ontario - letter outlining the office's findings related to February, 2013 closed meeting complaints. RECOMMENDATION: For the Information of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration - 4 - RATIFICATION OF "IN CAMERA" MATTERS REPORTS 1. CAO-2013-04 OLG Modernization Update, Municipality Contribution Agreement CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2013-44 - Municipal Accounts F-2013-45 - Monthly Tax Receivables Report HR-2013-03 - Employee Benefits - Sun Life Assurance Company of Canada L-2013-30 -Ontario Power Generation Inc. Licence Amending Agreement with the City Chippawa Boat Ramp. L-2013-31 - Consent to Assignment of Lease, 4071 Bridgewater Street. Sheridan Wayne and Joanne) to McKinley (Mary-Ann) MW-2013-39 - Portage Road/Rail Corridor Maintenance Agreement, 2095527 Ontario Limited, c.o.b. as Fallsvew Group (Menechella) MW-2013-41 - Asphalt Overlay Phase 2, Tender Award - Contract#2013-03 PBD-2013-55 - Official Plan 5 Year Review PBD-2013-57-Update Concerning Appeal of Regional Policy Plan Amendment 2-2009. TS-2013-33 -Transit Agreement with Niagara College Student Administrative Council TS-2013-36 - Transit Agreement with the Town of Fort Erie - 5 - TS-2013-32 - Portage Road Re-alignment - Fallsview Blvd. to Marineland Pwy. Request for Proposal* `deferred from July 9, Council meeting * * * * * RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council urge the Provincial Government to restore the proposed cuts to the Apprenticeship Training Tax Credit(ATTC) Program. * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2013-121 A by-law to authorize the execution of a Lease Agreement with Marineland of Canada Inc. respecting the leasing of a specified area of Portage Road abutting the main entrance to Marineland. (HAND OUT) 2013-122 A by-law to authorize the execution of a Lease Agreement with Marineland of Canada Inc. respecting the leasing of a specified area of Portage Road located at the WEGO bus stop at Marineland. (HAND OUT) 2013-123 A by-law to authorize the execution of an Agreement with 2095527 Ontario Limited, carrying on business as Fallsview Group, respecting the landscaping, maintenance and use of a portion of the former CP Rail lands owned by the City. 2013-124 A by-law to authorize the execution of a Licence Amending Agreement with Ontario Power Generation Inc., respecting the use of its land for public recreation, motor vehicle parking and to operate a boat ramp. 2013-125 A by-law to provide for the adoption of Amendment No. 111 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board (AM- 2010-008). 2013-126 A by-law to amend By-law No. 79-200, in accordance with an Order issued by the Ontario Municipal Board dated June 26, 2013, to regulate street townhouses, semi-detached and single detached dwellings with frontage on Cropp Street and Pettit Avenue and multiple apartment dwellings with frontage and access from same, subject to specific regulations as set out herein (AM- 2010-008). - 6 - 2013-127 A by-law to amend By-law No. 79-200, to guide the development of the Windylane Plan of Subdivision on the Lands (AM-2013-006). 2013-128 A by-law to amend By-law No. 2008-224, being a by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. 2013-129 A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the"Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. 2013-130 A by-law to authorize the execution of an Agreement with the Federation of Canadian Municipalities (FCM) and the Regional Municipality of Niagara respecting the Federation of Canadian Municipalities'2014 Annual Conference and Trade Show, May 30 to June 2, 2014. 2013-131 A by-law to authorize the execution of an Agreement of Purchase and Sale with the Estate of Edward Cecchini, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2013-132 A by-law to authorize the payment of $15,867,936.07 for General Purposes. 2013-133 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the l day of August, 2013. NEW BUSINESS L-2013-32 Niagarafalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2013-32 Marineland Proposed Lease from the City of Two Additional Parcels; One abutting the Main Entrance; and the other being the WEGO bus stop Parts of Portage Road Our File No. 2012-121 RECOMMENDATION That, if Council determines that the common law rights of passage over the subject lands are surplus to the needs of the City and determines that leasing the subject lands to Marineland is in the public interest: 1. The City enter into an individual Lease for each of the subject parcels of land, on the same terms as the Lease dated June 12, 2012, between the City and Marineland of Canada Inc. concerning other parts of the Portage Road road allowance; and 2. The Mayor and Clerk be authorized to execute whatever documents are required to implement Recommendation 1. EXECUTIVE SUMMARY Description of land: See attached Schedules Zoning: OS 6 Appraised value: $8,000.00 per acre, per annum Conditions: The conditions are the same as the June 12, 2012 Lease and include an indemnity concerning possible litigation concerning the legality of the Lease. BACKGROUND Marineland leased lands from the City that consisted of a part of the Portage Road road allowance in June of 2012. Council heard representations at that meeting and concluded that the public interest was best served by leasing the requested parcel to Marineland. Among the topics Council heard information about, was a concern over the safety of the interaction between protesters who attend at Marineland, Marineland staff and Marineland August 13, 2013 - 2 - L-2013-32 customers. Marineland is still concerned about the interaction between the protesters, its staff and its customers. Marineland believes that leasing the subject lands will enable them to address its concerns. Marineland believes that its customers, on occasion, confuse protesters for Marineland employees and that the practice of attempting to hand out literature through automobile windows(which Marineland alleges the protesters occasionally do), and the activities of the protesters, interfere with orderly operation of the WEGO bus. Representatives of Marineland will provide further detail of their concerns through counsel. ANALYSIS Council must listen to the representations made to it and make a determination that the proposal to lease these parcels of land to Marineland is in the public interest. LEGAL IMPLICATIONS If Council elects to lease the subject parcels to Marineland, the public will not enjoy a right of passage over them during the term of the Lease. ATTACHMENT • A Sketch of each of the subject parcels of land to be leased, prepared by Andrew Cameron, OLS. (As supplied by Marineland) Recommended by: 2� / Ken Beaman, City Solicitor Respectfully submitted: Ljnti Ken Todd, Chief Administrative Officer KB Attachments % \ § " I . �A \\/ ® 3 .i s on % i ! �» 1i - \ ° I N ®r - R i ] t 2 I 1- I '3 i 0° �):}y \ ir- \ E \ \ \ \ II y p- Iy i \ <9 z ~ ® H 4A . 7 \ [ _ © h [ \ ) «) ) It ° . 1P \\ ® m x }, 2R � 5 - « 8tt 111 } \ _ -- /A t St - 1 L4H \ ` X4$ <S,o S N.CP (FORMER R NAL RD ✓_Mc 1_3 REVD S T O OFATG COMMONLY <r anr,, PORTAGE NIAGARA _S� B LAri 44-2000.C. INS Nc. Ru,,.;_ , ROAD _CO RCA:, P.I.N.I 64375-0002(LT)Nt 5N45 � MSS. Nc_ SN45425 w iO n 'oin I- N'n n,,, N ' 4 n' • cm. §-7" Z� c.:z+5 t3.453 ='a9-x sarc _____,,,,n4,100,01 ,, , 3=.94? _ N7r '±1 n 1 : istihkx — _w 1\: ' L 8 �: ; m_�, / , _,='"! - N65 55 00 � 13.925 v i 7 / T rw.aw &LEAS} 2 .;m`- !2l' ; /} AFT X92-2373 \ nd' s3�` p `.z // / �--t --„L� G �WAA. S' v"....--LAW 153-73, IN---- 'c- H^?7i_-? ar• '7°_205 L'(} \ IJT r1 J1•11 5l9R 20'J iN .� V` n. N68'2�251V Tan & !seas-) 50.724 se fti 9 oi As 5P n 9 -2878 PIN_ 54256-0053(LT) O�� Dean lorfida From: Jim Diodati Sent: Monday, August 05, 2013 2:13 PM To: Dean Iorfida Subject: Fw: Marineland Concerns Mayor James Diodati Niagara Falls, Canada From: Crystal . Sent: Monday, August 5, 2013 1:34 PM To: Jim Diodati; Wayne Gates CAW Account; Carolynn Ioannoni; Vince Kerrio Overlooking the Falls Account; Janice Wing Cogeco Account; Bart Mayes Cogeco Account; Wayne Thomson Fallview Account; Victor Pietrangelo; Joyce Morocco Subject: Marineland Concerns To whom it may concern , I am a resident of Niagara Falls . I vote in elections , encourage others to vote and feel the need to share my opinion on this matter . First off all , I am not a member of Marineland Animal Defense , what i am is a concerned citizen of Niagara Falls. I have been following the recent activities of Marineland and the protests from Marineland Animal Defense and must say that I was shocked to find out that Politicians approved a three-year lease Tuesday night with the tourist attraction for a strip of city-owned property in front of the entrance to Marineland as part of ongoing "beautification" efforts. First of all They have not " beautified " anything . Unless you consider the massive metal fence that now surrounds the park "beautiful". As a resident i do not . I was further troubled to find out that without ANY public notice there has been a proposal for extended and new land leases. Considering they did not follow through with "beautification" No New leases should be considered. and That the City of Niagara Falls terminate the 2012 land lease to Marineland immediately and not enter into any more land lease agreements with Marineland Canada. The fact that these " backdoor" deals are even happening is disturbing and i must a resident insist That the City of Niagara Falls end the practice of closed door meetings with Marineland Canada and release meeting minutes for all previous closed door meetings. Also That the City of Niagara Falls enforce by laws against John Holer and Marineland Canada - including sign by laws. The way the protesters have been treated is also disturbing . I have seen the videos where they are threatened and the threat is just ignored by the Niagara Regional Police . ALL threats should be taken and investigated SERIOUSLY and without bias . In our county you have the right to free speech . period . I must further insist That Niagara Falls City Councilor Wayne Gates meet with M.A.D. as well as the Niagara Regional Police to learn about demonstration guidelines, protocol and activists legal right to demonstrate on municipal property. Also i do not agree with people being told they cannot hand out leaflets . Information is free and it is my right as it is anyone's right to share information. 2 Dean lorfida From: Arthur Miller <marinelandanimaldefense @gmail.com> Sent: Thursday, July 18, 2013 1:06 PM To: Dean Iorfida Cc: WILLIAM SGT M. SCHOENHALS; Wayne Gates CAW Account; Tom Wall (twall@sullivan- mahoney.com); Carey Campbell; Jan Weir Subject: Re: Marineland and Marineland Animal Defense Mr. lortida. As City Staff, including yourself. continue to misrepresent our organization you clearly are not aware of the guidelines and protocols which vve follow. As has been, and can be repeated to you. offering leaflets to the public is a protected activity. As City Clerk you are well aware of this fact. To refuse to meet on the basis of our organization engaging in protected. lawful speech is another serious breach of your duties as City Clerk. More importantly, City staff have defamed our organization claiming. as you have above. that we "subject young children to vtirol." Doing so would be considered a criminal offense and at no time has the M.A.D. organization received complaint from the NRP on this point. nor has either Marineland Canada or any of the Councillors you speak of relayed any documented evidence of such incidents. Repeating this false claim in your email. and then forcing us to restrict protected speech activity in order to meet with the City is entirely disingenuous and unbecoming of someone in your position. Thank you for clarifying that the City of Niagara Falls will continue with the practice of meeting privately with Marineland Canada and not taking or disclosing notes. As substantive decisions have come out of those meetings we have made the ask of the Niagara Regional Police that they either cease their involvement in such meetings or disclose their meeting minutes and any future meeting minutes. Our issue is not that these meetings are not "advertised." but that substantive decisions are being made at these closed door meetings in regards to issues of public concern and there is no public record of them. 1. and others. look forward to speaking on that motion on August 13th. Dylan Powell On Thu. Jul 18, 2013 at 9:33 AM. Dean lortida <d:ort da i niaaarattl:s.ca> wrote: Dylan: Clearly, you did not actually see the most recent Niagara Falls Council meeting. If you had, you would have heard me confirm that the NRP and Marineland Animal Defense do communicate prior to, and at, the protests on the "protocol, rules and terms of engagement." In response to a question from Councillor Gates, I indicated that I did not see the value in the City facilitating a meeting with the various parties, including MAD, as long as you were committed to handing out your literature/brochures and subjecting families with young children to your vitriol, practices which a number of Councillors indicated their opposition 1 to. If you are now telling me that you are open to consider ceasing those activities I'd be happy to facilitate such a meeting. I assumed those requests would be non-starters for you. Niagara Falls City Council, as an entity, is subject to the meeting provisions outlined under s. 239 of the Municipal Act. All meetings are open to the public unless one of the exceptions under 239(2) has been fulfilled. I can tell you that only on one occasion did Council go into a closed meeting related to anything to do with Marineland and that was, last year, to received legal advice from the City Solicitor with regard to the proposed lease and, as per the provisions of the Act, a related resolution was approved and part of the Council package for May 29, 2012. Marineland would not be a participant or privy to any In Camera meeting of Council, which are strictly Council and pertinent Senior Staff. The meeting on June 18, 2013 was a meeting called by the Mayor's Office at the request of Marineland. It was not a meeting of Council and the Council, as a whole, were not invited to the meeting, therefore, it does not meet the requirements under the Act to be advertised or minutes of the proceedings to be recorded. Similarly, if representatives of your organization were to meet with the Mayor or City staff on an operational issue, there is no requirement for such a meeting to be advertised etc. Finally, my bias is to the Corporation of the City of Niagara Falls and the wishes of the Council as passed by motion and resolution. Thanks Dean From: Arthur Miller [mailto marineiardaninaldefense a^�gma i.com] Sent: Tuesday, July 16, 2013 12:49 PM To: WILLIAM SGT M. SCHOENHALS; Dean Iorfida; Wayne Gates CAW Account Subject: Re: Marineland and Marineland Animal Defense [ley all. This is an official request RE: Niagara Falls City Council July 9. 2013. At that council meeting the idea was presented that Marineland Animal Defense does not have a protocol for demonstrating. does not have follow established legal guidelines. and does not respect the legal right of Mr. [[oler and Marineland Canada to carry out his business. At no point was any evidence brought forward to support these claims. 2 We would like to meet with a representative of City Council - Councillor Wayne Gates, as well Sgt. Schoenals to direct them to the protocols which we have in place. the legal guidelines that we follow and agreements that hace been reached between these two parties. It is our hope that through Councilor Gates this information can be directed back to Council. Both City Clerk Dean lorfida and Mayor Jim Diodati have continued to refuse to listen to public concern on this issue relaying that we have not "asked" them for a meeting. This is disingenuous as their actions at Council illustrate their bias. In response to this ask for this meeting - we are also requesting that City staff provide all meeting minutes for all previous closed door meetings with Marineland Canada Inc. the City of Niagara Falls and the Niagara Regional Police and also place the ask that these closed door meetings no longer take place. This is an issue of public concern and should be treated as such - whether or not the City of Niagara Falls scants to directly ins ite Marineland Animal Defense or not. Please advise on dates and times to meet. Sincerely. Dylan Powell There 's about as much educational benefit studying dolphins in crp ?r: as there tcoui_l .he studring mankind h,, cmIT obse ..vhyc prisoners held in so!nary. - - Jacques Cousteau Donations - we accept donations to our patpal and Can also arrange for cash, cheque pick up's and drop offs Website - Facebook - Tye.itter viagaralails y.cvvy.nia-aara Cal is.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s)named above,and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system.Thank you "There 's about as much educational benefit studying dolphins in captivity as there would he studying mankind by only observing prisoners held in solitary. " - Jacques Cousteau 3 PBD-2013-51 Niagarafalls August 13, 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-2013-51 Matters Arising from the Municipal Heritage Committee 7565 Lundy's Lane - former School at Green's Corners RECOMMENDATION That Council receive the motion from the Municipal Heritage Committee contained in this report. EXECUTIVE SUMMARY The City owned property at 7565 Lundy's Lane is designated under Part IV of the Ontario Heritage Act, R.S.O, 2005. Council passed a motion on June 25, 2013 to demolish the building in order to expand Lundy's Lane Cemetery. The process required that the Municipal Heritage Committee be consulted. On July 24, 2013 the Municipal Heritage Committee passed the following motion: "That the Municipal Heritage Committee does not support the demolition of 7565 Lundy's Lane and does not recommend the repeal of the designating by-law, as the heritage attributes of the property remain and therefore have determined that the reasons for designation have not changed." And further recommend: "That the decision to demolish the building at 7565 Lundy's Lane be deferred until a further thorough investigation of the adaptive re-use of the building is explored." BACKGROUND Council passed a motion on June 25, 2013 to demolish the former Parks, Recreation and Culture building at 7565 Lundy's Lane. The process to proceed with demolition is detailed in a complementary report prepared jointly by Planning staff and the City Clerk. The Municipal Heritage Committee met on July 24, 2013 to consider the reasons for demolition and ultimately repealing the designating by-law. The Committee heard from Mr. Felix Pingue, a local resident who has an interest in the preservation of the building and he provided his adaptive re-use plans to the Committee. The Cemetery Services Administrator outlined the reasons the City wishes to remove the designation and demolish the building. August 13, 2013 -2 - PBD-2013-51 The most common reasons to repeal a by-law would be that the building/structure or property has lost some or all of its heritage attributes. Schedule B to the designating by- law, which outlines the heritage value and attributes is attached as Appendix 1. The Municipal Heritage Committee has determined that the heritage attributes as listed in the Schedule B to the by-law remain and therefore made the following motion: "That the Municipal Heritage Committee does not support the demolition of 7565 Lundy's Lane and does not recommend the repeal of the designating by-law, as the heritage attributes of the property remain and therefore have determined that the reasons for designation have not changed." The Municipal Heritage Committee further discussed with the Cemetery Services Administrator the possible adaptive re-use of the building as a columbarium and asked that he provide that information to the Committee. Based on the fact that the Committee felt there was further information about the possible re-use of the building, they made the following motion: "That the decision to demolish the building at 7565 Lundy's Lane be deferred until a further thorough investigation of the adaptive re-use of the building is explored." LIST OF ATTACHMENTS ► Appendix 1 Recommended by: `iv 'Y . , 1\ " Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: IBC '►-0'(- 1 Ken odd, Chief Administrative Officer P.Boyle:pb Attachment S:\PDR\2013\PBD-2013-51, Matters Arising from MHC re 7565 Lundys Lane wpd August 13, 2013 -3 - PBD-2013-51 APPENDIX 1 SCHEDULE 'B' TO BY-LAW NO. 2010-090 Statement of Cultural Heritage Value Description of Historic Place Lundy's Lane School was a small, rural two room school built in 1915 in the Edwardian Classical style exemplified in its simplified and exaggerated Classical elements and clean lines. Although it has been used as a school, police station and municipal offices, its minor alterations have not detracted from its prominent position on the corner of Lundy's Lane and Montrose Road. Heritage Value The site has cultural heritage significance to the City of Niagara Falls through its association with the early settlers (Greens and Lundy's) and with the "Old Red Meeting House", the Methodist Meeting House which once stood on the site as well as its adjacent cemetery (now Lundy's Lane Cemetery) still located east of this structure. The site was also the location of two other early Stamford Township schools, one built in 1832, facing what is now Montrose Road and the other immediately east of the present building as seen in early photographs of the present building. The building was constructed in 1915 and is the last remaining rural two room school of that era. Features such as the high stone foundation, brick corner quoins, portico entrance with a simple pediment supported by short wooden columns on brick piers, windows on stone sills topped with brick voussoirs and large contrasting key stones, projecting eaves supported by scroll brackets and hipped roof are all typical elements of this style. It also displays unique design features such as the paired side windows with segmental arches above and a recessed front entry. The building has been altered to suit its uses as the Stamford Township Police Department and Court from 1953 to 1972 and more recently as an art gallery and office space for the City's Parks, Recreation and Culture division. Heritage Attributes The cultural heritage value and interest of this property is contained in the 1915 Edwardian Classical style school. The key heritage attributes of the school include the following exterior elements: symmetrical red brick body; - high foundation of quarry-faced stone set in regular courses; - recessed front entrance with a simple pediment portico supported by short wooden columns; double front entrance wooden doors with two panels, upper half glazed; - brick quoins at the corners; - projecting eaves supported by scroll brackets; - hipped roof; - front and back roof dormers with diamond pane windows; and - transoms over the south, east and west entrance doors with diamond pane windows. Peggy Boyle From: John Barnsley Sent: Tuesday, July 23, 2013 8:57 AM To: Peggy Boyle Subject: FW: Facebook Comment: Greens Corner school house 1 " From: Kathy Moidenhauer Sent: Tuesday, July 23, 2013 8:41 AM To: John Barnsley; Mark Richardson Cc: Alex Herlovitch; Cynthia Roberts; Geoff Holman Subject: RV: Facebook Comment: Greens Corner school house Fyi Kathy From: Shawn Oatley Sent: Tuesday, July 23, 2013 8:39 AM To: Carey Campbell; Kathy Moldenhauer Subject: Facebook Comment: Greens Corner school house Hi Carey and Kathy, Not sure which one this should go to but here's a comment from Facebook by Wendy Foster-Ellis: The Greens' Corner school house needs to be saved and not destroyed forever nragara Falls has very few historcal buildings left for future generations to observe. The building was a vital part of the settling loyalist in the area in the late 1800's and early 1900's. Save this historic building !' CD-2013-05 Niagarafalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2013-05 7565 Lundy's Lane RECOMMENDATION That Council direct staff to proceed with the steps to repeal the designating by-law (2010- 90) as per section 31 of the Ontario Heritage Act EXECUTIVE SUMMARY The property known as 7565 Lundy's Lane and related building, has been the subject of numerous reports since 2005. Council's various past motions have included demolition.. designation, rezoning and putting the property for sale on the open market. If Council is intent on demolishing the building for expanded cemetery services, it will be required to repeal the by-law which designated the property as having a cultural heritage value. The first step to repeal is to consider the recommendations of the Municipal Heritage Committee, which are the subject of report PBD-2013-51. If Council decides to continue with repeal of the by-law, the provisions under the Ontario Heritage Act are to be followed. BACKGROUND The property. and more specifically the building at 7565 Lundy's Lane. also known as the former school at Green Corner's and, most recently, the former Parks & Recreation Building, has been the subject of more than a half a dozen staff recommendation reports and close to a dozen motions by the various Councils of the day since 2005. The approved Council motions over the years have included demolishing the building, investigating adaptive re-uses for the building, not demolishing the building, putting the property on the open market, rezoning the property for tourist commercial uses, designating the property under the Ontario Heritage Act, taking the property "off the market" and, most recently, removing the heritage designation to allow for demolition of the building. The history of these various motions is laid out in the first attachment. Some other important background points related to the property: a study requested by the Municipal Heritage Committee was prepared outlining the history, architecture and design of the property and building, which formed the basis of the Statement of Cultural Heritage Value for the designating by-law, as outlined in PBD-2013-51, also a part of tonight's Council agenda. An appeal to the designation was launched by various members of the Lundy's Lane BIA, however, the appeal was withdrawn before a hearing, under the Ontario Heritage Act before the Conservation Review Board, took place. Although the BIA's preference was the original staff recommendation of demolition, which included a beautification gateway, the appeal was withdrawn after assurances that any future use of the property would have to maintain the heritage attributes of the building. August 13, 2013 - 2 - CD-2013-05 With regard to the proposal by Mr. Felix Pingue, local business person, Council rejected Mr. Pingue's proposal in 2009. A report at the time outlined the three options available to Council: Mr. Pingue's proposal, building demolition and putting the property on the open market. Council approved getting the property appraised, putting it on the open market with a reserve bid with notice of Council's future intent to designate the property. It was indicated at the time that Mr. Pingue could make an offer when the property was listed for sale. The appraised value of the property at the time was $216,000. In fairness to Mr. Pingue, the property was never formally put on the market for him to make an offer, as Council passed a motion in February 2011 directing staff to not include the property with others it was putting on the market at the time (the decommissioned arenas). Despite not "officially" being on the market, some parties have expressed an interest and toured the building, even since Council's recent motion to demolish. The building, however, remains in much the same state as when the Parks, Recreation and Culture department vacated. The property has never been made presentable for the intent of staging it to sell. ANALYSIS/RATIONALE If Council is intent on following through on the motion from June 25`", to demolish the building to develop cemetery plots, the historical designation on the property needs to be repealed. The process to repeal a designating by-law is set out in section 31 of the Ontario Heritage Act (see flowchart attachment). The first step requires Council to consult with the Municipal Heritage Committee (MHC),Council's advisory committee on heritage matters. MHC's recommendation is set out in report PBD-2013-55, namely, that the designating by-law not be repealed, as the heritage attributes remain, and that any decision to demolish the building is deferred until further investigation into the adaptive re-use of the building is explored. If Council chooses to reject MHC's recommendation, notice of intent to repeal the by-law would be published in the newspaper and sent to the Ontario Heritage Trust. The thirty (30) day notice period would allow for appeals to the Conservation Review Board (CRB). An appeal(s) could lead to a hearing and report by the CRB. Council would only have to consider the CRB's decision, but it is not bound by it. Regardless, the repeal of the designating by-law could take some time. FINANCIAL/STAFFING/LEGAL IMPLICATIONS If it is Council's intent to proceed with the repeal of the designation by-law, it is to follow the process outlined in the Ontario Heritage Act. CITY'S STRATEGIC COMMITMENT Review policies and service delivery with respect to the changing demographics of Niagara Falls. August 13, 2013 -3 - CD-2013-05 LIST OF ATTACHMENTS Chronology of recommendations and motions by Council re: 7565 Lundy's Lane • R-2009-14 • Repeal of a Designating By-law Flowchart Recommended by: J f J"` / IL-- Dean lorfida, City/Clerk Respectfully submitted: 4tAttAi Ken odd, Chief Administrative Officer DI Date: May 2005 Staff Recommendation: To accommodate expansion to the Lundy's Lane cemetery, the building be demolished. Council Decision: Deferral because of interest expressed by Niagara Falls Tourism. / < k k # Date: June 2006 Staff Recommendation: Expand Lundy's Lane cemetery, demolish the building and enhance beautification through a gateway feature in conjunction with the Lundy's Lane BIA. Council Decision: Deferral at the request of the Municipal Heritage Committee to investigate the "adaptive re-use of the building". * * * * * Date: June 2007 Staff Recommendation: Expand Lundy's Lane cemetery, demolish the building but incorporate brick and stone work into the beautification /gateway feature in conjunction with the Lundy's Lane BIA. Council Decision: Staff recommendation approved but prior to demolition, a local businessman, Mr. Felix Pingue, made a plea to save the building. The matter was referred to staff and Council passed a motion to not demolish the building in the interim Date: June 2008 Staff Recommendation: That the building not be demolished, that an offer be sought from Mr. Felix Pingue to refurbish the building, at no cost to the City, and that a detailed building end use plan, outlining specific space utilization, be provided Council Decision: Staff recommendation approved. Date: April 2009 Staff Recommendation: A staff report is presented outlining the pros and cons of the Pingue Proposal,the cemetery expansion proposal and putting the property on the open market. Council Decision: That the building be appraised, put on the open market with a reserved bid, with notice of the future intention to designate the building under the Ontario Heritage Act. * * * * * Date: October 2009 Staff Recommendation: A City initiated zoning by-law amendment is heard to permit the property to be used for tourist commercial and office space uses from open space. Council Decision: Zoning by-law amendment approved. Council reiterates its intent to designate the building under the Ontario Heritage Act. Date: June 2010 Staff Recommendation: That Council pass the by-law designating the property as a building having cultural value or interest. The by-law comes forward after City staff met with the objectors from the Lundy's Lane BIA to review future use opportunities and commercial potential for the building. Subsequently,the objectors withdrew their objection allowing the by-law to come forward Council Decision: The designating by-law is approved. Date: August 2010 Staff Recommendation: 7565 Lundy's Lane be declared surplus and the building be sold subject to a reserved bid of $216,000. Council Decision: Staff recommendation approved. Three councillors opposed. * * * * * Date: February 2011 Staff Recommendation: Sale of various City lands be conducted on "as is, where is" terms on a staggered basis. Council Decision: Council directs staff not to include 7565 Lundy's Lane in the sale of City properties. No rationale given. Date: June 25, 2013 Staff Recommendation: That the heritage designation be removed from the former Recreation Building and that it be demolished develop 400 cemetery plots with a corner Columbaria / Gateway beautification initiative. Council Decision: Council votes in favour of the recommendation 5-3. April 6,2009 ////r R-2009-14 _ _ ooloalirt NiagaraPalls Councillo-Caroi:nn loannoci Chair anc Ven'be's of the Community Services Comm'ltee City c` Niagara Fails. Ontario Pit er be-s Re: R-2009-14 Recreation Property & Building End Use RECOMMENDATION: fret Council :noose their preference of the three options proposed for tee forme' Recr erior buildirg located at 7535 _undys Lane- . BACKGROUND: 'Ai. vitt. r3434;'441:4 I.: 4:11 313 34;'441:4 I.:-:324: ro Past Reports/Decisions n ":1a.. 2'205, staff firs', prepared a recommendation -eport on the end use of the former Recreation bu Id ng located at 7565 Lundy Lane To accommodate expansion to the Lund/s Lane cemetery, tee report recommended demolition of the budding. Ccunc:• cote-reo a decision _after nterest in the building was expressed Ty'Niagara FalsTaurism. r Jute 20!,96. staff returned w'th a recommendation report. After consultation rnth the Lundy a Lane BIA, staff oor tlnuec to recommend tie expansion of the Lundy's Lane Cemetery, however, with the accommodation of a pedestran gateway which wood enhance oeau:ifloat on. The report was deferred after a request oy the tutuciopa Her:age Committee to investigate the 'adaptive re-use or tee pudding'. :r 201. gar 3 recommendations -mainec ❑c carte as:he r2scr-_-n eeiws:;ear oonsulta:icr .vita tee Municipa Heritage Committee,:t was assured that brick and stone work from the buildrnc.vnuld 7e incorporated Into the des gn arc la-dscaco features or the Ceunci;approved the recommencations container to the Jane 25C%report_. I lowever,prior to tee scheb,sled der-oiit:oe of Ire t:u:id ng a ocal busiressmar, '.Ar =elix a.ngue, made a e ea to sate t--e oui'dirg. The maderwas ref=-red to staff and Council passed a motion is not demo ish the oulld rig in the 'nterm. 14 orkie Together[u 3cr'ce Our Community 3 ocino.klity services p Partment A K M50 Montmsefl44'Unitt NlagararallsdN,Canada L2N3N3 4os-3567521 www.nlagarafallsca April 6, 2009 -2 - R-2009-14 In June 2008. an update report was provided that recommended that the building not be demolished. that an offer be sought from Mr. Felix Pingue to refurbish the building, at no cost to the City, and that a detailed building end use plan, outlining specific space utilization, be provided. In light of budget delioerat ons. it is prudent to seek some final resoiutior to the long- standing issue of end use of the former Recreation building. Overview of Pingue Proposal • the building would have some commercial business space for uses such as an insurance business or law firm Pingue Construction would maintain an office for heir adminstrative functions. Community. meeting spaces would be available on the lower floor(basement)and incude a new"cultural room" Heritage space would accommodate public and private art or museum-like collections. • nine parking spots would be provided. • A rew d-iveway entrance from Lundy's Lane is proposed • two ground signs and rent from potential tenants would provide revenue for the operation. • despite potential sign anc rent revenue. the building would be operated cn a -break even bas's"with any revenue going into a reserve fund to support potential building- related costs in future years. • the City would supoort the annual building operating costs associated with taxation and building/property insurance. • the City would maintain ownership of the building with a long-term lease(50 years; entered into with Mr Rogue or a related company. Overview of Cemetery Proposal • the removal of the existing building allows for the expansion of the cemetery adjacent Lundy's Lane cemetery', which could provide oetween 257 to 305 additional craves. • a pedestrian gateway feature and enhanced corner landscape woad be developed in conjunction with the Lurdys '.Lane BIA. The BIA would financially contribute to the project costs Open Market Proposal • Senior staff also discussed the possibility of declaring the property surplus which was an option for property end use In 2003-study by BMA It would only ae sod with the provision of a minimum reserved cid equal to the net revenue estimated under the Cemetery proposal April 6,2009 •3• R-2009-14 Pros & Cons of the Three Proposals PINGUE PROPOSAL PROS CONS • A ouilei-g that nas had histor cal uses s • The property zoned Open Space. wh.cb ma maned- limits the use of tre building to cemetery. • The building 2mains for commun ty use hospital. recreational uses, reiiglous • The proponent has stated h s nterl to institution and School_ nvest$260,000 into the Cuilding. • A zoning by-iaw amendment for toe intended • The Ofr,cial Plan dentiT,es the area as uses would be required General Commerc a: t GC„ it keep ng • Tne proposed driveway access from Lundy s I with toe proposal Lane 's unlikely to be supported by the • Parking appears sufficient lc-intendea Region, the road autnor.ty use. • Any taxes realized by the new uses is to be absorbed by the municipality_ • No revenue for the City. as envisioned n the othe-two options. • The property would remain on the City's hst of properties it maintains, but 'rom wh,cn the C ty does not realize revenue. • The refurbishment of the build ng for continued use and -e occupancy will require a management play to detail how any hazardous mate•ials will be managed or apatec. including asbestos, lead, and moid • The proposal may be viewed as °bonusing" order the Municipal Acr. as a private individual v,tl derve a benefit from the oroocsa.. April 6, 2009 -4- R-2009-14 CEMETERY PROPOSAL PROS CONS • Expanding the cemetery would meet the • The Former Recreation building w II be current Open Space zoning. demolished. • Ar environmental assessment paid for • In light of be fiscal challenges berg faced in by the C ty has been completed 2009, the gateway feaure may be :oo specifically to the demolitor of the expensive and no longer a priority project. building • The gateway proposal and enhanced landscaping prov de beautification and g-een space 'n this towns:condor. • Partial fording would be provided by the '_urdy's Lane B A. • There is a demand for more cemeteryy plots at _undy's Lane cemetery. • 305 graves would represert new maximum net revenues of approximately S'.95,000 to cemetery services. • Local funeral homes are in favour of be nitiative. OPEN MARKET PROPOSAL PROS CONS • The Official Plar identifies the area • The former Recreation building could be as General Commercial (GC), which demolished depending on the future use. may entice interest in the property. • The property is zoned Open Space and • The proeerty is located in a busy would require a zoning by-law commercial area. amendment for commercial uses. • An environmental assessment paid • The property may need to be 'up zoned' for by the City has been completed by the City to be truly marketable. specifically to the demolition of the • Putting the property on the market would bu Iding. prevent cemetery exoars'on or • Sale of the property would p-ovide beautification efforts. one-time revenue for the • Access ssues may preclude certain mupipipa�ity. development. • Putting the proeerty on the open • No appra'sai has been done to date. market would al:eviate any concerns o` 'conusirg" • The property would be removed from the City s inventory of buildings requiring maintenance and upKeep. • The building could conceivably. be maintained in its current form if a buyer is so inclined. • Mr. Pingue could still bid on the property. April 6, 2009 -5- R-2009-14 CONCLUSION: The matter of tie end use of the City-owned building at 7565 Lundy s Lane has long been studied, discussed and debated. Staff has outlined what we view as the three available options for the property Obviously, all of the options offer pros and cons and it will oe for Council to weigh the merits and provide direction to staff on how they wish to proceed. Recommended by re rl 145. Denye Morrisse irecto of Parks. Recreation & Culture oproved by Ed Dujlov1c, Executive Director of Community Services _..0 74 1,P 03r: Y k 05 -7 s. giatr n,.. -6 - April 6, 2009 Council Minutes 6 Niagara Child and Youth Services Foundation-Requesting that the week of May 2-9. 2009 be proclaimed as`Children's Mental Health Week"in the City of Niagara Falls RECOMMENDATION For the approval of Council ORDERED on the motion of Councillor loannoni seconded by Councillor Thomson seconded that the request be approved. Carried Unanimously Ontario Coaches Week - Requesting that April 18" - 26'", 2009 be proclaimed as "Ontario Coaches Week" in the City of Niagara Falls RECOMMENDATION. For the approval of Council. ORDERED on the motion of Councillor loannoni seconded Dy Councillor Thomson that the request be approved. Carried Unanimously Canadian Mental Health Association - Requesting that May 4-10. 2009 be proclaimed as "Mental Health Week' in the City of Niagara Falls and that Council support a flag raising during that week. RECOMMENDATION For the approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni,seconded by Councillor Maves that the actions taken in Community Services Committee. on April 6 2009 be approved. Carried Unanimously 1 The minutes of the March 23, 2009 meeting be approved. 2 MW-2009-21 -DWQMS Operational Plan with Presentation 11 That City Council endorse the Drinking Water Quality Management System Operational Plan. and 2) That staff be authorized to make the appropriate application to the Ministry of the Environment prior to May 1, 2009 3 BS-2009-01 - House moving concept in partnership with Niagara Regional Housing Niagara Region, Niagara Catholic District School Board, Ed and Ruth Ann Nieuwesteeg and the City of Niagara Falls That the City provide grants equal to land costs, various permit costs and to assist in dealing with Hydro and the Niagara Regional Police 4 R-2009-14- Recreation Property and Building End Use Update That the former Recreation Building be appraised, put on the open market with a reserved bid, with notice of the future intent to designate 4 Repeat of Designating Syia;i, Council's Initiative (Section 31 of the Ontario Heritage Act) Repeal proposed Council consults with MHC Council Decision. N Proceed with repeal? Bylaw not repealed Notice of Intention to Repeal: 1.Served or property owner 2.Served on OHT 3 Published in newspaper Objections within 30 daysn Objection referred to I Notice of Hearing �� CR8 for hearing published in newspaper CPR hearing and repent Council Decision: Repeal bylaw? Ccuncil considers CP6 Report Repeal bylaw passed& I Notice of Withdrawal of registered nn cite Nfencan to Repeal: .--'� 1 Seed on property outer 2 Served on 01-4T 3.Published ut newspaper Notice of Repeal: 1 Served an onoper y owner 2 Served rx OHT 3.Published in newspaper Bylaw not repealed Property removed from municipal and provincial registers Property removed from Canadian Register Designating Heritage Properties•Appendix: Flowcharts Dean Iorfida From: Marco Pingue <mpingue @cogeco.ca> Sent: Tuesday, July 02, 2013 5:14 PM To: Dean forfida Subject: RE: Demolished Recreation Building Thanks Dean'. I will pass the info onto my Dad. Regards Marco Original Message From: Dean Iorfida [mailto:diorfida @niagarafalls.ca] Sent: Tuesday, July 02, 2013 4:43 PM To: 'Marco Pingue'; Jim Diodati; Alex Herlovitch; Ken Todd Cc: Wayne Gates; ioanonni @niagarafalls.ca; vince @overlookingthefalls.com; Bart Maves Cogeco Account; Joyce Morocco; Victor Pietrangelo; Wayne Thomson Fallview Account; Janice Wing Cogeco Account Subject: RE: Demolished Recreation Building Felix( and Marco): Further to our discussion today part of the requirements to "de-designate" the old Recreation Building will be for Council to formally hear from its Municipal Heritage Committee (MHC). recort from the ,TlHC is slated for the August Council meeting That would be the appropriate meeting for you to address Council and I wlll list you for that agenda (August 13;. In the meantime. will get you the documents you requested before the end of the week. Thanks Dean Dean Iorfida, City Clerk Niagara Fails 905-356-7521, ext. 4271 905-356-9083 ((Fax) From: Marco Pingue [mailto:mpingue @ cogeco.ca] Sent: Monday, July 01, 2013 4:39 PM To: Jim Diodati Cc: Dean Iorfida; Wayne Gates; ioanonni @niagarafalls.ca; vince @overlookingthefalls.com; Bart Maves Cogeco Account; Joyce Morocco; Victor Pietrangelo; Wayne Thomson Fallview Account; Janice Wing Cogeco Account Subject: Demolished Recreation Building t R&C-2013-14 Niagaralalls August 13, 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-2013-14 Artificial Turf Field Options RECOMMENDATION 1 . That Council direct staff to further investigate the possibility of building an artificial turf field at E.E. Mitchelson field #10 or Oakes Park #1 or M.F. Ker Park. 2. That a community and stakeholder meeting be scheduled in the Fall 2013 to discuss the recommended location options. EXECUTIVE SUMMARY The Strategic Plan Update, R&C-2013-01 recommended a second artificial turf field be built in the north end of the City in the next five years. Interested organizations contacted City staff to discuss the possibility of building an artificial turf field at their facility. To date, four site proposals have been received; Niagara Catholic District School Board . E.E. Mitchelson/St. Paul football field site, field #1 , St. Michael Catholic High School football field, A.N. Myer, football field and Niagara United Soccer Club, Kalar Road Park. DSBN staff met with City staff this winter to discuss the City's interest in an artificial turf field at A.N. Myer school. DSBN was informed the City is interested in building a second turf field in the north end of the City and outlined the process the City will follow to determine the best location for a field. The DSBN invited the City to enter into a Memorandum of Understanding with DSBN with the intent of developing the artificial turf field at A.N. Myer. Staff recommends the second turf field be built in the north end of the City, on existing City owned parkland with the ability to be permitted by multiple sport organizations. Top three locations based on the evaluation criteria are E.E. Mitchelson field#10, Oakes Park#1 and M. F. Ker Park. BACKGROUND The City of Niagara Falls Strategic Plan for Parks, Recreation & Culture (2007) identified the benefits of developing an artificial turf multi purpose sports field which includes raising the standard of service to the community groups, long term savings in field maintenance costs, and increase in sport participation including tournaments. A main area of concern over the years, and one which is faced by outdoor sports fields is that of damage to the turf as a result of overplay and cancelled games due to wet field conditions. The installation of outdoor artificial turf sports fields is becoming more popular with sports groups and August 13, 2013 -2 - R&C-2013-14 municipalities as a means to address the issues of field damage, lack of high-end practice facilities, and cancellation of games due to wet conditions. Studies have shown that there are a number of benefits, not the least of which is the significant reduction in field maintenance and costs over the life span of the artificial turf field. September 2008,the City opened the first artificial turf field at Kalar Road Soccer Complex, home of Niagara United Soccer Club. The artificial turf field, weather permitting opens mid-March to early December. Utilization is almost at capacity during prime time in the Spring pre-season and around 80% during the Fall season, weather permitting. Based on the utilization levels, a second field is recommended. To better serve the needs of the entire community and to provide a fair geographic distribution of similar artificial turf fields, a north end location is recommended. The proposed field will be designed as a multi-purpose field to serve the needs of football, rugby, soccer and other field users on existing City owned parkland. Proposed City Possible Partners Concerns owned site - E. E. Niagara Falls Soccer Lighting and building Mitchelson, field Niagara Catholic District School Board renovations required. #10 Niagara Regional Minor Football Oakes Park, Niagara Falls Soccer Impact Track and Field soccer field Niagara Regional Minor Football users. M. F. Ker Park Niagara Falls Soccer Park Master Plan Niagara Regional Minor Football required, new building. Unsolicited Proposals Site Niagara Catholic District School Board E. E. Mitchelson Park/St. Paul, field #1 • Letter of request, attachment #1 • North end location • Land owned by NCDSB and the City • Limited parking and Lighting District School Board of Niagara A.N. Myer Secondary School, football field • Letter of request, attachment #2 • North end location • Land owned by DSBN • Parking, lack other amenities Niagara United Soccer Club Kalar Road Soccer Complex • Letter of request, attachment #3 • South end location • Land owned by City • Existing amenities, parking, lighting, building Niagara Catholic District School Board St. Michael Catholic High School, football field • South end location • Land owned by NCDSB • Parking, lack other amenities August 13, 2013 - 3 - R&C-2013-14 ANALYSIS/RATIONALE The artificial turf facility location evaluation criteria developed by City staff during the Strategic Plan Update process considers the following criteria: • size of available site; • geographic distribution of similar artificial turf fields; • availability of parking, traffic issues; • impact of field lighting, as lighting is required; • geo-technical condition of the site, build ready; • existing supporting infrastructure, washrooms/change rooms, seating, etc.; • accessibility to general population, access to transit, area of growth; • range of field sports that can be accommodated; • proximity to high schools, daytime utilization; • support from stakeholders, community; • potential partnerships; • availability of funding; • North end location; Top criteria to consider are: north end location, land ownership and ability to accommodate multiple sport organizations. Comments from City Staff and local sport organizations rank E. E. Mitchelson, M.F. Ker Park and Oakes Park as preferred artificial turf field locations. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The estimated cost to build a second artificial turf field is approximately 1.5 million dollars. Project cost is approximate as the final cost will be based on the required amenities for the outdoor facility. The second artificial turf field facility project is currently not included in the City's five-year capital budget plan. The City is pursuing financial partnerships with sport organizations and will also investigate the possibility of corporate naming rights and grant opportunities. CITY'S STRATEGIC COMMITMENT The Strategic Priority, Healthy and Safe Community states the need to continue to implement the recommendations from the 2007 Strategic Plan for the Provision of Parks, Recreation, Arts & Culture followed by the January 2013 Strategic Plan Update Report and recommendations. LIST OF ATTACHMENTS 1 . Niagara Catholic District School Board Letter - E. E. Mitchelson Park/St. Paul 2. District School Board of Niagara Letter - A. N. Myer Secondary School 3. Niagara United Soccer Club Letter - Kalar Road Soccer Complex Recommended by: / / %l% = Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: Ken Todd, Chief Administrative Officer ATTACHMENT #1 NIAGARA CA 101,1C ieirr;cuooi .;oven June 21, 2013 Katharine Moldenhauer Director of Recreation & Culture Department 7150 Montrose Road, Unit 1 Niagara Fails, ON L2H 3N3 REF: PROPOSED ARTIFICIAL TURF FIELD AT SAINT PAUL CATHOLIC HIGH SCHOOL& MITCHELSON PARK Thank you for your invitation to discuss a partnership between the City of Niagara Falls and the Niagara Catholic District School Board for the construction of an outdoor artificial turf field at Saint Paul Catholic High School and Mitchelson Park. Senior staff is interested in the proposed project and would be willing to participate in further discussions regarding a possible partnership. Please forward additional information to Kathy Levinski, Manager of Facilities Services. Sincerely, Scott Whitwell, Controller of Facilities Services cc K. Levinski, Manager of Facilities Services Telephone 905-735-0240 . a ... John Crocco, J ATTACHMENT #2 r District School Board of Niagara 2 Achieving Success Together Q 191 Carlton Street, St. Catharines, Ontario L2R 7P4 (905) 641-1550 Fax: (905) 685-8511 Warren Hoshizaki, Director of Education June 19, 2013 RECEIVED Mr. Ken Todd Chief Administrative Officer JUN 2 4 2013 City of Niagara Fails ::310 Queen Street OFFICE OF THE ADMINISTRATOR Niagara Fans, Ontario L2E 5X5 c: Geoff }Tolman Director of Municipal 'works Kathy Moldenhauer Dear Mr. Todd; Director of Recreation .s. Cul Lure / kk Pecentiy staff from the City of Niagara Fails (Geoff Holman and Kathy Moldenhauer) and the District School Board of Niagara (Joe Weinherg, Superintendent of Business; Bob Dunn, Manager of Projects and Maintenance; and Filomena Goldsworthy, Community Outreach Co-ordinator) met to discuss the City's interest in an artificial turf field in Niagara Falls. During the discussion, DSBN staff indicated that tie A.N. Myer Secondary School site would be ideally suited to development as a joint-use artificial playing field serving the needs of the school and the local community. The site of the site, school location, availability of parking, access to the site and the enthusiastic support of the school, its alumni and parents to such a venture would make A.N. Myer an ideal site for an artificial turf field facility. In addition, the school has been working on a plan for the development of an outdoor multi-court facility that may also he of interest to the City in serving the athletic and recreational needs of the surrounding community as well as the school. On jun e 11, 2013 a report was provided by Superintendent Weinberg to DSBN's Board of Trustees cudlning this discussion and recommending that the Board formally indicate its interest to the City of Niagara Falls in a joint outdoor athletic facility development. The motion received unanimous consent, and se on behalf of the District School Board of Niagara, I am pleased to invite the City of Niagara Fats to enter into a Memorandum of Understanding (MOU) with the DSBN with the intent of developing the outdoor athletic and recreation facilities at A.N. Myer. The MOD would cover two project phases: a) Project reasiblity—Prepare a feasibility report to contain a preliminary identification of the project scope and physical layout, usage plan, and financial plan together with preliminary assessment of community impacts (parking, traffic, amenities, additional partnership opportunities). b) Project Development— If the Project is deemed feasible and approval to proceed is granted by both City of Niagara Falls Council and the Board of Trustees of the DSBN, then the parties will proceed to draft and enter into a Development Agreement and a separate License/Usage/Operations Agreement for the implementation of the Project. We recommend that staff develop reasonable timeframes for each of the above steps. We are looking forward to collaborating with the City in drafting the MOU and working with you on this partnership. Both Joe Weinberg and Bob Dunn of our staff have been involved in artificial turf field projects and are eager to share their knowledge and experience in moving this project forward. In addition, we have been in touch with staff in the Kawartha Pine Ridge District School Board who have entered a similar joint development project with the City of Peterborough,and will be able to access their advice and information as we work on project details at A.N. Myer. The DSBN is very enthusiastic about this project's potential to make a significant contribution to the enjoyment of curricular and extra-curricular sports and recreation for the students and residents of Niagara Falls. We look forward to receiving endorsement from the City of Niagara Falls to solidify our efforts by entering into an MOU for the development of outdoor athletic facilities at A.N. Myer Secondary School. Sincerely, Warren Hoshizaki Director of Education cc Kevin Maves, Chair Trustees Joe Weinberg, Superintendent of Business John Stainsby, Superintendent, Secondary Schools ATTACHMENT #3 Niagara United Soccer Club NIAGARA 6775 Rahn.Road, Niagara Falls, Ontario, L2E 663 UNITED (905)358-3632 www.niagaraunitedsc.ca socaER CLUB June 15, 2013 To Kathy Moldenhauer, Request for Artificial Turf Field, Kalar Sports Park This is to acknowledge Niagara United's request for an artificial turf field at Kalar Sports Park as per previous correspondence and requests. I would like to request that Niagara United be included in any meetings, correspondence and/or discussions as it pertains to an artificial turf field for Niagara. Respectfully, Donna Jlantesso President, Niagara United Soccer Club Dean Iorfida From: Jim Diodati Sent: Friday, May 24, 2013 2:43 PM To: 'Neil Babbage' Cc: Dean Iorfida; Cathy Crabbe Subject: RE: Coast to Coast 2013 Attachments: image001.png; image002.png; image003.png; imageo04.png; image005.jpg Neil: This is great news! You're getting so near your goal. Awesome. I'm glad to hear the car wash is moving forward for the 2'd as well. I've keyed in Cathy in my office to put it in to my schedule and to invite Members of Council as well. We'll make sure to tweet and post it on facebook to help promote it! I'm copying Dean lorfida, our City Clerk so he can make note to include you on an upcoming City Council Agenda prior to your ride in September. Keep it going, Neil! Jim '1D1D? Vla■or City of Niagara Falls 905 356 7521 x 4201 iWociac1LOoiagaTafailisca Follow me on tit From: Neil Babbage [mailto:njb1927Cagmail.com] Sent: Friday, May 24, 2013 1:48 PM To: Jim Diodati Subject: Coast to Coast 2013 Good day mayor. just doing a follow up with you on my progress so far. To date we have raised 522.900. Salti Steel and Steve Cohen donated $100 and have not followed up with me for a meeting so its time to mote on from him. .tune 2nd is the car wash at the McBain Center I still need to get the word out there as we discussed in our original meeting you mentioned coming to Council meeting and getting the word out through Council [ feel that would be great. I'm still looking for ways of getting donations from business in the region and any assistance you can give in this area would be greatly appreciated For further updates I know have a blog and a personal donation web page which is wwtiv.snkcr.comineiIbabbagc Thank you for your support and look forward to hearing back from you soon. Thanks Neil Babbage 2 8/8/13 COUNTDOWN 027 123 = 07 559 Nell Babbage 2013 SNKCR Rider Sears National Kids Cancer Ride Hl1 nIC I1.11" a15 Rider Login SIM DONATE VOLUNTEER ABOUT Home » En » National Kids Cancer Ride » 2013 National Riders Neil Babbage, 47 Niti gant fulls, 1JR, Ride Overview Become a National Rider Become a Relay Rider Become a Ride Along Rider Why We Ride 2013 National Rider Bios » Archived Blogs Sponsors Become a Sponsor Occupation: Chef by trade Family: Married for 5 years to my amazing wife Jenny; father of two incredible girls, Dalin 22 and Shannon 20; grandfather to Ayden 3, Madison 1 and Damien 8 months Greatest achievement so far: being accepted to ride Coast for Coast Against Cancer. July 31 st Francais I Rider Login Neil Babbage Blog Entries NEIL 13A813ACrE Busylast few days with rides lots of Hills, Hills and more Hills todaywas rough tried myregular route which is pretty Flat... July 31 al July 21th July 18111 Judy 811i Destination - Beyond Cancer! I'm honoured and humbled to be able to be part of this effort to make a meaningful difference in www.searsnati oral k dscancerride- convhiH /en/ national -kds- cancer - ride /2013national- riders /neii- babhag e.htini 1/3 8/8/13 Neil Babbage 1 2013 SNKCR Rider Sears National Kids Cancer Ride the lives of children living with and beyond cancer. You have my commitment to continue this journey and ride so that no parent has to hear the words, Your child has cancer ". My charity work began in Wales, UK. As a young boy my brothers and I were encouraged by our parents to give back and help those in need. We sold pins for the blind and eventually we would sell over 50 boxes of poppies for Veteran's Day. After moving to Canada about 18 years ago, I started fundraising for Relay for life. I bumped up my efforts when my mother in law, Jenny Pasco, was diagnosed with breast cancer in 2008. In 2010, . my daughters' mother, Bev Peck, succumbed to lung cancer in November of that year. I started to feel a need for a lifestyle change and began working out at the gym. This is how I got into cycling. I felt that if I could do spin classes, I could ride a bike on the road and get the same results. It wasn't as easy as I thought. I didn't know that the type of bike or weight of it had any bearing on my ride. Three days before I did my first 75km ride for cancer, The Big Move, I bought my first bike. I think it was a hybrid and off I went. I did my ride and suffered a bid but I completed it! After getting a better road bike, a friend and 1 decided to take on The Ride to Conquer Cancer from Toronto to Niagara Falls over two days. Together we raised over $5000 and finished the ride together. I came across the Coast to Coast Against Cancer site by accident one day and thought I would love to be able to do that ride. Believe it or not, my wife, thought I should try to get involved, especially because it was for children's cancers. A few days later, my brother called me from Wales to tell me that his 3 year old grand daughter had been diagnosed with a rare form of cancer.Chloe would have to go to France for an operation and 9 months of treatment. Now at the age of 5, she is a happy little girl ,who currently is cancer free,and enjoying her life with her family. I realized that it wasn't an accident that 1 stumbled upon the Coast to Coast site and my fundraising efforts started. L ors' C, 2010 GET THERE MAGAZ1N. WINNER 0 SHAPE f Follow my BIog COAST TO COAST AGAINST CANCER FOUNDATION'S AMBASSADORS strirtsAkor rid 41 RIDE OVERVIEW Why We Ride DONATE 'VOLUNTEER ABOUT US Overview 'Overview The Foundation Search) w . searsnationalldscancerride .convhtml /en /national -lads- cancer- ride /2013-national- riders /veil- babbage.htntl 2/3 r r D Z Z Z 0 3 D 1 m XI cn PBD-2013-53 Niagarafalls August 13, 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-2013-53 AM-2013-011, Zoning By-law Amendment Application 6218 Dorchester Road Applicant: Mile Manojlovich Agent: Brian Sinclair Expansion to an Existing Apartment Building RECOMMENDATIONS That Council approve the Zoning By-law amendment application to rezone the property site specific Residential Apartment 5B Density (R5B), to permit the construction of a 3 storey, 6 unit addition onto the rear of the existing 2 1/2 storey, 9 unit apartment building. EXECUTIVE SUMMARY The applicant has requested a Zoning By-law amendment to rezone the land site specific Residential Apartment 5B Density (R5B) in order to permit the construction of a 3 storey, 6 unit addition onto the rear of the existing 2 '/2 storey, 9 unit apartment building. The amendment can be supported because: • The proposal conforms to the Official Plan in terms of the location and density of low rise apartment buildings; • The proposed building setbacks from the adjacent single detached lots will ensure the addition is compatible with the adjacent properties; and • The use of tree planting and landscaping, as determined at the site plan stage, can assist in screening adjacent single detached dwellings from the proposed expansion. BACKGROUND Proposal A Zoning By-law amendment is requested for a 0.2 hectare (0.5 acre) parcel of land known as 6218 Dorchester Road. A 2 '/2 storey, 9 unit apartment building exists on the land. The amendment is requested to permit the construction of a 3 storey, 6 unit addition onto the rear of this building. Schedule 2 shows details of the proposed development. The land is zoned Residential Apartment 5A Density (R5A) in accordance with Zoning By- law No. 79-200. The zoning of the land is requested to be changed to Residential August 13, 2013 - 2 - PBD-2013-53 Apartment 5B Density (R5B) with site specific lot frontage, lot area, northerly side yard width, landscaped open space coverage, building height and minimum number of parking space regulations, to permit the proposed apartment building expansion. Site Conditions and Surrounding Land Uses The property is occupied by a 2 '/z storey, 9 unit apartment building which was constructed in the 1960s. A parking lot exists in the rear yard. There are landscaped areas in the front and rear yards and along the side lot lines. The property is bounded by single detached dwellings to the south and east. These properties are screened by wood fences and a large cedar hedge to the south-east. To the north is a 2 'A storey apartment building containing 17 units and a 6 unit townhouse complex that is under construction. To the west, on the west side of Dorchester Road, are single detached dwellings and a 2 ' storey apartment complex containing 30 units. 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 from a Provincial or Regional perspective. The proposal will help the City achieve intensification targets for new development within the City's built-up area. • Transportation Services - No objections to the rezoning.A 3 metre road widening along the Dorchester frontage will be required to be dedicated to the City at the site plan stage. Further review of access to the waste disposal enclosure will occur at the site plan stage. • Municipal Works, Parks Design - No objections to the rezoning. Detailed servicing/grading plans and landscape plans will be required at the site plan stage. Cash-in-lieu of parkland dedication will also be required at the site plan stage. • Fire Services, Legal Services, Niagara Falls Transit, Building Services - No objections to the rezoning. • Resident Comments - Two letters of objection were received from residents on Corwin Avenue and Stokes Street and are included on tonight's agenda for consideration. The first letter cites concerns about the loss of privacy by neighbours, traffic impacts, nuisance from garbage and devaluation of neighbouring properties August 13, 2013 -3 - PBD-2013-53 and includes a petition from surrounding residents. The second letter expressed concerns about backyard privacy. Neighbourhood Open House A neighbourhood open house was held on July 8, 2013. A total of 9 neighbours were in attendance, along with the applicant and the applicant's lawyer and architect. The neighbours expressed concerns about the loss of their privacy, impacts from floodlighting, increased traffic in the parking lot and servicing concerns. Some of the neighbours stated that completely screening the neighbouring properties by trees would alleviate concerns. The applicant indicated that he was willing to work with the residents at the site plan stage and was willing to plant trees to screen neighbouring properties. The residents were also advised of the zoning process and site plan process, and that matters such as lighting, landscaping, servicing and waste disposal are addressed at the site plan stage. ANALYSIS 1. Provincial Policy Statement and Growth Plan Provincial policies require 40% of all residential development to occur through intensification within the City's built-up area by the year 2015. The proposed expansion of the apartment building is one example of intensification. 2. Official Plan The subject property is designated Residential in the City's Official Plan. Apartment buildings up to 3-4 storeys in height and densities up to 75 units per hectare can be considered on the periphery of residential neighbourhoods where they have convenient access to the arterial road system and transit and are generally in close proximity to schools, parks and neighbourhood commercial facilities. Official Plan Amendment (OPA) No. 94 was recently approved by Council and reflects Council latest intent for residential development. The new polices would permit an apartment building up to 4 storeys with a density up to 75 units per hectare to be considered on the property. As OPA No. 94 has been appealed to the Ontario Municipal Board the new policies are not yet in effect. The proposed development conforms with the current and proposed Official Plan policies as follows: The site is located on the periphery of the Corwin Neighbourhood and has direct access to an arterial road (Dorchester Road), which accommodates two transit routes. Traffic from the development is not expected to impact on local streets. The site is close to a community park(A.G. Bridge Park), a public elementary school (Princess Margaret School) and is within walking distance of a neighbourhood commercial plaza and commercial areas along Lundy's Lane. August 13, 2013 -4 - PBD-2013-53 The proposal has a maximum building height of 3 storeys and a density of 75 units per hectare, which conforms with existing policies and proposed policies under OPA No. 94. The proposal is compatible with surrounding low density residential, providing setbacks from adjacent single detached lots that are twice what is typically required (see below). The addition has been sited to provide the maximum possible setback from dwellings closest to it (to the south) and is set back further from these dwellings than the existing building. The existing building and proposed addition are consistent with the building heights and densities of the nearby apartment buildings and reflects the mix of housing types existing in the neighbourhood. The use of landscaping and buffering can further assist in screening the proposed expansion and parking from surrounding properties. 3. Zoning By-law The property is currently zoned Residential Apartment 5A Density (R5A). The applicant is requesting the lands be zoned site specific Residential Apartment 5B Density (R5B) to accommodate the project. The building height, building setback and lot coverage regulations of the R5A and R5B zones are identical. The R5B zone requires a building to be constructed 10 metres from the rear lot line. The proposed building will be located 25 metres from the rear lot line. The R5B zone also requires a setback of one-half the building height (6 metres for the proposed addition) from the southerly side lot line. The proposed building will have a southerly side yard setback of 14 metres. The proposed setbacks are twice as large as setbacks required for such a building and will improve the capability of the development with the surrounding properties. These larger set backs should be included in the amending by-law. The applicant has requested the additional site specific modifications to the R5B zone regulations that apply to the site: Required Proposed Minimum Lot Area 133 square metres/unit 130 square metres/unit Minimum Lot Frontage 30 metres 25.2 metres. Minimum Side Yard Width North 1/2 building height (6 3 metres Side metres) Landscaped Open Space 35% 32% Coverage Building Height 10 metres 12 metres Required parking 1.4 spaces/unit 1.3 spaces/unit August 13, 2013 -5 - PBD-2013-53 The requested modifications are minor. The slight reduction in lot area allows for the rounding up of the number of units permitted on the property from 14.6 to 15. The reduction in the lot frontage recognizes the existing lot frontage of the site. As the proposed building abuts the parking lot of the adjacent apartment building to the north, the reduction in the northerly side yard width does not cause any negative impacts. As landscape strips are being provided along the lot lines that abut single detached dwellings as well as Dorchester Road, the minor decrease in landscape open space coverage is acceptable. Although a three storey building could fit into the maximum 10 metre building height, the applicant has requested a height increase to 12 metres to accommodate a pitched roof. This is acceptable as the pitched roof will improve the appearance of the building and will reflect the architecture of surrounding single detached dwellings. The amending by-law should stipulate the increased height is to accommodate the pitched roof only and not additional floors. The minor reduction in parking is acceptable given that the smaller 1 bedroom apartments are expected to be occupied by fewer people, and the site is on a transit route. 4. Site Plan If the application is approved the building expansion will be subject to site plan control. Many of the measures necessary to mitigate impacts on surrounding residences and address residents concerns can be dealt with at this stage. Additional tree planting and landscaping should be done adjacent to the south and east lot lines to further screen adjacent properties. A landscape plan will be required as part of a site plan application to illustrate these plantings. The site plan agreement will require floodlighting to be deflected away from adjacent properties and will require the construction of a waste disposal enclosure to City standards. Grading and drainage will also be addressed at this stage. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Well Planned City strategic priority in that it provides for infill development that occurs in an orderly and efficient manner to take advantage of existing infrastructure. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Site Plan Recommended by: r Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce mb Attach. S.\PDR\2013\PBD-2013-53,AM-2013-011, 6218 Dorchester Avenue.wpd August 13, 2013 -6 - PBD-2013-53 SCHEDULE 1 LOCATION MAP Subject Load_ i M 1 tv p 1 0 IMPERIAL CT 1 1 ±-- i t:za>6 T \ i _.__ i i . p - LI I O r I i p rn p l v+ rn D ',;4):,.}.4,1' "Ix v„t, . mayor \ , 88 1 I 1 STOKES ST STOKES ST STOKE: , i Amending the Zoning By-law No. 79-200 1Wy 2013 Location: 6218 Dorchester Road Applicant: Mile Manojlovich AM-2013-011 August 13, 2013 -7 - PBD-2013-53 SCHEDULE 2 I J Y.'� L t 4 l'i1° _ ' °' n r 1 ��J all W i ` it l I r d4 _ ' 1 rW'V a• u ssI I 4 I} • La al Fr44t ' 1 i s :1 w(W W i ' \ i _ Q h. ! ,I. 4f . ic_ al tl 1 -.-- R w =7• EO t / .7 s i ` S S 44 �. .-.:- fi fa : Ilvea I- -i r 4 1 a r 2 ~ I� a. �,I I�,' El r :4f s ' t x; ; n i i ,'1 AM d �� d . i P Inn 1 +wliil! 11 4 . _... YI p CVOS a'3153fr13 O0 , f BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister & Solicitor brian@briansinclair.com Main Office Real Estate Division 6617 Drummond Road 5627 Main Street Niagara Falls, ON L2G 4N4 Niagara Falls, ON L2G 5Z3 Telephone: 905-356-7755 Telephone: 905-354-0523 Facsimile: 905-356-7772 Facsimile: 905-354-2576 July 22, 2013 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Dean Iorfida, City Clerk Dear Dean: Re: 6218 Dorchester Road, Niagara Falls Zoning By-Law Amendment Application (Mile Manojlovich) Your File No.: AM-2013-011 Our File No.: 5948-001 In connection with the above, please find enclosed letter which I would ask that you distribute to all of the members of City Council prior to the August 13th, 2013 council meeting. Thank you for your assistance herein. Yours very truly, BRIAN SINCLAIR PROFESSIONttL CORPORATION Brian i1oel Sinclair, Q.C. BNS:ls Encl. BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister & Solicitor brian@briansinclair.com Main Office Real Estate Division 6617 Drummond Road 5627 Main Street Niagara Falls,ON L2G 4N4 Niagara Falls. ON L2G 5Z3 Telephone: 905-356-7755 Telephone: 905-354-0523 Facsimile: 905-356-7772 Facsimile: 905-354-2576 July 22, 2013 Members of Council for the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Members of Council: Re: 6218 Dorchester Road, Niagara Falls Zoning By-Law Amendment Application (Mile Manojlovich) Your File No.: AM-2013-011 Our File No.: 5948-001 I am presently assisting Mike Manojlovich on his proposed zoning for six 1 bedroom apartments on property known as 6218 Dorchester Road, Niagara Falls. At the present time there is located on the property an apartment building which consists of 9 units, 7 of which are one bedroom and the remaining 2 are two bedroom units. Chris Cristelli has been designing the building and working with the City on this rezoning and has attempted to make the building as unobtrusive as possible. On July 8th of July, 2013 there was a public meeting held in which a number of people attended from Stokes Avenue which are people on the south of our proposal and a few from Corwin Avenue who face the east end of the building. They were concerned about a loss of privacy as there is at least one pool on Stokes Avenue and one pool on Corwin Avenue. It was pointed out at the meeting that all of the windows facing south and towards Corwin Avenue, are hallway windows only. There are two windows facing east on Corwin Avenue. These are for the stairwell only. The only windows in the apartments face north which is to the apartment complex next door known as Maple Terrace Apartments. In other words there will be minimal intrusion by the tenants insofar as the property owners on Stokes Avenue and Corwin Avenue are concerned. There is a slight increase in the height required because the intent is to have a pitch roof as opposed to a flat roof to make it more attractive to the contiguous properties. I would point out as well that the neighbors objected to the use of siding. My client has decided and has totally agreed to use all brick on the said building on the south and east side. I am not certain at this point as to what he will do on the north side which faces the apartment building. The increase in traffic for the I bedroom only units would be very minimal. Mr. Cristelli has provided a garbage enclosure which is located on the north side of the property, This would have to meet the strict City standards. I think it is extremely important that the neighbors be involved in the Site Plan process. Mr. Manojlovich has agreed to provide whatever is necessary along the south limit of this property to protect and beautify the area so that there is a true buffer between the properties on Stokes Avenue and along Corwin Avenue. Mr. Cristelli and myself will be at the Council meeting on Tuesday, August 13, 2013. Thank you for your co-operation in this matter. Yours very truly, :Han Noel •mclair B • vT ZIJYl u . . Andrew Bryce JJ From: tbaldi <tbaldi @yahoo.com> Sent Tuesday, July 23, 2013 7:04 PM kyi 2-01'SR) To: Andrew Bryce Subject: 6218 Dorchester Road Zoning By-law Amendment Application Attachments: 6857 Stokes Street backyard north viewszip JUL 2 5 7C13 Hi Andrew, I have taken some backyard photos from 6857 Stokes Street, my residence, and how this developments proposal will directly impact my current backyard privacy, both visually and audibly thus making my property a less desirable location and negatively impact my current investment by any value. I have spent the past 4 summers repairing and updating my backyard to make it a quiet and peaceful space to enjoy my home time and hopefully soon my retirement. I hope that studies have been conducted to ensure that there are absolutely no negative impacts to any surrounding properties and that only a win -win result would be considered before amending any by-law that would affect any current single family residences. As per our last meeting, I was deeply disturbed by the current project on Dorchester Rd, that is seen from my backyard, and how the resident directly east has had damage to their property and no action on no ones part to resolve The issue could have easily been resolved if the last unit was not included, provided the necessary alternative parking that is necessary for that location and also provide some of the privacy that investor made when he purchased that property. I see that there was no "win -win" or respect given to this resident. This should not be the case for any changes made to any resident because someone has selected to make density requirement changes. These changes rarely affect those who make these decision and they would definitely be the first to fight aggressively if it did. Hopefully with your assistance and lessons learned from other similar projects a win-win result can be attained for this proposal. Thanks for your consideration and assistance Let me know if you received the attached zip file or if there were size or delivery problems. Thanks again Tony Baldinelli, B.Sc., MCSE, Security + Regional Municipality of Niagara Cell: 905-658-6408 Home: 905-354-2850 t ;m. • • eir ii; tiv:.?.." "31 .‘ v . 0 tif:, i,F.A . 9.(...Ii7r." A: •,-, k s'' At. -',k„:; ''• ' ..0144,110 1 1 fi iliy_1 1...7:41:", °J.' ,afr,0-4:7_;,.; ie,,:eli . t' ,i, t ,- • *4, ,,,,A t P ; ' ;4 . . . .,....„. • ,Idi f. t.,.f t ... e „, it, . f i . 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M1 l F ■ f tii.a'g" ice � 1 � :: 4 p .. •. 1 ,II 4 A a a Yw b n • t i fi Jr l YS ` 7 i .........III"' I °c ' ,j. ..., . ...:„...,......1..: : ,, _ . 10.-4 , , .-. -.1...,,i: .i 4. . ti., ..,,,t , i. .1 Ipie. . :,. . .. ... .:::.,:::),.., ...,..„, . .., :_... , ,, : , . . i , . . .. . .. , ,. . _ . .. . , • 1. . . _. . , ,. . . ••,„ 1 , . . 1 i iniiu, ��� 4I$ • Scanrea Foe _ On n 0 Alex Herlovitch `s Director of Planning, Building & Development R E C E I ti0 E C 4310 Queen Street Niagara Falls, ON L2E 6X5 JUL 0 9 2013 PLANNING & t YELOPMENT 03 July 2013 Re: 6218 Dorchester Rd (Assessment Roll No.:2725-070-017-10300) Zoning By-law Amendment Application—City File:AM-2013-011 Mr. Herlovitch, We are writing to object to the requested zoning change from 5A Density (RSA) to 5B Density(R5B) at 6218 Dorchester Rd., which would allow the addition of a 6 unit apartment complex to the existing 9 unit apartment building. We are making these objections as a group for the following reasons: Loss of privacy/Enjoyment of Property With the addition of a 6 unit building brings the issue of loss of privacy. Our residential neighborhood has already suffered a loss of privacy with the existing 9 unit apartment building already on the property. For most, this apartment complex was acceptable because of its distance and proximity to the existing residential properties. What the applicant is now seeking is that an additional 6 unit building be built that will be 3 stories in height and will extend back to within 75 feet of the property owners to the east. The property owners to the south will also be subjected to an additional 6 units overlooking their properties which directly affect their privacy. There are several residences that have pools in their back yards. As you are well aware, the enjoyment of your property including your pool plays an in important role in being able to enjoy your home. If the amendment was granted and additional units were permitted, the building would be closer to and higher than the existing apartment building and will overlook several residential properties with pools. Loss of Light/View as a result of Three Story Building The current RSA Zoning permits three story building to a certain height. What our objection is that rezoning to an R5B would result in that 3 Story building being within 75 feet of the property line to the east. This will certainly affect sunlight on the properties and their gardens. For this reason, if the re- zoning is permitted, the building should be limited to 2 stories which will alleviate some of the loss of light and view. 1 Increased traffic due to the addition of 6 units and their guests With the addition of 6 Units there will inevitably be an increase in traffic from the residence and their guests. This would mean that there would be an increase of headlights flashing through to our residence, an increase in vehicle noise and the increase of pollution from those vehicles. Increased Garbage created and placed closer to the adjacent property causing increased smells, vermin and critters to congregate. With the addition of 6 more units and 6 more families, garbage that is created could increase by 66%. In the proposed garbage bin location, garbage is closer to the existing property owners to the east which will result in the smell and wildlife being closer to those residences. This could adversely affect our enjoyment of our back yards should rats, possum, raccoons or any other animal begin to congregate and take up residence in our yards. The smell could potentially cause issues with enjoying our back yard especially on hot summer days when one would expect to be outside. Devaluation of property—Loss of Privacy We finally want to touch on the devaluation of property as a result of the loss of privacy. We understand that this is not an objection that the City and its Counselors would necessarily take into consideration, but as property owners, we must. We don't believe that the value of our residence will remain the same or increase when a three story apartment building which will overlook and invade our privacy is built within 75 feet of existing property. Potential home buyers will look at the residence, but more importantly look at whether the house and the yard will be comfortable and relaxing. We don't imagine that a three story structure towering over the single dwelling residences and the apartment occupants being able to peer into our yards would increase the value of the property. Privacy has an immeasurable value and we don't want that to be taken away from us and our families. We don't suspect that City officials and counsel will decrease the property taxes of those residence affected by the re-zoning and it's overshadowing 3 story building to offset the loss in property value. These are our concerns and if you allow the amendment of the by-law it will directly affect our privacy, enjoyment and value of our property as well. Thank you for taking our objections into consideration. Respectfully, Undersigned Residents 2 , Name: Co µn/ Cu3rao6 Sr at-a_ Address: 6Z I I [ oewm/ Ale //,,, . Signature: .„.. ...,J,Thara,Th.,4_,„izi ...7. („Amr , i. _ -- Name: 1 Address: 62ma0 11 - i7"4,-/_2 11-_1-ia Air& Signature: ,,,,,,oi Name: C Address: ci 3 c n e: cz ms Signature: �I ��� /) i //�/ Name z--- ___K i i_1 - a!L all Y! .c_i-e_ _. \Le1 Address Signature: 1'`1_ --3- 7 __LA-1(-0 ∎ r _(--t_C..\__ Nick _ k-- - JJ Name: (I— 1 \ .,� Address: c-__-; J- Signature: � 1 11 v Name: 4 / W L"K r ,e ∎, `k-ur- -A u \c L7 0-1,-.] I cv l�9..�.z s Frei r i Name: Address: c;257 4e,-; Signature: I v 1 /pp e Name: NJ.i&1 Address: L2-A- --0 -ILA Signature: - --- --- -------- ------------------------------ Name: Address: L . I. la aC:140_C.) CC CLA_)1.2\ N-C ,_ Signature: ir Name: c (rTh Address: 77- A , , Signature: c A /7 ,24( Ic ?"-/ 4cna Name: Address: , / 3 ( eQtrOtp2_ZAJ Signature: T1- • Name: us- 1 ke-y1A_ Address: as Signature: 4 Name: (, I - _ �j-62:,i E l e_�l r a CiN\ N e) c hov r Address: i Signature: — -i Name: :zi-r,, I AA J ti Address: r ^ Signature: Ze-r_ "-' -L.,is Name ;,y j l Address: Signature: ,---, �� i --,L Name: _ y Address: Signature: / ✓ Name: 0 Address: 6 2, t r.:=b f l„.„2 s e, 0 , Signature: Ft ! lc e�'/ Lt t.' Name: c Address: Signature: s PBD-2013-54 Niagarafalls August 13, 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-2013-54 AM-2013-012, Zoning By-law Amendment Application 6570 Frederica Street Applicant: 800460 Ontario Ltd. (Eric Henry) Agents: Rocco Vacca, Sullivan Mahoney LLP and Al Heywood, Matthews, Cameron, Heywood Surveying Proposed 40 Unit Townhouse Development RECOMMENDATIONS That Council approve the Zoning By-law amendment application to place the lands under a new site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the number of townhouse dwelling units to be increased from 33 to 40. EXECUTIVE SUMMARY The applicant has requested a Zoning By-law amendment to incorporate a strip of former parkland in the development and to increase the number of townhouse dwelling units from 33 to 40. The amendment can be supported because: • the proposal conforms with the Official Plan's locational requirements for medium density housing and is compatible with the surrounding development in terms of design and building height; • the requested changes to the zoning standards are minor in nature; and • holding (H) regulations that currently apply to the lands, requiring a noise study, environmental assessments and a Record of Site Condition, will remain in place to ensure the lands are safe for residential use and noise is mitigated. BACKGROUND Proposal A Zoning By-law amendment is requested for 1.3 hectares (3.3 acre) of land known as 6570 Frederica Street (the former Stamford/Jack Bell Arena site) and a former portion of Prince Edward Park (see Schedule 1 attached). The land was acquired by the applicant from the City earlier this year. The amendment is requested to permit the development of a 40 unit townhouse project. The attached Schedule 2 shows details of the development. August 13, 2013 - 2 - PD-2013-54 The majority of the lands are zoned Residential Low Density, Grouped Multiple Dwellings (R4(H)-895) with site specific regulations that permit 33 semi-detached and/or townhouse dwelling units. A small portion of the lands that were formerly part of Prince Edward Park are zoned Open Space (OS). To allow the proposed development, the applicant is requesting the whole of the lands to be placed under a new R4 zone with additional site specific lot area, exterior side yard width, lot coverage and separation distance between building regulations, as well as permitting required parking to be provided in tandem and allowing front and exterior side yard parking to be screened with a decorative fence. Site Conditions and Surrounding Land Uses Most of the lands were formerly occupied by the Stamford/Jack Bell arenas (which have been demolished) and associated parking and landscaping areas. A small portion of the lands were formerly occupied by Prince Edward Park. The property slopes gradually down in a south to north direction (Cook Street to Frederica Street). There are some trees close to Prince Edward Avenue, on the former Park area and along Frederica Street. The surrounding properties are developed primarily with single-detached dwellings. A vacant parcel of land on the north side of Frederica Street across from the subject lands is intended to be developed with semi-detached dwellings. Highway 420 is located further to the north of this vacant parcel. The remaining portion of Prince Edward Park exists to the south west of the property at the corner of Prince Edward Avenue and Cook Street. 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 from a Provincial or Regional perspective. The proposal will help the City achieve intensification targets for new development within the City's built-up area. - Holding provisions that apply to most of the site, requiring a noise study, environmental site assessments and a Record of Site Condition, should be included in the new by-law. • Ontario Ministry of Transportation (MTO) - No objections. A Building and Land Use Permit from MTO is not required. • Transportation Services - No objections. Existing roads are adequate to serve the development and no traffic study is required. August 13, 2013 - 3 - PD-2013-54 In response to concerns about speeding traffic along Highland Avenue, transportation operations analyses were conducted in 2007 and 2012. No speeding issues were found. No further action is recommended. • Municipal Works No objections. Servicing issues shall be addresses at the time of plan of condominium and/or site plan stage. • Parks Design, Fire Services, Legal Services, Niagara Falls Transit No objections. • Resident Comments A letter was received from a resident and is included on tonight's agenda for consideration. The letter cites concerns with traffic, including speeding along nearby Highland Avenue. Neighbourhood Open House A neighbourhood open house was held on July 8, 2013. A total of 7 neighbours were in attendance, along with the applicants and the applicants' surveyor. The neighbours asked questions about building design and the future redevelopment of the park. The applicants provided information on the type of townhouse dwelling units that would be built(bungalow units with some 2 storey units close to Frederica Street), and fencing details. The anticipated time frame of the park redevelopment was provided. The residents expressed no concerns with the townhouse development and requested to be involved in further discussions on the park redevelopment. This redevelopment is proposed to be added to the 2014 Capital Budget process for consideration. ANALYSIS 1. Provincial Policy Statement and Growth Plan Provincial policies require 40% of all residential development to occur through intensification within a municipal built-up area by the year 2015. The development of vacant parcels at densities higher than the surrounding lands is one form of intensification. The proposed development is an example of this. 2. Official Plan The subject lands are designated Residential in the City's Official Plan and are intended to be primarily developed for housing. The lands can be considered for medium density forms of housing up to 50 units/ha because they are located on a collector road. August 13, 2013 -4 - PD-2013-54 The proposed development would add 7 units to the 33 units already permitted on the property. The proposal would raise the density of the project to 33 units per hectare which is considered medium density. The form of housing would be compatible and complementary to the neighbourhood. 3. Zoning By-law Most of the property is zoned site specific Residential Low Density, Grouped Multiple Dwellings (R4(H)-895). This zone contains site specific, lot area, front and rear yard depth, interior side yard width, lot coverage, building separation, privacy yard and private garage regulations which would permit the majority of the land to be developed with 33 semi-detached and townhouse dwelling units. A small portion of the land (along the north side of Prince Edward Park) is zoned Open Space (OS). The applicant has requested a new site specific R4 zone be applied to the whole of the lands. The new site specific R4 zone would incorporate most of the site specific regulations contained in the R4(H)-895 zone discussed above. The applicant has requested the following site specific modifications to the R4 zone regulations that currently apply to the site: Required Proposed Minimum Lot Area 350 square metres 300 square metres Minimum Exterior Side Yard 4.5 metres plus 10 metres 3 metres Width from centreline of Frederica St. Minimum Lot Coverage 40% 45% Minimum Distance Between 3 metres to 5 metres 3 metres Buildings on Same Lot Provision of Required Parking not permitted permitted Spaces in Tandem Screening of parking spaces in decorative wall or landscaped decorative fence front and exterior side yards berm permitted The requested lot area standard is in excess of the typical standard for townhouses in the R4 Zone (250 square metres). The proposed lot area standard would ensure that no more than 40 units are built on the land. The reduction in the exterior side yard is necessary to accommodate a single unit flanking onto Frederica Street. This minor reduction is not expected to have a significant off-site impact. The increase in lot coverage is necessary to accommodate bungalow townhouses which have larger building footprints. The proposed coverage is acceptable given the proposed setbacks and landscaped open space. The proposed separation distance of 3 metres between the townhouse blocks are consistent with the Ontario Building Code. As such, this standard is acceptable. August 13, 2013 - 5 - PD-2013-54 The proposed development provides parking spaces in excess of the minimum number. Some of these spaces will be provided in tandem. There are no objections to this and no off-site parking issues are expected. As there is only a limited amount of parking area in the front and exterior side yards, allowing these spaces to be screened with a decorative fence rather than a wall or landscaped berm is acceptable. A low fence would allow visibility for safe egress from these spaces. Details of the fencing and related landscaping can be finalized at the plan of condominium or site plan stage. The amending by-law will retain the holding (H) symbol and related regulations that currently apply to most of the site to secure a noise study, environmental site assessments and a Record of Site Condition prior to development. These studies are necessary to ensure noise from Highway 420 is mitigated and the site is safe for residential uses. City staff understand that the necessary studies have been initiated. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Well Planned City strategic priority in that it provides for infill development that occurs in an orderly and efficient manner to take advantage of existing infrastructure. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Site Plan Recommended by: I-6, }4 n- ti' Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce.mb Attach. S.\PDR\2013\PBD-2013-54,AM-2013-012, 6570 Frederica Boulevard.wpd August 13, 2013 -6 - PD-2013-54 SCHEDULE I LOCATION MAP Subject Land N i --F- --- i __ __._--- FREDERICA ST , sr 1 -1--- 0,94:C;47,4)-r.,4.1`4;x dim w ' t ;R "v ‘, = 3�� ' a aia;ft, n) 3 `t r: a> Y c m ,fit � ",`. I ., ': , 1tik r D D s�° � w � *} *� .� :If: Aft xi '1 Former Parkland a�x s ,' ms s ,tit ; " r` COOK ST COOK 5T _ _—_— q 1 J1 _}, r_____— —I 303 2013 Amending the Zoning By-law No. 79-200 Location: 6570 Frederica Street Applicant: 800460 Ontario Ltd. AM-2013-012 August 13, 2013 -7 - PD-2013-54 SCHEDULE 2 GLENFIOL,ME A VENUE • 91. 9 --Tai'.,,,r F.... 1 n 1_ to I ..sz,l t R.Al a� .t___L___.1„ .� -- -�-L" 4 ' .'n-. €* .L^:.J _� } , _i . S tin r ' I F-- L,-sa, „ m +-.7- 7 cal- y. 4a� '-"'fix' � 'ti`R"'i� 1 4a , m m 4 Y I ■ -- ---t — Al 1....n m..a rta T r xit. -- - - 4 . ' n".dr:._ 1 -1-4.-• ! may, . c ttp. r -, 1� i . to".� .. - •.,x asp . _ PRINCE FL WARD .4 VENUE PBD-2013-56 Niagara,Falls August 13, 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-2013-56 AM-2013-009, Zoning By-law Amendment Application 8056 McLeod Road Applicant: Urban & Environmental Management Inc. Owner: John Lee Proposed 125 Unit, 12-Storey Apartment Building RECOMMENDATION That Council approve the Zoning By-law amendment application to permit a 125 unit, 12- storey apartment building with accessory uses, to be developed on the land. EXECUTIVE SUMMARY The applicant is requesting a zoning amendment to permit the construction of a 125 unit, 12-storey apartment building. The zoning of the land is requested to be changed to a Residential Apartment 5E Density (R5E) zone, with site-specific regulations to reduce the minimum lot area per dwelling unit, minimum interior side yard depth, minimum required parking and increase the maximum building height. The application can be supported because: • The application involves development within a settlement area, which is contemplated by Provincial, Regional and City policies. • The proposed height of 12 storeys and density of 155 units per hectare is appropate and supported in this location by the Garner South Secondary Plan. • The proposed building is 9 storeys in height at the front of the building, which will help reduce the impact of massing of the building at street level. • The reduced side yard setback can be supported since the buildable area of the property is constrained by a Provincially Significant Wetland, which requires the building to be pushed towards one side of the property in order to maintain a proper setback from the wetland. • If required, a holding provision (H) will be used to ensure a Phase Two Environmental Site Assessment is completed and, if necessary, a Record of Site Condition is properly filed with the Ministry of Environment. BACKGROUND Proposal The applicant proposes to construct a 125 unit, 12-storey apartment building on the subject lands. Future applications for Site Plan Control and Plan of Condominium would follow should this application be approved. August 13, 2013 - 2 - PBD-2013-56 The subject land is 7858.33 square metres (1.94 acres) and vacant. Approximately 3100 square metres (0.77 acres) of the site is a Provincially Significant Wetland (PSW), including a 15 metre (49 foot) buffer. The subject lands are currently zoned Light Industrial (LI) by Zoning By-law No. 79-200. The zoning of the land is requested to be changed to Residential Apartment 5E Density (R5C), in part, with site-specific regulations to reduce the minimum lot area per dwelling unit, minimum interior side yard depth, minimum required parking and increase the maximum building height. The zoning is also requested to be changed to Environmental Protection (EP) to prohibit development with in the PSW and its associated buffer. Surrounding Land Uses The subject property is bordered to the east and west by vacant land containing environmental features (PSW and woodlands). Further to the east are commercial uses along Pin Oak Drive. To the north is a 6 storey residential apartment building and block townhouse dwellings, owned by Niagara Non-Profit Housing. The land to the south is a construction yard for Niagara Peninsula Energy Inc. Circulation Comments • Municipal Works Department - No objection to the application. Stormwater is currently handled by a roadside ditch along McLeod Road. As part of an upcoming reconstruction of McLeod Road (anticipated in 2014) a 600 mm storm sewer will be constructed in front of the subject property. Should the applicant proceed with construction prior to the reconstruction of McLeod Road, on-site stormwater storage will have to be provided. These details can be addressed at the time of Site Plan Control. The City's Landscape Architect has no objections to the application and notes several items (parkland dedication, pedestrian connections and landscaping) that will need to be addressed at the time of Site Plan Control. • Transportation Services Department - Transportation Services has no objections to the application. The requested reduction in parking is less than two percent, which will not have a negative impact on the site. A 3.0 metre (10 foot) road widening is required along McLeod Road and has been shown on the plan. Details about entrance widths and curb return radii can be addressed at the time of Site Plan Control. • Building Services/Fire Department/Clerks Department/Legal Department - No objections. • Niagara Peninsula Conservation Authority (NPCA) - No objections to the application subject to the PSW and 15 metre (49 foot) buffer are rezoned to EP. The NPCA has reviewed the applicant's environmental impact study (EIS) and stormwater management brief. The August 13, 2013 - 3 - PBD-2013-56 NPCA has no objection to these documents. Detailed grading, stormwater servicing, and construction sediment control drawings will be required at the time of Site Plan Control. • Region of Niagara (the Region) No objections to the application. Given the subject property's proximity to existing industrial lands (abutting lands to the south), the Region recommends the following warning clause be incoroporated into the Site Plan Agreement: Purchasers/Tenants are advised that due to the proximity of this development to surrounding industrially zoned lands and industrial operations, the operation of future industrial facilities may resuilt in impacts (e.g. noise, dust and/or odour) that may occasionally interfere with some activities of the apartment occupants. The Region recommends that an H be included in the zoning for the subject property requiring the applicant to complete a Phase Two Environmental Site Assessment and, if necessary, obtain a Record of Site Condition. The Region also notes that the applicant conducted a Stage 1 and 2 Archaeological Assessment, which concludes there are no archaeological resources on the subject property. That report has been submitted to the Ministry of Tourism, Culture and Sport, however, the Ministry has not confirmed in writing that there are no further archaeological concerns. An H, or alternatively a clause in the Site Plan Agreement, should be included to ensure clearance is obtained from the Ministry. Neighbourhood Open House A neighbourhood open house held on July 3, 2013 was attended by the owner, his consulting team and the neighbouring property owners. No objections to the application were expressed at the open house. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The application conforms to the Growth Plan and is consistent with the Provincial Policy Statements as follows: • The application involves development of land within the urban boundary and built-up area. • The proposed development makes efficient use existing infrastructure and municipal services. • The proposed density of 155 units per hectare will help support transit in the area. • The proposed development contributes to the mix of residenital uses by providing high density housing. August 13, 2013 -4 - PBD-2013-56 • The proposed development maintains appropriate setbacks from the PSW on the property, thereby protecting this natural heritage feature. 2. Official Plan The subject land is within the Garner South Secondary Plan and designated High Density Residential, in part and Environmental Protection, in part. The application conforms to the applicable policies of the Garner South Secondary Plan as follows: • The height and density of the proposed development is 12 storeys and 155 units per hectare. The Residential, High Density designation supports heights up to 12 storeys and densities in excess of 125 unit per hectare where properties are in proximity to the Niagara Square Retail district and east of Kalar Road. The subject property is located on McLeod Road (an arterial road) and in proximity to the Niagara Square Retail District. • The proposed building is designed with two tiers so that the front of the building is 9 storeys to help reduce the massing of the building at McLeod Road. The front yard maintains an appropriate setback and will be generously landscaped. The surrounding lands are either currently developed with high density residential uses (lands to the north) or are designated for high density residential development (lands to the east and west). The lands to the south are designated Mixed Use, which allows for residential use at a density compatible with high density residential (75 units per hectare). Accordingly, the height and massing of the proposed building is compatible with current and future surrounding land uses. • The majority of parking for the site is accommodated by underground parking and the remaining surface parking located in the rear yard, which is encouraged by the Garner South Secondary Plan. The parking layout provides good vehicle movement through the site and will not create any traffic probelms on McLeod Road. • The proposed 155 units would contribute approximately 5 years to the supply of dwelling units in apartment buildings within the City, based on current absorption rates for apartment units. • The applicant's environmental impact study (EIS), which was approved by the NPCA, has determined that the location of the proposed building maintains appropriate setbacks from the PSW, including a 15 metre(49 foot) buffer and will not have a negative impact on the ecological function of the PSW. • The applicant's consulting engineer advises in his Phase One Environmental Site Assessment (ESA) that a Phase Two ESA is required for this site. The applicant has advised Planning staff that a Phase Two ESA is nearly complete and should be availalbe before August 13, 2013. A holding provision (H) will be included in the zoning for the property that would be removed upon submission of a Phase Two ESA and, if necessary, filing a Record of Site Condition (RSC)with the Ministry of the Environment. Should the Phase Two ESA be submitted prior to August 13, 2013 and not require a RSC, then the H provision would not be required. August 13, 2013 -5 - PBD-2013-56 3. Zoning By-law Amendment The subject lands are currently zoned Light Industrial (LI). The zoning of the lands is requested to be changed to a Residential Apartment 5E (R5E) Density zone. The applicant has requested several site-specific amendments as noted below: Zone Provision Required Requested Minimum Lot Area 67 square metres for each 62 square metres for each dwelling unit dwelling unit Minimum Interior 1/3 the building height 5.6 metres (east side) Side Yard Width (13.16. metres) Maximum Height 25 metres 39.5 metres Minimum Parking 175 parking spaces 172 parking spaces • The requested lot area reduction is considered minor as the site maintains an appropriate level of open space, accommodates all the required parking and the site conforms with the intent of the Garner South Secondary Plan with respect to density. • The reduced interior side yard setback can be supported since the property is constrained by a PSW along the west lot line, which forces the building to be sited towards the east side of the property. This combined with the fact that the subject property is narrow, results in the 5.6 metre setback from the east lot line. • The 39.5 metre (12 storey) height of the building conforms with the intent of the Garner South Secondary Plan. The front portion of the building is 28.2 metres (9 storeys), which is a minor increase from the 25 metre maximum in the R5E zone and helps reduce the visual impact of the buildng at street level. • The reduction of three parking spaces is considered minor and supported by the Transportation Services Department. • If necessary, an H provision will be included in the zoning to ensure that a Phase Two ESA is completed and, if necessary, RSC is successully filed with the MOE. • The applicant has provided a 0.5 metre landscape strip between the east property line and the access driveway. While not a zoning requirement, Planning staff recommend that the applicant try to achieve a 1 metre landscape strip, which would better facilitate snow storage along the side of the access driveway. Based on the above, Planning staff considers the proposed amendments to be appropriate and supports the application. August 13, 2013 -6 - PBD-2013-56 FINANCIAL IMPLICATIONS The proposed development would generate development charge contributions and tax revenue for the City. CITY'S STRATEGIC COMMITMENT The applications conform to the City's Official Plan policies which encourage intensification and efficient use of land. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Applicant's Site Plan • Schedule 3 - Building Elevation Recommended by: /. 1 Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer D Deluce Attach S.\PDR12013\PBD-2013-56, AM-2013-009. Kalar Ltd.wpd August 13, 2013 -7 - PBD-2013-56 SCHEDULE 1 -5,. ate.. swan. Ma iii, c ■, 1:4706 as,.011..... l ...0•1•,. an / a�a vy, r M pD RD , / ......----- I ,. . RD•D =;: f ��_ o To 7C j o 1�1. Y f August 13, 2013 -8 - PBD-2013-56 SCHEDULE 2 II' I 1 w O r' ' YYY i di q I i1 lj 1 Litt k A 1�j O� na 2 , I c -.,I F,FL- P- ., V J� ETRIC NOTE " August 13, 2013 -9 - PBD-2013-56 SCHEDULE 3 , ,..-i 1 1,- , ± IL. .,_ . • i a i 1 1 - -- - Ii .. 1, si.r.esa mannax4. I A- --- , aatt.alaLCA__.__Kteaahaat' itili ' -- - I Mt tif‘:',I■t nil}1%.p! .zt;i 4,i Jo: -'- -- „ .. •, • cwit,-;t149 4 bi 1 ,-•VW>.,Orei:.'SRL II'ige4-.4 N-144: ,c, i ,, , ‘, MI'''''.•1;-''.;: ?1'.^ils's . wz,,.,9 4 . .f',:;-•',,;,',:., , !as.)..tiv,)..-0,4',41,t.- - '4.41 - Th:-.11 '3 tt.4..,-;fr.g. / L.- ,mi,- t.*Ot,tle fr:'"7:: I, lir: — Zroi -2.. . .1 i ,1 i,,,. ..,! •at:ass, Hari k.... ism:matt 40.: 01,-:,,„ moll e •-.-r, •••••••711t ' ttel'aVe.jitikt 1 ifieg a aczarti.Patisit s I , i.„ ,-1,,. , ,),40,,_ I : SIR i — - all -:-,----- p---r"-*---r-- . a ....... , 1 . ,.. , . Vii ri I\1 i 1 i \ II i il I'll III lit Li Slit I II III 1 IS IL ,111111 ; t i al I li 5 .,1111 ,11 ,E i ■ i Ifit \ el Stilt a ,14 II li 'oli in 't tHi soma silsiLgua ' it, wi \ 1 ;lk n II a n a II zi iPsi 'a 4, I as as LW 1 C - • • : Mint AI I .. ".1 PBD-2013-52 Niagara] ps August 13, 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-2013-52 SBA-2013-001 Proposed Housekeeping Revisions to the Sign By-law RECOMMENDATION That Council approve the proposed housekeeping revisions to the Sign By-law. EXECUTIVE SUMMARY On March 26, 2013, a public meeting was held where Council considered proposed amendments to the Sign By-law. Council deferred its decision on the proposed amendments, directing staff to conduct further public consultation with the City's Business Improvement Associations (BIA's). Staff has met with all but one of the City's BIA's and are working to address their concerns. Staff will prepare proposals for by-law revisions that will be presented in the Fall to continue the dialogue with the BIA's. Since the public meeting, staff has met with a number of individuals who wish to erect signs for churches, schools and new development but cannot proceed without either amending or varying the provisions of the by-law. Because of this, staff is bringing forward certain housekeeping revisions that would introduce new categories of signs that would allow for institutional uses within residential areas to have signs, new development signs to be erected without a variance and signs for agricultural uses. There are also minor wording changes made to clarify and contemporize the by-law. BACKGROUND On March 26, 2013, a public meeting was held where Council considered proposed amendments to the Sign By-law. Because of concerns raised by some tourism operators, Council deferred its decision on the proposed amendments, directing staff to conduct further public consultation with the City's BIA's. Staff has met with all but one of the City's BIA's and is currently drafting revisions to the by-law that will address their concerns. Once completed, staff will meet again with the BIA's to continue the dialogue with the view to achieve consensus prior to bringing these revisions to Council. August 13, 2013 -2 - PBD-2013-52 Since the public meeting, staff has met with several individuals representing churches as well as developers requesting permission to erect signs. In both cases, the by-law would not allow for such signs, resulting in either amendments for the former or variances for the latter. Some of the amendments presented to Council on March 26th would have allowed for such signs. As the BIA's did not express any concerns regarding these housekeeping revisions, staff has brought these forward for Council's consideration. The revisions were sent to the BIA's in advance of this meeting. The revisions are detailed in Appendix 1 (attached) and summarized below. Summary of Proposed Revisions �' W 1. Definitions: Several 1111111Wat:idefinitions are to be included a '- ". in the by-law mostly as a * ' result of the introduction of +-4 tild:..a r y/ new sign types. Other j j � rc k changes to definitions have . :��i��' •'� i, been made to further clarify 9 �,>.0' . ,'f yd terminology. s =i ' ,% 2. New regulations: Three ,- ...,,„*..1,t-,'H,,' i' -. ; ,'a' i r-mr.„ new sign types are to be }°"w,:a r •_,�- +,., introduced: institutional ar'','�r-� signs, new development mallet r .fir' ��,, signs and agricultural signs. ° " , ;:, -r ,1, As the by-law currently does �, not permit signs within � P 9 i�;i i� residential areas, churches, 'are^ as well as other institutional „_- uses (e.g. long term care i'.M�___ .�--r facilities) are not permitted to _ a. erect new signs. The 8 _^.�.. = introduction of institutional -- n------WA S-° 0 -....—. signs will alleviate this issue. ° gnaws. ° ..,_.�._ Similarly, new development signs will allow for the erection of signs advertising new development, which is currently not permitted in residential areas. Agricultural signs will allow for farms and home industries to erect signs. A new regulation is also being introduced that will not require a proponent to obtain a sign permit where a permit is required from either the Ministry of Transportation or Niagara Region. This will reconcile a jurisdiction issue that now exists in the current by-law. 3. Wording Changes: Several minor wording changes have been made to the regulations to reflect the above revisions or to contemporize the by-law to reflect City administrative changes, e.g. in sections 20 and 2, inclusion of the word "Building" into the title "Director of Planning, Building and Development" and to replace the term "Director of Building and By-law Services" with "Chief Building Official". August 13, 2013 -3 - PBD-2013-52 CONCLUSION The housekeeping revisions will allow for the erection of new signs thus relieving the burden and cost of amendments or variances on proponents. The housekeeping revisions proposed will also provide for an updating of the by-law that will make it less onerous and more clear. Administration and implementation of the by-law will be more efficient with less variances required. FINANCIAL IMPLICATIONS There are no financial implications to the City that would result from the approval of the update to the Sign By-law. CITY'S STRATEGIC COMMITMENT The update to the Sign By-law fulfills Council's commitment to a well-planned City. LIST OF ATTACHMENTS Appendix 1 - Proposed Housekeeping Revisions Recommended By: f l I l J� C 1. Alex Herlovitch, Director of Planning, Building & Development Respectfully Submitted: ) `'�1✓�iV " Ken Todd, Chief Administrative Officer J.Barnsley Attach S.\PDR\2013\PBD-2013-52, Proposed housekeeping revisions to the Sign By-law.wpd Appendix 1 Proposed Housekeeping Revisions The following housekeeping revisions are proposed: 1. Introduction of the following definitions: "Agricultural land use"means the use of land, buildings or structures for agriculture or agricultural-related uses or land zoned Agriculture in the Zoning By-law. "Agricultural sign"means a sign erected on an agricultural land use. "Construction sign"means a type of temporary sign that provides information about the activity occurring at a construction site. "First party sign"means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are only available at or related to the premises where the sign is located. "Institutional land use"means the use of land, buildings or structures for any use permitted under the Institutional zone or land zoned Institutional in the Zoning By-law. "Institutional sign"means a sign installed on an institutional land use. "New development sign"means a first party sign or third party sign which identifies or provides information relating to or advertising a development or the construction of a building or buildings. 'Projecting sign"means building mounted sign with the sign faces perpendicular to the building fascia, excepting an awning sign and a canopy sign. "Third party sign"means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are not available at or related to the premises where the sign is located. "Wall area"means the total area of an upright or vertical side of a building including any articulations. Where a building is comprised of podium and tower components, the wall areas of the podium and tower shall be treated separately. metres For a third party sign — 30 square metres Minimum setback from a property 5.0 metres line Number of signs per street 1 Sign shall be removed when the City assumes the plan of Duration subdivision or within 60 days of the issuance of an occupancy permit. 18.0 INSTITUTIONAL SIGNS The regulations governing the institutional signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 7 Institutional Sign Regulations Type of signs permitted ground sign, fascia sign, projecting sign Maximum number of signs permitted 3 Maximum readograph sign area 15% of the sign area Lot frontage Max. sign area O to 15m 2.3 sq. m Maximum sign area L 16m to 23m 4.6 sq. m 24m to 31m 7.O sq. m >31m 9.3 sq. m Lot frontage Max. height 0 to 15m 2.4m Maximum height of a ground sign 16m to 23m 3.6m 24mto31m 6.0m >31m 7.5m 1.5 metres from any property line except where a ground sign has less than 1.2 Minimum setbacks for a ground sign metres of ground clearance which shall have a minimum setback of 3.0 metres from a streetline. 19.0 Agricultural Signs The regulations governing the agricultural signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 8 Agricultural Sign Regulations Types of signs permitted ground signs Maximum height 2.0 metres _ �! Maximum sign area 3.0 square metres 1.5 metres from any property line except {i where a ground sign has less than 1.2 Minimum setbacks metres of ground clearance which shall have a minimum setback of 3.0 metres from a streetline 20. 12 In the event that the Director of Planning, Building and Development has refused to grant the minor variance, the applicant may appeal the refusal to Council and the following rules shall apply: (a) The applicant shall deliver written notice of his intention to appeal to Council to the City in the prescribed form together with the prescribed fee within ten days of the date of the decision. (b) The Director of Planning, Building and Development shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard; (c) The Director of Planning, Building and Development shall submit a report to Council stating the rationale for the decision. (d) The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. (e) Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the same matter before Council and the decision of Council on the application shall be final. (f) If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the Director of Planning, Building and Development is final. 21.4 In the case of a proposed general amendment to this by-law, notice shall be given by publishing a notice in a newspaper that, in the opinion of the City Clerk or the Director of Planning, Building and Development, is of sufficiently general circulation in the area to which the proposed general amendment would apply that it would give the public reasonable notice of the public meeting. 3. The following regulations are modified or deleted: 7.1.2 A fascia sign may project a maximum of 0.45 945 metres from a building face over the streetline. shall be attached to each building face. 4. Minor wording changes: Several minor wording changes have been made to the regulations to reflect the above revisions or to contemporize the by-law to reflect City administrative changes, e.g. in sections 20 and 21, inclusion of the word "Building" into the title "Director of Planning and Development" and to replace the term "Director of Building and By-law Services" with "Chief Building Official". 0 0 c 3 c z 3 > 1 O 2 y ROYAL CANADIAN LEGION BRANCH 51, 5610 FRASER STREET, NIAGARA FALLS, ONTARIO. L2E 3C9.- -- JUNE 10,2013. MAYOR JIM DIODATI, 4310 QUEEN STREET, NIAGARA FALLS, ONTARIO. L2E 6X5. DEAR MAYOR DIODATI; BRANCHES 51, 396 AND 479 OF THE ROYAL CANADIAN LEGION, REQUEST YOUR PROCLAMATION OF" LEGION WEEK IN NIAGARA FALLS "FOR THE WEEK OF SEPTEMBER 15-21, 2013. CEREMONY FOR RAISING OF THE LEGION FLAG FOR THAT WEEK WOULD TAKE PLACE ON MONDAY, SEPTEMBER 16, 2013 AT 10 A.M. SHARPP, YOUR WRITTEN ACKNOWLEDGEMENT OF THIS MATTER,, WOULD BE GREATLY APPRECIATED AS IT IS IMPERATIVE THAT ALL BRANCHES BE NOTIFIED AS EARLY AS IS POSSIBLE SO EACH CAN HAVE THE PROPER REPRESENTATION AT THIS IMPORTANT EVENT. eon% THANK YOU . I REMAIN RECEIVED JUL 1 0 1013 YOB'$OFFICE SHARON WINGER V PRESIDENT- BRANCH 51 4. 6 8, Dean Iorfida From: Carey Campbell Sent: Monday, July 29, 2013 4:46 PM To: 'Permod Goyal'; Jim Diodati Cc: 'Sudesh Gupta'; Cathy Crabbe; Dean Iorfida Subject: RE: India's Independence Day Apologies, Permod: I didn't read closely enough. I've included Dean lorfida on this email so that he may include your request for a proclamation to come before Council. Dean, kindly include Permod's request. Many thanks. Carey Original Message From: Carey Campbell Sent: Monday, July 29, 2013 2:30 PM To: 'Permod Goyal'; Jim Diodati Cc: Sudesh Gupta; Cathy Crabbe Subject: RE: India's Independence Day Hi Permod: Thanks for your follow up call to the office today. We did receive your email, as confirmed. I've included Cathy here so she may be in touch to help work on the details with you. Thanks, carey Original Message From: Permod Goyal [mailto:fallsview @me.comj Sent: Saturday, July 27, 2013 4:32 PM To:Jim Diodati Cc: Sudesh Gupta Subject: India's Independence Day Hello Mr Mayor. I would like to make proposal from our Indian community of Niagara. We request you to proclaim Aug, 15 as India's Independence Day in the city of Niagara Falls, We would like to hoist an Indian flag at the city Hall for this day, Thanks Permod Goyal Sent from my iPhone 1 Memorandum TO: Dean lorfida, City Clerk DATE: Tuesday, August 13, 2013 FROM: Beth Angle, Community Development Coordinator Recreation & Culture Department RE: Arts & Culture Committee Appointments Recommended New Members Four individuals have resigned from the Arts & Culture Committee since their appointment to the 2011-2014 term of the Arts & Culture Committee. These resignations have resulted in the total number of committee members being reduced to seven, which is below the recommended minimum of eight, and substantially below the maximum of twelve. As per the General Terms of Reference to Advisory Committees of Council approved in 2011, City Council may choose to not fill a vacancy(s), go the runner up list from the beginning of the Council term, or accept recommendations from the Advisory Committee. There were no runners-up from the original application process and the Arts & Culture Committee would like to make recommendations to fill the five vacant spots. The Arts & Culture Committee is recommending that the vacancies be filled by Debra Attenborough, Lynzey Ruscitti, Daniel F. Manchego-Badiola, Barbara Buetter, and Laurie Crain-Anez. Please see attached for additional information on the recommended individuals. Arts & Culture Committee Recommended New Members for Appointment Debra Attenbourough, Ph.D. • past Arts & Culture Committee Member • Executive Director of the Niagara Falls Art Gallery • dedicated community volunteer Lynzey Ruscitti • artist • owner of Singsilver Fine Art by Lynzey Ruscitti • recent graduate from Brock University in Fine and Visual Arts Daniel F. Manchego-Badiola • artist • art instructor at the Niagara Falls Art Gallery • recent graduate from Brock University in Visual Arts Barbara Buetter • past Arts & Culture Committee member • current President of the Niagara Falls Art Gallery, member for 15 years • full time professor at Niagara College Laurie Crain-Anez • past Arts & Culture Committee member • elementary school art teacher • personal and professional dedication to arts education and the arts in education Dean Iorfida From: General Manager <gm @niagarafallsdowntown.com> Sent: Thursday, August 01, 2013 2:14 PM To: Dean Iorfida Cc: Tim Burshtein; Marzenna Carrick Subject: RE: Street Closure Excellent and will do. Thanks Dean NK From: Dean Iorfida [mailto:diorfida©niagarafalls.ca] Sent: August-01-13 12:06 PM To: 'General Manager' Cc: Tim Burshtein; Marzenna Carrick Subject: RE: Street Closure Nem: We don't have a meeting until August 13th. I suggest he submit the fee and we can hold it and then Council could consider the request at their next meeting. Thanks Dean From: General Manager [mailto:gm 8Jniaga•afailsCowntown,com] Sent: Thursday, August 01, 2013 11:50 AM To: Dean Iorfida Subject: Street Closure Dean: Joe Mrkalj from Grand Central is hosting 15th Annual Miles for Smiles Charity Poker Run at Grand Central on August 10th, 2013. He want to close down Crysler Ave between Park and Queen for the day. Can he ask council to waive the street closure fee of$350, it's a charity event Regards, Nemanja Kuntos BSc General Manager BIA Downtown Board of Management Office Location: 4660 Queen Street Niagara Falls, ON L2E 2L8 P: 905-356-5444 C: 289-407-2989 F. 905-356-5667 i Clerks Department Inter-Department Memorandum TO: Mayor James M. Diodati DATE: August 13, 2013 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Alzheimer's Society Call for National Dementia Strategy Attached is a communication from the Greater Sudbury Alzheimer's Society calling for a National Dementia Strategy. Staff can certainly recommend such a strategy provided that the superior levels of government fund such a strategy. Lower-tier municipalities like the City of Niagara Falls are not responsible for health or social services. Pr Working Together to Serve Our community Societe:AlzheimerSociety S U D B U R Y - M A N I T O U L I N Dear Sir or Madam. RE: ACTION: Dementia Care Strategy Ivey 5 minutes, a new case of dementia is reported in Canada. I am contacting your municipality to discuss the need for collaboration as Canadians to work together to implement a national. prof incial. and municipal dementia strateg' to meet the 2rowintr needs of all citizens in the next 30 ears. Alzheimer's disease and related dementias are progressive and degenerauiy e diseases of the brain that cause thinking and memory to become impaired. Currently. over 500,000 Canadians are living with Alzheimer's disease and related dementias (including 00,000 Ontarians i and within the next generation this number is expected to rise to 1.1 million people. The current health care costs associated with these diseases are o'er SIS billion annually and this amount is steadily increasing. Alzheimer's disease and related dementias have a momentous impact on those living with these diseases and also their caregivers. families, health care pros iders. and communities. Some of the consequences of people living with Alzheimer's disease and related dementias include the need for support from informal caregivers, the need for more in- home supports to reduce the use of hospital and long term care beds, the need for more housing models including supportiyc housing. and financial assistance to ensure that people at risk are receiving the subsidized support that they need. Alzheimer's disease and related dementias are not a normal part of the aging process and it affects us all, directly and,or indirectly. Many countries hays recognized the urgency and impact of Alzheimer's disease and related dementias and have developed strategies accordingly . Canada does not have a strategy for supporting the people, health care system. and communities that are affected by Alzheimer's disease and related dementias. I am asking that you discuss and pass a resolution in your municipalit) . such as the City of Greater Sudhun. to support the people in your area yyho are affected by dementia and to also reduce the burden of dementia in your community in the future. 13' building this ayvareness and through sending this resolution to the Government of Ontario and Government of Canada requesting urgent action for the development of a dementia strategy at all levels of government. we mac put into place a plan of action reducing fiscal expenditures. For more information about the need for a national dementia strategy. please see the 120110l%i112: IL ._t\\ u zh irlcr_ a (jet-in n 91\. R 1tse=d our- toice'Risinc--Tide . �h yA sOCIETE ALZHEIMER SOCIETY SUDBURY-MA.NITOULIN 9608 NOTRE DAME AVENUE,SUDBURY ONTARIO -3A 214 TEL. FAX- 0051 560-6R38 TOLL FREE 1-800 3107-6369 E MAIL mFo0alzheimersudburyca www.alzhe mersudbury.Ea CHARITABLE RECiS R;YPON NUMBER'12423 7'24 RR 9001 I have included a draft resolution passed by the City of Greater Sudbury and supported by Alzheimer Society of Ontario and Alzheimer Society of Canada in support for Members Bill 356 (national) and Members Bill 54 (provincial). i look forward to following up with you about this matter and remain hopeful that your council can pass this resolution at your next council meeting. For more information. please communicate with Jackie Quesnel or myself at 705-560- 0603 or by email at Ilehlanc J alzheimerudhurc.ca Kind rewards. n ,/ , Lorraine LeBlanc Societe Alzheimer Society Sudbury-Manitoulin 960B Avenue Notre Dame Avenue Sudbury Ontario P3A =T4 Tel. 705-560-0603 Fx. 705-560-6938 Toll Free I-800-407-6369 E-Mail : lleblane«alzheimersudbury.ca flir fa''cebook CC: Honourable Mayor M. Matichuk. City of Greater Sudbury MP Claude Gravel. Nickel Belt. Ontario MPP Donna Canfield, Etobicoke. Ontario A Resolution in Support of a National Dementia Strategy Whereas Alzheimer's disease and other dementias are progressive, degenerative diseases of the brain that cause thinking and memory to become seriously impaired; Whereas Alzheimer's disease and other dementias most often occur in people over the age of 65 but can strike adults at any age; and Whereas Alzheimer's disease and other dementias affect more than 500,000 Canadians currently and that this figure is projected to reach 1.1 million within a generation; and Whereas Alzheimer's disease and other dementias also takes their toll on hundreds of thousands of families and care partners; and Whereas an estimated further three million Canadians face the burden and challenges of providing care for those suffering with Alzheimer's disease and other dementias; and Whereas there is no known cause or cure for this devastating illness; and Whereas the cost related to the health care system is in the billions and only going to increase, at a time when our health care system is already facing enormous financial challenges; and Whereas Canada, unlike many countries, does not have a national dementia strategy; and Whereas there is an urgent need to plan and raise awareness and understanding about Alzheimer's disease and other dementias for the sake of improving the quality of life of the people it touches; and Whereas MP Claude Gravelle Nickel Belt has introduced Bill C-356, An Act respecting a National Strategy for Dementia, as he works for broad, all party and non partisan support for an issue that touches us all. His legislation calls for a national plan that includes the development of strategies in primary health care, in health promotion and prevention of illness, in community development, in building community capacity and care partner engagement, investments in research and other (advisory board, objectives, investment in research, and caregivers and more) Now therefore, the City of INSERT YOUR TOWN HERE calls on all levels of government and the Federation of Municipalities to adopt a national dementia strategy, and urges all citizens of our communities to become more aware and engaged concerning the far-reaching effects of this devastating disease. CITY OF PORT COLBORNE �- 1 Municipal Offices M M 66 Charlotte Street Port Colborne, Ontario PORT COLBOKNE www.portcolbome ca COMMUNITY& CORPORATE SERVICES DEPARTMENT, CLERKS DIVISION July 23, 2013 The Right Honourable Stephen Harper Office of the Prime Minister 80 Wellington Street Ottawa, Ontario K1A 0A2 Dear Prime Minister: Re: Resolution for a National Dementia Care Strategy Please be advised that, at its meeting of July 22, 2013, the Council of The Corporation of the City of Port Colborne resolved as follows: That the resolution received from the Alzheimer Society, Sudbury-Manitoulin Re a Resolution in Support of National Dementia Strategy, be supported as follows: WHEREAS Alzheimer's disease and other dementias are progressive, degenerative diseases of the brain that cause thinking and memory to become seriously impaired; WHEREAS Alzheimer's disease and other dementias most often occur in people over the age of 65 but can strike adults at any age; and WHEREAS Alzheimer's disease and other dementias affect more than 500,000 Canadians currently and that this figure is projected to reach 1 .1 million within a generation; and WHEREAS Alzheimer's disease and other dementias also takes their toll on hundreds of thousands of families and care partners; and WHEREAS an estimated further three million Canadians face the burden and challenges of providing care for those suffering with Alzheimer's disease and other dementias; and WHEREAS there is no known cause or cure for this devastating illness; and WHEREAS the cost related to the health care system is in the billions and only going to increase, at a time when our health care system is already facing enormous financial challenges; and .2 Telephone: 905-835-2900 E-mail: ashleygrigg©portcolborne.ca Fax: 905-834-5746 -2- WHEREAS Canada, unlike many countries, does not have a national dementia strategy; and WHEREAS there is an urgent need to plan and raise awareness and understanding about Alzheimer's disease and other dementias for the sake of improving the quality of life of the people it touches; and WHEREAS MP Claude Gravelle Nickel Belt has introduced Bill C-356, An Act respecting a National Strategy for Dementia, as he works for broad, all party and non-partisan support for an issue that touches us all. His legislation calls for a national plan that includes the development of strategies in primary health care, in health promotion and prevention of illness, in community development, in building community capacity and care partner engagement, investments in research and other (advisory board, objectives, investment in research, and caregivers and more) NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF PORT COLBORNE RESOLVES AS FOLLOWS: THAT the City of Port Colborne calls on all levels of government and the Federation of Canadian Municipalities to adopt a national dementia strategy, and urges all citizens of our communities to become more aware and engaged concerning the far-reaching effects of this devastating disease. Your favourable consideration, and that of the various federal and provincial offices copied below, is respectfully requested. A copy of the above referenced correspondence is enclosed. Sincerely, Ashley Grigg City Clefs_ Encl. cc. The Honourable Rona Ambrose, Minister of Health Canada The Honourable Kathleen Wynne, Premier of Ontario The Honourable Deb Matthews, Minister of Health and Long-term Care, Ontario Federation of Canadian Municipalities Cindy Forster, MPP Welland Riding Malcolm Allen, MP Welland Riding Claude Gravel, MP, Nickel Belt Regional Municipality of Niagara Area Municipalities Lorraine LeBlanc, Societe Alzheimer Society Sudbury-Manitoulin Telephone: 905-835-2900 E-mail: ashleygrigg @portcolborne.ca Fax: 905-834-5746 Clerks Department Inter-Department Memorandum TO: Mayor James M. Diodati DATE: August 13, 2013 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Ombudsman's Office - February Closed Meeting Findings Attached is a correspondence from the Ontario Ombudsman's Office related to complaints associated with two closed meetings in February. Staff is accepting and concur with the findings. Council and staff have to be mindful of not introducing "new business' items In Camera during the meeting, as such items are not reflected in the resolution to go into closed meeting prepared by the Clerk. �rlls' Working Together to Serve Our Community a Ombudsman ONTARIO ONTARIO'S W'ArcODOG C.HIEN DE GARDE DE I:ONTARIO August 1, 2013 Mayor Jim Diodati, CAO Ken Todd, and City Clerk Dean lorfida City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2F 6X5 Dear Mayor Diodati, Mr. Todd, and Mr. lorfida, Re: Complaint about February 19, 2013 Council Gathering I am writing further to our conversation on August 1, 2013 regarding the outcome of our review of a complaint that Council held an informal closed meeting on February 19, 2013 following the Niagara Falls Hydro Holdings Corporation Board (the Board) meeting. The complainant alleged that, following the Board meeting, a quorum of Council met without notice to discuss Council business concerning the resignation of a staff member. As you know, under the Municipal Act all meetings of Council, Local Boards, and their Committees must be open to the public with limited exceptions and subject to certain procedural requirements. The Ombudsman is the closed meeting investigator for the City of Niagara Falls. In reviewing this matter, we spoke with the complainant, the Mayor, the Chief Administrative Officer (CA0), and the Clerk, and reviewed the City's Procedure By- Law. All nine members of the Niagara Falls Council are members of the Niagara Falls Hydro Holdings Corporation Board. According to the information received, shortly following the February 19, 2013 Board meeting, the CAO announced to a quorum of Council that a senior staff member unexpectedly resigned earlier that day. Bel Trinity Square 483 Boy Street. 10th Floor, Soon Tower,Toronic ON M5G 2C9 483, rue Boy, 10e e'age, Tour sod. Toronto (Ontario) M5G 2C9 11)2/121 -416586-3300 Fac;m;i ei felaci;o,e_jr .416-586-3485 IFY/AIS 1-866-411-4211 www.ombudsnion.011.co Faceboc,k focebook.cem/OnterioOmbudsnai Tvmicr twitter com/Ont,Oribcdsrnae YooTubo youtube.can/OntarioOmbudsman a Ombudsman O N T A R I O The CAO, Mr. Todd, advised that he wanted to inform Council of the resignation without delay so that they did not learn of the matter from outside sources. The Mayor and CAO recalled that Councillors may have asked questions of the CAO or made individual comments but no specific details were available at the time and the CAO advised that he would provide an updated report at the next Council meeting. Those interviewed estimated that the conversation lasted approximately five to ten minutes as Council members were exiting the Board meeting. Council did not deliberate on the matter or reach any decisions. Analysis For the purposes of the open meeting requirements, a meeting is defined as any "regular, special or other meeting of a council, of a local board or of a committee of either them." As discussed, based on a review of court decisions and the principles that inform the open meeting requirements, the Ombudsman developed the following definition to determine whether a Council gathering is subject to the open meeting requirements of the Act: Members of council (or a committee) must come together for the purpose of exercising the power or authority of the council (or committee), or for the purpose of doing the groundwork necessary to exercise that power or authority. The information provided indicates that an administrative staff member informed Council of a sudden resignation of a senior staff member. Although a quorum of Council was present and may have individually commented on the news, there is no indication that Council held any deliberations or substantive discussions about the employee resignation in a way that materially advanced Council business. Rather, a staff member relayed factual information that he deemed essential for Council to know in a timely manner. As Council did not come together to exercise its authority or lay the groundwork for future decision-making, this gathering did not constitute a "meeting" for the purpose of the open meeting requirements. Ombudsman O N T A R I O February 26, 2013 In Camera Session In the course of reviewing the complaint about the February 19, 2013 gathering, we were advised that the CAO provided an update to Council about the employee resignation at the February 26, 2013 in camera session under s. 239 (2) (b) of the Act - "personal matters about identifiable individuals, including municipal or local board employees." However, this item was not included on the publicly available agenda. The resolution to move in camera indicated that Council intended to discuss a proposed or pending acquisition of property and to receive advice that is subject to solicitor-client privilege regarding an Ontario Municipal Board hearing. Council also discussed the employee resignation for approximately twenty minutes, however it d'.d not hold a vote to amend the agenda to include discussion on this topic and did not record the discussion in the closed meeting minutes. Analysis Discussion of an individual employee's resignation is permitted in closed session under the exception for personal matters under s.239(2)(b) of the Municipal Act The Municipal Act requires however that the resolution to proceed in camera state "the general nature of the matter to be considered at the dosed meeting." As such, not informing the public that an employee matter would be discussed in the closed session, is a procedural violation under the Municipal Act. Further, as a best practice and in the interest of transparency, the publicly available Council meeting agenda should itemize all matters to be considered by Council, including all closed meeting agenda items, and the closed meeting record should capture all substantive matters that are discussed. The Ombudsman also recommends that Council consider audio or video-taping closed meetings so that a complete and accurate record is available to council and the closed meeting investigator. On August 1, 2013 we reviewed the above-information with you and provided you with an opportunity to provide feedback and provide any additional relevant a Ombudsman O N T A R I O information. You accepted our Findings and shared that you are now careful to ensure that resolutions to proceed in camera capture all subjects to be considered in the closed session. You agreed to include this letter on either the September 1(1 or September 24, 2013 public Council meeting agenda and to make a copy available to the public on your website. Thank you for your cooperation with our review. Sincer ly, 1: v7wf--4 ge ec, Y ne Heggie ar y Resolution Officer Oven Meeting Law Enforcement Team xi m m v 0 A -i co CAO-2013-04 Niagaraflalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2013-04 OLG Modernization Update Municipality Contribution Agreement RECOMMENDATION That Council defer any decision on the allocation of funds derived under the Municipality Contribution Agreement until such time as a year end reconciliation has been completed by OLG for the funds received in 2013. EXECUTIVE SUMMARY In March 2013, at the request of the Premier of Ontario, OLG took a fresh look at its funding formula for host municipalities. OLG sought feedback and suggestion from existing host municipalities during the review of the formula and Municipality Contribution Agreement. The principles of fairness and equal treatment guided OLG's review of the formula and the determination of the new formula. OLG then presented the government with the results of its review. Based on the new formula and OLG's modernization, OLG would expect to provide more than $50 million more annually to host municipalities by 2017-18. Under the new host funding formula in the Municipality Contribution Agreement (MCA), host municipalities will receive: - 5.25% on the first $65 million of Electronic Games revenue; plus - 3.0% on the next $135 million of Electronic Games revenue; plus - 2.5% on the next $300 million of Electronic Games revenue; plus - 0.5% on Electronic Games revenue above $500 million; and - 4.0% on Live Table Games revenue. BACKGROUND Based on this new formula, the estimated hosting fee for the City of Niagara Falls will be between $18 and $20 million. August 13, 2013 -2 - CAO-2013-04 The current agreement requires the payment of$3 million through 2020 and continues with similar payment beyond 2013, as long as a resort casino operates in the City of Niagara Falls. The OLG also currently pays an estimated $4.3 million to the Niagara Regional Police (NRP) toward the Casino Policing Unit. The new formula will be applied: a) to hosting fees retroactive to April 1, 2013 b) to the total Electronic Games revenue at gaming facilities within the municipality c) to the total Live Table Games revenue at gaming facilities where live table games currently exist d) utilizing the International Financial Reporting Standards (IFRS) accounting principles. OLG is creating a new Community Recognition Program (CRP) within the new MCA. The CRP is a joint initiative whereby OLG and the City will build public awareness around how MCA proceeds are put to use in the community. The CRP will provide an opportunity for the host municipality, OLG and the Government of Ontario to publicly display and communicate how hosting fees are being utilized at the local level. The revenues that are allocated through the MCA to each community will continue to be utilized at the local level and at the full discretion of the Mayor and Council. The requirements of the CRP include: 1) Collaborate in good faith to design and jointly implement the CRP to promote the positive impact of the host funding 2) An annual recognition event/communication by the municipality, at a minimum, 3) An annual letter/report from the CAO of the municipality indicating how the host funding has been allocated/distributed within the community 4) Joint OLG and municipality branding on media opportunities, public acknowledgements, etc. 5) OLG plans to use examples of local community initiatives and benefits realized from receiving OLG host funds in future communications, such as in content for advertising, examples in speeches, etc. FINANCIAL IMPLICATIONS Under the existing funding agreement, the City of Niagara Falls receives a guaranteed $3 million per year through 2020 and then every year thereafter until such time as the casinos no longer exist in the City. The new document provides for a larger funding formula that could produce an estimated $18 to $20 million; however; there is no fixed term. The new document provided by OLG contains a termination clause of 30 days. It should be noted; however; that should Council agree to the new agreement, that the $3 million guarantee under the existing agreement will disappear and the NRP funding from OLG will cease. The expectation of OLG is that any police funding will be funded through the Municipality Contribution Agreement. August 13, 2013 -3 - CAO-2013-04 Based on this, staff recommends that Council not commit to any spending of the funds under the new agreement until a full year has been completed and a complete reconciliation of the funds has occurred. This would allow Council to then allocate the funds toward capital projects based on "money in hand". Also, based on the creation of the Community Recognition Program (CRP) in the document, it is evident that the Province expects the funds to be utilized toward tangible capital projects that are of community-wide benefit. Respectfully submitted: Ken Todd, Chief Administrative Officer F-2013-44 Niagaraflalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2013-44 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $15,867,936.07 for the period June 20, 2013 to July 4, 2013. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: Todd Harrisofi Direc r of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 1 of 7 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 1108846 ONTARIO LIMITED 364908 26-Jun-2013 REFUND 2.541.50 1149948 ONTARIO LTD 364909 26-Jun-2013 REFUND 79,841.07 1184538 ONTARIO LIMITED 364910 26-Jun-2013 REFUND 3,149 95 1198983 ONTARIO LIMITED 364911 26-Jun-2013 REFUND 2,376.05 1238838 ONTARIO LIMITED 364912 26-Jun-2013 REFUND 3,423 76 1372744 ONTARIO LTD 364913 26-Jun-2013 REFUND 516 24 151702 CANADA INC 364914 26-Jun-2013 REFUND 1.425 31 1549647 ONTARIO LTD 364915 26-Jun-2013 REFUND 1,056 44 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATII 364916 26-Jun-2013 MATERIALS 104.24 1578917 ONTARIO LIMITED C/A WILLIAMS PLUMBING AND HEATII 365231 04-Jul-2013 SERVICES 453.97 1594268 ONTARIO LTD 364917 26-Jun-2013 REFUND 3,203.57 1671318 ONTARIO LTD 364918 26-Jun-2013 REFUND 783.10 1686541 ONTARIO INC 364919 26-Jun-2013 REFUND 773 87 1692695 ONTARIO LTD 364920 26-Jun-2013 REFUND 5,182 94 1736104 ONTARIO INC 364921 26-Jun-2013 REFUND 806 50 1769839 ONTARIO LIMITED 364922 26-Jun-2013 REFUND 1,230 45 1788800 ONTARIO INC 364923 26-Jun-2013 CB&FIG 2013-006 FOR NEW ROOF 10,000.00 1823810 ONTARIO INC 364924 26-Jun-2013 REFUND 1,815 20 2 GUY'S GLASS INC 364936 26-Jun-2013 MATERIALS 360.55 2026813 ONTARIO CORP 364925 26-Jun-2013 REFUND 407 67 2030688 ONTARIO LTD 364926 26-Jun-2013 LEASES AND RENTS 4,520 00 2075790 ONTARIO INC 364927 26-Jun-2013 REFUND 5,738.13 2088937 ONTARIO INC 364928 26-Jun-2013 REFUND 2,846.40 2095527 ONTARIO LTD 365232 04-Jul-2013 ANTENNA LICENSE AGREEMENT 1.130.00 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 364929 26-Jun-2013 SERVICES 229.39 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 365233 04-Jul-2013 SERVICES 845.35 2174256 ONTARIO INC 364930 26-Jun-2013 REFUND 1,086.98 2249419 ONTARIO INC 364931 26-Jun-2013 REFUND 124.304 69 2249510 ONTARIO INC 364932 26-Jun-2013 REFUND 45.400 04 2276393 ONTARIO INC 364933 26-Jun-2013 REFUND 999 84 2348441 ONTARIO INC 0/A MR QUICK CAR WASH 364934 26-Jun-2013 SERVICES 189.84 283 PERFORMING ARTS COMPANY 364935 26-Jun-2013 SERVICES-CANADA DAY 1,356 00 374685 ONTARIO LIMITED 364937 26-Jun-2013 REFUND 1,628.15 396101 ONTARIO LIMITED 364938 26-Jun-2013 REFUND 3,443 77 486664 ONTARIO LIMITED 364939 26-Jun-2013 REFUND 620.32 5175 VICTORIA HOLDINGS INC 364940 26-Jun-2013 REFUND 4,056 08 547554 ONTARIO LIMITED 364941 26-Jun-2013 REFUND 3,983 41 550857 ONTARIO LTD 364942 26-Jun-2013 REFUND 499 74 603755 ONTARIO INC 364943 26-Jun-2013 REFUND 1,498.59 705336 ONTARIO LIMITED 364944 26-Jun-2013 REFUND 3,780.19 800460 ONTARIO LTD. 0/A FRUITBELT DEVELOPMENT 364945 26-Jun-2013 REFUND 4,611.35 886995 ONTARIO LTD 364946 26-Jun-2013 REFUND 1,872.35 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 364947 26-Jun-2013 MAINTENANCE/REPAIRS 329.96 A&T ROBERTO LIMITED 364963 26-Jun-2013 REFUND 741 04 ABSOLUTE COMMUNICATION&DESIGN 364948 26-Jun-2013 MATERIALS 4,101.90 ADVANCE TOWING 364949 26-Jun-2013 SERVICES 542.40 ADVANCE TOWING 365234 04-Jul-2013 SERVICES 796.65 AFFILIATED CUSTOMS BROKERS LTD 364950 26-Jun-2013 SERVICES 507.40 AINSLIE,FRANCIS&JOHN STUART 364951 26-Jun-2013 REFUND 1,705.37 AIR CARE SERVICES 365235 04-Jul-2013 MATERIALS 1,187.63 AIRON HVAC 365236 04-Jul-2013 MAINTENANCE/REPAIRS 219.11 ALFIDOME CONSTRUCTION 364952 26-Jun-2013 CONTRACT SERVICES 80,397.72 ALISON'S SPORTS&AWARDS 364953 26-Jun-2013 MATERIALS 240.30 ALISON'S SPORTS&AWARDS 365237 04-Jul-2013 MATERIALS 74.58 ALL PRO RENTALS 364956 26-Jun-2013 MATERIALS 1,359.67 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 364905 20-Jun-2013 MATERIALS 69.65 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 364954 26-Jun-2013 MATERIALS 55.69 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 365238 04-Jul-2013 MATERIALS 308.25 ALLIED MEDICAL INSTRUMENTS INC 364955 26-Jun-2013 MATERIALS 11.58 ALSOP,TINA 364957 26-Jun-2013 SERVICES-CANADA DAY 100.00 AMALGAMATED TRANSIT UNION#1582 365239 04-Jul-2013 REMITTANCE 2,554 25 ANDREW HENDERSON IN TRUST. 364958 26-Jun-2013 REFUND 1,224.87 ANDREWS,EMILY 364959 26-Jun-2013 CANADA DAY HONOURARIUM 50.00 ANDREWS,KARLEE 365240 04-Jul-2013 REFUND 185 14 ARCHER TRUCK CENTRE WELLAND LTD 364906 20-Jun-2013 VEH ID#515 49.11 ARCHER TRUCK SERVICES LTD 364960 26-Jun-2013 MAINTENANCE/REPAIRS 770.07 ARDEL INVESTMENTS LIMITED 364961 26-Jun-2013 REFUND 7,576.79 ARIVA 364962 26-Jun-2013 MATERIALS 836 77 ARIVA 365241 04-Jul-2013 MATERIALS 82.31 ARTISTA DESIGN&PRINT INC 365242 04-Jul-2013 MATERIALS 214.70 AVONDALE STORES LTD, 364964 26-Jun-2013 SERVICES 2,104.68 B&S POOL SERVICES 365243 04-Jul-2013 SERVICES 670.09 BAIN PRINTING LIMITED 364965 26-Jun-2013 SUBSCRIPTION 678.00 Page 2 of 7 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount BARRANCA,MARY 364966 26-Jun-2013 REFUND 616 84 BARRATT,NATALINA&NEIL 364967 26-Jun-2013 DEVELOPMENT AGREEMENT- SEC 3,800.00 BARRY BRYAN ASSOCIATES(1991)LTD 365244 04-Jul-2013 SERVICES 211.88 BELL CANADA 364968 26-Jun-2013 REFUND 2,108 52 BELL CANADA 365245 04-Jul-2013 SERVICES 79.85 BELL CANADA 365246 04-Jul-2013 SERVICES 113,839.62 BELLI,JOHN 364970 26-Jun-2013 REFUND 1,099.31 BICKLE MAIN INDUSTRIAL SUPPLY INC 364971 26-Jun-2013 MATERIALS 115.09 BICKLE MAIN INDUSTRIAL SUPPLY INC 365247 04-Jul-2013 MATERIALS 777.35 BIGGARS KEY SHOP 364972 26-Jun-2013 MATERIALS 214.70 BIGGARS KEY SHOP 365248 04-Jul-2013 MATERIALS 141.25 BITNER.LAURIE 364973 26-Jun-2013 TRAVEUMILEAGE 42.64 BOATSMART' 364974 26-Jun-2013 MATERIALS-AFFILIATE SET UP KIT 357.77 BOB ROBINSON&SON CONSTRUCTION 364975 26-Jun-2013 SERVICES 2,567.93 BOLDT POOLS LTD 364976 26-Jun-2013 REFUND DAMAGE DEPOSIT 750.00 BORDEN LADNER GERVAIS 364977 26-Jun-2013 SERVICES 797.99 BOTTS,AMANDA 364978 26-Jun-2013 SERVICES 30.00 BOYS&GIRLS CLUB OF NIAGARA 364979 26-Jun-2013 FEE FOR SERVICE 16,066.67 BRAND BLVD INC 364980 26-Jun-2013 MATERIALS 702.30 BRAND BLVD INC 365249 04-Jul-2013 MATERIALS 3,741.57 BRINKS CANADA LTD 364981 26-Jun-2013 SERVICES 1,757.14 BROCK FORD LINCOLN 364982 26-Jun-2013 MATERIALS 200.62 BROCK FORD LINCOLN 365250 04-Jul-2013 MATERIALS 148.37 BROUWER'S CUSTOM UPHOLSTERY LTD 364983 26-Jun-2013 MATERIALS 2,373.00 BROWN,PAUL 364984 26-Jun-2013 TRAVEUMILEAGE 237.12 BURKE GROUP-THE 364985 26-Jun-2013 SERVICES 90.40 C-MAX FIRE SOLUTIONS 365012 26-Jun-2013 VEH ID#571 2,817.08 CALE SYSTEMS INC 364986 26-Jun-2013 SERVICES 1,209.10 CALE SYSTEMS INC 365251 04-Jul-2013 MATERIALS 1,926 65 CANADA POST CORPORATION 364987 26-Jun-2013 REFUND 2,918 39 CANADA TRUST COMPANY THE 364995 26-Jun-2013 REFUND 3.479.34 CANADIAN IMPERIAL BANK OF COMMERCE 364990 26-Jun-2013 REFUND 2,025 47 CANADIAN LINEN&UNIFORM 364991 26-Jun-2013 MATERIALS 753.82 CANADIAN NATIONAL 364992 26-Jun-2013 CONTRACT SERVICES 3,774.87 CANADIAN RED CROSS 365252 04-Jul-2013 MATERIALS 205.69 CANADIAN SAFETY EQUIPMENT INC 365253 04-Jul-2013 MATERIALS 421.49 CANAMED(MORRISON STREET)LTD 364988 26-Jun-2013 REFUND 2,200 58 CANCORE INDUSTRIES INC 0/A HAMILTON RADIATOR SERVICE 364989 26-Jun-2013 MATERIALS 2,910.77 CANOP INC 364993 26-Jun-2013 REFUND 9,820.55 CANPAR TRANSPORT L.P. 364994 26-Jun-2013 SERVICES 46.51 CARDINAL COURIERS LTD 364997 26-Jun-2013 VEH ID#205 66.85 CARLETON UNIFORMS INC 364998 26-Jun-2013 MATERIALS 15.82 CARLETON UNIFORMS INC 365254 04-Jul-2013 MATERIALS 38.42 CAROLINE'S CARICATURES 364996 26-Jun-2013 SERVICES-CANADA DAY 250.00 CARQUEST 364999 26-Jun-2013 MATERIALS 310.44 CARSWELL 365000 26-Jun-2013 MATERIALS 1,518.49 CARSWELL 365255 04-Jul-2013 MATERIALS 150.10 CATARACT COLLISION CENTRE 365001 26-Jun-2013 VEH ID#567 339.00 CENTRE COURT CAFE 365002 26-Jun-2013 MATERIALS 813.04 CENTURY VALLEN 365003 26-Jun-2013 MATERIALS 55.71 CENTURY VALLEN 365256 04-Jul-2013 MATERIALS 1,845.19 CHAMBER OF COMMERCE NIAGARA FALLS 365257 04-Jul-2013 MATERIALS 1,165.00 CHAMBERS,BOB ROBERT 365004 26-Jun-2013 TRAINING-BALANCE OF TUITION&1 120.48 CHARLES JONES INDUSTRIAL LTD 365005 26-Jun-2013 MATERIALS 1,189.16 CHARLES JONES INDUSTRIAL LTD 365258 04-Jul-2013 MATERIALS 65.77 CHIARDOME PROPERTIES INC 365006 26-Jun-2013 REFUND 2,781 98 CIMCO REFRIGERATION 365259 04-Jul-2013 MATERIALS 1 402.35 CIT FINANCIAL LTD 365007 26-Jun-2013 LEASES AND RENTS 523.86 CITY OF THOROLD PIPE BAND Go MR.ALAN SPENCER 365008 26-Jun-2013 SERVICES-PARADE BAND 700.00 CLASSIC ENGRAVING INC. 365260 04-Jul-2013 MATERIALS 169.50 CLASSIS 59 INVESTMENTS INC 365009 26-Jun-2013 REFUND 2,693 76 CLINTAR LANDSCAPE MANAGEMENT o/a 1719313 ONTARIO LIMO 365010 26-Jun-2013 SERVICES 2,999.92 CLUB ITALIA ORDER OF SONS OF ITALY 365011 26-Jun-2013 MATERIALS 3.350.50 CNM INC 365013 26-Jun-2013 REFUND 7,94941 COBURN,DARRIN 365014 26-Jun-2013 TRANSIT MAINT.SERVICE LICENSE 88.43 COBURN,DARRIN 365261 04-Jul-2013 MATERIALS 80.00 CODE 4 FIRE&RESCUE INC 365015 26-Jun-2013 MATERIALS 226.68 CODE 4 FIRE&RESCUE INC 365262 04-Jul-2013 MATERIALS 14,006.35 COGECO CABLE CANADA LP 365016 26-Jun-2013 UTILITIES 847.50 COLLVER,KRIS 365017 26-Jun-2013 SERVICES 100.00 COMMISSIONAIRES 365263 04-Jul-2013 CONTRACT SERVICES 21,705.39 CONIDI,SARAH 365018 26-Jun-2013 MATERIALS-FRAMES&STORAGE C 124.03 CONSEIL SCOLAIRE DE DIST DU CENTRE SUD-OUEST WIRE 02-Jul-2013 TAX LEVY 39,462.66 CONSEIL SCOLAIRE DE DIST CATHOLIC CENTRE SUD WIRE 02-Jul-2013 TAX LEVY 151,942.39 Page 3 of 7 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS entlor Name Cheque No. Cheque Date Purpose Amount OONS,KEVIN 365264 04-Jul-2013 REFUND 176 92 ORFIELD ELECTRIC LTD 365019 26-Jun-2013 MATERIALS 1,862.81 ORPORATE EXPRESS 365265 04-Jul-2013 MATERIALS 651.84 OTTON INC 365266 04-Jul-2013 CONTRACT SERVICES 23,358.96 RAWFORD&COMPANY(CANADA)INC 364907 20-Jun-2013 TRUST ACCOUNT REPLENISH 9,107.86 RAWFORD&COMPANY(CANADA)INC 365267 04-JuI-2013 SERVICES 1,098.20 UPE LOCAL 133 365268 04-JuI-2013 REMITTANCE 8,995.75 URTIS GAIL DEVELOPMENT CORPORATION 365020 26-Jun-2013 REFUND 1,969 36 YBERBAHN INC 365269 04-JuI-2013 REPLENISH ACCT#98030007 500.00 YTEC CANADA LTD 365021 26-Jun-2013 REFUND 4,301 01 AGOSTINO ANGELA&VINCENT 365022 26-Jun-2013 REFUND 1,101 98 ANYAAL ENTERPRISES LTD 365023 26-Jun-2013 REFUND 4,399 75 ARCH FIRE 365270 04-JuI-2013 VEH ID#516 766.76 AVIDSON ENVIRONMENTAL 365024 26-Jun-2013 MATERIALS 126.56 E LACE LANDEN FINANCIAL SERVICES CAN INC 365025 26-Jun-2013 LEASES AND RENTS 2,895.06 ELL CANADA INC 365271 04-JuI-2013 MATERIALS 13,113.65 ESIGN ELECTRONICS 365026 26-Jun-2013 CONTRACT SERVICES 79.10 ESJARDINS FINANCIAL SECURITY C/O AVISON YOUNG PROPEF 365027 26-Jun-2013 REFUND 39,559.23 IODATI.JIM 365028 26-Jun-2013 TRAVEL/MILEAGE 1,871.75 IPIETRO.SALVATORE&DIPIETRO,MARY 365029 26-Jun-2013 REFUND 479 01 (STRICT SCHOOL BOARD OF NIAGARA WIRE 02-JuI-2013 TAX LEVY 6,326,002.50 ON'S PORTABLE TOILETS 365030 26-Jun-2013 LEASES AND RENTS 1,517.55 ON'S PORTABLE TOILETS 365272 04-JuI-2013 LEASES AND RENTS 637.32 OWNTOWN BOARD OF MANAGEMENT 365031 26-Jun-2013 2013 BIA LEVY 100,085.04 RAFTING CLINIC CANADA LTD 365032 26-Jun-2013 SERVICES 595.67 RAFTING CLINIC CANADA LTD 365273 04-JuI-2013 SERVICES 147.89 REN,KARL 365274 04-JuI-2013 TRAVEL/MILEAGE 139.36 ROLLIS SAFETY SUPPLY CO LTD 365275 04-JuI-2013 MATERIALS 1,796.70 TZ BARNICKE NIAGARA LIMITED 365033 26-Jun-2013 REFUND 7,024 91 UERKSEN,ANGELA 365034 26-Jun-2013 TRAVEL/MILEAGE-CHARITABLE GM 871.36 UFFERIN CONCRETE 365035 26-Jun-2013 SERVICES 1,815.35 UKE CARROLL CONSULTING 365036 26-Jun-2013 SERVICES 50.38 UMONT SECURITY 365037 26-Jun-2013 SERVICES 906.33 UNN AND DRUMMOND INCORPORATED 365038 26-Jun-2013 REFUND 4,491 01 -QUIP RENTALS&REPAIRS INC 365280 04-JuI-2013 MATERIALS 327.70 LECTRICAL SAFETY AUTHORITY 365039 26-Jun-2013 MATERIALS 9,208.42 LEFANTE,CARMEN&ELEFANTE, DINA 365040 26-Jun-2013 REFUND 765 66 LLIS ENGINEERING INC 365041 26-Jun-2013 MATERIALS 3,378.70 LLIS ENGINEERING INC 365276 04-JuI-2013 SERVICES 5,702.66 MCO CORPORATION 365042 26-Jun-2013 MATERIALS 2,507.47 MCO CORPORATION 365277 04-JuI-2013 MATERIALS 735.40 MPIRE LIFE INSURANCE COMPANY THE 365043 26-Jun-2013 REMITTANCE 49,658.20 NBRIDGE 365044 26-Jun-2013 UTILITIES 340.57 NBRIDGE 365045 26-Jun-2013 UTILITIES 6,671.04 QUIPMENT SPECIALIST INC 365046 26-Jun-2013 LEASES AND RENTS 22,622.60 QUIPMENT SPECIALIST INC 365279 04-JuI-2013 LEASES AND RENTS 5,062.40 VANS,DAVE 365281 04-JuI-2013 TRAVEL/MILEAGE 45.00 VERLASTING IMPRESSIONS 365047 26-Jun-2013 MATERIALS 1,538.95 VERLASTING IMPRESSIONS 365282 04-Jul-2013 SERVICES 1,486.52 ALLS ELECTRIC INC 365048 26-Jun-2013 MATERIALS 1,138.48 AST,DAVID JOHN 365050 26-Jun-2013 REFUND 960 75 INUCCI,ANGELA GIUSEPPINA&FINUCCI,VITTORIO 365051 26-Jun-2013 REFUND 1.714 57 IRE MONITORING OF CANADA INC 365052 26-Jun-2013 SERVICES 387.27 IRE MONITORING OF CANADA INC 365283 04-JuI-2013 MATERIALS 1,236.67 IVE STAR ALLIANCE PROPER INVESTMENTS LTD 365053 26-Jun-2013 REFUND 3,997.09 LAMBORO CANADA SYSTEMS 365054 26-Jun-2013 SERVICES 1,695.00 LEXO PRODUCTS LTD 365055 26-Jun-2013 MATERIALS 301.25 LEXO PRODUCTS LTD 365284 04-JuI-2013 MATERIALS 798.09 LYING SAUCER DRIVE-IN LIMITED 365056 26-Jun-2013 REFUND 4,623.13 OLEY,GREG&KELLY REECE 365057 26-Jun-2013 REFUND DAMAGE DEPOSIT 750.00 ORNISANO,ADRIANO 365058 26-Jun-2013 REFUND 982.85 ALES GAS BARS 365059 26-Jun-2013 REFUND 433 54 ALLANT,DIANNE 365285 04-JuI-2013 REFUND 20.00 ARCIA BOURAS,ALEJANDRO 365060 26-Jun-2013 SERVICES 200.00 ERMAN.TINA 365286 04-JuI-2013 REFUND 80.00 LENTEL WIRELESS CENTRE 365061 26-Jun-2013 MATERIALS 6,306.25 LORY GLOBAL SOLUTIONS CANADA INC 365062 26-Jun-2013 MATERIALS 203.40 LORY GLOBAL SOLUTIONS CANADA INC 365287 04-JuI-2013 MATERIALS 203.40 N GLOBAL INVESTMENTS LTD 365063 26-Jun-2013 REFUND 3.730.82 P EMPIRE COMMUNITES(NIAGARA)LTD 365288 04-Jul-2013 REFUND 328.42 RAND&TOY 365289 04-JuI-2013 MATERIALS 108.64 RAYBAR ELECTRIC LTD 365290 04-Jul-2013 MATERIALS 1,065 94 REENER PROJECT DEVELOPMENTS(2011)INC 365064 26-Jun-2013 REFUND 3.632 60 REENFIELD GROUP LTD 365065 26-Jun-2013 SERVICES 2,816.53 Page 4 of 7 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount GRIMSBY PIPE BAND 365066 26-Jun-2013 CANADA PARADE-FINAL PAYMENT 400.00 GROUND AERIAL MAINTENANCE LTD 365291 04-Jul-2013 CONTRACT SERVICES 20,605.29 GT FRENCH PAPER LIMITED 365067 26-Jun-2013 MATERIALS 1,926.48 GT FRENCH PAPER LIMITED 365292 04-Jul-2013 MATERIALS 1,926.94 GUILLEVIN INTERNATIONAL CO 365293 04-Jul-2013 MATERIALS 3,008.96 HALCO MOBILE MFG SALES&SERVICE INC 365295 04-Jul-2013 LEASES AND RENTS 621.50 HALLEX ENGINEERING LTD 365296 04-Jul-2013 CONSULTING SERVICES 440.70 HEYKOOP,RUTH 365068 26-Jun-2013 REGENCY DANCE-JULY11 30.00 HILL BOLES LTD 365070 26-Jun-2013 MATERIALS 106.01 HILL BOLES LTD 365297 04-Jul-2013 MATERIALS 207.18 HILLSIDE HOLDINGS INC 365069 26-Jun-2013 REFUND 719 82 HITCHMAN TRAILERS&SUPPLY LTD 365298 04-Jul-2013 VEH ID#501 375.16 HODAN INVESTMENT CORPORATION 365071 26-Jun-2013 REFUND 3,197.47 HOGARTH,GARY 365072 26-Jun-2013 SERVICES 75.00 IAN S. MACKAY BARRISTER&SOLICITOR 365299 O4-Jul-2013 SERVICES 1,483 13 IBEC MACHINE KNIFE LTD 365300 04-Jul-2013 MATERIALS 88.14 J J MACKAY CANADA LTD 365303 04-Jul-2013 MATERIALS 10.66 JACKET CELLAR THE 365301 04-Jul-2013 MATERIALS 29.38 JACKSON,DAVE 365302 04-Jul-2013 TRAVEUMILEAGE 326.04 JAGGER SPORTS CO 365073 26-Jun-2013 SERVICES-CANADA DAY 2,028.35 JOE'S TRANSMISSION 365304 04-Jul-2013 SERVICES 107.35 KAN DU POOLS LTD 365305 04-Jul-2013 CONTRACT SERVICES 920.90 KARGO PROPERTIES INC 365074 26-Jun-2013 REFUND 4,467 48 KAUPP ELECTRIC LTD 365306 04-Jul-2013 MAINTENANCE/REPAIRS 3,333.50 KAZAM,ALEX 365075 26-Jun-2013 SERVICES-CANADA DAY PARADE 550.00 KELLY DIGS LANDSCAPING 365076 26-Jun-2013 CONTRACT SERVICES 1,553.75 KEN WARDEN CONSTRUCTION LTD 365307 04-Jul-2013 CONTRACT SERVICES 1,213.62 KERRY T HOWE ENGINEERING LTD 365077 26-Jun-2013 SERVICES 16,616.31 KINGSTON EDUCATION CENT INC 365078 26-Jun-2013 REFUND 4,690 86 KLENZOID 365308 04-Jul-2013 MATERIALS 2,322.91 KOABEL,HELEN ELIZABETH 365309 04-Jul-2013 REFUND 194.38 KOSANIC,DJORDJE&KOSANIC, BRENDA 365080 26-Jun-2013 REFUND 750 00 KRAWCZYK CONSTRUCTION MAINTENANCE 365310 04-Jul-2013 MAINTENANCE/REPAIRS 1,117 57 KUIPERS,JANET 365311 04-Jul-2013 TRAVEUMILEAGE 101.42 KWON,OH HOON 365081 26-Jun-2013 REFUND 522.82 LAKE'S MAINTENANCE 365082 26-Jun-2013 CONTRACT SERVICES 1,009.95 LAKE'S MAINTENANCE 365312 04-JuI-2013 CONTRACT SERVICES 515.28 LAMMIE,ELTON 365083 26-Jun-2013 SERVICES 300.00 LCA ENVIRONMENTAL CONSULTANTS 365085 26-Jun-2013 CONTRACT SERVICES 3,551 31 LEE.JONG DAE&LEE,YOON HEE 365086 26-Jun-2013 REFUND 1,602.82 LEXISNEXIS CANADA INC 365087 26-Jun-2013 MATERIALS 323.66 LINCOLN&WELLAND REGIMENT BAND 365089 26-Jun-2013 SERVICES 900.00 LIPPERT&WRIGHT FUELS INC 365090 26-Jun-2013 FUEL 41,058 45 LIPPERT&WRIGHT FUELS INC 365315 04-JuI-2013 FUEL 5,483.61 LIVE ON REQUEST TECHNOLOGY SERVICES INC 365316 04-JuI-2013 SERVICES 2,034.00 LOG CABIN TRAILER CENTRE 365091 26-Jun-2013 VEH ID#-580 47.45 LONDON REPTILES 365092 26-Jun-2013 SERVICES 480.25 M&L SUPPLY FIRE AND SAFETY 365105 26-Jun-2013 MATERIALS 1,103.77 MAD SCIENCE OF NIAGARA 365094 26-Jun-2013 SERVICES 570.65 MAINSTREAM GRAFFITI REMOVAL TEAM 365317 04-JuI-2013 MAINTENANCE/REPAIRS 175.00 MANPOWER 365095 26-Jun-2013 SERVICES 341.17 MARINE CLEAN LTD 365096 26-Jun-2013 MATERIALS-DUST SUPRESSANT 1,571.86 MARINE CLEAN LTD 365318 04-JuI-2013 MATERIALS 27,283.52 MASON'S TOWING 365097 26-Jun-2013 VEH ID#-39-TOW 423.75 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 365098 26-Jun-2013 SERVICES 2,747.65 MCCOLL BUNDY LIMITED 365099 26-Jun-2013 REFUND 476.15 MCHEACHERN,BRIAN 365319 04-Jul-2013 REFUND-ICETIME GALE 318.60 MCPHEE,DEBORAH MARIE 365100 26-Jun-2013 REFUND 750.00 MEDIA PRO INC 365229 27-Jun-2013 ADVERTISING 339.00 METAL SUPERMARKETS 365320 04-JuI-2013 VEH ID#-404 71.25 METRO FREIGHTLINER HAMILTON 365101 26-Jun-2013 MATERIALS 776.75 METRO FREIGHTLINER HAMILTON 365321 04-JuI-2013 MATERIALS 6.022 25 MIELE,PETER&MIELE, FRANK 365102 26-Jun-2013 REFUND 3,620 79 MIKE'S PAINTING WALLPAPER&DECORATING 365103 26-Jun-2013 MAINTENANCE/REPAIRS 4.373.10 MIKE'S PAINTING WALLPAPER&DECORATING 365322 04-JuI-2013 MAINTENANCE/REPAIRS 1,808 00 MILLER RESTORATION LIMITED 365323 04-Jul-2013 CONTRACT SERVICES 389.85 MINISTER OF FINANCE 365104 26-Jun-2013 MATERIALS 40.00 MINISTER OF FINANCE 365325 04-JuI-2013 MATERIALS 2,200.00 MINISTER OF FINANCE 365326 04-JuI-2013 PAYROLL REMITTANCE 61,406.71 MINISTER OF FINANCE 365327 04-JuI-2013 PAYROLL REMITTANCE 3.539.17 MINISTRY OF ATTORNEY GENERAL 365324 04-JuI-2013 REMITTANCE 1,328.88 MOASE,SUZANNE 365328 04-JuI-2013 REFUND 236.38 MODERN LANDFILL INC 365106 26-Jun-2013 CONTRACT SERVICES 3,728.32 MODERN LANDFILL INC 365329 04-JuI-2013 CONTRACT SERVICES 1,536.89 Page 5 of 7 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount MOLDENHAUER,KATHY 365330 04-Jul-2013 TRAVEUMILEAGE 235.04 MOON,JIM SOO&MOON,BONG SON 365107 26-Jun-2013 REFUND 2,327.16 MORTON,DALE 365331 04-Jul-2013 REFUND 564 11 MRKALJ,JOVO 365108 26-Jun-2013 REFUND 1,634.03 MULLER'S WORKWEAR 365109 26-Jun-2013 MATERIALS 29.38 MUNICIPAL ASSOCIATES INC 365332 04-Jul-2013 CONTRACT SERVICES 3,390.00 MYERS,ROB 365110 26-Jun-2013 REFUND-SAFETY BOOTS 2013 134.46 NEDERMAN CANADA LIMITED 365333 04-Jul-2013 MAINTENANCE/REPAIRS 357.08 NEW CITY PROPERTIES LTD. 365334 04-JuI-2013 MAINTENANCE/REPAIRS 11,791.28 NEW WAVE POOLS 365111 26-Jun-2013 REFUND 750.00 NEXT COMPANY THEATRE 365112 26-Jun-2013 SERVICES 1,000.00 NIAGARA ANALYTICAL LABORATORIES INC 365113 26-Jun-2013 MATERIALS 633.93 NIAGARA BATTERY&TIRE 365335 04-JuI-2013 VEH ID#150 898.94 NIAGARA BLOCK INC 365114 26-Jun-2013 MATERIALS 348.92 NIAGARA CHRYSLER DODGE JEEP 365336 04-JuI-2013 MAINTENANCE/REPAIRS 1.205.71 NIAGARA COLLEGE STUDENT CENTRE 365337 04-JuI-2013 REFUND 175.18 NIAGARA DISTRICT AIRPORT COMMISSION 365338 04-JuI-2013 CONTRACT SERVICES 48,806.90 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD WIRE 02-JuI-2013 TAX LEVY 3,265,605.55 NIAGARA DRIVETRAIN CENTRE 365339 04-JuI-2013 CONTRACT SERVICES 227.54 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 365340 04-JuI-2013 REMITTANCE 6,838.95 NIAGARA FALLS ART GALLERY 365115 26-Jun-2013 FEE FOR SERVICE 2,250.00 NIAGARA FALLS HUMANE SOCIETY 365116 26-Jun-2013 FEE FOR SERVICE 39,795.17 NIAGARA FALLS STN 6 VOLUNTEER FIREFIGHTERS 365230 27-Jun-2013 REFUND 244 00 NIAGARA FALLS TOURISM 365118 26-Jun-2013 FEE FOR SERVICE 30,000.00 NIAGARA INDUSTRIAL MALL L 365121 26-Jun-2013 REFUND 4,978.82 NIAGARA MEMORIAL MILITAIRES 365119 26-Jun-2013 SERVICES 700.00 NIAGARA OCCUPATIONAL HEALTH SERVICES 365122 26-Jun-2013 SERVICES 248.60 NIAGARA PENINSULA ENERGY INC 365123 26-Jun-2013 UTILITIES 6,527.42 NIAGARA PENINSULA ENERGY INC 365124 26-Jun-2013 UTILITIES 178,737.23 NIAGARA PENINSULA ENERGY INC 365341 04-JuI-2013 UTILITIES 5,626.34 NIAGARA PENINSULA ENERGY INC 365342 04-JuI-2013 UTILITIES 2,360.53 NIAGARA REGIONAL BROADBAND NETWORK 365125 26-Jun-2013 SERVICES 4,600.59 NIAGARA REGIONAL MUNICIPALITY WIRE 02-JuI-2013 MAY WATER/Q1 LEACHATE CR 1,974,561.95 NIAGARA REGIONAL MUNICIPALITY 365126 26-Jun-2013 MATERIALS 1,891.54 NIAGARA REGIONAL MUNICIPALITY 365343 04-JuI-2013 CONTRACT SERVICES 7,316.94 NIAGARA REGIONAL POLICE SERVICE 365127 26-Jun-2013 SERVICES 50.00 NIAGARA REGIONAL POLICE SERVICE 365344 04-JuI-2013 CONTRACT SERVICES 100.00 NIAGARA REGIONAL TOWING 365345 04-JuI-2013 CONTRACT SERVICES 175.15 NIAGARA SAFETY VILLAGE 365346 04-Jul-2013 TRAINING 4,172.00 NIAGARA SPRING SERVICE LTD 365128 26-Jun-2013 VEH ID#-131 1,000.93 NIAGARA SPRING SERVICE LTD 365347 04-JuI-2013 VEH ID#-158 1,037.25 NIAGARA STAR PAINTERS 365348 04-Jul-2013 MAINTENANCE/REPAIRS 1,325.49 NIAGARA THIS WEEK 365129 26-Jun-2013 ADVERTISING 2,384.30 NIAGARA VIDEO PRODUCTIONS 365120 26-Jun-2013 SUPPLIES 339.00 NIAGARA WATER CONDITIONING LTD 365130 26-Jun-2013 MATERIALS 723.20 NIOMA 365131 26-Jun-2013 SERVICES 750.00 NORSTAN RESORTS INC 365132 26-Jun-2013 REFUND 19,416.22 O'BRIEN,GORDON 365133 26-Jun-2013 REFUND-LUNDY'S LANE 1,057 20 O'CONNOR,PAT 365134 26-Jun-2013 REFUND 150.00 O'HARA TRUCKING&EXCAVATING 365135 26-Jun-2013 CONTRACT SERVICES 161,886.31 OMERS 365349 04-JuI-2013 PAYROLL REMITTANCE 30,156.36 OMERS 365350 O4-Jul-2013 PAYROLL REMITTANCE 589,501.67 ONOFRIO,CARL DAVID 365137 26-Jun-2013 SERVICES 50.00 ONTARIO INFRASTRUCTURE AND LANDS CORPORATION 365138 26-Jun-2013 LEASES AND RENTS 2,192.04 PAMBOOKIAN INDUSTRIES LTD 365139 26-Jun-2013 REFUND 820 92 PANG.BENJAMIN 365351 04-JuI-2013 REFUND-MOVING EXPENSE 4,158.61 PAPAVASILIOU,TOM&PAPAVASILIOU,GEORGE 365140 26-Jun-2013 REFUND 897.46 PARKER.PETER 365145 26-Jun-2013 SERVICES 300.00 PARKWAY TOWING&STORAGE 365352 04-JuI-2013 MATERIALS 339.00 PAUL K.GUILLOW INC 365294 04-JuI-2013 MATERIALS 175.71 PAULA KNOPF ARBITRATIONS LTD. 365141 26-Jun-2013 SERVICES-ARBITRATION 2,523.17 PENINSULA ABSTRACT INC 365354 04-JuI-2013 SERVICES 40025 PENINSULA PEST CONTROL LTD 365353 04-JuI-2013 CONTRACT SERVICES 194.36 PENINSULA TOWING&RECOVERY 365144 26-Jun-2013 VEH ID#-456 423.75 PENINSULA TOWING&RECOVERY 365355 04-JuI-2013 VEH ID#-682 203.40 PENNER BUILDING CENTRE 365143 26-Jun-2013 MATERIALS 429.41 PHAM,GIANG HUONG 365146 26-Jun-2013 REFUND 1.637.60 PHOENIX LANDSCAPING 365356 04-JuI-2013 CONTRACT SERVICES 21,258.41 PINEWOOD HOMES(TARA)LTD 365147 26-Jun-2013 REFUND 5,015.08 PITNEY WORKS 365148 26-Jun-2013 MATERIALS 24,674.34 PK HUMMINGBIRD STEEL BAND 365149 26-Jun-2013 SERVICES 300.00 PORCO,VINCENZO 365151 26-Jun-2013 MATERIALS 56.50 PORT DALHOUSIE POWER&SAIL SQUADRON 365357 04-JuI-2013 TRAINING 1.280.00 PORTAGE BAKERY INC. 365150 26-Jun-2013 REFUND 964.86 Page 6 of 7 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount POST FOODS CANADA CORP 365358 04-JuI-2013 REFUND-SEWER REBATE 100716.34 PPKIT NETWORK INC. 365152 26-Jun-2013 MATERIALS-TABLE TENNIS..TABLE 942.42 PRAXAIR 365153 26-Jun-2013 MATERIALS 606.41 PRECISION CURB CUTTING LTD 365154 26-Jun-2013 CONTRACT SERVICES 660 80 PRINTING HOUSE LTD 365155 26-Jun-2013 ADVERTISING-SIGNS 1,876.37 PRINTING HOUSE LTD 365359 04-Jul-2013 ADVERTISING 356.24 PROJECT SHARE 365156 26-Jun-2013 FEE FOR SERVICE 24,866.67 PROVINCIAL CONTRACTORS INC 365361 04-JuI-2013 MATERIALS 6,277.15 PROVINCIAL MAINTENANCE 365360 04-JuI-2013 MAINTENANCE/REPAIRS 86,617.33 PULLANO,MIKE 365157 26-Jun-2013 TRAVEL/MILEAGE 15.81 PURE WATER 365158 26-Jun-2013 MATERIALS 20.00 PURE WATER 365362 04-JuI-2013 MATERIALS 25.00 PUROLATOR COURIER 365363 04-JuI-2013 MATERIALS 18.24 QUEENSWAY CHIPPAWA PROPS INC. 365364 04-JuI-2013 CONTRACT SERVICES 17,118.94 R AND R ASSOCIATES INC. 365161 26-Jun-2013 SERVICES 4,700.24 R J SMITH EQUIPMENT INC 365165 26-Jun-2013 MATERIALS 1,452.05 R.STASIAK ENGINEERING INC 365170 26-Jun-2013 CONTRACT SERVICES 81925 RACO AUTO SUPPLY LTD 365159 26-Jun-2013 STORES/INVENTORY 276.22 RACO AUTO SUPPLY LTD 365365 04-JuI-2013 STORES/INVENTORY 184.14 RAINBOW PURE WATER 365160 26-Jun-2013 SERVICES 508.50 RBC LIFE INSURANCE COMPANY 365162 26-Jun-2013 REMITTANCE 1,332.42 RBC LIFE INSURANCE COMPANY 365366 04-JuI-2013 REMITTANCE 41.36 REALTAX INC 365367 04-JuI-2013 SERVICES 2,700.70 RECEIVER GENERAL 365368 04-Jul-2013 REMITTANCE 545,328.65 REGIONAL COATING SOLUTIONS INC. 365370 04-JuI-2013 VEH ID#-680 113.00 REVERSED GRAVITY ACTION PRODUCTIONS 365371 04-JuI-2013 SERVICES 1,100.00 RICHARDS,JUSTIN 365093 26-Jun-2013 SERVICES 700.00 RIGG MOONEY MONUMENTS 365372 04-JuI-2013 MATERIALS 542.40 RIOCAN HOLDINGS INC 365163 26-Jun-2013 REFUND 19,855.19 RISK PROTECTION GROUP 365373 04-JuI-2013 CONTRACT SERVICES 54127 RIVER REALTY DEVELOPMENT INC 365164 26-Jun-2013 REFUND 5,318 95 RNE REALTY LIMITED 365166 26-Jun-2013 REFUND 3,196 73 ROADSIDE RENTALS INC 365167 26-Jun-2013 MATERIALS 1,798.96 ROCHESTER MIDLAND LIMITED 365374 04-JuI-2013 CONTRACT SERVICES 2,120.08 ROGERS WIRELESS INC 365168 26-Jun-2013 SUBSCRIPTION-CELL PHONE 2,933.42 ROMEO,ANTONIO 365169 26-Jun-2013 REFUND 646.64 RUDAN EXPORT IMPORT LTD 365171 26-Jun-2013 REFUND 4.075 16 SACCO,SAVERIO&SACCO, PAULINE 365172 26-Jun-2013 REFUND 433 35 SAPEZINSKAS,CHRIS 365173 26-Jun-2013 SERVICES 200.00 SARANOVICH,OLGA 365174 26-Jun-2013 REFUND 1,362.31 SCHLANGE,SONJA 365175 26-Jun-2013 TRAVEL/MILEAGE 67.44 SEAWAY FLUID POWER GROUP 365176 26-Jun-2013 MATERIALS 33.65 SEAWAY FLUID POWER GROUP 365375 04-JuI-2013 MATERIALS 340.73 SERVICEMASTER CLEAN OF NIAGARA 365177 26-Jun-2013 SERVICES 3,244.54 SERVICEMASTER CLEAN OF NIAGARA 365376 04-JuI-2013 CONTRACT SERVICES 282.50 SETON 365377 04-JuI-2013 MATERIALS 293.12 SHEEHAN'S TRUCK CENTRE INC 365379 04-JuI-2013 MATERIALS 530.83 SHERWIN WILLIAMS 365380 04-JuI-2013 MATERIALS 198.57 SHORTHILLS TREE SERVICE INC 365178 26-Jun-2013 CONTRACT SERVICES 7,910.00 SHORTHILLS TREE SERVICE INC 365381 04-JuI-2013 CONTRACT SERVICES 7,458,00 SIEDERSBERGER,RUTH 365179 26-Jun-2013 REFUND 3,031 74 SIMPLISTIC LINES INC 365382 04-JuI-2013 MATERIALS 12,977.00 SINICROPI,DOMENIC 365180 26-Jun-2013 REFUND 1,320.20 SIX PAYMENT SERVICES(USA)CORP 365181 26-Jun-2013 SERVICES 100.00 SPARTAN RESCUE INC. 365182 26-Jun-2013 TRAINING-ROPE RESCUE 6,904.75 SPEEDPRO IMAGING 365183 26-Jun-2013 ADVERTISING 1,992.19 ST JOHN AMBULANCE 365189 26-Jun-2013 FEE FOR SERVICE 35.944 00 STACEY'S MOBILE AUTO GLASS 365185 26-Jun-2013 MATERIALS 208.34 STAMFORD HOME HARDWARE 365383 04-JuI-2013 MATERIALS 1,751 50 STAMFORD MEDICAL CENTRE 365184 26-Jun-2013 REFUND 1,520.43 STERNE,THOMAS ROBERT&CHENG,SUI QIONG 365186 26-Jun-2013 REFUND 1,499.09 STIEFEL,ROLF 365187 26-Jun-2013 REFUND 1,111.49 STITCH IT CANADA'S TAILOR 365188 26-Jun-2013 MATERIALS 101.65 STOKES INTERNATIONAL 365384 04-JuI-2013 MATERIALS 2,791.61 STORAGE NIAGARA 365190 26-Jun-2013 MATERIALS 384.20 STREAMLINE UPHOLSTERY INC 365191 26-Jun-2013 MATERIALS 50.85 STUART,DAVE 365385 04-Jul-2013 TRAVELJMILEAGE 18096 SUN LIFE WIRE 27-Jun-2013 JULY PREMIUMS 324,352.20 SUNCOR ENERGY PRODUCTS PARTNERSHIP 365192 26-Jun-2013 FUEL 49,305.42 SUNCOR ENERGY PRODUCTS PARTNERSHIP 365386 04-JuI-2013 FUEL 37,593.72 SUPERIOR LAUNDRY SERVICE LTD. 365387 O4-Jul-2013 CONTRACT SERVICES 12.43 T&C HOLDINGS LIMITED 365193 26-Jun-2013 REFUND 17,209.21 TALK WIRELESS INC 365194 26-Jun-2013 CONTRACT SERVICES 691.56 TAMM COMMUNICATIONS INC 365195 26-Jun-2013 ADVERTISING 1,330.61 Page 7 of 7 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount TAXITAB 365388 04-Jul-2013 CONTRACT SERVICES 9,227.82 TELLS COMMUNICATIONS COMPANY 365389 04-Jul-2013 MATERIALS 79.10 TERMA HOLDINGS INC 365197 26-Jun-2013 REFUND 1,868 39 THE BOOKING HOUSE INC. 365196 26-Jun-2013 SERVICES 3,390.00 THE MAGIC OF GREG FREWIN 365228 27-Jun-2013 SERVICES 3,277.00 THE REVIEW 365199 26-Jun-2013 SUBSCRIPTION 676.52 THE TRAP DOC INC. 365207 26-Jun-2013 SERVICES-GREASE TRAP 250.86 THISTLEWAITE YARDWORKS 365390 04-Jul-2013 CONTRACT SERVICES 384.20 THOROWEST CONSTRUCTION LTD 365200 26-Jun-2013 REFUND 853.83 THOROWEST PLAZA LTD 365201 26-Jun-2013 REFUND 2,712 06 THYSSENKRUPP ELEVATOR 365391 04-Jul-2013 MATERIALS 657.66 TIAN GUO MARCHING BAND 365198 26-Jun-2013 SERVICES 1,600.00 TNT HYDROSEED INC. 365202 26-Jun-2013 REFUND 750 00 TOKUC GROUP LIMITED 365203 26-Jun-2013 REFUND 3.588 55 TOOLBOX 365204 26-Jun-2013 MATERIALS 45.14 TOROMONT 365392 04-Jul-2013 VEH ID#571 983.53 TRANSAXLE PARTS(HAMILTON)INC. 365205 26-Jun-2013 STORES/INVENTORY 218.59 TRANSAXLE PARTS(HAMILTON)INC. 365393 04-Jul-2013 STORES/INVENTORY 352.96 TRAPASSO,JUDY 365206 26-Jun-2013 REFUND 1,968.73 TREE AMIGOS LANDSCAPING INC. 365209 26-Jun-2013 CONTRACT SERVICES 9,128.57 UPPER CANADA CONSULTANTS 365210 26-Jun-2013 CONTRACT SERVICES 6,752.88 URBAN&ENVIRONMENTAL MANAGEMENT INC 365211 26-Jun-2013 REFUND 9,876 20 USVALDO,MARIA ROSE 365212 26-Jun-2013 REFUND 750.00 WALK ON DUST CONTROL 365395 04-Jul-2013 CONTRACT SERVICES 16.95 WALKER AGGREGATES INC 365213 26-Jun-2013 MATERIALS 7,365.62 WALKER AGGREGATES INC 365394 04-Jul-2013 MATERIALS 884.42 WALSH.MICHAEL&ABDUL,BERNARD 365215 26-Jun-2013 REFUND 1,434 23 WARCHALA,MICHAEL 365396 04-Jul-2013 TRAVEL/MILEAGE 253.48 WASHINGTON MILLS ELECTRO MINERALS CORP 365216 26-Jun-2013 REFUND 2,109 49 WAYNE REEVES MEMEORIAL PIPES AND DRUMS 365221 26-Jun-2013 SERVICES 300.00 WELDDARE METAL WORKS LTD 365397 04-Jul-2013 MAINTENANCE/REPAIRS 830.55 WESTPIER MARINE&INDUSTRIAL SUPPLY INC. 365398 04-Jul-2013 STORES/INVENTORY 1,621.78 WILCOX DOOR SERVICE INC 365217 26-Jun-2013 CONTRACT SERVICES 415.84 WILLICK,RONALD 365218 26-Jun-2013 SERVICES 200.00 WINTER FESTIVAL OF LIGHTS 365219 26-Jun-2013 FEE FOR SERVICE 14,214.28 WOMEN'S PLACE OF SOUTH NIAGARA INC 365220 26-Jun-2013 FEE FOR SERVICE 1,612.50 WSIB 365222 26-Jun-2013 MATERIALS 37.269.15 WSIB 365399 04-Jul-2013 PAYROLL REMITTANCE 816.73 WYLIE,BRENDA 365400 04-Jul-2013 PETTY CASH 546.63 YANNIX CANADA INC 365223 26-Jun-2013 REFUND 10,888.94 YARNELL OVERHEAD DOORS LTD 365401 04-Jul-2013 MAINTENANCE/REPAIRS 115.83 YMCA 365224 26-Jun-2013 MAINTENANCE/REPAIRS-POOL SLIE 1.224.67 YMCA 365402 04-Jul-2013 SERVICES-CLEANING 3,010.94 YOUNGER,KIMBERLEY 365403 04-Jul-2013 REFUND 45 00 YWCA 365225 26-Jun-2013 FEE FOR SERVICE 4,277.75 ZAPPITELLI,RITA&ZAPPITELLt,VIVIAN 365226 26-Jun-2013 REFUND 2,138 94 ZARLENGA,FRANCO&ZARLENGA.JULIA 365227 26-Jun-2013 REFUND 1,379 96 Total 15,867,936.07 F-2013-45 Niagara,Falls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2013-45 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of June 30, 2013 were $22.9 million compared to $22.8 million in 2012. During June, tax receivables as a percentage of taxes billed increased slightly from 36.08% in 2012 to 36.13% in 2013. The City's finance staff has had continued success in resolving properties that are subject to registration for 2013. At this stage, 86.9% of properties have developed payment arrangements or have paid in full. There are currently thirty-two properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2013 lags slightly behind the collection history for 2012. Table 1 shows that taxes outstanding at June 30, 2013 are $22.9 million. This represents an increase from $22.8 million in arrears for the same period in 2012. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial and residential property classes have increased slightly from a year ago. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1 , 2013, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after six months of activity. This table shows 86.9% of the tax accounts or 338 properties have been paid in full or the owners have made suitable payment arrangements. During June, twenty-two accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 78.1% (May) to 86.9% (June). August 13, 2013 -2 - F-2013-45 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of June, one registered property was redeemed and one property was registered. The outstanding taxes for registered properties represents 3.2% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at June 30, 2013 is 36.13% which is an increase from 2012's value of 36.08%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at June 30, 2013 Table 2 Taxes Receivable by Property Class at June 30, 2013 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: e Todd Harrison, Dirfctor of inance Respectfully submitted: LarkVL Ken Todd, Chief Administrative Officer A. Felicetti TABLE 1 Total Taxes Receivable Owing at June 30,2013 2013 2012 Outstanding Taxes @ May 31, 2013 $ 22,074,748 $ 22,462,463 Taxes Billed and Due June 28, 2013 $ 22,841,570 $ 22,213,038 Penalty charged in June $ 223,451 $ 224,595 Taxes Collected during June $ 22,217,013 $ 22,089,861 Outstanding Taxes @ June 30, 2013 $ 22,922,756 $ 22,810,235 Taxes Billed and Due September 30, 2013 $ 22,841,570 $ 22,213,038 Total Taxes to be Collected $ 45,764,326 $ 45,023,273 TABLE 2 Taxes Receivable by Property Class as at June 30,2013 2013 %of Class 2012 %of Class Taxes Owing Taxes Owing Residential $ 35,716,406 78.04% $ 34,954,210 77.64% Multi-Residential $ 116,220 0.25% $ 253,751 0.56% Commercial $ 9,283,065 20.28% $ 9,102,069 20.22% Industrial $ 568,037 1.24% $ 617,025 1.37% Farmlands $ 80,597 0.18% $ 96,218 0.21% Total Receivables $ 45,764,326 100.00% $ 45,023,273 100.00% TABLE 3 Properties Properties Subject to Subject to Registration Registration as at May 31, 2013 as at June 30, 2013 Initial Amount 389 389 Paid in Full 72 94 24.2% Payment Arrangements 232 244 62.7% Ongoing Collection 85 50 12.9% Action Registered 0 1 0.3% 389 389 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Oustanding Date Properties Amount November 2013 4 $ 787,592 May 2014 11 $ 628,904 November 2014 17 $ 59,514 Totals 32 $ 1,476,010 HR-2013-03 August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources Department SUBJECT: HR-2013- 03 Employee Benefits - Sun Life Assurance Company of Canada RECOMMENDATION That Council approve Sun Life Assurance Company, as the sole insurance carrier of employee benefit coverage for Life Insurance, Extended Health, Weekly Indemnity, Dental Coverage and Long Term Disability. BACKGROUND INFORMATION: Staff directed its new benefits broker (Mosey & Mosey) to go to market on its employee benefits program to determine if savings could be achieved and efficiencies gained by consolidating the employee Group Benefits programs into a single carrier. Following the amalgamation of Niagara Transit a few years ago, there are two City insurance carriers - Empire Life for Transit and Sun Life Assurance for the rest of the Corporation. The plans include full time, and part time staff, three (3) collective bargaining units (CUPE Local 133, Amalgamated Transit Union and the Niagara Falls Professional Fire Fighters Association), as well as Retirees, and Council Members. Due to the size and complexity of the combined program, Empire Life declined to submit a quote to administer the consolidated Plan. The most competitive quote came from Medavie Blue Cross,who offered projected savings of approximately 8.5%. The incumbent carrier, Sun Life Assurance, offered the second most competitive quotation, only marginally higher and with projected savings of approximately 8%. Mosey has determined that the administrative"soft costs"of transferring the City's program from Sun Life to Medavie Blue Cross would offset the marginal savings overall of approximately$5,571. Consequently, Mosey and staff are recommending that Sun Life be retained as the sole insurer of the City's benefit program. August 13, 2013 -2 - HR-2013-03 ANALYSIS / RATIONALE In the spring of 2013, quotations were received for the comprehensive benefit program from Desjardins Financial, Great-West Life Assurance Company, Industrial-Alliance Insurance Company, Manulife Financial, Medavie Blue Cross and Sun Life Assurance. The Group Benefit Program quotes were analysed based on underwriting arrangements for non-refund benefits (ie. Life, LTD) and those on a refund accounting basis such as Weekly Indemnity, Extended Health Care and Dental benefits. The results are as follows: Combined Premiums for Life/LTD Benefits Company Annual Quote Variance to Current Cost Sun Life $623,098 - $171,319 Medavie Blue Cross $636,167 - $158,250 Desjardins Financial $692,793 - $101,624 Great-West Life $703,612 - $90,805 Manulife Financial $770,255 - $24,162 Industrial-Alliance $799,983 - $5,566 Total Plan Costs for Extended Health, Dental and Weekly Indemnity Company Annual Quote Variance to Current Cost Medavie Blue Cross $3,880,737 - $362,321 Sun Life Assurance $3,898,877 - $344,181 Desjardins Financial $4,013,286 - $229,772 Great-West Life $4,013,763 - $229,295 Industrial-Alliance $4,046,964 - $196,094 Manulife Financial $4,231,438 - $ 11,620 As identified above, although Sun Life was the lowest bidder on Life and LTD, the incumbent carrier was approximately 0.5% higher than Medavie Blue Cross on its quote for Extended Health, Dental and Weekly Indemnity. The difference overall is an approximate savings of $5,571 with the quotation provided by Medavie Blue Cross. If the plan coverage is consolidated to Medavie Blue Cross, however, a coordinated transfer would be required of the City's program from Sun Life and the Transit division's program from Empire Life. It is believed that the level of marginal savings compared to the "soft costs" associated with this type of administrative transfer would be offset. In selecting Sun Life, therefore, the City would be achieving significant savings on its current premiums and continuing a solid business relationship with a company that has a proven track record in the industry and with the City of Niagara Falls. August 13, 2013 -3 - HR-2013-03 FINANCIAL IMPLICATIONS Through its benefits broker, Mosey and Mosey, staff is recommending consolidating the benefit plan with Sun Life Assurance. Effective October 1, 2013, this would result in a combined annual premium savings of approximately $515,000. Recommended by: Trent Dark, r of Human Resources Respectfully submitted: Ken Todd, Chief Administrative Officer L-2013-30 Niagarafalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2013-30 Ontario Power Generation Inc. Licence Amending Agreement with the City Chippawa Boat Ramp Our File No. 2013-153 RECOMMENDATION 1. That the City enter into a Licence Amending Agreement (the "Agreement") with Ontario Power Generation Inc. ("OPG") with respect to the use of its lands for the purpose of public recreation, motor vehicle parking and to operate a boat ramp. 2. That the Mayor and Clerk be authorized to execute said Agreement. EXECUTIVE SUMMARY 1. The Agreement is, in essence, a renewal of the existing licence between the City and OPG concerning the boat ramp and nearby lands in Chippawa. 2 The term of the Agreement is for five years with two additional five year renewals which will rollover automatically, unless either party gives the six month termination notice as per the original licence. 3. The Agreement is amended to add a playground and restrooms, in an effort to cover off any future development. 4. The licence fee is $2.00 per annum. BACKGROUND The City originally entered into a Licence Agreement with OPG for recreational use of the Chippawa Boat Ramp in June, 1994 and, again, in August, 2007. The land consists of approximately 2.34 acres with a boat ramp and parking lot. The Agreement is amended to add a playground and restrooms (future plans). ANALYSIS/RATIONALE The proposed Agreement will ensure the continued public use of the lands for recreational purposes. August 13, 2013 -2 - L-2013-30 CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council's commitment to customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. ATTACHMENT • Sketch of subject lands Recommended by: Ken Beaman, City Solicitor Respectfully submitted: �J'1 ,/��Y- Ken odd, Chief Administrative Officer LB Attachment •' A.O. SMCTHU •S7�" '"'' I �- ., \ , G '1 \-L 1682 _ lJ (l I'I - N:' ••3!aft. \ 51x'd IPA 1 n ) n IF;;R7 ORE ENY/OJ• 1, }V) 6 II \Y. 162 12 ♦ 11g122yt• (^ �/4 LBCRT \ K ORZENIWOp0 J s e0 0 •. m • ' 9� .* SFt '9I5 '•A Doc¢•IT • YL 15].'12 ;>• - .. 12 v sue. al Z • � i• it Z a _ ., Z I • . T ' `N to A-z ♦ 177' - 1 0 $ 15 DENrCNS z i • m • nroJ� `LID A\\ \\o 0 r N O5 _ A oS �s z 3.• ''�. VIIIII ' ' r. W.�'Te'd - , 1 0 ap 1 •• .A Z 14lr N �� - 3 U iv, R c C5T �` 1 ° L ` ao p�� \�av ® -n '4 X Y � o]- 'sell; Fa A J.TH• •SONS i . t ._ .. c °I I Q : ° - yam r \��t� s..0 e Z _M r• ILuS • hj{ •` T 7 (-0 Jal` mow' :u -3...,,,,„%, YCTC • 7WuJ` .a flock ��♦ 3 / _ .. I s � N > N u0 00 Z �i�,\ �] 7 O -v�.f� /J :04.n:` w - 3 L• O C • sO • N' h/ yJn i•'4-ice / rf�f L-2013-31 Niagara rays August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2013-31 Consent to Assignment of Lease 4071 Bridgewater Street Sheridan (Wayne and Joanne) to McKinley (Mary-Ann) Our File No. 2007-243 RECOMMENDATION 1. That the City consent to an Assignment of the Lease over the property known municipally as 4071 Bridgewater Street, in the City of Niagara Falls, from Wayne Sheridan and Joanne Sheridan to Mary-Ann McKinley; and 2. That the Mayor and Clerk be authorized to execute the said Consent. EXECUTIVE SUMMARY The City has leased lands in Chippawa that front on the Welland River (Chippawa Creek) to Wayne and Joanne Sheridan. The Sheridans wish to convey their interest in the lease to Mary-Ann McKinley. Staff have no objection to the assignment. The lands are shown in Attachment "1". BACKGROUND On January 22, 2002, the City entered into a Lease Agreement with Roy Kennedy and Gail Kerlow(hereinafter referred to as"Kennedy/Kerlow")to lease certain lands lying and being in the City of Niagara Falls, and being composed of part of the Sophia Street road allowance, municipally known as 4071 Bridgewater Street, for a term of forty (40) years, commencing on the 1st day of February, 2002, and ending on the 31st day of January 2042. Attachment "2" is a copy of the said Lease Agreement. On August 1, 2002, the City entered into a Lease Amendment Agreement with Kennedy/Kerlow whereby certain provisions of the January 22, 2002, Agreement were varied. Attachment "3" is a copy of the said Lease Amendment Agreement. The Lease Agreement of January 22, 2002, provides that the tenants shall be permitted to assign or sublease the Lease to a third party, provided that the City has firstly given its consent in writing, which consent shall not be unreasonably withheld. On July 23, 2007, Council consented to the assignment of the balance of the term of the August 13, 2013 -2 - L-2013-31 lease to Wayne and Joanne Sheridan. Wayne and Joanne Sheridan now wish to assign the remaining term of the lease to Mary- Ann McKinley. Staff is not aware of any reason to object to the assignment. LIST OF ATTACHMENTS • Attachment "1" - Subject lands • Attachment "2" - Lease Agreement dated January 22, 2002 • Attachment "3" - Lease Amendment Agreement dated August 1, 2002 Recommended by: Ken Beaman, City Solicitor Respectfully submitted: Latta. Ken Todd, Chief Administrative Officer KB Attachments Page 1 of I ATTACHMENT " I " 7 :1 176 f \ / 7 1� .. P� / ,\ \t tit N„, 4012 ., . // , 4024 Nl ' �_q 1 . J .ice �� �•-�401. , //// \ x\4021` \� / / 405 ,� \` 402? 4 f / // /l // 4035 `ti. /( ;'‘. 408(1 y!q 11fff `, ter, ., �. )1� .'` \.\ , P,tcQ'� 4045 .,�. l \ ,N / \4\04N„ 4036 \4053 r 4u6 \ \ 4065 N. 4228 / N 4140 � '// ``\ N N // N "/N-„, 1081 l"\ f ,_N, �`, \ '`�.,/ , ��4089 \\. .4.5- \��,` // ` Niagii S \40941, / 4072 `ti i'N http://www.fallsviewer.ca/print/Ocf aa7le-c3d4-400e-9a73-a42243053c0f.png 7/23/2013 ATTACHMENT "a: THIS INDENTURE made in triplicate this 22od day of January, 2002. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT: ROY KENNEDY and GAIL KERLOW Hereinafter called the "lessee" OF THE FIRST PART - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "lessor" OF THE SECOND PART WITNES SETH that in consideration of the rents,covenants and agreements hereinafter reserved and contained on the part of the lessee,the lessor by these presents doth demise and lease unto the lessee all that parcel of land situate lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of part of Sophia Street road allowance, as shown outlined on a sketch marked Schedule"A"attached hereto,together with all facilities of ingress and egress required for the use of the said parcel of land for the purpose hereinafter set out. 1. TO HAVE AND TO HOLD the said demised parcel of land(the"land")for and during the term of forty(40)years commencing on the 1st day of February,2002 and ending on the 31" day of January, 2042. 2. There shall be no renewals or extensions of the term. 3. Subject to paragraph 4,yielding and paying therefor during the said term unto the lessor the sum of$617.75 annually to be paid in advance on the first day of February in each and every year. 4. (1) The lessee covenants to pay rent. (2) The said rent shall be fixed,except as set out below,for an initial period of five(5) years and shall be subject thereafter to review and revision in accordance with the terms of this lease. - 2 - (3) Review and revision of the rent payable shall take effect on the fifth anniversary of the commencement of this agreement and on each subsequent fifth anniversary. (4) In the event that the parties are unable to agree upon the revision of rental payments, this lease may be cancelled by either party giving 90 days notice, in writing,to the other party of their intention to cancel the lease. 5. The lessee shall be permitted to assign or sublet the lease to a third party,provided that the lessor has firstly given its consent in writing, which consent shall not be unreasonably withheld. The lessee further covenants that any and all assignments or subletting of the lease shall be subject to the execution of all documentation necessary,in the sole discretion of the lessor,to bind the assignee(s),transferee(s)or sub-tenant(s),as the case may be,to all of the terms and conditions contained herein. 6. In the event of any default hereunder,except for arrears of taxes which are specifically dealt with in paragraph 7, including without limitation, the non-payment of rent or non-performance of covenants by the lessee, the lessor shall give the lessee at least thirty days notice in writing to rectify the default. Should the lessee not rectify the default, the Lessor shall be entitled to terminate the lease upon giving the lessee thirty(30)days notice in writing to this effect at the address below specified in paragraph 11 and to re-enter and take possession of the lands and lessee hereby covenants and agrees to deliver up vacant possession of the land immediately upon request. 7. The lessee covenants with the lessor to pay all taxes, rates and charges, including local improvement rates which are assessed or charged against the land. The lessee agrees that should there be tax arrears against the land for a period of at least thirty days,the lessor may terminate this lease upon giving the lessee at least thirty days' written notice but the arrears are still due and owing by the lessee. Any subsequent payment of the arrears by the lessee shall not terminate or cancel the notice of termination given by the lessor herein. 8. The lessor covenants with the lessee for quiet enjoyment. 9. The lessor and the lessee hereby further covenant and agree as follows: (a) The land shall be used and occupied in accordance with the zoning by-law, as may be amended from time to time,as well as all other municipal,provincial and federal laws. (b) The lessee covenants to maintain the land in good repair. If, in the sole discretion of the lessor, any required maintenance or repair is not performed forthwith by the lessee, the lessor shall be entitled to direct, in writing, that the lessee have the required work performed entirely at the expense of the lessee. If the lessee fails to undertake the required work,the lessor shall have the right,in its sole discretion,to - 3 - have the work undertaken at the expense of the lessee and further the lessor shall be entitled to terminate the lease upon giving the lessee at least thirty days' notice in writing and the lessee hereby covenants and agrees to deliver up vacant possession of the land immediately upon request. (c) The lessee shall not cut or remove any trees or ornamental shrubs without the consent of the lessor. (d) Upon expiration or termination of the lease, the lessee may either remove all buildings and structures within thirty days from the end of the lease or the buildings and structures will become the sole property of the lessor. Should the lessee remove any buildings or structures, he/she shall be responsible for all costs associated with the restoration of the land to its original condition or such other condition as shall be approved by the lessor,failing which the lessor may do the required work at the sole expense of the lessee,and the lessee agrees to pay forthwith such costs and expenses as may by incurred by the lessor. (e) All persons and property at any time on the land shall be at the sole risk of the lessee, and the lessor shall not be liable for any loss, damage, or injury(including loss of life)to them or it however occurring,unless caused or contributed to by the neglect or default of the lessor. (0 The lessee shall assume all liability and obligation for any and all loss, damage, or injury(including death)to persons or property that would not have happened but for this indenture or anything done or maintained by the lessee thereunder or intended so to be and the lessee shall at all times indemnify and save harmless the lessor from and against all such loss,damage,or injury and all actions,suits,proceedings,costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith;provided that the lessee shall not be liable to the extent to which such loss, damage, or injury is caused or contributed by the neglect or default of the lessor. (g) The lessee shall at its own expense take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor, protecting and indemnifying the lessee and the lessor, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss ofor damage to property occurring in,on,or about the land with all inclusive coverage of not less than $2,000,000.00, such policy to include the lessor as an additional named insured and to be endorsed to include the contractual obligation of the lessee to the lessor under this agreement and to contain a"cross liability?'endorsement. A certified copy of such policy or a certificate in lieu, in a form satisfactory to the City Solicitor,shall be provided to the lessor on or before the lease commencement date and on or before the renewal date of all future renewals of the policy. The lessor may, in its sole discretion, require the lessee to raise the -4 - minimum amount of coverage and shall so advise the lessee in writing, who then shall immediately increase the minimum coverage and deliver to the lessor within thirty days,a certified copy of the policy or a certificate in lieu,in a form satisfactory to the City Solicitor,showing the amended coverage. Failure of the lessee to comply with these provisions shall constitute breach of the terms of this lease and shall entitle the lessor to terminate the lease upon giving at least thirty days notice in writing to the lessee. (h) The lessor may at any time (except in an emergency when no notice shall be required) upon reasonable notice, enter on the land and inspect same to insure compliance with the terms of this lease. (i) The lessee shall pay to the lessor from time to time any costs, charges,or expenses, incurred by the lessor in connection with any works or undertaking of the lessor to the extent to which the same shall be necessarily incurred by the entering into of this lease. (j) The lessee shall not be entitled to construct fences nor to have heavy landscaping such as rock gardens,retaining walls,fountains,massive plantings of shrubs or trees or similar items. I0. (1) Where this agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e-mail, by fax or by prepaid ordinary first class post,by the party wishing to give such notice,to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e-mail or fax,on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act,failing which it shall be deemed to have been received the next day,provided the next day is not a holiday; and - 5 - (c) in the case of ordinary post, on the third day, which is not a holiday, following posting. 11. Notice shall be given, to the lessee at: Mr. Roy Kennedy 4071 Bridgewater Street Niagara Falls, Ontario L2G 6H7 Tel: (905) Fax: (905) to the City at: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Property Manager Telephone No: 905-356-7521 Fax No: 905-371-2892 or such other address as the parties shall specify in writing. It shall be the obligation of the lessee to advise the lessor, in writing,of any change in address. Otherwise,the lessee shall be deemed to have received all notices when sent to the address set out above or to the latest address change on file with the lessor. 12. This agreement shall extend to,be binding upon and enure to the benefit of the parties hereto - 6 - and their respective heirs, administrators, successors and assigns. IN WITNESS WHEREOF the party of the first part has set his/her hand(s) and the party of the second part 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 their corporation. )It ) Witness ) Nan Roy Kennedy IQTLC �Nate (èpc ail Ker ow ) ) THE CORPORATION OF THE ) CITY OF NIAGARA F• - ) Name: Wayne Thomson ) Title: Mayor d ) Name: De lo clitjAaLL- ) Title: City Clerk ) ) ) -7 - Schedule"A" "/<-^ � 6t.` \ 1 / 1 �.r . 1 1 \ 9s 0 O A♦ fi• .�i� v s I . a� ts, N.rI a ♦\ - t \ 7. I 4 . > If s � Sr) c � tel��^ /�_ s • be • "ea a ..."),/ e / ii-.-14. ..1-A.P/ ,....-- tt- / ye c-ce n 1• ;`' -$ - a y • 6J / v '' / \\ \\ -6, ■ ` N _, .r.coy .\ \ o-} \\ .1" i 7.' 1 PA/kr S C P '-UA Sr IC..a-CT AOA b. A �.`o..1 Asa ct — -- -- -,.. rt. IA...) t c- 1 P A •-.- Aaa *E S S — - 4 0 LJ '1 a R.it, Cr.cwAT clt ST l. OSI LIVER ( • . - ° 12.5'1(, y +1j 2 5.34 L. • N p• 0 M w Q 115'40 r « 40 4_ K l7.'$-IS Muir .�i iv T 1 N ~ N '?t1 C-114 " $w UrS-L 1 2 or_. .4 _ _ __ _ N 11'5-42 .‘”Co L., 4 ., 11 t .,. r 12.5,13 a'2� M < W h F— �- - -°'4,: .j" ?r- 0- '114114 0 ,s f In' g I;_$-12 "-x",12-5-43 fir,` �.L� nvg 3 ,n M1 V N '- W .. ry U a " 1'-' ; 0-5-It ..V.,°"," i H wce J U (tile: j '7 — __- E._ rum!� il� p ., ,Le (/ 2 .°off _ J z 2 . 1 M J 2 o. •_ ^I+ • ' N , 4 4 C I�-S-'i4 S. r • J 1 ri l 0 o-o- °112-5.1 sir' °' . P 3• 0 14 le F Z ` CC N- , 12-5-47 y 2 4 a.p LQ9 z - 12 5 B :2°� $: 1 1 qzJ + Z W O¢ PLO& LSI - - i2•S-4$ N y ja, 1� 115-7 30:-30:-.S.-: r° c — — — -— 2 ( 0 12-5-(° ^ • 12-5-44 Mo • _ _ N MUM 1.I In U-5-50 L 5 Efithart 4 I y ti 11-S-51 W a •T It <u `< 04 N 12-5-52 _ q.4 t --.1 z4 0 °" &' .:}" i moo. s I. 2 ', w T c te W ti t+ u °H1�-5-53 P. v; 2 e, o x Q so„•v 151.7.0;..: O t n-6-Sr r ATTACHMENT "3 " THIS LEASE AM NDMENT AGREEMENT made this 1g day of August,2002. BETWEEN: ROY KE i EDY and GAIL KERLOW, Hereinafter eferred to as the "Lessee" OF THE FIRST PART; - and- HE O t 'ORATIO 0 T . CITY OF _• GARA F• LS, Hereinafter eferred to as the"Lessor" OF THE SECOND PART. WHEREAS this A eement is supplemental to a Lease(the"Lease")dated the 22nd day of January,2002, granted by a Lessor to the Lessee of the lands and premises as described in the Lease, for a term of Forty(40)years commencing the 1st day of February,2002; AND WHEREAS the parties intend to vary certain provisions of the Lease in the manner set out below. NOW THEREFORE THIS AGREEMENT WITNFSSETH that in consideration of the mutual covenants,conditions and agreements herein contained,the parties agree as follows: 1. The provisions of the Lease are amended as of the 1st day of August, 2002, in the following manner: (a) Paragraph 3. of the Lease is deleted and replaced as follows: Subject to graph 4,yielding and paying therefor during the said term unto p the Lessor a sum of Four Hundred and Eleven 17/100 Dollars($411.17) annually to e paid in advance on the first day of February in each and every year. I I 2 2. The Lease,as am• 'ed,shall continue in full force and the covenants,conditions and provisions contained in the Lease, in all other respects, are confirmed. IN WITNESS :I REOF the Lessee hereto has hereunto set their hands and seals and the Lessor hereto has hereunto affixed its corporate seal,duly attested by the hands of its proper signing officers and the said signin: officers certify that they have authority to bind the Corporation, all on the day and year first above written. SIGNED,SEALED AND DEL RED ) in the presence of ) 4111P._ _ ) Roy Ke: edy ) ii p�� f •• ` ' ill ti ' . ) G erlow ) THE CORPORATION OF THE CITY ) OF NIAGARA FAL Pe . ) Wayne Thomson,MAYOR ) Dean Iorfida,CLERK ) MW-2013-39 Niagaraaalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2013-39 Portage Road/Rail Corridor Maintenance Agreement 2095527 Ontario Limited, c.o.b. as Fallsview Group(Menechella) RECOMMENDATION That Council authorize the Mayor and Clerk to execute a Maintenance Agreement with 2095527 Ontario Limited, c.o.b. as Fallsview Group, to permit the landscaping, maintenance and use of the former CP Rail lands, as outlined in this Report. EXECUTIVE SUMMARY The former CP Rail lands owned by the City of Niagara Falls have been left in an unmaintained condition since a portion of the rail corridor was acquired in 2001. The land is situated adjacent to Portage Road and borders some of the more prominent highrise hotels that have access from Fallsview Boulevard. City Staff and Council, while recognizing the relative value of these lands, have yet to establish an end use for this property. The adjacent landowners have requested the opportunity to maintain these lands on the same terms as were agreed to by HOCO with respect to the maintenance of that part of the same former rail corridor that abuts HOCO's lands near Clifton Hill. Staff is supportive of this initiative as it will result in an improvement to the condition of the property, at no expense to the City. BACKGROUND The proposed Agreement entitles an abutting property owner, 2095527 Ontario Limited, c.o.b. as Fallsview Group, the owner and operator of the Embassy Suites Hotel, to enter the subject lands and undertake landscape improvements and maintenance upon them. There is also provision for a driveway. The improvements and maintenance must be undertaken to the satisfaction of the Director of Municipal Works. As is the case with the HOCO Agreement, public access to the lands is maintained. The subject lands are shown in the attached plan. ANALYSIS/RATIONALE The Agreement would enable the City to secure improvements to its lands at no expense to the City. August 13, 2013 -2 - MW-2013-39 LEGAL IMPLICATIONS The Agreement can be terminated on 60 days notice. CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. LIST OF ATTACHMENTS 1 . Plan showing affected lands 2. Concept Plan Recommended by: / 1< ,,/ Geoff Holman, Director oy ilunicipal Works Respectfully submitted: LiAai Ken Todd, Chief Administrative Officer Geoff Holman Attachments r hi R a S �j•t S 1pp � 7,40 ac t 4t k ii! i i - E J1, :kl aSz_1° _. :r, i N A E �^t -,, 3.. N A , ': :i i 3F - €S n 2 ej atia 3 3 , .r aa t. :i\ . rd° ;.15 z3 . . t ' E as' i;�«R z It ~ c �i/m _ !:Iiiiill:i"; _' S R p x c E a L1 ` '7 _ — _ti 1! Y e xpi 4 1ar -44 * an R 'I- _ $yRiik3 gill i sTREEi y:faa r r, _ . : raw }33pa 'ZZ I r d:r,LL+� I 7 5= 1 f• r IIH ]y 1 y R < N c E a ` r .y}ill ;: li if::. 1 i m r -- 1 . 11 2 I., 1 SE ,� a R..' , it": e I E. t a° f °2 iiiaie 33; TI E a A m 3 a ° N e^ 2 —-2 G L I I �— NI It 1 Y iE-i , dg`s RPN6E o i �J ..■ 4:�i /r' I I aN 1 ° ,__ -:j a 1 -6;8e y o 44' ti,C i a 'JJ 1 ' 4 pasi uY a ` rf —Il— R A N A E ° 3-t E 1` I q'.. g Y 'I�3 ) uu'«': 'AL —` 1334 lett S. ry c E 'z ia. 11 X33 R r 155"X] --- ` :e" :` E^II ng a— 1 i 1 i 't. 1 0o °Hifi 7f 4a 1 j 3i .1 a ' A11^ k ; R p ry 4 E `I i 1_Alt o •at, •, 3i1 C t STREET ` . R. 9 t Y Y ! t i 4a i i N 1 b4 s°E • 3 CA o >E x & 1 N i 1 ; d N PORTAGE ROAD \�, I EMBASSY SUITES ii 1• "NN 4RE F TOWER HOTEL '" - " K__/� _ - 1 3 q T �� 3 ©. c' ‘ MARRIOTT i ,. HOTEL _X - M a , } - -. I_ a 1 4 \\\ I ° 4 I t I ' _z. r. LIVINGSTON iTRE ' .1 , --____---- I i Prepared By IJ:3=C Sra,e'50] PORTAGE ROAD LANDSCAPING CONCEPT Niagat rafts/Is MW-2013-41 Niagaraaalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2013-41 Asphalt Overlay Program - Phase 2 Tender Award - Contract #2013-03 RECOMMENDATION 1 . That the contract be awarded to the lowest bidder Circle P Paving at the tendered price of $457,975.00. 2. That the scope of work of the Phase 2 Overlay contract be expanded to fully utilize the total amount budgeted for the 2013 Overlay Program. 3. That the Mayor and Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Asphalt Overlay Program is completed in two phases each year. Phase 1 consists of those streets that were reconstructed under a previous year's Capital Works project and have satisfied the requirements of the one-year maintenance period. The contract for Phase 1 was awarded by Council at its meeting on July 9, 2013. The second phase focuses on those road sections that require resurfacing or rehabilitation to address deteriorated road conditions brought on by freeze-thaw cycles, heavy traffic or utility cut repairs. It is more cost effective to resurface these sections than to temporarily patch them. The approved 2013 Capital Budget included $1,000,000 for both phases of the asphalt overlay program. Favourable pricing received in tenders for both phases, has resulted in the projected costs being lower that the approved budget amount. Staff recommend that the City utilize the potential additional funding created by the favourable tenders to expand the scope of the second phase to include additional roads. This expanded scope would be limited to the original budget of $1 ,000,000. The list of road sections and related quantities have been tendered in accordance with the Corporate Supply and Services Policy and ranked in accordance of priority. August 13, 2013 -2 - MW-2013-41 BACKGROUND The Tender Opening Committee in the presence of the City Clerk, Dean lorfida and the Construction Supervisor, Eric Lallouet opened tenders on Tuesday, July 30, 2013 at 1:30 p.m. for the above noted contract. Tender documents for Phase 2 were picked up by four (4) contractors and four (4) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors. Contractor City Tender Price Corrected Bid Circle P Paving Stevensville $457,975.00 - Norjohn Contracting Niagara Falls $467,167.00 - Rankin Construction St. Catharines $467,455.00 - Brennan Paving Markham $495,960.25 - ANALYSIS/RATIONALE Phase 2 of the Asphalt Overlay Program targets those road sections that require resurfacing or rehabilitation in order to extend the life of the road asset. The priority is established by using factors such as the Pavement Condition Index (PCI), numbers of reports for remedial repairs and where further deterioration of the roadway will result in exposure to liability or place the travelling public at risk. While it is difficult to predict the rate of deterioration of the City's roadway assets it should be noted that it is often more expensive to repair road sections on a piece meal basis than to perform timely resurfacing or rehabilitation. The City's adoption of the Minimum Maintenance Standards requires the City to patrol, document and remediate roadways listed in poor condition within preset timelines. The road sections included in this year's program are: Cadham Street from Drummond Road to Frontenac Street(full depth, mill, base, top) Whitman Avenue from Paisley Avenue to Hawkins Street(full depth, mill, base, top) Paisley Avenue from Whitman Avenue to Hawkins Street (full depth, mill, base, top) Issac Street from Dorchester Road to Windermere Road (full depth, mill, base, top) After completing the above mentioned streets, if sufficient funds are remaining, the following streets will be considered: Brookdale Drive from Thorold Stone Road to Alpine Drive (full depth, mill, base, top) Michael Street from Brookdale Drive to Niven Street (full depth, mill, base, top) Niven Street from Kalar Road to Brookdale Drive (full depth, mill, base, top) In addition, the tender includes work on the following Municipal Parking Lots: Morrison Street Parking Lot (top asphalt) Ellen Avenue - Parking Lot #4 - (full depth, mill, base, top) August 13, 2013 -3 - MW-2013-41 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The total funding approved for the asphalt overlay program in the 2013 Capital Budget was $1,000,000. This funding includes both phase 1 and 2 which were tendered separately. In both phases, the tenders received were lower than expected and as a result, staff recommend increasing the scope of Phase 2 to utilize the entire approved budget. Increasing the scope of work will enhance the life expectancies of the additional roads. As indicated, the expansion of the scope of Phase 2 will only be up to the overall budget approval of $1,000,000. CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS 1 . Location Map #1 2. Location Map #2 3. Location Map #3 Recommended by:` f ,( )1y 6c Geoff Holman, Director of nicipal Works Respectfully submitted: IN/ha. Ken Todd, Chief Administrative Officer Geoff Holman ow ST. THOMAS z DUNN ST. 1 i HAROVICS LA- =MORE DR in GE U1 Ii lJ DuNN sr. LEAWOOi I °43 11\1S CT IL RE, i 0 RFS O MARGARET ST. fl a ATLEE ST. l a OEMETRE CRES 2 Q I BONNIE SL < ,�. 4e 2� CHURCh a x WINSTON ST. r 3 �P O� �Q SKINNER ST. I 0 CONCIRD P WHITMAN AVE. 3 o a CRES. ARAD ST.3T Ell m CENTENNIAL ST. �� 00 ¢ 3 G >- al _' 0 3 ¢ 3 DOU GL • s QP . a \ CZ p ST Z a o 0 a HAVOC NS ST. HAWKINS 0 o m i o J � U\ 7 w O ANN 5T. 6 Q j m < .�n�1�1��� LE0 D laill I x W 1 I > O Q I- I Z 1 ARAD ST. 07 I. HENNEPIIN CRES. > CADHAM ST.• S •� I' ST. � w FRONTENAC O VILLAGE CRES. 151_ I Z HAWKINS 'T. e x W U W I D > Q 11 Q D Q WENDY DR. a � �OD CRES. N ' n CF APPROVED SCALE I MUNICIPAL WORKS N DATE I '5 C'2:',13 FILE. NO. MAP DIRECTOR OF MUNICIPAL WORKS 2013 DATE Asphalt Overlay of Roads - Phase 2 i 2013-03 2 Li ¢ w S > ¢ QUEEN ST. ________a_ �l S9 / LJ w N r ¢ > 0 HURON ST. HURON rsi <� s ° ST. I / U F I / w Z > MORRISON cn ST. o V / 2 r 4 W ,- . ,,, , ELL S . ° ELLS ST. i VFQRO Li U 21:1 /SCOE ST. w SIMCOE ST. L. ¢ cl ¢ / C. cc :AMPFIELD T / °,RMOURY ST. aJ w ¢ � 17 RES O • t-r-i cer c'--N:': ,,,, kp0 U, 0÷ Z H I PK L•T NO. 5 ic) rm---1 0. it- W � 6� v' APPROVED ,,rJ SCALE ,J VT9 I MUNICIPAL WORKS N 1 DATE 1S.C7;2013 DIRECTOR OF MUNICIPAL WORKS woRUS FILE.NO. MAP I DATE 1 Asphalt Overlay of Roads - Phase 2 2013-03 1 3 PBD-2013-55 Niagaraflalls August 13, 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-2013-55 Official Plan 5 Year Review RECOMMENDATION That Council authorize Staff to initiate a 'Special Meeting of Council' to obtain public input into the 5 year review of the City's Official Plan as required under Section 26 of the Planning Act. EXECUTIVE SUMMARY The authorization of Council is being requested to proceed with the notification for a special meeting of Council, as required under the Planning Act to obtain public and agency input into the 5 year review of the City's Official Plan. It is Staff's intent to hold the Public Meeting in early fall of 2013 during Committee of the Whole. This process is being undertaken concurrently with the Region's 5 year review of their Policy Plan. BACKGROUND Section 26 of the Planning Act requires the council of a municipality to conduct a review of their Official Plan no less than every five years to ensure conformity with Provincial Plans. matters of Provincial Interest and Policy Statements. Where the Official Plan contains policies dealing with areas of employment, those policies are also to be reviewed and updated if needed. As part of the Official Plan review, the Planning Act also requires that a Special Meeting of Council, open to the public, be held to discuss the revisions that may be required. Please note, that this special meeting regarding the Official Plan review will be incorporated into a regularly scheduled Council meeting. Any person who attends the special meeting shall be given the opportunity to be heard on that subject. ANALYSIS The City's Official Plan has been in effect since 1993 and has had numerous amendments. The Province has been active over the last decade in producing new Plans and making changes to existing Plans and Policy Statements. The City's Planning, Building and Development Department, in response, has kept the Official Plan current to these changes. August 13, 2013 - 2 - PBD-2013-55 In the 2005 review of the Official Plan, changes were made to reflect the changes to the Planning Act through Bill 26 (consistency with Policy Statements); 2005 Provincial Policy Statements, changes to the Heritage Act and new NPCA Policies. Since then the Province has produced Plans and policies that further address growth management as well as the protection of agricultural and natural heritage areas, including: • Ontario Heritage Act Amendment - Bill 60 • Planning and Conservation Land Statute Law Amendment Act - Bill 51 • Greenbelt Plan 2005 • Growth Plan 2006 • Clean Water Act 2006 • OMAFRA Revised Minimum Distance Separation Formulae, 2007 In dealing with the implementation of the Growth Plan, the City conducted a major review of residential and industrial lands with a significant amount of public input in 2010 leading to Official Plan Amendment #94. Due to the scope of study and public notification this process represented a major Official Plan review. The following list outlines the specific policy amendments made to the City's Official Plan since 2005: OPA # 65 Environmental Quality - provisions for records of site condition for development 66 Estate Residential - Willoughby area (denied by OMB) 67 Good General Agricultural Policies, based on Planning Act and Policy Statements 73 Minimum Distance Separation Formulae, based on revised OMAFRA policies 74 Cultural Heritage Policies, based on changes to the Planning and Heritage Acts 76 General Updates based on Planning Act Amendment, Bill #51 (complete applications, preconsultation) 94 Growth Plan Conformity, implementing the Growth Plan 96 Environmental Policies, based on updates in the Planning Act, the Conservation In addition, other general amendments made to the Official Plan during the time period include: OPA # 79 Historic Drummondville, implementing the Community Improvement Plan (CIP) 88 & 89 Buttrey Street Area & Cytec Area, implementing the CIP 91 Market Studies -removal of requirement as per direction of Council 99 Garner South Secondary Plan Through these amendments, updates have been made to most of the sections of the Official Plan. Staff are currently undertaking amendments to those remaining sections that have not been updated since 2005 or sooner: August 13, 2013 -3 - PBD-2013-55 • Tourism Policies - public consultation on these policies is expected to start this summer; • Commercial Policies- background research is underway on updating these policies; • Agricultural Policies - draft policies are ready for public consultation on the addition of value added agricultural uses; • Gateway Economic Zone - a review of policies is underway; • Open Space & Parkland Policies- a review has been initiated; • Source Water Protection- policies to be included in the Official Plan once Provincial approval is given to the area's Source Protection Strategy (late 2013, early 2014); • Aggregate Resources (Extractive Industrial). In addition, the Province is undertaking a 5 year review of the Provincial Policy Statements which may, in the future, require further amendment to the Official Plan. Public and Agency Engagement with a 5 Year Review The Planning Act not only requires public notification of a 5 year review but also consultation with the approval authority: Niagara Region and prescribed bodies under the Act (i.e certain agencies). The Region of Niagara is currently undergoing a 5 year review of its Policy Plan with a meeting projected for early fall of 2013. It is anticipated that the City's process will run concurrent to the Region's update which may be beneficial to both levels of government in the sharing of updates and ideas. Process The special meeting of Council must be advertised at least once a week in each of two separate weeks providing a minimum notice period of 30 days before the actual meeting date. Notice will also be sent to agencies, stakeholders, and interest groups. The purpose of the meeting will be to gather input from these groups. The suggestions and comments received will then be reviewed by Planning staff and addressed through research and draft policies, where applicable, which will once again be available for public input through a second public meeting process. Additional meetings may be held as required. The public and commenting agencies will have another opportunity to comment at the Public Meeting of Council to consider the amendment(s) emerging from the 5 year review to the Official Plan. FINANCIAL IMPLICATIONS The costs associated with public notification will be covered within the Planning, Building and Development Operating Budget. CITY'S STRATEGIC COMMITMENT The special meeting of Council for the 5 year review of the Official Plan contributes to the City's Strategic Commitment for a Well Planned City and provides citizens the opportunity to offer their view on policies that contribute, through Planning policy, to the achievement of the remaining Strategic Priorities. August 13, 2013 -4 - PBD-2013-55 LIST OF ATTACHMENTS There are no attachments. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 12-11 /11A1 Ken Todd, Chief Administrative Officer F. Berardi:bl S:\PDR\2013\PBD-2013-55.. Official Plan 5 Year Review.wpd PBD-2013-57 Niagarafialls August 13, 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-2013-57 Update Concerning Appeal of Regional Policy Plan Amendment 2-2009 RECOMMENDATION That Council direct the City Solicitor to withdraw from the Ontario Municipal Board hearing regarding Regional Policy Plan Amendment 2-2009. EXECUTIVE SUMMARY On July 9, 2013, Council approved report L-2013-28 which contained the following recommendation: That staff analyze the Minutes of Settlement to determine what role the City of Niagara Falls should take with respect to the outstanding appeals of Regional Policy Plan 2-2009. Within the Minutes of Settlement, the Province and the Region agreed to reduce the population for the Region from 545,400 to 511,000 in order to comply with the Growth Plan for the Greater Golden Horseshoe. This has resulted in a reduction in the projected population for the City by 6,459 people. Given that the reduced population projection is considered a transitional or "bridging amendment" and that the higher projections will be utilized in the next 5-year review (2014-2015), no further action at the Ontario Municipal Board is recommended. BACKGROUND On July 9, 2013, Council approved report L-2013-28 regarding the progress of the appeal of Regional Policy Plan Amendment(RPPA) 2-2009. RPPA 2-2009 is the Region's Growth Management Strategy within which are contained population and employment projections for the Region and the lower tier municipalities. This amendment was appealed to the Ontario Municipal Board (the Board) by various parties, including the Province. August 13, 2013 -2 - PBD-2013-57 As reported in L-2013-28, a Minutes of Settlement has been entered into between the Region and the Province. Within these Minutes of Settlement the parties agree to a substantial number of modifications to the amendment, most notably the population projections. The population for the Region has been reduced from 545,400 to 511,000 in order to comply with the 2006 Growth Plan for the Greater Golden Horseshoe. This has resulted in a reduction in the projected population allocation for the City from 106,800 to 100,341 or by 6,459 people. ANALYSIS The reduction in population has the potential to significantly alter the timing of future development. However, Planning staff met with Regional Planning staff on July 22, 2013, regarding the reduced projections. Regional staff have advised that they consider the reduced projections as a "bridging amendment" in that these projections will essentially be a transition between now and the next 5-year review expected to occur in 2014-2015. At that point, the Region will be utilizing the higher projection which will allow the City to use a forecasted population of 106,800. The Region is also conducting a Phasing Strategy Study to address future growth; the City will be able to further comment on that report and amendment once released. As there will only be a one to two year transition period, there appears to be no need for further action to be taken at the Board regarding this matter. FINANCIAL IMPLICATIONS Should Council wish to pursue this matter further at the Board, there will be considerable cost (>$100,000.00) to prepare and execute the case with little likelihood of success. CITY'S STRATEGIC COMMITMENT The reduced population projections, given that these are considered to be a "bridging amendment", will not be inconsistent with Council's commitment to a well-planned City. Recommended By: 6h,i6 / t t-Atm \ Alex Herlovitch, Director of Planning, Building &Development Respectfully Submitted: � �r' ' V Ke Todd, Chief Administrative Officer J.Barnsley S'.\PDR\2013\PBD-2013-57, Ramifications of the Settlement of Regional Policy Plan 2-2009.wpd TS-2013-33 Niagarafalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-33 Transit Agreement with Niagara College Student Administrative Council RECOMMENDATION: 1. That Niagara Falls Transit services be provided to full-time Niagara College students for the school year September 2013 through April 2014. 2. That Niagara Falls Transit service is extended to the campuses of Niagara College. 3. That the municipality enter into a one year agreement with Niagara College Student Administrative Council to provide the service at full cost recovery. 4. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: The most recent Agreement to provide service between Niagara Falls and the Niagara College Campuses for the benefit of the students expired on April 30, 2013. Transit staff have been in discussion with the College's Student Administrative Council to establish a new Agreement, which will allow Niagara Falls Transit to continue to provide the service from September 2013 through April 2014 inclusive. Various service options have been reviewed in an effort to provide a schedule which meets the needs of the students, while remaining within their budget. A schedule was cooperatively developed, which their Council is confident will address the student's transportation needs for the upcoming school year. BACKGROUND: The Niagara Falls Transit service to Niagara College's Welland and Niagara-on-the-Lake Campuses is an express service operating on a fixed route. The service is provided September through April to ensure the students residing within our city have an opportunity to travel to and from the two Campuses to attend their daytime and evening classes, as well as their exams. August 13, 2013 -2 - TS-2013-33 The level of service provided for the 2013/2014 school year is at an hourly rate of$91.97 per hour, which provides Niagara Falls Transit with full cost recovery for the provision of service beyond our municipal borders. Further, based on some carrying capacity issues which were occurring last school year, Transit staff worked with the Student Council to add additional trips to assist with spreading the loads over a greater period of time. This agreement also has a "Fuel Escalation Clause"to protect the City if the price of diesel fuel increases dramatically. In addition, any fares collected by non student customers choosing to utilize this service to travel to the Campuses are retained by Niagara Falls Transit. FINANCIAL/STAFFING/LEGAL IMPLICATIONS: The one year Agreement with Niagara College's Student Administrative Council will provide Niagara Falls Transit with revenues of$625,570. These revenues will allow the service to operate between Niagara Falls and the two College Campuses at full cost recovery. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and the Niagara College Campuses supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient,Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer I. Stuart S:\General Administration\GA 1.01 Reports\2013 Council\8 Aug 13\TS-2013-33 Transit Agreement with NCSAC.wpd TS-2013-36 Niagarafalls August 13, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-36 Transit Agreement with the Town of Fort Erie RECOMMENDATION: 1) That the municipality enters into an agreement with the Corporation of the Town of Fort Erie to supply transit service at full cost recovery. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY: The Town of Fort Erie is interested in Niagara Falls Transit providing service between their community and Niagara Falls for the September 2013 through April 2014 period, which aligns with the school years' for Niagara College and Brock University. This one year agreement will be provided at an hourly rate, which ensures all costs associated with the provision of service are fully recovered. BACKGROUND: The Town of Fort Erie has requested Niagara Falls Transit supply inter-municipal bus service between Niagara Falls and Fort Erie. This service began five years ago in September 2008 and serves as an educational and employment link between the two communities. The service will commence on September 3, 2013 and continue through to the end of April 2014, which will address the needs of the post secondary school customers who account for more than 70% of the ridership. In addition to the student traffic, the service attracts riders who travel into Niagara Falls for employment opportunities. The service is provided from the Walmart store in Fort Erie to the bus platform on Morrison at Dorchester in Niagara Falls and thus, provides connection options to other Niagara Falls Transit buses for these customers. FINANCIAL/STAFFING/LEGAL IMPLICATIONS: The Service Agreement for the September 2013 through April 2014 will be the same as the August 13, 2013 -2 - TS-2013-36 previous four terms. The hourly rate will be $90.22 per hour, which recoups all costs associated with providing this inter municipal service. Based on the number of hours provided,the September2013 through April 2014 service period will generate approximately $119,000. CITY'S STRATEGIC COMMITMENT: The provision of service between Niagara Falls and Fort Erie supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: iLljt4AA Ken Todd, Chief Administrative Officer D. Stuart S:\General Administration\GA 1.01 Reports\2013 Council\8 Aug 13\TS-2013-36 Transit Agreement with Town of Fort Erie.wpd Dean Iorfida From: Dean Iorfida Sent: Tuesday, July 23, 2013 11:53 AM To: Geoff Holman Cc: Ken Todd; Karl Dren; Marzenna Carrick Subject: RE: TS-2013-32 Portage Rd. Re-alignment Class EA - Consultant Engagement I've got no problem going with the deferred report, on August 13, and your email explanation as an attachment, Geoff. Thanks Dean From: Geoff Holman Sent: Tuesday, July 23, 2013 11:48 AM To: Dean Iorfida Cc: Ken Todd; Karl Dren; Marzenna Carrick Subject: TS-2013-32 Portage Rd. Re-alignment Class EA - Consultant Engagement Hi Dean, I would appreciate your advice on how to get TS-2013-32 back to Council for the meeting on August 13th. As you know this report was deferred pending further discussion and consultation with the Fallsview BIA and various stakeholders. We met with the BIA yesterday and clarified the scope of the project and the stakeholder engagement process we intend to follow.They agreed unanimously to support the direction to proceed with the study. We will be providing additional information regarding the Terms of Reference and the consultant's proposal in due course. In addition we hope to have a quick discussion with Marineland and Fallsview Casino who are not members of the Fallsview BIA. Can we just put TS-2013-32 back on the agenda and provide a verbal explanation as to how we addressed Council's concern or is it more appropriate to prepare a new report and explain it in writing. This was Marzenna's report but she is away this week. I am away From July 26th to August 12th. Karl might have to fill in the missing pieces if we need a new report. Thanks, as usual, for your help. Geoff Holman, C.E.T. Director of Municipal Works Municipal Works City of Niagara Falls N,o - = z 310 _ _2E ._ 15 ;ncirtaniDn'agaratai!s.ca 1 TS-2013-32 Niagarafalls July 9, 2013 REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-32 Portage Road Re-alignment- Fallsview Blvd. to Marineland Pwy. Request for Proposal RECOMMENDATION 1) Delcan Corporation be hired to complete the Class C Environmental Assessment in response to Request for Proposal RFP06-2013 2) That the Mayor and Clerk be authorized to execute the necessary agreements EXECUTIVE SUMMARY This approval is necessary to execute an agreement with Delcan Corporation to undertake Portage Road Realignment - Municipal Class C Environmental Assessment. The consulting service will evaluate alternatives and opportunities to address technical, cultural, natural environment, archeological and built heritage components for the Portage Road Realignment. The process will include public outreach via stakeholder, technical agency meetings and Public Information Sessions as well as a council presentation. The project is scheduled to be completed in February 2014. Delcan's proposal at $144,955 was not the lowest, however provided the most comprehensive proposal and is within the $150,000 budget allocated for the project. BACKGROUND: The 2011 Sustainable Transportation Master Plan identified a need for infrastructure improvements to address erosion issues on the steep embankment where the existing Portage Road alignment is located between Marineland Parkway and Fallsview Boulevard. In addition to the erosion, the existing Portage Road 'road geometrics' are not desirable given the grade, curve, lane widths and the lack of adequate pedestrian and active transportation facilities. To address the above a Request for Proposal was issued for a consultant to complete a Municipal Class C Environmental Assessment to investigate alternative solutions and opportunities. In response to the Portage Road Realignment Request for Proposal RFP06- 2013 six (6) consultants submitted proposals. July 9, 2013 -2- TS-2013-32 A summary of the proposal costs are as follows: Consultant Cost (exc.tax) McCormick Rankin Mississauga $ 116,000 Associated Engineering St. Catharines 125,573 Delcan Corporation Niagara Falls 144,955 AMEC Burlington 159,531 CIMA Burlington 187,378 AECOM St. Catharines 227,088 The proposals were evaluated by a committee consisting of Municipal Works and Transportation staff. The proposals were based on the following criteria: • Technical Expertise and Resources 10% • Team Strength and Leadership 15% • Similar Project Experience 10% • Past Performance Record 10% • Project Understanding 10% • Methodology - Work Plan 20% • Local Expertise Factor 5% • Quality Assurance Program 5% • Cost Factor 15% Delcan's submitted cost as shown is not low bid. However, by deducting the costs for the specialized experts, a necessary component to the success of the project, their bid would represent the median bid. The expense for the additional expertise as provided by Delcan is also reflected in additional person-hours expended by the project team. Thus,taking this information into account, Delcan is financially competitive. Delcan has previously completed Environmental Assessments and complex Transportation Planning projects within Niagara Falls, the Niagara Region and throughout Ontario. They have a broad knowledge of overlapping issues within the municipality that is considered to be valuable. Thus, the rating committee is of the opinion that Delcan is fully capable of undertaking this project. ANALYSIS/RATIONALE It is necessary to complete a Municipal Class C Environmental Assessment to obtain the preferred future alignment for Portage Road between Fallsview Boulevard and Marineland Parkway taking into account physical constraints and stakeholder input. The preferred plan will address future needs based on vehicle volumes, pedestrian and active transportation, topography, CP rail requirements, nearby property owners and connectivity to the tourist area. July 9, 2013 -3- TS-2013-32 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the project, termed Livingston Connection EA, was approved in the 2012 Capital Budget at an expenditure of $150,000. CITY'S STRATEGIC COMMITMENT This initiative is consistent with Council's Strategic Priorities to improve infrastructure sustainability and to create a healthy and safe community, in addition to providing convenient, accessible and sustainable transportation within the community. LIST OF ATTACHMENTS Project Study Area Map Recommended by: — Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer M. Carrick S.\General Administration\GA 1.01 Reports\2013 Council\7 Jul 9\TS-2013-32 Portage Road Re-alignment Request for Proposal.wpd -)A?sj T •;. T� l t tc 'Z v ' F'^ • . ' a� I. . 4, • om � .. 1 •• . — r _..•.• ...,• ' ae F+:• CYT i MP - ,- /\( i • ff `` ••c01:143( cc y -- "' ,} j l Sri.ir A.• _M•irrlvttaf - . _ 1. i ! -lam ����+ t.p. �� - - - 1 , , t. la\ 14.` s __ . ''• r /tee I.i c• a• - z m N 0 r c O z N I� � � 11 LOtai rI CITY OF. CANADA NIAGARA WAS The City of Niagara Falls, Ontario Resolution No. :Moved by Seconded by WHEREAS the Apprenticeship Training Tax Credit(ATTC) Program was introduced in 2004 to encourage Ontario businesses to hire and train apprentices in the skilled trades and to support the availability of skilled workers in key sectors in the economy; and WHEREAS proposed changes to the ATTC program outlined in the Provincial budget will see Information Technology - Contact Centre apprenticeships for Technical Support Agent. Inside Sales Agent and Customer Care Agent categories eliminated: and WHEREAS the ATTC program has proven especially valuable for funding support and training to call centres in our community, such as Aditya Birla Minacs. which provides tech support for Apple products; and WHEREAS Aditya Birla Minacs employs approximately 700 associates: and WHEREAS many local hotel operations also have call centre operations. THEREFORE BE IT RESOLVED that Niagara Falls City Council urge the Provincial Government to restore the proposed cuts to the Apprenticeship Training Tax Credit(ATTC) Program: and FURTHER BE IT RESOLVED that a copy of this resolution be sent to Premier Kathleen Wynne. the Honourable Charles Sousa. Minister of Finance and the local member of provincial parliament. Kim Craitor. AND The Seal of the Corporation be hereto affixed. DEAN [ORFIDA JAMES M. DIODATI CITY CLERK MAYOR co a fn CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of an Agreement with 2095527 Ontario Limited, carrying on business as Fallsview Group, respecting the landscaping, maintenance and use of a portion of the former CP Rail lands owned by the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between 2095527 Ontario Limited, carrying on business as Fallsview Group, as Developer, and The Corporation of the City of Niagara Falls as City, respecting the landscaping, maintenance and use of a portion of the City owned former CP Rail lands, by the abutting property owner, 2095527 Ontario Limited, carrying on business as Fallsview Group, 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 thirteenth day of August, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013 Second Reading: August 13, 2013 Third Reading: August 13, 2013 THIS AGREEMENT made this 13th day of August, 2013. BETWEEN: 2095527 ONTARIO LIMITED, carrying on business as FALLSVIEW GROUP Hereinafter called the "Developer" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" of the SECOND PART. WHEREAS the City is the owner of the lands described in Schedule "A" (hereinafter referred to as the "City lands"); AND WHEREAS the Developer is the owner of lands adjacent to the City lands which will benefit from the beautification and improvement of the City lands; AND WHEREAS the Developer is desirous of designing and constructing, at its sole cost and expense, an access and service route with associated landscaping features and plantings (hereinafter referred to as"the Works"), upon the City lands in accordance with the plans and specifications attached hereto as Schedule "B"; AND WHEREAS the Developer acknowledges that the Works are to remain in place solely at the will and pleasure of the City, and agrees to remove the Works, at its sole cost and expense,forthwith upon the request of the City,and to return the City lands to substantially the same condition at the termination of this Agreement as they were at the commencement of this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained and other valuable consideration,and subject to the terms and conditions hereinafter set forth, the parties agree as follows: Developers Obligations to Construct the Works 1. The Developer shall, at its sole cost and expense: - 2 - (a) obtain all necessary approvals, permits, licenses and certificates; and (b) construct all improvements as set out in the plans and specifications attached hereto as Schedule "B" (hereinafter referred to as the "Works"). 2. The Developer shall be required: (a) to commence construction of the Works within thirty (30) days of receipt of written notice to commence from the City; and (b) to complete construction of the Works within ninety (90) days of receipt of written notice to commence from the City, unless otherwise agreed upon in writing by the parties. 3. The Developer shall pay all costs associated with any minor modifications, relocations or removal of existing City-owned infrastructure related to the construction of the Works. Continued Existence of the Works 4. The Developer covenants and agrees that the Works are to remain in place solely at the will and pleasure of the City, and agrees to remove the Works, at its sole cost and expense, forthwith upon the written request of the City, and in no case more than sixty (60) days after the receipt of the said written request. 5. The Developer further covenants and agrees to return the City lands to substantially the same condition at the termination of this Agreement as they existed at the commencement of this Agreement. Developers Obligations to Maintain the Works 6. At all times during the currency of this Agreement, the Developer shall, at its sole cost and expense: (a) maintain the appearance of the City lands, and the equipment, fixtures and chattels thereon, in a neat, clean and well-kept manner appropriate to the condition of land in the area; (b) maintain all "green" surfaces, plantings and vegetation upon the City lands in a neat, clean and well-kept manner appropriate to the condition of land in the area; and (c) ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the City lands. - 3 - City's Obligations to Maintain the Works 7. At all times during the currency of this Agreement,the City shall, at its sole cost and expense, maintain all "hard" surfaces upon the City lands in a neat, clean and well-kept manner, and repair same on written notice from the Developer. Condition of the City Lands 8. The Developer hereby accepts the City lands in their condition as of the date hereof, and shall not call upon the City to do or pay for any work or supply any equipment to make the City lands more suitable for the construction of the Works by the Developer hereunder. Inspection 9. The City shall employ the services of an Inspector during the entire construction period. The Developer shall co-operate with the Inspector and provide any information requested by the Inspector relating to the Works. It will be the duty of the Inspector to be present during all phases of the work, unless specifically instructed otherwise, and to inspect the work for its conformity with the plans and specifications set out in Schedule "B". 10. Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Developer, and which has been rejected by the Inspector as failing to conform to the plans and specifications in Schedule"B", shall be removed promptly from the City lands by the Developer and replaced or re-executed promptly. Completion of Contract. Final Inspection and Final Acceptance 11. The Works covered by this Agreement will not be deemed complete by the City until an inspection has been made by the Inspector,or his representative. The Inspector shall be accompanied during the inspection by a competent person supplied by the Developer, at the Developer's expense. Final inspection shall not be made until all the chattels and fixtures set out in the attached Schedule "B" have been installed, and the City lands reinstated and cleaned to the satisfaction of the Inspector. 12. Final acceptance of the Works shall be deemed to occur when the Inspector is satisfied that, to the best of his knowledge,the Developer has rectified all imperfect work and has discharged all of the Developer's obligations under this Agreement. Security for Performance 13. The Developer shall deposit with the City at the time of the execution of this -4 - Agreement, a Letter of Credit approved by the City Treasurer, given by a Class"A" Chartered Canadian Bank, in favour of the City and in a form acceptable to the City Solicitor, in the amount of $84,000.00, being 100% of the estimated cost of the Works as shown in Schedule "B" attached hereto. The said Letter of Credit shall be deposited as security for: (a) completion and maintenance of the Works in conformity with the provisions of this Agreement and the attached Schedule "B"; and (b) performance of any other provisions of this Agreement. 14. In the event of the Developer: (a) failing to construct or maintain the Works to the satisfaction of the Inspector; (b) failing to remedy a default or neglect in the performance of the Agreement within the time specified herein or as requested or directed by the Inspector; or (c) in failing to do any other act, matter or thing required to be done under the provisions of this Agreement, the City Council, through the City Treasurer, is entitled in its discretion, at any time and from time to time, to realize upon the security described, and to employ the same or the proceeds thereof or any part thereof, in doing or completing any or all of the Works or any act, matter or thing required to be done under this Agreement. A copy of any resolution of the City Council authorizing such action to be taken in respect of such security, certified by the City Clerk, is to be mailed forthwith by registered mail, postage prepaid, to the Developer at its last known place of business. 15. The Developer acknowledges that the City shall not be required to reduce or release the security for performance until the City is satisfied that all applicable provisions of this Agreement have been complied with, and may maintain a portion of the security for performance after final acceptance of the Works to ensure the Developer maintains the City lands in accordance with the provisions of this Agreement. Construction Lien Act 16. The Developer shall comply with all provisions of the Construction Lien Act, R.S.O. 1990 c. C.30, as amended from time to time (herein called the "Act"), and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. - 5 - 17. The Developer shall, at its own expense, within ten (10) days of receiving written notice from the City to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Act which affect the City lands, including public highways, and which arise out of the performance of this Agreement by the Developer and its servants, employees, agents and contractors. 18. The Developer shall indemnify and hold harmless the City from all losses,damages, expenses, actions, causes of action, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of any failure, neglect or refusal by the Developer to comply with the Act, or by reason of any action brought against the City pursuant to the Act and arising out of the performance of this Agreement by the Developer, its servants, employees, agents and contractors. 19. The City Treasurer may, at any time, authorize the use of all or part of the security for performance referred to in this Agreement: (a) to pay, discharge, vacate and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered pursuant to the Act which affect the City lands, including public highways, in the event the Developer defaults in the performance of its obligations under this Agreement; and (b) to pay to the City any amounts owing to it pursuant to this Agreement. Liability of Developer and Indemnification of City 20. The City shall not responsible or liable in any way, (a) for any loss or damage that may happen to the Works, or to any part or parts thereof; (b) for any of the materials or other things used or employed in finishing and completing the Works, or any part or parts thereof; (c) for any injury to any person or persons, including workmen and the public, during the construction of the Works, or the maintenance thereof by the Developer pursuant to the provisions of this Agreement; (d) for damage caused by the storage, handling or use of explosives in conjunction with the Works; (e) for damage to any roadway, pavement,sidewalk or other property of the City during the construction of the Works, or the maintenance thereof by the Developer pursuant to the provisions of this Agreement; -6 - (t) for damage to the property of any person during the construction of the Works, or the maintenance thereof by the Developer pursuant to the provisions of this Agreement; (g) for damage caused by the construction or operation of the Works; or (h) for any loss or damage caused by the disposal or escape of surface water from the City lands, and the Developer agrees to indemnify and save harmless the City, its employees, servants and agents from any claim, suit, demand, action, causes of action and costs arising either directly or indirectly as a consequence of the foregoing, or for any other act, failure to act, matter or thing arising either directly or indirectly under the provisions of this Agreement. 21. Notwithstanding any provisions of this Agreement, the City is not liable for, and no provision of this Agreement is to be construed as imposing upon the City any liability in respect of any matter or thing arising directly or indirectly out of the provisions of this Agreement, for any damage to the Developer, or to any other person, or to any property of the Developer or of any other person by reason of: (a) any inspection carried out by the City or a duly authorized employee or agent of the City under any by-law of the City or otherwise; (b) the failure of the City or any duly authorized employee or agent of the City to carry out any inspection under any by-law of the City or otherwise; or (c) the approval or disapproval of any matter or thing,arising directly or indirectly out of the provisions of this Agreement, by the City or any duly authorized employee, servant or agent of the City, and in this connection the Developer agrees to indemnify and forever save harmless the City and its employees, servants and agents from any claim, suit, demand, action, causes of action and costs arising either directly or indirectly as a consequence of the preceding provisions of this paragraph. 22. Until final acceptance by the City of all the Works required by this Agreement, the Developer shall indemnify the City against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of the Developer, its agents, employees or contractors doing, failing to do, or doing incorrectly or negligently anything it is required to do by the terms of this Agreement. The Developer shall take all reasonable precautions necessary to protect the public against injury upon the City lands, and when necessary keep out danger signals at night and at such other times and places as public safety may require. 7 Liability Insurance 23. The Developer shall obtain from an insurance company acceptable to the City, insurance coverage in respect of liability for property damage and personal injury. Such policy or policies shall: (a) be issued in the joint names of the Developer and the City (or include the City as an additional insured); (b) provide insurance coverage in respect of any one accident or occurrence in the amount of at least Five Million ($5,000,000.00) Dollars, exclusive of interest and costs; (c) be effective until final acceptance of the Works by the City as set out in this Agreement; (d) contain no exclusions for damage or loss from blasting or from any other work that may be associated with the development and construction of the Works; and (e) contain a provision that the policy or policies will not be changed, cancelled or allowed to lapse, without at least thirty(30) days prior written notice being given to the City. 24. Prior to the coming into force of this Agreement,the Developer shall deposit with the City a certificate of insurance, in a form acceptable to the City Solicitor, certifying that insurance as required by the preceding clause has been obtained and is in force. The Developer shall provide to the satisfaction of the City that all premiums on such policy or policies have been paid and that the insurance is in full force and effect. The Developer shall file a renewal certificate with the City not later than one (1)month before the expiry date of any policy provided pursuant to this Agreement, until the City has indicated in writing that the policy need not continue in force any longer. In the event that such renewal certificate is not received, the City shall be entitled to either renew the policy at the expense of the Developer or to order that all work on the City lands cease until the policy is renewed. The issuance of such a policy of insurance shall not be construed as relieving the Developer from the responsibility for other or larger claims, if any,for which it may be held responsible. Expense to by Paid by Developer 25. Every provision of this Agreement by which the Developer is obligated in any way is to be deemed to include the words"at the expense of the Developer" unless any such provision expressly provides to the contrary. - 8 - Amendment of Agreement 26. If at any time during the continuance of this Agreement the parties shall deem it necessary or expedient to make any alteration, addition or amendment, they may do so by means of a written agreement between them,which shall be supplemental to and form part of this Agreement. Gender 27. 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 thereby rendered necessary have been made and all covenants hereto contained shall be construed to be several as well as joint. No Assignment Without Consent 28. The parties agree that no party may assign their respective rights or obligations under the terms of this Agreement without the prior written consent of all other parties, which consent may be withheld without reason. Governing Law 29. This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario. Heirs. Successors and Assigns 30. This Agreement and all items contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective heirs,executors,administrators, successors and permitted assigns and successors in title. Notice 31. Any notice to be given pursuant to this Agreement may be delivered or sent by prepaid first class mail, or facsimile transmission to the parties as follows: The Developer: 2095527 Ontario Limited c!o/b as Fallsview Group 6700 Fallsview Boulevard Niagara Falls, ON L2G 3W6 - 9 - Attention: Carmen Menechella, President Telephone: (905) 374-5140 Fax: (905) 358-5738 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 Municipal Works Telephone: (905) 356-7521 ext. 4219 Fax: (289) 296-0048 Any such notice, if mailed, shall be 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, provided it is sent before 4:30 p.m. Non-Waiver Of Breach 32. Any condoning, excusing or overlooking by any party of any default, breach or non-observance by any other at any time or times in respect of any covenant, agreement or condition herein contained shall not affect in any way that party's rights in respect of any subsequent default, breach or non-observance. Dispute Resolution 33. Any dispute between the parties either with respect to the interpretation of any provision of this Agreement, or with respect to any other matter which is specified in this Agreement will be resolved as specified in this section: (a) Upon the written request of either party, the parties' respective coordinators (the "Coordinators") will meet for the purpose of attempting to resolve the dispute. For these purposes, the Coordinators shall be defined as the Director of Municipal Works for the City, and the President of the Developer. The Coordinators will discuss the problem and negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto; and (b) If the dispute cannot be resolved in accordance with the preceding subsection, the parties agree to submit such dispute to final and binding arbitration in accordance with the Arbitration Act, 1991, S.O. 1991 c.17. - 10 - Disclaimer of Partnership 34. The parties hereto disclaim any intention to create a partnership between them or to constitute any of them the agent of the other or to create any fiduciary relationship between themselves. Nothing in this Agreement shall constitute the parties being construed as partners or agents of one another, nor, except as may be expressly provided in this Agreement, constitute any of them the agent of the other party. Entire Contract 35. There are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Agreement except as expressly set out in this Agreement and the Schedules attached hereto. This Agreement may not be modified except by an agreement in writing executed by the parties hereto. Severability 36. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and be binding upon the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. 2095527 ONTARIO LIMITED carrying on business as FALLSVIEW GROUP Per Carmen Menechella, President I have authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk SCHEDULE "A" Part 9 on Plan 59R-3409 of the Land Registry Office of the Land Registry Division of Niagara South (No. 59). SCHEDULE "B" � - ' \ / -- _ - '/ r^ - --� � - \' `�` ' : /y , � r ^^ ```� | �\ / N I/N LIVINGSTON MEET 1 *I rScale 1 51/0 til PORTAGE ROAD LANDSCAPING CONCEPT All Tenderers are to note that the Supplementary Special Provisions have underwent a revision as of March 2013.The City will not be responsible for any bidder not being aware of the changes from previous tender documents. All tender prices bid should be reflective of the requirements and provisions as detailed In the Supplementary Special Provisions. SCHEDULE OF QUANTITIES AND UNIT PRICES CONTRACT(INSERT II) CP RAIL CORRIDOR AT PORTAGE ROAD-LANDSCAPE IMPROVEMENTS(WITH GRAVEL ACCESS) ITEM SPEC ESTIMATED UNIT TOTAL NO. NO. DESCRIPTION QUANTITY UNIT. PRICE PRICE 1 SECTION'A'-GENERAL IA4 A4 Construction layout and record information- SSP a)layout 1 L.S. $150.00 $150.00 c)record survey and drawings 1 L.S. $150.00 $150.00 AS AS (Clearing and grubbing IIc)Remove existing brush,shrubs 8 vegetation 50 m2 48.00 $300.00 1,48 AS Construction signs,traffic control and traffic SSP management plan 1 L.S. $150.00. $150.00 IA9 A9 Conuhgeney 1 L.S. $5,000.00 $5,000.00 SSP i TOTAL SECTION'A'-GENERAL $5,750.00 SECTION''-ROADS 83 93 Granular material- I SSP a)Granular'A'for all infrastructure,pipe bedding,cover, bacldill,road base,sidewalks,driveways and restoration purposes 155 t $19.00 $2,945.00 b)Grading of Existing Granular Railway Base Hotel Access 1124 m2 $2.50 $2810.00 OPG Access 310 m2 $250 $775.00 c)Limestone Screening(25 mm thick) Hotel Access 0 t $0.00 $0.00 OPG Access 0 t $0.00 $0.00 822 B22 SSP Boulevard grading and hydraulic mulching and seeding- a)grading,seeding and hydraulic mulch 2020 m2 $1.50 -53.030:00 b)supply and placement of 100mm topsoil 2020 m2 $2.50 $5,050.00 827 827 Removal of existing items- d}concrete walls,foundations and footings 2.1 m3 $500.00 $1.050.00 1 Concrete 24 m2 $80.00 $1,920.00 IIf 'TOTAL I $17,580.00 FT 4-Rev.12,2011-03 SCHEDULE OF QUANTITIES AND UNIT PRICES CONTRACT(INSERT It) CP RAIL CORRIDOR AT PORTAGE ROAD-LANDSCAPE IMPROVEMENTS(WITH GRAVEL ACCESS) ITEM SPEC I ESTIMATED - UNIT TOTAL NO. NO. DESCRIPTION QUANTITY UNIT PRICE PRICE SECTION r-LANDSCAPE.($upplv.and Insist') El El Trees a)Amur Maple(45mm cal) 6 Each $250.00 $1,500.00 b)Allegheny Serviceberry(45mm cal) 6 Each $250.00 $1,500.00 E2 E2 Shrubs a)Dictamnus albus-Burning Bush(lgallon) 16 Each $75.00 $1,200.00 b)Dianthus x allwoodii'Alpinus' 16 Each $75.00 $1200.00 E3 E3 Armourstone 20 Each $25t00 $5.000.00 E4 E4 Turfstone a)Hotel Access 0 m2 $0.00 $0.00 b)OPG Access 0 m2 $0.00 $0.00 TOTAL SECTION'E'•LANDSCAPE(Supply and Install) $10,400.00 SUB•TOTALS Section A $5,750.00 General Section B -. $17,580.00 Roads Section E j $10.400001 Landscape 1 GRAND TOTAL(+HST) $33.730•oo( ( FT 5-Rev.12,2011-03 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of a Licence Amending Agreement with Ontario Power Generation Inc., respecting the use of its land for public recreation, motor vehicle parking and to operate a boat ramp. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Amending Agreement made between Ontario Power Generation Inc. and The Corporation of the City of Niagara Falls, respecting the use of part of Lot 22, Concession 3, former Township of Willoughby Corporation Plan 251; City of Niagara Falls, Region of Niagara, for public recreation, motor vehicle parking and to operate a boat ramp, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Amending Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Amending Agreement. Passed this thirteenth day of August, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013. Second Reading: August 13, 2013. Third Reading: August 13, 2013. LICENCE AMENDING AGREEMENT ct THIS LICENCE AMENDING AGREEMENT made as of the 26th day of June.2013 W BETWEEN: ONTARIO POWER GENERATION ENC., a corporation existing under the laws of Ontario Q (hereinafter referred to as"OPG") -and- i THE CORPORATION OF THE CITY OF NIAGARA FALLS, f 1 a corporation existing under the laws of Ontario �J (hereinafter referred to as"the City') /J) RECITALS: A. By a licence dated August 1, 2007 (the "Licence"), OPG granted permission to the City to use the Lands located at Part of Lot 22, Concession 3, geographic Township of Willoughby, now part of Corp.Plan 251,City of Niagara Falls,in the Region of Niagara, for the purpose of public recreation,and to operate a boat ramp and motor vehicle parking lot for a Term of five (5) years to be computed from January I, 2007 (the "Commencement Date")and expiring on December 31,2012(the"Expiration Date"); B. OPG and the City have agreed to extend the Licence as set out in this Licence Amending Agreement. NOW THEREFORE in consideration of the mutual covenants contained herein, the parties hereby covenant and agree as follows: I. The Term of the Licence is extended for a second five (5) year period commencing on January 1, 2013 and expiring on December 31, 2017 (the "Extension Term") unless terminated at an earlier date in accordance with the terms of the Licence. 2. The Licence will have two additional Extension Terms of five (5) years each which will renew automatically provided neither party provides written notice to the other requesting termination of the agreement six(6)months in advance of the then current Expiry Date. 1 3. The Use of the Lands under the Licence for the purposes of public recreation is extended to include the installation of a children's playground and public restroom services, provided the City acquire the approval of OPG prior to installation,and the approval of all applicable federal.provincial,and municipal bodies,or that of any agency having jurisdiction over any proposed use of the Lands. 4. OPG and the City confirm that except as modified by this Licence Amending Agreement, the terms. covenants and conditions of the Licence remain unchanged, unmodified and in full force and effect. IN WITNESS WHEREOF the parties have executed this Licence Amending Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS By: Name: Title: I have the authority to bind the Corporation. By: Name: Title: I have the authority to bind the Corporation. ONTARIO POWER GENERATION INC. By: Name: Talitha Laurenson Title: Real Estate Consultant I have the authority to bind the Corporation. Page 2 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to provide for the adoption of Amendment No. 111 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board (AM-2010-008). 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 and map constituting Amendment No. 111 to the City of Niagara Falls Official Plan is hereby adopted. Passed this thirteenth day of August, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013 Second Reading: August 13, 2013 Third Reading: August 13, 2013 OFFICIAL PLAN AMENDMENT NO. 111 PART 1 - PREAMBLE 1.1 TITLE This Amendment when adopted by Council shall be known as Amendment Number 111 to the Official Plan of the City of Niagara Falls. 1.2 COMPONENTS The proposed amendment consists of two parts. "PART 1 -THE PREAMBLE"does not constitute part of the actual amendment and is supplied to provide background information to the reader. "PART 2 -THE AMENDMENT" shall serve as the actual and official text body of the amendment and is accompanied by "Schedule A" mapping that identifies the lands subject of the amendment. 1.3 PURPOSE The subject lands are currently designated as "Industrial" in the Official Plan for the City of Niagara Falls. The purpose of the Amendment is to redesignate the lands to "Residential"to permit a redevelopment mix of street townhouse, semi-detached and/or single detached dwellings along the frontage of Cropp Street and Pettit Avenue with low to mid-rise apartment dwellings on lands behind and adjacent to the CNR lands. An amendment to the City of Niagara Falls Official Plan is required in order to achieve residential permissions for these lands. 1.4 LOCATION The subject lands are described and located at: Lots 1 to 25 & Part of Block 'H' Registered Plan 108, Township of Stamford, now in the City of Niagara Falls, Regional Municipality of Niagara. The site comprises of 4.22 hectares (10.45 acres) and is known as 4825 Pettit Avenue. The subject lands are illustrated on Schedule 'A' attached hereto. 1.5 BASIS OF THE AMENDMENT The basis of the Amendment is to permit conversion of idle industrial lands for the redevelopment of the site with increased residential densities through a mix of street townhouses, semi-detached and/or single detached dwellings on the existing road frontage and low to mid-rise residential apartment dwellings for the remaining lands. The site has not been in operation as a manufacturing/processing facility for a number of years with no existing plans for re-establishing light industrial uses at this location. It is now a vacant"brownfield" property. The site is also predominantly bounded by a low density residential neighbourhood interface and is considered to be orphaned industrial land in context with the land uses and physical constraints of its immediate surroundings. Conversion of the site to residential will permit the rounding out of the existing residential neighbourhood. Recently completed Growth Management Strategies of the Region of Niagara and the City of Niagara Falls have identified the projected population and housing requirements for the planning period extending to 2031. As part of its background study work the City of Niagara Falls commissioned a Comprehensive Municipal Review that concluded industrial land conversions for residential use will be required to meet the population projections of the planning period. Responding to this, identified needs have prompted the application for Official Plan Amendment in meeting with the future Provincial, Regional and Local projections. S:\OFFICIAL.PLN\AMEND\#111 -Paletta International(1990) Inc\PREAMBLE_111.wpd PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2- BODY OF THE AMENDMENT, consisting of the explanatory text and attached map, designated Map 1, and attached hereto, constitute Amendment No. 111 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. MAP CHANGE Schedule "A" to the Official Plan - Future Land Use, is hereby amended by redesignating the lands identified on Map 1 attached hereto, and forming part of the amendment, from Industrial to Residential and identified as Special Policy Area "66". 2. TEXT CHANGE PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 13.66 SPECIAL POLICY AREA "66" Special Policy Area"66"applies to 4.22 hectares(10.45 acres)of land on the northwest corner of Pettit Avenue and Cropp Street. These lands are permitted to redevelop with a mix of residential built form including single detached dwellings, semi detached dwellings and/or street townhouse dwellings and low to mid-rise apartment dwellings. 13.66.1 Notwithstanding the density provisions of Part 2, Section 1, policies 1.7.1 and 1.7.2, single detached, semi-detached, street townhouse dwellings or a combination thereof may be permitted to develop with a net density between 34 and 61 units per hectare. Net density in this instance recognizes the units will access existing public right of ways that have not been included as part of the density calculation. 13.66.2 Notwithstanding the density provisions of Section 1.7.4, multiple 4 to 6 storey apartment dwellings may establish on the site up to a maximum density of 128 units per hectare. Net density for this calculation includes lands subject of the CNR 30 metre building setback and excludes lands fronting Pettit Avenue and Cropp Street that are identified in 13.66.1. 13.66.3 The implementing By-law shall contain appropriate regulations respecting setback and separation of built form on the same lot. 13.66.4 In order to ensure that the lands can be developed for residential purposes, a Record of Site Condition must be filed with the Ministry of the Environment demonstrating compliance for the intended uses. 13.66.5 The owner, builder or developer shall provide a Record of Site Condition and Noise Attenuation Report to the City's satisfaction at the Site Plan Application stage to ensure compliance with the Ministry of Environment guidelines for residential use of the site. 13.66.6 Reduced parking standards may be considered for the apartment dwellings because the redevelopment is supported by transit facilities along Morrison Street and Dorchester Road and due to the proximity of the site to major commercial shopping facilities. Underground parking will be provided as part of the total requirement. 13.66.7 Consents may be permitted for: a) technical or legal purposes; or b) where the municipality is satisfied that the consent will not prejudice the ultimate subdivision of the land. S'.\OFFICIAL.PLN\AMEND\#111 -Palette International(1990) Inc\BODY.wpd MAP 1 TO AMENDMENT NO. 111 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change To From: Industrial Proposed Change To: Residential and Special Policy Area 66 till as Nis al OWNMINIM Ma 0 MI MIMI o ■■a■ IS 111111►�ii IrIll V-• as isiosmm MORRISON ST 11"I I sa eU� 11111111111' ', �Illll�iii������R��� ■1. • 1 IOW 7 CROPP�IIIIIIIIIIIIIIIni iumm♦m= Ma II111111111= WSW O���%4� �� EIFFERST _ ill !I?1111111= == e 11111111- =111 NO p ST N■ MI■ N■ ``NM MIS NM a SI= se -. a ```A CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN (♦ ENVIRONMENTAL PROTECTION AREA Min OPEN SPACE N EXTRACTIVE INDUSTRIAL I I PARKWAY RESIDENTIAL I I GOOD GENERAL AGRICULTURE I I RESIDENTIAL INDUSTRIAL RESORT COMMERCIAL MAJOR COMMERCIAL (♦ RURAL/AGRICULTURAL S MINOR COMMERCIAL THEME PARK MARINELAND I I NIAGARA ESCARPMENT PLAN AREA l- j TOURIST COMMERCIAL I:NTS AM-2010-008 NOTE:This schedule forms part of Amendment No III to the Official Plan fur the City of Niagara Falls and it must be read in conjunction with the written text. July 2013 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to amend By-law No. 79-200, in accordance with an Order issued by the Ontario Municipal Board dated June 26, 2013, to regulate street townhouses, semi-detached and single detached dwellings with frontage on Cropp Street and Pettit Avenue and multiple apartment dwellings with frontage and access from same, subject to specific regulations as set out herein (AM-2010-008). 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 Lands shall be identified as two parcels, known as Parcels R3-989 and R5D-990. 3. 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. 4. 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. 5. The permitted uses shall be: (a) For Parcel R3-989, the uses permitted in a R3 zone (b) For Parcel R5D-990, the uses permitted in the R5D zone, and a retirement home 6. The regulations governing the permitted uses on Parcel R3-988 shall be: A. Residential Mixed Zone (R3 Zone) for Street Townhouses (a) Minimum lot area 150 square metres per dwelling unit (b) Minimum lot frontage 5.48 metres per dwelling unit (c) Minimum front yard depth 6 metres to garage 4.5 metres to a main wall (d) Minimum rear yard depth 7.5 metres -2- (e) Minimum interior side yard 1.2 metres to any lot or block line width 2.5 metre separation between any two end walls (f) Minimum exterior side yard 4.5 metres to any lot or block line width 3.0 metres to any private road (back of curb) (g) Maximum lot coverage 55% (h) Maximum height of building 10 metres or structure (I) Maximum number of 9 dwelling units per block Q) Minimum parking 2 tandem spaces per dwelling unit (k) Minimum driveway width 55% of frontage (I) Accessory buildings and In accordance with Sections 4.13 and 4.14 accessory structures of By-law No. 79-200 B. Residential R3 Zone for Semi-Detached (a) Minimum lot area 450 square metres per semi dwelling lot(2 units) (b) Minimum lot frontage 16.5 metres per semi dwelling lot (2 units) (c) Minimum front yard depth 6.0 metres to garage 4.5 metres to main wall (d) Minimum rear yard depth 7.5 metres (e) Minimum interior side yard 1.2 metres to any lot or block line width 0.0 metres for any units sharing a vertical common wall (f) Minimum exterior side yard 4.5 metres to any lot or block line width 3.0 metres to any private road (back of curb) (g) Maximum lot coverage 55% -3- (h) Maximum height of building 10 metres or structure (i) Minimum parking per 2 spaces inclusive of attached garage dwelling (1 unit) (j) Accessory buildings and In accordance with Sections 4.13 and 4.14 accessory structures of By-law No. 79-200 C. Residential R3 Zone for Single Detached (a) Minimum lot area 270 square metres (b) Minimum lot frontage Interior lot 10.0 metres Corner lot 13.0 metres (c) Minimum front yard depth 6.0 metres to garage 4.5 metres to main wall (d) Minimum rear yard depth 7.5 metres (e) Minimum interior side yard 0.6 metres to any lot or block line width 1 .2 metres other (f) Minimum exterior side yard 4.5 metres to any lot or block line width 3.0 metres to any private road (back of curb) (g) Maximum lot coverage 50% (h) Maximum height of building 10 metres or structure (i) Minimum parking per 2 spaces inclusive of attached garage dwelling (1 unit) 0) Accessory buildings and In accordance with Sections 4.13 and 4A4 accessory structures of By-law No. 79-200 7. The regulations governing the permitted uses on Parcel R5D-990 shall be: (a) Minimum lot frontage 12 metres (b) Minimum front yard depth 7.5 metres -4- (c) Minimum rear side yard 7.0 metres width (d) Minimum interior side yard 30 metres from Rail Right of Way width 7.0 metres from any other property line 12 metre separation between any two apartment dwellings (e) Minimum exterior side yard 7.5 metres width (f) Maximum lot coverage 30% (g) Maximum height of building 22 metres to a maximum of 6 storeys or structure within an area measured from 30 metres to 74 metres from the north lot line (h) Maximum height of a 12 metres to a maximum of 4 storeys building or structure within the area measured beyond 74 metres from the north lot line (i) Maximum number of 5 apartment dwellings 0) Minimum parking per 1.17 spaces per unit dwelling (k) Accessory buildings and In accordance with Sections 4.13 and 4.14 accessory structures of By-law No. 79-200 (I) Minimum landscaped open 45% space For the purposes of this By-law, the lot frontage for the Parcel R5D-990 is deemed to be the frontage of Cropp Street. 8. 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. 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. -5- 11. The provisions of this By-law shall be shown on Sheets C3and C4 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from LI to R3 and numbered 989, in part, and R5D and numbered 990, in part. 12. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.989 Refer to By-law No. 2013- 20.1.990 Refer to By-law No. 2013- Passed this thirteenth day of August, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013 Second Reading: August 13, 2013 Third Reading: August 13, 2013 S.\ZONING\AMS\2010\By-laws\Byam008 OMB-DEC.wpd SCHEDULE 1 TO BY-LAW No. 2013- Subject Land ® Area of Permitted Six Storey Apartments ® Area of Permitted Four Storey Apartments aii ..--- rp MORRISON ST %\ BURDEITE DR , . /\ 1111 ■ RSD 990 , ■ A > a ,iiifiiiiiiii/`iiiiii/- y 989 ,% R3198 9\\ ■ `\\Rs ��"\ _� CROW ST CROPP ST ,' _, I 1 II * I � � � � � IIi1 , I , > , ii � i ill i II I >i I . \ 1 i \ gjilleds ND 1 I i 1 Z all i ', � ' i i 1 � 4 Amending Zoning By-law No. 79-200 Description: Lots 1 to 25 (Both Inclusive) & Part of Block 'H', Registered Plan 108, In The Township Of Stamford, Now In The City Of Niagara Falls, Regional Municipality Of Niagara Applicant: Paletta International (1990) Inc. Assessment #: 272505000417300 AM-2010-008 July 2013 K:\GIS_Requests\ 010\Schedule\ZoningAM\AM-013 Zoning.map 2 \ CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to amend By-law No. 79-200, to guide the development of the Windylane Plan of Subdivision on the Lands (AM-2013-006). 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 Lands shall be identified as two parcels, known as Parcels R1E-987 and R3- 988. 3. 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. 4. 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. 5. The permitted uses shall be: (a) For Parcel R1E-987, the uses permitted in a R1E zone (b) For Parcel R3-988 (i) an on street townhouse dwelling (ii) accessory buildings and accessory structures, subject to the provisions of section 4.13 and 4.14 of By-law No. 79-200 6. The regulations governing the permitted uses on Parcel R1E-987 shall be: (a) Maximum height of building 10.5 metres subject to section 4.7 or structure of By-law No. 79-200 (b) The balance of regulations specified for an R1E use 7. The regulations governing the permitted uses on Parcel R3-988 shall be: (a) Minimum lot area 180 square metres for each dwelling unit (b) Minimum lot frontage 6 metres for each dwelling unit -2- (c) Minimum front yard depth (i) for any part of the 4.5 metres dwelling (ii) for any part of a private 6 metres garage with access from the front lot line (d) Minimum interior side yard 1.5 metres width (e) Minimum exterior side yard 3 metres width (f) Maximum lot coverage 50% (g) Maximum height of building or 10.5 metres subject to section 4.7 structure of By-law No. 79-200 (h) Minimum number of parking 2 parking spaces for each dwelling spaces unit which may be provided in tandem (i) Maximum number of dwelling 8 units in an on street townhouse dwelling 0) The balance of regulations specified for an on street townhouse dwelling in an R3 zone 8. 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. 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The provisions of this By-law shall be shown on Sheet B5 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from R4 and numbered 779 to R1E and numbered 987, in part, and R3 and numbered 988, in part. 12. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.987 Refer to By-law No. 2013- 20.1.988 Refer to By-law No. 2013- -3- 13. None of the provisions of By-law No. 2007-90 shall continue to apply to the Lands. Passed this thirteenth day of August, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013 Second Reading: August 13, 2013 Third Reading: August 13, 2013 U:\By-Laws\2013 By-laws\130813\Byam006.wpd SCHEDULE 1 TO BY-LAW No. 2013- Subject Land i, k Ili �I I 123.1m i •Will $m D� n re LI, c .r. ,,,.z eL 111111 i Pe m z CD tildirtdir A m- 1101 156.1m I FORESTVIEW BV 6.9m nas am i I 1 I 1 i i SEBASTIAN CR 1:NTS i , Amending Zoning By-law No. 79-200 Description: Block 246, Plan 59M366, Niagara Falls Block 247, Pian 59M366, NIagara Falls Applicant: Windylane Development Inc. Assessment #: 272510000629980 272510000629947 AM-2013-006 July 2013 K:\GIS_Requests\2013\Schedule\ZoningAM\AM_06\Zoning.map CITY OF NIAGARA FALLS By-law No. 2013- A by-law to amend By-law No. 2008-224, being a by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In all instances the word "Building" shall be inserted between the words "Planning" and "and" in the term "Director of Planning and Development". 2. In all instances the term "Director of Building and By-law Services" is replaced with the term "Chief Building Official". 3. The following sections are inserted as sections 18.0 and 19.0, respectively, with the remaining sections re-numbered accordingly: (a) 18.0 INSTITUTIONAL SIGNS The regulations governing the institutional signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 7 Institutional Sign Regulations Type of signs permitted ground sign, fascia sign, projecting sign Maximum number of signs permitted 3 Maximum readograph sign area 15% of the sign area Lot frontage Max. sign area O to 15m 2.3 sq. m Maximum sign area 16m to 23m 4.6 sq. m 24mto31m 7.Osq. m >31m 9.3 sq. m Lot frontage Max. height 0 to 15m 2.4m Maximum height of a ground sign 16m to 23m 3.6m 24m to 31m 6.0m >31m 7.5m 1.5 metres from any property line except where a ground sign has less than 1.2 Minimum setbacks for a ground sign metres of ground clearance which shall have a minimum setback of 3.0 metres from a streetline. (b) 19.0 AGRICULTURAL SIGNS The regulations governing the agricultural signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 8 Agricultural Sign Regulations Types of signs permitted ground signs Maximum height 2.0 metres Maximum sign area 3.0 square metres 1.5 metres from any property line except where a ground sign has less than 1.2 Minimum setbacks metres of ground clearance which shall have a minimum setback of 3.0 metres from a streetline 1 4. Section 2.0 is amended by adding the following definitions: (a) "Agricultural land use" means the use of land, buildings or structures for agriculture or agricultural-related uses or land zoned Agriculture in the Zoning By-law. (b) "Agricultural sign" means a sign erected on an agricultural land use. (c) "Construction sign" means a type of temporary sign that provides information about the activity occurring at a construction site. (d) "First party sign" means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are only available at or related to the premises where the sign is located. (e) "Institutional land use" means the use of land, buildings or structures for any use permitted under the Institutional zone or land zoned Institutional in the Zoning By-law. (f) "Institutional sign" means a sign installed on an institutional land use. (g) "New development sign" means a first party sign or third party sign which identifies or provides information relating to or advertising the development or construction of a building or buildings. (h) "Third party sign" means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are not available at or related to the premises where the sign is located. (I) "Wall area" means the total area of an upright or vertical side of a building including any articulations. 5. Section 2 is amended by the following: (a) Adding the words "third party" to the definition "Billboard sign" between the words "outdoor" and "sign". (b) Replacing the definition of "Projecting sign" with the following, after the word "means": "building mounted sign with the sign faces perpendicular to the building fascia, excepting an awning sign and a canopy sign." (c) Deleting the following from the definition "Window sign" after the word "view": "and shall include an interior sign that faces a window exposed to public view and located within 1 metre of a window." 6. Section 3.5.1 is amended by replacing "No permit is required for the following types of signs" with the following: 3.5.1 No sign permit shall be required for the following signs, provided the erection of such sign complies with all other provisions of this by-law and that a valid building permit is issued by the City, where required by the Ontario Building Code, to permit the erection of such sign: (a) Signs to be located on lands that lie within an area that is under the jurisdiction of the Regional Municipality of Niagara, the Niagara Escarpment Commission or the Ministry of Transportation, provided that: (i) a permit has been issued by the agency having jurisdiction; and (ii) a valid building permit has been issued by the City for the following types of signs prior to the commencement of erection of such sign: A. Ground signs exceeding 7.5 metres (24.6 ft.) in height; B. Roof signs exceeding 10 square metres in sign area; and C. Billboard signs; and the remaining clauses renumbered accordingly. 7. Clause 4.3 is amended by deleting the word "unsightly". 8. Section 5.0 is amended by adding the following: 5.4 Notwithstanding Table 1, the following signs are permitted outside of the Sign Districts: (a) institutional signs; (b) agricultural signs; (c) new development signs. 9. Section 7.0 is amended by the following: (a) In clause 7.1.2, replacing the numbers 0.15 with 0.45. (b) Deleting clause 7.1.8 and the remaining clauses renumbered accordingly. (c) Deleting clause 7.3.1 and the remaining clauses renumbered accordingly. 10. Section 12 is amended by adding the following: 12.3 New Development Signs A new development sign shall conform to the following regulations: Table 5 New Development Sign Regulations Maximum height 7.0 metres Maximum sign area For a first party sign - 50 square metres For a third party sign — 30 square metres Minimum setback from a property line 5.0 metres Number of signs per street 1 Sign shall be removed when the City assumes the plan of subdivision or within Duration 60 days of the issuance of an occupancy permit or three years, whichever is the lesser. 1 Passed this thirteenth day of August, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013 Second Reading: August 13, 2013 Third Reading: August 13, 2013 S:ISIGNS120131SBAISBA-2013-0011Run-up to August 13, 2013\AMENDING BY-LAW docx CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario,represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I. An Agreement, in the form attached hereto, authorizing the Mayor and Treasurer to execute a Letter of Agreement between ller Majesty the Queen in right of the Province of Ontario. represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario(the"Province")to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. is hereby approved. Passed this thirteenth day of August, 2013. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: August 13. 2013 Second Reading: August 13. 2013 Third Reading: August 13. 2013 Ministry of Transports des Nylc Transportation Transpports Office of the Minister Bureau du ministre Ferguson Block,3'"Floor Edifice Ferguson,3e etage Ontario 77 Wellesley St.West 77, rue Wellesley ouest Toronto, Ontario Toronto(Ontario) M7A 1Z8 M7A 1ZA (416)327-9200 (416)327-9200 www.mto.gov.on.ca www.mto.gov.on.ca July 8, 2013 His Worship Jim Diodati Mayor City of Niagara Falls PO Box 1023, 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor Diodati, RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of Agreement") This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry maintains a Dedicated Gas Tax Funds for Public Transportation Program (the "Program"), under which two cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the enclosed Dedicated Gas Tax Funds for Public Transportation Program Guidelines and Requirements (the "guidelines and requirements"). .../2 -2- In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the Program in an amount up to $1,127,365 in accordance with, and subject to, the terms set out in this Letter of Agreement, and the guidelines and requirements, with $563,683 payable on receipt of this signed Letter of Agreement and related authorizing municipal by-law, and any remaining payment(s) payable thereafter. 2. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry's discretion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements, including those related to annual appropriations or dedication, as applicable, of funds by the Legislative Assembly of Ontario. 3. If the Municipality receives dedicated gas tax funds on behalf of any other municipality, and the other municipality has agreed to the Municipality collecting the dedicated gas tax funds on its behalf, the Municipality shall provide, upon request and in compliance with the requirements set out in the guidelines and requirements, any applicable municipal by-law and legal agreement between the Municipality and the other municipality providing for such arrangement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality shall deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds only in accordance with the guidelines and requirements. ...13 -3- 5. The Municipality shall adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. 6. The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under the Program, and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the 2012/2013 Program year. 7. The Ministry may terminate this Letter of Agreement at any time, without cause, upon giving at least sixty (60) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement without cause, it may cancel all further dedicated gas tax funds payments. Where the Ministry has terminated this Letter of Agreement under this Section, the Ministry may, after determining the Municipality's reasonable costs to terminate any binding agreement for any eligible public transportation service acquired, or to be acquired, with dedicated gas tax funds provided under this Letter of Agreement, provide the Municipality with additional funding to offset, in whole or in part, such costs. The additional funding may be provided only if there is an appropriation for this purpose, and in no event shall the additional funding result in the total funding under this Letter of Agreement exceeding the amount specified under Section 1. 8. If the Legislature fails to appropriate sufficient funds for the Program, the Ministry may terminate this Letter of Agreement immediately by giving written notice to the Municipality. In such instance, the Ministry may cancel all further dedicated gas tax fund payments. 9. Any provisions, including those in the guidelines and requirements, which by their nature are intended to survive the termination or expiration of this Letter of Agreement, shall survive its termination or expiration. 10. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. .../4 -4- If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to: Ministry of Transportation Division Services and Program Management Office 27th Floor, Suite # 2702 777 Bay Street, Toronto, Ontario M7A 2J8 Once the Ministry has received the signed copies, the last signature of which shall be the effective date of this Letter of Agreement, together with a copy of the authorizing municipal by-law, the Ministry will make arrangements for the payment of the dedicated gas tax funds to the Municipality. Yours sincerely, 0(117 Glen Murray Minister of Transportation I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms. The Corporation of the City of Niagara Falls Per: Date: Mayor Per: Date: Chief Financial Officer/Treasurer CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution ofan Agreement with the Federation of Canadian Municipalities (FCM) and the Regional Municipality of Niagara respecting the Federation of Canadian Municipalities' 2014 Annual Conference and Trade Show. May 30 to June 2, 2014. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I . An Agreement made between the Corporation of the City of Niagara Falls, the Federation of Canadian Municipalities(FCM)and the Regional Municipality ofNiagara respecting the Federation of Canadian Municipalities' 2014 Annual Conference and Trade Show. May 30 to June 2. 2014, as attached hereto, is hereby approved and authorized. 2. The Mayor is 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 thirteenth day of August, 2013 DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013 Second Reading: August 13. 2013 Third Reading: August 13, 2013 AGREEMENT BETWEEN THE FEDERATION OF CANADIAN MUNICIPALITIES (FCM) AND THE REGIONAL MUNICIPALITY OF NIAGARA RELATIVE TO THE FEDERATION OF CANADIAN MUNICIPALITIES' 2014 ANNUAL CONFERENCE AND TRADE SHOW TO BE HELD IN THE CITY OF NIAGARA FALLS FROM MAY 30 TO JUNE 2, 2014 AGREEMENT BETWEEN THE FEDERATION OF CANADIAN MUNICIPALITIES Herein referred to as "FCM"; AND THE REGIONAL MUNICIPALITY OF NIAGARA Herein referred to collectively as the "Host Municipality" FCM and the Host Municipality hereafter collectively called "the Parties". THE PARTIES, before concluding the Agreement in this document, declare the following: WHEREAS FCM and the Host Municipality agree to work together in order to hold FCM's 2014 Annual Conference and Trade Show from May 30 to June 2 2014, in Niagara Falls, ON; WHEREAS each of the Parties must assume certain financial and operational responsibilities; and WHEREAS it is necessary to determine the terms and conditions of this Agreement; THIS BEING STATED, the Parties agree to the following: 1. OBJECTIVE The objective of this Agreement is to determine the terms and conditions for FCM and the Regional Municipality of Niagara in order to hold FCM's 2014 Annual Conference and Trade Show from May 30 to June 2, 2014, in Niagara Falls, ON (herein referred to as the Conference"). 2. DURATION AND EFFECTIVE DATE OF THE AGREEMENT This Agreement comes into force and takes effect on the date of its signature by all Parties, and unless there is a provision to the contrary, ends on the date when the obligations of each of the Parties are fulfilled. 3. OBLIGATIONS OF FCM 3.1. FCM agrees to assume the following financial, organizational and operational obligations: Preliminary Conference program (on-line); ▪ Final Conference Program; Trade Show; • Delegate Luncheon at the Trade Show on Friday; Page 3 of 10 Pre-Conference and on-site registration process; • Financial responsibility for rental of facilities required for the FCM Conference Program; • Delegate Luncheon during elections on Sunday; • Audio-visual equipment; ▪ Simultaneous interpreters and equipment; ✓ Recruitment of all workshop speakers; > National sponsorship program; • FCM Secretariat, Media Room and Staff Workrooms; ▪ All costs related to FCM staff participation (compensation, travel, and accommodations); • French and English translation for the conference programs, signage, and all FCM documents related to the Conference. 3.2. Host Municipality Complimentary Passes FCM will provide the Host Municipality with a maximum of twelve (12) complimentary full registration passes for the 2014 Annual Conference and a maximum of four (4) complimentary full registration passes for the 2013 Annual Conference. A list of names for complimentary passes must be provided to FCM prior to the event. These passes have no dollar value and the Host Municipality will not be entitled to a credit should it not make use of the full allotment. 3.3. Host Municipality Transfer Payment - Paid Registrations FCM will collect delegate fees from each registered delegate and will transfer a per capita amount to the Host Municipality (the amount to be approved by the FCM Board in September 2013 and to be no less than the per capita for 2013 - $138.00 per delegate attending the conference) as follows: a) Within sixty (60) days of the closing date of the Annual Conference, FCM will forward a first payment to the Host Municipality of ninety percent (90%) of the per capita amount for each registered delegate whose account is paid in full and who attended the event. b) Within one hundred and twenty (120) days of the closing date of the Annual Conference, FCM will forward the final payment to the Host Municipality of the total per capita amount for each registered delegate whose account is paid in full and who attended the event, less the initial payment previously submitted, as set out in paragraph 3.2(a). 3.4. Host Municipality Transfer Payment - Companion Tours and Social Events Within sixty (60) days of the closing date of the Annual Conference, FCM will forward a payment to the Host Municipality for companion (and/or additional) tickets to participate in Host Municipality organized tours and social events. This payment will cover the cost to the Host Municipality of each ticket purchased. An administration fee charged by FCM will be over and above the cost to the Host Municipality of each ticket, and will be retained by FCM. Page 4 of 10 4. OBLIGATIONS OF THE HOST MUNICIPALITY 4.1 . The Host Municipality agrees to fulfill the following financial, organizational and operational obligations: At the Conference preceding theirs, the pending Host Municipality must participate in the Trade Show to promote attendance at the Conference in their municipality the following year and they also donate a prize for the Trade Show prize draw (FCM provides a complimentary booth space with one table and 2 chairs. The pending Host Municipality must pay for any other booth requirements such as audio-visual equipment, additional furniture, etc.); • At the Conference preceding theirs, the pending Host Municipality must host and pay for a reception for new Board Members to promote attendance at the next Annual Conference (approximately 150 attendees); fr Welcome Reception on Friday evening: • Daily Continental breakfasts and morning coffee breaks (Friday, Saturday and Sunday); Gala Dinner on Sunday evening; fr Closing Breakfast on Monday morning; ▪ Study Tours program with service in both official languages (incl. transportation); fr Companion Program (i.e. Companion Tours) with service in both official languages; fr A Companion Lounge (incl. function room, lounge style furnishings, coffee/tea/water) ▪ Transportation between hotels in the "FCM Block of rooms" and the Conference Facility (as deemed necessary by FCM, depending on distance): fr Transportation to and from Niagara Falls' social activities (as requested by FCM. depending on distance); fr A Niagara Falls Tourism and Information booth with service in both official languages: fr All costs related to the participation of Niagara Falls city staff and council members. 4.2. The Host Municipality agrees to provide FCM with a minimum of fifteen (15) volunteers to assist with on-site logistical requirements. 4.3. The Host Municipality agrees to provide FCM with all final texts and photos required to adequately describe the social activities, tourist information, as well as the content and schedule of Study Tours and Companions' Program for use in printed and promotional materials (ie: the Conference Programs) within the prescribed timelines described in the Host Municipality Handbook. 4.4. The Host Municipality agrees to provide FCM with a general liability certificate of insurance showing FCM as an additional insured for all Host Municipality responsibilities and events (i.e. Study Tours, Companion Program, Welcome Reception, Gala Dinner and Farewell Breakfast). The policy must be in effect for the dates of the Conference. Any company providing transportation for delegates must provide a certificate of automobile insurance with a minimum of $5M in coverage. 4.5. The Host Municipality agrees to provide FCM with all the final scenarios and speeches for the social events (Welcome Reception, Gala Dinner, Closing Breakfast) and any other activities to which the Host Municipality representatives will participate, for FCM's review and approval. Page 5 of 10 4.6. The Host Municipality may, at its own discretion and effort, find local sponsors to offset the cost of its financial contribution towards hosting this Conference. Agreements with any sponsors of a National scale must be pre-approved by FCM prior to entering into any type of agreement. All sponsors must follow FCM's sponsorship guidelines, as described in the Sponsorship Guide provided to the Host Municipality. 4.7. The Host Municipality agrees to provide/deliver the above in accordance with the Roles and Responsibilities document provided by FCM. 4.8. The Host Municipality agrees to provide to FCM, no later than three months following the event, the Host Municipality's financial results (revenues generated/expenses incurred for its financial commitments). 5. COMMITMENTS BY THE HOST MUNICIPALITY AND FCM 5.1. Each of the Parties agrees to maintain a cooperative and respectful working relationship between the representatives, where applicable, of one or the other Party. 52 Each of the Parties agrees to supply the necessary qualified personnel resources required to meet or exceed the expectations and/or fulfill the obligations and commitments provided for in this Agreement. 5.3. The Host Municipality agrees to translate into French and/or English all documents it distributes, as well as any posters, banners, signage and advertising related to FCM's Annual Conference and Trade Show. FCM agrees to provide an editing service to the Host Municipality to ensure concordance between the texts. 5.4. Each Party warrants that it has provided full disclosure to the other Party regarding any matter of which it is aware at the time of the execution of this Agreement that, to its knowledge, could harm the reputation of the other Party as a consequence of having entered into this Agreement. Without restricting the generality of the foregoing, but solely as examples. willful conduct of a Party that could reasonably be considered harmful to the environment or public health would constitute such a matter. 5.5. At all times during and subsequent to the duration of the Agreement, until such time as the information in question ceases to be confidential information or the recipient party has obtained the written consent of the disclosing party to the disclosure in question, the recipient party shall take all precautions that are reasonably required in order to keep and maintain the confidential information in strict confidence, and shall cause its elected officials, directors, officers, agents and employees to keep and maintain such confidential information strictly confidential. All such confidential information shall remain the property of the originally disclosing party and shall be used by the recipient party only as is necessary for the performance of its obligations under the Agreement. 5.6. FCM acknowledges that the Host Community, as a level of Ontario municipal government, is governed by the province of Ontario's freedom of information and protections of privacy legislation including the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA") and the Personal Health Information Protection Act ("PHIPA"): FCM agrees to abide by the tenets and requirements of such legislation when performing services and providing products for the Host Community under this Agreement. In the event that a party is requested pursuant to, or required by applicable law, regulation, or legal process to disclose Page 6 of 10 any confidential information that party agrees to notify the other party of the circumstances requiring such disclosure and will refrain from such disclosure for the maximum period of time allowed by law so that the other party may seek a protective order (whether it be injunctive or other legal or equitable remedy) or other appropriate remedy to protect the confidentiality of the information. 5.7. In the event the Conference is cancelled or otherwise not held by reason of acts of God or by reason of any other circumstance beyond the reasonable control of either party, neither party shall in no way be held liable to the other party. For more clarity, all expenses incurred by each party in advance preparation of the Conference will remain the responsibility of each party. FCM will not be held liable to reimburse any expenses incurred by the Host Municipality and the Host Municipality will not be held liable to reimburse any expenses incurred by FCM. 6. REPRESENTATIVES OF THE PARTIES - APPLICATION OF AGREEMENT For the purposes of this Agreement, the representatives for the Host Municipality are James M. Diodati, Mayor and Gary Burroughs, Regional Chair, and FCM's representative is Ms. Simone Gagnon, Director- Corporate and Member Communications. Should a replacement become necessary or selected, one or the other Party will fill the post immediately with a suitably qualified and empowered individual and will notify the other Party in writing. 7. RESPONSIBILITIES 7.1. It is understood and agreed that the Host Municipality and FCM are neither the agent nor legal representative of the other Party and no part of this Agreement grants them that authority. The Host Municipality and FCM are independent of each other and this Agreement should not be deemed in any way to be a joint venture. No part of this Agreement shall be interpreted as establishing an agency between the Host Municipality and FCM. 7.2. FCM and the Host Municipality recognize that they will assume their respective responsibilities as required by law. 7.3. Each Party assumes full financial responsibility for its activities and its operations. 8. GENERAL PROVISIONS 8.1. The preamble is an integral part of this Agreement. 8.2. This Agreement and the rights and obligations which result from the Agreement shall not be sold, assigned or transferred, in whole or in part. Any act of assignment or transfer shall be deemed null and void. 8.3. This Agreement is governed by the provisions of law applicable in the Province of Ontario. Any litigation concerning this Agreement shall be within the jurisdiction of the Province of Ontario. 8.4. This Agreement constitutes the entire Agreement between the Parties and replaces any previous agreement or contract, proposition, representation, negotiation or verbal or written Page 7 of 10 agreement between the Parties. There are no representations. covenants, conditions or warranties forming part of the Agreement other than those included in it. No amendment of the Agreement will have any force or effect unless reduced to writing and signed by all parties. 8.5. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in this Agreement continues in full force and effect. 8.6. The silence of a Party, its negligence or delays in exercising a right or recourse granted it by this Agreement shall never be interpreted as a renunciation of its rights and recourses. 8.7. Time is of the essence in all respects in this Agreement. The Parties will make all reasonable efforts to comply with their responsibilities and protocols as set out in the FCM Annual Conference and Trade Show Host Municipality Handbook, provided separately. 8.8. The Host Municipality remains under the obligations imposed by this Agreement, even if portions of the Agreement are assigned or subcontracted. Similarly, FCM is not responsible for any liability imposed by a subcontractor or assignee. 8.9. Subject to the preceding provisions of this section, the Agreement shall to the benefit of, and shall be binding upon, the successors and assigns of FCM and the Host Municipality. 9. INDEMNIFICATION The Host Municipality shall indemnify and save harmless FCM from and against all claims, damages, losses, costs and expenses relating to any injury or death of a person, or loss of or damage to property, caused or alleged to have been caused as a result of the Host Municipality's performance of its obligations under this Agreement. FCM shall indemnify and save harmless the Host Municipality from and against all claims, damages, losses, costs and expenses relating to any injury and death of a person, loss of or damage to property, caused or alleged to have been caused as a result of FCM's performance of its obligations under this Agreement. 10. COPYRIGHT AND PATENTS 10.1 Copyright in artistic work and text produced for FCM's 2014 Annual Conference and Trade Show, including, but not limited to, logos, brochures, photographs, and webcasts will belong to FCM (the "Productions"). FCM will acknowledge the contribution of the Host Municipality in any publication of that work, which acknowledgment will be in a form acceptable to the Host Municipality, acting reasonably. 10.2 FCM grants to the Host Municipality a perpetual, non-exclusive license to use the Productions for its municipal purposes. 10.3 Copyright in artistic work and text produced for FCM's 2014 Annual Conference and Trade Show, including, but not limited to, logos, brochures, photographs, and webcasts will belong to FCM. FCM will acknowledge the contribution of the Host Municipality on behalf of FCM in any publication of that work. Page 8 of 10 10.4 FCM shall retain title to any report, photograph, drawing, or plan produced by the Host Municipality in performing the Agreement. FCM reserves the right to request this material from the Host Municipality. 10.5 FCM grants to the Host Municipality a perpetual, non-exclusive, non-transferable license to use the Productions (which shall include the right to publish the Productions or parts thereof on the Host Municipality's website and publications) (the "License"), subject to the following terms and conditions: a) the License shall commence immediately after the completion of FCM's 2014 Annual Conference and Trade Show in Niagara Falls, Ontario; b) the License shall terminate on the earlier of: (i) the Host Municipality ceasing to be a member of FCM; (ii) the breach by the Host Municipality of any term of this agreement; and (iii) the early termination of this Agreement my mutual consent of the parties or by reason of a breach of this Agreement by a party hereto; c) the Host Municipality shall not be entitled to reproduce any logo or name appearing in the Productions that is not owned by FCM; d) except as set out in paragraph 10.5(c), the Host Municipality shall not alter the Productions in any way without the prior written consent of FCM; e) the License shall be for the express and limited purpose of permitting the Host Municipality to promote itself to the citizens of the Host Municipality as well as to promote its convention centre in order to demonstrate its ability to host conventions of the size and sophistication of the 2014 FCM convention held in the Host Municipality. 11. AMENDMENTS Any amendment to this Agreement shall be the subject of a written agreement between the Parties and shall be signed by the authorized representatives of the Parties. The new agreement shall be an integral part of this Agreement and will take effect on the date agreed to by the Parties. 12. NOTICE Any authorization or approval and any notice required by this Agreement shall, in order to be valid and bind the Parties, be given in writing and be given in person or transmitted by fax, electronic mail, courier service or by regular or registered mail to the address of the concerned party, as indicated hereafter: Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1 N 5P3 Attention: Ms. Simone Gagnon Director— Corporate and Member Communications Tel: 613-907-6269 Fax: 613-241-7440 Email: sgagnon @fcm.ca Page 9 of 10 The Regional Municipality of Niagara Attention: Mayor James M. Diodati P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Tel: 905-356-7521 ext, 4201 Fax: 905-374-3557 Attention: Gary Burroughs Regional Chair, Niagara Region 2201 St. David's Road P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905-734-4851 Fax: 905-687-4977 Email: gary.burroughs @niagararegion.ca Any authorization or approval or any notice sent by fax, electronic mail or next day courier service shall be deemed to have been received the day after it was sent. Any other item sent by regular or registered mail shall be deemed to have been received five (5) days after being mailed out. Either Party must be notified of any change of address concerning the other Party. The Parties acknowledge having read and agreed to each and every clause contained in this Agreement. IN WITNESS THEREOF, the Parties have signed this Agreement, in two (2) copies at the dates and locations mentioned hereafter. THE FEDERATION OF CANADIAN MUNICIPALITIES Signed in Ottawa, on this day of -''—IS 20'3. By Brock Carlton Witness Chief Executive Officer I have authority to bind the Corporation Page 10 of 10 THE REGIONAL MUNCIPALITY OF NIAGARA Signed in Niagara Falls on this day of 20 By: Mayor James M. Diodati Witness Mayor, City of Niagara Falls I have authority to bind the Corporation Signed in Thorold on this day of 20_ By: Gary Burroughs Regional Chair, Niagara Region By: Janet Pilon Regional Clerk, Niagara Region We have authority to bind the Corporation CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of an Agreement of Purchase and Sale with the Estate of Edward Cecchini, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between the Estate of Edward Cecchini, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as part of Lot 179, Geographic Township of Stamford being approximately 338 feet in width by 9.84 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of August, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013. Second Reading: August 13, 2013. Third Reading: August 13, 2013. AGREEMENT OF PURCHASE AND SALE PURCHASER,The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR, Estate of Edward Cecchini ,the following: REAL PROPERTY: Address South Side of McLeod Road between 7950 and 8056 McLeod Road,and legally described as Part of Lot 179,Geographic Township of Stamford,in the City of Niagara Falls,in the Regional Municipality of Niagara, being approximately 338 feet in width by 9.84 feet in depth, as shown hatched on Schedule"A"attached(the"property"). �■ ■ PURCHASE PRICE:Twenty-Three Thousand Five Hundred and zero— Dollars(CDN$23,500.00) DEPOSIT: 0 Purchaser submits Two Thousand and Zero-------=Dollars(CDN$2,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. f/) SCHEDULE(S) `A"and"B" attached hereto forms(s)part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the !" ", -T day°f a-7-2013 2013 ,after which time,if not accepted,this Offer shall be null and void and the A deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the a8'"rday of ust ,2013. Upon completion,vacant possession of the property shall A/ be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer,any counter offer,notice of acceptance thereof,or any notice shall be deemed given and received,when hand delivered to the address for service provided herein or,where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. 905-227-5988 (For delivery of notices to Vendor) FAX NO. (905) 371-2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax(H.S.T.),then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T.,Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 13th day of August 2013. (Requisition Date)to examine the title to the property at his own expense and until the earlier of:(I)thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii)five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property,that its present use may be lawfully continued and that the principal building may be insured against risk of fire. Version June 11,2013 Page 1 of 7 Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges,liens,and encumbrances except as otherwise specifically provided in this Agreement and save and except for(a)any registered restrictions or covenants that run with the land providing that such are complied with; (b)any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with,or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c)any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties;and(d)any easements for drainage,storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued,or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive,this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendors title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendors control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion,is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain,a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12.INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE:All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any,and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge/Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendors or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor,and any Charge/Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser,Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22)of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount,if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non-resident of Canada. 17. ADJUSTMENTS: Any rents,mortgage interest,realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank,Trust Company, Province of Ontario Savings Office,Credit Union or Caisse Populaire. 20, FAMILY LAW ACT:Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act,R.S.O.1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building,this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement(including any Schedule attached hereto)and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition,which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3of7 24. SUCCESSORS AND ASSIGNS: The heirs,executors,administrators,successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of ,2013 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati, Mayor DATE Dean Iodide, City Clerk I, the Undersigned Vendor, agree to the above Offer. DATED AT Thorold this day of , 2013 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seal: ESTATE OF EDWARD CECCHINI ,��/rJ d/4c1 / CZ,\_ DATE r_ (Witness) Patricia Magdalena, Executrix ' -•� i DATE G, (Witness) Cerlo Cecchini, Executor Page 4 of 7 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m./p.m.this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor)Per: James M. Diodati, Mayor DATE DATE (Vendor) Per: Dean lorfida, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905)356-7521 Purchaser's Lawyer: Kenneth L. Beaman Address:4310 Queen Street. P.O. Box 1023 Niagara Falls,Ontario, L2E 6X5 Tel. No. (905)356-7521 FAX No. (905) 371-2892 Vendor's Address for Service: 24 Keefer Road Thorold,ON L2V 4Y4 Tel_ No.905-227-7897 Vendor's Lawyer J. Christopher Younq , Younq McNamara Address 18 Albert Street East Thorold, ON L2V 1P1 Tel.No. 905-227-3777 FAX No. 905-227-5988 Page 5 of 7 SCHEDULE "A" It: iIj i y i 0.50 ' I i Qij alt \I Ilk N!5 X3_ 1 E m ,I „ I.A Lh ' /! . ; / s • SCHEDULE"13° A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following- Land for road widening 338 feet x 9.84 feet=3,326 sq.ft. 3,326 sq.ft. @$7.00/sq.ft. _$23,282.00 Rounded to$23,500.00 B. The Purchaser will obtain,at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Purchaser will provide a standard curb cut entrance to the Vendor's remaining property. E. The Purchaser will provide new water and sanitary service to the new property line at such time as McLeod Road is reconstructed. Size and location of the services to be confirmed in consultation with the Vendor. Page 7 of 7 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the payment of S15,867,936.07 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 20. 2013 to July 4, 2013. Passed this thirteenthday of August 2013. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: August 13. 2013 Second Reading: August 13. 2013 Third Reading: August 13, 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 13'" day of August, 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 thei r day of August, 2013 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this thirteenth day of August 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 13, 2013 Second Reading: August 13, 2013 Third Reading: August 13, 2013