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2006/04/03 , :::",,,",,,,:;,,, ",'.,' >,.,><>;, .:.;..... .; ~. :.<.......:........,.,,:......;)::.,.;,>;,.......:.:..:..,..:; ,.,..:.' COMMUNITY SERVICES COMMITTEE AGENDA "ii' .... ../. . ' ,/,:" " ;;;::::''i-i:'';::; /.,.;;,.;):,-; ,', ;.}',;,;:'>::>:::::);;;;j;:;;;"'" ,';>; FOURTHMEETING Monday, April 3, 2006 From 5:00 p.m. to 7:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the 2006-03-20 Community Services Minutes. 2) REPORTS: STAFF CO NT ACT: a) MW-2006-28 - Municipal Drain Engineering Report Union Marsh Drain Ed Dujlovic 3) PRESENTATION: a) Leger: Employee Satisfaction Survey Presentation by: Craig Worden 4) REPORTS: a) PD-2006-27 - Site Agreement, SPC-36/2002 6754-6788 Thorold Stone Road Applicant: 1184538 Ontario Limited Inquiry about Zoning and Site Plan Compliance Alex Herlovitch b) MW-2006-24 - Ellen Avenue Loading Zone Review Ed Dujlovic c) MW-2006-30 - Frederica Street Pedestrian Safety Review Ed Dujlovic d) MW-2006-39 - New Sidewalk Construction East Side Drummond Road Ed Dujlovic e) MW-2006-42 - Walker Brothers - Environmental Assessment Ed Dujlovic 5) IN-CAMERA Karen Kelly 6) NEW BUSINESS: 7) ADJOURNMENT: .......,----......-.......-....-- ,. ,. - r MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, March 20, 2006, City Hall, Room 2 at 4:40 p.m. PRESENT: Chair -Alderman Selina Volpatti, Alderman Pietrangelo, Mayor Ted Salci, Alderman Jim Diodati, Alderman Joyce Morocco, Alderman Carolynn Ioannoni, Alderman Vince Kerrio, Alderman Wayne Campbell. REGRETS: Tony Ravenda, Alderman Janice Wing. STAFF: John MacDonald, Ed Dujlovic, Ka,rjm Kelly, Denyse Morrissey, Pat Burke, Ken Burden, Dean Iorfida, Marzenna Carrick, John Castrilli, Alex Herlovitch, Serge Felicetti, Marianne Tikky - Steno PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: Ed Lustig - Director People Mover Project, David Schram - Urban & Environmental Management, Doug Allingham - Totten Sims Hubicki MINUTES It was ORDERED on the motion of Mayor Salci and seconded by Alderman Campbell, that the February 20,2006 minutes be approved. Motion: Carried Action: Recommendation submitted to Council 2006-03-20. REPORTS a) People Mover Project It was ORDERED on the motion of Mayor Salci and seconded by Alderman Morocco that Council authorize going forward with the next step of the Project being the preparation of a final Request for Proposals (RFP2). Motion: Carried Action: Recommendation submitted to Council 2006-03-20. b) MW-2006-25 - Ascot Circle Speed Review It was ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Diodati that a stop sign be installed at the intersection of Citation Road at Ascot Circle facing northbound motorists on Citation Road and that staff conduct a speed review on Ascot Circle during the summer months. Motion: Carried Action: Recommendation submitted to Council 2006-03-20. II -2- c) BBS-2006-02 - Canadian Niagara Hotels Inc. Pedestrian Walkway It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Diodati that this report be received and filed. Motion: Carried Conflict: Alderman Kerrio Action: Recommendation submitted to Council 2006-03-20. d) PD-2006-38 - Canadian Niagara Hotels, History of Water park and Pedestrian Walkway It was ORDERED on the motion of Alderman Morocco and seconded by Alderman Diodati that this report be received and filed. Motion: Carried Conflict: Alderman Kerrio Action: Recommendation submitted to Council 2006-03-20. e) BDD-2006-04 - Ministry of Tourism and Canadian Tire Commission Sponsorship Funding - LIVE with Regis and Kelly Production It was ORDERED on the motion of Mayor Saki and seconded by Alderman Pietrangelo that; l. That Council authorize staff to enter into an agreement with the Ministry of Tourism to receive sponsorship funding in the amount of$125,000 towards the production of the LIVE with Regis and Kelly show. 2. That Council authorize staff to enter in an agreement with the Canadian Tourism Commission (CTC) to receive sponsorship funding in the amount of$lOO,OOO for the production of the Live with Regis and Kelly Show. Motion: Carried Action: Recommendation submitted to Council 2006-03-20. NEW BUSINESS a) Aldrman Kerrio requested that staff contact Mr. David Ovens regarding traffic concerns at Front Street and Tim Hortons. The Director of Municipal Works advised that staffwiIl contact Mr. Ovens and investigate his traffic concerns. b) It ORDERED on the motion of Mayor Salci and seconded by Alderman Kerrio that staff prepare a report on the installation of new sidewalks on the east side of Drummond Road from Morrison Street to just north of Brock Ford. Motion; Carried Action: Recommendation submitted to Council 2006-03-20. . -3- ADJOURNMENT It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Morocco that the regular meeting of the Community Services Committee be adjourned at 5:05 p.m. " II il , MW-2006-24 Community Services Department Municipal Works Ed Dujlovic Thee;,ol j~ 43100_""" Director NiClgara tolls P:O, Box 1023 Niagara Falls, ON L2E 6X5 Ccmada ~ web site: www,niagarafalls.ca ~ __ Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovic@niagarafalls.ca April 3, 2006 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-24-Ellen Avenue Parking Review RECOMMENDATION: It is recommended that: I) the '"Loading Zone" located on the east side of Ellen Avenue just south of Centre Street be relocated south to the adjacent parking stall, and; 2) the existing parking restriction at all times on the east side of Ellen Avenue between Centre Street and a point 18 metres south of Centre Street be extended 6m to encompass the existing loading zone, and; 3) two parking spaces be eliminated on the east side of Ellen Avenue between Magdalen Street and the area be posted as a '"no standing" zone available for transit vehicles BACKGROUND: Staff has been requested to review Ellen Avenue between Walnut Street and Ferry Street, and the intersections of Centre Street@ Ellen Avenue and Magdalen Street@ Ellen Avenue, both of which are controlled by all-way stops. The concern at these locations stems from Niagara Transit vehicles having inadequate manoeuvring space when traversing Ellen A venue, and as a result conflicts with other motor vehicles are being experienced. Currently there is a parking restriction along the entire west side of Ellen A venue between Walnut Street and Ferry Street. However, on the east side there is a combination of restricted parking areas, on-street parking areas and one loading/unloading stall just south of Centre Street. The width of Ellen Avenue ranges between 8 - 805m. In the past Ellen Avenue was utilized as a route for transit buses during only the summer period. However, the route via Ellen Avenue has since become permanent and Victoria Avenue is no Working Together to Serve Our Community Municipal Works. Fire Services. Parks. Recreation & Culture. Business Development. Building & By-Law Services II I II April 3, 2006 -2- MW-2006-24 longer the primary route in this area. In addition to local transit buses, Ellen Avenue is utilized by tour buses as well as large delivery vehicles servicing the tourist district. During an on-site visit with a representative of Niagara Transit, a concern pertaining to manoeuverability of transit buses was discussed. Identified were occurrences where buses have collided with mirrors of passing vehicles, as well as experiencing delays. Observations indicated that buses experienced difficulties at the intersections, namely Ellen Avenue @ Magdalen Street and Ellen Avenue @ Centre Street. On the east side of Ellen Avenue immediately south of Magdalen Street there is a transit stop. However, there are on-street parking stalls located within the bus stop area. This forces buses to double park to load/unload passengers, and encroach into the opposing lane when these spaces are occupied. The elimination of2 on-street parking spaces will be required to provide sufficient space for the transit stop. Due to the close proximity of a loading/unloading zone on Ellen Avenue just south of Centre Street, buses travelling in the northbound direction are not provided with enough comer clearance to properly manoeuver in the northbound lane when the loading zone is occupied. As a result, transit buses as well as vehicles encroach into the opposite lane hindering vehicular movement through the intersection. When vehicles make turns from one roadway onto another, additional space is required for curb clearance. When vehicles encroach onto the oncoming lane these manoeuvres can no longer be carried out safely. Staff has met with the owner of establishment 5040 Centre Street (Jacks Cantina) which is a regular user of the existing loading/unloading zone. During the meeting staff notified the owner of the establishment of the safety issues pertaining to the intersection when transit vehicles encroach onto the opposite lane. The owner was notified of staffs suggestion to relocate the loading zone to the parking space immediately to the south. However, as this would require the removal of one parking stall near the establishment, this was not favourable with the establishments owner. A review of collisions on the roadway was conducted and reveals that there is not a collision problem on the mid-block sections of Ellen Avenue. [n the previous three year period a total of four collisions were reported between Magdalen Street and Centre Street of which one collision involved a transit bus. A total of four collisions were also reported between Magdalen Street and Ferry Street. A collision pattern is however evident at the intersection of Ellen Avenue at Centre Street, where a total of nine collisions were reported in the previous three year period. Of these collisions, five involved angle collisions, one approaching, one rear end, one involving an unattended vehicle and one involving a single motor vehicle. One collision involved an intercity bus which collided with the side of a building when turning onto Centre Street from Ellen Avenue. Niagara Transit had noted that previous damage sustained to transit vehicle mirrors was not reported to the police and therefore, collision reports are not available. However, it is estimated that there have been 3-4 of these occurrences since Ellen A venue became the primary route. Based on the above it is recommended that the existing loading zone on Ellen Avenue south of Centre Street be relocated southerly to the adjacent on-street parking space. This will eliminate one parking space. It is also recommended that two parking stalls located on the east side of Ellen Avenue just south of Magdalen Street be removed and replaced with "no standing" for the bus stop. These revisions on Ellen Avenue will address concerns expressed by the Employee Health & Safety Committee at Niagara Transit without significantly affecting on-street parking , April 3, 2006 .3. MW-2006.24 available for patrons. The loading zone, albeit moved by 6m will still be available for business use. These modifications will maximize safety and efficiency along Ellen Avenue at the intersections. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: R~1'M~,7;~,y ~ Karl Dren, C.E.T. John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Approved by: [b{l- Ed Dujlovic, P.Eng. Director of Municipal Work Bart SkibaS:\TPS\TPS 1.00 Administr:ltion\TPS \.06 Rl:ports\1006 Community Scrvices\(J..~ April 03\M.....V-~006-2...\. Ellen Avenue - Parking Re\ikw.wpd 'I . rn .n .- ~ r:rJ """' 'g "" (l,) co <fJ 0 0.. (l,) \2 ::lo.. C'-' ~ ::; "" <C .~ 2 C >- u: (l,) Cl) ~ ::::~ ~t. 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Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca ~ Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovic@niagarafalls.ca April 3, 2006 Alderman Selina V olpatti, Chairperson and Members ofthe Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-30 Frederica Street Pedestrian Safety Review RECOMMENDA liON: It is recommended that the following report be received by council for their information. That flashing beacons be installed on Frederica St. BACKGROUND: Following a council meeting on January 23, 2006, staff has been requested to review the safety of pedestrians crossing Frederica Street near the Stamford Memorial and Jack Bell Arenas. The area of concern includes a section of the roadway directly in front of the arena entrances and the parking facility located on the opposite side of the roadway. Frederica Street is a collector roadway consisting of two travel lanes, one in each direction separated by a single solid yellow centre line. Sidewalks are present on both sides of the roadway in the study area, which is located between Glenholme A venue and Prince Edward Avenue. The total width ofthe roadway is 11 metres, which includes a shoulder on the north side of the roadway. Currently, parking is restricted on both sides of the roadway in the study section, between Glenholme A venue and Prince Edward A venue. A crosswalk, which is uncontrolled is located directly opposite the pathway from the parking facility. This crosswalk marking consists of blocks rather than the standard continuous lines, increasing awareness to motorists of its presence and function. The crosswalk is currently in good condition. Oversized "pedestrian" signs are present on Frederica Street in advance of the crosswalk in both directions which are also complemented by "pedestrians ahead" tabs. Also, a sign indicating "Arena Entrance - 150 metres" is posted facing eastbound motorists on Frederica Street in advance of the building, to notifY motorists travelling around the curve to the possible presence of pedestrians ahead. Staff has reviewed Frederica Street in the vicinity of the arenas to determine whether sufficient warning is provided to motorists of pedestrian activity in the area, and whether pedestrians are able to safely cross the roadway. Crossing pedestrians are presented with adequate visibility Working Together to Serve Our Community Municipal Works. Fire Services. Parks, Recreation & Culture. Business Development. Building & By-Law Services --..---.--- ._,-_._-_..._..._.._--_._-_._.._---,._.,-_._.-~,. . .-...--.....--..-.-,.'" - ...-.- --IT-- II _.__,__._.n April 3, 2006 -2- MW-2006-30 when crossing Frederica Street, which allows them to view oncoming vehicles approaching from both directions. Similarly, motorists approaching the crosswalk have adequate stopping sight distance. The roadway is also illuminated during nighttime by light standards. One light standard is located on either side of the crosswalk, thereby providing ample visibility during night conditions. In addition, the intersections of Frederica Street at Glenholme Avenue and Frederica Street at Prince Edward Avenue are controlled by all-way stops, requiring motorists on all approaches to stop, creating sufficient gaps for pedestrians to cross the roadway safely and without significant delay. Further to the traffic signs on the roadway for motorists, signs indicating "Pedestrians - Wait for Gap before Crossing" must also be installed following previous studies in 2002, to augment the existing signage. and convey to crossing pedestrians that they must yield to vehicular traffic which has the right-of-way at the uncontrolled crosswalk. A collision review conducted on the study section of the roadway reveals that one collision has been reported on the study section of Frederica Street in the previous three year period. The collision involved a vehicle colliding with the rear of another vehicle which was allowing a pedestrian to cross the roadway. Based on traffic warrants, the existing traffic control devices are sufficient. Staff has however, investigated alternate devices that may be suitable for installation to augment the presence of pedestrians. Solar Flashing Beacons: These devices may be installed on the existing "Pedestrians" signs in advance of the crosswalk. The purpose of the beacons is to augment the "Pedestrians" signs and increase awareness to motorists of the potential of crossing pedestrians on the roadway ahead. As this device is solar powered, the installation does not require external power, trenching, cabling or dismption of traffic flow during the installation process. The flashing beacon operates 24 hours per day. Cost: The cost of these devices is approximately $2500.00 per unit. Two units would be required on Frederica Street, one in advance of the arenas in each direction of travel. Maintenance and operation costs are relatively low, as only battery replacement is required annually. Installation costs are minimal as the beacons retrofit over existing sign posts. The total costs for the installation of two solar flashing beacons is $5000.00. -, -..... Raised Pavement Markers: These devices are imbedded into the asphalt at the crosswalk. As they are retro-reflective they are predominately effective during nighttime conditions. The raised markers augment the pavement markings at the crosswalk, identifying the location of the crosswalk. Although the markers are imbedded into the asphalt, there is a high probability that replacement will be required following annual snow ploughing operations. Cost: The hardware and installation of approximately 12 markers is between $3,000.00- $4,000.00. Future maintenance costs are primarily dependant on the number ofmarkers damaged by snowplows. --~- .. II ----....- , April 3, 2006 - 3- MW-2006-30 Neither of the two altematives have been included in the 2006 budget. Staffis suggesting that should a device be chosen, the chosen device be the solar Hashing beacon. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: /~EY ~ tclt1"!W1 Karl Dren, C.E.T. J n MacDonald Manager of Traffic & Parking Services hief Administrative Of!icer A':m.ed~ C\)- ,. Ed Dujlovic, P.Eng. Director of Municipal Work Bart SkibuS:\TPS\TPS 1.00 Administration\TPS 1.06 Reports\2006 Community Services\04 April OJ\MW.2006-JO Fn:Jt:rka Street.Pdestri.an Sat~ty Review.wpJ ---~---,.y--- ,II --~.- 00 00 ~fj 0.... "mI GNOWWfHIG ~~ <d "<'!" Cl..1.:l 00 ...... ::+;:: r./) ....Z ~ 1:: O' U.... <-< (l) o:l Or./) ....~ .- -< O~ Zc:t: ..... :> (l) Q) OU :;;;J< Q) .... ~ :;Cl.. ~O 00 Q) ~ ~ <<I"'" ~ (.) < Q) 1.0 ~ r./) '3.A V 3.1VQS11IH "0 0 -< r./) Eo-< Q) 0 ...... P-. N ~ U > ~r ...... <') i:2 0 . .....' o:l ~ - 'C I': 0.. ~ r.. < .. I, lot '~ I,<., I"... <" .... 7 "T' : : '3A V 10HN3.1D . : . : I ~ ="' ~. I I V) rJ'J. := "',\l~1 C\S ~ , '! I:: ,,~ ~:;;! ~'~'''N (l) ;;'0 :.;:;: I" ~ '!!!"i ~~ ~ I . I~~O I: , ...< 05 I I::::; f'-~U \ ~ ~ I Ii:~ ~,.... , . .".~ z'" .~ I I. ~ ;< o I Ii'-;..L. L.l.I "'" ..2 5, I: ~ 3. 3.:JNHld bfj k ~ I:: ~ .- ~ ..>d ~ Z .... <Il <' <~ ._ <Il ~ &j~ . . . . . . - --- ---~---- -...---- II .- Corporate Services Department PD-2006-27 Planning & Development Doug Darbyson 4310 Queen Street Director The C;ty of ~~ P.o "', 1023 , Niagara Falls, ON L2E 6X5 Niagara Falls web site: www.niagarafalls.ca Canada ~ .J' Tel.: (905) 356-7521 ~ . Fax: (905) 356-2354 E-mail: plann ing@niagarafalls,ca April 3, 2006 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: PD-2006-27, Site Plan Agreement SPC-36/2002, 6754-6788 Thorold Stone Road Applicant: 1184538 Ontario Limited Inquiry about Zoning and Site Plan Compliance RECOMMENDATION: It is recommended that Community Services receive this report for information purposes. BACKGROUND: On February 20, 2006, Community Services considered a report to impose certain parking restrictions on Confederation Parkway, south of Thorold Stone Road. During the meeting, ML Paul Hartman of 6714 Thorold Stone Road spoke to concerns outlined in his letter (attached) about the plaza and restaurant located at 6754 and 6788 Thorold Stone Road. Planning and Development was requested to respond to these questions. Staffs response is as follows: I. Should plazas exist in NC zones? The site is located in a Minor Commercial District in the Official Plan and is zoned Neighbourhood Commercial (NC) by By-law No. 79-200. Both the designation and the zone permit the grouping of small-scale uses in the form of small plazas. The subject plaza is typical of developments that have occurred on NC lands. The establishment has a valid business licence as a restaurant. Some of the activities referred to by the complainant are clearly ancillary activities that would be expected with any restaurant (i,e., groups meeting or having their events at the restaurant, parking in association with restaurant activities), 2. Should site plan control be exercised? A site plan agreement was executed and registered on title ofthe property in 2004. An inspection completed in December 2005 indicated substantial completion of the site works called for in the site plan agreement. A Letter of Credit is being held to ensure minor works are completed, such as: replacing a few dead cedars, repairing any sidewalk panels damaged during construction and filling redlmdant curb cuts. It is expected these matters will be completed in the spring. Working Together to Serve Our Community Clerks . Finance . Human Resources . Information Systems . Legal . Planning & Development II April 3, 2006 - 2- PD-2006-27 3. Do patios require parking spaces? Are patios taxed commercially? Outdoor patios are permitted as accessory uses to restaurants. A patio built at grade without a roof is not treated as a structure under Zoning By-law No, 79-200. As they are not structures, unenclosed outdoor patios are not subject to additional parking or assessment (tax). 4. Are patio seating spaces considered with a structure for consumption? Outdoor patios, however, are subject to licensing by the Alcohol and Gaming Commission of Ontario (AGCO). This licence defines the maximum occupancy for the restaurant and for the outdoor patio. Any violations of this licence are policed by the AGCO, It should be noted that under AGCO legislation, there is no distinction between what constitutes a tavern or what constitutes a restaurant. The Liquor Licence Act merely states that anyone selling liquor requires a licence. 5. Fencing Required by a 1988 Site Plan Agreement A 1988 site plan agreement permitted an apartment building on the west half of the plaza lands. The apartment building was never built and has since been redesignated and rezoned for commercial uses. Accordingly, that site plan a.greement expired in 1990. The site works required for the current development are detailed in the 2004 site plan agreement, discussed under #2 above. A landscape strip 3 to 6 metres (10 to 20 feet) wide along Confederation A venue is installed as required to buffer residential areas from the plaza development. 6, Garbage Emanating from the Site The concern about garbage seems to be related to a complaint received by By-law Enforcement on Febmary 17, 2006 about garbage blowing otTthe subject property. The garbage had been left by a contractor working on one of the units. By-law Enforcement staff attended to the complaint and ensured the garbage was cleared up by February 24, 2006 (see attachment). CONCLUSION: The development at 6754 and 6788 Thorold Stone Road appears to be operating within the parameters ofthe Zoning By-law and applicable site plan agreement and no further action is warranted at this time. Outstanding minor site plan matters will be dealt with in the spring, Prepared by: Jl;:;~ILy!, , / ~ ./- . Ravenda ~~- {r-Andrew Bryce Planner 2 Executive Director of Corporate Services Recommended by: 'POC"'IlY"brr ~~~ lJ;l1<-- i ~ug Darbyson ohn MacDonald , irector of Planning & Development Chief Administrative Officer LJ AB:gd S:\PDR\200(I\PD:!006-:!7. SPC-36-:!OOl.1 [8-4538 Ont. ltd.\>'pd - / FEBRUARY 20, 2006 TOPIC: CONFEDERATION AVE. & 6788 rnOROLD STONE RD. PARKING & TRAFFIC ISSUES REFERENCE MATERIALS 1979- November 5, 1979-City of Niagara Falls zoning,bylaw 79-200 NC zones, GC zones, Pages 87-91, Residential general provisions, -Access to NC zones in residential Pages 50~51 -Permitted uses in NC zones Page 87 - as opposed to uses in GC zones Pages 89 & 90. . NC does not permit Assembly hall (Charitable events, golf tournaments, union meetings) Farmers market Parking lot (bus pick up for football game, tractor trailer parking overnight,) Place of Entertainment. (Live singer, DJ, outdoor music.) Tavern (must all restaurant patrons have a seat) Dwelling units (below second floor) -Definition of a restaurant. Reference to food only, and consumed within the building or structure, as opposed to drive in or patio. _ DefInition of a tavern. Reference to alcohol. As opposed to restaurant. 1988- April 1988-City of Niagara Falls Official Plan Objectives Page 10 (pleasant environment for living) Policy of development in residential -hannony page 16, -compatibility pg 16, -no detriments pg. 16, - limited commercial pg. 16, - 800'rnetres distance pg. 17. Policy commercia\, - access points pg.24. 1988- April 1988-Policy of site plan control implementation. _ (parking pg. 54,VII,7-,pg.55,VII, 1.6) -(land transfer to region pg 56,VII,2.7 ) 1988-Bylaw 88-172, (26 parking spots, fence on eastern boundry, restaurant addition) NC frontage increased from 50' to 125'. II I! , > FEBRUARY 20,2006 TOPIC: CONFEDERATION AVE. & 6788 THOROLD STONE RD. PARKING & TRAFFIC ISSUES I 988-Site plan agreement Sept. 27,1988, page 10 (40 parking spots, lighting, SllllW plowing, I ramp, registered on title, applies to sucessors in title. ...." I 990-Site plan agreement April 24, 1990, (7 I parking spots, 2 ramps, lighting, snowplowing 1993-Committee of Adjustment Notice Ap (A- 13/93 March 4, 1993) Susan Judge Variance to Increase restaurant floor space. . I 993-Committee of Adjustment Notice Ap (A-29/93 May 5, 1993 ) Susan Judge Variance to reduce set back of rear and west side" enclose rear stairwell, increase restaurant floor space. 1993-Committee of Adjustment Notice Ap (A-29/93 May 27,1993) Susan Judge Variances to By law 89-288, Increase to 7513.5 sq. feet. Restaurant space. pwpused kitchen addition, reduced set back. I 997-September 9, 1997. Letter from City saying no site plan agreement executed. 1999- August 6, 1999,Site plan agreement, (lighting, asphalt, curbing, garbage,2 ramps, 39 parking spots, snow plowing.) 2001-Registered mail to Iskender Tokllc, re site plan compliance, cc to Ralph Biamonte, Mack O'Rooneys. 2002-Site servicing and grading plan dated Oct. 31, 2002 2004-Site plan Agreement, registered on title, March 3, 2004, (conveyance ofland, lighting, garbage, access, 81 parking sites. 2004-By Law 2004-209,Nov. 19,2004, permitting larger floor space for NC use specific, (does not include restaurant use) QUESTIONS: Should site plan control be exercised? Should plazas exist in NC zones? Are patio seating spaces considered within a structure for consumption? Are patios taxed commercially? Do patios require parking spaces? If a fence were erected along the easterly property line , as was required in 1988, would the garbage be kept out of the sidestreet? , , Confederation-Plaza Pa e 1 From: Bob Judge To: Ed Dujlovic; John Castrilli; John MacDonald Date: Fri, Feb 17, 2006 4:33 PM Subject: Thorold Stone Road @ Confederation-Plaza We received a complaint today (approx. 2:30pm) from Mr Hartman regarding the above, He stated that they were doing renovation work in the new building and they were throwing the waste material out into the parking area and it was being blow around and possibly damaging adjoining properties. Since there was a possibility of injury I asked Nick Pietrangelo to go out and have~a look and a talk with who ever was there. While there Nick noted that there was a small pile of drywall pieces & steel studs stacked at the rear of the building. It was not blowing anywhere nor was it a danger. He spoke with a woman who was painting the floor and told her to be sure and have the pile of debris removed. I bring this to your attention because Mr. Hartman stated he would be in attendance at Mondays Council meeting, We will check on Monday to see that it has been removed, Bob 'I I, Page I of 1 Dean Iorfida - Hartman Complaint From: "Bob Judge" <bjudge@niagarafalls.ca> To: <diorfida@niagarafalls.ca>, <jcastrilli@niagarafalls.ca> Date: 3/23/2006 11: 15 AM Subject: Hartman Complaint " We received a complaint on Friday Feb 17, 2006 at approx. 2:00pm from Paul Hartman regarding Litter & Renovations at the Plaza. He alleged that workers were throwing materials (drywall & steel studs) into the parking lot and it was blowing onto adjoining properties. A By-law Officer ( Nick) was dispatched ( at 3:00pm) to investigate. He found no workers, except a painter and he informed her to have the small pile of construction debris cleaned up. He re-attended the property on Monday Feb 20, 2006 and found the material was still there he contacted the store owners. He reattended on Feb 21, 2006 the material was gone. You will note from the photos that the pile of material was not huge and we did not considerit a danger. Th is file was closed. Bob file://C:\Documents%20and%20SettingslAdministrator\Local%20Settings\ Temp\GW}OOO... 3/23/2006 - - . . 2/20/2006 1 :58:04 PM 'I I , . Community Services Department MW.2006.28 Municipal Works Ed Dujlovlc 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ web site: WNW .city. niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca April 3,2006 Alderman Seline Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-28 - Municipal Drain - Engineer's Report Section 78 - Drainage Act - Union Marsh Drain Willoughby Township RECOMMENDATION: That the City adopt the Engineer's Report for the Union Marsh Drain prepared under the authority of Section 78 of the Drainage Act, R.S.O., 1989 and that staff be directed to prepare the. provisional by-law as prescribed in the Act. '"tka..+ s+a4 refb\~ or- o..\krncdive ~(n~ {Or worl<; 0('\ the Un lOr! ((lo.-rsh ..j}-c;LitU. BACKGROUND: In March 2003, the Director of Public Works signed a Petition for Drainage Works to investigate the need for repair and improvement of drainage for the Union Marsh Drain for those lands within its watershed as shown in the attached report. In June 2003, the City engaged the services ofK Smart Associates to prepare the Engineer's Report under the authority of the Drainage Act. During the design period two public meetings were scheduled to familiarize the landowners with the project, the Drainage Act process and respond to public inquires. The second public meeting was scheduled to report on the current findings and recommendations based on the completed fieldwork. A preliminary assessment schedule was presented at this meeting. The public comments from those in attendance were generally supportive of the project with no major objections to the work being noted. The City commissioned a report that completed a comprehensive review on the status of the rural drains in 1987. The report identified twelve (12) drains that were in need of repair from the perspective of providing a sufficient outlet for roadside drainage. Due to budgeting constraints, staff has been completing these drain improvements on a Working Together to Serve Ollr Commllnity Municipal Works' Fire SeN/ces . Parks. Recreation & Culture' Business Development. Building & By-Law Services .. April 3, 2006 -2- MW-2006-28 priority basis as determined in consultation with Operations staff To date, two rural drain improvements have been constructed through the Drainage Act process, being the Tee Creek Municipal Drain (1995) and Drain No.6 (2002). The total assessment to private owners has been $60,290,00 and $37,370.00 respectively. The Drainage Act provides for the Ministry, OMAFRA, to subsidize agriculturally zoned lands for up to one-third of their assessment as well a direct benefit grant assessed to those lands that are traversed by the drain. In the past, Council approved a ten (10) year payment plan for all assessments to landowners interest free. The Final Report estimates the total assessment for this project to be $233,245.00 of which $143,697.00 will be assessed against property owners. (see schedule C) There has been some discussion that has taken place in regards to the financing of this project in particular it has been requested that the City assume all of the cost. As indicated above the past practice has been for the property owners to pay their costs based on the benefit that they received. The City's budget has not and does not include funding for works on private property but does for City owned lands and roads. Committee should also be aware that under the Drainage Act the initiating municipality can assess lands beyond the municipal boundaries that are deemed to benefit by drainage works. Recently, works have been undertaken by the City of Thorold and the Town of Niagara-on-the-Lake which resulted in assessments against both the CityofNiagara Falls and private property within the City. These assessments were paid for by the City and private property owners respectively. Pursuant to the Drainage Act, the next step in the process after the adoption of the Engineers's Report will be to schedule the Court of Revision meeting to decide on any assessment appeals. The passing ofa provisional by-law (two readings) which has been included in this evening's agenda for your consideration, is necessary in order to proceed. The details and design parameters are appropriately described in the attached Engineer's Report. Funding for the City's share of this project has been included in the 2006 Capital Works Budget being account 12-3-310002-030000. Your favourable consideration of this report is appreciated. ~~:. ~. spe fuU sn 1/-/17 t ! ohn MacDonald . Chief Administrative Officer Recomme~ c[ 't>1- - e ~ GeoffHol an, C.E,T. l: Manager of Development Community Services Department MW-2003-51 Municipal Works Ed Dujlovlc 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON 12E 6X5 web site: WNW.city. niagarafalls.on.ca .- (905) 356-7521 The recommendation(s) Tel.: contained in this report were Fax: (905) 356-2354 adopted in committee and E-mail: edujlovi@cily.niagarafalls.on.ca ratified by City Council March 17, 2003 Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Conunittee City of Niagara Falls, Ontario Members: Re: MW-2003-S1- Union Marsh Drain Petition RECOMMENDATION: It is recommended that the attached petition for the improvement of the Union Marsh Drain, which is in accordance with Section (4) of the Drainage Act, be accepted by Committee in order to proceed with the improvement ofthe Union Marsh Drain and the Niagara Peninsula Conservation Authority be notified of the impending project for comment. BACKGROUND: The Union Marsh Drain was first constructed under the provisions of the Drainage Act in 1928 and later improved by R. Blake Erwin for the Town of Willoughby some thirty (30) years later. The documents for these works, being the original by-law and report was not transferred from the Township offices when it was amalgamated to fonn the present City of Niagara Falls. A comprehensive report that was completed for the City detailing Rural Drainage problems identified this drain as being in need of repair. This is the continuation of the current program involving the improvement of rural drainage to the benefit of public and private lands. Once the petition is accepted by Committee and the decision is made to proceed with the drainage works as described in the petition, Committee shall, by by-law, appoint an engineer to commence with the design of the improvement works pursuant to the Drainage Act. Committee's concurrence with the above recommendation would be appreciated in order to proceed with the project. Working Together to Serve Our Community Municjpal Worl<s . Fire Services. Perl<s, Recreation & Culture . Business Development. Building & By-Law Services 'I March 17, 2003 -2- MW-2003-51 Prepared by: Respectfully submitted: (2A ~~Ui John MacDonald Chief Administrative Officer Approved by: ~~ Ed Dujlovic Director of Municipal Works Attach. S:\REPORTS\2003 ReportsIMW-2003-51 - Union Marsh Drain Petition.wpd 'I I , ~tcIpaI WoU' _ Potm 1M PETITION FOR DRAINAGE WORKS -.... .It",. T.M. M C...8lk ~"1oI 1- -.-.0. 1-'""P,17, ....(1)., BY ENGINEER OR ROAD SUPERINTENDENT -...0.1'"'-.... n4.......,. OR PERSON HAVING .JURISDICTION OVER ROAD Ed Dujlovic lIIenglneer D Road SuperlmendlJm o Person having ]uMClIcllon ewer road I. . . . . . . . . . . . . ~ . . . . . . . . , City Ni Fa1Is (asttuitcasemaybe11ort:hie......... ......... .-....... Of.. .~............... ...-...... ... ....... hereby petition lhallhe area more plll1iculat1y detoerlbed bolow may be drained by m......... of a drainage worlai. liC SCH1PTIDN OF ..'\RE!\ (At' ,Gft I..'xl'..., _ I',_d Ii rr..::q.drcd) Detenbeck Road, being east of Sod om Road between Lots 10 and 11, Concession 2, Willoughby (East Branch), and Bossert Road, being west of King Road between Lots 8 and 9, Concession 5, Willoughby (West Branch) in the City of Niagara Falls. to be !mown as the Union Marsh Drain. J------.- " - - - Niagara Falls, Ontario c.wd at. .. .., . . .. . . . .. . . . . . . . ... - . . . ............. . 17th March 2003 this. . . , "' . , .' dllY 01. . .. . . . .. .. . . . . . .. . . .. . ............................................... Engineer or Roed Supertntendtlnt or PenlOn havlnsa lurl.dlCtlOl"lo OY.f road Ed Dujlovic. P. Eng. Director of MunidpaI Works II ENGINEERING REPORT ,< UNION MARSH DRAIN 2006 City of Niagara Falls (Willoughby Township) Regional Municipality of Niagara January 30, 2006 File No. 03-039 K SMART ASSOCIATES LIMI1ED Kitchener Sudbury Englehart F:\03-Q39\ReporllFinaI\03-039-Reporl 01-30-06.000 ,. K. SMART ASSOCIATES LIMITED CONSULTING ENGINEERS AND PLANNERS KITCHENER . SUDBURY . ENGLEHART . RAINY RIVER 85 Mcintyre Drive Tel: (519)748-1199 Kitchener, Ontario N2R 1 H6 Fax: (5191 748-6100 January 30, 2006 File No. 03-039 UNION l\fARSH DRAIN 2006 City of Niagara Falls SUMl\fARY In January 2003 the Director of Public \y.arks far the City of Niagara Fall, signed a petition requesting repair and improvement of the Union Marsh Drain to ensure proper drainage far all City roads ",~thin the Union Marsh Drain watershed. On June 4,2003 the City of Niagara Falls ad,~sed that K Smart Associates had been appointed to prepare the report far repair and improvement of the Union Marsh Drain. This report is prepared under Section 78 of the Drainage Act RSO 1990, The recommended work to provide far the repair and improvement of the Union Marsh Drain is summarized as fo11o"\\-"'5: Main Drain McCredie Road to Willaul!hby Drive Work an the Union Marsh Drain will commence at McCredie Road (a closed road allowance in the Legends of Niagara golf course - Lot 18-19, Concession 1, Willoughby), The fIrst 425m requires a minor bottom deanaut. On the remaining 650m upstream to Willoughby Drive excavation is required to re-establish a defined channel. No work is recommended downstream of McCredie Road as there is a well defined channel da",nstream fram McCredie Road and the water level at McCredie Road appears to be a static water level equal to the water level in the Niagara River. Willaughb~- Drive to JI,{ilJer Road .Minor work required, minimal bottom excavation mostly in spot locations. Work will be mainly to remove debris from the existing channel. A 10m ",~de path will be deared along one bank to permit work. East Branch Drain deanout is required on of the entire length of the East Branch from the outlet into the Main Drain upstream to the head of the East Branch at the northeast limits of the QEW just west of art Road (untrayelled road allowance). Depth of deanout will vary from 200mm to 500mm. A 10m ",~de path will be deared along one bank to permit the work. An existing farm access culvert near at the Lot 11-12 lot line in Concession 2 (Station 1 +265) is to be replaced ",~th ""in 1400 diameter corrugated steel pipes by 12m long, An existing undersized access culvert in the channel along t.':te south side of Bossert Road (Lot 8, Concession 3) will be removed. Substantial deanout will be required through the Detenbeck and Bossert Road culverts. Minor deanout ",ill be required through the Marshall, Sodom and Ort Road culverts, T tendle Branch This branch is located along the north side of the QEW in Lot 7, Concession 3. Bottom deanaut depth ",ill range from 100mm to 300mm. West Branch Drain cleanout is required on the \Vest Branch from the outlet into the 1-'Iain Drain upstream to the north limits of the Brouillette property in Lot 7, Concession 5, Depth of deanaut will average 250mm. In same locations no bottom excavation ",ill be required. In many locations it ",ill be necessary to dear the channel crass-section of all brush and fallen trees. A 10m wide path ",ill be deared along one bank to permit the work. Minar deanaut may be required through the road culverts an the West Branch. No deanaut is required on the QEW culvert. S CQnsulllno F:\03 _039\Report\Final\03~039-Rcport 01-30-06.doc Engineers of Qr:toVIO Ernail: info@ksrnart.an,co www.ksrnart.an.ca II Union Marsh Drain 2006 Page 2 January 30, 2006 City of Niagara Falls Total length of drain to be cleaned Ollt: t2,507m Main Drain 3,2S0m; East Branch 3,838m; Trendle Branch 580m; West Branch 4,839m The estimated cost of the project is $264,400. The Union Marsh Drain "ratershed is approximately 1,540 ha (3,805ac). Schedule A shows the assessment of the total estimated cost for the Union Marsh Drain 2006 to the affected lands and roads. Under Section 74 of the Drainage Act the City of Niagara Falls \vill be responsible for maintaining the Union Marsh Drain 2006 in accordance with the maintenance provisions in this report (refer to page 12). Schedule B will be used to prorate future maintenance cost on the Union Marsh Drain 2006. Schedule C ",ill be used to prorate the final cost for the Union Marsh Drain 2006 (refer to page 12), Schedule C illustrates estimated net assessments after deducting grants and allowances where applicable DRAIN HISTORY A review of City of Niagara Falls records on the Union lVIarsh Drain provided the following history on the drain. . The Union r...Iarsh Drain was originally constructed under ~'illoughby To..vnship Bylaw 1014 which was adopted April 6, 1929. A copy of this bylaw or the Engineer's report could not be located. Other reference noted that the 1929 Engineer's report provided for improvement of the Union n.rarsh, P. Ort and Sodam Road Drains. . In 1941 \Villoughby TO"l!lship requested R Blake Erwin to update the assessment schedule from the 1929 Bylaw and to address a petition from the Department of Highways for improved drainage outlet for the QE~.. R. Blake Erwin submitted a report dated November 11, 1941 which was adopted lUlder W~tlloughby TO'W"'Ilship Bylaw A-56 on December 29,1941. . The 1941 report primarily provided for improvement to what was knOW'l1 as the Sodom Road Branch (identified as the East Branch in this report) to provide improved outlet for the QE~r, The Sodom Road Branch was improved up to the north side of the QEW. It appears that in the 1929 report the Sodom Road Branch may have continued south of the QE~' but this cannot be confirmed. In Lot 7 and 8, Concession 3 N"'O new branch drains were to be constructed to provide further outlet for the QE\,{', The first was the Trendle Branch which commenced at the Bossert Road crossing and continued southwesterly across Let 7 to the north side of the QE~r, The second was the Concession Road Branch which continued south along the east side of Ort Road to the north limits of the QE~r. (\V'hen the la.!1d in Lot 7 was taken over for an airfield ne:u the end of\"Vorld ~'ar II the Sodom Road Branch and the Trendle Branch were combined into one ditch which continued upstream around the perimeter of the airfield property as exists today. This relocation was not done under an Engineer's report.) The 1941 report pro..."'ided for a new culvert on Bossert Road on the East Branch and provided for repair on the ~fain Drain in Lot 18, Concessions 1 and 2, The 1941 report provided for a new schedule of assessment for the Union ~farsh Drain and indicated previous expenditures on the ~rain Drain (now show'l1 as the West Branch) would also be assessed out under the 1941 report, . Correspondence.in the file indicates that ~illoughby Township had requested R. Blake EN-1n to prepare a report for the need for a deanout of the i\fain Drain (\V'est Branch) in the area of Lot 13 and 14, Concession 4. No report, plan or profile could be found for this work but couespondence indicates that a contract for the work was to be let in i\Iarch 1941. The extent of the deanout on the ~'est Branch in 1941 could not be determined. . Correspondence in the file indicates that.in 1956 \",,'iUoughby TO'W"'l1ship received a request from Lots 11, 12, and 13, Concession 4 for a cleanout of the Union 1.-Iarsh Drain and council requested a report from R Blake Ern-in for this cleanout. No record of the report 'W"'aS found but information in the file indicates a tender call for 3.4 miles (5.5 km) of ditch deanout with a contract for this work awarded to Vernon Beam in ~oYember 1957. Records in the file indicate that this deanout was completed by the end of 1959 and the cost of the cleanou! was assessed out using the schedule in Bylaw A-56 from 1941. . Remaining correspondence in the file from 1960 to present indicates some investigation completed on the Union ~farsh Drain but no record of any work being completed on the drain. ON-SITE MEETING On October 23,2003 an on-site meeting for the Union Marsh Drain was conducted. All owners in the Union Marsh Drain watershed plus the Conservation Authority, Fisheries and Oceans Canada, Ministry of Natural Resources, Niagara Parks Commission, .Ministry of Transportation, the Regional Municipality of Niagara and the City of Niagara Falls were notified. The on-site meeting was attended by many of the F:I03-039IReportlFinalI03-039_Report 0 j-30-06.doc Union Marsh Drain 2006 Page 3 January 30, 2006 City of Niagara Falls landowners within the Union Marsh Drain watershed. Owners present confirmed that the Union Marsh Drain has not been maintained for many years. Some owners noted that the drain has become ove:rgrownin many locations and should be cleared and cleaned out. Isolated areas of flooding and poor drainage were noted by several landowners along the drain. SITE EXAMINATION and SURVEY The Union Marsb Drain was examined on-site commencing at McCredie Road (closed road allowance in the Legends of Niagara Coif Course). The length of drain from this ~oint upstream to the tributary junction point to the south of Miller Road is referred to as the Main Drain~ The tributary that continues south from this junction point was originally referred to as the Sodom Road Branch but has been renamed the East Branch. The tributary that continues westerly from this junction point was originally referred to as the Main Drain but has been renamed as the West Branch in this report. A profile survey was completed on the Main Drain from McCredie Road to the junction of the East and West Branch drains. Elevations and water levels were also recorded downstream of McCredie Road at the bridge on the roadway within Legends of Niagara Golf Course and at the bridge on the Niagara River Parkway at the outlet of the watercourse into the Niagara River. A profile survey was completed on the East Branch to Bo~sert Road along the route of what was previously the Sodom Road Branch. TheEast Brancbsurvey was then continued westerly along the channel that continues around the north and west perimeter of the large parcel in Lot 7 and 8, Concession 3, ending at the northeast limits of the QEW at what is considered to be the head of the original Sodom Road Branch. A survey was also completed on the channel that continues southerly along the west limits of Lot 7 and along the north limits of the QEW to what is considered to be the head of the original Trendle Btarich. In this report this channel is referred to as the Trehdle Branch. A profile survey was completed on the West Branch from the Main Drain outlet southerly to the south limits of the Bronillette property in Lot 7, Concession 5. The historic record for the Union Marsh Drain would indicate that the Main Drain (now the West Branch) ended at the line between lots 5 and 6; Concession 5 to the south of the untravelled Sherk Road road allowance. This latter length of drain was not surveyed.s there was no request for improvement on this part of the West Branch. WATERSHED The perimeter limits of the Union Maish Drain watershed was established based on the available records for the 1941 report on the Union Marsh Drain. This perimeter watershed was then compared to more tecent adjacent drain watershed boundaries and compared to the watershed boundary evident on available topographic maps. In some locations site examin.tion was required to confirm the watershed boundaries. The Union Marsh Drain watershed contains a wide range of landuse including cultivated agriculturalland, vacant or idle agricultural land, woodlots and numerous small residential lots. A number of road allowances exist within the watershed' some of which are open and travelled and others which remain U11openedandjor untravelled The Queen Elizabeth Way (QEW) passes through the southwesterly part of the watershed. AUTHOIDTVFOR,REPORT Section 78. oEthe Drainage Act provides fottherepair and lrnptoVeme1it ofab existing drain constructed under the Drainage Act throUgh a new Engineer's report The Union Marsh Drain was previously constructed under the Praiaage Act and it has been determined from the on"site meeting and site examination that the Union Marsh Drain does require repair and improvement. The petition Py the Director of Public Works for the CityofNiagaraFalIs further supports the need for repair and improvement of the Union Marsh Drain. Therefore, this report is properly initiated under Section 78 of the Drainage Act. . F:\03-l139\RcportIFina1\03-039-Report 01 ~3o-06,doc II I! Union Marsh Drain 2006 Page 4 January 30, 2006 City of Niagara Falls DESIGN CONSIDERATIONS The work proposed on the Union Marsh Drain is intended to maintain the drain to the depth and grade established under the Engineer's reports from the early 1940s. Though profiles from previous Engineer's reports were not available in the City file for the Union Marsh Drain it is felt that the grade lines established in this report for the Main Drain and the East and West Branches are close to the approximate grade and drain depth as had been established under the previous Engineer's reports. Ths conclusion is based on the proposed grade line matching existing ditch bottom elevations at many of the road culverts along the Union Marsh Drain. For example on the East Branch the proposed grade ;natches the existing ditch bottom or culvert invert at the Marshall, Sodom and Ort Road culverts. The same applies on the West Branch where, the proposed grade matches the existing ditch bottom or culvert invert at the Sodom, Marshall and QEW culverts. The grade line established on the profiles for the Union Marsh Drain indicates that the cleanout depth will vary from 200mm to 500mm which illustrates that a unifonn channel bottom grade is required to efficiently carry the channel flow and help prevent flooding along the drain which may occur presently due to the erratic i existing channel grade. Site examination also indicated that extensive clearing is required in many locations along the Union Marsh Drain to ensure that the channel cross-se<;tion is free.of brush, fallen trees and other debris which greatly impedes the flow of water and can lead to flooding. along the drain. It was det=ined .that no work would be required from McCredie Road downstream to the Niagara River as a well defined open channel currently exists on this length and the water level elevation at McCredie Road is identical to the water level at the Niagara ~er. One farm access culvert on the East Branch on a property owned by 708020 Ontario Ltd. in Lot 11, Concession 2, identified by assessment roll number 002-179 was found to be undersized and needs to be lowered approximately 300mm to match the design grade proposed. Ths culvert will be replaced with twin 1400mm diameter corrugated steel pipe. A second undersized culvert which is also above the design grade was noted on the East Branch in Lot 8, Concession 3 on the south side of Bossert Road on a property owned by Old Willoughby Realty. The access laneway over this culvert is no longer used so this small culvert will be relnoV'ed and not replaced. One new farm access culvert was requested on the West Branch on a parcel owned by Jeffery Susin, Lot 14, Concession 3 identified by assessment roll number 003-145-01. A 1400mm diameter corrugated steel pipe culvert would be required in this location. The farm access culverts were designed for a 2 year stonn frequency using the Rational Method for flow calculations. All road culverts were det=ined to he adequate and most culverts only require a minor clewout through the culverts. Only the Detenbeck and Bossert Road culverts on the East Branch require a substantial cleanout The cleanouts will serve to restore the design end areas of these two culverts Environmental Impact The most. significant environmental feature in the Union Marsh Drain watershed is the Willoughby Marsh, a provincialIy significant wetland located at the headwaters of the Tee Creek Drain, the Black Creek Drain and the Union Marsh Drain. Designation of lands as part of the Willoughby Marsh was noted along the West Branch of the Union Marsh Drain south of the QEW. The cleanout proposed in this report on the West Branch is not expected to have a significant impact on the Willoughby Marsh as iUs lioe{l1'oposed to'.oeepel1Y' . the West Bran<:l:>, o~y to l'I)a~<:I:>J:he /WIde '!l;"es1;;lplis)1ed UOd<;rI'reviousEngineer's reports. The channel gradient .south of tl1e QEWisO.04o/<; and north Qfthe'QEW is 0.05% C!." per 100' faII).Only a minor., bottom cleanout (200m.m depth on av<;rage) is required on the West Branch south of: the QEW. The . primary. maintenance activity south of the QEW is to maintain a channel crossesectiotf clear of brush and fallen debris. Also, approximately 700m of the upper end of the Union Marsb Drain West Branch will not have any work done on it under this report. Nat:w:aI storage areas that exist at present on the West Branch will remain after the cleanout These natural storage areas exist downstream of Boss err, Marshall and Ort Roadi. F:\03-039IReportlFinal\03-039-Report 01-30-06.OOc , Union Marsh Drain 2006 Page 5 January 3D, 200.6 City ofNiaga<a Falls On the Union Marsh Main Drain the grade line proposed in a number oflocations is above the existing channel bottom, These areas will serve as sediment traps and maintain areas of refuge for aquatic species during periods of low flow in the <hain. Current landuse along all parts of the Union Marsh Drain results in a vegetated buffer along both banks of the channel. In a few areas where cultivation of agricultural land occurs along the drain the cultivation is well back from the top of bank of the ditch or is in areas where runoff from the field would not enter direcdy into the channel. No livestock pasturing was observed along the drain where livestock would have direct or unrestricted access to the <hain. It appears unlikely that this char.acteristic of the drain will change in the future, therefore, it was determined to not be necessary to establish buffer strips along the Union Marsh Drain. Construction timing and sediment control during construction may be required to ad<hess concerns of the Department of Fisheries and Oceans. Overall, the maintenance work proposed on the Union Marsh Drain should not have a negative impact on the local environment. The maintenance work proposed will have a positive inlpact on <hainage along the drain which will have a positive impact on the agricultural and residential lands along the drain and within the Union Marsh Drain watershed. The Niagara Peninsula Conservation Authority will receive a copy of this report for further review and comment. SECOND SITE MEETING On March 3, 20.0.5 a second site meeting was conducted. All landowners in the watershed of the Union Marsh Drain wqe notified alollg with. th~ .conservation Authority, Fisheries and Oceans Canada, Ministry of Natural ~esour~es, Niagar", ~iver, Park~ CoIrJID,issiqn, Ministry of Transportation .and the Regional Municipality of Niagara and the City of Niaga<a Falls. The purpose of the second meetingwastor~"", the findings and recommendat!()ns to-date based on the survey work completed Owners had a opportunity to review and comment on .the proposed work. A preliminary total estimated cost was also presented at the meeting along with. a preliminary schedule of assessment showing the assessment of the cost to the lands and roads within the Union Marsh Drain. watershed. No major objections to the work proposed were noted at the site meeting. . RECOMMENDED WORK As a result of the on"sit~ meetings, on-site exatnin,ation and survey and the design considerations the following work isrecoffi1l\ended for the repair and improvement of the Union Marsh Drain: Main Drain The Main Drain cleanout is to commence IDDm upstream from the McCredie Road bridg~in the Legends of Niagara golf course and continue upstream to the junction of the East and West Branches south of Miller Road From Willoughby Drive downstream for 600m substantial excavation is required to create a 4m wide low flow channel to match th~ existing channel upstream and downstream of this point. ,On.the balance of the Main Drain only a minor bottom cleanout is required along with removing all brusb and debris from the channel cross-section. ~o work is recommended downstream of McCredie Road as there is a well defined channel downstream from McCredie Road and the water level at McCredie Road appears to be a static water level equal to the water lev~ in the Niagara River. EastBranch>" <.- ',' "", ,,"':;"':" , ,.>:-----( The EastBfl!11.chist().9~.cl~edout,fr()I11WeMahl.:qrajn.oudet upstream ,to the northeast Jimit~ <;lfthe QEW just to the west of art Road'(untravelled)'in Lot 8, Concession 3. Cleanout depth on the East Branch varies from 2DOmm to 5DOmm and is continuous throughout. Twin. 14QDffi1l\ diameter !'()l'tI!gated s.teel pipes by 12m long to be installed to replace the existing farm crossing atStat!olllt259 to.1t271.This culvert is located on. a parcel identified by assessment roll number 0.0.2-179 owned by 70.80.20. Ontario Ltd. A 3Do.mm diameter culvert at Station 2+918 on a parcel owned by Old Willoughby Realty LId will be removed as the existing culVer! is undersized, does not mate\:> the design grade proposed and the access laneway is not used. F:\03-o39IReportlFina1\03-o39-Report 01-30-o6.doc II Union Marsh Drain 2006 Page 6 January 30,2006 City of Niagara Falls The original East Branch channel from Bossert Road to Ort Road was located well to the south of Bossert Road on the property owned by Old Willoughby Realty- Roll # 001-141. nus channel has been abandoned and filled in and replaced with a channel along the north and west limits of the property to the Ort Road culvert. nus original channel is hereby abandoned of status under the Drainage Act with the channel along the edge of the property recognized as the East Branch. The relocated channel along the east side of Ort Road (untravelled) also replaces the Concession Road Branch from the 1941 report on the Union Marsh Drain. The Concession Road Branch of the Union Marsh Drain is hereby abandoned of status under the Drainage Act. " Trendle Branch A 1941 report on the Union Marsh Drain provided for a the Trendle Branch to be constmcted as a ditch from the Bossert Road crossing southwesterly across the property owned by Old Willoughby Realty _ Roll # 001-141 to provide oudet for a culvert across the QEW. nus channel has been abandoned and filled in and replaced with a channel along the west limits of the property from the QEW culvert north to the East Branch at the Ort Road crossing. The original Trendle Branch is hereby abandoned of status under the Drainage Act and the existing channel along the west edge of the property to be recognized as the Trendle Branch. nus channel is to be cleaned out from the East Branch upstream to the point at which the channel enters the QEW road allowance. West Branch Th~ West Branch is to be cleaned out from the Main Drain oudet Upstream to the south limits' of the Brouillette property in Lot 7, ConcessiOn 5 - Roll # 00<\.080. From the MainDrain to the QEWthe cleanout depth will vary from 20Otnmt0500mm. The cleanout will not be continuous.. in many locations the existing channel bottom is at or below the proposed gbide. From the QEW south for 300m a minor bottom cleanout (150mm depth) is required No excavation work is ' currendy recommended for the balance of the channel south to Bossert Road across the MacDonald property (Roll # 00<\.058-01). The need for a bottom cleanout on this interval will be determined after the existing channel is cleared during construction. The West Branch south of Bossert Road is to have a cleanout with an average cleanout depth of 20Otnm. Primary work on this interval will be to clear the channel cross-section of all brush and fallen debris. The estimated cost for a new crossing for Jeffery 8usin (west part of the north part Lot 14, Concession 3- Roll # 003-145-01) was presented to Mr. SU5in prior to completing this report. Mr. S6sin elected hot to have a culvert installed under this report If a culvert is installed onthis property it should be a 1400tntn diameter pipe or any other type of crossing that will have an end area equal to that for a 1400mm diameter pipe (1.5 square metres or 16 square feet). Constmction Methods Throughout the length of the cleanout work on the Union Marsh Drain it will first be necessary to clear a 10m wide path along One bank of the channel and to clear all brush and fallen debris within the channel cross-section. Gearing to be completed with ail excavator equipped with a brush cutter or a grapple; Where possible large trees that do not interfere with the cleanout work can remain. Large trees that need to be ' removed will be cut flush with the ground either by chain saw or tree shear. The stump will not be rehioved. Stump removal would only be required when the stump will interfere with excavation within the channel. Large trees removed will have all limbs removed The rem~tree is to be cut into 2-3m lengths1'ifdleFt piled aldug the cleared path. All brush to be chipped usmg 'a portable chippet or an excavator mounted. btush .cutter. The ditch cleailout work will be done with an excavator equipped with a ditching or grade-all type bJcket.. Where possible bank slopes are to remain undisturbed However, in many loCations in order to create. a unifonn channel cross-section some sloping of one or both banks will be required No channel widerung should be required for the cleanout proposed New channel bank slopes and leveled excavated material is to be mailually seeded as constmction proceeds. F:\03-lJ391ReportlJ'ina1\03-lJ39_Report OI-3D-06.doc 0 Umon Marsh Drain 2006 Page 7 January 30, 2006 City of Niagara Falls Additional detailed information on the clean out wotk proposed is outlined in the Construction Notes on Drawings 16 and 17 with this report and on the various profile and cross-section drawings included with the report. Construction Schedulin~ Construction cannot commence until after the statutory requirements of the Drainage Acthave been satisfied. If there are no appeals after the Court of Revision, constructiotlcould COmmence, weather permitting, approximately three months after the date of this report. Appeals under the procedures in the Drainage Act could result in a later starting date as no construction.,.can take place until all appeals are settled No construction can take place until all necessary permits have been obtained through the Conservation Authority / DFO. Once construction commences, if the work is proceeded With continuously, it should be completed in approximately 45 working days. The Engineer may supervise the construction of the drain and may conduct at least two meetings with the contractor and landowners affected by construction: at the commencemerit and completion of construction. The contract for construction of the drain will be awarded by public tender. Unless construction commericement and completion dates are requested prior to the tender call the Contractor will specify in the tender the starting and completion dates for construction. DRAIN LOCATION AND WATERSHED PI..AN The location of the Union Marsh Drain and all of the affected prop~esideritified by assessment roll numbers are shown on Drawing No.1 included with this report. Drawings No.2 and 3 are en1argements of the North and South portions of the watershed A heavy solid line indicates the location of the channelsto be cleaned out under this report. The numbers adjacent to,.the;.lines;aJ:eStationnumbe~s,iWhich indicate in mettes the distance along the drain from the outlet. The heavy broken line indicl'tes the approximate perimeter watershed boundary for the Union Marsh Drain. The plans also show other existing drains, property boundaries, City assessment roll numbers, property ownets' nameS from the assessment roll at the time of this report and hectares affected for each parcel. PROFILES and CONSTRUCTION DETAILS The profiles for the Union Marsh Main Drain, East Branch, TreridleBranch and the West Branch.are shown on Drawings No.4 _ 12. The profiles show the depth and grade of the proposed drain. inipi;ovements. The upper solid line represents the existing top of bank ground elevation. The dashed line indicates the existing. ditch bottom elevation. The lower heavy solid line is the proposed grade line for the bottom of the ditch. The numbers above the profile line for the existing ground indicate the depth of the ditch in mettes after the clean out and the numbers below the existing ground line indicate the depth of th.e cleanout from the existing ditch bottom to the new grade line. Drawings No. 13 _ 15 contain typical cross-sections at various points along the Union Marih Drain:. Typic:.! construction details for new access culverts are shown on Drawing No. 13. Drawings No. 16 and 17 contain specific and general notes for construction. COST ESTIMATE The cgst estimate on this proje~t consists of the allowances to oWnerS h"ving w:grk onth#:'prop~es, the construction cost including contingency items, the engineering cost and anestfrrutte of the administration cOst which is primarily for interim financing. . Allowances Section 29 of the Drainage Act provides for the payment of allowances for right of way to landowners whose n n _ .. propeEty becomes part of the drain to be constructed In this report the 10m wide working area is to become a permanent easement along the drain to allow for future maintenance. Each owner is granted an allowance for right of way based on a 10m width at a rate of $1,500 per hectare. F:\03_039IReportlFinal\03-o39-Report OI-30-06.doc II Union Marsh Drain 2006 Page 8 January 30, 2006 City of Niagara Falls The allowances under Section 29 payable to the owners entided thereto on this project are as follows: Main Dr West Br East Br & Total Ym !m RoUNo. Owner Trendle Br I 18 209400 Niagara Parks Commission 600 600 I 18 209500 City of Niagara Falls 50 50 I 18 209600 Niagara Parks Commission 800 800 I 18 209700 Barry & Heather Trendle 50 50 , I 18 212200 Milena Jovicic 100 100 II 17,18 215101 563272 Ontario Ltd. 700 700 II 17 215600 Gary Landry 300 300 II 15 &16 215900 Rosina Costa 700 700 II 16 216300 Carl Adams 660 600 II 15 216400 Grand Niagara Legends Est. 700 700 II 14 216600 Wilfred & Maria Weber 300 200 500 1,000 II 13 216900 Rosanne Federow 200 200 II 13 216902 L. Knofe & J. Herrmannhans 400 400 II 12 217100 Jovo &Hajko l\IIaslek 300 300 II 12 217700 Ralph Biampnte' 300 300 II 12 . 217703 Richard & Donna Chamberlain 200 200 II 11 217800 SteVen&'Heather Barnett 400 400 II 11 217900 708020 Ontarid Inc. 300 300 II 10 218200 Natale & Lana Giampa 200 200 II 9 218500 Olga & Norman Watson 100 100 II 9 218503 Bertram & Susan Watson 100 100 II 9 218600 TransCanada Pipelines Ltd. 400 400 II 10 219000 Catharine Lapenna 200 200 II 10 219100 Frank Lapenna' 200 200 III 15 314300. Gaston & Madeleine Jeaurond 400 400 III 14 314501 Jeffery Susin 1,300 1,300 lit 9 317600 Old Willoughby Realty Ltd. 500 500 lit 7,8 114100 Old Willoughby Realty Ltd. 2,200 2,200 IV 13 319300 Gertrude Locher 900 900 IV 12 319500 Robert Thiel 700 700 IV 11 319600 789702 Ontario Ltd. 900 900 V 11 322400 Ryszard & Alice Rydygier 100 100 IV 8 402000 Old Willoughby Realty Ltd. 200 200 V 10 40"'701 HllrlsZaPP. '. ......3,,99 30() V 10 404900 Ryszard & Alice Rydygier 300 300 V 9 405801 Gregory&Pamela MacDonald 700 700 V 8 407800 Vera Bowman 500 500 V 8 407801 Clifford & Brenda Ballinger 100 100 V 8 407901 Richard & Laurel Waldick 100 100 V 7 408000 R. Levesque & J. Brouillette 400 400 $ 4,900 $ 6,900 $ 6,700 $ 18,500 F:\03-039\Report\Fina1\03-039-Report OI-30-06,doc Union Marsh Drain 2006 Page 9 January 3D, 20.0.6 City of Niagara Falls Section 30 of the Drainage Act provides for payment of allowances to landowners along the drain for damages to lands and crops caused by the construction of the drain. No allowance for damage to crops is provided for in this cost estimate due to the allowance for right of way outlined above and since the work proposed will not directly impact on any cropped land along the route of the Union Marsh Drain. The allowances are a fixed amount and are not adjusted at the conclusion of construction. Allowances can only be changed if the report is modified prior to adoption of the report by bylaw or in accordance with the paragraph in this report that deals with changing the scope of work after the bylaw is passed In accordance with Section 62(3) of the Drainage Act RSO 1990, the allowances.$hown may be deducted from the final assessment levied (see Schedule C). Payment to the owner would ouly be made when the allowance is greater than the final assessment CONSTRUCTION COST ESTIMATE The estimated cost for Labour, Equipment and Materials to construct the proposed drain is outlined in detail in the following section. The final cost of drain construction cannot be established until the construction is completed. The Contractor is to supply all labour, equipment and materials to construct the following: Interval Work description ~ Main Drain McCredie Road to Willoughby Road 100 to 1+074 Mjnor clearing, bottomcleanout, excavate new low flow channel $ 14,000 Willoughby Road to Branch junction 000 to 2+176 Clear a 10m.wide path. Remove debris from channel, bottom cleanout 31,400 Minor cleaning through 2 concrete road culverts 1 00.0 Subtotal Main Drain $ 46,400 East Branch Main Drain junction to Marshall Road 000 to 731 Clear 10m wide path, remove debris from channel, ditch cleanout $ 10,20.0 713 to 729 Minor cleaning through concrete road culvert 50.0. Marshall Road to Detenbeck Road 850. to 1+693 Scattered clearing, remove debris from channel, ditch cleanout 10,200 1 +259 to 1 +271 New access culvert on 708020 ant Inc. property _ Rtmove existing arch esp, excavate for nelV pipei S 500 - Twin (2) 1400mm dia. aluminized esp I[y 12m 5,400 _ Partial ne", Granular A iUrface (10 t) 200 - Install pip.. and backfill 1,500 _ Suppfy and in.rtall riprtip end treatment (12 t) 600 . Uptream and.dfj"'n.rtream channel tran.riti= 0Qfl 8,700. 1 +688 toH;693 Clean through 3m wide conctete CulVert 1,000 Detenbeck Road to Sodom Road 1 +698 to 2+510 Clear 10m wide path, remove debris from channel, ditch cleanout. 15,800 Sodom Road toQEW 2+5tO to 3+838 Minor clearing, ditch cleanout 8,900 2+832 to 2+852 Clean through 3m wide concrete road culvert. 1,000 F:\03-039\ReportlJ'ina1\03-Q39-Report OI-30-06.doc II I Union Marsh Drain 2006 Page 10 January 30, 2006 City of Niagara Falls 2+915 Remove and dispose of existing 300mm culvert. 200 3+709 to 3+718 Clean through one 900mm diameter concrete culvert 500 Subtotal East Branch $ 57,000 Trendle Branch 000 to 580 Bottom clean out $ 4,100 West Branch Main Drain junction to Ort Road 000 to 1 +150 Clear tOm wide path. Remove debris from channel $ 14,700 Minor cleaning through two road culverts 600 1 +150 to 1 +392 Minor cleanout working within the channel 1,200 1+392 to 1+411 Minor cleaning through concrete road culvert 300 Ort Road to QEW. 1+411 to 3+507 Clear 10m wide path, remove debris from chanhe~ bottom cleanout 15,800 QEW to south limits Brouillette 3+507 to 4+839 Clear 10m path, remove debris from channe~ bottom cleanout 17900 Subtotal West Branch $ 50.500 Subtotal Construction $ 158,000 Contingencies - Lump sum allowance for miscellaneous work including sediment and erosion control as required during construction $ 15.100 TOTAL CONSTRUCTION COST ESTIMATE: $ 173,100 ENGINEERING COST ESTIMATE Rc:port Prc:paration Gather background information, prepate for and attend on-site meeting, profile survey and site examination,. prepare profiles and cross-sections, drain design, cost estimate, assessment schedules, specifications, second site meeting, write report, prepare assessment schedules, construction specifications and drawings, prepare for and attend open house, report consideration before Council and court of revision. Total Report Preparation $ 49,500 Construction Administration & Supervision Assist with tender documents and tender call, review tenders, attend pre-construction meeting, periodic construction inspection, payments, final inspection; post construction follow.up, revi~ grant application Total Construction Administration & Supervision S 17 500 TOTAL ENGINEERING COST ESTIMATE. $ 67,000 The cost for report preparation is usually not altered at the conclusion of a project unless the. report is referred back or the report is appealed to the Drainage Tribunal. The estimate shown for Construction Supervision is based on past experience and assumes good cClnstruction conditions and a Contractor who completes the construction in an efficientmannet. The final cost for construction supervision will vary as per the actual time spent during the construction phase. F:I03-039IReportIFinaII03.Q39-Report OI-3Q.06.doc Union Marsh Drain 2006 Page 11 January 30, 2006 City of Niagara Falls ADMINISTRATION COST ESTIMATE The administration cost estimate is included to cover items listed in Section 73 of the Drainage Act as eligible drain costs. The main aspect of this cost estimate is to provide for financing until the project is completed The interest estimate for this financing is based on a past record of interest charges and assumes that a project will be completed within one year of report filing. The administration cost estimate can also cover municipal cost for printing and mailing this report and the bylaw. The administration cost estimate does not cover legal expenses incurred by the Municipality or assessed to the Municipality should the project be appealed beyond the Court of Revision, though such costs if incurred will form part of the final drain cost. ..-" TOTAL ADMINISTRATION COST ESTIMATE $ 5,800 ESTIMATED COST SUMMARY Allowances $ 18,500 Construction Cost $ 173,100 Engineering Cost $ 67,000 Administration S 5800 TOTAL ESTIMATED COST $ 264,400 ASSESSMENTS The Drainage Act requires that the total estimated cost be assessed to the affected lands and roads under the categories of benefit (Section 22), oudet liability (Section 23), injuring liability (Section 23), specialbenefit (Secti,on 24) and special assessment (Section 26). On this project assessments for benefit, oudet liability and special peoefitassessments areinv;qlv:ed. To calculate the assessments for the Union Marsh Drain 2006 the drain was first divided into intervals. The intervals used for the calculations are similar to the intervals contained in Schedule B. The estimated cost for each interval is then detennined. The first step in the assessment calculation is to apply benefit and special benefit assessments, if applicable, to the affected lands and roads in each of the drain intervals. After deducting the total. benefit and special benefit assessments from the interval cost, the balance of the cost is then assessed as oudet liability on a per hectare basis to aU upstream lands and roacls. The hectares affected are adjusted before calculating the oudet liability. The basis for this adjustment is 1 hectare. of cleared agricultural land contributing both surface anclsubsurface water to the drain. Areas which generate greater runoff such as roads and developed lots are increased by a factor of 2 to 4. Areas which generate less runoff such as woodlots are reduced by a factor of O.S. The calculation spreadsheet as described above is not included in the.report but a copy is available upon req"fest. Assessment ~nmt1la.t:y The assessments against the affected lands and roads are summarized in Schedule A. In Schedule A each parcel of land assessed has been identified by the As~essment Roll Number for the municipality at the time, of the preparation of this report. The size of each parcel was established using the assessment roll information, For convenience only, each parcel is further identified by the owner's nameJrom the la~t revised assessment roll GRANTS "".,',, ....!) .,...,....-.....,..>.... -,:-', ,.:...-'...., -:-,.,.;,':,' ..:-.,',::', ,>,'< : .~ -': ..:.:.:...,>........,:: ,-: In accordance.~!Ath~.pr~visi?ns ofS<;ctlqp~,5of tb.!(;Dramage Ast,a graotl1ot exseeding 1/3 may be available on the assessments against privately qwedParcels of land which are used for agricultural putposes; In July 2004 OMAF withdrew the 1/3 grant. In Febmary 2005 OMAF reinstated the 1/3 grant but established!l"", policy on grant eligibiljtyvffijch was published in September 2005. O~ policy states that for agricultural lands to be eligible for the 1/3. grant atleast 85% of the assessed parcel area, roust)ave the Farm Property Tax Class including a Managed Forest Tax Class in the current assessment roll information for the Municipality. Parcels that meet the above criteria and thus will be eligible for the 1/3 grant have been identified with an asterisk (*) in the Concession column in Schedules A and C, Ibis designation is based on City of Niagara Falls assessment roll information reviewed during the preparation of this report. Section 88 of the Drainage Act provides for the municipality to apply for this grant upon certification of completion of F:\03-039'ReportlFina1\03-039-Reporl 01- 3o-06.doc II Union Marsh Drain 2006 Page 12 January 30, 2006 City of Niagara Falls the drain provided for in this report. The municipality will first confinn the Farm Property Tax Class (or Managed Forest Tax Class) for the parcel in the current assessment roll, then deduct the grant from the actual assessment prior to collecting the final assessment. If an assessed owner feels that their property should be eligible for the grant and they can provide .proof to the municipality of this eligibility as outlined above prior to the final cost levy then the property could have the 1/3 grant deducted from the final cost levy. Please note that OMAFRA retains the final right to determine eligibility under the grant program, regardless of designation herein. In accordance with Section 85 of the Drainage Act, a grant not exceeding 1/3 may also be available in the future on the assessments against privately owned parcels of land used for agriculture for maintenance and repair of the Union Marsh Drain 2006 if done on the recommendation and supervision of an approved Drainage Superintendent and using the same eligibility requirements as outlined above. The Federal Goods and Services Tax (GS1) will apply to most costs on this project. However, the municipality is eligible for a 100% refund on GST paid, therefore, the cost estimate in this report does not include any reference to GST. FINAL COST Final assessments are not levied until after the work is certified complete by the engineer. The final assessments will thus be levied to the owner of the identified parcel at the time that the final cost is levied. Schedule Cwill be used to levy the final cost of the drainwhich'thayvary, depending on final construction and engineering costs. As noted in the cost estimate section for:allowances, the allowances shoWn will be deducted from the final assessment levied. Also as noted above in the Grants section, properties which are eligible for the 1/3 grant will have this grant deducted from the final cost if the property is eligible for the 1/3 grant at the time of the grant application. MAINTENANCE After completion, the Union Marsh Drain 2006 as outlined in this report shall be maintained by the City of Niagara Falls, with the cost of all maintenance to be assessed to the upstream lands and roads protata with, the assessments in Schedule B. Schedule Bis divided into columns to reflect the different drain intervals upon which maintenance work may be undertaken. These column intervals assist in identifying upstream lands and roads to be assessed for future repairs. The dollar amounts shown in Schedule B are not amounts to pay under this report nor an ilmount to be paid for future repairs. If farm access culverts identified in this report require future structural repair, maintenance or replacement, 50% of the cost is to be assessed to the owner of the culvert and the other 50% is assessed protata to the upstream interval assessments excluding the owner of the culvert. Future structural repair or replacelllent of road culverts shall be assessed to the road authority. Removal of accumulated sediment or debris within all culverts shall be considered as normal maintenance and assessed as per other maintenance cdsts. All parties affected by the Union Marsh Drain are encouraged to periodically inspect the drain once constructed and report any visible or suspected problems to the City of Niagara Falls. Repeatedinspection and maintenance of the drain should allow the drain to provide a service for many years. Each owner must provide an access route to the drain for access by th~ M"FciPalityto ~d~e necessary repair or"O',' maintenance. As well, a right-of-Wliyalong thedrainiouteeqWiI f6theworking area described On tile dtawingswith this report, is also to be available fdi futittefuaintei1artce: CHANGES TODMIN AFtER BYLAW IS PASSED AND BEFORE COST IS LEVIED Should changes, 'deletions or extensions to the drain proposed in this teportbe requested or required after the bylaw is passed and the contract is awatcIed, there may be some difficulty in attending to such. Since this drain is to be constructed in accordance with a Bylaw of the City of Niagara Falls, changes to the drain cannot be undertaken without a change to the bylaw. An exception would be minor changes that are approved by the Engineer and the Municipality in accordance with Section E. 7 of the General Conditions, in the report and can be accommodated generally within 10% of the construction estimate. The above F:103-Q39\ReponlFinal103-Q39-Repon OI-31J-06.doc Union Marsh Drain 2006 Page 13 January 30, 2006 City of Niagara Falls statement does not apply to the items listed in the contingency allowance section of the cost estimate which may exceed the quantities listed and may cause the cost to increase beyond 100/0 of the construction estimate. The cost of minor changes tothe drain and increased cost from the contingency items may be prorated against some or all assessments as directed in this report. If it is desired to make a substantial addition or deletion to the drain proposed in this report, it will be necessary that a revised report be prepared and processed through the Drainage Act, or an application to the Ontario Drainage Tribunal would be required under the Drainage Act to obtain approval for any modification. 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I; ~ s ~ S < .. ~>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>i5~-J~~lg~j~~~s~~~ii~l~ j , I - '-'------ January 30. 2006 SCHEDULE C - Schedule for Actual Cost Bylaw File No. 03-039 UNION MARSH DRAIN 2006 City of Niagara Falls PAGE C1 Roll No. Estimated Actual minus 1/3 minus Con Lot (272513000-) Owner Assessment Assessment Grant Allowances NET II 7 111500 Estate of Frank Critelli & Mark Ramella 176 176 176 II 7 111600 Mary Godak & Louann Singleton 84 84 84 III 7 114100 Old Willoughby Realty Ltd. 12,759 12,759 2,200 10,559 III 7 114200 Arthur & Marilyn Kostuk 377 377 377 III 6 114300 Hans & Helga Zapp 1,062 1,062 1,062 III 6 114400 Barbara Elson & Richard Swol 236 236 236 I 18 203300 Niagara Parks Commission 2,500 2.500 600 1,900 17,18 209500 City of Niagara Falls 1~032 1,032 50 982 17,18 209600 Niagara Parks Commission 2,500 2,500 BOO 1,700 18 209700 Barry & Heather Trendle 608 608 75 533 18 209800 Jack & Kathy Quiquero 303 303 303 18 210000 Richard & Brian Mann 7 7 7 18 210100 ? 2 2 2 18 210200 Timothy McMillan 2 2 2 18 210300 -Gerald &Oeborah Migneault 2 2 2 17 211600 Michelle Stranges 7 7 7 17 211700 Irene Coules 7 7 7 17 211800 Michelle & Domenic Stranges 8 8 8 17 211900 Philip & Jennifer Priddle 7 7 7 17 212000 David Nisbett & Elaine Moore 10 10 10 17 212100 Mark & Elizabeth Caddis 10 10 10 17 212200 MilenaJovicic 333 333 75 258 16 212300 Robert Zupan & Barbara Schoonings 33 33 33 16 212500 Benson & Ida Brooks 10 10 10 16 212600 Albert & Beryl Vout 6 6 6 16 212601 Robert & Janice Watson 31 31 31 I 16 212700 Eric & Ellen Francis 3 3 3 I 16 212800 Audrey WiJlick 6 6 6 I 16 212900 Audrey Willick & Ellen Francis 1 1 1 I 16 212901 Robert & Doria Watson 8 8 8 I 16 213300 Kevin & Shirley Hotte 29 29 29 I 16 213301 James & Francesca Zoretich 29 29 29 15 213302 Dorothy & Gordon MacDonald 29 29 29 15 213303 Carol & Rodney Parker 29 29 29 15 213304 Teasdale & Carol Colledge 25 25 25 18 215100 Joseph & Joseph L Ferro 3 3 3 17,18 215101 563272 Ontario Ltd. 4,869 4.869 700 4,169 18 215200 Nell Weaver 156 156 156 18 215500 Gary & Margaret Misner 15 15 15 17 215600 Gary Landry 2.363 2,363 300 2.063 17 215700 Heinz Voss & Estate of Karl Voss 67 67 67 17 215800 Nell Weaver 56 56 56 17 215804 Shirley Brookson 10 10 10 18 215605 Barbara & David Maiden 10 10 10 . 15,16 215900 Rosina Costa 4,758 4,758 1,586 700 2,472 15 216000 Christopher & Lynn Graham 21 21 21 15 216100 Gary & Catherine Jamieson 157 157 157 . 16 216300 Cart Adams 4.361 4,361 1,454 600 2.307 15 218400 Grand Niagara legends Estates Inc. 4,965 4,965 700 4,265 14 218401 Antonio & Pasqualina Fazio 28 28 28 14 216500 Antonio & Angela BiancanieUo 31 31 31 14 216501 Harry & OrtNd Bauer 47 47 47 14 216502 Mario '& Maria Crtveller 47 47 47 14 216503 Giovanni & Maria Stirpe 47 47 47 14 216504 Donaid & Judnh Cockburn 47 47 47 14 218600 Wilfred & Maria Weber 5,452 5,452 1,000 4,452 13 216900 Rosanne Federow 1.245 1,245 200 1,045 13 216902 Liselotte Knofe & H.-J. Herrmann 3,748 3,748 400 3,348 . 12 217100 Jovo & Rajko Maslek 1.723 1,723 574 300 849 12 217200 City of Nia9ara Falls 560 560 560 12 217400 Brian Cassidy & Patricia Trendle 117 117 117 12 217500 Martin Somerville 135 135 135 12 217600 Benjamin Trendle 135 135 135 F:\03-039\Repor1\Flnal\03-039-Schedules finaI.xJs II I January 30, 2006 SCHEDULE C - Schedule for Actual Cost Bylaw File No. 03-039 UNION MARSH DRAIN 2006 City of Niagara Falls PAGE C2 Roll No. Estimated Actual minus 1/3 minus Con Lot (272513000-) Owner Assessment Assessment Grant Allowances NET 12 217700 Ralph Biamonte 1,439 1,439 300 1,139 . 12 217701 Mara Kosanovich 356 356 119 237 12 217703 Richard & Donna Chamberlain 960 960 200 760 11 217800 Steven & Heather Barnett 3,294 3,294 400 2,894 11 217815 Anne Stevens 45 45 45 11 217900 708020 Ontario Inc. 6,986 6.986 300 6,686 10 218200 Natale & Lana Giampa 2,687 2.687 200 2,487 10 218201 Max Kehl & Rhonda Kavanaugh-Kehl .102 102 102 10 218210 Frank & Catherine Lapenna 159 159 159 10 218214 Harold & Teresa Nelson 67 67 67 10 218216 Catherine & Steven Pilon 22 22 22 9 218500 Olga & Nonnan Watson 1,159 1,159 100 1,059 9 218501 Patricia & Joseph Mills 543 543 543 9 218503 Bertram & Susan Watson 1.117 1,117 100 1,017 9 218600 TransCanada Pipelines Ltd. 6,767 6,767 400 6,367 10 218800 Geraldine Howard 45 45 45 10 218900 Johnny & Jocelyne Lapenna 73 73 73 10 219000 Catharine Lapenna 1,568 1,568 200 1.368 10 219100 Frank Lapenna 1,573 1,573 200 1.373 10 219200 Felix & Kathleen Lostracco 78 78 78 10 219300 Miroslaw & Joanna Wityk 78 78 78 10 219401 Michael Thewliss & Tracey Doolan 78 78 78 10 219501 Gary & Sharon Hall 78 78 78 10 219601 Jeffrey & Rosanne Somerville 78 78 78 10 219700 Anthony Bartkowiak & Carol Blough 61 61 61 . III 17 313700 Nadia Kosta 15 15 5 10 III 17 313800 Rudolph & Brigitte Stegman 31 31 31 III 17 313801 Harry & Sandra Weaver 8 8 8 III 16 314000 Costa Family HokUngs Inc. 152 152 152 III 16 314100 Ciro & Angela Costa 201 201 201 . III 15 314300 Gaston Jeaurond 4.216 4,216 1,405 400 2,411 III 14 314500 Mark Marcinkowski & Usa Travers 41 41 41 . III 14 314501 Jeffery Susin 5.544 5,544 1,848 1.300 2,396 III 14 314600 Paul & Linda Weaver 26 26 26 III 14 314601 Gary & Linda Barkwill 26 26 26 III 14 314700 Orest & Mary Szymanski 362 362 362 III 14 314800 Christine Tothpal 543 543 543 III 14 314801 John Audsley 36 36 36 III 13 314900 Martin & Ursula Bienzeisler 22 22 22 III 13 315000 Wayne & Edna Sloggett 43 43 43 III 13 315100 David & Cynthia Fowler 43 43 43 III 13 315200 David & Michelle Pinkerton 61 61 61 III 13 315201 Keith & Sandra Waller 631 631 631 III 13 315300 Adonis & Dianne Somerville 14 14 14 III 13 315400 John & Susan Pendergast 50 50 50 III 13 315402 Natale & Rocco Brigante 53 53 53 III 13 315600 Dennis & lee Sargeson 22 22 22 III 13 315600 Kimberly Pietrangelo 421 421 421 III 12 315700 Bruce Nichols & Rhonda Mclnnis-Nicho 32 32 32 III 11 315800 Thomas & Leala Sm4h 1,681 1.681 1,681 III 12 315810 Thomas & Valerie Smith 22 22 22 III 12 315900 John & Jennifer Logan 8 8 . 8 III 12 316000 Judith & Donald Canham 29 29 29 III 12 316100 Henry & Linda Brideau 29 29 29 III 12 316200 Dominic Aiello & NicoJe Casciano 401 401 401 III 12 316300 Adam & Carol Hemming 57 57 57 III 12 318400 Joanne & Kenneth Olsen 29 29 29 III 12 316500 Kevin & Tracey Cooper 145 145 145 III 12 316600 John & Debra Birnie 190 190 190 III 12 316700 City of Nia9ara Falls 43 43 43 III 11 316800 Richard & Thresa WInger 14 14 14 III 11 316900 Thomas & Susan McCabe 160 160 160 III 11 316901 Hans & Hella Reinert 896 896 896 F :\03-039'\Repor1\FinaJ\03-09-Schedules ftnal.xls .~ January 30. 2006 SCHEDULE C - Schedule for Actual Cost Bylaw File No, 03-039 UNION MARSH DRAIN 2006 City of Niagara Falls PAGE C3 Roll No. Estimated Actual minus 1 f3 minus Con Lot (272513000-) Owner Assessment Assessment Grant Allowances NET III 11 317000 Lewis & Nancy Willick 45 45 45 III 11 317100 Ronald & June Willick 22 22 22 III 10 317300 Donald & Loretta Allen 492 492 492 III 10 317400 Edward & Alicia Krawczyk 90 90 90 III 10 317500 John Gabor 1,269 1.269 1,269 III 9 317600 Old Willoughby Realty Ltd, 3,369 3,369 500 2,869 III 9 317700 Anthony & Mary Cuviello 51 51 51 . III 9 317800 Brad & Laura Crichton 761 761 254 507 III 10 317801 James Brandt 677 677 677 III 9 317802 Marlene VViJlick & Wendy Schaeffer 700 700 700 IV 14 319201 Diane Filer 42 42 42 . IV 13 319300 Gertrude Locher 3.750 3,750 1,250 900 1,600 IV 13 319400 Good Gain Ltd. 387 387 387 IV 13 319401 Robert Mewhinney 44 44 44 IV 12 319420 Sandra Ventresca 205 205 205 IV 12 319430 Anna Oi Cienzo 44 44 44 IV 12 319433 Anthony Oi Cienzo 44 44 44 IV 12 319436 Angie Shavalier 44 44 44 IV 12 319439 Michael Oi Cenzio 44 44 44 IV 12 319442 Emmy Baxter 44 44 44 IV 12 319446 Anna' Manza 210 210 210 IV 12 319500 Robert Thiel 1,587 1,587 700 887 . IV 12 319501 Michael & Joan Stoll 1,935 1.935 645 1.290 IV 12 319503 Anna Manza 44 44 44 IV 12 319506 Dino Oi Cienzo 44 44 44 IV 12 319509 Anthony Di Cienzo 44 44 44 IV 12 319512 Emmy Baxter 44 44 I 44 IV 12 319515 Anna Oi Cienzo 44 44 44 IV 12 319520 Alma Krawczuk 44 44 44 IV 12 319523 Dino Oi Cienzo 44 44 44 IV 11 319600 789702 Ontario Ltd. 5,053 5,053 900 4.153 IV 11 319700 Catharine Miller & Jacqueline Boutin-Mi 44 44 44 IV 11 319705 Brian & Beth Smith 198 198 198 IV 12 319800 Earl & Catherine Devoe 44 44 44 IV 10 319900 Old Willoughby Realty Ltd. 1,227 1.227 1,227 IV 9 320000 Old Willoughby Realty Ltd. 406 406 406 IV 9 320100 Old Willoughby Realty Ltd. 474 474 474 IV 9 320200 Catharine Venzon & William Reich 345 345 I 345 IV 9 320300 Brock University Foundation 530 530 530 . V 13 321900 Bauer's Poultry Inc. 82 82 27 55 . V 12 322100 John Marshall 28 28 9 19 V 11 322105 Stephen Harris 72 72 72 . V 12 322201 Bauefs Pouttry Ine. 664 664 221 443 . V 11 322400 Ryszard & Alice Rydygier 1,624 1.624 541 100 983 IV 8 402000 Old Willoughby Realty Ltd. 899 899 200 699 IV 7 402100 Estate of ErlZabeth Bollen 430 430 430 IV 7 402300 Thomas & Patricia Simpson 186 186 186 IV 7 402400 Kelly Rees 74 74 74 IV 7 402500 Angelo Rizzo 1,574 1,574 1,574 IV 7 402700 Michael & Charlotte Kerrio 2,090 2.090 2.090 . IV 8 402800 paul&, Margaret Brunning 454 454 151 303 IV 8 402900 Ronald'S. Deborah Sebastian 447 447 I. 447 . IV 8 403000 Mapie Road Ltd, 2,731 2,731 910 1,821 IV 6 403100 JOYf8&William Rudel' 169 169 169 V 10 404701 Hans Zapp . 2,490 2,490 300 2,190 V 10 404800 Transportation Ministry 933 933 933 V 10 404900 Ryszard & Alice Rydygier 1,249 1,249 300 949 V 9 405000 John Watter 159 159 159 V 9 405100 Douglas Watchorn & Dorothy Butler 62 62 62 V 9 405300 Robert Barry & Ewa Tiboldy 35 35 35 V 9 405400 Michael & Margaret Pretty 62 62 62 V 9 405500 Michael & Brian Krulasky 89 89 89 V 9 405600 Michael & Christina Fazekas 89 89 89 F:~D39\RepotN='inaNJ3-03g.Schedules flnal.lds II i January 30, 2006 SCHEDULE C - Schedule for Actual Cost Bylaw File No. 03-039 UNION MARSH DRAIN 2006 City of Niagara Falls PAGE C4 Roll No. Estimated Adual minus 1/3 minus Con Lot (272513000-) Owner Assessment Assessment Grant Allowances NET V 9 405700 Leonard Willems 19 19 19 V 9 405801 Gregory & Pamela MacDonald 1,959 1,959 700 1.259 V 9 405803 Margaret Kenny 1,259 1.259 1,259 . V 9 405815 Steven Apostolos 785 785 262 523 V 9 405900 Paul & Rhonda Coleman 70 70 70 V 9 406000 Diane & Deborah Masonovich 35 35 35 V 9 406100 Robert & Mildred Malott 53 53 53 V 9 406300 VVilliam & Lorna Watchorn .53 53 53 V 9 406400 Jack & Deborah Rush 35 35 35 V 9 406500 Kathleen Watchorn 80 80 80 V 9 406600 Dorothy & William Betts 96 96 96 V 9 406700 Lucien & Rose Rondeau 70 70 70 . V 9 407300 Bill & Pota Apostolos 70 70 23 47 V 8 407700 Ronald & Margaret Ballinger 70 70 70 V 8 407800 Vera Bowman 5,858 5,858 500 5,358 V 8 407801 Clifford & Brenda Ballinger 641 641 100 641 V 8 407901 Richard & Laurel Waldick 1,947 1,947 100 1,847 V 7 408000 Rose Levesque & John Brouillette 3,818 3,818 400 3,418 V 7 408100 Donald & Holly Watchorn 70 70 70 V 7 408200 Victor Sidin 861 861 861 V 7 408300 John Horth & Samantha Gendron 1,004 1,004 1,004 V 7 408400 Adrian & Rosa Forrnisano 1,287 1,287 1.287 V 7 408500 Ann PerDUeli 459 459 459 V 7 408502 Tracey Van Wylick 89 89 89 V 7 408504 Donald & Patricia Krawec 291 291 291 V 8 408506 Tanya Mod 335 335, 335 . V 6 408600 Gordon & Melissa Macleod 3,680 3680 1.227 2,453 V 6 408700 Robert & Nancy Collucci 353 353 353 V 5 408800 Vincent & Brenda Barry 344 344 344 V 5 408900 Donald & Debra Devlin 874 874 874 . V 5 409000 Amy Brunnin9 & Michael Lynch 432 432 144 288 V 5 409100 Peter Wilson 432 432 432 V 5 409200 Bruce & Gail Jacobs 442 442 442 VI 4 416800 Everrett & Sharon Friskie 283 283 283 V,VI 5.6 416700 Niagara Peninsula Conservation Author 1,967 1,967 1,967 I 17& 18 494000 Canadian Niaaara Power Company 400 400 400 Total Assessments on lands 174,852 174,862 12,655 18,500 143,697 QEW MTO 28,041 28,041 28,041 Willoughby Drive City of Niagara Falls 3,167 3,167 3,167 Sodom Road(Region Rd ,. Region of Niagara 13,196 13,196 13,196 Ort Road City of Niagara Falls 5,969 5.969 5.969 Stanley Avenue City of Niagara Falls 2.287 2,287 2,287 King Road City of Niagara Falls 1.010 1,010 1,010 Beck Road City of Niagara Falls 266 266 266 Sauer Road City of Niagara Falls 423 423 423 Sherk Road City of Niagara Falls 2.443 2.443 2,443 Bossert Road City of Niagara Falls 8,981 8,981 8.981 Detenbeck Road City of Niagara Falls 5,511 5,511 . 5,511 Marshall Road City of Niagara Falls 6,783 6,783 6,783 Miller Road City of Niagara Falls 7,185 7,185 7,185 \'\Ieaver Road City of Niagara Falls 4,208 4.208. . 4,208 Willick Road City of Niagara Falls 33 33 . 33 lemon Road , . City of Niacara Falls 45 45 45 Total Assessments on Roads: 89,548 89,548 - - 89,648 TOTAL ASSESSMENTS ON THE UNION MARSH DRAIN 264.400 264,400 12855 18.500 233,245 Notes: f. AU of the above lands are classified as non-agricuttural. except those as noted with an asterisk ( ..) which are rated agricullural. Refer also to page f2 in 2. SectIon 21 of the OnHIage Ad.. RSO 1990 reqtrires that assessments be shown opposile each parcel of land and road affected. The affected parcels of land have been idenUfted using the roB number from the last revised assessment roll for the City. For convenience onIy,theowner's names as shown by the last revised assessment roll, has also been induded. F:\03-039\Report\Final\03-039-Schedules fInaJ.xfs . . GENERAL and STANDARD SPECnnCATIONS for Construction of the . UNION MARSH DRAIN 2006 City of Niagara Falls Region of Niagara January 30, 2006 File No. 03-039 K. SMART ASSOCIATES LIMITED Kitchener Englehart . Sudbury F:\03-c39IReport\Final\03-c39-Report SpccslXlC II , , PARTE GENERAL CONDITIONS TABLE OF CONTENTS E. General Conditions E.I Scope E.2 Tenders E.3 Examination of Site, Plans and Specifications EA Payment E.5 Final Inspection E.6 Commencement and Completion of Work E.7 Alterations and Additions E.8 Supervision E.9 Maintenance E.IO Contractor's Responsibility for Damages E.lI Liability Insurance E.l2 Access to Properties Adjoining the Work E.13 Limitations of Operations E.l4 Losses Due to Acts of Nature Etc. E.15 Sub-Contractors E.l6 Character and Employment of Workman E.l7 Road Crossings E.18 Laneways E.l9 Fences E.20 Livestock, Etc. E.21 Standing Crops E.22 Surplus Gravel E.23 Permits, Notices, Laws and Rules E.24 Locations of Existing Utilities E.25 Railways, Highways and Utilities E.26 Termination of Contract by Municipality E.27 Errors and Unusual Conditions E.28 Excess Tile E.29 Replacement of Stakes E.30 Drainage Superintendent E.31 Tests E.32 Opening of Finished Work E.33 Notices Re Commencement of Work E.34 Municipality E.35 Definitions E.36 Cold Weather E.37 Working Area E.38 Access E.39 Riprap EAO Filter Fabric (Geotextile) EA1 Cleaning Up Before Acceptance EA2 Liquidated Damages F:\03-o39\Report\Final103-039-Rcport Specs.DOC Part E - General Conditions Page 1 E. GENERAL CONDmONS E.l SCOPE The work to be done under this specification consists of supplying all labour, materials, equipment, etc., to construct the work as outlined on the accompanying drawings, in the estimate of quantities and on the fonn of Tender. E.2 TENDERS Tenders are to be submitted on a lump sum basis for the complete works or a portion thereof, as instructed by the Municipality. The Schedule with the Fonn of Tender must be completed and submitted with the Tender even though the Contract win be lump sum. A deposit as outlined in the Instructions to Tenders in the form of a certified cheque payable to the Municipality must accompany each tender as a guarantee of good faith. All certified cheques, except that of the bidder to whom the work is awarded, will be returned within 10 days of the time the contract is awarded. The certified cheque of the Tenderer awarded the work will be returned with the Completion Certificate for the work or will be retained until the successful Tenderer furnishes a Perfonnance Bond and/or Labour and Materials Bond for 100% of the amount of the tender or other satisfactory security, if required by the Municipality. A Perfonnance Bond may be required to insure completion of the work and maintenance of the work for a period of one year after the date of the Completion Certificate. E.3 EXAMINATION OF SITE. PLANS AND SPECIFICA nONS The tenderer must examine the premises and site to compare them with the plans and specifications in order to satisfy himself of the existing conditions and the extcent ()f the work to be done before submission of his tender. No allowances shall be made. on behalf of the Contractor by reason of any error on his part. Any estimates of quantities shown or indicated on the plan or elsewhere in the contract documents are provided for the convenience of the Tenderer. Any use made of these quantities by the Tenderer in calculating his tender shall be done at his own risk. The tenderer for his own protection should check these quantities for accuracy. The tenderer must satisfy himself that he understands the meaning and intent of the plans. and specifications before submission of his tender. In case of any inconsistency or conflict between the plans and specifications the following order of precedence shall apply: Fonn of Tender, Addenda, Special Provisions, Contract Drawings, Standard Specifications, General Conditions. E.4 PAYMENT Progress payments in cash equal to about 80% of the value of the work done and materials incorporated in the work will be made to the Contractor monthly on the written request of the Contractor to the Engineer. An additional 17% will be paid 37 days after the fmalacceptance by the Engineer and 3 % of the contract price may be reserved by the Municipality for one year. A greate}" percentage. of the contract price may be.f~servedby the Municipality fOT:.thesame period if in the opinion of.the 'Engine,er, partiqu1ar conditions of the contract require such greater JlOldback, AJ;'ter the completion ()f the work, any part of this reserve may be used to correct . " defects devel()ped within that time from faulty workmanship and material and loose backfill, provided that notice, shall first be given to the Contractor and that he shall have the opportunity to make good such defects, himself ifhe desires, and within seven (7) days if so directed by the Engineer. F:\03-Q39\1leport'F1lIlI1\03-039-ReportSpec:t.D0C\03I01106 II Part E . General Conditions Page 2 E.5 FINAL INSPECTION Final inspection by the Engineer will be made within twenty (20) days after receiving notice in writing from the Contractor that work is complete, or as soon thereafter as weather conditions permit. All the work included in the contract must at the time of final inspection have the full dimensions and cross-sections. Prior to commencing the fmal inspection an on-site meeting may be held with the landowners directly affected by the construction of the drain. The Contractor will be requested to attend this meeting upon written notice by the Engineer. < E.6 COMMENCEMENT AND COMPLETION OF WORK The work must commence immediately after the Contractor is notified of the acceptance of his tender or at a later date, if set out as a condition of the tender. If weather and ground conditions are unsuitable, work may be started at a later date from either of these two dates if such delay is approved by the Engineer. The work must be proceeded with in such manner as to ensure its completion at the earliest possible date consistent with first class workmanship and within the time limit set out in the tender or in the contract documents. Failure to commence or complete the work as set out in the Form of Tender may result in a forfeiture of all or part of the Certified Cheque if the Engineer deems that damages have been sustained to the Municipality or to any landowner because of the non-commencement or non-completion of the contract as awarded and that the failure to meet the specified dates has been the fault of the Contractor. E.? ALTERATIONS AND ADDITIONS The Engineer shall have the power to make alterations in the work as shown or described in the drawings or specifications and the Contractor shall proceed to make such changes without causing delay. In every'such case, the price agreed to be paid for the work lI1lder the contract shall be increased or decreased as the case may require according to a fair and reasonable evaluation of the work added or omitted. Where such changes involve work additional and similar to items in the main contract, the price agreed to be paid shall be determined after due consideration has been given to the ratio of the tendered amount to the Engineer's estimate of the contract. Such alterations and variations shall in no way render void the contract. No claims for variations or alterations in the increased or decreased price shall be valid unless done in pursuance of an order from the Engineer and notice of such claims made.in writing before commencement of such work. In no case shall the Contractor commence work which he considers to be extra work before receiving the Engineer's approval. E.8 SUPERVISION The Contractor shall give the work his constant supervision and shall keep a competent foreman in charge at the site. E.9 MAINTENANCE The Contractor shall repair and make good any damages or faults in the drain that may appear within one year after its completion (as evidenced by the final payment certificate) because of imperfect or defective work done of materials furnished ifcertifled by the Engineer as being due to one or both of these causes; but nothing herein contained shall be construed as in any way restricting or limiting the liability of the Contractor under the laws of the country, province or locality in which the work is being done. Neither the fmal certificate nor payment thereunder, nor any provision in the contract documents shall relieve the Contractor from this responsibility. f:\03-OJ9\RqxmIF1llaNi3-o39--Repon Speea.D0C\03rol106 --- - Part E - General Conditions Page 3 E.IO CONTRACTOR'S RESPONSIBILITY FOR DAMAGES The Contractor, his agents and all workmen and persons employed by him or under his control, including Sub-Contractors, shall use due care that no person or property is injured and that no rights are infringed in the prosecution of the work, and the Contractor shall be solely responsible for all damages by whomsoever claimable in respect of any injury to persons or to lands, buildings, structures, fences, livestock, trees, crops, roadways, ditches, drains and watercourses, whether natural or artificial, or property of whatever description and in respect of any infringemeut of any right, privilege or easement whatever occasioned in the carrying on of the work or any part thereof, or by any neglect, misfeasance or non-feasance on the Contractor's part or on the part of any of his agents, workmen or persons employed by him or under his control including Sub-Contractors, and shall bear the full cost thereof and shall at his own expense make such temporary provisions as may be necessary to ensure the avoidance of any such damage, injury or infringement and to prevent the interruption of or danger or menace to the traffic in any railway or any public or private road entrance or sidewalk and to secure to all persons and corporations the uninterrupted enjoyment of all their rights, in and during the perfolll1ance of the work and the Contractor shall indemnifY and save hannless the Municipality from and against all claims, demands, loss, costs, damages, actions, suits or oth.er proceedings by whomsoever made, brought or prosecuted in any manner based upon, occasioned by, or attributed to any such damage, injury or infringement. Wherever any work is of such an extent and nature that it must necessarily be confmed to particular areas of a roadway, a working area, or private property, the Contractor shall use reasonable care not to damage or deface the remaining portions of the property, and if any damage is occasioned asa result of the C\)Iltractor's.operations, it shall b" rectified by the Contractor at his own expense, to the satisfaction of the Engineer. Notwithstanding the indemnity provisions contained in this section, where in the opinion of the Engineer the Contractor has failed to rectifY any damage, injury or infringement or has failed to adequately compensate any person for any damage, injury or infringement for which the Contractor is responsible under the contract, the Engineer, following notice in writing to the Contractor of his intention so to do, may withhold payment of any monies due the Contractor under this or any other contract until the Contractor has rectified such damage, injury or infringement or has paid adequate compensation for such damage, injury or infringement, provided howeyer, that the Municipality will not withhold such monies where in the opinion of the Engineer there are reasonable grounds upon which the Contractor denies liability for such damage, injury or infringement and the Contractor has given the Rlaimant a reasonable time in which to establish the validity of his claim, and provided further that the amount withheld under this section shall not exceed the amount of such claims against the Contractor. Where the Contractor uses privately owned lands for pits or waste disposal areas, the Contractor shall provide the Engineer with a release signed by or on behalf of the owner of each pit or waste disposal area used by the Contractor. If tjJ.e said release is not obtained, then sufficient monies will be withheld from the Contractor except, however, where the owner's signatur" is withheld solely on the basis of damage, injury, or infringement it will be dealt with as provided elsewhere in this subsection. E.l1 LIABILITY lNSURANCE The Contractor shall take out and keep in force until the date of acceptance of the entire work by the Engineer, a comprehensive policy of public liability and property damage insurance providing insurance coverage of at least $3,000,000 for each and every accident, exclusive of interest and cost, against loss or damage resulting from bodily injury to or death of one or more persons and loss of or damage to property and such policy shall where, and as requested by the Municipality, name the Municipality as an additional insured thereunder and shall protect the F;\03-039\Rcport\F'1DII\03-039-1lcport Specs.D0C\03101I06 II Part E - General Conditions Page 4 Municipality against all claims for all damage or injury including death to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on part of the Contractor or any of his servants or agents during the execution of the Contract. E.12 ACCESS TO PROPERTIES ADJOINING THE WORK The Contractor shall provide at all times and at his own expense, adequate pedestrian access to private homes and commercial establishments unless otherwise authorized by the Engineer. Where interruptions to access have been authorized by the Engineer, reasonable notice shall be given by the Contractor to the affected property owners and such interruptions shall be arranged so as to create a minimum interference to those affected. E.13 LIMITATIONS OF OPERATIONS Except for such work as may be required by the Engineer to maintain the works in a safe and satisfactory condition, the Contractor shall not carry on his operations under the contract on SUndays, or Statutory Holidays, without permission in writing of the Engineer. The Engineer may, in writing, require the Contractor to cease or limit his operations under the contract, on any day or days if the operations are of such a nature, or ifthe work is so located, or if the traffic is of such a volume that the Engineer deems it necessary or expedient so to do. E.14 LOSSES DUE TO ACTS OF NATURE. ETC. All damage,"loss, expense and delay incurred or experienced by the Contractor in the prosecution of the work, by reason of unanticipated difficulties, bad weather, strikes, wars, acts of God, or other mischances, shall be borne by the ContraCtor and shall not be the subject of a claim for additional compensation. E.15 SUB-CONTRACTORS If the municipality so directs, the Contractor shall not sublet the whole or any part of this contract without the approval of the Engineer. E.16 CHARACTER AND EMPLOYMENT OF WORKMAN The coutnictor shall employ only orderly, competent and skillful men to do the work and shall give preference to available residents in the area of the contract. Whenever the Engineer shall inform him in writing that any man or men on the work are, in the opinion of the Engineer, incompetent, unfaithful, or disorderly, such a man or men shall be discharged from the work and shall not again be employed on the work without the consent in writing of the Engineer. E.17 ROAD CROSSINGS All road crossings may be made with an open cut unless otherwise noted. Open cut trenches are to be excavated in accordance with OPSD 802.010. The exact location of the crossing shall be verified and approved by the Road Authority or the Engineer. A one hundred & fifty (150) millimetre depth of pit run gravel, well compacted shall be placed as a base for each pipe crossing if required on the drawings. The pipe shall be backfilled with a granular material for the width of the travelled portion plus one (I) metre on either side. The material shall be placed in lifts not exceeding three hundred (300) millimetres in depth and shall be thoroughly compacted with an approved type mechanical vibrating compactor where so required by the Engineer. The top one hundred & fifty (150) millimetres of the roadway backfill shall consist of a crushed granular material meeting the specifications of the Ministry of Transportation and .Communications for Granular "A" material. Existing asphalt or concrete pavement, if any, shall not be replaced by the Contractor unless noted differently on the plan. The Contractor shall be responsible, however, for subsequent uneven joints in the pavement due to settling of the backfill. The Contractor should arrange with a local resident to keep the crossing in repair if _ F:\03-Ol9\1lepon\F1MMJ..039-1leport Spees.D0C\03101/06 , . Pari E - General Cooditions Page 5 unable to do such personally. A small load of Granular "An gravel at the side of the road may be advisable so that if any settlement does occur, the local resident can add some additional gravel. All road crossings shall meet the approval of the Road Authority. If any road crossing is not left in a safe manner at the end of the working day, such barricades, etc., shall be erected to guarantee the safety of the travelling public. A Road Authority will supply no labour, equipment or materials for the construction of the road crossing, with the sole exception of patching an existing asphalt surface and except where pipe on the contract is supplied by the Municipality. The excavated material removed from the travelled portion of the road and one (I) metre or the full width of the gravelled shoulder, whichever is greater, on each side of the travelled portion shall be removed. Excavated material may be spread on the right-of-way with consent of the Municipal Road Superintendent and the balance shall be levelled equally on the private lands on each side of the road. If the Engineer deems a gravel road to have been damaged by the construction of a drain, either aCross or along the said road, the Engineer may direct the Contractor to supply and place sufficient crushed granular materials on the roadway to restore it to a safe and passable condition at no additional cost. Maintenance of Traffic Ifat all possible, the Contractor shall keep the road open to traffic at all times. The Contractor shall provide suitable waming signs and/or flagmen to the satisfaction of the Rpad .. ... Superintendent to notify motorists of work on the road ahead. If necessary to close the road to through traffic, the Contractor shall provide for and adequately sign the detour route. If a detour is required, the Contractor shall submit a proposal as to the details of the detour to, and for approval by, the Road Superintendent. Any signing, barricades, traffic control shall be done in accordance with any specifications of the Municipality. Contractor shall undertake all notifications required for a road closure in consultation with the Municipality. E.18 LANEW A YS All pipe crossing laneways shall be backfilled with material that is clean, free .of foreign material or frozen particles and readily tamped or compacted in place. Laneway culverts on open ditch projects shall be backfilled with material that also is not easily erodible while gravellaneway culverts on closed drain projects shall be backfilled such that the upper six hundred (600) millimetres of material consists of four hundred & fifty (450) millimetres of pit run granular material and one hundred & fifty (ISO) millimetres of crushed granular material. All backfill materials shall be thoroughly compacted if directed by the Engineer. The backfill on access culverts (between buildings and the road) shall be surfaced with a minimum of one hundred & fifty (150) millimetres of crushed granular material. All backfill materials shall be thoroughly compacted if directed by the Engineer. All granular surface materials shall be placed to the full width of the travelled portions: " . Any settling of backfill material shall be repaired by or at the expense of the Contractor during the warranty period of the project and as soon as required. Any existing bituminous pavement on laneways shall be replaced to its original condition by the Contractor at no additiol!al cost. No less than a fifty (50) millimetre thickness of Hot Mix Asphalt shall be applied. F:\03-039\R.eport\FUlII\03-039-Report Specs.D0C\03101!06 II I. Part E - General Conditions Page 6 E.19 FENCES No earth is to be placed against fences. All fences removed by a Contractor are to be replaced in as good a condition as existing materials permit. Where practical and where required by the landowner, the Contractor shall take down an existing fence at the nearest anchor post and roll the fence back rather than cutting the fence and attempting to patch it. The replacement of the fences shall be done to the satisfaction of the Engineer or Superintendent. Any fences found in such poor condition that replacement is not possible shall be noted and verified with the Engineer or Superintendent prior to commencement of work. Where directed by the Engineer, additional steel posts shall be placed to adequately support a fence upon re-erection. All fences shall be properly stretched and fastened. Where the Engineer directs that new fencing material be erected, additional payment will be provided. Any fences paralleling an open drain, that are not line fences, that hinder the proper working of the excavating machinery shall be removed and rebuilt by the landowner at his own expense. If such parallel fences are line fences they shall be removed and rebuilt by the Contractor. E.20 LIVESTOCK. ETC. If any construction will be within a fenced field containing livestock or other customary farm animals or fowl, (hereafter referred to as livestock, etc.) that are evident or have been made known to the Contractor, the Contractor shall notifY the owner or attendant of the field or livestock, etc., thirty-six (36) hours in advance of his entrance into the field. Thereafter, the owner or attendant shall be responsible for the protection and damage to all livestock, etc., pn said property during construction and shall also be liableforany damages caused by such livestock, etc. Where the owner or attendant so directs or where the Contractorhas failed to reach the owner or attendant, the Contractor shall adequately re-erect all fences at the end of each working day and shall have any open trench backfilled within seventy-two (72) hours including weekends and statutory holidays. In all cases the trench shall be backfilled within seven (7) days. Failure of the Contractor to notifY or to attempt to notifY the owner or attendant, or failure of the Contractor to erect the fencing or to backfill the trench as described in this paragraph shall render the Contractor reSponsible for the protection of or damage to livestock, etc., on the property and the damage they may cause~ . Where livestock may be encountered on any property the Contractor shall notify the Engineer promptly so that arrangements may be made to inspect the drainage works before the time required for backfilling. E.21 STANDING CROPS The Contractor shall not be held responsible for damages to standing crops along the course of the drain with the exception of those crops ready to be harvested or salvaged, that are damaged by the placing and levelling of soil from an open drain and about which the Contractor has failed to, or has not attempted to, notifY the owner forty-eight (48) hours prior to commencement of the excavation on that portion. E.22 SURPLUS GRAVEL If as aresultof any work granular gravel or Crushed stone is required and not all the gravel or crushed stone ' is used in the construction of the ~orks, the Contractor shall haul away such surplus gravel or stone. This does not ~pply to a road crossing where surplus gravel is to be left . to allow for building up the trench after a settlement occurs. E.23 PERMITS. NOllCES. LAWS AND RULES The Contractor shall apply and pay for all necessary permits or licenses required for the execution of the work (but this shall not include the obtaining of permanent easementS or rights or servitude). The Contractor shall give all necessary notices and pay all fees required by the taw F:\03-039'Jleport'F1lIIl\O'3-039-1leport Speca.DOC\03J01106 Part E . General Conditions Page 7 and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public's health and safety and if the specifications and drawings are at variance therewith, any resulting additional expense incurred by the Contractor shall constitute an addition to the contract price. E.24 LOCATIONS OF EXISTING UTILITIES The position of pole lines, conduits, watermains, sewers and other underground and overground utilities and structures is not necessarily shown on the Contract plans and drawings, and, where shown, the accuracy of the position of such utilities and structures is not guaranteed. Before starting work, the Contractor shall have all utilities within road allowances and on private lands ,. located. All utilities shall be exposed to the satisfaction of the utility company to verifY that the construction proposed will not conflict with the utility structure. Additional payment will be allowed for relocation of utilities if conflicts should occur. Additional cost for utility relocation will be assessed to the utility company under Section 26 of the Drainage Act. The Contractor is responsible for protecting all located and exposed utilities from damage during construction. The Contractor shall assume liability for damage caused to all properly located utilities. E.25 RAIL WAYS. mGHW A YS AND UTILITIES A minimum of forty-eight (48) hours notice in writing to any Railway's Division Engineer, MTO's District Engineer, or any Utility Company, exclusive of Saturdays, Sundays, and Holidays, is required by the Contractor prior to any work being performed on or affecting the applicable property and in the case of a pipe being installed by open cutting or boring, a minimum of seventy-two (72) hours notice is required. E.26 TERMINATION OF CONTRACT BY THE MUNICIPALITY If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency or ifhe should refuse or fail to supply enough properly skilled workmen or proper materials after having received seven (7) days notice in writing from the Engineer to supply such additional workmen or materials in order to commence or complete the works, or ifhe should fail to make prompt payment to sub-contractors or for materials or labour or persistently disregard laws, ordinances, or instruction of the Engineer, or otherwise be guilty of a substantial violation of the provisions of the contract, then the Municipality, upon Certificate of the Engineer that sufficient cause exists to justify such action, may without prejudice to any other right or remedy, by giving the Contractor written notice, terminate the employment of the Contractor and take possession of the premises, and of all materials, tools and appliances thereon, and may finish the work by whatever method the Municipality'may deem expedient, but without undue delay or expense. In such case, the Contractor shall not be entitled to receive any further payment until the work is fmished. If the unpaid balance of the contract price will exceed the expense of finishing the work including compensation to the Engineer for his additional services and including other damages of every name and nature, such excess shall be paid to the Contractor. If SUC'I expense will eXCeed such unpaid balance .including the qertified cheque deposit as provided fOr by E.2,the Contractor shall pay the difference to the Municipality. The expense incurred by the Municipality, as herein provided, shall be certified by ,the Engineer. If the contract is terminated by the Municipality due to the Contractor's failure to properly commence the works, the Contractor shall forfeit the certified cheque bid deposit and ,furthermore shall pay to the Municipality an amount to, cover the inqreased costs, if any, associated with a new tender for the contract being terminated. F:\03-03!Nleport\FllIII\03-039-Report Specs.DOC\OOlOl106 II II Part E - General Conditions Page 8 If any unpaid balance and the certified cheque do not equal the monies owed by the Contractor upon the tennination of the contract, the Municipality may also charge such expenses against any money which is or may thereafter grow due to the Contractor from the Municipality. E.27 ERRORS AND UNUSUAL CONDITIONS The Contractor shall notify the Engineer immediately of any error or unusual conditions which may be found. Any attempt by the Contractor to correct the error on his own shall be done at his own risk. Any additional cost incurred by the Contractor to remedy a wrong decision on his part shall be borne by the Contractor. The Engineer shall make the alteration necessary to correct errors or to adjust for unusual conditiOns. The contract amount shall be adjusted in accordance with a fair evaluation of the work added or deleted. E.28 EXCESS TILE If the tile is supplied by the Municipality, the Contractor shall stockpile all excess tile in one readily accessible location for pickup by the Municipality at the end of the job. -If the tile is supplied by the Contractor he shall remove all excess tile from the job site. E.29 REPLACEMENT OF STAKES The Co'titractor shall be held liable for the cost of replacing any stakes or bench marks destroyed during the course of construction. The drainage area shall be liable for the cost of replacing stakes prior to construction. E.30 DRAINAGE SUPERINTENDENT Where a Drainage Superintendent is appointed by the Municipality, the Drainage Superintendent will act as the Engineer's representative. The Superintendent shall have the power to direct the execution of the work and to make any necessary minor adjustments. Any instructions given by the Superintendent, which changes considerably the proposed work or with which the Contractor does not agree, shall be referred to the Engineer for his decision. E.31 TESTS The cost of testing materials, supplied to the job by the Contractor, shall be borne by the Contractor. The cost of testing materials, supplied to the job by the Municipality, shall be borne by the Municipality. The Engineer reserves the right to subject any lengths of any tile or pipe to a competent testing laboratory to ensure the adequacy of the tile. If any tile or pipe supplied by the Contractor is determined to be inadequate to meet the applicable A.S.T.M. Standards, the Contractor shall bear full responsibility to remove and/or replace all such inadequate tile or pipe on the contract with tile or pipe capable of meeting the A.S.T.M. Standards. E.32 OPENING UP OF FINISHED WORK If ordered by the Engineer, the Contractor shall make such openings in the work as are needed to re-examine the work, and shall forthwith make the work good again. Should the Engineer find the work so opened up to be faulty in any respect, the whole of the expense of opening, inspecting ll11d making good shall be borne by the Contritctor ahd should the Engineer find the work opened up to be in an acceptance condition, such expense will be borne by the Municipality, unless the Contractor has been obligated by any specification to leave the work open for the Engineer's inspection. E.33 NOTICES RE COMMENCEMENT OF WORK The Contractor shall give the Engineer and Superintendent a minimum of twenty-four (24) hours advance notice before commencement of work on any municipal drain. If the Contractor leaves J:!1ejob site for a period of time after initiation of work, he shall give the Engineer and F:\03..oJ!Nleport\F'ma1\O]..oJ9-Repon Specs.DOC\IJJI01I06 Part E - General Conditions Page 9 Superintendent a minimum of twenty-four (24) hours advance notice prior to returning to the contract. If any work is commenced without the advance notice the Contractor shall be fully responsible for all such work undertaken prior to such notification and shall make good any works or materials used judged to be inadequate or constructed in any manner that may have been subject to alteration if made known to the Engineer prior to commencement of construction. E.34 MUNICIPALITY Municipality refers to a municipal corporation in the Province of Ontario. Where reference to Township, County, Region, Town, or Owner appears in the specifications it shall be deemed to the be same as the word Municipality. Where referenc~to owner appears in the specifications it is usually in reference to the owner of the property on which the drain is being constructed. E.35 DEFINITIONS i) M.T.O. means the Ministry of Transportation of Ontario. ii) A.S.T.M. means the American Society for Testing Materials. iii) C.S.A. means the Canadian Standard Association. iv) O.P.S.D. means Ontario Provincial Standard Drawings v) O.P.S.S. means Ontario Provincial Standard Specifications E.36 COLD WEATHER When work is permitted or ordered by the Engineer to be done in cold weather, the Contractor shall provide suitable means for heating and Protection, and all the materials shall be heated and protected. Unless the Engineer directs otherwise, a11work such as mliSonry, concrete and painting that may be injured by frost, and which CllIUlot be satisfactorily completed" shal~ be put in a proper and satisfactory condition, and shall be protected from damage by frost. Unless otherwise specified, the cost of such protection shall be borne by the Contractor. All backfilling operations shall be done as soon as possible to avoid backfilling with ground containing frozen particles. The Contractor will assume all responsibility for damages to any tile drains and for settlements or bank slippages that may result from work in cold weather. E.37 WORKING AREA Where any part of the drain is on a road allowance, the road allowance shall be the working area. For a closed drain the working area shall be a ten (10) metre width on either side of the trench or any combination not exceeding twenty (20) metres. For an open drain the working area shall be twelve (12) metres on the side for levelling and three (3) metres on the opposite side. If any part of the drain is close to a property line then the fence line shall be one of the limits of the work area. Restricted or increased working areas will be described in detail on the drawings. E.38 ACCESS The Contractor shall have access to the drain by entering the working area directly from road allowances Or along access routes shown on tbe plan. All specifications governing fences, livestock and crops during drain construction shall apply to access routes. No other access routes shall be. used unless first approved by th.e Engineer and the affected landowner. The Contractor shall contaqteach owner prior to usingtbe designated.access routes. Contractor shall make good any damages caused by using the designated access routes. E.39 RIPRAP All riprap is to be placed on a filter fabric underlay (Mirafi P250 is suggested) unless directed otherwise in the specific construction notes. Along upstream edges of riprap, where surface water will enter, underlay is to extend a minimum of3oOmm upstream from riprap and then be keyed down a minimum of300mm. The riprap is to be graded heavy angular stone (quarry stone is recommended) with particles averaging in size from 225mm to 300mm and isto be placed at F:\03-039\llcport'TIIIIl\OJ-oJ9-Report Spces.DOC\OJJOl/06 .. Part E - General Conditions Page 10 300mm thickness. Sufficient fme particles are to be included to fill voids. Wherever riprap is placed, the area is to be overdug so that finished top of riprap is at design cross-section, at design elevation or flush with existing ground. EAO FILTER FABRIC (GEOTEXTILE) To be non-woven fabric that is rot proof, non-biodegradable, chemically resistant to acidic or alkaline soils and is dimensionally stable under different hydraulic conditions. The filter fabric is to be a material whose primary function is to act as a highly permeable, non-clogging soil separator for fme soils. Contractor is to avail himself of manufacturer's recommendations for cutting, installation and precautions necessary to avoid, damage to fabric. MIRAFI filter fabric is available from: Coldstream Concrete Ltd., Ilderton, ON (519) 666-0604 Other approved equals will be considered by the Engineer prior to construction. EAl CLEANING UP BEFORE ACCEPTANCE Before any work shall be finally accepted by the Municipality, the Contractor shall make such replacements of improper materials and such corrections of faulty workmanship as have been directed by the Engineer and do such trimming and disposal of rubbish and surplus materials as to leave the work neat and presentable. EA2 LIOUIDATED DAMAGES It is' agreed by the parties to the Contract that in case all the work called for under the Contract is not fmished or complete within the period of time as set forth in the Tender Documents, damage willbesustamed by the Municipality and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Municipality will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Municipality a sum, if any is set out in the Form of Tender and Agreement for liquidated . damages for each and every calendar day's delay, including Saturdays, Sundays and Statutory Holidays, in fmishing the work in excess of the number of working days prescribed, and it is agreed that this amount is an estimate of the actual damage to the Municipality which will accrue during the period in excess of the prescribed number of working days. . The Municipality may deduct any amount due under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable . under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Municipality. The Contractor shall not be assessed with liquidated damages for any delay caused by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Flood, Epidemics, Quarantine Restrictions, Embargoes or any delays of Sub-Contractors due to such causes. If the time available for the completion of the work is increased or decreased by reason of alterations or changes made under the Generill Conditions, the number of working days shall be increased or decreased as determined by the Engineer. If the Form of Tender and Agreement do not show an amount for Liquidated Damages then Liquidated Damages do not apply for this contract. F:ID3-039\RepOrt'<Fmal\OJ-039-Rcport Spocs.D0C.03JOII06 .-- . , F.l STANDARD SPECIFICATIONS FOR OPEN DRAINS "'" TABLE OF CONTENTS F.1.l Description F.1.2 Materials F.1.3 Construction I 'I I, F.l STANDARD SPECIFICATIONS FOR OPEN DRAINS F.1.l DESCRIPTION Work under this item shall include supply of all labour, equipment and materials required for the clearing of all trees, roots, bush debris, the excavation of all open channels, the levelling or disposal as directed of all spoil, the cutting and re-erection of all fences, the construction of all roadway and laneway crossings required, the reconstruction of all intercepted drains as required, the supply and placement of all riprap protection required and all other items indicated in the Estimate of Quantities or shown on the drawings as being part of the Open Drain Portion. . F.1.2 MATERIALS A) Corrugated Steel Pipe Corrugated Steel Pipe (CSP) shall be fabricated from steel coils with a hot-dipped aluminum coating for extended lifespan - Aluminized Steel Type 2 fmish. The pipe shall be helically corrugated for improved hydraulics, fabricated with a lock-seam and shall be supplied with re- rolled annular ends. If required, any individual pipe sections shall be coupled with aluminized 2 piece, 1.6mm, 10 C annular corrugated standard bolt and angle couplers. Aluminized CSP shall comply with the following standards/specifications: CSA 040 I - 93 Corrugated Steel Pipe Products, ASTM A929 and A760, AASHTO Specification M274 and M36 and shall be to the diametersllength(s) indicated on the drawings. Unless otherwise specified, the CSP shall be supplied with a 68mm x I3mm corrugation profile for diameters up to 1000mm and a 125mm x 25mm corrugation profile for diameters 1200mm and larger. Unless otherwise specified, the CSP shall be supplied with a minimum wall thickness of 1.6mm for diameters up to 500mm and 2.0mm for diameters 600mm and larger. B) Concrete Concrete shall be twenty (20) mega Pascal (mpa) concrete premixed. C) Stone for Riprap Riprap stone is to be graded, heavy angular stone (quany stone is reconimended) with particles averaging in size from 225mm to 30Omm. Smaller stone particles can be included to fill voids. The stone is to be free of earth materials or any other rubbish or debris. F.1.3 CONSTRUCTION A) Stakes Stakes were set along the course of the drain at intervals of twenty-five (25) metres during the survey. The Contractor shall ensure that the stakes are not disturbed unless approval is obtained from the Engineer. If the Contractor is unable to locate any stakes along the drain, the Contractor shall clear, if necessary, a path for re-staking and contact the Engineer with regard to re-staking the drain. B) Excavation The bottom width and the side slopes of the ditch shall be as shown on the profile drawing. Side slopes are normally one and one-half metre horizontal to one metre vertical (1.5:1) unless otherwise noted on the profile drawing and/or cross sections. At locations along the drain where the specified side slopes change, a transitional length of not less than 5m between the varying side slope profiles shall be constructed. Bottom widths may vary with the size of the upstream watershed. At locations along the drain where the specified bottom width changes, a transitional length of not less than 10 : 1 (5m length to 0.5m width differential) between the varying bottom widths shall be constructed. In all cases, the transitional distance between varying bottom widths and side slopes shall be tapered over these minimum lengths to form a F:\03.039IReportlFina1\03-Q39-Report Specs.llOC . 'F.l - Open Drain Specifications Page 2 smooth transition between the 2 cross-sections. Where the bottom width of the existing ditch is sufficient to permit the required width excavation to be completed without disturbing existing banks (bottom cleanout), subject to the clearing of the channel cross-section as described in Section F.1.3 (F). C) Grade The profile drawing shows the depth of cuts from the ground beside the stake to the proposed ditch bottom in metres and also the approximate depth of cuts from the bottom of the existing ditch to the proposed ditch bottom. These cuts are established for the convenience of the Contractor but shall not be used for establishing grad~ control. Bench marks established along the course of the drain will govem the proposed grade for the ditch. The location and elevations of the bench marks are given on the profile drawings. A uniform grade shall be maintained between stakes in accordance with the profile drawing. The Contractor shall over dig the bottom by one hundred to one hundred and fifty (100-150) millimetres in depth to allow for sediment accumulation during or following excavation. A variation of twenty-five (25) millimetres from the required profile plus over digging shall be sufficient to require the Contractor to remedy this discrepancy. D) Line The drain shall be constructed in a straight line or shall.follow the course of the present drain or water run except where necessary to straighten any unnecessary bends or irreguhu:ities in alignment. Where there are sJlch unnecessary bends or irregularities on the existing course of the drain, the Contractor shall contact the Engineer before conunencing work to verify the manner in which such irregularities or bends shall be removed from the drain. All curves shall be made with a minimum radius of fifteen (l~) metres or as specified on the drawings. E) Excavated Material Excavated material (spoil) shall be deposited on either or both sidesofthe drain as directed by the Engineer. Refer to the Specific Construction Notes for confirmation of the designated working corridor for the Contractor's equipment- the spoil shall be. spread and leveled on the same side(s). Spoil upon excavation shall be placed a tninimum one (1) metre back from the top of the bank, either existing or new. In general, the material shall be dumped on the low side of the ditch or opposite trees and fences. No excavated material shall be placed in tributary drains, depressions, or low areas which direct or channel water into the ditch so that no water will be trapped behind the spoil bank. The excavated material shall be placed and leveled to a maximum depth of three hundred (300) millimetres; unless otherwise instructed. The edge of the spoil bank away from the ditch shall be feathered down to existing ground. The edge of the spoil bank nearest the ditch shall have a maximum slope of2:1. Where the spoil is leveled on land currently under cultivation the material shall be leveled such that it may be cultivated with ordinary equipment without causing undue hardship on farm machinery and farm personnel. Wherever clearing is necessary prior to leveling, the Contractor shall only grub or remove all roots where directed to do so in the construction notes on the drawings. No excavated material shall cover any logs, bruSI1 or rubbish of any kind. LlU'ge stolles or boulders in the leveled spoil that are heavier than fifteen (15) kilograms shall be moved to the edge of the spoil bank nearestto theditcl1 but in general no closer than one (1) metre to the top of bank. Where it is necessary to straighten any unnecessarY bends or irregularities in the alignment of the ditch or to relocate any portion of an existing ditch, the excavation from the new cut shall be used for backfilling the original ditch. Regardless of the distance between the new ditch and old ditch, no extra compensation will be allowed for this work as it must be included in the Contractor's lump sum price for the ditch work. 2 II F.I - Open Drain Specifications Page 3 If the Contractor obtains written permission from an affected landowner stating that the owner does not wish the spoil to be leveled and such is approved by the Engineer, the Engineer may release the Contractor from the obligation to level the spoil. If spoil is not leveled that was to be leveled as part of the Contract, the Engineer shall determine the credit to be applied to the Contractor's payment. No additional compensation is provided to the owner if the spoil is not leveled. The Engineer may require the Contractor to obtain written statements from any or all of the landowners affected by the leveling of the spoil. A Written statement from the owners indicating their complete satisfaction with the leveling of the spoil is sufficient to comply with this specification. The final decision, with respect to leveling of the spoil, shall be made by the Engineer. F) Obstructions All trees, brush, fallen timber and debris shall be moved from the ditch cross-section and to such a distance on each side to eliminate any interference with the spreading of the spoil. The roots shall be left in the banks if no bank excavation is required as part of the channel excavation. In wooded or heavily overgrown areas all pleared material may be pushed into piles or rows along the edge of the cleared path and away from leveled spoil. All dead trees along. either side of the dtainthat may impede the performance of the drain if allowed to remain and fall into the ditch, shall be removed prior to 'excavation and put in piles, unless directed otherwise by the Engineer. G) Excavation at Existing Bridge and Culvert Sites The Contractor shall excavate the drain to the full specified depth under all bridges and to the full width between abutments. Temporary bridges may be carefully removed and left on the bank of the drain. Permanent bridges must, if at all possible, be left intact. All necessary care and precautions shall be taken to protect the structure. The Contractor shall notify the owner if excavation will expose the footings or otherwise cause the structure to undermine or collapse such that the owner may make provision for repair of the bridge. The Contractor shall clean through all pipe culverts to the grade line and width specified on the profile. Where the invert of any culvert is above the grade line, the Contractor will be required to dig up the culvert, clean and relay it, so that the invert of the culvert is one hundred and fifty (150) millimetres below grade for the bottom of the fmished ditch at this location. H) Access Culverts The size and material for any new drain crossings shall conform to Section F.1.2 (A) and/or as specified on the Drawings. Refer also to General Condition E. I 8. Unless otherwise specified, it is expected that the culvert be shop fabricated to length(s) suitable for shipping, by the manufacturer at the plant. Any crossings assembled on-site shall be assembled in accordance with the manufacturer's specifications for on-site assembly. Where a neW crossing replaces an existing crossing the following shall apply: If directed on the drawings that the existing crossing is to be salvaged for the owner the Contractor shall carefully remove the existing crossing and leave along the ditch or haul to a location as specified on the Drawings. If the existing crossing is notto be saved then the Contractor shall remove and dispose of the . existing crossing. Disposal by burying on-site must be approved by the Engineer. . All new pipe crossings shall be installed a minimum of 50mm below design grade (not as-constructed grade) or at the invert elevations as specified on the Drawings. Normally the 3 . . F.1 - Open Drain Specifications Page 4 degree of culvert embedment is related to the culvert diameter. If the ditch is over excavated greater than 200mm the Contractor shall confrrm with the Engineer the elevations for installation of the new pipe crossing. When an existing crossing is being replaced the contractor shall save all granular and riprap. Reconstructed crossings which are substantially wider or deeper than the existing may require the use of additional approved native materials and/or imported granular B backfill. New crossings can be backfilled with compacted on-site native material that is free of large rocks or stones. Under no circumstances may rocks or aggregates with a diameter greater than 100mm be placed within 200mm of the pipe. The Contractor is responsible for any damage to a culvert pipe as a result of rocks or stones in the backfill. "'. The excavation of the drain bottom shall be carefully shaped to receive the lower 10% of the pipe diameter, such that.the piperests evenly on an undisturi:>ed native soil bedding cradle. In the alternative, Granular "B" bedding material may be placed to a depth of 100 mm below the design invert of the pipe and shaped to receive the pipe. After pipeplacement, approved native backfill (or Granular "B" backfill) shall be placed and compacted in maximum 300 nun thick layers equally on each side of the pipe, to the full width of the culvert. Each layer of native or granular backfill shall be compacted to 90% Standard Proctor Density. All new crossings shall have a minimum 6m laneway width and end slopes shall be at a 1.5: 1 slope or flatter. Finished crossing elevation shall provide a minimum of 300mm pipe cover. Finished crossing surface shall be a minimum 150mm depth of compacted Granular A for the minimum. 6m width and extending from top .of bank.to top ofi:>anI,<;:using salvaged granular or imported granular as required. Granular surface will be part of !he contract price for the new crossing. Further details on a culvert installation may be included on the drawings or within the construction notes on the drawings. In general, the complete culvert installation shall be done to the satisfaction of the Engineer. Installation of private crossings during construction must be approved by the Engineer before the culvert is installed. 1) Road Culverts The size and material for any new road crossings shall conform to Section F .1.2 (A) and/or as specified on the Drawings. Installation should be completed to the minimum standards as described in Section F.1.3 (G) but must also meet the construction and traffic control requirements outlined in General Condition E.17. J) Riorap Protection for Culverts Where riprap protection is called for, it is required for both the upstream and downstream ends of a new culvert (unless otherwise specified) and such riprap shall be in accordance with General Condition E.39. Riprap is to be adequately keyed in along the drain bottom to a minimum depth corresponding to the culvert embedment and countersunk into both drain side slopes a minimum distance of3oOnun. After backfilling/compacting the native backfill to the necessary end slope contours, the contractor shall lay a filter blanket (provide a minimum 300mm horizontal return distance at the Granular A interface) prior to placing the riprap. The riprap shall extend to the top of laneway or roadway surface or as directed on the Drawings. No riprap is required in the ditch bottom on the upstream side of a crossing. If riprap is required in the ditch bottom on the downstream side of a crossing it shall be specified on the Drawings. Any designated new end face slope not protected by riprap shall be seeded as per specifications for ditch bank seeding. 4 II I F.1 - Open Drain Specifications Page 5 K) Work within a Road Allowance Any work done on the road allowance, with respect to excavation, disposal of materials, installation of culverts, cleaning under bridges, etc., shall be to the satisfaction of the Road Authority. If it is necessary to haul materials away, additional payment will be provided unless described on the plan. Where a ditch is being removed from a road allowance, it must be reconstructed wholly on the adjacent farmland with a minimum width of one (I) metre on the roadway side of the ditch, unless otherwise noted on the drawings. The excavated material shall be used to fill the existing open ditch and any excess excavated material shall be placed and levelled on the adjacent farmland. . L) Tile Outlets The location of all existing tile outlets may not be shown on the profile for the drain. The Contractor shall contact each owner and ensure that all tile outlets are marked prior to commencing excavation on the owner's property. If a marked tile outlet is damaged during or altered due to construction, the Contractor shall repair or replace the damaged or altered outlet as part of the Contact. If an existing outlet pipe is requires replacement the Contractor shall confrrm the replacement outlet pipe with the Engineer. Additional payment will be allowed for the repair or replacement of any unmarked tile outlets encountered during excavation. Where stone or concrete riprap protection exists at any existing tile outlet such protection shall be removed and'replaced as necessary to protect the outlet after reconstruction of the channel. If any outlet becomes plugged as a result of construction, the Contractor shall be obligated to free such outlet of any impediments. 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';i 8~ ",,, ~~11 ~ - Q........ _ ;,:;._ .0 ~>O _ s: a s = _~ ....~ ""S;..... s a ~ as a sa a SB g 8 e:. ~ 3 aa as 9as'" ... !!:! gg ~ ~2' ~ g~ l=: l' 't If !ii!g g~ ~~~!! ;t ..~ 0.... .... ~'" <;> <'1\(1 \0 _ .... _ 0_ -... ......... - II Community Services Department MW-2006-30 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca -- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovic@niagarafalls.ca April 3, 2006 Alderman Selina V olpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-30 Frederica Street Pedestrian Safety Review RECOMMENDATION: It is recommended that the following report be received by council for their information. That flashing beacons be instal1ed on Frederica St. BACKGROUND: Following a council meeting on January 23, 2006, staff has been requested to review the safety of pedestrians crossing Frederica Street near the Stamford Memorial and Jack Bell Arenas. The area of concern includes a section of the roadway directly in front of the arena entrances and the parking facility located on the opposite side of the roadway. Frederica Street is a collector roadway consisting of two travel lanes, one in each direction separated by a single solid yellow centre line. Sidewalks are present on both sides of the roadway in the study area, which is located between Glenholme Avenue and Prince Edward Avenue. The total width of the roadway is II metres, which includes a shoulder on the north side of the roadway. Currently, parking is restricted on both sides of the roadway in the study section, between Glenholme Avenue and Prince Edward Avenue. A crosswalk, which is uncontrolled is located directly opposite the pathway from the parking facility. This crosswalk marking consists of blocks rather than the standard continuous lines, increasing awareness to motorists of its presence and function. The crosswalk is currently in good condition. Oversized "pedestrian" signs are present on Frederica Street in advance of the crosswalk in both directions which are also complemented by "pedestrians ahead" tabs. Also, a sign indicating "Arena Entrance - 150 metres" is posted facing eastbound motorists on Frederica Street in advance of the building, to notify motorists travelling around the curve to the possible presence of pedestrians ahead. Staffhas reviewed Frederica Street in the vicinity ofthe arenas to determine whether sufficient warning is provided to motorists of pedestrian activity in the area, and whether pedestrians are able to safely cross the roadway. Crossing pedestrians are presented with adequate visibility Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services -------.~---- ------ ----------- -------- ---rr" " ,.--...- April 3, 2006 -2- MW-2006-30 when crossing Frederica Street, which allows them to view oncoming vehicles approaching from both directions. Similarly, motorists approaching the crosswalk have adequate stopping sight distance. The roadway is also illuminated during nighttime by light standards. One light standard is located on either side of the crosswalk, thereby providing ample visibility during night conditions. In addition, the intersections of Frederica Street at Glenholme Avenue and Frederica Street at Prince Edward A venue are controlled by all-way stops, requiring motorists on all approaches to stop, creating sufficient gaps for pedestrians to cross the roadway safely and without significant delay. Further to the traffic signs on the roadway for motorists, signs indicating "Pedestrians - Wait for Gap before Crossing" must also be installed following previous studies in 2002, to augment the existing signage and convey to crossing pedestrians that they must yield to vehicular traffic which has the right-of-way at the uncontrolled crosswalk. A collision review conducted on the study section of the roadway reveals that one collision has been reported on the study section of Frederica Street in the previous three year period. The collision involved a vehicle colliding with the rear of another vehicle which was allowing a pedestrian to cross the roadway. Based on traffic warrants, the existing traffic control devices are sufficient. Staff has however, investigated alternate devices that may be suitable for installation to augment the presence of pedestrians. Solar Flashing Beacons: These devices may be installed on the existing "Pedestrians" signs in advance of the crosswalk. The purpose of the beacons is to augment the "Pedestrians" signs and increase awareness to motorists of the potential of crossing pedestrians on the roadway ahead. As this device is solar powered, the installation does not require external power, trenching, cabling or dismption of traffic flow during the installation process. The flashing beacon operates 24 hours per day. Cost: The cost of these devices is approximately $2500.00 per unit. Two units would be required on Frederica Street, one in advance of the arenas in each direction of travel. Maintenance and operation costs are relatively low, as only battery replacement is required annually. Installation costs are minimal as the beacons retrofit over existing sign posts. The total costs for the installation of two solar flashing beacons is $5000.00. Raised Pavement Markers: These devices are imbedded into the asphalt at the crosswalk. As they are retro-reflective they are predominately effective during nighttime conditions. The raised markers augment the pavement markings at the crosswalk, identifying the location of the crosswalk. Although the markers are imbedded into the asphalt, there is a high probability that replacement will be required following annual snow ploughing operations. Cost: The hardware and installation of approximately 12 markers is between $3,000.00- $4,000.00. Future maintenance costs are primarily dependant on the number of markers damaged by snowplows. . April 3, 2006 .3. MW-2006-30 Neither of the two alternatives have been included in the 2006 budget. Staff is suggesting that should a device be chosen, the chosen device be the solar Hashing beacon. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: /~~ ~1t14 Karl Dren, CoE.T. J n MacDonald Manager of Traffic & Parking Services hief Administrative Ofticer Appro"d~ /\)- ' ~ \, Ed Dujlovic, P.Eng. Director of Municipal Work Bart SkibaS:\TPS\TPS 1.00 Administration\TPS \.06 Report:i\~006 Community Ser...ic~s\04 April OJ\MW.2006-JO Frederica Street-Pedestrian Satety RC\ill:w.wpu II I . . . . . . ;:om ~ ~~ (1) ;.: trj 7:a. Vl _. 1F~ ..... Vl .... ..... ~ ~.> _._. (l =::s ~.~ e.ao trj m 0>-0 ;; =::s po ~ ~ ;; Vl .... ~ :>;" ~ . -r '. S. '" (Jq PRINCE E ARD AVE. ~ . . - \ J i ~ z~ ",J,T: : , "'; J I !!! ~O =~ I !lI ~ n~ ' . . ~ ~ -j-.. . ~ . o>~ >-- 1;1 : ~ 0[, U . ~ .~ '""'I .. I :; 2:""3 - ~' (1) I,,, i ~ m= ~ ::s ' ::: $l:J JII" =- (fJ. CIl.l":< ,..., i ~ . , . GLENHOL A VE. ~ . . , , ..L . .. . 2 ~ " ... ~~ .. 'Tj -, ~,' ~ g; i~ .~ p. ~ "0 - ::l. ;:0 - 0 to w ....., tT1 ....., n < r' N >-0 ..., ....., HILLSDALE AVE. ;J> r' 0 (1) [fl 0 0- ~ [fl tT1 0\ ~ 'Tj >-l < ..... .... "'1 :r:: C :L (t) "'1 [fl tT1 po 0- =::s (1) - >-l - [fl .... ("'J a >-l [fl -. po (l Ro ;:c ,=,>PO (1) [fl 'i:la:; ~ qq no .... (1) >e g;o ~ (1) (1) :tlz <: ..... >-<: to -. ~- [fl0 po (1) -("'J .0 :4 ~ z_ [fl ::tj:: C'J'i:l ....., ~ [fl ;:0 :>;" 'JJ> N -. ~t"' 0 cr" DRUMMOND RD. po ~~ _0 n::c ~~ 'JJ'JJ . Community Services Department MW-2006-39 ™ City oi l~ " "".", w,"' Ed Dujlovlc Niagara Falls 4310 Queen Street Director I P.O. Box 1023 Canado I!'i Niagara Falls, ON L2E 6X5 .J web site: www.city.niagarafalls.on.ca ~ Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.nia9arafalls.on.ca April 3. 2006 Alderman Selina Volpatti. Chairperson and Members of the Community Services Committee City of Niagara Falls. Ontario Members: Re: MW-2006-39 New Sidewalk Construction Drummond Road From Morrison Street to Perkins Street RECOMMENDATION: 1. That staff be directed to proceed with further investigations and design ofa new sidewalk on Drummond Road starting at Morrison Street and terminating at the existing sidewal\. :h at Perkins Street. o.nd ~+ o..l-luna...J;vc.. +u.r-d\~ SOlLrc.-e5 I?t... in\! es t;a; eel. BACKGROUND: On Tuesday March 7. 2006 the 2006 New Sidewalk Construction contract was put out to tender which included the construction of sidewalks on Thorold Stone Road and one block of Valley Way. The tender closed on Tuesday March 21.2006 and will be brought to Council on April 3. 2006 for approval of award to the low tenderer. Following the tendering of the 2006 New Sidewalk Construction Contract. the need to investigate the possibility of constructing a new sidewalk on Drummond Road has become of interest. The preliminary investigations show that withstanding some minor alignment issues it would be possible to construct a sidewalk on Drummond Road from Morrison Street to Perkins Street. Similar sidewalk construction has been designed in other areas of the City and staff have experienced long delays in obtaining approval from the Canadian National Railway (eN). therefore, the exact timing of construction cannot be identified at this time. Estimated costs for the said sidewalk have been generated using 2006 contract prices and estimated quantities taking into consideration the CN crossing. The estimated cost of the sidewalk construction would be $ 80,500.00. Working Together to Serve Ollr Commllnity Municipaf Works" Fire Services" Parks. Recreation & Culture" Business Development.. Building & By-Law Services II I '-,y-- April 3, 2006 - 2- MW-2006-39 Committee's concurrence with this recommendation is appreciated. Prepared by: Respectfully submitted: k? -------- ;4;A1'~ Frank Tassone .. John MacDonald . Project Manager V Chief Administrative Officer AP~V~~ Ed DlUlovic, P.Eng. Director of Mlmicipal Works S:,REPOffIS~OO() RCplJrts';\[W-2006-J9 - Drummond Road Sidcw:llk.wpJ . MW-2006-42 Community Services Department Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www,city,niagarafalls,on,ca -- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovl@city.niagarafalls.on.ca April 3, 2006 Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-42 - Walker Industries Waste Disposal Environmental Assessment RECOMMENDATION: That the report be received for the information of Committee BACKGROUND: in 2003 Walker Industries initiated the terms of reference in order to proceed with an Environmental Assessment (EA) for future waste disposal capacity in the City of Niagara Falls for solid non hazardous waste generated in the province of Ontario. The purpose of the EA is to address the problem that the Walker East Landfill has reached 85% of its approved capacity and will close in approximately three years. The east landfill anchors an integrated waste management facility that Walker operates at the site that also includes recycling, transportation, composting, public waste drop off and landfill gas utilization. The EA was submitted to the Ministry of the Environment (MOE) for fom1al review as required under the Ontario Environmental Assessment Act section 6.1 (2) and in accordance with the terms of reference approved by the MOE on September 30, 2004. The EA report has been made available for public review and comment from February 17,2006 - April 7, 2006. Any comments regarding the EA report must be submitted in writing or by fax to the MOE by April 7, 2006. The proposed undertaking is an expansion to the landfill in Walker's nearby south quarry (see map) that is near completion. The expansion is to be called the "South Landfill" and will be designed and operated in accordance with the requirements of Ontario regulation 232/98 (Landfill Standards). The proposed landfill will accept solid, nonhazardous waste generated in the province of Ontario at a rate of up to 750,000 tonnes per year. (Note; the existing landfill is allowed 750,000 tonnes per year) An additional allowance of between 50,000 & 100,000 tonnes per year is dedicated exclusively to the Working Together to Serve Our Community Municipal Works. Fire Services. Parks, Recreation & Culture. Business Development. Building & By~Law Services II April 3, 2006 -2- MW-2006-42 Regional Municipality of Niagara, to be used for contingency/emergency disposal thus the maximum waste that would be received, if the Region were to make use of the capacity, would be 850,000 tormes per year. The estimated total disposal capacity for the proposed landfill is 17.7 million cubic meters and it is expected that the operations would start in 2009 and would continue for approximately 20 - 25 years. Walker Operations in the City of Niagara Falls .. CURlWfT SITE EIITlWICE 500 l,ooo Meiers 41) PREFERRED SITE EIt1'RANtE (NEW) ~ PREFERRED lWJL ROlm ILONG DlSTAHCe) NIAGARA-ON- THE-LAKE Before arriving to the conclusion that the landfill expansion was the best alternative Walkers was required, as part ofthe EA process, to consider various "alternatives to." These alternatives included do nothing, further waste diversions, i.e., enhanced recycling, thennal/combustion technologies and landfill expansion. These alternatives were then put through a screening evaluation that composed of, consistency with the stated purposed of the environmental assessment, capable of approval, technically feasible/proven technology and commercially viable. As a result of the screening process it was concluded that landfilling was the best alternative to move forward. Once the landfilling alternative was selected it then was subject to a number of evaluations. The evaluations that were considered included site location, footprint evaluation (includes height), haul routes and site entrances and finally end use alternatives. As a result of the evaluation the preferred site, the south quarry (see map) was selected along with the preferred haul route that being Hwy. 58 and Taylor Road. Following the selection of the preferred site analysis had to be undertaken with respect to the environment that was potentially affected by the proposed landfill. The studies carried out to assess the impact of the proposed landfill included land use planning, agriculture, air quality, . April 3, 2006 .3. MW.2006.42 noise/vibration, archaeologicallbuilt heritage and cultural landscape, ground water/surface water, ecology, economics/financial, social/cultural, traffic and visual/landscape issues. As a result of the studies undertaken a list oflitigation measures as well as net effects and an impact management plan was developed. (See attached executive summary) As per the terms of reference for the EA and extensive public consultation process was carried out by Walker Industries. Public input was sought through a variety of means including pLlblic open houses, interactive website, newsletters, newspaper ads, presentations to various environmental groups, neighbours and local government. An EA committee which was established in 2003 and met on a monthly basis to review all documents and provided input from the preparation of the terms of reference for the EA to the final EA document. Membership of this EA committee consisted of Walker employees, consultants, neighbours of the existing Walker operations, members of public who had an interest in the undertaking, City staff (Ed Dujlovic, Municipal Works, Dave HeyworthlJohn Barnsley, Planning Department), Regional Planning and the Niagara Escarpment Commission. The committee provided input and raised areas of concern that it felt needed to be addressed by Walker Industries and its consultants throLlghout the process. NEXT STEPS Following the April 7, 2006-deadline for comments on the EA the MOE will carry out a review of the EA as well as comments received. Once the Review has been completed and posted the public has another five weeks to comment on the Review. Depending on the comments received it is anticipated that approval for the landlill expansion will be received by Fall of this year. It should be noted that amendments to the Official Plan and Zoning By-law will be required as part of the approval process. Walker will be submitting these applications following noti tication of the Minister of the Environment's intent to approve the EA application, In conclusion all concerns that have been raised by City staff during the environmental assessment process have been addressed by Walker Industries to staffs satisfaction. Accordingly, it is staffs recommendation that this report be received for Committee's information. Prepared by: ! · ~:i'~;~:;:v [~/L-. fJ!ohn MacDonald Ed DtUlovic Director of Municipal Works ; Chief Administrative Officer S:\REPORTS\2006 Reports\MW-2006-42 - Walker Industries Waste EA.wpd II -, __I " , . Walker Waste Disposal Environmental Assessment Executive Summary 1. Introduction ,." This Environmental Assessment (EA) has been completed by Niagara Waste Systems Limited (NWSL), a subsidiary of Walker Industries Holdings Limited (referred to more simply as "Walker" in this document), for the 'provision of future waste disposal capacity in the City of Niagara Falls. in the Regional Municipality of Niagara for solid, non-hazardous waste generated in the Province of Ontario. Walker requires the additional waste disposal capacity in order to replace the capacity of its current East Landfill, which will close in about three years. The East Landfill anchors an integrated waste management facility that Walker operates at the site that also includes transportation, recycling, composting, public waste drop-off, and landfill gas utilization" Walker applied to the Minister of the Environment for an agreement to designate this proposed undertaking under the Environmental Assessment Act on January 14, 2004, and received approval for the agreement on June 3, 2004. The Minister subsequently approved Walker's Terms of Reference for a full EA on September 30, 2004, to fulfill the requirements of the Act. This EA has been prepared in accordance with the approved Tenns of Reference. A multi-stakeholder EA Committee (consisting of neighbours and local government agencies and other interested community members) was fonned in 2003 and provided input and advice throughout the development of the Tenns of Reference and this EA. 2. Description of the Proposed Undertaking The proposed undertaking is a landfill expansion in Walker's nearly depleted South Quarry, immediately southeast of the current East Landfill (Figure I). The expansion is to be called the "South Landfill". It will be designed and operated in accordance with the requirements of Ontario Regulation }32198 (Landfill Standards). i II / ~ -- ~ -~ .,;>,'-. ;-:~ . -+- ,. . .. . .. .. .. .. .. .. .. .. - - - - - - - - ....... , , Walker Waste Disposal Environmental Assessment The South Landfill will accept solid, non-hazardous waste generated in the Province of Ontario at a rate of up to 750,000 tonnes per year. An additional allowance of between 50,000 and 100,000 tonnes per year is dedicated exclusively to the Regional Municipality of Niagara, to be used by the Region for contingency/emergency disposal capacity of waste residuals that may remain from the Region's ongoing efforts centred around a diversion target of 65% by 2010, antt-disposal capacity resulting from the application of alternative waste disposal technologies. Thus the maximum total waste receipt is 850,000 tonnes per year. The estimated total disposal capacity is about 17.7 million cubic metres. Landfilling is expected to start in about 2009 and continue for approximately 20 to 25 years. Waste receiving hours will be 7:00 a.m. to 7:00 p.m. Monday to Friday; and 7:00 a.m. to I :00 p.m. Saturday. Daily site preparation and closure activities may occur for up to one hour before and two hours after these times. The site will be closed on Sundays and statutory holidays. There will be a designated haul route for long-haul landfill vehicles from Highway 406/58 through the Thorold Tunnel, to Regional Road 58, to Thorold Stone Road, and to the newly reconstructed Taylor Road leading to a new site entrance (Figure I). However, local haulage trucks may continue to use the other existing Regional roads to access the site, depending on their origin and routing. The South Landfill will have a full liner and leachate collection system - the Generic Design Option II - Double Liner as set out in Ontario Regulation 292/98. This design has been prepared by the Ministry of the Environment to be fully protective of groundwater for the full contaminating lifespan of leachate. The collected leachate will be aerated on the Walker site and then discharged to the Regional Niagara sanitary sewer for treatment at the Port Weller Sewage Treatment Plant in St. Catharines. Clean storm water collected at the site will be passed through a settlement pond at the southern site perimeter, and then discharged through an existing pipeline to the Old Welland Canal west of the Walker site. Any storm water that comes in contact with the active landfilling operations will be segregated and sent with the landfill leachate for treatment. A gas collection system will also be installed in the South LandfilL Collected gas will be pumped to nearby industries as a green energy source, and/or possibly utilized for green energy production in an electrical generating plant. Any excess gas will be flared off. Each phase of the South Landfill will be progressively rehabilitated with final cover and vegetati.,on as it is completed. An agricultural end use is assumed; however, Walker proposes to make a final decision closer to the time when the landfill is scheduled to close, in consultation with the community, so the landfill expansion is designed to accommodate a range of potential end uses. iii II Walker Waste Disposal Environmental Assessment 3. Rationale for the Proposed Undertaking Following an in-depth analysis of Walker's current and future role in the provincial, regional and local waste management systems, the following major conclusions were reached: L There is a significant requirement for additional waste disposal capacity in Ontario over the next 20 years. Replacement of East Landfill capacity is necessary to help support the current and future deficits in the provincial waste management system. 2. Replacement of the East Landfill annual capacity is necessary if Walker's customers in the Regional Municipality of Niagara and the western Golden Horseshoe are to retain a cost-effective local waste disposal service. Regional Niagara will continue to rely on the private sector to provide waste disposal capacity for its industries, businesses and institutions. 3. It would be advantageous for Walker to obtain additional disposal capacity in the City of Niagara Falls in order to directly support important waste diversion activities that benefit Regional Municipality of Niagara, and IC&I customers in Niagara Region and the western Golden Horseshoe. It will also assure future emergency/contingency waste disposal capacity for Regional Municipality of Niagara. These conclusions provide a solid rationale for the proposed undertaking. 4. "Alternatives To" the Undertaking Four "alternatives to" were examined in this EA, as specified in the approved Terms of Reference. 4.1 "Do Nothing" Alternative The "do nothing" alternative means that Walker would close its current East Landfill in 2009 when it reaches capacity and not offer any further waste disposal services in Niagara Falls. This alternative does not meet the stated purpose of the EA since it does not provide the future waste disposal capacity that is necessary for Walker's customers. This will also exacerbate the substantial projected deficit of waste disposal capacity in Ontario over the next 20 years and increase the province's reliance on waste export to the USA. It will deprive Regional Niagara of emergency/contingency waste disposal capacity for its residents. Lastly, it is not a commercially viable option for Walker, since the lack of waste disposal capacity, and the revenues that it provides, would seriously impair the economic viability of Walker's integrated waste management systems and services. As a result, this alternative was eliminated from any further evaluation in the EA. iv . " . Walker Waste Disposal Environmental Assessment 4.2 Further Waste Diversion Alternative Further waste diversion is a feasible alternative for Walker to pursue. Walker already has plans to expand its waste diversion efforts from about 200,000 tonnes per year currently to more than 350,000 tonnes per year. However, even with similarly aggressive waste reduction ~pd diversion programs across Ontario for both municipal and IC&I waste streams, moving the province towards its proposed goal of 60% total diversion by 2008, there will remain a significant net deficit of waste disposal capacity. As a result, Walker can pursue enhanced and expanded waste reduction and diversion opportunities while still pursuing the proposed amount of future waste disposal capacity. 4.3 Thermal/Combustion Technologies Alternative Thermal/combustion technologies for waste disposal such as mass-burn incineration, pyrolysis, gasification, refuse-derived fuel, plasma gasification and depolymerization are not feasible waste disposal alternatives for Walker. Although several can now be considered technically feasible and proven technologies, they are not commercially viable for the private sector. Their high capital and operating costs will result in uncompetitive tipping fees. Furthermore, no "flow control" mechanisms exist in the private sector waste management marketplace to direct waste to the Walker facility at a higher price. As a result, this alternative was eliminated from any further evaluation in the EA. 4.4 Landfill Expansion Landfill expansion is a feasible alternative for Walker, based on its successful operation of the current East Landfill and the property and infrastructure already available in the same proximity. This alternative was therefore carried forward for further detailed analysis in the EA. 4.5 Conclusion - "Alternatives To" Both landfill expansion and further waste diversion passed the screening evaluation and are feasible alternatives. Rather than compare and choose between these two alternatives, Walker will pursue both in combination. Further waste diversion programs will be pursued separately outside of this EA since most of these programs either do not require approval under the Environmental Assessment Act, .andlor they may be introduced at some future date. In the meantime, the EA can proceed through the comprehensive impact assessment with a landfil1 expansion as the preferred alternative. l , I v I II .'_.. Walker Waste Disposal Environmental Assessment 5. Alternative Methods of Carrying Out the Undertaking In consultation with its EA Commillee and other stakeholders, Walker developed and evaluated four sets of alternative methods for carrying out the proposed undertaking. "" 5.1 Alternative Site Locations Walker currently owns 23 parcels of property in the City of Niagara Falls that were examined as possible candidate sites for a landfill expansion. Only three of these sites - the East Landfill, the South Quarry, and the Southeast Quarry - are larger than 66 ha. This is the calculated minimum site size that can accommodate a landfill of 17.7 million cubic metres of waste disposal, the required amount identified in the approved Terms of Reference. As a result, these three sites were carried forward for a more detailed evaluation and comparison in order to select a preferred alternative. 5.2 Alternative Footprint Locations Three possible footprint locations were examined for a 17.7 million mJ landfill expansion - the East Landfill; the South Quarry; and the Southeast Quarry (Figure I). The South Quarry was found to be a feasible location for a landfill expansion; however, the Southeast Quarry and the East Landfill were both screened out from further consideration in the EA. The portion of the Southeast Quarry east of the natural gas pipeline is too small to accommodate the landfill expansion. The portion of the Southeast Quarry west of the pipeline is licenced for future aggregate extraction. Conversion to a landfill site at this time would sterilize close-to-market aggregate resources, in contravention of the Provincial Policy Statements on mineral aggregate resources as well as Regional planning policy. Furthermore, the loss of these licenced resources would affect Walker's aggregate business in Niagara and have significant impacts on the supply and cost of aggregates in the Niagara region. A vertical expansion of the East Landfill is unlikely to be approved under the province's Niagara Escaipment Plan and the Greenbelt Plan, since the northern portion of the site lies within the Plan Area. However, a vertical expansion of the southern portion of the East Landfill lying outside of the Plan Area were combined with the South Quarry to create a feasible "Combination" footprint. A comparative evaluation of the South Quarry alternative and the Combination alternative, concluded that the South Quarry is the preferred footprint alternative (to be named the "South Landfill"). Key reasons include the lower height of this alternative, which then results in less visual impact in the vicinity, as well as being able to beller control and manage operational effects, such as noise, dust and liller. It is also less vi . -- ~ . Wal ker Waste Disposal Environmental Assessment expensive to design, approve, construct, and operate, resulting in lower costs of service to the users of the Walker facility. 5.3 Haul Route and Site Entrance Alternatives "" Haul route and site entrance alternatives to access the proposed South Landfill were examined. In consultation with its multi-stakeholder Environmental Assessment Committee, Walker established a range of five possible routes that could bring long-haul landfill trucks from the Provincial highway network to the site, and four possible entrances to the site. Of the fourteen possible combinations that the Committee identified, Walker concluded that seven of those combinations were the most reasonable, and undertook a comparative evaluation of these alternatives. The comparative evaluation concluded that the preferred alternative for long-haul landfill vehicles is the haul route from Highway 406 and Highway 58, to Regional Road 58, to the newly reconstructed Taylor Road, and accessing the site from a new entrance to be constructed on Taylor Road along the eastern perimeter of the proposed landfill (Figure I). Major advantages of this alternative, (relative to the others) includes: fewer adjacent residences, a short haul distance from the provincial highway, and the use of an existing roadway that requires no major reconstruction costs or approvals. This preferred haul route is to be used for long-distance landfill haulage to the site. Typically this includes larger tractor-trailer loads travelling from western Regional Niagara, Hamilton, and the rest of southern Ontario. This currently accounts for approximately two-thirds of the waste disposal volume at Walker's existing landfill site_ Local landfill haulage trucks _ typically smaller rear-packer, lugger and roll-off loads approaching the site directly from the City of Niagara Falls or adjacent local municipalities in Regional Niagara, will be directed to use the preferred haul route when reasonable, but they may also continue to use the other existing Regional roads around the site to access the new Eastern Entrance on Taylor Road, depending on their origin and routing. This will account for roughly one-third of the waste disposal volume at the site (still a significant number of trucks, since the loads are smaller). Walker will put in place a program to discourage landfill truck traffic on any local streets around the site (i.e., other than Regional roads), aside from trucks that must make waste pick-ups on those streets. " 5.4 End Use Alternatives End use alternatives for the proposed South Landfill were evaluated. Based on consultation with its EA Committee, Walker is proposing to defer the decision regarding the preferred end use until two years prior to the landfill reaching 90 percent capacity, or four years prior to vii I. Walker Waste Disposal Environmental Assessment the anticipated date of site closure, whichever comes first. At that time, the characteristics and needs of the community can be reassessed and the [mal end use can be incorporated into the closure plan. Walker will establish and consult with a multi-stakeholder End Use Conunittee, and the broader community during the evaluation. A list of potential end uses has been established for consideration afthat time, including a range of private or public open space, public recreation, and business uses. The design of the landfill expansion will attempt to offer as much flexibility as reasonably possible for accommodating a wide range of these options at the time of closure. In the meantime, an agricultural end use was assumed for the purposes of this environmental assessment studies, in recognition of the prior conunitment to an agricultural end use when the South Quarry licence was granted. Walker will investigate options for agricultural end uses on Class 2 and 3 soils on their existing East Landfill in consultation with Ontario Ministry of Agriculture and Farming (OMAF) and post-secondary school research programs. Once recommendations are made from the research programs, the information could be applied to progressively rehabilitate the South Landfill. Crop monitoring on the rehabilitated East Landfill surface may ultimately indicate restriction on the type or range of agricultural production that could feasibly be undertaken. 6. Environment Potentially Affected by the Undertaking Expert consultants in their respective fields carried out a comprehensive series of environmental studies. These studies document the existing and expected future environmental conditions on-site and in the site vicinity, along the haul routes and in the broader communities (as applicable). The site itself consists of a nearly depleted quarry, hence an active industrial use. If this undertaking were not to proceed, then the South Quarry would likely be rehabilitated to an agricultural use, in accordance with its licence. The site vicinity is comprised of mixed industrial (Walker's and others), institutional, IUral residential, general agricultural, and associated environments typical of semi-urban environments. Although there are relatively few established agricultural operations with land parcels disconnected, soil quality is moderate to good for agriculture. The landscape is characterized by some open grassland fields, defined by hedgerows and fence lines, and punctuated by small and large mature deciduous woodlots. The Niagara Escarpment (and Wood End Conservation Area) north of the site is the most significant natural environmental feature in the area, although its natural corridor is relatively thin and discontinuous in this area. No Species-at-Risk were identified in the area. Natural surface water and groundwater flow is towards the Escarpment, although it is intercepted by the quarry and landfill operations. Some of the Regional roads in the site vicinity such as Thorold Stone Road carry very heavy traffic loads, while others such as Mountain Road remain more IUral in nature. Overall traffic growth in the area is y;jj --"------ ------- , '"' . Walker Waste Disposal Environmental Assessment projected to grow by 2% per year, according to Regional traffic experts. Air quality is typical given the mix of land uses, with dust, noise and odour associated with the heavy roadway traffic, industrial and fanning operations. These uses and environmental conditions in the site vicinity are not projected to change substantially over the next several decades, mainly as a result of planning policies' that prohibit or limit new development (e.g., Niagara Escarpment Plan, Greenbelt Plan). Walker is a significant element of the local community. Some neighbours in the immediate site vicinity are very conscious of Walker's operations and it has an influence on their use and enjoyment of property, mainly related to occasional nuisance effects from the operations such as odour and traffic. Regionally, several major urban areas bound the site - Thorold to the west, St. Catharines to the northwest, and Niagara Falls to the east and south. Based on surveys, the Walker operations are not a concern in the broader community. 7. Potential Environmental Effects of the Undertaking The expert consultants also analysed the proposed undertaking and predicted its potential or possible effects on the environment. This led to recommendations for mitigation, and eventually to the documentation of net effects (see Section 9 below). 8. Mitigation Measures Although vigorous design and operational standards were incorporated into the proposed South Landfill right from the outset, Walker has committed to additional mitigation measures, including: . An expanded dust control program; . Increased gas collection piping in the landfill, and the installation of the gas collection system on a more progressive schedule, in order to reduce odours; . A revised entrance design to improve traffic safety and operations; . Additional berms and landscaping to screen visibility; , . Selective use of the "starter pistol" banger for bird control; . Property value protection program to protect the financial interests of current residential property owners within one kilometre of the site; and . Investigate options for agricultural end uses on the existing East Landfill in consultation with OMAF and post-secondary school research programs. Once recommendations are made from ix II - .. Walker Waste Disposal Environmental Assessment '~ the research programs, the information will be applied to progressively rehabilitate the South ~ Landfill. I 9. Net Effects - Advantages and Disadvantages to the Environment . < , The positive net effects (advantages to the environment), and negative net effects (disadvantages to the environment), of the proposed undertaking are summarized as follows: , Net Advantal!es to the Environment Net Disadvantal!es to the Environment 0 Continuing certainty of local access to waste 0 Contributions to off-site PM.. particulates that management services for Regional businesses. exceed provincial guidelines, equivalent to 0 Secure contingency/emergency disposal about four days per year, in the areas capacity for Regional Niagara curbside waste. immediately adjacent to the Walker site. 0 Supports the continuing viability of the public 0 Continuing nuisance effects (such as odours, waste drop-off, composting, and other waste dust, noise and litter) at residences within diversion initiatives at the site. about 500 m of the landfill, and/or anxiety 0 About 20 full-time equivalent jobs over the presence of an industrial facility, representing about $1.5 million in salary and which could cause a few individuals to wages, and the equivalent of about 72 full- consider moving and contribute to the ongoing time years of local employment in direct sub- transition in community character. contract jobs. . Some occasional, minor nuisance effects (such 0 Another 10 full-time equivalent jobs at as odours, dust, noise, and litter) at the Walker's other waste management operations, cemetery, public works yard, police yard, and representing about $0.5 million in salary and college. wages. 0 Periodic, long-distance views of the landfill 0 A total value of $60 million capital costs and operations from residences along Thorold $11 million/year operating expenses will be Stone Road, and sporadic views from public added to the Ontario economy, with the largest roadways. percentage in Regional Niagara. 0 Minor net loss of 8.6 ha of Class 2 and 3 0 Continued municipal taxes for the property at agricuIturalland shifting to Class 4 and 5, plus industrial assessment value. the temporary delay in rehabilitation of an 0 Enhanced federal and provincial revenues. additional 25.3 ha of prime agricultural land 0 Cost savings of at least $5 million per year to (Le., delay in the quarry rehabilitation for Regional business as a result ofIocal waste landfill operation). disposal capacity (based on a waste transfer rate of$20/tonne to ship elsewhere). Enhanced opportunities for local industries to utilize landfill gas as an energy source. x ~ Walker Waste Disposal Environmental Assessment 10. Impact Management Plan Walker will commit to a comprehensive impact management program in order to help its neighbours cope with any residual impacts that may remain, including: "",- . Regular cleaning of public roadways around the site as warranted in order to reduce background dust levels in the neighbourhood; . Liller collection to help beautify the surrounding community, both landfill and other liller; . Enhanced up-keep of residential properties that Walker owns in the neighbourhood to help enhance community character; . Further enhancement of the Ten Mile Creek Trail with additional features and amenities, developed in consultation with neighbours and other key stakeholders. . An on-site and off-site speed control program, using contracted Niagara Regional Police (NRP) officers (subject to the continued co-operation of the NRP), to improve traffic safety and reduce noise and dust nuisances in the surrounding community; . A responsive community complaint and response procedure; . A compensation program that will pay $5,000 per year to residential property owners within 500 m of the landfill expansion, for the management of nuisance effects (e.g., window washing, etc.); and . An enhanced community outreach program through the existing Walker Brothers Quarries Public Liaison Program (PLP), based on community input on how the current PLP can be improved. 11. Monitoring, Compliance and Contingency Plans Comprehensive enviromnental and compliance monitoring programs and contingency plans are provided in association with this undertaking. Key monitoring programs include groundwater, surface water, combustible gases, dust, noise and landscaping. , 12. Consultation Walker has carried out extensive public and agency consultation regarding this EA, beginning in 2003 with the initiation of the Terms of Reference and continuing to the present with the completion of the EA report. xi I. ---.. Walker Waste Disposal Environmental Assessment An EA Committee met monthly to provide input. The Committee was provided with an independent EA Advisor. This EA report was completed in sections and released to the EA Committee and other stakeholders as a series of consultation papers, for early input and guidance. Broader community outreach was carried out in the form of open houses, newsletters, a web site, a phone line, neighbour meetings, community presentations, agency meetings, etc. Throughout the EA, Walker maintained a comprehensive list of issues and concerns raised by its stakeholders. This list also records how and when each issue was addressed in this EA, and hence the ways in which consultation has affected the decision-making process. 13. Conclusion Overall, it is concluded that the proposed South Landfill can be carried out in an environmentally safe and acceptable manner. Although there are both advantages and disadvantages to the environment that are expected to result, Walker believes that, on balance, the proposed undertaking is consistent with the purpose of the Environmental Assessment Act as set out in Section 2, namely the betterment of the people JIll of the whole or any part of Ontario by providingfor the protection, conservation and wise management in Ontario of the environment. . . .. ,. .- - , , II xii . "'I, IN-CAMERA SESSION I. I Community Services Department MW-2006-37 The OJy of :J~ ",,10;'", W"k, Ed Dujlovic N'agara Fall- 4310 Queen Street Director I I 0 P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 .J web site: www,city.niagarafalls.on,ca -- IN-CMIERc\ Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city,niagarafalls.on.ca April 3, 2006 Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-37 Grassy Brook West Sanitary Sewer System Property Acquisition - Pumping Station Site RECOMMENDATION: It is recommended that the City Council aLlthorize staff, and lor its agent to enter into negotiations with any appropriate property owners for the purpose of acquiring a suitable site for the future Grassy Brook West pumping station and further that any administrative costs associated with the acquisition of the property be funded from the Development Charges Reserve Fund BACKGROUND: On February 6, 2006, City Council authorized staff to proceed with the engagement of Philips Engineering Ltd. to complete the detailed engineering design for the Grassy Brook West Sanitary Sewer System as determined by the preceding Municipal Class Environmental Assessment process. A key element in the design of this systerr is the sewage pumping station which will convey sewage flows collected within the service area under the Weiland River along Montrose Road to an existing gravity sewer north of Brown Rd. The Environmental Assessment process identified three candidate sites for the pumping station as shown on the attached plan. These sites are generally located on private lands and cannot be located within an existing road allowance due to piping configuration and access issues. The purpose of this report is to seek Council's direction to enter into negotiations with the owners of the candidate sites and to select one site on the basis of technical feasibility and price, All administrative costs (i.e., legal fees, registry office, surveying costs, property consultant, etc.) associated with land acquisition for this project are eligible expenses which can be fully funded from the Development Charges Reserve Fund. Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services II April 3, 2006 - 2- MW-2006-37 Given the sensitivity of the timing your favourable consideration of this matter is appreciated. ~repar~d b:( ~p""""y ~ 4'rcl\~~ ~"p - . GeoffHolman John MacDonald Manager of Development Chief Administrative Ofticer Approved by: f'b~ Ed Dujlovic, P.Eng. Director of Municipal Works attach(s),