The URL can be used to link to this page

2003/09/22REGULAR COUNCIL MEETING Monday, September 22, 2003 Order of Business and Agenda Package REGULAR MEETING September 22, 2003 PRAYER: Alderman Selina Volpatti 0 Canada: Ashley Gallardi will sing the National Anthem. The Minutes of September 8, 2003 will be available at the next Council Meeting. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Minor Bantam O.B.A. "AA" Championship A presentation will be made to the Niagara Falls Cytec Falcons, on winning the Provincial Baseball Championship. UNFINISHED BUSINESS Report PD.2003-79 - Chief Administrative Officer - Re: Minor Change to Zoning Approval and Cash.in-Lieu Agreement - J. Roberto ; 5709 Victoria Avenue. - AND - RESOLUTION - THAT Council hereby determines, in accordance with Section 34(17) of the Planning Act, R.S. 0., that the changes to the proposed zoning by-law for application AM-22/2003 (Jim Pattison Entertainment Ltd.) regarding the provision of off-site parking spaces to accommodate a proposed attraction (wax museum) are minor in nature and do not require any further notice. -2- MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Recycling Council of Ontario. Re: Proclamation - requesting that Council proclaim the week of October 20 - 26, 2003 as "Waste Reduction Week" RECOMMENDATION: That the request be supported. The Niagara Regional Police Services & the Niagara Region Police Association - Re: 2005 Ontario Special Olympics Provincial Summer Games/Track & Field Event, Oakes Park - requesting that the City partner with them in the 2005 Ontario Special Olympics Provincial Summer Games. RECOMMENDATION: Refer to staff. Petition from the residents on Claude Avenue, Hillcrest Crescent and Portage Road - Re: Noise from an adjacent business. RECOMMENDATION: Refer to staff. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS CLERK'S DEPARTMENT MATTERS - Addendum to 2003-19 - Municipal Bingo Operations - AND - 1. Chief Administrative Officer CD-2003-19, Municipal Bingo Operations. PLANNING MA TTERS 2. Chief Administrative Officer PD-2003-82, Proposed Regional Policy Amendment #183, "Places for People: Investing in Urban Communities" (Smart Growth) -3- PARKS, RECREATION & CULTURE MATTERS Chair, Trails & Bikeway Committee R-2003-60, Actions Stemming from Trails & Bikeway Committee Meeting of September 4, 2003. 2. Chair, Civic Committee R-2003-61, Niagara Falls Multicultural Festival. Chief Administrative Officer R-2003-63, Heritage Community Recognition Program. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) RATIFICATION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS (Alderman Kim Craitor, Chair) MW-2003-174, Municipal Parking & Traffic Committee Recommendations- September 16, 2003 Meeting. 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. 1. F-2003-41, Municipal Performance Measurement Program; 2. F-2003-42, Water By-law Amendment; 3. F-2003-43, Municipal Accounts; 4. MW-2003-168, Consulting Servicing for the Drummond Road Watermain Design; -4- 5. FS-2003-12, Municipal By-Law 80-114, Designation of Required Fire Access Routes Inclusion of Home Depot, 7190 Morrison Street; Owner: Home Depot of Canada Inc. 6. FS-2003-13, Primary Emergency Agreement with Niagara Police Services Board; 7. FS-2003-15, Purchase of Thermal Imaging Camera; 8. FS-2003-t6, Agreement with Old Acres Building Temporary Training Site for Niagara Falls Fire Department, Vacant Building at 5259 Dorchester Rd.; 9. CD-2003-18, Special Occasion Permit; 10. CD-2003-20, Advance Polls - 2003 Municipal Elections; 10. CD-2003-21, Hours of Voting; 11. L-2003-64, Lighthouse Niagara Resource Centre and the Corporation of the City of Niagara Falls Decision of the Court of Appeal for Ontario. RA TIFICA TION OF COMMITTEE-OF. THE-WHOLE MA TTERR RESOLU~ONS That pursuant to the Ontado Transit Renewal Program, the Council of the Corporation of the City of Niagara falls hereby requests payment of the renewal funds for an accessibility bus in the amount of $24,287.00. BY-LAWS. The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2003-167 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Heavy Vehicle Restriction) 2003-168 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs at Intersections, Heavy Vehicle Restriction) 2003-169 To amend By-law No. 79-200, to legalize an existing tattoo studio.(Re: AM-28/2003, 6095 Fallsview Ave.) 2003-170 2003-171 2003-172 2003-173 2003-174 -5- To provide for advance voting prior to voting day for the 2003 Municipal Election. To provide for hours of voting on election day and reduced hours of voting in institutions and retirement homes. To establish a Municipal Bingo Policy. To authorize monies for General Purposes (September 22, 2003) To adopt, ratify and confirm the actions of City Council at its meeting held on the 22~d day of September, 2003. NEW BUSINESS Corporate Services Department ~.,~ Planning & Development The City of ~'~'~1~ 4310 Queen Street Niagara Fallsllk P.O. Box 1023 ___~_~~rJ,~i,,. Niagara Falls, ON L2E 6X5 Cu~~~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: p~anning@city, niagarafalls.on.ca PD-2003-79 Doug Darbyson Director September 8, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-79, Minor Change to Zoning Approval and Cash-in-Lieu Agreement - J. Roberto 5709 Victoria Avenue RECOMMENDATION: It is recommended that Council: 1) 2) 3) pass a resolution that no further public notice of zone change is necessary; authorize a cash-in-lieu agreement as outlined; and direct staff to prepare terms of reference for a comprehensive study of parking requirements in the tourist core. * AND IF THE APPLICANT 'dISHED TO MARRY ANOTHER PIECE OF PROPERTY TO THE BACKGROUND: MUSEUM TO SATISFY THE PARKING REQUIREMENTS, THAT THE AMOUNT OF MONIES PAID BY THE APPLICANT BE REIMBURSED TO HIM.* On 3uly 14, 2003, Council approved an application to rezone 5709 Victoria Avenue to allow an increased building height of 23.0 metres, a maximum lot coverage of 85% and the provision of off- site parking spaces to accommodate a proposed attraction (wax museum). The property owner's solicitor, Guy Ungaro, now proposes (letter attached) to enter into a cash-in-lieu agreement with the City to accommodate the museum use rather than provide off-site parking. The site is located in an area where cash-in-lieu of parking is an option and was the preferred approach recommended in Planning Report PD-2003-67. This change in the proposed zoning by-law since the public meeting requires that City Council determine that no further notice of the change is necessary. A resolution is included in tonight's agenda. Cash-in-Lieu Agreement The August 26, 2003 letter from Guy Ungaro includes not only 5709 Victoria Avenue in his description, but also 5711, 5713, 5715 and 5717 Victoria Avenue. These additional properties are not part of the rezoning application and will, therefore, not be included within the cashdn-lieu agreement. Among the criteria for use of cash-in-lieu agreements is that the redevelopment should contribute to the revitalization of the area. The other listed uses are not currently being redeveloped. It has been determined already that the new building to house the attraction will be a catalyst for further redevelopment of the area. "}Forking Together to Serve Our Community Clerks · Finance Human Resources Information Systems Legal Planning & Development September 8, 2003 - 2 - The proposed museum requires 37 parking spaces to meet zoning by-law requirements. The current building has been grandfathered for 27 parking spaces which were required for the previous use, but not provided because the building pre-exists the by-law. The result is a requirement for 10 additional parking spaces. It is these 10 spaces for which the owner is seeking a cash-in-lieu agreement. At the current rate of $12,000 per space, the applicant is required to pay $120,000 which can be made through a five-year payment plan. The agreement is to be registered on title which provides the City with adequate security to collect the monies in the case of a default or change in ownership. The applicant is requesting that an opportunitybe provided to recalculate the cash-in-lieu arrangement based on a Parking Demand Study. Because the area has a high volume of pedestrians, it is anticipated that most visitors to the museum will be walk-by traffic. The agreement, therefore, provides a clause to address the Parking Demand Study option. The owner has agreed to pay to the City to hire a consultant to do a site specific Parking Demand Studyundertaken to municipal standards. The use of individual Parking Demand Studies has serious implications on the cash-in-lieu policy and the provision of municipal parking. There is a need for the City to undertake a comprehensive review of the municipal parking requirements in the tourist core, the policy on the use of cash-in-lieu of parking and the overall strategy for the provision of municipal parking lots/structures. CONCLUSION: The request to change Council's approval of the zoning by-law application is appropriate. The applicant and the City can enter into a cash-in-lieu agreement to address the parking requirements together with a proviso for a Parking Demand Study. Finally, staff should undertake terms of reference for a comprehensive review of parking requirements in the Central Tourist District. Respectfully submitted: Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services AH:tc S:hUDRX2003~PD2003-79, Minor Change to Zoning & Cash-in-lieu 5709 Victoria.wpd The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman September 22, 2003 RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the proposed zoning by-law for application AM-22/2003 (Jim Pattison Entertainment Ltd.) regarding the provision of off-site parking spaces to accommodate a proposed attraction (wax museum) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR Recy-'ling Council of AIb~a j~CoResource nservation Manitoba RCO I,qchg Cmd~ IWMC CJean Nova Scotia .~ Inuvik Recycling Society Waste Reduction Week in Canada Too 41re, September 10, 2003 Dear City Clerks/CAO's, The Recycling Council of Ontario along with its sister organizations from across Canada are proud to celebrate Waste Reduction Week (WRW) in Canada. This annual event is intended to educate the public about wasteful consumption. During October 20 - 26t", 2003 the theme "To Good To Waste" will be promoted throughout, schools, businesses and municipalities. The idea is to have participants learn and partake in WRW activities and events across the nation. The Recycling Council of Ontario is asking for each municipality to support our continual effort to educate the public about waste reduction The RCO is respectfully asking your council to declare the week of October 20 - 26th 2003 Waste Reduction Week in Canada. A proclamation from your council will significantly increase the profile of Waste Reduction Week. Please place this request on your next council meeting agenda. A sample proclamation is available for viewing on the web site; www.wrwcanada.conffresource01.html. All proclamations throughout Canada will be collected and listed on the Waste Reduction Week in Canada web site. Proclamations will be accepted by mail and as a facsimile. Please send to: Recycling Council of Ontario Attn: Paul Gill 51 Wolseley Street, 2nd Floor Toronto Ontario M5W lB2 OR Fax: 416-960-8053 If you have any questions, contact me at 416-657-2797 ext.3 or wrw~,reo.on.ca. Please visit the Waste Reduction Week in Canada web site at www.wrwcanada.com. Paul Gill National Project Coordinator Waste Reduction Week in Canada ..... ..... RCO Niagara Summer Game Shoe Dremn... Be Pm.merff June 30, 2003 Mayor Wayne Thomson City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Thomson: SUBJECT: TRACK AND FIELD EVENT - OAKES PARK, NIAGARA FALLS The Niagara Regional Police Service and the Niagara Region Police Association is proud to announce that Niagara has been awarded the 2005 Ontario Special Olympics Provincial Summer Games. We were pleased to see your willingness to participate in this upcoming event as indicated in your letter dated December 15, 2001. We would appreciate your support in hosting the Track and Field event. This will take place at Oakes Park, 5700 Morrison Street, Niagara Falls from Thursday, July 28, 2005 to Sunday, July 31, 2005 inclusive. The Ontario Special Olympics Provincial Summer Games will be host to over 800 athletes and 200 coaches and support staff. We are pleased that Brock University will be hosting the athletes and coaches. The other sporting events for the 2005 Games will include softball, soccer and rhythmic gynmastics. We are now looking for your partnership in making the 2005 Ontario Special Olympics Provincial Summer Games a success. This would be an excellent opportunity for the City of Niagara Falls to profile it's community, attractions and many new developments to the participants and spectators of this event. I would be pleased to answer any questions you may have and I look forward to hearing from you soon to discuss the details of this special event. Sincerely, Co-Chair 2005 Games Organizing Committee SEP 2 2 200 GAMES PARTNER SPONSORSHIP Niagara Summer Garnes $50,000 AND UP Niagara Summer Games Rights Right to use 2005 Ontario Special Olympics Logo On Site Exposure Acknowledgment at Opening Ceremonies Opportunity to present Medals Company Name at all venue sites Promotion Company Name on Games Literature Company Logo on Games Web Site Recognition in Souvenir Program Recognition in Souvenir Video Commemorative Plaque Income Tax Receipt ( If Applicable ) Thank You Certificate Hospitality 15 - Honoured Guest Passes to Receptions 15 - Honoured Guest Passes to Opening and Closing Ceremonies Open Invitation to Attend Ali Sports Venues 5 Lincoln Street West ® Welland, ON · L3C 5H9 Tel: 905-735-7811 x3335 · Fax: 905-714-1680 · E-maih 5138~nrps.on.ca PLATINUM SPONSORSHIP Niagara Summer Games $25,000 AND UP Ni~r~ Sum~r C-an'~s Rights Right to use 2005 Ontario Special Olympics Logo On Site Exposure Acknowledgment at Opening Ceremonies Opportunity to present Medals Company Name at all venue sites Promotion Company Name on Games Literature Company Logo on Games Web Site Recognition in Souvenir Program Recognition in Souvenir Video Commemorative Plaque Income Tax Receipt ( If Applicable ) Thank You Certificate Hospitality 12 - Honoured Guest Passes to Receptions 12 - Honoured Guest Passes to Opening and Closing Ceremonies Open Invitation to Attend All Sports Venues 5 Lincoln Street West · Welland, ON · L3C 5H9 Tel: 905-735-7811 x3335 · Fax: 905-714-1680 · E-maih 51380nrps.on.ca GOLD SPONSORSHIP Niagara Summer Games $10,000 UP TO $24,999 Ni~j,r, Surn'~Qm~s Rights Right to use 2005 Ontario Special Olympics Logo On Site Exposure Acknowledgment at Opening Ceremonies Opportunity to present Medals Company Name at all venue sites Promotion Company Name on Games Literature Company Logo on Games Web Site Recognition in Souvenir Program Recognition in Souvenir Video Commemorative Plaque Income Tax Receipt ( If Applicable ) Thank You Certificate Hospitality 10 - Honoured Guest Passes to Receptions 10 - Honoumd Guest Passes to Opening and Closing Ceremonies Open Invitation to Attend All Sports Venues 5 Lincoln Street West · Welland, ON · L3C 5H9 Tel: 905-735-7811x3335 · Fax: 905-714-1680 · E-mail: 5138~nrps. on.ca SILVER SPONSORSHIP Niagsr8 Summer Games $5,000 UP TO $9,999 Niagara Summer Garnes On Site Exposure Acknowledgment at Opening Ceremonies Opportunity to present Medals Company Name at all venue sites Promotion Company Name on Games Literature Company Logo on Games Web Site Recognition in Souvenir Program Recognition in Souvenir Video Commemorative Plaque Income Tax Receipt ( If Applicable ) Thank You Certificate Hospitality 8 - Honoured Guest Passes to Receptions 8 - Honoured Guest Passes to Opening and Closing Ceremonies Open Invitation to Attend All Sports Venues 5 Lincoln Street West · Welland, ON · L3C 5H9 Tel: 905-735-7811 x3335 · Fax: 905-714-1680 · E-maih 51380nrps.on.ca BRONZE SPONSORSHIP Summer Games $2,500 UP TO $4,999 Niagara Summer Game On Site Exposure Acknowledgment at Opening Ceremonies Opportunity to present Medals Company Name at all venue sites Promotion Company Name on Games Literature Company Logo on Games Web Site Recognition in Souvenir Program Recognition in Souvenir Video Commemorative Plaque Income Tax Receipt ( If Applicable ) Thank You Certificate Hospitality 6 - Honoured Guest Passes to Receptions 6 - Honoured Guest Passes to Opening and Closing Ceremonies Open Invitation to Attend All Sports Venues 5 Lincoln Street West · Welland, ON · L3C 5H9 Tel: 905-735-7811 x3335 · Fax: 905-714-1680 · E-mail: 51380nrps.on.ca FRIEND OF THE GAMES Niagara $1,000 Ni~jara Summer ~nr~ Sun~r~rr~s Promotion Recognition in Souvenir Program Income Tax Receipt ( If Applicable' Thank You Certificate Hospitality 3 - Honoured Guest Passes to Opening and Closing Ceremonies Open Invitation to Attend All Sports Venues 5 Lincoln Street West · We#and, ON · L3C 5H9 Tel: 905-735-7811 x3335 · Fax: 905-714-1680 · E-maih 51380nrps.on.ca ADOPT AN ATHLETE Niagara $500 Niagara Summer C~rnes Summer Games Promotion Recognition in Souvenir Program Income Tax Receipt ( If Applicable Thank You Certificate Hospitality 2 - Honoured Guest Passes to Opening and Closing Ceremonies Open Invitation to Attend All Sports Venues 5 Lincoln Street West · Welland, ON · L3C 5H9 Tel: 905-735-7811 x3335 · Fax: 905-714-1680 · E-maih 5138{~nrps.on.ca Summer Games 2005 Ontario Special Olympics Provincial Summer Games Niagara Sun'~ner Games Soccer, Softball, Track and Field Rhythmic Gymnastics Schedule of Events Thursday, July 29, 2005 Athletes and Coaches Arrive Athlete and Coach Registration and Accreditation Athlete and Coaches Welcome Dinner Opening Ceremonies, Brock University Friday, July 30, 2005 First Day of Competitions Athletes and Coaches Dinner Saturday, July 31, 2005 Second and Final Day of Competition Athlete's Banquet and Awards Ceremony Closing Ceremony Brock University. Sunday, August 1, 2005 Athletes and Coaches Depart 5 Uncoln Street West · Welland, ON · L3C 5H9 Tel: 905-735-7811 x3335 · Fax: 905-714-1680 · E-maih 51380nrps.on.ca I',li~9~m Surnr~r C~rfl~s Major Expenses Ceremonies $ 50,000 Transportation $125,000 Food $110,000 Accommodation $110,000 Administration $ 50,000 Other $ 55,000 Total $500,000 Niagara Summer C~mes 5 Lincoln Street West · Welland, ON · L3C 5H9 Tel: 905-735-7811 x3335 · Fax: 905-714-1680 · E-maih 51380nrps.on,ca P: TITION TO STOP NOISE HEARD ALL OVER NEIGHBOURHOOD COMING FROM Gl EAT LAKES MSR LUMBER LTD. 2625 STANLEY AVE. NIAGARA FALLS, ONT. L2E 6V5 ........ ~'~'~': ............ 7Z:;:k'::: ............. ~?~,3~'~;":~ ....... 2.~~ ..... _3, ~"~~'~F ~(:I ~-~,~ o _i3: ....... 15. ._~.a~a.~.~.~'~ 12. PETITION TO STOP NOISE HEARD ALL OVER NEIGHBOURHOOD COMING FROM GR~AT LAKE8 MSR LUM~ LTD, ZOZ5 $TANL~.Y AVE, NIAGARA FALLS, ONT. L2E 6v5 PE~ ITION TO STOP NOISE HEARD ALL OVER NEIGHBOURHOOD COMING FROM ~] ~T LAK~ M§R hU~I~F.I{ LTP, ZOZ~ 8TAHh~¥ AYe, NIAgArA FAbh~, O~T. L2E 6V5 Corporate Services Department Clerks Division Inter-Department Memorandum The C~y of N~agara Falls TO: Mayor Wayne Thomson & Members of Council DATE: September 22, 2003 FROM: Dean Iorfida City Clerk Ext. 4271 RE: ADDENDUM TO CD-2003-19 - Municipal Bingo Operations As Council is aware, a meeting took place Wednesday, September 17th at Monte Carlo Bingo. The purpose of the meeting was to unveil to the charitable organizations the proposed bingo market strategy necessitated by the closure of Bingo Country. I chaired the meeting with presentations by Angela Duerksen, the City's Lottery Licensing Coordinator and Carol Newman, Manager of Monte Carlo Bingo. 81 of the 86 organizations conducting bingos were in attendance. There was ample oppommity for questions and answers from the organizations. At the conclusion of the meeting, the following vote by ballot commenced: DO YOU ENDORSE THE PROPOSED NEW MARKET STRATEGY FOR BINGO IN NIAGARA FALLS? YES gl NO The results of the scrutinized vote were: 76 YES 5 NO Clerks Finance Working Together to Serve Our Community Human Resources · Information Systems Legal · Planning & Development 1'- 13-- Corporate Services Department Clerk's Division 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) 356-7404 diorfida@city, niagarafalls.on.ca CD-2003-'19 Dean Iorfida City Clerk September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Re: CD-2003-19 - Municipal Bingo Operations RECOMMENDATION: 1. That council approve the proposed bingo market strategy. 2. That Council approve the revised municipal bingo policy. 3. That Staff report to Council on the affect of these changes after a six month period. BACKGROUND: Since 1999, the City of Niagara Falls has witnessed a shrinking in the local bingo industry. The Golden Nugget on Lundy's Lane and the Royal Bingo on Magdalen Street both ceased their bingo operations in November of that year. Since that time the local bingo industry has been split between two operations: Niagara Falls Bingo Country, 4465 Drummond Rd. and Delta Monte Carlo, 4735 Drummond Rd. As a result of current market conditions, the bingo hall owners held a meeting, the result of which was a decision to close a bingo hall in Niagara Falls. It was decided that Bingo Country will close as of September 30, 2003. Similar to 1999, the City is faced with a downsizing of the bingo market while trying to not displace any charities that operate bingos. In 1999, the remaining two bingo halls, through the introduction of new time slots and expanded time slots, were able to acconunodate all the displaced organizations. Although it is Staff's intention to accommodate all displaced charities, it can not be accomplished through additional time slots at Monte Carlo Bingo (other than breakfast and 10:00 p.m. - see below). There is simply no time left in the day. Working Together to Serve Our Community Clerks Finance Human Resoumes · Information Systems Legal · Planning & Development - 2 - CD-2003-'19 As a result of Bingo Country's closure, there are 45 bingo organizations that will no longer have a hall to operate from. Staffis faced with a difficult challenge: how to accommodate all groups in a shrinking market. There are seventeen organizations operating at Bingo Country in the 9:00 a.m. breakfast bingo time slot and the 10:00 p.m. late night time slot, who with the exception of the Friday 10:00 p.m. late night time slot who can move their events to the Delta Monte Carlo. While some sessions can be moved to the new bingo hall, the 1:00 p.m. aiternoon bingo slot and the 7:00 p.m. evening bingos cannot be moved, as the Delta Monte Carlo already conducts these sessions. This results in, twenty- seven organizations conducting bingo at Bingo Country in these time slots, who will have some or all of their bingo events cancelled as of September 30, 2003. Of course, the question arises why should Monte Carlo Bingo have to accommodate Bingo Countw's charities? It is worth stressing, once again, that it could have just as easily had been Monte Carlo that closed. The respective owners of the two bingos came to a mutually acceptable decision in which Bingo Country is designated as the bingo to close its doors at the end of the month. Staffhas prepared a proposal that is a radical step for the future of bingo in Niagara Falls. The attached proposal is comprehensive and deals with a fair and equitable distribution of the remaining bingo events, a fair and equitable distribution of bingo proceeds and a new process for cash handling and American currency. These changes are deemed necessary to allow all 86 charities to continue to benefit from bingos. The report will explain the components of the new bingo program: allocation of events, pooling and cashless operations. A list of answers, to the most likely raised questions will, hopefully, shed further light and explanation on these issues. The detailed proposal is provided as an attachment. Allocation of bingo events. The two bingo halls in Niagara Falls were similar in a number of ways. They both have an almost identical number of organizations operating at their respective halls. The total profit made in Niagara Falls was split almost equally between both operations. No one hall was more successful then the other. With this in mind, Staff felt that the fairest and most equitable distribution of the remaining bingo events was to reduce the amount of bingos all organizations conduct to roughly the same degree. Various other methods were also investigated. One involved a reduction by 50% for all organizations operating 52 events, so no organization would have more than 26 events per calendar year. This method penalized only the organizations conducting 52 bingo events per calendar year, as there would be no reduction to groups with 26 or less events per year. It was determined that if all organizations reduced their bingo events by 25%-30%, that all organizations could be accommodated in the current market. There are 1820 bingo events per year and applying this method resulted in placing the organizations into 1798 of these events. There are currently 22 bingo events not allotted in this proposal. - 3 - CD-2003-19 Although all charities can be accommodated at Monte Carlo, clearly not all of the displaced groups fi.om Bingo Country will be able to retain the same day or time slot which they had at Bingo Country. As previously noted, Monte Carlo had competing 1:00 p.m., 7:00 p.m. and 10:00 p.m. sessions. The desire of charities to get certain time slots will no longer be as much of an issue with the implementation of pooling. Pooling Pooling of bingo funds is a practice whereby all municipal bingo events in the bingo hall are totaled and averaged together. Each event then has an identical profit amount and organizations receive shares based on the number of bingo events they conduct. Shares are distributed on a monthly basis and are done through an EFT, electronic funds transfer system. There is a concern among the charities who conduct their bingos at 7:00 p.m. that their time slot is the most lucrative. They believe that they will lose money through pooling. At one time, there was a large disparity between the 7:00 p.m. bingo events and the time slots. In actual fact, numbers for the first five months of 2003 show that this is no longer the case. Breakfast slots at Bingo Country were as lucrative as early evening slots. It is important to note that Niagara Falls is the only municipality in the Niagara Region without pooling. Because each organization shares in the proceed under pooling, there is more of an opportunity to raise the prize boards. Pooling will allow the organizations in Niagara Falls to more effectively compete with the other bingo halls in the Region (i.e. prizes in Niagara Falls will not be less than in other jurisdictions). Although the local charities and their bingo associations have been reluctant to endorse pooling in the past, the shrinking of the local bingo market necessitates such a move. Most would agree that the goal ofa municipai bingo policy should be to benefit as many charities as possible in a relatively equitable manner. By now allowing pooling all charities should receive bingo profits. Also, is it fair to maint~(m an inequitable system that has benefitted the charities that just happened to get into the bingo market first? It is impossible to predict what the profit levels will be in the future, however, with all bingo sessions as noncompeting sessions (no other bingo operating in Niagara Fails at the same time), it is anticipated that the profit levels can only improve. Indications are that where amalgamations have occurred, the benefits far outweigh any disadvantages. "Cashless" Bingo Ooerations At the present time, bingo groups are required to bring a cash float to each bingo event. The average float is $1000.00 Canadian and $1000.00 American. Clearly, this is a substantial amount of money for charities to be "carrying around". While not all organizations hold the maximum amount, some organizations are in excess of this amount. - 4 - CD-2003-19 A review of the bank statements for June or July of all organizations, indicate that an amount in excess of $300,000.00 American is currently tied up on these accounts. In addition, not all organizations deposit their bingo float after each bingo event, therefore, there is an amount of float money, possibly an additional $100.000.00, that is, in essence, sitting idle, not collecting interest or being put to good use. The current system also requires the writing of up to seven (7) cheques on the Canadian bingo account and four (4) cheques on the American account. There are a number of service charges applied to these organizations' bingo accounts by the banks. In addition, all charities are required to submit regular bingo reports. Much staff time is spent analyzing the 86 regular reports or tracking down the inevitable delinquent reports that occur on a regular basis. A "cashless" bingo operation would mean that each organization would get a bingo float from the hall upon their arrival. Before leaving the bingo hall at the end of each event the bingo float would be returned and all cash proceeds from the bingo event would be deposited into a safe on the premises. Simply, an organization arrives "cashless" and leaves "cashless", hence the name. All funds raised fi.om the bingo events are then to be deposited into the charity's bingo accounts. Obviously, this method would reduce the substantial amount of money currently being held for float purposes. With the cashless system, combined with pooling, the organizations would no longer be required to write cheques on their bingo account. The proceeds are electronically transferred (EFT) on a monthly basis. If a "cashless"system was introduced, Staff would recommend the closure of all American bank accounts and the transfer of these funds to the charity's Canadian account. The monies in the American account and the float money not in the bank at the present time, represent a substantial amount of money that can be freed up for use by these organizations. This money can be put to much better use than is currently happening. A major change to utilizing this system is with the reporting requirements. It is anticipated that all reporting will be done by the Sponsor Association, alleviating the need for organizations to submit bingo reports. Informally, many of the local groups have indicated they would welcome not having to go through the current reporting requirements. There is some concern that the cashless system may not be cost effective. There will be charges for this system such as costs for a safe and Brinks service, however, Staff believes the costs will be offset by the decrease in fees currently paid on Canadian and American bingo accounts by the 86 bingo organizations. It is of interest to note that the City of Toronto imposed this system as of January 1, 2003 for all the bingo halls in Toronto. - 5 - CD-2003-19 Questions & Answers: What caused this problem? Obviously, market conditions. There are a number of theories as to why the decline in the local bingo market ( competing gambling interests, rise of the Canadian dollar, external factors like 9-11, SARS, the hydro blackout etc.); however, it is no use theorizing. Niagara Falls is being reduced to one operator and staff has to come up with a program that will be equitable and fair to the community's charities. Are other municipalities experiencing this problem? Yes. As recently as 1998, there were 229 bingo halls in the province. Only 132 remain today. This is a nearly 40% reduction in a mere five years. Since May of this year, 11 halls have dosed including halls in Thorold, Hamilton and two in Toronto dosing. How was the decision to close Bingo Country made? Both operations made roughly equal profits. The owners of the respective halls met and decided that Bingo Countx7 would close. It could have just as easily have been Monte Carlo that closed. Are the groups at the Delta Monte Carlo being penalized because their hall wasn't the one to close? It is important here to note that as indicated earlier, neither hall was making substantially more money than the other. It was a business decision made jointly by the bingo hall owners. The decision had nothing to do with the organizations at the Delta Monte Carlo mnn'mg a more profitable bingo. This decision could have just as easily been decided differently. Wffi bingos continue to lose money ultimately affecting charities? Hopefully, a consolidation of bingo operations will mean reduced costs, less competition and more profit. It should be stressed, however, that charity groups should not be dependent on bingos as their sole source of fund-raising. Is time a critical factor? Time is extremely critical. In order to allow for a smooth transition, and to avoid any organization not conducting bingo for a period of time, approval of this proposal needs to occur immediately. Bingo Country will close on September 30, 2003 and all organizations will need to be moved to Delta Monte Carlo by October 1, 2003. Can this decision be deferred? If this item is deferred, a number of organizations would no longer operate bingo or access the revenue for an unspecified amount of time. - 6 - CD-2003-19 Is it possible to alter portions of the proposal and have it work? The only area where a change could occur would be regarding the "cashless" proposal. It could be removed but given the option, Staff would recommend this not be done. The closing of the American account, thereby fleeing up approximately $300,000 US and the elimination of service charges on these accounts, would provide the organizations a substantial amount of money to use in the community, by year end. Could the Bingo Associations come up with an events calendar? There simply is not the time to sit down with 86 organizations to hammer out a schedule which everyone finds satisfactory. Staff has no vested interest, therefore, is best suited to come up with an events calendar that accommodates displaced groups through the equitable decrease of events to all groups. Hasn't pooling been rejected in the past by the Bingo associations? Yes, but the local market has dramatically changed. Inevitably, those who oppose pooling are usually the groups that have made the most profits and have been conducting bingos the longest. Unfortunately, certain groups sense of ownership of their time slots and events becomes harder to justify with only one hall operating and 87 groups wanting to be accommodated. Can staff order pooling? Yes, with Council's approval, of course. Provincial Order in Council 2688/93 indicates that "a municipal council may attach terms and conditions to a licence issued by the municipal council." Wasn't there a proposal by one of the Bingo Associations to reduce municipal licence fees? Would this have helped keep Bingo Country open? Staffwas ready to come forward with a report on reduction to the municipal licence fee but were told to hold off by the halls, who were privately contemplating the closure of one location. Will the municipality "take a hit" because of the closure of Bingo Country? Yes, the municipality will lose 25% of the revenue it derives from the bingo program. This will translate into approximately $73,000. - 7 - CD-2003-19 CONCLUSION: The closure of Bingo Country requires Staffto take some far-reaching measures in a relatively short period of time. The proposed bingo market strategy attempts to accommodate all existing charities, equitably reduce the number of events, as a result of the hall closure, and implement some procedures that should help with the long term viability of the local bingo market. Although concepts such as pooling and a cashless system have been met with resistance, in the past, they are procedures that are widely used throughout the province. All halls in the Region, other than Niagara Falls, pool, as does Windsor, amongst other jurisdictions. Also, all licences for Provincial games require pooling. The implementation time, to accommodate the 45 displaced charities, is short. Bingo Country closes September 30th. By not approving the proposed bingo market strategy, a number of charities will be left without events for an indeterminate amount of time. Prepared by: A. Duerksen Lottery Licensing Coordinator Respectfully submitted: (~ John MacDonald Chief Administrative Officer Prepared and Recommended by: City Clerk Approved by: T. Ravenda Executive Director of Corporate Services Niagara ~°"~lJ~ Corporate Services Department Planning & Development 4310 Oueen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca PD-2003-82 Doug Darbyson Director September 22,2003 His Worship Mayor Wayne Thomson and Membem of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003~82, Proposed Regional Policy Amendment #183 "Places for People: Investing in Urban Communities" (Smart Growth) RECOMMENDATION: It is recommended that: 1) this report be forwarded to the Regional Planning Department for review and consideration; and 2) any further changes to Amendment #183 be forwarded to the City of Niagara Falls for review prior to passing of the proposed amendment. BACKGROUND: A copy of proposed Regional Policy Plan Amendment # 183, which proposes to incorporate objectives and policies into the Regional Policy Plan to implement a Smart Growth Planning vision, has been cimulated to the City for review and comment. Three public meetings have been held throughout the Region for public input one of which was attended by Planning staff. Comments made at the Public Meeting attended by Planning staff, presented primarily by the development community, were supportive of the Smart Growth principles but requested more flexibility within the proposed amendment. The purpose of this report is to analyze the proposed regional amendment from the local perspective of the City of Niagara Falls and note areas of the amendment which may need clarification or which may be contrary to existing local policies. These comments, along with input from other municipalities and the public, will be considered by the Region before final approval of an amendment. Purpose of the Amendment: Regional Amendment #183 incorporates specific Objectives and Policies into the Regional Niagara Policy Plan with the purpose of implementing Smart Growth planning principles. }Forking Together to Serve Our Community Clerks Finance · Human Resources Information Systems Legal Planning & Development September 22, 2003 - 2 - PD-2003-82 The amendment specifically proposes to deal with the following main elements: · to focus investment back into our communities; · to save our agricultural land and green spaces; · to build better communities; and to offer more choice to where we work, live or play. What Is Smart Growth? The Regional version of Smart Growth is referred to as "Smarter Niagara". Smarter Niagara provides a framework intended to implement the principles of Smart Growth through Regional policy with regard to such topics as: revitalization, brownfields redevelopment, mixing land uses, providing housing variety, achieving transit-friendly densities, integrating environmental areas and fostering attractive, walkable neighbourhoods. Also, a part of this framework is the introduction of financial incentive programs such as the waiver/exemption of Regional Development Charges to assist in community renewal, and a package of financial tools focusing on brownfield redevelopments. A report discussing these incentives was forwarded to Council earlier this year. Other financial incentives are currently being considered at the Regional level and information will be forwarded to the local municipalities in the future. Details of the Amendment: In order to achieve the desired goals and objectives of the Smarter Niagara vision, Amendment #183 introduces new policies or enfomes existing policies within the Regional Policy Plan. Generally, these policies can be categorized under the following: Nodes & corridors: identifying areas in the municipality where higher densityis appropriate and where mixed uses are desirable. Abandoned or underutilized areas: encouraging the redevelopment ofproperfies previously containing industries (brownfields) or properties that have not been developed to their full potential. Mixed use developments: encouraging combinations of uses such as residential uses above commercial sites; permitting home-based business or offices throughout neighbourhoods; and integrating affordable housing into new neighbourhoods. Pedestrian and transit supportive developments: promoting compact urban form which encourages cycling, walking and the use of transit. Urban design: to create attractive and inviting places through streetscape, the preservation and restoration of existing buildings, and the protection and enhancement of viewscapes. Efficient use of existing urban land: encouraging infill, better site design, the ability to work where you live Planning Comments: Planning staff has reviewed the proposed new policies and offers the following comments from a local perspective. The objectives and intent of Smarter Niagara are fully supported by Planning staff. In fact, many of the principles of Smart Growth are already incorporated in Niagara Fall's Official Plan including the provision for mixed housing types, increased densities where commercial development and transit lines exist and the protection of natural heritage areas. September 22, 2003 - 3 - PD-2003-82 Nevertheless, there are some general and specific comments Planning staff would like to offer regarding the wording of the policies contained in proposed Amendment #183. General Comments: Flexibility Several of the proposed policies contain the word "shall". In certain circumstances this prescriptive language may compromise the municipality's ability to analyze a site specific development within the context of surrounding land uses or character. It is possible that some developments may not be able to proceed without an amendment to the local or Regional Plan. Some policies which may benefit from a more liberal approach would be the density policies, approvals for extensions of subdivisions; and the extent and location of affordable housing. Definitions Although the general intent of the policies is contained in the proposed amendment there are certain words or phrases which should be accompanied by definitions. With a definition there will be a consistent interpretation of the policies across all municipalities and a basis upon which to compare these policies with the local Official Plan. Definitions that would be of assistance would be: nodes and corridors, neighbourhood plans, gross density, affordable housing, and home-based businesses. Specific Comments A review of the proposed policies by staffwith regard to the implementation of the objectives at a local level follows. Neighbourhood Plans Regional Amendment #183 makes reference to "neighbourhood plans" as a method of ensuring the efficient use of existing urban land implementing Smarter Niagara principles. Unfommately, as mentioned above, the definition ofa "neighbourhood plan" is not provided. The proposed policies related to neighbourhood plans require that the plan be made part of the local Official Plan and that a list of prescribed elements be included. These elements include the multiple use of buildings, mixing of land use, the preservation of historical features and a minimum overall residential density of 8 units/gross acre (19 units/gross hectare). The Niagara Falls Official Plan currently allows Council the option to require a secondary plan for an area or a neighbourhood plan for smaller areas. The option allows the Municipality to consider these plans as guideline documents allowing for a level of flexibility at the development stage. The elements listed for inclusion in the neighbourhood plan provide a good reference list for the consideration ofa neighbourhood plan but may become too restrictive if listed as requirements. A balance between the objectives of the neighbourhood plan and recognition of the existing character and development of a neighbourhood needs to be achieved. The nco-traditional building form proposed through the amendment may not be appropriate for some neighbourhoods or supportable from a housing market perspective in all cases. September 22, 2003 - 4 - PD-2003-82 Nodes & Corridors It is intended through Amendment #183 that nodes and corridors are to contain higher densities, with medium density development in surrounding areas. The proposed amendments do not define what is meant by a node or corridor although it does offer "downtown areas" as an example. A minimum gross density of 16 units per acre (39 units per hectare) is a requirement for nodes and corridors within the proposed policies. Planning staff agrees with the concept of identifying areas where attention should be directed for infill and redevelopments. The General Policies of the Niagara Falls Official Plan already makes reference to and provides some policy for specific areas within the Municipality such as the tourist district or the Lundy's Lane Satellite District and encourages increased densities in areas supported by commercial district, arterial and collector roads and public transit. It is suggested however that providing a density guideline rather than a minimum requirement would better allow the local municipality to evaluate developments on a site specific basis to ensure that the new development will be integrated with and reflect the existing local community character. Additional information on how the requirement of 16 units/gross acre was decided upon would be of assistance during the preliminary review stage of a development. Within the nodes and corridors policy, reference is made to the use of"contextually appropriate as-of- right zoning". Clarification of this term would also be helpful. Affordable Housing The Smarter Niagara policies encourage a mix of housing units and the provision of affordable housing. The proposed policies require that a minimum of 25% of all new housing units created within each neighbourhood shall be affordable and that development applications should include information on how this will be met. Clarification of thc affordable housing requirement is requested by Planning staff. It would be helpful if the Regional amendment could include wording to clarify the following: how is affordable housing defined and who is responsible for the calculation of the figure and keeping track of the numbers both before and after construction? would it be the responsibility of the developer of the last potential development site to ensure that the overall level of affordable housing as been achieved? will affordable housing be required regardless of the type of existing development in the area and regardless of the current housing market? will an amendment to the Regional Policy Plan be required should the neighbourhood not be able to achieve, for whatever reason, the minimum percentage of affordable housing? will development be delayed if a neighbourhood plan has not been completed? Densities The proposed regional amendments specify minimum residential densities in two areas: 8 units/gross acre in neighbourhood plans and 16 units/acres in nodes and corridors. The definition of "gross density" is requested for clarification and the subsequent consistent application of the term. September 22, 2003 - 5 - PD-2003-82 Although not generally out of line with the density objectives of the City's Official Plan, the requirement of a minimum density rather than a density guideline may create situations where an amendment to the Regional Plan may be required where a reduced density is deemed to be most appropriate. Plan of Subdivision Extension Approvals Amendment #183 encourages the review of draft approved plans of subdivision in context of the Smarter Niagara policies. Staff interpretation of the current wording of the policy is that all draft approved plans of subdivision would not be granted extensions unless they conform to the new revised policies. It is suggested that this policy be rewritten to recognize those active plans of subdivision that were designed and considered for long term phasing of development. CONCLUSION: The aim of Regional Policy Plan Amendment #183 to "utilize, reinvest and improve our existing communities, save our natural areas and provide more choice in where we work, live, shop and play" is fully supported by Planning staff. The City's Official Plan already contains policies which strive to achieve the same goals and will be updated through an Official Plan update. However, Planning staff does have concerns with the prescriptive nature of the wording of Amendment #183. Modifications to the wording and clarification of intent, as outlined in this report, are needed to provide a more flexible, workable framework for the implementation of Smart Growth principles at the local level. Prepared by: Dave Heyworth Manager Policy Planning Respectfully submitted: lf~ John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services FB:pb SSPDR~2003~PD2003-82, Reg Policy Amend 183.wpd Community Services Department Th- '"~' "~ ~a, , Parks, Recreation & Culture ,,rd Lily U/ · _ ~'l~I',___~ 4310 Queen Street rqiogoro I-ollsyj~.~ P.O. Box 1023 Cor~od~~~' Niagara Falls, ON L2E 6X5 ~m~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca R-2003-60 Adele Kon Director September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re', R-2003-60 Action Stemming From Trails & Bikeway Committee - Meeting of September 4, 2003 RECOMMENDATION: That City Council receive and file this report outlining the items dealt with by the Trails & Bikeway Committee at their meeting held September 4, 2003. BACKGROUND: The Trails & Bikeway Committee discussed a number of items at their meeting held September 4, 2003, and they are highlighted as follows: a) Dorchester Road/Morrison Street Environmental Assessment The Trails & Bikeway Committee was made aware that the City's consultant's were proposing a 3- metre wide multi-use pathway along Dorchester Road as opposed to bike lanes which had been requested. The rationale for the proposed multi-use pathway was that the majority of public comments received opposed bike lanes. The Trails & Bikeway Committee noted that the Trails & Bikeway Master Plan illustrates Dorchester Road as a Priority On-Road Commuting Loop. Based upon the above and the fact that Dorchester Road represents a major north-south corridor through the middle of the City, as well as a link to future phases of the Millennium Trail, the Committee supports 1.5 metre bike lanes as opposed to a multi-use path. The Committee also requested to be notified when this matter comes before Council so that they can voice their concerns. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Buainess Development · Building & By-Law Services September 22, 2003 - 2 - R-2003-60 b) Proposed Industrial Storage Adjacent to the Millennium Trail The Committee was apprized of the most recent development which involves the removal of trees and placement of large caliper trees along the Millennium Trail. The Committee recognizes the importance of a buffer between the future industrial development and the trail, but still would urge the developer to alter his plans and try to save trees along the boundary adjacent to the Millennium Trail. c) Hydro Corridor Review The City is presently in the early stages of a two-year review of Hydro Corridors. With the assistance of a summer student, the Parks, Recreation & Culture has completed a review of those corridors desired for possible recreational trail use. The Committee supported the review and results will be forwarded to the City's Planning Department who are coordinating all City Department comments. d) Cycling on Sidewalk Along River Road The Committee was made aware of concerns resulting from cyclists traveling along the easterly sidewalk along River Road. The sidewalk is narrow and cyclists who use the route often conflict with pedestrians who are walking. Some of the suggested solutions include posting "share the road" signs and/or placing bike lanes along River Road. It was recommended that this item be presented to the City's Parking & Traffic Division for comment. e) Mitchell Line It was noted that the Mitchell Line Corridor which travels from Clare Crescent to Ailanthus Avenue will likely be declared surplus by Hydro One in the near future. The Committee will be hosting Public Open Houses for area residents to view the corridor and trail plans on November 26 and 27, 2003 at the Niagara Falls Public Library. Respectfully submitted: BB/das Clyde Carmthers, Chair Trails & Bikeway Committee S:\Council\Counci12003kR-2003-60 - Actions of Trails & Bikeway Committee.wpd Community Services Department ~.~ Parks, Recreation & Culture The City Of FOiiSa=~4310~ Queen Street Niogoro P.O. Box 1023 C(3r~~~ Niagara Fails, ON L2E 6X5 .~11~~¢ T-- web site: www.city, niagarafalls,on,ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca R-2003-61 Adele Kon Director September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2003-61 - Niagara Falls Multicultural Festival RECOMMENDATION: It is recommended that Council support the Niagara Falls Multicultural Festival scheduled for September 4, 5 and 6, 2004. BACKGROUND: Mr. Ken Ling of the Niagara Falls Multicultural Festival provided a presentation at a City Council meeting on July 14~ 2003, regarding a proposed multicultural Mardi Gras type festival for Niagara Falls to be held in conjunction with the City's 100~ Anniversary celebration. City Council referred the matter to Staff and the Civic Committee. The Civic Committee and staffmet with Mr. Ling on September 4, 2003. Mr. Ling proposed a 3- day event over the Labour Day long weekend at Optimist Park including a 3.3 km colourful costumed parade on Labour Day fi~om Oakes Park to Optimist Park. While the focus of the festival celebration is Caribbean, its ultimate purpose is to bring people of all ethnic heritages together through the sharing of cultures. High quality multicultural performing artists will be featured throughout the weekend, both at the Carnival site and throughout the parade route. The festival will host a diverse array of artists, entertainers, and provide an international food court. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services September 22, 2003 - 2 - R-2003-61 Mr. Ling has requested the following services in kind from the City of Niagara Falls: road closure for the parade; · park rental fees; · park restoration and portable washroom rentals. Staff estimates the cost at approximately $8,000.00. Staff has contacted Ms. Maria Wome from the City of Hamilton where Mr. Ling has hosted the Annual Hamilton Mardi Gras Carnival at Bay Front Park. She stated that the event was very well organized, attracted numerous visitors and very beneficial to the City of Hamilton. The festival will provide our community and visitors it brings with the opportunity to share in a rich and cultural experience, fun-filled and exciting event. Council's endorsement of the above noted recommendation is greatly appreciated. Respectfully stll~mit/t,ed: /2 Chair, (~ic Committee VS/das S:\Council\Counci12003~R.-2003-61 - Niagara Falls Multicultural Festival.wpd Community Services Department The of~'~'~14 Perks, Recreation & Culture ..... ,.--, 4310 Queen Street I~mgara I-ails yj ~ P.O. Box 1023 ~.~,,~,~,-I'-,~T,~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca R-R-2003-63 Adele Kon Director September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2003-63 Heritage Community Recognition Program RECOMMENDATION: That Council approve the nomination selected by the Arts and Culture Commission for the Heritage Community Recognition Program and that the nomination be forwarded to the Ontario Heritage Foundation. BACKGROUND: The Heritage Community Recognition Program is in its eighth year and its purpose is to provide an opportunity for municipalities to recognize individuals who have made a significant contribution to local heritage preservation. The program provides four categories for recognition - built, cultural, natural, and heritage garden conservation. The specific guidelines are attached. Nomination forms were sent to all our heritage groups and a "Call for Nominations" was also placed in the Niagara Falls Review. Nominations were reviewed by Members of the Arts and Culture Commission and they are requesting that Council support their nomination of the Village of Chippawa Citizens Committee under the Cultural category. Director of Parks, Recreation & Culture Respectfully submitted: John MacDonald Chief Administrative Officer AK/das Attachment S:\Council\Council 2003\R-2003-63 Heritage Community Recognition Prog.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services WHAT I$ HERITAGE? Heritage is everything we have indented, that we value and Msh to preserve for 6Jmre gmeratiom. It ts a living legacy d~at hdps us to understand our pazt, provides context for the present and imquences the future. Heritage consermtlon in Ontario is driven by the p~sonal comm/tmmt of indlvidml~. The Ont .a~... o .H. mtage .Found~tinn's .annual Hmtage Cormnunky Recognition Program enables mtm/cipai and regqonal counc/~, Fast Nanons and M~ffs commumt~es to rec°gn~e individuals who have made significant conttibutiom to heritage preservation tn their commun/ties. Any resident of Ontari~ ~. the age of I8, who has made outstanding contributions to their local commmmty in the area of built, cultural or natural heritage preservation or berimge grmt den conservanon is eligible for nommatior~ Heritage amv~ties mint have bern provided without payment. Duties performed during the norrn~ course of decmd, profe~ional or business w~rk are not eligs~ole for recognition_ Posthumous nomlnation~ are not e~gible for recognition. Small project groups may ~lso be considered for nomination ~here the effort is shared. For example - a small steering or nd-hoc committee tmpons~[e for a spec/al project · co-authors of a local Imtory publication · partners who have restored a heritage home The entire membership of ma ~on - for example, Municipal Heritage Committee (formerly Local Architectural Conservation Advimty Conmtittee), h/stor/cal society or the board of a conservauon authority - is not eligible. l WHAT TYFE$ OF ACTIVITIES OUALIFY FOR NOMINATION! BuHc - leadership in the restoration and preservation of heritage stmctmm, for ex~mpie, buildings md bridge~ · long standing voluntary serglce as a membe~ of a Mtm{cipal Heritage Committee (formedy Loc~ Archite~ural Conservamon Advisory Committee) or other orgamlzation dedicated to preserving bontage strucm~s · ~igni~cant I~ndr~ing to support thc reztoration of a hi~torlc structure C~Imrah · longssrandmg voltmteer service to a h~torical society, museum or historic site · re~azth or wri~ng rdated to local history · voluntary tending of local Nstory or traditions · pt~soml collectlor~ of local ar tifact~ hedtage photographs or memorabilia that are shared with t~e corozntmlty · volunteer participation tn activitie~ or eve~ts that protect, preserve or promote First Nations, M&IS or Franco-Ontariam heritage Natural: · significant volunteer work at a conservation authority or ~ea ' · out~tauding con~butions as a volunteer board mm~ber of a local mutural lieritage o~gamzation · demor~nated leadership m the protection of natural herm~ge, for example~ endangered sp~cir~ h~itat~, rare Carolinian forests, ~wdands, watercourses md tall gross pmries · mgn~cant natm'al heritage conserv~ion acfivinez by private landowners Heritage Garden Conservation: · handa-on volunteer work in pre~ervm~ restoring or re-cmat~g a heritage garden based on historical research · slge~cant flmdm~ing to support the ~tinn~ reztoration or m-creation of a heritage garden - re, earth or wtiting related to hetita~e gardenz ~ HOW ARE NOMINATIONS SUBMITTED? Nominations nmst be endo.ed by the Chair, Mayor, Reeve, Warden, Otief or Council President (or delegar0 of a mtimdpa] council, regional councqL First Nations council or Miffs community council. A Council may mbmit a n~aximum of one nomination in each of the four categories. Staff and voltmteers of conmmmty and heritage organmations axe ideally suited to idenmCy mdividuats who are making exceptioml contributions to h~itage preserva%n in their local are~ The Foundation encout ages these orgsnmafiom to contact thek hiol Council with proposed nommanor~ Endorsed nominatlon~ must be mbmirted on the form provided. A detailed de~criptmn of the nominee and his/her achieymments rnmt be included. Additional material (publications, media stories, photographs) mppor ting the nomination may be prm/ded. Please limit the milditiomd materlml to kerns that Mll provide n~ mformation md insight into the nature of the nonfinee's conttibutiom. Please do not send originals of important or official doamaents, as they will not be retrained. The Foundation will noti~ the Coundl of the status of the nomlimtiom by mail and will provide cerffsqcates and achievement pins for the recipients. It is the re~Tons/bility of the Council to frame the cert~cates. The Foundation send out letters of congratulations ro the redpients a~er the Councils have been notified. Councds m~t notify the Foundation when and where dick presentations will take place, for example, at a council meenng, volunteer recogmtion presmtafion to the recipient(s). Completed nomination packages must be mbmitted no hter than Tuesday. September 30. 2003. If you are subrmttlng more than one nomlnadon, please photocopy the original blank form~ Please send completed forms and sapporr material to: ontario Heritage Fotmdation M5C Web site: www. hexlmgefdn.ou.ca Aussi disponible en frangais VILLAGE OF CHIPPAWA CITIZEN'S COMMITTEE Contact: Darlene Willick 8420 Lamont Ave Niagara Falls Ontario L2G 6V8 905-295-4921 Established in 1992 Purpose: For the preservation of history and the promotion of historical and social aspects of the Village of Chippawa and surrounding area. PLAQUES: 1992- 150th Anniversary of the Chippawa Town Hall Building. 1996 - Laura Secord Home Willoughby Manor 1997 - Baltimore House King George V Public School 1998 - Ray Corry Bond Home 2000 - Chippawa Presbyterian Church 2002 - Macklem Family NAME CHANGE: Instrumental in the name change of the Niagara South Arena to the Chippawa-Willoughby Memorial Arena. ADOPT-A-STREET: Clean Main and Welland St. three times a year. 2000 SESQUICENTENNIAL CELEBRATION: PARADE: Organized a 50 Unit Sesquicentennial Parade for the former Village of Chippawa with TV coverage and Municipal and Provincial Government dignitaries. Celebration of the 150~ Sesquicentennial of the Village was held at Chippawa-Willoughby Arena with vendors, organizations, civic groups, historical displays, contests, activities for children and music and entertainment for everyone. HISTORICAL DISPLAYS: Heritage Week at Niagara Square Willoughby Historical Museum Local Lion and Lioness community functions Peterson's Community Workshop Open House Canada Day at Optimist Park Wrote and published a Sesquicentennial History Book on the Village of Chippawa PAINT-A-POST: WALKING TOURS: SELF-GUIDED . WALKING TqUR: CONCERTSIN CUMMINGTON SQUARE: Painted street sign posts and guard rails for the City of Niagara Falls in the Village of Chippawa The group hosts walking tours of the Village each year guided by local Historians. Prepared Pamphlets of local historical sites and buildings in a self guided walking tour format. Distributed to local businesses and Motels. We present music concerts in Cummington Square each Sunday in July and August. with much popularity and an ever increasing attendance. CANDLES AND CAROLING: DONATIONS: We organize an evening of entertainment along with a Live Nativity Scene, local school choirs and the Chippawa Fire Department bringing Santa. With candles and refreshments. Donations collected are given to local food banks. The Committee has donated funds to various local families in need through fire, illness etc. Donations have been made to the local Volunteer Fire Department, Chippawa Legion Remembrance Day Wreath and various Community groups. FUND RAISERS: ADOPT-A-TREE: HISTORICAL INFORMATION: The members collect aluminum and metals, as a recycling project throughout the year. Raffles are held, Chippawa Key chains and Lapel Pins are sold 150~ Sesquicentennial Ornaments (designed with the Chippawa Crest) are sold. BBQ's. Have organized and hosted an Adopt-a-Tree Program in two local parks. The program consists of park benches and the planting of trees and shrubs. Committee has provided historical information to local school children, and provided family information to people doing genealogy SCRAP BOOK: Maintain a scrap book of all the groups activities as an ongoing record of group events VILLAGE OF CHIPPAWA CITIZEN'S COMMITTEE MEMBERSHIP TELEPHONE LIST 2002-2003 Albon, Jim 3095 Ussher Street Niagara Falls, Ontario L2G 6M3 905-295-4060 Anslow, Vern 3876 Bridgewater Street Niagara Falls, Ontario L2G 6H5 905-295-4201 Barfield, Bill 7721 Thomas Street Niagara Falls, Ontario L2G 6T3 9O5-295-6077 Ede, Carol & Don 3711 Gunning Drive Niagara Falls, Ontario L2G 6M4 905-295-4647 Manley, Bill #42-8055 McLeod Road Niagara Falls, Ontario L2H 5Y6 905-371-1297 McGarry, Marion 8056 Kensington Court Niagara Falls, Ontario L3H 2S1 905-354-6224 Willick, Darlene 8420 Lamont Street Niagara Falls, Ontario L2G 6V8 905-295-4921 lhe City of Ni~gom Follsll Con ff Community Services Department Municipal Works 4310 Oueen Street P.O. Box 1023 Niagara Falls, ON L2.E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 edujlovi @ city.niagarafalls.on.ca Ed Dujlovlc Director September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re~ MW-2003-174 Municipal Parking & Traffic Committee Recommendations - September 16, 2003 Meeting RECOMMENDATIONS: 1) MV¢-2003-47 - Review of Extending Paid Parking Hours ia the Downtown It is recommended that the report be received for the information of the Committee. 2) MW-2003-102 - Queen Street - Operations Review It is recommended that the first metered parking space on the south side of Queen Street immediately to the west of Ontario Ave be removed and a portable chicane be installed. 3) MW-2003-148 - Ascot Circle Operations Review It is recommended that: 1. parking be restricted at all times on the north side of Ascot Circle from a point 45m west of Sabine Drive (east intersection) and a point 125m west of Sabine Drive (east intersection) to include only the homes on the bend; and, 2. a stop sign be installed facing southbound motorists on Sabine Drive at Ascot Circle (east intersection); and, 3. a stop sign be installed facing southbound motorists on Sabine Drive at Ascot Circle (west intersection). WorMng Together to Serve Our Community Municipal Works *Fire Services ~=arks, Recreation & Culture ,Bus/ness Development .Building & By. Law Services September 22, 2003 - 2 - 4) MW-2003-151 - Culp Street - Heavy Vehicle Restriction It is recommended that: 1. MW-2003-174 heavy vehicles, including buses, be prohibited on Culp SWeet between Franklin Avenue and Drummond Road; and, the signs be augmented with "up to $5,000 fine" tabs. MW-2003-163 = Forsythe Street - Heavy Vehicle Restriction It is recommended that: 1. heavy vehicles, including b~ses, be prohibited on Forsythe Street between Stanley Avenue and Magdalen Street; and, 2. the signs be augmented with ''up to $5,000 fine" tabs. MW-2003-162 - Victoria Avenue at Simcoe Street = Removal of Traffic Control Signals It is recommended that: 1. the traffic signals at the intersection of Victoria Avenue at Simcoe Street are not removed; and, 2. funding to upgrade the signals be included in the 2004 budget. MW-2003-126 - Cherryhffi Drive at Cherrygrove Road - Intersection Control Review It is recommended that a stop sign not be installed facing eastbound motorists on Cherryhill Drive at Cherrygrove Road. MW-2003-122 - High Street Operations Review It is recommended that: a stop sign be installed facing eastbound motorists on High Street at Leonard Avenue; and, permit parking control between the hours of 8:00 a.m. and 4:00 p.m. be implemented on the north side of High Street from a point 24 metres west of Leonard Avenue to a point 20 metres east of Highland Avenue; and, September 22, 2003 10) 11) - 3 - MW-2003-174 3. motorists be authorized to parked on the grass boulevards on both sides of High Street within the parking permit area. MW-2003-121 - All-Way Stops Review - City Wide It is recommended that the report be referred to the incoming committee for thek review and action. MW-2003-142 - Designated Parking Spaces for Seniors It is recommended that parking spaces for Seniors are not designated within parking lots. MW-2003-160 - On-Street Pay & Display Machines - 5-year Implementation Plan It is recommended that report be deferred to the October 21, Parking & Traffic Committee meeting following staffmeeting with business areas. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of September 16, 2003, considered the matters noted and formulated the recommendations above. It should be noted that in recommendation # 3 of item # 8, that staff ldentified that motorists parMng on boulevards are contravening Parking & Traffic By-law 89-2000 and are subject to parking ticket& City Council's concurrence with the recommendations outlined in this report would be appreciated. M. Canick Respectfully submitted by: Aldemian Kim Craitor, Chairperson, Municipal Parking & Traffic Committee lhe City of N,o o,'o 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-maik kburden@city.niagarafa~ls.on.ca F-2003-41 Kenneth E. Burden Director of Finance September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2003-41 - Municipal Performance Measurement Program RECOMMENDATION: For the information of City Council and that the information be posted to the City's intemet site no later than September 30, 2003. BACKGROUND: For the reporting year of 2000, all municipalities were required to provide the Ministry of Municipal Affairs and Housing with information on the efficiency and effectiveness of service delivery in the following nine core municipal service areas: solid waste, water, wastewater, transportation, fire, police, local government, land use planning, and social services. The Municipal Performance Measurement Program (MPMP) initially consisted of 35 broad-level efficiency and effectiveness performance measures. Municipalities submitted their performance measurement data through the Ministry's Financial Information Return. Municipalities were also required to report to their taxpayers on 16 of the 35 measures by September 30, 2001. The City of Niagara Falls provided this information on its website. For the year ending December 31, 2002, municipalities will collect data on several measures across nine service areas according to their service responsibility. Over time, it is anticipated that this program will permit year-over-year tracking of overall service improvements. However, until such time as the mandated measures have been the same for two or more consecutive fiscal years, the tracking may not be possible. Given that these measures do not account for varying municipal service levels and several other factors that can affect results, comparison of these results across municipalities is also of limited value and potentially misleading. Clerk's Working Together to Serve Our Community Finance · Human Resources Information Systems Legal Planning & Development September 22, 2003 - 2 - F-2003-41 REPORT Performance Indicators For the year ending December 31, 2002, the City of Niagara Falls is required to measure its performance in the following municipal service areas and report the results to the City's taxpayers. General Government 1. Operating costs for general government as a percentage o£total municipal operating costs. Fire 2. Operating costs for fire services per $1,000 of assessment. Roadways 3. Operating costs for paved (hard top) roads per lane kilometer. 4. Operating costs for unpaved (loose top) roads per lane kilometer. 5. Operating costs for winter control maintenance of roadways per lane kilometer. Pementage of paved lane kilometers that met or exceeded municipal road maintenance standards; this information is not available, pending the implementation of the pavement management system. 6. Percentage of winter event responses that met or exceeded municipal road maintenance standards. Transit 7. 8. Operating costs for conventional transit per regular service passenger trip. Number of conventional transit passenger trips per person in the service area in a year. Wastewater (Sanitary Sewage) 9. Operating costs for collection of wastewater per kilometer of wastewater main. 10. Number ofwastewater main backups per 100 kilometers ofwastewater main in a year. Storm Water 11. Operating costs for urban storm water management per kilometer of drainage system. 12. Operating costs for rural storm water management per kilometer of drainage system. Water 13. 14. Operating costs for distribution of drinking quality water per kilometer of water main. Number of breaks in water mains per 100 kilometers of water main pipe in a year. Land Use Planning 15. Percentage of new lots, blocks and/or units with final approval which are located within settlement areas and the number of new lots, blocks and/or units. 16. Percentage of land designated for agricultural purposes which was preserved during the reporting year and the number of hectares of land originally designated for agricultural purposes which was re-designated for other uses. 17. Percentage of land designated for agricultural purposes which was preserved relative to the base year and the number of hectares of land originally designated for agricultural purposes which was re-designated for other uses. September 22, 2003 - 3 - F-2003-41 18. Number of hectares redesignated from agricultural purposes to other uses during the reporting year. 19. Number of hectares redesignated from agricultural purposes to other uses since January 1, 2000. Reporting Requirements In addition to reporting financial and performance data to the Province in the annual Financial Information Return, municipalities are also required to publish for the taxpayers of the municipality, the results of each of the performance indicators. Results for the year ended December 31, 2002 must be published by September 30, 2003. The publication must at a minimum include the name of the measure, the year to which it relates, and the result. A number of publication methods are available to municipalities including direct mailing, property tax bill insert, notices in newspapers, and posting on the internet. As was approved last year, staffis again recommending the posting of this report on the City's website. Performance Results Identified as Appendix (A) are the results of the City's year 2002 Municipal Performance Measurement Program. As required in the publication of the results, each measure includes the name of the measure, the year in which the measure relates and the result of the measure. Also provided, where necessary, are explanatory comments. These comments better explain the measure and corresponding result. It is imperative, however, that where comments are provided, the reader be mindful that these comments form an integral part of the performance measure information. Over time, it is anticipated that this program will permit year-over-year tracking of overall service improvements. However, until such time as the mandated measures have been the same for two or more consecutive fiscal years, the tracking may not be possible. Given that these measures do not account for varying municipal service levels and several other factors that can affect results, comparison of these results across municipalities is also of limited value and potentially misleading. Recommended by: K. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: ~3~ John MacDonald Chief Administrative Officer September 22, 2003 - 4 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for general government as a percent of total municipal operating costs Year 2002 I Result 2.23% Comments: Operating costs for 2002 were $1,731,043 Services include: - Council - Mayor's Office - Chief Administrative Officer - Executive Corporate Services - Executive Community Services September 22, 2003 - 5 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for fire services per $1,000 of assessment Year 2002 Result $1.93 Per $1,000 of assessment Comments: Operating costs for 2002 fire services were $10,273,277 and include: - volunteer and professional fire fighting force - r~pair and replacement of fleet equipment - allocation of program support 2 September 22, 2003 - 6 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for paved (hard top) roads per lane kilometer Year 2002 Result $10,732.98 per lane kilometer 3 Comments: There are 833 lane kilometers of paved (hard top) roads. Operating costs for 2002 were $8,940,571 and include: - regular maintenance and asphalt repair - regular maintenance and sidewalk repair - regular maintenance and repair of bridging, culvert and ditching - allocation of program support September 22, 2003 - 7 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for unpaved (loose top) roads per lane kilometer Year 2002 Result $9,634.32 per lane kilometer 4 Comments: There are 141 lane kilometers of unpaved (loose top) roads. Operating costs for 2002 were $1,358,439 and include: ~ regular maintenance and loosetop repair - regular maintenance and repair of bridging, culvert and ditching - allocation of program support September 22, 2003 - 8 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for winter control maintenance of roadways per lane kilometer Year 2002 Result $1,605.25 per lane kilometer 5 Comments: There are 974 lane kilometers of roadway. Operating costs for 2002 winter control maintenance were $1,563,515 and include: - regular maintenance and incident plowing - regular maintenance and incident sanding - regular maintenance and incident salting - regular maintenance and incident sidewalk clearing - allocation of program support The City's standard begins salting and sanding operations as soon as snow accumulates on the road surface. Snow plowing operations begin as soon as snow accumulations reaches 8 cm. September 22, 2003 - 9 - F-2003-41 City of Niagara Falls 2002 Performance Measures Percentage of winter-events responses that meet or exceed municipal road maintenance standards Year2002 Resu~ 100 % Comments: During 2002, the City forces provided regular salting/sanding operations and 5 incident snow plowing operations. Factors contributing to the results for this measure include the following: - the frequency and severity of winter storm events - the City does not maintain records for this performance measurement. The figure is based on staff's perceived response success. September 22, 2003 - 10 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for conventionaltransit per regular service passenger 7 trip Year 2002 Result $5.95 per trip Comments: Operating costs for 2002 conventional transit were $6,181,998 - the cost for repair and replacement o£fleet equipment is included; the fleet has an average age of 16 years. September 22, 2003 - 11 - F-2003-41 City of Niagara Falls 2002 Performance Measures Number of conventional transit passenger trips per person in the service 0 area in a year Year 2002 Result 15.28 trips per person Comments: Niagara Falls Transit provided 1,038,866 conventional transit passenger trips for a service area population of 68,000 people. The determination of routing depends on an overall fare box recovery range of 49% to 52%. The service area includes 81 square km and approximately 1,000,000 km oft'ravelled routing per year. September 22, 2003 - 12 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for collection of wastewater per kilometer of wastewater ~'t main Year 2002 Result $7,587.95 per kilometer of wastewater main Comments: There are 341 kilometers of wastewater pipe. Operating costs for 2002 were $ 2,587,491 and include: - regular maintenance and sanitary sewer main repair - sewer backup prevention program ~ regular maintenance and repair of force mains - allocation of program support September 22, 2003 - 13 - F-2003-41 City of Niagara Falls 2002 Performance Measures Number of wastewater main backups per 100 kilometers of wastewater ~1 ~ main in a year / Year 2002 Result 1.47 backups per 100 kilometers of wastewater main Comments: There are 341 kilometers of wastewater main. During 2002, there were 5 backups in wastewatcr main. September 22, 2003 - 14 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for urban storm water management per kilometer of drainage system Year 2002 Result $1,229.27 per kilometer of urban storm drainage system 11 Comments: There are 181.1 kilometers of urban drainage system. Operating costs for 2002 were $ 222,560 and include: - regular maintenance and stom~ sewer main repair - regular maintenance and catchbasin repair - allocation of program support September 22, 2003 - 15 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operatingdrainage systemC°Sts for rural storm water management per kilometer of 1 2 Year 2002 I Result $'1,238.99 per kilometer of rural storm drainage system Comments: There are 31.7 kilometers of rural drainage system. Operating costs for 2002 were $39,275 and include: - regular maintenance and rural drainage repair - allocation of program support September 22, 2003 - 16 - F-2003-41 City of Niagara Falls 2002 Performance Measures Operating costs for the distribution of drinking quality water per kilometer of distribution pipe Year 2002 Result $10,748.18 per kilometer of water distribution pipe r13 Comments: There are 411 kilometers of water main pipe. Operating costs for 2002 were $ 4,417,500 and include: - regular maintenance and water main repair - regular maintenance and hydrant repair - regular maintenance and low flow plumbing repair - drain water prevention program - allocation of program support - allocation of Regional contract services September 22, 2003 - 17 - F-2003-41 City of Niagara Falls 2002 Performance Measures Number of breaks in water mains per 100 kilometers of water main pipe ~1 A in a year / Year 2002 Result 22.63 breaks per 100 kilometers of water main Comments: There are 411 kilometre of water main pipe. During 2002, there were 93 breaks in water main pipe The number of water main breaks can be influenced by the following factors: - age of the pipes ~ pipe material - depth of the pipes - severity of winter weather, especially f~ost penetration - sudden variance in water pressure September 22, 2003 - 18 - F-2003-41 City of Niagara Falls 2002 Performance Measures Percentage of new lots, blocks and/or units with final approval which are located within settlement areas Year 2002 I Result 92.31% Comments: New development with final approval which is located within settlement areas: New lots - 47 New blocks - 0 New units - 37 Subtotal ~ 84 New development with final approval within entire municipality: New lots - 54 New blocks - 0 New units - 37 Subtotal - 91 15 September 22, 2003 - 19 - F-2003-41 City of Niagara Falls 2002 Performance Measures Percentage of land designated for agricultural purposes which was preserved during the reporting year Year 2002 I 96.67% Result I 161 Comments: As at December 31, 2002, there were 8,775 hectares of designated agricultural land. As at January 1, 2002 there were 9,077 hectares of'designated agricultural land. September 22, 2003 - 20 - F-2003-41 City of Niagara Falls 2002 Performance Measures Percentage of land designated for agricultural purposes which was preserved relative to the base year Year 2002 96.67% Result 17 Comments: As at December 31, 2002, there were 8,775 hectares of designated agricultural land. As at January 1, 2000 there were 9,077 hectares of land designated for agricultural purposes. September 22, 2003 - 21 - F-2003-41 City of Niagara Falls 2002 Performance Measures Number of hectares redesignated from agricultural purposes to 1 1 R other uses during the reporting year. - ,., I Year 2002 Result 302 hectares Comments: The number of hectares o£1and designated for agricultural purposes at December 31, 2002 was 8,775. The number of hectares of land designed for agricultural purposes at January 1, 2003 was 9,077. September 22, 2003 - 22 - F-2003-41 City of Niagara Falls 2002 Performance Measures Number of hectares redesignated from agricultural purposes to other uses since January 1, 2000 Year 2002 I Result 302 hectares 19 Comments: The number of hectares of land designated for agricultural purposes at December 31, 2002 was 8,775. The number of hectares of land designated for agricultural purposes at January 1, 2000 was 9,077. Corporate Services Department F-2003-42 , ~, Finance Division The CiIy of jrjBd 4310 Queen Street Niagara FallsJJ~.~ll~ P.O. Box 1023 Canada ~,m~, Niagara Falls, ON L2E 6X5 ~TI~' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca Kenneth E. Burden Director September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2003-42 - Rebate Policy - Water and Sewer Consumption Rates RECOMMENDATION: That the Council approve a policy to provide ratepayers an opportunity to receive a rebate on water and sewer consumption rates hi cimumstances of abnormal consumption. BACKGROUND: In 2000, City Council approved By-law 2000-68 which changed the methodology of billing for water and sewer consumption fzom a flat rate system to a meter system. The change promoted water conservation, provided a more equitable system of billing, and improved the amount of water/sewer billed by the City. Since water meters have been installed in the residential sector, Staffhas received complaints that did not arise under the flat rate system. These complaints have occurred in situations wherein ratepayers have experienced abnormally high water consumption in a billing period. Currently By-law 2000-68 does not provide rehefto ratepayers in this situation. In the flat rate system, the quantityofwater consumedin aperiodis not known. Consequently, in situations where plumbing failures occurred, there was no impetus on the ratepayer to repair the problem. Under the meter system, the ratepayer is responsible for full payment. Staff experience shows that, in most cases, ratepayers investigate and rectify the cause of high consumption. Consumption rates charged to ratepayers for water are based on three costs. These costs are: the wholesale cost of the water charged by the Region, the City's annual cost to maintain the distribution network, and a premium for unaccounted-for water. Unaccounted-for water is the difference between the Region's billings to the City and the quantity of water billed by the City to ratepayers. Consumption charges for sewer rates are established in a similar manner except the premium, in this instance, is for the infiltration of storm water into the sewer treatment system. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems · Legal Planning & Development September 22, 2003 - 2 - F-2003-42 To provide a more equitable system of billing and to improve the amount of water and sewer billed, Staff is recommending that a policy be approved to provide one-time relief to ratepayers who have experienced abnormally high consumption. To qualify, a ratepayer would need to meet the following: · identify the cause · rectify the problem and provide proof that the consumption has returned to normal patterns. In the event that these criteria are met, relief will be provided as follows: · relief to water and sewer consumption charges as calculated; by taking the excessive water consumption, multiplied by the cost differential between the Region's wholesale rates for water and sewage and the City's retail rates, less any incremental costs incurred by the City. Staff will report back to Council in one year on the effect of the proposed policy. Prepared by: T. Harrison Manager of Revenue Approved by: T. Ravenda Executive Director of Corporate Services Recommended by: K. E. Burden Director of Finance Respectfully submitted: John MacDonald Chief Administrative Officer Corporate Services Department . ~4 Finance Division The C Iy of 4310 Queen Street Niagara Falls~l~.~l~ P.o. Box 1023 Canada ~~' Niagara Falls, ON L2E 6X5 TI~ web site: www.city.niagarafaUs.o,.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafarls.on.ca F-2003-43 Kenneth E. Burden Director September 22, 2003 His Worship, Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2003-43- Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $3,370,015.45 for the period ending September 22, 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: <~ John MacDonald Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks Finance Human Resources · Information Systems Legal Planning & Development CI'Ty OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name C,yof 1322988 ONTARIO LTD 407 ETR EXPRESS TOLL ROUTE 464586 ONTARIO LTD O/A LITE BROS LTD A ] SLINGER SERVICE ACTION CORPORATION ADVANTAGE COLLISION ADVANTAGE RESTAURANT SUPPLY & SERVICE AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALL STAR FIRE PROTECT]ON SERVICES INC ALL STAR FIRE PROTECTION SERVICES INC AMACO EQUIPMENT INC ANELLO,DOMENIC ANTONIO, CHUCK ARCHER TRUCK SERVICES LTD ARGO GRAPH-ICC REPROGRAPHICS AVENUE ROOTS BAGNULO,ATTILIO BARCLAY & TODD'S BCE EMERGIS INC BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BERARDI,FRANCESCA BHAGIRATH,VIKAS BIAMONTE,]OE B]CKLE MAIN INDUSTRIAL SUPPLY BLACK & MCDONALD BODKIN LEASING BOLIBRUCK, BOB BOYLE,T BOYS & GIRLS CLUB OF NIAGARA BRADLEY, CHRIS BRODERICK,ANDY BUNTIN REID BUNTIN REID C N WATSON AND ASSOCIATES LTD CAM PIGO'ffFO,AARON CANADA BUILDING MATERIALS CO CANADA BUILDING MATERIALS CO CANADIAN DOOR DOCTOR CANADIAN LINEN AND UNIFORM SERVICE CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANTEC SECURITY SERVICES CARSON,]OHN& CARSON, HELEN CASHWAY BUILDING CENTRES CENTENNIAL CONSTRUCTION CHARLES ]ONES INDUSTRIAL LTD CHARLES ]ONES INOUSTRIAL LTD CHIPPAWA AUTOBODY LTD CHRIS CRISTELLI & ASSOCIATES INC CHRYSLER FINANCIAL CANADA CIBC Cheque No 278306 278307 278308 278159 278309 278156 278157 278158 278310 278160 278161 278311 278312 278313 278314 278315 278162 278163 278316 278317 278318 278165 278319 278320 278321 278322 278323 278166 278324 278167 278168 278169 278325 278170 278326 278327 278172 278174 278328 278191 278175 278176 278329 278177 278330 278179 278180 278181 278331 278332 278182 278183 278333 278184 278334 278185 278335 278336 278337 AP5200 Page : Cheque Date Purpose 16-Sep-2003 16-Sep-2003 16-Sep-2003 09-Sep-2003 16-Sep-2003 09-Sep-2003 09-Sep-20o3 09-Se >2003 16-Se )-2003 09-Se )-2003 09-S~ )-2003 16-S~ )-2003 16-Se )-2003 16-Se )-2003 16-S~ )-2003 16-S )-2003 09-Sep-2003 09-S~ >2003 16-S~ )-2003 16-Se )-2003 16-Se )-2003 09-Se >2003 16-2 )-2003 16-2 )-2003 16-Se )-2003 16-2 )-2003 16-Se >2003 09-Se )-2003 16-Se )-2003 09-Se )-2003 09-Se )-2003 09-Se )-2003 16-Se )-2003 09-Se )-2003 16-5e )-2003 16-5e >2003 09-Se )-2003 09-Se )-2003 16-Se )-2003 09-Se )-2003 09-,Se )-2003 09-Se )-2003 16-Se )-2003 09-Se )-2003 16-Se )-2003 09-8e )-2003 09-Se )-2003 09-S )-2003 16-Sep-2003 16-Sep-2003 09-Sep-2003 09-Sep-2003 16-Sep-2003 09-Sep-2003 16-Sep-2003 09-Sep-2003 16-Sep-2003 16-Sep-2003 16-Sep-2003 ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES MAINTENANCE AND REPAIRS EQUIPMENT MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS ADMINISTRATIVE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS LEASES AND RENTS REFUND ADMINISTRATIVE MATERIALS EQUIPMENT CONTRACT SERVICES REFUND SUPPLIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS MAINTENANCE AND REPAIRS LEASES AND RENTS ADMINISTRATIVE ADMINISTRATIVE LEASES AND RENTS REFUND REFUND MATERIALS SUPPLIES CONSULTING SERVICES ADMINISTRATIVE MATERIALS MATERIALS MAINTENANCE AND REPAIRS MATERIALS CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS EQUIPMENT CONTRACT SERVICES REEUND MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MAINTENANCE AND REPAIRS CONSULTING SERVICES LEASES AND RENTS REFUND Amount 2,500.00 10.18 20.01 575.87 940.23 1,100.00 3,887.00 3,589.97 154.25 64.31 103.01 345.56 17,250.00 402.00 19.45 970.47 3,444.25 4,611.03 51.00 403.31 75.25 1,539.98 749.36 57.50 296.01 1,875.91 72.25 378.00 100.00 39.10 8,051.75 435.83 61.93 100.00 262.15 750.00 91.95 1,643.36 479.29 1,021.85 143.75 3,009.26 1,706.26 104.33 216.04 2,753.52 875.18 1,217.13 500,322.28 1,970.81 860.00 106.78 89,557.70 165.18 888.65 1,711.20 3,442.66 494.50 576.00 CTTY OF NTAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name ,,~, C~ (~ b, APS200 Foll l Cheque No Cheque Date Purpose Page : CIRCLE P PAVING CITY OF NIAGARA FALLS CI'f~ OF NIAGARA FALLS CiTY OF NIAGARA FALLS CIZEK, MIKE CLASS A FIRE & RESCUE CLAYDON,1EFF COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLE'S JEWELERS COLLINS SAFETY O/A 3077225 CANADA INC COLLINSON,JACK COMMISSIONAIRES COMMUNITY RESOURCES CENTRE COMPUTER MEDIA GROUP COSTELLO, BRIAN CRAWFORD AD]USTERS CANADA INCORP CUPE LOCAL 133 CUPE LOCAL 133 DARRALL, BOB DAVEY TREE EXPERT CO DELCAN CORPORATION DELL COMPUTER CORPORATION DEMOL'S TIRE SALES & SERVICE DESIGN ELECTRONICS DONNELLY, R DREN,KARL DREW CANADA DUI LOVIC, ED E3 LABORATORIES ED LEARN FORD SALES LTD ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA EVANS UTILIT~ SUPPLY LTD EXTRACTOL INDUSTRIES LTD FALLS AUTO BODY INC FALLS ELECTRIC INC PALLS ELECTRIC INC FELICI: I I [,ANNY FIRESERVICE MANAGEMENT LTD FLEXO PRODUCTS LTD FRANCOTYP POSTALIA CANADA FRANK COWAN COMPANY LIMITED FRANK ] ZAMBONI & CO LTD G & K SERVICES CANADA INC GALES GAS BARS GERRIE ELECTRIC WHOLESALE LTD GIURA BROTHERS GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GNGH FOUNDATION GRASSWORKS LAWN MAINTENANCE GRAYBAR ELECTRIC LTD GREEN LINE EQUIPMENT GT FRENCH PAPER LIMITED HAMILTON,STEPHEN HANG UPS HECO 278338 278186 278187 278339 278188 278189 278190 278192 278340 278341 278193 278342 278343 278344 278345 278194 278196 278197 278346 278198 278199 278200 278347 278201 278348 278349 278202 278203 278204 278205 278350 278206 278351 278207 278208 278352 278209 278210 278353 278354 278355 278356 278357 278212 278213 278215 278358 278214 278359 278216 278360 278362 278217 278361 278218 278363 278220 278364 278221 16-Se 0g-se 09-Se 16-Se 09-Se 09-5e O9-Se 09-Se 16-Se 16-Se 09-Se 16-Se 16-Se 16-Se 16-5e O9-S~ 09-SE 09-S¢ 16-Se 09-Se 09-S~ )-2003 CONTRACT SERVICES )-2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE )-2003 MATERIALS )-2003 REFUND )-2003 MATERIALS )-2003 ADMINISTRATIVE )-2003 UTI LIT[ES )-2003 UTILrr~ES )-2003 MATERIALS )-2003 MATERIALS )-2003 ADMINISTRATIVE )-2003 CONTRACT SERVICES )-2003 LEASES AND RENTS )-2003 SUPPLIES )-2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE )-2003 REMITTANCE )-2003 REMITTANCE >2003 ADMINISTRATIVE >2003 CONTRACT SERVICES 0g-s( >2003 CONSULTING SERVICES 16-Sep-2003 EQUIPMENT 09-S~ >2003 CONTRACT SERVICES 16-S~ >2003 MATERIALS 16-Se >2003 REFUND 09-S >2003 ADMINISTRATIVE 09-SE >2003 CONTRACT SERVICES 09-S( ~-2003 UTILITIES 09-S( >2003 CONTRACT SERVICES 16-S( >2003 MATERIALS 09-SE >2003 UTILrfIES 16-S~ 5-2003 UTILITIES 09-S~ ~-2003 CONTRACT SERVICES 09-~ ~-2003 MATERIALS 16-S(~-2003 MAINTENANCE AND REPAIRS 09-SE ~-2003 MAINTENANCE AND REPAIRS 09-SE .-2003 MAINTENANCE AND REPAIRS 16-S( ,-2003 MAINTENANCE AND REPAIRS 16-S( ,-2003 ADMINISTRATIVE 16-S( ,-2003 MATERIALS 16-S( ,-2003 MATERIALS 16-S( ,-2003 MATERIALS 09-S( ,-2003 ADMINISTRATIVE 09-S( ,-2003 MATERIALS 09-S( ,-2003 MATERIALS 16-5~ ~-2003 MATERIALS 09-S~ ~-2003 MATERIALS 16-S~ ~-2003 MAINTENANCE AND REPAIRS 09-S( ~-2003 MATERIALS 16-S( ~-2003 MATERIALS 16-S( )-2003 DONATION 09-S( )-2003 CONTRACT SERVICES 16-S( )-2003 MATERIALS 09-S( )-2003 LEASES AND RENTS 16-S( )-2003 MATERIALS 09-S( ~-2003 ADMINISTRATIVE 16-S( )-2003 MATERIALS 09-S( ~-2003 MAINTENANCE AND REPAIRS 86,080.81 422.04 1,692.00 514.17 80.30 982.22 109.97 262.00 96.20 128.80 277.13 34.13 14,105.53 471.50 42.41 139.74 6,828.25 3,146.52 3,100.50 186.06 4,036.04 107,808.68 16,516.89 7,414.91 545.52 15.00 156.86 286.76 1,828.99 1,705.62 1,095.99 57.98 3,521.92 1,027.20 13,419.99 442.25 3,883.32 2,898.13 1,033.85 265.59 1,312.38 1,969.38 203.55 32,948.22 113.29 71.60 260.38 586.22 3,174.90 42.31 1,552.01 50,000.00 1,337.50 1,375.68 2,875.00 6,737.53 184.78 1,712.74 430.14 CI'TY OF N'rAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name .~, C~/o~ b* APS200 Cona a Cheque No Cheque Date Purpose Page Amount HECO HICKEY, NEAL HIEBERT,JAKE HILL BOLES LTD HOLMAN,GEOFF HUMMELL, HAROLD HUMMELL, HAROLD HUTCHINSON,STELLA IBI GROUP INFORMATION NIAGARA INTEGRATED MUNICIPAL SERVICES 3ACKSON~DAVE KAN DU POOLS LTD KUCHYT~TOM LAEARGE CANADA INC LAEARGE CANADA INC LANG DRYWALL & ACOUSTICS LTD LINDSAY PRESS MACLEAN,IASON MAIOLO,DOMENIC MAKEPEACE~3ANICE MCANDREWS AIR LTD MCANDREWS AIR LTD MCDONALD~ROB MCRAE, LEN ME OLSEN TITLES INC MEDCON MECHANICAL LTD MEDSET SPECIALTIES LTD MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF Aq-FORNEY GENERAL MINISTRY OF ATTORNEY GENERAL M3M/CMA 3OINT VENTURES ARCHITECTS MOBILE COMMUNICATION SERVICES MODERN LANDFILL INC MORGAN,WARREN& MORGAN, LEONA MOROCCO,ANNA MOROCCO,3OHN MORRONE, MARY MTC LEASING INC MY COUNTRY DELICATESSEN NESBITT,3AMES& NESBI'i-r, CONSTANCE NEW ICE NEXTERRA SUBSTRUCTURES INCORPORATED NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA CRED[1- UNION NIAGARA CREDIT UNION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA NEWSFAX NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA REGIONAL POLICE SERVICE 278365 16-Se 278366 16-Se 278367 16-Se 278368 16-Se 278222 09-Se 278223 09-Se 278369 16-Se 278370 16-Se 278371 16-Se 278372 16-Se 278373 16-S¢ 278224 09-Se 278225 09-Se 278226 09-Se 278227 09-Se 278374 16-Se 278228 09-S~ 278232 09-Se 278234 09-Se 278237 09-Se 278238 09-SE 278239 09-SE 278375 16-S~ 278240 09-S~ 278241 09-S¢ 278378 16-S~ 278376 16-Se 278377 16-S~ 278244 09-S¢ 278245 09-S~ 278380 16-S~ 278243 09-S~ 278379 16-S~ 278235 09-SE 278381 16-SE 278382 16-S~ 278383 16-S~ 278384 16-S( 278246 09-Se 278247 09-SE 278385 16-S~ 278386 16-S( 278387 16-S 278248 09-S~ 278388 16-S~ 278389 16-S~ 278250 09-S~ 278390 16-S~ 278254 09-S~ 278395 16-S~ 278391 16-Se 278251 09-S( 278252 09-S~ 278392 16-S( 278393 16-S~ 278394 16-S~ 278256 09-S( 278257 09-S( 278396 16-S~ )-2003 MAINTENANCE AND REPAIRS )-2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE )-2003 MATERIALS )-2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE )-2003 REFUND )-2003 CONSULTING SERVICES )-2003 MATERIALS )-2003 CONTRACT SERVICES )-2003 ADMINISTRATIVE )-2003 CONTRACT SERVICES )-2003 ADMINISTRATIVE )-2003 MATERIALS )-2003 MATERIALS ~-2003 MATERIALS )-2003 MATERIALS >2003 ADMINISTRATIVE ~-2003 REFUND >2003 ADMINISTRATIVE -2003 MAINTENANCE AND REPAIRS )-2003 MAINTENANCE AND REPAIRS )-2003 ADMINISTRATIVE )-2003 REFUND >2003 ADMINISTRATIVE )-2003 MAINTENANCE AND REPAIRS ~-2003 MATERIALS >2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE ~-2003 ADMINISTRATIVE ~-2003 REMITTANCE >2003 REMITTANCE ~-2003 CONTRACT SERVICES ~-2003 MAINTENANCE AND REPAIRS ~-2003 CONTRACT SERVICES ]-2003 REFUND ~-2003 ADMINISTRATIVE ~-2003 ADMINISTRATIVE ~-2003 ADMINISTRATIVE ~-2003 EQUIPMENT ~-2003 ADMINISTRATIVE ~-2003 REFUND }-2003 MAINTENANCE AND REPAIRS }-2003 CONTRACT SERVICES >2003 CONTRACT SERVICES ~-2003 REMI-rrANCE ~-2003 REMI'rrANCE ~-2003 REMTrrANCE ,-2003 REMI'rrANCE ,-2003 CONTRACT SERVICES ,-2003 REMrrrANCE ,-2003 UTI LFf'IES ,-2003 REMITTANCE ,-2003 REMIJq-ANCE ,-2003 UTII.IT[ES ,-2003 ADMINISTRATIVE ,-2003 ADMINISTRATIVE ,-2003 ADMINISTRATIVE 92.02 39.00 49.22 170.32 222.72 245.00 258.84 750.00 23,555.62 35,00 178,180.68 142.92 185.52 227.12 3,067.72 2,470.33 385.27 334.13 125.05 750.00 488.92 2,154.98 3,023.29 185.00 60.00 471.73 549.92 75.86 9,600.00 200.00 6,188.08 1,914.43 1,762.44 70,511.36 128.80 2,603.18 160.00 212.92 188.97 38.90 277.87 93.66 240.00 1,632.79 207,685.01 4,110.44 14,264.00 I4,329.00 1,598.38 1,745.17 1,220.00 43,599.32 3,769.06 406.05 4,473.13 2,949.23 763.98 6,835.00 375.00 CTTY OF N*KAGARA FALLS Page: 4 MUNICIPAL ACCOUNTS Supplier Name lh~ C~y Of &, AP5200 Nio oro Cheque No Cheque Date Purpose Amount NIAGARA SAW SALES AND SERVICE NIAGARA TRANSIT NIAGARA WATER CONDITIONING LTD NIAGARA,COM NOPJOHN LTD NOR2OHN LTD NU CUT SHARPENING NUNN,ROSEMARY OLDTIMERS BENEFIT GAME ONTARIO ASSOCIATION OF FIRE CHIEFS ONTARIO FIRE COLLEGE ONTRAC EQUIPMENT SERVICES INC PALMER,WENDALL PENINSULA PEST CONTROL LTD PRATA,GUY PRAY, AIR PRAXAIR PRECISE PARK LINK INC PROFESSIONAL ENGINEERS ONTARIO PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL LANDSCAPING PROVINCIAL LAN DSCAPING PROVINCIAL SERVICES PUROLATOR COURIER PUROLATOR COURIER RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAY 3AMES APPLIANCES RCI CONSULTING RECEIVER GENERAL RECEIVER GENERAL REGIONAL NIAGARA FIRE BUFFS RIDGEMOUNT QUARRIES LIMITED RIDGEMOUNT QUARRIES LIMITED ROBERTSON,PAUL ROYAL ENVELOPE LTD SAFEDESIGN APPAREL LTD SAFETY EXPRESS LTD SAVANOVIC,ZORICA SAYERS& ASSOCIATES LTD SCARING[,VITO SCOTIABANK SCOTIABANK SIGNATURE SIGNS SIMPLEX GRINNELL SINGULAR PRODUCTIONS LIMITED SKIBA, BART SAM ASSOCIATES STAMFORD CENTRE VOLUNTEER FIREMEN$ ASSOCIATION STAMFORD HOME HARDWARE STEED & EVANS LIMITED STEVENSVILLE LAWN SERVICE INC STREAMLINE SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPREMEX INC TELUS INTEGRATED COMMUNICATIONS TELU5 MOBILITY TELUB NATIONAL SYSTEMS INC 278258 278397 278259 278249 278398 278399 278260 278400 278401 278402 278403 278261 278262 278404 278406 278264 278407 278408 278409 278265 278266 278410 278411 278267 278412 278268 278413 278269 278415 278270 278414 278417 278273 278418 278419 278274 278420 278421 278305 278275 278276 278278 278422 278423 278424 278279 278280 278281 278283 278282 278425 278284 278285 278426 278286 278288 278427 278428 278429 09-Se 16-Se O9-Se 09-Se 16-Se 16-Se 09-Se 16-Se 16-Se 16-Se )-2003 MATERIALS )-2003 GRANT )-2003 MATERIALS )-2003 CONTRACT SERVICES )-2003 MATERIALS )-2003 CONTRACT SERVICES )-2003 MATERIALS )-2003 REFUND )-2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE 16-Se )-2003 09-Sep-2003 09-S )-2003 16-Se )-2003 16-Se )-2003 09-S~ }-2003 16-Se )-2003 16-Se }-2003 16-SE ~-2003 09-SE )-2003 09-5~ )-2003 16-S~ )-2003 16-S~ )-2003 09-5~ ~-2003 16-Se ~-2003 Og-Se ~-2003 16-Se ~-2003 og-se D-2003 16-S~ ~-2003 09-S~ ~-2003 16-S~ ~-2003 16-S( ~-2003 09-~ ~-2003 16-S~ D-2003 16-S~ -2003 09-S~ ,-2003 16-5~ ,-2003 16-S~ ,-2003 lO-S( ,-2003 09-S( ,-2003 09-S( ~-2003 09-S( ~-2003 16-S( ~-2003 16-S( ~-2003 16-S( ~-2003 09-S( ~-2003 09-S( ~-2003 09-S( ~-2003 09-S~ ,-2003 09-Se ~-2003 16-Se ~-2003 09-Se ~-2003 09-S~ ~-2003 16-Se t-2003 09-Se 09-Se ~-2003 16-Se ~-2003 16-Se ~-2003 16-Se ~-2003 ADMINISTRATIVE EQUIPMENT REFUND CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES ADMINISTRATIVE MATERIALS ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS EQUIPMENT CONSULTING SERVICES REM1T~'ANCE REMI-CFANCE SUPPLIES MATERIALS MATERIALS REFUND MATERIALS MATERIALS ADMINISTRATIVE REFUND ADMINISTRATIVE MATERIALS MATERIALS REFUND MATERIALS MAINTENANCE AND REPAIRS ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES Uq~LI~ES CONTRACT SERVICES 160.88 80,000.00 209.55 369.69 14,618.34 529,434.68 138.03 lzH.O0 250.00 42.50 50.00 2,266.96 200.00 92.02 38.90 367.01 177.09 1,681.40 203.30 114.62 3,246.38 3,158.64 211.86 37.95 76.02 100.88 237.53 1,489.25 5,588.60 143,585.67 142,669.14 121.76 66.21 383.05 750.00 113.28 2,633.24 261.64 21,475.00 50.00 248.52 11,729.54 639.48 134.00 230.75 520.95 59.15 11,786,96 160.00 37.93 4,356.51 224,753.13 201.25 201,232.31 226.84 2,168.63 488.75 4,502.79 258.75 Page: 5 CITY OF NTAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name ~e Ci~ Ol ~ AP5200 Cheque No Checlue Date Purpose TERANET INC THE ATLAS CORPORATION THE CAMERA PLACE FOTO SOURCE THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE UNIFORM GROUP INC THISTLEWAITE YARDWORKS T[MS WATER SERVICE TO]-I'EN SIMS HUBICKJ ASSOCIATES TOUCHSTONE SITE CONTRACTORS TRADEMARK AUTOMOTIVE TRADEMASTER TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC TROW CONSULTING ENGINEERS LTD UNITED WAY UNUM LIFE INSURANCE COMPANY VADIM COMPUTER MANAGEMENT GROUP LTD VALUE ADDED SYSTEMS INC VANCOR SUPPLY VINELAND QUARRIES VOLSCI CONSTRUCTION CO INC WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WARREN SOLARIUMS WATT, DAVID WIENS UNDERGROUND ELECTRIC LTD WOLSELEY WATERWORKS GROUP 278430 16-Se 278431 16-Se 278432 16-5e 278271 09-Se 278272 09-Se 278416 16-5e 278433 16-Se 278434 16-Se 278289 09-Se 278290 09-Se 278291 09-Se 278293 09-Se 278435 16-Se 278294 09-Se 278295 09-Se 278436 16-Se 278437 16-Se 278296 09-Se 278297 09-Se 278298 09-Se 278438 16-Se 278439 16-Se 278300 09-Se 278440 16-Se 278441 16-SE 278442 16-Se 278301 09-SE 278443 16-S~ 1-2003 1-2003 REFUND ~-2003 MATERIALS ~-2003 CONTRACT SERVICES ~-2003 MATEPJALS ~-2003 MATERIALS )-2003 MATERIALS )-2003 MAINTENANCE AND REPAIRS )-2003 CONTRACT SERVICES )-2003 CONTRACT SERVICES )-2003 CONTRACT SERVICES )-2003 MATERIALS )-2003 REFUND )-2003 MATERIALS )-2003 CONSULTING SERVICES )-2003 GRANT )-2003 ADMINISTRATIVE )-2003 CONTRACT SERVICES )-2003 EQUIPMENT >2003 ADMINISTRATIVE >2003 MATERIALS )-2003 CONTRACT SERVICES )-2003 MATER/ALS )-2003 MATERIALS )-2003 REFUND )-2003 ADMINISTRATIVE )-2003 CONTRACT SERVICES )-2003 MATERIALS WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB YOUNG SOD FARMS LTD 278302 278444 278303 278445 278304 0g-sE >2003 16-SE >2003 09-SE >2003 16-SE >2003 09-~ >2003 MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS Amount 5,000.00 100.00 276.00 94,691.68 2,062.19 8,104.02 491.63 1,182.00 1,364.25 27,008.02 21,110.60 764.75 750.00 199.82 570.45 500.00 1,100.00 13,800.00 5,566.00 1,299.50 481.26 3,384.72 1,696.20 787.23 750.00 218.75 8,585.14 3,014.55 12,228.30 13,125.20 17,783.53 17,005.58 98.44 Total: 3,370,015.45 Community Sen/ices Department · f ~ Municipal Works The C ty o_ ..... 'Al ,* 4310 Queen Street rq~ogoro ~-olls ~l~,~ P.O. Box 1023 Conodo ~"'Niagara Falls, ON L2E 6X5 ~~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mair: edujlovi@city.niagarafa[Is.on.ca MW-2003-168 Ed Dujlovic Director Septmnber 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2003-168 Consulting Services for the Drummond Road Watermain Design RECOMMENDATION: In accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Upper Canada Consultants for the Drummond Road watermain design for the upset limit of $8,470.00, excluding GST. BACKGROUND: Upper Canada Consultants are presently completing the design for a new regional 900-mm watermain on Drtmm~ond Road from Oldfield Road to Murray Street for the Regional Municipality of Niagara. The City's watermain on Drummond Road from MeLeod Road to Murray Street is in poor condition and requires replacement. Replacing the City's watermain during the construction of the Regional watermain will result in less disruption to the public and abutting properties. The cost to design and construct the City's watermain will be reduced with the elimination of duplication in engineering and restoration. Construction of this watennain may be in 2004, depending on the Region financing the construction for 2004. Therefore, the construction costs should be included in the 2004 Capital Budget deliberations. As per the City's Consultant Selection Policy, direct appointment for Consultants up to $60,000.00, Upper Canada Consultant has been selected to complete this work. Upper Canada Consultants has carried out similar work for other Municipalities and has completed work for the City of Niagara Falls in the past. Staff is therefore recommending that they be retained for this work. Working Together to Serve Our Communi~y Municipal Works · Fire Services · Parks, Recreation & Culture. Business Development · Building & By-Law Services September 22, 2003 - 2 - Council's concurrence with the above recommendations would be appreciated. Prepared by: Bob Darrall, C.E.T. Project Manager Respectfully submitted: Chief Administrative Officer MW-2003-168 Approve~~....~~"' ~ Ed Dujlovic, P.Eng. Director of Municipal Works S:kREPORTSk2003 ReportskMW-2003-168 Consultant Services Dmnanond Road W'M.wpd The City of /JJJl Niagara Falls Fire Services - Fire Prevention Office 5809 Morrison Street Niagara Falls, ON L2E 2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 ext, 207 Fax: (905) 356~1583 Patrick R. Burke Fire Chief FS-2003-12 September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2003-12 Municipal By-Law 80-114 Designation of Required Fire Access Routes Inclusion of Home Depot, 7190 Morrison Street Owner: Home Depot of Canada Inc. RECOMMENDATION: That Council approve the request of MacNaughton Hermsen Britton Clarkson Planning Limited, on behalf of Home Depot of Canada Inc., to designate the private roadways as a Fire Route. BACKGROUND: Fire Access Routes are required by the Ontario Building Code. In many instances, the developer must provide private roadways, to satisfy the requirements of the Building Code. Private roadways were required, at the subject property, to satisfy Fire Access Route standards. The Fire Department, at the time of Site Plan Review, requested the inclusion of the Fire Access Routes in Municipal By-Law 80-114, "Designation of Private Roadways as Fire Routes." The maintenance and signage of Fire Access Routes fall under the scope of the Ontario Fire Code. The Ontario Fire Code states that the "owner" is responsible for carrying out the provisions of the Fire Code. In the case of cars obstructing a required Fire Access Route, the building "owner" would be charged for failing to comply with the requirements of the Fire Code. This system is not fair to the "owner." A more sensible and equitable method would be to place the onus on the owner of the vehicle. The Fire Code permits the establishment of a By-law for this purpose. Working smoke alarms save lives. Check your smoke alarm. Working Together to Serve Our Community September 22, 2003 -2- FS-2003-12 Signs for the Fire Access Route, if designated, will be purchased from the Fire Prevention Office. The signs will be installed under the supervision of the Fire Prevention Office, in accordance with the provisions of the By-law and the Fire Code. Copies of the Site Plans, including the proposed Fire Access Route are attached. Prepared by: John Laur Director of Fire Prevention Patrick R.Burke Fire Chief Respectfully submitted by: ~C~ John MacDonald Chief Administrative Officer Approved by: Director of Fire Services JL/ 3E 4,832 SF TOTAL -, 98,575 eq. ft. MHBC September 10, 2003 John T. Laur Director of Fire Prevention, Fire Services City of Niagara Falls 5809 Monison Street Niagara Falls, ON L2E 2E8 MacNaughton Hermsen Britton Clarkson Planning Limited REGIONAL & URBAN PLANNING & RESOURCE DEVELOPMENT ~ ,~Ei 10 2003 NIAGARA FALLS PIRE PREVENTION OFFICE Dear Mr. Laur RE: Fire Route Designation, Home Depot Niagara Falls (Our File~ 9316 BC) On behalf of our client, Home Depot Holdings Inc., w hereby submit an request for designation of a fire reute for Home Depot in the City of Niagara Falls, municipally addressed at 7190 Uorrison Street. As required, please find enclosed: · Reduced version of site plan indicating the fire reute · Authorization allowing MHBC Planning Ltd. to act on behalf of the Home Depot Holdings Inc. If you require anylhing further, please do not hesitate to call. Yours Truly, MACNAUGHTON HERMSEN BRrI'rON CLARKSON PLANNING LIMITED David A. McKay, BES, MCIP, RPP cc. Mukesh Desai ['~ 171 Victoria Street North Kitchener, Ontario N2H 5C5 Phone: (519) 576-3650 Fax: (519) 576-0121 '545 North Rivermede Rd., Suite #105 Concord, Ontario L4K 4HI Phone: (905) 761-5588 Fax: (905) 761-5589 [] 630 Colborne Street, Suite #202 London, Ontario N6B 2V2 Phone: (519) 858-2797 Fax: (519) 858-2920 Home Depot Canada 426 Ellesmere Rd. · Soarborough, Ontario ·MIR 4E7 May27, 2003 TO WHOM IT MAY CONCERN I~: AUTHORiZATION Home Depot of Canada Inc. owns and operates a number of home improvement stores throughout Ontario. We hereby author~,e MacNanghton Hermsen Britton Clarkson Planning Limited to submit any and all necessary applications to permit the construction of each of our stores and/or additions to each of our stores. Without limiting the generality of the foregoing, such applications include official plan amendments, rezoning, minor variance, site plan approval, consent and building permit. Sincerely, HOME DEPOT OF CANADA INC. This 27th day of May, 2003. FS-2003-13 , , ,,~a Fire Services The City et [~lf, 4310Queen Street Niogoro Foils ~i~,~- P.O. Box 1023 CoFIoClO '~ Niagara Falls, ON L2E 6X5 ~J~' web site: www.city, niagarafalls.on.ca~ Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih pburke@city.niagarafalls.on.ca September 22, 2003 Patdck Burke Fire Chief His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2003-13 Niagara 9-1-1 Emergency Response Telephone System Primary Agency Policy Agreement RECOMMENDATION: It is recommended that Council authorize the signing of the Primary Agency Policy Agreement (attached) to facilitate the introduction of the "Hook Flash Process." BACKGROUND: The "Primary Agency Policf' was first established and agreed to in 1989. The purpose ofthe policy is to facilitate the routing of emergency calls from the 9-1-1 answering centre to the appropriate emergency dispatch agency. Over the past number of months, all of the dispatch agencies involved have been working on improving the notification o fthe "secondary agencies" in emergency response incidents, particularly the fire dispatch agencies in tiered medical response incidents. This restatement and amendment of the "Primary Agency Policy" will allow for the implementation of the processes and procedures that have been agreed to by all of the agencies. Patrick Burke Fire Chief R~ctfilll~ed: .~. John / a~eD~onald Chief Administrative Officer Approved by: Director of Fire Services Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Niagara 9-1-1 Emergency Response Telephone System Primary Agency Policy Agreement The Regional Municipality of Niagara (the "Region"), the Region of Niagara Police Services Board (the "Board"), the Ministry of Health, Hamilton Central Ambulance Communications Centre (the "Hamilton CACC"), the City of Niagara Falls Fire Department (the "NFFD"), and the City of St. Catharines Fire Department (the "SCFD"); having mutually agreed to implement a supplementary 911 call processing policy, commonly known as the "ffook Flash Process", herein reconfirm their continued commitment to the fundamental "Primary Agency Policy" established'and agreed to in 1989. As such, it is hereby confirmed and agreed: 1) That the Primary Public Safety Answering Point (the "Primary PSAP") referred to herein means the Niagara Regional Police Setwice Communications Unit who, by Agreement between the Region and the Board provide, among other things, primary 9-1-I answering services within the Region of Niagara; 2) That the Secondary Public Safety Answering Point(s) (the Secondary PSAP(s)) referred to herein means the Hamilton CACC, the NFFD and the SCFD but in different context may also refer to other Agencies to whom the Primary PSAP forwards calls received by the Region's 9-1-1 Emergency Telephone System; 3) That, in the operation of the Region's 9-1-1 Emergency Telephone System the "Primary Agency Policy" (below) is paramount; 4) That the "Primary Ag~fiey" means: "the Police, Fire or Ambulance Dispatch. Center to Which the caller will be connected"; 5) That the "Primary Agency Policy" states: "It is the Primary Agency's responsibility to determine if other Agencies should be involved and to advise them of the emergency. If more than one service is require~, the Primary Agency is responsible for contacting any other agency. Hpwever, the 9-1-1 Operator at the Primary PSAP may alert other Agencies of obviously serious calls. If time and emergency call volume permits, the 9-1-1 Operator at the Primary PSAP can remain on the line during calls with obvious potential for multiple agency response in case further assistance is necessary, even though requesting assistance fxom other 3,gencies remains the responsibility of the Primary Agency."; 6) That the agreement to process some 9-1-1 calls under some circumstances by utilizing the "Hook Flash Process" in no way varies, circumvents or over-rides the "Primary Agency Policy" nor relieves any of the aforementioned Agencies of their responsibilities under the "Pr/mary Agency Policy"; Niagara 9-1-1 Emergency Response Telephone System Primary Agency Policy Agreement 7) That the "Hook Flash Process" will not be implemented by a SeCondary PSAP when an objection is raised by the NRPS Communications Unit staff acting as the Primary Public Safety Answering Point (the "Primary PSAP"). THIS AGREEMENT MADE THIS APPROVED FOR EXECUTION DAY OF ,2003 DAY OF "~'{x~ ~- , 2003 oF :oo3 __DAY OF . ,2003 ~ DAY OF ~E-~., 2003 ) ) THE REGIONAL MUNICIPALITY OF R.. Holliek ) Name, Title Reglo~l Cled( THE REGIONAL MUNICIPALITY OF S BOARD Name, Title la~-~o~ c_~.~O._ THE MINISTRY OF HEALTH, Name, Title ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE CITY OF NIAGARA FALLS Name, Title THE CITY OF ST. CATHARINES Name, Title Fire Services The City of 5809 Uorrison Street Niagara Falls lJ~ll~~ Niagar~ F~lls, ON L2E 2E8 Con~~ web site: www.city.niaoarafalls.on.ca ~ I-- Tel: (905) 356-1321 Fax: (905) 356-6236 E-mail: pburke@city.niagarafalls.on.ca Patrick R, Burke Fire Chief FS-2003-15 September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2003-15 Purchase of Thermal Imaging Camera RECOMMENDATION: That Council approve the purchase of a thermal imaging camera for Fire Services emergency responses at a cost of $20,125. BACKGROUND: Technology affords thermal imaging capabilities to fire services, assisting in many emergency response scenarios. Safety: Firefighters commonly encounter 0% visibility when entering structure fires. Under these conditions, it is extremely difficult to locate the source of the fire, victims in the building, hazards such as holes in the floors, paths of egress. The longer it takes to perform these functions, the higher the risk to safety of firefighters and occupants. The potential for increased property loss also increases. Thermal imaging during the investigating and overhaul process of fires has also reduced property damage and improved efficiency of fire service efforts. Thermal imaging capability has proven itself in the reduction of risk to life and property. Niagara Falls has had a single thermal imaging camera for six (6) years. It has proven itself during countless emergency responses. It has outlived its' useful life and has recently been taken out of service. Fire Services budgeted $25,000 in the 2003 budget to cover the cost of providing a second thermal imaging camera to firefighting crews. However, with the removal from service of our original camera, this purchase is even more crucial to our operations. A fire fighter committee reviewed numerous units and selected the unit by suitability and price. The only supplier of this unit is Bullard. Funds have been designated in the 2003 Capital budget for this purpose. Smoke ~41arms Save Lives - Check Your Smoke ~41arm }Forking Together to Serve Our Community September 22, 2003 -2- FS-2003-15 Lee Smith Assistant Chief Fire Chief R~~mitted: ~- John MacDonald Chief Administrative Officer Approved by: Director of Fire Services LS:ls Fire Services The Cify of 5809 Morrison Street Niagara Falls I1~11~ Niagara Falls, ON L2E 2E8 Canodo ~' web site: www,city.niagarafalls.o n,ca ~ I-- Tel: (905) 356-1321 Fax: (905) 356-6236 E-mail: pburke@city.niagarafalls.on.ca September 22, 2003 Patrick R. Burke Fire Chief FS-2003-16 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: FS-2003-16 - Agreement with Old Acres Building Temporary Training Site for Niagara Falls Fire Department Vacant Building at 5259 Dorchester Road, Niagara Falls, ON RECOMMENDATION: That Council authorize an agreement with Bennett Jones Company of Toronto, subject to approval of City Solicitor, to permit the Niagara Falls Fire Department to temporarily use the property and building at 5259 Dorchester Road, Niagara Falls, Ontario for the training of its firefighters. BACKGROUND: Bennett Jones Company is the representative of the property at 5259 Dorchester Road, Niagara Falls, Ontario. The building located on the property is unoccupied. The Niagara Falls Fire Department is interested in using the building to carry out training activities related to the duties of its firefighters and intends to use the building for ventilation practice, foam practice, laddering practice, fire cause determination and overhaul. Bennett Jones Company is agreeable to the request and is prepared to enter into an agreement with the City for this purpose. The use of the property will be at no cost to the City. Prepar~ Lee Smith Assistant Chief Approved by: Edward P. Lustig ' Director of Fire Services Patrick R. Burke Fire Chief Respectfully submitted: {~ John MacDonald Chief Administrative Officer Smoke Alarms Save Lives - Check Your Smoke Alarm Working Together to Serve Our Community T.S:rs Corporate Services Department CD-2003-18 TI-,- '":~-, -' ~a~., Clerk's Division NiQgo"r~ ~.,,ryo ~'Qll,B~ z.~'J~l~ 4310 Queen Street P.o. Box lO23 CQn(3ct(3 ~~ Niagara Falls, ON L2E 6X5 ~J~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorflda@city.niagarafalls.on.ca Dean Ioffida City Clerk September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2003-18 - Special Occasion Permit RECOMMENDATION: That Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. BACKGROUND: Correspondence has been submitted by the following organization and has been reviewed and approved by the Parks, Recreation & Culture; Building & By-law Services; and Fire Services. Council's concurrence with the recommendation is requested. Chippawa Lions Club Lioness Fall Festival I Oct. 4, 2003 Recommended by: City Clerk Chippawa Lions Hall & Park Tony Ravenda Executive Director of Corporate Services Respectfully submitted: // John MacDonald Chief Administrative Officer Working Together to Serve Our Communi~ Clerks Finance · Human Resoumes Information Systems Legal · Planning & Development Corporate Services Department Th- '~:~, -~ ~I\ . Clerk's Division , ,~ L, Ily U/ ~'~1~. 4310 Queen Street Niagara FallslJ~.~l~' P.O. Box 1023 Canada ~~ Niagara Falls, ON L2E 6X5 ~~ web site: ~.ci~.niagarafalls.on.ca Tel,: (905) 356-7521 Fax: (905) 356-7404 E-mail: dio~da~ci~.niagarafalls.on.ca CD-2003-20 Dean Iorfida City Clerk September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re'- CD-2003-20 Advance Polls - 2003 Municipal Election RECOMMENDATION: That Council pass a By-law appearing on this evening's agenda. BACKGROUND: Section 43 Subsection 1 of the Municipal Elections Act S.O. 1996 provides that Municipal Council shall pass a by-law establishing at least one day for an advance vote and the hours for voting on that date. Traditionally, the Municipal Elections Act had required two (2) advance polls and staff is recommending that Council continue the practice, holding two advance polls being on Tuesday October 28, 2003 and Saturday November 1, 2003, and that the hours of these advance polls be 10:00 a.m. to 8:00 p.m. at the Optimist Club, as indicated in the by-law. Council's concurrence with this recommendation is requested. Prepared by: Bill Matson Elections Assistant Respectfully submitted: Chief Administrative Officer Working Together to Serve Our Community Clerks Finance · Human Resources Information Systems Legal · Planning & Development Recommended by: Dean Io~ff~ City Clerk -2- CD-2003-20 Approved by: T. Ravenda Executive Director of Corporate Services Corporate Services Department T ..... .~,~ Clerk's Division .n,e Ul~/OT ~'~1~ 4310 Queen Street N,agara FallslJ~l~ P.O. Box 1023 n Niagara Falls, ON L2E 6X5 Ca ada ~~ .... Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca CD-2003-21 Dean Ioffida CityClerk September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2003-21 Hours Of Voting RECOMMENDATION: That Council pass a By-law appearing on this evening's agenda. BACKGROUND: The Municipal Elections Act S.O. 1996 allows for municipalities to set the hours of voting for the Municipal Elections. The hours set can be general as in municipality-wide or poll specific. Staffis recommending that, except for the polls being held specifically for nursing homes and retirement homes, that the hours of voting be set as they traditionally have been, from 10:00 a.m. - 8:00 p.m., as outlined in Schedule "A" to the bylaws. In addition to the traditional voting places, staff plan to provide voting places for a limited period of time at each of the retirement homes, nursing homes or chronic care facilities that meet the requirements of the Municipal Elections Act S.O. 1996. Having limited hours in these locations will provide for a more efficient use of election resources and manpower. The times and places are as outlined in Schedule "B" to the by-law. Prepared by: Bill Matson Elections Assistant Respectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance · Human Resoumes · Information Systems Legal · Planning & Development Recommended by: City Clerk Approved by: T. Ravenda Executive Director of Corporate Services -2- CD-2003-21 Corporate Services Department City et Legal Services NiQgQr(3 F(]llS~'~.~l~' 4310 Queen Street C(3n~ ,,~,,~,-rl~'~ P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ I ~ web site: www.city, niagarafalls.on.ca lei.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca L-2003-64 R, O. Kallio City Solicitor September 22, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-64 Lighthouse Niagara Resource Centre and The Corporation of the City of Niagara Falls Decision of Court of Appeal for Ontario Our File No. 2002-480 RECOMMENDATION: For the information of Council. BACKGROUND: Attached please find a copy of the Decision of the Court of Appeal for Ontario dated Septembarl 2, 2003. As you will note, the Court of Appeal dismissed the City's Appeal from the Order of Mr. Justice Feste~yga of the Superior Court of Justice dated August 8, 2002. The Decision upholds the Order of the Applications Judge, which granted the Application of Lighthouse Niagara for a declaration that the establishment of an "emergency youth shelter facility" in Niagara Falls is a permitted use within the General Commercial Zone under the definition of "Community Building". Working Together to Serve Our Community Clerks Finance · Human Resoumes Information Systems Legal Planning & Development September 22, 2003 - 2 - L-2003-64 PrepS/ P. Pingue ~ Assistant City Solicitor City Solicitor Respectfully submitted: John MacDonald Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services PP/jm Attach. DATE: 20030912 DOCKET: C38771 COURT OF APPEAL FOR ONTARIO FELDMAN, CRONK and ARMSTRONG JJ.A. BETWEEN: LIGHTHOUSE NIAGARA RESOURCE CENTRE Applicant (Respondent in Appeal) THE CORPORATION OF THE CITY OF NIAGARA FALLS Respondent (Appellant) Thomas A. Richardson and for the apl a SEP 1 5 2003 ACTION D~sc~ss INFO Paul A. Pi ~gue for the respondent (appellant) Heard: February 7, 2003 On appeal from the order of Justice William J. Festeryga of the Superior Court of Justice, dated August 8, 2002. ARMSTRONG J.A.: [1 ] This is an appeal from the order of Festeryga J. of the Superior Court of Justice (the "applications judge"). [2] The order of the applications judge granted the application of the respondent for a declaration that the establishment of an emergency youth shelter facility in Niagara Falls Page: 2 is a permitted use within the General Commercial Zone provisions of the zoning by-law of the appellant, the City of Niagara Falls, By-law No. 79-200, Comprehensive Zoning By-law, s. 8.2.1. BACKGROUND [3] The respondent is a not-for-profit organization, registered as a charity with Revenue Canada. Since the summer of 1998, the respondent has intermittently operated a drop-in centre at various locations in the City of Niagara Falls. [4] In 2001, the respondent decided that it wanted to establish an emergency youth shelter facility that would provide overnight accommodation for twelve people between the ages of sixteen and twenty-one. The emergency youth shelter was intended to supply the following additional services: (i) hot meals including dinner, breakfast and bag lunches at no cost; (ii) hygiene and household supplies at no cost; (iii) shower and laundry facilities at no cost; (iv) the provision of clothing and footwear at no cost; (v) emergency first aid at no cost; (vi) outreach seryices at no cost; (vii) educational upgrading, homework tutoring, computer training and job search assistance at no cost; and (viii) crisis intervention and referrals to other agencies at no cost. [5] The City opposed the establishment of such a facility on the ground that it was not a permitted use under the city zoning by-law, supra, s. 8.2. I. Page: 3 [6] The respondem brought an application pursuant to rule 14.05 (3)(d) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, which provides: 14.05(3) A proceeding may be brought by application where these rules authorize the commencement of a proceeding by application or where the relief claimed is, (d) the determination of fights that depend on the interpretation of a;..municipal by-law .... [7] The applications judge decided that the proposed emergency youth shelter facility is a "Community Building" as defined by the zoning by-law and is therefore a permitted use under the said by-law. THE ISSUES IN THIS APPEAL [8] The appellant raised the following issues in this apPeal: (a) Did the applications judge err in finding that the respondent's proposed emergency youth shelter facility is a Community Building as defined in the City's zoning by-law? (b) Did the applications judge err in determining that because the respondent's purposes are charitable, the respondent's proposed use fell withia,~the definition .of . a Community Building, as defined in the City's zoning by-law? (c) Did the applications judge err in granting the application on the basis that the appellant's failure to allow the proposed emergency youth shelter facility as of right would result in an injustice to the community? Page: 4 [9] The appellant also advanced as a further ground of apPeal in its factum whether the applications judge erred in making his decision when the question before him was academic because it relates to matters which might arise in the future. This ground of appeal was premised on the basis that there was no specific evidence as to a proposed However, in the argument before us, this location for the emergency youth shelter. ground of appeal was abandoned. ANALYSIS (a) Did the applications judge err in finding that the respondent's proposed emergency youth shelter facility is a Community Building as defined in the City's zoning by-law? [ 10] Section 2.15 of the zoning by-law defines Community Building as follows: "COMMUNITY BUILDING". means a building used for community activities including, but not so as to restrict the generality of the foregoing, arts, crafts, physical, social, charitable and educational facilities and not used for any commercial purpose. [11] The appellant submitted that sleeping is not a "community activity" when. considered in accordance with the ordinary meaning of the English language and is therefore not a permitted use. [12] The appellant argued that under s. 8.2.1. of the zoning by-law, permitted uses include a hotel and motel. Pursuant to s. 2.28, a hotel is a permitted use for the "temporary accommodation for travellers or transients on a year round basis". Pursuant to s. a motel is a permitted use "catering primarily to ~e travelling public by supplying overnight sleeping accommodation". [13] There is express reference to "accommodation" within the definition of hotel and express reference to "sleeping accommodation" within the definition of motel. The appellant contended that there is no express or implied reference in the definition of Community Building that permits overnight accommodation or sleeping use, whether for emergency purposes or otherwise. According to the appellant, when the city intended to make provision for sleeping accommodation in the by-law, it did so in express language. [14] The appellant also argued that another permitted use under the zoning by-law is a "Receiving Home" within the meaning of the Child Welfare Act, R.S.O. 1980, C: 6b, repealed. A Receiving Home was defined under the Child Welfare ~4ct as "an institution or home operated or supervised by a [children's aid] society for the temporary care of children." It is argued that if the city had intended to include an emergency youth shelter facility within the definition of Community Building, it would not have been necessary to . expressly name a Receiving Home as a permitted use. [15] The definition of Community Building states that it is "a building used for community activities". The list of specific community activities that follows is qualified by the language that such list is not "to restrict the generality of the foregoing". The specific items in the list are by way of example. Page: 6 [16] In my view, the appellant takes far too narrow an approach to the interpretation of the definition of Community Building under the by-law. To suggest that sleeping is not a community activity is to emasculate the intent of the zoning by-law. By adding overnight accommodation in combination with its many other services, the youth shelter is doing no more than providing an additional service to its list of community activities. (b) Did the applications judge err in determining that because the respondent's purposes are charitable, the respondent's proposed use fell within the definition of a "Community Building", as defined in the City's zoning by-law? [17] The applications judge concluded that the proposed emergency youth shelter fell within the definition of Community Building because it would be engaged in social and charitable community activities that are expressly provided for in the definition. [18] Counsel for the appellant argued that the respondent relied upon its status as a registered charity to bring itself within the definition of Community Building in the by- law. In particular, the appellant referred to the following answer given in cross- examination by Richard Brady, a professional planner retained by the respondent: Q. So I guess the question - - if you can please, if you could just direct me to the part o~' the definition suggesting the permitted [hostel] use then? The permitted [hostel] use is permitted by virtue of the fact it is being provided by a registered charity. [19] While Mr. Brady's affidavit also contained similar language, it is apparent that he believed that the proposed emergency youth shelter was a permitted use, based upon the Page: 7 nature of its proposed activities. His opinion was not based solely upon the fact that the respondent is a registered charity. [20] I also note that Alex Herlovitch, the Deputy Director of Planning and Development for the City of Niagara Falls, testified in cross-examination as follows: Q. Would you agree that a shelter for homeless youth is a charitable purpose? A. Yes, I would. Woul.d YOU agree that it !sals0 a social purpose? · A. It fulfills a social need. Would you agree that the relief fi.om poverty generally is a charitable function? I would, I would say that that has often been part of what our society attempts to do is to [alleviate] the conditions of human beings. That's a very well put statement. Would you agree with me that applies too to the removal of homeless people fi.om the streets or providing accommodation for people fi.om the street? I would say that putting people into decent and good and affordable housing is certainly an objective of any segment of the population and there may be some groups which mm their attention to provide those facilities. Ok~/y. W6Uld ~°u agree With me that ;the provision of emergency shelter for those same people is also a charitable use? It could be a charitable use. It's, it's a -- the use is actually a shelter providing accommodation is -- you know, for the -- getting people off the streets is -- doesn't necessarily need to be a charity. Page: 8 Well that's why I've posed my last questions to you, Mr. Herlovitch in the way I have. I haven't asked you about the organization. You're right, the Humane Society would be classified as a charitable organization for tax purposes. What I've asked you several times and I'll ask you one more time is, would you agree with me that the provision of care for the homeless people is a charitable act? It, it is an act of charity, yes. [21] Having referred to the above evidence, I note that while the evidence of professional planners is often useful in providing background information in cases such as this, their opinions are not determinative of the issue before the court. [22] In the law of wills and trusts, one can find many cases that define the words, "charity" and "charitable". In Re Levy Estate (1989), 58 D.L.R. (4th) 375 (Ont. C.A.) at 377, Blair J.A. said: The words "for charitable purposes" and "charity" have acquired a technical meaning. A brief description of the development of the legal definition of charity will assist in the understanding of the issue in this case. A long list of then recognized charitable purposes was set out in the preamble to the Statute of Charitable Uses, 1601, 43 Eliz. I, c. 4, usually referred to as the Statute of Elizabeth. This list was elaborated by judicial decisions in the centuries that followed and ultimately a comprehensive definition ,of legal charity was propounded by Lord Macnaghten in Corn 'rs for Special Purposes of Income Tax v. Pernsel, [1891] A.C. 531 (H.L.) at p. 583: "Charity" in its legal senge comprises four principal divisions: trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to Page: 9 the community, not falling under any of the preceding heads. [23] In my view, the emergency youth shelter with its sleeping accommodation is proposed for a purpose beneficial to the community. Whether or not one relies upon the legal definition of Lord Macnaghten, it is clear that the establishment of the proposed emergency youth shelter is a charitable activity falling squarely within the plain language that defines Community Building in the zoning by-law. I see no error in the reasons of the applications judge in this respect. (c) Did the applications judge err in granting the application on the basis that the appellant's failure to allow the proposed emergency youth shelter facility as of right would result in an injustice to the community? [24] After concluding that the proposed emergency youth shelter involved the provision of social and charitable community activities, the applications judge made the following observation: Not to allow the application would do the community an injustice. This conclusion, in my view, is also justified when the words of the by-law are given their ordinary and natural grammatical meaning. [25] The appellant submitted that if the court should determine that the proposed emergency youth shelter does not fall within the definition of Community Building, the respondent would be entitled to make an application to amend the by-law. The appellant pointed out that the record contains reference to three shelter facilities in the City of Niagara Falls that were permitted as a result of site-specific rezoning applications. Since Page: 10 this. other avenue of approach was available to the respondent, it could not be said that any injustice would be visited on the respondent should the court deny its application. [26] In my view, the above comments concerning a possible injustice were obiter dicta. They are not essential to the ratio decidendi. They appear to have been spoken as an afterthought. Even assuming that they formed part of the basis for the applications judge's decision, it is clear that his decision is supportable on the basis that the proposed facility falls within the plain language of the zoning by-law and its definition of Community Building. I would therefore not give effect to this ground of appeal. CONCLUSION [27] In the result, I would dismiss the appeal. COSTS [28] I would award the respondent its costs of the appeal on a partial indemnity basis, fixed at $8,500 including Goods and Services Tax and disbursements. RELEASED: SEP 1 2 20O3 The City of Niagara Falls, Ontario Council Chambers No. September 22, 2003 Moved by Alderman Seconded by Alderman WHEREAS the Provincial government introduced the Ontario Transit Renewal Program in 2002; and WHEREAS the program creates a partnership that will assist municipalities in replacing and refurbishing existing transit fleets; and WHEREAS Niagara Transit requires a bus replacement program for its aging fleet; and WHEREAS the Corporation of the City of Niagara Falls is entitled to 1/3 of replacement and refurbishment costs under the Ontario Transit Renewal Program. NOW THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for an accessibility bus in the amount of $24,287.00. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA CITY CLERK WAYNE THOMSON MAYOR