2016/12/13 Niag ara a11s
CANA !)
COUNCIL MEETING
December 13, 2016
0 Canada to be sung by Maia Pavone
ADOPTION OF MINUTES: Council Minutes of October 25, 2016
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/ DEPUTATIONS 5:00 P.M.
Winter Festival of Lights/ Canada 150 Committee
Tina Myers, Executive Director for the Winter of Festival of Lights will speak to
Council regarding budget requests for her organization and the Canada 150 initiatives.
Niagara District Airport Commission
James Detenbeck, Airport Commission Treasurer, will address Council on the
Airport's 2017 budget request.
NRPS Matters
Inspector James (Jim) McCaffery, 2 District Commander, Niagara Falls, Niagara
on the Lake, Casino Patrol Unit will introduce himself to Council.
Volunteer Recognition
Don Johnson, noted community volunteer, will be recognized by the Mayor.
Rangers Soccer Team
The N-O-T-L Rangers U13 Soccer Team, made up primarily of Niagara Falls
residents will be recognized for their Ontario Cup Championship.
1
REPORTS
R&C-2016-16 — Artificial Turf Field Proposals
* * * * *
PLANNING MATTERS 6:30 P.M.
Public Meeting:
261-11-2016-002 & AM-2016-017
Warren Woods Estates Phase 4 Stage 2 Draft Plan of Subdivision and Official Plan and
Zoning By-law Amendment Application.
7983-8003 Montrose Road
Owner: 1340258 Ontario Inc. ( Robert O'Dell — Managing Partner)
Agent: Upper Canada Consulting ( Jennifer Vida)
Background Material:
Recommendation Report: PBD-2016-59
-AND-
Correspondence from Thomson Rogers Lawyers
* * * * *
Public Meeting:
AM-2015-011, Official Plan and Zoning By-law Amendment Application
4536 and 4552 Portage Road
Applicants: Sleek Developments Inc. and APR Investments
Agent: Jennifer Vida, Upper Canada Consultants
Proposal: Proposed 96 Unit Townhouse Development
Background Material:
Recommendation Report: PBD-2016-60
-AND-
Correspondence from Broderick & Partners
Correspondence from Niagara Industrial Mall Ltd.
Correspondence from OLEO Energies Inc.
Correspondence from Paisley Janvary-Pool
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* * * * *
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN
ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE
RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET.
THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT
ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA
TO BE CONSIDERED SEPARATELY.
BDD-2016-02 — Former CP Rail Bridge Demolition Agreement
F-2016-45 — Approval of Interim 2017 Spending Limits
F-2016-47 — Municipal Accounts, June 11-22, 2016
FS-2016-07 — Fire Department Establishing and Regulating By-law
MW-2016-50 — Niagara Falls Lions Club — Fee for Service Agreement
PBD-2016-61 — AM-2012-002, Zoning By-law Amendment Application, 6015 Barker
Street, Applicant: City of Niagara Falls. Removal of Holding (H) Regulation
PBD-2016-62 — Endorsement of the Phase 1 Summary Report Niagara GO Hub and
Transit Stations Study
PBD-2016-63 - New Windows City Hall —4310 Queen Street
TS-2016-41 — Cattell Drive Speed Control Review
TS-2016-44 — Pattison Industries Extension Agreement
* * * * *
MAYOR'S REPORTS, ANNOUNCEMENTS
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* * * * *
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Crime Stoppers of Niagara — requesting that the Crime Stoppers flag be flown
during the month of January.
RECOMMENDATION: For the Approval of Council.
2. Regional Illegal Dumping Working Group — requesting endorsement of a
Memorandum of Understanding with Crime Stoppers.
RECOMMENDATION: For the Approval of Council.
3. Canada Summer Games 2021 — requesting staff execute a non-binding
Memorandum of Understanding related to use of two of the municipality's facilities.
RECOMMENDATION: For the Consideration of Council.
4. Fallsview B.I.A. — requesting that funding be allocated in the 2017 Capital Budget
for municipal contribution to their Gateway Feature project.
RECOMMENDATION: For the Consideration of Council.
5. Wayne Gates, M.P.P. — requesting that a gravestone be erected to recognize the
Unknown Soldier at Fairview Cemetery.
RECOMMENDATION: For the Consideration of Council.
6. A.M.O. — requesting support on a resolution related to Federal Infrastructure
Phase 2 incremental requirements.
RECOMMENDATION: For the Consideration of Council.
7. Regional Municipality of Niagara — requesting support of a Niagara Regional
Labour Council request calling on the Federal government to institute a
comprehensive ban on asbestos.
RECOMMENDATION: For the Consideration of Council.
8. City of St. Catharines — requesting support of a resolution calling for sustainable
funding support for Child Advocacy Centres, notably the Kristen French Child
Advocacy Centre.
RECOMMENDATION: For the Consideration of Council.
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9. City of St. Catharines — requesting support of a resolution to the Premier calling
for an investigation into the Niagara Peninsula Conservation Authority.
RECOMMENDATION: For the Consideration of Council.
10.Peter Merola — correspondence related to ponding issues on his property..
RECOMMENDATION: Refer to Staff for a report..
Additional items for Council's Consideration:
The City Clerk will advise of any items for council consideration.
UNFINISHED BUSINESS/ RESOLUTIONS
THEREFORE BE IT RESOLVED that Niagara Falls City Council indicates that it did not
formally commit $10 million under the FedDev application, as part of a proposed
partnership with Ryerson University; and
FURTHER BE IT RESOLVED that any future partnership proposals that require the
commitment of taxpayers money be debated in an open Council meeting.
* * * * *
RATIFICATION OF "IN CAMERA' MATTERS (NOV. 25 SPECIAL MEETING)
* * * * *
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by-law listed for Council consideration.
2016-128 A by-law to amend By-law No. 2013-26 which amended By-law No. 79-200,
to remove the holding symbol (H) on the Lands shown as Part 3 on
Schedule 1, to permit the use of the Lands for parking (AM-2012-002).
2016-129 A by-law to establish and regulate a Fire Department
2016-130 A by-law to amend By-law No. 80-114, being a by-law to designate private
roadways as fire routes along which no parking of vehicles shall be
permitted.
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2016-131 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited, Limited Parking)
2016-132 A by-law to authorize the execution of an Extension of Agreement with Jim
Pattison Industries Ltd., carrying on business as Pattison Outdoor
Advertising, respecting the extension of an Agreement for the provision and
maintenance of bus shelters in Niagara Falls, together with the installation
of advertising thereon.
2016-133 A by-law to authorize the execution of a Fee for Service Agreement with
Lions Club of Niagara Falls (Ontario), Canada Inc.
2016-134 A by-law to authorize the execution of a Fourth Amendment to the
Agreement of Purchase and Sale between the Ontario Lottery and Gaming
Corporation and The Corporation of the City of Niagara Falls, and The
Canada Southern Railway Company and its lessee, CNCP
Niagara-Windsor Partnership and The Niagara River Bridge Company.
2016-135 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
2016-136 A by-law to authorize the payment of $4,514,258.99 for General Purposes.
2016-137 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 13th day of December, 2016.
* * * * *
NEW BUSINESS
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Maia Pavone is in grade 5 at Forestview Elementary School in Niagara Falls. She loves
to sing, is currently taking her fourth year of vocal lessons with Sandra Mason and
completed her grade 1 Royal Conservatory Voice Exam last January. She has sung
with the Forestview Elementary Showcase Choir since grade 1 and appeared in her
school's performance of Seussical as "Thing 1" in 2015. When she is not singing, you
can find Maia playing travel soccer, tumbling at the Tiger's cheerleading gym and taking
swimming lessons at the YMCA. She is excited and honoured to be singing our
national anthem for you today.
Dean Iorfida
From: Tina Myers <Tina@wfol.com>
Sent: Monday, November 21, 2016 9:16 AM
To: Carey Campbell; Chris Dabrowski; Dean Iorfida
Subject: Council December 6th
Good Morning Dean,
I just wanted to confirm that the Winter Festival of Lights and the Canada 150 Committee are both on the agenda for
December 6th for budget requests for council.
Cheers,
Tina
Tina Myers
Executive Director
Ontario Power Generation Winter Festival of Lights
Scotiabank Convention Centre
6815 Stanley Avenue, Niagara Falls L2G 3Y9
Phone: 905-374-1616 ext. 5301
Cell: 905-351-0728
www.WFOL.com
MAKE IT YOUR WINTER TRADITION - November 19, 2016-January 31, 2017
Please consider the environment before printing this email.
This information is intended only for the use of the individual to whom,or entity to which,it is addressed and may contain information that is privileged,confidential
and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act.If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this
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1
Dean Iorfida
From: Len 0 Connor <loconnor@niagaradistrictairport.ca>
Sent: Monday, December 05, 2016 3:52 PM
To: Dean Iorfida
Cc: Ken Todd; Todd Harrison;James Detenbeck
Subject: Re: Niagara Falls City Council Meeting, December 13th
Hi Dean
All is good, thanks. The Airport budget at your council on Dec. 13th will be presented by James Detenbeck,Airport
Commission Treasurer. I will also be there. As for the presentation, we will send it to you as soon as its completed.
Thanks
Len 0 Connor I Airport Manager I Niagara District Airport
468 Niagara Stone Road, Niagara on the Lake,Ontario, LOS 1J0 I Tr 905-684-7447 ext. 11 I ® loconnor@niagaradistrictairport.ca I Al 905-684-
2433 I www.niagaradistrictairport.ca
Confidentiality Notice:This email correspondence(including any attachments)may contain information which is confidential and/or exempt from disclosure under applicable law,and is
intended only for the use of the designated recipient(s)listed above. Any unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient,or have otherwise
received this message by mistake,please notify the sender by replying via email,and destroy all copies of this original correspondence(including any attachments). Thank you for your
cooperation.
Please consider the environment before printing this email.
From: Dean Iorfida <diorfida@niagarafalls.ca>
Date: Monday, December 5, 2016 at 3:11 PM
To: Len 0 Connor<loconnor@niagaradistrictairport.ca>
Cc: Kenn Todd <ktodd@niagarafalls.ca>,Todd Harrison <tharrison@niagarafalls.ca>
Subject: Niagara Falls City Council Meeting, December 13th
Hi Len:
Hope all is well,
Speaking to our CAO, I understand that a representative from the NDAC will be addressing NF City Council at our next
meeting.
The meeting is Tuesday, Dec. 13th. We will be scheduling the item early in our agenda, so if the rep can be there for 5:00
p.m.
If possible, if you can let me know who will be speaking and send me any background materials that the Council should
have beforehand.
Thanks
Dean
Dean Iorfida, City Clerk
City of Niagara Falls
1
Dean Iorfida
From: Carey Campbell
Sent: Saturday, October 15, 2016 11:51 AM
To: Dean Iorfida; Kristine Elia; Kathy Moldenhauer; Geoff Holman
Cc: Kevin McPhillips
Subject: recognition of Don Johnson at City Council
This request was called in by Wayne Thomson:
Don Johnson
Will be 90 in December 27th
Friends had a party that Councillor Thomson attended at his house in the summer, and Johnson's particular care,
maintenance, and concern for the upkeep at the park named in his honour was noted. Councillor Thomson wanted to
highlight his community service and dedication to the community for more than 40 years.
Dean,
Could we please put this on the Council Agenda on December 13th?
Mayor's Office will take care of the gift/ presentation and with connecting with Don.
Kathy,
Perhaps you'd like to share with your relevant staff(their committees as well as Volunteer Rec (not sure if this is a
duplicate recognition)) and perhaps can assist with the write-up/ recognition.
Geoff,
As his service is around park maintenance,just wanted to bring you in to the loop as well.
Thank you.
carey
1
Dean Iorfida
From: Lori Albanese
Sent: Monday, October 03, 2016 10:38 AM
To: Dean Iorfida
Cc: Kathy Moldenhauer
Subject: FW: Niagara-on-the-Lake Rangers Soccer Team - Ontario Cup Champions
Hi Dean,
I received the team information from Coach Matthew Hahn, of the U13 Niagara-on-the-Lake Girls Rangers Soccer Team
that won the Provincial Championship. See below.
10 of the 19 players are from Niagara Falls.
How would you like to proceed?
Thanks
Lori
From: Matthew Hahn [mailto:
Sent: Saturday, October 01, 2016 3:55 PM
To: Lori Albanese
Subject: Fwd: Niagara-on-the-Lake Rangers Soccer Team - Ontario Cup Champions
Hey Lori,
Daniela Mitrovic has passed on your email to myself and asked me to get into contact with you. My name is
Matt Halm and I am the head coach of the U13 Girls team from Niagara that recent won the Provincial
Championship. Please let me know what I can help you with. You can reach me here or via my cell phone
(905) 931-0443. As per which players are from NF the list is below. As you can see more then half of the
players are from Niagara Falls. Thanks again for your help in recognizing these girls and their amazing
accomplishment.
1 MILLS, Payten
4 MITROVIC, Kasandra
8 BEREZOWSKI, Stella
11 DAVIDSON, Allie
12 ZUMPANO, Arianna
13 BROWN, Logan
14 GREATRIX, Rylan (Captain)
1
15 TANASI, Nicole
22 CAPITANO, Reese
27 MACLEAN, Maia
Cheers Matt Hahn
Forwarded mess
From: Daniela Mitrovic <
Date: Fri, Sep 30, 2016 at 5:00 PM
Subject: Fwd: Niagara-on-the-Lake Rangers Soccer 'learn - Ontario Cup Champions
To: Matt Hahn<coachmatthahn@gmail.com>
Hi Matt
I received this email below from a friend of mine on city council
Can you see below and get in contact with her
Thanks!
Sent from my Samsung device
Original message
From: Lori Albanese <lalbanese@niap.arafa>>'
Date: 2016-09-30 4:49 P'
To: 'Daniela Mitrovic' <
Subject: Niagara-on-the-Lake Rangers Soccer Team - Ontario Cup Champions
HI Daniela,
I hope all is well. Congratulations to your daughter on her recent Ontario Cup! I am hoping you can help me.
I have received the information below on your daughter's soccer team and have been told that more than half of
the players are from Niagara Falls. City Council may wish to recognize them at a future Council meeting. Are
you able to put me in touch with the Coach and also let me know which players are from Niagara Falls?
Here is the info I received:
2
The Niagara On The Lake Rangers recently captured the Ontario Cup. Very few Niagara Region teams, boys or
girls, have captured the Cup in its History. Advancing out of the preliminary rounds earlier in the summer, the
Rangers defeated Erin Mills 3-lin the quarterfinal game on August 7th, defeated Ancaster 5-2 in the August
27th Semi Final and won Gold defeating Windsor 2-0 in the final played September 17th.
The Rangers play their league games in the U13 boys loop, won every tournament they entered in 2016
including playing in u145 events.
The Ontario Cup, the Provincial Soccer Championship, is the largest competition of its kind in Canada. One of
the oldest sporting events in the country, the Ontario Cup was first staged in 1901 and has operated
continuously, with the exception of the World War II period.
Each year, 12,000 athletes from all across the province compete for the Championship. The competition
commences in May, with more than 600 teams drawn into either a Knock-Out round or a Round-Robin style
tournament. Host venues are chosen for the Semi-Finals held in August. The cup tournament culminates with
the Final Round hosted at the Soccer Centre in Vaughan,
The Niagara On The Lake Rangers roster is below and have girls from various areas throughout the Region, but
OVER HALF THE PLAYERS ARE FROM NIAGARA FALLS.
1 MILLS, Payten
2 SCHUSTER, Krysten
3 MAROUDAS, Demi
4 MITROVIC, Kasandra
5 BEAUDOIN, Reanna
6 ROBERT RAMOS, Tess
7 ROYER, Avery
8 BEREZOWSKI, Stella
9 PETERS, Sheridan (Captain)
10 DEGROOT, Indy
3
11 DAVIDSON, Allie
12 ZUMPANO, Arianna
13 BROWN, Logan
14 GREATRIX, Rylan (Captain)
15 TANASI, Nicole
17 SOLOMEN, Eileen
18 MIDGLEY, Parker
22 CAPITANO, Reese
27 MACLEAN, Maia
Head Coach Matt Hahn
Assistant Coach Mike Mitrovic
Goalie Coach Andy Maroudas
Goalie Coach Mel Bajic
Thank you
Lori
Lori Albanese
Community Development Coordinator
City of Niagara Falls, Recreation & Culture
MacBain Community Centre
4
R&C-2016-16
Niagara,Falls December 13, 2016
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Recreation & Culture
SUBJECT: R&C-2016-16
Artificial Turf Field Proposals
RECOMMENDATION
1. It is recommended that the construction of an artificial turf field in partnership with
NCDSB and Niagara Falls Soccer Club at EE Mitchelson Park be referred to the
2017 capital budget process.
2. Negotiate with the NCDSB and NF Soccer Club user agreements.
3. Continue to explore possible partnerships with the DSBN.
EXECUTIVE SUMMARY
At the October 25, 2016, City Council meeting, report R&C-2016-15, Athletic Fields
Update was approved. The approved recommendations directed staff to enter into
negotiations with both DSBN and NCDSB to develop a Memorandum of Understanding
(MOU) to construct an artificial turf field at AN Myer School and at EE Mitchelson
Park/St. Paul School. Additional motions directed staff to work in a true partnership with
the DSBN to contribute to a facility that meets community needs and includes a multi-
purpose field for football, baseball, soccer and rugby; and to include the Mayor and
councillors (2) in the negotiations with school boards related to athletic fields to ensure
the community and school boards needs are being met.
During the month of November the Mayor and City staff met with the DSBN and the
NCDSB to discuss possible artificial turf projects to develop terms for an agreement.
The DSBN informed the negotiating team a multipurpose artificial turf field, 8 lane track
and field event areas will be constructed on the school property. DSBN based their
decision to include an eight lane track and not a baseball diamond on the current and
future athletic needs of AN Myer students and staff.
Staff will continue to explore partnerships in the future with the DSBN including outdoor
tennis/basketball courts, playing fields and senior lit baseball diamond on DSBN
property.
2
R&C-2016-16
December 13, 2016
The NCDSB support constructing an artificial turf field on field #1 at EE Mitchelson Park
spring/summer 2017. City staff will be responsible for coordinating the capital project,
allocating, staffing and maintaining the field.
BACKGROUND
The City of Niagara Falls' Strategic Plan for Parks, Recreation, Arts & Culture (2007)
identified the benefits of developing an artificial turf multi-purpose to achieve long term
savings in field maintenance costs, and increase in sport participation including
tournaments. A main area of concern over the years, and one faced by outdoor sports
fields is that of damage to the turf as a result of overplay and cancelled games due to
wet field conditions. The installation of outdoor artificial turf sports fields is becoming
more popular with sports groups and municipalities as a means to address the issues of
field damage, lack of high-end practice facilities and cancellation of games due to wet
conditions. Studies have shown that there are a number of benefits, not the least of
which is the significant reduction in field maintenance and costs over the life span of the
artificial turf field. An artificial baseball field was not identified in the 2007 Strategic
Plan.
September 2008, the City opened the first artificial turf field at Kalar Road Soccer
Complex, home of Niagara United Soccer Club. The artificial turf field is open weather
permitting, mid-March to early December. Utilization is almost at capacity during prime
time in the spring pre-season and around 80% during the fall season. Based on the
utilization levels, a second field is recommended.
To better serve the needs of the entire community and to provide a fair geographic
distribution of similar artificial turf fields, a north end location is recommended in the
Update to the Strategic Plan (2012). The proposed field will be designed as a multi-
purpose field to serve the needs of football, rugby, soccer and other field users on
existing City owned parkland.
ANALYSIS/RATIONALE
The Parks, Recreation, Arts & Culture Strategic Plan Update recommend a second
artificial turf field be built in the north end. The plan does not mention the need for an
artificial turf baseball diamond. Staff met with GNBA to discuss the need for an artificial
diamond. GNBA ball season runs early May to early September. Based on current
needs the organization does not recommend the City construct or partner with the
DSBN to build an artificial turf diamond. The Club's preference is to construct a new
senior ball diamond with lighting at a City park.
The proposed artificial turf field at EE Mitchelson Park, soccer field #1 meets the site
location criteria developed during the Strategic Plan Update process.
3
R&C-2016-16
December 13, 2016
✓ North end location
✓ Potential partnerships — NCDSB and NF Soccer Club
✓ Availability of funding- City, NCDSB and NF Soccer Club
✓ Support from stakeholders, community — NF Soccer Club
✓ Proximity to schools to encourage daytime utilization — St. Paul High School
✓ Range of field sports that can be accommodated — soccer, football, rugby, etc.
✓ Accessibility to general population, access to transit, area of growth
✓ Existing supporting infrastructure, washrooms/change rooms, seating
✓ Availability of parking, traffic issues — already on site
✓ Available lighting, impact of field lighting if required — on site
✓ Geographic distribution of similar artificial turf projects
✓ Geo-technical condition of site, build ready - prepared
✓ Size of available site — enough land
✓ Land ownership — City of Niagara Falls
Longstanding field agreements (1994-2019) exist with the NCDSB and the NF Soccer
Club to utilize field #1 at EE Mitchelson Park.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The estimated cost to build an artificial turf field is approximately one million dollars
dependent upon the required amenities. Potential partnerships with NCDSB and NF
Soccer Club will provide 50% of the required capital budget funding. The anticipated
time line for this project is to start construction mid — June with a completion date of
September 2017.
CITY'S STRATEGIC COMMITMENT
Strategic Priority, A Vibrant and Well planned City, Key Action: Continue to implement
the recommendations from the 2007 Strategic Plan for the Provision of Parks,
Recreation, and Arts & Culture.
ATTACHMENTS
1. Niagara Falls Soccer Letter of Support
2. Niagara Catholic District School Board Letter of Support
Recommended by: �/6()-(A ile&
Kathy Moldenhauer, Director of Recreation and Culture
Respectfully submitted: ______ ItAL
Ken Todd, Chief Administrative Office
H[ NIAGARAFALLs
1socc __ RcLuB
3800 Springdale Ave . Niagara Falls,ON . L2J 4j3
(905) 374-4040 . Fax(905)374-3018
nIsg?fJ e �rI ai1.coni www.nfsc.ca
December 2016
Attention: Kathy Mouldenhauer
RE: Niagara Falls Soccer Club and Saint Paul Catholic High School ("Saint Paul")
Turf Field Proposal
The purpose of this letter of intent (this "Letter") is to confirm the commitment of the Niagara Falls Soccer
Club ("NFSC-) in partnering with the Niagara Catholic District School Board to the Turf Field project.
We understand that the Niagara Catholic District School Board (the "Board-) is desirous of replacing the
Michelson #1 grass field directly behind Saint Paul with an artificial multi-purpose turf field by as soon as
March of 2017 (the "Project"). We further understand that Michelson #1 consists of lands partially owned br
the Board and partially owned by the City of Niagara Falls (the "Cite") at an estimated cost in the range of
580,000 to 51,000,000.
Subject to the above, the parties hereto agree to the following:
1. NFSC will contribute a maximum of $200.000 towards the Project or 20% of the cost of the Project
subject to paragraph 2 below.
2. NFSC, in accordance with the agreement between the NFSC and the Cite dated March 27th. 1994.
receive priority usage of Michelson Park Field I when not used by the Board for athletic games with no
applicable user fees and would extend the agreement with the City for Michelson Park for a time period
equal to the expected life of the turf field.
3. NFSC, the Board and the City form an Operations Management Committee to oversee the current and
future operations and maintenance of the turf field.
DATED: December 2°`,2016 ;`
NFSC Tim Chamberlain. President
r r�r _>
114
NIAGARA CATHOLIC
DISTRICTS HQ0L BOARD
Wednesday, December 7th, 2016
Attention: Kathy Moldenhauer, Director of Recreation & Culture for the City of Niagara Falls
Re: Niagara Catholic District School Board Artificial Turf Field Proposal at Mitchelson Field 1
Over last number of months we have engaged in dialogue with you and members of her staff regarding
revisions to our current service level partnership agreement between the City of Niagara Falls and the
Niagara Catholic District School Board for our shared property at Mitchelson Field One and Saint Paul
Catholic High School.
As you are aware, the City of Niagara Falls and the Niagara Catholic District School Board have
enjoyed a very successful formal partnership agreement that has spanned more than twenty-two (22)
years since our original signing on March 24th, 1994. The impetus for our meetings has been to engage
our partner, the City of Niagara Falls, in a capital construction of a new artificial turf field at
Michelson Field One and Saint Paul Catholic High School.
The purpose of this letter of intent is to confirm the commitment of the Niagara Catholic District
School Board to commence work on a new service level agreement and a revised partnership
agreement with the City of Niagara Falls and the Niagara Falls Soccer Club.
We understand that the Niagara Falls Soccer Club (NFSC) has committed a maximum contribution of
$200,000 towards the project or 20% of the cost of the project to replace the natural grass to artificial
turf at Mitchelson Field One on our shared property at Saint Paul Catholic High School.
In addition, the Niagara Foundation for Catholic Education has contributed $200,000 to the project
bringing the total financial commitment through the Foundation, the Niagara Falls Soccer Club and the
Board to $500,000,which will be matched by the City of Niagara Falls to complete this capital project.
Subject to the above, Niagara Catholic District School Board agrees to the following:
1. Niagara Catholic District School Board and the Niagara Foundation for Catholic Foundation
will contribute up to a maximum of$300,000 towards the project or 30%of the capital project.
- 2
427 Rice Road,Welland,Ontario L3C 7C1
Telephone 905-735-0240 Facsimile 905-734-8828 Email: info(ncdsb.com
www.niagaracatholic_ca
John Crocco,Director of Education 1 Secretary Treasurer
2
2. This $300,000 commitment will be subject to a new service level agreement by all parties
which will build on the current partnership agreement and the joint Operations Management
Committee structure.
3. Niagara Catholic District School Board will be fully engaged in the planning and approved
design of the new artificial turf field with the City of Niagara Falls to replace Michelson Field
One at Saint Paul Catholic High School by September 2017.
With the capital commitment of $500,000 from the City of Niagara Falls, the additional $500,000
previously secured for project, a revised partnership agreement and new service level agreements
between the Niagara Catholic District School Board and the City of Niagara Falls, we believe that this
provides the capital and structure to construct and provide ongoing operations of a new artificial turf
field at Saint Paul Catholic High School by September 2017, or sooner.
We look forward to further nurturing our current partnership to service the students and community
between the Niagara Catholic District School Board and the City of Niagara Falls.
Sincerely,
John Crocco G' ncarlo Vetrone
Director of Education& Superintendent of
Secretary Treasurer Financial
&Business Services
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PBD-2016-59
December 13, 2016
Niagaraaalls
C NADA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2016-59
26T-11-2016-002 & AM-2016-017
Warren Woods Estates Phase 4 Stage 2 Draft Plan of
Subdivision and Official Plan and Zoning By-law Amendment
Application
7983 — 8003 Montrose Road
Owner: 1340258 Ontario Inc. (Robert O'Dell - Managing Partner)
Agent: Upper Canada Consulting (Jennifer Vida)
RECOMMENDATION
1. That the Warren Woods Estates Phase 4 Stage 2 Plan of Subdivision be draft
approved subject to the conditions in the attached Appendix A.
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged.
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council.
4. That the application to amend the Official Plan (Garner South Secondary Plan) and
Zoning By-law be approved as detailed in this report.
5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement
and any required documents to allow for the future registration of the subdivision
when all matters are addressed to the satisfaction of the City Solicitor.
EXECUTIVE SUMMARY
1340258 Ontario Inc. has applied to subdivide 5.02 hectares of the lands known as 7983 -
8003 Montrose Road into 76 lots for single detached dwellings, 7 blocks for 39 townhouse
dwelling units, and 2 blocks for a park and wildlife corridor. The developer has applied to
amend the Official Plan to place the entire subdivision under a Medium Density
Residential designation, permit single detached dwellings under this designation and to
redesignate a small portion of land north of the subdivision from Medium Density
Residential to Open Space. The developer has also applied to amend Zoning By-law No.
79-200 to provide the necessary regulations to permit the proposed dwellings, to place
lands to the north of the subdivision under Environmental Protection Area and Open
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Space zones, and to place a holding (H) provision on Light Industrial zoned lands to the
east. Planning staff recommends the applications, for the following reasons:
• The proposal complies with Provincial and Regional policies with respect to
achieving minimum density targets in a Greenfield Area;
• placing the entire subdivision under a Medium Density Residential designation and
permitting the development of single detached dwellings, will reduce potential land
use conflicts with employment lands and provide housing options while still
meeting density targets;
• redesignating about 1 hectare of the land north of the subdivision from Medium
Density Residential to Open Space will acknowledge that the lands are not to be
developed for housing, but rather to be part of the neighbourhood open space
system;
• the proposed zoning regulations for the subdivision will facilitate compact form
while maintaining an appropriate level of functionality for residential use;
• rezoning the wetlands to the north of the subdivision to Environmental Protection
Area (EPA) will protect these natural features. Rezoning the land between these
features Open Space (OS) will identify that they are to be used for recreational
purposes.
• Placing a holding (H) provision on the Light Industrial zoned lands to east of the
subdivision, until applications to permit the proposed live-work units on this area
are advanced, will assist in preventing land use incompatibilities between
employment and residential uses.
The conditions of draft plan approval, which address servicing, parkland dedication,
fencing, utility installation, and all other matters related to the development of the
subdivision, are listed in Appendix A.
BACKGROUND
Proposal
1340258 Ontario Inc. has applied to subdivide 5.02 hectares of a 24 hectare parcel
located on the north side of Brown Road, west of Montrose Road, known as 7983-8003
Montrose Road (see Schedule 1). The proposed Draft Plan of Subdivision is located to
the east of the registered Warren Woods Phase 4 Stage 1 plan of subdivision and
consists of 76 lots for single detached dwellings, 7 blocks for 39 on-street townhouse
dwelling units, a 0.25 hectare community park and a block for a wildlife corridor.
Schedule 2 shows the design of the proposed plan of subdivision.
1340258 Ontario Inc. has also submitted an application to amend the City's Official Plan
and the Zoning By-law (AM-2016-017). The lands are designated Medium Density
Residential, in part, which is to provide for on-street and block townhousing, and
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apartment buildings, and Employment, in part, which is to provided various types of
employment uses, in accordance with the Garner South Secondary Plan (Official Plan
Amendment No. 99). To address a discrepancy in mapping, a number of schedules,
figures and appendices of the Garner South Secondary Plan are requested to be
amended to place the entire subdivision, shown on Schedule 2, under a Medium Density
Residential designation. The requested amendment would also permit single detached
dwellings on the lands. In addition, a small pocket of Medium Density Residential
designated lands located to the north of the subdivision, located between the lands
intended to be protected for environmental reasons, is requested to be redesignated
Open Space.
The lands are zoned Light Industrial (LI), in part, and Hazard Land (HL), in part, in
accordance with Zoning By-law No. 79-200. The applicant is requesting the zoning be
changed to site specific Residential Single Family IF Density (R1 F), in part, to permit the
proposed single detached dwellings, site specific Residential Mixed (R3), in part, to permit
the proposed on-street townhouse dwelling units, and Open Space (OS), in part, to permit
the proposed park and wildlife corridor. In addition, the portion of the parcel located north
of the subdivision containing Provincially Significant Wetlands is requested to be rezoned
Environmental Protection Area (EPA), in part, and Open Space (OS), in part, to comply
with existing and requested Official Plan designations. Further, the portion of the lands
zoned LI to the east of the subdivision is requested to be placed under a holding (H)
provision until development proposals for this area are approved, to ensure development
complies with Official Plan policies and land use compatibility with adjacent residential
uses is maintained.
Originally the proposed subdivision had 5 road connections to Brown Road. The
subdivision was redesigned to its current configuration (2 connections onto Brown Road
with a single loaded crescent flanking Brown Road) after discussions with the City's
Transportation Services section.
Surrounding Land Uses
The lands subject to the subdivision were previously used for agriculture and are
generally flat. Lands to the east have also been used for agriculture. The lands to the
north consist of a wooded Provincially Significant Wetland and a small corridor of vacant
land that was likely farmed at one time. A vacant hydro corridor, owned by the Province
of Ontario (Hydro One Networks Inc.) abuts the Provincially Significant Wetland to the
north. To the west the Warren Woods Phase 4 Stage 1 subdivision is being developed.
To the south, on the south side of Brown Road, is another Provincially Significant
Wetland.
Circulation Comments
• Regional Municipality of Niagara (the Region)
No objections from a Regional or Provincial perspective. Requested
conditions are included in Appendix A and address archaeological, noise
impact, servicing and waste collection as well as required warning clauses.
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• Niagara Peninsula Conservation Authority (NPCA)
No objections, subject to the conditions included in Appendix A
• Hydro One Networks Inc. (Hydro One)
- No objections.
• Transportation Services
- Transportation Services supports the redesign to reduce the number of
connections onto Brown Road from 5 to 2 as it meets transportation design
guidelines and will reduce conflicts between residential traffic accessing the
subdivision and anticipated traffic accessing nearby employment areas.
Requested conditions included in Appendix A.
• Municipal Works, Parks Design, Fire Services, Enbridge Gas, Bell Canada, and
Canada Post
No objections. Requested conditions included in Appendix A.
• Cytec Canada Inc.
- Requests a warning clause be added to all purchase and lease agreements,
warning future residents of Cytec's manufacturing facilities.
Neighbourhood Open House
No adjacent land owners attended the neighbourhood open house on November 2, 2016
to hear about the proposal or offer comments.
ANALYSIS/RATIONALE
1. Provincial Policy Statement and Growth Plan
The applications are consistent with the Growth Plan and Provincial Policy
Statements as follows:
• the applications involve development of land within the urban boundary and
a Greenfield area;
• the proposed subdivision provides approximately 59 people and jobs per
hectare which exceeds the Growth Plan target for Greenfield development
in the City; and
• the proposed subdivision contributes to the City's supply of lots and blocks
for single detached and townhouse dwellings.
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2. Official Plan (Garner South Secondary Plan)
The portion of the lands proposed to be subdivided are designated Residential,
Medium Density, in part, and Employment, in part, under the Garner South
Secondary Plan. These residential lands are intended to be developed with
townhouses and apartments. Employment lands are intended to be developed
with industrial and other employment generating uses. The adjacent lands to the
east are designated Employment and are intended to be developed with live-work
units.
The live-work units consist of dwelling units in combination with compatible small
scale home industries or office type uses. These units are intended to provide a
transition between the proposed residential and the employment uses fronting onto
Montrose Road to minimize conflicts between residential and employment uses.
The current land use schedule, which puts a small pocket of employment land west
of the live-work units, is therefore contradictory to the policies of the Secondary
Plan. In addition, the concept plan for the Secondary Plan shows the residential
area extending to eastern end of the Provincially Significant Wetland, which
corresponds with what the application is requesting. Therefore it is appropriate to
shift the boundary between the Medium Density Residential and Employment
Designations eastward on the Land Use Schedule as requested by the applicant.
In addition to the above noted change the applicant is requesting single detached
dwellings be permitted site specifically within the Medium Density Residential
designation This is appropriate as the density targets for the secondary plan of 53
jobs and persons per hectare will still be met. A density of 55 jobs and persons per
hectare is still being achieved in the Secondary Plan area.
The applicant has also requested that a small portion of land to the north of the
subdivision, between the two lobes of the Provincially Significant Wetland (PSW),
be redesignated from Medium Density Residential to Open Space. Although
originally contemplated for residential development, the configuration of this area,
along with the requirement to provide a natural buffer for the adjacent wetland,
would make it challenging to develop for residential purposes. The proposed
designation will allow for passive recreational uses that could be developed in
conjunction with the adjacent park. The loss of residential lands in this location
(about 1 hectare) will be made up with the redesignation from Employment
discussed above.
The subdivision is a logical continuation of the Warren Woods Phase 4A
subdivision to the east and complies with the Official Plan and the Secondary Plan
as follows:
• the subdivision meets the minimum density requirements of the Secondary
Plan, in combination with previous approved phases;
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• the abutting wetlands will be preserved and protected by an appropriately
sized buffer;
• the connections onto Brown Road meet transportation design guidelines per
intersection spacing and provide for a safe and efficient transportation
network;
• the park and wildlife corridors provide an opportunity for recreational trails to
link to the rest of the subdivisions; and
• reverse lot frontages are avoided, providing for good urban design along
Brown Road.
3. Zoning By-law Amendment
The lands are currently zoned LI in accordance with Zoning By-law No. 79-200. A
small portion is zoned HL. The single detached lots are requested to be changed
to a similar R1F zone as the one that applies to the subdivision to the west. The
changes to the standard R1 F regulations are summarized in the following table:
ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION
Minimum lot area 320 sq. m 250 sq. m
Minimum lot frontage 10 m (interior lot) 8.2 m (interior lot)
12 m (corner lot) 10 m (corner lot)
Maximum projection of a 1 1.5 m
or 2 storey porch into the
required front or exterior side
yard
Minimum rear yard 7.5 m 7 m
Minimum interior side yard 0.9 m 1.2 m (one side)
0.6 m (other side)
Minimum exterior side yard 3 m 2.4 m (to dwelling)
6.0 m (to garage)
Maximum height 10 m 12.5 metres and 2.5 storeys
Maximum lot coverage 45% None (controlled by setbacks)
Minimum landscaped open 30% 25%
space
Maximum driveway width 55% of lot frontage 60% of lot frontage
The blocks of land intended for on-street townhouses are requested to be placed
under a site specific R3 zone. The changes to the standard R3 regulations are
summarized in the following table:
ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION
Minimum lot area 200 sq. m 165 sq. m
Minimum lot frontage 6.5 m _ 6 m
Minimum front yard 6 m 3.5 m to dwelling
6 m to garage
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ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION
Minimum rear yard 7.5 m 7 m
Minimum interior side yard 3 m 1.5 m
Minimum exterior side yard 4.5 m 2.4 m to dwelling
6 m to garage
Maximum height 10 m 12.5 metres
Maximum lot coverage 40% None (controlled by setbacks)
Minimum landscaped open 30% 25%
space
The requested regulations can be supported for the following reasons:
• the regulations facilitate compact form;
• as the regulations are similar to the regulations which apply to the earlier
phases of the Warren Woods development to the west, continuity in building
design is promoted.
• a lot coverage regulation is unnecessary because the development of the
compact lots will be adequately addressed by building setbacks;
• the building setbacks maintain adequate separation distances between
dwellings and the street and contribute to the desired built form.
An OS zone is also requested for the park block and the wildlife corridor block.
This zone will permit the uses contemplated in the park, and permit a recreational
trail within the wildlife corridor.
The applicant has also requested lands to the north of the subdivision be placed
under an EPA zone and an OS zone. The EPA zone is to apply to a Provincially
Significant Wetland (PSW) and associated natural buffer in this location and will
protect the natural features associated with the PSW. The OS zone is proposed to
apply to an area outside of the PSW and will permit passive recreational uses that
can complement the abutting park.
The applicant has also requested the LI zoned lands to the east of the subdivision
be placed under a holding (H) provision. The lands affected would be a slender
piece of land, about 40 metres wide, between the subdivision and the PSW to the
west and Prestige Industrial (PI) zoned lands to the east along Montrose Road.
This area is designated Employment and are expected to be occupied by live-work
units as discussed earlier. The applicant has not yet detailed plans for these live-
work units and therefore a list of uses that would be permitted in this area has not
yet been determined. As certain uses permitted in the LI zone are of a heavier
type that would be incompatible with residential uses, the requested H provision is
acceptable for the time being. When the live-work units are proposed for
development the appropriate uses can be determined, and the holding (H)
provision can be lifted.
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December 13, 2016
4. Conditions of Approval
The allowable 5% parkland dedication for this subdivision will consist of the park
block and the wildlife corridor block shown on the plan. The park block will provide
recreational and playground facilities for the surrounding residents. The wildlife
corridor block has been requested by the Niagara Peninsula Conservation
Authority and is to be used in conjunction with a block in the Warren Woods Phase
4A Subdivision to provide a corridor for wildlife movement between natural areas to
the north and south of the subdivision.
The crescent has a reduced right of way of 9 metres abutting Brown Road; this
reduction is acceptable as the street is single loaded and the necessary services
and facilities can be accommodated in street rights of way and a proposed
easement. Conditions with respect to its construction and associated infrastructure
have been included in Appendix A.
The natural areas to the north are to be preserved; conditions deal with silt fencing
during construction and permanent chain link fencing to protect these areas.
Recreational trail development within the wetlands and buffer areas will be subject
to the approval of the NPCA.
At Cytec's request, a warning clause will be required to advise future residents of
their manufacturing facilities and has been added to Appendix A.
The balance of the conditions in Appendix A are standard conditions of draft plan
approval and include the dedication of necessary road widenings and daylight
triangles, installation of municipal services, provision of utilities to the subdivision
and the naming of streets to the satisfaction of the City.
FINANCIAL IMPLICATIONS
The proposed development will generate development charge contributions and property
tax revenue for the City. There are no other financial implications.
CITY'S STRATEGIC COMMITMENT
The proposed development supports the Vibrant and Well Planned City Strategic Priority.
This Strategic Priority targets the implementation of the Strategic Plan for provision of
Parks, Recreation, Culture and Arts. The development of the proposed trail system,
which is intended to link with other proposed trails, will comply with this Strategic Plan.
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LIST OF ATTACHMENTS
➢ Schedule 1 — Location Map
➢ Schedule 2 — Subdivision Plan
➢ Appendix A — Conditions for Draft Plan Approval
tl
Recommended by: y ;
Alex Herlovitch, Director of Planning, Building & Development
1•24-414
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Bryce:mb
Attach.
S:\PDR\2015\PBD-2015-15,AM-2015-001 &26T-11-2015-001,Warren Woods Phase 3 Stage 3.docx
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SCHEDULE 1
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Amending the Zoning By-law No. 79-200 September 2016
Location: North Side of Brown Road West of Montrose Road
Applicant: 1340258 Ontario Inc.
Am-2016-017
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December 13, 2016
SCHEDULE 2
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12
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December 13, 2016
APPENDIX A
Conditions for Draft Plan Approval
1. Approval applies to the Warren Woods Estates Phase 4 Stage 2 Draft Plan of
Subdivision prepared by Upper Canada Consultants, dated October 11, 2016,
showing 76 lots for single detached dwellings, 7 blocks for 39 townhouse dwelling
units, one block for a park and one block for a wildlife corridor.
2. The developer enter into a registered Subdivision Agreement with the City to
satisfy all requirements, financial and otherwise, related to the development of the
subject lands. Note: Should any other body wish to have its conditions included in
the Subdivision Agreement, they may be required to become party to the
Subdivision Agreement for the purpose of enforcing such conditions.
3. The developer submit a Solicitor's Certificate of Ownership for the subdivision
lands to the City Solicitor prior to the preparation of the Subdivision Agreement.
4. The subdivision be designed and constructed in accordance with City standards
which, in part, includes the following:
(a) roadways and sidewalks to municipal requirements;
(b) dedication of a 3 metre wide road widening (Block 90) along the length of
the Brown Road right of way;
(c) dedication of daylighting triangles with 5 metre legs for all proposed
intersections on the draft plan;
(d) dedication of all road allowances to the City as public highways and
dedication of 0.3 metre reserves along Brown Road to the City's
satisfaction;
(e) speed control measures within the subdivision to the satisfaction of
Transportation Services
(f) a sidewalk to be constructed on the north side of Hackberry Trail, along the
18 metre wide sections of Streets A and B, and on the north side of Brown
Road for the entire frontage of the development, all to the City's satisfaction;
(g) all streets named to the City's satisfaction;
(h) provision of water distribution, sanitary sewer and storm sewer systems in
accordance with the Ministry of the Environment and Climate Change
(MOECC) Guidelines and City Standards;
(i) testing of the watermains shall be completed in the presence of a Certified
Water operator using the City's Watermain Commissioning Checklist;
(i) weeping tile be connected to the storm sewer system via sump pumps and
all rainwater leaders outlet to grade and be directed to the front/rear yards;
(k) provision of an overland stormwater flow route, designed within the right-of-
way for major storm events and constructed in accordance with the MOECC
and City Standards; and
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December 13, 2016
(I) application of the City's Lot Grading and Drainage Policy in accordance with
the City Standards.
5. The developer submit a Geotechnical Report prepared by a Soils Consultant to the
satisfaction of Municipal Works.
6. The developer pay the Development Charges in force at the time of execution of
the Subdivision Agreement as per the City's Development Charges By-law.
7. The developer grant the City and public utility companies any easements required
to service the subdivision.
8. The developer submit the digital data and contract documents in accordance with
the City CAD standards, and itemized in accordance with the City Schedule of
Quantities and Unit Prices format.
9. The developer pay the required fees for Engineering Inspection and Administration
for the subdivision.
10. The developer provide a 1.5 metre high black vinyl chain link fence (or other
standard approved by the City) along the rear lot line of lots 1 to 32 (inclusive) and
block 85 to the satisfaction of the City.
11. The developer accommodate the provision of one boulevard tree per lot and two
boulevard trees per corner lot and pay to the City $350 per tree for this provision,
in accordance with City policy.
12. The developer dedicate Blocks 84 and 85 to the City for parkland purposes.
13. The developer provide 0.3 metre reserves shown as Blocks 86, 87, 88 and 89.
14. That parking restrictions be imposed to Fire Services satisfaction prohibiting
parking on one side of road where the asphalt width is less than 8 m or on one side
of the road within residential cul-de-sacs. The subdivision agreement is to specify
the supply and installation of no parking signage is to be at the cost of the
developer.
15. The developer submit servicing plans to Municipal Works and Fire Services for
review. Such plans are to include road widths and curb radii. Note that the
Municipal Works Department is responsible for final approval of said servicing
plans.
16. The developer receive final approval of the Official Plan and Zoning By-law
amendment to provide land use policies and regulations to guide the development
of the subdivision.
17. The developer provide three calculated plans and a letter prepared by an Ontario
Land Surveyor to Planning, Building & Development confirming that all lots and
blocks comply with the Zoning By-law.
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December 13, 2016
18. The developer provide four copies of the pre-registration plan to Planning, Building
& Development and a letter stating how all the conditions imposed have been or
are to be fulfilled.
19. The developer is hereby advised that prior to commencing any work within the
Plan, the developer must confirm that sufficient wire-line communication/
telecommunication infrastructure is available. In the event that such infrastructure
is not available, the developer shall be required to pay for the connection to and/or
extension of the existing communication/telecommunication infrastructure. If the
developer elects not to pay for the above noted connection, the developer shall be
required to demonstrate to the satisfaction of the municipality that sufficient
alternative communication/telecommunication facilities will be provided to enable,
at a minimum, the effective delivery of communication/ telecommunication services
for emergency management services (i.e. 911 Emergency Services).
20. That Community Mail Boxes (CMBs) be located next to rear of lots 46 (3 modules),
60 (3 modules) and 76 (2 modules) or in alternative locations if determined by
Canada Post, and that the developer identify these sites on a display in the sales
office prior to offering any units for sale.
21 . The developer agree in the Subdivision Agreement, in words satisfactory to
Canada Post, to grant to Canada Post any easements that may be required for the
installation of CMBs on private property.
22. The developer include in all offers of purchase and sale, a statement that advises
the prospective purchaser that mail will be delivered via a CMB. The developer
also agrees to note the locations of all CMBs within the development, and to notify
affected homeowners of any established easements granted to Canada Post to
permit access to CMBs.
23. The developer satisfy all requirements of Canada Post regarding concrete pads for
CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair
access, informing potential homeowners of CMB locations, timing of construction
and identification of CMBs and related works on engineering servicing drawings.
24. The developer contact Enbridge Gas Distribution's Customer Connections
Department by emailing SalesArea80@enbridge.com for service and meter
installation details and to ensure all gas piping is installed prior to the
commencement of site landscaping (including, but not limited to: tree planting, silva
cells, and/or soil trenches) and/or asphalt paving. NOTE: If a gas main needs to
be relocated as a result of changes in the alignment or grade of the future road
allowances or for temporary gas pipe installations pertaining to phase construction,
all costs are the responsibility of the applicant.
25. The developer grade all streets to final elevation prior to installation of the gas lines
and provide Enbridge Gas Distribution Inc. with the necessary field survey
information required for installation of gas lines.
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December 13, 2016
26. The developer provide Enbridge Gas Distribution with the necessary easements in
the event they are required to service the development.
27. The following clause be included in the subdivision agreement:
"Should deeply buried archaeological remains/resources be found on the property
during construction activities, the Heritage Operations Unit of the Ministry of
Tourism, Culture and Sport in London (519-675-7742) and the developer's
consulting archaeologist (Detritus Consulting Ltd.) shall be notified immediately. In
the event that human remains are encountered during construction, the developer
should immediately notify the police or coroner, the Registrar of Cemeteries of the
Ministry of Small Business and Consumer Services in Toronto (416-326-8392), the
Ministry of Tourism, Culture and Sport, and the developer's consulting
archaeologist (Detritus Consulting Ltd.)."
28. The subdivision agreement include the recommended warning clause from the
Noise Impact Study (Revised), Proposed Residential Development, Warren Woods
Phase 4, prepared by J.E. Coulter and dated October 23, 2015.
29. An update to the Noise Feasibility Study, prepared by HGC Engineering Limited
and dated July 6, 2016, prepared and endorsed by a qualified acoustical
consultant, be submitted to the Niagara Region to address the following:
a. Upgrade to a detailed noise study for the purpose of confirming
recommended mitigation measures;
b. Prepared based on the current draft plan of subdivision (dated October 11,
2016); and,
c. Include recommendations based on lot/block numbers as opposed to
prediction locations.
30. The subdivision agreement include clause(s) requiring the owner to implement the
final recommendations of the Noise Feasibility Study, prepared by HGC
Engineering Limited and dated July 6, 2016, as revised based on the requirements
of the previous condition, to the satisfaction of Niagara Region.
NOTE: As recommended in the Noise Feasibility Study, a qualified professional
engineer or acoustical consultant will be required to confirm that all noise mitigation
is provided to the levels specified by the MOECC noise assessment criteria, prior
to the issuance of building permits and prior to assumption of the subdivision by
the City. A clause will be required in the subdivision agreement to this effect.
31. The developer promptly acknowledges within 60 days of draft approval of this
subdivision that draft approval does not include a commitment of servicing
allocation by the Niagara Region as this servicing allocation will be assigned at the
time of final approval of the subdivision for registration purposes and any pre-
servicing will be at the sole risk/responsibility of the developer.
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32. Immediately following and within 60 days of the City's notice of draft plan approval,
the developer shall provide the Niagara Region with a written undertaking that all
offers and agreements of purchase and sale, which may be negotiated prior to
registration of this subdivision, shall contain a clause clearly indicating that a
servicing allocation for this subdivision will not be assigned until the plan is granted
final approval for registration, and a similar clause be inserted in the subdivision
agreement between the developer and the City.
33. The subdivision agreement include a clause requiring the developer to insert into
all offers and agreements of purchase and sale or lease for each dwelling unit the
following clause:
"Due to the proximity of the Regional Garner Road Southwest Sewage Pumping
Station, Purchasers/Tenants are advised that periodic emissions of unpleasant
odours and noise from the normal or emergency operations of this facility may
occur, for an unspecified duration, and may adversely affect the residents of this
development. Additionally, the light industrial features of the station may adversely
affect the visual environment of the residents of this development."
34. A complete Ministry of Environment and Climate Change (MOECC) Transfer of
Review application with detailed drawings and calculations be submitted to
Niagara Region for review and approval of the proposed sanitary and storm sewer
piping systems for the development and receive the appropriate MOECC
Environmental Compliance Approvals.
35. The developer creates appropriate temporary waste collection turnaround(s) per
the Niagara Region waste collection policy C3.007, at the end of each dead end
street(s) during any development phasing that will permit Regional waste collection
or confirm that waste collection will be the developer's responsibility.
36. Prior to approval of the final plan or any on-site grading, the developer shall submit
any updated stormwater management plan and report for the subdivision and the
following plans designed and sealed by a qualified professional engineer in
accordance with the Ministry of the Environment documents entitled Stormwater
Management Planning and Design Manual, March 2003 and Stormwater Quality
Guidelines for New Development, May 1991, or their successors to the Niagara
Peninsula Conservation Authority for review and approval, with a copy provided to
the Niagara Region;
a. Detailed lot grading and drainage, storm servicing, and stormwater
management plans, noting both existing and proposed grades and the
means whereby overland flows will be accommodated across the site; and,
b. Detailed construction erosion control plans.
NOTE: The Regional Municipality of Niagara may request the Niagara Peninsula
Conservation Authority (NPCA) to review the plans on the Region's behalf
and to submit comments to the Niagara Region regarding the approval of
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these plans and the subsequent clearance of related conditions by the
Region. Please also note that NPCA's fee for review of stormwater
management plans is in addition to the Regional Municipality of Niagara's
clearance fee.
NOTES:
1. Prior to granting final plan approval, the City must be in receipt of written
confirmation that the requirements of each condition have been met and all
fees have been paid to the satisfaction of the Niagara Region.
2. Prior to final approval for registration, a copy of the executed subdivision
agreement for the proposed development should be submitted to the Niagara
Region for verification that the appropriate clauses pertaining to any of these
conditions have been included.
NOTE: The Niagara Region recommends that a copy of the draft agreement
also be provided in order to allow for the incorporation of any necessary
revision prior to execution.
3. As required as part of the conditions of approval, the format for all studies and
reports to be submitted to the Niagara Region shall be two hard copies and a
PDF digital copy.
37. The developer submit to the Niagara Peninsula Conservation Authority (NPCA), for
review and approval, detailed grading, storm servicing, stormwater management
and construction sediment and erosion control drawings.
38. The Warren Creek Wetland Complex and associated 10 metre buffer be zoned
Environmental Protection Area to the satisfaction of the NPCA.
39. The developer submit a Tree Saving Plan to the NPCA for review and approval as
required under Policy 7.B.1.19 of the Regional Official Plan. The Tree Saving Plan
shall be prepared in accordance with Section 1.36 of the Region of Niagara Tree
and Forest Conservation By-law (By-law No. 30-2008) and shall implement the
recommendations of the Addendum Environmental Impact Study prepared by
Beacon Environmental, dated August 2016.
40. The developer provide a 1.5 metre (minimum) high chain link fence along the rear
lot lines of Lots 1 to 31 inclusive, the common lot line between Lot 1 and Block 84,
and the portions of Block 85 that do not abut Hackberry Trail, Lot 11 or Lot 12.
41. That sediment control and limit of work fencing be shown on the grading plan along
the rear lot lines of Lots 1 to 31 inclusive and the portions of Block 85 that do not
abut Hackberry Trail, Lot 11 or Lot 12 and that no grading occur beyond this point.
Limit of work fencing must be maintained during the development process and all
silt fencing shall be removed once work is completed and all exposed soils are re-
vegetated or otherwise stabilized.
18
PBD-2016-59
December 13, 2016
42. That a Work Permit be obtained from NPCA prior to any site alteration within Block
85 that is within 30 metres of the Warren Creek Wetland Complex.
43. The developer agree that no site alteration (including grading) is to take place
within the 10 metre buffer from the Provincially Significant Wetland.
44. That Conditions 37 to 43 be incorporated into the subdivision agreement between
the developer and the City, to the satisfaction of the NPCA. The City shall circulate
the draft subdivision agreement to the NPCA for its review and approval.
45. The following notice clause shall be included in the Subdivision Agreement and in
any Condominium Agreement and in any Site Plan Agreement and in all
Agreements of Purchase and Sale for the subdivision lots and blocks, and in any
leases:
"Cytec Canada Inc. ("Cytec") owns lands located north of the Welland River
and west of Garner Road. Cytec's lands are designated Industrial and
zoned for heavy industrial uses. Cytec operates chemical manufacturing
and industrial facilities on its lands and may in the future expand its
operations by expanding or adding to its existing buildings or constructing
new buildings and/or intensifying its operations. Cytec may also erect
and/or construct and operate facilities for any of the uses permitted in the
City's Zoning By-law. Cytec's use of its lands may generate odour and air
emissions and create noise, together with other industrial effects. Cytec is a
member of the Canadian Chemical Producer's Association and has been
verified under the Responsible Care Codes of Practice. This notice clause
includes any successors and/or assigns in title to Cytec."
Clearance of Conditions
Prior to granting approval to the final plan, Planning, Building & Development requires
written notice from applicable City Divisions and the following agencies indicating that
their respective conditions have been satisfied:
Legal Services for Conditions 2 and 3
— Municipal Works for Conditions 4 to 9 inclusive, 11, 13 and 15
Landscape Architect for Conditions 10 and 12
Transportation Services for Condition 4
— Fire Services for Conditions 14 and 15
Planning and Development Services for Conditions 16 to 18 inclusive
— Bell Canada for Condition 19
Canada Post for Conditions 20 to 23 inclusive
Enbridge Gas Distribution Inc. for Conditions 24 to 26 inclusive
Regional Municipality of Niagara for Conditions 27 to 37 inclusive
Niagara Peninsula Conservation Authority for Conditions 38 and 44 inclusive
Cytec Canada Inc. for Condition 45
Planning
Fife: =- ( )t(..,
THOMSON ROGERS r : .z
LAWYERS
Jeffrey J. Wilker
416-868-3118
jwilker@thomsonrogers.corn
SENT BY Email ONLY
September 20, 2016
Mr. Alex Herlovitch
Director of Planning and Development
City of Niagara Falls
Planning Department
P.O. Box 1023
4310 Queen Street
Niagara Falls, Ontario
1,2E 6X5
Dear Mr. Herlovitch:
Cytec Canada Inc. (Solvay Group)
Warren Woods Phase 4, Stage 2 Draft Plan of Subdivision
and Related Official Plan Amendment and Rezoning
City File Nos.: 26T-11-2016-002 and AM-2016-17
Our File No. 050225
We are the solicitors for Cytec Canada Inc. ("Cytec"). Cytec is part of the Solvay Group.
On behalf of Cytec, we are providing input on the development proposal for the City's
consideration.
Cytec has major landholdings southwest of the Garner South Secondary Plan Area. It owns
approximately 1,000 acres north of the Welland River. The Cytec property fronts onto
Garner Road where it presently operates a phosphine plant. Cytec is part of a longstanding
industrial precinct in this part of the City. Cytec has made recent significant investments
to the plant resulting in an expanded facility. Protection of the continued viability of its
plant in its current location is of paramount importance to Cytec.
THOMSON SEP
ROGERS ejE 2 0 F` u
S;ea
SUITE 3100,390 BAY STREET,TORONTO,ON,CANADA M5H 1W2 I TF:1-888-223-0448 I T:416-868-3100 I F:416-868-3134
thomsonrogers.com
THO\ISON ROGERS
LAWYERS -2-
To this end, Cytec participated throughout the Garner South Secondary Plan, and through
the planning process, secured policies within the Official Plan Amendment to guide
development in the Secondary Plan area. Cytec has reviewed the development proposals
in context of these policies.
The proposal is to permit 88 single family dwellings and 6 townhouse blocks consisting of
28 units on the subject lands, together with open space areas. To facilitate same, the
applicant has requested a Special Policy Area (OPA) to permit single family dwellings
within the subject lands together with a rezoning and draft plan of subdivision approval.
Cytec is of the view that the reduction in the amount of residential dwellings being
proposed for the subject lands is appropriate given the proximity of the lands to the Cytec
plant and therefore has no objection to the development proposal as put forward provided
the standard provisions imposed on prior stages of the Warren Woods development are
also provided within the planning documents for this Stage.
Cytec requires and requests an opportunity to review the draft OPA, Rezoning and Draft
Plan of Subdivision including related conditions prior to their respective approval. In
order to assist with the drafting exercise, Cytec has the following comments:
With respect to the draft Official Plan Amendment, it must retain (or not diminish) the
requisite notice clause.
With respect to the draft Official Plan Amendment and the proposed Zoning By-law, Cytec
requests that the planning approvals impose a 2.5 storey maximum height for the dwelling
units. This standard would be consistent with other approvals given for earlier stages of
the Warren Woods development.
With respect to the subdivision matter, we note that Cytec requires the imposition of a
notice clause as a condition of draft approval. This is required in order for the subdivision
approval to be in conformity with the City's Official Plan, Part V, Section 1, Garner South,
Policy 1.4.
We ask that the same notice clause be included as has been included on prior phases of the
Warren Woods subdivision. The clause reads as follows:
TI 3OMSON
ROGERS
Se
THOMSON ROGERS
LAWYERS -3-
The following notice clause shall be included in the Subdivision Agreement
and in any Condominium Agreement and in any Site Plan Agreement and in
all Agreements of Purchase and Sale for the subdivision lots and blocks,
and in any leases:
"Cytec Canada Inc. ("Cytec") owns lands located north of the Welland
River and west of Garner Road. Cytec's lands are designated Industrial and
zoned for heavy industrial uses. Cytec operates chemical manufacturing
and industrial facilities on its lands and may in the future expand its
operations by expanding or adding to its existing buildings or constructing
new buildings and/or intensifying its operations. Cytec may also erect
and/or construct and operate facilities for any of the uses permitted in the
City's Zoning By-law. Cytec's use of its lands may generate odour and air
emissions and create noise, together with other industrial effects. Cytec is a
member of the Canadian Chemical Producer's Association and has been
verified under the Responsible Care Codes of Practice. This notice clause
includes any successors and/or assigns in title to Cytec."
We look forward to receipt of the draft planning documents for review prior to approval
when same are prepared.
As well, we request that notice of any decision by the City on the Warren Woods Phase 4
Stage 2 Draft Plan of Subdivision and Rezoning (City File Nos.: 26T-11-2016-002 and
AM-2016-17) be given to our offices, to the attention of the writer, together with a copy of
the notice provided to Mr. Ken Milo, Remediation Manager, Cytec Canada Inc., 9061
Garner Road,Niagara Falls, Ontario, L2E 6S5. We trust the foregoing is satisfactory.
Yours very truly,
,91,Z,(2/-1 --xJeffiey J. Wilker
Jeffrey Wilker Law Professional Corporation
THOMSON
ROGERS
cleat
SG
'I'HO.\ISON ROGLRS
LAWYERS -4-
JJW/jjw
cc: Andrew Bryce, City Planning, City of Niagara Falls
Dean Iorfida, City Clerk, City of Niagara Falls
Ken Beaman, City Solicitor, City of Niagara Falls
Ken Milo/Don Sorley, Cytec Canada Inc. (Solvay Group)
Glenn Wellings, Wellings Planning Consultants
Bob O'Dell, Warren Woods
THOMSON
ROGERS
PBD-2016-60
Niagara�alls December 13, 2016
CANADA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2016-60
AM-2015-011, Official Plan and Zoning By-law
Amendment Application
4536 and 4552 Portage Road
Applicants: Sleek Developments Inc. and APR Investments
Agent: Jennifer Vida, Upper Canada Consultants
Proposal: Proposed 96 Unit Townhouse Development
RECOMMENDATION
That Council approve the Official Plan and Zoning By-law amendment application to:
- redesignate 4552 Portage Road from Industrial to Residential;
rezone 4552 Portage Road from General Industrial (GI), in part, and Institutional
(I), in part, to a site specific Residential Low Density, Grouped Multiple Dwellings
(R4) zone, subject to the regulations outlined in this report; and
- rezone 4536 Portage Road from GI, in part, and I, in part, to a site specific Light
Industrial (LI) zone, subject to the regulations outlined in this report.
EXECUTIVE SUMMARY
Sleek Developments Inc. and APR Investments have submitted an application to amend
the City's Official Plan and Zoning By-law No. 79-200 for the lands known as 4536 and
4552 Portage Road. The applicants are requesting 4552 Portage Road to be
redesignated from Industrial to Residential and rezoned from GI, in part and I, in part, to
a site specific R4 zone to permit the development of 96 townhouse dwelling units and an
accessory building to be used as a community centre. In addition, the applicants are
requesting the abutting property known as 4536 Portage Road to be rezoned from GI, in
part, and I, in part, to a site specific LI zone. The amendments are recommended for the
following reasons:
Staff are satisfied that the lands known as 4552 Portage Road are not required
for the City's supply of employment land;
The development satisfies the intent of the City's Official Plan with respect to
conversion of employment lands and providing housing choices for City residents;
- The project will assist in addressing a long term deficit of medium density housing
units;
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PBD-2016-60
December 13, 2016
The applicant has demonstrated through appropriate studies that the project will
be compatible with industrial uses to the north and the abutting railway line
provided recommended mitigation measures and buffering are implemented;
The property is located on a collector road where block townhouses can be
considered to a density of 40 units per hectare. The project has a density of 18.8
units per hectare;
The project is proposed at a height and massing that are in character with the
surrounding neighbourhood and with setbacks that will reduce impacts from the
abutting railway and nearby industries;
The proposed zone change to site specific R4 would provide regulations to guide
the development of the 96 townhouse dwelling units and accessory community
centre; and
The proposed rezoning of 4536 Portage Road to site specific LI would limit the
use of this property to uses that are compatible with existing and proposed
residential.
BACKGROUND
Proposal
Sleek Developments Inc. and APR Investments have requested an Official Plan and
Zoning By-law amendment for a 5.1 hectare (12.6 acre) parcel of land known as 4552
Portage Road and for a 1.2 hectare (3 acre) parcel of land known as 4536 Portage
Road, as shown on Schedule 1.
Sleek Developments Inc. and APR Investments are proposing a 96 unit townhouse
development on 4552 Portage Roads and a community centre exclusive to the
development. Refer to Schedule 2 for further detail.
The land known as 4552 Portage Road is designated Industrial in the City's Official Plan.
The applicant is requesting the property be redesignated to Residential.
The land known as 4552 Portage Road is zoned General Industrial (GI), in part, and
Institutional (I), in part, in accordance with Zoning By-law No. 79-200. The applicant is
requesting the land to be rezoned to Residential Low Density, Grouped Multiple
Dwellings (R4), with site specific regulations for lot frontage, interior side yard widths, lot
coverage, privacy yard depths, building setbacks from a private lane and setbacks from
the CN railway. Regulations are also requested to add a community centre to the list of
permitted uses with respective development standards.
In addition, Sleek Developments Inc. and APR Investments are requesting 4536 Portage
Road to be rezoned from GI, in part, and Institutional (I), in part, to a site specific Light
Industrial (LI) zone to ensure the use of this property is compatible with surrounding
residential uses.
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PBD-2016-60
December 13, 2016
Site Conditions and Surrounding Land Uses
The land known as 4552 Portage Road was formerly used for the storage and sale of
building materials. These lands are generally flat with some trees and scrub vegetation.
The land known as 4536 Portage Road is occupied by a building and used for building
material sales.
A school, church and several dwellings are located immediately to the south. A mixed of
residential types, including single detached dwellings, townhouses and low rise
apartments, is located further to the south of Portage Road The hydro canal and the
related recreational trail are located to the east. The CN rail line is located to the west.
A number of industrial properties, include OLEO Technologies and Niagara Industrial
Mall, are located to the north.
Circulation Comments
Information regarding the proposed Official Plan and Zoning By-law amendment was
circulated to City divisions, the Region, agencies and the public for comments. The
following summarizes the comments received to date:
• Regional Municipality of Niagara
No objections. With respect to the land use conversion from employment
lands to residential, it is noted that the City and the Region appear to have
an oversupply of vacant employment land. The City should satisfy itself that
the land use conversion complies with the conversion criteria and the most
recent Municipal Comprehensive Review.
The applicants provided a Noise and Vibration Feasibility Study and an Air
Quality Feasibility Assessment to address the compatibility of the
development with surrounding industrial uses and the CN railway. These
studies support the development subject to the construction of mitigation
measures. The Regional has no objections to these findings provided these
measures are implemented at the site plan/plan of condominium stage.
The specific measures are a 10 metre wide vegetated buffer, consisting of
a triple row of 2 metre high (minimum) coniferous trees along the north and
west property lines, and a 30 metre building setback form the adjacent CN
Rail main line.
• CN Rail
Requests the mitigation measures recommended by the applicant's noise
consultant (proposed setback, berm, noise wall, building construction and
warning clauses) be implemented. In addition, CN Rail will be seeking an
environmental easement (dealing with noise and vibration emissions from
the railway) with the applicant. Recommendations of the traffic study
should also be implemented.
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PBD-2016-60
December 13, 2016
• Parks Design
No objections. A landscape plan will be required as part of the site
plan/plan of condominium application. A sidewalk should be constructed
along the access road to Portage Road. A payment of 5% cash-in-lieu of
parkland dedication is applicable at the site plan/plan of condominium
stage.
• Transportation Services
No objections. The applicant's traffic study notes that the proposed
development generates between 38% and 48% less traffic than if the lands
were used for industrial purposes.
A detail for the proposed left turn lane from southbound traffic into the
development will be reviewed at the site plan/plan of condominium stage.
In addition, a pedestrian link to the abutting pedestrian trail should be
considered, and a warning clause warning residents that school buses will
not enter the site should be included in the development agreement.
The traffic study notes the need for additional turning lanes at the
intersections of Drummond/Morrison and Portage/Morrison. These
improvements were identified in the Dorchester Road Environmental
Assessment Study (2004).
• Municipal Works
No objections. The applicant has provided an analysis noting that existing
services are sufficient to service the development. A further review will be
conducted at the site plan/plan of subdivision stage.
• Fire Services, Niagara Peninsula Conservation Authority
No objections. Further review will be conducted at the site plan/plan of
condominium stage.
• Legal Services, Transit Services
No objections.
• Residents/Nearby Industrial/Commercial Property Owners
A total of 5 letters received from the public are included in the agenda. One letter
has been received by a nearby resident and expresses concerns about the traffic
impacts on Portage Road. Two of these letters come from nearby industrial
operators (OLEO and Niagara Industrial Mall) and note it should be ensured that
their operations not be limited or impacted by the new residential uses. Two
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PBD-2016-60
December 13, 2016
letters have been received from the solicitor for Gales Gas Bars; the first letter
expresses concerns about land use conflicts between its operations and the
development, the second letter notes that with the construction of the proposed
berm and planting of trees, they are not opposed to the development.
Neighbourhood Open Houses
A neighbourhood open house was held on November 26, 2015 and attended by 7
nearby residents. The residents primarily expressed concerns about potential traffic
impacts of the development on Portage Road, in particular when vehicles are queued at
the railway crossing. The neighbours also inquired about the possibility of the
development being accessed from Stanley Avenue using the former N S & T railway
ROW.
It was noted that as per the transportation study, traffic generated by the development
would be lower than if the lands were used for industrial purposes. The applicant noted
that he would be favourable to construct an access out to Stanley Avenue, but had not
been successful in acquiring the railway ROW (a consent application to sever the portion
of the railway ROW north of the subject lands from the balance of the ROW and convey
it to OLEO Energies has since been approved by the Committee of Adjustment, but has
been appealed by the applicant).
There have been no significant changes to the proposal since this neighbourhood open
house, therefore no further open houses have been held.
ANALYSIS
1. Provincial Policy Statement, Growth Plan and Land Use Compatibility
The Provincial polices dealing with the conversion of employment (industrial)
lands to non-employment uses, contained in the Provincial Policy Statement, and
the D-6 — Compatibility Between Industrial Facilities and Sensitive Land Uses,
administered by the Ministry of the Environment and Climate Change (MOECC),
are of primary concern and are further discussed below.
(a) Conversion of Employment Lands to Residential
The Provincial Policy Statement (PPS) protects employment lands from the
conversion to a non-employment category (i.e. residential). Such
conversion can only occur through a Municipal Comprehensive Review
(MCR) and is subject to criteria contained in the PPS.
The City completed a MCR in 2007. This study concluded that even with
the large scale conversion of the industrial lands in the Garner South
Secondary Plan and Thundering Waters area, the City still had a large
surplus of about 290 hectares of employment (industrial) land. The study
determined between 38 and 80 hectares of employment land would be
required for anticipated growth to 2031.
6
PBD-2016-60
December 13, 2016
Since this this study has been completed about 66 hectares of employment
land have been converted to non-employment uses (residential and
recreation). A total of 12 hectares have been developed for employment
uses, which corresponds to the lower projection as far as absorption of
employment land.
The MCR also found that even with the conversion of the two above noted
areas to residential, the City would still have a deficit of residential lands (to
the year 2031). This deficit was quantified as between 1214 and 2886 low
density (single/semi-detached) dwelling units and between 95 and 807
medium density (townhouse type) dwelling units.
Planning staff conclude that:
Even with the above noted conversions and anticipated absorption,
the City still would have between about 150 and 190 surplus
hectares of employment land.
The conversion of the subject land to residential would still leave a
substantial surplus of employment land.
The proposed 96 townhouse dwelling units would assist in
addressing the long term deficit of medium density residential.
(b) Land Use Compatibility
The proposed development is in proximity to a number of industrial
operations to the north and west. The MOECC has published a set a
guidelines (the "D-6 Guidelines") which classify the intensity of industrial
use, establishes setbacks between industrial operations and sensitive (i.e.
residential) uses. The D-6 Guidelines set out studies that are to be
completed if a proposed infill development proposes sensitive uses within
the zone of influence of or the required setback from an industry.
An Air Quality Feasibility Assessment was submitted by the applicant. This
Assessment was reviewed by the Region (on the behalf of the Province)
and by the Region's peer review consultant. The Assessment concludes
that there a number of industries, including OLEO Energies to the north,
Niagara Industrial Mall to the north-west and Gales Gas Bar to the west,
that are of a Class II (medium) industry due to the industrial process or
truck traffic, and the proposed residential is within the setbacks set out by
the D-6 Guidelines. The Assessment modelled the predicted impacts on
the proposed dwellings and concluded that the impacts would be lower
than impacts on existing dwellings in proximity to the industry, and
therefore the proposed development would not add any regulatory burden
to the industries. To mitigate the dust impacts from the surrounding
industries, a vegetated buffer, consisting of a triple row of coniferous trees,
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PBD-2016-60
December 13, 2016
is recommended on the subject lands, along with the paving of the rear
parking area of the applicant's property at 4536 Portage Road.
The applicant also submitted a Noise and Vibration Feasibility Study. This
study concluded that the surrounding industries were not audible from the
site. However a number of mitigation measures, including a 6 metre high
berm/noise fence, upgraded building construction and air conditioning, are
recommended to mitigate the impacts of the railway that abuts the site.
The Region has reviewed the application and has no objections to the
findings or recommendations, subject to the recommended mitigation
measures being implemented.
2. Official Plan
The lands are designated Industrial in the City's Official Plan and are primarily
intended for the development of industrial and related employment uses. The
applicant is requesting the land known as 4552 Portage Road be redesignated
Residential. The applicant's land known as 4536 Portage Road is not part of this
redesignation. This designation is the same designation which applies to lands to
the south and south-west and would allow for the development of low density type
dwellings on the land (single detached dwellings, townhouses and similar types of
dwellings). This request is acceptable for the following reasons:
- The proposal conforms to policies with respect to conversion of brownfield
sites to non-industrial uses The proposal is consistent with the Municipal
Comprehensive Review completed in 2007, which determined the industrial
lands were in excess of need and additional residential land was necessary
to address long term needs. In addition the proposed townhouses will
broaden housing choices in this part of the City;
- The development is at the low end of the density permitted for low density
residential (up to 40 units per hectare). In addition, Portage Road is a
collector road that is intended to carry traffic from developments that are a
higher density than what is proposed;
- The development is proposed at a height and massing that are in character
with the surrounding neighbourhood
- Adequate building setbacks (30 metres from the adjacent railway and 13-
15 metres from the north lot line) and extensive buffering (6 metre high
berm and noise wall combination and a vegetated buffer) are provided to
mitigate impacts from nearby industrial uses;
- The proposal will contribute to the City's required short term (3 year) supply
of housing; and
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PBD-2016-60
December 13, 2016
- Impacts on the proposed residential dwellings will be mitigated by
implementation of the recommended buffering and dwelling construction
techniques.
3. Zoning By-law
The applicant is requesting a site specific Residential Low Density, Grouped
Multiple Dwellings (R4) zone for the proposed townhouses. The applicant is
requesting the use of the property be limited to townhouse dwellings and group
dwellings (groupings of two or more townhouse or apartment dwellings) and a
community centre for use by the townhouse residents only. The community
centre is an accessory building intended to provide amenities for the residents of
the development. To maintain the applicant's intent, the amending by-law should
site specifically exclude an apartment dwelling from the definition of a group
dwelling.
The following chart compares the standard regulations of the R4 zone with those
proposed:
ZONE REGULATION EXISTING R4 PROPOSED R4
REGULATION REGULATION
Minimum lot frontage 30 m 18 m
Minimum interior side yard width 3.0 m 1.5 m for a dwelling
4.5 m for a community centre
Maximum lot coverage 35% 36%
Minimum privacy yard 7.5 m 6 m
Minimum setback from a private none 4.5 m for a dwelling
lane 6 m for a garage
Minimum setbacks for a none 4.5 m from an adjacent unit line
community centre 14 m from a private lane
Minimum setback from a railway none 30 m
main line ROW
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PBD-2016-60
December 13, 2016
The requested regulations can be supported for the following reasons:
The frontage is the access. The property widens to 137 metres where the
dwellings are proposed;
The reduction in the side lot line for a dwelling is to accommodate one of
the dwellings flanking onto the rear of 4536 Portage Road. The reduction
is acceptable provided a wood privacy fence, required under current zoning
regulations, is constructed along the common lot line;
— The increased lot coverage is minor in nature;
The reduction in privacy yard will apply only to units that are internal to the
development. The reduction is acceptable given that some purchasers
may prefer a smaller yard. However, the external units should still be
required to provide the standard 7.5 metre privacy yard;
- Establishing a front yard and a garage setback from the private lane assists
in creating a consistent design for the dwellings and ensures the space for
a vehicle to be parked in front of the garage;
- Establishing setbacks for the community centre will assist in providing good
urban design; and
The requested setback from the railway ROW is consistent with the
requirements of CN Rail. This setback will only apply to the main line to
the west of the land as the CN Rail requirements for setbacks from the spur
line to the north are 15 metres.
In addition to these standards, Planning staff recommends limiting the number of
townhouse dwelling units to the proposed 96. The applicant has submitted
studies, including a Transportation Study that support this number of dwelling
units. If no limit is placed on the number of dwelling units, current standards
could permit upwards of 200 dwelling units on the property.
The Region also requests the mitigation measures specified in the land use
compatibility studies (a vegetated 10 metre wide strip along the north and west lot
lines consisting of a triple row of coniferous trees and a 30 mete building setback
from the adjacent CN Rail min line) be implemented in the site specific zoning.
It should be clarified, in the amending by-law, that the community centre is an
accessory building intended for the exclusive use of the residents of the
townhouse development. As such, it is not necessary to establish a parking
standard for the community centre. The community centre should be limited to
the size proposed (190 square metres).
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PBD-2016-60
December 13, 2016
The applicant has requested 4536 Portage Road be rezoned from GI to LI. In
addition, a small portion of the land, affecting a portion of a driveway, is zoned I
and should be zoned LI as a housekeeping measure. The following uses
permitted under the LI zone are requested to be site specifically prohibited:
- Grain and feed mill and storage
- Monument, stone, clay or glass manufacturing plant
- Public garage, auto body
- Silver plating and cutlery plant
- Adult entertainment parlour
- Body rub parlour
The following uses are requested to be added to the site specific LI zone:
- Establishment for Building Material Sales
- Clinic
- Health Centre
The intent of the rezoning is to permit uses of a lighter industrial type that will not
adversely impact the proposed residential uses. In addition the proposed uses
will be more compatible with existing residential and institutional uses. The
addition of an establishment for building material sales is to ensure the existing
building materials outlet can legally continue. The proposed health centre and
clinic are uses complementary to industrial uses that can be considered to provide
a transition from the industrial area to the north to the residential area to the
south.
The following chart compares the standard regulations of the LI zone with those
proposed:
ZONE REGULATION EXISTING LI PROPOSED LI
REGULATION REGULATION
Minimum front yard landscaping 67% of the required front 13.3% of the required
yard front yard
Number of parking spaces In accordance with 118 spaces
Zoning By-law No. 79-200 (provided)
Number of loading spaces 2 3
The requested front yard landscaping is intended to reflect the existing site
conditions. The requested reduction can be supported because it has existed for
many years. The proposed parking and loading regulations, while reflective of
existing site conditions, appear to be in excess of current parking and loading
restrictions and are not recommended. The current regulations are sufficient to
serve in this regard.
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PBD-2016-60
December 13, 2016
4. Plan of Condominium/Site Plan
The development will be subject to either a vacant land/common element plan of
condominium application or site plan control. The following matters will be
addressed at this stage:
Implementation of land use compatibility measures, including
berming/fencing, a triple row of conifers adjacent to the north and north-
west lot lines, upgraded building construction and air conditioning and
insertion of warning clauses in purchase and sale or lease agreements;
Design and construction of a southbound left turn lane from Portage Road
into the development; and
Typical plan of condominium/site plan requirements, including
grading/servicing, paving and curbing, lighting, landscaping and emergency
access.
5. Traffic Concerns
Nearby abutting residents raised concerns about potential traffic impacts on
Portage Road. The transportation report submitted by the applicant indicated that
traffic for the proposed use would be substantially lower than if the property were
used for industrial purposes. In addition the anticipated traffic impacts on Portage
Road are expected to be minor; the development would generate 49 AM peak
hour trips and 57 PM peak hour trips; on average the peak hour would see less
than 1 vehicle per minute added to traffic volume on Portage Road. Portage
Road can accommodate this additional volume.
In response to the resident concerns about traffic, the applicants noted that they
had attempted to acquire the N S & T railway ROW to the north of the
development; this would have provided an opportunity to have a driveway from
the development out to Stanley Avenue. This ROW is the subject of a consent
application submitted by OLEO Energies and therefore is not available for use by
the developer.
The applicant's traffic study refers to necessary improvements to the Portage
Road/Morrison Street and Drummond Road/Morrison Street intersections which
were originally identified in the Dorchester Road Environmental Assessment
(2004). These improvements include the addition of turn lanes to improve
service. An updated Environmental Assessment will need to be completed to
determine the extent of the capital improvements needed.
CITY'S STRATEGIC INITIATIVE
The proposal does not specifically affect any of the City's strategic initiatives.
12
PBD-2016-60
December 13, 2016
LIST OF ATTACHMENTS
Schedule 1 — Location Map
Schedule 2 — Site Plan
Recommended by: `"` ` . .
Alex Herlovitch, Director of Planning, Building & Development
1
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.B ryce:m b
Attach.
S:\PDR\2016\PBD-2016-60,AM-2015-011, Sleek Developments Inc.Official Plan and Zoning By-law Amendment.docx
13
PBD-2016-60
December 13, 2016
SCHEDULE I
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Amending the Zoning By-law No.79-200 November 2016
Location: 4536 and 4552 Portage Road
Applicant: Sleek Developments Inc. and APR Investment
14
PBD-2016-60
December 13, 2016
SCHEDULE 2
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BARRISTERS AND SOLICITORS ji
I PI
Planning
trio
ed
Broderick&PartnersLLp _
Effective legal service in Niagara since 1951.
4625 ONTARIO AVE. November 2, 2015
P.O.BOX 897
City of Niagara Falls
NIAGARA FALLS,ON City Hall
CANADA L2E 6V6 4310 Queen Street
Niagara Falls, Ontario
TEL(905)356-2621 L2E 6X5
FAX(905)356-6904 Attention: Alex Herlovitch
broderickpartners.com
Dear Sirs:
Re: 4536 Portage Road, Niagara Falls
J.J.BRODERICK Official Plan and Zoning By-Law Amendment Applc'n: AM-2015-001
Q.C..L.S.M. Applicant: Sleek Developments & APR Investment
Law Society Certified
Civil Litigation Specialist Further to our letter of October 22nd, our client has met with the proponents
W.A.AMADIO of the subdivision proposed for 4536 Portage Road.
J.B.HOPKINS Our client has been advised that a large berm will be constructed between
G.A.KIRKHAM the subdivision and our client's land that will include trees as a buffer. Our
client is not therefore opposed to the proposed subdivision development
I.M.GILBERTI
Fluent in Italian&French Having said that our client's use of the property is on a 24 hour basis and
R.B.BURNS trucks will be entering and leaving the terminal throughout day and night.
M.DIGIROLAMO Yours very truly,
Z.SASKIN
Fluent in Bosnian,Croatian BRODERICK & PARTNERS LLP
&Serbian
JOHN J.1: ODERICK, Q.C.
JJB/Is
sy
BARRISTERS AND SOLICITORS
...Planning r_..�._...
1,1 Broderick&Partners LLP Fiie -� j .
Effective legal service in Niagara since 1951.
October 22, 2015
4625 ONTARIO AVE.
P.O.BOX 897 City of Niagara Falls
NIAGARA FALLS,ON City Hall
4310 Queen Street
CANADA L2E 6V6 Niagara Falls, Ontario
L2E 6X5
TEL(905)356-2621
Attention: Director of Planning, Building & Development
FAX(905)356-6904
broderickpartners.com Dear Sirs:
Re: 4536 Portage Road, Niagara Fall's
Official Plan and Zoning By-Law Amendment Applc'n: AM-2015-011
J.J.BRODERICK Applicant: Sleek Developments & APR Investment
(LC.,L.S.M.
Law Society Certified As you are aware, this firm has acted for Gale's Gas Bars Limited for a
Civil Litigation Specialist
number of years. Our client operates a gasoline storage and distribution
W.A.AMADIO centre on it's lands directly west of the Sleek Developments lands. Our
J.B.HOPKINS client's operation is in conformity with the requirements of the general
industrial zoning, of which it is a part.
G.A.KIRKHAM
Our client is concerned with respect to the prudence of injecting a high
I.M.GILBERTI density residential development in the midst of lands zoned and utilized for
Fluent In Italian&French p
industrial purposes. The proposed development of 96 individual dwelling
R.B.BURNS units will bring into close contact the activities conducted on our client's
lands. The buffer of the railway line is in our client's opinion an insufficient
M.DiGIROLAMO barrier. A more appropriate one would be the hydro lands immediately
Z.SASKIN adjacent to the developer's lands.
Fluent in Bosnian,Croatian
&Serbian In summary, it is our client's view that the injection of a concentrated
residential development in the midst of industrial zoned lands is not a
prudent planning and development proposal.
Yours very truly,
BRODERICK-: PARTNERS L P,-.-Z
JOI-A#N J. BRODERICK, Q.C.
JJB/Is
cc. Gale's Gas Bars Limited
Planning ._.._
cer
File ,• (� /.
CCWjairal InclAiart,at' ikilca,12/ C.r• -
Mailing Address: P,O, Box 777, Niagara Falls, Ontario L2e•. 6V6
Office Address: 4256 Carrot! Avenue, Niagara Falls, Ontario L23 732
Phone: 905-374-6466 Fax: 905-357-9407
November 26, 2015
Mi-_ Andrew .Bryce
City of Niagara Falls Planning Department
Queen St.
Niagara Falls, ON
Dear Mr. Bryce
Re: City File AM-2015-11
Official Plan and Zoning By-Law Amendment Application
We acknowledge receipt of your Notice of Application and Open House.
While we have no objections to the re-zoning application per say, as owners of the property
located at 4256 Carrot l Av e_, we would respectfully request Planning be filly cognizant of the
industrial properties located within a short distance of this development. There should be no
possibility of residents of this planned residential development interrupting the operations of the
Industrial Businesses and their respective uses.
We thank you for your. consideration.
Yours to i.h '
. i
R.J. (Bob) Nadon
General Manager
ZON�IIv 6--
OLEO OLEO ENERGIES INC.
5800 Thorold Stone Road
ENERGIES Niagara Falls,ON Canada
L2J 1A2
,lTl-215-0I1
DELIVERED VIA EMAIL TO: aherlovitch@niagarafalls.ca
December 8, 2015
Mr. Alex Herlovitch
Director of Planning
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Mr. Herlovitch:
Re: 4536 Portage Road—Proposed residential redevelopment
We are the landowners directly to the north of4536 Portage Road and operate a chemical and petroleum
blending and manufacturing facility at 5800 Thorold Stone Road. We understand that the owner of 4536
Portage Road is proposing to develop its property with residential uses, which are not permitted under
the current industrial designation.
We are currently expanding our business and rail services including the spurs at the southern end of our
property to accommodate increased business activities. We need to ensure that our existing industrial
uses continue on an unrestricted basis and that we are not limited in any way by the proposed
redevelopment. This must include future expansions to our facilities, including rail service.
Thank you for the opportunity to present our concerns and we trust they will be given the proper
consideration as part of the application process as it moves forward. Should you have any questions or
require additional information, please contact me directly at (905) 358-5133 Ext. 306
Yours truly,
V �
Mark A. Michalkoff,
President
MM/mw
Cc: Ken Todd, CAO
Serge Felicetti, Director Business Development
Andrew Bryce /'iTh2Li!S -Q f
From: Paisley <janvarypool@cogeco.ca>
Sent: Wednesday, October 28, 2015 5:16 PM
To: CouncilMembers •
Cc: Ken Todd;Alex Herlovitch;Andrew Bryce
d"-
Subject: 4536 Portage Rd.
We live at 4667 Portage Rd. In 17 condo units and wait often to get onto Portage Rd. —a busy street. Tonight at room 2
in City Hall is an open house for the possibility of 96 units emptying onto Portage Rd. between the railroad tracks and a
school and church. .. on designated general industrial lands. I cannot imagine what with the number of trains, and the
number of school buses each day whetherwe will ever get out onto Portage. Staff says it is not too dense but just look
at the map. My condos did not get this info and it did not go to my management company. I had to find out from
another source..Another meeting keeps me from attending tonight but you can be sure I will be there when it comes to
council and I hope each one of you cares enough to check this out. Sounds like I am a really old complainer.!! Paisley
Janvary-Pool
1
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-I
BDD-2016-002
NiagaraJalls December 13, 2016
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Business Development
SUBJECT: BDD-2016-002
Former CP Rail Bridge Demolition Agreement
RECOMMENDATION
Council authorize staff to extend the current CP Rail Bridge demolition with CP for an
additional five (5) year period - December 31, 2016 to December 31, 2021.
EXECUTIVE SUMMARY
The current CP rail bridge demolition agreement comes to an end December 31, 2016.
Staff met with CP and they are agreeable to extending the agreement for an additional
five (5) year period. City staff believe that CP should be provided additional time to seek
opportunities to see the bridge. If the bridge can be sold, the City's obligation to
contribute funding to the demolition will be avoided, otherwise the City will be required
to contribute approximately $4.8 million to the cost of demolition.
BACKGROUND
In 2001, the City of Niagara Falls acquired the CP rail corridor for the development of
the proposed people mover system. The acquisition agreement with CP obligated the
City to cover the demolition costs of the rail bridge if CP were unable to sell it by
December 31, 2021. In addition, the City is responsible for any reasonable maintenance
costs to the bridge to a maximum of$100,000 per year. This agreement has been
renewed every 5 years.
Staff recently met with CP staff to discuss an additional five (5) year extension. CP staff
have agreed to the extension.
ANALYSIS/RATIONALE
In extending the agreement for an additional five (5) year period, the City defers
incurring the demolition costs. Staff of CP Rail continue to try and sell the bridge and
have received a couple offers to purchase, however, for various reasons, the
transactions were not executed.
2
BDD-2016-002
December 13, 2016
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The City's purchase of the rail corridor had two conditions. First, the City was required
to fund annual maintenance costs. Since the term of the agreement, $270,294 has been
spent by the City on maintenance. These expenses have been offset by a Special
Purpose Reserve established for this purpose. However, in future years, funding will be
required from an alternate source as the SPR has been exhausted.
Secondly, the City committed to future contribution to any demolition costs. This
commitment would only be required should CP have to demolish the bridge. Staff
believe it is advantageous at this time to extend the agreement and allow CP staff
further opportunities to sell the bridge. The original commitment required that the City
hold reserves adequate for the demolition. The amount identified in the original
agreement was $4 million with an escalation of the amount increased by the annual
CPI. It is estimated that the current obligation exceeds $4.8 million. At present, staff
have identified that the Capital/Operating Reserve is being held for this purpose.
CITY'S STRATEGIC COMMITMENT
Financial stability.
LIST OF ATTACHMENTS
Recommended by: �
S ge Fe icetti, Director of Business Development
Respectfully submitted:
Ke Todd, Chief Administrative Officer
Attach.
SF:lb
F-2016-45
Niagara,Falls December 13, 2016
CA NADA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2016-45
Approval of Interim 2017 Spending Limits
RECOMMENDATION
That, in the absence of an adopted 2017 General Purposes Budget, City Council
approves that City departments be allowed to incur costs to a level of 50% of the
departments' expenditure budget of the prior year.
EXECUTIVE SUMMARY
Spending authority is delegated to the staff by Council through the approval of the
annual budgets. Interim spending authority provides staff with similar authority within
approved limits during the year up to the date of passage of said budgets.
BACKGROUND
Staff's authority to make payments to staff and suppliers is derived from an approved
Annual Operations budget. Preparation of the 2017 General Purposes Budget, 2017
Utility Budgets and 2017 Capital Budget are underway. As a result, staff requests that
Council approve interim spending limits for 2017 until these are approved. The
Municipal Act, 2001 (Section 317) provides Council with the opportunity to authorize
staff to operate and remit payments for expenditures incurred prior to the approval of a
2017 budget. This authority is required for the City to maintain its operations until the
final budgets are approved.
Consideration of the 2017 budget has started but will not be approved until the new
year, all departments should be able to operate with an interim spending approval of
approximately 50% of the 2017 budget. If Council approval of the budget is not
achieved by the end of May, 2017, a further report with an amended interim spending
authority will be submitted.
Recommended by:
Todd arrison, Direct sof inance
Respectfully submitted: tt
Ken Todd, Chief Administrative Officer
F-2016-47
Niagaraaalls December 13, 2016
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2016-47
Municipal Accounts
RECOMMENDATION
That Council approve the municipal accounts totaling $4,514,258.99 for the period June
11, 2016 to June 22, 2016.
EXECUTIVE SUMMARY
The accounts have been reviewed by the Director of Finance and the by-law authorizing
payment is listed on tonight's Council agenda.
BACKGROUND
City Staff prepares a listing of payments made by staff in the month prior to Council
meeting. Normally these listings follow the preceding month end payments. In the
review of the reports as part of the Finance staff's preparation for the year end, it was
recognized that payments from June 11, 2016 to June 22, 2016 were not included. Staff
is bringing this report forward at this time.
Recommended by:
Todd Harri on, Dsir -e or of Finance
12
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 1 of 6
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
1405221 ONTARIO LTD.0/A D&D TRUCKING&CONSTRUCTION S 395378 15-Jun-2016 CONTRACT SERVICES 480.25
1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATS 395592 22-Jun-2016 MATERIALS 1,977.78
1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 395379 15-Jun-2016 MATERIALS 127.25
1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 395593 22-Jun-2016 STORES/INVENTORY 60.00
1806155 ONTARIO LTD 395380 15-Jun-2016 REFUND 757.93
2030688 ONTARIO LTD 395594 22-Jun-2016 LEASES AND RENTS 9,284.45
2095527 ONTARIO LTD 395381 15-Jun-2016 LEASES AND RENTS 1,423.80
407 ETR EXPRESS TOLL ROUTE 395595 22-Jun-2016 SERVICES 188.31
800460 ONTARIO LTD.0/A FRUITBELT DEVELOPMENT 395382 15-Jun-2016 CONTRACT SERVICES 1,050,942.68
942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 395596 22-Jun-2016 MATERIALS 96.05
984265 ONTARIO LTD o/a CIRCLE P PAVING 395383 15-Jun-2016 CONTRACT SERVICES 3,711.35
A&A EXHAUST SYSTEMS 395385 15-Jun-2016 CONTRACT SERVICES 3,034.23
AM BIGGAR'S LOCKSMITH&SECURITY 395384 15-Jun-2016 MATERIALS 14.31
ADVANCE TOWING 395386 15-Jun-2016 CONTRACT SERVICES 395.50
ADVANCE TOWING 395597 22-Jun-2016 VEH ID#220 423.75
AFFILIATED CUSTOMS BROKERS LTD 395387 15-Jun-2016 MATERIALS 400.42
AFFILIATED CUSTOMS BROKERS LTD 395598 22-Jun-2016 SERVICES 56.59
AJ STONE COMPANY LTD 395388 15-Jun-2016 MATERIALS 1,137.57
AJ STONE COMPANY LTD 395599 22-Jun-2016 MATERIALS 10,073.68
ALFIDOME CONSTRUCTION 395389 15-Jun-2016 CONTRACT SERVICES 189,230.83
ALFIDOME CONSTRUCTION 395600 22-Jun-2016 MATERIALS 9,605.00
ALISON'S SPORTS AWARDS&PROMOTIONS 395390 15-Jun-2016 MATERIALS 64.41
ALL PRO RENTALS 395393 15-Jun-2016 MATERIALS 678.00
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 395392 15-Jun-2016 MATERIALS 35.34
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 395601 22-Jun-2016 MATERIALS 158.65
ALLIED MEDICAL INSTRUMENTS INC 395602 22-Jun-2016 MATERIALS 1,751.58
AMEC FOSTER WHEELER ENVIRONMENT&INFRASTRUCTURE 395603 22-Jun-2016 CONSULTING SERVICES 8,158.60
ANNEX PUBLISHING&PRINTING-BOOKSTORE 395395 15-Jun-2016 MATERIALS 842.33
ARIVA 395604 22-Jun-2016 MATERIALS 161.56
ARTISTA DESIGN&PRINT INC 395396 15-Jun-2016 MATERIALS 39.55
ASSOCIATED ENGINEERING(ONT)LTD 395397 15-Jun-2016 CONSULTING SERVICES 1,788.79
AUTOMATION DEVICES CANADA LIMITED 395605 22-Jun-2016 VEH ID#203 435.05
BAGLIERI,JONATHAN 395398 15-Jun-2016 TRAINING 57.44
BAIN PRINTING LIMITED 395606 22-Jun-2016 ADVERTISING 1,248.09
BAKER 395607 22-Jun-2016 STORES/INVENTORY 590.53
BARGAIN KING CUSTOM APPAREL 395608 22-Jun-2016 MATERIALS 1,293.85
BCR ELECTRIC LIMTED 395400 15-Jun-2016 CONTRACT SERVICES 12,955.45
BEATTIES BASICS 395401 15-Jun-2016 MATERIALS 199.31
BELL CANADA-PUBLIC ACCESS 395403 15-Jun-2016 SERVICES 169.50
BELL MOBILITY INC. 395405 15-Jun-2016 LEASES AND RENTS 11,404.34
BELL,AMBER 395402 15-Jun-2016 TRAINING 216.60
BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 395406 15-Jun-2016 VEH ID#239/236/256 1,106.59
BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 395609 22-Jun-2016 VEH ID#258/259 33,109.00
BENNETT,CATHARINE 395407 15-Jun-2016 TRAVEUMILEAGE 120.00
BERNAT,CLARK 395610 22-Jun-2016 PETTY CASH 391.90
BIBLIOLABS LLC US DRAFT 14-Jun-2016 MATERIALS 1,700.00
SICKLE MAIN INDUSTRIAL SUPPLY INC 395611 22-Jun-2016 MATERIALS 180.58
BILODEAU,MATHEW 395409 15-Jun-2016 TRAVEUMILEAGE 90.18
BIRD,JOURDAN 395410 15-Jun-2016 TRAVEUMILEAGE 186.83
BOBCAT OF HAMILTON LTD 395612 22-Jun-2016 VEH ID#220 908.79
BOLAND,BRAD 395411 15-Jun-2016 SERVICES 645.00
BOWMAN,SCOTT 395412 15-Jun-2016 REFUND 73.83
BOYS&GIRLS CLUB OF NIAGARA 395613 22-Jun-2016 GRANT 16,500.00
BRINKS CANADA LTD 395614 22-Jun-2016 CONTRACT SERVICES 2,727.44
BROCK FORD 395413 15-Jun-2016 STORES/INVENTORY 985.12
BROCK FORD 395615 22-Jun-2016 MATERIALS 613.12
BROUWER'S CUSTOM UPHOLSTERY LTD 395616 22-Jun-2016 MATERIALS 1,186.50
BRUNNING,MARGARET 395617 22-Jun-2016 SERVICES 65.00
BRYAN,PATRICE DOROTHEA 395414 15-Jun-2016 REFUND 119.25
CALE SYSTEMS INC 395618 22-Jun-2016 CONTRACT SERVICES 1,209.10
CANADA POST CORPORATION 395591 17-Jun-2016 SERVICES 846.37
CANADA POST CORPORATION 00025-0001 13-Jun-2016 MATERIALS 4,031.12
CANADIAN DOOR DOCTOR 395620 22-Jun-2016 MATERIALS 531.10
CANADIAN LINEN&UNIFORM 395415 15-Jun-2016 CONTRACT SERVICES 421.32
CANADIAN LINEN&UNIFORM 395621 22-Jun-2016 CONTRACT SERVICES 124.91
CANADIAN NATIONAL 395622 22-Jun-2016 CONTRACT SERVICES 3,625.50
CANADIAN PACIFIC RAILWAY CO 395416 15-Jun-2016 CONTRACT SERVICES 1,141.50
CANDELORO,MELISSA 395619 22-Jun-2016 MATERIALS 120.00
CARQUEST 395417 15-Jun-2016 STORES/INVENTORY 194.12
CARR MCLEAN 395623 22-Jun-2016 MATERIALS 174.31
CARRICK,MARZENNA 395418 15-Jun-2016 TRAVEUMILEAGE 1,820.99
CARTER,PAUL 395419 15-Jun-2016 TRAVEUMILEAGE 185.34
CASTLE MECHANICAL 395420 15-Jun-2016 CONTRACT SERVICES 4,665.20
Page 2 of 6
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
CENTENNIAL INFRASTRUCTURE INC 395421 15-Jun-2016 CONTRACT SERVICES 60,939.50
CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 395624 22-Jun-2016 REFUND 1,111.40
CERMINARA,JAMES 395422 15-Jun-2016 MATERIALS 138.07
CH2M HILL CANADA LTD 395423 15-Jun-2016 CONSULTING SERVICES 35,820.42
CHAMBERS,BOB 395424 15-Jun-2016 TRAVEUMILEAGE 199.26
CHARLES JONES INDUSTRIAL LTD 395425 15-Jun-2016 STORES/INVENTORY 1,267.60
CHARLES JONES INDUSTRIAL LTD 395625 22-Jun-2016 STORES/INVENTORY 1,436.39
CHIEFS HEAVY TRUCK COLLISION 395626 22-Jun-2016 VEH ID#572 847.50
CHIPPAWA LIONS PARK 395627 22-Jun-2016 GRANT 35,000.00
CIMCO REFRIGERATION 395426 15-Jun-2016 CONTRACT SERVICES 1,622.08 I
CIMCO REFRIGERATION 395628 22-Jun-2016 CONTRACT SERVICES 706.81
CJ GLOBAL INVESTMENT LTD 00025-0002 13-Jun-2016 LEASES AND RENTS 7,967.64
CLAXTON,GINA&CLAXTON,MICHAEL 395427 15-Jun-2016 REFUND 184.77
CLAYDON,JEFF 395428 15-Jun-2016 TRAVEL/MILEAGE 106.92
C-MAX FIRE SOLUTIONS 395429 15-Jun-2016 VEH ID#536/571/572 336.69
CODE 4 FIRE&RESCUE INC 395430 15-Jun-2016 MATERIALS 149.16
COMMISSIONAIRES 395431 15-Jun-2016 CONTRACT SERVICES 2,873.77
COMMISSIONAIRES 395629 22-Jun-2016 CONTRACT SERVICES 12,907.02
COMPLETE PLUMBING&CONTRACTING 395432 15-Jun-2016 CONTRACT SERVICES 900.00
CRAITOR,KIM 395433 15-Jun-2016 SERVICES 106.78
CRAWFORD&COMPANY(CANADA)INC 395434 15-Jun-2016 CONTRACT SERVICES 484.00
CRAWFORD&COMPANY(CANADA)INC 395631 22-Jun-2016 CONTRACT SERVICES 308.00
CRAWFORD,THOMAS JAMES 395632 22-Jun-2016 REFUND 750.00
CRUMP,THOMAS 395633 22-Jun-2016 MATERIALS 175.00
CRYDERMAN,GEORGE 395634 22-Jun-2016 MATERIALS 150.00
CUMMINS EASTERN CANADA LP 395436 15-Jun-2016 STORES/INVENTORY 1,972.91
CUMMINS EASTERN CANADA LP 395635 22-Jun-2016 STORES/INVENTORY 13,283.28
D K TECHNICAL SERVICES INC 395645 22-Jun-2016 MATERIALS 339.00
DARCH FIRE 395437 15-Jun-2016 VEH ID#535 1,210.23
DAVIDSON ENVIRONMENTAL 395636 22-Jun-2016 CONTRACT SERVICES 94.92
DAVIS,AHSLEE 395438 15-Jun-2016 REFUND 21.04
DE LAGE LANDEN FINANCIAL SERVICES CAN INC 395638 22-Jun-2016 LEASES AND RENTS 17,139.91
DEHAAN DESIGN COMPANY INCORPORATED 395637 22-Jun-2016 REFUND 1,250.00
DEMAR CONSTRUCTION INC. 395440 15-Jun-2016 CONTRACT SERVICES 85,510.79
DEMAR CONSTRUCTION INC. 395441 15-Jun-2016 CONTRACT SERVICES 12,835.14
DEMAR CONSTRUCTION INC. 395442 15-Jun-2016 CONTRACT SERVICES 100,153.40
DEMOL'S TIRE SALES&SERVICE 395443 15-Jun-2016 VEH ID#236 1,619.88
DEMOL'S TIRE SALES&SERVICE 395639 22-Jun-2016 VEH ID#68 41.37
DESIGN ELECTRONICS 395640 22-Jun-2016 MATERIALS 1,670.19
DEVEAU,BARBARA 395444 15-Jun-2016 REFUND 18.98
DEVRON SALES LTD 395445 15-Jun-2016 MATERIALS 4,611.01
DGN MARKETING SERVICES LTD 395446 15-Jun-2016 MATERIALS 12,964.88
DICAN DIGITAL INSTRUMENTS CANADA INC 395641 22-Jun-2016 MATERIALS 237.30
DILTS PISTON HYDRAULICS INC 395642 22-Jun-2016 CONTRACT SERVICES 565.00
DIODATI,JIM 395643 22-Jun-2016 TRAVEUMILEAGE 1,155.00
DISTRESS CENTRE NIAGARA 395644 22-Jun-2016 DONATION 250.00
DOWNBEAT PERCUSSION US DRAFT 14-Jun-2016 MATERIALS 1,250.00
DROST,GARY 395447 15-Jun-2016 MATERIALS 141.24
DRT CUSTOM HOMES&RENOVATIONS INC 395646 22-Jun-2016 REFUND 1,000.00
DTZ BARNICKE NIAGARA 395448 15-Jun-2016 CONSULTING SERVICES 1,447.81
DUGUAY,TRAVIS 395449 15-Jun-2016 REFUND 282.50
DULAT,DAVID 395450 15-Jun-2016 TRAVEUMILEAGE 199.26
DYNAMIC INDUSTRIAL SERVICES INC 395647 22-Jun-2016 CONTRACT SERVICES 1,936.06
EASTGATE TRUCK CENTRE 395648 22-Jun-2016 VEH ID#339 126.10
ELLIS ENGINEERING INC. 395649 22-Jun-2016 MATERIALS 6,015.06
EMCO CORPORATION 395451 15-Jun-2016 MATERIALS 1,149.03
EMCO CORPORATION 395650 22-Jun-2016 MATERIALS 339.93
ENBRIDGE 395452 15-Jun-2016 UTILITIES 838.38
ENBRIDGE 395651 22-Jun-2016 UTILITIES 1,001.66
ENSIGN ELECTRONIC ALARM SYSTEMS 395652 22-Jun-2016 SERVICES 101.70
E-QUIP RENTALS&REPAIRS INC 395454 15-Jun-2016 MATERIALS 8,234.78
E-QUIP RENTALS&REPAIRS INC 395654 22-Jun-2016 MATERIALS 1,302.37
EQUIPMENT SPECIALIST INC 395453 15-Jun-2016 LEASES AND RENTS 31,933.80
EQUIPMENT SPECIALIST INC 395653 22-Jun-2016 VEH ID#476 8,690.94
EVANOFF,VICTOR 395455 15-Jun-2016 TRAVEUMILEAGE 200.00
EVANS UTILITY SUPPLY LTD 395456 15-Jun-2016 MATERIALS 120.91
EVANS UTILITY SUPPLY LTD 395655 22-Jun-2016 MATERIALS 5,009.74
EXP SERVICES INC 395457 15-Jun-2016 CONSULTING SERVICES 8,069.33
EXP SERVICES INC 395656 22-Jun-2016 CONSULTING SERVICES 885.92
F.I.R.E.INC 0/A PROMUS NIAGARA 395461 15-Jun-2016 REFUND 1,250.00
FALLS CHEVROLET CADILLAC 395458 15-Jun-2016 VEH ID#61 34.17
FALLS CHEVROLET CADILLAC 395657 22-Jun-2016 CONTRACT SERVICES 406.80
FALLS ELECTRIC INC 395459 15-Jun-2016 CONTRACT SERVICES 2,620.02
FALLS MANOR LIMITED 395460 15-Jun-2016 REFUND 2,500.00
Page 3 of 6
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
FASTENAL CANADA LTD 395658 22-Jun-2016 MATERIALS 1,147.25
FIRE MARSHALS PUBLIC FIRE SAFETY COUNCIL 395462 15-Jun-2016 MATERIALS 1,450.92
FIRE MONITORING OF CANADA INC 395659 22-Jun-2016 CONTRACT SERVICES 1,782.19
FLAGS UNLIMITED INC 395463 15-Jun-2016 STORES/INVENTORY 546.64
FLEXO PRODUCTS LTD 395464 15-Jun-2016 STORES/INVENTORY 1,700.02
FLEXO PRODUCTS LTD 395660 22-Jun-2016 STORES/INVENTORY 272.69
FLYNN,ROSEMARY 395465 15-Jun-2016 REFUND 202.25
FRANZE,FRANK 395661 22-Jun-2016 TRAVEL/MILEAGE 275.38
FREW ENERGY LIMITED 395498 15-Jun-2016 FUEL 8,410.48
GALES GAS BARS 395662 22-Jun-2016 VEH ID#289 193.10
GALLERY WORKS NIAGARA INC 395663 22-Jun-2016 MATERIALS 113.00
GAULD,RONALD 395664 22-Jun-2016 REFUND 147.95
GHD LIMITED 395466 15-Jun-2016 CONSULTING SERVICES 13,068.89
GIRARDI,CHRISTINE 395467 15-Jun-2016 TRAVEL/MILEAGE 146.58
GLOBALSTAR CANADA 395468 15-Jun-2016 MATERIALS 112.98
GM BLUEPLAN ENGINEERING LIMITED 395469 15-Jun-2016 CONSULTING SERVICES 12,455.28
GOLDEN GATE INC 395470 15-Jun-2016 REFUND 438.10
GONCALVES,HILARIO PORTO 395471 15-Jun-2016 SERVICES 2,177.51
GRAYBAR CANADA 395472 15-Jun-2016 MATERIALS 195.09
GRAYBAR CANADA 395665 22-Jun-2016 MATERIALS 37.98
GREAT GULF(TORONTO 2000) 395473 15-Jun-2016 REFUND 2,000.00
GROUND AERIAL MAINTENANCE LTD 395474 15-Jun-2016 CONTRACT SERVICES 35,550.46
GROUND AERIAL MAINTENANCE LTD 395666 22-Jun-2016 CONTRACT SERVICES 31,757.20
GT FRENCH 395475 15-Jun-2016 STORES/INVENTORY 3,516.47
GT FRENCH 395667 22-Jun-2016 STORES/INVENTORY 1,622.07
H.BARBER&SONS INC. US DRAFT 14-Jun-2016 MATERIALS 1,074.64
HALCO MOBILE MFG SALES&SERVICE INC 395476 15-Jun-2016 CONTRACT SERVICES 452.00
HALCO MOBILE MFG SALES&SERVICE INC 395668 22-Jun-2016 CONTRACT SERVICES 452.00
HATCH CORPORATION 395477 15-Jun-2016 CONSULTING SERVICES 11,331.64
HATCH CORPORATION 395669 22-Jun-2016 CONSULTING SERVICES 1,519.85
HAYES,RYAN 395670 22-Jun-2016 REFUND 109.39
HECTRONIC USA CORP US DRAFT 14-Jun-2016 MATERIALS 495.00
HEUSERS STEEL WORKS LTD 395478 15-Jun-2016 CONTRACT SERVICES 271.20
HICKS MORLEY HAMILTON STEWART STORIE LLP 395479 15-Jun-2016 CONTRACT SERVICES 12,186.99
HOTSY CLEANING SYSTEMS 395480 15-Jun-2016 CONTRACT SERVICES 1,666.51
IBEC MACHINE KNIFE LTD 395481 15-Jun-2016 MATERIALS 64.41
INDACO MANUFACTURING LIMITED 395482 15-Jun-2016 CONTRACT SERVICES 238.50
INDEPENDENT SUPPLY COMPANY 395671 22-Jun-2016 MATERIALS 453.45
INSIDE VIEW INC. 395672 22-Jun-2016 TRAINING 4,169.70
INSPIRED MEDIA INC 395484 15-Jun-2016 MATERIALS 259.90
INTUITION LANDSCAPE 395673 22-Jun-2016 CONTRACT SERVICES 5,944.42
J J MACKAY CANADA LTD 395675 22-Jun-2016 CONTRACT SERVICES 53.64
JACKSON,DAVE 395674 22-Jun-2016 REFUND 35.99
JBM OFFICE SYSTEMS LTD 395485 15-Jun-2016 MATERIALS 1,034.97
JORDAN,JIM 395676 22-Jun-2016 SERVICES 587.60
KAUFMAN,KRIS 395677 22-Jun-2016 REFUND 1,000.00
KEITH'S PLUMBING&HEATING INC 395678 22-Jun-2016 CONTRACT SERVICES 33,419.04
KELLY DIGS LANDSCAPING 395679 22-Jun-2016 CONTRACT SERVICES 5,719.69
KENWORTH TORONTO LTD 395486 15-Jun-2016 STORES/INVENTORY 220.35
KERRY T HOWE ENGINEERING LTD 395487 15-Jun-2016 CONTRACT SERVICES 3,460.64
KERRY T HOWE ENGINEERING LTD 395680 22-Jun-2016 CONSULTING SERVICES 124.30
KING,CRYSTAL LEE 395681 22-Jun-2016 REFUND 521.94
KIT CARE CORPORATION 395682 22-Jun-2016 STORES/INVENTORY 298.32
KOMAROMI,TANIT 395683 22-Jun-2016 REFUND 170.17
KRONSTEIN,MARK 395488 15-Jun-2016 TRAVEL/MILEAGE 210.00
KROWN 395489 15-Jun-2016 VEH ID#85 86 101 677 130 652 678 1,502.84
KROWN 395684 22-Jun-2016 VEH ID#45 304.98
LAFARGE CANADA INC 395685 22-Jun-2016 MATERIALS 989.88
LAKE'S MAINTENANCE 395686 22-Jun-2016 CONTRACT SERVICES 384.77
LALLOUET,ERIC 395490 15-Jun-2016 TRAVEL/MILEAGE 68.58
LANDTEK LIMITED 395687 22-Jun-2016 CONSULTING SERVICES 26,035.20
LAURCOAT INC. 395688 22-Jun-2016 MATERIALS 542.40
LAW CRUSHED STONE 395491 15-Jun-2016 MATERIALS 656.88
LAWNS AND MORE INC. 395492 15-Jun-2016 MATERIALS 7,616.67
LAWSON PRODUCTS INC 395493 15-Jun-2016 MATERIALS 1,148.69
LAWSON PRODUCTS INC 395689 22-Jun-2016 MATERIALS 372.37
LEAD MECHANICAL 395690 22-Jun-2016 CONTRACT SERVICES(WRAP2016-( 900.00
LEMON,BLAIR 395494 15-Jun-2016 MEMBERSHIP 135.60
LIDSTER,JACK 395692 22-Jun-2016 MATERIALS 250.00
LINCOLN APPLIANCE SERVICE CENTRE INC 395497 15-Jun-2016 MATERIALS 395.50
LOU PERRY US DRAFT 14-Jun-2016 REIMBURSEMENT 343.12
LUCIDMAP 395693 22-Jun-2016 MATERIALS 7,311.10
LUEY,CATHERINE 395500 15-Jun-2016 REFUND 53.96
M&L SUPPLY FIRE AND SAFETY 395702 22-Jun-2016 MATERIALS 66.15
Page 4 of 6
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
MAJELLA,LOSIER 395501 15-Jun-2016 REFUND 90.70
MANOR CLEANERS 395694 22-Jun-2016 SERVICES 198.54
MAR-CO CLAY PRODUCTS INC 395695 22-Jun-2016 MATERIALS 2,623.23
MARSTON,ELIZABETH ANN 395502 15-Jun-2016 REFUND 141.15
MCD MECHANICAL 395503 15-Jun-2016 CONTRACT SERVICES(WRAP20154 5,595.00
MCDOW,CHRISTOPHER 395697 22-Jun-2016 REFUND 260.02
MCLAUGHLIN,BRYAN 395699 22-Jun-2016 REFUND 750.00
MCNAMARA,SUSAN 395504 15-Jun-2016 TRAVEUMILEAGE 210.00
MEDIA PRO INC 395505 15-Jun-2016 MATERIALS 271.20
MEDIA PRO INC 395700 22-Jun-2016 MATERIALS 122.04
MEGA-LAB MANUFACTURING CO.LTD 395506 15-Jun-2016 STORES/INVENTORY 403.41
METRO PLUMBING&HEATING 395507 15-Jun-2016 CONTRACT SERVICES(WRAP2016-( 24,416.56
MILLER,ANGELA 395509 15-Jun-2016 MATERIALS 32.91
MILLER,RONALD 395508 15-Jun-2016 TRAVEUMILEAGE 210.00
MINISTRY OF ATTORNEY GENERAL 395510 15-Jun-2016 PAYROLL REMITTANCE 2,788.56
MISZK,EMILY 395701 22-Jun-2016 REFUND 94.64
MODERN LANDFILL INC 395511 15-Jun-2016 CONTRACT SERVICES 4,254.28
MODERN LANDFILL INC 395703 22-Jun-2016 CONTRACT SERVICES 2,059.78
MOHAWK MFG&SUPPLY CO 395512 15-Jun-2016 STORES/INVENTORY 3,920.58
MOHAWK MFG&SUPPLY CO 395704 22-Jun-2016 STORES/INVENTORY 973.16
MONTGOMERY BROS./NORTHLAND SUPPLY 395513 15-Jun-2016 CONTRACT SERVICES 9,746.26
MUNICIPAL ASSOCIATES INC 395514 15-Jun-2016 SERVICES 3,390.00
NATIONAL FLEET CARE LONDON 395515 15-Jun-2016 VEH ID#681,684,688,687 1,288.20
NEDERMAN CANADA LIMITED 395705 22-Jun-2016 MATERIALS 14,853.85
NEW FLYER INDUSTRIES CANADA ULC 395516 15-Jun-2016 STORES/INVENTORY 5,230.87
NEW FLYER INDUSTRIES CANADA ULC 395706 22-Jun-2016 STORES/INVENTORY 1,288.36
NIAGARA ANALYTICAL LABORATORIES INC 395707 22-Jun-2016 CONTRACT SERVICES 748.06
NIAGARA BATTERY&TIRE 395517 15-Jun-2016 VEH ID#223 955.90
NIAGARA BATTERY&TIRE 395708 22-Jun-2016 VEH ID#247 1,006.77
NIAGARA BLOCK INCORPORATED 395518 15-Jun-2016 MATERIALS 5,635.76
NIAGARA CHRYSLER DODGE JEEP 395519 15-Jun-2016 VEH ID#332 378.39
NIAGARA CRACK SEALING 395709 22-Jun-2016 CONTRACT SERVICES 8,152.73
NIAGARA DISTRICT AIRPORT 395520 15-Jun-2016 GRANT 105,731.00
NIAGARA FALLS ART GALLERY 395710 22-Jun-2016 GRANT 2,783.33
NIAGARA FALLS BADMINTON TENNIS&LAWN BOWLING CLUB 395711 22-Jun-2016 GRANT 2,666.00
NIAGARA FALLS CONCERT BAND 395712 22-Jun-2016 GRANT 3,600.00
NIAGARA FALLS HUMANE SOCIETY 395713 22-Jun-2016 REMITTANCE 40,115.17
NIAGARA FALLS ILLUMINATION BOARD 395714 22-Jun-2016 GRANT 40,628.00
NIAGARA FALLS LAWN BOWLING CLUB 395715 22-Jun-2016 GRANT 2,280.00
NIAGARA FALLS TOURISM ASSOCIATION 395716 22-Jun-2016 GRANT 30,000.00
NIAGARA FITNESS SOLUTIONS 395521 15-Jun-2016 MATERIALS 333.35
NIAGARA FITNESS SOLUTIONS 395717 22-Jun-2016 MATERIALS 621.50
NIAGARA METER SERVICES INC. 395522 15-Jun-2016 CONTRACT SERVICES 3,267.28
NIAGARA ON THE LAKE HYDRO INC 395718 22-Jun-2016 UTILITIES 164.89
NIAGARA PENINSULA ENERGY INC 395523 15-Jun-2016 UTILITIES 30,194.51
NIAGARA PENINSULA ENERGY INC 395719 22-Jun-2016 UTILITIES 2,265.44
NIAGARA REGIONAL BROADBAND NETWORK 395720 22-Jun-2016 MATERIALS 8,544.17
NIAGARA RIVER TRADING COMPANY 395526 15-Jun-2016 MATERIALS 230.52
NIAGARA THIS WEEK 395721 22-Jun-2016 ADVERTISING 547.49
NIAGARA WATER CONDITIONING LTD 395524 15-Jun-2016 CONTRACT SERVICES 49.72
NICHOLLS MARINE LTD 395525 15-Jun-2016 MATERIALS 1,300.24
NORTH-SOUTH ENVIRONMENTAL INC 395722 22-Jun-2016 CONTRACT SERVICES 1,398.21
OAKES DRIVE MOTEL LTD 395723 22-Jun-2016 REFUND 399.20
OATLEY,SHAWN 395527 15-Jun-2016 TRAVEUMILEAGE 254.80
ONE FOUNDATION FOR NIAGARA HEALTH SYSTEM 395724 22-Jun-2016 GRANT 50,000.00
ONOFRIO,CARL DAVID 395725 22-Jun-2016 SERVICES 100.00
ONTARIO GAMING ASSET CORPORATION 395528 15-Jun-2016 REFUND 2,500.00
ONTARIO PARKS ASSOCIATION 395529 15-Jun-2016 MEMBERSHIP 791.00
ONTARIO SEED COMPANY LTD 395530 15-Jun-2016 MATERIALS 4,737.53
ORKIN CANADA CORPORATION 395726 22-Jun-2016 CONTRACT SERVICES 141.25
OVERLAND CUSTOM COACH(2007)INC. 395531 15-Jun-2016 STORES/INVENTORY 3,680.98
OVERLAND CUSTOM COACH(2007)INC. 395727 22-Jun-2016 STORES/INVENTORY 3,642.27
PARADISE POOLS 395532 15-Jun-2016 MATERIALS 44.04
PBI-PRINTING BY INNOVATION INC 395728 22-Jun-2016 MATERIALS 788.74
PENNER BUILDING CENTRE 395533 15-Jun-2016 MATERIALS 139.42
PENNER BUILDING CENTRE 395729 22-Jun-2016 MATERIALS 428.85
PERRI-MED 395534 15-Jun-2016 MATERIALS 812.36
PIC'S MOTOR CLINIC 395535 15-Jun-2016 STORES/INVENTORY 1,082.99
PIC'S MOTOR CLINIC 395730 22-Jun-2016 STORES/INVENTORY 1,872.07
PINERIDGE TREE SERVICE LTD 395536 15-Jun-2016 MATERIALS 3,796.80
PINERIDGE TREE SERVICE LTD 395731 22-Jun-2016 CONTRACT SERVICES 2,847.60
POSTMEDIA NETWORK INC 395780 22-Jun-2016 ADVERTISING 7,818.48
PRAXAIR 395732 22-Jun-2016 MATERIALS 508.20
PREVOST 395537 15-Jun-2016 STORES/INVENTORY 1,022.60
Page 5 of 6
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
PREVOST 395733 22-Jun-2016 STORES/INVENTORY 1,276.59
PRINTING HOUSE LTD 395538 15-Jun-2016 MATERIALS 238.89
PRINTING HOUSE LTD 395734 22-Jun-2016 MATERIALS 321.37
PROJECT SHARE 395735 22-Jun-2016 GRANT 24,866.67
PUROLATOR COURIER 395539 15-Jun-2016 COURIER 448.43
PUROLATOR COURIER 395736 22-Jun-2016 COURIER 118.66
PVS CONTRACTORS 395737 22-Jun-2016 CONTRACT SERVICES 56,610.74
QUALITY READY MIX DIVISION OF LAFARGE CANADA INC 395540 15-Jun-2016 MATERIALS 1,507.42
QUARTEK GROUP INC 395738 22-Jun-2016 CONTRACT SERVICES 9,051.07
R J SMITH EQUIPMENT INC 395746 22-Jun-2016 MATERIALS 2,548.09
R.STASIAK ENGINEERING INC 395749 22-Jun-2016 CONTRACT SERVICES 5,169.75
RACO AUTO SUPPLY LTD 395541 15-Jun-2016 STORES/INVENTORY 1,258.48
RACO AUTO SUPPLY LTD 395739 22-Jun-2016 STORES/INVENTORY 706.79
RANKIN CONSTRUCTION INC 395740 22-Jun-2016 CONTRACT SERVICES 346,317.69
RANKIN CONSTRUCTION INC 395741 22-Jun-2016 CONTRACT SERVICES 429,205.54
RAYMOND,FRANKLIN&RAYMOND,HEATHER 395542 15-Jun-2016 REFUND 8.30
REAL PEOPLE'S HISTORY 395742 22-Jun-2016 MATERIALS 107.82
REALTAX INC 395543 15-Jun-2016 SERVICES 1,131.41
RECEIVER GENERAL 395544 15-Jun-2016 PAYROLL REMITTANCE 555,738.18
RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. 395743 22-Jun-2016 VEH ID#212 125.92
REFRIGERATION ENERGY SOLUTIONS LTD 395545 15-Jun-2016 CONTRACT SERVICES 4,342.73
REFRIGERATION ENERGY SOLUTIONS LTD 395744 22-Jun-2016 MATERIALS 8,924.76
REGIONAL MUNICIPALITY OF NIAGARA 00025-0003 13-Jun-2016 MATERIALS 4,106.50
RELIABLE PROMOTIONS 395546 15-Jun-2016 ADVERTISING 816.99
RIDLEY,LORRAINNE 395745 22-Jun-2016 REFUND 136.08
ROGERS WIRELESS INC 395747 22-Jun-2016 CONTRACT SERVICES 2,987.56
RONALD C.ELLENS APPRAISALS INC 395547 15-Jun-2016 SERVICES 3,991.80
RONALD C.ELLENS APPRAISALS INC 395748 22-Jun-2016 CONTRACT SERVICES 2,563.41
S&S INDUSTRIES 395750 22-Jun-2016 MATERIALS 793.26
SAFE STOR RECORDS MANAGEMENT 395752 22-Jun-2016 CONTRACT SERVICES 167.24
SAFETY-KLEEN CANADA INC 395548 15-Jun-2016 CONTRACT SERVICES 619.46
SAFETY-KLEEN CANADA INC 395751 22-Jun-2016 STORES/INVENTORY 3,265.70
SANDERSON,VICTORIA&BROTHERSTON,SHANE 395549 15-Jun-2016 REFUND 134.35
SANI GEAR 395753 22-Jun-2016 MATERIALS 910.22
SASIC FURNITURE 395550 15-Jun-2016 MATERIALS 2,226.10
SCERBO,SUSAN 395754 22-Jun-2016 TRAVEUMILEAGE 31.23
SEALER WORKS INC. 395551 15-Jun-2016 CONTRACT SERVICES 2,670.76
SEALER WORKS INC. 395757 22-Jun-2016 CONTRACT SERVICES 4,217.16
SEASON GROUP CORPORATION 395756 22-Jun-2016 MATERIALS 2,076.38
SEAWAVES DEVELOPMENT SERVICES INC. 395552 15-Jun-2016 CONTRACT SERVICES 49,552.67
SENIORS REVIEW 395758 22-Jun-2016 ADVERTISING 1,130.00
SENKERIK FIRE PROTECTION 395553 15-Jun-2016 CONTRACT SERVICES 159.24
SERVICEMASTER CLEAN OF NIAGARA 395554 15-Jun-2016 CONTRACT SERVICES 3,587.75
SERVICEMASTER CLEAN OF NIAGARA 395759 22-Jun-2016 CONTRACT SERVICES 3,402.43
SHELTON,HARVEY 395555 15-Jun-2016 MEMBERSHIP 135.60
SHEN,WEI 395761 22-Jun-2016 REFUND 500.00
SHERWIN-WILLIAMS 395556 15-Jun-2016 MATERIALS 532.50
SHERWIN-WILLIAMS 395762 22-Jun-2016 MATERIALS 64.29
SIDON,ETHEL 395765 22-Jun-2016 REFUND 1,669.20
SIGNATURE SIGNS 395766 22-Jun-2016 MATERIALS 703.43
SIGTRONICS CORPORATION US DRAFT 14-Jun-2016 MATERIALS 159.73
SIMPLISTIC LINES INC 395558 15-Jun-2016 MATERIALS 16,089.15
SIMS,CHRISTINE 395767 22-Jun-2016 REFUND 115.37
SINCLAIR,AMY&MCRAE,PAUL 395559 15-Jun-2016 REFUND 24.31
SPARKS,BRIAN 395769 22-Jun-2016 TRAVEUMILEAGE 104.31
SPARTAN RESCUE INC. 395768 22-Jun-2016 MATERIALS 2,356.78
ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 395562 15-Jun-2016 VEH ID#686 828.11
ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 395774 22-Jun-2016 VEH ID#476 126.80
ST JOHN AMBULANCE 395777 22-Jun-2016 GRANT 2,741.67
ST JOHN AMBULANCE 395778 22-Jun-2016 GRANT 36,910.81
STAMFORD HOME HARDWARE 395560 15-Jun-2016 MATERIALS 68.86
STAMFORD HOME HARDWARE 395771 22-Jun-2016 MATERIALS 11.96
STAMFORD LIONS CLUB INC 395770 22-Jun-2016 GRANT 4,000.00
STAMFORD VOLUNTEER FIREMAN'S ASSOCIATION 395772 22-Jun-2016 GRANT 20,000.00
STAPLES ADVANTAGE 395561 15-Jun-2016 STORES/INVENTORY 211.54
STAPLES ADVANTAGE 395773 22-Jun-2016 STORES/INVENTORY 671.49
STEED&EVANS LIMITED 395775 22-Jun-2016 CONTRACT SERVICES 48,081.50
STITCH IT CANADA'S TAILOR 395776 22-Jun-2016 MATERIALS 41.74
STREAMLINE UPHOLSTERY INC 395563 15-Jun-2016 MATERIALS 367.25
SUNCOR ENERGY PRODUCTS PARTNERSHIP 395779 22-Jun-2016 FUEL 41,497.17
SUPERIOR LAUNDRY SERVICE LTD. 395565 15-Jun-2016 CONTRACT SERVICES 85.88
SUPERIOR LAUNDRY SERVICE LTD. 395781 22-Jun-2016 CONTRACT SERVICES 578.58
SUPERIOR WHOLESALE FOODS 395564 15-Jun-2016 MATERIALS 366.58
TALK WIRELESS INC 395566 15-Jun-2016 CONTRACT SERVICES 525.45
Page 6 of 6
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name Cheque No. Cheque Date Purpose Amount
TALK WIRELESS INC 395782 22-Jun-16 CONTRACT SERVICES 1,156.88
TAYLORS WATER SERVICE 395783 22-Jun-2016 MATERIALS 75.00
TECHNICAL STANDARDS&SAFETY AUTHORITY 395567 15-Jun-2016 CONTRACT SERVICES 435.05
THE HIT MEN BRASS BAND US DRAFT 14-Jun-2016 MATERIALS 1,500.00
THYSSENKRUPP ELEVATOR(CANADA)LIMITED 395569 15-Jun-2016 CONTRACT SERVICES 370.28
TIKKY,MARIANNE 395785 22-Jun-2016 TRAVEUMILEAGE 450.00
TODD,KEN 395786 22-Jun-2016 REFUND 1,573.34
TOP SHOT HOCKEY INC 395570 15-Jun-2016 MATERIALS 2,542.50
TOPLIFFE,JEANETTE 395787 22-Jun-2016 REFUND 2,608.35
TOROMONT INDUSTRIES LTD 395571 15-Jun-2016 VEH ID#203 4,238.10
TOUCHSTONE SITE CONTRACTORS 395572 15-Jun-2016 MATERIALS 3,822.23
TOWN OF GODERICH 395788 22-Jun-2016 MATERIALS 563.87
TRUGREEN 395573 15-Jun-2016 CONTRACT SERVICES 585.45
TURF CARE PRODUCTS CANADA LIMITED 395574 15-Jun-2016 MATERIALS 784.10
TURF CARE PRODUCTS CANADA LIMITED 395789 22-Jun-2016 MATERIALS 45.09
ULINE CANADA CORPORATION 395575 15-Jun-2016 MATERIALS 178.86
UNITED ROTARY BRUSH CORPORATION OF CANADA 395576 15-Jun-2016 MATERIALS 1,127.18
UPPER CANADA CONSULTANTS 395577 15-Jun-2016 CONTRACT SERVICES 9,675.45
URBAN&ENVIRONMENTAL MANAGEMENT INC 395790 22-Jun-2016 CONTRACT SERVICES 5,545.48
VANDEN BUSSCHE IRRIGATION 395578 15-Jun-2016 MATERIALS 395.05
VITTIE,JANET 395791 22-Jun-2016 TRAVEUMILEAGE 295.92
W S WALTERS CONSTRUCTION LIMITED 395588 15-Jun-2016 REFUND 750.00
WAJAX POWER SYSTEMS 395792 22-Jun-2016 STORES/INVENTORY 7,768.60
WALKER AGGREGATES INC 395579 15-Jun-2016 MATERIALS 9,913.18
WALKER AGGREGATES INC 395793 22-Jun-2016 MATERIALS 2,052.03
WALSH,JOHN 395581 15-Jun-2016 TRAVEUMILEAGE 80.00
WARRINER,NATHAN 395582 15-Jun-2016 MATERIALS 100.00
WASHINGTON,DEBORAH 395583 15-Jun-2016 TRAVEUMILEAGE 110.00
WASTE MANAGEMENT 395794 22-Jun-2016 CONTRACT SERVICES 114.11
WESCO DISTRIBUTION CANADA INC 395584 15-Jun-2016 STORES/INVENTORY 708.51
WESCO DISTRIBUTION CANADA INC 395795 22-Jun-2016 STORES/INVENTORY 70.85
WEST MICHIGAN HOMESCHOOL FINE ARTS US DRAFT 14-Jun-2016 MATERIALS 1,700.00
WILLOUGHBY MANOR 395586 15-Jun-2016 MATERIALS 99.33
WINDYLANE DEVELOPMENTS INC 395797 22-Jun-2016 REFUND 1,000.00
WINTER FESTIVAL OF LIGHTS 395798 22-Jun-2016 GRANT 28,500.00
WOMEN'S PLACE OF SOUTH NIAGARA INC 395799 22-Jun-2016 GRANT 1,612.50
WORK AUTHORITY 395800 22-Jun-2016 MATERIALS(SAFETY SHOES) 750.00
WSIB 395801 22-Jun-2016 REMITTANCE 29,317.27
WSP CANADA INC 395587 15-Jun-2016 MATERIALS 14,803.00
WYLIE,BRENDA 395802 22-Jun-2016 PETTY CASH 423.00
XEROX BUSINESS SERVICES LLC US DRAFT 14-Jun-2016 MATERIALS 6,945.00
XPLORNET COMMUNICATIONS INC 395803 22-Jun-2016 SERVICES 338.83
YELLOW PAGES GROUP 395589 15-Jun-2016 ADVERTISING 179.11
YELLOW PAGES GROUP 395804 22-Jun-2016 ADVERTISING 19.32
YMCA OF NIAGARA 395590 15-Jun-2016 CONTRACT SERVICES 3,536.19
YMCA OF NIAGARA 395805 22-Jun-2016 CONTRACT SERVICES 3,823.02
YWCA NIAGARA REGION 395806 22-Jun-2016 GRANT 4,277.75
Total 4,514,258.99
FS-2016-07
Niagaraalls December 13, 2016
CAVA UA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Fire Department
SUBJECT: FS-2016-07
Fire Department Establishing and Regulating By-law
RECOMMENDATION
That the Establishing and Regulating By-law no. 86-67 be repealed in its entirety and a
new by-law on tonight's agenda be approved.
BACKGROUND
Fire Protection in Ontario is mandated and is a municipal responsibility. It is the
responsibility of municipal councils to be familiar with general fire protection
requirements, practices and procedures (i.e., The Fire Protection and Prevention Act,
1997). Where a municipality establishes and maintains a fire department, it is required
that an "Establishing and Regulating By-law" (E & R By-law) be created.
Since the last by-law amendment, there has been significant change in the
management of the fire service as well as trends and issues that required the existing
by-law to be repealed. Highlights include, but are not limited to, the following:
• Changes in text, definition(s), and general wording to reflect changes to current
affecting legislation such as amendments to the Fire Protection and Prevention
Act; which include the addition of smoke alarm and carbon monoxide alarm
installation requirements;
• Provisions of recovery of costs due to additional expenses possibly incurred at
emergency incident scenes or for fire investigation requirements;
• Addition of"Mission Statement";
• Outlines the core services we provide to the citizens and visitors to our
community and sets out the technical level used for each, e.g., Tier 1 for medical,
Technician for rope rescue, etc.); and
• Describes the duties & responsibilities of the Fire Prevention Division with regard
to public education, inspection, investigation and enforcement.
2
FS-2016-07
December 13, 2016
The new by-law is comparable to fire department establishing and regulating by-laws of
other municipalities.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
There is no immediate financial impact with respect to this report. The by-law reflects
the current practices within Niagara Falls.
CITY'S STRATEGIC COMMITMENT
The activities of the Fire Department support providing "a responsible, cost effective and
accountable local government" by embracing the concept of `service excellence' in
service delivery and the goal of creating "a safe, liveable and healthy community"
through ongoing community participation and effective emergency response and
associated activities.
Recommended by:
im Boutilier, Fire Chief
Respectfully `'"
submitted: ,F47-11-j\
Ken Todd, Chief Administrative Officer
J.Boutilier:tc
MW-2016-50
Niagaraa11s December 13, 2016
CA NA UA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Municipal Works
SUBJECT: MW-2016-50
Niagara Falls Lions Club — Fee for Service Agreement
RECOMMENDATION
That the Fee for Service Agreement with the Niagara Falls Lions Club be approved.
EXECUTIVE SUMMARY
At its last meeting, City Council passed a motion to enter into a ten-year lease
agreement with the Niagara Falls Lions Club to continue and expand its building located
at 4981 Drummond Rd. The Lions Club is a non-profit organization providing a public
service to various groups and individuals within this community.
The Lease Agreement requires the Lions Club to accept responsibility for all of its own
operating costs associated with the use of the building except for winter maintenance of
the parking lot. Since the timing of the use of the building determines the level of service
needed to provide snow clearing, sanding and salting activities, Municipal Works staff
would prefer to engage the Niagara Falls Lions Club and/or their contractor to perform
these duties. These types of arrangements should be formally confirmed through a Fee
for Service Agreement.
The purpose of this report is to seek Council's approval to execute the Fee for Service
Agreement to provide winter maintenance services on the property known as Niagara
Falls Lions Park (4981 Drummond Rd).
BACKGROUND
At its meeting held on October 25th, 2016, City Council adopted the recommendations
set out in report R&C-2016-12 authorizing the execution of a Lease Agreement with the
Lions Club of Niagara Falls (Ontario) Canada Inc. respecting the use of the land and
premises located at 4981 Drummond Rd. The Lion's Hall has been located on the City's
property since 1988 and been subject to a series of previous lease arrangements to the
mutual benefit of each party.
2
MW-2016-50
December 13, 2016
ANALYSIS/RATIONALE
The Lion's Club is proposing to construct an addition to the building providing an
opportunity to enhance their ability to provide services to the community. Currently, the
level of service for winter maintenance at public parks would not be sufficient to allow
proper and safe use of the parking lot in a timely fashion. Municipal Works staff is
proposing that the City contract this service back to the Niagara Falls Lions Club as they
would have a vested interest in the timing of the service. The level of service would be
consistent with that provided in other City-owned Parking Lots, more specifically:
• ploughing, sanding and salting operations are to commence within one (1) hour
following an accumulation of five (5) inches of snow,
• all operations must be completed within a maximum of four (4) hours.
The Lions Club will invoice the City for its actual costs only and provide insurance
coverage according to City policy.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Staff has made an allowance of$5,000 in the draft 2017 Operations Budget to
accommodate this expense. The actual costs will be dependent on weather conditions.
The Fee for Service Agreement will be reviewed annually so that performance matters
can be adjusted as needed.
CITY'S STRATEGIC COMMITMENT
The recommendation is consistent with Council's Strategic Priorities to seek operational
efficiencies and to provide a healthy and safe community.
LIST OF ATTACHMENTS
1. R&C-2016-12 Niagara Falls Lions Club Lease Agreement
Recommended by: S �t"
Geoff Holman, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
R&C-2016-12
Nia araFalls October 25, 2016
✓ CANA UA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Recreation & Culture
SUBJECT: R&C-2016-12
Niagara Falls Lions Club Lease Agreement
RECOMMENDATION
That Council authorize the Mayor and City Clerk to act on the behalf of the City to
execute the Lions Club of Niagara Falls (Ontario), Canada Inc. lease agreement.
EXECUTIVE SUMMARY
The current lease agreement dated January 12, 2002, between the Corporation of the
City of Niagara Falls and the Lion's Club of Niagara Falls (Ontario), Canada Inc. has
expired. A new lease agreement for a term of ten years has been prepared for the use
of the property.
BACKGROUND
The Niagara Falls Lions Club, a local service club has served the community since
1922. Its current clubhouse is located at the Niagara Falls Lions Park on Drummond
Road. During the year, the club coordinates fund raising activities such as pasta nights
and Christmas Tree sales. Funds raised benefit the community; local projects include
Niagara Falls Lions Park improvements and the Millennium Trail — Niagara Falls Lions
Legacy Trail.
ANALYSIS/RATIONALE
City staff recommends the Lions Club continue to operate their club house at the
Niagara Falls Lions Park property. The Club partners with the City to ensure the
clubhouse property is maintained to City standards. The current lease agreement
outlines the Lions' responsibilities including the payment of utilities for the clubhouse,
providing and maintaining required insurance coverage (five million), and the
opportunity to host fund raising activities. The parking lot winter maintenance
responsibilities shall be addressed through a Fee for Service Agreement with the
Niagara Falls Lions Club.
2
R&C-2016-12
October 25, 2016
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Niagara Falls Lions Club will continue to work with City staff to provide a safe and well
maintained facility for the community.
CITY'S STRATEGIC COMMITMENT
The proposed Agreement is in keeping with Council's commitment to financial
sustainability, customer service excellence, organizational efficiency and effectiveness,
and the creation of a well-planned City.
Recommended by:
Kathy Moldenhauer, Director of Recreation and Culture
Respectfully submitted:
Ken Todd, Chief Administrative Officer
PBD-2016-61
Niagara,FaIIS December 13, 2016
CANADA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2016-61
AM-2012-002, Zoning By-law Amendment Application
6015 Barker Street
Applicant: City of Niagara Falls
Removal of Holding (H) Regulation
RECOMMENDATION
That Council pass the by-law appearing on tonight's agenda to lift the holding (H)
regulation from the subject lands which are currently zoned GC(H)-1007.
EXECUTIVE SUMMARY
• On February 4, 2015, the Ontario Municipal Board approved a zoning by-law that
allows the vacant parcel of land located west of Morse and Son Funeral Home,
(5905-5929 Main Street (see Schedule 1)) to be used to provide additional parking
for the funeral home.
• The Ontario Municipal Board included a holding (H) regulation in the by-law to
ensure any archaeological potential of the site was studied before the lands were
allowed to be developed as a parking area.
• The City has completed an Archaeological Assessment - Stage 4, which concludes
that the site contains no items of cultural heritage value or interest.
• The holding (H) regulation can be lifted from the by-law because the City has
satisfactorily completed the necessary studies in accordance with Provincial
regulations.
BACKGROUND
Proposal
The subject lands are part of the site of the former Battlefield School which is located on
the north side of Barker Street and west of Morse Son Funeral Home, known as 5905-
5929 Main Street. The subject lands were a portion of the playground. In 2015, the
Ontario Municipal Board approved Zoning By-law No. 2013-26 which rezoned the lands
from Residential Single Family and Two Family (R2) to General Commercial (GC(H)-
1007).
2
PBD-2016-61
December 13, 2016
The holding (H) regulation was included in the by-law because of the proximity of subject
lands to the Drummond Hill Cemetery and two registered archaeological sites. The holding
(H) regulation required an Archeological Assessment - Stage 3 to be completed to the
satisfaction of the Ministry of Tourism, Culture and Sport prior to the site's development. A
Stage 3 assessment was completed which recommended the completion of a Stage 4
assessment. A Stage 4 assessment was completed and submitted to the Ministry, and the
Ministry is satisfied that no further assessment or work is required because the site
contains no items of cultural heritage value or interest.
Based on the findings of the assessments and the Ministry's reporting, the holding (H)
regulation is proposed to be lifted which will permit the lands be developed and used as a
parking lot associated with the Morse and Son Funeral Home.
Circulation Comments
The Planning Act requires notice of the lifting of a holding regulation to be given to
landowners affected by it and any members of the public or agencies that have submitted
a written request for notice. In accordance with these regulations, notice regarding the
lifting of the holding regulation was circulated to the Regional Municipality of Niagara and a
landowner in the vicinity who took an interest in the zoning amendment. The Region of
Niagara and the landowner have no objections to the lifting of the holding regulation.
ANALYSIS/RATIONALE
An Archaeological Assessment Stage - 4 has been filed with the Ministry of Tourism,
Culture and Sport and entered into the Ontario Public Register of Archaeological licences.
The study indicates that the subject lands have been completely excavated and no further
assessment is required as the site contains no items of cultural heritage value or interest.
As the requirements of the holding regulation have been met, the H can be lifted from the
lands.
CITY'S STRATEGIC COMMITMENT
Removal of the holding regulation will allow the development to proceed, as permitted by
the Official Plan and approved by Ontario Municipal Board.
LIST OF ATTACHMENTS
Schedule 1 — Location Map
Recommended by: /`/4 ''` �'�",
AlexHerlovitch, Direc or of Planning, Building & Development
f
i
414 Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Dilwaria:mb
Attach.
S:\PDR\2016\PBD-2016-61,AM-2012-002, Removal of Holding(H)Regulation, .docx
3
PBD-2016-61
December 13, 2016
SCHEDULE 1
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PBD-2016-62
Niagarap'alls December 13, 2016
C 1\A U.A
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2016-62
Phase 1 Summary Report
Niagara GO Hub and Transit Stations Study
RECOMMENDATION
That Council receive the Phase One Summary Report for the Niagara GO Hub and
Transit Stations Study.
EXECUTIVE SUMMARY
As Council is aware, GO Transit rail service is to be extended into the Niagara region.
In order to prepare and plan for the extension of GO rail service, Niagara Region, in
partnership with the respective lower tier municipalities is undertaking a study of each of
the transit stations. The aim of the study is to prepare a secondary plan for the transit
station area in each municipality that will provide a more detailed policy framework for
land use, development and transportation for the area adjacent to the stations.
The Phase One Summary Report (attached) outlines the initial stage of the study,
including the extent of the study area, the existing and current planned land uses and
the key issues and opportunities. Work is currently proceeding toward the preparation
of the draft secondary plans.
BACKGROUND
Late last year, in anticipation of the announcement of the extension of GO rail service to
Niagara, the Region contracted Dillon Consulting to lead a detailed planning and
transportation study of the transit station areas that had been identified previously
through The Niagara Rail Service Expansion EA (2011). City Planning, Transportation
and Business Development staff has been working with the Region's consulting team to
develop a secondary plan for the area around the VIA Rail Station on Bridge Street.
Attached is an excerpt of the Phase One Summary Report. In this initial stage, the
study determined the extent of the study area (see Appendix 2, attached). The study
area is bounded by Great Wolf Lodge to north, Simcoe Street to the south, and from the
Niagara River west to Stanley Avenue. The study also assessed the existing and
planned land uses and identified the key issues and opportunities which are
summarized as follows:
2
PBD-2016-62
December 13, 2016
Issues
• Improvements to the Niagara Parkway to support access to the station should
include crosswalks to improve pedestrian safety;
• Current surface parking at the station and in the station area is limited, and would
need to be supplemented through site redesign;
• Underutilized, vacant and brownfield sites within the station area require specific
consideration in the planning and redevelopment process;
• Proximity and land use compatibility will be need to be considered for lands in
proximity to the layover facility, as any future land uses will need to be sensitive
to and compatible with the train storage facility; and,
• Active transportation connections and sidewalks are needed along collector and
local streets to improve pedestrian and cyclist safety.
Opportunities
• There is potential to design the station as a gateway, providing an attractive
arrival point for commuters and visitors/tourists;
• Connections across the border should be capitalized on, particularly through
transfer harmonization across transit providers and exploration of active
transportation routes including the Central Michigan Railway elevated bridge and
trail connections;
• There is an opportunity to enhance the Niagara Parkway to create the sense of
arrival compatible with a major gateway area;
• Regular GO service will provide improved tourism and employment growth
potential, particularly if combined with ease of transfer to local and US-based
transit and coach bus operators;
• Thorold Stone Road has been expanded and will be undergoing an extension to
provide an access route to the station via Victoria Avenue;
• An innovation/educational hub has been planned by the City just south of the
station site, providing an important catchment area for future rail users;
• Current zoning regulations are supportive of a range of uses in the station area;
• The existing residential neighbourhoods surrounding the station would likely
provide a good commuter base;
• The station may also attract some riders from communities surrounding Niagara
Falls. This will be determined and assessed in the transportation modelling work
to be completed in Phase 2 of this study; and,
• The transit building at the station site is a heritage building with a strong sense of
historical character that can be used as an anchor for the secondary plan.
3
PBD-2016-62
December 13, 2016
Next Steps
The study is progressing through the second and third phases with a more detailed
analysis of the development and market opportunities as well as the transportation
constraints in the second phase and the preparation of the secondary plan in the third
phase. The secondary plan will be prepared as an amendment to the Official Plan.
Dillon proposes to bring the secondary plan before Council for adoption in the second
quarter of 2017.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
There are no financial/staffing/legal implications with this matter at this time.
CITY'S STRATEGIC COMMITMENT
Endorsement of this report assists in fulfilling Council's strategic priority of extending
GO rail service to Niagara Falls.
LIST OF ATTACHMENTS
➢ Appendix 1 — Phase One Summary Report Excerpt
Appendix 2 — Study Area
•
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
J.Barnsley:gd
Attach.
S:\PDR\2016\PBD-2016-62, Endorsement of Transit Station Study Phase 1 report.docx
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Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
1 . INTRODUCTION
Context & Purpose of Study
To support the introduction of two-way, all-day GO train service between Niagara Falls and
Hamilton's West Harbour GO Station, Niagara Region is undertaking a GO Hub and Transit
Stations Study (GHTSS) for four(4) future GO transit station areas located in the municipalities
of Grimsby, Lincoln, St. Catharines and Niagara Falls. For this study, the Region is building upon
the completed "2011 Niagara Rail Service Expansions - Environmental Study Review (ESR)",
which identified potential station locations. In addition, more recent regional strategic and
economic planning exercises have been completed to support and advocate for regional GO
train service to better connect Niagara with the Greater Golden Horseshoe. The GHTSS will
provide the planning and design necessary to pursue the implementation of a GO Hub in St.
Catharines and three GO Stations in Grimsby, Lincoln and Niagara Falls.
The 2016 provincial budget includes a commitment by the Province to bring GO rail service to
Niagara Region. On June 28, 2016, the Ministry of Transportation announced that the Province
is committed to implementing weekday GO rail service between the future Confederation GO
Station in Hamilton and Niagara Region, with service to Grimsby starting in 2021 and to Niagara
Falls by 2023. This is a significant announcement for the Region and further supports the
completion of the GHTSS.
The purpose of the GHTSS is to prepare the following planning and design elements for each of
the four GO rail station sites:
• Design vision and principles;
• Secondary plans (under the Planning Act) for the lands in and around the stations;
• Conceptual station area plans;
• Market value assessments for station areas (focused on potential for redevelopment);
• Transportation plans for station areas, including lands in and around the stations;
• Functional design for proposed infrastructure, including station designs; and
• Implementation plans, including a Regional Official Plan Amendment (if required).
This study is being completed in coordination with the local municipalities of all four station
areas and also includes a comprehensive consultation program to engage stakeholders,
agencies, residents and businesses. The Niagara GHTSS is also being done in coordination with
the Region's Municipal Comprehensive Review, the Regional Transportation Master Plan and
the Regional Transit Investigation Study. The vision, analysis and plans each station area will
reflect input from all of these regional studies as well as the local context in which the stations
will exist.
Dillon Consulting Limited 1
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
Study Background: The Niagara Rail Service Expansion EA (2011)
As noted on the previous page, the Niagara GHTSS is building off of the Environmental Study
Report (ESR) completed in 2011 for Niagara Rail Service Expansion. This ESR was prepared by
RJ Burnside and Associates on behalf of GO Transit and identifies the need for GO rail service in
Niagara. The ESR identifies preferred station locations for the four future stations in Grimsby
(Casablanca), Lincoln (Beamsville), St. Catharines and Niagara Falls.
The ESR was prepared as part of an Environmental Assessment (EA) and was completed in
accordance with GO Transit's Class Environmental Assessment process, dated December 2003
(as amended August 2005). The study included Stages 1, 2 and 3 of the GO Transit Class EA
Planning and Design process' and concluded that the extension of GO train service to the
Niagara Peninsula is technically feasible along the existing CN corridor.
The first stage of the EA included a review, evaluation and selection of the preferred rail
corridor for the GO rail expansion. This work confirmed that the CN Railway Grimsby
Subdivision (CNR Grimsby S/D) is the preferred corridor. The second stage of work included a
review, evaluation and selection of the preferred alternative solution within the CNR Grimsby
S/D corridor. The alternative solutions focused on how to address future increased travel
demand to and from Niagara Region towards the Greater Toronto Area. This included solutions
with transit and automobile travel options. The alternative solutions reviewed included:
• Do Nothing;
• Transportation Demand Management;
• New or Expanded Commuter Rail Service;
• New or Expanded Bus Service; and,
• Expand Road Capacity.
The EA recommended that the preferred solution is to undertake New or Expanded Commuter
Rail Service. This preference was presented and accepted by at Public Information Centres in
Hamilton, Grimsby, St. Catharines and Niagara Falls.
The third stage of the study included a review, evaluation and selection of station sites, train
layover facilities and track improvements. Numerous sites were reviewed and based on the
results of the evaluation process and stakeholder and public input, the following station sites
were recommended as options for future rail expansion into Niagara Region:
• Grimsby—at Casablanca Boulevard;
• Beamsville—at Ontario Street (as a future station);
1 The GO Transit Class EA process includes the following stages:Stage 1. Problem Identification and Feasibility;
Stage 2.Alternatives to the Understanding(Concept Alternatives);Stage 3.Alternative Methods of Carrying Out
the Undertaking(Preliminary Design Alternatives);Stages 4 and 5. Detailed Design and Implementation.
Dillon Consulting Limited 2
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
• St. Catharines—and the existing VIA Station; and,
• Niagara Falls—at the existing VIA Station.
Layover facilities recommended in Niagara Region included one in St. Catharines at Glendale
Avenue and one in Niagara Falls at the existing VIA Station (the Niagara Falls VIA site is large
enough to accommodate both a GO Station and layover facilities). Stage 3 also included
providing preliminary station layouts for each of the recommended stations.
Figure 1 presents the four preferred station locations in Niagara Region as identified in the
2011 ESR. The 2011 ESR findings and station site recommendations are approved as per the
provincial environmental approvals process. The Niagara GHTSS builds off of the 2011 ESR,
reviewing the ESR findings and proceeding to plan the stations and surrounding station areas in
each municipality. Throughout the GHTSS the Region is consulting regularly with Metrolinx to
ensure that efforts to support these stations are coordinated and lead to future
implementation.
Dillon Consulting Limited 3
Niagara GO Hub and Transit Stations Study - Phase 1 Summary Report
Figure 1 — Niagara GO Transit Station Locations (from 2011 Environmental Study Report)
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St Catharines/saillisdoiesi
4
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
Study Process
The Niagara GHTSS process involves six phases of work, with all four station area plans
proceeding in alignment with each other. Phase 1, Study Context and Site Review, has been
completed and was conducted between January 2016 and June 2016. The six phases are
outlined below. Throughout the six phases of work there will be a series of public, stakeholder
and agency consultation activities to review and confirm study findings.
Dillon Consulting Limited 5
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
, , C.: , ; _ ,- St.Catharines Stations(if required)
, i,.,Y _4, Identify Study Area Boundaries
1; Data Collection, Inventory,&Background+�1 g Prepare Summary
Review
Prepare Notice of Completion for EA
- Examine and Evaluate GO Station Addendums(if required)
Locations(Confirm 2011 ESR findings)
Addendum Preparation for Grimsby and
Market Readiness Assessment(Market
r.z
Perspectives)
1
- Station Area Best Practices Opportunities and Constraints Analysis
t .- Assess Existing and Future Travel Demand Identify Strategic Transportation
by Mode Directions
-- Development Capacity and Long-Term Prepare Draft Development Vision and
Demand Analysis Principles
i
_ :—..,,,:,-n, ,1,..i': Prepare Urban Design Guidelines
f ",,, - Prepare Land Use and Built FormBuilt Form/Urban Design
Visualisations
Framework
Development Potential
''i,',-..,t. '' R.O .W Recommendations
Draft Mobility Hub and Transit Station
`I Open Space and Public Realm Framework Area Secondary Plans
i
,Ii.. ',! .s.'i. Assess Critical Corridors and Intersections
Forecast 2041 Travel Demand Assess Parking Requirements
,?,,,$: Connectivity Needs - Develop Station Design Options for the
Forecast Potential Transit Ridership Hub and Transit Station Areas
Transit Service Strategy and Routing/ Prepare Transportation Plan Technical
Terminal Requirements Report
Identify Active Transportation Amenities Land Value Market analysis
q ,. Preferred Concepts
Prepare Preliminary Development . Order of Magnitude Costing for Capital
Concepts Works
Sustainable Design Initiatives
- Refine Designs
Design Evaluation and Refinement of the
_ s_ ,. Finalize Secondary Plans and Prepare
�,,, Local Official Plan Amendments
(- Prepare Implementation,Development Refinements to Secondary Plans
`p Thresholds and Phasing Plan
Dillon Consulting Limited 6
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
the transit service. This will be determined and assessed in the transportation modelling
work to be completed in Phase 2 of this study;
• The community is generally supportive of the VIA Station site being transformed into a
GO Station;
• Future infrastructure improvements, such as road improvements can be identified
through the secondary planning process; and,
• The station area is within a Community Improvement Area and would therefore benefit
from future improvements to streetscape and public realm conditions.
5. NIAGARA FALLS STATION AREA
Station Location and Confirmation of 2011 ESR Findings
The 2011 ESR reviewed the potential for a new station in Niagara Falls at the location of the
existing VIA Station. The existing VIA Station site was identified as the preferred location for the
following reasons:
• Site is situated in a developed urban setting where there are no natural heritage
features or watercourses to be impacted;
• Site is compatible with surrounding lands, which are primarily industrial;
• Site is well connected to the existing local transit system (there is a City bus stop across
the street from site); and,
• Site has good potential for parking.
The GHTSS Phase 1 station review confirmed the findings of the 2011 ESR. The Niagara Falls VIA
Station site and surrounding station area presents an opportunity to connect existing transit
services in the municipality and is located in an area that has redevelopment potential. In
addition, meetings held with the Niagara Falls TAC and SAC confirmed the station location and
provided input to opportunities for station area planning.
It is also important to note that the Niagara Falls station area is also planned to include a
layover facility (train storage) on the site. The layover facility represents an important piece of
infrastructure required to provide GO service in Niagara.The ESR noted that there may be
opportunities to integrate the facility with VIA.
Study Area
A preliminary study area for the Niagara Falls station area planning was established as shown in
Figure 13. The study area encompasses land surrounding the station site that will be considered
in the various planning, transportation, infrastructure and market studies that are being
completed for the GHTSS. The study area will be reviewed in Phase 2 with the public, SAC and
Dillon Consulting Limited 32
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
TAC to confirm the boundaries. The study area extends approximately 800m around the site
and includes key properties that may redevelop as a result of the GO station as well as corridors
that will form important transportation arteries and connections to and from the station.
Bridge Street, Victoria Avenue, Niagara Parkway/River Road and Erie Avenue are four of the key
corridors in the study area for which the study will consider opportunities to improve
connections to and from the station site for all modes of transportation.
Dillon Consulting Limited 33
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
Existing and Current Planned Land Uses
To better understand the site context for the Niagara Falls station, mapping was prepared to
illustrate the existing and current planned land use in the study area. Figure 14 illustrates
planned land use and Figure 15 illustrates the existing land use.There are a number of historic
buildings in the study area for the Niagara Falls GO station. There will be particular focus on the
potential to redevelop the area in a manner that recognizes and preserves important heritage
features.
The predominant planned land uses (Figure 14) in the study area are residential (49 hectares)
and industrial (48 hectares) uses. There is also a significant amount of commercial land (39
hectares). There is no planned major recreational space within the study area. However, the
eastern boundary of the study area abuts Niagara Parkway/River Road and the Niagara River
which provides a significant natural amenity for the community.
Table 2.4 summarizes the existing land uses. The existing land use (Figure 15) is predominantly
made up of residential uses (49 hectares or 38% of the study area excluding roads). There is
also a large portion of commercial uses (27 hectares or 21% of the study area) that are primarily
concentrated along Queen Street. The proposed station site is currently vacant and makes up a
large portion of the study area. Combined with other vacant properties in the study area,
vacant uses total 27 hectares or 21% of the study area.
Table 2.4—Niagara Falls Study Area Existing Land Use
Land Use Area(ha) Area(%)
Commercial 27 21%
Industrial 11 9%
Institutional 4 3%
High Density Residential 2 1%
Medium Density Residential 3 2%
•
Low Density Residential 45 35%
Natural Open Space System 0 0%
Recreation and Open Space 6 5%
Utility 4 3%
•
Vacant 27 21%
Total 128 100%
Dillon Consulting Limited 35
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
Key issues and Opportunities
Through a review of existing policies, plans and site visits, key issues and opportunities for
planning and designing the Niagara Falls station area were identified. In addition, consultation
with TAC and SAC members provided further input to issues and opportunities to be addressed
in the study. This includes input from the Regional TAC members.The following lists provide an
overview of the issues and opportunities that will be addressed in the subsequent phases of the
study.
:Ysse�:es
• Improvements to the Niagara Parkway to support access to the station should include
crosswalks to improve pedestrian safety;
• Current surface parking at the station and in the station area is limited, and would need
to be supplemented through site redesign;;
• Underutilized, vacant and brownfield sites within the station area require specific
consideration in the planning and redevelopment process;
• Proximity and land use compatibility will be need to be considered for lands in proximity
to the layover facility, as any future land uses will need to be sensitive to and
compatible with the train storage facility; and,
• Active transportation connections and sidewalks are needed along collector and local
streets to improve pedestrian and cyclist safety.
C pOil'Alst ms
• There is potential to design the station as a gateway, providing an attractive arrival point
for commuters and visitors/tourists;
• Connections across the border should be capitalized on, particularly through transfer
harmonization across transit providers and exploration of active transportation routes
including the Central Michigan Railway elevated bridge and trail connections;
• There is an opportunity to enhance the Niagara Parkway to create the sense of arrival
compatible with a major gateway area;
• Regular GO service will provide improved tourism and employment growth potential,
particularly if combined with ease of transfer to local and US-based transit and coach
bus operators;
• Thorold Stone Road has been expanded and will be undergoing an extension, to provide
an access route to the station via Victoria Avenue;
• An innovation/educational hub has been planned by the City just south of the station
site, providing an important catchment area for future rail users;
Dillon Consulting Limited 38
Niagara GO Hub and Transit Stations Study— Phase 1 Summary Report
• Current zoning regulations are supportive of a range of uses in the station area;
• The existing residential neighbourhoods surrounding the station would likely provide a
good commuter base;
• The station may also attract some riders from communities surrounding Niagara Falls.
This will be determined and assessed in the transportation modelling work to be
completed in Phase 2 of this study; and,
• The transit building at the station site is a heritage building with a strong sense of
historical character that can be used as an anchor for the secondary plan.
6. NEXT STEPS
The next steps in the process to begin Phase 2 include:
• Commencement of public consultation on the vision for each station area4;
• Preparation of the development vision and guiding principles for each of the station
areas. This includes principles to guide built form, public realm, streetscape, circulation,
and parking plans.
• Commencement of a station area best practices review which will consider the best
approaches used for other GO stations in Ontario.
• Completion of a base line future transportation demand forecast (by mode) for each
station area. This will be done in coordination with the Region's Transportation Master
Plan that is underway.
• Commencement of a review of development capacity and long-term development
demand for each station area.
• Completion of a market readiness assessment which will provide the market perspective
on development potential.
• Completion of an opportunities and constraints analysis that builds from the initial
Phase 1 findings.
• Identification of strategic transportation directions that considers all modes of
transportation.
As Phase 2 proceeds, information regarding project materials for public review and public
consultation events will be posted on the project website
(http://www.niagararegion.ca/projects/go-hub-transit-stations).
4 Note that the public consultation for Phase 2 was completed in June 2016.
Dillon Consulting Limited 39
4
PBD-2016-62
December 13, 2016
APPENDIX 2
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PBD-2016-63
Niagaraaalls December 13, 2016
C i N A I)A
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Building Services
SUBJECT: PBD-2016-63
New Windows
City Hall — 4310 Queen Street
RECOMMENDATION
1. The contract be awarded to Jass Construction at the quotation price submitted of
$734,000 plus non refundable H.S.T.
2. That Council amend the original Capital budget sheet for the additional costs and
provide additional funding from the Federal Gas tax reserve.
3. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
EXECUTIVE SUMMARY
All municipalities were required to review and report to the Province of Ontario on the
municipality's energy consumption in City owned buildings. In addition the province
requested that municipalities develop energy plans. The City of Niagara Falls completed
its plan in 2014 and the 5 year Corporate Energy Management Plan was approved by
Council in May 2014. A significant number of projects were identified for the city, with
many of the improvements related to City Hall. The first investment in City Hall was a
project undertaken to replace the HVAC system. This has been completed. The window
replacement project is the second phase. As this report has identified, a tender process
was completed and Jass Construction is being recommended by staff. The third project
scheduled is the insulation and exterior cladding of City Hall. This project will be
tendered in January 2017.
BACKGROUND
City Hall is approximately 46 years old. In October of 2005 a detailed building envelope
assessment report was completed and provided to the City of Niagara Falls. It stated
that the windows at this building are showing signs of extensive seal failures.
Deterioration of the glazing gaskets and the frame joinery seal would inevitably allow for
water penetration within the framing members and subsequently into the interior. In
addition, once water migrates into the glazing joint, a continuous moisture expose would
2
PBD-2016-63
December 13, 2016
reduce the life expectancy of the glass units inducing early fogging. A typical life span
of a double glazed unit is 15 to 20 years.
ANALYSIS/RATIONALE
The City developed the 5 year Corporate Energy Management Plan in 2014. The
current project to replace the windows was identified in this plan. The original Capital
Budget for the project was approved in 2015 at approximate cost of $500,000.
However, due to spalling of brick work around window openings, it will be necessary to
perform structural upgrading simultaneously with the window replacement. The
structural steel measures were not accounted for in the Capital Budget. This additional
work has raised the amount of work required resulting in higher than expected
quotations.
The lowest quotation that met the Tender specification was $734,000 plus non
refundable H.S.T. from Jass Construction.
Tender submitted were by the following companies:
Jass Construction $734,000 plus non refundable H.S.T.
Platinum Glass and Curtain Wall Ltd. $875,725 plus non refundable H.S.T.
It should be noted that one tender was submitted but was not accepted as it was not
compliant.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The City's Energy plan identified three projects necessary to enhance energy efficiency
at City Hall. The window replacement project is the second one of three to be started.
Staff are recommending that the budget for this project be increased to $791,819 to
accommodate the extra costs associated with the tender and additional professional
fees. The additional funding for this project was approved using Federal Gas tax funds
as these expenses qualified by virtue of the recommendation of the City's Energy Plan.
The additional funds required will be funded from the same source.
The HVAC project was completed in 2015. The cladding project is currently being
tendered and will be commenced in coordination with the window replacement project.
CITY'S STRATEGIC COMMITMENT
This is in compliance with the City's Strategic Priority to improve the organizational
efficiency, effectiveness and energy savings measures.
Attachment 1. — Revised Capital Budget Sheet — City Hall Windows.
3
PBD-2016-63
December 13, 2016
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted: 144-14.11
Ken Todd, Chief Administrative Officer
C. Mignelli:Ik
S:\PDR\2016\PBD-2016-63,Window Tender.docx
Attachment 1.
Capital Budget Worksheet
2015
Department Building Priority(1-3)
Project Name City Hall Windows Included in 10 year
Capital Plan(y/n)
Project I.D.# MODIFIED Dec 2016 for Tender results
Project Description Total window and door replacement for City Hall
Projected Start Date: Feb-17 EDITED For Tender
YEAR YEAR YEAR YEAR YEAR
2017 2018 2019 2019 2020
Opening Balance-Jan 01
(surplus)/deficit - -
EXPENDITURES
Engineering
Fees/Design/Studies 45,000
Land/Building/Furniture/
Equipment
Construction 746,819
Roads
Storm Sewers
Water
Sanitary Sewers
Sitework/Landscaping
Contingency
Other
Interest Expense •
TOTAL EXPENDITURES 791,819 - -
FUNDING SOURCES
Special Purpose Reserves
Capital Holding Reserve
Reserve Fund
Transfer from Operating
Development Charges
Debentures
Gas Tax 791,819
Provincial/Federal Grants
External Contributions
Interest Earned
Other
TOTAL FUNDING SOURCES 791,819 - - - -
Closing Balance-Dec 31
(surplus)/deficit - - -
TS-2016-41
Niagarafalls December 13, 2016
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS-2016-41
Cattell Drive — Speed Control Review
RECOMMENDATION
It is recommended that the construction of four (4) speed humps on Cattell Drive be
referred to the 2017 Capital Budget deliberations.
EXECUTIVE SUMMARY
A petition from several Cattell Drive residents was received requesting the installation of
speed humps to curtail speeding concerns. Staff followed up with speed studies and
noted that a speeding problem was present. Questionnaires distributed to all residents
on Cattell Drive garnered a majority support for speed control devices from the
neighbourhood.
BACKGROUND
The City received a petition from several Cattell Drive residents to consider speed
control devices on the street to mitigate speeding issues.
Cattell Drive is a two-lane, two-way residential collector road that extends 775 metres
from Willoughby Drive to a dead end east of Chipman Crescent. Cattell Drive has an
urban cross-section consisting of an 8.0 metre asphalt width, curb and gutter on both
sides and a continuous sidewalk on the south side only. The legal speed limit is 50
km/h. Cattell Drive is not a transit route, but is used by school bus drivers due to
Riverview School being located on Cattell Drive. There is an all-way stop at Lamont
Avenue, at the approximate midpoint of Cattell Drive. Riverview Park is located on the
north side of Cattell Drive between Ares Court and Chipman Crescent. There is a small
commercial plaza on the southeast corner of Willoughby Drive.
ANALYSIS/RATIONALE
Speed studies were carried out, both in the morning and afternoon. The data identified
that the operating speed is between 47 km/h and 56 km/h east of Lamont Avenue and
between 52 km/h and 56 km/h west of Lamont Avenue. Staff considers a speeding
problem when the operating speed exceeds the speed limit where there is at least one
pedestrian generator, such as a school or a community park abutting the road. Given
2
TS-2016-41
December 13, 2016
the study results and the existing sensitive land uses on Cattell Drive, the technical
component for speed control devices is fulfilled.
Cattell Drive carries approximately 1,300 cars daily west of Lamont Avenue and 600
cars daily east of Lamont Avenue. These traffic volumes are within the expectations of
a collector road. There is not a collision problem on Cattell Drive.
Given that a speeding problem was identified, Staff solicited the input of the
neighbourhood on their preference for speed control devices. A total of 63
questionnaires were delivered to all property owners. Thirty-five (35) responses were
received, representing a 56% response rate. Almost all of the respondents (33 out of
35) identified that they are in support of speed control devices, which is a 52% support
from neighbourhood. The response rate surpasses the minimum 51% of the residents
on the streets that have to be in favour of speed control devices. Therefore, the
residential component for speed control devices is also fulfilled.
A neighbourhood meeting was held on October 18, 2016 at Chippawa Memorial Arena,
to allow Cattell Drive stakeholders the opportunity to review Staff's concept plan and
provide comments. Residents from seven (7) Cattell Drive households attended the
open house and the preliminary plan was supported by the attendees. Three (3)
residents preferred to have an additional speed hump east of Lamont Avenue.
The public meeting material was posted on the City's website after the open house for
those that could not attend the meeting, and this information was identified in the open
house notice. No additional comments were received within two weeks of the public
meeting, thus Staff hand-delivered a notice to all Cattell Drive households to solicit final
comments. Comments were received from eight (8) additional households and all eight
(8) homeowners were satisfied with Staff's speed control plan.
Niagara Student Transportation Services Staff do not have any concerns with their bus
drivers travelling over the humps. They noted that since there is a school directly on
Cattell Drive, they will not have the ability to reroute buses if they receive complaints.
Staff is recommending the construction of four (4) speed humps in the locations
identified at the October 18, 2016 public meeting. The humps will be constructed in
2017 through the City's asphalt patch contract.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The construction of the speed humps including signage and pavement markings is
estimated at $15,000 and will be included in the 2017 Capital Budget.
3
TS-2016-41
December 13, 2016
CITY'S STRATEGIC COMMITMENT
Encourage multi-modal travel and active transportation initiatives, and enhance
motorist, cyclist and pedestrian safety.
LIST OF ATTACHMENTS
October 18, 2016 public meeting boards.
Memo from Fire Chief Boutilier, re: Traffic Calming Measures
Recommended by:
Karl Dren, Director of Transportation Services
Respectfully submitted: 4 -14.
Ken Todd, Chief Administrative Officer
WEl CMO\g-
CATTELL DRIVE
SPEED CONTROL REVIEW
NIEGHBOURHOOD OPEN HOUSE
City of Niagara Falls
Transportation Services
P8CKPRg4.1.$-TT
The City received a petition from several Cattell Drive residents to consider speed control devices
Cattell Drive...
• is a Iwo -lane, two-way residential collector road
• extends 775 metres from Willoughby Drive to a dead end east of Chipman Crescent
• has an urban cross-section consisting of a curb and gutter on both sides and a continuous sidewalk on the
south side only
has a standard 8.0 metre width
has a 50 km/h speed limit
• is nota transit route, but Is used oy school bus drivers
• has an all -way slop at Lamont Avenue, at Its approximate midpoint
contains Riverview Public Elementary School, which is located on the south side between Lamont Avenue
and Furlong Drive
contains Riverview Park, which is located on the north side between Ares Court and Chipman Crescent
contains a plaza on the southeast corner of Willoughby Drive
10/17/2016
NIIiBQURIOOD �RAFFlC REVIEW OBECTIVE�
A Neighbourhood Traffic Review should be undertaken in consideration of the following goals:
Enhance the quality of life and livability in City of Niagara Falls' neighbourhoods through the use of traffic
management measures, such as speed humps, that reduce or control the impact of vehicle traffic;
Change the culture of neighbourhood street use from 'cars first' to 'people first';
y Create neighbourhood environments that support and encourage the use of non -auto modes of travel such
as cycling. walking and transit; and,
O Develop a transportation system that recognizes and accommodates to the greatest extent possible, the
multitude of activities that lake place along the roadway.
The process should Involve,
Public consultation and input in all aspects of the process;
A process that Is fair, balanced and equitable and reflects the needs of all users; and
> A process that reflects the City of Niagara Falls funding capabilities.
Specific objectives of the Neighbourhood Traffic Review are to:
- Improve safety and convenience for all users of the street;
Reduce the number and severity of collisions;
. Reduce the volume and/or speed of motorized traffic;
Reduce the volume of 8affic that has neither its origin or destination within the residential neighbourhood:
Minimize effects on the adjacent or nearby local residential streets; and
Reduce motor vahide emissions.
zdeStUfili
T QHNIP-Al- RATA
Cattell Drive carries approximately 1,30D cars daily west of Lamont Avenue and 600 cars
daily east of Lamont Avenue. These traffic volumes are within the expectations of a collector
road.
There Is not a collision problem on Cattell Drive. There has been one (1) documented motor
vehicle collision in the previous three years.
Riverview School has a large boundary area for children walking to school. Cattell Drive is
also used by children walking to/from Sacred Heart School on Oliver Street. They can cross
Willoughby Drive at Cattell Drive with the assistance of a school crossing guard.
Speed studies were carried out, both in the morning and afternoon. The data identified that
the operating speed is between 47 km/h and 56 km/h east of Lamont Avenue and between
52 km/h and 56 km/h west of Lamont Avenue. The City considers a speeding problem when
the operating speed exceeds the speed limit where there is at least one pedestrian generator
(such as a school, park, etc.) abutting the road. Given the study results and the existing
sensitive land uses on Cattell Drive the technical component for Speed control devices Is
fulfilled.
October 18, 2016 1
PUPPP QPNSULTATION
• Given that a speeding problem was identified, Staff solicited the input of
the neighbourhood on their preference for speed control devices.
• 63 questionnaires were delivered to at property owners
• 35 responses were received (56%)
• 33 respondents are in support of speed control devices equates to a
52% support from the neighbourhood
• 2 respondents are not in support of speed control devices
The response rate surpasses the minimum 51% of the residents on the
streets that have to be in favour of speed control devices
• Therefore, the f_sIdertla I component for speed controldevlces Is
warranted
GUIPING PHI QIP -SES
Speed humps are located based on the following:
• Speed humps are most effective if they are evenly spaced so that motorists
are not able to speed between the devices
• Cannot be placed in front of driveways since signs are posted on both sides
of the road next to the humps. This way their location is known when the
roads are snow covered.
• Avoid placing them where utilities, manholes, valves, catch basins, etc. are
located
• Speed humps do not need to be placed too close to the existing all -way
stops at Lamont Avenue and at Willoughby Drive, since drivers are required
to stop at these intersections by law.
10/17/2016
SPE -R. -11 -UM Ps
Speed Humps are asphalt mounds constructed on residential streets for the purposes of
reducing vehicular speeds. Speed humps are generally round or flat-topped encouraging
motorists to drive over them at speeds of 30-40 km/h.
Each speed hump costs approximately 53,500
Advantages;
• Reduces speed of motorists to less than 40 km/h
• Have the advantage of being self -enforcing
• May reduce number & severity of collisions
• Safer conditions for cyclists and pedestrians
• Quality of snow plowing service will remain the same
• A parking restriction is not required at the speed hump location
• Discourages cut -through traffic
Disadvantagesv
• Increases noise with drivers decelerating& accelerating, and with school buses
passing over the humps
• Increases emergency vehicle response time
SPMXKLIMPS SPEGIFICATpNS—
What is the difference between a
speed bump and a speed hump?
October 18, 2016 2
Speed Bump
Speed Hump
Height
8 centimetres
8 centimetres
Length
3040 centimetres
4 metres
Causes...
Abrupt vertical motion
Gentle rocking motion
Encourages speeds of...
10 km/h or less
30-40 km/h
Legal on Public Roads?
No
Yes
October 18, 2016 2
NMI-IBQpimppD APEED WATQH PRP A 1
The Neighbourhood "Speed Watch"
Program is an educational safety
program designed to raise
awareness of the speed drivers are
traveling. A group of two or more
concerned residents volunteers a
few hours of their time to operate
the equipment and identify
speeding vehicles in the
neighbourhood. The
Neighbourhood"Speed Watch"
Program is intended to give
motorists a "friendly reminder" of
the speed in residential areas.
Speed
(C)
Watch
QQNCEPT 131-4N. EPST QF LAMQNT AYEN4!E
There are two speed humps proposed east of Lamont Avenue, on either side of the park. They are
proposed in front of 3195 Cattell Drive and in front of 3163 Cattell Drive.
10/17/2016
ppNCEPT PLAN, WEST OF LAMRNT AV j gE
There are two speed humps proposed west of Lamont Avenue. They are proposed in front of 3433
Cattell Drive and in front of 3339 Cattell Drive (and just east of the school driveway).
NEST TEF
▪ Your input is important! Please take the time to comment on the study
findings and recommended plan by either completing the comments sheet
or getting in touch with one of the project team members.
Talk to your neighbours who could not attend tonight and encourage them
to provide their support for the speed control plan.
• Staff will incorporate and/or address the comments and suggestions
received from this neighbourhood meeting in the final plan.
Comments are requested by )-rlday, October28 2016.
• Bring the matter to City Council for approval.
October 18, 2016 3
10/17/2016
THQ4I�LK YOU FSR ATTEN PIT I -G
The display boards and comment form from tonight's meeting will be
posted on the City's website by the end of the week.
www.niagarafalls.ca
City Hall Departments / Transportation Services / Transportation Engineering
Project team members
+ John Grubich, C.E.T.
e Traffic Planning Supervisor
x (905) 356-7521 ext. 5214
x jgrubich@niagarafalls.ca
Bart Skiba
Traffic Technologist
(905) 356-7521 ext. 5201
bskiba@n iagarafal Is.ca
October 18, 2016 4
FIRE DEPARTMENT
Inter-Departmental Memo
To: Karl Dren
Director of Transportation Services
From: Jim Boutilier
Fire Chief
Date: December 1, 2016
Re: Traffic Calming Measures
As a city grows and the number of vehicles traveling its roadways multiplies, there is an
increased onus on the municipality to impose roadway and intersection controls. These efforts
are employed to ensure vehicular and pedestrian safety on roadways but the degree to which they
are used must be balanced against maintaining traffic flow for emergency responses.
Fire, police and EMS vehicles rely on minimized response times in order to provide timely
intervention, often in life threatening situations. Fire apparatus routinely respond from fire
stations and encounter main arterial intersection controls due to increased activity within the city.
Traffic calming measures are becoming more prevalent as development continues. The Fire
Department has routinely voiced objections to traffic calming measures because they are viewed
as obstacles to efficient emergency response times. Most of the routes that are considered
candidates for traffic calming are routes that expedite vehicular travel throughout the city. These
same routes are relied upon for emergency vehicles to access emergency scenes, thus creating
the dilemma. The Highway Traffic Act allows operators of emergency vehicles to exceed the
speed limit while responding to an emergency but they cannot proceed through a red light
intersection or stop street until they have ensured it is safe to do so.
A municipal fire department is required to follow standards of response that dictate, among other
criteria, acceptable response times. As response times increase, the need for additional resources
or new fire stations becomes one step closer to being required. If emergency vehicles are slowed
by additional stop signs and speed humps, the response times go up. Decisions to install traffic
calming measures need to take these things into consideration when debating the merits of their
use.
iu
A Great City ... For Generations To Come
TS-2016-44
Niagara,Falls December 13, 2016
C4NADA
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS-2016-44
Pattison Outdoor Advertising (Bus Shelters)
Agreement Extension
RECOMMENDATION
1. That the current lease with Pattison Outdoor Advertising for the provision
and maintenance of bus shelters, together with the installation of
advertising be extended for an additional five (5) years.
2. The Mayor and Clerk be authorized to execute the required agreements.
EXECUTIVE SUMMARY
Pattison wishes to exercise its option to extend the original agreement for an additional
five (5) year term commencing January 1, 2017. The original agreement is set to expire
on December 31, 2016. Staff is recommending an extension of the agreement.
BACKGROUND
Pattison Outdoor Advertising has been providing and maintaining bus shelters in part
with the Niagara Transit Commission from December 22, 2005 to May 31, 2007 at
which time the commission was dissolved and operations were continued as a division
of the Corporation of the City of Niagara Falls for the remainder of the term of ten (10)
years which will expire on December 31, 2016.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The proposed agreement nets the Corporation revenue of $550 per year, per Bus
Advertising Shelter or 35% of Pattison's net revenues respecting the advertising bus
shelters covered under this agreement, whichever is greater. Currently, we have 72 Bus
Advertising Shelters with a net annual revenue of$39,600.
2
TS-2016-41
December 13, 2016
CITY'S STRATEGIC COMMITMENT
The Transit Service Improvements and Public Consultation process support the City's
2015 - 2018 Strategic Priorities to make Transit Services an environmentally and
convenient choice that connects people to destinations, locally, regionally and
provincially.
Recommended :bY
Karl Dren, Director of Transportation Services
Respectfully submitted:
i &A-7 /LNY
Ken Todd, Chief Administrative Officer
C)
O
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Dean Iorfida
From: Kylee Robbins <kylee@niagaratips.com>
Sent: Wednesday, December 07, 2016 11:54 AM
To: Dean Iorfida
Subject: RE: flag
Attachments: image001.png
To whom,this may concern
Crime Stoppers of Niagara would like to have the permission to fly our Crime Stopper of Niagara flag for the month of
January. If possible we would also love to have a flag raising ceremony. We would also like to proclaim January as Crime
Stopper month
Thank you for your consideration
ryeee , 'o6
Administrative Director; Crime Stoppers of Niagara
P.O. Box 1086, St. Catharines, ON L2R 7A3
Admin. 905-938-5463
Tell us what you know. Not who you are.
RI 1'1
STOPPERS
Or N)AGALIA
Phone: 1-800-222-TIPS(8477)
Online:www.niagaratips.com
Text a Tip: 274637 (CRIMES) include the word Niagara in your message
Warning:The information contained in this electronic mail message,including attachments,is confidential,may be privileged and is intended for the use of the
above-named individual or entity only. If you are not the intended recipient,please notify us immediately by return e-mail,or by telephone 905.938.5463,then
delete this email and any copies from your system. Any dissemination,distribution or copying of this message or its contents is strictly prohibited.
From: Dean Iorfida [mailto:diorfida@niagarafalls.ca]
Sent: December 6, 2016 1:59 PM
To: 'Kylee Robbins' <kylee@niagaratips.com>
Subject: RE: flag
Kylee:
Yes, we do flag raisings/flyings at the City of Niagara Falls.
Based on our Council schedule, if you could send me an email with the "official" request by the end of business day
tomorrow, I'll get it on our agenda for Tuesday(the 13th)
Thanks
Dean
CLERKS DEPARTMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Dean lorfida, City Clerk
Date: December 13, 2016
Re: Illegal Dumping Working Group Agreement with Crime Stoppers
The City (Bylaw and Municipal Works staff) has participated in the Regional Illegal
Dumping Working Group. The Working Group is proposing an agreement and
arrangement with Crime Stoppers, so that dumping tips can be received by the
organization, which is well known.
The amount of pay outs expected as a result of the tips is through Crime Stoppers
expected to be nominal. To date, two (3) tips have been paid out in this municipality.
RECOMMENDATION: Council endorse the Illegal Dumping Working Group partnership
with Crime Stoppers and the Clerk be authorized to execute the related documentation.
A Great City ... For Generations To Come
l Public Works
Niagara / Region 1815 Sir Isaac Brock Way, PO Box 1042,Thorold,ON L2V 4T7
Telephone:905-980-6000 Toll-free: 1-800-263-7215 Fax:905-641-5208
www.n i agarare g i o n.c a
Memorandum
Date: October 21, 2016
To: Illegal Dumping Working Group
From: Jessica Blanchard, Contract Supervisor, Waste Management Services
Subject: Memorandum of Understanding: Crime Stoppers of Niagara
This memorandum is intended to advise the Illegal Dumping Working Group that the
Memorandum of Understanding (MOU) between Niagara Region and Crime Stoppers of
Niagara (CSN) is complete and is to be circulated to each local area municipality for
approval.
The recommendations set forth and approved in staff Report PW 3-2016 as it pertains to the
MOU are as follows:
1. Staff BE AUTHORIZED to pursue a partnership with Crime Stoppers of Niagara to
establish an alternative public reporting mechanism for anonymous illegal dumping
tips, subject to approval by all local area municipalities;
2. Staff BE AUTHORIZED to execute a Memorandum of Understanding with Crime
Stoppers satisfactory with Legal and Court Services and subject to approval by all
local area municipalities; and
As your municipality is member of the Illegal Dumping Working Group, it is requested that
you review and approve the MOU and return to Niagara Region Waste Management
Services by November 21, 2016.
As per the Schedule A of the MOU, the reward system procedure for reports that lead to a
By-law Conviction or Compliance are as follows:
• A two hundred dollar ($200) reward shall be provided to any person reporting
information with respect to an illegal dumping incident in Niagara Region where such
information leads to a By-law Conviction
• A fifty dollar ($50) reward shall be provided to any person reporting information about
an illegal dumping incident where such information leads to Compliance.
• Niagara Region will remit payment to Crime Stoppers at a rate of 150% the amount of
the reward. This amount is to compensate Crime Stoppers for the reward they
provide to the informant and to support the Crime Stoppers cause, mandate,
purposes, and objects.
• Niagara Region will, in turn, charge back 50% of this payment to the municipality in
which the offence occurred.
Memorandum
October 21, 2016
Page 2
Since the launch of the Reward System in the spring of 2014, two conviction rewards and
five compliance rewards have been awarded throughout Niagara region, totaling $650. We
would estimate that following the official commencement of the partnership with Crime
Stoppers of Niagara, we may see an increased number of illegal dumping reports, resulting
in a larger number of rewards. It is anticipated that there will be minimal implications to
operating budgets.
As you may recall, Niagara Region circulated letters to each municipalities Public Works
Official in November of 2013 that provided a reasonable budget estimate for the reward
system for each respective municipality, based on population density and illegal dumping
trends. Please do not hesitate to contact if you require a copy of this letter for reference for
future budgets.
Following receipt of signatures from each area municipality, the MOU will be circulated back
to the Regional Chair and Clerk for signing. A final copy will be sent to you for your files.
Questions or concerns regarding the MOU may be addressed Jessica Blanchard
Qessica.blanchard(r,,niagararegion) prior to the November 21, 2016 deadline.
The following documents are attached for reference:
o Report PW 3-2016
o Memorandum of Understanding, Crime Stoppers of Niagara
Respectfully submitted and signed by,
Jessica Blanchard
Contract Supervisor, Waste Management Services
Public Works
The Memorandum of Understanding between Niagara Region and Crime Stoppers of
Niagara has been reviewed and approved for execution by:
(signing officer)
of (municipality)
on this day of , 2016
Memorandum of Understanding
1. PARTIES
This Memorandum of Understanding ("MOU") is made as of the day of
, 2016 (the "Effective Date") and entered into by and between:
CRIME STOPPERS OF NIAGARA INC., a corporation incorporated under the
laws of the Province of Ontario (the "Crime Stoppers")
- and -
THE REGIONAL MUNICIPALITY OF NIAGARA, a regional municipality under
the laws of the Province of Ontario ("Niagara Region")
2. PURPOSE
A. The purpose of this MOU is to confirm the intent and understanding of Crime
Stoppers and Niagara Region (collectively, the "Parties") to work together to
assist in delivering a greater awareness within the Niagara community with
respect to illegal dumping issues and assist the Waste Management Services of
Niagara Region with its illegal dumping program to foster a cleaner Niagara.
B. Crime Stoppers desires to assist Niagara Region by donating its services and
anonymous tip reporting system to assist in receiving tips related to illegal
dumping in Niagara region, in addition to providing Niagara Region with certain
advertising and marketing services on Crime Stoppers website and social media
outlets and platforms;
C. Niagara Region desires to assist Crime Stoppers by providing advertising space
on its Waste Management Services webpage and social media outlets and
platforms and by providing monetary consideration to Crime Stoppers for tips
received through Crime Stoppers resulting in convictions and compliances;
D. The purpose of this MOU is to set forth certain non-binding understandings and
certain binding agreements between Crime Stoppers and Niagara Region
relating to the proposed commitments by Niagara Region to Crime Stoppers.
-2-
3. NONBINDING PROVISIONS
The following sections of this MOU (collectively, the "Non-binding Provisions") reflect
the mutual understanding of the matters described in them. Each party acknowledges
that the Non-binding Provisions are not intended to create or constitute any legally
binding obligation between the parties, and no party shall have any liability to bind any
other party with respect to the Non-binding Provisions. No party to this MOU shall have
any liability to any other party to this MOU based upon, arising from, or relating to the
Non-binding Provisions.
A. Crime Stoppers shall provide Niagara Region advertising and marketing services
and spaces with respect to Niagara Region's illegal dumping program and Waste
Management Services on the Crime Stoppers website and social media outlets
and platforms only as reviewed and approved by Niagara Region and Crime
Stoppers. Such advertisements shall link those individuals who click the
advertisement to Niagara Region's Waste Management Services website and
online reporting system.
B. Niagara Region shall provide to Crime Stoppers advertising and marketing
services and spaces on Niagara Region's Waste Management Services website
and social media outlets and platforms only as reviewed and approved by
Niagara Region and Crime Stoppers. Such advertisements shall link those
individuals who click the advertisement to Crime Stoppers website and online
anonymous tip reporting system.
C. Crime Stoppers shall receive anonymous tips related to illegal dumping in the
region of Niagara using its anonymous reporting systems and shall forward all
such tips received to the Waste Management Services Division of Niagara
Region. All tips received by Crime Stoppers and forwarded to the Waste
Management Services Division of Niagara Region shall be anonymous.
D. Crime Stoppers shall make all reward payments resulting from all successful tips
leading to illegal dumping convictions and compliances received through the
Crime Stoppers anonymous reporting systems as per the "Reward System
Procedure for Niagara Residents who Report Illegal Dumping Activity Region
Wide which Leads to a Conviction or Compliance", attached as Schedule "A".
E. Where Crime Stoppers makes a reward payment, Niagara Region shall
reimburse Crime Stoppers for said reward payment in an amount equal to One
Hundred and Fifty Percent (150%) of the reward payment amount.
F. The Parties may organize and run various other mutually beneficial programs
throughout the Agreement: the time, date, and scope of such programs to be
mutually determined by the Parties at a later date.
G. This MOU and the provision of any consideration hereunder by Niagara Region
and Crime Stoppers will commence on the Effective Date and will be an ongoing
collaboration until terminated earlier in accordance with this MOU (the "Term").
-3-
4. GENERAL PROVISIONS
A. Termination. This MOU may be terminated upon either party providing sixty (60)
days written notice to the other party.
B. Not a Partnership. Nothing contained herein shall create or be construed as
creating a partnership, joint venture, agency, or any similar relationship between
Crime Stoppers and Niagara Region.
C. Legal. This MOU will be interpreted and enforced in accordance with the laws of
the Province of Ontario. This MOU may be executed in any number of
counterparts, and all such counterparts taken together shall be deemed to
constitute one and the same instrument.
D. Currency. All dollar amounts in this MOU are expressed in Canadian funds.
IN WITNESS WHEREOF, this MOU has been executed by the parties hereto on this
day of , 2016.
CRIME STOPPERS OF NIAGARA INC.
Per:
Authorized Signing Officer
I have authority to bind the corporation
THE REGIONAL MUNICIPALITY OF
NIAGARA
Per:
Name: Alan Caslin
Title: Regional Chair
Per:
Name: Ralph Walton
Title: Regional Clerk
We have authority to bind the Corporation.
-4-
SCHEDULE A
REWARD SYSTEM PROCEDURE
for
NIAGARA RESIDENTS WHO REPORT ILLEGAL DUMPING ACTIVITY REGION
WIDE WHICH LEADS TO A CONVICTION or COMPLIANCE
1. Reward Amount
a. A two hundred dollar ($200.00) reward shall be provided to any person
reporting information with respect to an illegal dumping incident in Niagara
Region where such information leads to a By-law Conviction. A fifty dollar
($50.00) reward shall be provided to any person reporting information
about an illegal dumping incident where such information leads to
Compliance.
b. A By-law Conviction is defined as when either:
i. A fine paid by the offender.
ii. An offender challenges the notice received by Niagara Region with
respect to the alleged illegal dumping and that offender is found
guilty in court.
c. Compliance is defined as when the offender cleans up the illegally
dumped material in lieu of charges.
2. Eligibility
a. Illegal dumping reports can be received by Niagara Region or Crime
Stoppers.
b. Where an individual reports an illegal dumping infraction through the
Crime Stoppers reporting system, that individual must provide sufficient
information about the illegal dumping infraction.
c. Any individual reporting an illegal dumping infraction through the Crime
Stoppers reporting system shall have all their personal information kept
confidential and shall not be called upon to provide testimony on the
infraction.
d. An individual reporting an illegal dumping infraction shall only be provided
a reward where the illegal dumping occurrence is situated on public land
or public rights of way in accordance with the related By-laws.
e. Niagara Region can initiate and issue an offence notice to a potential
offender.
4
-5-
f. A reward for providing information with respect to an illegal dumping
infraction shall only be available to an individual where said infraction
occurs within Niagara region, and only on Municipal and Regional
property/roads.
g. Rewards are only to be paid to an individual providing information on an
illegal dumping infraction where such information leads to a successful
Conviction or Compliance. The Conviction and Compliance process may
take several months and as such, an individual providing information may
not receive a reward for many months, until a Conviction or Compliance is
reached.
h. Where multiple individuals file multiple reports with respect to the same
illegal dumping incident, only one reward shall be available. The individual
who reports the incident first, and provides sufficient information to build a
case for Conviction or Compliance, will be eligible for the reward.
3. Process for Reward
a. An illegal dumping report may be received by Niagara Region or Crime
Stoppers, through on-line tools, e-mail or phone call.
b. Once a report is received by either Niagara Region or Crime Stoppers, an
investigation will commence to verify such information which may
potentially lead to the issuance of an Offence Notice or a request to the
offender to clean up the illegally dumped material.
c. Once an investigation has been completed, an Offence Notice is issued or
a request is made of the offender to clean up the illegally dumped
materials. An Occurrence is recorded in the Illegal Dumping tracking
database by appropriate staff at Niagara Region. Once offender clean-up
is confirmed, proceed to step (g).
d. The By-law Officer or designate from the authority issuing the Offence
Notice will follow up with the Provincial Offences Office as to the outcome
of the Notice to confirm whether the Notice was paid, the charges
dropped, or is proceeding to court. This will be done immediately after the
required time for an Offender to act on the Notice.
e. The By-law Officer or designate from the authority issuing the Offence
Notice will record the outcome in the Illegal Dumping tracking database.
f. The Local Area Municipality will inform Niagara Region of any successful
convictions issued at their level.
g. Upon confirmation of successful Conviction/Compliance and such
Conviction/Compliance is a result of information provided by an individual
through the Crime Stoppers reporting system, Niagara Region will contact
Crime Stoppers informing them that the abovementioned individual's
5
-6-
information regarding illegal dumping lead to a successful
Conviction/Compliance.
h. A Niagara Region By-law Officer will complete Niagara Region's billing
request form to request the reward be paid out to Crime Stoppers. A joint
letter from Niagara Region and participating Local Area Municipality will
accompany the reward payment, co-signed by the Regional Chair, and the
Mayor of the Local Area Municipality. Crime Stoppers will then provide the
reward to the individual based on Crime Stoppers reward policies.
i. Niagara Region will remit payment to Crime Stoppers at a rate of 150%
the amount of the reward. This amount is to compensate Crime Stoppers
for the reward they provide to the informant and to support the Crime
Stoppers cause, mandate, purposes, and objects. Niagara Region will, in
turn, charge back 50% of this payment to the municipality in which the
offence occurred.
6
Niagara' /��i Region PW 3-2016
January 5, 2016
Page 1
REPORT TO: Public Works Committee
MEETING DATE: Tuesday, January 05, 2016
SUBJECT: Illegal Dumping Working Group Terms of Reference and Crime
Stoppers
RECOMMENDATIONS
1. That the Illegal Dumping Working Group Terms of Reference BE AMENDED to
reflect a semi-annual meeting schedule;
2. That Staff BE AUTHORIZED to pursue a partnership with Crime Stoppers of
Niagara to establish an alternative public reporting mechanism for anonymous
illegal dumping tips, subject to approval by all local area municipalities;
3. Staff BE AUTHORIZED to execute a Memorandum of Understanding with Crime
Stoppers satisfactory with Legal and Court Services and subject to approval by
all local area municipalities; and
4. That this report BE CIRCULATED to local area municipalities for information or
approval by their Council, as required.
KEY FACTS
• The Illegal Dumping Working Group (IDWG) has been conducting quarterly
meetings over the past two years. At the last meeting on March 24, 2015, it was
determined by the members that semi-annual meetings are sufficient to meet the
Terms of Reference.
• Public Works Committee received a request from Crime Stoppers of Niagara to
consider using their anonymous tipster reporting system to enhance the existing
Illegal Dumping reporting tools.
• Staff supports the partnership with Crime Stoppers of Niagara as it is anticipated
the program will increase the number of illegal dumping reports and allow staff to
react to dumping issues with minimal impact to cost or operations.
CONSIDERATIONS
Financial
There is no cost implication by changing the IDWG Terms of Reference from quarterly
to semi-annual meetings.
PW 3-2016
January 5, 2016
Page 2
Under the current model approved by Regional Council and agreed upon by the local
area municipalities, Niagara Region and applicable municipality pay $200 and $50 for
reports received directly from the public that lead to a successful conviction or
compliance, respectively. The proposed partnership with Crime Stoppers would result in
an additional one hundred dollar ($100) cost for conviction and twenty-five dollar ($25)
cost for compliance associated with reports received through the Crime Stoppers
program. However, staff anticipate minimal increase in payouts, and therefore the
associated costs with this partnership could be managed within the approved waste
management operating budget.
Corporate
There is no anticipated impact on staffing as a result of these recommendations. It is
expected existing staff will be able to handle any additional illegal dumping calls.
Governmental Partners
The proposed program is in partnership with an external party that will allow anonymous
tips related to illegal dumping to be reported and investigated. Crime Stoppers indicates
they normally maintain partnerships with law enforcement agencies. This partnership
would be the first of its kind for Crime Stoppers.
Staff has consulted with the members of the IDWG. All the IDWG members support the
partnership with Crime Stoppers. However, two municipalities have indicated they will
take this report to their respective Council for approval.
Public and/or Service Users
There is no impact on the public by altering the IDWG Terms of Reference to semi-
annual meetings.
Although the public was previously able to report through existing mechanisms
anonymously, the partnership with Crime Stoppers of Niagara will allow another option
for reporting and improve public service. The public may feel more secure with
anonymous reporting through the Crime Stoppers organization. Crime Stoppers has an
existing mechanism to pay rewards for successful conviction or compliance related to
anonymous tips.
ANALYSIS
The IDWG has been meeting since October 2012 on a regular basis. The IDWG has
maintained consistent participation from the group members and made progress in the
fight against illegal dumping since that time. At the last meeting on March 24, 2015 it
was determined that quarterly meetings were no longer required. As such, the IDWG
recommended adjusting the Terms of Reference to semi-annual meetings. Semi-annual
meetings are sufficient to maintain the required level of participation as well as to avoid
PW 3-2016
January 5, 2016
Page 3
the potential loss of interest that may result with conducting meetings with repetitive
agendas. The IDWG members support the transition to semi-annual meetings.
Per Public Works Committee request "That staff examine how illegal dumping initiative
could be incorporated as part of Crime Stoppers in cooperation with the Illegal Dumping
Working Group". The IDWG reviewed the request during the March 24, 2015 meeting
and requested further information from Crime Stoppers about the program and financial
commitment. Region staff has investigated a potential partnership with Crime Stoppers
for illegal dumping activities. Staff met with Crime Stoppers about receiving anonymous
calls from the public for illegal dumping in Niagara. Crime Stoppers also submitted a
proposal for consideration. The following summarizes the offer from Crime Stoppers:
• Crime Stoppers would like to receive anonymous tips related to illegal dumping in
Niagara and will forward the information to Waste Management Services Division
to investigate using established procedures.
• The Region will post the Crime Stoppers logo with a link to their anonymous
reporting system on the on-line Illegal Dumping reporting page. This would allow
the public to have the option to choose to use Crime Stoppers for anonymous
reporting.
• Crime Stoppers is not asking for any other changes to existing illegal dumping
signs or communication methods.
• Any rewards paid to the public through Crime Stoppers would be the same as the
current reward system of$200 and $50 for successful conviction and compliance
respectively. The Region and applicable municipality would share the payments
as per the current practice. Crime Stoppers has an existing system for
anonymous payment.
• Crime Stoppers is asking for a 150% reimbursement on reports originating
through Crime Stoppers and approved (i.e., the Niagara Region and applicable
municipality would share payment of$300 to Crime Stoppers of Niagara for any
$200 conviction reward or $75 to Crime Stoppers for any $50 compliance reward
that is approved).
• The extra amount paid to Crime Stoppers is used to support their programs.
• There would be a Memorandum of Understanding to ensure a smooth and timely
transition of any "tipster" information from Crime Stoppers to the appropriate
party.
• The Region would confirm with Crime Stoppers if the information provided
through their tipster line was "good" and led to conviction or compliance. If so, a
reward would be approved.
• All reports from Crime Stoppers would be 100% anonymous.
PW 3-2016
January 5, 2016
Page 4
Positive aspects of partnering with Crime Stoppers are:
• The potential to receive more reports of illegal dumping, as individuals may be
more comfortable to report under the anonymity of the Crime Stoppers
organization.
• Crime Stoppers would aid in the promotion of the Illegal Dumping
Campaign/program on their social media platforms.
• The efforts and progress to date surrounding the appearance and function of
Illegal Dumping Campaign/program would not require alterations. All current
reporting options (calls to the Waste Information Line, smart phone application,
the on-line Reporting Tool) would co-exist with this additional means of receiving
reports through Crime Stoppers.
Although the reimbursement to Crime Stoppers for approved rewards has the potential
to be a greater cost for the Niagara Region and the municipalities, based on data from
our reward system to date, the risk of this becoming a budget issue is minimal. Illegal
dumping reports from the public have led to two $50 compliance rewards being paid out
to date. Staff believes this is a good partnership for continued improvement to promote
Illegal Dumping awareness in Niagara.
At its December 7, 2015 meeting, the Waste Management Planning Steering
Committee supported the recommendations in this report.
ALTERNATIVES REVIEWED
The alternate reviewed was to leave the IDWG meetings at quarterly. As the IDWG has
matured and the issues have been covered, it was determined to be appropriate to
reduce the meeting frequency as not to make the meetings redundant and lose potential
future participation.
The alternative was not to partner with Crime Stoppers of Niagara. Given the minimal
impact to the existing program, the opportunity to partner with an external group and the
potential to receive more illegal dumping reports, staff believe it was important to
expand the mechanisms to receive illegal dumping reports.
ORIGIN OF REPORT
This report has been brought forward by staff to respond to Public Works Committee
request to consider partnership with Crime Stoppers for illegal dumping. The change in
to the Terms of Reference is being brought forward by the Illegal Dumping Working
Group.
PW 3-2016
January 5, 2016
Page 5
OTHER PERTINENT REPORTS
WMPSC-C 32-2015: Illegal Dumping Working Group Update
SUBMITTED & SIGNED BY: APPROVED & SIGNED BY:
Ron Tripp, P.Eng, Commissioner Harry Schlange
Public Works Department Chief Administrative Officer
This report was prepared by Bob Vanyo, Contract Supervisor, Waste Management
Services and reviewed by Cathy DeLuca, Program Financial Analyst, Corporate
Services, Allison Tyldesley, Associate Director, Waste Management Services and
Catherine Habermebl, Director, Waste Management Services
APPENDICES
N/A
CLERKS DEPARTMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Dean lorfida, City Clerk
Date: December 13, 2016
Re: Canada Summer Games, M.O.U.
Staff has been meeting with the Niagara Sport Commission staff and member of the
Canada Summer Games committee, Doug Hamilton. The team is in the process of
entering the next stage of the Canada Summer Games 2021 bidding process. The
organizers at the Niagara Sports Commission would like us to get some kind of
commitment/acknowledgement for the role and responsibility of the City in their Canada
Summer Games bid.
To move forward a Memorandum of Understanding is required from each municipality.
RECOMMENDATION: For the Consideration of Council.
A Great City ... For Generations To Come
■■O
: \ IAGARA y■
SPORT COMMISSION
Where community and business play
MEMORANDUM
TO: Kathy Moldenhauer— Director, Recreation & Culture
Geoff Holman— Director, Municipal Works
CC: Mike Strange—Councillor, City of Niagara Falls
FROM: 2021 Canada Games —Niagara Bid Group
DATE: December 7th, 2016
SUBJECT: Niagara Falls MOU with 2021 Niagara Bid Group
The Niagara 2021 Bid Group would like to enter into a non-binding Memorandum of
Understanding (MOU) concerning its proposed use of two City of Niagara Falls recreation
facilities for the 2021 Canada Summer Games (if the bid is successful).
The two facilities are Oakes Park (Baseball Competition) and Kalar Field (Soccer Practice).
The Bid Group is proposing that Niagara Falls waive the rental fees for Oakes Park and Kalar
Field. The Bid Group is also proposing to contribute 50% of the costs required to upgrade Oakes
Park as per the following table:
Item Description Estimated Cost City Contribution C2
ContribG201ution
Oakes Park $8,117.55
Waived Rental
Facility Rentals (7 Days Competition)
Kalar Field (Turf Field Only) $19,879.16
Waived Rental
(7 Days Practice)
Required
Facility Oakes Park Improvements $90,000 $45,000 $45,000
Improvements (Dugouts & Bullpens)
This funding model is being used by the Bid Group for all municipal partners.
In addition to these facilities, the Bid Group is also proposing to use other Niagara Falls facilities
(Scotiabank Convention Centre and Legends on the Niagara Golf Complex) for the Games. The
Bid Group will be obtaining separate MOU's for those facilities.
Ontario •� Fondation
Trillium Trillium
Foundation 41/I\V, de('Ontario
20 Pine St.N.Studio A Thorold,ON L2V 0A1 P:905.680.8085 F:905.680.7253 W:www.niagarasportcommission.com
w:
rz
FALLSVIEW
Mayor Diodati & City Council
City of Niagara Falls
4310 Queen St.
Niagara Falls, ON
L2E 6X5
November 24, 2016
Delivered via Email
Dear Mayor Diodati & City Council:
The Fallsview BIA is embarking of a beautification and branding project to enhance and identify our
district.
We respectfully ask to have funding of$75,000 included in the 2017 Capital Budget to develop the
concept and design of Gateway Features for the Fallsview Business District.
This design study will recommend locations for new features that animate and highlight this area as an
upscale entertainment district that is unique within the City. A range of new technologies, public art and
pedestrian realm improvements would be investigated as part of this review.
Thanking you in advance for your consideration.
Sincerely,
Sue Mingle (McDowell)
Executive Director
IT HAPPENS ON THE I . '
Fallsview BIA, P.O. Box 655, Niagara Falls,Ontario,Canada, L2E 6V5,Tel:905-357-7000, ext:7210, w.;'.fallsviewboulevard.coir
onurio
Wayne Gates
MPP, NIAGARA FALLS
Mayor Jim Diodati
Mayor's Office
The City of Niagara Falls
4310 Queen Street,P.O. 1023
Niagara Falls,Ontario
Canada L2E 6X5
November 23, 2016
Dear Mayor Diodati:
I am writing regarding the plaque signifying the Unknown Soldier in Fairview Cemetery in Niagara
Falls. The grave of the Unknown Solider is one of the greatest ways we pay homage and respect to
the soldiers who fell nameless in battle. It is how we show that we will not forget any soldier who
fell in battle.
It is my opinion that the plaque currently in place at the Fairview Cemetery is not enough. I am
requesting that the City of Niagara Falls erect a gravestone in its place to pay proper tribute to the
Unknown Soldier and to respect our veterans. This is least we can do to show how much we honour
their courage and conviction and to show that we will always remember their sacrifices.
Sincerely,
6 (17
3 0 2016
-- NOV r
Wayne Gates r ia's OFFICE
MPP for Niagara Falls "
Niagara Falls Fort Erie Niagara-on-the-Lake Queen's Park Office
6746 Morrison Street,Unit 1 Douglas Heights Senior Centre NOTL Public Library Room 361,Main Legislative Building,
Niagara Falls,ON L2E 6Z8 265 High St., 10 Anderson Lane Queen's Park,Toronto,ON M7A 1A5
Tel 905-357-0681 Fort Erie,ON L2A 3R4 Niagara-on-the-Lake,ON LOS 1J0 Tel 416-212-6102
Fax 905-357-9456 Tel 905-871-8868 Tel 289-241-2238 Fax 416-212-6106
wgates-co@ndp.on.ca Fax 905-871-4717 Fax 905-357-9456 wgates-qp@a ndp.on.ca
M•.ssoriaonot
Munk-1°46Ontario Office of the President
December 1, 2016
Dear AMO Member:
RE: Federal Infrastructure Phase 2 Incrementality Resolution
As you know, the federal government announced additional infrastructure funding
over the next 12 years in the Fall Economic Statement as part of its Phase 2
programming. It is consulting on design aspects for Phase 2 in order for it to be
known before the funding programs begin in 2018.
AMO has endorsed a number of principles for the funding design - that it should
maximize municipal flexibility; respect the breadth of municipal infrastructure assets
and priorities; and provide stable, predictable, formula-based funding to municipal
governments.
The role of incrementality and the funding formula (i.e., the share by each order of
government) are important aspects. In communicating our principles to the federal
government, we have noted the impacts of different formula approaches. The ideal
position for municipal governments would be a 50% federal, 33% provincial, and a
17% municipal portion. This would mean a smaller share of municipal capital costs
would recognize ongoing municipal operating costs which are generally not eligible for
funding purposes. In reality, very few provinces agreed to fund 33% of Phase 1
programs, and some didn't put up new funds where they agreed to it. In Ontario, the
provincial government did add new funding, in the amount of$250 million (25%)for
the recent Clean Water and Wastewater Fund (CWWF). This was in addition to its
existing multi-billion long term infrastructure plan. No provincial funding was added
for the federal public transit agreement.
Generally, incrementality has been a feature of prior federal programs. It requires
that municipal and provincial governments spend new additional funds for each
infrastructure project in order to meet the eligibility rules. This requirement may have
had some merit before municipal governments had comprehensive asset
management plans and related multi-year capital plans. Going forward, it will confuse
the principles and practice of asset management not to mention municipal financial
planning because it would influence municipal priorities. Where there are multi-year
capital plans, based on asset replacement and maintenance priorities of an asset
management plan, the federal funding should be aligned with these municipal plans.
Phase 2 should align with municipal long-term planned spending, not the other way
around.
2
We hope that you agree. If so, please adopt the attached resolution and add your
voice to AMO's. AMO continues to believe that good asset management is the
foundation of appropriate municipal infrastructure and financial management.
Funding approaches must support it to further advance the culture of municipal asset
management in Ontario.
Sincerely,
Lynn Dollin
AMO President
200 University Ave. Suite 801 www.amo.on.ca Tel 416. 971.9856 Toll Free in Ontario
Toronto, ON, M5H 3C6 amo@n amo.on.ca Fax 416. 971.6191 877.426.6527
3
FEDERAL INFRASTRUCTURE PHASE 2 INCREMENTALITY RESOLUTION
WHEREAS municipal governments' infrastructure is critical to our collective economic
health;
WHEREAS stable, predictable and formula- based infrastructure funding allows
municipal governments to plan and schedule investments in infrastructure;
WHEREAS Ontario municipal governments have asset management plans which set
out a municipality's longer term capital plan which reflects the infrastructure priorities
of these asset management plans; and
WHEREAS a federal incrementality rule interferes with municipal long-term
infrastructure priorities and diminishes the value of municipal asset planning and
management;
NOW, THEREFORE BE IT RESOLVED that the (name of municipality) calls on the
federal government to provide long-term, predictable, and formula-based funding in
its Phase 2 programs for municipal governments; and
BE IT ALSO RESOLVED that the (name of municipality) calls on the federal government
to change incremental requirements in Phase 2 to recognize in Ontario that a
municipal government'asset management plan meets a municipal incremental
infrastructure requirement.
Please forward your resolution to:
AMO President Lynn Dollin amopresident@amo.on.ca
200 University Ave. Suite 801 www.amo.on.ca Tel 416. 971.9856 Toll Free in Ontario
Toronto,ON, M5H 3C6 amo@amo.on.ca Fax 416. 971.6191 877.426.6527
1 Office of the Regional Chair I Alan Caslin
>'4)*
1815 Sir Isaac Brock Way,PO Box 1042 Thorold,ON L2V 4T7
'x ,;,•1
Telephone:905-980-6000 Toll-free: 1-800-263-7215 Fax:905-685-6243
` "<� .'5, "` Email:alan.caslin@niagararegion.ca
www.niagararegion.ca
The Right Honourable Justin Trudeau
Prime Minister of Canada
80 Wellington Street
Ottawa, ON K I A 0A2
September 20, 2016
Dear Prime Minister Trudeau,
In spring of this year your government indicated it would consider a comprehensive ban on the use of
asbestos in Canada. As of April I, 2016, Public Services and Procurement Canada Minister Judy Foote stated
that PSPC no longer uses asbestos in PSPC new construction and major renovation projects. We believe that
this ban should be extended beyond the federal workforce.
I am writing to inform you that following a presentation from the Niagara Regional Labour Council at the
Sept. 6, 2016 meeting of the Public Health & Social Services Committee, on September 15, 2016 Niagara
Region Council unanimously passed the following motion:
"I. That Niagara Region SUPPORTS the Canadian Labour Congress call for a comprehensive ban on asbestos;
2. That the Niagara Region support of a call for a comprehensive ban on asbestos BE COMMUNICATED to
the Prime Minister, Minister of Employment, Workforce and Labour, Minister of Health and Minister of
International Trade and local MPPs and MPs by means of a letter signed by the Regional Chair;and
3. That a copy of this resolution BE CIRCULATED to local area municipalities for their support."
Niagara Region Council is also the Board of Health for Niagara under the Health Protection and Promotion
Act of Ontario and therefore has significant interest in a comprehensive ban on a substance known to cause
many forms of cancer and pulmonary disease.
Niagara Region looks forward to the time when this ban comes into effect; so that all citizens, but especially
frontline workers, can realize greater protection from asbestos related illnesses.
Yours Truly,
Alan Caslin
Regional Chair, Niagara Region
c. Hassan Yussuff, President, Canadian Labour Congress
Niagara Region supports Asbestos Ban 2 September 20, 2016
Lou Ann Binning, President, Niagara Regional Labour Council
The Honourable MaryAnn Mihychuk, Minister of Employment,Workforce Development and Labour
The Honourable lane Philpott, Minister of Health
The Honourable Chrystia Freeland, Minister of International Trade
The Honourable Judy Foote, Minister of Public Services and Procurement
Dean Allison, Member of Parliament, Niagara West
Chris Bittle, Member of Parliament, St. Catharines
Vance Badawey, Member of Parliament, Niagara Centre
Rob Nicholson, Member of Parliament, Niagara Falls
Cindy Forster, Member of Provincial Parliament, Welland
lira Bradley, Member of Provincial Parliament, St. Catharines
Wayne Gates, Member of Provincial Parliament, Niagara Falls
Office of Tim Hudak,former Member of Provincial Parliament, Niagara West-Glanbrook
ACs039-16
Legal and Clerks Services
Office of the City Clerk Phone: 905.688.5600
CITY OF PO Box 3012, 50 Church Street Fax: 905.682.3631
ST.CAT!IARINES St. Catharines, ON L2R 7C2 TTY: 905.688.4TTY (4889)
July 14, 2016
Ministry of the Attorney General Minister of Children and Youth Services
Yasir Naqvi Michael Coteau
McMurtry-Scott Building 77 Wellesley Street West
720 Bay Street, 11th Floor PO Box 156
Toronto, ON M7A 2S9 Toronto, ON, M7A 1N3
attorneygeneral[a�ontario.ca mcsmin(7mcys.gov.on.ca
Re: Motion of Council —Sustainable Funding Support for Child Advocacy Centres and
the Kristen French Child Advocacy Centre Niagara
Our File No.: 35.2.2
Please be advised that the Council of the City of St. Catharines, at the meeting of July
11, 2016, supported unanimously the following motion which was Moved by Mayor
Sendzik:
"Whereas child and youth advocacy centres (CAC's) provide support for victims of
child abuse and trauma and a unique way of managing child victim needs and
investigation excellence while also addressing and preventing longer-term impacts
of child abuse at the outset; and
Whereas CAC's currently receive financial support through local fundraising and
federal funding; and
Whereas provincial governments across Canada, including the Province of Ontario
do not provide sustainable dollars to support CAC's resulting in a wide variance as
to what resources are available for children; and
Whereas Ontario ministries sustain programs and funding for child welfare, health,
police and public safety, but not CACs which provide all of these services; and
Whereas the Ontario provincial government is focused on addressing issues of
poverty, homelessness and sexual assault which can be potential outcomes of
untreated child abuse and trauma, and on creating new community hubs.
Whereas Alberta is the only province in Canada which currently provides sustainable
funding for CAC's including the Sheldon Kennedy Centre. Through the Children First
Act, the Province of Alberta reallocated dollars from various ministries including child
welfare, social services, policing and health services to provide core services to child
victims through CAC's without requiring new funding; and
Whereas CACs have been in existence for almost 30 years in the United States, and
the Kristen French Child Advocacy Centre in Niagara is the oldest free standing
CAC in Canada, with six more centres operating in Ontario;
Therefore Be It Resolved that St. Catharines City Council urges the Government of
Ontario to direct the Ministry of the Attorney General, Ministry of Children & Youth
Services, Ministry of Health, and Ministry of Corrections and Public Safety to work
together to create a sustainable core funding formula for Ontario's Child Advocacy
Centres; and
That staff be directed to circulate the Council resolution to the Ministry of the
Attorney General, the Ministry of Children and Youth Services, the Ministry of
Health, the Ministry of Corrections and Public Safety, MPP Jim Bradley, MPP Cindy
Forster, MPP Tim Hudak, Niagara Regional Council, all Niagara Region
municipalities and the Association of Municipalities of Ontario. FORTHWITH"
The Mayor and Council of the City of St. Catharines respectfully requests your
consideration of this important initiative. Should you have any questions, please do not
hesitate to contact the Office of the City Clerk at Extension 1517.
fi�ather-Salter
Deputy City Clerk
cc: Hon. Eric Hoskins, Minister of Health and Long Term Care
MPP, Jim Bradley
MPP, Cindy Foster
MPP, Tim Hudak
Regional Municipality of Niagara Council
Local Municipalities
Association of Municipalities of Ontario
Legal and Clerks Services
Office of the City Clerk Phone: 905.688.5600
CITY OF PO Box 3012, 50 Church Street Fax: 905.682.3631
ST.CATHARINES St. Catharines, ON L2R 7C2 TTY: 905.688.4TTY (4889)
December 5, 2016
The Honourable Kathleen Wynne Kathryn McGarry
Premier of Ontario Minister of Natural Resources & Forestry
Via email to: kwynne.mpp.coliberal.ola.ca Via email: kmcgarry.mpp.co(a,liberal.ola.orq
Bonnie Lysyk
Auditor General of Ontario
Via email to: commentsa,auditor.on.ca
Re: Niagara Peninsula Conservation Authority (NPCA) - Investigation
Our File No. 35.2.2
Please be advised that Council, at its regular meeting held on December 5, 2016,
unanimously supported the following resolution regarding Niagara Peninsula
Conservation Authority (NPCA) - Investigation:
"WHEREAS the Niagara Peninsula Conservation Authority(NPCA), a Provincial
agency operating in the Regions of Niagara and Haldimand County and the City
of Hamilton, is funded largely by the Region of Niagara; and
WHEREAS the City of St. Catharines is the single largest local tier municipal
contributor of public funds to the Region of Niagara and, therefore, the largest
contributor to the NPCA's funding;
WHEREAS, serious questions have been raised about the financial and human
resource management of the NPCA; and
WHEREAS, serious questions have been raised about the functioning of the
NPCA in upholding its duty to fulfill the legislative mandate, as set out for it in
Section 20 of The Conservation Authorities Act, "to establish and undertake
programs designed to balance the conservation, restoration, development and
management of natural resources."; and
WHEREAS, Niagara MPPs and citizens have called for a forensic audit of the
NPCA's business practices; and
WHEREAS the people of the City of St. Catharines, the Region of Niagara and
the Province of Ontario deserve openness and accountability as to how their tax
dollars are being spent and how effectively our natural environment is being
protected;
THEREFORE BE IT RESOLVED, Council requests a letter be sent to Premier
Kathleen Wynne and Kathryn McGarry, Minister of Natural Resources and
Forestry, the Auditor General of Ontario, with copies distributed to the NPCA, all
Niagara MPPs, the Niagara Region, local tier municipalities in Niagara,
Haldimand County and the City of Hamilton, urging the Province to immediately
initiate an appropriately thorough investigation be it a value for money and/or a
forensic audit of the Niagara Peninsula Conservation Authority. FORTHWITH
The information contained in the above-noted is self-explanatory, should you have
any questions or concerns feel free to contact me at 905-688-5601 ext. 1506.
// espectfully subrrn,9itted,
-�
Bonnie Nistico-Dunk
City Clerk
cc MPP Jim Bradley
MPP Wayne Gates
MPP Cindy Forster
MPP Sam Oosterhoff
Niagara Peninsula Conservation Authority
Regional Municipality of Niagara Council
All Niagara Region Municipalities
Haldimand County Council
City of Hamilton Council
CLERKS DEPARTMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Dean lorfida, City Clerk
Date: December 13, 2016
Re: 4711 Zimmerman
Council has received the attached from property owner, Peter Merola regarding a
complaint related to ponding on his property.
There is a great deal of detail and history related to the file, which is unlikely to be
resolved on the Council floor. As a result, the following recommendation is proposed:
RECOMMENDATION: Refer to Staff for a report.
A Great City ... For Generations To Come
Dean Iorfida
From: Pierre Mer <
Sent: Friday, December 02, 2016 2:39 PM
To: Dean Iorfida; CouncilMembers
Subject: Fwd: Undelivered Mail Returned to Sender
Hi,
My name is Peter Merola, further to the email below I am requesting to come before council at the next
deputation meeting on December 13-2016 to discuss this issue. Contradictory to Alex Herlovitch's decision I
will bring photos which will be developed prior to the meeting.
Thank You,
Peter Merola 647-907-9270
Forwarded message
From: Kim <kcraitor2@,cogeco.ca>
Date: Wed, Nov 23, 2016 at 10:43 AM
Subject: Kim Craitor
To: Pierre Mer
Hi Peter
Attached is the email I said I would send to you
Councillor Kim Craitor
City of Niagara Falls
Cell 2892418439
From: Alex Herlovitch <aherlovitch@aniagarafalls.ca>
Sent: Tuesday, November 22, 2016 5:01 PM
To: CouncilMembers
Cc: Ken Beaman; Ken Todd; Jamie Cerminara; Tammy Agnoletto; Geoff Holman; Carey Campbell; Dean Iorfida
Subject: RE: 4711 Zimerman Av
Dear Councilors
Planning and Building (Property Standards) will not be taking any further action on this complaint by Mr.
Merola. Unfortunately the statute of limitations during which the City could have filed a charge has expired. The
previous filing a year or 2 ago was dismissed by the courts due to an error in the information.
i
Both our Property Standards Officer and I have separately been to the property numerous times this year (both
during and following a rainfall event) and have not evidenced any ponding of water which would be a violation
of the Property Standards By-law. Thus, no ponding was witnessed which is necessary for a new charge to be
filed under the Property Standards By-law.
I know nothing of Jim's comments.
As far as I know the alleged drain is private (not City) and on the owner's property. I have no knowledge of how
it worked or if it worked.
Mr. Merola has a right-of-way across the neighbour's property to his parking area. This is the area where Mr.
Merola alleges water ponds (as I said, we have not witnessed it). Mr. Merola's parking area is at a slightly
higher elevation.
I would do something for the complainant if there was a means under the Property Standards By-law which
would allow me to do so.
If you have any questions, please let me know.
Alex
Alex Herlovitch, MCIP, RPP
Director of Planning, Building & Development
City of Niagara Falls
From: Carey Campbell
Sent: Monday, November 21, 2016 2:08 PM
To: Alex Herlovitch; Dean Iorfida
Subject: FW: 4711 Zimerman Av
2
From: Pierre Mer [mailto:
Sent: Sunday, November 20, 2016 10:49 PM
To: CouncilMembers; deaniorfida@a niagarafalls.ca; Ken Todd; Pierre Merola
Subject: Fwd: 4711 Zimerman Av
Dear Mayor and Members of Council,
My name is Peter Merola, I am not satisfied with Mr. Alex Herlovitch's response below. There is clearly a City
By-Law and I am asking for it to be enforced. I would like a response from the members of council as to how
you can address this issue.
The following is a short summary of events that have occurred.
June 9 - 2015 at 9:15am
I spoke with Sarah Conidi at the Mayors Office. I asked to speak to the mayor about this issue. She took me to
see Mr. Jeff Menard who is in charge of Property Standards and By-Law.
June 23 - 2015 at 10:15am
Mr. Jamie Ceituinara, Property Standards Officer came to see the problem and asked me to send him the photos
to his e-mail.
June 26 - 2015 at 2:30pm (Friday)
Mayor Jim Diodati called me and told me he had a meeting with staff and that I was right that a By-Law in
2004 was found that people cannot block drains, change grade, and must have a grate on drains. I was assured
the City would give some time to fix the issue. I was told if it was not done by a certain time the City would do
it and put the cost on their taxes.
February 4 - 2016 at 9:30am
3
By-Law had laid charges due to the infractions; however, The court withdrew the case because the Canadian
Nail Academy is not the registered owner of the property. On the way out of the Courthouse Mr. Jamie
Cerminara told me that today he would go charge the registered owner Mio Yan.
I went to see Mr. Jeff Menard at 9:45am and he told me that today the registered owner would be charged. On
July 21, 2016 I still had not heard from anyone and spoke with Mr. Wayne Thompson who told me he would
look into the issue.
This issue should have been resolved months ago. I am extremely dissatisfied with Mr. Herlovitch's response
and would like some action taken. I can be reached anytime be email, or phone at
Thank you in advance for your assistance in this matter.
Peter Merola
Forwarded message
From: Alex Herlovitch <aherlovitch@niagarafalls.ca>
Date: Wed, Nov 16, 2016 at 5:42 PM
Subject: RE: 4711 Zimerman Av
To: Pierre Mer <l
Cc: Geoff Holman <ghotma. aniag uatalls.ca>, Wayne Thomson<wthomson@niagarafalls.ca>
Dear Mr. Merola
This is a follow-up to our discussion approximately a month ago and your subsequent conversations with Mr.
Holman. I apologize for the length of time it has taken for a response. I have discussed the matter with those
who have been involved in the past and have reviewed the correspondence in the file.
The alleged flooding of the right-of-way which provides access to your parking pad provides an interesting
situation. While you showed me photographs of water on the ground in the area between where you park your
car and your house, you told me that the water seeps into the ground within a few hours after a rain event. This
would not constitute ponding of water to satisfy the intent of the City's regulatory by-law for standards of
maintenance and occupancy of property. Ponding water would be water which is standing for longer durations
of time (perhaps days to weeks of time).
4
With regard to the previous charge rendered by the City against the owner, this charge was dismissed due to
an error in filing (wrong ownership cited). Unfortunately, the period for the statute of limitations has now expired
and it is not possible to refile on this same event. Since that time, both I and my Property Standards Officer
have attended the site during or following a rain fall and have not found an accumulation of water to be
present. When I attended the site during a day of rain within the last few weeks, I did observe a puddle of water
at the lowest point of the property but it was not of a size or extent which would impede access for you to reach
your vehicle. The next day the water was gone. Therefore, no ponding was present.
I agree with you that the catch basin is higher than the lowest point of the land which would logically preclude
water from entering the catch basin until it rose to a higher level. Nonetheless, this is a private sewer on private
property.
While you cite that the owner has raised the grade and filled a small trench, this work affects her own land. You
told me that water which drains from this area does not accumulate on your property. You have a right-of-way
across her property. If you believe an accumulation of water on her property hampers you from accessing your
parking space, it is a civil matter. Therefore, it is something you should discuss with your lawyer who will
determine whether there is a remedy in law which he could then undertake for you.
I am sorry that this is not the answer you seek, but City staff have attended the property on several occasions,
we have not witnessed ponding of water; therefore, there is no evidence to warrant a charge under the
Property Standards By-law. If you feel your right-of-way is impeded, it is a civil case. This is the best advice I
can give. Our Property Standards file on this complaint is now closed.
Sincerely
Alex Herlovitch
Alex Herlovitch, MCIP, RPP
Director of Planning, Building & Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
P: 905-356-7521, ext 4231
aherlovitchr7a niagarafalls.ca
5
From: Geoff Holman
Sent: Monday, November 14, 2016 1:31 PM
To: 'Pierre Mer'
Cc: Alex Herlovitch
Subject: RE: 4711 Zimerman Av
Hi Peter,
Thanks for the follow up. As discussed I have followed up with Planning staff and Alex Herlovitch will be sending you a
letter shortly.
Geoff
From: Pierre Mer
Sent: Thursday, November 10, 2016 4:05 PM
To: Geoff Holman
Subject: 4711 Zimerman Av
Hi Geoff,
Thank you for having a conversation with me on October 19. I'm just wondering if there is any update on the
issue I'm having at the back of my property. As a reminder the owner at 4711 Zimerman has changed the grade
and elevation of the catch basin, eliminating the swail and the drain inside the swail at the back of my property.
This has caused there to be no drainage in the entire lot and I'm concerned with the weather changing and winter
coming. Are we able to have this issue fixed before the rain, snow and ice starts to build up?
Thanks,
Peter Merola
6
,max:
CITY OF=�_ CANADA
N14G44 A F
The City of Niagara Falls, Ontario
Resolution
No.
Moved by:
Seconded by:
WHEREAS Niagara Falls City Council formally received a report on the November 22,
2016 agenda from the Ombudsman of Ontario regarding a closed meeting investigation
of the February 10, 2015 In Camera meeting; and
WHEREAS one of the issues raised in the Ombudsman's report is whether Council
committed $10 million towards a proposed partnership with a post-secondary institution;
and
WHEREAS according to the Ombudsman's report, the majority of Council and staff
interviewed did not believe that the Council was committing $10 million on February 10,
2015.
THEREFORE BE IT RESOLVED that Niagara Falls City Council indicates that it did not
formally commit $10 million under the FedDev application, as part of a proposed
partnership with Ryerson University; and
FURTHER BE IT RESOLVED that any future partnership proposals that require the
commitment of taxpayers money be debated in an open Council meeting.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA JAMES M. DIODATI
CITY CLERK MAYOR
CITY OF NIAGARA FALLS
By-law No. 2016-
A by-law to amend By-law No. 2013-26 which amended By-law No. 79-200, to remove the
holding symbol (H) on the Lands shown as Part 3 on Schedule 1, to permit the use of the Lands
for parking (AM-2012-002).
WHEREAS By-law No. 2013-26 includes land use holding prohibitions that have the effect of
zoning the lands GC(H)-1007;
AND WHEREAS the lands that are the subject of and affected by the provisions of this by-law
are described as Part 3 in Schedule 1 of this by-law and shall be referred to in this by-law as the
"Lands". Schedule 1 is a part of this by-law;
AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set
out in By-law No. 2013-26 on the Lands, to have the effect of zoning the Lands GC-1007;
AND WHEREAS the purpose of this by-law is to amend By-law No. 2013-26 such that the
provisions of By-law No. 2013-26 concerning the permitted uses and governing regulations for
the Lands will be of full force and effect from the date of this by-law;
AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the
holding provisions of By-law No. 2013-26 with respect to the Lands, has been achieved and that
the condition required for the removal of the holding provisions of By-law No. 2013-26 has been
fulfilled;
AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls
that the holding provisions of By-law No. 2013-26 would be removed and the permitted uses
and regulations set out in the by-law would be implemented once the condition set out in By-law
No. 2013-26 had been fulfilled;
AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with
subsection 36(4) of the Planning Act, R.S.O. 1990, c. P.13.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS
FOLLOWS:
1. The holding provisions of By-law No. 2013-26 are hereby declared to be of no force and
effect on the Lands, shown as Part 3 on Schedule 1, attached to and forming part of this
by-law.
2. The holding symbol (H) is hereby removed from the zoning designation of the Lands.
3. The balance of By-law No. 2013-26 is hereby declared to be in full force and effect on
the Lands.
Passed this thirteenth day of December, 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 13, 2016
Second Reading: December 13, 2016
Third Reading: December 13, 2016
S:\ZONINGIAMS\20121By-Taws\Byam002.docx
SCHEDULE 1
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CITY OF NIAGARA FALLS
By-law No. 2016-
A by-law to establish and regulate a Fire Department.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that
sections 8 and 11 shall be interpreted broadly so as to confer broad authority on
municipalities to: (a) enable municipalities to govern their affairs as they consider
appropriate; and (b) enhance their ability to respond to municipal issues;
AND WHEREAS the Fire Protection and Prevention Act (FPPA) 1997, S.O., c4, as it
determines may be necessary in accordance with its needs and circumstances;
AND WHEREAS the FPPA permits a municipality, in discharging these responsibilities,
to establish a fire department;
AND WHEREAS the FPPA permits a Council of a municipality to establish, maintain
and operate a fire department for all or any part of the municipality;
AND WHEREAS the FPPA requires a municipality that establishes a fire department to
provide fire suppression services and permits the fire department to provide other Fire
Protection Services in the municipality;
AND WHEREAS the FPPA requires a municipality that establishes a Fire Department to
appoint a Fire Chief;
AND WHEREAS the FPPA authorizes a council of a municipality to pass by-laws under
the FPPA to regulate fire prevention, to regulate the setting of open air fires and to
designate private roads as fire routes.
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
Definitions
1. In this by-law:
(a) "Approved" means approved by Council;
(b) "Automatic Aid" means any agreement under which a municipality agrees
to provide an initial response to fires, rescues and emergencies that may
occur in a part of another municipality where a fire department is capable
of responding more quickly than any fire department situated in the other
municipality; or a municipality agrees to provide a supplemental response
to fires, rescues and emergencies that may occur in a part of another
municipality where a fire department in the municipality is capable of
providing the quickest supplemental response to fires, rescues and
emergencies occurring in the part of another municipality;
(c) "CAO" means the Chief Administrative Officer appointed by Council to act
as the Chief Administrative Officer for the Corporation;
(d) "Chief Fire Official" shall mean the Assistant to the Fire Marshal who is the
Municipal Fire Chief or a member or members of the Fire Department
appointed by the Fire Marshal under the FPPA;
(e) "Collective Agreement" means an Agreement between the Corporation
and the full time Firefighter's Association made under the provisions of the
FPPA;
(f) "Confined Space" means any space that is fully or partially enclosed:
(i) that is not both designed and constructed for continuous
human occupancy; and
(ii) in which atmospheric hazards may occur because of its
construction, location or contents or because of work that is
done in it (i.e., tanks, vessels, silos, storage bins, hoppers,
vaults, trenches, excavations and pits);
(g) "Corporation" means the Corporation of the City of Niagara Falls;
(h) "Council" means the Council of the Corporation of the City of Niagara
Falls;
(i) "Deputy Fire Chief" means the person appointed by Council to act on
behalf of the Fire Chief in the case of an absence or a vacancy in the
office of the Fire Chief;
(j) "Community Control Group" means designated senior officials who
coordinate and deploy resources to mitigate the impact of a municipal or
other large-scale emergency incident;
(k) "Department" means the Niagara Falls Fire Department;
(I) "District" means a predetermined firefighting station comprised of a District
Chief, District Deputy Chief, Captains and firefighters in such numbers as
may be needed in an area, as determined by Council on the
recommendation of the Fire Chief;
(m) "Division" means a division of the Fire Department, as provided for in this
by-law;
(n) "Emergency Management Program Committee" means the group of
municipal officials that are responsible to ensure that local programs and
committees are developed, as required, to enable the emergency
management process in accordance with the requirements of the
Emergency Management and Civil Protection Act, R.S.O. 1990, c.E.9;
(o) "Fire Chief" means the person appointed by Council to act as Fire Chief
for the Corporation and is ultimately responsible to Council as defined in
the FPPA;
(p) "Fire Coordinator" means the person appointed by the Fire Marshal, under
the authority of the FPPA, to coordinate the Mutual Aid plan, or the person
appointed by the Fire Marshal to act in the absence of the Fire
Coordinator;
(q) "Fire Department" means the City of Niagara Falls Fire Department (also
referred to as Fire and Emergency Services, or Fire and Rescue);
(r) "Firefighter's Association" means Local 528 of the International
Association of Firefighters (IAFF);
(s) "FPPA" means the Fire Protection and Prevention Act, 1997, S.O., c4, as
may be amended from time to time, or any successor legislation, and any
regulation made thereunder;
(t) "Fire Protection Agreement" is a contract between municipalities, other
agencies, individuals, or a company that clearly defines the
responsibilities, terms, conditions, and all other aspects of the fire services
purchased, provided and/or required;
(u) "Fire Protection Services" includes fire suppression, fire prevention, fire
safety education, communications and support services, training of
persons involved in the provision of Fire Protection Services, rescue and
emergency services and the delivery of all those services;
(v) "Member" means any defined Firefighter or Officer, as per the FPPA,
and/or any person employed in, or appointed to, the Fire Department and
assigned to undertake Fire Protection Services;
(w) "Mutual Aid" means a program to provide/receive assistance in the case of
a major emergency in a municipality, community or area where resources
in a municipality, community or area have been depleted, but does not
include Automatic Aid;
(x) "Officer" means any Member with the rank of Captain or higher;
(y) "Technical Rescue" shall mean rescue response to high angle/low angle
rope rescue, open or Confined Space, ice/water rescue (land-based entry
level), auto extrication, hazardous materials response (Technician level) in
accordance with available resources;
2. Establishment
2.1 A department for the City of Niagara Falls, to be known as the Niagara
Falls Fire Department, is hereby established and continued under this by-
law and the head of this Department shall be known as the Fire Chief.
2.2 This department shall be responsible for the coordination of all fire and
emergency service activities within the City of Niagara Falls and any such
areas as indicated by Automatic Aid agreements;
3. Composition
3.1 The Fire Department shall consist of the Fire Chief, Deputy Fire Chiefs,
senior divisional Officers, district and/or platoon chiefs, captains, other
Officers, administrative support staff and any other person(s) as may be
authorized or considered necessary from time to time by Council, or by the
CAO, on recommendation from the Fire Chief, for the Fire Department to
perform Fire Protection Services.
3.2 The Fire Chief shall be appointed by by-law of the Council of the City of
Niagara Falls.
4. Employment
4.1 The Fire Chief may recommend for appointment any qualified person, as a
member of the Department, if the position is authorized by Council and is
subject to the approved hiring policies of the Corporation.
4.2 A person appointed as a member of the Department shall be on probation
for a minimum of twelve (12) months, during which time he/she shall take
such special training and examinations as may be required by the Fire
Chief.
4.3 Any probationary member may be discharged for any just cause upon
recommendation by the Fire Chief.
4.4 All recommendations for appointments, promotions, and demotions will be
reported to the CAO by the Fire Chief.
4.5 The remuneration of all members of the Department shall be determined
by Council or other administrative and legal process, as appropriate.
5. Terms and Conditions of Employment
5.1 Subject to the FPPA and applicable Collective Agreement(s), the
remuneration and other terms and conditions of employment of the
members and administrative support staff that comprise the Fire
Department shall be determined by Council, or by the CAO, acting in
accordance with policies and programs established or approved by
Council.
6. Organization
6.1 The Fire Department shall be organized into Divisions such as
Administration, Emergency Operations, Communications, Training, Fire
Prevention and Public Education.
6.2 The Fire Chief, with prior approval of the CAO, may reorganize or
eliminate Divisions or establish other Divisions or may do all or any of
these things or any combination of them as may be required to ensure the
proper administration and efficient operation of the Fire Department and
the effective management of Fire Protection Services for the Corporation.
6.3 The Fire Chief may assign or reassign such members to a Division to
assist him in the administration and operation of that Division.
7. Core Services
7.1 The core services of the Fire Department shall be those contained in
Schedule "A" to this by-law.
7.2 Nothing in this by-law will restrict the Fire Department to providing only
core services or limit the provision of Fire Protection Services.
8. Level of Service
8.1 It is understood that there are full time response areas and volunteer
response areas designated within the City of Niagara Falls. The
differences in full time/volunteer response capabilities, areas with or
without municipal water supply, weather conditions and systems integrity,
will likely result in varied levels of service for persons and property
throughout the City, as referenced in the Fire Underwriter's Survey Report
for Niagara Falls, 2016.
8.2 It is also understood that the service level goals are predicated on an
available full alarm assignment responding from assigned stations, without
concurrent emergencies, or impeded response routes. All attempts will be
made to minimize delays that occur.
9. Responsibilities and Authority of Fire Chief
9.1 The Fire Chief shall be the head of the Fire Department and is ultimately
responsible to Council, through the CAO, for the proper administration and
operation of the Fire Department, including the delivery of Fire Protection
Services.
9.2 The Fire Chief shall be a fully contributing member of the Corporation's
Senior Management team, reporting to the CAO, and will perform the
duties of the Community Emergency Measures Coordinator within the City
of Niagara Falls Community Control Group, as required.
9.3 The Fire Chief shall be authorized to make such general orders, policies,
procedures, rules and regulations and to take such other measures as the
Fire Chief may consider necessary for the proper administration and
efficient operation of the Fire Department and the effective management
of Fire Protection Services for the Corporation and for the prevention,
control and extinguishment of fires, the protection of life and property and
the management of emergencies and without restricting the generality of
the foregoing:
(a) for the care and protection of all property belonging to the Fire
Department;
(b) for arranging for the provision and allotment of strategic staffing and
proper facilities, apparatus, equipment, materials, services and
supplies for the Fire Department;
(c) for arranging and implementation of Automatic Aid, Mutual Aid and
other negotiated fire protection and emergency service agreements
within the Corporation's borders and/or within the municipal borders
of adjoining municipalities;
(d) for determining and establishing the qualification and criteria for
employment or appointment and the duties of all members and
administrative support staff of the Fire Department;
(e) for the conduct and the discipline of members and administrative
support staff of the Fire Department;
(f) for preparing and, upon approval by Council, implementing and
maintaining a departmental fire service plan and program for the
Corporation;
(g) for assistance, as a contributing member of the Emergency
Management Committee, in the preparation, implementation and
maintenance of any emergency plans, organizations, services or
measures established or to be established by the Corporation;
(h) for reporting to the appropriate crown attorney or other prosecutor
or law enforcement officer, or other officer, the facts upon the
evidence in any case in which there is reason to believe that a fire
has been the result of criminal intent or negligence or in which there
is reason to believe an offence has been committed under the
FPPA;
(i) for keeping an accurate record, in convenient form for reference, of
all fires, rescues and emergencies responded to by the Fire
Department and reporting of same to the Office of the Fire Marshal
and Emergency Management;
(j) for keeping such other records as may be required by Council, the
Corporation and the FPPA;
(k) for preparing and presenting annual reports of the Fire Department
to Council;
(I) for preparing and presenting the annual estimates of the Fire
Department to the Budget Committee of the Corporation and
Council and for exercising control over the budget approved by
Council for the Fire Department provided that such general orders,
policies, procedures, rules, regulations and other measures do not
conflict with the provisions of this by-law or any other by-law of the
Corporation including, without limitation, those requiring the prior
approval of, or notice to, Council or the satisfaction of certain
conditions, general or otherwise, specified by Council before such
measures can be implemented, or with the provisions of the FPPA
or with the provisions of any collective agreement or other written
agreement that may be applicable.
9.4 The Fire Chief shall be responsible for the administration and enforcement
of this by-law and all general orders, policies, procedures, rules and
regulations made under this by-law and for the enforcement of any other
by-laws of the Corporation respecting Fire Protection Services, and shall
review periodically such by-laws, including this by-law, recommend to
Council such amendments as the Fire Chief considers appropriate and, in
the case of general orders, policies, procedures, rules, and regulations
made under this by-law, revise or terminate any of them if the Fire Chief
considers it appropriate.
9.5 The Fire Chief shall have all powers, rights, and duties assigned to a Fire
Chief under the FPPA including, without limitation, the authority to enforce
compliance with the Fire Code. Further, the Fire Chief shall be afforded
the ability to take all proper measures for the prevention, control and
extinguishment of fires and for the protection of life and property and shall
be able to enforce all municipal by-laws respecting fire prevention.
9.6 The Fire Chief may liaise with any union representing firefighters.
9.7 The Fire Chief may liaise with the Office of the Fire Marshal and
Emergency Management of Ontario and any other office or organization
(local, regional, provincial or federal) as required by Council, or as
considered necessary or advisable by the Fire Chief, for the proper
administration and efficient operation of the Fire Department and the
effective management of Fire Protection Services for the Corporation.
9.8 The Fire Chief is authorized to contribute to, and assist in, the formulation
of Mutual Aid, Automatic Aid and emergency service agreements or
response plans with other emergency response agencies and, further, is
authorized by Council to perform the duties of Regional Fire Coordinator
as required.
9.9 The Fire Chief shall have the authority, in the absence of adequate police
assistance, to regulate or prohibit vehicular traffic in the vicinity of an
emergency scene or training session.
9.10 The Fire Chief shall have the authority to move privately-owned vehicles,
by the most expeditious means possible, to gain access to the site of an
emergency or for the purpose of controlling an emergency situation.
9.11 The Fire Chief may utilize such members and administrative support staff
of the Fire Department as the Fire Chief may determine, from time to time,
to assist in the performance of his duties and/or perform the role as
required of a Chief Fire Official or other designate in such a manner as to
include, but not be limited to, the following;
(a) Provide administrative support and customer assistance for
facilities and services provided by the Fire Department;
(b) Prepare Divisional and overall Departmental budget(s) and
exercise budgetary control;
(c) Prepare the payroll data of the Department, as required, to initiate
requisitions and acquire materials and services and certify all
accounts of the Department;
(d) Maintain personnel records, as required, in conjunction with the
direction of the Corporation's Human Resources Division;
(e) Arrange for the provision of new facilities, equipment, and
apparatus;
(f) Carry out the general administrative duties of the Fire Department;
(g) Liaise with the local firefighters' union and/or association(s);
(h) Liaise with other emergency response and safety agencies;
(i) Liaise with other divisions within the Corporation and participate on
committees or be involved in functions as required;
0) Provide emergency communications/dispatch, firefighting and
emergency response duties and/or assist at emergency or life
supporting incidents, as required by the Fire Chief, to prevent,
control and extinguish fires, and further prevent fire and life safety
tragedy;
(k) Conduct investigations of fires by Fire Department personnel, in
concert with Investigators of the Office of the Fire Marshal and
Emergency Management and the Niagara Regional Police Service,
or other allied agencies, in order to determine cause, origin, and
circumstances of a fire incident;
(I) Perform technical emergency and/or rescue response such as
vehicle/auto/machinery extrication, land-based static water/ice
rescue, hazardous materials response (Technician Level), high/low
angle rope and Confined Space rescue, render emergency patient
care and other life saving measures as per Fire Department
policies;
(m) Conduct, facilitate and participate in training at fire stations or other
approved sites and keep clear and concise records of said training;
(n) Research and/or develop new technologies and strategies to
maintain safe operating efficiency and effectiveness in emergency
or routine operations;
(o) Prepare and conduct examinations of Fire Department staff
members as required;
(p) Conduct in-service fire prevention audits, visits, inspections and/or
other pre-planning familiarization inspections of premises and
occupancies on a complaint, request or proactive basis as required;
(q) Enforce all legislation pertaining to fire prevention and the Ontario
Fire Code and respond to all fire and life safety complaints and/or
concerns as appropriate;
(r) Provide fire and life safety education and distribution of educational
materials as appropriate;
(s) Perform apparatus and equipment maintenance cleaning, checks,
inspection and testing at stations, or other, as required;
(t) Coordinate and address joint health and other safety issues,
between other departments within the Corporation and the Fire
Department, and within the Department itself;
(u) Ensure the Joint Health and Safety Committee performs, meets,
and provides, recommendations to Administration as required by
legislation and, further, that all staff conform and abide by safety
practices to ensure a safe workplace;
(v) Prepare statistical data or other analysis reports as required;
(w) Assist in the preparation and implementation of Departmental
emergency plans and contingencies in conjunction with the
Corporation's Emergency Plan;
(x) Perform other duties, as assigned, and comply with all other
requirements of the job description and abide by all orders, policies,
procedures, rules and regulations, as provided.
10. Supervision - General Duties and Responsibilities
10.1 The Deputy Fire Chief(s) shall be the second ranking Officer of the Fire
Department and shall be subject to, and shall obey all orders of, the Fire
Chief and shall perform such duties as are assigned to him or her by the
Fire Chief and shall act on behalf of the Fire Chief in case of absence or
vacancy in the office of Fire Chief;
10.2 The members and administrative support of the Fire Department, while on
duty, shall be under the direction and control of the Fire Chief or the next
ranking officer present in any place;
10.3 When the Fire Chief designates a member to act in place of an Officer in
the Fire Department, such member, when so acting, has all the powers
and shall perform all the duties of the Officer replaced;
10.4 The Fire Chief, and all other Officers of the Department, shall protect and
guard all property entrusted to their care, and the Chief, all Officers and all
members, insofar as lies in their power, shall take proper measures to
protect all members of the Fire Department from accident, injury or death
as a result of duty;
10.5 All matters pertaining to, or affecting, the Fire Department proposed or
contemplated by staff members, must be submitted to the Fire Chief
before any action is taken, and staff members are strictly forbidden to take
any part in any proposition contemplating any effect, directly or indirectly,
upon the Niagara Falls Fire Department or its operation, except after
consultation with the Fire Chief;
10.6 Every member and administrative support staff person shall conduct
themselves in accordance with the general orders, policies, procedures,
rules and regulations made by the Fire Chief and shall give their whole
and undivided attention while on duty to the efficient operation of the Fire
Department and shall perform the duties assigned to them to the best of
their ability, in accordance with the FPPA, and any collective agreement or
other written agreement that may be applicable;
10.7 The Fire Chief may reprimand or suspend any member of the Fire
Department for insubordination, inefficiency, misconduct, tardiness, or for
non-compliance with any of the provisions of this by-law, departmental
policies or procedures, guidelines or the general orders and departmental
rules that, in the opinion of the Fire Chief, would be detrimental to the
discipline and efficiency of the Fire Department. The Fire Chief shall
submit a report to the Director of Human Resources regarding the
reprimand or suspension handed out to the staff member. Any such
disciplinary action for full time staff shall be in accordance with the
Disciplinary Procedures as outlined in the City of Niagara Falls policies
unless otherwise governed by the Collective Agreement between the City
of Niagara Falls and the Niagara Falls Professional Firefighters
Association.
11. Property
11.1 No person shall normally supply any apparatus, equipment or other
property of the Fire Department for any personal or private use without the
express permission of the Fire Chief;
11.2 No person shall willfully damage or render ineffective or inoperative any
apparatus, equipment or other property belonging to, or used by, the Fire
Department, or any emergency vehicle of a public safety agency engaged
by the Fire Department to attend to a fire or emergency incident within the
municipality.
12. Fire Suppression
12.1 The Fire Department may suppress any fire, or other hazardous condition,
by extinguishing it or by other reasonable action and, for this purpose,
may enter private property in accordance with the FPPA, if necessary, to
do so;
12.2 The Fire Department may demolish any building or structure, or portion
thereof, when considered necessary to prevent the spread of fire;
12.3 The Fire Department may request other appropriate persons or agencies
present at a fire to assist in extinguishing fires, pulling down or
demolishing buildings or structures to prevent the spread of fire, initiate
crowd and traffic control or suppression of fires or other hazardous
conditions in other reasonable ways.
12.4 This section 12 shall not be read so as to imply any intention on the part of
the City of Niagara Falls to, in any way, circumscribe the powers available
to a municipal Fire Department at common law and under the Fire Code
and the FPPA.
13. Refusal to Leave
13.1 No person present at a fire shall refuse to leave the immediate vicinity
when required to do so by the Fire Department or the Niagara Regional
Police Service.
14. Conduct at Emergency Incidents
14.1 During an emergency incident and until the location and vicinity are
rendered safe, no person, either on foot or with a vehicle of any kind, shall
enter or remain upon or within;
(a) the portion of any street or lane upon which the site of the incident
abuts, or upon any street or lane for a distance of fifteen (15)
metres on each side of the incident property or;
(b) any additional street or lane, or part of a street, or any additional
limits in the vicinity of the incident, as may be prescribed by the Fire
Chief or the next ranking Officer present at the emergency incident;
14.2 The provisions of section 13.1.(a) shall not apply to a resident of any
street or lane or within any prescribed additional limit or to any person so
authorized to enter or remain by an Officer of the Fire Department or by a
Niagara Regional Police officer.
15. Recovery of Costs - Additional Expenses
15.1 The Fire Chief may require occupancy owners, or persons within or
outside the municipality, to pay costs or fees for fire and emergency
response or other administrative services provided to them. Invoicing for
response services or recovery of fees will be conducted in accordance
with the Corporation's Fees By-law, as amended from time to time;
15.2 If, as a result of a Fire Department response to a fire or emergency
incident, the Fire Chief or his designate determines that it is necessary to
incur additional expenses, retain a private contractor, rent special
equipment not normally carried on a fire apparatus, or use more materials
than are carried on a fire apparatus (the "Additional Service") in order to
suppress or extinguish a fire, preserve property, prevent a fire from
spreading, control and eliminate an emergency, carry out or prevent
damage to equipment owned by or contracted to the Corporation, assist in
or otherwise conduct fire cause investigation or determination or otherwise
carry out the duties and functions of the Fire Department and/or to
generally make "safe" an incident or property, the owner of the property
requiring or causing the need for the Additional Service or expense shall
be charged the full costs to provide the Additional Service including all
applicable taxes. Property shall mean personal and real property.
15.3 The Fire Chief shall have the authority to charge for service delivered by
the Department to individuals, companies or corporations when, in the
opinion of the Fire Chief, the service is not a normal function of the
Department, the costs are incurred by a person, company or corporation
not appearing on the local tax roll or are a result of repeated false alarms
due to fire alarm equipment malfunction. The charges shall be set out in
the Corporation's Fees By-law.
16 Emergency Responses Outside Limits of Municipality
16.1 The Fire Department shall not respond to a call with respect to a fire or an
emergency incident outside the limits of the municipality except with
respect to a fire or an emergency;
(a) that, in the opinion of the Fire Chief, threatens property in the
municipality or property situated outside the municipality that is
owned or occupied by the municipality;
(b) in a municipality with which an agreement has been entered into to
provide fire protection and emergency services activities;
(c) on property with respect to which an agreement has been entered
into with any person or corporation to provide fire protection and
emergency services activities therefore;
(d) at the discretion of the Fire Chief, to a municipality authorized to
participate in the Regional Mutual Aid plan established by a Fire
Coordinator appointed by the Ontario Fire Marshal, emergency fire
service plan and program or any other organized plan or program
on a reciprocal basis;
(e) on those highways that are under the jurisdiction of the Ministry of
Transportation or other agency within the City of Niagara Falls;
(f) on property beyond the municipal boundary where the Fire Chief or
his designate determines that immediate action is necessary to
preserve and protect life and/or property and the correct
department is notified to respond and/or assumes command or
establishes alternative measures acceptable to the Fire Chief or
designate;
(g) during a response due to a request for special assistance as
required through a declaration of a provincial or federal emergency
and such request has been approved by the Fire Chief, the CAO
and the Head of Council.
17. Interference
17.1 No person shall impede or interfere with, or hinder, the Fire Department in
the performance of its duties.
18. Fire Alarm
18,1 No person shall prevent, obstruct, or interfere in any manner whatsoever
with the communication of a fire alarm to the Fire Department or with the
Fire Department responding to a fire alarm that has been activated.
19. Conflict
19.1 Where this by-law may conflict with any other by-law of the Corporation,
this by-law shall supersede and prevail over that other by-law to the extent
of the conflict.
20. Short Title
20.1 This by-law shall be known as the Fire Department Establishing and
Regulating By-law.
21. Penalty
21.1 Any person who violates any provisions of this by-law is, upon conviction,
guilty of an offence and shall be liable to a fine, subject to the provisions of
the Provincial Offences Act, R.S.O. 1990, c. P33, as amended.
22. Repeal of By-laws
22.1 By-laws No. 6683, 1964, 70-106, 71-200, 75-50 and 86-67.are hereby
repealed.
23. Effect
23.1 This by-law shall come into force and effect on the day it is passed.
Passed this day of , 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: , 2016.
Second Reading: , 2016.
Third Reading: , 2016.
Schedule "A" to By-law No. 2016-
Fire Suppression and Emergency Response
1. Fire suppression services shall be delivered in both an offensive and defensive
mode and shall include search and rescue operations, forcible entry, ventilation,
protecting exposures, salvage and overhaul as appropriate.
2. Emergency pre-hospital care responses and medical acts or other first aid/CPR
services shall be maintained as per local protocol as appropriate and instituted
as per the latest Emergency Services Agreement (tiered response agreement)
and appropriate to the needs of the municipality as recommended by the Fire
Chief and as agreed.
3. Technical and/or rescue response services shall include performing automobile
and/or equipment extrication using hand tools, air bags, and heavy hydraulic
tools, as required, and water/ice rescue (land based, in water, boat), high
angle/low angle rope and confined space rescue (operations/limited technical
level), and hazardous materials response (operational/technical level hazardous
materials response), in accordance with available resources.
4. Other technical rescues (such as HUSAR, trench rescue, etc.) or incidents, to
which the Fire Department has been summoned, shall be limited to the skills and
abilities of firefighters on scene. Notwithstanding, the Niagara Falls Fire
Department may contract other agencies to provide this service in an emergency
incident.
5. Emergency scene risk management will apply. If, in the opinion of the Fire Chief
or his/her designate, unsafe environmental conditions result in unacceptable
risks to responders, any or all services may be withheld.
6. The Niagara Falls Fire Department may participate in Mutual Aid, Automatic Aid,
fire protection agreements, joint service agreements and participate in the
community emergency plan.
Training
NFPA Standards for firefighters and Officers, International Fire Service Training
Association "Essentials of Firefighting" and other related industry training standards and
reference materials may be used as reference guides for Niagara Falls Fire Department
training, as approved by the Fire Chief. All training will comply with the Occupational
Health and Safety Act and applicable provincial legislation.
Fire Prevention
1. Inspections arising from complaint, request, retrofit, or self-initiated, and fire
investigations shall be provided in accordance with the FPPA and policies of the
Fire Prevention Division.
2. The Ontario Fire Service Standard for Fire Prevention Officers and the Ministry of
Municipal Affairs Standards shall be used as a reference guide for fire prevention
training.
Fire and Life Safety Education
1. Distribution of fire and life safety information and public education programs shall
be administered in accordance with the FPPA and policies of the Department's
Fire Prevention Division.
2. A residential home fire safety and smoke alarm awareness program shall be
ongoing.
3. Smoke alarms for residential occupancies shall be provided to those in need and
as funding permits.
Emergency Dispatch and Communications
1. The NFPA 1061: Professional Qualifications for Public Safety
Telecommunications Personnel, 2014 Edition, shall be used as a reference guide
for emergency dispatching and communications/
2. The Communications Division will provide emergency call taking and dispatching
of emergency vehicles as appropriate. This service may be provided to other
municipalities, or by other municipalities, in the event of Mutual Aid assistance.
CITY OF NIAGARA FALLS
By-law No. 2016 -
A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as
fire routes along which no parking of vehicles shall be permitted.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. By-law No. 80-114 is amended by deleting Schedule "A" and Schedule "A"
attached hereto shall be inserted in lieu thereof.
2. By-law No. 80-114 is amended by adding Schedule "B-93" attached hereto.
Passed this thirteenth day of December, 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 13, 2016.
Second Reading: December 13, 2016.
Third Reading: December 13, 2016.
SCHEDULE "A"
COLUMN 1 COLUMN 2 COLUMN 3
SITE LOCATION SCHEDULE "B"
NUMBER
Thorold Stone Mall 6161 Thorold Stone Road Schedule "B-1"
Stamford Green Plaza Portage Road Schedule "B-2"
Town & Country Plaza 3648 Portage Road Schedule "B-3"
Drummond Square Drummond Road Schedule "B-4"
Towers Plaza Morrison Street Schedule "B-5"
Lundy's Lane Plaza 6460 Lundy's Lane Schedule "B-6"
Niagara Square 7555 Montrose Road Schedule "B-7"
Finbows Plaza 6734 Lundy's Lane Schedule "B-8"
Electronic Supermarket 6282 Lundy's Lane Schedule "B-9"
Southway Plaza Drummond and Dunn Schedule "B-10"
Skylon Tower 5200 Robinson Street Schedule "B-11"
Pyramid Place 5400 Robinson Street Schedule "B-12"
Maple Leaf Village Falls Avenue (Oneida Lane) Schedule "B-13"
Canadian Tire 6840 McLeod Road Schedule "B-14"
Y.M.C.A. 4261 Fourth Avenue Schedule "B-15"
Summerlea Acres 6767 Thorold Stone Road Schedule "B-16"
Stamford Collegiate Drummond Road and Leonard Schedule "B-17"
Avenue
Victoria Meadows Townhomes Monastery Drive Schedule "B-18"
Niagara South Condominium Kalar Road and Coventry Road Schedule "B-19"
Corporation No. 21
YWCA Residential Complex Ailanthus Avenue Schedule "B-20"
Niagara Crossing Factory Oakwood Drive Schedule "B-21"
Stores
St. Paul Driving Range St. Paul Avenue Schedule "B-22"
SCHEDULE "A"
COLUMN 1 COLUMN 2 COLUMN 3
SITE LOCATION SCHEDULE "B"
NUMBER
Brockway Business Centre Montrose and Thorold Stone Schedule "B-23"
Roads
Niagara South Condominium 5100 Dorchester Road Schedule "B-24"
No. 28
Niagara South Condominium 5150 Dorchester Road Schedule "B-25"
No. 19
Brookside Village Co-Operative 8175 McLeod Road Schedule "B-26"
Homes Inc.
Niagara South Condominium 4230 Meadowvale Drive Schedule "B-27"
Plan No. 43
Factor Forms Niagara Ltd. 8481 Earl Thomas Avenue Schedule "B-28"
Zehrs Markets Morrison Street and Dorchester Schedule "B-29"
Road
Ameri-Cana Resort 8444 Lundy's Lane Schedule "B-30"
Niagara South Condominium 3955 Portage Road Schedule "B-31"
Corporation #2
Kingsbridge Village 3516 Main Street Schedule "B-32"
Non-Profit Housing Corporation 8055 McLeod Road and 8065 Schedule "B-33"
McLeod Road
Pine Meadows Builders 5088 Drummond Road Schedule "B-34"
Townhouse Condominium
Project - 35 Townhouses
21 Unit Townhome Mewburn Road Schedule "B-35"
Development
Niagara South Condominium 6453 Colborne Street and 6476 Schedule "B-36"
Corporation No. 1 Huggins Street
Edscha of Canada 5795 Don Murie Street Schedule "B-37"
First Professional Management 7190 Morrison Street Schedule "B-38"
Inc.
SCHEDULE "A"
COLUMN 1 COLUMN 2 COLUMN 3
SITE LOCATION SCHEDULE "B"
NUMBER
Orchard Grove Estates Magnolia Drive Schedule "B-39"
Extension Access to Lots 30 - 33, 36 - 39,
42 - 45 and 48 - 51
Econo Lodge Hotel 7514 Lundy's Lane Schedule "B-40"
Montrose Gardens Montrose Road Schedule "B-41"
Orlando Drive Condominium 3797 Orlando Drive Schedule "B-42"
Micron Installations 6501 Kister Road Schedule "B-43"
Rosemount Condominium Montrose Road Schedule "B-44"
Mount Carmel Centre Montrose Road Schedule "B-45"
Great Lodge Resort Victoria Avenue at Leader Lane Schedule "B-46"
Burnfield Lane Condominium 3241 Montrose Road Schedule "B-47"
Niagara South Condominium 5200 Dorchester Road Schedule "B-48"
Niagara South Condominium 7001 Casey Street Schedule "B-49"
Corp. #42
Niagara South Condominium 2684 Mewburn Road Schedule "B-50"
Corp. #57
Promenade Condominiums 3300 Montrose Road Schedule "B-51"
Home Depot 7190 Morrison Street Schedule "B-52"
The Courtyard at Meadow 8142 Costabile Drive Schedule "B-53"
Creek
Falls Masonry Ltd. 5595 Drummond Road Schedule "B-54"
Townhouse Condominiums
Feliciano Pingue 6012 Frontenac Street Schedule "B-55"
Proposed Condominium
Feliciano Pingue 6430 Montrose Road Schedule "B-56"
Proposed Condominium
SCHEDULE "A"
COLUMN 1 COLUMN 2 COLUMN 3
SITE LOCATION SCHEDULE "B"
NUMBER
Canada One Factory Outlet 7500 Lundy's Lane Schedule "B-57"
Mall
Niagara South Condominium 3322 Addison Street Schedule "B-58"
Corporation No. 4 - Park Royal
Niagara Catholic District School 3900 Kalar Road Schedule "B-59"
Board - West Niagara Falls
Catholic Elementary School
Secord Mills 8918 Sodom Road Schedule "B-60"
Modern Landfill Inc. 2025 Fruitbelt Parkway Schedule "B-61"
Ashton Heights Condominium Drummond Road and Murray Schedule "B-62"
Street
Courtyard Apartments 4658 Drummond Road Schedule "B-63"
MacBain Community Centre 7150 Montrose Road Schedule "B-64"
Victoria Park Towers 6521 Drummond Road Schedule "B-65"
Imperial Towers 6563 Drummond Road Schedule "B-66"
6390 Huggins Apartments and 6390 and 6400 Huggins Street Schedule "B-67"
6400 Huggins Apartments
Rock Spring Gardens 6334 Desanka Avenue Schedule "B-68"
Condominium
West Meadow Phase II 4399 Montrose Road Schedule "B-69"
Delphina Gardens 6753 O'Neil Street Schedule "B-70"
Adeline Apartments 6420 Montrose Road Schedule "B-71"
Panoramic Properties Inc. 7591 Scholfield Road Schedule "B-72"
1251549 Ontario Limited and
623381 Ontario Inc. 6167-6175-6181 Dorchester Schedule "B-73"
Condominium Road
Omada Homes Inc. 6928 Ailanthus Avenue Schedule "B-74"
SCHEDULE "A"
COLUMN 1 COLUMN 2 COLUMN 3
SITE LOCATION SCHEDULE "B"
NUMBER
Brighton Condominiums 3915 Portage Road Schedule "B-75"
Thundering Waters 6000 Marineland Parkway Schedule "B-76"
Condominiums
Langendoen Homes Ltd. - 2634 St. Paul Avenue Schedule "B-77"
Meadowcreek Homes
Marken Homes 9440 Eagle Ridge Drive Schedule "B-78"
Weinbrenner Place Inc. 3401 - 3421 Weinbrenner Road Schedule "B-79"
Niagara South Standard 6263 Valley Way Schedule "B-80"
Condominium Corporation No.
104 (Valley Way Townhomes)
The Bonnengton Apartments 4218 Portage Road Schedule "B-81"
Frank Costantino Construction 6186 Dorchester Road Schedule "B-82"
Ltd. Condominium
People Movers Bus 8208 Heartland Forest Road Schedule "B-83"
Maintenance and Storage
Facility
Niagara South Condominium 2720 Mewburn Road Schedule "B-84"
Corporation No. 25
(Mount Forest Village)
Niagara South Condominium 4336 Kalar Road Schedule "B-85"
Corporation No. 80
Victoria Woods — Phase 1, 5622 Ironwood Street Schedule "B-86"
Block 98
Optimist Village 7276 Optimist Lane Schedule "B-87"
(Units 1 — 16)
Stamford Village Condominiums 2799 St. Paul Avenue Schedule "B-88"
SCHEDULE "A"
COLUMN 1 COLUMN 2 COLUMN 3
SITE LOCATION SCHEDULE "B"
NUMBER
DMS Property Management 6420 Delta Drive Schedule "B-89"
Victoria Woods —Phase 2 9245 to 9311 Shoveller Drive Schedule "B-90"
Block 97 & Lots 33-37
Olympia Retirement 4644 Pettit Avenue Schedule "B-91"
Condominium
Fallsview Town homes 5820 Robinson Street Schedule "B-92"
(formerly 6158 Main St.)
Smart Townes 7768 Ascot Circle Schedule "B-93"
SCHEDULE "8-93"
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CITY Of.1� w CANADA
�_NIA AG RA FAA-
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2016 -
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited, Limited Parking)
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended
(a) by removing from the specified columns of Schedule C thereto the following
items:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Ernest Crescent South and East Angie Drive and Pauline Drive At All Times
Huron St. North Victoria Ave. and First Ave. At any time
Pauline Drive West Angie Drive and Ernest Crescent At All Times
(b) by adding to the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Ernest Crescent North and West Angie Drive and Pauline Drive At All Times
Lamont Avenue East Mundare Crescent (North Intersection)and At All Times
Mundare Crescent(South Intersection)
Mundare Crescent West Lamont Avenue (North Intersection) and At All Times
Lamont Avenue(South Intersection)
Pauline Drive East Angie Drive and Ernest Crescent At All Times
(c) by adding to the specified columns of Schedule E thereto the following item:
LIMITED PARKING
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
HIGHWAY SIDE BETWEEN TIMES OR DAYS MAXIMUM
PERMITTED PERIOD
Huron Street South First Avenue and a At All Times 2 Hours
point 52 metres east
of First Avenue
This By-law shall come into force when the appropriate signs are installed.
Passed this thirteenth day of December, 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 13,2016
Second Reading: December 13,2016
Third Reading: December 13,2016
CITY OF NIAGARA FALLS
By-law No. 2016 —
A by-law to authorize the execution of an Extension of Agreement with Jim Pattison
Industries Ltd., carrying on business as Pattison Outdoor Advertising, respecting the
extension of an Agreement for the provision and maintenance of bus shelters in Niagara
Falls, together with the installation of advertising thereon.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. An Extension of Agreement dated January 1, 2017, and made between The
Corporation of the City of Niagara Falls as the City, and Jim Pattison Industries
Ltd., carrying on business as Pattison Outdoor Advertising, as Pattison,
respecting the extension of an Agreement for the provision and maintenance of
bus shelters in Niagara Falls, together with the installation of advertising thereon,
for a further term of five years, as attached hereto, is hereby approved and
authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Extension of
Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver
the said Extension of Agreement.
Passed this thirteenth day of December, 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 13, 2016.
Second Reading: December 13, 2016.
Third Reading: December 13, 2016.
THIS EXTENSION OF AGREEMENT made this 1st day of January, 2017.
BETWEEN:
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Hereinafter referred to as the "City"
and
JIM PATTISON INDUSTRIES LTD.
carrying on business as
PATTISON OUTDOOR ADVERTISING
Hereinafter referred to as the "Pattison"
WHEREAS by Agreement dated December 22, 2005, and made between The Greater
Niagara Transit Commission as Niagara Transit, and Pattison Outdoor Advertising, a
division of Jim Pattison Industries Ltd., as Pattison, (the "Original Agreement"), the
parties entered into an agreement for the provision and maintenance of bus shelters in
Niagara Falls, together with the installation of advertising thereon, as more particularly
described in the Original Agreement, for a term of ten years;
AND WHEREAS the Agreement, according to its terms, will expire on December 31,
2016;
AND WHEREAS Pattison wishes to exercise its option to extend the Original
Agreement for an additional five year term commencing January 1, 2017;
AND WHEREAS pursuant to By-law No. 2007-113 of the City of Niagara Falls, the
Greater Niagara Transit Commission was dissolved and its operations were continued
as a division of The Corporation of the City of Niagara Falls, effective as of the 31st day
of May, 2007;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
mutual covenants, conditions and agreements herein contained and subject to and with
the benefit of the City's and Pattison's covenants, provisos and conditions in all respects
as are contained in the Original Agreement, the parties agree as follows:
1. The City agrees to extend the term of the Original Agreement for an additional
term of five years from the 1st day of January, 2017, to and including the 31st day
of December, 2022.
2. Pattison hereby covenants to pay during the extended term unto the City, in
accordance with Section 7 of the Original Agreement.
3. Pattison acknowledges that it has no further right to extend the Original
Agreement at the expiry of the extended term.
2
4. Pattison and the City hereby covenant that they will perform and observe their
covenants, provisos and conditions in the Original Agreement as fully as if such
covenants, provisos and conditions had been herein repeated in full, with such
modifications only as are necessary to make them applicable to this Extension of
Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals,
duly attested by the hands of their proper signing officers and the said signing officers
certify that they have authority to bind their corporation.
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Per:
James M. Diodati, Mayor
Dean lorfida, City Clerk
JIM PATTISON INDUSTRIES LTD.
carrying on business as
PATTISON OUTDOOR ADVERTISING
Per:
Name:
Title:
Name:
Title:
CITY OF NIAGARA FALLS
By-law No. 2016 —
A by-law to authorize the execution of a Fee for Service Agreement with Lions Club of
Niagara Falls (Ontario), Canada Inc.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. A Fee for Service Agreement made between The Corporation of the City of
Niagara Falls as the City and the Lions Club of Niagara Falls (Ontario), Canada
Inc., as attached hereto, is hereby approved and authorized.
2. The Director of Municipal Works is hereby authorized to execute the said Fee for
Service Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto.
Passed this thirteenth day of December, 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 13, 2016.
Second Reading: December 13, 2016.
Third Reading: December 13, 2016.
FEE FOR SERVICE AGREEMENT
BETWEEN :
LIONS CLUB OF NIAGARA FALLS
(ONTARIO), CANADA, INC.
(Hereinafter called the "Service Provider")
- and -
THE CORPORATION OF THE CITY OF NIAGARA FALLS
(Hereinafter called the "City")
WHEREAS the City of Niagara Falls requires Winter maintenance services for the
parking area at the Niagara Falls Lions Park located at 4981 Drummond Road, Niagara
Falls, as shown outlined in bold on the plan attached hereto as Schedule "A";
AND WHEREAS the Service Provider has undertaken to provide such services;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
mutual covenants, conditions and agreements hereinafter contained and for good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
1 DESCRIPTION OF SERVICES
1.1 The Service Provider hereby agrees to provide the services and to
perform the duties as described in Schedule "B" to this Agreement
(hereinafter the "Services") which Schedule is hereto attached and is an
integral part of this Agreement.
1.2 The Service Provider undertakes to ensure that they provide the agreed
upon Services in accordance with a high standard of care, diligence and
skill.
1.3 All Services performed by the Service Provider under this Agreement shall
be performed to the satisfaction of the City, acting reasonably. If the City
determines that any of the Services performed by the Service Provider are
unsatisfactory, the Service Provider shall remedy the unsatisfactory
Service upon receipt of notice specifying the nature of the Service
determined to be unsatisfactory. Upon receipt of such notice from the
City, the Service Provider shall promptly correct the unsatisfactory Service
to the City's satisfaction.
2
2 TERM OF AGREEMENT
2.1 The Service Provider agrees to provide the Services from the 15th day of
November, 2016, through to and including the 15th day of April, 2020,
unless this Agreement is terminated earlier in accordance with the terms
and conditions contained herein.
3 FEES AND PAYMENT
3.1 The City agrees to make payment to the Service Provider for performing
the Services under this Agreement in accordance with Schedule "C",
which Schedule is attached hereto and is an integral part of this
Agreement.
4 AMENDMENTS
4.1 Changes in the scope of the work or Services or other terms and
conditions of this Agreement shall be implemented only upon written
authorization from the City and formal, written amendment to this
Agreement. Fees for any such changes, where appropriate, shall be as
mutually agreed upon by the parties hereto.
5 INDEMNIFICATION
5.1 The Service Provider shall exonerate, indemnify and hold harmless the
City and its successors, officers, directors, agents, affiliates and
employees from and against any and all liability, loss, cost, expense,
damages, claims, fines, penalties, assessments or demands on account of
injuries (including death) or other losses or damages to the Service
Provider or the Service Provider's employees, servants or agents or any
other individuals associated with the Service Provider arising out of or
resulting in any manner from or occurring in connection with the
performance of the Services including but not limited to any claims for
overtime pay, vacation pay, public holiday pay, notice of termination of
employment (or termination pay in lieu of such notice), severance pay,
wrongful dismissal, constructive dismissal, unjust dismissal, mental
distress, wages, benefits, bonus, incentive compensation, disability,
health, life, or other insurance premium payments or benefits, pension,
interest, or any claims under any applicable laws relating to employment
standards, labour relations, human rights, pay, equity, employment equity,
occupational health and safety and workers' compensation.
5.2 The Service Provider further acknowledges that the Service Provider, the
Service Provider's employees, servants and agents and any other
individuals associated with the Service Provider have no entitlement and
shall not have any claim against the City for any compensation or benefits
of the type provided by the City to the City's employees, including, without
limitation, overtime pay, vacation pay, public holiday pay, notice of
3
termination (or termination pay in lieu thereof), severance pay, retirement
benefits, employment insurance, Canada Pension Plan, workers'
compensation, disability, health or life insurance premium payments or
benefits, wages, bonus or incentive compensation.
5.3 The City shall not withhold federal, provincial or other taxes and premiums
from any amounts payable to the Service Provider. The Service Provider
shall be solely responsible for paying, and agrees to pay, such taxes in
accordance with applicable laws and regulations. The Service Provider
hereby exonerates, indemnifies and holds the City and its successors,
officers, directors, agents and employees harmless from the Service
Provider's failure to comply with any of the obligations required under this
Agreement including any liability, loss, cost, expense, damages, claims,
fines, penalties, assessments or other actions asserted against the City
relating to the non-payment or late payment of such taxes or its failure to
comply with federal, provincial and municipal laws. Such indemnification
shall include without limitation any liability, loss, cost, expense, damages,
claims, fines, penalties or assessments and the City's expenses (including
reasonable legal fees) associated with its defence of any such actions.
5.4 The Service Provider shall be solely responsible for all physical injuries
(including death)to persons(including, but not limited to, employees of the
City) or damage to property (including but not limited to property of the
City or the Service Provider or its employees, servants or agents or any
other individuals associated with Service Provider) resulting from the
negligent acts of the Service Provider or the Service Provider's employees
or individuals associated with Service Provider, and shall indemnify and
hold the City harmless from loss and liability in respect of any and all
claims on account of such injuries or damage. Such indemnification shall
include indemnification for acts of the Service Provider's employees and
any individuals associated with the Service Provider that constitute crimes,
such as theft, and intentional misbehaviour, while at any City facilities.
The Service Provider shall be responsible for workers' compensation
claims filed by the Service Provider's employees, servants or agents and
any individuals associated with the City.
5.5 The Service Provider shall maintain a minimum of Five Million Dollars
($5,000,000.00) in general liability insurance and auto liability insurance
with minimum limits of Two Million Dollars ($2,000,000.00) and shall
provide proof of such policies of insurance upon request of the City.
6 TERMINATION
6.1 This Agreement may be terminated by either party on 60 days' notice in
writing to the contact noted in section 7 herein.
4
7 NOTICES
7.1 Any notice, request or other communication hereunder to either of the
parties hereto in connection with this Agreement shall be in writing and be
well and sufficiently given if sent by prepaid registered mail or delivered to
the other party at its address as follows:
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario, L2E 6X5
Attention: Director of Municipal Works
Lions Club of Niagara Falls (Ontario), Canada, Inc.
P.O. Box 30033
Montrose Road RPO
Niagara Falls, ON L2H 001
Attention: President
7.2 Any notice to either party may be given by prepaid registered mail
addressed to such party at its address as above stated and any notice so
given shall be deemed to have been duly given on the second business
day after which the envelope containing the notice was deposited, prepaid
and registered in a post office. In the event of an interruption of mail
service, all notices shall be delivered by personal delivery on the other
party.
8 ENTIRE AGREEMENT
8.1 This Agreement supersedes and replaces any prior agreements (oral or
written) between the City and the Service Provider with respect to the
Services, and expressly discharges the City from any and all obligations
and any existing or potential liabilities or claims arising out of any prior
agreements for services. This Agreement (and the documents
incorporated by reference in this Agreement) contains the entire
agreement between the parties. Neither the parties, nor their agents, shall
be bound by any terms, conditions, statements, warranties or
representations not herein contained. No modification, extension or
alteration of this Agreement shall be legally binding on either party unless
executed in the same manner and form as this Agreement. The Service
Provider shall not subcontract any portion of this Agreement, or the
Services required hereunder, without the prior written consent of the City.
5
IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement
this day of December, 2016.
LIONS CL =01
a F NIAGARA FALLS
(ONTAR • ANAD "INC
Per: ...erAff , Q
N. /e: Rr4-y /V)DfJ1 A . `14A-'J1s—
T e: f Rsizl eit1 Y' N1 / iGL-t
4/evy'S +I,1f3
I
Name: 2 r
Title:
rim=6rt t• n. 7n,
I/We have authority to bind the
corporation
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Per:
Geoff Holman
Director of Municipal Works
- 6 -
SCHEDULE A
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SCHEDULE "B"
DESCRIPTION OF SERVICES AND DUTIES
1. Ploughing, sanding and salting of the parking area at the Niagara Falls Lions
Park located at 4981 Drummond Road, Niagara Falls, as shown outlined in bold
on the plan attached hereto as Schedule "A".
2. Ploughing, sanding and salting operations are to commence within one hour
following the accumulation of five (5) centimetres (two (2) inches) of snow. All
operations must be completed within a maximum of four (4) hours.
3. The Service Provider shall be responsible for the provision of the described
Services and deliverables and shall report to the Manager of Roadways upon
completion of the work. The Manager of Roadways will perform periodic
inspections to ensure compliance with the terms of this Agreement.
Municipal Works Staff and the Service Provider will review the Services provided and
outcomes achieved through the Agreement and make such modifications as are
required to achieve a common objective.
8
SCHEDULE "C"
FEES AND PAYMENT
The Service Provider shall provide the Services on an "as required" basis and submit an
invoice to the Manager of Roadways, on a monthly basis. The City's Purchasing and
Payment policies will be applicable.
//VI
CITY OF NIAGARA FALLS
By-law No. 2016 -
A by-law to authorize the execution of a Fourth Amendment to the Agreement of
Purchase and Sale between the Ontario Lottery and Gaming Corporation and The
Corporation of the City of Niagara Falls, and The Canada Southern Railway Company
and its lessee, CNCP Niagara-Windsor Partnership and The Niagara River Bridge
Company.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. A Fourth Amendment to the Agreement of Purchase and Sale dated the 12th day
of October, 2001, and made between the Ontario Lottery and Gaming
Corporation and The Corporation of the City of Niagara Falls as Purchaser, and
The Canada Southern Railway Company and its lessee, CNCP Niagara-Windsor
Partnership and The Niagara River Bridge Company as Vendor, and in particular
amendments to the arrangements for the maintenance and possible sale or
demolition of the International Bridge, subject to the terms and conditions as set
out in the Amendment to the Agreement of Purchase and Sale, as attached
hereto as Schedule "A", is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Amendment to
the Agreement of Purchase and Sale.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver
the said Amendment to the Agreement of Purchase and Sale.
4. The amended purchase agreement is amended as of the 1st day of December,
2016.
Passed this thirteenth day of December, 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 13, 2016.
Second Reading: December 13, 2016.
Third Reading: December 13, 2016.
THIS FOURTH AMENDMENT AGREEMENT made this 1St day of December, 2016.
BETWEEN:
ONTARIO LOTTERY AND GAMING CORPORATION
("OLGC") and THE CORPORATION OF THE CITY OF
NIAGARA FALLS (the "City")
(collectively, the "Purchaser")
-and-
THE CANADA SOUTHERN RAILWAY COMPANY and its
lessee, CNCP NIAGARA-WINDSOR PARTNERSHIP and
THE NIAGARA RIVER BRIDGE COMPANY
(collectively, the "Vendor")
RECITALS:
A. The Purchaser and Vendor entered into an Agreement of Purchase and Sale dated
October 12, 2001 (the "Purchase Agreement") between the Vendor and the
Purchaser,which was amended by Amendment to Agreement of Purchase and Sale
made as of December 19,2001,further amended by Amendment Agreement made as
of December 11, 2006 and further amended by Amendment Agreement made as of
December 1,2011 (the Purchase Agreement,as amended,is hereinafter referred to as
the "Amended Purchase Agreement"); and
B. The parties wish to further amend the Amended Purchase Agreement in the manner
set out in this Fourth Amendment Agreement.
NOW THEREFORE THIS FOURTH AMENDMENT AGREEMENT WITNESSETH that in
consideration of the mutual covenants, conditions and agreements herein contained,the parties agree
as follows:
1. The Amended Purchase Agreement is amended as of the 1st day of December,2016,
in the following manner:
(a) Paragraph 1.1(s) of the Amended Purchase Agreement is deleted in its entirety and
the following is inserted in lieu thereof:
"Demolition Reserve"means a reserve amount set aside by the City and shown in
the City's annual consolidated financial statements as a line item of four million
Canadian dollars (C$4,000,000.00), subject to annual All Items Consumer Price
Index (Not Seasonally Adjusted) increases, since December 11, 2001, for the
200015.09063/94595706.4
- 2 -
Province of Ontario,as published by Statistics Canada,Catalogue no. 62-001-X,for
the purpose of funding the future costs of the demolition of the International Bridge.
(b) Paragraph 6.3 of the Amended Purchase Agreement is deleted in its entirety and the
following is inserted in lieu thereof:
6.3 International Bridge
The Vendor and the City agree that from and after the expiry of the
Fixture Removal Period until the Outside Date(as hereinafter defined),the Vendor
shall not use the International Bridge for any purpose, other than for the installation
and use of fibre optics facilities. The Vendor shall use its reasonable efforts to sell
the International Bridge to an arm's length, third party purchaser on terms
satisfactory to the Vendor in its sole discretion. The Vendor shall notify the City
forthwith upon entering into any letter of intent or agreement for the sale of the
International Bridge prior to the twentieth anniversary of the Closing Date. For the
period from and after the expiry of the Fixture Removal Period to and until the earlier
of: (i) the date upon which the International Bridge is sold by the Vendor to a third
party purchaser; and (ii) the twentieth anniversary of the Closing Date, being the
"Outside Date",the City shall be responsible to reimburse the Vendor for the costs of
repair,maintenance,realty taxes,insurance and security(the"Maintenance Costs")
for the International Bridge provided that such costs shall not exceed the amount
which is the lesser of:
(a) the actual costs incurred by the Vendor in respect of Maintenance
Costs, which costs shall be substantiated by written invoices to be
provided to the City; and
(b) $100,000.00 per 365-day period (as pro-rated for lesser periods).
During such period the Vendor shall ensure that all requirements of
Canadian and United States customs and immigration authorities are met in relation
to the International Bridge. If by the twentieth anniversary of the Closing Date or at
any earlier time at the option and upon the written request of the Vendor,the Vendor
has not then sold or agreed to sell the International Bridge,the Vendor may elect to
demolish the International Bridge at its sole cost and expense. The Vendor shall bear
all responsibility of demolition including obtaining all regulatory and other approvals
required for the demolition of the International Bridge and shall indemnify and hold
the City harmless with respect thereto.
Provided that such demolition is commenced within 270 days
following such twentieth anniversary of the Closing Date (or such earlier elected
date, as the case may be) and thereafter continued to completion, the City shall
reimburse the Vendor following completion of demolition, for the demolition costs
(on the basis of receipted third party invoices)to a maximum of the lesser of: (a)the
actual arm's length,third party costs of such demolition,together with a management
fee equal to five (5%) of such third party costs of demolition;and(b)the amount of
200015.09063/94595706.4
- 3 -
the Demolition Reserve. The Vendor shall be entitled to have recourse against the
Demolition Reserve if the City fails to properly reimburse the Vendor following
demolition of the International Bridge pursuant to the City's obligations hereunder
within 60 days of presentation to the City of the receipted third party invoices for the
demolition costs. If the Vendor sells the International Bridge to an arm's length,
third party purchaser, the Demolition Reserve shall be reassigned by the City as it
sees fit,upon the completion of such sale to the third party purchaser. If the Vendor
has not sold the International Bridge to an arm's length,third party purchaser and has
not commenced the demolition of the International Bridge within 270 days of the
twentieth anniversary of the Closing Date or if the City has fulfilled its
reimbursement obligations hereunder, the City shall be free to reassign the
Demolition Reserve as it sees fit.
It is anticipated that any negotiations to sell the International Bridge to
an arm's length,third party purchaser may require new truck routes to be established
in the City of Niagara Falls, to be used in connection with the International Bridge.
In this regard, the City shall consider and discuss with the potential third party
purchaser the most appropriate new truck routes acceptable to the City,shall consider
in a timely manner all re-zoning and other applications made by such potential
purchaser and shall ensure that City staff shall work co-operatively with the potential
purchaser to identify and address re-zoning and other regulatory issues that may arise;
it being understood that nothing in this paragraph shall be interpreted as fettering the
City's discretion with respect to matters relating to its jurisdiction.
2. The Amended Purchase Agreement, as amended by this Fourth Amendment
Agreement,shall continue in full force and the covenants,conditions and provisions contained in the
Purchase Agreement, in all other respects, are confirmed.
3. This Fourth Amendment Agreement may be executed by the parties in separate
counterparts each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. To evidence the fact that a party
has executed this Fourth Amendment Agreement, such party may send a copy of its executed
counterpart to the other party by electronic transmission and,if sent by email,in Portable Document
File(PDF) format.That party will be deemed to have executed this Fourth Amendment Agreement
on the date it sent such electronic transmission. In such event, such sending party shall forthwith
deliver to the other parties the counterpart of this Fourth Amending Agreement originally executed
by such party.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly
attested by the hands of their proper signing Officers and the said signing Officers certify that they
have authority to bind their corporation.
200015.09063/94595706.4
-4 -
ONTARIO LOTTERY AND GAIN/LING
CORPORATION
Per:
Name:
Title:
I have authority to bind the Corporation
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Per:
Name:
Title:
Per:
Name:
Title:
We have authority to bind the Corporation
THE CANADA SOUTHERN RAILWAY
COMPANY
Per:
Name:
Title:
Per:
Name:
Title:
We have authority to bind the Corporation
200015.09063/94595706.4
- 5 -
CNCP NIAGARA-WINDSOR
PARTNERSHIP by its partners
CANADIAN PACIFIC RAILWAY
COMPANY
Per:
Name:
Title:
I have authority to bind the Corporation
CANADIAN NATIONAL RAILWAY
COMPANY
Per:
Name:
Title:
I have authority to bind the Corporation
THE NIAGARA RIVER BRIDGE COMPANY
Per:
Name:
Title:
Per:
Name:
Title:
We have authority to bind the Corporation
200015 09063/94595706.4
CITY OF NIAGARA FALLS
By-law No. 2016 -
A By-law to amend By-law 89-155 and adopt a Schedule of Meetings.
WHEREAS Rule 2 of the Procedural By-law of the City provides for the adoption of a
Schedule of Meetings.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. Schedule "A" to By-law No. 89-155, as amended, is repealed, and the attached
Schedule "A" is inserted in lieu thereof.
2. By-law No. 2015-153 is hereby repealed.
Passed this thirteenth day of December, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 13, 2016.
Second Reading: December 13, 2016.
Third Reading: December 13, 2016.
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CITY OF NIAGARA FALLS
By-law No. 2016 -
A by-law to authorize the payment of$4,514,258.99 for General Purposes.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
That the City Treasurer is hereby authorized and directed to pay the attached list of
disbursements for the period of from June 11, 2016 to June 22, 2016.
Passed this thirteenth day of December, 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
CITY OF NIAGARA FALLS
By-law No. 2016 -
A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on
the 13th day of December, 2016.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of
Council as herein set forth be adopted, ratified and confirmed by by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The actions of the Council at its meeting held on the 13th day of December, 2016
including all motions, resolutions and other actions taken by the Council at its
said meeting, are hereby adopted, ratified and confirmed as if they were
expressly embodied in this by-law, except where the prior approval of the Ontario
Municipal Board or other authority is by law required or any action required by
law to be taken by resolution.
2. Where no individual by-law has been or is passed with respect to the taking of
any action authorized in or with respect to the exercise of any powers by the
Council, then this by-law shall be deemed for all purposes to be the by-law
required for approving, authorizing and taking of any action authorized therein or
thereby, or required for the exercise of any powers thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls
are hereby authorized and directed to do all things necessary to give effect to the
said actions of the Council or to obtain approvals where required, and, except
where otherwise provided, the Mayor and the Clerk are hereby authorized and
directed to execute all documents arising therefrom and necessary on behalf of
the Corporation of the City of Niagara Falls and to affix thereto the corporate seal
of the Corporation of the City of Niagara Falls.
Passed this thirteenth day of December, 2016.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: December 13, 2016
Second Reading: December 13, 2016
Third Reading: December 13, 2016