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HomeMy WebLinkAbout2007/03/19COUNCIL MEETING Monday, March 19, 2007 Order of Business and Agenda Package Ntaga ra `q, D PRAYER: Councillor loannoni COUNCIL MEETING March 19, 2007 ADOPTION OF MINUTES: Council Minutes of March 5, 2007 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Greater Niagara Circle Route Regional Councillor Bruce Timms will make a presentation on the progress of the Trails System and Future Directions. UNFINISHED BUSINESS Public Meeting Official Plan Zoning By -law Amendment Application, AM- 44/2006 North side of Thorold Stone Rad, West of Taylor Road, South of Former Mountain Road and East of Thorold Townline Road (Part of Lots 31, 49, 50 and 66) Applicant: Walker Brothers Quarries Limited Agent: T. Smart, BLS Planning Associates Background Material: Recommendation Report: PD- 2007 -12 -and- 2 Correspondence from Niagara Escarpment Commission Correspondence from Enbridge Gas Distribution Correspondence from Enbridge Pipelines Inc. Correspondence from City of Thorold Correspondence from Walker Industries Environmental Assessment MAYOR'S REPORTS, ANNOUNCEMENTS k W k COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Stamford Collegiate 150 Anniversary Reunion Committee Request the use of Municipal parking Tots and Niagara Transit to assist with a complimentary shuttle service. RECOMMENDATION: Refer to staff for future report. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 3 RESOLUTIONS 1. THEREFORE be it resolved that the City of Niagara Falls Asset Management and Accounting Project will be funded and is a high priority within the City of Niagara Falls. 2. THEREFORE be it resolved that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, that the changes to the proposed zoning by -law for 5056 Montrose Road are minor in nature and do not require any further notice. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2007 -19 Sign and Electrical Kiosk Encroachment 5815 Drummond Rd (Northeast Corner Drummond at Lundy's Lane) Migdalos Investments Limited MW- 2007 -23 Clifton HillNictoria Ave. Intersection Improvements Consulting Engineering Services Urban Environmental Management Inc. Traffic Assessment and Engineering Design MW- 2007 -24 2007 Asphalt Patching Contract Council Meeting MW- 2007 -28 Dorchester Road Reconstruction CNR New Warning Device System MW- 2007 -29 Canada Ontario Municipal Rural Infrastructure Fund (COMRIF) PSAB 3150 Asset Management Strategy Application for Funding Resolution MW- 2007 -30 Assumption of Various Subdivision PD- 2007 -17 Zoning By -law Amendment Application AM- 39/2006, 5056 Montrose Road, Applicant Angelo Marino, Agent Allen -Chui Architects Inc, Recognize Two Existing Dwelling Units 4 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -60 A by -law to ament By -law No. 79 -200, to permit two apartment dwelling units, recognize the existing landscaped open space and southerly interior side yard width and to repeal By -law No. 2006 -17 (AM- 39/2006) 2007 -61 A by -law to amend By -law No. 79 -200, to permit offices for physicians (AM- 35/2006) 2007 -62 A by -law to amend By -law No. 79 -200, to permit expansion of a planned shopping centre and to repeal By -law No. 92 -288 (AM- 05/2006) 2007 -63 A by -law to declare Part Lot 10 on Plan 996 surplus 2007 -64 A by -law to establish Part 3 on Reference Plan 59R -13172 as a public highway, to be known as and to form part of Woodbine Street 2007 -65 A by -law to authorize the execution of an Agreement with Cytec Canada Inc. and Falls Community Development Inc., respecting the donation of certain lands to the City to be used for the construction and development of a public arena and related facilities 2007 -66 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19 day of March, 2007 NEW BUSINESS Niagara WE Region Office of Regional Councillor D. Bruce Timms Chair, Greater Niagara Circle Route Committee January 29, 2007 File: D.14.A.34.34 Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: Mil FALLS C:LERY`T R �rVai' i%unicipality of Niagara 2201 St. David's Road, PO Box 1042 Thorold, ON L2V 4T7 Telephone: 905 685 -1571 Fax: 905- 685 -6243 E -mail: bruce .timms @regionaLniagara.on.ca Re: Appointment of a Representative to the Greater Niagara Circle Route Committee and Presentation on the Progress of the Trails System and Future Directions I am writing to you on behalf of the Greater Niagara Circle Route Committee, which as you know has been involved in the development of the Greater Niagara Circle Route Trails System which is now nearly completed. The purpose of my letter is two fold as follows: First, the Committee requests that your Council appoint a local municipal representative to participate in the Committee. To date, our progress has benefited from Regional and local municipal cooperation and we believe that is the best way to continue. Second, I am requesting an appointment with your Council to make a presentation on our progress to date, what is left to be done, and future plans. Niagara is becoming recognized as an outdoor recreational destination, and we wish to continue to build on that to the benefit of both residents and tourists. I would appreciate it if you would contact Melody Gouthro in the Regional Planning Department to make arrangements for when the presentation can occur. She can be reached at 905 -984- 3630 or by email to melody.gouthro as regional.niaciara.on.ca. If you have any questions about this, please feel free to contact me directly at 905 651 -2861 or by email to bruce. timmsaregional.niagara.on.ca. Yours truly, D. Bruce Timms Regional Councillor Chair, Greater Niagara Circle Route Committee c: Mayor Ted Salci Regional Councillors Barbara Greenwood, Norm Puttick, William Smeaton Building Community. Building Lives. March 5, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2007 -12 AM- 44/2006, Official Plan Zoning By -law Amendment Application Located North of Thorold Stone Road, West of Taylor road, South of Former Mountain Road and East of Thorold Townline Road (Part of Lots 31, 49, 50 and 66) Applicant: Walker Brothers Quarries Limited Agent: T. Smart, BLS Planning Associates RECOMMENDATION: 1. Council approve the application to amend the Official Plan and Zoning By -law for the lands located north of Thorold Stone Road, west of Taylor Road, south of former Mountain Road and east of Thorold Townline Road, to permit a private landfill for non hazardous solid waste. 2. This report be forwarded to the Regional Municipality of Niagara as the City's comments on the Regional Policy Plan Amendment No. 1 -2007. BACKGROUND: Walker Brothers Quarries Limited (Walkers) has requested amendments to the City's Official Plan and Zoning By -law to permit a private landfill use within an existing quarry (South Quarry) located on the west side of Taylor Road, north of Thorold Stone Road. Simultaneously, an application has also been submitted for an amendment to the Regional Policy Plan. The subject site is 85.68 ha in size. It is located south of the Walker East Landfill site which has been in operation since 1982 and is expected to reach capacity within the next three years. It is proposed that the South Quarry be used as a I nee I site to accommodate waste s rar period of approximately 20 -25 ginning in 2009. NiagaraJalls PD- 2007 -12 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6XS 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Planning Development March 5, 2007 2 PD- 2007 -12 The landfill would accommodate 750,000 tonnes of solid, non hazardous industrial, commercial and institutional waste per year from within Ontario. An additional capacity of up to 100,000 tonnes of solid waste per year is to be reserved for the Region of Niagara for emergency /contingency waste residuals. The applicants have received conditional approval from the Ministry of the Environment for an environmental assessment (EA) prepared- forthe landfill expansion. The Environmental Assessment process determined the potential effects of the proposed landfill on the environment through a substantial number of studies that assessed potential environmental impacts. The amendments to the Regional and City planning documents are requested to permit the proposed land: use. Many of the planning considerations taken into account when assessing a land use change have been addressed through the studies conducted through the EA process. The subject lands are designated Extractive Industrial in the Official Plan with the exception of Ten Mile Creek and its associated buffer which is designated Environmental Protection Area. The City's Zoning By -law zones lands Extractive Industrial (EI -304) and Hazard Land (HL). The existing quarry use is permitted within the Extractive Industrial designation and an agricultural end use is envisioned. The proposed amendment is requesting that a private landfill use be permitted over the next 20 -25 years prior to the rehabilitation of the site for agriculture. Circulation Comments Parks, Recreation and Culture No objections at this time. Municipal Works No objections at this time. Building and By -law Services All required permits to be obtained prior to construction. Any further comments with regard to the Ontario Building Code will be addressed through the site plan approval process. Niagara Escarpment Commission The amendment should recognize the permanent landscaping required as a condition of the EA approval. No objections or concerns have been received from adjacent municipalities and residents. These groups have been involved in the environmental assessment process. Planning Analysis The analysis of the application has to consider the applicable policies of the Provincial Policy Statement, the Growth Plan as well as the Official Plan and the Zoning By -law. March 5, 2007 3 PD- 2007 -12 Provincial Policy and the Growth Plan The Provincial Policy Statement (PPS) promotes sustainable communities which includes ensuring that necessary infrastructure, such as waste disposal, is available for current and future needs. The PPS requires progressive rehabilitation of aggregate resource sites in prime agricultural areas be ultimately rehabilitated to restore approximately the same area and quality of soil that was disturbed. The proposed amendment complies with the PPS by providing needed waste disposal facilities for both the Province and the Region and providing for final rehabilitation of the site to agricultural. The Growth Plan supports coordinated approaches to rehabilitation of mineral aggregate sites and an integrated approach to waste management. The proposed landfill, which, according to the applicants, is integral to the other waste management activities of Walker Industries conforms with the Growth Plan. Official Plan The .Official Plan requires specific criteria be considered when assessing an application. The applicants have prepared a number of studies, mitigation measures and impact management plans through the EA process that have addressed these issues. Staff from the City's Planning and Engineering Divisions, as well as from Regional Niagara, has been part of the review process for these studies and management plans. Through this process the criteria of the Official Plan have been addressed. The criteria are discussed below. Suitability of the Site The site utilizes land which has already been disturbed by a quarry operation. The site is located adjacent to an existing land fill site and other related waste management functions owned by Walkers. The site is located near major travel routes such as Niagara 58 and the QEW. Compatibility with Surrounding Land Uses The proposed landfill use is considered compatible with most of the immediate adjacent land uses which include an existing landfill to the north (Walker East Landfill); the Walker recycling and storage facilities, Municipal Works Yard and cemetery (to the west) and the Walker Southeast Quarry to the northeast. Lands east and south of the subject site currently contain a mix of agricultural and rural residential properties that may experience impacts from the proposed use. Mitigative measure presented by Walkers to reduce or eliminate these impacts include: wet vacuum sweeping of roads to reduce dust, more efficient gas collection system to reduce odour, and the berming and planting, both on -site and off -site, at viewpoints suggested by local residents and agencies. Impacts on the Transportation System, Community Facilities and the Natural Environment The impact of the proposed use on surrounding lands and the natural environment have been studied through the EA process. Approved mitigation measures and management plans will be implemented to reduce or eliminate those impacts. March 5, 2007 The Host Community Compensation Agreement will need to address the impact on the surrounding road system due to truck traffic accessing the site. Financial Implications A Host Community Compensation Program would provide $0.75 per tonne, up to $560,000 annually or $14 million over 20 years for the City of Niagara Falls. An agreement will be entered into between the City and Walkers regarding the host community compensation program. The landfill will have some positive impact for local business (decrease in waste transfer costs); provide support for the compost and drop -off facility; and will provide opportunity to use landfill gas as an energy source. The Official Plan amendment will contain policies to cap the amount of waste to be accommodated within the landfill and establish a time frame for the land fill operation and its phasing. The amendment will also address the agricultural end use and reflect the request by the Niagara Escarpment Commission to recognize the permanent landscaped area through the final end use. Provisions for the Host Community Compensation Agreement will be included in the amendment. Zoning 4 PD-2007-12 The landfill will be designed to MOE standards and will have to comply with the conditions of the Certificate of Approval required under the Environmental Protection Act thereby addressing impacts on the environment. A community compensation program funded by Walkers will be made available for property owners within 500 metres of the land fill that will provide $5,000 /year, commencing with the land fill use, to offset any residual nuisance effects such as air condition, removing dust from windows /autos, etc. The current Extractive Industrial (El -304) zoning limits the land use to a pit or quarry, the processing of aggregates or a concrete /asphalt mixing plant. A waste disposal site is prohibited within all zones of Zoning By -law No. 79 -200. A new site specific El zoning is requested to permit the landfill exclusive of the required buffer areas of 30 metres along the exterior side yards and 16 metres in the interior side yards. No amendments to the zone provisions have been requested. The existing Hazard Lands (HL) zoning remains unchanged. Regional Amendment The Region has received an application to amend their Regional Policy Plan to permit the landfill use. As waste disposal is the responsibility of the Region, a private landfill operation requires a Policy Plan amendment. The amendment will consider larger, cross jurisdictional issues involving servicing, transportation, watersheds and natural areas. City and Regional Works and Planning staff has been involved in the Walkers consultation process since 2003. Planning staff has been working together with Regional staff through the planning process. The Region has held an information meeting (February 21, 2007) and is considering a site specific approach to recognize the proposed landfill use. March 5, 2007 CONCLUSION: 5 PD- 2007 -12 The EA process has produced a number of technical studies and corresponding mitigation /contingency plans and a lengthy public /agency consultation process. These studies and plans have addressed issues considered through the planning review process assisting in streamlining the review process. In light of the reviews to date, and the involvement of Planning and Works Staff in those reviews and the preparation of mitigation plans, a site specific amendment to the Official Plan and Zoning By -law can be supported. The City acknowledges the efforts of Walker Brothers Quarries Limited to accommodate the concerns of the community both during the EA review process and into the future through the ongoing work of the Environment Assessment Committee. The landfill use cannot commence until a Certificate of Approval from the MOE is obtained. The Certificate will not be issued until all Planning Act amendments are in place. It is noted that although this report deals with a private waste disposal site on a site specific basis, the City should consider the development of general Official Plan policies as part of the next five -year update to provide more guidance to the siting of disposal sites and remediation guidelines. Recommended by: Respectfully submitted: Attach. Doug Darbyson, Director of Planning Development John Donald, Chief Administrativ6 Officer F. Berardi:gd S :PQR12007P0- 2007 -12, AM -44 -2006, Walker Bros. Quarries Proposed landfill, Taylor Road- Revised.wpd March 5, 2007 6 PD- 2007 -12 14. SPECIAL POLICY AREA APPENDIX "A" Special Policy Area applies to 85.68ha of land located north of Thorold Stone Road, west of Taylor road, south of former Mountain road and east of Thorold Townline Road (Township Lots 31, 49, 50 and 66 in the former Township of Stamford). The land is designated Extractive Industrial in the Official Plan and has been used for aggregate extraction. Notwithstanding the policies contained in Part 2, Section 10 Extractive Industrial regarding final rehabilitation of the site for agricultural use, an interim land use consisting of a non- hazardous, solid waste landfill use shall be permitted. The landfill shall operate as part of an integrated system of waste management facilities located on adjacent lands. The adjacent waste management facilities may include, but are not limited to, residential and small business recycling; yard waste and waste drop -off; composting for organic waste; landfill gas collection and distribution for re -use; recycling of asphalt, concrete, glass and other ICI (Industrial, Commercial and Institutional) materials, haulage for waste and recyclables and a bio- solids management facility. The maximum annual capacity of the landfill site will be 750,000 tonnes accommodating waste from the Province of Ontario. An additional capacity of up to 100,000 tonnes may be used the Regional Municipality of Niagara for contingency /emergency waste residuals. 14._. 1 The landfill use is expected to operate for 20 to 25 years commencing in 2009. Site preparation may take place prior to the commencement of landfilling. 14._.2 Landfilling will be done in phases. Final rehabilitation, to an agricultural land use shall take surrounding land use and approved land use designations into consideration. Plantings and landscaping required through the approval of the Environmental Assessment shall remain throughout and subsequent to the rehabilitation of the lands to an agricultural use. 14._.3 All necessary approvals under the Environmental Protection Act shall be obtained prior to commencement of the landfill use. Other approvals, such as under the Ontario Water Resources Act, shall be obtained as required. 14._.4 The City may enter into an agreement to address the Host Community Compensation program to ensure land use compatibility with the surrounding area. Subject Land SCHEDULE 1 LOCATION MAP Amending the Official Plan and Zoning By -Law No. 79 -200 N Location: Taylor Rd W/S Applicant: Walker Brothers Quarries Limited K\ GIS _Re9ubtrU007WchedulesVoningAM\A I-04 _2006Mappifg.map s 1:NTS AM-44 /2006 Niagaraio s Escarpment rrscarpement du Niagara de I February 15, 2007 Ms Francesca Berardi The City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms Berardi: RE: AM- 44/2006 Official Plan Zoning By -law Amendment Applications Walker Bros. Proposed South Landfill Application for Solid Non Hazardous Waste Taylor Road, Niagara Falls (Part of Lots 31, 49, 50 and 66) City of Niagara Falls, Regional Municipality of Niagara With regard to your circulation of the above noted applications, (wording filed by the consultant), the Niagara Escarpment Commission (NEC) wishes to advise you that they do not object to the principle of recognizing the proposed disposal of non hazardous solid waste as a permitted land use however, they have the following comments: 1. These applications and the application to amendment the Niagara Region Official Plan should have been considered at the same time as the Environmental Assessment application for these lands. 2. With regard to the specific wording of the amendments, the NEC recommends that the proposed landfill be designated as a site specific exception to the agricultural use designation which would not allow any other land use on the property other than the land uses contemplated by the Environmental Assessment. 3. The following condition was added to the approval of the Environmental Assessment for this property at the request of the NEC to minimize the effect of the landfill on the skyline above the Escarpment (See the attached Staff Report). "As part of the End -use Plan developed for the South Landfill, the proponent shall develop a landscape plan for the Stage 4 side slopes of the south Landf V nt en I retain A living vision Line vision vivante FEB 2 0 2007 alp PLANNING DEVELOPMENT j op Plann.n:, )%Y -•tZ. Scanned c -C}-- CID 4M i 0 Ontario Niagara Escarpment Commission 232 Guelph Street TeL No. (905) 877 -5191 Fax No. (905) 873-7452 Commission de Pescarpement du Niagara 232, rue Guelph N° de tel. (905) 877 -5191 TB ecop e (905)873 -7452 www.escarpment.org A Une World reserve phere de la biosphere serve mondiale an independent Landscape Architect, as selected by the Niagara Escarpment Commission, to prepare a landscape plan in consultation with a multi- stakeholder End Use Committee including the Niagara Escarpment Commission and residents within 500 metres of the site. Plantings on the Stage 4 slopes shall be included in the development of the landscape plan to further naturalize the views to provide a vegetated skyline from Woodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material is to be largely comprised of native and indigenous coniferous and deciduous frees that will be visible from Woodend Conservation Area, the Skyway Bridge and Maplehurst as they mature." This being the case, any future use of these lands must recognize that the proposed landscaping referenced in this condition will be provided on a portion of the lands. it is anticipated that the portion of the lands to be landscape will not be suitable for agricultural use due to the permanence of the landscaping and the slope where the plantings will occur. The amendments should therefore reflect this exception to the agricultural requirement in the proposed Amendment. Should you have any questions regarding these comments please contact the under signed at 905 877 -8363. Yours very truly, Kathryn Pounder Senior Planner Attach NEC Staff Report July 20, 2006 c: J. Fisher K. Forgeron D Niagara Vicar ptnent rf 1CJl jlenlenl .111 Nugara Ar )ntan0 July 20, 2006 SUMMARY RECOMMENDATION: PROPOSAL: ISSUES: NIAGARA ESCARPMENT alb 9053 N.E.C. DECISION JUL 2020101 STAFF REPORT RE: Walker Waste Disposal Environmental Assessment (the EA) City of Niagara Falls, R of Niagara EA File No. EA-02 -08-03 DATE RECEIVED: May 19, 2006, (February 16, 2006 previous circulation) COMMENT DEADLINE: Immediately (MOE has internal processes involving recommendations to the Minister with regards to a Hearing.) SOURCE: Ministry of the Environment (MOE), Environmental Assessment Approvals Branch (EAAB) The Niagara Escarpment Commission should inform the Minister of the Environment that they are satisfied that their outstanding issues have been addressed or will be addressed either by additional conditions of the EA or through other approvals, and that they therefore, request that their previous request for mediation and a Hearing be withdrawn. Niagara Waste Systems Limited (a subsidiary of Walkers Industries Holdings Limited) will simply be referred to as Walkers. Walkers has initiated a process of preparing an Environmental Assessment for a new landfill called the "South Landfill in the South Quarry" an area which is adjacent to, but outside the NEP. Walkers opened their existing East Landfill in 1982. This landfill is located partially within the Niagara Escarpment Plan (NEP) area. See Map 1. The East landfill has about three more years left of remaining capacity. The South Landfill will provide for the disposal of industrial, commercial and institutional waste (IC &I) from the Province of Ontario Subsequent (June 19, 2006), to the NEC's last meeting, representatives of the MOF-, Walkers and NEC staff (Ken Whitbread, Linda Laflamme and Kathy Pounder) met to discuss the Commission's comments. lei !AO nlum 1 ugmuwl Non 10111 Anw+e, wry I 9 85 700 19., .1 ,w:..u.,.p-in.• 11 1 ,:q..•niv.n 1., r1.:. ;1. 20' ono,..:, 0 Ontario Niagara Escarpment Commission 232 Ouolph `3treet Georgetown ON UC 481 Tel No. (9051877 -5191 Fax No. (9018 871. (452 Commission de rescarpement du Niagara 232. ru,: Guelph Georgetown ON 1 IT I 411 N' de lel {905) 877 -5191 relecopieur(9051 8(1-7452 www.oscagnmeru org 3 reeur +e do lu b,o'phew d.: t'ESCARPEMENL OU NIAGARA MOE is not prepared to change their procedures or request that Walkers circulate the Design and Operations Report (The D &O report will be reviewed by MOE technical staff as part of the Certificate of Approvals applications). NEC staff received a copy of the D &O report July 4 but they have not had time to review it In addition, MOE is satisfied that Walkers will apply for their approvals under the Planning Act, after the EA is approved. Walkers have sent correspondence confirming their intention to proceed with the applications and the Region of Niagara is satisfied with this. See Appendix A. three issues remain related to 1. The Visual Impact of the Landfill 2. The water quality and quantity in the Springs and Ponds 3. Particulate matter and the effect on the Bruce Trail Impacts to Recreational Users BACKGROUND: The Environmental Assessment Act (EM) does not automatically apply to this proposed undertaking since Walkers is a private proponent. They applied to the Minister of the Environment to designate this undertaking under the EAA on January 14, 2004. They received approval.June 3, 2004. The EA was prepared according to Terms of Reference approved by the Minister September 30, 2004. None of the comments made by the NEC were incorporated into the ToR. The EA application, consisting of the EA and appendices was formally submitted to MOE February 17, 2006. An Addendum, which included additional responses by Walkers to those who had commented on the draft, was submitted March 10, 2006 A seven week public and agency review period was then held that ended April 7, 2006 The EA was then reviewed by MOE and a core team of experts that formed the Government Review Team (GRT). The role of the GRT is to review the EA for its technical merits to ensure that the data presented is accurate and the conclusions valid. Once the Review is complete, the Review is put on the public record for a further comment period of 5 weeks. At this time, anyone who feels that there are issues which still need to be addressed, may comment to MOE prior to the end of the expiry period and any person may request a hearing before the Environmental Review Tribunal The NEC requested a Hearing and mediation prior to the June 23` deadline There is then a final review period of 13 weeks by the Ministry. MOE is presently finalizing the conditions of approval of the EA. Before making a decision, the Minister may appoint a mediator. 2 M MOE did offer to hire an independent Landscape Architect to review the issues raised by the NEC regarding the height of the Landfill and the impact on the skyline. NEC staff submitted three names for an independent person however; MOE accepted a different name from Walkers. Meanwhile, NEC staff had not reviewed the new information submitted by Walker's consultants. See the discussion of Visual Impacts below. THE PROJECT AND THE NEP: No new or expanded waste disposal facilities are permitted within the NEP area by the policies of the NEP and the Environmental Protection Act (EPA). The exception to this statement is that the EPA in Section 27 permits in the case of a site approved before the subsection came into force a proposed use, operation, alteration, enlargement or extension of a waste disposal site which will not result in a greater area at a waste disposal site being covered with waste. Therefore, while the enlargement etc. of an existing site within the NEP would not be permitted by the NEP and would require an amendment to proceed, it could be permitted in principle, by the EPA. The proposed South Landfill is located outside of the NEP area. It does however; require the use of facilities within the NEP area, the leachate pond and aeration facility, the storm water connection and outfall. These are existing facilities- The Environmental Assessment does not propose any change to these facilities It may be that changes or modifications to the facilities within the NEP area are contemplated by the Design and Operations report and those changes would require a Development Permit from the NEC. For instance, because the volume of water is anticipated to increase substantially at the outfall into the Welland Canal, the Niagara Conservation Authorities recommended that the outfall require upgrading to prevent erosion of the Escarpment in thatlocation. Such a structure would require a Development Permit from the NEC. The development of a landfill immediately adjacent to the Niagara Escarpment Plan Area will have a direct effect on the environment of the Niagara Escarpment Plan Area and for these reasons we commented on this application. PREVIOUS COMMENTS ON THE APPLICATION: 1 Terms of Reference When the NEC commented on the ToR for this EA, four major recommendations were made: The scope of the EA and the ToR is too narrow and should be expanded. That an additional item be added in Section 5.3 (Alternatives To the Proposed Undertaking and Altemative Methods for Carrying Out the Proposed Undertaking), Subsection 2 (Evaluation Methodology) to include flexibility for addressing unanticipated issues that may arise during their EA review 3 5 That an additional map and possible related text be prepared to identify and describe the Study Areas listed in Appendix A, Section 3 (Study Areas); That a number of wording changes or additions be made to the ToR. The Minister approved the ToR without incorporating the NEC's comments. 2. Reviewed EA Our March 2006 Staff Report reviewed the EA documents. The NEC adopted recommendations (with amendment) from that report. The Environmental Assessment Review (EAR) includes MOE and the proponent's comments on these recommendations. Several conditions are proposed to be added to the approval of the EA to deal with NEC identified concerns. 3. Comments on the EAR In the June 15, 2006 Staff Report, staff commented on the EAR and recommended that the NEC request that the Minister provide mediation and further if that is not successful a Hearing due to the outstanding issues not covered adequately through conditions. ANALYSIS OF SPECIFIC CONCERNS: 1. Visual Impact NEC staff had recommended in our previous staff report that the NEC consider any new information brought by Walkers. Walkers provided new information at the staffs meeting with MOE on June 19, 2006. With regard to the effect of the landfill on the sky line from the Skyway Bridge their new information indicates that the landfill will be less visible than they had originally suggested. They also noted that planting on the existing reconstructed brow will not mitigate views of the proposed landfill from the Woodend Conservation Area. No additional information was submitted for the Maplehurst receptor point. No proposals for mitigation were submitted by Walkers Staff reviewed the new information from Walkers at the location of each of the receptor points New photos were taken from those points and the information at those and hotos provided by Walkers were reviewed See t while he figurres f om he EA and new photos t ken by NEC standing attached to locations. this report 4 The following information is relevant: Staff agrees that landscaping of the existing north "brow" of the landfill would not mitigate the proposed landfill; The photos provided by Walkers while they may indicate the location and relative height of the proposed landfill do not reflect the actual impact of the landfill on the skyline. Even the pictures which we took do not accurately represent the detail visible of the Escarpment skyline from the Skyway Bridge travelling at highway speed. From all points but especially from the Skyway Bridge the impact of the landfill will be greater than is portrayed by the photos. Individual features on the skyline are much clearer than is represented by the photos. From Maplehurst individual trucks are visible; from the Skyway Bridge the industrial facilities and buildings at Walkers are visible and discernible. Facilities and buildings at Walkers are also visible from Queenston Street parallel to the Skyway Bridge. The skyline adjacent to the proposed landfill is vegetated and natural except the north brow location. (This is the reconstructed brow area of the existing landfill visible from the Bruce Trail.) The Maplehurst view was partially interrupted when a ship was passing, but this was only for a short period. In summary, staff believes that the impact of the landfill will be discernible and will impact the skyline. This will be most noticeable from the Skyway Bridge, north of the landfill and from the Maplehurst area but it is true of all three areas. In order to suggest a possible alternative to lowering the landfill and to provide mitigation of this impact, staff contacted Walkers directly and requested that they consider vegetating with trees that portion of the slopes that would be visible above the existing skyline. That would only involve a narrow band of vegetation that when the bees are relatively mature, would extend the tops of the trees, over the "brow" of the landfill but it would ensure that it would blend in with the existing vegetation on the Escarpment. Walkers suggested wording of a condition related to this. While there has been considerable discussion about the wording of a condition that could be included in the approval of the EA, the following wording was agreed to July 18, 2006. It is acceptable to MOE, Walkers and is recommended to the Commission by staff as a condition to mitigate what staff believes will be an identifiable effect of the landfill on the Escarpment environment. "As part of the End -use Plan developed for the South Landfill, the proponent shall develop a landscape plan for the Stage 4 side slopes of the 7 south Landfill. The proponent shall retain an independent Landscape Architect, as selected by the Niagara Escarpment Commission, to prepare a landscape plan in consultation with a multi stakeholder End Use Committee including the Niagara Escarpment Commission and residents within 500 metres of the site. Plantings on the Stage 4 slopes shall be included in the development of the landscape plan to further naturalize the views to provide a vegetated skyline from Woodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material is to be largely comprised of native and indigenous coniferous and deciduous trees that will be visible from Woodend Conservation Area, the Skyway Bridge and Maplehurst as they mature." 2. Springs and Ponds The Ecology Study prepared as part of the EA notes that the water quality in the springs and ponds located along the Escarpment brow exceed PWQOs at various locations. The proponents response is that the exceedances are due to the quality of the background water feeding the ponds and springs and other potential surface sources unrelated to quarry locations. It is also noted that the amount of water directed to the springs and.ponds will be reduced by 48 The NEC Recommendations on these observations were The source of these exceedances should be identified in the EA. The Operation and Design Report should examine the need for and the methods for mitigation to deal with the reduction of water flowing through the ponds and springs. The environmental change that could be caused by the substantial reduction in water through the springs and ponds should be described by the EA. Walkers have submitted a request to amend their present Permit to Take Water at the South Quarry. In response to this application MOE has retumed Walkers application and requested that they submit A proper assessment of potential impacts on 6 and 8 Mile Creeks due to the potential reduction of the springs and spring fed ponds needs to completed and it should reflect the new pumping locations, monitoring of quantity and quality of the springs and the head w acts tributaries of the creeks under expected pumping rates, potential p organisms. assessment of the potential impacts and proposed mitigation measures that Consultation with the NEC should be included. 6 In this regard, Walkers has been in contact with NEC staff, they have provided us with a copy of the yearly monitoring information and the information submitted regarding their application to amend their present permit to take water. They have also indicated that once they have prepared the study on the springs and ponds they will provide us with this additional information. The report entitled "2005 Monitoring Report for Residential and Groundwater- Springs" Niagara Falls Quarry Gartner Lee Limited March 2006 includes MOE's district staff comments under the present Certificates of Approval. MOE's comments are made on the present Certificates of Approval which apply to monitoring of the Closed West Quarry, the East Quarry Landfill and the Walker Brothers' Niagara Quarry. The MOE district staff persons note that with respect to ground water, the East Quarry Landfill appears to be operating as designed and no impacts to the groundwater have been observed. The surface water reviewer acknowledges that it is difficult to distinguish between leachate impacts and deep groundwater due to the range in parameter concentrations; however, the use of ammonia /strontium and or chloride /magnesium ratios have been used elsewhere to differentiate saline (brine) groundwater from leachate and should be adopted in this case. In summary, regarding the monitoring report a number of exceedance issues are identified and a number of instances of additional information required and compliance issues are also identified. The June 15, 2006 Staff Report the Recommendations were: 1. The EA does not describe the environment affected by the reduction of the water going to the springs and ponds along the top of the Escarpment; nor does the EA identify the source of the exceedances of the water quality in these springs and ponds; nor does the EA describe the effects of the these water quality and quantity issues on the tributaries of the 6 and 8 Mile Creeks that are fed by these springs and ponds, nor does the EA describe the effects of the reduction of water on the Escarpment environment in the vicinity of the springs and ponds; therefore, it cannot be said that this EA satisfies the requirements of the EA Act in terms of description of "the environment that will be affected or that might reasonably be expected to be caused to the environment." 2. The EA Review has not addressed the question of the springs and ponds that we raised in our comments on the EA. The Ministry reviewers should consider this issue and until this has been done and until the work describing the environment affected by the reduction of water to the springs and ponds and until the implications of water quality issues from the existing landfill and the proposed landfill have been thoroughly reviewed, it is premature to approve the EA or to consider whether this EA should be approved. The EA does not adequately describe alternative methods of carrying out the undertaking that would not result in a reduction in the quality of water in the springs and ponds nor does the EA adequately describe alternative methods 7 that would not cause a potential effect on the water quality in the springs and ponds. In response to these recommendations and as a result of our discussions, MOE has provided the memo attached as Appendix B to this report. In that memo, MOE technical staff notes that' When receiving the study for the South east Quarry PTTW, the cumulative impacts from all Walkers operations located within this area will be considered. NEC will be consulted on the Terms of Reference and final Report submitted as a part of this study? Since the Niagara Escarpment Commission is dependent on the technical expertise of the MOE to comment on these issues and since the MOE is satisfied that these concerns can be dealt with in the evaluation of the Permit to Take Water (PTfW), NEC staff is prepared to recommend that the NEC indicate to the Minister that they are satisfied that this concem will be addressed by the Ministry through other approvals. 3. Related to Particulate matter and the effect on the Bruce Trail Impacts to Recreational Users With regard to this issue, our concem was primarily that the EA document describing the effects on the Environment by the undertaking had not accurately described the effects particularly with respect to the impacts of the particulate matter. And even though one section of the MOE was asking for additional information on the modelling of this effect, the EAAB in the EAR had indicated that the description of the Environment was "reasonable in that an appropriate range of criteria were used in the analysis of the alternatives and appropriate mitigation measures have been developed? New modelling was done by Walker's consultants and new mitigation procedures have been suggested and have been reviewed by MOE. These new procedures will result in substantial reduction (over 50 in the particulate impact at the Bruce Trail receptor. However, the MOE technical staff warns that "But the dust mitigation will need to be more definitive than stated in the original report (Section 8). These technical requirements could be addressed in the Design and Operations stage or in the Certificate of Approval stage rather than the Environmental Assessment." See Appendix C. With regard to this issue the conclusion by MOE that the EA is acceptable will not change and further they are not prepared to pursue deficiencies in the EA through that process. Staff recommends that the NEC indicate that they accept that the new information regarding the levels of impact at the Bruce Trail location and that the further mitigation proposed by Walkers can be addressed in detail through the Certificate of Approvals stage. 8 t o RECOMMENDATIONS The Niagara Escarpment Commission (NEC) should inform the Minister of the Environment that they are satisfied that their outstanding issues have been addressed or will be addressed either by additional conditions of the EA or through other approvals. And that if the following condition is included as a condition in the approval of the EA then the NEC would submit that their request for a Hearing can be withdrawn. "As part of the End -use Plan developed for the South Landfill, the proponent shall develop a landscape plan for the Stage 4 side slopes of the south Landfill. The proponent shall retain an independent Landscape Architect, as selected by the Niagara Escarpment Commission, to prepare a landscape plan in consultation with a multi stakeholder End Use Committee including the Niagara Escarpment Commission and residents within 500 metres of the site. Plantings on the Stage 4 slopes shall be included in the development of the landscape plan to further naturalize the views to provide a vegetated skyline from Woodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material is to be largely comprised of native and indigenous coniferous and deciduous trees that will be visible from Woodend Conservation Area, the Skyway Bridge and Maplehurst as they mature." Prepared by Kafhryn Pou'hder Senior Planner Linda Latta Landscap Archibct 9 11 .0T7 Y r' 'LOT 10T3 :_OT tit Composting and Public Drop -off Centre L O T t L6, f, 1.014 LOO 3 ,m LOT rl New -Entrance LOT 32 LOT 65 Lr)T12Q UN$AIN -R LOT 33 LOT 47 LOT 52 LOT G4 OT u9 0 Na ATTACHMENT Niagara Escarpanierat"•. Plan Walker Waste Disi Environmental Asseusinelat Escarpment Natural Area Escarpment Protection Area Escarpment Rural Area Mineral Resource Extraction Area Urban Area Public Land (in Parks and Open Space System) e i4e m Ee Omen Mnege+ m enw,n4err, aN�•. a, eo nne totomnrmoon •en w n w n m'• e` iaoIn. onEeam en nun N.90.• Eeu M wa a�e rnu nine n mt. applowd .11 Bruce Trail Main Trail Side Trail r., Licenced Aggregrate —e Extraction Area Proposed South Landfill Scale 1:20,000 250 500 750 1000 Metres wnw eemeee I ses Ms ass Do n. l m a +Wne Wee &re.:;ndeeeew, tali na O;�,o OgialTap•balMIIIGDatan. Stab IV= w e.•w.enweewn roeo m ammn:o mot a F Ontario e Paw aeenr P,,,,i,e Pawl ry Warner Road WALKER'S INDUSTRIES PROPOSED LANDFILL North Brow Rebuilt Walker Escarpment Industries Receptor Point 8 View: South West View (Standing in Hedgerow) July 11, 2006 In a 0 r f[ 0) C T o hm 0. o a n. 0 U 01 N 111 —I 1.1. u- N 0 z 0< z -j N 0 W co Ya J 0 ty Ito Sa. en N W N aJ Lie H LL. 0 0 Z 0 Z ^^.a U7 n�/ FL. vi Lti a IS WALKER INDUSTRIES PROPOSED LANDFILL Property, South Side of St, David's Street View to the East, just South of Receptor Point 16 July 11, 2006 Niagara Escarpment rrscarpement du Niagara de I'Ontano February 15, 2007 Mr. Ken Forgeron Senior Planner Niagara Region Planning and Development 2201 St. David's Road P.O. Box 1042 Thorold, ON L2V 4T7 Dear Mr. Forgeron: Niagara Escarpment Commission 232 Guelph Street Georgetown ON 170 461 Tel. No. (905) 877 -5191 Fax No. (905) 873 -7452 Commission de l'escarpement du Niagara 232, we Guelph Georgetown ON 170 461 N° de tel. (905) 877 -5191 Telecopieur (905)873 -7452 www.escarpment.org RE: Regional Policy Plan Amendment 1 -2007 Walker Bros. Proposed South Landfill Application for Solid Non Hazardous Waste Taylor Road, Niagara Falls (Part of Lots 31, 49, 50 and 66) City of Niagara Falls, Regional Municipality of Niagara With regard to your circulation of the above noted application, the Niagara Escarpment Commission (NEC) wishes to advise you that they do not object to the principle of recognizing the proposed disposal of non hazardous solid waste as a permitted land use however, they have the following comments: This application and the applications to amendment the City Official Plan and By -law should have been considered at the same time -as the Environmental Assessment application for these lands. The following condition was added to the approval of the Environmental Assessment for this property at the request of the NEC to minimize the effect of the landfill on the skyline above the Escarpment (see the attached Staff Report). "As part of the End -use Plan developed for the South Landfill, the proponent shall develop a landscape plan for the Stage 4 side slopes of the south Landfill. The proponent shall retain an independent Landscape Architect, as selected by the Niagara Escarpment Commission, to prepare a landscape plan in consultation with a multi stakeholder End Use Committee including the Niagara Escarpment Commission and residents within 500 metres of the site. A Irving vision Une vision Wvante A World Biosphere Reserve OQ Ontario tine reserve de la biosphere mondiele Plantings on the Stage 4 slopes shall be included in the development of the landscape plan to further naturalize the views to provide a vegetated skyline from Woodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material is to be largely comprised of native and indigenous coniferous and deciduous trees that will be visible from Woodend Conservation Area, the Skyway Bridge and Maplehurst as they mature." Given the above, any future use of these lands must recognize that the .proposed landscaping referenced in this condition will be provided on a -portion of the lands. It is anticipated that the portion of the lands to be landscaped will not be suitable for agricultural use due to the intended permanence of the landscaping and the slope where the plantings will occur. The Amendment should therefore reflect this exception to the agricultural after use requirement in the proposed Amendment. Should you have any questions regarding these comments please contact the undersigned at 905 877 -8363. Yours very truly, cr l� 0 Kathryn Pounder Senior Planner Attach: NEC Staff Report July 20, 2006 c: J. Fisher F. Berardi KP7w C \Documents \Letters Kathy Pounder Feb. 8, 2007 Ltr to Ken Forgeron Region of Niagara ON 03 U 2 0 9-7 J Ontario's Ntagact I ccal mien( l I.H.311)CIlIt'11( 1( Magma dr I OI1tai id July 20, 2006 PROPOSAL: ISSUES: &b.# 9653 N.E.C. DECISION JUL 2 0 2006 STAFF REPORT RE: Walker Waste Disposal Environmental Assessment (the EA) City of Niagara Falls, Region of Niagara EA File No. EA- 02 -08 -03 DATE RECEIVED: May 19, 2006, (February 16, 2006 previous circulation) COMMENT DEADLINE: Immediately (MOE has internal processes involving recommendations to the Minister with regards to a Hearing.) SOURCE: Ministry of the Environment (MOE), Environmental Assessment Approvals Branch (EAAB) SUMMARY RECOMMENDATION: The Niagara Escarpment Commission should inform the Minister of the Environment that they are satisfied that their outstanding issues have been addressed or will be addressed either by additional conditions of the EA or through other approvals, and that they therefore, request that their previous request for mediation and a Hearing be withdrawn. Niagara Waste Systems Limited (a subsidiary of Walkers Industries Holdings Limited) will simply be referred to as Walkers. Walkers has initiated a process of preparing an Environmental Assessment for a new landfill called the "South Landfill in the South Quarry" an area which is adjacent to, but outside the NEP. Walkers opened their existing East Landfill in 1982. This landfill is located partially within the Niagara Escarpment Plan (NEP) area. See Map 1. The East Landfill has about three more years left of remaining capacity. The South Landfill will provide for the disposal of industrial, commercial and institutional waste (IC &I) from the Province of Ontario. Subsequent (June 19, 2006), to the NEC's last meeting, representatives of the MOL Walkers and NEC staff (Ken Whitbread, Linda Laflamme and Kathy Pounder) rnet to discuss the Commission's comments. NIAGARA ESCARPMEN T the u,,,un 1 arpnn:nl Nun 20111 Annwurwuy 1,,., I4 7005 .I .,.n..,,. I.• 1 .i,po u.:N .1,, N,ugmn 20 ,r, ,mr WW1 Ontario Niagara Escarpment Commission 232 Guelph Streot Georgetown ON 1.70 46 I Eel. No. (905) 877 -5191 Fax No. (905) 8/3-1'45%! Commission de ('escarpement du Niagara 232. rue Guelp Georgetown ON Lai 4131 N' de tel. (905) 877 -5191 relgcopieur(9051873 (452 www.escarpmen( lilt 3 reserve tie In Imnplero r1.1 t'ESCARPEMENI DU NIAGARA MOE is not prepared to change their procedures or request that Walkers circulate the Design and Operations Report (The D &O report will be reviewed by MOE technical staff as part of the Certificate of Approvals applications). NEC staff received a copy of the D &O report July 4 but they have not had time to review it. In addition, MOE is satisfied that Walkers will apply for their approvals under the Planning Act, after the EA is approved. Walkers have sent correspondence confirming their intention to proceed with the applications and the Region of Niagara is satisfied with this. See Appendix A. Three issues remain related to: 1. The Visual Impact of the Landfill 2. The water quality and quantity in the Springs and Ponds 3. Particulate matter and the effect on the Bruce Trail Impacts to Recreational Users BACKGROUND: The Environmental Assessment Act (EAA) does not automatically apply to this proposed undertaking since Walkers is a private proponent. They applied to the Minister of the Environment to designate this undertaking under the EAA on January 14, 2004. They received approval June 3, 2004. The EA was prepared according to Terms of Reference approved by the Minister September 30, 2004. None of the comments made by the NEC were incorporated into the ToR. The EA application, consisting of the EA and appendices was formally submitted to MOE February 17, 2006. An Addendum, which included additional responses by Walkers to those who had commented on the draft, was submitted March 10, 2006. A seven week public and agency review period was then held that ended April 7, 2006. The EA was then reviewed by MOE and a core team of experts that formed the Government Review Team (GRT). The role of the GRT is to review the EA for its technical merits to ensure that the data presented is accurate and the conclusions valid. Once the Review is complete, the Review is put on the public record for a further comment period of 5 weeks. At this time, anyone who feels that there are issues which still need to be addressed, may comment to MOE prior to the end of the expiry period and any person may request a hearing before the Environmental Review Tribunal. The NEC requested a Hearing and mediation prior to the June 23 deadline. There is then a final review period of 13 weeks by the Ministry. MOE is presently finalizing the conditions of approval of the EA. Before making a decision, the Minister may appoint a mediator. 2 4 MOE did offer to hire an independent Landscape Architect to review the issues raised by the NEC regarding the height of the Landfill and the impact on the skyline. NEC staff submitted three names for an independent person however; MOE accepted a different name from Walkers. Meanwhile, NEC staff had not reviewed the new information submitted by Walker's consultants. See the discussion of Visual Impacts below. THE PROJECT AND THE NEP: No new or expanded waste disposal facilities.are permitted within the NEP area by the policies of the NEP and the Envitonmerftal Protection Act (EPA). The exception to this statement is that the EPA in Section 27 permits in the case of a site approved before the subsection came into force a proposed use, operation, alteration, enlargement or extension of a waste disposal site which will not result in a greater area at a waste disposal site being covered with waste. Therefore, while the enlargement etc. of an existing site within the NEP would not be permitted by the NEP and would require an amendment to proceed, it could be permitted in principle, by the EPA. The proposed South Landfill is located outside of the NEP area. It does however; require the use of facilities within the NEP area, the teachate pond and aeration facility, the storm water connection and outfall. These are existing facilities. The Environmental Assessment does not propose any change to these facilities. It may be that changes or modifications to the facilities within the NEP area are contemplated by the Design and Operations report and those changes would require a Development Permit from the NEC. For instance, because the volume of water is anticipated to increase substantially at the outfall into the Welland Canal, the Niagara Conservation Authorities recommended that the outfall require upgrading to prevent erosion of the Escarpment in that location. Such a structure would require a Development Permit from the NEC. The development of a landfill immediately adjacent to the Niagara Escarpment Plan Area will have a direct effect on the environment of the Niagara Escarpment Plan Area and for these reasons we commented on this application. PREVIOUS COMMENTS ON THE APPLICATION: Terms of Reference When the NEC commented on the ToR for this EA, four major recommendations were made: The scope of the EA and the ToR is too narrow and should be expanded. That an additional item be added in Section 5.3 (Alternatives To the Proposed Undertaking and Alternative Methods for Carrying Out the Proposed Undertaking), Subsection 2 (Evaluation Methodology) to. include flexibility for addressing unanticipated issues that may arise during their EA review. 3 5 That an additional map and possible related text be prepared to identify and describe the Study Areas listed in Appendix A, Section 3 (Study Areas); That a number of wording changes or additions be made to the ToR. The Minister approved the ToR without incorporating the NEC's comments. 2. Reviewed. EA Our March 2006 Staff Report reviewed the EA documents. The NEC adopted recommendations (with amendment) from that report. The Environmental Assessment Review (EAR) includes MOE and the proponent's comments on these recommendations. Several conditions are proposed to be added to the approval of the EA to deal with NEC identified concerns. 3. Comments on the EAR In the June 15, 2006 Staff Report, staff commented on the EAR and recommended that the NEC request that the Minister provide mediation and further if that is not successful a Hearing due to the outstanding issues not covered adequately through conditions. ANALYSIS OF SPECIFIC CONCERNS: 1. Visual Impact NEC staff had recommended in our previous staff report that the NEC consider any new information brought by Walkers. Walkers provided new information at the staffs meeting with MOE on June 19, 2006. With regard to the effect of the landfill on the sky line from the Skyway Bridge their new information indicates that the landfill will be less visible than they had originally suggested. They also noted that planting on the existing reconstructed brow will not mitigate views of the proposed landfill from the Woodend Conservation Area. No additional information was submitted for the Maplehurst receptor point. No proposals for mitigation were submitted by Walkers. Staff reviewed the new information from Walker's at the location of each of the receptor points. New photos were taken from those points and the information and photos provided by Walkers were reviewed while standing at those locations. See the figures from the EA and new photos taken by NEC staff attached to this report 4 The following information is relevant: Staff agrees that landscaping of the existing north "brow" of the landfill would not mitigate the proposed landfill; The photos provided by Walkers while they may indicate the location and relative height of the proposed landfill do not reflect the actual impact of the landfill on the skyline. Even the pictures which we took do not accurately represent the detail visible of the Escarpment skyline from the Skyway Bridge travelling at highway speed. From all points but especially from the Skyway Bridge the impact of the landfill will be greater than is portrayed by the photos. Individual features on the skyline are much clearer than is represented by the photos. From Maplehurst individual trucks are visible; from the Skyway Bridge the industrial facilities and buildings at Walkers are visible and discernible. Facilities and buildings at Walkers are also visible from Queenston Street parallel to the Skyway Bridge. The skyline adjacent to the proposed landfill is vegetated and natural except the north brow location. (Thit; is the reconstructed brow area of the existing landfill visible from the Bruce Trail.) The Maplehurst view was partially interrupted when a ship was passing, but this was only for a short period. In summary, staff believes that the impact of the landfill will be discemible and will impact the skyline. This will be most noticeable from the Skyway Bridge; north of the landfill and from the Maplehurst area but it is true of all three areas. In order to suggest a possible alternative to lowering the landfill and to provide mitigation of this impact, staff contacted Walkers directly and requested that they consider vegetating with trees that portion of the slopes that would be visible above the existing skyline. That would only involve a narrow band of vegetation that when the trees are relatively mature, would extend the tops of the trees, over the "brow" of the landfill but it would ensure that it would blend in with the existing vegetation on the Escarpment. Walkers suggested wording of a condition related to this. While there has been considerable discussion about the wording of a condition that could be included in the approval of the EA, the following wording was agreed to July 18, 2006. It is acceptable to MOE, Walkers and is recommended to the Commission by staff as a condition to mitigate what staff believes will be an identifiable effect of the landfill on the Escarpment environment. "As part of the End -use Plan developed for the South Landfill, the proponent shall develop a landscape plan for the Stage 4 side slopes of the 5 7 south Landfill. The proponent shall retain an independent Landscape Architect, as selected by the Niagara Escarpment Commission, to prepare a landscape plan in consultation with a multi stakeholder End Use Committee including the Niagara Escarpment Commission and residents within 500 metres of the site. Plantings on the Stage 4 slopes shall be included in the development of the landscape plan to further naturalize the views to provide a vegetated skyline from Woodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material is to be largely comprised of native and indigenous coniferous and deciduous trees that Will be visible from Woodend Conservation Area, the Skyway Bridge and Maplehurst as they mature." 2. Springs and Ponds The Ecology Study prepared as part of the EA notes that the water quality in the springs and ponds located along the Escarpment brow exceed PWQOs at various locations. The proponent's response is that the exceedances are due to the quality of the background water feeding the ponds and springs and other potential surface sources unrelated to quarry locations. It is also noted that the amount of water directed to the springs and ponds will be reduced by 48 The NEC Recommendations on these observations were The source of these exceedances should be identified in the EA. The Operation and Design Report should examine the need for and the methods for mitigation to deal with the reduction of water flowing through the ponds and springs. The environmental change that could be caused by the substantial reduction in water through the springs and ponds should be described by the EA. Walkers have submitted a request to amend their present Permit to Take Water at the South Quarry. In response to this application MOE has returned Walkers application and requested that they submit A proper assessment of potential impacts on 6 and 8 Mile Creeks due to the potential reduction of the springs and spring fed ponds needs to completed and it should reflect the new pumping locations, monitoring of quantity and quality of the springs and the headwaters tributaries of the creeks under expected pumping rates, potential impacts to aquatic organisms. assessment of the potential impacts and proposed mitigation measures. ...that Consultation with the NEC should be included. 6 In this regard, Walkers has been in contact with NEC staff, they have provided us with a copy of the yearly monitoring information and the information submitted regarding their application to amend their present permit to take water. They have also indicated that once they have prepared the study on the springs and ponds they will provide us with this additional information. The report entitled "2005 Monitoring Report for Residential and Groundwater Springs" Niagara Falls Quarry Gartner Lee Limited March 2006 includes MOE's district staff comments under the present Certificates of Approval_ MOE's comments are made on the present Certificates of Approval which apply to monitoring of the Closed West Quarry, the East Quarry Landfill and the Wacker Brothers' Niagara Quarry. The MOE district staff persons note that with respect to ground water, the East Quarry Landfill appears to be operating as designed and no impacts to the groundwater have been observed. The surface water reviewer acknowledges that it is difficult to distinguish between leachate impacts and deep groundwater due to the range in parameter concentrations; however, the use of ammonia /strontium and or chloride /magnesium ratios have been used elsewhere to differentiate saline (brine) groundwater from leachate and should be adopted in this case. In summary, regarding the monitoring report a number of exceedance issues are identified and a number of instances of additional information required and compliance issues are also identified. The June 15, 2006 Staff Report the Recommendations were. 1. The EA does not describe the environment affected by the reduction of the water going to the springs and ponds along the top of the Escarpment; nor does the EA identify the source of the exceedances of the water quality in these springs and ponds; nor does the EA describe the effects of the these water quality and quantity issues on the tributaries of the 6 and 8 Mile Creeks that are fed by these springs and ponds, nor does the EA describe the effects of the reduction of water on the Escarpment environment in the vicinity of the springs and ponds; therefore, it cannot be said that this EA satisfies the requirements of the EA Act in terms of description of "the environment that will be affected or That might reasonably be expected to be caused to the environment" 2. The EA Review has not addressed the question of the springs and ponds that we raised in our comments on the EA. The Ministry reviewers should consider this issue and until this has been done and until the work describing the environment affected by the reduction of water to the springs and ponds and until the implications of water quality issues from the existing landfill and the proposed landfill have been thoroughly reviewed, it is premature to approve the EA or to consider whether this EA should be approved. The EA does not adequately describe alternative methods of carrying out the undertaking that would not result in a reduction in the quality of water in the springs and ponds nor does the EA adequately describe alternative methods 7 1 that would not cause a potential effect on the water quality in the springs and ponds. In response to these recommendations and as a result of our discussions, MOE has provided the memo attached as Appendix B to this report. In that memo, MOE technical staff notes that "When receiving the study for the South east Quarry PTTW, the cumulative impacts from all Walkers operations located within this area will be considered. NEC will be consulted on the Terms of Reference and final Report submitted as a part of this study." Since the Niagara Escarpment Commission is dependent on the technical expertise of the MOE to comment on these issues and since the MOE is satisfied that these concerns can be dealt with in the evaluation of the Permit to Take Water (PTTW), NEC staff is prepared to recommend that the NEC indicate to the Minister that they are satisfied that this concern will be addressed by the Ministry through other approvals. 3. Related to Particulate matter and the effect on the Bruce Trail Impacts to Recreational Users With regard to this issue, our concern was primarily that the EA document describing the effects on the Environment by the undertaking had not accurately described the effects particularly with respect to the impacts of the particulate matter. And even though one section of the MOE was asking for additional Information on the modelling of this effect, the EAAB in the EAR had indicated that the description of the Environment was "reasonable in that an appropriate range of criteria were used in the analysis of the alternatives and appropriate mitigation measures have been developed." New modelling was done by Walker's consultants and new mitigation procedures have been suggested and have been reviewed by MOE. These new procedures will result in substantial reduction (over 50 in the particulate impact at the Bruce Trail receptor. However, the MOE technical staff warns that "But the dust mitigation will need to be more definitive than stated in the original report (Section 8). These technical requirements could be addressed in the Design and Operations stage or in the Certificate of Approval stage rather than the Environmental Assessment." See Appendix C. With regard to this issue the conclusion by MOE that the EA is acceptable will not change and further they are not prepared to pursue deficiencies in the EA through that process. Staff recommends that the NEC indicate that they accept that the new information regarding the levels of impact at the Bruce Trail location and that the further mitigation proposed by Walkers can be addressed in detail through the Certificate of Approvals stage. 8 10 RECOMMENDATIONS The Niagara Escarpment Commission (NEC) should inform the Minister of the Environment that they are satisfied that their outstanding issues have been addressed or will be addressed either by additional conditions of the EA or through other approvals. And that if the following condition is included as a condition in the approval of the EA then the NEC would submit that their request for a Hearing can be withdrawn. "As part of the End -use Plan developed for the South Landfill, the proponent shall develop a landscape plan for the Stage 4 side slopes of the south Landfill. The proponent shall retain an independent Landscape Architect, as selected by the Niagara Escarpment Commission, to prepare a landscape plan in consultation with a multi stakeholder End Use Committee including the Niagara Escarpment Commission and residents within 500 metres of the site. Plantings on the Stage 4 slopes shall be included in the development of the landscape plan to further naturalize the views to provide a vegetated skyline from Woodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material is to be largely comprised of native and indigenous coniferous and deciduous trees that will be visible from Woodend Conservation Area, the Skyway Bridge and Maplehurst as they mature." Prepared by: Kathryn Po der Senior Planner me Archi Linda Latia Landscap 9 1 1 /LOT s :r 11 Lora LO1t LOT 3 :ill 3 LOT 11 12 LOT t, r•• LOT 30 Asphalt Crushing Plants c A g Tpr 31 I/ .s `.t East Quarry Landfill LOT New Entrance 4QT9 awn stud. ..■•.k.1 LOT 32 LOT 65 Lc ;1 G LOT 33 LOT 47 LOT 52 LOT 154 OT GO ATTACHMENT #1 Niagara Escarpment Plan Walker Waste Disponai Environmental Asses;onuent Escarpment Natural Area Escarpment Protection Area Escarpment Rural Area Mineral Resource Extraction Area Urban Area Public Land (in Parks and Open Space System) .ms m. ..,y..* uw.. w.r a« .a m. .ewn i.wro•..m n...>....o:o.w.11 n .r. rw.•• Bruce Trail Main Trail Side Trail L.-1 Licenced Aggregrate Extraction Area Proposed South Landfill Scale 1:20,000 25 500 750 1000 Metres nm.. ..•,..n.a iaa o..i.aan••• berm .o.M. ••n. M.M&N Iw m.n. p.m. k w l' in quill N puu dm, Memo [mRm.�m cpnm, M .M0 nfia gav e• l O ntario 010N Ouwm smwr:w anmo i i U) W J 2 J H W co 0 D 0 ZZg CO Ya 0 a IL PROPOSED CONFIGURATION OF LANDFILL STAGE 4 StarrtE WALKER WASTE OIS!'O SAL EA JULY IU,200A CCt PROPOSED SOUTH LANDFILL as seen from Maplehurst RECEPTOR POINT 16 wailer industries(*) C16.1 ATTACHMENT ##7 WALKER'S INDUSTRIES PROPOSED LANDFILL CQ Front Yard of Slope Keefer Inn North Side of St.David Street Views East to Proposed Landfill Location: East of Receptor Point 16 July 11, 2006 Aar •ttw WALKER INDUSTRIES PROPOSED LANDFILL Property, South Side of St. David's Street View to the East, just South of Receptor Point 16 July 11, 2006 Anna Morocco 2007/01/29 Enbnde AM 44/2006 pdf 1 'a9e 1 JANUARY 23, 2007 FRANCESCA BERARDI PLANNER 2 THE CITY OF NIAGARA FALLS REGIONAL POLICY PLAN 4310 QUEEN STREET P.O. BOX 1023 NIAGARA FALLS ON L2E 6X5 Dear Sirs: Yours truly, f Randy Wilton Manager, Network Analysis Distribution Planning (416) 758-7966 (416) 758 -4374 FAX RW'ry Plan SC ENBRIDGE ENBRIOGE GAS DISTRIBUTION INC. 500 Consumers Road North York ON M2J 1P13 Mailing Address P.O. Box 650 Scarborough ON MIK 5E3 RE: AM- 44/2006, OFFICIAL PLAN ZONING BY-LAW AMENDMENT APPLICATION, REGIONAL POLICY PLAN AMENDMENT #1 -2007 WALKER BROTHERS QUARRIES LIMITED TAYLOR ROAD, NIAGARA FALLS(PART OF LOSTS 31,49,50 &66) PROPOSED SOUTH LANDFILL Enbridge Gas Distribution has no objections to the development as proposed. However, should the applicant consider the use of natural gas for this development, Enbridge requests the developer contact us at their earliest convenience to discuss installation and clearance requirements for service and metering facilities. RECEIVED JAN 2 9 2007 PLANNING DEVELOPMENT Anna Morocco 2007/01/02 Enbrid e Comm AM44 06edf Page 1 Jan. 2. 20U1 11:40AM Enbridge Pipelines Inc. Enbddge Pipelines Inc. 801 Upper Canada nave P.O. Box 128 Samla. Ontario Canada N1T 7118 (Castor N7W MS) www.enhddge.com Date: January 2, 2007 City of Niagara Falls Company. Regional Planning Development Attention: Francesca Berardi Fax Number: 905- 356 -2354 Dear Ms. Berardi, Phone: (919)339-0611 Fax: (619)339 -0610 If you have any questions or require clarification please let me know. Regards, rmmta Number of Pages (Including cover): 1 From: Ann M. Newman If this transmission is not received in good order, please call: (519) 339 -0503 email: ann.newman@enbridge.com RE: AM- 44/2006 Official Plan Zoning By -law Amendment Application Walker Brothers Quarries Limited Taylor ltd., Niagara Palls Proposed South I pndfill No. 1016 P. 1 NBRIDGE Enbridge Pipelines Inc. Enbridge) does not have any facilities in the area of the proposed landfill. Enbridge does not have any comments or concerns with regards to the subject proposal. Enbridge Pipelines Inc. and Enbridge Gas Distribution Inc. are separate companies. These comments do not include Enbridge Gas. Enbridge Pipelines Inc. operetes the worlds longest crude oil pipeline system, delivering more than MG million barrels of crude m7 per day to commercial markets in Bast Canada and the U.S. Midwest. Enbridge Gas Distribution Is Canada's largest natural gas distribution company with more than 1.7 million customers In Ontario, Ouebec and New York State. RECEIVED JAN 0 2 2007 PLANNING DEVELOPMENT intended for the may in p. pdNogod er ential use the disclosure of whi may res In Ihenotach of s ae ita l nn laws or the Infringement ot /able 01 third pat. If you have received this tale: py In error, preen call Immediately (cobra If necessary) at the number above. We Monk you In advance for your cooperation and assistance. Anna Morocco 2007/01/30 City of Thorold AM-44/2006. •df 01 30. 2U''7 11:10 Fat 9052278137 at wry Ships aimb Th Mils... FAX: 905- 356 -2354 Francesca Berardi, Planner 2 Corporate Services Department Planning Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: AA:em cc: T. Doherty, Director of Operations THOROLD PLAN /BLDG /FIRE CitY of Darold January 30, 2007 Re: AM- 4412006, Official Plan Zoning By -law Amendment Application Regional Policy Plan Amendment #1 -2007 Wallcer Brothers Quarries Limited Taylor Road, Niagara Falls (Part of Lots 31, 49, 50 and 66) Pzynosed South Landfill The City of Therold's Planning Building Services Department in consultation with the Operations Department have no comments or objection to the proposed amendments. Yours truly, a le& dir„,, P.O. Bra 1094,8540 Schnee Parktvall Timed, Oatarb I2V 4117 wwwthW'O cum Tel: 505. 2274018 ihoro� Adele Arbour, MOP, RPP Director of Planning Building Services RECEIVED JAN 3 0 2007 PLANNING DEVELOPMENT Anna Morocco 2007/01/29 Enbridne AM- 44/2008 ndf JANUARY 23, 2007 FRANCESCA BERARDI PLANNER 2 THE CITY OF NIAGARA FALLS REGIONAL POLICY PLAN 4310 QUEEN STREET P.O. BOX 1023 NIAGARA FALLS, ON L2E 6X5 Dear Sirs: RE: AM- 44/2006, OFFICIAL PLAN ZONING BY -LAW AMENDMENT APPLICATION, REGIONAL POLICY PLAN AMENDMENT #1 -2007 WALKER BROTHERS QUARRIES LIMITED TAYLOR ROAD, NIAGARA FALLS(PART OF LOSTS 31,49,50 &66) PROPOSED SOUTH LANDFILL Enbridge Gas Distribution has no objections to the development as proposed. However, should the applicant consider the use of natural gas for this development, Enbridge requests the developer contact us at their earliest convenience to discuss installation and clearance requirements for service and metering facilities. Yours truly, 7 Randy Wilton Manager, Network Analysis Distribution Planning (416) 758-7966 (416) 758 -4374 FAX RW ry Pl anting Soe nnod nie: Gcn.r- J ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC. SOO Consumers Road North York ON M2J IPS Mailing Address P.O. Box 650 Scarborough ON M11( 5E3 RECEIVED JAN 2 9 2007 PLANNING DEVELOPMENT Anna Morocco 2007/01/02 Enbridge Comm AM44 06idf Jan. 2. 2001 11:40AM Enbridge Pipelines Inc. Enbridge Pipelines Inc. 801 Upper Canada ndve P.O. Box 128 Sarnia, Onrarb Canada NIT 7118 (Coder N7W 10.$) avnv.enbrdge.com Date: January 2, 2007 City of Niagara Falls Company: Regional Planning Development Attention: Francesca Berardi Fax Number. 905- 356 -2354 Dear Ms. Berardi, Regards, 11 Phone: (519)399 -0511 Fax: (519) 339 -0510 If you have any questions or require clarification please let me know. No. 1016 P. 1 NBR/DGE Number of Pages (Including cover): From: Ann M. Newman RE: AM- 44/2006 Official Plan Zoning By -law Amendment Application Walker Brothers Quarries Limited Taylor Rd., Niagara Falls Proposed South T her fill If this transmission is not received in good order, please tall: (519) 339 -0503 email: ann.nowmaa(a3enbridge.com .Ebridge Pipelines Inc. (Enbridge) does not have any facilities in the area of the proposed a n Enbridge does not have any comments or concerns with regards to the subject proposaL Enbridge Pipelines Inc. and Enbridge Gas Distribution Inc. are separate companies. These comments do not include Enbridge Gas. Enbridge Pipelines Inc. operates the worlds longest crude oil pipeline system, delivering nwre than two million barrels of crude oil per day to commercial markets in Eastern Canada and the U.S. Midwest Enbrld&c Gas Distribution Is Canada's largest nalural gas distribution company with more than 1.7 million customers in Ontario, Quebec and New York State. RECEIVED JAN 0 2 2007 PLANNING DEVELOPMENT This telecopy Is Intended for the sole we or the parson to whom It Is addressed and should not be read by, or tldlvered to, anyone else, It 0.91115 contain r privileged i y received do ed a Ielecopy in error, Please call (collect tf necessary) at the number a We thank you In advance for your cooperation and assistance. Anna Morocco 2007/01730 City of Thorold AM 44/2006. df Page 1 ul 30.2uot 11:10 FAX 9052278137 Where Ships Climb The Mouraaia_ FAX: 905- 356 -2354 Francesca Berardi, Planner 2 Corporate Services Department Planning Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: Re: AM- 44/2006, Official Plan Zoning By -law Amendment Application Regional Policy Plan Amendment #1 -2007 Wallcer Brothers Quarries Limited Taylor Road, Niagara Falls (Part of Lots 31, 49, 50 and 66) Proposed South Landult The City of Thorold's Planning Building Services Department in consultation with the Operations Department have no comments or objection to the proposed amendments. AA:em cc: T. Doherty, Director of Operations THOROLD PLAN /BLDG /FIRE City of Thorald January 30, 2007 Thorold Yours truly, &66,6 644,14 Adele Arbour, MOP, RPP Director of Planning Building Services P.O. SON 1044, 8590 Schoen Partway, Told, Ontario WV 447 maw.thopeltttwm Tel: 805227.8818 Root RECEIVED JAN 3 0 7 .007 PLANNING DEVELOPMENT Anna Morocco 2007/02/28 Mendian/TransCanada AM- 44/2006 df Pa. e January 18, 2007 Ms. Francesca Berardi, The City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2Ei6X5 Dear Ms. Berardi: We are in receipt of the above -noted applications and would like to offer the following comments. TransCanada has two high pressure natural gas pipelines immediately south of the proposed landfill site, crossing Beechwood Rd. TransCanada has no concerns with the proposed Amendments, but would like to know if increased truck traffic resulting from the Landfill will be crossing our pipeline. Could you please advise us if a traffic analysis has been completed? If this is the case, engineering will need to do a pipeline integrity analysis. If you have any questions, please don't hesitate to contact our office. Sincerely, BobT.ehman, Partner MERIDIAN Re: AM -44/2006 OPA ZBLA Application, ROPA #1 -2007 Walker Brothers Quarries Limited Our File No. PAR 7717 Authorized commenting Agency for 113 Collier St, Barrie, ON L4M 1H2 (705) 7374512 itk RECEIVED FEB 28 2007 PLANNING DEVE.LOPMENT Y TransCanada December 12, 2006 Mr. Dean lorfida City Clerk City of Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida, walker in:dust environmental assessment Box 100, THDRO L D, ONTARf O,. CANADA 1.2i1 3 Y8 Websita:www. .;nfo Toll- freest- 888 -681 -9990 FAX:1905)227 -9791' Re: Update Environmental Protection Act application Walker Industries/Niagara Waste Systems Limited proposed landfill expansion As you may know, Walker Industries, through its subsidiary Niagara Waste Systems Limited, recently received approval from the Province of Ontario for the Environmental Assessment for its proposed landfill expansion. The landfill has been approved to take up to 850,000 tonnes of waste per year, which will help to address the demand for disposal capacity for the industrial, commercial and institution (IC &I) sectors. Niagara Waste Systems Limited has submitted an application for a Certificate of Approval for this landfill, located in City of Niagara Falls, Regional Municipality of Niagara adjacent to Thorold Townline Road. The landfill will be known as the South Landfill. It will be built on the site of Walker Industries' depleted south quarry next to our existing East Landfill, which has about three more years of capacity. The South Landfill will be constructed in four main stages, roughly of similar capacity and duration. Each stage will be rehabilitated with soil cover and vegetation as it reaches its capacity. The application for a Certificate of Approval is based on the Proposed Walker South Landfill Design and Operations Report. This Report provides the basis for final technical design and development of the landfill expansion. A draft of this Design and Operation Report was made available to area stakeholders in the spring of 2006 (see the Document Library section of the Walker Environmental Assessment webs_ ite www.walkerea.info) Municipalities, agencies and members of the public received either email notification, or notification through the Walker Environmental Assessment Newsletter (June 2006), of the availability of the draft Report for comment. The only comments that were received were internal comments from Walker representatives and comments from consultants involved in the Environmental Assessment. No other comments were received. The Report submitted to the Ministry of the Environment does not differ substantially from the earlier draft report. Editorial and formatting changes were made to ensure that the report was consistent with Environmental Assessment impact assessment studies, and was clear, logical, and coherent. In the near future, the Ministry of the Environment's Environmental Assessment and Approvals Branch will be sending local municipalities and agencies a letter to solicit comments on the Proposed Walker South Landfill Design and Operations Report. This letter will contain instructions on how to provide comments to the Ministry. If you have any questions, please do not hesitate to contact me. Yours sincerely, John E. Fisher Vice President and General Manager Walker Environmental Services JEF:vlj EA:EPA Application-Stakeholders Ministry of the Environment 2 St. Clair Avenue West Floor 12A Toronto, ON M4V 1L5 Environmental Assessment and Approvals Branch November 22, 2006 City Clerk Clerk's Division City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls ON L2E 6X5 Thank you for your interest in this environmental assessment. Yours uly, 2, avenue St. Clair Ouest Etage 12A Toronto, ON M4V 1L5 Enclosure Ministere de I'Environnement C ,brlene Cressman Project Officer Environmental Assessment Approvals Branch '(6 .l. 1.101. O_ ntario Tel: (416) 314 -8001 Fax: (416) 314 -8452 To Whom It May Concern: On November 15, 2006, Cabinet concurred with the Minister of the Environment's decision to approve the environmental assessment submitted by Niagara Waste Systems Ltd. (Walker) for the provision of future waste disposal capacity in the City of Niagara Falls. Walker can now proceed to acquire the required Environmental Protection Act and Ontario Water Resources Act approvals. Enclosed for your information is a copy of the Notice of Approval to proceed with the approved undertaking. The submission period provided for in the Notice of Completion of Review for the above undertaking expired on June 23, 2006. By that date, no submissions or requirements for a hearing were received by the Minister of the Environment. No hearing was held and the Notice of Approval has now been given as required by section 9 of the Environmental Assessment Act. If you have any questions or require more information, please contact me at 416- 314 -8311 or through email at charlene.cressman @ontario.ca. ENVIRONMENTAL ASSESSMENT ACT SECTION 9 NOTICE OF APPROVAL TO PROCEED WITH THE UNDERTAKING RE: An Environmental Assessment for the Provision of Future Waste Disposal Capacity in the Regional Municipality of Niagara. Proponent: Niagara Waste Systems Ltd. (Walker) EA File No.: EA- 02 -08 -03 TAKE NOTICE that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on June 23, 2006. I received eight submissions before the expiration date. One submission requested mediation, and, if no resolution resulted from mediation, then referral to a hearing by the Environmental Review Tribunal. I consider a hearing or mediation to be unnecessary in this case. Having considered the purpose of the Act, the approved Terms of Reference, the Environmental Assessment, the Ministry review of the Environmental Assessment and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below. REASONS: My reasons for giving approval are: 1. On the basis of the proponent's Environmental Assessment and the Review, the proponents conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid. 2. No other beneficial alternative method of implementing the undertaking was identified. 3 2. The proponent shall comply with all the provisions of the environmental assessment submitted to the MOE which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approvals or permits that may be issued. 3. These conditions do not prevent more restrictive conditions being imposed under other statutes. 4. Where a document is required for the Public Record, the proponent shall provide the document to the Director for filing within the specific Public Record file maintained for the undertaking. Copies of any such documents should also be provided to: (a) the Director of the MOE West Central Regional Office; (b) the Manager of the MOE Niagara District Office; (c) the Clerk of the Regional Municipality of Niagara; and, (d) the Public Liaison Committee, if applicable. These documents may also be provided through other means as considered appropriate by the proponent. EAA Monitoring and Annual Reporting 5. The proponent shall prepare and submit to the Director, for the Public Record, an Environmental Assessment Compliance Monitoring Program (Program). The Program shall be prepared for the monitoring of the proponent's fulfillment of the provisions of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out. The Program must contain an implementation schedule. The Program shall be submitted one year from the date of approval of the undertaking, or at least 60 days before the commencement of construction, whichever is earlier. A statement must accompany the Program when submitted to the Director, indicating that the Program is intended to fulfill this condition. The Program, as it may be amended by the Director, must be carried out by the proponent. 6. The proponent shall prepare an annual Compliance Report which describes compliance with the conditions of this approval and which describes the results of the proponent's Environmental Assessment Compliance Monitoring Program. The first Compliance Report shall be published on the same date as the annual monitoring report as required in the Certificate of Approval for the South Landfill. The Compliance Report shall be published on the same date each year thereafter and shall cover the same reporting period as the annual monitoring report. The proponent shall submit to the Director, for placement on the Public 5 10. Prior to submitting applications for Environmental Protection Act and Ontario Water Resources Act approval, the proponent shall submit to the Regional Director, a study completed by a qualified person to investigate the historical changes in brine concentrations from the Niagara Waste System (NWS) drainage trench discharge. The purpose of the study is to assess the potential impact(s) of increased brine quality and quantity on the Old Welland Canal that is associated with the projected flow and concentration from the NWS drainage. trench. The study must include the interpretation of the probable impacts, recommendations and proposed mitigative measures. The proponent shall deliver a copy of the study to the MOE West Central Region, Niagara Escarpment Commission, City of Niagara Falls, City of Thorold, Region of Niagara, the Town of Niagara -on- the -Lake and Niagara Peninsula Conservation Authority for comment. End -use Plan The proponent shall allow the parties noted above, a minimum of 30 days for review and comment. The proponent shall take any comments received into consideration prior to the submission of the study to the Regional Director. 11. As part of the End -use Plan developed for the South Landfill, the proponent shall develop a landscape plan for the Stage 4 side slopes of the South Landfill. The proponent shall retain an independent Landscape Architect, as selected by the Niagara Escarpment Commission, to prepare a landscape plan in consultation with a multi stakeholder End Use Committee including the Niagara Escarpment Commission and residents within 500 metres of the South Landfill. Plantings on the Stage 4 slopes shall be included in the development of the landscape plan to further naturalize the views to provide a vegetated skyline from Woodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material is to be largely comprised of native and indigenous coniferous and deciduous trees that will be visible from Woodend Conservation Area, the Skyway Bridge and Maplehurst as they mature. Compliance, Transparency and Accountability 12. The proponent shall permit an Environmental Inspector (which includes other appropriate technical expert(s)) employed by the MOE to inspect the South Landfill, during hours of waste disposal operations on such terms and conditions, after consultation with the proponent, as deemed appropriate by the District Manager and, for greater certainty: News Release Communique Ministry of Minist%re de the Environment I'Environnement Ontario For Immediate Release November 16, 2006 NIAGARA WASTE SYSTEMS LANDFILL EXPANSION RECEIVES ENVIRONMENTAL APPROVAL Will Take Industrial And Commercial Waste Under Strict Environmental Conditions TORONTO The proposed Niagara Waste Systems landfill expansion in Niagara Region has received environmental assessment approval, with conditions, Environment Minister Laurel Broten announced today. "My priority is to protect Ontario's environment and my goal is to ensure that any new proposal for a landfill in the province meets the strictest environmental rules," Broten said. "To that end, I have imposed several conditions on the approval to ensure the Niagara Escarpment, the surrounding watershed and the region's communities are protected." The landfill has been approved to take up to 850,000 tonnes of waste per year, which will help to address the demand for disposal capacity for the industrial, commercial and institution (IC &I) sectors. Approximately four million tonnes of IC &I waste goes to landfills in Ontario each year. About three- quarters of the waste received by private landfills comes from the IC &I sectors. The site is also approved to accept municipal solid waste. Approximately 100,000 tonnes of the site's approved capacity must be reserved annually for the Region's municipal waste. The environmental approval comes with the following conditions: The proponent must undertake a study to assess potential water quality changes to the Welland Canal, including mitigation measures. This study must be completed before the proponent can proceed to seek further technical approvals. A Ministry of the Environment inspector will be on -site to monitor the landfill operations. The inspector's monitoring efforts will increase as the landfill becomes larger. The proponent must submit annual environmental assessment compliance reports to the ministry to demonstrate how it fulfilled its commitments to mitigation measures and conditions of approval. A public liaison committee, which has been in place since 1994, will continue to operate in order to provide a forum for the exchange of information about both the existing and the new landfill. Before Niagara Waste Systems can proceed, the landfill proposal must be reviewed and approved by the ministry under the Environmental Protection Act and Ontario Water Resources Act. 1 "The proponent has done a good job of evaluating the scientific and technical matters surrounding the proposed site," Broten said. "The current landfill is a well -run operation and we will ensure this expanded landfill operates in a safe and environmentally sound manner." The landfill, located near Niagara Falls on Thorold Townline Road, will be built on the site of Niagara Waste Systems Ltd.'s depleted south quarry next to its existing landfill, which has about three more years of capacity. The landfill will be constructed in four main stages, roughly of similar capacity and duration. Each stage will be rehabilitated with soil cover and vegetation as it reaches its capacity. Contact information for media: John Steele, (416) 314 -6666 Ministry of the Environment Disponible en fran9ais 30 Contact information for the general public: 416- 325 -4000 or 1- 800 -565- 4923 /www.ene.gov.on.ca 2 Anne O'Hagan, (416) 325 -5809 Minister's Office 02/21/2007 11:33 905- 354 -6610 February 19, 2007 Mayor Salci and Members of Council i. c/o City Clerk, Dean lorfida, City Hall, Queen Street Niagara Falls, On gg it From May 10 -13, 2007 Stamford Collegiate will celebrate its 150 Anniversary. Not only is it the oldest public high school in the Niagara Region, but it is the oldest school east of Kitchener and Toronto. Stamford Collegiate, a landmark in this community since 1857, has educated thousands of students over its long history. Many residents of Niagara Falls, prominent business owners, successful athletes, scholars, politicians and artists have passed through our doors and can attribute their success to the solid foundation they received during their years at the school on the hill. We need the help and assistance of City Council and the Transit Commission for this huge community event and are requesting complimentary shuttle service from off site parking lots to and from the Stamford campus. It is expected that three to five thousand alumni will participate in Stamford's 150' Reunion. There are various events at the school itself from 5 p.m. 12 a.m. Thursday May 10, 12 p.m. 8:30 p.m. Friday May 11, 11 a.m. 4:30 p.m. Saturday May 12 and 9:30 a.m. 11:30 a.m. Sunday May 13. which will necessitate our alumni to be on campus. On top of the events at Stamford, we have booked the Greek Canadian Cultural Centre, Club Italia and the Serbian Hall and Grounds for three different "Era Socials" on Friday night and the Grand Hall of the Fallsview Casino for Saturday night, in order to accommodate the huge numbers expected. At this point In time, with registrations starting to come in, it is safe to say that 60 -70% of our alumni are coming from out of town and in fact, from all over the world. This event will certainly showcase Niagara Falls to our alumni who have not been back for many years and certainly boost revenue in the city throughout the tourist sector. Parking and transportation to our campus is a critical 'issue for us, as the Stamford lot only holds approximately 90 cars. It is our intention, to block off the first 20 spots, close to Drummond Rd for handicapped parking which leaves us with 70 parking spots. Currently, we have secured "Lot 1" on the corner of the 420 and Stanley Ave. for the four day period and this Casino lot holds 700 cars. We need more parking lots close to Stamford, to accommodate the expected number of alumni. In addition, please consider the use of the City's Municipal Parking Lot #12 (Sylvia Place) should its use be required. On behalf of the Reunion Committee, I am asking Council and Niagara Transit to assist us with complimentary shuttle service, from our designated lots, to and from Stamford, during this historic four day event. It will almost be impossible to get parking, at or near Stamford and by securing some available Tots in the city and transporting our alumni back and forth, this should alleviate congestion and a traffic nightmare around the Drummond Rd and Lundy's Lane intersection and surrounding neighbourhoods. Thank you, in advance, for your support of this great event. Sincerely, STAMFORD COLLEGIATE Helen Henderson, Chair of Stamford's 150th Reunion Proud Stamford Grad and Teacher District School Board of Niagara Aehinag gektea Meet*/ PAGE 02/02 Stain f ord' Collegiate 5775 Drummond Road, Niagara Falls, Ontario L2G 4L2 Telephone (905) 354-7409 Fax (905) 354 -6618 e an^ t& czr) �rer 02/21/2007 11:33 905- 354 -6618 STAMFORD COLLEGIATE FACSIMILE COVER SHEET FAX NUMBER: 9,14- 3551 DATE: Veb 2VOrt FROM. t"1e3erti ktx,,rson NUMBER OF PAGES: COVER SHEET MESSAGE: 1 Distact School 'bait 'bait Wilmer. Ackley/kJ Success Way PAGE 01/02 Stamf CoCCe9iate 5775 Drummond Road. Niagara Falls, Ontario L2G 412 Telephone (805) 354 -7409 Fax (905)354i6615 The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in compliance with the Public Sector Accounting Board (PSAB) 3150 requirements, the City of Niagara Falls is committed to the development of an asset management program for the purpose of valuation of assets; and WHEREAS the Governments of Canada and Ontario are partnering with eligible municipalities to assist them with asset management and capital building through the Asset Management Program (AMP); and WHEREAS the City of Niagara Falls is applying for funding of the City of Niagara Falls Asset Management and Accounting Project through the Canada Ontario Municipal Rural Infrastructure Fund (COMRIF); and WHEREAS the City of Niagara Falls is committed to contributing at least Vs of the costs for the project; and WHEREAS the City of Niagara Falls Asset Management and Accounting Project will lead to a more efficient management of assets in the City of Niagara Falls. THEREFORE BE IT RESOLVED that the City of Niagara Falls Asset Management and Accounting Project will be funded and is a high priority within the City of Niagara Falls. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS Zoning By- LawAmendment Application AM-39/2006 (5056 Montrose Road, Angelo Marino, Applicant), dealing with recognition of two existing dwelling units was heard at the January 22, 2007 Council meeting; and WHEREAS the January 22n meeting complied with the requirements of the Planning Act to hold one statutory public meeting and associated notice provisions; and WHEREAS there were no representations from the public at the January 22n meeting; and WHEREAS Council approved the application and that the applicant work with City Staff regarding landscaping on the property; and WHEREAS City Staff and the applicant have met on this matter and the applicant has provided a revised site plan. THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, that the changes to the proposed zoning by -law for 5056 Montrose Road are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR March 19, 2007 MW- 2007 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: BACKGROUND: Niagarajlalls MW- 2007 -19 Sign and Electrical Kiosk Encroachment 5818 Drummond Road (Northeast Corner Drummond at Lundy's Lane) Migdalos Investments Limited. That staff be directed to negotiate and enter into an Encroachment Agreement with Migdalos Investments Limited to recognize the location of the existing sign and electrical kiosk. In 2005, the City entered into a Site Plan Agreement with Migdalos Investments Limited which imposed certain conditions of approval for the expansion to the existing plaza. One of these conditions was the provision of a road widening along the Drummond Road frontage of the site. Due to the site configuration and parking layout it was too onerous to relocate the sign and electrical kiosk from the road widening and as a result the owners were permitted to maintain this encroachment without documentation until such time as the City required the land for other road related purposes. The purpose of this Report is to obtain direction and approval from Council to formalize this existing arrangement into a written document being a standard Encroachment Agreement which will be registered on title to the City's road widening and the plaza property as outline in a Site Plan Agreement. 4310 Queen Stree P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Municipal Works Working Together to Serve Our Community March 19, 2007 MW- 2007 -19 Recommended by: Respectfully submitted: G. Holman S: /MW- 2007 -19 Sign and Electrical Kiosk Encroachment 1 Ed Dujlovic, .En.., Dire?tor of Municipal Works John MacDonald, Chief Administrative Officer March 19, 2007 MW- 2007 -23 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -23 Clifton HillNictoria Ave. Intersection Improvements Consulting Engineering Services -Urban Environmental Management Inc. Traffic Assessment and Engineering Design RECOMMENDATION: It is recommended that Council authorize the engagement of Urban Environmental Management Inc. to update the traffic assessment at the intersection of Clifton Hill and Victoria Avenue and to prepare engineering drawings for the design of the necessary improvements to the intersection at an upset limit of $50,000.00. BACKGROUND: NiagaraJalls CANADA The intersection of Clifton Hill and Victoria Avenue is one of the City's busiest intersections both from a vehicular and pedestrian perspective. Staff has met with representatives of HOCO Ltd. to discuss their concerns related to public safety and have agreed that there is a need to advance further studies and make physical improvements. Staff has received a proposal from Urban Environmental Management Inc. which sets out an aggressive work plan to determine where capacity and safety modifications are needed at the intersection. The upset fee of $45,000 is within the range for a direct appointment and given the consultant's familiarity with the project and their knowledge of the stakeholder's interest, we can expect the prompt delivery of a complex solution on this project. The project is to be funded from the Capital Holding Account and was included in the 2006 Capital Budget (account no.12 -3- 310034 030000). A $5,000 contingency allowance has been added to the upset limit of $45,000 to allow for additional work if necessary. Attached for your reference is a of the consultant's proposal. A standard Engineering Agreement an fit, iltion By -Law will be forthcoming at a future meeting. 4310 Queen Street P.O. Box 1023, Niagara Falls, ON Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works March 5, 2007 Recommended by: Respectfully submitted: Director of Municipal Works Ed Dujlovic, P. En acDonald, Chief Adminhdrative Officer G. Holman S:IREPORTS12007 Reports\MW- 2007 -23- CliftonVibtoria Intersection Consultants.wpd MW- 2007 -23 URBAN ENVIRONMENTAL MANAGEMENT INC u Program Management Asset Management Environmental Ouality Management Systems Occupational Heath &Safety Waste Menageme Municipal Engineering Development Planning &Approvals Environmental Assessment Strategic Policy Planning Strategic Technology 4701 St. Clair Avenue, Suite 30 Niagara F, 905.371.9764 fax 905.371.9763 toll free 1.866.840.9764 uemconsulting.com PROFESSIONAL CONSULTING SERVICES City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attn: Mr. Geoff Holman, CET Manager of Development Re: Proposal for Intersection Improvement of Clifton Hill and Victoria Avenue Scope of the Assignment The following activities will be carried out by UEM for this project: PRP07 -10 February 21, 2007 Further to the meeting of January 20, 2007 and your letter of February 20 2007, Urban Environmental Management Inc. are pleased to submit our proposal to undertake a detailed design of and update the traffic assessment for the Clifton Hill and Victoria Avenue intersection. Background The configuration of the intersection of Victoria Avenue at Clifton Hill /Centre Street provides for a channelized right turn lane on the west leg which is not controlled by the traffic signal. A pedestrian crosswalk was never installed at this location and across the south leg of the intersection due to the potential conflict with the right fuming vehicles. During the height of the tourist season, despite barricades and other restrictions, pedestrians cross Victoria Avenue on the south side of Clifton Hill creating potential conflicts and liability. At one time the Canadian Pacific Railway tracks crossed Clifton Hill immediately east of the intersection. While the tracks have been removed, there is a crest on Clifton Hill at this location. We understand that the City has plans to reconstruct this intersection in either 2007 or 2008. Improvements will be made to provide a new left tum lane on the south leg, removal of the channelized island (on the west leg), provision of a pedestrian crosswalk on the south leg and regarding to remove the crest at the top of Clifton Hill, if possible. Urban Environmental Management Inc. (UEM) has been involved with HOCO for a number of years providing various alternatives for elimination or reduction of the above noted issues. As the technical consultant for HOCO, UEM has met with the City of Niagara Falls on many occasions and is very familiar with the issues at the intersection. Proposal for Intersection Improvements of Clifton Hill and Victoria Avenue February 7, 2007 Meet with City of Niagara Falls staff to discuss the project in detail, assemble all available data on the existing underground infrastructure in the area, topographic survey information for the study area, traffic and signal timing information for the intersection Meet with area stakeholders to discuss the proposed intersection improvements and to identify their concerns and comments Prepare base plans and determine if any additional topographic survey is required Update traffic assessment previously undertaken by others with the most recent turning movement counts Evaluate operational performance of the proposed intersection improvements and assess pedestrian crossing alternatives Recommend traffic signal timing as part of the signal design Design of traffic signals and illumination Prepare plan and profile drawing and submit to the City for their review and comments Incorporate comments into the plans Prepare material for and host one Public Open House for the proposed intersection improvements Meet with City and stakeholders to finalize the design of the intersection improvements Prepare probable cost of construction estimate Prepare tender drawings and specifications for tender call (20 sets) and issue any addenda during tendering Attend tender opening and prepare tender recommendation Work Not Included The proposal does not include any design considerations with any interaction of the People Mover, retaining wall design if required due to elevation change to remove the crest on Clifton Hill and the rental of equipment necessary to carry out test hole excavation and backfilling. Work By Others The City will arrange for the Public Meeting and tender advertising The City will arrange for the locations of the Public Meeting and tender opening Timing City staff have indicated that the work cannot be carried out during the peak tourist time. The following schedule is provided assuming an early March start for the project. Public Meeting Tender Close Council Approval Construction Start May 16 July 17 August 13 September 4 Page 2 Proposal for Intersection Improvements of Clifton Hill and Victoria Avenue February 7, 2007 Proposed Staff Mr. Robert M. Martin, P.Eng., F.CSCE, DCE a Principal of the Fimi will act as the Project Manager and team leader on this assignment. Mr. Martin has 35 years of engineering experience in the municipal sector, thirty of which have been in the Niagara area. His experience includes roads, sewers, watermains, land development, storm and sanitary drainage, pumping stations and infrastructure rehabilitation. During the last 15 years he has been involved in various projects within the area including HOCO land, Falls Avenue reconstruction, storm sewer outlet and servicing reviews. Mr. George Wagenaar, P. Eng., DCE Senior Municipal Engineer will carry out and co- ordinate the design and drafting of the project. Mr. George Wagenaar has 35 years of municipal engineering experience relating to land development, roads, sewers, watermains, drainage and project management. Mr. Art Klassen, B.A.A will assist in the design and carry out the AutoCad drafting. Ms. Ana Gall, M.Eng., P.Eng, PTOE will carry out the traffic engineering component of the project. Ms. Gall will be joining UEM on March 1, 2007. She has over 18 years of traffic engineering experience including Class EA, traffic engineering/operations studies, road safety audits, parking demand analysis and traffic impact assessments. Mr. Patrick Gallipeau, CET, of PLG Consulting will be responsible for the traffic signal and illumination design including preparation of PMH -125 drawings. Mr. Gallipeau has over 19 years of experience in electrical engineering with extensive background in traffic signal /illumination projects. Resumes of the project members are attached. All of the above are familiar with Niagara Falls and have worked on previous projects in the City. Fees and Disbursements (GST is extra) We propose to bill the City on a monthly basis up to the upset limit for the scope of the activities as presented in this proposal. Topographic Survey 5,000 Traffic Assessment Update 3,300 Test Pits 800 Design $30,000 Public Meeting 4,400 Disbursements 1.500 Total $45,000 GST is extra Our Firm carries $5,000,000 general liability insurance and $2,000,000 in professional liability insurance. Page 3 Proposal for Intersection Improvements of Clifton Hill and Victoria Avenue February 7, 2007 We trust the forgoing meets your requirements. Please call me if you have any questions or comments. We thank you for giving us the opportunity to submit a proposal for this project. Yours truly, URBAN ENVIRONMENTAL MANAGEMENT INC. S. George Wagenaar, P. Eng., DCE Senior Municipal Engineer Z.IUEMIProposa1s110071PRP07 -10 Intersection Improvements Clifton Nth Victoria AvelProposal Feb 7, O7.doc Page 4 March 19, 2007 MW- 2007 -24 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -24 Contract 2007 -04 2007 Asphalt Patching Contract City Wide RECOMMENDATION: That the unit prices submitted by the lowest tender Norjohn Contracting Paving be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: Niagaraf alls The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean lorfida, opened tenders on Tuesday, March 6, 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by six (6) Contractors and four (4) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1.Norjohn Contracting Niagara Falls 446,870.22 2.Economy Paving Niagara Falls 500,000.00 3.Circle P Paving Stevensville 534,640.00 4.Rankin Construction Inc. St. Catharines 626 .,200.00 The lowest tender was received from Norjohn Contracting Paving in the amount of $446,870.22. This contractor has previously performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521. www.niagarafalls.ca Working Together to Serve Our Community Community Services Departmf Municipal Works March 19, 2006 MW- 2007 -24 The engineer's estimate for this contract was 471,100.00. Project Costs: Awarded Contract (excluding GST) 446,870.22 Funding: Total 446,870.22 2007 Asphalt Patching City Wide (Account No. 12 -3- 310032 030000) 262,140.00 System Maintenance Waterworks (Account No. 15 -3- 431000 040000) 200,000.00 System Maintenance Sanitary Sewer (Account No. 16 -3- 411000 040000) 145,000.00 Total 607.140.00 This project is scheduled to commence construction March 20, 2007 and all work is to carry through the 2007 season. Patching will be completed up to the budget amount utilizing the unit cost in the contract. Council's concurrence with the recommendation made would be appreciated. Recommended by: Respectfully submitted: Ed Dulovic, Director of Municipal Works ct acDonald, Chief Administr. tive Officer F. Tassone S:IREPORTS\2007 Reports \MW 2007 -24 Contract 2007 -04 2007 Asphalt Patching Contract.wpd March 19, 2007 MW- 2007 -28 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraaaaaaJalIs Re: MW- 2007 -28 Dorchester Road Reconstruction CNR New Warning Device System That staff be authorized to proceed to have the CNR fabricate and construct a new rail crossing and Warning Device System at the Dorchester Road crossing at a cost of $204,900 and the signing of the required CNR pipe agreement, be approved. BACKGROUND: In conjunction with the widening of Dorchester Road from Highway 420 to Morrison Street, the CNR must reconstruct the rail crossing to four lanes and install a new warning device system (railway signals and gates) at the Dorchester Road rail crossing. The CNR has completed the engineering of the rail crossing and new warning device system. The City of Niagara Falls estimated cost is $204,900. Prior to proceeding with the fabrication and construction, the CNR requires a purchase order for the estimated cost. In conjunction with the new railway crossing, the CNR requires that prior to the City proceeding with the installation of a new steel pipe casing across the CNR right -of -way for the watermain, traffic signals' interconnect cable and Niagara Falls Hydro ducts, that the City enters into an agreement. Upon the City of Niagara Falls issuing the purchase order, the CNR will proceed with the fabrication and construction of the new rail crossing and Warning Device System. The cost of the new rail crossing and warning device system will be funded from the 2006 Municipal Works Capital Projects Budget Dorchester Road Environmental Assessment Account #12- 3- 310016- 030000. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works March 19, 2007 MW- 2007 -28 It is expected that the required land acquisitions will be finalized and the utilities will complete their required relocations in the spring of 2007. The CNR is scheduled to reconstruct the rail crossing, early summer 2007. In early summer, Alfidome Construction will complete the remaining underground and road construction from Morrison Street to Highway 420. Council's concurrence with the recommendation made would be appreciated. Recommended by: Respectfully submitted: B. Darrall S: \REPORTS12007 Reports\MW- 2007 -28 Dorchester Road Reconstruction CNR New Warning Device System.wpd ujlovic P.Eng., Director of Municipal Works MacDonald, Chief Administrative Officer March 19, 2007 MW- 2007 -29 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraaaaaaaJ7alls CANADA Re: MW- 2007 -29 Canada Ontario Municipal Rural Infrastructure Fund (COMRIF) PSAB 3150 Asset Management Strategy Application for Funding Resolution RECOMMENDATION: For the information of Council; and That the requisite resolution be approved under the Resolutions section of the agenda. BACKGROUND: The Governments of Canada and Ontario will assist eligible municipalities with asset management planning through the "Asset Management Program (AMP)." The Governments of Canada and Ontario will pay 2 /3 of the eligible cost, up to $29,988 with a 1 /3 matching municipal contribution. In order for the application to be considered, Council by resolution, must commit.to this project. On November 20, 2006, the Community Services Committee was presented with report MW -2006 -136 Capital Asset Accounting (PSAB 3150), a copy of the report is attached that outlines the PSAB requirements. The "Asset Management Program (AMP)" will be for a portion of the cost to complete the five stages of asset management, diagnostic, inspection, valuation, sustainability /planning and financial model. The City of Niagara Falls will complete this in three phases: Phase 1 PSAB Readiness Review Asset Management Strategic Visioning (Diagnostic /Inspections) Phase 2 Asset Management Implementation Planning, by asset category (Inspection, Valuation, Sustainable /Planning and Financial Model) Phase 3 Asset Management Implementation (Inspection, Valuation, 4310 Queen Street, P.O. Box 102 3 Niagara Falls, ON Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works March 19, 2007 Sustainable /Planning and Financial Model) City staff in conjunction with Urban Environmental Management has commenced with the diagnostic and inspection stages of asset management. Staff has prepared the required resolution which must accompany the funding application. The resolution is listed under the Resolution section of the agenda for approval. Council's concurrence with the recommendation made would be appreciated. Recommended by: Respectfully submitted: Ed ujlovic P.Eng., Nrector of Municipal Works MW- 2007 -29 aryil 0 rated MacDonald, Chief Ad inistrative Officer B. Darrell S:\REPORTS\2007 Reports\MW- 2007 -29 COMRIF PSAB 3150 Asset Management Strategy Application for Funding Resolution.wpd The City of Niagara Falls, Ontario Council Chambers No. Moved by Councillor Seconded by Councillor WHEREAS in compliance with the Public Sector Accounting Board (PSAB) 3150 requirements, the City of Niagara Falls is committed to the development of an asset management program for the purpose of valuation of assets; and WHEREAS the Governments of Canada and Ontario are partnering with eligible municipalities to assist them with asset management and capital building through the Asset Management Program (AMP); and WHEREAS the City of Niagara Falls is applying for funding of the City of Niagara Falls Asset Management and Accounting Project through the Canada Ontario Municipal Rural Infrastructure Fund (COMRIF); and WHEREAS the City of Niagara Falls is committed to contributing at least 1 /3 of the costs for the project; and WHEREAS the City of Niagara Falls Asset Management and Accounting Project will lead to a more efficient management of assets in the City of Niagara Falls. THEREFORE BE IT RESOLVED that the City of Niagara Falls Asset Management and Accounting Project will be funded and is a high priority within the City of Niagara Falls. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR The City Falls Niagara Fs nad� Members: BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: (905) 356 -7521 (905) 356 -2354 edujlovi @city. n iagarafalls.on.ca Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario RECOMMENDATION: November 20, 2006 Re: MW- 2006 -136 Capital Asset Accounting (PSM 3150) Ed Dujlovic Director The recommendation(s) contained in this report were adopted in committee and ratified by City Council That the City enters into a consulting services agreement with Urban Environmental Management (UEM) at a cost of $59,700 :00 plus GST and that the Mayor and City Clerk be authorized to execute the agreement. The Public Sector Accounting Board (PM) of the Canadian Institute of Charter Accountants have served notice that municipalities will be required to report on tangible capital assets on their Municipal Financial Statements beginning in 2009. This along with the Sustainable Water and Sewer Act passed by the Province in 2002 will require municipalities to begin reporting depreciation of their assets and to implement asset management systems and best practices. The City will be required to develop corporate standards, tools and processes that support the production of complete, consistent information for Capital Asset reporting and management. In order to assist municipalities in making this transition, the Ontario Municipal Benchmarking Initiative (OMBI) with support from the Province of Ontario/Ministry of Municipal Affairs and Housing is developing the OMBI Guide to Municipal Capital Asset Accounting. There is also the potential that funding may be provided from the Province in the implementation of 3150. It is anticipated that the work that will be required to carry out will include; Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services MW- 2006 -136 November 20, 2006 -2 MW- 2006 -136 Identifying the City assets based on a set of classification, level of detail and threshold standards. Measuring the costs of the City's assets based on a set of valuation standards. These standards will include a combination of actual historical costs, discounted replacement or reproduction values possibly combined with the use of Federal governments Book Value Calculator or Ontario Good Roads Association's Municipal Data Works. Creating a systematic and rational basis for allocating the costs of using each class of assets to operations. Establishing presentation and disclosure policies that demonstrate stewardship and the costs of using assets to deliver the City's programs and services. UEM has provided the City a proposal to assist the City in meeting its requirements for the PSAB 3150 beginning in 2009. The deliverables for the project include: Asset Management Vision 1. Vision statement and recommendation to better manage assets. 2. Compliance to legislation. Defined Standard for Asset Representation 1. Asset hierarchy for all assets. 2. Asset trees for all asset classes including valuation/depreciation levels and processes. Recommendation for Policies and Procedures 1. PSAB compliance plan for 2009 in accordance with 3150 and the City's external auditor. 2. Recommendations for existing/future policies and procedures. 3. High level review on information technology requirements. PSAB Work Plan 1. Asset management system reference model for the City. 2. High level budget and resource requirements for 2007, 2008, 2009 and beyond. The report is to be delivered to the City by February 2007 in order to provide the necessary information that will be required in developing the 2007 Budget in order to deal with this matter. Itis staff's intent to hold a workshop with Council to fully explain the impacts. It is staff's recommendation that the City retains UEM to carry out a PSAB Readiness Review and Implementation Plan in order to meet the requirements of PSAB 3150. November 20, 2006 Committee's concurrence with the above recommendation would be appreciated. Prepared and Recommended by: Ed Dujlovic, P.Eng. Director of Municipal Works Ken Burden Director of Finance Attach: 3 S:\REPORTS12006 Reports \MW 2006.136 Capital Asset Accounting PSAB.wpd Respectfully submitted: John MacDonald Chief Administrative Officer MW -2006 -136 1922(0496) Ministry of Municipal Affairs and Housing Office of the Deputy Minister 17 Floor 777 Bay Street Toronto ON M5G 2E5 Tel: (416) 585 -7100 Eat (416) 585 -7211 July 5, 2006 Ministere des Affaires municipales et du Logement Bureau du Sous- nilnistre 17e etage 777, rue Bay Toronto ON M5G 2E5 tele (416) 585 -7100 telecopieur. (416) 585 -7211 Dear Municipal Chief Administrative Officer: Ontario RECEIVED JUL 1 2 2006 OFFICE OF THE ADMINIST ATOR Re: New Accounting and Reporting Requirements Most municipal finance staff are aware of new accounting and reporting requirements recently considered by the Public Sector Accounting Board (PSAB) including the PSAB Handbook section PS 3150, Tangible Capital Assets amendments approved by the PSAB Board on June 12, 2006. I am writing to highlight the significance of these amendments to municipalities and to share with you some of the activities currently underway to assist you in preparing for compliance by January 1, 2009. As you know, the PSA Handbook requires that federal, provincial and territorial governments prepare their financial statements in accordance with accrual accounting principles. The current local government standards contained in the PSA Handbook are based on modified accrual accounting standards that do not require capital expenditures to be recognized as tangible capital assets on the statement of financial position. The depreciation of these assets over their useful lives is also not recognized as an expense on the statement of financial activities. Expenditures by municipalities on tangible capital assets are therefore currently reported as capital expenditures in the period that these assets are acquired. Under the recently- approved section PS 3150 amendments, effective January 1, 2009, municipalities will be required to report tangible capital assets as assets in the statement of financial position. In addition, the amortization of the costs of tangible capital assets is to be accounted for as expenses in the statement of operations. While the new accounting and reporting requirements for tangible capital assets are a significant undertaking, they provide for improved accountability to the taxpayer, a better basis for decision making and more effective means to determine the appropriate expenditure levels to maintain the asset. In short, it is understood that the improved asset management and reporting practises, which the PSAB amendments are designed to promote, will assist all governments in the delivery of efficient and effective services. Municipalities should further note that the changed requirements also have implications for federal programs that are already seeking greater accountability for reporting purposes e.g., in support of the funding allocated to them under current Federal Gas Tax Fund (GTF) programs, municipalities will (by 2009) be required to report out on their municipal capacity building activities which in most cases include asset management components. /2 In consideration of the implications to municipalities associated with the major PSAB changes described here, the Province is working in partnership with a number of municipal associations to provide assistance and guidance where appropriate. For example, the Province has provided financial assistance to the Ontario Municipal Benchmarking Initiative (OMBI) to fully fund the development of an interim guide, "Municipal Guide to Accounting for Capital Assets",-to assist municipalities in preparing for the changed requirements. The first draft has been prepared and is now posted online at www.ombi.ca/accounting.asp, while complementary educational and training materials for the guide are expected to be made available in the Spring, 2007. As well, under the Canada Ontario Municipal Infrastructure Fund (COMRIF),..funding of $5.9 million will be made available to municipalities that are COMRIF- eligible (municipalities with populations of 250,000 or less) to assist with asset management and capacity building. Finally, a co- ordinating committee for municipal asset management initiatives comprised of senior staff from various provincial ministries and municipal organizations has also been established. The purpose of the committee is to share information on asset management, accounting, financial reporting and regulatory activities and education and training that are underway to ensure that these initiatives proceed in a timely and co- ordinated manner and also to ensure that resources are utilized effectively and efficiently. The Municipal Finance Officers Association (MFOA) and the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) have also been very active on this file and have formed a joint working committee to respond to PSAB proposals. This committee includes Ministry of Municipal Affairs and Housing (MMAH) staff as a resource and is a helpful forum for identifying related issues arising from PSAB proposals. MMAH also plans to work formally with the municipal sector, including MFOA and AMCTO, to review possible legislative changes and future data requirements arising from PSAB requirements. In summary, the PSAB changes, approved and pending, have significant implications for all Ontario municipalities from a financial accounting and reporting perspective. Municipal leaders are strongly encouraged to work with their municipal associations and partners now to begin the comprehensive but necessary work required to be compliant in advance of the January 1, 2009, deadline. If you have any questions or require further assistance, please contact your nearest Municipal Services Office of the Ministry of Municipal Affairs and Housing or Mr. Al Horsman, Manager, Municipal Performance and Accountability Branch at (416) 585 -6299 or Mr. William Tumasz, Municipal Finance and Accounting Specialist at (416) 585 -4281 for any assistance or further information. Yours truly, ohn S. Burke Deputy Minister -2- REGISTRATION PLAN SUBDIVISION 59M -183 Mount Carmel Phase 2 59M -216 Mount Carmel North Phase 1 59M -233 Mount Carmel North Phase 2 59M -262 Mount Carmel North Phase 3 59M -224 Ascot Woods Extension 5, Phase 1 59M -241 Ascot Woods Extension 5, Phase 2 59M -275 Ascot Woods Extension 5, Phase 3 59M -238 Balmoral Court Plan 2 59M -219 Greenway Estates 59M- Meadow Creek Phase 3 March 19, 2007 MW- 2007 -30 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Niagaraflalls CANADA Members: Re: MW- 2007 -30 Assumption of Various Subdivisions RECOMMENDATION: That the City formally assumes the Plans and Subdivisions listed in this report. BACKGROUND: The City's standard Subdivision Agreement sets out the Developers obligations to ensure services are constructed according to City standards. Once all deficiencies are corrected and the maintenance periods have expired, the City will grant Final Assumption status to the development. According to the terms in the Subdivision Agreement, the City shall issue a Certificate of Assumption to the following subdivisions. 4310 Queen Street, P.Q Box 1023, Niagara Falls, OR Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works March 19, 2007 MW-2007-30 Once the resolution is passed by Council a certificate will be issued to each developer and a formal notice sent to the Operations staff for their records. Council's favourable consideration of this recommendation is appreciated. Recommended by: Respectfully submitted: Ed D ,�jLvic, Dirtor of Municipal Wor s Joh Donald, Chief Admiriistr.:tive Officer R. Volpini S:IREPORTS\2007 Reports\MW- 2007 -30 Assumption of Various Subdivisons.wpd �V C �l ■.11ti :111 I u� T #rr I u I Sa r- I11 l ILIIIIRr r 111 f111 in"; Mar I #11/I11_ o •r �r.111••.. fl of NMI r/ =limos, n .11..__. s iiL� :r L iii E; '�Itl1/ tunaMtlil i1" -s O1,1101 0" Ii.3 City of Niagara Falls Ontario, Canada Index map to accompany "Plans of Subdivisions To Be Assumed" March 2007 K; \GIS_ Requests\ 2007 \CustomUntemal\Munkipal_ Works\ Assumed _Subdlvisions\subdivisions. map Legend Subdivisions International Border U.S.A. Arc Municipal Boundary Roads Utilities CN RaII CP Rail Hydro March 2007 Niagaraj MAP ID SUBDIVISION PLAN 1 Mount Carmel Extension 2 59M -183 2 Mount Carmel North Phase 1 59M -216 3 Mount Carmel North Phase 2 59M -233 4 Mount Carmel North Phase 3 59M -262 Plans of Subdivision To Be Assumed Map 1 HOLE ELD MI Subdivisions Roads Utilities CN Rail CP Rail Hydro wi International Border U.S.A. Municipal Boundary K:WIS Requests 2007\CustomUntemal Municipal_ Works\ Assumed _SUbdlvislonAsubdivislons.map Legend Subdhrislons Roads Utilities CN Rail CP Rail Hydro International Border U.S.A. mon Municipal Boundary WOODBINE ST TRACKVIEW ST rn D LI ■m D IE DST MAP ID SUBDIVISION PLAN 5 Ascot Woods Ext. 5 Phase 1 591 -224 6 Ascot Woods E. 5 Phase 2 5914-241 7 Ascot Woods Ext. 5 Phase 3 5914-275 10 Meadow Creek Three 5914-295 I MORRISON ST WANLE Plans of Subdivision To Be Assumed Niagara qJJ Map 2 March 2007 N KAGIS_ Requests \2007\CUStomuntemal\MUnidpal_ Works\ Assumed _Subdivlslons .subdivisions.map Niagarafaakf ON ST R YAL 0 0 i GARDEN �aawutn.'+ CROPP K FER DAWSON ST MAP ID SUBDIVISION PLAN 8 Balmoral Court Plan 2 Subdivision 59M•238 BRA(.KtN BE 420 HWY mi 2t101;til I 1 t. NM Subdivisions Roads Utilities 'CN Rail CP Rail Legend 1 1 mormsSON International Border U.S.A. Municipal Boundary 0 D Y N E 200 m STEVENS ST VALLEY W BIAMONTE PKWY March 2007 Plans of Subdivision To Be Assumed Map 3 LU DY' K: \GIS_Requests \2007\Cus tom \Internal\MunicipaLWorks\ Assumed _SubdMtsions\subdivislons.map rei NiagaraJ7ij Plans of Subdivision To Be Assumed Map 4 Legend MAP ID SUBDIVISION PLAN 9 Greenway Estates Subdivision 59M -219 March 2007 MCLEOD RD Municipal Boundary K: \CIS_Requests\2007 Cust om \Intemal\Munidpal_Works\Assumed Subdivisions\ ubdivisions.map March 19, 2007 PD- 2007 -17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagarajlalls Re: PD- 2007 -17 Zoning By -law Amendment Application AM- 39/2006, 5056 Montrose Road Applicant: Angelo Marino Agent: AIIen -Chui Architects Inc. Recognize Two Existing Dwelling Units RECOMMENDATION: 1. That Council receive this report for information purposes. 2. That Council pass the resolution, on tonight's agenda, stating that a further public meeting is not required to consider the landscape reductions. 3. That Council pass the amending by -law, also on tonight's agenda, to recognize the existing dwelling units and to lower the landscaping requirements for the site. BACKGROUND: On January 22, 2007, Council approved a Zoning By -law amendment to recognize a second dwelling unit on the second floor of the building known as 5056 Montrose Road (See Schedule 1 for location). Although the site plan submitted with the application identified some landscaping on the site, a site visit indicated that much of this landscaping did not exist and the remaining landscaping did not conform with zoning requirements. Council directed the applicant to work with staff to improve the landscaping prior to the passage of the zoning by -law authorizing the second unit. This report responds to the direction of Council. Staff and the applicant met on this matter and the applicant has provided a revised site plan, attached as Schedule 2. In lieu of providing the landscaping illustrated on the original drawing, shown as Area 1 on dule 2, the applicant has agreed to landscape a portion 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls,ca Working Together to Serve Our Community Corporate Services Department Planning Development March 19, 2007 2 PD- 2007 -17 of the rear parking area (Shown as Area 2 on Schedule 2) and to plant several trees along the south property line, in the front yard and next to the building. These changes will reduce the landscaped open space area down to about 20% of the lot area. The reduction in the landscaping requires adjustments to the proposed site specific zoning by -law. Since this is a change to a proposed by -law made after the holding of a public meeting, Council must pass a resolution (on tonight's agenda) stating that these changes will not require a further public meeting before passing the by -law. The two changes are as follows: a reduction in the landscaped open space in the front yard, from 15 %D of the front yard area to 0 %D. The amending by -law on tonight's agenda for Council passage reflects these reductions. CONCLUSION: The passage of the resolution appearing on tonight's agenda will allow Council to pass the amending by -law, also on tonight's agenda, to recognize the second dwelling unit in the building and to allow a reduction in landscaped open space. Recommended by: Respectfully submitted: Attach. a reduction in the landscaped open space on the property, from 25% of the lot area to 20% of the lot area. A.Bryce/cb S.PDR12007WD- 2007 -17 AM -39 -2006, Marino, 5056 Montrose Rd.wpd g Darbyson, Director of Planning Development /ohn MacDonald, Ch strative Officer Subject Land SCHEDULE 1 LOCATION MAP Location: Applicant: Amending Zoning By-law No. 79-200 5056 Montrose Rd Angelo Marino Scale: 1:NTS AM-39/2006 12/5/2006 5:14:32 PM AREA 2 SCHEDULE 2 1 1_ 0 EXISTING GRAVEL PARKING AREA EXISTING ASPHALT NAL URN EXISTING 2 STOREY BLDG (A) 505B MONTROSE RD SCALE 1" 30' -0" EXISTING ENTRANCE MONTROSE RD SITE PLAN re 0 AREA 1 PROPOSED CEDAR SHRUBS (b) CITY OF NIAGARA FALLS By -law No. 2007- A by -law to amend By -law No. 79 -200, to permit two apartment dwelling units, recognize the existing landscaped open space and southerly interior side yard width and to repeal By -law No. 2006 -17. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 771, the land on the east side of Montrose Road, opposite Preakness Street, being Part of Township Lot 115, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated LI and numbered 771 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of clauses (d) and (j) of section 11.2.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated LI and numbered 771 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum southerly interior side 3.3 metres yard width (b) Minimum landscaped open space 20% of the lot area 3. None of the provisions of section 11.2.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated LI and numbered 771 on the plan Schedule 1 attached hereto, or the use of the existing building or structure thereon, for the purpose of two dwelling units in combination with another use permitted by the LI zone, provided that such dwelling units have a total floor area of no more than 130 square metres and that they are located entirely above the ground floor, save and except for entrances. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.771 (a) Notwithstanding the provisions of clauses (d) and (j) of section 11 2 2 of By -law No. 79 -200, no person shall use the land on the east side of Montrose Road, opposite Preakness Street, designated LI and numbered 771 on Sheet B4 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2007- None of the provisions of section 11.2.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the east side of Montrose Road, opposite Preakness Street, designated LI and numbered 771 on -2- Sheet B4 of Schedule "A or the use of the existing building or structure thereon, for the purpose of two dwelling units in combination with another use permitted by the LI zone, except in compliance with By -law No. 2007 5. Section 19.1.736 of By -law No. 79 -200 is deleted and By -law No. 2006 -17 is repealed Passed this nineteenth day of March, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 19, 2007 March 19, 2007 March 19, 2007 SCHEDULE 1 TO BY -LAW No. 2007- Subject Land 0 R �ESS ST Applicant: Angelo Marino Assessment 272509000307400 K: \GIS_ Requests \2005\SChedules\zoningAM\AM -25 \mapping, map Amending Zoning By -law No. 79 -200 Description: Part of Township Lot 115, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara 1:NTS AM- 39/2006 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 79 -200, to permit offices for physicians. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C4 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R2 to GC and numbered 769, the land on the north side of Kitchener Street east of Portage Road, being Part of Township Lot 126, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated GC and numbered 769 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 8.2.1 and clauses (a), (b), (d) and (f) of section 8.2.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated GC and numbered 769 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a maximum of two offices for physicians, and except in compliance with the following regulations: (a) Minimum lot frontage (b) Minimum front yard depth (c) (d) Maximum lot coverage (e) Minimum interior side yard width where the side lot line abuts a residential zone Minimum landscaped open space 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.769 Notwithstanding the provisions of section 8.2.1 and clauses (a), (b), (d) and (1) of section 8.2.2 of By -law No. 79 -200, no person shall use the land on the north side of Kitchener Street east of Portage Road, designated GC and numbered 769 on Sheet C4 of Schedule "A or erect or use any building or structure thereon, except for the purpose of a maximum of two offices for physicians, and except in compliance with By -law No. 2007- Passed this nineteenth day of March, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 19, 2007 March 19, 2007 March 19, 2007 15 metres 7 metres 3 metres 20% 15% of the lot area, which shall include a 3.0 metre wide strip along and between any surface parking area and Kitchener Street, save and except for one driveway entrance SCHEDULE 1 TO BY- LAW No. 2007 Subject Land Description: KITCHENER ST 420 HWY Amending Zoning By -law No. 79 -200 Part of Township Lot 126, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Niagara South Condominium Corporation #11 Assessment 272506000306400 1:NTS AM- 35/2006 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 79 -200, to permit expansion of a planned shopping centre and to repeal By -law No. 92 -288. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets B5 and B6 of Schedule "A" to By -law No. 79 -200 are amended by redesignating from SC to SC(H) and numbered 773, the land on the southwest corner of Montrose and McLeod Roads, being Block A, Plan M40; Part of Twp Lot 179 Stamford being Part 1, 59R2365; Part of Twp Lot 186 Stamford being Parts 2 3, 59R2365; s/t an easement in favour of the City over Part 2, 59R2365; in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated SC(H) and numbered 773 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 2.31, 2.42, Table 1 of clause (a) of section 4.19.1 and sections 4.27.1, 8.4.1 and 8.4.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated SC(H) and numbered 773 on the plan Schedule 1 attached hereto, or erect or use any buildings or structures thereon, except for one or more of the uses listed in section 8.4.1 of By -law No. 79 -200 and a pinball or electronic game machine establishment, and except in compliance with the following regulations: (a) Regulations (b) Minimum lot area (c) Minimum building setback from McLeod Road (d) Minimum building setback from Pin Oak Drive, Montrose Road and Canadian Drive (e) Maximum lot coverage for the purpose of determining compliance with clauses (b) through to and including (1) of this section of this by -law and all other provisions of By -law No.79 -200, notwithstanding land ownership, all the land described in section 1 of this by-law and shown hatched and designated SC(H) and numbered 773 on the plan Schedule 1 attached hereto, shall be considered one lot the whole of the land shown hatched and designated SC(H) and numbered 773 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widenings 6 metres after any required dedication for the purpose of road widening 18 metres after any required dedication for the purpose of road widening 35% (f) Maximum height of building or structure (g) Maximum total aggregate gross leasable floor area (h) Parking and access requirements (i) Loading area requirements (j) Open storage (k) Minimum setback of an open storage use, as identified in clause (j) of this section, from a lot line (1) Minimum landscaped open space -2- 18 metres subject to section 4.7 of By -law No. 79 -200 50,000 square metres which may be contained in one or more buildings plus a total maximum aggregate of 1,860 square metres for an automobile service station, car wash, drive -in restaurant and gasoline bar 1 space per 20 square metres of gross leasable floor area, in accordance with the parking space dimensions and access requirements contained in clauses (b) through to (h) of section 4.19.1. of By -law No. 79 -200 in accordance with section 4.20.1 of By -law No. 79 -200 no person shall use any land within a SC zone for the open storage of goods and materials, provided that this shall not apply to the storage of garden and sporting equipment and supplies in an outdoor shop or area operated as an accessory use to a retail store in accordance with clause (c) and (d) of this section 15% of the lot area which shall include a 6 metre wide landscape strip along and abutting McLeod Road and along and abutting Montrose Road from McLeod Road to apoint 150 metres south of McLeod Road after any required dedication for the purpose of road widening, save and except for any driveways 3. The holding symbol (H) that appears in sections 1 and 2 of this by -law and on Schedule 1 attached here to is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the land described in section 1 of this by -law and shown hatched and designated SC(H) and numbered 773 on the plan Schedule 1 attached hereto, or construct buildings or structures with a total aggregate gross leasable floor area exceeding 44,150 square metres, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner shall enter in to an agreement or agreements with the City, securing an appropriate share of the costs of improvements to the surrounding road network attributable to the increase in total aggregate gross leasable floor area from 44,150 square metres to 50,000 square metres as determined through a functional corridor study. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.773 Notwithstanding the provisions of sections 2.31, 2.42, Table 1 of clause (a) of section 4.19.1 and sections 4.27.1, 8.4.1 and 8.4.2 of By -law No. 79 -200, no person shall use the land on the southwest comer of Montrose and McLeod Roads, designated SC(H) and numbered 773 on Sheets B5 and B6 of Schedule "A or erect or use any buildings or structures thereon, except for one or more of the uses listed in section 8.4.1 of By -law No. 79 -200 and a pinball or electronic game machine establishment, and except in compliance with By -law No. 2007- 5. By -law No. 92 -288 is repealed and section 19.1.331 of By -law No. 79 -200 is deleted. Passed this nineteenth day of March, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 19, 2007 March 19, 2007 March 19, 2007 -3- Subject Land SCHEDULE 1 TO BY -LAW No. 2007- Description: Applicant: rat Amending Zoning By -law No. 79 -200 Block A, Plan M40; Part of Twp Lot 179 Stamford being Part 1, 59R2365; Part of Twp Lot 186 Stamford being Parts 2 3, 59R2365; s/t an easement in favour of the City over Part 2, 59R2365; in the City of Niagara Falls, in the Regional Municipality of Niagara RRVP Niagara Square Inc. Assessment #s: 272511000211805; 272511000211800 272511000211900 K: \GIS_tequests \2006\ Schedules \2oningAM\AM- 05\mapping .map 1:NTS AM- 05/2006 February 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to declare Part Lot 10 on Plan 996 surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS on October 3, 2005, the Council of The Corporation of the City of Niagara Falls agreed that Part Lot 10 on Plan 996 be declared surplus as proposed in report L- 2005 -34; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Lot 10 on Plan 996 in the City of Niagara Falls, as in Instruments No. NF36782 in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this nineteenth day of March, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading. Third Reading: March 19, 2007. March 19,2007. March 19, 2007. A by -law to establish Part 3 on Reference Plan 59R -13172 as a public highway, to be known as and to form part of Woodbine Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Lot 19 Plan 74 Stamford being Part 3 on Reference Plan 59R- 13172, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 3 on Reference Plan 59R -13172 that is hereby established as a public highway, be known as and form part of Woodbine Street. Passed this nineteenth day of March, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 19, 2007. March 19, 2007. March 19, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with Cytec Canada Inc. and Falls Community Development Inc., respecting the donation of certain lands to the City to be used for the construction and development of a public arena and related facilities. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: An Agreement dated March 15, 2007 and made between Cytec Canada Inc. as Donor, The Corporation of the City of Niagara Falls as City and Falls Community Development Inc. as Tenant, respecting the donation of certain lands by the Donor to the City to be used by the City for the construction and development of a public arena and related facilities, and certain other agreements among the parties in connection therewith, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this nineteenth day of March, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 19, 2007 March 19, 2007 March 19, 2007 CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: RECITALS: THIS AGREEMENT is made as of the 15 day of March, 2007 CYTEC CANADA INC., a corporation incorporated pursuant to the laws of the Province of Ontario "Donor (the "City "Tenant and c:\docume -11ad \locals— I \temp\tmp751agreement with city- v2.tmp OF THE FIRST PART THE CORPORATION OF THE CITY OF NIAGARA FALLS, a municipal corporation under the Municipal Act of the Province of Ontario OF THE SECOND PART FALLS COMMUNITY DEVELOPMENT INC., a corporation incorporated pursuant to the laws of the Province of Ontario OF THE THIRD PART A. Donor is the owner of land in the City of Niagara Falls, Ontario, known municipally as 4001 Fourth Avenue, Niagara Falls, Ontario which land is more particularly described on Schedule "A" to this Agreement (the "Land B. Pursuant to an unregistered lease dated December, 1998 made between Donor, as Landlord, and Tenant, (the "Lease Donor leased the Land to Tenant and granted to Tenant an option to purchase the Land on the terms and conditions set out in the Lease; C. Donor is prepared to donate to the City the portion of the Land more particularly described on Schedule `B" for the construction of an arena complex (the "Arena Lands on the terms and conditions hereinafter set out; 1.1 (c) (e) c:l docume- I1adVlocals- ntempltmp75Vageement with city- v2,tmp 2 D. Each Party acknowledges that portions of the Land, including the Arena Lands, formerly were the location of industrial operations, including the manufacture of fertilizers and industrial chemicals and may require environmental site assessment, risk assessment, remediation and risk management. NOW, THEREFORE, THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants hereinafter expressed and other good and valuable consideration (the receipt and sufficiency of which are acknowledged by each of them), the Parties hereby agree as follows: ARTICLE 1- DEFINITIONS Defined Terms. In this Agreement, the following capitalized terms shall have the meanings herein ascribed to them: (a) "Access Agreement" means the agreement made as of the 24 day of May, 2006 between the Donor and the City and entitled "Access Agreement; (b) "Action" means any manner of action, suit, proceeding, claim, demand, order or investigation (whether civil, criminal, administrative or otherwise and whether made by any person, firm, corporation, government, or by any governmental department, body, commission, board, bureau, agency or instrumentality, including, without limitation, any and all appeals); "Adjustments" means the adjustments provided for and determined pursuant to Section 2.2; (d) "Arena Lands" has the meaning ascribed thereto in Recital C; "Business Day" means any day other day than Saturday, Sunday or a statutory holiday in Ontario; (f) "Certificate of Property Use" means that instrument issued pursuant to the EPA obligating the owner of property to undertake certain specified risk management measures; "City Solicitor" means the City Solicitor for the City of Niagara Falls; "City's solicitors" means McLean Kerr LLP; "Closing" means the completion of the transaction contemplated by this Agreement; 0) "Closing Date" means ten (10) Business Days after the City has waived the conditions in Section 7.1 hereof or such other date or dates as the Donor and the City may agree; (9) 3 "Condition Date" means the earlier of May 15, 2007 or twenty (20) Business Days after the Record of Site Condition for the Arena Lands has been acknowledged by the Director of the MOE; "Cytec Parties" means Cytec Canada Inc. and Cyanamid of Canada Inc. and, with respect to each of the foregoing, their parents, subsidiaries, affiliates, employees, officers, directors, principals, attorneys, representatives and agent and their respective heirs, successors and assigns; "Donor's Solicitors" means Davis Company LLP; "Environmental Site Registry" has the meaning provided in the EPA; "EPA" means the Environmental Protection Act, R. S. O. 1990, as amended; "GMF Funds" means the proceeds of the approved Federation of Canadian Municipalities Green Municipal Fund loan to the City relating to the brownfield remediation of the Land; "Hazardous or Regulated Substances" means, collectively, any contaminant (as defined in the EPA), toxic substances (as defined in the Canadian Environmental Protection Act, R. S. C. 1985, as amended), dangerous goods (as defined in the Transportation of Dangerous Goods Act, R. S. O. 1990, as amended) and any pollutant or any other substance which when released into the natural environment is likely to cause, at some immediate or future time, an adverse effect (as defined in the EPA) on the natural environment or a material risk to human health; (r) "Existing Environmental Conditions" means those Hazardous or Regulated Substances which are at, on, or emanating from the Land or which have the potential to emanate from the Land, or from conditions on the Land created by the presence of such substances described in any documents or reports prepared for and/or submitted to, or in the possession of Donor as of the Closing Date; (s) "Land" has the meaning ascribed thereto in Recital A; (t) "Lease" has the meaning ascribed thereto in Recital B; (u) "Liabilities" means any and all claims, damages, obligations, liabilities, losses, fines, penalties, actions, judgments, suits, costs, expenses and disbursements of any nature of kind whatsoever, regardless of when or how they arise, whether now accrued or hereafter accruing, including without limitation all fees, charges and disbursements for the services of any experts, all legal fees, charges and disbursement on a solicitor and client basis and any amount paid to settle any actions or to satisfy any judgment; c:\ docume- nadUOCals— tkempkmp75\agreement with city- v2.tmp c:Wocume —Bad \locals- 1ltempltmp75\agreement with city- v2.tmp 4 (v) "MOE" means the Ministry of the Environment of the Province of Ontario; (w) "Proposal" means the proposal for a Green Municipal Fund Brownfield Remediation Low Interest Rate Loan dated November 28, 2005 submitted by the City of Niagara Falls to the Federation of Canadian Municipalities (FCM) and approved by the FCM in the approval letter dated March 22, 2006 and such guidelines and terms determined by FCM, from time to time; (x) "Qualified Person" has the meaning provided in the EPA; (y) "Record of Site Condition" shall mean the document described in Section 168.4(2) of the EPA; (z) "Remediation" means those eligible works approved by FCM for a Remediation Low Interest Loan necessary to render the Land suitable for "community use," "commercial use" and/or "industrial use" as defined by Ontario Reg. 153/04 (or successor requirements) and such conditions that may be imposed by any governmental entity having jurisdiction over environmental matters or contamination of the Land; but shall not include any activity necessary to render the Land suitable for any uses other than "community use," "commercial use," or "industrial use;" (aa) "Donor's Solicitors" means Davis Company LLP ARTICLE 2 DONATION AND CONVEYANCE 2.1 Subject to the terms and conditions hereinafter set out, the Donor shall donate and convey the Arena Lands to the to the City free of charge, subject to the usual adjustments to be paid on closing by certified cheque, money order or bank draft. This Agreement shall be completed on the Closing Date at the offices of the Donor's solicitors or at such other place as the Parties may mutually agree, subject to real property registrations being electronically effected in the appropriate land registry office. 2.2 There shall be adjusted on Closing all items usual in transactions of this nature including, without limitation, the following items (collectively, the "Adjustments (1) realty taxes and local improvement rates and charges; and (ii) all other items reasonably capable and, subject to the provisions of this Agreement, properly the subject of adjustment in connection with the ownership and operation of the Arena Lands as reasonably agreed between City and Donor. c:Wocume- 11adNocals Iltempltmp751agreement with city- v2.tmp 5 2.3 A statement of adjustments showing a breakdown of the Adjustments for the Arena Lands to which there will be annexed details of the calculations made thereon shall be delivered to the City by the Donor at least five (5) Business Days prior to Closing. 2.4 Adjustments shall be made as of Closing on an accrual basis. From and after Closing, the City shall be responsible for all expenses and shall be entitled to all revenues from the Arena Lands. The Donor shall be responsible for all expenses and entitled to all revenues from the Arena Lands for the period prior to Closing. 2.5 If the final cost or amount of an item which is to be adjusted cannot be determined at Closing, then an initial adjustment for such item shall be made at Closing, such amount tb be estimated by the Parties hereto acting reasonably as of the Closing Date on the basis of the best evidence available at the Closing as to what the final cost or amount of such item will be. In each case when such cost or amount is determined, the Donor or City, as the case may be, shall, within 30 days of determination, provide a complete statement thereof to the other and within 30 days thereafter the Parties shall make a final adjustment as of the Closing Date for the item in question. Notwithstanding the foregoing, all adjustments or revisions thereto must be requested within the twelve (12) month period following Closing, after which time neither Party shall have any right to request readjustments. 2.6 In the event there are realty tax appeals for the 2006 or 2007 calendar year(s), the Donor shall be entitled to continue such appeals and shall be entitled to receive any payments resulting therefrom provided all costs for such appeals are borne exclusively by the Donor. Similarly, if the applicable governmental authority reassesses the Arena Lands for the period prior to Closing, all supplementary or omitted tax bills relating to additional taxes relating to such reassessment shall be borne exclusively by the Donor and be paid forthwith to the appropriate taxing authority and the Donor agrees to indemnify and save the City harmless with respect thereto, which indemnity shall survive Closing. ARTICLE 3 DONOR'S DELIVERIES 3.1 The Donor shall deliver to the City: (a) within five (5) business days following execution of this Agreement, copies of all environmental tests and reports relevant to the Arena Lands that are in the possession or control of the Donor; within five (5) business days following execution of this Agreement, any survey of the Arena Lands in the Donor's possession; and from time to time prior to closing, copies of all additional tests, reports, documents and information of the type referred to in section (a), promptly after the Donor obtains possession or control of same. Donor makes no representations or warranties whatsoever, and expressly disclaims any representations and warranties, regarding the accuracy or completeness of any such materials or any of the information contained therein, and City acknowledges and agrees that City shall have no recourse whatsoever against the Donor or Donor's contractors or agents with respect to or in connection with any materials or information supplied by the Donor to City. If the Agreement is terminated, the City promptly shall return to the Donor the items delivered under section 3.1. ARTICLE 4 ACKNOWLEDGEMENTS 4.1 The Parties hereto acknowledge and confirm that: (a) the Recitals are true and correct; (b) the Arena Lands have a fair market value of $415,156. The City agrees that it will deliver a letter from the City treasurer confirming the value of the donation of the Arena Lands in the form prescribed by the Income Tax Act of Canada to enable Donor to realize any tax benefits that may arise from the donation and transfer of the Arena Lands to the City. 5.1 The Donor represents and warrants to and in favour of the City that, as of the date hereof (unless otherwise specified) that: (a) the Donor is not, and will not be on the Closing Date, a non resident of Canada within the meaning of section 116 of the Income Tax Act (Canada); the Donor is a corporation validly subsisting under the laws of the Province of Ontario and has the corporate capacity and authority to own the Land and to enter into, execute and deliver this Agreement and complete the transaction contemplated hereby; and (c) the Land has not been ordinarily occupied by any officer, director or shareholder of the Donor or by any of their spouses as their family residence. (b) 6.1 The Donor covenants on or before Closing: (a) (b) to deliver vacant possession of the Arena Lands to the City on Closing; not to conduct any business activities on the Arena Lands save for testing, inspection and remediation work; and 6 ARTICLE 5 DONOR'S REPRESENTATIONS AND WARRANTIES c: Wocume- 1 tadllocals- 1ltemp1tmp751agreement with city- v2.tmp ARTICLE 6 DONOR'S COVENANTS 7 (c) not to enter into any lease or agreement to lease or license of the Arena Lands or any part or part hereof. (b) (b) c: \docume -1\ad \locals- 11temp\tmp751agreement with city- v2.tmp ARTICLE 7 CONDITIONS 7.1 The donation and conveyance of the Arena Lands to the City are subject to the following conditions unless waived by the City on or before the Condition Date: (a) On or before the Condition Date, the City is satisfied, in its sole, absolute and subjective discretion with the results of tests, audits, inspections and investigations performed pursuant to the Access Agreement, the results of any Risk Assessment, and of the City's search of title to the Arena Lands and the City's off -title due diligence; and On or before the Condition Date, a Record of Site Condition for the Arena Lands that permits the intended use as an arena development, certified by a Qualified Person pursuant to the requirements set out in Ontario Regulation 153/04 made under the EPA, has been filed in the Environmental Site Registry and acknowledged by the Director of the MOE. The City may, by notice in writing, notify the Donor that the foregoing conditions are satisfied or that it is waiving same. If no such notice is delivered on or before the Condition Date, the City will be deemed not to have satisfied itself and this Agreement shall thereupon terminate and be null and void and none of the Parties shall thereafter be liable to any other Party for any costs or damages suffered or incurred as a result of this Agreement or the termination thereof. 7.2 The conditions in Section 7.1 are inserted for the sole benefit of the City and may be waived by the City in whole or in part at its sole option at any time on or before the Condition Date. ARTICLE 8 CITY'S ACKNOWLEDGEMENTS 8.1 Subject to the teens and conditions of this Agreement, City acknowledges and confirms the following: (a) Subject to satisfaction of the conditions in Section 7.1, and having inspected the Arena Lands, examined the title thereto and conducted all such inspections and investigations as it deems necessary, it will accept a transfer and take ownership of the Arena Lands on an as -is, where -is basis as provided in this Agreement both as to the physical condition thereof and the title thereto; it will take title to the Arena Lands subject to the provisions of the Record of Site Condition delivered pursuant to Section 7.1(b) and the Certificate of Property Use; ARTICLE 10 CITY'S COVENANTS 10.1 The City covenants as follows: (a) following transfer of the land required for the Arena to it, to proceed expeditiously with the construction of an public arena and related facilities within five (5) years from the date of transfer, failing such commencement of construction within five (5) years, the Arena Lands shall be conveyed by the City to the then current owner of the remainder of the Land; and The City will cooperate with Donor and Tenant, take such lawful acts, and use reasonable commercial efforts to I) obtain receipt of GMF Funds for use in Remediation of the Land, 2) enter into such reasonable agreements, extensions and commitments satisfactory to the City Solicitor necessary to do so; 3) keep Donor and Tenant and apprised of the City's efforts to do so, and, 4) to the extent cAdocume -nadl locals- ntempltmp75\ agreement with city-v2.tmp 8 (c) for period of fifteen (15) years following the Closing, the Arena Lands may only be used for a sports arena and related facilities and title may be subject to a restrictive covenant to this effect; (d) Donor has not made and does not make any warranty or representation oral or written, express or implied, with respect (i) the nature, condition or status of the Arena Lands, including without limitation, the existence or non existence of any environmental condition on the Arena Lands, or the merchantability or fitness for a particular purpose of the Arena Lands, (ii) the nature and extent of any matter affecting title to the Arena Lands, including without limitation any easement, right -of -way, possession, lien, encumbrance, license, restriction or reservation affecting, burdening or benefiting the Arena Lands, (iii) the compliance of the Arena Lands with any laws, ordinances, rules or regulations of any governmental or other body, including without limitation any laws, ordinances, rules, or regulations relating to (a) the environment or the impairment thereof or (b) zoning or land use matters, (c) leases or other agreements, written or oral, regarding the use, occupancy or possession of the Arena Lands or any portion thereof, other than the Lease, (d) the manner, quality, state of repair or lack of repair of the Arena Lands or (vii) any other matters with respect to the Arena Lands; and (e) Donor shall have no liability or obligation to the City with respect to the value, state, or condition of the Arena Lands, environmental or otherwise, whether or not it is within the knowledge or imputed knowledge of Donor, its officers, directors, employees, agents or contractors. ARTICLE 9 CITY'S REPRESENTATIONS AND WARRANTIES 9.1 The City hereby represents and warrants to and in favour of the Donor that, as of the date hereof and as of Closing, it has all necessary right, power and authority to enter into, execute and deliver this Agreement and to complete the transaction contemplated hereby, all of which has been authorized and approved by all necessary action on the part of the City. (b) 9 GMF Funds are received by the City, distribute GMF Funds to the eligible party or parties as contemplated in the Proposal and in conformity with the terms, conditions and guidelines as specified by FCM from time to time. ARTICLE 11— TENANT'S REPRESENTATIONS AND WARRANTIES 11.1 The Tenant represents and warrants as follows: (a) The Tenant has all necessary right, power, and authority to enter into, execute and deliver this Agreement and to perform its obligations hereunder: The entry into, execution and delivery of this Agreement and the performance by the Tenant of its obligations hereunder has been duly authorized and approved by all necessary action on the part of the Tenant; and (b) The Lease is in good standing and neither the Donor nor the Tenant is in default thereof, Tenant has the full power and authority to surrender the Lease as against the Arena Lands, Tenant has not done any act whereby any part of its right, title, and interest as tenant under the Lease, in the premises demised by the Lease, and the unexpired residue of the term of the Lease is, has been, or may be in any way assigned, transferred, charged, encumbered or otherwise disposed of in whole or in part. c:Wocum®- I\adllocals —t templtmp75\agreement with city-v2.tmp ARTICLE 12 TENANT'S COVENANTS 12.1 Tenant covenants and agrees that: (a) immediately upon the execution of this Agreement by all of the Parties hereto, the option to purchase the Arena Lands contained in the Lease shall and does hereby terminate and be at an end; (b) immediately upon the transfer of the Arena Lands to the City, the Lease shall terminate and be at an end with respect to the Arena Lands and Tenant will forthwith surrender possession of the Arena Lands; (c) Tenant will execute all such documentation as Donor or City may reasonably require to evidence such terminations; and (d) Within thirty (30) days following Closing, Tenant shall erect and maintain fencing on the Land adjacent to the Arena Lands adequate to prevent the entry of trespassers and the general public onto the remainder of the Land from the Arena Lands. (c) c:M ocume -1 adUocals- tltemp\tmp75\agreement with city- v2.tmp 10 ARTICLE 13 COVENANTS OF TENANT CONCERNING THE REMEDIATION OF LANDS 13.1 Tenant covenants and agrees that: (a) Tenant will cooperate with Donor and the City, take such lawful acts, and use reasonable commercial efforts: 1) to ensure the receipt of GMF Funds to pay for eligible costs incurred for the Remediation of Existing Environmental Conditions; 2) to enter into such agreements, extensions and commitments necessary to do so; and, 3) provided that the Tenant has secured commercially viable proposals for the development of the Land or portions thereof, to take such steps and to enter into such agreements to develop the remainder of the Land; (b) Following Closing, and only to the extent GMF Funds become available to Tenant for such purposes, Tenant shall use the GMF Funds to pay for Remediation of Existing Environmental Conditions (for the avoidance of doubt, Tenant makes no assumption of liability herein for Remediation beyond that which is funded by the GMF Funds); When performing the Remediation, Tenant shall use the lowest -cost methods permitted under governmental requirements to render the Land suitable for community use, commercial use or industrial use and shall: (i) undertake no action with respect to the Remediation without the prior written consent of the Donor; (ii) jointly engage an environmental consulting firm selected by Donor to assist Tenant in conducting the Remediation; (iii) notify Donor of all Remediation activities and afford Donor the opportunity to participate in all decisions relating to the scope and performance of the Remediation; and (iv) permit Donor or its representative to observe Remediation activities. ARTICLE 14 CLOSING CONDITIONS 14.1 This Agreement is subject to the following conditions to be satisfied on or before the Closing Date: (a) The Agreement shall be effective to create an interest in the Land only if the subdivision control provisions of the Planning Act R.S.O. 1990, are complied with by Donor on or before closing. Donor covenants to proceed promptly and diligently at its own expense to obtain any consents or other approvals necessary to comply with section 50 of the Planning Act on or before closing including, without limitation, the satisfaction at its own expense of any conditions imposed with respect thereto. Donor shall keep the City fully informed with respect to Donor's progress in obtaining any required consent or approval. (b) the subject matter of the representations and warranties set out in section 5.1 and Article 9 hereof being accurate in every respect at all times prior to Closing with the same force and effect as if made at and as of the time of Closing; (c) compliance by the Donor with the covenants set out in section 6.1 hereof; (d) the Donor will have delivered the instruments listed in sectionl6.3; (e) the Tenant will have delivered the instruments listed in section 16.5; (f) no material adverse change shall have occurred with respect to the Arena Lands, including its physical or environmental condition, or any charge, lien or other encumbrance shall have been registered against or otherwise affect the Arena Lands between the date of this Agreement and the Closing Date. The conditions set out in subsections (b) through (f) are inserted for the benefit of the City and may be waived by it by notice in writing to the Donor. Failing such waiver or satisfaction of these conditions on or before the Closing Date, the Agreement shall be null and void. c:ldocume- 1tadMocals —l\temp tmp7Sagreement with city- v2.tmp ARTICLE 15 RELEASE 15.1 The City fully releases the Cytec Parties, said release to become automatically effective at the Closing without the necessity of any further documentation, from any and all Liabilities arising from or in any way related to the Arena Lands. ARTICLE 16 CLOSING 16.1 The within transaction shall be completed on the Closing Date. 16.2 The Closing will be completed not later than 4:00 p.m. (local time) on Closing. Closing will take place at the offices of the Donor's solicitors or at such other place as the Parties may mutually agree. 16.3 On the Closing, the Donor shall deliver to the City the following: (a) a duly executed, registerable transfer /deed transferring the Arena Lands to the City in accordance with this Agreement; (b) a certificate pursuant to section 116 of the Income Tax Act confirming that the Donor is not a non resident of Canada; (c) a certificate as to the truth and accuracy of the representations of Donor and confirming that the Arena Lands does not constitute all or substantially all of the assets of the Donor or, if it does, confirming that the shareholders of the Donor have approved the sale as evidenced by a resolution appended thereto; (d) an undertaking to readjust all Adjustments as necessary in accordance with Section 2.5; (f) a certificate and indemnity relating to the Construction Lien Act in form and content satisfactory to the City; a surrender of the Lease in respect to the Arena Lands executed by the Donor in a form satisfactory to the City's Solicitor, acting reasonably; and (h) any instruments, reports or other documents affecting the Arena Lands in the possession of the Donor and any other documentation relative to the completion of the transactions contemplated herein as may reasonably be required by the City to transfer title to the Arena Lands to the City. 16.4 On Closing, the City shall deliver to the Donor the following: (a) an undertaking to readjust all Adjustments as necessary in accordance with Section 2.5; and g) (b) 16.5 On Closing, the Tenant shall deliver to the City the following; (a) a certificate as to the truth and accuracy of the representations and warranties of the Tenant; (b) a surrender of the Lease executed by the Tenant in respect of the Arena Lands in a form satisfactory to the City's Solicitor, acting reasonably; and a release and quit claim in favour of the City in a form satisfactory to the City solicitor. ARTICLE 17 GOODS AND SERVICES TAX (c) cAdocmme --nsd \locals- lkempkmp754agreement with city- v2.tmp 12- the statutory declaration in accordance with section 17.1. 17.1 The City shall pay the federal goods and services tax "GST if any, which is exigible with respect to the within transaction under the Excise Tax Act (Canada) (the "Act The City shall be permitted to self assess the payment of GST and accordingly shall not be required to make any payment on account of GST to the Donor on Closing. The City shall deliver to the Donor, on or before Closing, a statutory declaration of a senior officer of the City declaring that the City is a registrant for GST purposes under the Act and that it is entitled to self assess the payment of the GST in accordance with the Act. Such declaration shall set out the City's GST registration number. (i) 13 ARTICLE 18 MISCELLANEOUS 18.1 The transfer /deed, save for the land transfer tax affidavit, shall be prepared in registerable form by the Donor at its own expense. 18.2 If electronic registration of documents at the applicable Land Registry Office is mandatory on the Closing Date, or is optional and is requested by the City, the following terms shall form part of this Agreement: (a) The Donor, City and Tenant shall be obliged to each retain a lawyer in good standing with the Law Society of Upper Canada to represent them in connection with the completion of this transaction, and shall each authorize and instruct such lawyer to enter into an escrow closing agreement in the form mandated by the Law Society of Upper Canada, subject to such reasonable amendments a such lawyers or the circumstances of the subject transaction may require, establishing the procedures and timing for completion of the transaction contemplated by this Agreement (the "Document Registration Agreement (b) The delivery and exchange of documents and funds and the release thereof to the Donor and City, as the case may be: shall not occur contemporaneously with the registration of the Transfer/Deed; and (ii) shall be governed by the Document Registration Agreement, pursuant to which the lawyer receiving the documents and/or funds will be required to hold the same in escrow, and will not be entitled to release the same except in accordance with the provisions of the Document Registration Agreement. 18.3 On Closing, City shall be credited towards the Purchase Price with the amount, if any, necessary for City to pay to the Canada Revenue Agency to satisfy City's liability in respect of tax payable by Donor under the non- residency provisions of the Income Tax act by reason of this sale. City shall not claim such credit if Donor delivers on closing the prescribed certificate or a statutory declaration that the Donor is not then a non- resident of Canada. 18.4 Time shall in all respects be of the essence of the Agreement, provided that the time for doing or completing of any matter may be extended or abridged by an agreement in writing signed by the Donor and the City or by their respective solicitors who are hereby expressly authorized in this regard. 18.5 The provisions of Articles 5, 8, 9, 11, 13 and 15 shall not merge on Closing but shall survive and continue in full force and effect. c:ldocume -1 lad \locals- lltempltmp75tagreement with city- v2.tmp 14 18.6 If, prior to Closing, the Donor receives any notice of any proposed or pending action to take, by expropriation or condemnation of any part of the Land, Donor shall immediately notify City of such fact "Donor's Notice The Donor's Notice shall specify any taking of any portion of the Land. If the taking materially and adversely affects the value of the Land and/or City's intended use and/or development of the Land, then City shall thereupon have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Donor given not later than five (5) business days after receipt of Donor's Notice describing the extent and nature of the proposed taking. If this Agreement is terminated there shall be returned documents delivered by any party to the other or to any other party and none of the parties shall have any further rights or obligations hereunder. If City does not exercise this option to terminate this Agreement, no other party shall have the right to terminate this Agreement as a result of the foregoing, but the Donor shall assign and turn over, and the City shall be entitled to receive and keep, all awards and rights thereto for the taking by eminent domain which accrue to Donor and the parties shall proceed to the Closing pursuant to the terms hereof, without modification of the terms of this Agreement. Unless or until this Agreement is terminated, Donor shall take no action with respect to any expropriation proceeding without the prior written consent of City, which consent shall not be unreasonably withheld. 18.7 Any tender of documents or money hereunder may be made upon the Donor or City or their respective solicitors on the Closing Date. Money may be tendered by cash, certified cheque or money order of a Canadian chartered bank or Canadian trust company or a bank draft of a Canadian chartered bank. 18.8 The Arena Lands shall remain at the risk and for the benefit of the Donor pending Closing. Should loss or damage occur, the City may, at its option, agree to complete the conveyance of the Arena Lands to it or terminate this Agreement. Upon written notice of termination of this Agreement by the City, the Agreement shall terminate and be null and void and none of the Parties thereafter shall be liable to any other Party for any costs or damages suffered or incurred as a result of this Agreement or the termination thereof. 18.9 In the Agreement, words importing the singular include the plural and vice- versa, words importing gender include all genders and words importing persons include corporations and vice versa. 18.10 Any reference to a section or schedule in the Agreement shall be deemed a reference to the applicable section or schedule contained in this Agreement and to no other agreement or document unless specific reference is made to such other agreement or document. 18.11 Any reference to a statute in the Agreement includes a reference to all regulations made pursuant to such statute, all amendments made to such statute and regulations in force from time to time and to any statute or regulation which may be passed and which has the effect of supplementing or superseding such statute or regulations. c:ldocwne— llsdllocals —lUemp tmp751agreement with city- v2.tmp Telecopier: 973.357.3058 c:ldocume- 1 \ad1locals -•1 \temp \tmp75tagreement with city- v2.tmp 15 18.12 The Agreement shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. Each of the parties irrevocably attorns to the jurisdiction of the courts of the Province of Ontario. 18.13 Unless otherwise expressly provided, all dollar amounts referred to in the Agreement are stated and shall be paid in Canadian currency. 18.14 The Agreement has been negotiated and approved by the parties and, notwithstanding any rule or maxim of law or construction to the contrary, any ambiguity or uncertainty will not be construed against eitherof the parties by reason of the authorship of any of the provisions of the Agreement. 18.15 The Land shall be and remain at the Donor's risk until closing. The Donor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their respective interest may appear pending closing. 18.16 Any notice or other communication required or permitted to be given by the Agreement shall be in writing and shall be effectively given if: (1) delivered personally; (ii) sent by prepaid courier service; or (iii) sent by prepaid telecopier, telex or other similar means of electronic communication. in the case of notice to: the Donor, at: Cytec Canada Inc. c% Cytec Industries Inc. 5 Garret Mountain Plaza Garret Mountain, New Jersey 07424 U.S.A. Attention: Corporate Secretary with a copy to: Davis Company LLP Barristers and Solicitors 1 First Canadian Place, Suite 5600 P.O. Box 367, 100 King Street West Toronto, Ontario M5X 1E2 Attention: Richard R. Neville Telecopier: 416.777.7422 the City, at: City of Niagara Falls Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Ken Beaman, Assistant City Solicitor, Telecopier: 905.371.2892 with a copy to: McLean Kerr LLP Barristers Solicitors Suite 2800 130 Adelaide Street West Toronto, Ontario M5H 3P5 16 Attenion: P. Todd Davidson Telecopier: 416.366.8571 cadocume -toad \locals- lltemp\tmp75tagreement with city- v2.tmp the Tenant, at: 17 c/o Daniel Partners LLP Barristers Solicitors P.O. Box 24022 39 Queen Street St. Catharines, Ontario L2R 7P7 Attention: Donald C. DeLorenzo Telecopier: 905.688.5747 or at such other address as the party to whom such notice or other communication is to be given shall have advised the party giving same in the manner provided in this section. Any notice or other communication delivered personally or by prepaid courier service shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such day is not a business day such notice or other communication shall be deemed to have been given and received on the next following business day. Any notice or other communication transmitted by telecopier, telex or other similar form of an electronic communication shall be deemed given and received on the day of its transmission provided that such transmission is completed before 5:00 p.m on a business day, failing which such notice or other communication shall be deemed to have been given and received on the first business day after its transmission. 18.17 The parties represent and warrant that they have had no dealings with any real estate broker or agents in connection with the negotiation of this Agreement. Each party agrees to indemnify and hold the other harmless from any cost, expense or liability arising from a breach of this representation and warranty. 18.18 The Agreement shall be binding upon and enure to be benefit of the parties hereto and their respective successors and assigns. 18.19 The Agreement may be executed in any number of counterparts and by different parties in separate counterparts and each of such counterparts shall be deemed to be an original document and such counterparts, taken together, shall constitute one and the same document. 18.20 To evidence the fact that it has executed the Agreement, any party may send a copy of its executed counterpart to all other parties by facsimile transmission. Such party shall be deemed to have executed and delivered the Agreement on the date it sent such facsimile transmission. An original executed copy of the Agreement shall be forwarded to the other parties hereto forthwith after the facsimile copy is transmitted. c: ldocume- Ilad \Iocals- lltempltmp751agreement with city- v2.tmp 18.21 The Agreement with the Access Agreement constitute the entire agreement between the parties hereto with respect to the Arena Lands. The Donor and City acknowledge that there is no representation, warranty, collateral agreement or condition affecting the Agreement other than as expressed herein in writing. IN WITNESS WHEREOF each of the Parties, has duly executed this Agreement. CYTEC CANADA INC. Per: Name: TN*, NFasvd Title: Truaisi htrr Name: Title: I/We have authority to bind the corporation. FALLS COMMUNITY DEVELOPMENT INC. Per: Name: Title. Name: Title: I/We have authority to bind the corporation. aldocume— PauAloaals- ikempttmp7S‘igreemert with c '-vygnp 18 THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: Clerk UWe have authority to bind the corporation. Parcel 1(PIN 64269 -0127) SCHEDULE "A" LAND Part Township Lot 59, Stamford designated as Parts 3, 4 5 on Plan 59R -3255 (Surface Rights Only); Part Township Lot 74, Stamford designated as Parts 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20 21, Plan 59R -3255 (Surface Rights Only); Part Township Lot 76, Stamford as in RO696084 (Parcel 2); Part of the Road Allowance between Lots 73 and 74, Stamford (as closed by unregistered by -law #2) designated as Part 18 on Plan 59R -3255 Elevation as in RO694052; Part of the Road Allowance between Lots 74 and 76, Stamford (as closed by By -Law ST19864) designated as Part 3 on Plan 59R -8858 S/T RO694052, RO359853 RO361764; Niagara Falls. Parcel2 (PIN 64269 -0131) Part Township Lot 59, Stamford, designated as Part 1 on Plan 59R -8858; Part Township Lot 74, Stamford, designated as Parts 1 2 Plan 59R -8858; Part Township Lot 76, Stamford, designated as Part 2 Plan 59R -8858; Part of the Road Allowance between Lots 74 76, Stamford (as closed by By -Law ST16882) S/T RO696084 S/T RO556446E Niagara Falls c:l docume- 11at hlocals- 15temp\tmp75\agreement with city- v2.tmp c: ldocmne- 1 adVocals- 11temp1tmp7s\agreement with city- v2.tmp SCHEDULE "B" ARENA LANDS Part of PIN 64269 0131 (LT) Part of Township Lot 76, Stamford designated as Parts 1, 2, 3, 4, 5, 6, 7 and 8 on Reference Plan 59R -13210 City of Niagara Falls, Regional Municipality of Niagara. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19' day of March, 2007. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 19 day of March, 2007 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this nineteenth day of March, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 19, 2007. March 19, 2007. March 19, 2007.