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2015/09/15Scheduled times for September 15, 2015 In Camera 4:45 Council 5:00 COUNCIL MEETING Tuesday, September 15, 2015 Order of Business and Agenda Package Niagara,a1ls COUNCIL MEETING September 15, 2015 O Canada to be sung by Sydney Ahle ADOPTION OF MINUTES: Council Minutes of August 19, 2015 Special Council Meeting Council Minutes of August 25, 2015 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time REPORTS/ PRESENTATIONS 5:00 — 6:30 P.M. R&C-2015-13 - Culture Plan Implementation REPORTS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW -2015-30 - Riverview Park Inline Storage Facility, Tender Contract No. 2015-292-12 MW -2015-2015-31 — Watermain Replacement Program (2013) Phase 1, Tender Award — Contract No. 2015-308-13 PBD -2015-42 - Municipal Support Request for FIT 4 Rooftop Solar Energy Projects R&C-2015-09 - Gale Centre Renewal Agreements R&C-2015-12 - 2015 Sports Wall of Fame Inductees R&C-2015-14 - Arts & Culture Wall of Fame 2015 Inductees MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Falls Public Library — requesting that October 18th — 24th be proclaimed as "Public Library Week". RECOMMENDATION: For the Approval of Council. 2. CUPE — requesting that October 8th be proclaimed as "Child Care Worker & Early Childhood Education Appreciation Day". RECOMMENDATION: For the Approval of Council. 3. Trigeminal Neuralgia Association — requesting that October 7th be declared as "International Trigeminal Neuralgia Awareness Day". RECOMMENDATION: For the Approval of Council. 4. A.M.O. — requesting Ontario municipalities contribute $100 toward the Syrian Refugee Crisis. RECOMMENDATION: For the Consideration of Council. 5. Celebrate Old Downtown - requesting waiver of fees associated with road closures for "Cruising on the Q" finale. RECOMMENDATION: For the Consideration of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. PRESENTATIONS/DEPUTATIONS 6:30 P.M. Alzheimer's Coffee Break Peter Nicholson, Board member for the Alzheimer Society Niagara Foundation, will attend the Council meeting to speak about the upcoming Coffee Break campaign. PLANNING MATTERS 7:00 P.M. Public Meeting: AM -2015-006, Official Plan and Zoning By-law Amendment Application 9764 Upper's Lane Applicant: Trustees of the Bible Baptist Church of Niagara Falls Agent: Debra Kakaria, MHBC Planning Proposal: Relocation of a Place of Worship Background Material: Recommendation Report: PBD -2015-43 -AND- Correspondence from Bob Gortson Public Meeting: AM -2015-10, Zoning By-law Amendment Application Medical Marijuana Facilities Applicant: City of Niagara Falls Background Material: Recommendation Report: PBD -2015-44 RESOLUTIONS 1. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Zombie Mud Run event to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council supports the remediation and redevelopment of the former Cytec lands through applications submitted under the Brownfield Community Improvement Plan. RATIFICATION OF "IN CAMERA" MATTERS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2015-105 A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted, 2015-106 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited). 2015-107 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2015-108 A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and Front Row Sports Ltd. for a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue. 2015-109 A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and 2212396 Ontario Inc. (Break -A -Way Concessions) for a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue. 2015-110 A by-law to authorize the execution of a license renewal and amendment between the Corporation of the City of Niagara Falls and the Chippawa Amateur Athletic Association Inc. to operate from the premises municipally known as the Gale Centre, 4171 Fourth Avenue. 2015-111 A by-law to authorize the execution of an Agreement with Eco-Ninjas respecting the Adopt -A -Program public service program for volunteers. 2015-112 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15th day of September, 2015 NEW BUSINESS Full name — Sydney Ahle -September 15 * Sydney is 9 years old Grade 4 student at Prince Phillip Elementary School where she has completed her first year of French Immersion. She enjoys many extracurricular activities including dance with Miss Kathies Dance Academy, figure skating, swimming, piano, voice lessons, violin, show choir with the Junior Niagara Star Singers. Sydney recently performed in her 7th show with Linus Hand Productions where she has studied Drama since the age of 4 years. Although a little nervous before every production she thoroughly enjoys performing and is truly grateful for this opportunity. N agaraa1Is REPORT TO: Mayor James M. Diodati And Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2015-13 Culture Plan Implementation Strategy R&C-2015-13 September 15, 2015 RECOMMENDATION That the Culture Plan Implementation Strategy, as presented, by approved and referred to the 2016 budget. EXECUTIVE SUMMARY The Consulting firm of TCI Management Consultants was hired in the Fall of 2013 to coordinate the comprehensive five-year Culture Plan. The community consultation process included an online community organization survey, stakeholder interview and community open houses. Following the collection and analysis of data, the interim plan was presented to the public at a community open house on Wednesday, June 11, 2014. The interim plan contains twenty-four (24) recommendations. On April 28, 2015, (2015-05) Council adopted the Cultural Plan in principal subject to modifications as outlined by the Committee and Staff. The original TCI report has been prioritized by the Committees and Staff with specific timetables put in place. This report is to show Council where the community feels the most immediate needs are to provide a better community to live in for all residents and create a thriving cultural community. BACKGROUND The 2007 Parks, Recreation & Culture Strategic Plan recommended that the department prepare a "strategy for developing community arts facilities". In order to implement the strategy, the following studies were recommended: • Preparation of a detailed development plan for a visual arts resource centre; • Preparation of a feasibility study for a community theatre. The above studies were not completed as further research is required to determine if a visual arts resource centre and/or community there are viable for the City of Niagara Falls. To better understand the culture needs of the community, including arts and heritage, a Culture Plan is an essential planning tool. This is a timely and important initiative for the 2 R&C-2015-13 September 15, 2015 community — one that needs to respond to current opportunities and market demand, but within the parameters of what the City can reasonably undertake and within the context of limited resources and other municipal priorities. It is an opportunity to think and plan for the City's cultural resources on a strategic level. ANALYSIS/RATIONALE A community consultation is an essential part of any master or strategic plan. Throughout the last 18 months, the following input has been collected from the community: • 215 people completed the general online survey; • 21 culture organizations completed the organization survey, representing 15,000 members; • 25-30 stakeholders were interviewed; • 50 plus attended the March 6, 2014, Culture Plan Community Open House. The Culture Plan recommendations are a reflection of the feedback the consultations received from staff and the public. This internal implementation plan was developed to reflect the City's strategic priorities and with input from our community representatives. The draft Culture Plan recommendations were communicated to the public on June 11, 2014. Recommendations were also presented to applicable Committees of Council and the Library Board. In general, the Committees of Council support all the recommendations in the Cultural Plan and support this implementation plan. 3 R&C-2015-13 September 15, 2015 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff will ensure that key performance measures are recorded, implement the plan and report back to Committees and Council on the progress of the Plan. The following are anticipated costs for implementation of the many elements of the plan that would be brought forward to council for consideration. Year Action 2015 Cultural Summit Lundy's Lane Battlefield 2016 Cultural Summit Capacity Building workshop(s) Lundy's Lane Battlefield Funding Programme Arts Web Portal 2017 Cultural Summit Capacity Building workshop(s) Festivals and Events support Funding Programme Lundy's Lane Battlefield 2018 Cultural Hub feasibility study Cultural Summit Capacity Buiding workshop(s) Cultural Marketing Campaign Funding Programme Festivals and Events support 2019 Cultural Summit Capacity Building workshop(s) Cultural Marketing Campaign Funding Programme Festivals and Events support 2020 Cultural Summit Capacity Building workshop(s) Cultural Marketing Campaign Funding Programme Festivals and Events support Potential cost $1000 (50% funded) $173000 $1000 $2000 $465000 $20000 $5000 $1000 $2000 $4000 $20000 $450000 $80000 $1000 $2000 $5000 - $10000 $20000 $4000 $1000 $2000 $5000 - $10000 $20000 $4000 $1000 $2000 $5000 - $10000 $20000 $4000 4 CITY'S STRATEGIC COMMITMENT R&C-2015-13 September 15, 2015 The key action to present the 2014 Culture Plan and to develop a phased implementation plan fits the Strategic Priority, A Vibrant and Well Planned City, with the goal to build and promote a vibrant, sustainable City that supports an active, connected and creative community. LIST OF ATTACHMENTS 1. Culture Plan Implementation Strategy Recommended by: Respectfully submitted: Kathy Moldenhauer, Director of Recreation and Culture Ken odd, Chief Administrative Officer "Y. Cultural Plan Implementation „ FAI_LS vitt( MUSEUMS aitte-xe l'Alk rh.ory COMMITTEE Advisory Committee Iritrodction and Process In the fall of 2013, the firm of TCI Management Consultants was retained through a tender process to undertake the development of a Culture Plan for the City of Niagara Falls. The purpose of the plan was to develop a road map for the City to guide its future investment in facilities, programs and activities in support of the arts, culture and heritage sector in the municipality. The study process involved a number of data collection activities including interviews with various representatives of arts, culture and heritage organizations; interviews with selected municipal staff and members of Council; a survey of cultural organizations in the city; a widely promoted community survey (to which more than 300 individuals responded, resulting in a very representative and useful data base of information); focus group sessions with key arts and heritage sectors; two open houses; a benchmarking assessment of other communities that were successfully investing in their cultural sectors; and two presentations to Council. This implementation plan utilizes the work done by TCI and prioritizes the recommendations (Appendix B) put forward and identifies where city committees believe that the emphasis should be placed, as well as what should be accomplished in the short term and in the long term to ensure that the Arts and Culture community has a role to play in the creation of a vibrant Niagara Falls. It should be noted, that the Arts and Culture Committee and the Museums Advisory Committee agreed with all of the recommendations in the TCI report. Note: the TCI report recommended that the Cultural Development Officer evolve from part time Arts and Culture to full time Arts and Culture portfolio. Instead, the Arts and Culture portfolio was added to the Museums Manager position. 1 Goals All items in the report by TCI could be placed in three categories that all connect and can contribute to a vibrant community, These are the end goals of this committee. Communications Resources When as( -1 what type ot evem theli would t t en ct eesponcreoU 34% Arts CANADIANS ARE DEEPLY ENGAGED IN THE ARTS IN A WIDE VARIETY OF WAYS tre,f,e. .r",:rqx CANADIANS' CURRENT ARTS ACTIVITIES • • 15-3-1 • dqe drpraps 151 the bp! ihe rrx,r,rtn,s expressed oarws rrovatl,; Young Canathanr, orn the .rts expres.r, r„freir m Prfferen, ,srar? ,Man (.arradr.ers 9erlerall3W5. 29% Sports • _4ki . 'f47•"!4111.1.1.111.11111111111.1.1g, From "Canadians Engagement in the Arts' 2014 report by Centre for Business in the Arts Top priorities for the community There are four recommendations listed at the front of this report. They include; the study for a Culture Hub, Funding initiatives, the planning of a summit to have groups and individuals come together and the need for staff support from the City. They are not in a particular order. However, the Committees of the City agreed that these are the most important requirements to foster an environment that not only supports, but also develops the knowledge industries involved in culture and allow them to flourish. Feasibility Study for a Cultural Hub Facilitation of a Cultural Summit Dedicated Cultural Staff 4 Infrastructure Cetttr Aviatkot% est tl e Arts St. creative 5 1" Tier Prfr ittes,fcw Ta i ost t?cture 1) Undertake Feasibility Study for Culture Hub: This action combines several recommendations in the original report. It was believed that all elements of new facilities should be examined together. The library strategic plan and potential infrastructure changes should also be examined within this study. • Potential Cost: $80,000 • Examination of a centralized facility for a range of arts and culture activities including; • a large public art gallery space • a commercial space for local artists • a mid-size affordable performing arts venue primarily for community use • possibly studio space for working artists; and related required office and administrative space. • A second phase of this project should then look at the establishment of Cultural Precincts. • It was suggested to have two cultural precincts in the community. One on Queen Street and one at Main & Ferry. It was discussed that maybe the City should focus energies on one at a time. This project would examine all potential directions. t' P.:'o4.imie s far i i r os ructure 2) Library Facilities: The Library is currently examining infrastructure requirements that include needs at Victoria Street, Stamford and Chippawa. These could also match some needs that are found in the Cultural Hub feasibility study. 3) Investigate selling CORE building and using proceeds for the cultural hub: Seen as one method for paying for the feasibility study. 4) Gateways: The Official Plan for the City of Niagara Falls anticipated a number of entrance gateways into the City from various directions. 5) Lundy's Lane Battlefield: Continue interpretation and master plan for the battlefield. 6 Communications 7 1'r l' er Priorities for Communications 1) Hold a Niagara Falls Cultural Summit: a collaboration of ideas and dialogue. This summit will need to communicate the Cultural Plan to the community, but also allow for feedback and suggest growth within the industry. • Meetings with stakeholders to ensure the maximization of partnerships and communications • Potential Cost: $1,000 (Niagara Community Foundation has already contributed $500 towards this event) d Tier Priorities for Communications 2) A More Effective Web -Site Presence for Culture Should be maintained • Improved presence on City of Niagara Falls pages • Examine the potential to work with cNiagara.ca to create a better presence on the web • Work with tourism providers on content • 2017 determme nreds and it it fits with eNio.Para Fail 2010 8 3) Arts Web Portal: A database has been created for the purposes of this plan. Material is in place and available. There will be ongoing issues of maintenance and ability for current level of staffing to keep data current. • Examine if cNiagara can work with our GIS department to keep content current. • Examine potential long term potential for data 2017 determine web presence of materials 4) Develop a Marketing Campaign for Culture: Design and implement a marketing plan for Culture programming and events in Niagara Falls that coordinates all community arts, culture, and heritage activities. 5) Encourage Council Representation for MCH and Arts and Culture Advisory Committees 9 6) Reduce Number of Committees: Merge the current Arts & Culture Committee and the Museums Advisory Committee to ensure strength in the sector. 3`d Tier Priorities 7) Linkage to the Tourism Industry: Regular Liaison between Cultural staff and tourism industry 8) Adopt a Partnership Focus: Additional partnerships should be forged between the City and other groups in the community and Region that are focused upon providing arts, culture and heritage related opportunities for residents. 9) BIAs: Communicate and work with BIA's to find mutually beneficial links between industries 10) Accountability Reporting: An annual report to council on status of the plan and KPI's based on the plan. 10 Resources 11 1) Increased Funding for Culture Groups and for innovative Arts Projects: This will be the development of a programme to fund projects and events that enrich the lives of the citizens of Niagara Falls. • Projected Costs: $20,000 • Develop a criteria that is fair and equitable • an annual application process, with clear timeframes, reporting and deadlines • clear `reporting back' requirements so that municipal staff and Council can see the results from funds allocated $4.1 billion spent by arts and culture tourists, representing over 36% of all overnight spending by tourists. Ontario Arts and Culture Tuujiatn in nofllc, OAC November 2012 12 2) Create Dedicated Cultural Officer Position: it was recommended that a Community Development Co-ordinator be placed on arts in a full time capacity. The department: has restructured and has placed the portfolio within the job description of the Museums Manager. • Staff dedicated to the arts, culture and heritage sector • Assist with promotion, administration and sector growth 13 i r Priorities for Resources 3) Capacity -Building Workshops: Strengthen the sector with the development of regular workshops based on their needs. 3'd Tie,PPriorities for Rr"'sia uIGN.:' 4) Festivals and Events: Recommended that the city work at matching arts & culture organizations with existing events put on by or in conjunction with the City. This would include such events as; Springlicious, Canada Day, Santa Claus Parade and other events taking place around the community. Funding would go towards the event organizers who will provide local cultural groups or individuals funds to participate and add to the event. This would provide the knowledge for some organizations to understand the business of festivals and perhaps eventually develop their own events. 5) Revised Public Art Policy: As a visible and tangible symbol of a commitment to public art and arts education, the City should adopt a 'policy towards the establishment of a fund dedicated for public art. Co ptetes. 1. Council Approval in Principle: Council should first approve the Culture Plan in principle, and refer it back to staff to develop a detailed implementation plan, based upon the subsequent recommendations contained within this Report. 14 How this meets the City of Niagara Falls Strategic Priorities — beyond a Vibrant and Well Planned City This plan can assist the city meeting many of its targets within the Strategic Priorities set out for 2015-2018. Priority Objective Key Actions We are committed to be a City that will attract and retain business investment, create employment, diversify the economy and broaden the tax base. Retain the City's youth and attract youth from across the world to Niagara Falls by providing educational and career opportunities Identify and Implement Strategies to Encourage Innovation and Small Business Start -Ups Capitalize on Niagara's Global Brand Recognition Infrastructure is critical to the competitiveness of our economy, the quality of life citizens enjoy, and the delivery of public services. We are committed to ensure that investments in infrastructure maximize benefits, reduce risk, and provide satisfactory levels of service to the public Operate, maintain and upgrade 9 Continue the implementation of the City's infrastructure and the Strategic Plan for the other assets in an affordable, Provision of Parks, Recreation, reliable, environmentally Arts & Culture including sustainable and integrated way development of the City-wide trail system The efficient handling of customer inquiries and issues and the provision of information to the public, through collaborative efforts of staff, is fundamental to customer satisfaction. We are committed to achieve excellence in customer service satisfaction and to actively promote citizen engagement Simplify and increase public access to City information, programs and services Ensure meaningful public involvement that respects the contribution of our residents and businesses 15 Priority 1 Objective Key Actions We are committed to building and promoting a vibrant, sustainable city that supports an active, - connected, and creative community Implement the City's Strategic Plan for the provision of Parks, Recreation, Arts and Culture, and the Culture Master Plan Continue to implement the recommendations from the 2007 Strategic Plan for the Provision of Parks, Recreation, Arts and Culture Coordinate a Ten Year (2017 — 2027) Recreation and Culture Strategic Plan Continue to implement the Battleground Master Pian Foster culture as a key contributor to attracting talent, providing quality of life and supporting creative businesses 16 Smplemerrtaican -- Apper Legend R&C — Recreation and Culture Department FIN — Finance Department IS — Information Services PLN — Planning Department LIB — Niagara Falls Public Library MW — Municipal Works ACC — Arts & Culture Committee MHC — Municipal Heritage Committee MAC — Museum Advisory Committee ECD — Economic Development Goal Estimated Time Frame Estimated Cost City Division City Committees Other organizations _ Infrastructure Undertake Feasibility Study for Culture Hub 2018 commencement 2018 commencement $80,000 for external study R&C, PLN, MW, LIB, ECD R&C, PLN, MW, LIB, ECD NF Art Gallery, Library, Firehall Theatre Performing Arts Facility NF Art Gallery, Library, Firehall Theatre Library Facilities (note — on page 54 of the TCI report it actually refers to this as Implement Library Strategic Plan) 2016 Stamford 2019 Chippawa LIB Investigate selling CORE building and using proceeds for the cultural hub 2018 Staff time MW Two Local Cultural Precincts 2018 PLN, R&C Gatewys Lon term 2020 PLN, MW Lundy's Lane Battlefield 2017 completion $800,000 MW, R&C Queen Street Revitalization 17 Goal Estimated Time Frame Estimated Cost City Department City Committees Other organizations Communications Hold a Niagara Falls Cultural Summit October 2015 And ongoing 1 $1000 (50% funded by Niagara Community Foundation in 2015) R&C ACC, MAC, MHC A More Effective Web -Site Presence for Culture Should be maintained 2016 Staff time IS, R&C Arts Web Portal 2016 TCI suggests $5,000/year R&C, IS Develop a Marketing Campaign for Culture 2018 $5,000 - $10,000/year R&C Encourage Council Representation for MCH and Arts and Culture Advisory Committees Fall 2018 0 R&C Linkage to the Tourism Industry 2016 Staff time R&C BIAS 2017 Staff time R&C Accountability Reporting 2016 Staff time R&C ACC, MAC I Reduce number of Committees 2016 Staff time R&C ACC, MAC 18 Goal Estimated Time Frame Estimated Cost City Department City Committees Other organizations Resources Increased Funding for Culture Groups 2016 $4000 R&C Ill Create Dedicated Cultural Officer Position R&C, HR Capacity -Building Workshops 2016 $1000 R&C ACC City organizations, regional cultural planners and co- ordinators Festivals and Events 2017 $2000 R&C Reduce Number of Committees Staff time R&C Adopt a Partnership Focus 2016 Staff time R&C City organizations, regional cultural planners and co- ordinators Revised Public Art Policy Staff time R&C Public Art Advisory Committee 19 TC Report -- Po "ti Sat r►r ary — Appendiy R ecmnendations In total, twenty-four recommendations were made, based upon a synthesis of the major data themes and findings from the various lines of investigation as reported earlier. These are summarized below; Section 3 of the main report contains further details relating to details of the recommendations themselves as well as their rationale. 1. Council Approval in Principle: Council should first approve the Culture Plan in principle, and refer it back to staff to develop a detailed implementation plan, based upon the subsequent recommendations contained within this Report. 2. Create Dedicated Cultural Officer Position: Change the job title of the current Community Development Coordinator to Arts & Culture Coordinator, and revise the job description as required to create a position that is dedicated to working with the arts, culture and heritage sectors. The prime responsibility of this position in the first three years would be the implementation of this Culture Plan. 3. Undertake Feasibility Study for Culture Hub: A key objective of this Culture Plan is the development of a centralized facility for a range of arts and culture activities including a Targe public art gallery space; a commercial space for local artists; a mid-size affordable performing arts venue primarily for community use; possibly studio space for working artists; and related required office and administrative space. A feasibility study of such a facility should be undertaken (Section 3 of the Report contains further details as to what specifics should be reviewed in such a study). 4. Performing Arts Facility: The surveys and interviews revealed that many residents feel that a small scale and affordable community theatre is needed in the City (preliminary visions are to have an intimate and cost effective facility of on the order of 300 — 500 seats). Accordingly, at the same time as an investigation into the desirability and feasibility of a cultural hub is being explored, an assessment of the potential for the Seneca Queen Street Theatre in this regard should be undertaken. 5. Investigate selling CORE building and using proceeds for the cultural hub: Assuming the cultural organizations contained within the CORE building could be re -housed within the Cultural Hub, or elsewhere, consider the sale of the CORE building to help finance the capital costs of development of the Cultural Hub. This should be part of the feasibility study investigation that is the subject of Recommendation #3. 6. Two Local Cultural Precincts: There are two cultural precincts in Niagara Falls: one is the 'heritage/cultural precinct' around the Museum / Lundy's Lane / Battlefield area and the other is the 'cultural precinct' around the downtown (Queen Street and along the Victoria Street spine west from Queen Street). Each of these has a certain 'critical mass' of facilities and activities and are logical districts that the Culture Plan should attempt to reinforce and further identify. Both precincts are on the WEGO route which positions them well from an accessibility standpoint. As well, the expansion of the Sylvia Place market — a historic function of that area of the City — will reinforce the identity of this as an historic area. 7. Gateways: The Official Plan for the City of Niagara Falls anticipated a number of entrance gateways into the City from various directions. In a mariner similar to public art, such gateways can be symbols of the importance of art, culture and heritage to the community. The Culture Plan should support such gateways and encourage them to reflect related themes in their district. Gateways are located in the Lundy's Lane area and Queen Street to reflect the cultural/historical themes. 8. Lundy's Lane Battlefield: Several comments in the interviews and surveys related to the importance of the Lundy's Lane Battlefield and Graveyard site to the history of Canada (some even likening it in terms of national importance to the Gettysburg site in the USA). Recognizing that the Battlefield and Drummond Hill Cemetery does tell a significant and nationally important story, the Culture Plan does recommend a number of initiatives to preserve and further enhance the site. These include: development of appropriate interpretation for the overall site (i.e. prior to the development of the school and seniors residence) using traditional as well as social media (e.g. apps); creation of an on-line application of what the Battlefield site looked like prior to development (including aerial views), key developments in the battle itself, etc. so that a virtual 20 experience of the battle could be had to convey some feeling as to the significance of the overall site (note: this could be one of the projects sponsored through the 'innovative projects' fund discussed in Recommendation #16). 9. Queen Street Revitalization: The revitalization of Queen Street is a long-term project and one that does not lend itself to an easy or overnight solution. In the past, various schemes such as turning it into an arts incubator or entertainment district have not come to fruition. This Culture Plan by itself is not a downtown revitalization strategy, but there are elements of it that will provide positive support and context to efforts in this regard. The potential for any aspect of implementation of this Culture Plan to support the revitalization of Queen Street should accordingly be a key priority. 10. Library Facilities: The Niagara Falls Public Library is clearly a key player in the cultural life of the community, and was seen through all of the local data collection initiatives (interviews, community survey, organizations survey) as a major asset in the community. The Library has its own strategy, and this Culture Plan is not intended to be a repeat of that process. The overall recommendation made to the City is to reinforce the growth and development of the Library as expressed in its own plan, in particular: the longer-term refurbishment and renovation of the Victoria Street (Main) branch; the expansion or redevelopment (yet to be determined) of the Stamford Branch in order to better serve that community; and the provision of expanded children's and teen programming. 11. Linkage to the Tourism Industry: While this Culture Plan was developed primarily by the community (through the extensive data collection undertaken) and for the community, there are nonetheless elements that may have significant potential to attract additional tourism to the area. One of the roles of the Recreation & Culture Department staff should be to liaise regularly with the tourism -related organizations and agencies in the area (e.g. the Regional Tourism Organization (TPN), Niagara Falls Tourism, etc.) to ensure that they are kept apprised of relevant development and activities on the cultural and heritage front. (And vice versa.) 12. Develop a Marketing Campaign for Culture: Design and implement a marketing plan for Culture programming and events in Niagara Falls that coordinates all community arts, culture, and heritage activities. The program would aim to do the following: promote arts, culture, and heritage as important components of a resident's life and livelihood in the Niagara Falls area; help organizations to promote their special events and activities; provide a portal for arts, culture, and heritage organizations to network, share ideas, coordinate activities, and find information (such as contact information) about each other [see Recommendation #15]; a way for individuals to trade ideas, views, maintain contact, and comment on raising issues; listing of and links to all community arts, culture and heritage groups; links to the mapping data base (including the functionality to enable all participating [validated] organizations to update and change their information as required); and continuing to publish the calendar / schedule of events. Social media should be used to establish a two-way conversation with the community and visitors. Possibilities to consider include: Facebook, Twitter for announcements; Pinterest or lnstagram pages for visual art; and Myspace (for performing arts) pages. 13. A More Effective Web -Site Presence for Culture Should be maintained: Right now culture has a comparatively low profile on the City's web pages. This should be redeveloped in order to portray a more proactive and inclusive approach to the sector. Included in this makeover should be: direct contact information to the new position of Cultural Coordinator; listing of and links to all community culture groups; links to the mapping data base (including the functionality to enable all participating [validated] organizations to update and change their information as required); and continuing to publish the calendar / schedule of events. 14. Arts Web Portal: One of the outputs of this project has been the development of a data base of arts organizations in the City (and eventually artists, crafts -persons and private sector suppliers to the cultural sector) to post and update information about their organizations, products, skills, etc. and thus be recognized in the community. One of the roles of the Recreation & Culture staff should be to oversee the currency and accuracy of this information; to encourage organizations to update it from time to time; and to use the information in the development of brochures, maps, contact lists, etc. as required. 15. Adopt a Partnership Focus: Additional partnerships should be forged between the City and other groups in the community and Region that are focused upon providing arts, culture and heritage related opportunities for residents. The most logical potential partners include: the City of St. Catharines (to ensure reciprocal awareness of program and activities, as well as use of facilities); the Niagara Parks Commission: regarding scheduling of events, as well as to ensure that City input is provided in their two 21 upcoming initiatives (planning for an outdoor performing arts venue in The Grove' as well as looking for uses for the iconic Canada Niagara Power building); and the owner of the Niagara Centre for the Arts, regarding the main strategic directions contained within this plan, impact upon his own operations, potential partnership initiatives, etc. 16. BIAs: The City of Niagara Falls contains seven distinct BIAs (Downtown [i.e. Queen Street]; Clifton Hill; Fallsview; Lundy's Lane; Main/Ferry; Chippawa; and Victoria Centre). While all of them are host to certain types of cultural and heritage activities (which may be art galleries, dance schools, music stores, unique restaurants, bars and performance venues, etc.) two of these figure prominently in the cultural and historical assets of the City, and in the notion of developing two historical / cultural precinct areas in the City (the historical one at Lundy's Lane / Battlefield area, and the cultural one at Queen Street). As a first step, Recreation and Culture staff should meet with all BIA Managers (ideally, together) to explain this plan, solicit any further input regarding suggestions, assistance with implementation, partnership opportunities, etc. 17. Festivals and Events: The City should consider developing more arts and culture -oriented festivals and events, with the objective of developing a year-round calendar of such activities. To be considered in particular would be a live music event, and a literary festival. More multicultural events should also be considered. Finally, a 'First Thursday or Friday' type event, involving openings and special activities along Main/Ferry Streets and/or Queen Street, could be encouraged as both a cultural event involving the private sector, as well as an initiative contributing to the revitalization of that area. 18. Increased Funding for Culture Groups: The City's current community development policy of not providing cultural programs directly, but rather funding cultural organizations that in turn provide such opportunities, is a good way of ensuring that they are focused on meeting `market demand' and the real need of the community. This overall approach should continue. (The Public Library and the Museum are the two exceptions to this approach with the Museum directly operated by the City and the Public Library governed by the Public Library Board.) However our review of the relative levels at which other cities fund their cultural sectors — particularly those against which Niagara Falls is benchmarked for the purpose of this study — appears to indicate that that Niagara Falls is 'underfunding' its cultural sector to some extent. If the City funded its cultural sector to a comparable level with the other benchmark communities, it would increase its budget for these activities by (conservatively estimated) $200,000 to $300,000 per year. At present, the City only funds two culture groups (Niagara Falls Art Gallery & Niagara Falls Concert Band). In future, consideration should be given to funding more such groups (assuming they meet objective criteria relating to the provision of arts, culture and heritage related programs). Particular components of this recommendation would include: designation of a pool of funds to be allocated to culture articulation of specific criteria for groups to meet in applying for such funds: these may relate to the provision of certain types of programming: children, teens, specialty cultural areas such as writer's workshops an annual application process, with clear timeframes and deadlines - transparency to the community in terms of funding allocated - clear 'reporting back' requirements so that municipal staff and Council can see the results from funds allocated provision of feedback to organizations that were unsuccessful in any given year, so that they might be more successful in the following funding round Fund Innovative Arts Projects and Ideas: Every year, new cultural initiatives and ideas should be encouraged throughout the City. One way to do this would be to allocate a certain amount of new funding (e.g. $5,000 - $10,000) to new cultural initiatives and projects. A jury -reviewed process should be set up to review applications and ideas, and award the amount to one or two of the most innovative projects that have the potential to engage the local community with cultural and heritage -related ideas and activities. Municipal staff (coordinated through the Cultural Officer position) would have a key role in advising Council on the funding to be allocated and the amounts for each group. This recommendation should be phased in over a 2-3 year period, giving existing funded organizations sufficient lead time to prepare for this new funding regime. 22 19. Capacity -Building Workshops: One of the key elements of cultural plans elsewhere is that the municipality periodically offers various capacity -building workshops to cultural groups and organizations in the community. These can typically be on a number of topics of relevance to the organizations, including: effective marketing and promotion; audience development techniques; succession planning; financial planning and management; fundraising techniques; commercialization and how to start zi business (for individual artisans and crafts -persons); and effective social marketing techniques. 20. Encourage Council Representation for MCH and Arts and Culture Advisory Committees: There are three Committees of Council that are Council's link to the arts, culture and heritage life of Niagara Falls: these are (1) the Municipal Heritage Committee, (2) the Niagara Falls Museum Advisory Board, and (3) the Arts and Culture Committee. None of these Committees has formal Council representation. This sends a very negative message to the entire cultural community regarding the importance of the sector in Council's eyes. While there is no mechanism to make Council participation on these bodies mandatory, it is strongly encouraged that Council shows a more active interest in the business of these Committees by appointing members to at least some of these Committees. 21. Reduce Number of Committees: Ultimately with the new term of Council, the City should consider merging the certain committees of council in order to reduce duplication, enhance committee mandate and encourage efficiencies. An immediate step to this effect would be to merge the Arts & Culture committee with the Museum Advisory committee to form the new Culture and Museum Committee (or possibly, simply `Culture Committee'). While each Committee has its own area of responsibility, it is fel: that there is more to be gained in common cause and information—sharing in a merged Committee than might be lost through a lack of focus on each Committee's currenl: sphere of influence. 22. Revised Public Art Policy: As a visible and tangible symbol of a commitment to public art and arts education, the City should adopt a 'policy' towards the establishment of a fund dedicated for public art. (In other words, earmark designated amount for public art purposes.) As well, more education of the public on parkland dedication policies and Section 37 provisions (which enable municipalities to grant certain development concessions in return for to be traded for community benefits) would be helpful. 23. Hold a Niagara Falls Cultural Summit: A one -day cultural summit devoted to discussing ways and means of implementing this plan should be held soon after Council has endorsed it (see Recommendation #1). This should be a facilitated session including a presentation of the plan and its key recommendations as well as a discussion of how the plan overall can be implemented. All stakeholders contributing input to the plan developed here plus the general public should be invited. 24. Accountability Report Card: Progress made on the implementation of the Culture Plan should be reported back to the community each year. It is recommended that a short (2-3 page) progress report be prepared to be shared with Council as well as with the general public. Also, possibly a Cultural Summit (see Recommendation #23) could be reprised (approximately) one year after the first Summit to present to the arts, culture and heritage organizations as well as the general public what progress has been made on the Plan, what new opportunities may have presented themselves, and to solicit direction from the community on any new directions that should be pursued. 23 NiagarapO REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW -2015-30 Riverview Park Inline Storage Facility Tender — Contract No. 2015-292-12 MW -2015-30 September 15, 2015 RECOMMENDATION 1. The contract be awarded to the lowest bidder V. Gibbons Contracting Ltd. at the tendered price of $1,735,584.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY As part of the City's Infrastructure Renewal Program, this project received funding approval in the 2015 Capital Budget. The storage facility at Riverview Park is anticipated to alleviate the risk of basement flooding in Chippawa, including properties within the Cattell Drive, Chipman Crescent and Sarah Street area. The online storage will consist of 351 meters of large horizontal elliptical pipe able to provide flooding protection during a five year storm event. Construction is expected to take one hundred and twenty (120) working days. BACKGROUND Basement flooding caused by surcharged sanitary sewers has been a recurring concern in the Chippawa area. Significant study of the problem including an analysis of proposed solutions has been recorded in a number of reports including the Chippawa Basement Flooding Analysis (April 2010), Chippawa Sewer Flooding Relief Study Class EA (December 2010) and Conceptual Design Options (November 2013). The Class EA recommended a preferred solution that included two main components: a storage tank at the South Side Low Lift Pump Station and a storage facility at Riverview Park. The Niagara Region is currently undertaking the construction of the tank at the Low Lift Pump Station which is scheduled for completion in December 2015. The storage facility at Riverview Park is anticipated to alleviate the risk of basement flooding in the 'Area of Concern No. 4' (see attached) that includes Cattell Drive, Chipman Crescent and Sarah Street. The tendered design employs approximately 350m of 1955x3075mm diameter horizontal elliptical pipe. Although the elliptical pipe is a `special order' product, the 2 MW -2n15 -3n September 15, 2015 selection was deliberate and offers a number of significant advantages over alternative design components. Specifically, the horizontal elliptical pipe operates using the forces of gravity and provides the appropriate hydraulic grade -line protection for a five year storm, without any need for pumps and related controls. The elliptical pipe design is also low maintenance given that cleansing velocities are achieved within the pipe to keep it clean of sediment and debris. A circular pipe alternative would offer significantly less capacity than the elliptical design and box culverts would require frequent, special flushing/cleaning to address sedimentation. An offline storage tank could provide an equivalent capacity to the elliptical pipe system however it would require pumps, controls and significantly more resources to operate and maintain. ANALYSIS/RATIONALE The project tender documents were picked -up by twelve (12) construction firms; ten (10) bids were submitted. A Mandatory Pre -Bid Site Meeting was scheduled for Wednesday, August 19th, 2015 at the site of the proposed construction. The purpose of the pre-bid meeting was to provide Bidders an opportunity to familiarize themselves with the existing conditions of the site by witnessing a seven (7) meter test pit excavation offering a firsthand view of the subsurface conditions likely to be encountered. All twelve contracting firms were represented at the meeting and all signed a record of attendance. Attendance was deemed a condition of contract award. The Tender Opening Committee, in the presence of the Manager of Clerks Services, Bill Matson, and the Project Manager, Sherri -Marie Millar, opened tenders on Thursday, September 3rd, 2015. The following is a summary of the totalled tender prices (excluding HST) from the contractor submissions, complete with corrections as noted. Contractor City Tender Price Corrected Bid V. Gibbons Contracting Ltd. Stevensville $1,737,164.00 $1,735,584.00 Alfidome Construction Ltd. Niagara Falls $2,174,074.25 N/A Provincial Construction Ltd. Niagara Falls $2,209,952.70 N/A Baiocco Construction St. Catharines $2,427,533.80 $2,423,260.00 Alfred Beam Excavating Ltd. Fort Erie $2,674,949.25 N/A Nexterra Substructures Inc. Niagara Falls $2,934,542.50 N/A Demar Construction Inc. Allanburg $2,948,270.52 $2,953,600.52 O'Hara Trucking & Excavating Inc. St. Catharines $3,200,127.00 N/A Peters Excavating Inc. Stevensville $3,341,085.00 N/A Centennial Infrastructure Inc. Niagara -on -the - $3,576,830.00 $3,675,530.00 Lake 3 MW -2015-30 September 15, 2015 The lowest tender price was received from V. Gibbons Contracting Ltd. in the amount of $1,735,584.00. V. Gibbons Contracting Ltd. has successfully completed many projects of this scale within the Niagara Region and for the City of Niagara Falls; they are capable of undertaking and completing this project. Construction is expected to start no later than mid-November 2015 given the lead time necessary to manufacture the special order horizontal elliptical pipe. Once underway, the contractor shall proceed continuously to project completion for an estimated one hundred and twenty (120) working days, as identified within the contract documents. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the Riverview Park Inline Storage Facility was approved in the 2015 Capital Budget. The total $3.1M budget is intended to cover construction expenditures including $140,000 for engineering services. This project was approved for a maximum $1.2M of funding through the 2015 Regional Combined Sewer Overflow (CSO) Control Policy. There is sufficient funding available for the proposed tender award. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan 2. Area of Concern Recommended by: Respectfully submitted: Sherri -Marie Millar, P.Eng. Geoff Holman, Director of Municipal Works i.2.--Ki4-W\ Ken Todd, Chief Administrative Officer MW -2015-30 AttarhmAnt 1 — SifP Plan Oct idfry 4 -LVSi:I IiGFfRY"DR.. c� �, J. Off, (f t7� �1� G4. a.1 C] fy194n ..,s ,-2. Vis. 4 , �eS,P<, 1S JS 4,4 -.iy L 1_. J Ply! ▪ 10 oy w¢ y4, �Y is J ▪ �1/ 0". Qfra- Qy•3 11 MW -2015-30 Attachment 2 — Areas of Concern • 7 s 5. lrr� • • • Ss • • \4 • • • • • 1. 'F; •U • _ei NiagaraJalls REPORT TO: SUBMITTED BY: SUBJECT: MW -2015-31 September 15, 2015 Mayor James M. Diodati and Members of Municipal Council Municipal Works MW -2015-31 Watermain Replacement Program (2013) Phase I Tender Award - Contract No. 2015-308-13 RECOMMENDATION 1. The contract be awarded to the lowest bidder Demar Construction Inc. at the corrected tendered price of $1,245,036.68. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Construction of the watermain replacements identified in the 2013 watermain replacement program will be completed in two (2) phases. Phase I will include over 1 km of watermain along Stanton Avenue, St. Peter Avenue, Atlas Street, MacDonald Avenue and Crysler Avenue. The lowest tender price for Phase I was received from Demar Construction Inc. in the amount of $1,245,036.68. As part of the City's Infrastructure Renewal Program, this project received funding approval in the 2014 Capital Budget and there is sufficient funding available to fund the proposed construction. Construction is proposed to begin by October 13, 2015, and is expected to take one hundred and thirty (130) working days. BACKGROUND City staff identified various watermain sections for replacement in the 2013 watermain replacement program. The construction work is to be completed in two (2) phases. Phase I will include the following watermain sections: 2 MW -201R -al September 15, 2015 • Replacement of approximately 137m of the existing 100mm cast iron watermain with 150mm PVC watermain on Stanton Avenue from Ferguson Street to Buttrey Street; • Replacement of approximately 390m of the existing 100mm cast iron watermain with 150mm PVC watermain on St. Peter Avenue from Thorold Stone Road to Colborne Street; • Replacement of approximately 414m of the existing 150mm cast iron watermain with 150mm PVC watermain on Atlas Street from Frances Avenue to Judith Avenue; • Replacement of approximately 53m of the existing 150mm cast iron watermain with 150mm PVC watermain on MacDonald Avenue from Stamford Street to Falls Avenue; and • Replacement of approximately 80m of the existing 150mm cast iron watermain with 200mm PVC watermain on Crysler Avenue from Queen Street to Park Street. A location plan for the Phase I work has been provided as Attachment 1. Phase II will be tendered separately. ANALYSIS/RATIONALE The project tender documents were picked -up by five (5) construction firms and four (4) bids were submitted. The Tender Opening Committee, in the presence of the Manager of Clerks Services, Bill Matson, and the Project Manager, Livia McEachern, opened tenders on Tuesday, September 8th, 2015. The following is a summary of the totalled tender prices (excluding HST) from the contractor submissions, complete with corrections as noted. Contractor City Tender Price Corrected Bid Demar Construction Inc. Allanburg $1,244,761.63 $1,245,036.68 Alfidome Construction Niagara Falls $1,403,042.00 $1,404,762.00 Nexterra Substructures Niagara Falls $1,423,732.00 Peter's Excavating Stevensville $1,587,412.00 $1,592,962.00 The lowest tender price was received from Demar Construction Inc. in the amount of $1,245,036.68. 3 MW -2015-31 September 15, 2015 Demar Construction Inc. has successfully completed many projects of this scale within the Niagara Region and for the City of Niagara Falls; they are capable of undertaking and completing this project. Construction is proposed to begin by October 13, 2015, and is expected to take one hundred and thirty (130) working days. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the Watermain Replacement Program (2013) was approved in the 2014 Capital Budget. The budget will cover all construction expenditures including material testing and engineering services. There is sufficient funding available for the proposed tender award. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Livia McEachern Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer MW -2015-31 Attachment 1 Location Map — Watermain Replacement Program (2013) Phase I Iterr REIM ATLAS STREET JUDITH AVENUE TO FRANCES AVENUE !�- - �.• I— } . : ! l — aha -.Id.. I MI ait 11-'11/771 11Y H 111 v 11a" , + , rl 1 ST PETER AVENUE THOROLD STONE ROAD TO' 'A. CO.LBORNE STREET t, 4111:1 .` 11111:7= ^,7I1141u_. , # ►' t Jif , rn THOROLD STOV rn • STANTON AVENUE- FERGUSON STREET TO BUTTREY STREET • r 0 _CRYSLER AVENUE r' PARK STREET TO QUEEN STREET MORRISON 5TREEET •t rr z ;11.i111t1 }S}1}t„11..1,. illl1 1hY1 1 Ito I..1k' bl'Y 41* _ --rznn MACDONALD AVENUE STAMFORD STREET TQC FALLS AVENUE _-, Niagarart1Is REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD -2015-42 Municipal Support Request for FIT 4 Rooftop Solar Energy Projects PBD -2015-42 September 15, 2015 RECOMMENDATION That Council adopt a Council Support Resolution for: 1. The 70kW Small Fit rooftop solar panel project at 4485 Kent Avenue. 2. The 340kW Small Fit rooftop solar panel project at 6040 Progress Street. 3. The 100kW Small Fit rooftop solar panel project at 6030 Thorold Stone Road. 4. The 250kW Small Fit rooftop solar panel project at 5900 Thorold Stone Road. 5. The 250kW Small Fit rooftop solar panel project at 4536 Portage Road. 6. The 200kW Small Fit rooftop solar panel project at 5781 Ellen Street. EXECUTIVE SUMMARY The City has received 6 requests for Council support for rooftop solar panel projects under the Province's FIT 4 Program. The FIT Program purchases power at a guaranteed rate over 20 years from wind, solar Photovoltaic (PV) panels and bio -energy facilities. This is the fourth reiteration of the FIT Program which rates applications on priority points. A Council support resolution provides an additional 2 priority points for a proposed facility. The request for a resolution for rooftop solar projects at 4485 Kent Street; 6040 Progress Street; 6030 Thorold Stone Road; 5900 Thorold Stone Road and 4536 Portage Road can be supported because: • the properties are zoned for industrial use and are located within industrial or industrial/commercial mixed areas; • the solar panels will not be visible to any nearby residential areas; • a building permit will be required if the application is approved by the Province's Independent Electricity System Operator (ieso). The request for a resolution for a rooftop solar project at 5781 Ellen Street can be supported because: 2 pan -2015-42 September 15, 2015 • the property is located within a Tourist Commercial area and will not have an impact on surrounding uses; • the nearby residential uses are legal non -conforming; and • a building permit will be required, if the application is approved by the Province's Independent Electricity System Operator (ieso). BACKGROUND The FIT (Feed in Tariff) Program was developed under the Province's Green Initiatives to encourage and promote greater use of renewable energy sources such as wind, solar photovoltaic, waterpower, among other sources. In January 2015, the Independent Energy Supplier (ieso), who now administers the FIT Program, was merged with the Ontario Power Authority. The Program allows the Independent Electricity System Operator (ieso) to purchase power at a guaranteed rate over 20 years from successful applicants with wind, solar Photovoltaic (PV) panels or bio -energy facilities. Facilities that generate 10kW to 500kW are considered under the Small FIT Program. Quotas are set by the Province for each Application Period. These applications would be entered into the FIT 4 Application Period which runs from September 30 to October 23, 2015. The Program uses a standardized process that awards points based on facility type and possible additional priority points. Applicants can earn two points if they have received a Council resolution supporting the application. Applications can be submitted under the FIT program without Council support however they will not receive the two (2) points. Approval of the solar projects rests with the ieso. Small projects, such as rooftop and ground mounted solar power systems are exempt from Renewable Energy Approvals and any public consultation however, they still remain subject to municipal building permits. ANALYSIS/RATIONALE City Council considered a request to pass a blanket resolution for Small FIT Projects at the October 23, 2012 meeting. It was decided that Council's support for these projects be considered on a site specific basis thus providing the City of Niagara Falls with some level of notification regarding the possible location of the facility and the consideration of possible impacts on neighbouring lands. The City has received the following requests for Council support for solar facilities under the FIT 4 program. 4485 Kent Avenue The Independent Brotherhood of Electrical Workers Union Local 303 (IBEW) is proposing a 70kW rooftop photo voltaic solar panel facility on the flat roof of an existing industrial building. Appendix 1 shows the location and streetview of the property. The properties surrounding 4485 Kent Avenue are zoned for and are built as light industrial uses. The 3 PBD -2015-42 September 15, 2015 QEW and a solid sound barrier wall separates the subject lands from residential uses to the east. There should be no adverse impact of the rooftop panels on surrounding uses. 6040 Progress Street The Greater Niagara Renewable Energy Co-operative Inc. is working on behalf of the Niagara Industrial Mall at 6040 Progress Street to install a 370kW rooftop photo voltaic solar panel facility. The panels will cover the southern half of the roof of the existing industrial building. The existing building is approximately 7,060 m2 (76,000ft2) in size and occupies a 2.2 ha (5.5 ac) property within the Stanley Industrial Park and is well setback from the street edge. Appendix 2 shows the view of the building from the street and an aerial view of the property. The proposed panels would angle no more than 0.3m (1') from the roof surface and will have no impact on the neighbouring land uses. 6030 Thorold Stone Road The Greater Niagara Renewable Energy Co-operative Inc. is working on behalf of Autoline Toyota at 6030 Thorold Stone Road to install a 100kW rooftop photo voltaic solar panel facility. The dealership is 2,200 square metres (23,649 square foot) in size and has generous side yard setbacks to the east and west and is well set back from Thorold Stone Road. The surrounding land uses are primarily commercial or industrial. To the south is a large industrial warehouse building, a commercial plaza to the west and north and a commercial/industrial building to the east. A row of dwellings south west of the site, along the west side of Caroli Avenue is removed from the property and should not be affected by the solar panels. Appendix 3 shows the streetview, aerial and rooftop panel layout for the facility. In 2013 Council provided support for a 40kW rooftop solar panel proposal on this property (which was never installed). 5900 Thorold Stone Road The Greater Niagara Renewable Energy Co-operative Inc. is working on behalf of Thorstone Properties Ltd. at 5900 Thorold Stone Road to install a 250kW rooftop photo voltaic solar panel facility. The site is occupied by an approximately 15,400m2 (165,855ft2) industrial warehouse. The building occupies almost the entirety of the site. The surrounding land uses to the north, east and south are commercial or industrial. To the west of the site, along the west side of Caroli Avenue, is a row of residential properties that are zoned Deferred Commercial which permits detached dwellings and existing uses. The rooftop panels are proposed for a section of the roof that is setback approximately 76 metres (250 feet) from the property line. The flat nature of the solar panels (rising 1' at its peak angle) should restrict the visibility of the solar panels from those residences. Appendix 4 shows the streetview, aerial and rooftop panel layout for the facility. In 2013 Council provided support for a 500kW rooftop solar panel proposal on this property (which was never installed). 4 4536 Portage Road pRn_2n15-d2 September 15, 2015 The Greater Niagara Renewable Energy Co-operative Inc. is working on behalf of Sleek Developments at 4536 Portage Road (Buildall Siding Warehouse) to install a 250kW rooftop photo voltaic solar panel facility. The property is located within a General Industrial (GI) Zone and is adjacent to a commercial property to the north and an Institutional Property to the south (Saint Antoine Church). Appendix 5 shows the solar panel layout utilizing almost all of the 12,192m2 (40,000ft2) building and an aerial view of 4536 Portage Road and surrounding lands. The solar panels will cover the flat rooftop portions of the building and should not be visible at street level or by neighbouring structures which are all well setback from the building. In 2013 Council provided support for a 300kW rooftop solar panel proposal on this property (which was never installed). 5781 Ellen Street The Greater Niagara Renewable Energy Co-operative Inc. is working on behalf of 2075790 Ontario Inc. at 5781 Ellen Avenue install a 200kW rooftop photo voltaic solar panel facility. The existing one storey, 2,694m2 (29,000ft2) building, along with the adjacent properties, is designated and zoned for Tourist Commercial uses. The lot runs through from Ellen Street to McGrail Avenue and contains the Greg Frewin Theatre. The surrounding uses include hotels which are more than one storey in height and residences to the southwest along McGrail Avenue. Appendix 5 shows a streetview from those residences as well as an oblique view of building and surrounding land uses. The solar panels may be visible from the multi-storey residences along McGrail Avenue as the existing building is approximately 7.5m (25') from the property line. However, these residences are designated and zoned for Tourist Commercial use and are considered legal non -conforming. The intent of legal non -conforming uses under the Official Plan is that over time they will eventually develop in conformity with the tourist commercial designation. As such the resolution of support can be supported. The City supports investment in green energy and industrial areas are an optimal location for such development. As such, a resolution can be supported for the proposed rooftop solar project for the purpose of enabling the applicant to receive priority points under the FIT program. FINANCIAL/STAFFING/LEGAL IMPLICATIONS This request has no impact on the City's finance, staffing or legal interest. CITY'S STRATEGIC COMMITMENT The proposal is consistent with the City's strategic goal for economic vitality by attracting green energy projects. LIST OF ATTACHMENTS ➢ Appendix 1 ➢ Appendix 2 ➢ Appendix 3 ➢ Appendix 4 ➢ Appendix 5 ➢ Appendix 6 5 PBD -2015-42 September 15, 2015 — 4485 Kent Avenue; Location map, panel layout & street view — 6040 Progress Street; Location map, panel layout & street view — 6030 Thorold Stone Road; Location map, panel layout & street view — 5900 Thorold Stone Road; Location map, panel layout & street view — 4536 Portage Road; Location map, panel layout & street view — 5781 Ellen Street; Location map, panel layout & street view Recommended by: Respectfully submitted. 11/44 ittiL12.614-1 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. S:\PDR\2015\PBD-2015-42,Municipal Support Request for FIT 4 Rooftop Solar Energy Projects docx 6 PBD -2015-42 September 15, 2015 APPENDIX 1 Location Map c,Au ma .' WeRISCA {T 4485 Kent Avenue - 70kW Rooftop Solar i i is (AR[ DII V Streetview from Kent Avenue v,0000,2.1 7 PBD -2015-42 September 15, 2015 APPENDIX 2 6040 Progress Street - 370kW Rooftop Solar (Building Outline) . . . .... .. .. .. 3r -v-0044- tan! Westerly streetview from Kister Road Northerly streetview from Progress Location Map 8 PRn_?n15-2 September 15, 2015 APPENDIX 3 Location Map nUMilii q, sqvitr4vith Gi 6030 Thorold Stone Road - 370kW Rooftop Solar (Building Outline) Streetview from Thorold Stone Road Location Map c. !WOW +l' M TH r 9 APPENDIX 4 5900 Thorold Stone Road — 250kW Rooftop Solar er.caOilD n 1R all MI ST 114RITIS 'ST PBD -2015-42 September 15, 2015 Streetview from Carroll Avenue 4.4 Panel layout .4,..ri 41 -44 0-411-44 74441, .4444444.444 4.444- 44.4.44,44444444444444444.4.4 4444 rgr44444F4444444 444444444444444444444444 4444, .444..44444.4. 4 i+ tinct ..1-- 44444.4444.44.444444. ,- 4.4164* 144.6.341. 111464.1.' a 4 l • 10 PRn_9n154.7 September 15, 2015 APPENDIX 5 4536 Portage Road-250kW Rooftop Solar 4.1,11I14la% 4. Panel layout KtviENO t1 11 PBD -2015-42 September 15, 2015 APPENDIX 6 5781 Ellen Avenue — 200kW Rooftop Solar Streetview from residences along McGrail Panels to cover all of roof except for vents NiagaraFalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2015-09 Gale Centre Renewal Agreements R&C-2015-09 September 15, 2015 RECOMMENDATION That Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the following Gale Centre renewal agreements; FRT Hospitality, Front Row Sports and the Niagara Junior C Riverhawks for their respective use of the Gale Centre and amenities. EXECUTIVE SUMMARY City Council approved lease agreements with FRT Hospitality and Front Row Sports to provide services at the Gale Centre, Report R&C-2010-14, May 31, 2010. The five- year lease agreements included a renewal option for five additional years. License Agreements were also approved for the Junior B and C hockey clubs, R&C- 2010-22, November 8, 2010. The Junior B License Agreement was renewed last spring for five years due to change of ownership. BACKGROUND Prior to the opening of the Gale Centre, staff issued a Request for Proposal (RFP) for a retail pro shop, exclusive food and beverage service and advertising for the arena. Proposals were received, evaluated with recommended proponents presented to Council for its approval. Following Council's approval lease agreements were developed for each private business outlining their commitment and obligations. Both junior hockey clubs have operating agreements with the City of Niagara Falls for their respective use of the Gale Centre facilities and amenities. The agreements outline the club's exclusive space; dressing room, office and storage space, and their operating grant in lieu of past advertising revenue. 2 ANALYSIS/RATIONALE R&C-2015-09 September 15, 2015 The renewal agreements clarify the operating procedures for the private businesses for a five-year term and the Junior C Hockey Club additional five year term. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The two private business agreements will provide annual revenue of approximately $50,000 to the Gale Centre operations budget. Prior to the opening of the Gale Centre in 2010, staff forecasted the facility utilization throughout the year. Targets haven been achieved for fall/winter prime time but have not been achieved for spring/summer ice. To reduce energy costs the Gale Centre operates three pads of ice May to mid-August thus reducing the overall spring/summer ice utilization. Due to reduced facility utilization the spring/summer rent payments have been reduced for Breakaways and Front Row Sports. CITY'S STRATEGIC COMMITMENT Financial Stability, committed to be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources. The non -tax revenue assists in reducing the Gale Centre operating budget. Recommended by: • e"7/(4eettezew Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: p Y Ken Todd, Chief Administrative Officer /577- NiagaraFa1Is REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2015-12 2015 Sports Wall of Fame Inductees R&C-2015-12 September 15, 2015 RECOMMENDATION That Council approve the following 2015 Sports Wall of Fame Inductees Pre 1980 Era: Name Category Sport A.N. Myer Senior Football Champions, Team Football 1965-1966 Bob Chamberlain Builder Hockey Howard "Bud" Moreau * Athlete Power Lifting 1981 - 2000 Era: Name Category Sport Larry Landon Athlete/Builder Hockey Nina Orescanin-Wicken * Athlete Rugby, Soccer Algie Vant Builder Lacrosse 2001 - Present Era: Name Category Sport Bruno Agostinelli * Athlete Tennis Jeff Lounsbury Builder Baseball John Surla * Athlete Football Lisa Collison-Surla * Athlete Soccer Charmaine Reid * Athlete Badminton *Automatic 2 EXECUTIVE SUMM4ARY R&C-2015-12 September 15, 2015 The Sports Wall of Fame Committee annually hosts the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who has brought fame to our City. The 2015 Sports Wall of Fame Induction Ceremony is scheduled for Sunday, January 24, 2016 BACKGROUND For the past 26 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather sponsors to cover the cost of the program and the reception. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are currently located. ANALYSIS/RATIONALE The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. The Sports Wall of Fame Committee is reviewing the Constitution this fall. FINANCIAL/STAFFING/LEGAL IMPLICATIONS City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. As noted above, the Committee works to gather sponsors to cover costs of the program and the reception. CITY'S STRATEGIC COMMITMENT The City's Strategic Priorities for 2015-2018 include committing to building and promoting a vibrant, sustainable city that supports an active, connected, and creative community. 3 ATTACHMENT 1. 2015 Sports Wall of Fame Inductees Achievements Recommended by: Respectfully submitted. R&C-2015-12 September 15, 2015 v<iGtrrCctifid4.luee,c, Kathy Moldenhauer, Director of Recreation and Culture Ken Todd, Chief Administrative Officer 2015 Niagara Falls Sports Wall of Fame Inductees Pre 1980 Era Name Category Sport Brief Bio A.N. Myer Senior Football Champions, 1965-1966 Team Football First A,N. Myer Football Team to win the Zone Championship. At the time of their accomplishment, Zone was the farthest the team could compete. Bob Chamberlain Builder Hockey Coached hockey for 40+ years, taking teams to OMHA AA Championships. Howard "Bud" Moreau Athlete Power Lifting In the 1970's, Bud won seven Canadian Powerlifting Championships in the 75 kg class. In 1972, Bug won silver at the World Powerlifting Championships — the first Canadian to win a medal at this, competition. 1981-2000 Era Name Category Sport Brief Bio Larry Landon Athlete/Builder Hockey Played hockey for the Montreal Canadians & Toronto Maple Leafs in the mid 80's; PHPA Executive Director & relocated PHPA to Niagara Falls in 2010 Nina Orescanin- Wicken Athlete Rugby, Soccer Ontario Women's Rugby Team, 1988-1996; Canadian Women's National Rugby Team (1992-1996); participated in the International Women's World Cup, Scotland 1994 Wilfred Laurier University Soccer Team — Provincial Champs 1990-'92, National Champions 1992, WLU Hall of Fame Inductee 1998. Algie Vant Builder Lacrosse Created Niagara Falls Minor Lacrosse League (multiple teams, multiple age groups) ensuring all could participate in Regional leagues(70-'76) -2- 2001 - Present Era Name Category Sport Brief Bio Bruno Agostinelli Athlete Tennis Ontario Junior Tennis Team 1993; Team Canada, Junior Davis Cup 2001; OFSAA Champion 2005; Provincial Champion 1995 & 2001; National Champion 2001, 2000, International Junior Champion 1999, 2000, 2001. Team Canada & Davis Cup Member 2009 & National Tennis Coach with Tennis Canada 2010 -Present Jeff Lounsbury Builder Baseball Head Baseball Coach with Brock Badgers. 19 seasons with Brock — recorded 479-225-5 record including two CIBA National Championships, & four OUA Championships. In 2014, led the Badgers to a 37-5 overall record, 17-1 conference record and its fourth OUA Championship. In 1997, Head Coach of Ontario Connie Mack's Welland Renegades and 2000 served as Head Coach of Hamilton Cardinals; Instructor at Canadian Baseball Academy, Can -An Instructional Clinic & Brock University's Developmental Clinics John Surla Athlete Football CFL free agent with Winnipeg Blue Bombers and Montreal Alouettes; Played for University of Western Mustang Football Team (2007-2010): named Western Rookie of the Year, Western Defensive Player of the Year (twice), First Team OUA All-Star (3 times), OUA Defensive Player of the year in 2009, 3 time Team Captain, OUA Yates Cup Champions (3 times); Mitchell Bowl Champions Lisa Collison-Surla Athlete Soccer 2006, Lisa played in the World Cup in Russia; 2003-2006, Lisa played in a CONCACAF Tournament, beating the US to win Gold & qualifying for the 2004 World Cup in Thailand. (CONCACAF - The Confederation of North, Central America and Caribbean Association Football is the continental governing body for association football in North America, Central America and the Caribbean.) In 2003, Lisa was selected to play on the U-16 Canadian National Women's Soccer Team to represent Canada at the Pan Am Games in Dominican Republic. Represented Team Ontario at four Canadian Championships. U-17 Canadian Championships winning gold and silver. U-15 Canadian Championships won gold medals in 2000 & 2001 Charmaine Reid Athlete Badminton National Badminton Champion — five (5) times: Pan American Games Gold Medalist (2003); Pan Am Games participant 1999, 03, 07 (1 gold, 4 silver); 2004 Olympian; Competed in ten (10) World Championships. Niagara' c .lI.s REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2015-14 Arts & Culture Wall of Fame 2015 Inductees R&C-2015-14 September 15, 2015 RECOMMENDATION That Council approve the following 2015 Arts & Culture Wall of Fame Inductees: • Phoebe Jean (Carol) Ede • Donald Fredrick Ede • Charles Trice McClive (Clive) Jacklin • Todd Liddiard • Anthony J. Smith EXECUTIVE SUMMARY The Arts & Culture Committee oversees the selection of Inductees for the Niagara Falls Arts & Culture Wall of Fame. Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present that reflect the best of Niagara Falls. This year's Induction Ceremony is scheduled for Saturday, October 31, 2015. BACKGROUND On August 20, 2015, the Arts & Culture Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 2015 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions. Inductees must illustrate the following to be inducted onto the Wall of Fame: a) Outstanding achievement in their artistic or cultural field. b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally. 2 R&C-2015-014 September 15, 2015 c) A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time. d) Community Sponsors must have a minimum of five (5) years of significant contribution. Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been recognized for their art through national or international acclaim will be eligible for automatic induction. ANALYSIS/RATIONALE The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame, the Committee is able to recognize individuals, groups, community builders, community sponsors, and works of art that have contributed to enriching the lives of Niagara Falls residents, our communities, environment, and economy. The Arts & Culture Wall of Fame continues to raise awareness and the profile of culture's contribution to our daily lives and will hopefully inspire future artists, community builders, and communities sponsor. The City of Niagara Falls Arts & Culture Committee is pleased to acknowledge the contributions of individuals and groups that have contributed to the culture of Niagara Falls. The nominees that were selected to be inducted meet all of the requirements for induction. FINANCIAL/STAFFING/LEGAL IMPLICATIONS City Staff will coordinate the Induction Ceremony and have budgeted $1800.00 from the Arts & Culture Committee budget for framing of bios and photos, keeper plaques for inductees, and food and refreshments. CITY'S STRATEGIC COMMITMENT The City's Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. LIST OF ATTACHMENTS 1. Background Information on 2015 Arts & Culture Wall of Fame Inductees Recommended by: Respectfully submitted: 3 R&C-2015-014 September 15, 2015 711411-(64&th/r Kathy Moldenhauer, Director of Recreation and Culture Ken Tod , Chief Administrative Officer Attachment # 1: R&C-2015-14 2015 Arts & Culture Wall of Fame Inductees Background Information Phoebe Jean (Carol) Ede • Life-long resident of Chippawa • At an early age studied oil and watercolours • Designed custom fabric paintings • Taught at Peterson Community Workshop for 12 years • She is an active member of the Parkway Artists Guild, the Chippawa Artists Association and the former Niagara District Art Association • Also a member of the Village of Chippawa Citizen's Committee, Willoughby Historical Society, Willoughby Museum and the Peterson Community Workshop • Has won various awards for her paintings and has donated many works to local charities for fundraising purposes • She has also written "History of the Village of Chippawa - Sesquicentennial 1850 - 2000" Donald Fredrick Ede • Born in Willoughby Township and a long-time resident of Chippawa • An avid collector of the history of Chippawa • Actively displays his material to events such as at the Chippawa Lions events, the Heritage Week at Niagara Square, Willoughby Historical Museum, The Willoughby Township Hall, Cummington Square, and numerous other occasions • Well known in the community as "Mr. Chippawa" for his knowledge, passion and fondness in sharing the history and identity of Chippawa • Mr. Ede, has been a member and sat on committees such as: the City of Niagara Falls Municipal Heritage Committee, the Willoughby Historical Society, the Willoughby Museum and the Village of Chippawa Citizen's Committee and the Niagara Parks Commission Committee for the Battle of Chippawa Charles Trice McClive (Clive) Jacklin • Born on Main Street in Niagara Falls Started at the Niagara Falls Review as a cub reporter in 1939. His time was broken up during World War II, however, he came back to the Review and continued to report on the stories of the community until 1986. Held many positions at the paper including News Editor Was one of 25 Canadian reporters who contributed to Time and Life magazines He studied music at He was the organist at Drummond Hill Presbyterian Church and continued to play and organize music during the War While stationed in Newfoundland, he organized a singing group called the "Groupaires", was appointed the Organist at Gower Street United Church in Newfoundland and performed weekly radio broadcasts He lectured in children's church music at Waterloo University. He led junior church choirs and he assisted in the building of several church organs around the region. Todd Liddiard • • • A graduate of Seneca College of Applied Arts and Technology (Visual Effects & Compositing) & Niagara College of Applied Arts & Technology (Electronics Engineering Technology) Mr. Liddiard has progressively moved up in the film industry. Working for such groups as Lucas Film and Sony Pictures. He is currently the Senior Compositor for Industrial Light and Magic. He has 45 films to his credit, including: Star Wars: Episode VII - The Force Awakens, Avengers: Age of Ultron, Tomorrowland, Transformers: Age of Extinction, Edge of Tomorrow, The Smurfs 2, OZ: The Great and Powerful, The Avengers and Battleship His awards and honours include: o 2008 Emmy Award Nomination: Outstanding Special Visual Effects for a Miniseries, Movie or a Special for: "Tin Man" o 2008 Visual Effects Society Award Nomination: Outstanding Compositing in a Broadcast Program or Commercial for: "Tin Man" o 2008 Leo Award Win: Best Visual Effects in a Dramatic Series for: "Tin Man" o 2007 Gemini Award Win: Best Visual Effects for: "Stargate: Atlantis" o 2005 Gemini Nomination: Best Visual Effects for: "Stargate: Atlantis" o 2003 Leo Award Win: Best Visual Effects in a Dramatic Series for: "Andromeda" o 2001 Leo Award Win: Best Visual Effects in a Dramatic Series for: "Andromeda" Anthony J. Smith • A technical illustrator by vocation, Mr. Smith moved to Niagara Falls in his retirement and devoted time and energy to the local art scene both as a volunteer and by displaying his work at various venues Long-time member and President of the Niagara District Art Association Past member of the Arts and Culture Commission Board member of the Niagara Falls Art Gallery (15 years) Member of the Parkway Artists Guild Reinstated and Organized the Halloween Paint Out for 8 years NIAGARA FALLS PUBLIC LIBRARY 4848 Victoria Avenue Niagara Falls ON L2E 4C5 Phone: 905-356-8080 Fax: 905-356-7004 www.nflibrary.ca August 24, 2015 His Worship Mayor Jim Diodati Members of City Council City of Niagara Falls, Ontario Members: Re: PUBLIC LIBRARY WEEK PROCLAMATION October is Canadian Library Month and during this month, libraries and their partners across Canada raise awareness of the valuable role libraries play in the lives of all Canadians. In Ontario, we celebrate our public libraries during Ontario Public Library Week (OPLW) October 18-24, 2015. Public libraries are changing — no longer are we "shush zones". Our purpose and services have expanded dramatically to become places for people to better themselves and their community. Residents of Niagara Falls can be proud of their library, which continues to offer free, equitable and no barrier access to information, resources and services to address the needs of our diverse community from preschool to retirees, newcomers, businessmen and seniors. The Niagara Falls Public Library Board kindly requests that City Council proclaim October 18th — 24th, 2015; "Public Library Week" in Niagara Falls. We encourage everyone (Councilors included) to visit their public library this month and throughout the year. Sincerely, Monika Seymour Chief Librarian ONTARIO PUBLIC LIBRARY WEEK Proclamation WHEREAS public libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS public libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge-based economy; WHEREAS public libraries bolster economic prosperity by providing access to essential decision-making information for organizations and businesses; WHEREAS public libraries enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourish and thrive; THEREFORE, I hereby designate that October 18 - 24, 2015 is Public Library Week in Niagara Falls Signature �curE-� Ontario 80 Commerce Valley Drive, East., Suite 1 Markham, ON L3T OB2 Phone: 905-739-9739 • Fax: 905-739-9740 Web: cupe.on.ca E-mail: cupeont@web.net August 1, 2015 To Ontario Mayors and Councils, We are writing to ask you and your council to proclaim Child Care Worker & Early Childhood Educator Appreciation Day, October 8, 2015, a day of recognition for the many people who work providing child care in your community. This year will mark the 15th anniversary of our awareness day that recognizes the education, skills, commitment and dedication of Early Childhood Educators (ECEs) and child care staff, and each year is proclaimed by municipalities and school boards across Ontario. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and other labour and community partners are asking that Thursday, October 8, 2015, be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of municipal resolution. Such a day allows us to acknowledge the important contributions of child care workers and ECEs. Our children, families and communities benefit from the work of child care workers and ECEs. Child Care Worker & Early Childhood Educator Appreciation Day allows us to highlight the important work of these professionals. Even if your council does not issue official proclamations, there are many ways for your municipality to participate in this special day. Your council could sponsor a public announcement, display our posters and distribute our buttons. Many municipalities also organize events and contests for the day or have councilors or the mayor participate in events hosted by child care centres within the municipality. A list of ideas and examples is attached. We would like to acknowledge those municipalities celebrating child care workers and ECEs across Ontario on October 8th, 2015. Let us know whether your municipality is participating in the recognition day and we will add your municipality to our list of proclamations. Please direct any correspondence on proclamations and/or celebration activities to the attention of Lori -Ann Tanzola, by mail: CUPE, 80 Commerce Valley Drive East, Markham, Ontario, L3T OB2 or by fax at 905-739-4001. Thank you for your consideration, In solidarity, c1trd Aka._ Fred Hahn President, CUPE Ontario Division cc: CMSMs/DSSABs rf l l4l 4• S AUG 05 2515 MAYOwS OFFICE Sheila Olan-Maclean President, OCBCC us:cope491 CHILD CARE WORKER & ECE APPRECIATION DAY 2015 15TH ANNIVERSARY — OCTOBER 8TH, 2015 This year marks the 15th annual Child Care Worker & Early Childhood Educator Appreciation Day, which will be held on Thursday October 8th 2015. On this day we recognize the hard work, meaningful care and continuous learning these educators provide children every day. This year's theme is THE KEY TO QUALITY in recognition of the essential role that educators play in quality programs. Ideas to celebrate the day! Municipalities • Place an ad in the local newspaper announcing Child Care Worker and ECE Appreciation Day. •Take nominations from local child care centres for outstanding staff to be recognized by the Mayor through a letter, announcement or event. • Encourage local councillors to tour child care centres to find out more about this important work. Event could also generate media coverage. • Organize a community -wide celebration to recognize individual staff or centres and programs. School Boards • Insert the day on the monthly calendar of October. • Arrange to have the day announced on the PA the morning on Thursday October 8th. • Encourage classes of grade 7 and 8 students to visit the child care centre. Students may ask the educators about their role as an ECE. • Insert the day on the monthly calendar of October. • Set up a wall of fame where parents have the opportunity to say thank you to each staff. Child care centres • Host a pizza lunch for the staff. Give each staff member a certificate of appreciation. • Have every staff in the centre vote on one child care champion of the year. • Set up a board near the entrance of the centre where parents may write thank you notes. • Have a sign on the door of the centre saying, "Today is the 15th annual Child Care Worker & Early Childhood Educator Appreciation Day". Show ECEs your appreciation on social media • Share photos of how you're celebrating Child Care Worker and ECE Appreciation Day. • Use the hashtags #CCWAD or #ECEappreciation • Share an event prior to the date to raise awareness and get more people involved. • Write a kind message about a child care provider you know. Please contact the OCBCC to order posters, buttons and certificates of appreciation. Ontario Coalition for Better Child Care Phone: 416-538-0628 x 2 / toll-free 1-800-594-7514 x 2 Email: campaigns@childcareontario.org ogs jri mN"l rr�r"c ;..fir rc.9.; ge t,e( Ch d Care 15th Annual Child Care Worker & Early Childhood Educator Appreciation Day October 8, 2015 Resolution Whereas years of research confirms the benefits of high quality child care for young children's intellectual, emotional, social and physical development and later life outcomes; and Whereas child care promotes the well-being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas Many studies show trained and knowledgeable Early Childhood Educators and child care staff are the most important element in quality child care, and that good wages and working conditions are associated with higher job satisfaction and morale, lower staff turnover which leads to high quality education and care; Therefore Be It Resolved that October 8, 2015 be designated the 15th annual "Child Care Worker & Early Childhood Educator Appreciation Day" in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. us/ cope49l Dean Iorfida From: Carey Campbell Sent: Tuesday, September 08, 2015 2:49 PM To: ''; Dean Iorfida Subject: RE: What's the Deal with all the TEAL? Attachments: Amherstproclamation_-_trigeminal_neuralgia_awareness_day_20141007_amhers....pdf Hello Brenda: Thank you for your email and proclamation that you sent to Mayor Diodati. I am including Dean Iorfida, City Clerk, in order to ensure that this comes before Council at the appropriate time. Thanks for reaching out. Best, carey CAREY CAMPBELL Executive Officer Office of the Mayor and CAO City of Niagara Falls 905 356 7521 x 4206 ccampbell@niagarafails.ca See more of Mayor Jim at From: Brenda Sharp [mailto] Sent: Tuesday, September 08, 2015 11:31 AM To: Jim Diodati Subject: Fwd: What's the Deal with all the TEAL? Good morning Mayor Diodati! My name is Brenda Sharp, and I am the Support Group Leader for the Niagara Region's Trigeminal Neuralgia (TN) Support Group. Trigeminal Neuralgia (TN) is a neuropathic disorder characterized by intense pain in the face. It has been described as the most painful condition known to mankind. Raising awareness will help us find a cure! i Numerous landmarks, bridges and buildings around the world are already on board for our upcoming 3rd International Trigeminal Neuralgia Awareness Day on October 7th, 2015. Countries including Canada, the United States, Ireland, United Kingdom, Australia, Qatar, Columbia, New Zealand, China, Singapore, Scotland, Taiwan and Estonia will be lighting up their finest for us! These landmarks will be lighting up TEAL to raise awareness for this little known, but devastating disorder. We are so honoured that The Niagara Falls, The Skylon Tower, The Fallsview Casino Resort, and The Peace Bridge have agreed to light up TEAL on October 7th to help us raise awareness! For a complete list of places, please visit www.tnnme.com/2015-light-up-teal.html In addition, many cities and towns across Canada and the U.S. have gone the extra mile and proclaimed that October 7th be declared International Trigeminal Neuralgia Awareness Day! Would you be so kind as to consider adding Niagara Falls to that list to show support? This would go a long way in educating people about TN so they would know the answer to "What's the Deal with all the TEAL?". Thank you in advance for any help you are able to provide. If you would like any more information on TN, please do not hesitate to contact me. Sincerely, Brenda Sharp Trigeminal Neuralgia Association Niagara Chapter Support Group Leader sample proclamation attached: 2 ere dir F.11I'1I IN 1', 'FI.I RIPE F IN OUR FROEll'i'I's PROCLAMATION Trigeminal Neuralgia Awareness Day October 7, 2014 WHEREAS trigeminal neuralgia is a disorder of the fifth cranial nerve that is often called the world's worst pain; and WHEREAS trigeminal neuralgia causes sharp, stabbing, electric -like face pain, and it is not unusual for sufferers to end their lives trying to escape the agonizing pain; and WHEREAS the episodes of pain can strike anytime, anywhere, and last for extended periods leaving the person helpless and incapacitated; and WHEREAS October 7, 2014 marks the second annual International Trigeminal Neuralgia Awareness Day which will see landmarks around the world, including Canada's Niagara Falls, CN Tower and BC Place, lighting up teal for the evening in support of this awareness; THEREFORE, I, Robert Small, Mayor of Amherst hereby proclaim October 7, 2014 to be Trigeminal Neuralgia Awareness Day in Amherst with the lighting of Victoria Square to support the fighters, admire the survivors, honour the taken, and never give up hope for a cure. Robert Small Mayor 98 Victoria Street East, P.O. Box 516, Amherst, Nova Scotia, Canada B4H 4A1 Phone: (902) 667-3352 Fax: (902) 667-3356 www.amherst.ca Dean Iorfida From: AMO Communications <communicate@amo.on.ca> Sent: Wednesday, September 09, 2015 11:08 AM To: Dean Iorfida Subject: AMO Breaking News - AMO Support for the Syrian Refugee Crisis - Call to Action September 9, 2015 AMO Support for the Syrian Refugee Crisis — Call to Action Dear Colleagues, Like you, I have been deeply affected by the disturbing images and stark realities of the Syrian refugee crisis. It is a situation that cries out for compassion and action. AMO is challenging all of its member municipalities to donate at least $100 to aid in the international effort to resettle the Syrian refugees in safe countries. We hope to raise at least $40,000. This goal will help save two families and if we raise a greater amount, we can help save more families. Donations can be made by cheque payable to Association of Municipalities of Ontario, with "Syrian Refugee Crisis" in the description field, and forwarded by Friday, October 2. AMO will donate all of the proceeds to Lifeline Syria. This organization is seeking to resettle and integrate 1,000 Syrian refugees in Ontario over the next two years, reuniting them with their families. Lifeline Syria is a community-based initiative that will do this by helping to recruit, train, and match private refugee sponsors in Ontario with Syrian refugees approved for resettlement by the federal government. Sponsors will include organizations, individuals, or groups of individuals such as faith -based groups. The Ontario government has provided seed funding to Lifeline Syria to support its work but it is reliant on public donations to fulfill its mandate. More information about the organization and the initiative is found on the Lifeline Syria website. I know how municipal governments in Ontario rally to help one another and their neighbours. I implore you to accept this challenge and donate to this worthy cause. It is one small way we can help ease the suffering of others through our financial contributions. Sincerely, Gary McNamara President, Association of Municipalities of Ontario P.S. For other ways to help, see International Organizations Seeking to Assist Syrian Refugees. PLEASE NOTE: AMO Breaking News will be broadcast to the member municipality's council, administrator, and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER: Any documents attached are final versions. AMO assumes no responsibility for any discrepancies that may have been transmitted with this electronic version. The printed versions of the documents stand as the official record. 1 Niagara Falls 4660 Queen Street Niagara Falls, Ontario L2E 2L8 Telt: 905-356-5.141 Fax: 905-356-5667 info@theqevents.com w-ww,thegevent.s.ca August 20th, 2015 His Worship Mayor Diodati & Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Event Organizers: Celebrate Old Downtown Event: Cruising on the Q Finale Dear Members: Celebrate Old Downtown Community Corp. (COD) is a not -profit organization with a mandate to promote the downtown core through events. The COD is planning a number of street events throughout the 2015 -year in co-operation with other event organizers. We will be holding our Cruising on the Q finale on October 3rd, 2015, from 10am to 5pm. Street Closure: We would kindly request permission to close Queen Street from St. Lawrence Ave to St. Clair. Please keep both St Lawrence Ave and St. Clair Ave open for vehicle traffic. This section of Queen Street will become a pedestrian only area. We would like the closure to happen October 3rd, 2015 at 8am and reopen at 8pm.We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Stage: We are going to have a stage that will be placed at the intersection of Crysler Avenue and Queen Street on Crysler Avenue. This stage will be used only for smaller scale bands. This area will be operational during a similar time of the event. Sincerely, Ant any Badovinac Chairman, Celebrate Old Downtown Dean Iorfida From: Terry McDougall <TMcDougall@alzheimerniagara.ca> Sent: Monday, August 10, 2015 2:27 PM To: Dean Iorfida Subject: Request for Delegation Good afternoon Mr. lorfida. I would like to request the opportunity for our delegation, on behalf of the Alzheimer Society of Niagara Region, to appear at your Council meeting on Tuesday, September 15th. We would like to talk about our upcoming Coffee Break campaign, which will kick off at Brock University on September 17th. We will also be bringing updates regarding dementia in the Niagara Region and present Mayor Diodati with his Coffee Break kit. I can forward a copy of the presentation and confirm who will be in attendance on our behalf by the end of August. I thank you in advance for your consideration and look forward to hearing from you in this regard. Sincerely, Terry McDougall (Mrs.) Director of Fund Development Alzheimer Society Niagara Foundation 403 Ontario St., Unit #1 St. Catharines, ON L2N 1L5 P H : 905-687-6856 ext. 556 FX: 905-687-9952 trncdouga!![a alzheimerniagara.ca wwvu.alzheimerniagara.ca 2015 NATIONAL COFFEE BREAK CAMPAIGN RUNS FROM SEPT - DEC 2015 Goff (€ BRERK y4uft L office. ctalon ol cehurch. I Order a free kit todayt Call. zarrte! IR PRUSF-CAFE 905-687-6856 ext. 556 Email: tmcdaugall@alzheimerniagara.ca MOTHERS, WIVES, GRANDMOTHERS, SISTERS, FRIENDS. Yours may be part of the 72%, 72% of all Canadians with Alzheimer's disease are women. Learn the 10 warning signs at htt://www.alzheimer.caithe72percent. Confidentiality Notice: The information contained in this communication, including any attachments that 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 advise the sender and permanently delete the original and any copy of it from your computer system. Thank you. 1 NiagaraFa1Ls REPORT TO: SUBMITTED BY: SUBJECT: PBD -2015-43 September 15, 2015 Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2015-43 AM -2015-006, Official Plan and Zoning By-law Amendment Application 9764 Upper's Lane Applicant: Trustees of the Bible Baptist Church of Niagara Falls Agent: Debra Kakaria, MHBC Planning Proposal: Relocation of a Place of Worship RECOMMENDATION That Council approve the Official Plan and Zoning By-law amendment application to reduce the area of the property permitted to be used only for a place of worship and ancillary uses to the easterly 2 hectares located on the corner of Beechwood Road and Upper's Lane, and to increase the area of the property permitted to be used only for agricultural uses to the westerly 4.7 hectares of the property. EXECUTIVE SUMMARY The Trustees of the Bible Baptist Church has submitted an application to amend the Official Plan and Zoning By-law No. 79-200 for the lands known as 9764 Upper's Lane. The existing place of worship and ancillary uses are permitted by a Special Policy Area designation in the Official Plan and site specific zoning. The applicant seeks to use the easterly 2 hectares of the property abutting Beechwood Road for the church and ancillary uses (no residential use). The applicant is also requesting that the balance of the property (4.7 ha) be used for agriculture only. A future severance application will be filed to facilitate the separation of the two portions of the site. The amendment is recommended for the following reasons: the development meets the intent of the Official Plan to maximize agricultural land available for farming by reducing the area permitted for non-agricultural uses; the proposed zoning will limit the place of worship and ancillary uses to the easterly portion of the property along Beechwood Road and limit the use of the westerly part of the lands to agricultural purposes only; these changes will facilitate the future severance of the westerly part of the lands and its conveyance to the owner of the lands to the south for farming; and matters with respect to the development of the new place of worship and the removal of existing buildings will be addressed through site plan control and conditions of consent. 2 BACKGROUND Proposal PBD -2015-43 September 15, 2015 The applicant has requested an Official Plan and Zoning By-law amendment for a 6.7 hectare (16 acre) parcel of land known as 9764 Upper's Lane, as shown on Schedule 1. A place of worship, dwelling and other ancillary uses exist on the land and are allowed by the City's Planning documents. The applicant is proposing to construct a new place of worship and day school on the easterly 2 hectares of the site abutting Beechwood Road. This will facilitate the future conveyance of the balance of the lands containing the existing place of worship, day school and detached dwelling to the property to the south for agricultural use. The existing place of worship, day school and detached dwelling are intended to be demolished. Schedule 2 shows details of the proposal. The 6.7 hectare parcel is designated Good General Agriculture in the City's Official Plan and is subject to Special Policy Area No. 14. This Special Policy Area permits the whole parcel to be used for a place of worship and ancillary uses including a day school, playing fields and a residence. The applicant is requesting the land affected by this Special Policy Area designation to be reduced to the easterly 2 hectares abutting Beechwood Road which is proposed to be retained after the balance of the property is severed and conveyed and to remove the opportunity for a residence. The property is zoned Agricultural with site specific regulations (A-314) by Zoning By-law No. 79-200, as amended by By-law No. 94-120. In addition to uses permitted under the Agricultural zone, the A-314 zone permits a place of worship and uses ancillary to the place of worship including a one family detached dwelling, Sunday school, transportation services, offices, meeting rooms, day school, gymnasium and outdoor playing fields. The applicant is requesting a new specific A zone to be applied to the easterly 2 hectares of the property abutting Beechwood Road that permits a place of worship and a day school. The standard A zone is requested to be applied to the westerly 4.7 hectares of the property that is intended to be severed, conveyed and merged with the property to the south, owned by Walker Industries, through a future consent application. Any application for any use other than farming will be subject to a separate official plan and zoning by-law amendment application and will require the requisite studies to be submitted together with full public consultation. This report addresses only the current application. Site Conditions and Surrounding Land Uses There are several buildings on the property used for a place of worship and ancillary uses (dwelling, school), as well as a parking area. The balance of the lands are farmed. The surrounding lands are used primarily for agricultural purposes. A watercourse is located along the west side of the property. 3 Circulation Comments PBD -2015-43 September 15, 2015 Information regarding the requested Official Plan and 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. The requested amendment is within the intent of Provincial and Regional policies. The property has been identified by the Ministry of Natural Resources as having mineral aggregate potential. In case there is a future application for a quarry, the amendments should preclude permission for a dwelling to avoid a potential future land use conflict. - A Phase 1 Archaeological Assessment identified potential for archaeological resources on the land and recommended a Phase 2 Archaeological Assessment be completed. The Region recommends a holding (H) symbol be placed on the land until this Assessment is completed and accepted by the Province. Alternatively, this matter could be addressed prior to completion of the site plan process. - Further information is required at the site plan stage to complete a review of the proposed private sewage system. • Municipal Works, Parks Design, Transportation Services No objections. The development will be privately serviced. Lot drainage, parking layout and landscaping will be dealt with through the site plan process. • Building Services, Fire Services No objections. Ontario Building Code matters and fire safety will be addressed at the site plan stage. The proposed building will require an on- site water supply. • Legal Services No objections. 4 Neighbourhood Open House PBD -2015-43 September 15, 2015 A neighbourhood open house was held by the City regarding the proposal on August 10, 2015 and was attended by 4 residents, the applicant, the applicant's planner and a representative of Walker Industries. Residents noted that they were not concerned with the current application, but expressed concern that the application would assist the assembly of land by Walker Industries, and were concerned about a possible future application for a quarry and waste disposal facility. They also raised concern that people beyond the circulation area may be impacted. The representative of Walker Industries noted that they have acquired land in the area, but felt that it was premature to discuss any future application for a quarry as not all the land has been assembled and the necessary studies have not been completed to determine the appropriate configuration of the quarry. The representative assured the residents that Walker Industries intends to do public consultation prior to submission of any application for a quarry. Planning staff also provided information on the requirements under the Planning Act for circulation of applications, and also noted that the circulation for the statutory public meeting of Council would include a mailed notice to all in attendance, a sign posted on the site, and a notice in the Niagara Falls Review. ANALYSIS 1. Provincial Policy Statement and Growth Plan Provincial policies seek to preserve prime agricultural areas (including the subject lands) for agricultural use. New secondary uses in prime agricultural areas are not permitted, but existing legal secondary uses may continue. The proposed amendment would reduce the lot area permitted to be used for an existing secondary use and would free up the majority of the land to be used for agricultural purposes. The proposal is within the intent of Provincial policies. 2. Official Plan The land is designated Good General Agriculture and is subject to Special Policy Area No. 14 in the City's Official Plan. Lands designated Good General Agriculture are intended to be used for agricultural purposes. The Special Policy Area designation permits the current place of worship and ancillary uses including a dwelling as an exception to the Good General Agriculture designation. The proposed change retains the Special Policy Area designation, however reduces the land area subject to the designation to the easterly 2 hectares along the Beechwood Road frontage of the property. In addition, the permission for a dwelling is removed. Reducing the amount of land which can be used for a non- agricultural use meets the intent of the Official Plan in maximizing the amount of lands for farming. As a dwelling is not necessary for the operation of a place of worship, there are no concerns with removing permission for one. 5 PBD -2015-43 September 15, 2015 The balance of the land will remain under the original Good General Agriculture designation. The intent to sever this remnant parcel off, merge it with the property to the south and use it for agricultural purposes meets the intent of the Official Plan with the respect to the use of agricultural lands. Zoning By-law The current A-314 zoning of the property permits the entire 6.7 hectare property to be used for a place of worship and range of accessory uses, including a one family detached dwelling. The site specific zoning also specifies minimum yards (10 metres from the north boundary, 15 metres from the west and south boundaries and 20 metres from the east boundary), the maximum lot coverage (5%) and the maximum building height (2 storeys). The requested changes to this site specific zoning are as follows: - Reduce the extent of the special provision area to the 2 hectares along Beechwood Road; and - Eliminate the permission for a one family detached dwelling on the above noted parcel. The reduction of the special provision area will facilitate the creation of the parcel for the new place of worship and the severance of the balance of the land. The severed portion will be required to merge with the parcel to the south and will not be permitted to have a dwelling on it. There are no concerns with deleting the permission of a dwelling. The westerly 4.7 hectares would be zoned back to the standard A zone. This requested zone is appropriate as it would limit its use to agricultural purposes and it is the same zoning as the land to which this parcel is to be conveyed to. Should Council approve the application the application plans to submit a consent application for the severance discussed above. In addition, the proposed place of worship would be subject to a site plan application to address servicing, grading, fire safety, traffic and parking matters. The Region's requirements for an Archaeological Assessment would be addressed at the site plan stage. As a condition of consent, the removal of the existing buildings should be required. CITY'S STRATEGIC INITIATIVE The application does not affect any of the City's strategic commitments. LIST OF ATTACHMENTS 6 PBD -2015-43 September 15, 2015 Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: bcbv ktuo-01-t) Alex Herlovitch, Director of Planning, Building & Development Res ectfull submitted. I P Y Ken Todd, Chief Administrative Officer A. Bryce: mb Attach. S:\PDR\2015\PBD-2015-34, AM -2015-004, Niagara Falls Facility Inc, Zoning By-law Amendment.docx 7 SCHEDULE 1 Subject Land PBD -2015-43 September 15, 2015 Amending the Zoning By-law No. 79-200 Location: 9764 Upper's Lane Applicant: Trustees of the Bible Baptist Church of Niagara Falls August 2015 8 PBD -2015-43 September 15, 2015 SCHEDULE 2 __, _ _i i I-- _ Li Nome NI= 11111 +rr MPhil CM aro z 1_ f —..i 1 1 -- - — elm 1 Official Plan and Zoning By-law Ammendment Application — City File: AM -2015-006 Created on 8/7/2015 3:22:00 PM Comments by Bob Gortson 5769 Beechwood Road Niagara Falls, Ont. 1 My family and I have lived at this location for 32 years. I have recently become aware of this application to Amend this Zoning By-law proposed by Bible Baptist Church. I have no objection to the proposal of the Bible Baptist Church to proceed with their plans as laid out in this Notice of Application. I am a Christian man and fully support the expansion of Bible Believing Churches to practice their Faith and improve our city. I am very familiar with the Bible Baptist Church and their members, having attended there for 30 years before properly and amicably transferring my membership to another church in the area. I remain on good terms with them, and consider them my friends. 1 make my comments today in large part to preserve my rights of appeal as outlined in the Official Plans appeal process. The objection 1 would like to register today is the lack of transparency exhibited in the planned disposition of the remaining lands. Official Plan and Zoning By-law Ammendment Application — City File: AN'l-2015-006 The proposal states that the remaining lands be conveyed to, and added to, the property to the south and used for agricultural purposes. 2 I have absolutely no doubt that this is the case, but it does not discuss the ultimate goal for the use of these lands. Phis Application to Amend is the next step in a multi-year and multi-million dollar negotiation process to sell off the remaining 4.7 hectares (of the 6.7 Hectare parcel) . No agricultural operation buys at that price unless they plan to grove something that would get them in trouble with the RCMP. I have become aware over the last several years that property in the area has been being purchased by Walker Brothers Industries as part of their future proposal for a rock quarry and a garbage dump. This By-law under consideration for Amendment is triggered by Walker Bros. offer to purchase this land to fold it into their holdings for future Application for their Master Plan Proposal. Make no Mistake I am not anti development. I have made a good living as a construction w orker, and am a pragmatic environmentalist. I like m} trees horizontal so 1 can build things 'a ith them; I need rock quarries to provide stone so l can make concrete foundations; 1 need a big hole in the ground so I can send my garbage to a future mountain I hay e met twice with Walker Bros. management, and attended some of their seminar~. 1 admire their work ethic, public relations. Official Plan and Zoning By-law Ammendrnent Application — City File: AM -2015-006 3 and fine reputation. So I fully support Walker's plans should they come to fruition. Elere 1 am faced with two proposals that 1 fully support enthusiastically. However, here's the rub. The proposed quarry and dump site shares a boundary line with the Hydro Commissions easement for Ili -tension lines immediately to their south and immediately to my North. Essentially 1 own a 36 acre parcel of land that shares a common property line over V2 a mile in length with the amalgamated parcel of land being considered for Development of the quarry and dump. No satisfactory arrangement has been made for my loss in property value and for the decrease in quality of life issues should the Walker proposal prevail. l do not look forward to increased Truck Traffik Earthquake blasting Continuous Noise Dust And the Aroma of decomposing garbage A democracy is judged by the treatment of -the po\Nerless by the po\Nerful, I am a little guy looking for help. Official Plan and Zoning By-law Ammendment Application — City File: AM -2015-006 Walker Brothers is powerful and influential and 1 need their work in a strong community. I support their plans 4 This Planning Department is powerful and influential and must make difficult decisions affecting our way of life. Thank you for pursuing your Civic Commitment. God is the powerful and influential Creator of the Universe. 1 need His help and the work of His Church to survive. 1 support the plans of Bible Baptist Church. I-Iowever, if the negative impacts of this Walker Brothers proposed development create hardship for my family, that support could be in jeopardy. This Application for Bylaw Ammendment is only Step 3 in a 12 Step process to streamline the Plan for Rock Quarry and garbage Dump. If I wait until Step 12 to object, this process will be so far advanced it will become too big to fail, and my objections would fall on deaf ears Official Plan and Zoning By-law Ammendment Application — City File: AM -2015-006 5 This Citizen's Guide Page 4 urges me to get involved: 1 Find out as much as 1 can about the proposed plan. 2 Think about how the plan might affect me, my property, and my community. 3 Go to information sessions, open houses, and public meetings that are held to discuss the plan 4 Give my- opinion at the public meetings or make Written submissions to council in order to qualify for the right to appeal 5 Work with council and municipal staff to resolve my concerns. I'm just a little guy looking to you for help. Please Help me. BAYWATCH Most of us are familiar with two acronyms commonly used in objecting to development: NIMBY - Not In Nly Back Yard BANANA - Build Absolutely Nothing Anywhere Near Anybody Official Plan and Zoning By-law Ammendment Application — City File: AM -2015-006 6 I would like to suggest a new Acronym be added to the Lexicon: BAYWATCH Build Anything You Want After Taking Care of the Helpless Thank you for your Indulgence to allow me to express my concern over the Big Picture. This particular Amendment Application appears Innoccuous and very worthy of support. BUT It is essentially only a small step in the progression to facilitate the looming Application for Rock Quarry and Garbage Dump. Sincerely Bob G BAYWATCH 13( ll I) ANY THING YOl W ,AN -I AFTER TAKING 01 the (BARE. HELPLESS Dear Dean Lorfida: Thank you for getting back to me. AGCO through the LCBO on Ferry street is requesting a letter on letter head from the City Clerk and building department stating that we are legit, specifically not run by night operation at Campark. Here are the details: Campark Resorts is hosting it's annual Zombie Mud Run on Saturday September 19th with Ulcerative Colitis and Crohns Foundation Canada. We have an annual 5K run with obstacles that you need to make it through the entire course with your life lines in tact. If you lose them you get an infected medal. As part of the run we give legal of age runners a 5 oz small cup of beer at the end of the run like all 5K Obstale Courses. The run leaves in waves every 30 minutes between 10 and 12. Runners can buy extra life lines that goes 100% to CCFC's research. My wife battled with Ulcerative Colitis for her whole life and after nearly dying this year she got a life altering surgery removing her lower intestine and saving her life. This is why I do this Charity to support research, as it is a horrible condition. With over 300 runners and 500 people in attendance this is a signifigant event for the city and Ontario. This is the official Zombie Mud Run for Canada and is an amazing time. For a more thorough look please visit Zombiemudruncanada.corn for more information. Best Regards, Phil Van Kleef Event Coordinator, Nia ara a1Js REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2015-44 Medical Marijuana Facilities PBD -2015-44 September 15, 2015 RECOMMENDATION It is recommended that Council receive the input of the public and direct Staff to prepare the necessary zoning by-law amendments as outlined in this report for adoption at a future meeting. EXECUTIVE SUMMARY In 2013, the Federal government introduced new regulations governing growing, processing and distributing medical marijuana. The changes have moved the operations toward large- scale commercial operations. Council directed staff to undertake a review of zoning provisions to establish specific regulations for a Medical Marijuana Facility (MMF). The consulting firm of SGL Planning and Design was hired to undertake the review and make appropriate regulations. The consultant recommends that a definition be introduced for a Medical Marijuana Facility. The consultant found, under the general terms of the City's four zoning by-laws, that MMFs are allowed within certain industrial and certain agricultural/rural zones and that this should continue. The consultant recommended specific regulations be set for: prohibiting the use in a dwelling; prohibiting a sign or advertising the use; establish a minimum separation distance of 150 metres to sensitive uses in agricultural areas and 20 metres to sensitive uses in or adjacent to industrial uses; and prohibiting outside storage. The report also found that the current maximum lot coverage of 60% in the Prestige Industrial zone and 70% in the Light Industrial zone would be sufficient. A maximum lot coverage should be established for agricultural areas. It is also recommended that such uses be subject to site plan control. In addition to the consultant's recommendations, staff recommend that the definition of a MMF make reference back to a facility licensed by the Federal government. Further, a definition be added for Sensitive Land Use. Staff is also of the opinion that a MMF use be added "as -of -right" to the Agricultural, Prestige Industrial, Light Industrial, General Industrial and Heavy Industrial zones of Zoning By-law No. 79-200 and the Rural & Rural/Agricultural zones of former Townships of Willoughby and Crowland. 2 BACKGROUND PBD -2015-44 September 15, 2015 In 2013, the Federal government introduced new regulations governing growing, processing and distributing medical marijuana. The changes have moved the operations toward large- scale commercial operations. Such Medical Marijuana Facilities (MMF) are licensed by Health Canada. Any person applying to Health Canada for a licence is to obtain a letter from the municipality outlining the applicable zoning for the property where the facility is to operate. The applicant would submit this information to Health Canada with their application for a MMF. Council had previously considered report CD -2013-07, which summarized that MMF would be allowed to operate "as -of -right" in the Agricultural zones of the City. The report noted that a zoning amendment and perhaps an official plan amendment may be needed to allow such facilities in other zones and that Planning staff would report back. Subsequent to this report, staff became aware that a "nursery" for growing of plants is a permitted use in the Light Industrial and Prestige Industrial zones. As such a MMF could establish within those zones. In January 2015, Council directed staff to appeal two decisions of the Committee of Adjustment and to prepare new zoning regulations to govern MMF. The City contracted SGL Planning and Design consultants to undertake a study of MMF. The work was undertaken by Paul Lowes who prepared similar studies for other municipalities and submitted his final report on "Best Practice Review and Recommendations: Medical Marihuana Growing Facilities" in July of this year. Staff advertised in the Niagara Falls Review an Open House held on August 18, 2015 and sent notice to certain individuals by first class mail. The Open House was attended by 3 members of the public and Councilor Craitor. The purpose of this report is to advise Council of the findings of the SGL report on MMF and the input received to date and to provide a recommended approach. OPEN HOUSE The City held a Public Open House meeting on August 18, 2015. The meeting was attended by Councilor Craitor and 3 members of the public. The 3 property owners expressed interest in favour of introducing a definition of a MMF and setting reasonable standards. One suggestion was to include "storage" within the definition. Another suggestion was to provide for a sliding scale for the separation distance between sensitive uses depending on the provision of landscaped buffers. Circulation Comments Regional Municipality of Niagara - the growing, processing and distributing of medical marijuana are considered an agricultural use in the Regional Official Plan and are supported by the Region's value added policies; in Urban Areas, these (medical marijuana) facilities would be considered industrial uses and permitted on employment lands; 3 PBD -2015-44 September 15, 2015 MMFs should not be listed as a permitted use within Strategic Locations for Investment, as outlined in the Regional Economic Gateway. ANALYSIS/RATIONALE The SGL Report on MMF summarizes the Federal Medical Marijuana Regulations, the current situation within the Niagara Falls planning documents and the practices of 11 other municipalities, both within and outside of the Niagara Region. The consultant found that some municipalities treat MMF as an industrial/employment use, others consider the facilities to be an agricultural use and still others allow a MMF as both an industrial and an agricultural use. The SGL report discusses various matters to be considered in moving forward with local land use provisions and concludes with six recommendations. The Consultant's Report found that the Good General Agricultural designation in the City's Official Plan permits agriculture of all types. The consultant also observed that the Industrial designation in the Official Plan permits the manufacturing, processing, warehousing and distribution of goods (among other activities). The Consultant notes that there are 4 zoning by-laws in the City which would need to be amended should regulations be introduced for MMF. The Report concluded that a MMF would be a permitted use in the Agricultural and Rural zones of Zoning By-law No. 79-200 under a commercial greenhouse use. Additionally, the Prestige Industrial and Light Industrial zones of Zoning By-law No. 79-200 permit manufacturing, processing, packaging of goods and materials. A nursery for trees, shrubs and plants within those zones could be interpreted to allow for the growing of medical marijuana. The Rural zone of Zoning By-law No. 395 (1966) [Willoughby] allows for the growing of field crops, bush crops and similar uses customarily carried on in the field of agriculture, which would permit a MMF. Similarly, Zoning By-law No. 1538 (1958) [Crowland] allows for crops, truck and market gardening, nurseries and greenhouses in the Rural Agricultural Zone. This would extend to include a MMF. The Humberstone Zoning By-law No. 70-69 provides only for existing uses. The conclusion is that a MMF can be accommodated under certain of the City's industrial zones and most agricultural and rural zones. The Consultant found that municipalities across Ontario have taken various approaches such that some have considered the use to be an agricultural operation, some industrial/employment in nature or both. The Consultant did a survey of six municipalities in the Region as well as Ottawa, Caledon, Toronto, Mississauga and Hamilton. The summary was that by-law amendments were adopted to include a definition of a MMF, select zones where the use may be permitted and to provide specific requirements to address minimum distance separations, outside storage, signage, loading, parking and use of site plan agreements. It was also found that some municipalities permit the use "as -of -right" and others allow the use only by "site specific zoning amendment". 4 CONSIDERATIONS FOR NIAGARA FALLS PBD -2015-44 September 15, 2015 By defining a MMF the City will be in a position to distinguish this use from any other agricultural use and/or industrial use (including a nursery for trees, shrubs and plants) and provide clear and transparent intent as to where the uses may establish and regulations to be applied. The definition should provide for the "growing, testing, processing, packaging and shipping". At the Open House it was suggested the definition be expanded to also include "storage". Staff recommends that the definition require that the facility must be licensed by the Federal government (Health Canada). By providing a distinct definition it also affords the City the opportunity to establish specific regulations for a medical marijuana use by zone. Zoning provisions could also address outside storage, proximity to sensitive land uses, signage, fencing and security requirements. The consultant found that a MMF is a Class 1 use under the MOE D-6 Guidelines and therefore appropriate for the Prestige and Light Industrial zones. Staff believe that the use could also be allowed in the General Industrial and Heavy Industrial zones as these zones provide for more intensive forms of employment uses and are typically located farther from sensitive land uses. Staff is not recommending the use be added to the Transportation Distribution Industrial (TDI) zone as this zone affects only the former Redpath property and a Regional sewage facility on Buttrey Street. The owner of the Redpath property has indicated he no longer wishes to pursue a MMF for his site and the Regional site is used for public utility purposes. The City's Extractive Industrial zone is reserved for quarry and aggregate resources and not appropriate. It is recommended that a MMF be allowed "as -of -right" in the four industrial zones listed above and in the Agricultural zone of Zoning By-law No. 79-200, but not in the Rural zone of the same By-law due to the small lot size in the Rural zone. It is recommended that a MMF be allowed in the Rural zone of Zoning By-law No. 395 (1966) (Willoughby) and in the Rural zone of Zoning By-law No. 1538 (Crowland). Staff recommend a definition of Sensitive Use be introduced into each of the by-laws. Sensitive Use would be defined to include residential, parks and institutional/school uses. Council can set a separation distance between a MMF and a building in a sensitive land use. It is recommended that a separation distance of 150 m (492 feet) be set for the listed agricultural zones outside of the Urban Area Boundary. A separation distance of 20 metres (66 feet) should be established between a building included as a Sensitive Use and a MMF in industrial zones in the Urban Area which distance is based on the Ministry of Environment D-6 Guidelines for Class 1 industrial uses. It was found that the current lot coverage of 60% maximum lot coverage in a Prestige Industrial zone and 70% coverage in Light, General and Heavy Industrial zones would be appropriate. The consultant's report cited Grimsby as having set lot coverage in agricultural zones as 70% for lots less than 5 ha, 50% for lots between 5 and 20 ha and 25 % for lots greater than 20 ha. A similar standard in Niagara Falls would be consistent. 5 PBD -2015-44 September 15, 2015 It is recommended that a MMF be subject to Site Plan Control. The Site Plan Approval process would allow the City to address fencing, ventilation, lighting of parking lots, signage and security along with other matters. CITY'S STRATEGIC COMMITMENT Updating the City's zoning, by-law has regard for the changes which have occurred at the Federal government level and are consistent with the objective to provide contemporary direction for planning and development. LIST OF ATTACHMENTS ➢ No attachments. Recommended by: Respectfully submitted: AH:gd belqb a -c-02-0 —02 Alex Herlovitch, Director o- Planning, Building & Development Ke Todd, Chief Administrative Officer S:\PDR\2015\PBD-2015-44, Medical Marijuana Facilities 2 docx Dear Dean Lorfida: Thank you for getting back to me. AGCO through the LCBO on Ferry street is requesting a letter on letter head from the City Clerk and building department stating that we are legit, specifically not run by night operation at Campark. Here are the details: Campark Resorts is hosting it's annual Zombie Mud Run on Saturday September 19th with Ulcerative Colitis and Crohns Foundation Canada. We have an annual 5K run with obstacles that you need to make it through the entire course with your life lines in tact. If you lose them you get an infected medal. As part of the run we give legal of age runners a 5 oz small cup of beer at the end of the run like all SK Obstale Courses. The run leaves in waves every 30 minutes between 10 and 12. Runners can buy extra life lines that goes 100% to CCFC's research. My wife battled with Ulcerative Colitis for her whole life and after nearly dying this year she got a life altering surgery removing her lower intestine and saving her life. This is why I do this Charity to support research, as it is a horrible condition. With over 300 runners and 500 people in attendance this is a signifigant event for the city and Ontario. This is the official Zombie Mud Run for Canada and is an amazing time. For a more thorough look please visit Zombiemudruncanada.com for more information. Best Regards, Phil Van Kleef Event Coordinator. The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Campark Resorts is a local campground that holds various events throughout the year; and WHEREAS Campark is hosting Zombie Mud Run (the "event"), an annual 5k run and obstacle course; and WHEREAS the event is scheduled for September 19, 2015; and WHEREAS all proceeds from the event go to Ulcerative Colitis and Crohns research; and WHEREAS due to the fact that the organizers of the event are neither a charity or not - for - profit organization, to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of municipal significance. WHEREAS these type of fundraising events by individuals in our community are to be encouraged and raise significant funds for worthy charities and endeavours that ultimately benefit members of the local community. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Zombie Mud Run event to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the City of Niagara Falls has prepared a Brownfield Community Improvement Plan (C.I.P.) which encourages the environmental clean up and redevelopment of older abandoned industrial and commercial sites that are contaminated or perceived to be contaminated; and WHEREAS the former Cytec lands (the "Lands") are 77 acres of Brownfield lands adjacent to the City's Gale Centre Arena; and WHEREAS the Lands have potential for redevelopment for commercial and light industrial uses, especially with the forthcoming opening of the Thorold Stone Road extension; and WHEREAS the Lands are located within the Brownfield Pilot Project Area and are considered a priority project site under the C.I.P.; and WHEREAS Falls Community Development Inc. (the "Developer") has an option to purchase the Lands; and WHEREAS the Developer will complete the requisite environmental and risk assessments, record of site condition, remediation and, eventual, development of the Lands: and WHEREAS the Developer may be able to potentially avail themselves of study grants, a tax freeze of a maximum of five -years, a tax increment based rebate and development charge considerations; and WHEREAS municipal support will enable the Developer to apply for funding at other government levels, including the Green Municipal Fund; and WHEREAS it is in the City's best interest for the lands to be remediated and developed. THEREFORE BE IT RESOLVED that Niagara Falls City Council supports the remediation and redevelopment of the former Cytec lands through applications submitted under the Brownfield Community Improvement Plan. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: By-law No. 80-114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By-law No. 80-114 is amended by adding Schedule "B-88" attached hereto. Passed this fifteenth day of September, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 15, 2015. Second Reading: September 15, 2015. Third Reading: September 15, 2015. COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town & Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" COLUMN 2 LOCATION 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Kalar Road and Coventry Road Ailanthus Avenue Oakwood Drive St. Paul Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-1" Schedule "B-2" Schedule "B-3" Schedule "B-4" Schedule "B-5" Schedule "B-6" Schedule "B-7" Schedule "B-8" Schedule "B-9" Schedule "B-10" Schedule "B-11" Schedule "B-12" Schedule "B-13" Schedule "B-14" Schedule "B-15" Schedule "B-16" Schedule "B-17" Schedule "B-18" Schedule "B-19" Schedule "B-20" Schedule "B-21" Schedule "B-22" SCHEDULE "A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Brockway Business Centre Montrose and Thorold Stone Roads Niagara South Condominium 5100 Dorchester Road No. 28 Niagara South Condominium 5150 Dorchester Road No. 19 Brookside Village Co -Operative 8175 McLeod Road Homes Inc. Niagara South Condominium 4230 Meadowvale Drive Plan No. 43 Factor Forms Niagara Ltd. 8481 Earl Thomas Avenue Schedule "B-23" Schedule "B-24" Schedule "B-25" Schedule "B-26" Schedule "B-27" Schedule "B-28" Zehrs Markets Morrison Street and Dorchester Schedule "B-29" Road Ameri-Cana Resort 8444 Lundy's Lane Schedule "B-30" Niagara South Condominium 3955 Portage Road Schedule "B-31" Corporation #2 Kingsbridge Village 3516 Main Street Schedule "B-32" Non -Profit Housing Corporation 8055 McLeod Road and 8065 Schedule "B-33" McLeod Road Pine Meadows Builders 5088 Drummond Road Townhouse Condominium Project - 35 Townhouses Schedule "B-34" 21 Unit Townhome Mewburn Road Schedule "B-35" Development Niagara South Condominium 6453 Colborne Street and 6476 Schedule "B-36" Corporation No. 1 Huggins Street Edscha of Canada 5795 Don Murie Street Schedule "B-37" First Professional Management 7190 Morrison Street Schedule "B-38" Inc. COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium SCHEDULE "A" COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 - 33, 36 - 39, 42-45and48-51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-39" Schedule "B-40" Schedule "B-41" Schedule "B-42" Schedule "B-43" Schedule "B-44" Schedule "B-45" Schedule "B-46" Schedule "B-47" Schedule "B-48" Schedule "B-49" Schedule "B-50" Schedule "B-51" Schedule "B-52" Schedule "B-53" Schedule "B-54" Schedule "B-55" Schedule "B-56" SCHEDULE "A" COLUMN 1 COLUMN 2 SITE LOCATION Canada One Factory Outlet 7500 Lundy's Lane Mall Niagara South Condominium 3322 Addison Street Corporation No. 4 - Park Royal Niagara Catholic District School 3900 Kalar Road Board - West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens Adeline Apartments Panoramic Properties Inc. 1251549 Ontario Limited and 623381 Ontario Inc. Condominium 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street 6420 Montrose Road 7591 Scholfield Road 6167-6175-6181 Dorchester Road Omada Homes Inc. 6928 Ailanthus Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-57" Schedule "B-58" Schedule "B-59" Schedule "B-60" Schedule "B-61" Schedule "B-62" Schedule "B-63" Schedule "B-64" Schedule "B-65" Schedule "B-66" Schedule "B-67" Schedule "B-68" Schedule "B-69" Schedule "B-70" Schedule "B-71" Schedule "B-72" Schedule "B-73" Schedule "B-74" COLUMN 1 SITE Brighton Condominiums Thundering Waters Condominiums Langendoen Homes Ltd. - Meadowcreek Homes Marken Homes Weinbrenner Place Inc. Niagara South Standard Condominium Corporation No. 104 (Valley Way Townhomes) The Bonnengton Apartments Frank Costantino Construction Ltd. Condominium People Movers Bus Maintenance and Storage Facility Niagara South Condominium Corporation No. 25 (Mount Forest Village) Niagara South Condominium Corporation No. 80 Victoria Woods — Phase 1, Block 98 Optimist Village Stamford Village Condominiums SCHEDULE "A" COLUMN 2 LOCATION 3915 Portage Road 6000 Marineland Parkway 2634 St. Paul Avenue 9440 Eagle Ridge Drive 3401 - 3421 Weinbrenner Road 6263 Valley Way 4218 Portage Road 6186 Dorchester Road 8208 Heartland Forest Road 2720 Mewburn Road 4336 Kalar Road 5622 Ironwood Street 7276 Optimist Lane (Units 1 — 16) 2799 St. Paul Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-75" Schedule "B-76" Schedule "B-77" Schedule "B-78" Schedule "B-79" Schedule "B-80" Schedule "B-81" Schedule "B-82" Schedule "B-83" Schedule "B-84" Schedule "B-85" Schedule "B-86" Schedule "B-87" Schedule "B-88" THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2015 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended: (1) by adding to the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Booth Street East Orchard Grove Parkway and a point At All Times 75 metres north of Orchard Grove Parkway (2) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Booth St. Both Orchard Grove Pkwy And Beaverdams Rd. At all times (3) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Booth Street Booth Street West East Orchard Grove Parkway and Beaverdams Road A point 75 metres north of Orchard Grove Parkway and Beaverdams Road This By-law shall come into force when the appropriate signs are installed. Passed this fifteenth day of September, 2015. At All Times At All Times DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 15, 2015 Second Reading: September 15, 2015 Third Reading: September 15, 2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule "D1", and that Schedule "D1" attached hereto shall be inserted in lieu thereof. 2. By-law 2015-018 is hereby repealed. Passed this 15th day of September, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 15, 2015. Second Reading: September 15, 2015. Third Reading: September 15, 2015. SCHEDULE "D1" FACTORY ONE OUTLET MALL Parking By-law Enforcement Officers on private property: Jenn Borus William McMillan Curtis Sadloski Jesse Mallabar Jose Montoya Steven Cober Sanel Hodzic CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and Front Row Sports Ltd. for a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A lease renewal agreement between the Corporation of the City of Niagara Falls (the "Landlord") and Front Row Sports Ltd. (the "Tenant") for a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue (the "Premises") attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the amending licensing agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this fifteenth day of September, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 15, 2015. Second Reading: September 15, 2015. Third Reading: September 15, 2015. THIS RENEWAL OF LEASE made this 1st day of August, 2015. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Landlord" and FRONT ROW SPORTS LTD., operating as FRONT ROW SPORTS EXCELLENCE Hereinafter referred to as the "Tenant" RECITALS WHEREAS by Lease dated June 14, 2010, (the "Original Lease"), The Corporation of the City of Niagara Falls granted Front Row Sports Ltd., operating as Front Row Sports Excellence, a lease of a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue, Niagara Falls (the "Premises") and more particularly described in the Original Lease, for a term of five years from the 1st day of August, 2010; AND WHEREAS the Tenant has exercised its option to renew as contained in the Original Lease and has requested the Landlord to grant it a Renewal Lease of the Premises for a further term of five years from the 1st day of August, 2015, to and including the 31st day of July, 2020, on the terms hereinafter set forth, and the Landlord has agreed to do so; NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by the Tenant to the Landlord and other mutual terms and conditions herein contained and subject to and with the benefit of the Landlord's and Tenant's covenants, provisos and conditions in all respects as are contained in the Original Lease, the parties agree as follows: DEMISE AND TERM 1 The Landlord hereby leases to the Tenant the Premises, subject to the payment on the same days and in like manner of annual rental as set out in the Original Lease in the amounts as set out in paragraphs 2 and 3 hereof, and subject to and with the benefit of the Landlord's and Tenant's covenants (other than the covenant for renewal), by the Landlord and Tenant and the provisos and conditions contained in the Original Lease. 2 RENT Basic Rent 2. The Tenant covenants and agrees to pay, throughout the renewal term hereof, to the Landlord, at the office of the Landlord, or to such other person or at such other location as the Landlord shall direct by notice in writing, in lawful money of Canada, without any prior demand therefor and without any deduction, abatement or set-off whatsoever, as annual Basic Rent, the amount of TWELVE THOUSAND AND SEVENTY-FIVE DOLLARS ($12,075.00), per year, plus HST in addition, at the following monthly rates, on the first day of each and every month during the renewal term: a. The amount of $21.00 per sq. ft. including Realty Taxes or $1,207.50, plus HST during the months of September through to and including April during each year of the renewal term; and b. The amount of $10.50 per sq. ft. including Realty Taxes or $603.75, plus HST during the months of May through to and including August during each year of the renewal term. Additional Rent 3. The Tenant further covenants and agrees to pay, throughout the renewal term hereof, to the Landlord, at the office of the Landlord, or to such other person or at such other location as the Landlord shall direct by notice in writing, in lawful money of Canada, without any prior demand therefor and without any deduction, abatement or set-off whatsoever, Additional Rent as set out in Article 5 of the Original Lease. The blended payment set out in paragraphs 2(a) and (b) above consists of Basic Rent and the municipal Realty Tax component of Additional Rent. The payment of municipal Realty Taxes by way of the blended payment shall discharge any obligation of the Tenant arising from paragraph 5.1(b) of the Original Lease, to pay municipal Realty Taxes. AMENDMENT 4. Paragraph 1.1(e) of the Original Lease is deleted and replaced as follows: Rentable Area of Premises: 690 square feet, subject to Section 2.2; CONFIRMATION OF COVENANTS 5 The Landlord and Tenant hereby covenant that they shall perform and observe the covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations had been repeated in this Renewal Lease, in full, with such modifications only as are necessary to make them applicable to this Renewal Lease. 3 IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing officers and the said signing officers certify that they have authority to bind their corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per James M. Diodati, Mayor Dean Iorfida, City Clerk FRONT ROW SPORTS LTD., operating as FRONT ROW, ?SORT XCELLENCE Per Name: Title: Name: Title: CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and 2212396 Ontario Inc. (Break -A -Way Concessions Niagara) for a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A lease renewal agreement between the Corporation of the City of Niagara Falls (the "Landlord") and 2212396 Ontario Inc. (the "Tenant") for a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue (the "Premises") attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the amending licensing agreement. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this fifteenth day of September, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 15, 2015. Second Reading: September 15, 2015. Third Reading: September 15, 2015. THIS RENEWAL OF LEASE made this 1st day of August, 2015. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Landlord" and 2212396 ONTARIO INC., operating as BREAK -A -WAY CONCESSIONS NIAGARA Hereinafter referred to as the "Tenant" RECITALS WHEREAS by Lease dated June 14, 2010, (the "Original Lease"), The Corporation of the City of Niagara Falls granted 2212396 Ontario Limited, operating as Break -A -Way Concessions Niagara, a lease of a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue, Niagara Falls (the "Premises") and more particularly described in the Original Lease, for a term of five years from the 1st day of August, 2010; AND WHEREAS the Tenant has exercised its option to renew as contained in the Original Lease and has requested the Landlord to grant it a Renewal Lease of the Premises for a further term of five years from the 1st day of August, 2015, to and including the 31st day of July, 2020, on the terms hereinafter set forth, and the Landlord has agreed to do so; NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by the Tenant to the Landlord and other mutual terms and conditions herein contained and subject to and with the benefit of the Landlord's and Tenant's covenants, provisos and conditions in all respects as are contained in the Original Lease, the parties agree as follows: DEMISE AND TERM 1 The Landlord hereby leases to the Tenant the Premises, subject to the payment on the same days and in like manner of annual rental as set out in the Original Lease in the amounts as set out in paragraphs 2, 3 and 4 hereof, and subject to and with the benefit of the Landlord's and Tenant's covenants (other than the covenant for renewal), by the Landlord and Tenant and the provisos and conditions contained in the Original Lease. 2 RENT Basic Rent 2 The Tenant covenants and agrees to pay, throughout the renewal term hereof, to the Landlord, at the office of the Landlord, or to such other person or at such other location as the Landlord shall direct by notice in writing, in lawful money of Canada, without any prior demand therefor and without any deduction, abatement or set-off whatsoever, as annual Basic Rent, the amount of THIRTY- FIVE THOUSAND AND SIX HUNDRED AND THIRTY DOLLARS ($35,630.00), per year, plus HST in addition, at the following monthly rates, on the first day of each and every month during the renewal term: a. The amount of $21.00 per sq. ft. or $3,563.00, plus HST during the months of September through to and including April during each year of the renewal term; and The amount of $10.50 per sq. ft. or $1,781.50 plus HST during the months of May through to and including August during each year of the renewal term. Percentage Rent 3, The Tenant further covenants and agrees to pay, throughout the renewal term hereof, to the Landlord, at the office of the Landlord, or to such other person or at such other location as the Landlord shall direct by notice in writing, in lawful money of Canada, without any prior demand therefor and without any deduction, abatement or set-off whatsoever, Percentage Rent in the amount, if any, by which the Net Revenue in each Lease Year of the renewal term exceeds the amount of FOUR HUNDRED THOUSAND DOLLARS ($400,000.00), multiplied by .03. Additional Rent 4. The Tenant further covenants and agrees to pay, throughout the renewal term hereof, to the Landlord, at the office of the Landlord, or to such other person or at such other location as the Landlord shall direct by notice in writing, in lawful money of Canada, without any prior demand therefor and without any deduction, abatement or set-off whatsoever, Additional Rent as set out in Article 6 of the Original Lease. AMENDMENT 5. A new paragraph 9.6 of the Original Lease is inserted, as follows: Notwithstanding the foregoing, every youth user group licensee of the Landlord shall be entitled to bring its own food into the Gale Centre during one special 3 event per licensee, per calendar year, upon approval by the Manager of Recreation & Customer Service of the Landlord. CONFIRMATION OF COVENANTS 6. The Landlord and Tenant hereby covenant that they shall perform and observe the covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations had been repeated in this Renewal Lease, in full, with such modifications only as are necessary to make them applicable to this Renewal Lease IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing officers and the said signing officers certify that they have authority to bind their corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per - James M. Diodati, Mayor Dean Iorfida, City Clerk 2212396 ONTARIO INC., operating as BREAK -A -WAY CQNCESSIONS NIAGARA Per Name: Title: Name: Title: CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of a license renewal and amendment between the Corporation of the City of Niagara Falls and the Chippawa Amateur Athletic Association Inc. to operate from the premises municipally known as the Gale Centre, 4171 Fourth Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A by-law to authorize the execution of a renewal and amendment of a license agreement between the Corporation of the City of Niagara Falls and the Chippawa Amateur Athletic Association Incorporated to operate from the premises municipally known as the Gale Centre, 4171 Fourth Avenue for the purposes of holding its games, practice sessions and training camps, attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the amending licensing agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this fifteenth day of September, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 15, 2015. Second Reading: September 15, 2015. Third Reading: September 15, 2015. THIS RENEWAL AND AMENDMENT OF LICENSE made this 1st day of September, 2015. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" and THE CHIPPAWA AMATEUR ATHLETIC ASSOCIATION INCORPORATED Hereinafter referred to as the "Licensee" RECITALS WHEREAS by License Agreement dated October 4, 2010, (the "Original License"), The Corporation of the City of Niagara Falls granted the Chippawa Jr. "C" Hockey Club, a license to operate from the premises municipally known as the Gale Centre, 4171 Fourth Avenue, Niagara Falls, for the purposes of holding its games, practice sessions and training camps, as more particularly described in the Original License, for a term of five years from the 1St day of September, 2010; AND WHEREAS the Licensee has exercised its option to renew as contained in the Original License and has requested the City to grant it a renewal of the Original License for a further term of five years from the 1st day of September, 2015, to and including the 31st day of August, 2020, on the terms hereinafter set forth, and the City has agreed to do so; AND WHEREAS the Licensee in the Original License referred to as the "Chippawa Jr. "C" Hockey Club" is one and the same entity as the Licensee referred to herein as "The Chippawa Amateur Athletic Association Incorporated"; AND WHEREAS the parties intend to vary certain provisions of the Original License in the manner set out below; NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by the Licensee to the City and other mutual terms and conditions herein contained and subject to and with the benefit of the City's and Licensee's covenants, provisos and conditions in all respects as are contained in the Original License, the parties agree as follows: GRANT AND TERM 1. The City hereby grants to the Licensee, a License to operate from the Gale Centre arena for the purposes of holding its games, practice sessions and training camps, subject to the payment on the same days and in like manner of 2 the rental fee as set out in paragraph 4 of the Original License and subject to and with the benefit of the City's and Licensee's covenants (other than the covenant for renewal), by the City and Licensee and the provisos and conditions contained in the Original License and this Renewal and Amendment of License. AMENDMENTS 2. The provisions of the Original License are amended as of the 1st day of September, 2015, in the following manner: a. Paragraph 3 is deleted and replaced as follows: 1) Provided the Licensee duly and regularly and punctually pays the fees and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Agreement, the City shall, upon the written request of the Licensee given to the City not more than six months and not less than three months prior to the expiration of the original term of this Agreement grant to the Licensee, a renewal of this Agreement for a further term of 5 years on the same terms and conditions, save and except for the fees payable, which shall be negotiated reasonably by the parties hereto. 2) Provided the Licensee duly and regularly and punctually pays the fees and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Agreement, the City shall, upon the written request of the Licensee given to the City not more than six months and not Tess than three months prior to the expiration of the renewal term of this Agreement grant to the Licensee, a further renewal of this Agreement for a further term of 5 years on the same terms and conditions, save and except for the fees payable, which shall be negotiated reasonably by the parties hereto, and the right of further renewal. Subparagraph 10(1) is deleted and replaced as follows: The City shall make the Arena available to the Licensee for regular season Junior "C" home hockey games on Thursdays between the hours of 6:30 p.m. and 10:30 p.m., and on Sundays between the hours of 6:30 p.m. and 10:30 p.m., as an alternate game time; c The contact person and contact information for the City, as contained in subparagraph 35(2) is deleted and replaced as follows: Attention: Rob McDonald Manager of Recreation & Customer Service Telephone: (905) 356-7521 x. 3340 Fax: (905) 354-9119 E-mail: ;.r.n a.:arafails.ca 3 Reference to '`The Russell Masterson Amateur Athletic Club" in paragraphs 45 and 46 shall be deleted and replaced with "the Pietrangelo Amateur Hockey Association"; and e. Schedule "A" is deleted and replaced with Schedule "A" attached hereto. CONFIRMATION OF COVENANTS 3. The Original License, as amended, shall continue in full force and the covenants, conditions and provisions contained in the Original License, in all other respects, are confirmed. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per James M. Diodati, Mayor Dean Iorfida, City Clerk THE CHIPPAWA AMATEUR ATHLETIC ASSOCIATION INCORPD Per Name Title: , 4 i 4\(_ - 1 oLU1 ' Name: ck4it riNO Title: We have authority to bind the Corporation CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of an Agreement with Eco-Ninjas respecting the Adopt - A -Program public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated September 15, made between the Eco-Ninjas, as Volunteers, and the Corporation of the City of Niagara Falls as City, respecting the Adopt -A - Program public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically on Morrison Street, between 7190 Morrison Street, east to Drummond Road, 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 fifteenth day of September, 2015 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: September 15, 2015 September 15, 2015 September 15, 2015 THIS AGREEMENT made this 15th day of September, A.D., 2015 BETWEEN: The Eco Ninjas Hereinafter called the "Volunteers" of the FIRST PART; - and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the SECOND PART; WHEREAS the City's Adopt -A -Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule "B" attached hereto. 3. The Volunteers shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A -Program. 5 The City shall confirm the specific section of a City Street, Park, Walkway and/or Trail to be adopted by the Volunteers. 6. The City shall provide safety information, trash bags, gloves and vests to the Volunteers upon receiving notice prior to the beginning of a clean-up. 7. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Street, Park, Walkway and/or Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter-productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 8. The City shall remove and dispose of filled trash bags following the clean-up at a designated location. 9. The City shall remove litter such as Targe, heavy, or hazardous items that have been indicated by the Volunteers for pick up by the City. 10. The City shall monitor activities of the Adopt -A -Program to ensure that objectives of the program are being met. 11. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A -Program signs. 12. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 13. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Volunteers: The Eco Ninjas 4196 Dorchester Road Niagara Falls, ON L2E 6N2 Attention: Michael Henley Telephone: 905 371 6778 Email: gotpye@gmail.com The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Director of Recreation & Culture Telephone: (905) 356-7521, Ext. 3330 Fax: (905) 356-7404 14.Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of ) ) ) ) Name: Mike' er►ley ) Name: Kristoph r Collver' ) ) ) Name: ) ) Name: ) THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: James M. Diodati ) Title: Mayor ) Name: Dean lorfida ) Title: City Clerk SCHEDULE "A" to an Agreement dated the 15th day of September, A.D., 2015 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street: Morrison Street, between 7190 Morrison Street, east to Drummond Road. Adopt - A - Program Eco Ninjas Adopt -A -Street Morrison Street - Start of Morrison Street. east to Drummond Road September 15th. 2015 MRRdgarf _hN3RR� f5)N-i - Adopted area highlighted in red 11. NOPP-_' City of Niagara Falls t N i)PR 141x11—r 1.« ry. SCHEDULE "B" to an Agreement dated the 15th day of September, A.D., 2015 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical/first aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Street, Park, Walkway and/or Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Acting Director of Recreation & Culture or his/her designate of the City 48 hours notice prior to beginning of a clean-up. 6. The Volunteers shall collect litter only on the adopted Street, Park, Walkway and/or Trail. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8. The Volunteers shall wear clothing that will not impair vision or movement during clean-up. 9. The Volunteers shall provide adult supervision for youth participating in the clean-up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean-up activities. 11.The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour before sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Acting Director of Recreation & Culture or his/her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A - Program clean-up day unless it is renewed. CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15th day of September, 2015. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 15th day of September, 2015 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. 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 twenty-eighth day of September 15, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: August 25, 2015 August 25, 2015 August 25, 2015