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2006/07/10 -~, .; NINTH MEETING Monday, July 10, 2006 From 4:30 p.m. to 5:00 p.m. City Hall, Committee Room #2A.& B 1) Approval of the 2006-06-29 Community Services Minutes. 2) REPORTS: STAFF CONTACT: a) MW-2006-82 Directional Signage - Murray Street Update Report Ed Dujlovic b) MW-2006-81 Kiwanis Bus Bench Program Lundy's Lane BIA Request for Removal Ed Dujlovic c) CD-2006-08. Motorized Scooters Dean Iorfida d) MW-2006-83 Proposed Garage Construction Over Sanitary Sewer - 6058 Stevens Street Ed Dujlovic e) MW -2006-70 Contract #2006-'03 Phase #2 Asphalt Overlay Ed Dujlovic 3) NEW BUSINESS: 4) ADJOURNMENT: Page 1 of 1 Teresa Fabbro - Report MW 2006-81 - Kiwanis Bench Program From: Karl Dren To: lorfida, Dean Date: 7/4/2006 12:04 PM Subject: Report MW 2006-81 - Kiwanis Bench Program CC: Dren, Karl; Dujlovic, Ed; Teresa Fabbro Dean, based on a meeting yesterday between the Mayor, Lundy's Lane BIA and myself, I have been asked to defer Report MW-2006-81 until such time that the Kiwanis Group, Lundy's Lane BIA, the Mayor, and Staff can meet to discuss the matter further. Could you please arrange to have Report MW-2006-81 withdrawn from the meeting agenda. Thank you. Karl file:1 Ie: \Documents%20and%20Settings\Administrator\Local %20Settings\ Temp\G W} 0000 I.H... 7/4/2006 . t. . MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, June 26, 2006, City Hall, Room 2 at 4:00 p.m. PRESENT: Chair - Selina V olpatti, Mayor Ted Sa1ci" Alderman Jim Diodati, Alderman Joyce Morocco, Alderman earolynn Ioannoni, Alderman Vince Kerrio, Alderman Wayne eampbell, Alderman Janice Wing. REGRETS: Tony Ravenda, .Alderman Victor Pietrangelo, Pat Burke STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Denyse Morrissey, Barney Ruddell, Ken Burden, Karl Dren, Dean Iorfida, Serge Felicetti, Marianne Tikky- Steno PRESS: Rob Lapensee, Niagara This Week, eorey Larocque, Niagara Falls Review GUEST: Karen Akalu (ehair Arts & Culture), Catherine Minshild & Jim Bruzzese (BMA), Insp. Brian Eckhardt & Sgt. Dan D'Amico (NRP), Dave Schram, Sue McDowell, Frank LaPenna, Wayne Thomson, Several Merchants from the CentreNictoria/Clifton Hill area, Nick Colaneri - Hi Tech. MINUTES It was ORDERED on the motion of Alderman Morocco and seconded by Alderman Ioannoni, that the June 12, 2006 minutes be approved. Motion: Carried Action: Recommendation submitted to Council 2006-06-26. PRESENTATION a) BMA Financial Planning Policies It was ORDERED on the motion of Alderman Ioannoni and seconded by Mayor Sa1ci that the recommendations in the BMA Financial Planning Policies report be forwarded to staff. Motion: earried Action: Recommendation submitted to eounciI2006-06-26. REPORTS a) MW-2006-69 Nassau Avenue Traffic Operations Review It was ORDERED on the motion of Alderman Campbell and seconded by Mayor Sa1ci that report MW-2006-69 be received for information. Motion: Carried Action: Recommendations submitted to Council 2006-06-26. , -t -2- . b) R-2006-22 - The Centennial Water Molecule It was ORDERED on the motion of Alderman Diodati and seconded by Alderman Morocco that the report be deferred to the end ofthe meeting to allow the owners of Hi-Tech Material Handling Company to arrive. Motion: Carried c) MW-2006-71 - Interim Sign By-law It was ORDERED on the motion of Alderman Wing and seconded by Alderman Kerrio that the interim amendments passed for the eity's existing sign by-law that expires on June 30,2006 be extended until October 31, 2006. Motion: Carried Action: Recommendation submitted to Council 2006-06-26. d) MW-2006-72 - Parking Enforcement Fire Routes, Handicap Parking Greater Niagara General Hospital It was ORDERED on the motion of Alderman Diodati and seconded by Alderman Morocco that schedule 'D' (GNGH hospital security staff), be removed from By-law 2002-081, being a by-law to appoint provincial offences officers for the purpose of issuing parking infractions. Motion: Carried Action: Recommendation submitted to Council 2006-06-26. e) MW-2006-74 - Clifton Hill Parking Review It was ORDERED on the motion of Alderman Morocco and seconded by Alderman Kerrio that a "No Stopping, Tow Away Zone" restriction be installed on the south side of Clifton Hill between Victoria Avenue and a point 140 metres east of Victoria A venue, replacing: b. the "No Parking" restriction on the south side of elifton Hill between Victoria Avenue and a point 63 metres east of Victoria A venue; and, c. the "No Parking" restriction on the south side of Clifton Hill between a point 82 metres east of Victoria Avenue and a point 124 metres east of Victoria Avenue. Motion: earried Action: Recommendation submitted to eouncil 2006-06-26. ,. -3- . 1) MW-2006-77 - Victoria Avenue @ Centre Street/Clifton Hill Intersection Operations It was ORDERED on the motion of Alderman Kerrio and seconded by Mayor Sa1ci that the City make efforts to have various partners, along with the City itself pay for Police at the Victoria Avenue/eentre Street/elifton Hill intersection to an upset limit of$12,000.00 and the officers be deployed ASAP. Motion: Carried Action: Recommendation submitted to eounciI2006-06-26. g) R-2006-22 - The Centennial Water Molecule (cont. from item 'b') It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Diodati that the Centennial Water Molecule, be returned to the City of Niagara Falls within one year. Motion: Carried Action: Recommendation submitted to Council 2006-06-26. NEW BUSINESS a) It was ORDERED on the motion of Alderman Diodati and seconded by Alderman Kerrio that the City pursue decibel meters as a factor in the Noise By-law and report back to Council. Motion: Carried Action: Recommendation submitted to Council 2006-06-26. ADJOURNMENT It was ORDERED on the motion of Alderman Ioannoni and seconded by Mayor Sa1ci that the regular meeting ofthe Community Services Committee be adjourned at 5:50 p.m. Community Services Department MW-2006-82 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 July 10, 2006 Alderman Selina V olpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW -2006-82 Directional Signage - Murray Street Update Report RECOMMENDA TION: It is recommended that this report be received for the information of the Community Services Committee. That the report be deferred and that staff investigate other sign options. BACKGROUND: Council at it's meeting of May 8, 2006 requested that Staff meet with representatives of the Rainbow Motor Inn, Knights Inn and Lincoln Motor Inn to discuss the directional signage on Murray Street. On June 6, 2006, Staff met with representatives of the above mentioned businesses, including the Falls Mist Motel. At the meeting the following issues were discussed: 1) Addition of the Knight's Inn wording on the sign. This is contrary to the City's current signing Policy, as supported by all BIA's, therefore, it was not considered to be an option. 2) Elimination of the sign or the reference to the Lincoln Motor Inn & traveller's Restaurant. This item was not supported by the Owner of the Lincoln Motor, therefore, it was not considered to be an option. Working Together to Serve Our Community Municipal Works. Fire Services. Parks, Recreation & Culture. Business Development. Building & By-Law Services j i July 10, 2006 -2- MW-2006-82 r 3) Adding additional signs on Stanley A venue indicating that Main Street northbound continues by using Murray Street. Since Stanley A venue is a Regional Road, Staff are in the process of reviewing this matter with Regional Staff. 4) Redesign the arrow configurations on the Fallsview Casino directional signs located in advance of Main Street for southbound traffic and in advance of Dunn Street for northbound traffic. Since Stanley A venue is a Regional Road, Staff are in the process of reviewing this matter with Regional Staff. 5) Remove the orange "Road Closed" detour sign on Murray Street and the large orange "Checkerboard/Do Not Enter" sign at the intersection of Main/Murray/Allendale. Staff have taken action on this item and the orange construction signs have been removed. 6) Relocate existing directional sign closer to the intersection of Stanley A venue, in front of the Falls Mist Motel. This item was not supported by the Owner of the Falls Mist Motel, therefore, it was not considered to be an option. Therefore, it is recommended that no further action, with respect to the directional sign, be taken and that Staff continue to work with Regional Staff to further enhance signing for northbound motorists intending travel northbound on Main Street beyond Murray Street. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: espectfully s~ /('~ y~ .~tM Karl Dren, e.E.T. John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Approved by: [1-1 , - Ed Dujlovic, P.Eng. Director of Municipal Work S:ITPSITPS 1.00 AdministrationlTPS 1.06 Reportsl2006 Connnunity Servicesl07 July 1OIMW-2006- 82 - Directional Signage-Murray St - Update Report.wpd . , , , : :~ ; I I I .' ~ !:.._-~ - - - - - - - -.---- ' - ! L I I I m C') ::! I ~.........c..,~q..... ~ ~. . /'" ''=C~-''!j ( . '!P Ci5 (f) ~.. . Z I ",. " I ~ 00 .............. ..~_:c:cc-.:-= a. ~ / .. . - 0 In. . (f) z ""... 0 I . . ~ ~ - 00 ~ ~ w '" z ~ c'"' _ " ~ CC~ 00 0 o~m 0 uoo. c_ e ::i~CL r,. \ I r ~- , Community Services Department MW-2006-81 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: edujlovic@niagarafalls.ca July 10, 2006 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-81 Kiwanis Bus Bench Program Lundy's Lane BIA Request for Removal RECOMMENDATION: It is recommended that this report be received for information. BACKGROUND: A tri-party agreement for the Kiwanis Bus Bench Advertising Program between the City, Region of Niagara and Kiwanis was approved by City Council for renewal for 5 years effective June 1,2005. The agreement was executed by Kiwanis in April of2006 signed by the City in May and sent to the Region for signature. The city is a waiting a corrected insurance certificate. (The one delivered with the agreement was not in the City's required form). This new agreement included the following criteria (included in the May 30, 2005 Council Resolution) : 1) The City to install four (4) new concrete pads in 2005, at a cost of $6,000.00; 2) Due to the streetscaping requirements in the BWTourist areas, future installation of benches located inside the BWTourist areas, will only be installed, if supported by the particular BWTourist Area; 3) The Kiwanis group provide the City with a five-year plan for changing out the existing benches with the new style benches; On March 17, 2006, correspondence was received from the Lundy's Lane BIA requesting removal of the existing Kiwanis benches, in order to allow them to install new decorative benches, at their expense, in accordance with the Streetscape Master Plan. As a result, Staff sent correspondence to Working Together to Serve Our Community Municipal Works. Fire Services' Parks, Recreation & Culture. Business Development. Building & By-Law Services , July 10,2006 -2- MW-2006-81 the Kiwanis group requesting the removal of all advertising benches along Lundy' Lane. This . prompted a meeting with representatives of both groups and Staff. The following key issues were discussed: 1) Removal of all 26 Kiwanis benches and replacement with new decorative benches, 2) The Lundy's Lane BIA sponsor events to raise fund to help offset the lost bench revenue, 3) The Lundy's Lane BIA directly donate funds to offset the lost bench revenue, 4) Replacement of non Lundy's Lane bench advertising with Lundy's Lane businesses (17 of the 26 benches advertise Clifton Hill), 5) A Phasing out program of advertising benches over the next 3 1i years. Following this meeting both parties agreed to discuss these and other options with their respective executives and meet again to discuss the matter further. Unfortunately, after much deliberation, both parties agreed not to agree and no solution was reached. Based on the above Council Resolution "Due to the streetscaping requirements in the BIA/Tourist areas, future installation of benches located inside the BIA/Tourist areas, will only be installed, if supported by the particular BIA/Tourist Area" it is clearly the intent of this statement, to address future installations of Kiwanis benches and not the existing locations. Therefore, the Lundy's Lane request for the removal of Kiwanis advertising benches can not be accommodated at this time. The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: espectfully SUbmitted{ ~ g;;;. ~ ~ /%~~/ Karl Dren, C.E.T. ohn MacDonald Manager of Traffic & Parking Services Chief Administrative Officer CQL Ed Dujlovic, P.Eng. Director of Municipal Work attach. S:ITPSITPS LOO AdministrationlTPS L06 Reportsl2006 Community ServiceslO? July 10IMW-2006-81 - Kiwanis Benches-Lundy's BIAwpd ~------ - . Corporate Services Department CD-2006-08 Clerk's Division Dean lorfida 4310 Queen Street City Clerk P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca July 10, 2006 Alderman Selina V olpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: CD-2006-08 Motorized Scooters RECOMMENDATION: That staff work with the Disability Advisory Committee and other disabled individuals in the community to identify and rectify problem sidewalks and intersections. BACKGROUND: At the June 12th meeting Committee recommended, and Council ratified, that staff review the use of motorized scooters on City streets. Staff reviewed applicable Provincial legislation and met with the City's Disability Advisory Committee to get their insight into this issue. Legislation The attached printout from the Ministry of Transportation's web site outlines the legal status of all two and three-wheeled vehicles in Ontario. The "scooters" are referred to as personal mobility devices, motorized wheelchairs or medical scooters. As outlined these devices do not require registration, licence plates, drivers' licences or insurance and, therefore, are not motor vehicles under the Highway Traffic Act. Despite their motorized function, our municipality does not forbid such scooters on sidewalks. The M.T.O. indicates that "persons operating motorized wheelchairs are treated in the same way as pedestrians." The M.T.O. web site provides valuable advice: a sidewalk should be the first choice for someone using a wheelchair or medical scooter. When there is no wheelchair accessible curb, the person should return to the sidewalk at the first available opportunity. If there is no sidewalk available, people using wheelchairs or personal mobility devices should travel, like pedestrians, along the left shoulder of the roadway facing oncoming traffic. Working Together to Serve Our Community Clerks . Finance . Human Resources . Information Systems . Legal . Planning & Development , . July 10, 2006 -2- CD-2006-08 . Input from the Disability Advisory Committee Often when a problem is identified, it is actually a symptom of a different underlying problem. Staff met with the Disability Advisory eommittee regarding personal mobility devices, as a number of the members use such devices. The Committee identified a number of reasons as to why individuals may be using the roadway: . insufficient curb cuts . ramps are too steep . long stretches with no lights or safe way to cross streets . crossing times at intersections with lights are too short . lack of sidewalks . uneven sidewalks or sidewalks in disrepair . inadequacy of personal mobility devices . roadways are smoother With regard to curb cuts, all new subdivisions are designed with wheel-friendly curbs compliant with Provincial standards (310.030 Concrete Sidewalk Ramps at Intersections). Municipal Works staff will convert about twenty intersections a year with ramps to the provincial standard. These cuts have often been instituted after staff has received concerns from an individual in a neighbour who uses a motorized scooter. Staffhas actually worked with the resident in identifying a route and how to optimize the appropriate curb cuts. Just having a cut is not always sufficient. An e-mail from committee member Murray Culp indicates: "the curb cut at Tim Horton 's at Pinedale is too steep for me to go up or down safely and also rolls me toward the traffic, so I have to go up the Dorchester gutter a bit sometimes facing traffic to the Tim Horton driveway for access. " In some instances there are some curb cuts but not enough to get one to a desired destination. This writer attempted to travel on a scooter in the vicinity of the MacBain Community Centre. There is an adequate sidewalk on the south side of McLeod Road, however, when one reaches the south east corner of the McLeod and Montrose Road intersection, there is an'island without a curb cut. This forces the person in the scooter to be on the road with their back toward oncoming traffic. It is estimated that about 70% of the City's intersections have curb cuts, however, probably only about 40% are optimal. It will take some time before the City is entirely accessible. Until that time it is suggested that staff work with the Disability Advisory Committee and other mobility device users to identify where cuts are needed or where cuts and ramps are in need of repair. Many on motorized scooters may avoid busy intersections because they feel there is insufficient time to cross. They may attempt to cross at a less busy area, however, often an area without traffic controls. To rectify the crossing problem, it is suggested that stafflook at educating the public on crossing at intersections, look at timing at busy intersections and look into audible crossings. This should be done in conjunction with Regional Traffic staff and the Region's Accessibility Committee. . July 10, 2006 -3- CD-2006-08 It would seem to most able bodies individuals that the sidewalk would be the natural location for the personal mobility devices. Most users of such devices would prefer to use the sidewalks; however, sidewalks often offer a less than ideal ride because of cracks, bumps and joints in the sidewalk. A pavement pathway or roadway offers a smoother ride, so occasionally a person in a mobility device will use the road because it is the "path of least resistance." Staff should work with the Disability Advisory Committee to prioritize which sidewalks are in need of repair and ensure that such sidewalks offer a comfortable ride. It may also be valuable for staff and the committee to identify difficult areas and come up with suggested safe routes that avoid roadways as much as possible. CONCLUSION: Personal Mobility Devices are considered to be akin to pedestrians according to the Ministry of Transportation. Like all pedestrians, these devices have the right to be on the sidewalk and cross roadways when save to do so. Petitioning the Province to change the legislation to forbid such devices on the road is unrealistic until all municipalities are 100% accessible at intersections and sidewalks. Until that time, it would make sense for staff to work with City's Disability Advisory Committee to identify problem areas, make appropriate curb cuts, undertake necessary repairs to ramps and sidewalks, educate the public and develop ideal routes to popular destinations. ~ended by: Respectfully snW /Yt I/; . DeanI1::/L John MacDonald City Clerk Chief Administrative Officer ~:v:~ ~ /. T. Ravenda Executive Director of Corporate Services Two and Three-Wheeled Vehicles in Ontario Page I of7 . ~ Ontario Ministry of Transportation I ce nt ral sit e I fee dback I search I site map I fr an,;ais I Home About the Minist:ry Drov'Slro &. Vehicles Traveller's lnformatliQ)11l Tru,ciks &. Buses lRo<!ld Safety 1i1Jlhaf$ New Hlgl1iw<ilYs OpPiOr'.t!.IIni1ties Publications ReU<lted Ui1l~S FAQ Location: Ministry Home> Drivers and Vehicles> Vehicle Licensing >Two and Three-Wheeled Vehicles Two and Three-Wheeled Vehicles in Ontario Information Update DrIver Uc....ing I Starting November 28,2005, .. Limited-Speed Motorcycles limited-speed motorcycle (LSM) Vehicle UC8nslng I and moped drivers are required to .. Motor-Assisted Bicycles Onll.. S4UVIctt. I hold a class M licence or the new .. Low-Speed Vehicles Vi.itlng I Moving restricted class M licence to operate to Ontario? these vehicles. .. Electric and Motorized Scooters Products & s.rvtcul .. Pocket Bikes Servlctt Locations I New types of vehicles and devices .. Personal Mobility Devices arrive in the marketplace everyday. The province recognizes the .. SegwayTM Human Transporter New Licence importance of these new market .. Power-AssistedlElectric Bicycles Motor Scooter innovations as they expand mobility and Moped .. Bicycles Drivers options for Ontarians and provide an environmentally friendly way to travel. But, it is also important to know whether these vehicles can- or cannot-legally operate on our roads. It is also important to know what safety requirements must be met. In additon to these new vehicle types, the ministry continues to receive questions about bicycle and wheelchair use. Before you operate a new vehicle type, you should contact your local municipality. They will tell you whether or not your vehicle/device can legally travel on their sidewalks and/or bike paths. Many new vehicles and devices, such as go-peds, limited-speed vehicles and the "Human Transporters" (i.e., Segway TM), fall within the definition of a motor vehicle in Ontario's Highway Traffic Act (HTA). The HTA requires motor vehicles to be registered, have licence plates, and the operator to have a valid driver's licence and appropriate insurance. Anyone caught operating one of these vehicles/devices on Ontario's roads without complying with these requirements could face charges for driving an unlicensed and uninsured motor vehicle. Also, certain vehicles/devices such as go-peds and pocket bikes cannot operate on public roads in Ontario because they do not meet: . Provincial equipment safety standards for motor vehicles, such as standards regulating lighting, braking, seat belts, etc. . Federal standards for motor vehicles used on public roads. The province continues to review both existing and new vehicle types to determine whether they fit into the HT A or if a new vehicle definition is required. Road safety will be a key http://www.mto.gov.on.ca/english!dandv/vehicle/emerging/ 6/21/2006 Two and Three-Wheeled Vehicles in Ontario Page 2of7 consideration in determining which new vehicles or devices may operate on Ontario's roads. This information update is to be used as a guide only. For official purposes, please refer to the Highway Traffic Act. Top of page 0 Limited-Speed Motorcycles Can be operated as a limited-speed motorcycle on roads in Ontario A new, restricted class M licence for limited-speed motorcycle (LSM) and moped drivers was introduced on November 28, 2005. This new restricted class M licence has a condition that allows licence holders to drive limited-speed motorcycles and mopeds only. A Limited-Speed Motorcycle must meet vehicle requirements as defined under the federal Motor Vehicle Safety Act (MVSA). However, in order to use a limited- speed motorcycle, the driver must comply with the operating requirements of a motorcycle under provincial regulations. A limited-speed motorcycle has a maximum attainable speed of 70 km/h or less. To operate these vehicles on a roadway: driver must hold the new restricted class M licence for limited-speed motorcycles and mopeds (Class M2 with L condition or M with L condition or a valid motorcycle licence (Class MI, M2 or M); · the vehicle must be insured, registered and have a valid licence plate (a new licence plate for LSMs will be available March 27, 2006); · the operator must wear an approved motorcycle helmet; · allowed to carry passengers with full licence- but not recommended; . cannot operate on certain highways, for example, 400 series highway. A limited-speed motorcycle is: a. a motorcycle that: 1. can attain a rate of speed of more than 32 km/hr on level ground within a distance of 1.6 kilometres from a standing start; 2. has a maximum attainable speed of 70 km/hr or less; 3. has steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground; 4. has a minimum seat height, when the vehicle is unladen, of 650 millimetres; 5. has a minimum wheel rim diameter of250 millimetres and a minimum wheelbase of 1016 millimetres; 6. has a maximum engine displacement of 50 cubic centimetres or less; or, b. if the motorcycle was manufactured on, or after, September 1, 1988, it must have affixed a compliance label required under the Federal Motor Vehicle Safety Act (Canada) that identifies the motor vehicle as a limited-speed motorcycle. http://www.mto.gov.on.ca/englishldandv/vehicle/emerging/ 6/21/2006 Two and Three-Wheeled Vehicles in Ontario Page 3 of7 . See also: . Licensing Changes for Operators of Motor Scooters and Mopeds . Frequently Asked Questions Top of page 0 Motor-Assisted Bicycles (Mopeds) Like limited-speed motorcycles, mopeds can be operated on roads in Ontario. You will no longer be permitted to drive a moped on any driver's licence. New moped drivers will be required to take road tests. A new, restricted class M licence for limited-speed motorcycle (LSM) and moped drivers was introduced on November 28, 2005. This new restricted class M licence has a condition that allows licence holders to drive limited-speed motorcycles and mopeds only. To operate these vehicles on the roadway: l- · driver must hold the new restricted class M licence for limited-speed motorcycles/mopeds LCC~A, (Class M2 with L restriction or M with L restriction or a valid motorcycle licence (Class MI, M2 or M); . approved motorcycle helmet is required; . vehicle must be insured and registered and have a valid licence plate; . no passengers allowed; . they must meet federal safety standards for a limited speed motorcycle; . motor-assisted bicycles are not allowed to travel on 400 series highways. A motor-assisted bicycle is a bicycle that: · is fitted with petals that are operable at all times to propel the bicycle; . weighs not more than 55 kilograms; . has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel; . has a piston displacement of not more that 50 cubic centimeters; and, · does not attain a speed greater than 50 km/hr on level ground within a distance of2 km from a standing start. See also: · Licensing Changes for Operators of Motor Scooters and Mopeds . Frequently Asked Questions Top of page 0 Low-Speed Vehicles http://www.mto.gov.on.ca/englishldandv/vehicle/emerging/ 6/21/2006 Two and Three-Wheeled Vehicles in Ontario Page 4 of7 Cannotbe operated on roads in Ontario Ontario's HT A does not address these devices and their operation. Low-speed vehicles fall within the HT A definition of a "motor vehicle", but they do not meet safety standards for on-road use. As such, these vehicles may only be operated where Ontario's HT A does not apply, such as on private property. Low-speed vehicles are defined as motor vehicles, other than trucks, that are powered by an electric motor, designed to travel on four wheels, and can reach a speed of between 32 and 40 km/h. Top of page 0 Electric and Motorized Scooters (Go-peds) Cannot be operated on roads in Ontario "'cr Wh~le these devices. appear to fall within the definition ~f~ motor : vehiCle under Ontano's HT A, they do not meet the proVInCIal equipment safety standards for on-road use. As such, these devices may only be operated where Ontario's HTA does not apply, such as on private property. Anyone using a go-ped should contact their local municipalities for by-laws pertaining to their use on sidewalks or bike paths. Top of page 0 Pocket Bikes Cannot be operated on roads in Ontario Pocket bikes are meant for closed circuit use only, not roadways. These bikes can be imported as a "restricted-use motorcycle." However, in order to comply with the federal standards, a pocket bike would require a 17 -digit vehicle identification number, reflectors and warning labels that http://www.mto.gov.on.ca/english/dandv/vehicle/emerging/ 6/21/2006 TWb and Three-Wheeled Vehicles in Ontario Page 5 of7 , clearly state these bikes are intended for off-road use only. The federal MVSA indicates pocket bikes are not intended for use on public roads. Top of page 0 Personal Mobility Devices (Motorized Wheelchairs and Medical Scooters) Do not require registration, licence plates, driver's licence or vehicle insurance Persons operating motorized wheelchairs are treated in the same way as pedestrians. The expected behaviour of people who use wheelchairs to improve their mobility, is generally established by municipal by-laws. Operators should check with their local municipality to ensure by-laws permit their use on sidewalks. A sidewalk should be the first choice for someone using a wheelchair or medical scooter. When there is no wheelchair accessible curb, the person should return to the sidewalk at the first available opportunity. If there is no sidewalk available, people using wheelchairs or personal mobility devices should travel, like pedestrians, along the left shoulder of the roadway facing oncoming traffic. Top of page 0 Segway ™ Human Transporter Cannot be operated on roads in Ontario 1 A personal human transporter (i.e. Segway TM) is defined as a self- balancing, electric-powered transportation machine designed for one person, with a top speed of 20 km/h. The definition of motor vehicle in Ontario's HT A encompasses this type of personal transportation vehicle. However, this device does not meet Ontario's equipment safety standards for on-road use. This device is not included as a vehicle intended for on-road use under the MVSA, and is considered a device for a pedestrian environment. http://www.mto.gov.on.ca/english/dandv/vehicle/emerging/ 6/21/2006 Two and Three-Wheeled Vehicles in Ontario Page 6of7 Personal transportation devices may be operated where the HT A does not apply, such as on private property. Anyone using a SegwayTM should contact local municipalities for by-laws pertaining to their use on bicycle paths and sidewalks. Top of page 0 Power-Assisted/Electric Bicycles Cannot be operated on roads in Ontario Power-assisted/electric bicycles may fall within the HTA definition of a "motor assisted bicycle", but they do not meet safety standards (e.g., brakes, lights, etc.) for on-road use. A power-assisted bicycle is a vehicle that: . has steering handlebars and is equipped with pedals · is designed to be propelled primarily by muscular power and to travel on not more than three wheels . has a motor that has a power output rating of 500W or less (note: the motor is electric, and is incapable of propelling the cycle at speed of 32km/h or greater on level ground, without pedaling. ) Top of page 0 Bicycles Can be operated on roads in Ontario In the HT A, the definition of bicycle includes tricycles and unicycles but not motor-assisted bicycles. You do not need a drivers licence to operate a bicycle in Ontario. A bicycle is a vehicle that: . has steering handlebars and is equipped with pedals . is designed to be propelled by muscular power . has no age restriction for operators . can be operated on most roadways (e.g., not allowed to travel on 400 series highways) . cannot be operated across a roadway within a http://www.mto.gov.on.ca/englishldandv/vehicle/emerging/ 6/2112006 Two and Three-Wheeled Vehicles in Ontario Page 7 of7 . pedestrian cross-over An operator must wear a bicycle helmet if under 18 and operating the bicycle on the road. If the operator is under 16 it is the duty of the operator's parent or guardian to ensure that he/she wears a helmet. If the person is 16 or 17 it is his or her personal responsibility to wear a helmet. No passengers are allowed if bicycle only meant for one person. Bicycles that cannot keep up with traffic should drive as close to the right edge of the road as possible and safe to do so. Top of page 0 -~ I central site I feedback I search I site map I fran..ais I I Home I About the Ministry I Drivers & Vehicles I Traveller's Information I Trucks & Buses I Road Safety I I What's New I Highways I Opportunities I Publications I Related Links I F AQ I ~ Ontario Thi s s ile mai nl ained by I he GOllernm enl of Onl ari 0, Ca nada @ 2005 Queen's Printer for Ontario Last Modified: November 28, 2005 http://www.mto.gov.on.ca/englishldandv/vehicle/emerging/ 6/21/2006 Page 1 of I , Dean Iorfida - taking the road examples From: "Murray Culp" <mculp@sympatico.ca> To: "Dean Iorfida" <diorfida@city.niagarafalls.on.ca> Date: 6/27/20062:02 PM Subject: taking the road examples Dean: Here's two examples of places where I have to take to a busy road where there is a problem with the sidewalk. This curb cut at Tim Horton's at Pinedale is to steep for me to go up or down safely and also rolls me towards the traffic, so I have to go up the Dorchester gutter a bit sometimes facing traffic to the Tim Horton driveway for access. ~ The sidewalk ends here at the entrance to Optimist Park, and takes a left to Morrison. To get in the Optimist parking lot I have to take that left, go on Morrison for a bit to enter via their driveway. A few more feet of sidewalk would solve this problem. ~ They are only small things but they are places I go regularly that force me to have to use a busy road. In the same area, the Dorchester/Morrison WALK timing is too fast for me to get across. I have to creep into the gutter, go like hell and still get only 1/2 to 3/4 across before the light changes. Pretty hairy with traffic coming from all directions. Regards, Murray file:/ /C :\Documents%20and%20Settings\Administrator\Local%20Settings\ T emp\G W} 000... 6/29/2006 , , i .... . ... ~~,"'f% . .",,-- J'.' '. ..-.,.- .;~ c. '~, .~~~;; .~ :~19rt~l! , 1 . . ., , \ ;'- l '~,. ~. , ;;:< , If/. ~ {. .... - ~ . j I ',"':" , , '- , , ..~' , <, ,....J I' -, '- ."..,', ~ ;- - " .' , , ~ .,' , "':':).- '--. ~/ --....-. ,', ~ . - - _. ~ ., '" ~ '.- " ".. ' . - ~ - - ...... ... , ~ .' '-, : ~ ' . ' ". ~~._---;"---:..-.~ ~,.- " .-. j --- '. / . - - . Keep scooters off streets: Volpatti By JENNIFER PELLEGRINI Friday, June 16, 2006 - 02:00 local News - NIAGARA FALLS Senior citizens who use motorized scooters on city streets are putting their lives at risk, says Ald. Selina Volpatti. Vol patti told council Monday night she recently noticed numerous people operating scooters along Portage Road between Thorold Stone Road and Colborne Street an area with five retirement homes or senior citizens residences. That's the neighbourhood where 68-year-old Bernadette Mitchell lives. Multiple health problems make walking nearly impossible, so she relies on a motorized scooter to get around. In winter, Mitchell said she's a shut-in, since she can't manoeuvre around snowbanks oron slippery sidewalks and her scooter is too big to fit into someone's car for a trip to the mall. It's the same with rainy days, since the electric device wouldn't work in the rain, So, on sunny days, she takes advantage of the fair weather to run errands or go to doctor's appointments without asking her son or daughter for a ride. But getting to her surgeon on Morrison Street is a gO-minute round trip for Mitchell, since she refuses to ride her scooter on the road, or cross a major intersection along the way. "I have to go all the way up to St. James and go all around Pettit because the traffic along here is just too bad," she said Thursday morning, after pulling to a plaza near the Five Corners, "I was almost hit over there a couple of months ago, because a man ran a red light." Sidewalks, she said, aren't much safer, The high curbs on many sidewalks mean scooter operators often have to go as slowly down the curb as possible to avoid falling off their rides, then ride against traffic in search of a way to get back up on the sidewalk again. Mitchell said that's just as dangerous as riding on the road. "Last summer I had an accident crossing the road," she said. "I was injured falling off the curb because they don't have it low enough for us." Ed Dewsbury agrees, The double-leg amputee said Volpatti's assessment seniors are riding on the roads because of what she called a legal "grey area" is wrong. "These people think they're only allowed to go on the road because (the scooters are) motorized," Vol patti said Monday night. Not so, said Dewsbury, who is aware that even on his scooter, he's considered a pedestrian according to the Highway Traffic Act. r "I avoid traffic. I don't go on the street," he said. "It's too dangerous." Dewsbury believes the city should do more to fix uneven or too-high curbs, so people who rely on motorized devices can safely get from place to place without interrupting traffic any more than they would if they were crossing on their own two feet. Ed Dujlovic, the city's director of public works, said he knows there are areas where curb cut-outs don't exist or need to be improved, and there is a plan in place to fix them. "Is there a lot of work to be done? Yeah," he said, noting all new subdivisions are designed with wheel-friendly curbs. "We have a program in place where ifthere isn't a sidewalk replacement (scheduled), we will be doing curb cutouts. If people are noting areas that are difficult for them, they should let me know. We're very interested in knowing the places that need to be done," While municipal staff write a report for council on how to avoid accidents between people behind the wheel and on three wheels, Niagara Regional Police offered advice to both sides. "I would recommend (ride on) the sidewalk, where it's safer," Niagara Regional Police Const. Greg Keldson said of scooter operators. "If they have to be on the road, they should be as close to the curb as possible and when they have to cross the street, they should be very careful." And to drivers, NRP Staff Sgt. Murray Haday offers this caution: "Yielding to pedestrians or people on motorized scooters isn't just a courtesy or common sense, it's the law." With files from Corey Larocque jpellegrini@nfreview.com 1. .- Community Services Department MW-2006-83 . 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: edujlovi@city.niagarafalls.on.ca July 10, 2006 Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls Members: Re: MW-2006-83 Proposed Garage Construction Over Sanitary Sewer 6058 Stevens Street (Mr. John Mussari) RECOMMENDATION: It is recommended that Council approve the constmction of a new garage that encroaches on the existing sanitary sewer traversing private property at 6058 Stevens Street subject to the owner entering into a formal encroachment agreement with the City of Niagara Falls. BACKGROUND: Municipal Works staff has received a request from the owner of the residential lot located at 6058 Stevens Street to constmct a new garage that will encroach significantly into an existing sanitary sewer easement. This easement protects the city's rights to maintain, repair and/or replace the 375 mm diameter sewer that was constructed prior to the creation of the residential lot where the proponent resides. Normally, it is not the City's practice to permit constmction within established sewer easements due to the additional costs associated with access to this infrastmcture. The easement does however, encumber a large portion of the lot frontage (see attached plan). The location of the existing home already poses some access problems and under the current conditions it is likely that the City would need to use some form of trenchless repair. Under these unique circumstances staff can support this request provided the City's existing rights could be protected in a formal Agreement. The homeowner has agreed to enter into an Encroachment Agreement that will address these needs. His request to constmct a 20'x22' garage (approx.) would be subject to the full execution and registration of the encroachment agreement and the submission of the necessary documents required to satisfy the Chief Building Official regarding the stability of the soil. Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services ~ July 10, 2006 - 2 - MW-2006-83 , It should be noted that any costs associated with the preparation of the Agreement will be the responsibility of the proponent. The purpose of this report is to seek Council's authorization to proceed with the preparation of the necessary documentation as described above. The Committee's concurrence with the recommendation made would be appreciated. Prepared by: RespeC~l:q f:id--- John MacDonald eoff . lman Manager of Development Chief Administrative Officer Approved by: , Ed Dujlovic, P.Eng. 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"_o<'~ ~~. ..~"~t.I.:,,1 .... i'~. fol;.'t' ~.r~ ~~"f' 'J..1l: n "~-v ". -,.~~ ~;.>};.... . ", . ';, :It: ~~,f.' ,:'~" I,t "~'" .~ '}< ~;'" ~ " ."",'" __/ ~ c; ~ -<.... s, \r~' .(" ," "'II-'-"~'~~ "'~,"" '~:c." . ~"'II.l; ,'0/'" u.' t,">., . . ,: :j'~. >ILii3:" ( ~,>";' ;,:Y, .,' ~. ,',; ~~ ~~~~'-"f~ . . "" l.... III ~1iJ,<;jf S-,jf<"",; j/ ,\'~,<t~' -'~i' U:-"ift'- .... ',4' :{':~'.~' .~~. ,~"i' J,_ ,...,.~J:.....;-~y~?-: ,. - .(~~."'...~ .' ." ."'t:/oilt,, ... . ",' ... 'V !e. "d!1' . _; _____". __.~_ ~_ =.;'~" ..:._Jl~~~ _' t,~ ~ :t ~ ", ~ .:k:'..ipl,t' I Community Services Department MW-2006-70 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: edujlovi@city.niagarafalls.ca July 10, 2006 Alderman Selina V olpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-70- Contract 2006-03 Asphalt Overlay Phase #2 City Wide RECOMMENDATION: It is recommended that the contractor (Steed & Evans Limited) be retained to perform the works of the 2006 Asphalt Overlay Phase #2 City wide for the amount shown below and that council authorizes the Mayor and City Clerk to sign an agreement with Steed & Evans Limited. BACKGROUND: The Tender Opening Committee, in the presence of the City's Clerk opened tenders on Tuesday, June 27,2006 at 1 :30 p.m. for the above noted contract. Tender documents were picked up by five (5) Contractors and five (5) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the five (5) Contractors. 1. A-I Asphalt Maintenance (Burlington) $ 1,396,405.29 2. Steed & Evans Limited ( Thorold) $ 1,452,975.87 3. Rankin Construction Inc. (St. Catharines) $ 1,505,183.30 4. NOljOhn Contracting Limited (Thorold) $ 1,574,000.00 5. Hard Rock Paving Co. Limited (Port Colbome) $ 1,575,037.25 Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services July 10, 2006 - 2 - MW-2006-70 , .. , . The lowest tender was received from A-I Asphalt Maintenance in the amount of$ 1,396,405.29. This Contractor has not performed similar type proj ects for the City. The contractor submitted a list ofprojects that they had performed in other Municipalities, none of which were similar to the size or scope of the subject works. A further investigation was completed to satisfy any reservations that existed with respect to the contractors ability to satisfactorily perform the subject project, three other municipalities were contacted (City ofSt. Catharines, City ofBrampton, City of Hamilton). After speaking to representatives form each municipality that were directly involved with A-I Asphalt Maintenance during the course oftheir works there were no favourable recommendations on the size 'and scope of project that the City has tendered. Weare therefore, of the opinion, that this Contractor is not capable of successfully undertaking this project. The second lowest tender was received from (Steed and Evans Limited) in the amount of $ 1,452,975.87. This Contractor has previously performed similar type projects for the City. We are therefore, ofthe opinion, that this Contractor is capable of successfully undertaking this proj ect. Due to rising costs of asphalt prices in 2006 additional funds have been reserved in the 2006 Asphalt Overlay and Road Rehabilitation Program budget to offset potential increases in the cost that may take place after the award of the contract. Financing: The Engineer's estimate for this contract was $ 1,400,000.00. Project Costs: A warded Contract $ 1,452,975.87 TOTAL $ 1,452,975.87 Funding: 2006 Capital Budget Asphalt Overlay and Road Rehabilitation Program G/L # 12-3-310024-030000 $ 240,000.00 Provincial Grant $ 1,212,975.87 TOTAL $ 1,452,975.87 - j July 10, 2006 - 3 - MW-2006-70 . f .. Committee's concurrence with this recommendation would be appreciated. Prepared by: Respectfully submitted: -H~ ~ JOhnM~n:~ Frank Tassone, e.E.T. Project Manager ehief Administrative Officer Approved by: ~ Ed Dujlovic, P.Eng. Director of Municipal Works