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2003/03/31REGULAR COUNCIL MEETING Monday, March 31, 2003 Order of Business and Agenda Package REGULAR MEETING March 3f. 2003 PRAYER: Alderman Klm traitor ADOPTION OF MINUTES: Planning/Regular Meeting of March 17, 2003 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a bdef explanation thereof will be made for the current Council Meeting at this time. MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS PRESENTA~ONS A presentation will be made to Mr. Greg Bailey in recognition for his achievements in the event and toudsm industry. Ontario Heritage Foundation His Worship Mayor Thomson will present the Ontario Heritage Awards to Wilma Mordson under the category of Culture; and to Terry Thomas under the category of Built, who will accept on behalf of his late father Donald Thomas. -2- DEPUTA~ONS Greater Nia.qara Circle Trek Event Mr. Clyde Carruthers, Chair of the Trails 8, Bikeways Committee, wishes to provide information on the Greater Niagara Cimle Trek Event to take place on May 4th, 2003 at Firemen's Park. Greater Niaqara General Hospital Foundation & The Club Italia Ladies Auxiliary Mr. Eugene Oatley, GNGH Foundation Board and Margeurita Radice, Lena Rizzo, and Mary Fruci, on behalf of Club Italia's Ladies Auxiliary wish to address Council to promote their fundraising efforts in support of the GNGH New Eme~jency Department Campaign. Stamford Colleqiate Fundraisinq Efforts Mr. Larry Sirianni, Principal, Stamford Collegiate, will introduce Ms. Heather MacAdam, Teacher who will provide information to Council on the fundraising efforts for student Kyle Taylor. Review of Extendinq Paid Parkinq Hours in the Downtown Mr. Willie Tracy wishes to address Council on this issue. - AND - Memorandum from City Clerk. Councillor Remuneration Mr. Larry Savage wishes to address Council on this issue. -3- COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Niagara Falls Public Library- Re: Proposed Changes to City By-Law No. 85-189 and City By-Law 85-242 - that the Niagara Falls Public Library Board recommends that the following By-Law changes be approved by City Council RECOMMENDATION: That Council approve the By-law listed on this evening's Council Agenda. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) PLANNING MA TTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer Chair, Municipal Hedtage Committee PD-2003-31, Revisions to the Sidewalk Caf& Guidelines. PD-2003-32, Recommendation Report, Willoughby Gardens Draft Plan of Subdivision, File: 26T-11-2002-03 (Revised), Owner: Guardian Inter-Funding Inc. PD-2003-38, Request for Removal of Part Lot Control, Lot 143, Registered Plan 59M-183, Matthews Ddve, Mount Carmel Extension 2, Applicants: John & Catherine Gdmo. PD-2003-37, Matters Adsing from the Municipal Hedtage Committee. RATIFICATION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS (Alderman Klm Craitor, Chair) 1. Chairperson, Municipal Parking & Traffic Committee MW-2003-69, Municipal Parking & Traffic Committee Recommendations - March 18, 2003 meeting. RATIFICATION OF THE TRAILS & BIKEWAY COMMITTEE 1. Chair, Trails & Bikeway R-2003-19, Actions Arising from the Trails & Committee Bikeway Committee Meeting of March 6, 2003. FIRE SERVICES MATTERS 1. Chief Administrative Officer FINANCE MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer -4- FS-2003-05, Agreement to provide for a UHF Trunked Radio System. F-2003-12, Assessment Appeals. F-2003-13, Municipal Accounts. MISCELLANEOUS MATTERS 1. Chief Administrative Officer L-2003-29, Thorold Stone Mall Expansion; Proposed Land Exchange; Offer to Purchase and Offer to Sell 6161 Thorold Stone Road. CONSENTAGENDA 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. 3. 5. 6. 7. BBS-2003-05, Appointment of Interim Chief Building Official; MW-2003-60, Contract #2003-06, Tender for the supply of Materials and Services for Pavement Markings (On-Street Application Only); MW-2003-61 - Contract #2003-07, Tender for the Supply of Materials and Services for Pavement Markings (Parking Lots & CRy Owned Lands); MW-2003-62, Contract #2003-04, Asphalt Patching; MW-2003-63, Contract #2003-192-00, Drummond Road Bridge Rehabilitation Purchase; MW-2003-64, Purchase of a HP 1055cm plus plotter; MW-2003-65, Contract #2003-124-02, Fallsview tourist Core Phase 4; 9. -5- MW-2003-70, Highway 420, Drummond Road Bridge Demolition; L-2003-22, Quit Claim Transfer/Deed to Mervyn Charles Ferguson; 5666-5674 Temperance Avenue and 5700 Emery Street; L-2003-25, Crawford Adjustam Canada Renewal of Agreement for Insurance Adjusting Services; L-2003-27, Establish as a Public Highway; Part 2 on Reference Plan $9R-f2001, as part of McLeod Road; L-2003-28, Establishment of One Foot Reserves as Public Highways; Blocks 73, 74 and 75 on Plan 59M-274; L-2003-30, Niagara Catholic District School Board purchase from The Corporation of the City of Niagara Falls; One Foot Reserve located on the south side of Cardinal Newman Way Road, formerly Kimbark Avenue. RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2003-61 To amend By-law No. 79-200, to permit a garden centre as a temporary use. 2003-62 To amend By-law No. 79-200, to permit a building to be used as a duplex dwelling and one of the dwelling units in the duplex dwelling to be used as a tourist home. 2003-63 To establish Blocks 73, 74 and 75 on registered Plan 59M-274, as public highways, to be known as and to form part of Breokside Ddve, Beaver Glen Drive and Beaverton Boulevard, respectively. To amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enfomement of previncial or municipal by-laws. 2003-65 To establish Part 2 on Reference Plan 59R-12001, as a public highway, to be known as and to form part of McLeod Road. 2003-66 2003-67 2003-68 2003-69 2003-70 2003-71 2003-72 2003-73 2003-74 2003-75 -6- To establish part of Stamford Township Lots 116 and 123 being Part 4 on Reference Plan 59R-8213 to designate Blocks 73, 74 and 75 on registered Plan 59M-274, as public highways, to be known as and to form part of Brookside Drive, Beaver Glen Drive, Beaver Glen Drive and Beaverton Boulevard, respectively. To authorize execution of a Transfer/Deed of Land from The Corporation of the City of Niagara Falls to Niagara Catholic District School Board, for a one foot reserve south of Cardinal Newman Way Road, formerly known as Kimbark Avenue. To authorize the execution of an Offerto Purchase from 820872 Ontario Limited respecting the purchase of/ands being Part 5 on Reference Plan 59R-6007 located on Thorold Stone Road. To authorize the execution of an Offer to Sell from 820872 Ontario Limited respecting the sale of lands being Parts 1 and 2 on Reference Plan 59R-, located on Thoreld Stone Road. To authorize execution of a Quit Claim Transfer/Deed from The Corporation of the City of Niagara Falls to Kamal Bashandy Miners, to clear a cloud on title. To designate Lot 143 on Registered Plan No. 59M-183 not to be subject to part lot control. By-law respecting the size and composition of the Niagara Falls Library Board. (HANDOUT) To delegate authority relating to assessment and taxation appeal matters to staff. To authorize monies for General Purposes (March 31, 2003) To adopt, ratify and confirm the actions of City Council at its meeting held on the 31~ day of March, 2003. NEW BUSINESS For Immediate Release MEDIA RELEASE Greg Bailey Inducted into the FEO Hall of Fame March 20, 2003 (Toronto, ON)- Greg Bailey, former Manager for the Winter Festival of Lights was ' given an emotional standing ovation as he was inducted into the Festivals & Events Ontario Hall of Fame. The award was presented at FEO's annual conference held earlier this year in Toronto, It distinguishes outstanding leaders in the festival and events industry from across the province. Although immersed in the events industry for numerous years, Greg enjoyed a professional career as a helicopter pilot for over two decades. His flights took him to some of the most remote areas of the world, including Northern Canada, and thc North Pole. Greg and his young family eventually made Niagara their home as he took a position as airport manager in St. Catharines. Greg embarked on a new career in 1992, transferring his unique skills and leadership qualities to the Winter Festival of Lights. Under his direction thc Winter Festival of Lights was elevated from a small local event to one that currently receives over a million visitors per year, becoming a staple component of Niagara's allure as a 4-season destination. In 1999, he was appointed as Director of Events at'Niagara Falls Tourism and sewed on the board of Festivals & Events Ontario for three years. Presenting ti~e award to Mr. Bailey were Mr. Michel Gauthier, President of Festival & Events Ontario, Mr. Wayne Wettlanfer, Parliamentary Assistant to the Minister of Tourism & Recreation, Mr. Tom Butler, K & K Insurance, and Mrs. J'oyce Morocco, Director of Sales at Niagara Falls Tourism. Mrs. Morocco, former colleague and close friend of Mr. Bailey had the opportunity to say a few words at the ceremony and felt "...it was a great honour to present Greg with this award, he has been a major inspiration to our organization and the event industry as a whole." For Mr. Bailey "It was an unexpected honour to be inducted into the FEO Hail of Fame. I will miss working with many friends and colleagues I made during my employment with the Winter Festival of Lights." Oreg took an early retirement last year after being diagnosed with Parkinaon's in 1995. A farewell reception held in his honour last summer drew many admirers and well-wishers. -30- For more information contact the Niagara Falls Tourism office At 905-356-6061 U3/1~/2003 i0:52 i~053587443 GNGH DEV./COM. REL PAGE FouNDATION NiAG, FNLLS CLERK:5 i]..4 Ui.419 -- P/gfffNERING Wfnl 00g COMMU[~I'rY ][r~g A HIr~t,TH|I;'~R MAGARA --- March 18, 2003 Mr. Dean lorfida City Cl¢rk City Hall 431.0 Queen St. Niagara. Falls, ON t.2E 6X5 Dear Mr. lorfida: On behalfo fthe Oreater Niagara General'HoSPital Foundation and The Club Italia Ladies Auxiliary, I would like to request ~he opportunity to make a short presentation' at the next city council meeting on Monday, March'314. As you are aware, the hospital is p~cparhg for the ~ldition of a new Emergency Department. Club Italia has stcpp~t up ~itb a major commitment to the fundraisiug campaign, To help promote both their fundraising efforts and to increase public awareness, three representatives oftbe Club Italia Ladies Auxiliary and Jeff Morgan or ~..llg~.ge~atlev ,of the GNOH Fotmdation Board would like to be included on the agenda. A spaghetti dihner hosted by the Ladies Auxiliary will take .place on Sunday, April 6m at Club Italia. Event chairwoman Marg~UtiIa Radie~, Auxiliary president Lena Rizzo, and Auxiliary member Mary Fruci will.repreSent Club Italia. Please do not hesRate to contact me with any additional questions~ I look forward to a positiw response. Carri~ Hutton Campaign Manager 2003 CLUB ITAL~ LADIES AUXILLIARY PRESENTS z~THANNUA£ 5'PA GHETTI DINNER IN SUPPORT OF GNGH NEW EMERGENCY DEPARTMENT CAMPAIGN SUNDAY, APRIL 6TH, 2003 AT 'CLUB ITALIA 2525 MONTROSE RD. 12:00 NOON ~TIL 6:00 P,M. TICKETS: KIDS - $4~.00 (4~-12 YRS) ADULTS - $7.00 TAKE-OUT I; AVAILABLE FOR TICKETS CALL CLUB ITALIA AT (905)374-7855 OR GNGH FOUNDATION OFFICE (905)358-4900 From: To: Subject: Larry: Dean Iorfida savage@yorku.ca URGENT- PLease Call by 11:00 am Since we have not spoken directly on your request for a deputation, my understanding is that you wanted to address Council because you felt that staff was not providing you with answers regarding some Aldermanic expenses. I would like to advise you of the following options available to you: 1) Ask the Alderman directly about his or her expenses; 2) Make a request under the Municipal Freedom of Information Act for records in the possession of the City regarding such expenses; or 3) Request Council to direct Staff to release such information to you as Council may direct. I am not sure if you have pursued options 1 & 2 but you evidently wish to pursue option #3. With that in mind, there is a report scheduled for Monday entitled 2002 Annual Statement of Remuneration and Expenses, therefore, it may be appropriate that you be listed as a deputation for Monday (March 17), if you still wish to be a deputation. I need to know ASAP as I will be finalizing the agenda at 11:00 a.m. this morning. Sincerely Dean CC: John MacDonald Mr. Savage did not make contact in time to be on the Agenda for March 17th, hence, :the reason he is listed for March 31st. Dean ~ Iorfida: E-Mail ResPOnse .............................. -I~e-~ From: Dean Iorfida To: savage@yorku.ca Date: 3/18/03 2:29PM Subject: E-Mail Response Larry: I re-checked my in box and spoke to John MacDonald's office. Neither he nor I received your e-mail response on Friday (nor subsequently). Our e-mail and Internet were working fine on Friday. Dean CC: John MacDonald Clerk's Department Inter-Deoartmental Memorandum The City of To: Mayor Wayne Thomson Date: March 31, 2003 & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Willie Tracey Request for Deputation I received the attached correspondence and request for deputation from Mr. Willie Tracey on March 4, 2003. Mr. Tracey's letter outlined his suggestion that the parking hours for downtown be extended. Because a report related to his suggestion was being presented at the March 18t~ Parking & Traffic Committee, Mr. Tracey was directed to attend the Committee meeting. As the report on tonight's agenda indicates, the Parking & Traffic committee is recommending that a decision on the extension of the parking hours for downtown be deferred until June. Because of the Committee's deferral, Mr. Tracey is asking to address Council. Also, Mr. Tracey had other concerns which were forwarded to Inspector Doug Kane, who has since spoken to him. Wor~in0 To0etfier to Serve Our Commnnit2 WILLIAM TRACEY 4462 BRIDGE STREET NIAGARA FALLS ON. (905) 354- 5807 Mamh 4, 2003 Your Worship and Members of Council: I'm here tonight to address a concem that has been bothering myself and other neighbours in the downtown area, and that is the Farmers parking lot (lots 10 a - 10 b), as well as the old train tracks across the street on Park Street (Hydro sub Station) From Wednesday to Saturday nights ,Exspecially Wed and Sat nights. These parking lots and the property across the street are filled with cars. They go as far as parking on City grasses once the parking lots are filled They park where -ever it is convenient for them to park ,Causing damage to the grass. Upon leaving the lots if the line up is to long to get out these drivers will and d o ddve over the crubs over the grass areas spinning there tires and ruining the grass My concern is who's going to pay for the damages done to these area's. I don't Believe the owners of these bars are going to pay, they didn't do it ( no but their patrons do the damage). What arks me is as soon as a skateboarder or kids playing hockey in the lots are seen they are ask to leave ,with no damages caused on their behalf. I'~ve spoken with several Tax payers in our area and they are very upset with the loud music, cars peeting there tires, fights, the swearing and Iowd conduct urinating and puke on the sidewalks. The police have been called on several occasions sometimes the response is quick but the majority of the time by time time the police show up the culprits have gone. My understanding is that there is a noise By -Law in effect at all hours of the day, But when someone voices there concern about the loud music nothing is done. I'm sure ,No I'm positive if I where to have a party (and I've had a few) If my music is loud and the police showed up I'm told if I don't shut it down I will be charged with disturbing the peace. Is this because I don't pay large taxes or have off duty police officers on staff, is there separate By - Laws for these bars. It's bad enough we have 10 - 15 bars with - in walking distance in the downtown core. In the last 2 years the Downtown area has lost out on several perks ag. The new Y M C A Community center Boy's and Gids club The skate board park as well as shopping malls or big box stores all to the Mc load and Morrises St redevelopment areas The downtown area has become another Niagara Falls New York. People are afraid to go out a leisurely walk downtown and in the moming the streets are littered with flyers beer bottles puke and other damages. So heres my suggestions Myself and others would like to see. 1- Extend the hours of operation in these lots 2- Use the extend monies to pay for bus services for the downtown youth and elderly to get to these new community centers and big box stores. 3- Increase the presents or the police and dde programs 4- Make the bars in these areas responsible for there patrons ag, don't just stand there and let guest park on the grass or laugh or encourage them to light up there tires as seen before during the summer months. you as members of councillors have the operatetonity to do some thing before serous or deadly problems occur like the recent ones that have plagued other bars in the last recent months which have taken countless and innocent lives. Thank you for your time and I hope these issues can be resolve quickly before anything serious does happen and its to late for someone to pay attention Respectfully Yours. William Tracey Enclosure: Resume Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www,city,niagarafalls,on,ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: diorfida@city.niagarafalls.on.ca March 12, 2003 Dean Iorflda City Clerk Mr. William Tracey 4462 Bridge Street Niagara Falls ON L2E 2R7 Dear Mr...~facey: Thank you for your correspondence regarding the Park Street Market Parking Lot and other issues related to the bars on Queen Street. I know you wish to address Council, however, there is some additional information that you should be apprised of that may make such a deputation unnecessary at this point in time. Firstly, your suggestion that the hours for paid parking be extended is already being contemplated. In fact, I am including a report that will be presented to our Parking & Traffic Committee on March 18t~ which makes the same recommendation. This report is not for public consumption at this point in time, however, because of your interest in this matter I am providing you with a copy. The Parking & Traffic Committee's meeting on March 18th is at 4:00 p.m. in Committee Room 2A & 2B at City Hail. I would encourage you to attend this meeting. As you will note in the report, staff is recommending that an off-duty police officer be used to help with enforcement. There are costs involved, as the report indicates, so it is doubtful that there would necessarily be revenues that could go into increased bus routes. (As an aside, money raised through the parking fund is earmarked for maintenance of parking lots and new equipment. It does not go toward other projects.) Your other concerns are a matter of police enforcement; therefore, I have sent a copy of your letter to Inspector Doug Kane. You will also be pleased to note that the Police have been increasing their enforcement efforts at area bars. Please find attached a Media Release about a recent multi-agency, enforcement initiative. With regard to the nosie by-law, the City does have such legislation in place. There is a process, however, which requires a complainant to compile a log of incidences; therefore, the by-law is not effective for one time only noises. I assume, you are correct that the Police do have the authority to charge for disturbing the peace Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development - 2 - M~¢h 12, 2003 Once again, I suggest that you attend the upcoming Parking & Traffic meeting. Perhaps, you could monitor the situation downtown and if the problem does not seem to diminish, we will schedule your deputation at that time. Please call me if you have any questions. Sincerely, Dean Iorfida City Clerk Ext. 4271 Corporate Services Department Niogoro Foils C° Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city,niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: diorfida@city.niagarafalls.on.ca Dean Iorfida City Clerk March 13, 2003 /nspector Doug Kane Niagara Regional Police Niagara Falls Division 4343 Morrison Street Niagara Falls ON L2E 6Z9 Dear Doug: Please find attached a letter from Mr. William Tracey, a downtown resident. Mr. Tracey has various valid concerns. I have sent him a response regarding the City's plan to extend parking meter hours in the downtown area. Could you please respond to him regarding the Police's enforcement in the downtown core. If you have any questions, feel free to contact me. Sincerely, Dean Iorfida City Clerk Ext. 4271 Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems Legal Planning & Development NIAGARA REGIONAL POLICE SERVICE 68 CHURCH STREET ST, CATH^RJNE~ ONTARIO, CANADA, L2.R 3C6 TELEPHONE ~05-~68.4111 FAX 9gS-68S~D81 MEDIA RELEASE ~OOZ/O02 FOR RELEASE: 2003-02-23 IMMEDIATE LONG OATE ~IME DIEIRIBUTION PP, EPARE D: 2003~02-03 2200 NIAGARA FALLS MULTI-AGENCY INSPECTIONS OF LICENCED ESTABLISHMENTS IN NIAGARA FALLS On Friday, February 21sL 2003, a muEi-agency inspection team headed by the Niagara Regional Poi[ca Service and the Alcohol and Gaming Commission conducted detailed inspections at several popular licenced establishments in the City of Niagara Falls, The multi-agency team. comprised of inspectors from the Niagara Falls Fire Department, Canada Customs and Revenue Agency. Immigration, City and Regional By-Law enforcement, Alcohol and Gaming Commission, and several officers from the Niagara Regional Police Service, began the inspections at approximately 9 p.m., con. clud|ng at approximately 03:30 a.m. The zero-tollemnce focus of the multi-agency approach was to ensure the safety of the community. prevent any further dub related tragedies, and raise the level of awareness of the llcenced facility owner and operators. The inspection team visited a total of 10 licenced establishments in Niagara Falls, noting a variety of tim-code related offences, violations under file liquor licence act. an overcrowding situation, and throe arrests for iremigration related matters. Police also arrested two males for alcohol related offences, and a third for assault. The recently formed 5 member police unit has been tasked with traffic enforcement initiaUves relating to problem areas, and to provide specific enforcement in the Downtown core dudng pededs of peak demand. con't .... PREPARED BY: D. KANE INSPECTOR #4266 22 DiV. NAMB RANK & FIL~ NO, UNiT AUTHORIZED BY: D, KANE INSPECTOR ~266 22 DiV. 02/~3/03 22:37 FAX 308 NTAG Niagara Regional Police Service Media Release - Continued: -2- After one week of operation, this unit. accompanied by membem of the Alcohol and Gaming Commission, Investigatad 15 liquor infractions, made a total of t3 arrests, and charged 5 patrons with alcohol related offences, 2 motorists were charged with impaired driving, and 2 - 12 hour suspensions were issued. A total of 111 traffic tickets were issued during this perfod. The multi-agency inspections along with the 5 officer team are considered to be very successful, and will continue. The Police credit the excellent co-operation between agencies to make this ir)itlatlve a valuable success to our community. Most of the licenced establishments co-opereted with the inspection team. OSPREY MEDIA GROUP - Niagara Falls Review ~ Print Version - Story ID 25738 Page 1 of 1 Printed from www.niagarafallsreview.ca web site Friday, March 14, 2003 - © 2003 Niagara Fails Review Bar crEEk-a -W- nets n ractions, crimina ges By ALISON LANGLEY Review Staff Writer Friday, March 14, 2003 - 02:00 Local News- NIAGARA FALLS - Ten local bar-owners are facing disciplinary action by the Alcohol and Gaming Commission following a month4ong multi-agency investigation of the city's licenced establishments. Such disciplinary action may result in licence suspensions. In total, the investigation resulted in 160 provincial offence notices being issued - 35 of which were related to Liquor License Act violations - and 25 criminal charges were laid. The criminal charges included weapons offences and impaired driving. The Niagara Regional Police launched the investigation Feb. 5 in response to numerous complaints about various downtown bars. "Specifically, there were a number of complaints regarding problems on Queen Street which was a mitigating factor for us putting together this multi-agency inspection team," said Sgt. Edd Typer. "We made a further decision that, even though the primary complaints came about Queen Street, we thought it would be an ideal opportunity to look into the nature and condition of all the other licenced establishments." Typer said the team took a zero tolerance approach to ensure the safety of the community and compliance with all municipal and provincial regulations. The inspection team, which included members of the NRP, the Niagara Falls Fire Department, Canada Immigration, Niagara Falls and regional bylaw enforcement and the Alcohol and Gaming Commission, visited all licensed establishments in Niagara Falls and one in Niagare-on-the-Lake. Throughout the course of the investigation, 18 people were deported to the United States by Immigration officers and 70 people were refused entry into the country by Canada Customs. Also, 27 fire regulation charges were laid. "We really felt that the excellent co-operation between the various agencies made this initiative a very valuable success in our community," Typer said. He said he hopes to see similar initiatives launched over the next few months. ID- 25738 / nntable as ? a er=www · .. p ' . p.p P - .niagarafallsreview.ca&contentlD=25738&annewspapername=N03/14/2003 niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356-8080 Fax: 905/356-7004 February 20, 2003 I't[{~, FRLLS CLERKS '03 0~.~ i5,cO His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Proposed Changes to City By-Law No. 85-189 and City By-Law No. 85-242 RECOMMENDATION: The Niagara Falls Public Library Board recommends that the following By-Law changes be approved by City Council. BACKGROUND: The Mini~ry of Culture has made changes to the Public Libraries Act as part oftbe Government Efficiency Act, which received first reading as Bill 179 on Sept. 25, 2002. The Government Efficiency Act received Royal Assent on November 26, 2002 and introduced amendments to various parts of Provincial legislation including the Public Libraries Act. These changes are now in effect. Highlights of Changes: The amended Act now states that "A public library board shall be composed of at least five members appointed by the municipal council." Previously, a public library board could be composed of at least five and no more than me members appointed by the municipal council with the public and separate school boards required to make recommendations to the municipal council. At its meeting on February 19, 2003, the Niagara Falls Public Library Board approved a motion recommending to City Council that the following City By-Laws be amended to reflect the current Public Libraries Act: By-Law No. 85-189 concerning the size of the Niagara Falls Public Library Board. The Board believes that the total number of nine Board members has proved to be effective and efficient and should be ma'mta'med by amending the By-Law as follows: niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356-8080 Fax: 905/356-7004 Whereas Section 9(1) of the Public Libraries Act provides that a public library board shall be composed of at least five members appointed by the municipal council, the Niagara Falls Public Library Board shall be composed of nine members appointed by the municipal council. By-Law No. 85-242 concerning the composition of the Niagara Falls Public Library Board: Our Board is pleased that the Act no longer requires school boards to make recommendations to municipal council for membership on public library boards. At its meeting on December 20, 2000, the Niagara Falls Public Library Board approved such a motion and wrote to the Ministry that "only municipal council should invite applications from the public for appointment to a public library It is recommended that By-Law No. 85-242 be changed as follows: FROM: Mayor; Three other Council appointees, either Aldermen or Citizens; Three appointees by the Niagara South Board of Education; Two appointees by the Welland County Roman Catholic Separate School Board TO: The Mayor or an Alderman; Eight other appointees, either Aldermen or Citizens. Note: Section 10(2) of the Act states that Council shah not appoint more of its own members to the Board than the number that is one less than a majority of the Board. Please contact me at any time if you have any questions or comments. Respectfully submitted: Joe Longo Chief Librarian CITY OF NIAGARA FALLS By-law No. 85 - 189- A by-law to change the size of the Niagara Palls Public Library Board. WHEREAS Section 9(1) of the Public Libraries Act, 1984, Statutes of Ontario, 1984, Chapter 57 provides that a public library board for a municipality whose population is less than 100,000 shall,be composed of at least five and no more than nine members appointed by the municipal council. .MOW TF. EREFORE T}~ COUNCIL OF ~ CORPORATION OF THE CITY OF N!AG~ PALLS ENACTS AS FOLLOWS: 1. That the Niagara Palls Public Library Board shall be composed of nine members appointed by the'municipal council. 2. That the Council of The Corporation of the City of Niagara Palls hereafter appoint members to constitute The Niagara Falls Public Library Boar4 as provided by Sections 9 and 10 of the Public Libraries Aet, 198~. 3. That this by-law shall come into force and take effect on the date of the final passing thereof. Passed this.~.--30th, day of .September , 1985. SMEATON, MAYOR First Reading: Second Reading: Third Reading: September 30 , 1985. September 30 , 1985. September 30 , 1985. CITY OF NIAGARA FALLS By-law No. 85 - 2~42 A by-law to provide for the composition of the Niagara Falls Public Library ~oard. THE COUNCIL OF YHE CORPORATION OF THE CItY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. ~hat the composition o~ the Niagara Falls Public Library Board as follows: May~r; ,~ Three other Council appointees, either Aldermen or Citizens; Three appointees by the Niagara S0uth4Board of Education; Two appointees by the Welland County Roman,Catholic Separate School Board; is hereby approved. Passed is 16th day of December 1985. ' f wZ~LIAM ~. SM~ATON, MAYOR First Reading: Second Reading: Third Reading: December 1~ 1985. December 1~ 1985. December 1~ 1985. Gorpgrnt. ~ervlGes Department Planning & Development The CHy of..~l/~l~. 4310 Queen Street Nlagaro FalLsll~m, P.O. Box 1023 CQrt~m~ Niagara Fails, ON L2E 6X5 web site: www.city.niagarafells.on.ca ~-I~ Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning~city.niagarafalls.on.ca PD.2003-31 Doug Darbyson Director March 31, 2003 His Worship Mayor Wayne Thomson and Members of thc Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-31, Revisions to the Sidewalk Caf6 Guidelines RECOMMENDATION: It is recommended that Council approve the revised Sidewalk cart Guidelines attached as Appendix "A". AND THAT A REPORT BE BROUGHT BACK REGARDING SEATING CAPACITY AND THE NUMBER BACKGROUNDi OF REQUIRED WASHROOM FACILITIES. The Sidewalk Caf6 Guidelines provide direction for the development of outdoor patios on municipal sidewalks, in conjunction with restaurants. The Guidelines were adopted in September 1994 and have served to guide the development of a number of sidewalk cafes. Although thc Guidelines function well, two revisions arc proposed as well as several minor housekeeping changes. These two revisions are as follows: Increasing thc width of the sidewalk for public pedestrian movement from 8 feet (2.4 metres) to 10 feet (3.0 metres) to improve circulation and safety for pedestrians using the sidewalk. increasing the ml-imum seating capac/ty from 10.7 square fcct (1.0 square metre) per p~rson to 11.8 squarc feet (1.1 square metres) per person to harmonize this standard with thc regulations of the Alcoho! and Gaming Commission of Ontario (AGCO). Planning Analysis 1. Increasing the sidewalk clearance for pedestrian movement to l0 feet (3 metres). The Sidewalk Caft Guidelines were originally designed for Queen Street which has moderate pedestrian traffic. A reduced sidewalk clearance of 8 fee~ (2.4 metres) would suffice. However, for tourist district streets such as Victoria Avenue, Clifton Hill and certain parts of Fallsview Avenue, the sidewalks are heavily travelled during the peak tourist seasons. Congestion on thc sidewalks can force pedestrians onto travelled areas of streets causing a safety concern. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems . Legal · Planning & Development March 31, 2003 - 2 - PD-2003-31 Increasing the sidewalk clearance to a general width of 10 feet (3.0 metres) would provide a little extra room for pedestrian circulation. However, the revised policy would allow for evaluation on a site by site basis should pedestrian traffic warrant a larger or smaller sidewalk clearance than 10 feet (3.0 metres). This increase would have a minor impact on the area of a sidewalk caf6 that may be developed but generally it should not prevent restaurants from establishing sidewalk caf6s. Increasing the minimum seating capacity from 10.7 square feet (1.0 square metres) per person to 11.8 square feet (1.1 square metres) per person. The majority of sidewalk caf6 operators seek liquor licences for their caf6s. The AGCO has a higher standard for calculating seating capacity for licensed caf6s. It would be logical and less confusing to the public to harmonize the Sidewalk Caf6 Guidelines with the AGCO requirements as most of the caf6 operators will need to meet the requirements of the AGCO. The other changes illustrated in italics (and deleted words) in the attached Sidewalk Caf6 Guidelines are of a minor housekeeping nature, meant to clarify the regulations of the Guidelines and remind applicants of the regulations of other agencies (i.e., AGCO) which may be applicable. One change is that a minimum emergency evacuation route on the sidewalk caf6, required to be 3.2 feet (1.0 metres) in the original Guidelines, may need to be greater than 3.2 feet (1.0 metres) in accordance with the requirements of the Ontario Building Code and/or fire regulations. Another change is increasing the separation from the curb of sidewalk caf6s that abut the street curb fi.om 1.5 feet (0.5 metres) to 3 feet (0.9 metres) to minimize conflicts with vehicles. CONCLUSION: The changes to the Sidewalk Caf6 Guidelines are minor in nature and are intended to update the Guidelines to recognize existing situations and to harmonize the Guidelines with AGCO requirements. Prepared by: Planner 2 Recommended by: ~t~ug Darbyson Director of Planning & Development /'gespectfully subjnitted: / ~// ~hih;eflV~adCmEDi~instrative Officeald ' r Approved by: Executive Director of Corporate Services AB:tc Attach. S:~PDR~2003~PD2003-31, Revisions to the Sidewalk Cafe Guildelines.wpd The City of Niagara Falls Canada SIDEWALK CAFE GUIDELINES Planning and Development Department Council Approval September 12, 1994 Revised March 2003 Sidewalk Caf6 Guidelines Introduction: The information contained in the Sidewalk Caf6 Guidelines is intended to serve as a general guide to those wishing to establish a sidewalk caf6 on municipal property and to assist staffin the review of applications for a sidewalk caf& The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibility with adjacent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol & Gaming Commission of Ontario (A GCO). Each application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council of the Corporation of the City of Niagara Falls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk card shah conform to any applicable provisions of the Zoning By-law, the Ontario Building Code, the Fire Code and Site Plan Control. Definitions: Outdoor Private Caf6 means an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a l',ccii3cd restaurant on the same property. Sidewalk Caf6 means that portion of municipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refi'eshments are served and consumed in conjunction with a licensed restaurant. Seasonal means the six month period from May 1 to October 31, both inclusive. FIGURE '1 - CAFE LOCATIONS Zoning: A sidewalk caf6 shall be located in a commercial zone land us~ ~,.t=go,y of the Zoning Ds -la, where a restaurant is a permitted use. A sidewalk caf6 must be part of a restaurant use established in an existing building as defined in the Zoning By-law and have a restaurant licence issued by the Corporation of the City ofNiagara Falls. Occupancy andparking requirements of the sidewalk cafd and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by-laws where applicable. Criteria: Pedestrian Movement - The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of~ 3.0metres (SrO lO. O feet) shall no,,,i,,ll.v be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2. 4 metres (8feet) if the sidewalk cafg is located on a sidewalk that does not have heavypedestrian traffic, or increased above 3. 0 metres (10 fee0 where pedestrian volumes are excessive. Sidewalk caf6s shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. FIGURE 2 - PEDESTRIAN MOVEMENT Placement - The placement of a sidewalk caf6 ilia5,' bc ¢,,.tigiiouo .Mth will abut the property where the related restaurant use is located. Alternatively, the sidewalk caf~ may be placed within 0.9 metres (3feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk caf6 must satisfy the City's pedestrian movement criteria. Where a sidewalk caf6 is to extend into the area in front of an abutting property/business, written consent of the affected property/business owner must be provided at the time of application. The sidewalk caf6 may be located at the front or exterior side of a lice.sod restaurant use. Design: Enclosure - The outdoor sidewalk caf6 shall be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing, planter bo~es/containers or similar barriers. Such barriers should be free standing, structurally sound and finely fabricated. The height and placement of the bathers should ensure that sight lines are not impeded so that safety is ensured. The barrier wouM be subject to the requirements of the AGCO if the sidewalk cafd is licensed. 3.0 m I~ Planters or RemoVable Fencing Access - The sidewalk cafd shall be designed to ensure a d~,, l. O, ,i~;, ~ (3.2 fe~;) ~,;d~ ~,i~, ,;~,,~j, ~v,,~,,,,;;~,,, , ,,,;e i. ,,vail, g& ,; ,,Il ;ini~o ;u ~rid ftutii ;]tc li~¢,,o~d, coiciii?'ciiil minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the [ic~iio ~d restaurant. In no case shall this route be less than 1.0 metres (3.2feeO. The sidewalk caf~ shall not impede any existing barrier-free access to thc. lic¢itsed restaurant. The design and placement of a sidewalk caf~ should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity - A minimum o f-l-r0 1.1 square metres (10.7 11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk caf& Service Areas - Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk caf6. Decorative garbage containers may be strategically provided within the limits of a sidewalk caf6. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk caf6 area or encroach into the pedestrian movement area. Fixed or retractable awnings shall be permitted only where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk caf6 licensee. Approvals: Application - An application to establish a sidewalk caf6 on any portion of municipal property shall submitted to" ~ ": ......... ' ~' '-'- ' .... ~' "-~ Planning d De elopme t S rvices t~artrn'ent, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to vari,.,uo agencies ~,d'~'~t"~"""'"* the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a laiOiiiiiic, iit conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk caf~ for comment prior to entering into an agreement. Agreement - Where an application for an outdoor sidewalk caf6 is approved, the owner and/or operator shall enter into an agreement with the Corporation of the City of Niagara Falls conceming, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk caf6 owner/operator shall agree to save harmless the City for any matter arising as a result of the sidewalk caf6 and its operation by way of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing furniture, fixtures, etc., after hours. Fees - Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City of Niagara Falls By-law regarding schedule of fees for service as established from time to time. Utilities - It will be the responsibility of the operator to secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewalk caf6. Maintenance - The operator will be responsible for all maintenance of the sidewalk caJd including, but not limited to, the cleaning of tables and cafd surface and the pick-up of litter, etc., of thc ~,,~,~,~,~ ,~,~,,~. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure - All furniture, fixtures and fittings shall be removed from City property at the end of the season in accordance with the terms of the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours - The outdoor sidewalk caf6 shall remain closed during the period of 11:00 p.m. and 8:00 a.m. the following day. Taxes - The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations - The operator of an outdoor sidewalk caf6 shall meet the regulations and by- laws of the City of Niagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. AB:tc Revised: March 24 2003 S 5SIDEWALK\GENERAL\Guide[ines.wpd [] NEW NAME OF APPLICANT NAME OF BUSINESS ADDRESS AGENT (IF ANY) ADDRESS RENEWAL [] PHONE FEE $500.00 POSTAL CODE PHONE POSTAL CODE REGISTERED OWNER'S AUTHORIZATION I/WE .(PRINT NAME), .(PILINT NAME) BEING THE REGISTERED OWNER(S) OF THE LAND DESCRIBED HEREIN, AM AWARE OF THE PROPOSED SIDEWALK CAFE, AS INDICATED ON THIS APPLICATION AND CONCUR WITH THE REQUESTED OUTDOOR USE. SITE LOCATION (STREET & NO.) (PRINT OWNER'S ADDRESS) PLAN/CONC. NO. LEGAL DESCRIPTION - LOT NO. APPLICATION IS HEREBY MADE TO OPERATE A SIDEWALK CAFI~ ON MUNICIPAL PROPERTY HAVING AN AREA OF SQ. M. AND SEATING FOR PERSONS. IS THE SIDEWALK CAFI~ TO BE LICENSED TO SERVE LIQUOR? [] YES IF YES, A COPY OF THE AGCO APPLICATION IS TO BE ATTACHED. [] NO IF THE RESTAURANT IS LICENSED BY AGCO, THE LICENCE IS FOR PERSONS. SIGNATURE DATE S:~S IDEWALK\General~Application fm.wpd DATE RECEiVED 1. PLAN REQUIREMENTS: Seven (7) Copies of an Ontario Land Surveyor's plan drawn to scale showing: 4. 5. 6. the lands to which the application applies, together with property boundaries and dimensions the location of all sidewalk fixtures, including trees, light fixtures, hydrants, signs, parking meters and machines and trash receptacles the general layout of chairs, tables, fencing, planters, trash receptacles, etc., to be placed on the sidewalk building entrances and dimensions sidewalk surfacing material details of securing fencing onto city sidewalk 2. FEE: $500 $2OO $300 $500 Planning and Development Review Legal Services - Agreement Preparation 3. OTHER: A Copy of AGCO liquor licence application (if sidewalk caf6 is to be licensed for serving liquor). Corporate Services Department City of Niagara Fails Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905} 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2003-32 March 31, 2003 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2003-32, Recommendation Report Willoughby Gardens Draft Plan of Subdivision File: 26T-11-2002-03 (Revised) Owner: Guardian Inter-Funding Inc. RECOMMENDATION: It is recommended that: 1) the Willoughby Gardens Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draf~ plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: Proposal The applicant proposes to subdivide a 0.641 hectare (1.58 acre) site into eight lots for single- detached dwellings. The propertyis on the west side of Willoughby Drive, south of Gunning Drive as shown on Schedule 1. The proposed roadway is a short cul-de-sac with lots behind existing semi- detached dwellings on Willoughby Drive. Schedule 2 illustrates the subdivision layout. Public Consultation The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on September 16, 2002. There were no members of the public at the meeting and no letters of concern have been submitted. I~orking Together to Serve Our Community Clerk's · Finance Human Resources Information Systems Legal Planning & Development March 31, 2003 - 2 - PD-2003-32 Planning Review Various matters were considered in assessing the proposed plan of subdivision. Based on this analysis, approval is recommended subject to typical conditions associated with urban development. The review of the plan is addressed under the following headings. Official Plan and Zoning By-law The City's Official Plan designates the property Residential which permits a variety of housing types. There are single-detached homes located to the north and west of the subject land. Semi-detached dwellings abut the property to the east, and several apartment and townhouse developments exist to the south and east. The Canadian Niagara Power corridor is directly to the west of the proposed plan. The Official Plan promotes a compatible mix of housing types and lot sizes to provide a full range of housing opportunities. This proposed infill subdivision will be compatible with the established neighbourhood. The site and abutting land to the east containing the semi-detached dwellings is zoned Residential Single Family and Two Family (R2) through Zoning By-law No. 79-200, as amended by site specific By-law No. 99-147. This zoning category requires a minimum lot area of 370 square metres (3,983 square feet) and minimum lot frontage of 12 metres (39.4 feet) for single-detached lots. The proposed lots in the subdivision satisfy these minimum requirements. Subdivision Design The plan consists of land that was formerly the rear yard areas of deep lots fronting on Willoughby Drive. The land assembly process occurred over a number of years through severance applications (files B31/2000, B32/2000, B33/2001/NF and B34/2001/NF). These severances were supported on the basis of the future comprehensive subdivision development of the land and a preliminary concept for a cul-de-sac design. The proposed subdivision represents a more efficient use of this urban residential land. The developer has made revisions to the plan layout to comply with zoning provisions and design requirements for the cul-de-sac bulb. The pie-shaped lots in the original submission did not satisfy the technical lot frontage definition of the by-law intended to avoid properties with narrow street frontage. The lot lines have been shifted resulting in more proportional lots and an overall improvement to the lotting design and future streetscape. Easement areas along the west botmdary of the subdivision are identified as blocks in the plan and will be combined and utilized as part of the building lots. An increased cul-de-sac bulb size assists in achieving the lotting improvements. This revised road allowance meets the City's needs and provides an adequate boulevard width to accommodate municipal and utility service installation. Emergency access issues are addressed, recognizing constraints associated with infill sites, by the short throat of the roadway and maximizing the pavement area on the cul-de-sac bulb to allow proper turning movement for larger vehicles. The roadway will only serve eight residential dwellings. Sidewalks are not requested on the cul-de-sac due to the anticipated low pedestrian and vehicle volumes and in accordance with municipal practice. Stormwater within the plan will be contained on-site through the drainage system design. Cash-in-lieu of parkland dedication is requested. March 31, 2003 - 3 - PD-2003-32 Regional Comments Standard conditions for servicing have been requested by the Regional Public Works Department to allow development of this subdivision. The Regional Planning Department has reviewed the proposal with regard to the Regional Policy Plan and also Provincial policies. The infill subdivision provides single-detached lots with the potential for affordable housing and meets the "Smart Growth" objectives being promoted by the Region. Agency Comments Canada Post has indicated that the existing door-to-door delivery provided for the adjacent homes will be extended for this subdivision. Canadian Niagara Power operates the abutting electrical transmission corridor to the west and retains an easement over a portion of the plan for tree trimming and access. Conditions are requested regarding grading/drainage and building placement in this area. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The application complies with the policies of the Official Plan and the R2 zoning in effect on the land. The Willoughby Gardens Draft Plan of Subdivision is an appropriate infill development of the site that will be compatible with the existing neighbourhood. The required conditions of approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 despectfully submitted: / cD~onal~ ministrative Officer Recommended by: ~Doug Darbyson irector of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. FILE: S 5PDR~2003~PD2003-32, Willoughby Gardens.wpd March 31, 2003 - 4 - PD-2003-32 APPENDIX Conditions for Draft Plan Approval Approval applies to the revised Willoughby Gardens Draft Plan of Subdivision prepared by Suda & Maleszyk Surveying Inc., dated received March 20, 2003, showing 8 lots for single- detached dwellings. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enfoming such conditions. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. The subdivision be designed and constructed in accordance with the City's Subdivision Policy which, in part, includes the following: a) construction of 8.0 metre wide pavement on the straight roadway section with a 12.7 metre wide pavement radius on the cul-de-sac bulb; b) dedication of the road allowance to the City as public highway and the street named to the City's satisfaction; c) provision of water distribution, sanitary sewer and storm sewer systems including a major and minor storm sewer design concept; d) provision of an overland stormwater flow route; e) connection of all weeping tile flow to the storm sewer via sump pumps; and f) application of the City's Lot Grading and Drainage Policy. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. The developer grant the City and Public Utilities any easements required to service the subdivision. 7. The developer pay the City cash-in-lieu of 5% parkland dedication. 8. The developer provide boulevard trees in accordance with City policy. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to Planning & Development confirming that all lots comply with the Zoning By-law. 10. The developer provide six copies of the pre-registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 11. The design drawings for the water, sanitary sewer and storm sewer facilities for this plan be submitted to the Regional Public Works Department for review and approval. March 31, 2003 - 5 - PD-2003-32 12. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing for this development. 13. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning Department acknowledging that draf~ approval is not a commitment of servicing allocation by the Region as this servicing allocation, if available, will be assigned at the time of final approval of the subdivision for registration. 14. Immediately following notice of draft plan approval, the developer provide the Regional Planning Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. 15. The developer submit lot grading and drainage plans to Canadian Niagara Power for review and approval. 16. The Subdivision Agreement include a clause to the satisfaction of Canadian Niagara Power, indicating that no buildings or structures (other than fences) shall be constructed or placed closer than 4.5 metres from the westerly boundary of the subdivision. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Conditions 11 and 12 Regional Niagara Planning and Development Department for Conditions 13 and 14 Canadian Niagara Power for Conditions 15 and 16 Proposed Plan of Subdivision Willoughby Gardens 26T-11-2002-03 (Revised) SCHEDULE 1 Location Map Subject Land k:\gis_requestsL2003\schedules\subdivisions\wgardensh-napping.apr 1: NTS March 2003 L 0 T RECEIVED Corporate Services Department City Niagara Fa,,sJl~l~' Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls. ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca PD-2003-38 Doug Darbyson Director March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-38, Request for Removal of Part Lot Control Lot 143, Registered Plan 59M-183 Matthews Drive, Mount Carmel Extension 2 Applicants: John & Catherine Grimo RECOMMENDATION: It is recommended that: 1) Council approve the request and pass the by-law to designate Lot 143, Registered Plan 59M- 183, as exempt from part lot control; and 2) the respective solicitors be required to notify the City when the separate deeds, as described in this report, have been registered. BACKGROUND: In a letter dated March 7, 2003, the applicant's solicitor submitted a request to remove this property on the northwest side of Matthews Drive from part lot control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing part lot control is for the minor redesign of subdivision lots or the separation of semi-detached or on-street townhouse units. The subject land (Lot 143) is a large frontage vacant lot within the Mount Cannel Extension 2 plan of subdivision that was registered in 1990. The subdivision to the north (Mount CarmelNorth Phase 2, 59M-233) was registered in 1996. This abutting plan was designed with residential blocks intended to be combined in the future with the subject land resulting in a total of three lots similar in size to the surrounding properties. The lands were previously subject of severance applications (files B141/97 and B246/98) which were approved and finalized by the Region to split Lot 143 as shown on the attached Reference Plan 59R-990i (Schedule 2) and add the parcels to the abutting land to create the new lots. However, because of an error in registration, the relotting was invalid. The lands are zoned Residential Single Family (R1A) through Zoning By-law No. 79-200 and the proposed combined parcels satisfy the zoning lot size requirements. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal · Planning & Development March 31, 2003 -2 - PD-2003-38 Solicitors acting on behalf of the vendor and purchaser wish to correct the error. Therefore, they have requested an exemption to part lot control so that the new property lines can be legally created on Lot 143 to merge Parts 1, 2 and 3 on the reference plan with Blocks 14, 15 and 16, respectively, on subdivision plan 59M-233. Correcting deeds to properly transfer the parcels can then establish clear title to the land. CONCLUSION: Prior severances were approved for this purpose through a public review process but have no effect due to deed registration problems. The removal of part lot control will permit the division of the subject land into three parts which will be combined with the blocks in the subdivision to the north to create two new building lots (three lots total). The use of this Planning Act mechanism is appropriate to rectify this situation. The respective solicitors should advise the City when the land transactions described in this report have been completed. If Council approves the recommendation of this report, the by-law to designate the land as exempt from part lot control is included in tonight's Council agenda. The registration of this by-law is required forthwith to allow the completion of a scheduled sale. Prepared by: Richard Wilson Planner 2 John MacDonald Chief Administrative Officer Recommended by: ~Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:am Attach. S:h°DR~2003h°D2003-38, Lot 143 Matthews Dr/ve.wpd Martens Lingard Maddalena Robinson Koke Barristers & Solicitors PETER J. LINGARD, BSc. (Eng), LL.B.' RONALD E. MARTENS, E.COMM., LLB, THERESA MADDALENA, B.A., LL.B. PETER B. ROBINSON, B.A., LL.B EDWARD J. KOKE, B.A., LL.B. COUNSEL: WILLIAM H, ROSINS, 195 KING STREET ST, CATHARINES, ONTARIO L2R 3J6 TELEPHONE 905-687-E551 FAX 90S-687-6553 March 7, 2003 BY TAXI AND FAX: 374-7500 Planning & Development Department City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Richard Wilson Dear Mr. Wilson: Re: Lot 143, Plan 59M-183 Our File No.: 10465 Further to our recent telephone conversation, we hereby apply for a By-law to exempt Lot 143, Plan 59M-183 from the provisions of the Planning Act relating to part lot control. We enclose our cheque in the amount of $450.00 payable to the City of Niagara Falls for the fee. The purpose of this application is to correct a Planning Act violation which is outlined in detail in the attached letter (page 2 only) and sketch received from Gary Black, the solicitor for the purchasers of the property described below. The vendors referred to in the letter are John and Catherine Grimo, the registered owners of part lot 143, Plan 59M-183 designated as Part 3, Plan 59R-9901 and Block 16, Plan 59M-233 by deed registered as Instrument No. LT126739 on August 27, 1998 (copy of page 1 attached). Also enclosed is a copy of the Notice of Decision by the Land Division Committee for File No. B246/98 for part of lot 143, Plan 59M-183 being Part 3 on Plan 59R-9901. RECEIVED PLANNING & DEVELOPMENT *CERTIFIED BY THE LAW SOCIETY AS A SPECIALIST IN CIVIL LITIGATION Page 2 Once the by-law exempting the property from part lot control is in place, a new Deed from Dennis Savriga and Gregory Savriga will be registered in favour of John and Catherine Grimo in conformity to the Planning Act. Once this is completed, the by-law may be canceled as the Planning Act violation as described will be corrected. We thank you for your assistance in this matter and would be pleased to answer any further questions in order to resolve this matter. Yours very truly, REM:rr Enclosures CC~ Mr. & Mrs. John & Catherine Grimo 3340 Matthews Drive Niagara Falls, ON L2H 2Z3 Gary Livingstone Black Lancaster, Brooks & Welch Barristers and Solicitors 55 King Street, P.©. Box 790 St. Catharines, ON L2R 6Z1 641-1830 Brian N. Sinclair Barrister and Solicitor 6617 Drummond Road Niagara Falls, ON L2G 4N4 356-7772 -2- We are of the view that a ?lanning Act violation has occurred, (Wl'~t follows is one of those illogical nightmares it seems only The Planning Act can create.) A review of title discloses Dennis Savriga and C-rego~ Savriga (A & B) were the registered o~ers of Blocks 15 and 16, Plan 59M-233 and Lot 1-~3, Plan 59M-183. Both Plans are regist['red Plans. A & B sought to create two building lots. For simplicity, we provide a sketch showing the Blocks as marked and Lot 143 divided into two pieces (in the sketch marked 143-1 and 143-2). The title abstract discloses the following sequence: Deed LT126737 is a Transfer from A & B to A & B of 143-1 (with Form 3, Plannflag Act Consent attached). 2. Deed LT126738 is a Transfer from A & B to A & B of 143-2. 4. Deed LTl 26739 is a Transfer from A & B to the Vendors herein of Block 16, 143-1. Decd LT219647 is a Transfer from A & B to Piccirillos for Block 15 and 143-2 (Boxes 13 and 14 are not completed). None of the Transfers have Box 13 and 14 completed. As we see it, the difficulty arises at the outset of this series of ~ansactions. Thc Severance applied for is a '~ooundary" adjustment severance and Form 3 is a st~mp issued to merge two parcels together. Unformnately, such a severance doesn't contemplate ali property being owned by a commgn owner. We submit that the proper sequence would have been to: First.____~. Transfer Block 16 to A Or B alon..___~e. (Say, A) Second:Transfer 143-1 (with Form 3 attached) to the same A. At that point A would o~,m the merged Block 16 and 143-1 and A & B would o~m the adjoining Block 15 and 143-2. Any subsequent transfer of either combined parcel would have satisfied the provision of The Planning Act. Unfortunately, we are of the view that the combination of Deeds "1" & "2" did nothing because after registmhon of "2", A & B owned a merged Block and part of a Lot (Block 16 and 143-1) which is not a full Lot on a Plan of Subdivision. All t~ansactions subsequent to that Deed "2" had no legal effect because at all such times, the merged Block 16 and 143-1 parcel abutted part of a Lot (ie: 143-2). We are of the ¼ew that the "once a severance always a severance" provisions of The Planning Act s50(12) and 53(21) give no assistance to us here because that section contemplates a subsequem conveyance of a parcel identical to the parcel severed. Deed "2" is not identical, it in¢ludea the parcel severed (143-1), but in total describes a larger proper~. BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356-7755 FAX: (905) 356-7772 12 March 2003 Mr. Richard Wilson Planning & DevelOpment City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Re: Lot 143, Plan 59M-183 In connection with the above-noted property, I copy of letter to you dated March 7, 2003 which from Ronald Martens, which I support. enclose herewith I have received I also enclose copy of a Deed in favour of Michael Anthony Piccirillo and Tina Rose Piccirillo with respect to a transfer of Part of Lot 143, Plan 59M-183 being Part 2 on Plan 59R-9901 and Block 15, Plan 59M-23, which nransaction was consummated on July 26, 2002. I am also enclosing a sketch showing this particular piece of property for your informanlon. I would ask that you also include these lands in the By-law so that we can clear the manner up in one sitting. If you require any further information matter, please call Annette Bayes an my you that information mn connection with this office and she will give Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Enclosures RECEIVED MAR l 2003 PLANNING & DEVELOPMENT Removal of Part Lot Control SCHEDULE 1 Matthews Drive Lot 143, Registered Plan 59M-183 Location Map Subject Land I:NTS I / , .,' ..... ~ Lot 143 - Plan 59M-183 .......... . ~ ~ PA~ 0 · '~ . ~ ~q~- ~ Cl~ OF NIAGARA FA~S Municipal Heritage Committee 4310 Queen Street of The Cily Niclgarcl Fallsll~l~' Niagara Falls, ON L2E 6X5 Can~dQ ~.~ web site: www.city.niagarafalls.on.ca ~ l-- Tel.: (905)356-7521 Fax: (905) 356-2354 E-maih plan ning@city,niagarafalls.on.ca PD-2003-37 Todd Barclay Chair March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-37, Matters Arising from the Municipal Heritage Committee (formerly LACAC) RECOMMENDATION: It is recommended that the matters arising from the Municipal Heritage Committee be endorsed. BACKGROUND: The following matters were discussed by thc Municipal Heritage Committee and are brought forward for Council's consideration. 1. Building Alterations: R. Nathaniel Dett Memorial Chapel - 5674 Peer Street Wilma Morrison, Trustee, on behalf of the British Methodist Episcopal Church of Canada (BME), has submitted a letter stating they would like to conduct renovations to the R. Nathaniel Dett Memorial Chapel, a property designated by City Council in 1986 as a heritage property. The property was designated for its historical and architectural significance. Any proposed alterations to a designated property that may affect the reasons for its designation (in this case, exterior restorations) need Council approval. The extent of the restorations is to remove aluminum siding and repair and/or replace, in exact detail to the original, the exterior clapboard siding, trim, facia, soffit and front door. The Committee also recognizes and commends the upkeep of this historic landmark. The property has an element of heritage tourism due to its rich history involving its relationship with the Underground Railroad and those who escaped from slavery in the United States. For many, this chumh served as their spiritual, social and educational centre. In 1994, 1,000 tourists included the Nathaniel Dett Chapel as a destination of choice. In 1999, it was estimated that some 2,700 tourists, in that year alone, visited the chapel to explore its heritage elements. Wor[dn6 To6et~er to Serve Our Comm~nit2 March 31, 2003 -2 - PD-2003-37 The Municipal Heritage Committee adopted the following motion: "THAT Council be requested to authorize the proposed renovations to the British Methodist Episcopal Church which have received the endorsement of the Municipal Heritage Committee. The Committee also recommends that this project would be eligible for the Designated Property Grant Program." 2. Designated Property Grant Program In May of 2001, Council adopted the recommendation of the Local Architectural Conservation Advisory Committee to institute a grant program for designated heritage properties, realizing the increased costs involved with owning a heritage home. The 2003 budget included $12,000 for the Municipal Designated Property Grant Program. In order to implement the program, the Ontario Heritage Act, Sections 39(1) and 45, authorizes City Council to pass by-laws to make available a grant to the owner of a property designated under Part IV or V of the Act for the purpose of paying the whole, or any part, of the cost of alteration at such terms as may be prescribed. The Committee wishes to initiate the program for the 2003 construction year. A by-law to this effect will appear in a future Council agenda. CONCLUSION: The Municipal Heritage Committee is seeking the concurrence of City Council on these matters. Respectfully Submitted: Local Architectural Conservation Advisory Committee BM:tc S:~PDR~2003~PD2003-37, Matters Arising from LetCAC.wpd The City of Niagara Falls Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-mail: (905) 356-7521 (905) 356-2354 edujlovi@city.niagarafalls.on.ca MW-2003-69 Ed Dujlovic Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario March 31, 2003 Members: MW-2003-69 Municipal Parking & Traffic Committee Recommendations - March 18, 2003 Meeting RECOMMENDATIONS: 1) MW-2003-13 - Garner Road Operations Review It is recommended that: l) the existing speed limit on Garner Road from Lundy's Lane to a point 565 metres north of Lundy's Lane be reduced to 60 km/h from 80 km/h; 2) "pedestrian" signs be installed on Garner Road between McLeod Road and Lundy's Lane; 3) "hidden driveway" signs be installed on Garner Road between Beaverdams Road and Thorold Stone Road; ' 4) the current speed limit signage be updated on Garner Road between McLeod Road and Mountain Road in accordance with provincial guidelines; and, $) by-law "89-2000 Schedule W" be updated to reflect the existing speed limit on Garner Road between Thorold Stone Road and Mountain Road. Working Together to Serve Our CommuniO~ Municipal Works * Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services March 31, 2003 - 2 - MW-2003-69 2) 3) MW-2003-37 - Victoria Avenue at Simcoe Street - Intersection Control Review It is recommended that: 1) the existing traffic signal at the intersection of Victoria Avenue and Simcoe Street be removed; 2) the school crossing guard remains to provide assistance to children crossing Victoria Avenue; and, 3) a stop sign be installed facing eastbound and westbound motorists on Simcoe Street at Victoria Avenue. MW-2003-47 - Review of Extending Paid Parking Hours in the Downtown It is recommended that Report No. MW-2003-47- Review of Extending Paid Parking Hours in the Downtown, be deferred until June 2003, at which time, it will be discussed at the June 17, 2003 Municipal Parking and Traffic Committee meeting. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of March 18, 2003, considered the matters noted and formulated the recommendations above. In addition, the school boards have been contacted regarding the removal of the traffic signal at Victoria Avenue and Simcoe Street and have not expressed concerns regarding it's removal. City Council's concurrence with the recommendations outlined in this report would be appreciated. Respectfully submitted by: /~ Alderman Craltor, Chairperson, Kim Municipal Parking & Traffic Committee K. Dren S:\TRAFFIC~-EPORT S~ 003 ~2003 Council~lW-2003 -69.wpd Community Services Department T ..... ,~a , Parks, Recreation & Culture ne c ry or /'J lt. 4310 Queen Street Niogoro Foils lJ~l~ P.O. Box 1023 Conodo ~~Niagara Falls, ON L2E 6X5 ml~' web site: www.city.niagarafalls.on.ca Tel,: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city,niagarafalls.on,ca R-2003-19 Adele Kon Director March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' R-2003-19 Action Stemming From Trails & Bikeway Committee - Meeting of March 6, 2003 RECOMMENDATION: That City Council endorse the actions of the Trails & Bikeway Committee from their meeting held March 6, 2003. BACKGROUND: The Trails & Bikeway Committee discussed a number of items at their meeting held March 6, 2003, and those items of interest and requiring Council's endorsement are as follows: 1. Development Options for Phase 2 of the Millennium Trail City Council authorized the Trails & Bikeway Committee to host a public meeting last fall of the residents living along Ronnie and Redhaven Crescents that back onto the Niagara Power Canal. The purpose of the meeting was to explore the possibility of placing Phase 2 of the Millennium Trail along the east side of the Power Canal. The Public Meeting was held on November 14, 2002 and a summary of the comments were provided to the residents, together with a notice that they would be advised when this issue would be brought forward to Council. The Trails & Bikeway Committee will be making a presentation to the Community Services Committee of Council (March 31, 2003) requesting endorsement of the following motion: That Phase 2 of the Millennium Trail be developed on th e east side of the Power Canal due to the cost saving of not having to build a pedestrian bridge, increases in overall safety, improved Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services March 31, 2003 -2 - R-2003-19 accessibility to the community and the trail conforming with the Network Map contained in the Trails & Bikeway Master Plan. 2. Proposed Storage Units Adjacent to Phase 1 of the Millennium Trail The Committee has been made aware of a proposal for the development of industrial storage units along the west side of the Millennium Trail north of the current extension of Oakwood Drive. There has been a request for the developer to retain a treed buffer along the property boundary adjacent the Millennium Trail. The Committee recognizes the unique and natural setting of the area along the Millennium Trail and is concerned that all the trees may be removed fi.om the site. Based upon the above, the Committee approved the following motion: That a letter be provided to the City with a copy to the Environmental Planning & Greening Committee and the Regional Tree By-law Committee expressing concerns with the potential loss of trees on the private property adjacent the Millennium Trail. 3.Other Items a) The Committee has become aware that the Regional Police Chief has created a Citizen's Safety Committee as a result of the high number of traffic fatalities in Niagara. The Committee has indicated an interest in having a representative on this Citizen's Safety Committee and will be forwarding a letter of interest to the Chief. b) The Committee received a letter from the Civic Committee requesting any special projects as part of the City's Centennial in 2004. The Committee supports Phase 2 of the Millennium Trail being a Centennial Project. c) The Committee participated in the Kalar Road Class Environmental Assessment Public Information Meeting and provided comments noting that Kalar Road is identified as a bike route in the City's Trails & Bikeway Master Plan. Council's endorsement of the above would be appreciated. Respectfully submitted: BB/das Clyde Carruthers, Chair Trails & Bikeway Committee S:lCour)cil/Counci12003/R-2003 19 Actions of Trails & Bikeway Committee - March 6, 2003 wpd Fire Services The City of ~J~ll/ 5809 Morrison Street Niagara Falls lJ~.~ll webNiagarasite: Falls, ON L2E 2E8 Canad~J~ www.city.niagarafalls.on.ca Tel: (905) 356-1321 ~ I -- Fax: (905)356-6236 E-mail: pburke@city.niagarafalls.on.ca March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Patrick R. Burke Fire Chief FS-2003-05 Re: FS-2003-05 Agreement to provide for a UHF Trunked Radio System RECOMMENDATION: It is recommended that an agreement be entered into between the City and MaxTel Wireless Inc., with a term of 10 years and two 5-year options to provide unlimited access to the MaxTel's UHF Tnmked Radio Network and to provide the equipment and training as outlined in the MaxTel Proposed Radio System Work Plan and as set out in Schedule "A" attached hereto and that the Mayor and Clerk be authorized to execute any documents necessary to complete the agreement. BACKGROUND: In 1998, a Region wide initiative was started to build a single radio communications network and dispatch system. The impetus from this initiative came from an emergency exercise that had been conducted a few years earlier where it became apparent that radio communications from fire service to fire service was inadequate and that radio communications from fire service to other emergency services and agencies was virtually non existent. In addition to these issues, locally, the existing VHF band radio communications system was falling short of the increasing requirements and demands of the fire service operations. Regrettably, the system that was identified as being appropriate for the Region fell far short of meeting the mark for the local fire services. As a result, the Regional voice radio project came to a halt. At the time that the initiative ended, the total costs had escalated from 17 million dollars to well over 30 million dollars. The landline costs alone to Niagara Falls in the Regional proposal would have amounted to over one million dollars. The bulk of the cost was to establish the radio network with towers, microwave dishes, etc. In Niagara Falls, the fire service has been experiencing some difficulty with the existing radio system's reliability and capability. There are areas of the City and buildings in the City where radio communications are extremely unreliable and as a result, there is a negative impact upon the safety of firefighters operating in emergency circumstances in those areas and buildings. As well, poor communications can amount to additional risk to persons who may be involved in an emergency. Smoke Alarms Save Lives - Check Your Smoke Alarm Working Together to Serve Our Community March 31, 2003 -2- FS-2003-05 The existing radio system provides for some redundancy with three transmit and receive sites - each one as a back up to the other. As an additional redundancy, the radios are capable of radio to radio communications where tower transmissions fail. The volunteer Stations 4, 5 and 6 are currently activated through a voice paging system which activates the individual pager for each volunteer firefighter who then listens to the dispatch broadcast. There are mobile radios, base stations and portable radios in the current system. The portable radios, in many instances, will not receive or transmit to dispatch without the assistance of a mobile repeater. In the middle of last year, the fire service began looking at our radio communication needs and reviewing what sort of options might be available. In the midst of this review, the Lincoln Fire Department, our dispatch customer, approached us about a change that they were making in their radio system and paging notification system that would require some hardware and procedural changes in the Alarm Room at Station 1. Lincoln was changing from its limited VHF radio system to a UHF trunked radio network. They were doing so by utilizing an existing system and infrastructure within the Region. At a meeting with the Lincoln Fire Chief and MaxTel Wireless Inc., discussions were held to identify exactly what hardware and procedural changes had to take place in the Alarm Room to accommodate Lincoln. During those discussions, an overview was given of the MaxTel radio network capabilities and how it might solve the radio communications problems without having to build a new infrastructure specifically for the Niagara Falls Fire Service. Coincidentally, MaxTel Wireless Inc. was one of the Regional voice radio proponents that the technical sub-committee had identified as being worthy of additional consideration. At the time, however, the MaxTel system was not up and ming. Following the initial meeting with MaxTel, a subsequent meeting was held to explore whether or not the MaxTel system could be a suitable Niagara Falls solution. MaxTel provided the department with a number of portable radios and some dedicated talk groups for testing purposes. During the Regional voice radio project, a list of problem buildings and areas had been compiled for testing purposes. Crews from the Niagara Falls Fire Service took the MaxTel radios and tested them against the existing radios in these problem areas and buildings. In addition, the radios were distributed for testing in the volunteer areas of the City. Without considering the many superior features and capabilities offered by MaxTel, in all of the testing the MaxTel system proved to be at least equal to and in most cases superior to the existing system. The next step taken was to get an independent validation of the capability of the MaxTel system. To that end, Mr. V.S. Kaunisma, a telecom engineer, was engaged as a consultant to review the MaxTel radio communications network and its suitability for the Niagara Falls Fire Service. Mr. Kaunisma found that "the conversion from the conventional single frequency non-repeater operations to the March 31, 2003 -3- FS-2003-05 MAXtalk Trunked Radio repeater operation is a significant improvement for the Niagara Falls Fire Department." He further indicates "the MAXtalk system is feature-rich, providing emergency, priority access, caller ID and a number of other features." Fire Service operations in this day and age are more and more dependent upon reliable radio communications. Emergency scene incident commanders rely upon crucial information from sector officers in order to develop an appropriate plan of action and to alter that plan of action as circun~stances of the event may dictate. There is a requirement now to have a "Rapid Intervention Team" (RIT) equipped and standing ready to deploy and rescue any firefighter or firefighters who may become lost or trapped during operations. In larger and more complex incidents, this RIT should be operating on a dedicated channel with no other radio traffic interference. Also, in these larger and mom complex incidents, it is important to separate a "command channel" from an "operational channel." Where there may be multiple incidents taking place, it is important to have a dedicated channel for each incident. This will preclude any "talk over" of radio communications from incident over the other and will maximize the efficiency and organization of each incident. This is next to impossible with our current system. A tmnked radio system will allow for separate talk groups or "channels" to be assigned. With the proposed system, it will be possible to establish 10 or more of these "channels" to be used for both emergency and non-emergency communications. Some of the VHF frequencies being used in the Region are encountering interference from other agencies outside the Region who operate on the same frequency. The MAXtalk system will offer solutions to some of these other fire departments within the Region. There are two fire dispatch agencies in Niagara Region - Niagara Falls and St. Catharines. The Niagara Falls Fire Service will become a more competitive alternative for departments to consider. Them is sufficient room on the MaxTel system to convert other Municipal radio users to the system in the future. According to our research, the MaxTel system is the only existing system that meets the needs of the fire service from every aspect including history of use and reliability in the Region. Industry Canada requirements are going to push the fire service to spending on changes to the existing system in order to achieve compliance with the new band width standards and restrictions from accessing additional frequencies as the City grows. Included in the MaxTel system hardware proposal is an Interoperability Switch. This component provides a solution to the inter agency, cross frequency communication problem and will allow for the interconnection of radios among different agencies at an emergency scene. This is a major benefit for planning and operations at large scale emergencies or disasters. The MaxTel proposal includes the required hardware - radios, consoles, pagers, batteries, switches, etc. - the required programming, installation of hardware and software, training, system commissioning, licensing and network access fees for the first two years at a total cost of $448,154.00. There xvill be an ongoing annual license and access fee of $48,000.00 per year beginning in the third year. The proposal is for a 1 O-year agreement with two five-year options along with provisions to ensure continuity. March 31, 2003 -4- FS-2003-05 An amount of $450,000.00 was approved in the Capital Budget for the radio system. Because the equipment will be new, some of the annual license and access fee can be supported by the Current Budget amount for radio equipment. The balance, beginning in year 3 will have to be included in the Current Budget for the remainder of the agreement period. The City Treasurer has examined the 'Agreement to Provide for a UHF Tmnked Radio System.' The examination has determined that the agreement is not a lease agreement and is not subject to the City's policy for a Financing Lease. The agreement provides for the purchase of equipment without financing the cost; the City will pay the full cost in one payment transaction. The agreement also provides for the annual licence/airtime fee to access the UHF network. The annual fee is not a lease payment for the use of the equipment. The agreement will bind the City for the one time purchase cost which is included in the City's 2003 Capital Budget and annual licence fees which will be included in future operating budgets. Prepared and Recommended by: Patrick R. Burke Fire Chief Respectfully submitted: John MacDonald "/ Chief Administrative Officer Edward P. Lustig Director of Fire Services PRB :rs Att.: Schedu]e Radio and Paging Equipment Mobiles Base Stations Potables VV*~h Pad =ortables without Pad :_xtra Batteries Portable Mics Six Slot Bank Chargers Single Slot Chargers Headsets Pa~ers Network and Soft Costs Console Install Console Programming Intemperability Switch For Dispatch Mobile Installs $375 Base Installs $675 Programming Commissioning Training Accessory Allowance 5% Annual Ucen,ce/Airtime Fee Year One (Radios @ $30/mth; Pagers @ $101mth) Year Two (Future years will be $49,000 annually) Total Radio Equipment, Network. Soft Costs & License/Alrtime I Quantity Cost 27 $ 19,879 5 $ 5,348 15 $ 14,907 61 $ 54,605 78 $ 9,358 76 $ 11,945 14 $ 10,828 11 $ 1,173 10 $ 10,850 119 $ 29,512 I $ 83,220 $ 8,995 $ 4,995 $ 68,054 $ 10,125 $ 3,375 $ 14,995 $ 5,995 $ 11,995 $ 20,000 I $ 48,000 Donation The City of Niagara Fails I - Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca F-2003-13 Kenneth E. Burden Director March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2003-13 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $24,685,031.43 for the period ending March 31, 2003. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: K.E. Burden Director of Finance Respectfully submitted: Approved by: Executive Director of Corporate Services KEB:sdbg Working Together to Serve Our Community Clerk's Finance · Human Resources Infon*nation Systems Legal Planning & Development The Cily of Niagara Falls' Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (905)356-7521 (905)371-2892 rkallio@city, niagarafalls.on.ca L-2003-29 R. O. Kallio City Solicitor March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-29 Thorold Stone Mall Expansion Proposed Land Exchange Offer to Purchase and Offer to Sell 6161 Thorold Stone Road Our File No. 2001-201 RECOMMENDATION: That Offers be accepted for a land exchange as follows: That an Offer to Purchase in the mount of$110,000.00 fi:om 820872 Ontario Limited for Parts 5 on Reference Plan 59R-6007 be accepted. Further that the purchaser pay for all costs associated with the purchase. That an Offer to Sell in the amount of $28,000.00 from 820872 Ontario Limited for Parts 1 and 2 on Reference Plan 59R- be accepted. Further that the vendor pay for all costs associated with the sale, including the cost of a reference plan and the Purchaser credit the Vendor the cost of constructing the proposed mm-around in the approximate amount of $17,000.00. BACKGROUND: Attached as Appendix "1" is Council Report L-2003-21, wherein at its meeting of March 17, 2003, Council declared Part 5 on Reference Plan 59R-6007 surplus and offered for sale for fair market value, being $110,000.00, to 820872 Ontario Limited. It was further agreed that 820872 Ontario Working Together to Serve Our Community Clerks Finance Human Resoumes Information Systems · Legal Planning & Development March 31, 2003 - 2 - L-2003-29 Limited would pay for all costs associated with the purchase. Council further resolved that Part 1 on Reference Plan 59R- be acquired for the sum of $28,000.00, from 820872 Ontario Limited and that it be credited the cost of constructing the proposed turn-around, in the approximate amount of$17,000.00. It was further agreed that 820872 Ontario Limited would pay for all costs associated with the sale, including the cost of a reference plan. Attached as Appendix "2" is a copy of the Offer to Purchase and attached as Appendix "3" is a copy of the Offer to Sell fi.om 820872 Ontario Limited. The Offers set out that the transactions will close within ninety days or sooner, after acceptance of the Offers. Preparex)l by: Law Clerk Respectfully submitted: cDonal Chief Administrative Officer R~by: Ray Kallio City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services /mln Corporate Services Department T ..... ~& . Legal Services 13e ~-I/y O; /J'~l~ 4310 Quean Street NiclgQro Fclllslll~l~ P.O, Box 1023 ~'~I~QdCl ~ll~ Niagara Falls, ON L2E 6X5 ~u ~~l~ web site: www.city.nlagarafalls.on.ca ~11~/~ I-- Tel.: (905) 386-7521 Fax: (905) 371-2892 E-mail: rkallio@city,niagarafalls,on.ca March 17, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' [-2003-21 Thorold Stone Mall Land Exchange 6161 Tllorold Stone Road Our File No. 2001-201 L-2003-21 R. O. Kalllo City Solicitor Z LLI RECOMMENDATION: That Part 5 on Reference Plan 59R-6007, formerly part of Township Lot 73, now City of Niagara Falls, be declared surplus. That this will constitute notice to tho public with respect to the proposed sale of Part 5 on 59R-6007 to 820872 Ontario Limited and same will be considered by Council at its meeting of March 31", 2003, in the Council Chambers at 6:00 p.m. 3. That a land exchange be authorized as follows: That Part 5 on Refercnce Plan 59R-6007, attached as Appendix "1" formerly part of Township Lot 73, now City of Niagara Falls bo transferred to 820872 Ontario Limited, for $110,000.00 and further that 820872 Ontario Limited pay for all costs associated with the transfer. That Part 1 on sketch attached as Appendix "2" be acquired by The Corporation of thc City of Niagara Falls from 820872 Ontario Limited, for the sum of $28,000.00 and further that 820872 Ontario Limited pay for all costs associated with the transfer. (c) That 820872 Ontario Limited be credited the cost of constructing the proposed turn- around, on Part 1 on sketch attached as Appendix "2, in the approximate amount of Working Together to Serve Our Community Clerks Finance Human Resources . Information Systems Legal · Planning & Development March 17, 2003 $17,000.00, -2- L-2003-21 BACKGROUND: Part 5 on Reference Plan 59R-6007 is a parcel of land, formerly Township Lot 73, now in the City of Niagara Falls, which is shown shaded on Appendix "1" attached ("Part 5',). The lands are located north of Thorold Stone Road, west of Sinnicks Avenue and south of Marland Avenue. On December 24, 1964, the City acquired the southerly 141.52 feet of Part 5, from Imperial Oil Limited. Further, on December 24, 1964, the City acquired the northerly 273.52 feet of Part 5, from Crossroads Hotel Limited. Part I on the sketch attached as Appendix "2, is a proposed turn-around. The lands are located noRh of Thorold Stone Road, west of Sinnicks Avenue and abuts the west end of St. Mary's Sheet. 820272 Ontario Limited is the owner of the Thorold Stone Mall and owns the lands both to the west and east sides of Part 5, being parts 1, 2 and 4, on Reference Plan 59R-6007, shown hatched on Appendix "1", wherein the Thomld Stone Mall is located on paxt of these lands. On September 23, 1996, the City entered into an Agreement to lease Part 5 to 820872 Ontario Limited, for the sum of $375.00 plus G.S.T., per month. Then in May, 1998, 820272 Ontario Limited expressed its interest in pumhasing Part 5, so as to construct an expansion to the Thomld Stone Mall and incorporate Part 5 into its plans. St. Mary's Street ends just short of the frontage of 6025 St. Mary's Street. The owners of 6025 St. Mary's Street, Mr. and Mm. Kostiuk, as shown on Appendix "I" attached, are presently landlocked. Therefore, it is necessary for the City to acquire Part I on the sketch attached as Appendix "2" to provide frontage to Mr. and Mrs. Kostiuk, to construct a proper turn-around for emergency and other vehicles and to establish and dedicate the parcel as part of St. Mary's Street. When the land exchange takes place, the Lease Agreement with 820872 Ontario Limited would be terminated. Therefore, the City needs to transfer Part 5, on Reference Plan 59R-6007 to 820872 Ontario Limited, for fair market value. In exchange, 820872 Ontario Limited is to consffact the proposed turn-around and transfer Part 1 on the sketch attached as Appendix '"2", to the City, for fair market value. The City is to pay to 820872 Ontario Limited the cost of constructing the proposed turn-around. An estimate provided by Done-Rite Paving Co., dated February 20, 2003, attached as Appendix "3", sets out that the total cost to construct the proposed mm-around is approximately $17,000.00. An appraisal prepared by Ronald Ellens dated December 31, 2002, extracts attached as Appendix "4"sets out that Part 5 is approximately 20,908 square feet and is valued at $105,000.00 to $115,000.00. The proposed turn-around, being Part 1 on the sketch attached as Appendix "2" is approximately 5,250 square feet and is valued at $26,000.00 to $30,000.00. Therefore, the calculation for the land exchange is as follows: March 17, 2003 - 3 - L-2003-21 Value of lands owned by The Corporation of the City of Niagara Falls being Part 5 on Reference Plan 59R-6007 $110,000.00 Value of lands owned by 820872 Ontario Limited being Part I on sketch attached as Appendix "2" $ 28,000.00 820872 Ontario Limited to be credited cost for cons~ucting proposed turn-around approx. 17,000.00 BALANCE OWING TO THE CORPORATION OF THE CITY OF NIAGARA FALLS 65.OO0.O0 ~110.000.00 $110.00.00 This matter, which commenced in 1989, is finally concluding. Mr. Gus Mandarino, the agent for 820872 Ontario Limited, contributed greatly to success of the land exehunge by being both rea~nable and co-operative throughout. Law Clerk by: Ray Kaltio City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services Respect fully su. Ttted/:/ Chief Administrative Officer /mm · 4r4 ?0 7O AN 59R- THOROLD STONE ROAD {I~IllaERLy 711~ ICtfO~ Hloh',n~Y NO. D) ............................................. : ............ XPPENDIX "£'" .... FOR Feb 03 03:56p PaPmax Realt~ Inoo 905-264-]173 p.2 DONE-RITE PAVIN CO, 3464 W"dtshlm Blvd, NInSnra Falb, Oniarlo t.2J 3E6 Plmno # 357.~.;31 CeU~,~ # 708-?032 Fax # 357-37~3 o.-q.T. # 88956 7050 Weston Rd, Suite 106 W0odbrtdg~, On Attention:Girts Mnndnrir~ Feb,20o200~ .... _~?..--~..~l o"~ Mall: S~ .Ma _~,$t.(~,m ~.~ ), We nre pleased ~1 subm[ttln~ thl3 quota~on, z~d Ioo1~ forwnrd to serve you again, in the nmt future. L Rxcnvate 22" below Fhilshed Asplmlt grade~ and Itemove Materl~h 2. Supply and Apply 12-of 2.Pc~ushq~ ~ltOne .& 6'"of ?/~ 'J'l~e ]Bond 3. l?lne grnde and eompnct stone with 10 ton vibr~tory milo 4. Supply ai~d Apply 2~H7.8 H.S. Asphalt $. Sitpply and Apply 2" HL3A H.8. Asphalt 6, Based Upon 5250 Kilt Approx. GUARANTEED WORKMAN$I-IIP AC~I~ I~' '-- Done-Rite I 7050 wL~STON ROAD, SUITE 106 ~ WOODBRIDGE, ONTAKIO IAL 8G7 I I I I I ATI*ENTION: Mr.. Agostino M_~nchrino Cily of Niagara Falls Filo No; 2001-201 SHORT NARRATIVE APPRAISAL REPORT OF PROPOSED LAND ~'XCHANGE 6161 THOROLD STONE ROAD NIAGARA F_AT.TS;, ONTARIO I I I THE PROPERTY VACANT LAND I I I PREPA.R F.r~ BY RONAt.~ C. ~J.t.r. NS APPRAISALS ~C. 195 ~NG ~R~, S~ 1~ ST. ~~, ONT~O I.~ EFFECTIVE DATE DECEMBER 31, 2002 1~ C. Ell~ns Appraisals RONALD C. J. ,,NS APPRAISALS INC. Acettdited Real E#at~ ~4t~mirer$ e~ Co#mltants Par Max Realty Services Ltd. 7050 Weston Road, Suite 106 Woudbridg~ Ontario L4L 807 January 22, 2003 LeUerof~ Short Namtfive Appraisal Report 6161 Thorold Stone Road (City of Niagara Falls File No: 2001-201) Pursuant to your r~cent request to proceed with an appraisal we are pleased to provide you with a Shmi Nartafivo AppraL~tl Report for the land~ described farther in this report. This report contains 26 pages and 1 Exhibit wi~n the Addenda. TI~ intended use of this r~nt is to provide a value ~-~te guide in order to assist in a potential land exclmnge. The land parcels under comideration ar~ owned by the Corpornfion of the City of Niagara Falls and 820872 Ontario LinC. ed. The intended user of the report is directed to Par Max Realty Services Ltd., for the intended use describe het~ Liability to all unauthorized third parties is denied. As a result of our inve~igntioas and analysis it is our eousidered opinion that the e~timated market value and value in contribution of subject parceI.~ as d~cn'bed herein, is: 1. City Pared: The most prol~ble economic value range, for this site, which is indicated to consist of 3-20,908 sq.fl, is rounded to; ONE HUNDRED ~ THOUSAND ($10~,000,00) DOLLARS to ONK tlUNI)RED FIICfF.~N THOUSAND ($115,00~.~0) DOLLARS ...cont'd 195 K~IG STREET, SUITE 102, ST. CATI-IARIlqES, ONTARIO, L2R 316 2 PHONI~ {905) 704-0909, FAX (905) 704-1919 R. C. Ellens Appraisals 2. 820872 Ontario Parcel: The most probable economic value range, for the portion required for a vehicular "turn-around", which is indicated to consist of -+-5,250 sq.fl, is rounded to; ! I I Rcspec. tfi~r submi~cd, Per: Ron Elle~s, CI, P.App., DipLB. R. C. Ellens .~ppratsals IDENTIFICATION OF REAL ESTATE BEING APPRAISED For descriptive purposes we will refer to the subject site as Proposed Land Exchange- 6161 Thorold Stone Road. 1) City Parcel: Th~ sito is located on the North side of Thomld Stc~ Road ~zl extmd~ to ~ Avenue. TI~ s~ is situated edst of Pottage Road, west of $innioks Avenue. 2) $20872 Ontario Limited Parcel: This sito is located north of Thotokl Stone Rond, east of Portage Road, west of $innicks Avenuo mi is more particularly situated at the westerly end of St. Ma~y's Street Le~el Description: I) City Parcel: Part Lot 7, Plan 88 Stamford desi?~ted as Part 5 on Refermce Plan 59R-6007, City of Niagara Falls, Regiol~ Municipaliiy of Niagara. Prop~y ld~tifi~tic~ Number (PIN) 64278-0012. 2) 820872 Ontario L'un{~d Parcel: Part Township Lot 73 Stamford, forming par~ of Parts 2 and Part 4 on Reference Plan 59R-6007, more particularly descn'l~ed on ~awing ~l~pe~lix "4", in tho Ci~ of Niagnm Falls, Regional Municipality of Niagara. This parcel forms part of Property Identification Number ('PI~ 64278-0013. Type of Properly: Vacant Commercial Land 1) City Pareek :~.0,905 sq.R. 2) 820872 Ontario Limited Parcel: -+3,250 sq.fl. Official Plan: Majo~ Comm~cial General Commercial Part of the 820872 On.rio Limited Parcel / (turnaround) may encompass an Exception and Special Provision Numbered 209 on Sh~t 3 of Schedule A. 4 R.C. Ellens Appraisals VALUE CONCLUSION Having considered the approach to valu0 deemed most relevant to the appraisal problem, it is our consid~d opinion that the amount which best so'yes the estimated marke~ value as value in contribution, of the subject properties, as of the effective date of, December 31, 2002, was ss follows: 1. City Parcel: The most probable economb value range, for this site, which is indicated consist of~20,908 sq. fl. is rounded to; ONE HUNDRED FIVE THOUSAND ($10~,000.00) DOLLAIt9 to ONE HUNDI~gn ~IFi'EEN THOUSAND ($115,0G0.00) DOLLARS 2. 820872 Ontario Parcel: The meat probable economic value range, for the portion required fo~ a vehicular "turn-around", which is indicated to consist of~-5,250 sq. fc is rounded to; TW~4TY S{X THOUSAND (S~6,000.00) DOLLARS '{'--,KTY THOUSAND ($~0,000.00) DOI.L~RS USE REb-i'RIL-IION The intended use of this report is to provide a value estimate 8ukle in order to assist in the potential sale of the subject propeu'y. The intended us~ of the report is directed to Pst Mnx Realty ~ Ltd. liability to all ununthorized third pnrtie~ is denie~ 24 R.C. EllensJppralsals OFFER TO PURCHASE 820872 ONTARIO LIMITED, hereinafter called the Purchaser, offers to purchase from THE CORPORATION OF THE CITY OF NIAGARA FALLS, hereinafter called the Vendor, that ~ property in the City of Niagara Falls, in the Regional Municipality of Niagara and more particularly Z described as Part 5 on Reference Plan 59R-6007 being part of Township Lot 73, in the City of Ill Niagara Falls, in the Regional Municipality of Niagara and shown hatched on the plan attached ~ hereto as Schedule "A" and forming part of this offer for the PURCHASE PRICE OF ONE f~ HUNDRED TEN THOUSAND DOLLARS ($110,000.00) of lawful money of Canada, payable on ~ the following terms: X Purchaser submits with this offer Two Dollars ($2.00) cash, certified cheque or money order payable to the Vendor as a deposit to be held by the Vendor pending completion or termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the Vendor the balance of the Purchase Price, subject to the usual adjustments by certified cheque on the closing of this transaction due and payable and shall be collected by the Vendor from the Purchaser at the time of closing. The Vendor and Purchaser acknowledge that if this transaction is subject to any Goods and Services Tax (G.S.T.) pursuant to Excise Tax Act (Canada), then such GST shall be in addition to and included in the Purchase Price, and the GST shall be collected and remitted in accordance with the applicable legislation. This Offer to Purchase shall be irrevocable by the Purchaser and may be accepted by the Vendor up to but not after midnight April 1,2003, after which time, if not accepted this offer shall be null and void. This offer is subject to and conditional upon the Council of The Corporation of the City of Niagara Falls passing a by-law prior to April 1,2003, authorizing its acceptance of this offer °2- be null and void and the deposit money shall be returned to the Purchaser without interest or deduction. In the event that this Offer is not accepted or consented to, this Offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. The Parties acknowledge that upon the Vendor accepting the Offer there shall be a binding Agreement of Purchase and Sale between the Vendor and the Purchaser. The title is good and fi:ce from all encumbrances except for any restrictions or covenants that run with the land and except for any easements to public utilities. The Purchaser shall not call for the production of any title deeds, abstract, survey or evidence of title except such as are in the possession of the Vendor. The Vendor agrees that it will deliver any existing survey, in its possession, to the Purchaser as soon as possible and prior to the last day allowed for examining title. 10. The deed or transfer shall, save and except for the Land Transfer Tax Affidavit which shall be prepared and completed by the Purchaser, shall be prepared in registerable form at the expense of the Vendor. 11. After acceptance of this Offer, the Purchaser shall be allowed up to 30 days prior to the date of closing, to examine title at its own expense and to satisfy itself that there are no outstanding work orders affecting the property. If within that time any valid obi ection to title is made in writing to the Vendor, or its Solicitor, which the Vendor shall be unable or unwilling to remove and which the Purchaser will not waive, the contract arising out of the acceptance of this Offer shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and all monies shall be returned by the Vendor -3- without interest and it shall not be liable for any damages or costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. 12. This agreement shall be completed 90 days after acceptance of this Offer or sooner if mutually agreed upon. 13. On the closing of this transaction, the Vendor shall convey the said lands to the Purchaser by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances, except as to any restrictions or covenants and except for any easements or unless otherwise provided herein and shall deliver vacant possession of the said lands to the Purchaser flee of all tenancies. 14. Taxes, local improvements, water and assessment rates shall be apportioned and allowed to the date of completion (the day itself to be apportioned to the Purchaser). 15. This agreement and its acceptance is to be read with all changes of gender or number required by the context. 16. In the event of failure of the Purchaser to complete this transaction by the date set out in paragraph 12 hereof, the deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 17. The Vendor makes no representation, warranty, condition either expressed or implied as to soil condition, services, utilities, fitness for the purpose of zoning and building by-laws, park, road widening or other possible dedications, or as to charges, levies and regulations of The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, utilities or other regulatory authorities. The Purchaser shall satisfy itself in respect of such matter prior to submitting this Offer. 18. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or their respective solicitors acting for either party from whom tender is desired on the day set for completion of the Agreement. Money may be tendered by bank draft or cheque -4- certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 19. The Vendor hereby appoints the City Solicitor of The Corporation of the City of Niagara Falls for the purpose of giving and receiving notices pursuant to this agreement. 20. Time shall be of the essence of this Agreement, which shall enure to the benefit of and be binding upon the Purchaser, his heirs, executors, administrators, successors and assigns and the Vendor, its successors and assigns. The undersigned accepts the Offer and 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 the authority to bind the corporation. Dated at the City of Vanghan, this day of March, 2003. 820872 ONTARIO LIMITED Name: Gus Mandarino Title: President I have the authority to bind the corporation The undersigned consents to the above Offer: Dated at the City of Niagara Falls, in the Regional Municipality of Niagara, this March, 2003. THE CORPORATION OF THE CITY OF NIAGARA FALLS day of Wayne Thomson, Mayor Dean Iorfida, City Clerk ?~ 7O LOT PART I .PL~;[' ~ PART 2 ' INS T, ' ', PART.' PLAN 59R- ST, MARY'S STREET / SCHEDULE "A." OFFER TO SELL 820872 ONTARIO LIMITED, hereinafter called the Vendor, offers to sell to THE CORPORATION OF THE CITY OF NIAGARA FALLS, hereinafter called the Purchaser, that property in the City of Niagara Falls, in the Regional Municipality of Niagara more particularly described as follows: Parts 1 and 2 on 59R- beingpart of Stamford Township Lot 73, in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched on the plan attached hereto as Schedule "A" and forming part of this offer for the SELLING PRICE OF TWENTY- EIGHT THOUSAND DOLLARS ($28,000.00) of lawful moneyofCanada, payable on the following terms: X The Purchaser shall submit, upon acceptance of this Offer, a deposit in the sum of Two Dollars ($2.00) cash, certified cheque or money order, payable to the Vendor, to be held in trust pending completion or termination of this Agreement and to be credited toward the Purchase Price on completion. The Purchaser agrees to pay the Vendor the balance of the Purchase Price, by certified cheque, subject to the usual adjustments, on the closing of this transaction. The Purchaser agrees to credit the Vendor, on the Statement of Adjustments, the sum of Sixteen Thousand Eight Hundred Fifty-Two Dollars and Fifty Cents ($16,852.50), for the cost of constructing the proposed turnaround on the subject lands. The Vendor agrees to obtain and register a reference plan, at the Vendor's expense, for the lands being transferred, prior to closing showing the subject property as a part thereon. The Vendor and the Purchaser acknowledge that if this transaction is subject to Goods and Services Tax (GST) pursuant to Excise TaxAct (Canada), then such GST shall be in addition to and not included in the Purchase Price, and the GST shall be collected and remitted in accordance with applicable legislation. -2- The Vendor agrees to obtain and register, on or before closing, valid discharge(s) of any existing mortgages, liens or encumbrances on the real property, at its own expense. This Offer to Sell shall be irrevocable by the Vendor and may be accepted by the Purchaser up to but not after midnight, the 1 st day of April, 2003, after which time, if not accepted, this offer shall be null and void. This offer is subject to and conditional upon the Council of The Corporation of the City of Niagara Falls passing a by-law prior to April 1,2003, authorizing its acceptance of this Offer to Sell the said lands and if such by-law is not passed by such time this agreement shall be null and void and the deposit money shall be returned to the Purchaser without interest or deduction. In the event that this Offer is not accepted or consented to, this Offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 10. The Parties acknowledge that upon the Purchaser accepting this Offer there shall be a binding Agreement of Purchase and Sale between the Vendor and the Purchaser. 11. The title is good and free fi.om all encumbrances except for any restrictions or covenants that nm with the land and except for any easements to public utilities. 12. The Purchaser shall not call for the production of any title deeds, abstract, survey or evidence of title except such as are in the possession or control of the Vendor. The Vendor agrees that, if requested by the Purchaser, he will deliver any existing survey, in its possession or within its control, to the Purchaser as soon as possible and prior to the last day allowed for examining title. In the event that a discharge of any mortgage or charge held by a Chartered Bank, Trust Company, Credit Union or Insurance Company and which is not to be assumed -3- by the Purchaser on completion, is not available in registerable form on completion, the Purchaser agrees to accept the Vendor's solicitor's personal undertaking to obtain, out of the closing funds, a discharge or cessation of charge in registerable form and to register the same on title within a reasonable time after completion provided that on or before completion the Vendor shall provide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by the Vendor directing payment to the mortgagee, of the amount required to obtain the discharge out of the balance due on closing. 13. The deed or transfer shall, save and except for the Land Transfer Tax Affidavit, which shall be prepared and completed by the Purchaser, be prepared in a registerable form by the Vendor. 14. After acceptance of this Offer, the Purchaser shall be allowed up to 30 days prior to the date of closing, to examine title to the property, at its own expense, and to satisfy itself that there are no outstanding work orders affecting the property. If within that time any valid objection to title is made in writing to the Vendor, or its Solicitor, which the Vendor shall be unable or unwilling to remove and which the Purchaser will not waive, the contract arising out of the acceptance of this Offer shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and all monies shall be returned by the Vendor without interest and it shall not be liable for any damages or costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. 15. This agreement shall be completed 90 days after acceptance of this Offer or sooner if mutually agreed upon. 16. Provided that the title to the property is good and free from all encumbrances except as aforesaid and except for any registered restrictions or covenants that run with the land providing that such are complied with and except for any minor easements to public utilities -4- required for the supply of domestic utility services to the property. If within the time allowed for examining the title any valid objection to title, or to any outstanding work order, or to the fact the said present use may not lawfully be continued, is made in writing to the Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement, notwithstanding any immediate acts or negotiations in respect of such objections, shall be at an end and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the mot of title, the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the property. 17. On the closing of this transaction, the Vendor shall convey the said lands to the Purchaser by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances, except as to any restrictions or covenants and except for any easements or unless otherwise provided herein and shall deliver vacant possession of the said lands to the Purchaser flee of all tenancies. 18. Taxes, local improvements, water and assessment rates shall be apportioned and allowed to the date of completion (the day itself to be apportioned to the Purchaser). 19. This agreement and its acceptance is to be read with all changes of gender or number required by the context. 20. In the event of failure of the Purchaser to complete this transaction by the date set out in paragraph 15 hereof, the deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 21. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or their respective solicitors acting for either party from whom tender is desired on the day set for completion of the Agreement. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit 22. 23. -5- Union or Caisse Populaire. The Purchaser hereby appoints the City Solicitor of The Corporation of the City of Niagara Falls for the purpose of giving and receiving notices pursuant to this agreement. Time shall in all respects be of the essence of this Agreement, which shall enure to the benefit of and be binding upon the Purchaser,'his heirs, executors, administrators, successors and assigns and the Vendor, its successors and assigns. The undersigned accepts the Offer and 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 the authority to bind the corporation. Dated at the City of Niagara Falls, in the Regional Municipality of Niagara, this March, 2003. Dated at the City of Vaughan, this dayof TIlE CORPORATION OF THE CITY OF NIAGARA FALLS Wayne Thomson, Mayor Dean Iorfida, City Clerk We have the authority to bind the corporation. day of March, 2003. 820872 ONTARIO LIMITED Name: Gus Mandarino Title: President b"~OO-,g£~,g NId s/Jo~ '~S Hid ,O0'gg 3,0g,ggN · (.L'I~J,~O0 -g l~tg 0609--~6~ NV~d 9 ~ lklYd NYqd *§CHEDULE Community Services Department T ..... ~,~ Building & By-Law Services ne L, ITy 01' ~'~'j 4310 Queen Street Niagara Foils lJ~l~ P.O..ox 1023 CQr~cldQ ~~Niagara Fails, ON L2E 6X5 T~ web site: www,city.niagarafalls.on,ca Tel.: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city.niagarafalls.on.ca BBS-2003-05 Mel Brown Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario March 31, 2003 Members: Re: BBS-2003-05 - Appointment of Interim Chief Building Official RECOMMENDATION: That Mr. Robert Romanuk be appointed as Acting Chief Building Official, effective April 1, 2003. BACKGROUND: As a result of the retirement of the Director of Building and By-law Services on March 31, 2003, prior to his permanent replacement, it will be necessary to appoint a Chief Building Official, on an interim basis, effective April 1, 2003, to comply with the requirements of the Building Code Act, 1992, so that the requirements of the Act and the Ontario Building Code can continue to be administered and enforced. Mr. Romanuk has fulfilled this function, for the past several years in the absence of the Director. Prepared by: Mel Brown Director of Building & By-Law Services Respectfully submitted: Chief Administrative Officer Attach. V ~2003COUNCFL\030331~BBS-2003-05 Appointment of lnterira Chief Buildlng Official wpd Working Together to Serve Our CommuniO~ Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department T ..... ~a Municipal Works ne L;.y O¥ ~'J'~l~. 431o Queen Street Niagara I-ails jj~. p O. Box 1023 Canada ~~ Niagara Falls, ON L2E 6X5 ~T~ web site: www.city, niagarafalls,on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: ed ujlovi@city.niagarafalls,on,ca MW-2003-60 Ed Dujlovic Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario March 31, 2003 Members: RE: MW-2003-60 Contract #2003-06 Tender for the Supply of Materials and Services for Pavement Markings (On-Street Application Only) RECOMMENDATION: It is recommended that the low bid, Provincial Maintenance, be approved to carry out the services for Tender #2003-06. BACKGROUND: In the presence of the Tender Opening Committee, the Tender for the Supply of Materials and Services for Pavement Marking (On-Street Application Only) was opened on Thursday, March 13, 2003. A total of three (3) bids were received and the summary of bids is shown below: Contractor Total Cost Provincial Maintenance K.D.N. Terrio Road Markings $118,395.50 $124,697.80 $143,979.20 Located in Niagara Falls, Provincial Maintenance was the low bid with a total cost of $118,395.50. Provincial Maintenance had previously carried out pavement marking applications in Niagara Falls, with the most recent program completed in 2002. Therefore, it is recommended that Provincial Maintenance be awarded the tender for 2003. Working Together to Serve Our Community Municipal Wod~s · Fire Services · Pad<s, Recreation & Culture · Business Development · Building & By-Law Services March 31, 2003 - 2 - MW-2003-60 Additional paint quantities were included in this year's contract to ensure sufficient paint availability to complete the regular retrace program, in addition to the following: the edgeline/bike lane program which commenced in 2002 · apply two applications on resurfaced/reconstructed roads in 2003 · application of markings on roads following crack sealing operation The tender for 2003 reflects a price increase of approximately 20% over 2002 prices. Due to the 20% increase in costs, the estimated cost for the contract was $20,000 below the actual tendered amount. Financing: The estimated cost for the contract was $100,000.00. Project Cost: $118,395.50. Funding: Account # G008-5306~2007 - $118,3395.50. Council's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully Submitted by: Karl Dren John M Manager of Traffic & Parking Services inistrative Officer //Ed Dui ~ng. Director of Municipal Works J. Gmbich S:\TRAFFICkREPORTSk2003~2003 Council~VlW-2003-60.wpd File: G-180-01 Community Services Department Municipal Works Niagara ~-alls]]~,~' p 0 Box 1023 Canada ~~ Niagara Fails, ON L2E 6X5 ~Z'~ web site: www.cJty, nJagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: ed ujlovi@city.niagarafalls.on.ca MW-2003-61 Ed Dujlovic Director March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-61 Contract #2003-07 Tender for the Supply of Materials And Services for Pavement Markings (Parking Lots & City Owned Lands) RECOMMENDATION: It is recommended that the low bid, Provincial Maintenance, be approved to carry out the services for Tender 2003-07. BACKGROUND: In the presence of the Tender Opening Committee, the Tender for the Supply of Materials and Services for Pavement Marking (Parking Lots & City Owned Lands) was opened on Thursday, March 13, 2003. A total of two (2) bids were received and the summary of bids is shown below: Contractor Total Cost Provincial Maintenance A-1 Asphalt & Maintenance Ltd. $ 25,546.25 $ 31,030.00 This contract provides for the supply and application of pavement markings in parking lots and on other lands owned by the City. One of the two contractors, Provincial Maintenance, has previously completed the pavement marking program for the City of Niagara Falls. Therefore, it is recommended that the low bid, Provincial Maintenance, be awarded the pavement marking · contract for parking lots and other City owned land for the year 2003. Financing: Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services March 31, 2003 - 2 - MW-2003-61 The estimated cost for the contract was $25,000.00 Project Cost: $ 25,546.25 Funding: Account # P001-4800-1530 Various - other department's $ 20,000.00 $ 5,546.00 The Council's concurrence with the recommendation outlined in this report would be appreciated. Respectfully Submitted by: c-~~John Mac~Do~ald~ Manager of Traffic & Parking Services ~' Chief Administrative Officer Prepared by: Karl Dmn Director of Municipal Works J. Grubich S:\TRAFFIC~I~EPORTS~2003~2003 CounciI~MW-2003-6 l.wpd File: G-180-01 Community Services Department The City of Niagara Falls Canada Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafafls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins@city.niagarafalls.on.ca March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Ed Dujlovic, P. Eng. Director MW-2003-62 File 2003-04 Re: MW-2003-62 Contract 2003-04 2003 Asphalt Patching, City Wide RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, 984265 Ontario Ltd. (aka Circle P Paving), be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Wednesday, March 19, 2003 at 1:30 p.m. for the above noted contract. Tender documents were picked up by seven (7) Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the three (3) Contractors, together with the corrected bids*. 1. 984265 Ontario Ltd. (Stevensville) 2. Rankin Inc. (St. Catharines) 3.Norjohn Contracting Ltd. (Thorold) $388,730.00 $408,414.00 *$558,577.00 ($555,341.00) The lowest tender was received from 984265 Ontario Ltd. in the amount of $388,730.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development March 31, 2003 2 MW-2003-62 Financing: The Engineer's estimate for this contract was $375,000.00. Project Costs: Awarded Contract Net G.S.T. 3% Funding: $388,730.00 $11,661.90 TOTAL $400391.90 Streets Dept. Various Water and Sewer accounts Parks and Recreation $250,000.00 $130,000.00 $ 25,OOO.OO TOTAL $400,000.00 This project is scheduled to commence on April 14, 2003, and will be ongoing throughout the year. Work will be completed up to the budgeted amounts. Councils' concurrence with the recommendation made would be appreciated. Manager of Projects Respectfully Submitted by: acDonald Chief Administrative Officer Director of Municipal Works Community Services Department The City of ~,~ Municipal Works · I1~.' 43'10 Queen Street Niagara Foils P.o. Box 1023 Canada~ffNiagara Falls, ON L2E 6X5 ~-r web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: ed ujlovi@city, niagarafalls.on.ca MW-2003-63 Ed Dujlovic Director March 31,2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re,' MW~2003-63 Contract 2003-192-00 Drummond Road Bridge At the Ontario Power Generation Canal Bridge Rehabilitation RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Holloway Philp Construction Ltd., be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Friday, March 21, 2003 at 1:30 p.m. for the above noted contract. Tender documents were picked up by thirteen (13) Contractors and five (5) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the five (5) Contractors, together with the corrected bids *. 1. Holloway Philp Construction Ltd· (Milton) *$ 988,829.00 $988,815.00 2. Underground Services (1983) Ltd. (Bolton) *$1,037,446.65 $1,037,440.80 3. Rankin Construction Inc. (St. Catharines) *$1,111,174.00 $1,111,173.50 4. Diamond Stonebridge Contracting Inc. ( Port Colborne) $1,128,297.00 5. Jarlian Construction Inc. (Milton) *$1,308,919.00 $1,304,517.10 }Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services March 3t, 2003 -2 - MW-2003-63 The lowest tender was received from Holloway Philp Construction Ltd. in the amount of $988,829.00. This Contractor has previously performed similar type projects for the Regional Municipality of Niagara. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $1,150,000.00. Project Costs: Awarded Contract Consultant Fees Consultant Inspection fees Net GST (3%) $988,829.00 $ 48,420.00 $ 40,000.00 $ 32,317.47 TOTAL $1,109,566.47 Funding: 2003 Capital Construction Program $1,300,000 This project is scheduled to commence on April 21, 2003. All works are to be completed by July 18, 2003. The bridge will be closed to all vehicular and pedestrian traffic during the construction period. A meeting was held with the Drununond Road business owners on March 19, 2002 regarding the scheduling of the bridge rehabilitation. The majority of the business owners indicated that closing the bridge at the same time as the MTO bridge construction at HWY. 420 was preferred. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darrall Project Manager Respectfully submitted: Chief Administrative Officer Director of Municipal Works S:\REPORTS\2003 Reports\MW-2003-63 Drummond Road Bridge Rehabilitation 2003-192-00.wpd Community Services Department · Municipal Works The City o.f ~1~, 4310 Queen Street Niagara rails YJl~, P 0 Box 1023 Cancl~Q~~Nia~ara Falls, ON L2E 6X5 ~'-~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-rnail: ed ujlovi@city, niagarafalls.on.ca MW-2003-64 Ed Dujlovic Director March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2003-64 HP 1055 em plus Plotter RECOMMENDATION: It is recommended that the purchase ora HP 1055 cm plus plotter, be awarded to Azon Canada Inc. at a cost of $20,930.00 including installation and all taxes. BACKGROUND: The existing HP 650C plotter in engineering is no longer supported by Hewlett -Packard (HP) and new parts are not available. In October 2002, used parts had to be installed. The HP 1055 cm plus plotter is specifically designed for technical CAD printing. A Quotation Request was prepared that stipulated all the specific requirements including multi-roll feeder, soft~qare, installation, training and the removal and disposal of the existing plotter. The proposal was sent to seventeen (17) companies and placed on the City's Intemet Site - Bid Opportunities Page. Nine (9) companies responded with ten (10) proposals. Three proposals did not comply with the quotation specifications and were eliminated. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services March 31, 2003 - 2 - MW-2003-64 Listed below is a summary of the six (6) quotations with total price, including all taxes that conformed to the quotation specifications. TOTAL COST 1. Azon Canada Inc. (Mississauga) $20,930.00 2. The Drafting Clinic CanadaLtd. (Mississauga) $21,045.00 3. IMP Solutions (Halifax Nova Scotia) $21,422.20 4. Ru-Link computer Corp. (Mississauga) $23,425.50 5. The Drawing Centre (Toronto) $23,941.12 6. MC Reproductions Inc. (Mississauga) $24,549.05 7. Argo - ICC Reprographics (Weston) $26,334.00 Financing: The estimated cost ofa HP 1055 cm plus plotter was $25,000.00. Therefore sufficiem funding is available from the Current Budget G-008-2010-3800, $25,000. Committee's concurrence with the above recommendation would be appreciated. Prepared by: Bob Darrall, C.E.T. Project Manager Jo~~ MacDonald Chief Administrative Officer Director of Municipal Works S:\REPORTS~003 ReportsffvlW-2003-64 HP 1055 cm plus plotter.wpd Community Services Department T ..... , Municipal Works ne cra/or jrJllf' 4310 Queen Street Niagara Falls ~A~l~r' P.O. Box 1023 Canada ~P Niagara Falls, ON L2E 6X5 ~~ web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: ed ujlovi@city, niagarafalls.on.ca MW-2003-65 Ed Dujlovic Director November 25, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2003-65 - Contract 2003-124-00 Fallsview Tourist Core Area Sanitary Trunk Sewer - Phase 4 RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Centennial Construction, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, opened tenders on Thursday, March 26 at 1:30 p. m. for the above noted contract. Tender documents were picked up by ten (10) Contractors and two (2) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the two (2) Contractors, together with the corrected bids *. 1. Centennial Construction( Niagara Falls ) *$ 924,681.10 2. V. Gibbons Contracting( Ridgeway ) *$1,061,433.51 ($ 924,675.60) ($1,060,369.81) The lowest tender was received from Centennial Construction in the amount of $ 924,681.10. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. This is the final phase of a three-year project required to service the growth in the Fallsview area Working Together to Serve Our Community Municipal Works · Fire Se/vices · Parks, Recreation & Culture · Business Development · Building & By-Law Se/vices March 31,2003 -2- MW-2003-65 including the permanent casino. The contract includes the construction of both a sanitary and storm trunk sewers from the limit of the Niagara Parks, Murray Street to Fallsview Boulevard, and Fallsview Boulevard to Dixon Street. Originally this work was planned to be completed with the road reconstruction of Murray Street and Fallsview Boulevard to avoid construction on the roadway twice. However, since the Environmental Assessment is not yet complete, we are proceeding with the work at this time. Financing: The Engineer's estimate for this contract was $1,200,000.00. Project Costs: Awarded Contract Consultant Miscellaneous Fees ( MOE ) Net G.S.T. 3% $ 924,681.10 Included in previous phase Included in previous phase $ 27,740.43 TOTAL $ 952,421.53 Funding: 2003 Capital Budget $ 952,421.53 Council's concurrence with this recommendation would be appreciated. Manager of Engineering Services ~-x Respectfully submitted: Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Community Services Department . ~ Municipal Works · ~'~, 3 0 Queen Street The C~ty of 4 1 Niagara Falls jjj P.O. Box 1023 Canada ~'Niagara Falls, ON L2E $X5 ~T~ web site: www.city.niagarafalls.on.ca Tel.: (g05) 356-7521 Fax: (905) 358-2354 E-mail: eduilovi@city,niagarafalls.on.ca MW-2003-70 Ed Dujlovic Director March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2003-70 Highway 420, Drummond Road Bridge Demolition RECOMMENDATION: It is recommended that this report be received for information and filed. BACKGROUND: The Ministry of Transportation had tentatively scheduled the demolition of the Drummond Road Bridge in two phases. That is the Toronto bound lanes and the Niagara Falls bound lanes at separate times. This staging would maintain traffic during the staged demolition. However, during the preparation for demolition, concerns were raised by the contractor of possible debris falling onto the highway from previous repairs. The Ministry of Transportation has now agreed to a Highway closure on Saturday, April 5, 2003 for approximately 10 hours. This closure will allow the removal of the complete bridge with minimal inconvenience to the Public. Work would commence at approximately 7:00 p.m. and would be completed in the early morning. Detours would be set up by the contractor in conjunction with the MTO, Region and the City. Notices to the surrounding residents would be delivered advising them of the planned works. Staff had concems with the work on the weekend, but MTO indicated that traffic was lowest at this time. MTO originally had planned to start the work at midnight. Staff indicated that the initial noise levels during the initial demolition would be a hardship on the residents. Starting earlier would alleviate these concerns and the noise level during the night would be a lesser concern. The MTO is exempt from the City's noise by-law, being a Provincial agency. WorMng Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services March 31, 2003 - 2 - MW-2003-31 ,,*C ?~C.E.T. Manager of Projects Respectfully submitted: mDi°n~tdative Officer Ed Dujlovic, P.Eng. Director of Municipal Works S:~EPORTS~2003 Rcports~MW-2003-70 Drummond Rd. MTO bridge demolition.wpd The City of Niagara Falls Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city. niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city, niagarafalls .on .ca L-2003-22 R. O. Kallio City Solicitor March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' L-2003-22 Quit Claim Transfer/Deed to Kamal Bashandy Miners 5666-5674 Temperance Avenue and 5700 Emery Street Our File No. 2003-88 RECOMMENDATION: That Council authorize execution of a Quit Claim Deed to transfer a 9.73 foot strip of land to Kamal Bashandy Miners to clear a cloud on title to the properties located at 5666-5674 Temperance Avenue and 5700 Emery Street. BACKGROUND: Kamal Bashandy Miners is the owner of Lots 63, 64 and a 9.73 foot strip of land located on the west side of Lot 65 on Plan 300, which is shown hatched on APpendix "1" attached. In 1982, The Board of Education conveyed the "westerly" 30.275 feet of Lot 65 to the City, which is shown shaded on Appendix "1" attached. Lot 65 is 40 feet in width. It was the intent to convey the "easterly" 30.725 feet of Lot 65 to the City, so that the 9.73 feet strip of land on the west side of Lot 65 would remain in the name of the abutting owners to the west. As the Transfer/Deed of Land from The Board of Education to the City incorrectly described the lands as the "westerly" 30.275 feet and not the "easterly" 30.725 feet of Lot 65, the conveyance to the City overlapped the 9.73 foot strip of land. As such, the land presently remains in both the names of the abutting owner to the west of Lot 65 and the City. Working Together to Serve Our Community Clerks Finance · Human Resources Information Systems Legal · Planning & Development March 31, 2003 - 2 - L-2003-22 In order to clear this cloud on title, a Quit Claim Deed from The Corporation of the City of Niagara Falls to Kamal Bashandy Miners, the present owner of Lots 63, 64 and a 9.73 strip of land on the west side of Lot 65, Plan 300, will need to be registered on title. Respectfully submitted: fi John MacDonald Chief Administrative Officer Ray Kallio City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services *--0070 · EI~ERY STREET 00~,~ .,, SPR/flG STREET Il The City of Niagara Falls Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city, niagarafalls.on.ca L-2003-25 R, O. Kallio City Solicitor March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-25 Crawford Adjusters Canada Renewal of Agreement for Insurance Adjusting Services Our File No. 2000-183 RECOMMENDATION: That the renewal agreement, attached as Appendix "1", with Crawford Adjusters Canada to provide insurance claims adjusting services, for a further term of three years, be approved. BACKGROUND: Crawford Adjusters Canada ("Crawford") has been providing the City's insurance claims adjusting services since July, 2000. Crawford has provided both prompt and professional service in handling and resolving the City's insurance claims. The only change to the original agreement is an increase of fees fi.om $95.00 per hour blended to $98.00 per hour blended. The highlights of the renewal agreement are as follows: Fees are set out in Schedule "A" and are consistent with the fees quoted by Crawford in July 2000, save and except for the $3.00 increase to the hourly blended rate; The term of the renewal agreement is for three years commencing July 18, 2003 and ending July 17, 2006; The agreement may be terminated by either party upon ninety days written notice. Working Together to Serve Our CommuniO~ Clerks Finance · Human Resources Information Systems · Legal · Planning & Development March 31, 2003 - 2 - L-2003-25 Staffrecommends that the City enter into a renewal agreement with Crawford, for a further term of three years, with the option to withdraw upon ninety days' written notice. Staff is very satisfied with Crawford Adjusters Canada and the services that it has provided to the City. Respectfully submitted: Chief Administrative Officer by: Ray Kalli~r ~ City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services /mlTl II Crawford Agreement to Provide Adjusting Services BETWEEN Z W THE CORPORATION OF THE CITY OF NIAGARA FALLS AND CRAWFORD ADJUSTERS CANADA Crawford Adjusters Canada 539 Riverbend Drive, Kitchener, Ontario N2K 3S3 Service Agreement This agreement is effective as the 18th day of July, 2003. Between: THE CORPORATION OF THE CITY OF incorporated City under the laws of the Province of Ontario ('City') NIAGARA FALLS, an -and- CRAWFORD ADJUSTERS CANADA, a corporation incorporated under the laws of Canada, with its head office in the City of Kitchener, Ontario, in the Regional Municipality of Waterloo ('Adjuster'). WHEREAS the 'Adjuster' is engaged in and licensed to provide certain services with respect to the investigation, evaluation, negotiation and settling of property and casualty insurance claims; and, WHEREAS the 'City' has requirement of an adjuster to provide certain services pertaining to the investigation, evaluation and settling of property and casualty insurance claims within their self insured retention of $10,000.000, and, WHEREAS the parties to this agreement wish to set out the terms and conditions governing the provision of services by the 'Adjuster' to the 'City' or, where appropriate, the City's Insurers, during the term of this agreement, NOW, THEREFORE, in consideration of the mutual promises contained herein and subject to all the terms and conditions hereof, 'Adjuster' and 'City' agree as follows: 1. Scope of Adjuster's Authority 1.1 City authorizes Adjuster to provide the 'Basic Services' described in subsection 1.2 in accordance with the terms and conditions of this Agreement and any exhibits and/or addendums attached hereto and incorporated herein, within the self insured retention portion of it's insurance policies. 1.2 Adjuster agrees to provide the following 'Basic Services' for the investigation, evaluation, negotiation and settling of property and casualty claims made under the self insured retention portion of policies, and to the City's Insurers for claims in excess of the City's self insured retention, which occur and are reported to the 'Adjuster' for handling during the effective term of this agreement: a) To establish and maintain a computerized claim register for all claims made under the Policies, recording for each claim serviced by the 'Adjuster', the claim number, the name of the insured and all claimants, date of occurrence, date on which the claim file was established, the amount of the loss and loss adjustment expense reserves established and the location (city and province) where the loss occurred. b) To provide the 'City' with an itemized quarterly risk management information report not later that fifteen (15) business days following the end of the quarter, of all claims and losses incurred in the preceding quarter and from the inception date of the policies. C) TO investigate all claims and to recommend to the 'City', or where appropriate, the City's Insurers, the amount of the loss and loss adjustment expense reserves to be established for each claim not paid within twenty-one (21) days of receipt. d) To supply claim forms utilized in the investigation, evaluation negotiation and settlement of all claims, and to use any claim forms specified by the 'City', particularly the City's final release form. e) To establish and maintain a hard copy and/or electronic file for each claim reported to the 'Adjuster', containing all information pertaining to the claim, and upon request, to provide the 'City', or, where appropriate, the City's Insurers, with a complete copy of any claim file, and to arrange intemet access to 'City' file notes via the Adjuster's 'CMS Claims Management SystemTM program. To investigate, evaluate, negotiate and settle, as appropriate, all claims within the 'Adjuster's' settlement authority limit as may be established by the 'City' and described in the Claim Procedures Protocols attached hereto as exhibit 'B', and incorporated herein by reference. g) To obtain written approval from the 'City', or, where appropriate, the City's Insurer, prior to settling any claim in excess of the 'Adjuster's' settlement authority limit. h) To obtain the 'City's' or the City's Insurers consent prior to denying coverage on any claim. To report all claims to the 'City', or, where appropriate, the 'City's Insurers' on which litigation is filed immediately following receipt of notice of filing or service on the 'City'. J) To supervise all litigation and to attend any judicial or administrative proceedings involving any claim serviced under this agreement, subject to direction and authority of the 'City', or, where appropriate, the City's Insurer. k) To turn over to the 'City' or, where appropriate, the City's Insurers, all files and records relating to any settled claim, within ten (10) business days following a request to do so from the 'City' or the City's Insurers. I) To designate an account representative as the 'City's contact person to communicate and coordinate as needed regarding the status of all claims serviced by the 'Adjuster' hereunder. Paul Desjardins, Manager, St. Catharines Crawford Adjusters Canada, is so designated. 1.3 'Adjuster' shall continue to provide the 'Basic Services' for each claim until settled or closed or until the 'Adjuster' and the 'City', or, where appropriate, the City's Insurers, mutually agree in writing that the 'Adjuster' has no further liability with respect to such claim, subject to the terms of section 1.2 1.4 The 'City', or, where appropriate, the City's Insurers, reserves the dght to assume control and handling of any claim at any time. 'Adjuster' shall deliver promptly to the 'City', or, where appropriate, the City's Insurers, any claim file requested by the 'City' or their Insurers; however, 'City' shall not be entitled to offset or deduct the costs of handling such claim from any of the fees or expenses owing to the 'Adjuster' under the terms of this Agreement. 1.5 All claim files established by the 'adjusters' pursuant to this Agreement, shall at all times remain the sole property of the 'City', or, where apprepdate, the City's Insurers. The 'City' shall at all times be entitled to review all claim files maintained by the 'Adjuster' at its place of business at any time dudng ordinary business hours. The 'Adjuster' shall provide the City's Insurers and their examiners with access, upon reasonable notice, to such files and records. 1.6 The 'Adjuster' shall notify the 'City', or, where appropriate, the City's Insurers, immediately upon receipt of any complaints and inquiries received from any insurance regulatory authority, and shall provide the 'City', or, where appropriate, the City's Insurers, with copies of any written correspondence relating to such complaints and inquiries. The 'Adjuster' shall cooperate with and assist the 'City', and, where appropriate, the City's Insurers, in gathering any claim or loss information necessary to respond to such correspondence, complaints and inquiries. 1.7 The 'Adjuster' agrees not to delegate or subcontract to any third party the performance of any services, duties or obligations undertaken by it pursuant to this Agreement without the pdor written approval of the City, or, where appropriate, the City's Insurers. Fees 2.1 As set out in Schedule "A" attached hereto Term and Termination 3.1 The initial term of the Agreement shall be from July 18th, 2003 and ending July 17, 2006. 3.2 This Agreement may be terminated by either party without cause, by providing at least ninety (90) days prior written notice of termination to the other party. Representations of Adiuster The 'Adjuster' represents and warrants as follows: 4 4.1 It will comply with all applicable laws governing claims handling practices and procedures and other applicable law, rules and regulations, in the performance of its duties under this Agreement; 4.2 It is duly authorized and licensed to perform its duties hereunder in each jurisdiction where it will act. Insurance 5.1 During the term of this Agreement, the 'Adjuster' shall maintain continuously the fidelity insurance and errors and omissions insurance described in exhibit 'C' attached hereto and incorporated herein by reference. Indemnification 6.1 The 'City shall indemnify, defend, and hold harmless the 'Adjuster' and its employees, officers, directors and agents from and against any and all losses, damages, expenses, causes of action and other liabilities of any description whatsoever, including, without limitation, settlement costs and reasonable legal fees, court costs, and other expenses incurred in the investigation, prosecution or defence of any claim or action or any threatened claim or action, brought by an unrelated third party based upon or arising out of or in connection with any claim serviced under this agreement or the 'Adjuster's' performance of its obligations under this Agreement, except to the extent incurred solely as a consequence of the 'Adjuster's' independent conduct, 6.2 The 'Adjuster' shall indemnify defend and hold harmless the 'City' and where appropriate, the City's Insurers, and their employees, officers, directors and agents from and against any and all losses, damages, expenses, causes of action or other liabilities of any description whatsoever, including, without limitation, settlement costs and reasonable legal fees, court costs, and other expenses incurred in the investigation, prosecution or defence of any claim or action or any threatened claim or action, brought by an unrelated third party based upon or adsing out of or in connection with any wrongful acts, errors, omissions, or other negligent acts of omissions of the 'Adjuster', its employees, offices, agents and subcontractors in handling any claims under this Agreement, including allegations of bad faith in claims handling, except as a consequence of the 'City's', or, where appropriate, the City's Insurer's independent conduct. 6.3 Termination of the Agreement shall not relieve either party of its respective obligations of indemnification under this section. Confidentiality 7.1 'Adjuster' acknowledges that it's employees and other representatives will be exposed to confidential and proprietary information of the 'City' during the ordinary course of providing the services contemplated by this agreement. 'Adjuster' agrees to use its best efforts and to cause it's employees and other representatives to use the same degree of care to maintain the confidentiality of such information as it would and/or does with respect to its own confidential and proprietary information. 'Adjuster' agrees to refrain from disclosing any part of the 5 Sm 'City's' confidential and proprietary information to a third party. In the event the 'Adjuster' is required to disclose such confidential and proprietary information as a result of court order, or testimony, the Adjuster agrees to provide prior notification to the 'City'. Amendment and Waiver 8.1 This Agreement and the Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof and shall not be amended except in writing duly signed by both parties to this Agreement. 8.2 The failure of either party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not constitute a waiver of such party's right to insist upon strict adherence to such term or condition on a subsequent occasion. Any of the terms or conditions of this Agreement may be waived at any time, and from time to time, in writing by the party entitled to the benefit thereof, without impairing or diminishing any other term or provision thereof. Waiver by either party of a breach of any term or condition of this Agreement shall not operate as or be construed as a waiver of any subsequent beach. Notice All notice, requests and other communications ('Notices') required or permitted to be given under this Agreement shall be given in writing and shall be deemed duly delivered if delivered personally with receipt acknowledged, or by Canada Post, registered and certified first class mail, postage prepaid, return receipt requested, addressed to the parties at the following addresses, or such other address as any party may specify hereinafter by giving notice to the other party in accordance with the procedure outlined in this section: If to the 'City': The Corporation of the City of Niagara Falls, 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Telephone (905) 356-7521 Fax (905) 371-3892 Contact Person: Mr. Ray Kallio If to the 'Adjuster': Crawford Adjusters Canada 110A Hannover Dr. St. Catharines, Ontario L2W 1A4 Telephone: (905) 688-6391 Fax: (905) 684-0133 Contact Person: Mr. Paul Desjardins 6 Notices shall be deemed duly received on the date of delivery in person, or five (5) days after placing in Canada Post. 10. Assi.qnment Neither party may assign its dghts and obligations under this Agreement without the prior written consent of the other party. All representations, covenants, and warranties of this Agreement shall be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns. Nothing in this Agreement is intended or shall be construed to confer upon or give to any person or entity other that the 'City' and 'Adjuster', any right, remedy or claim hereunder. 11. Severability If any provision of this Agreement shall be declared invalid or unenforceable the remainder of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Trust Agreement As set out in Schedule "D" attached hereto. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first wdtten above. The Corporation of the City of Niagara Falls, BY: By:. Name: Dean Iorfida Name: WAYNE THOMSON Title: City Clerk Title: Mayor Crawford Adjuo~~~ :::L Title: C.E.O. 7 Schedule"A" Fee Schedule Telephone adjusted losses $1000.00 to $10,000 Property Damage Only All single, straightforward first or third party property damage claims, no injuries. Fee .......................................... $125 per file Bodily Injury Alt single, straightforward personal injury claims. Plus task assignment where necessary. Fee .......................................... $200 per file Time and Expense All work outside of the fiat rate fees will be billed on a time and expense basis - blended rate of $98.00 per hour. This includes all operating expenses and excludes disbursements. (See definitions below.) Technical Services Fees ara on a time and expenses basis, net of operating expenses as defined below. Fee ................................................... from $85, plus expenses · Telephone · Clerical Expenses · Automobile ~ $0.55 per km · Photographs - $2.50 per photo · Photocopies - $0.50 per copy Disbursements apply to all Field and Telephone Fees on an incurred basis, and include but are not limit to: · Legal fees and all court ralated costs · Engineering fees · Private investigation and surveillance services · Professional photography costs · Expert consulting fees and their related court costs · Independent medical examination fees and rahabilitation services · Costs of public and hospital records, as welt as police and medical reports · Long distance telephone charges · Appraisal fees · Specialty Services Fees ClaimsAlert 1) Claims Assigned to Crawford Adjusters Canada- 2) Claims pulled back next working day - 3) Claims sent to contractor - Minimum charge - 4) Claim Inquiries - 5) All other calls, cost per call - ~ Includes: Call scraening as per your protocol. · Overflow call handling. No Fee $15.00 perclaim $3o.0o $1o.oo $5.00 Office closed for a Holiday, a week notice requirad. Monthly summary of all calls provided. The above sets out the fee schedule as proposed and captures the incidental fees for the use of CLAIMSAL£RT for claims/calls that are not handled by Crawford Adjusters Canada. 9 BILLING INSTRUCTIONS SPECIAL INSTRUCTIONS OR SPECIAL FORMS OTHER SPECIAL INSTRUCTIONS SCHEDULE"B" Bill all fees at $98.00 per hour blended. For technical Services bill $85.00 plus expenses. Property Damage claims are single, straightforward first or third party property damage claims where theirs airs no injuries. FEE $125 per file Bodily Injury airs single, straightforward personal injury claims. Plus task assignment where necessary. FEE $200 per file. must use City of Niagara Falls preferred full and final release Key Account Service Factors Philosophy · Expect that Crawford Adjusters Canada will pay what the claim is worth · Handle on a timely basis · Recognize that citizens may escalate internally (at the City) · City of Niagara Falls has the final say in ALL settlements · All communication should be through e-mail · Settlement requests should be e-mailed to Legal Services · All claims are in writing only · Once a claim has been received from a claimant it will be sent to Crawford Adjusters Canada via fax, mail or email Requirements · Notice to Crawford Adjusters Canada is notice to the broker (Cowan) · SIR is $10,000 deductible · City of Niagara Falls will handle all claims below $1500 excluding personal injury claims; "complex" claims; any claims they deem they do not want to handle · Any claims over $10,000 as well as any personal injury claim regardless of claimant amount must be reported to Cowan - direction will be provided by Cowan, copy all reports to Legal Services · We airs to use the City of Niagara Falls, their final releases General · If claimants contact City of Niagara Falls directly after their claim has been initiated with Crawford Adjusters Canada, Legal Services will refer the claimant back to Crawford Adjusters Canada · Potential transition of services date: July 18 Reporting of the Claim to Crawford Adjusters Canada · City of Niagara Falls will fax and mail all claimant letters directly to Crawford Adjusters Canada 10 After hour claims (> 4:30 pm and weekends/holidays) will be called into the ClaimsAlert 1-800 number; CA will immediately assign adjuster per protocol; CA will forward Claims acknowledgment per standard procedure to: 1) City of Niagara Falls Legal Services 2) Crawford Adjusters Canada Claimant Contact Protocols · Claimant must be contacted "within a reasonable time" · Crawford Adjusters Canada must respond in writing or at least telephone every claimant immediately upon receipt of claim report from City of Niagara Falls · It would be nice to not have to see insured name and address on form - City of Niagara Falls know who they are CAC Reporting Protocols · Communication via e-mail is required · Acknowledgement form must be e-mailed to C of NF within 24 hours of claim report to Crawford Adjusters Canada · Acknowledgement report should include: 1. City of Niagara Falls claim number 2. Crawford Adjusters Canada claim number 3. Claimant information 4. Date of Loss 5. Adjuster name and contact information 6. ALL reports are to be made to City of Niagara Falls via e- mail · Reports to be used: 1. 24 Hour Acknowledgement 2. 30 day report 3. Ongoing (Interim Reports) 4. Settlement Requests 5. Final Report 6. Reports should be short-form report where possible, long form for more complicated claims only Authority Levels - None · All Settlements must be cleared through City Solicitor · They should be sent via e-mail to Legal Services 11 Corporate Services Department L-2003-30 The City of Niagara Falls Canada Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalts.on.ca R. O. Kallio City Solicitor Tel.: Fax: E-maih (905) 356-7521 (905) 371-2892 rkallio@city.niagarafalls.on.ca March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-30 Niagara Catholic District School Board purchase from The Corporation of the City of Niagara Falls One Foot Reserve located on south side of Cardinal Newman Way Road, formerly Kimbark Avenue Our File No.: 2002-65 RECOMMENDATION: That the one foot reserve described as Part of Township Lot 123, located on the south side of Cardinal Newman Way Road, formerly known as Kimbark Avenue be declared surplus and offered for sale to Niagara Catholic District School Board, for nominal consideration. BACKGROUND: A one foot reserve described as Part of Township Lot 123, located on the south side of Cardinal Newman Way Road, formerly known as Kimbark Avenue is shown on the Property Index Map attached as Appendix "1". The one foot reserve was conveyed to The Corporation of the Township of Stamford on October 5, 1951 for the purpose of controlling access to adjacent lands to the south which are owned by The Board of Trustees of the Roman Catholic Separate Schools for the City of Niagara Falls, now known as Niagara Catholic District School Board (the "School Board"). The Cardinal Newman Catholic School building was constmcted and presently exists on the lands identified as 0007 on Appendix Pursuant to Report L-2002-59 attached as Appendix "2", the City permanently closed Cardinal Newman Way Road, formerlyknown as Kimbark Avenue and transferred same to the School Board, on March 6, 2003. As such the one foot reserve acquired in 1951 is no longer required by the City and should be transferred to the School Board to complete its land assembly and permit legal access Working Together to Serve Our Comtnunity Clerks · Finance · Human Resources Information Systems · Legal · Planning & Development SCHEDULE "D" TRUST ACCOUNT 1. Crawford Adjusters Canada shall establish and maintain a Trust Bank Account with the Royal Bank of Canada, Kitchener, Ontario, Canada, to be utilized for payments to claimants and other payable expenses as authorized by The City of Niagara Falls. 2. Crawford employees designated by Crawford Adjusters Canada shall be authorized to sign and issue cheques from this Trust Account after claims settlement authorization is received. 3. The City of Niagara Falls shall initially provide sufficient funds to the Trust Account to enable Crawford Adjusters Canada to pay claims or other expenses as they arise in accordance with the terms of this Agreement. 4. At the end of every month Crawford Adjusters Canada shall provide a copy of the bank statement, along with a copy of the Trust Account Report, to The City of Niagara Falls. The Trust Account Report will list all cheques that have been issued for that month, the amount of the cheque, and the claim number for the claim for which the cheque was written. 5. To ensure an orderly transition, in the event that Crawford Adjusters Canada retention under this Agreement is terminated, Crawford Adjusters Canada shall keep the Trust Account open for a period not to exceed six (6) months from the termination date to allow for all issued cheques to be cashed by the recipients (the "Wind-Down Period"). Should all of the issued cheques be cashed at any time during the "Wind-Down Pedod", the Trust Account shall be closed immediately. If at the end of six (6) months, there are still outstanding cheques that have been issued but still not cashed by recipients, stop payment orders shall be issued on all outstanding cheques and the Trust Account shall be closed. Responsibility for establishing a new Trust Account and for ongoing administration of it, is that of the City of Niagara Falls or another party as designated by the City of Niagara Falls. 12 The City of Niagara Falls' Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on~ca Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@ci~.niagarafalls.on.ca L-2003-27 R. O. Kallio City Solicitor March 31, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: ae~ L-2003-27 Establish as a Public Highway Part 2 on Reference Plan 59R-12001 As part of McLeod Road Our File No.: 2003-83 RECOMMENDATION: That a road widening, being Part 2 on Reference Plan 59R-12001 attached as Appendix "1", be established as a public highway, to be known as McLeod Road. BACKGROUND: As a condition of Land Division Committee approval, River Realty Development (1976) Inc. conveyed a road widening to the City. The subject lands are located on the no,da side of McLeod Road and shown hatched on the plan attached. Staffis now recommending that the subject lands be dedicated as a public highway to form part of McLeod Road. PrePT~ bY: ~/ t~by: R rKal~o '~ Cit, Solicitor Approved by: T. Ravenda Executive Director of Corporate Services 4~spectfully subamitted~ J JJJohn MacDonald ~/ Chief Administrative Officer Working Together to Serve Our Communi(F Clerks Finance · Human Resources Information Systems · Legal · Planning & Development .' sc.c~ , ,~.,,~ '..s .,..,. PLAN ,59R-J:~J ~'~ ~ BEARING NOTE " NOTES ,~--,.~,~ METRIC NOTE ~,~A',-' PART OF STAMFORD ¢ ......~ ~~P/ ~% ~69 ,~- - ~ ~ r~,~ TOWNSHIP LOT NO. 169 0 ' % · I<l ~URV[YOR'S CERTIFICATE ~oo.~,. ~,o...,)McLeod RECEIVED ~8LLhe~, Camem~q ,~..~eF¢l,imi[eS- Ke~ T. Bo~e Corporate Services Department L-2003-28 The Cih/of Niagara Falls Canada Legal Services 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city, niagarafalls.on.ca R. O. Kallio City Solicitor Tel.: Fax: E-mail: (905)356-7521 (905)371-2892 rkallio@ci~.niagarafalls.on.ca March31,2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-28 Establishment of One Foot Reserves As Public Highways Blocks 73, 74 and 75 on Plan 59M-274 Our File No.: 2002-523 RECOMMENDATION: That the one foot reserves described as Blocks 73, 74 and 75 on Plan 59M-274 attached as Appendix "1" be established as public highways to form part of Brookside Drive, Beaver Glen Drive and Beaverton Boulevard, respectively. BACKGROUND: Blocks 73, 74 and 75 on Plan 59M-274 are one foot reserves conveyed to the City at the time of registration of Beaver Valley - Extension One, Phase One Subdivision for the purpose of controlling access to adjacent lands. Now that development has been approved on the adjacent lands, Beaver Valley - Extension Two Subdivision, staff would advise that the one foot reserves are no longer required and can be established as public highways to permit legal access to the adjacent subdivision. Law Clerk City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services o~hn Mspectfully submitted: acDonal~' - -- Chief Administrative Officer Working Together to Serve Our Communit~ Clerks Finance Human Resoumes · Information Systems · Legal · Planning & Development APPENDIX '~" March 31, 2003 - 2 - L-2003-30 to the School Board's lands located south of the one foot reserve. Law Clx_ R City Solicitor o~ M~pectfully submitted: acDonald / iJ Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services 00o7 PROPERTY INDEX MAP BLOCK 64305 CITY OF NIAGARA FALLS REG.MUNICIPALITY OF NIAGARA (OFFICE 59) LEGEN~ NOTES APPENDIX i; Corporate Services Department L-2002-59 T. . .,~A . Legal Services ne C1~¥ eT ~r~l~l 4310 Queen Street Niagara Falls ll~ll~ P.O. Box._1023 ........ Canada ~Niagara rails, uN LZC ~I~' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca R. Kalllo City Solicitor October 21, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' L-2002-59 Declare Lands Surplus and Offer for Sale Cardinal Newman Way Road Allowance Our File No. 2002-65 X RECOMMENDATION: 1. That Cardinal Newman Way formerly known as Kimbark Avenue be stopped and closed. That Cardinal Newman Way being City-owned lands be declared surplus and offered for sale to Niagara Catholic District School Board for nominal consideration. BACKGROUND: Cardinal Newman Way, formerly known as Kimbark Avenue is shown in heavy outline on Appendix "1" attached. The lands are located south of Beaverdams Road, east of Kalar Road. Niagara Catholic District School Board ("the Board") purchased lands to the east of Cardinal Newman Way. The Board has already submitted an application for site plan approval to Planning and Development Services to use those lends for additional parking and to expand the school facilities. The Board recently entered into an Agreement of Pumhase and Sale with the owners of the lands on the west side of Cardinal Newman Way. Working Together to Serve Our Community Clerks Finance Human Resources . Information Systems Legal Planning & Development October 21, 2002 - 2 - L-2002.59 On April 17, 2002, Niagara Catholic District School Board expressed its interest in purchasing Cardinal Newman Way so as to complete the land assembly. A copy oft_he existing site plan can be reviewed in the Planning Department. The Board requires Cardinal Newman Way for the purpose of improving parking and school bus, automobile and pedestrian access for Cardinal Newman Catholic School from Beaverdams Road. This would assist with the City's Parking Enforcement around schools and The Kiss and Ride Program. If the Board was to purchase Cardinal Newman Way, it would be necessary to reconfigure the proposed site plan so as to provide a better buffer to the adjoining residences on either side of the new parking area(s). Tho Board has indicated that it does not require thc property but will accept same for nominal consideration. Disposing of the road allowance will relieve the City o fall maintenance, plowing and potential liability. It will also improve the flow of traffic for the operation of the school. It should be noted that presently the mad only serves a single user. Staff has no objections to conveying Cardinal Newman Way to the Board and concurs that thc land should be offered for sale. Law Clerk Respectfully submitted: John MacDonald Chief Administrative Officer City Solicitor Approvext by: T. Ravenda Executive Director of Corporate Services