The URL can be used to link to this page

2007/09/24COUNCIL MEETING Monday, September 24, 2007 Order of Business and Agenda Package The City of Niagara Falls Canada Downtown COUNCIL MEETING September 24, 2007 PRAYER: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of September 10, 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. Niagara Coalition Against TILMA Niagara Military Museum DEPUTATIONS/ PRESENTATIONS "Understand the Question" Provincial Referendum Judy Insley, Referendum Resource Officer for the electoral district of Niagara Falls will make a presentation to Council on the October 10 Provincial Election Referendum. Mr. Saleh Waziruddin, member of the Niagara Health Coalition and Fiona McMurran, member of N -Cast and Chair of the Council of Canadians (Niagara) will make a presentation regarding TILMA (Trade, Investment and Labour Mobility Agreement). Gary Beck will make a presentation to Council on the business plan for the Niagara Falls Armoury. Ulrike Gross and Paul Sottile of the Downtown BIA will present a proposed new direction for revitalization. PLANNING MATTERS PUBLIC MEETINGS Public Meeting AM- 38/2006, Official Plan Zoning By -law Amendment Application Thundering Waters Village 6000 Marineland Parkway /Drummond Road (East Side) Owner: Fallsview Golf Inc. Proposed Residential Development (Singles, Townhouses, Apartment) Background Material: Recommendation Report: PD- 2007 -78 -and- Correspondence from Loretta Miljanic Correspondence from Rick Tabaka Correspondence from Meredith Burbidge and Michael Zeoli Correspondence from Carlo Robazza Correspondence from Larry Monaghan Correspondence from Tracey Monaghan Correspondence from John Kempt Correspondence from Niagara Region Planning Development Correspondence from Niagara Peninsula Conservation Authority Public Meeting 26CD -11- 2007 -04, Draft Plan of Vacant Land Condominium 2700 Mewburn Road (South of Mountain Road) Owner: Klein Building Company Limited Background Material: Recommendation Report: PD- 2007 -80 -and- Correspondence from Regional Niagara Planning Development Correspondence from Hydro One Networks Inc. Correspondence from Niagara District School Board Public Meeting 26CD -11- 2007 -02, Draft Plan of Vacant Land Condominium Royal Manor Apartments 7014 Royal Manor Drive 5521 5541 Dorchester Road Owner: 1194118 Ontario Inc (Rob Mills) Background Material: Recommendation Report: PD- 2007 -79 3 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Canadian Cancer Society- requesting that October be proclaimed as Breast Cancer Awareness Month. RECOMMENDATION: For the approval of Council. 2. Niagara Falls Public Library requesting that October be proclaimed as Library Month in Niagara Falls. RECOMMENDATION: For the approval of Council. 3. CUPE Ontario /Ontario Coalition for Better Child Care (OCBCC) requesting that October 24, 2007 be proclaimed as Child Care Worker Early Childhood Educator Appreciation Day. RECOMMENDATION: For the approval of Council. 4. Fire Prevention Week requesting that October 7 13 2007 be proclaimed as Fire Prevention Week and October 13, 2007 be proclaimed as Fire Service Recognition Day. RECOMMENDATION: For the approval of Council 4 5. Guy Fawkes Day request for use of pyrotechnic fireworks display at "Bonfire Night 7857 Beaverdams Road, on November 5 to 8 2007. RECOMMENDATION: For the consideration of Council 6. Chemical Spraying of Private Property request by Lori D'Ascenzo for a by -law prohibiting chemical spraying on private properties. RECOMMENDATION: Refer to staff and the Park in the City Committee. 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 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. F- 2007 -34 Municipal Performance Measures L- 2007 -39 Condominium Conversion, East Side of Valley Way, North of Willmott Street (File No. 2007 -173) L- 2007 -44 Pilon Encroachment Agreement with the City, 4077 Hickson Street (File No. 2007 -284) MW- 2007 -111 MOE Drinking Water Quality Management Standard Implementation Strategy for the City of Niagara Falls MW- 2007 -113 Dorchester Road and Thorold Stone Road Monroe Plaza Encroachment Agreement and Sign Relocation MW- 2007 -116 Supply and Installation of Pay and Display Machines Replacement Program Year 5 R- 2007 -24 2007 Arts Culture Wall of Fame Inductees R- 2007 -25 Tender T12 -2007, Site Cleaning and Sub Surface Work, Niagara Falls 4 Pad Arena Complex (HANDOUT) 2007 -186 2007 -188 2007 -189 2007 -190 5 SALE OF LANDS BY -LAW His Worship Ted Salci will request whether there is anyone present that has an interest respecting the by -law. A by -law to authorize the execution of an Agreement of Purchase and Sale with Grand Niagara Resorts Inc. respecting the purchase of lands being part of Grassy Brook Road and Crowland Road; in the City of Niagara Falls, in the Regional Municipality of Niagara BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -187 A by -law to authorize the execution of a Development Agreement with 1578891 Ontario Ltd. respecting Stanley Avenue Development, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development A by -law to authorize the execution of an Encroachment Agreement, dated August 3, 2007, between Betty Pilon and Gerry Pilon, in trust and The Corporation of the City of Niagara Falls for the purpose of permitting an encroachment onto a City road allowance A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections, Prohibited Turns) Pitton Lynhurst A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Parking Meters General Regulations, Parking Prohibited Specified Places, Without Signs) 6 2007 -191 A by -law to amend By -law 2007 -37, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2007 -192 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24 day of September, 2007 NEW BUSINESS (8/20/2007) Dean Iorfida Referendum Question'? Page 1 From: judy insley <judy_insley @yahoo.ca> To: <diorfida @niagarafalls.ca> Date: 8/20/2007 1:03 PM Subject: Referendum Question? This confirms our presentation date of Sept 24th 7pm to City Council. In preparation for Ontario's Oct.lOth 2007 referendum on electoral reform, Elections Ontario launched its referendum public education campaign. The "Understand the Question" is designed to ensure that Ontario's 8.5 million registered voters are aware that the referendum is taking place and feel adequately informed to make a decision when it comes time to mark their referendum ballots this fall. At the same time as the general provincial election on Oct. 10, Ontario voters will also receive a referendum ballot to choose whether to continue the current electoral system,known as First Past the -Post or adopt the Mixed Member Proportional electoral system proposed by the Citizens' Assembly. This marks the first time since 1792 that electors are being asked to change the way that Ontario's provincial representatives are elected. Our mandate is to ensure that Ontario voters are not only aware that a referendum is occurring on October 10, but believe they are adequately prepared to make an informed decision based on their individual consideration and priorities. "Understand the Question" Campaign Elements The Elections Ontario referendum public education website www.yourbigdecision.ca provides voters with impartial tools to define and understand both the First Past the -Post and the Mix Member Proportional electoral systems and to asses these systems against individual voter priorities and consideration. Voters may also register their email addresses for information updates. A public toll free information telephone line 1- 888- ONTVOTE(1- 888 668 -8683) is available. A Face Book profile provides another channel through email address: info @yourbigdecision.ca Over 100 Resource Officers have been hired to deliver local community information sessions through the province. Your Referendum Resource Officer for the electoral district of Niagara Falls is Judy Insley. I can be reached at 289 868 -9242 my email is judy_insley @yahoo.ca Dean Iorfida Delegation Presentation to Council From: "Marie Belliveau" <weemb @sympatico.ca> To: <diorfida @niagarafalls.ca> Date: 9/6/2007 8:45 AM Subject: Delegation Presentation to Council To: Dean lorfida, City Clerk for Niagara Falls Yours Sincerely, Marie L. Belliveau weembAsym@atico.ca 905 704 -0189 905 324 -5693 Page 1 of 1 I am writing this letter of request to schedule the Niagara Coalition Against TILMA SPP (N- CAST) to present before Niagara Falls Mayor and City Council on September 24, 2007 to discuss the Trade, Investment and Labour Mobility Agreement (TILMA) and to present a resolution on the same to the Mayor and Council. Our delegation will be introduced by: Saleh Waziruddin 4457 Ferguson Ave. Niagara Falls L2E 2Y3 289 257 -9187 Mr. Wazruddin is also the person to contact regarding this presentation. The presentation will highlight some of the aspects of the TILMA agreement to Council, of which I am sure will they be familiar and it is the wish of N -CAST to help inform the Mayor and Councillors further on the ramification of this agreement. N -CAST has an information package to give the Mayor and the Councillors and once we are informed that we are on the schedule we will provide the City Clerk's office with this information by the approved deadline. N -CAST presented before the St. Catharines Mayor and Council on August 27, 2007, the report was accepted and the resolution was adopted unanimously by that Council. Thank you for your consideration of this request. If you have any questions you may contact Mr. Wazruddin as above or you may contact myself at the address given below. file: /C:\Documents and Settings \di202 \Local Settings\ Temp\XPgrpwise \46DFBE45Domai... 9/6/2007 Resolution presented to the Region of Niagara Municipalities by the N -CAST (Niagara Coalition Against SPP (Security and Prosperity Partnership) and TILMA), regarding the Trade, Investment and Labour Mobility Agreement (TILMA) as proposed by Premier Mc Guinty (Ontario Liberal Party) and endorsed by the Ontario Progressive Conservative Party. This resolution was presented to and adopted by the St. Catharines City Council, August 27, 2007. WHEREAS TILMA would expose to challenge all government measures that "restrict or impair" trade, investment or labour mobility, unless such measures are specifically exempted from TILMA and has the potential to have far reaching negative impacts on municipal objectives; AND WHEREAS the Governments of British Columbia and Alberta have created and signed the Trade, Investment and Labour Mobility Agreement effective April 1, 2007 as Canada's most comprehensive internal trade agreement applying to all government measures such as legislation, regulations, standards, policies and guidelines that affect trade, investment and labour mobility; and has done so without appropriate consultation with the local governments and public of their respective provinces; AND WHERE AS the provinces of British Columbia (BC) and Alberta have invited the remaining provinces and territories of Canada to negotiate a TILMA agreement with them and the Premier of Ontario has spoken in favour of such negotiations without consultation with the Ontario legislature, local governments and the public; AND WHEREAS TILMA makes it possible for outside investors to impose substantial legal expenses on municipalities, and potentially overturn focal government contracts, bylaws and regulations (including but not limited to: land use, zoning, environmental bylaws, provincial and local school board regulations, union agreements and contracts and regulations) decided by local governments and organizations to meet the wishes, health and safety of their residents within the powers granted under the existing Ontario legislation. AND WHEREAS TILMA provides no protection for Agricultural Land Reserve, despite the inclusion of a section of the agreement where each province has opportunity to insert exceptions, exposing land use laws to taws governing agriculture land use in other provinces where a reserve may not exist; AND WHEREAS TILMA will not serve to remove the barriers to labour mobility that exist between provincial professional colleges and associations, that prevent the free movement of labour from one province to another with their provincial accreditations; AND WHEREAS a dispute resolution procedure, outside of the judicial system, permits individuals and business entities to challenge government measures and if successful be awarded monetary damages existing agreement allows up to $5 million for each successful challenge) unless the government eliminates or otherwise changed said measure to "conform" with TILMA; AND WHEREAS any challenge goes before an un- elected dispute panel whose rulings are based on the sole, narrow criteria of what is least restrictive to trade. AND WHEREAS when the challenge is to a municipal by -law, the municipality is not permitted to appear before the panel hearing to defend its position. 1 BE IT RESOLVED that the Premier of Ontario cease and desist from any further discussions or negotiations regarding the joining and or signing of any TILMA or any TILMA like, trade, investment and labour mobility agreement without direct consultation /debate with and discussion with the Ontario Parliament, with local governments and with the citizens of the Province of Ontario; 2 BE IT FURTHER RESOLVED that the Premier of Ontario of any governing party not enter into any TILMA like agreement between any /all provinces of Canada without full debate /consultation with the Ontario legislature, local government and the citizens of the Province of Ontario and that public hearings be held on TILMA in ALL municipalities of Ontario; BE IT FURTHER RESOLVED that on behalf of the member municipalities the Region of Niagara thoroughly assess implications of the TILMA on local government's latitude to formulate, apply and maintain community specific standards, regulations, initiatives, health and safety measures and advise member municipalities on or before January 2008; BE IT FURTHER RESOLVED that the Province of Ontario be requested not to enact legislation to impose TILMA procurement requirements on municipalities; BE IT FURTHER RESOLVED that if approval by the Ontario legislature, consultation and approval of local government and the public has been applied, that any TILMA would include a clause agreeing that any difference in standards be reconciled to the highest standard used in Canada; 1) That local governments and /or boards be ensured that they be allowed to represent themselves in partnership with the provincial panel member on the dispute panel for TILMA; THEREFORE BE IT FURTHER RESOLVED that the member municipalities of the Region of Niagara request that the government of Ontario enter into a clear, open debate revealing all of the potential ramifications TILMA or like agreement between any /all of the provinces of Canada, with the local governments and public of Ontario. Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 RECOMMENDATION: For the consideration of Council. Niagaraaalls CAN 1), TO: His Worship Mayor Ted Salci DATE: September 17, 2007 Members of Council RE: TILMA TILMA stands for Trade Investment and Labour Mobility Agreement. The issue has been a bit of a lighting rod for various groups, pro and con. An e -mail, and related correspondence, from the Clerk to Councillor Wing outlines the divergent opinion on the issue. Although staff is in favour of lifting trade restrictions between Provinces, we are in agreement with the aspects of the Niagara Coalition's resolution that calls on a full public process with open debate and consultation with municipalities before any legislation is passed. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Dean Iorfida Re: TILMA From: Dean Iorfida To: Janice Wing Date: 6/22/2007 3:43 PM Subject: Re: TILMA Janice: I did some Internet research. Not too surprisingly it is very difficult to find unbiased information, either way. Nonetheless, here's a couple of links. One pro, One con. http: /www.tilma.ca/ http: I /www.canadians.orgJDI /issues /TILMA /index.html Here's a link from a report prepared by the City staff in Vancouver from a municipal perspective: http1 /www. city.va ncouver. bc.ca /ctyclerk /cclerk/20070614 /documents /pe4_pdf Other articles/ editorials I found interesting: http:J[www.strai ht.com article- 87452Lppetite- for information -on- tilma- swells http: /www.cwf.ca /V2 /cnt /weu1006 9134.php Sincerely, Dean I think the intent of removing existing Provincial trade barriers is good. It seems that the language of the BC /Alberta pact may have gone too far, especially in light of the lack of public consultation. The effect on municipalities seems to be overstated. With regard to Ontario, Mr. McGuinty has made some comments about freer trade with Quebec, especially. Nothing appears to be formalized in any policy yet. Hopefully, there will be some discussion on the campaign trail come the fall. Let me know where you'd like to go from here. "Janice Wing" <janice_wing ©cogeco.ca> 6/21/2007 10:52 PM Hi Dean, Page 1 of 2 In regards to the Wed. June 20th presentation on TILMA (Trade, Investment and Labour Mobility Agreement) held at the Regional Council chambers, I understand no one from our Council attended (I would have been there had I not had to pick my daughter up from Queenston in the middle of the time scheduled). am advised that: "The city of St Catharines sent a staff person to gather information for their council." Would there be ay chance of convincing St. Catharines to share their info with us? This sounds like really critical stuff for us to be aware of, as I understand "there are clauses within the agreement which potentially could impact the ability of local governments to pass bylaws and regulate businesses within their local communities." file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \467BEE19Domai... 9/17/2007 Trade, Investment and Labour Mobility Agreement (TILMA) Official Website Between Page 1 of 2 h Columbia Albe ade, rive tr ent, and The Brit Mbout About TILMA TILMA Agreement TILMA and You TILMA and Municipalities TILMA Consultations Media Room Related Websites Contact Us http: /www.tilma.ca/ This is the official website for the Trade, Investment and Labour Mobility Agreement (TILMA) a partnership between the Government of British Columbia and the Government of Alberta. Overview On April 28, 2006, Alberta and British Columbia signed a groundbreaking agreement to remove barriers to trade, investment and labour mobility between the two provinces. The agreement creates the second largest economic region in Canada. The agreement builds upon the prosperity in both provinces by giving businesses and workers seamless access to a larger range of opportunities in all areas, including: energy; transportation; agriculture; and investment It also enhances the ability of workers to move from one province to the other and streamlines business registration and reporting requirements. Feature Story: Alberta and B.C. break down barriers to create single large market April 28, 2006 Search: What's New 9/17/2007 Trade, Investment and Labour Mobility Agreement (TILMA) Official Website Between Page 2 of 2 BRITISH COLUMBIA The ESut Place oh E rLli What the Trade, Investment and Labour Mobility Agreement (TILMA) means to you This site provides information for workers, consumers, businesses, investors and local governments on what TILMA is and how it will effect them as it comes into force over the next two years: For general information, see About TILMA. For detailed information, see TILMA Agreement. For specific information related to your situation, see TILMA and You. Posted: March 2007 You have reached the official website of the TILMA Agreement. Copyright 2007 Government of BC Government of Alberta, Canada TILMA Home Contact Us 1 Search About TILMA 1 TILMA Agreement 1 TILMA and You TILMA and Municipalities 1 TILMA Consultations Media Room 1 Related Websites The user agrees to the terms and conditions set out in the Copyright and Disclaimer Statement Alberta Government http: /www.tilma.ca/ 9/17/2007 Trade, Investment and Labour Mobility Agreement (TILMA) HOME ABOUT US CAMPAIGNS MEDIA PUBLICATIONS CHAPTERS JOIN US FRANCAIS 1 Issues 1 Trade, Investment and Labour Mobility Agreement (TILMA) SECTIONS Deep Integration New Issues o SPP o TILMA o Atlantica Publications Media Take action Health Care Trade Water Energy Food Peace http://www.eanadians.org/DI/issues/TILMA/index.html Trade, Investment and Labour Mobility Agreement (TILMA) B.C. Alberta free trade pact puts investors first and the public last On April 1, 2007, a new free trade pact went into effect between Alberta and B.C. It's called the Trade, Investment and Labour Mobility Agreement (TILMA) and it will have a devastating effect on local democracy, public health and the environment. While currently confined to Western Canada, provincial governments in Ontario, Quebec, Saskatchewan and the Maritimes have all shown an interest in signing on. This makes TILMA a fight we have to wage locally, provincially and nationally. TILMA was signed by the premiers of Alberta and B.C., without public consultation or legislative debate, in April 2006. The agreement allows corporations and individuals to sue provincial governments for any provincial or municipal government measure they feel "restricts or impairs" their investment (i.e. their profits). Under TILMA, even measures designed to protect the environment and public health are vulnerable to attack from corporate lawsuits with compensation penalties as high as $5- million. PHOTO: Carleen Pickard, the Council of Canadian's BC regional organizer, along with Council chapter members from Whistler, Nanaimo and local activists who gathered on May 10, 2007 to leaflet the Lower Mainland Local Government Association delegates prior to voting on 4 TILMA resolutions. Page 1 of 2 FEATURES In this section: TILMA fact backgroun web links Local actio TILMA in tl [02- Aug -07] Saska BC- Alberta Trade Province Will Not Busting Open the chapters lead the B.C. Alberta trade Perspectives, Su mi Stop TILMA in On letter to Ontario P McGuinty in 5 Eas TILMA factsheet: i Ontario, TILMA an local democracy B.C. and Alberta: or local councillor TILMA TILMA factsheet: I about TILMA TILMA backgroun deal for Canada I Support ou join /don. Sign up for ema e- newsletter, mE 0 HTML 0 Ts Search our site: 9/17/2007 Trade, Investment and Labour Mobility Agreement (TILMA) Page 2 of 2 THE COUNCIL, CON i" IL. OF C fM F.Fp9At49 rft S CA't E&45 Not only was TILMA not debated by either provincial legislature, but municipalitie governments weren't even consulted before it was signed. In fact, cities and towr Alberta are just now coming to realize how much democratic control they will Ios( many are fighting to have municipal government action exempt from the agreemf broad reach. We know that other provinces have shown an interest in signing TILMA. We kno■ federal budget plugged the agreement by name and that Industry Minister Maxirr inspiration for a renewed push to harmonize provincial regulations across Canad beyond. Some U.S. states have shown an interest in also signing TILMA, which 1 massive deregulation in Canada, as we harmonize policies with the U.S. Seen in that light, TILMA becomes an issue of democracy and of deep integratio States. Opposition to the far reaching free trade pact continues to grow thanks to intens( chapter activists in B.C., Alberta, Saskatchewan and Ontario. One enormously si been to speak with municipal governments directly about the dangers of TILMA. and B.C. have also targeted their MLAs to demand the provincial governments to Check out any of the resources below for more information about TILMA and hov locally, provincially and nationaly. Features TILMA factsheet: Facing the Facts about TILMA, February 2007 Contact your local mayor or city council download and give to your k Courting TILMA: U.S. investors eye Alberta and B.C.'s interprovincis Canadian Perspectives, Spring 2007 TILMA backgrounder: Another bad deal for Canada It's time to kill 1 Investment and Labour Mobility Agreement January 2007 Also in this section TILMA factsheets, backgrounders and web links Local action TILMA in the news Facebook rr' del.icio.us Digglt Reddit updated Si home I contact I privacy I site map I events I frangais 700 -170 Laurier Avenue West Ottawa, ON, KIP 5V5 CA; Tel: (613) 233 -2773; 1- 800 387 -7177 Fax: (613) 233 -6776; inquiries @canadians.org; The Council of Canadians, 2006 http: /www.canadians.org /DI/issues /TILMA/index.html 9/17/2007 CITY OF VANCOUVER ADMINISTRATIVE REPORT Supports Item No. 4 PaE Committee Agenda June 14, 2007 Report Date: May 14, 2007 Author: Karen Levitt Phone No.: 604.873.7251 RTS No.: 6751 VanRIMS No.: 01- 5500 -10 Meeting Date: June 14, 2007 TO: Standing Committee on Planning and Environment FROM: General Manager of Corporate Services SUBJECT: BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) RECOMMENDATION THAT Council support and participate as appropriate in the involvement of the Union of BC Municipalities in the negotiations over the next two years that relate to how British Columbia municipalities will be affected by the BC- Alberta Trade, Investment and Labour Mobility Agreement. CITY MANAGER'S COMMENTS When the BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) is fully implemented in April 2009, it will apply to BC and Alberta municipalities. While there has been much speculation about what the impacts of the TILMA will be, negotiations concerning municipalities are still underway. To the extent the TILMA contributes to a stronger local economy, this will be positive for the City, although it will not result in significant new municipal revenues. The negative implications of this Agreement may involve potential restrictions on City Council's powers of local autonomy, and /or increased administrative costs associated with complying to the TILMA, which are both elaborated on in this report. It is critical that the City take an active role in the negotiations between now and April 2009, which will determine how BC municipalities are subject to the TILMA. This is best done through the Union of BC Municipalities, who has been asked to appoint a representative to take part in these negotiations. BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) 2 While there is no legislation currently in place that will require the City to comply with the TILMA, staff will continue to monitor the negotiations and assess what actions the City need take with respect to the TILMA, and report back to Council as appropriate. COUNCIL POLICY There is no applicable Council policy. PURPOSE This report is provided to Council in response to the January 16, 2007 request that staff look into the implications of the BC- Alberta Trade, Investment and Labour Mobility Agreement for the City of Vancouver. This report does not address the question of whether the TILMA is on the whole beneficial or not for British Columbia, Alberta and /or other municipalities. Rather, it looks at the TILMA from the City of Vancouver's point of view, addressing the following two questions: Will the City of Vancouver benefit directly or indirectly from the TILMA? Will the TILMA have negative impacts on /implications for the City? BACKGROUND In April 2006, the BC and Alberta provincial governments signed the BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA), which came into effect on April 1, 2007. The TILMA is a comprehensive free trade agreement between Alberta and British Columbia, that expands on the existing Agreement on Internal Trade (AIT). The AIT is an intergovernmental trade agreement that was signed by the federal, provincial, Northwest Territories and Yukon governments in 1994. There is no legislation in place that requires the City of Vancouver to comply with the AIT. The TILMA is intended to harmonise government measures that affect trade, investment and labour mobility. One key goal of the Agreement is that standards and regulations be mutually recognised and /or reconciled in order to alleviate restrictions on trade, investment or labour mobility. Another is that government bodies in each province do not discriminate unfairly against businesses or individuals from the other province in their procurement and other activities. BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) 3 DISCUSSION HOW THE TILMA COULD AFFECT THE CITY OF VANCOUVER As of April 1, 2007, the Agreement came into effect for the signatories. As of April 1, 2009, municipalities will also be included in the TILMA. In the coming two years, termed the "transition period," BC and Alberta are to negotiate any special provisions, exclusions or transitional measures to determine the extent of the coverage of the Agreement regarding municipalities. According to the Agreement, during this transition period, municipalities may not adopt any measures that would be inconsistent with the TILMA, or amend or renew any measure in a manner that would decrease its consistency with the TILMA. (Noting that there is no legislation in place at this time that requires the City of Vancouver to comply to TILMA.) While there was no formal consultation with BC municipalities during the development of the Agreement, the BC Minister of Economic Development has recently invited the UBCM to nominate a representative to participate in negotiations related to the TILMA, going forward. THE PUBLIC POLICY DEBATE AROUND THE TILMA There has been a vigorous policy debate about the impacts of the TILMA among the various stakeholders. Some of the commentators have come out against the TILMA, such as the Canadian Action Party, CUPE BC, the Canadian Centre for Policy Alternatives, the Council of Canadians, the BC Official Opposition Critics for Local Government and for Economic Development. Others, such as the Conference Board of Canada and the Canada West Foundation, support the Agreement. While there is a large and growing body of commentary on the TILMA, there are only a few publications that specifically address how the TILMA might affect BC municipalities. Both the City of Burnaby and the City of Saskatoon have published reports which discuss the potential negative impacts of the TILMA on their organisations. Appendix A contains a list of publications about the TILMA, noting that there have been an abundance of articles in the press about the TILMA, that have not been listed here. Since the TILMA is new and not yet implemented, much of what has been written about it is relatively speculative. This is especially true of the discussion of how the TILMA will ultimately affect local governments, as negotiations pertaining to them are still underway. KEY ELEMENTS OF THE TILMA The following is an overview of the TILMA elements that are most relevant to local governments. Much of the information in this section is taken from www.tilma.ca. MEASURES NOT RESTRICTIVE: The TILMA requires municipalities to ensure their measures do not restrict /impair trade, investment or labour mobility. In this context, BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) 4 a "measure" can refer to any legislation, regulation, standard, directive, requirement, guideline, program, policy or administrative practice or procedure. NON DISCRIMINATION: The City is obliged to give the highest level of consideration to all like, directly competitive, or substitutable goods; persons; services and investors or investments STANDARDS AND REGULATIONS: Existing standards and regulations must be mutually recognised and /or reconciled to remove differences between the provinces. The Agreement provides an incentive for reconciliation at the lower of the two standards in question. LEGITIMATE OBJECTIVES: The Agreement allows for municipalities to adopt measures that may impair trade, investment or labour mobility, if these measures are deemed absolutely necessary to achieve a specified set of "legitimate objectives." This list is currently comprised of: public security and safety, public order, protection of human, animal or plant life or health, protection of the environment, conservation and prevention of waste of non renewable or exhaustible resources, consumer protection, protection of the health, safety and well -being of workers, provision of social services and health services within the territory of a Party, affirmative action programs for disadvantaged groups, or prevention or relief of critical shortages of goods essential to a Party. ANNUAL REVIEW: The way the TILMA is written, everything is included unless expressly excluded. All exceptions to the Agreement are subject to an annual review by a Ministerial Committee, that will look at how the exceptions can become more consistent with the general rules and special provisions of the agreement." ENFORCEMENT: The TILMA dispute resolution mechanism will have three stages: dispute avoidance, consultation and a dispute panel. Governments that are alleged to be restricting or impairing trade, investment or labour mobility per the terms of the Agreement may be taken to a binding dispute resolution process by any individual or BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) 5 corporation within either of the two provinces. Under the Agreement, the dispute panel has the power to impose financial penalties up to $5 million per dispute. The financial awards are intended as penalties, not as compensation for damage claims. According to a January 10, 2007 publication by the BC Ministry of Economic Development, municipalities are not required to defend their own measures or pay monetary penalties, and only provincial governments can be subject to the dispute settlement process. POTENTIAL BENEFITS FOR THE CITY OF VANCOUVER In their September 2005 report prepared for the BC Ministry of Economic Development, the Conference Board of Canada has come out in strong support of this Agreement, citing economic benefits for the provincial economy. The report discusses the anticipated impact of the TILMA on specific industry sectors, and in the various regions of BC. According to the Conference Board's analysis, the Lower Mainland /Southwest and Northeast BC are the two regions that stand to benefit most from the TILMA. About this, the authors say: One of the largest beneficiaries in the province from the implementation of the proposed agreement will be the Lower Mainland and Southwest region This region is currently upgrading its port infrastructure which will mean more goods flowing through the ports. The coordination of transportation regulations will make it easier and more profitable for B.C. transportation workers to ship these goods to the Alberta market. The coordination of the regulations will also be beneficial to the region's manufacturing sector. With larger market availability and reduced transportation costs, the region's manufacturing sector is expected to invest to meet growing demand. The FIRE [finance, insurance and real estate] sector is expected to fare very well if the proposed agreement is implemented. This region has a lot of expertise in providing financial services and the opening of the Alberta market to these companies will likely lead to more investment and business establishment in B.C. Businesses in the commercial services and retail industries are also expected to benefit thanks to the spin off activity created by gains in the other industries and the increased consumer demand generated by lower prices in general. BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) 6 While a stronger local economy is generally good for the City of Vancouver, the City would receive little or no direct financial benefit as a result. And further, the potential benefits to the City associated with a generally stronger economy must be assessed in the context of any negative impacts, such as restrictions on the City's powers of local autonomy, and /or increased administrative costs. These potential impacts are discussed in the next section. POTENTIAL IMPACTS ON /IMPLICATIONS FOR THE CITY OF VANCOUVER: LOCAL AUTONOMY The following is a summary of the illustrative list of examples, in which local government measures may be deemed as inconsistent with the TILMA concepts of standardisation, harmonisation and non discrimination. INCENTIVES TO LOCAL BUSINESS: If the City wished to provide a grant, loan, loan guarantee, goods or services, free land or any other form of financial assistance that was not available on the free market to a local business, this could be deemed in contravention to the TILMA. PROCUREMENT POLICIES: According to the TILMA, municipal procurement must give the highest level of consideration to like, directly competitive, or substitutable goods; persons; services and investors or investments." This may have an impact on the City's ability to select preferred suppliers of goods and /or services. For example, if Council wished to exclude a particular Alberta company because that company's conduct or operations are contrary to Council's public policy position, or to award a procurement contract to an organisation that reside or have a head office in Vancouver, either of these may be seen as contravening the TILMA. TENDERING THRESHOLDS: Per the TILMA, thresholds that require municipalities to tender are decreased from current regulations under the AIT, to $10,000 for goods, $75,000 for services and $100,000 for construction. These are significantly lower than the AIT thresholds, which are $100,000 for goods and services, and $125,000 for construction. While these lower thresholds may be relevant for smaller municipalities, they will be administratively inefficient for the City. REGULATORY BYLAWS: According to www.tilma.ca: "T(LMA will not restrict the ability of local governments to make by -laws that are in the best interest of their citizens, such as zoning by -laws, height restrictions or rules applying to signage. The provincial governments also do not expect TILMA to affect land use decisions with respect to agricultural (and reserves or parks." Many of the City's regulatory bylaws will not be relevant to the TILMA and /or will be protected under the "legitimate objectives" section of the Agreement, but some may not be. For example, a building regulation bylaw amendment to require particular local building materials or a zoning BC- Alberta Trade, Investment and Labour Mobility Agreement TILMA) 7 bylaw that by design prohibits an Alberta business operation could be seen as restrictive under the TILMA. BUSINESS LICENSE CONDITIONS: If Council wishes to impose extraordinary business license conditions (e.g., provision of personal and private data from a second -hand goods store), this may be viewed as contravening the TILMA. A great number of other examples of potential municipal impacts are discussed in the various publications about the TILMA. These include implications for: property tax incentives, grants, store hour or smoking regulations, preservation of agricultural lands, conservation of heritage sites, maintenance of scenic views, residential commercial integration issues, economic development promotion and sign bylaws. Already- incorporated exceptions to the TILMA include measures relating to: aboriginal peoples, water, and services and investments pertaining to water, taxation, revenue generation, including royalties and mark -ups, regulated rates established for the public good or public interest, social policy, including labour standards and codes, minimum wages, employment insurance, social assistance benefits and worker's compensation, disposition of rights, exploration and development and management or conservation of energy or mineral resources, renewable and alternative energy, management and disposal of hazardous and waste materials, disposition of harvesting rights and management and conservation of forests, fish and wildlife. Regional economic development initiatives may be exempt, provided they do not restrict trade more than necessary, do not unduly harm the economic interests of persons, goods, services or investments in the other province, minimise discriminatory effects and impacts on trade, investment and labour mobility, and, are consistent with T1LMA restrictions on business subsidies." POTENTIAL IMPACTS ON /IMPLICATIONS FOR THE CITY OF VANCOUVER: ADMINISTRATIVE COSTS Some of the potential costs to the City associated with complying with the TILMA include: preparing for the TILMA over the next two years, including taking part in the transition period negotiations to ensure appropriate municipal exclusions, reviewing new /amended measures to assess compliance with the TILMA, complying to TILMA on an ongoing basis, e.g., reviewing all new or amended measures to ensure compliance with the TILMA, responding to allegations of contraventions, and /or increased administrative costs associated with tendering at the significantly- lowered tendering thresholds. BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) 8 THE CITY'S OBLIGATION TO COMPLY WITH THE TILMA The TILMA is an agreement between BC and Alberta, and has no legal effect on the City of Vancouver unless the Province enacts or amends legislation that would apply specifically to the City. There are a number of ways the Province could require compliance by local government, such as: imposing TILMA- related conditions in relation to grants, using existing or new legislation to supersede or reject a local government measure, and /or seeking indemnity from a municipality that contravenes a TILMA provision that results in the Province having to pay a monetary penalty. THE NEXT TWO YEARS 4 TRANSITION PERIOD NEGOTIATIONS: During the two -year transitional period, during which municipalities are exempt from the TILMA (April 2007 April 2009), the Provinces of BC and Alberta will be consulting with local governments and their associations, in order to negotiate any required special provisions or exclusions. The UBCM has been invited to nominate an individual to take part in these negotiations. It is important that, working with the UBCM over the next two years, the City be engaged in the negotiations that are intended to determine what measures will be excluded from the TILMA, and to reconcile the difference in standards and regulations that govern the sixty or so occupations listed in the Agreement. CONCLUSION CURRENT APPLICATION: As of April 2007, the TILMA requires that no municipal regulation or policy should be amended or renewed in a manner that would decrease its consistency with the TILMA (Article 9, Rules Relating to Transitional Measures). During the transition period, staff will monitor new and amended measures in the context of this requirement. FINANCIAL IMPLICATIONS There are no financial implications related to the recommendations in this report. The TILMA may require the City of Vancouver to make changes to some of our regulations and other measures, and to some of our procurement practices, after April 2009. It is difficult at this point to determine how exactly the City will be affected over the longer term by this BC- Alberta Trade, Investment and Labour Mobility Agreement (TILMA) 9 Agreement. While there is no legislation in place requiring the City to comply with all terms of the TILMA, it is possible that the provincial government may either directly or indirectly require the City to comply. It is important that the City be actively involved with the UBCM in the TILMA negotiations over the next two years, while exclusions for municipal governments are to be negotiated. Appetite for information on TILMA swells Page 1 of 2 strat Everything. All the Appetite for information on TILMA swells By Matthew Burrows Publish Date: April 26, 2007 Vision Vancouver councillor Tim Stevenson had to pick up the Georgia Straight before he could learn more about the potential impacts of the Trade, Investment, and Labour Mobility Agreement. The two -term councillor and former provincial cabinet minister asked for a memo from city staff several weeks ago regarding TILMA, the agreement between the provincial governments of B.C. and Alberta. TILMA came into effect April 1 to liberalize trade, investment, and labour mobility between the two provinces. According to the Web site www.tilma.ca —the official TILMA site for the B.C. and Alberta governments —this agreement creates "the second largest economic region in Canada Municipalities and other provincial "government entities" will come onboard officially in April 2009 after a two -year phase -in. "The more I looked over the documentation, the more concerned I became," Stevenson said. "So I thought we'd better take a long, hard look at this and get the city manager to come back with a report. That's been sitting now for quite some time, and at various times [COPE councillor David] Cadman and I keep asking where it is. We keep getting a response that it's an in -depth issue with many components to it and that they were in the process of completing it. Then, boom, I pick up the Georgia Straight." The Straight reported last week that park board corporate services director Anita Ho had sent an e- mail to park board staff and commissioners about the deal. Ho's message stated that the City of Vancouver legal department advised her: "TILMA is an agreement between BC and Alberta and has no legal effect on the City of Vancouver unless and until BC enacts or amends legislation which applies to or affects the City." "In short, the City is not subject to this agreement under the Vancouver Charter," Ho wrote. Ellen Gould, research associate with the Canadian Centre for Policy Alternatives, told the Straight she disagrees. "There is no question that, unless Vancouver gets an exemption, within two years the city will automatically be covered by TILMA regardless of what the Vancouver Charter says," she said. "This point has been made absolutely clear in AIT [Agreement on Internal Trade] cases, where panels have ruled repeatedly that it matters not a whit if a government is acting completely legally within its delegated authority —it can still be found in violation of the agreement." B.C. Economic Development Minister Colin Hansen told the Straight he believes that Gould is "unequivocally" wrong. http: /www.straight.com/node /87452 /print 9/17/2007 Appetite for information on TILMA swells Page 2 of 2 "She has been spreading a lot of misinformation that is not based on any legal foundation," Hansen said. "There is nothing in TILMA that affects the ability of municipalities to pass bylaws, with one exception. That is, if they put in place procedures or bylaws at a municipal level —when municipalities become subject to it in two years —that discriminate against a company or an individual based on which province that province or company or individual is from. Then it would be a violation of TILMA." Gould said she is concerned that TILMA's Article 3 states: "each party shall ensure its measures do not impair or restrict" trade, investment, or labour mobility. She said this leaves a very "low threshold" for complaints against government entities such as municipal governments in the event of a dispute. "What NAFTA panels have said is, you pretty much have to take someone's property, seize it or regulate it in a way that they are deprived of the benefit of it —so it means a substantial interference with someone's property," Gould said. "So you read that language and that's different from saying restrict. Restrict seems to be less [of a barrier] to me. It's such extreme language that nobody's ever stuck it in a trade agreement before. So we don't know what a panel would say. Saying you can't restrict or impair seems to be setting the bar a lot lower for complaints." Hansen said the TILMA dispute resolution panel consists of 10 panellists —five from each province. He said he is responsible for choosing the five from B.C. "It's in everybody's best interests to proceed with TILMA," he said. "If everybody reads the information coming out of the Council of Canadians and some of the other fear mongering that is going on, I would have concerns if I were a municipal councillor. Unfortunately, that stuff is not based on fact." Meanwhile, the British Columbia School Trustees Association held its annual convention from April 19 to 22 and passed a motion demanding public meetings on TILMA and an exemption for school districts from all provisions of the agreement. In response to the issue of general awareness of TILMA, Hansen dismissed criticisms that he has not made infotination public enough. (There was no debate in the legislature when TILMA came into being.) "Our Web site has a plethora of information about TILMA," he said. "We've been adding to it constantly over the past year with information." If that is not enough, Hansen said, he invites anyone with concerns to e -mail him directly at edminister @gov.bc.ca Source URL: http /www straight„com/artiele 87452 /appetite for mformation.on -t lma- swells http://www.straight.com/node/87452/print 9/17/2007 Canada West Foundation Newsletter October 30, 2006 (read more 4) Page 1 of 3 THE NEXT WEST PROJECT As western Canada continues to grow and change, we need to understand the implications of the economic and demographic transformations that will shape our future and seek out creative ways to take full advantage of these changes. Back to top THEWESTERN CITIES PROJECT Six in ten western Canadians live in the West ?s eight largest cities. Proactively addressing urban policy challenges and examining the role of cities in Canada are critical to the West ?s long -term economic success and quality of life. Back to top THE NATURAL CAPITAL PROJECT Balancing economic prosperity with environmental sustainability. Back to top THE WEST IN October, 2006 Linking Policy to People Since 1971 Print Back MUST! LIST' The NEXT Ec`d16M 8frj Initiative Small steps lead to big things Building on the BC- Alberta Free Trade Agreement BY ROBERT ROACH DIRECTOR OF RESEARCH When training a dog, it is best to start small and build wins before trying something harder. This dictum applies to removing the barriers to trade among Canada ?s provinces that hamper the Canadian economy. Unfortunately, the national Agreement on Internal Trade that was signed by all the provinces and territories and the federal government in 1994 has not lived up to expectations. Getting 13 governments (now 14 with the creation of Nunavut) to follow and enforce the rules has proven to be too difficult. Political will was stretched too thin. It may have been better to start with something smaller, build wins, and then try a pan- Canadian agreement. The British Columbia Alberta Trade, Investment, and Labour Mobility Agreement (TILMA) that was signed earlier this year does just that. Recognizing that it makes no sense for provinces to treat each other like foreign competitors that must be kept at bay by an array of subsidies, red tape, and closed procurement practices, the governments of BC and Alberta agreed to take a real step toward free trade. Economists and think tanks like the Canada West Foundation have been arguing for years that the barriers to internal trade in Canada are an unnecessary drag on the economy and bad public policy. Internal barriers to trade increase the cost of doina business, impede the freedom of Canadians to http:// www .cwf.ca/V2 /cnt /weu1006_9134.php ?print =yes 9/17/2007 Canada West Foundation Newsletter October 30, 2006 (read more 4) t.:ANAUA Ii(UJIct.. I Capturing the regional diversity of Canada and eliminating the democratic deficit that clogs the gears of the nation remain as relevant today as they were thirty years ago when Canada West Foundation was created. Back to top THE INVESTING WISELY PROJECT Explores three key issues: 1) the case for saving a portion of Alberta ?s non renewable natural resource revenues for future use; 2) creative and strategic ways of using the earnings on the saved revenues to transform the province in positive ways; and 3) Alberta ?s non renewable natural resource revenues in a regional and national context. The project is funded by over 60 foundations, businesses and individuals. A final project report will conclude the project in January 2006. Back to top THE WESTERN ECONOMY PROJECT An ongoing core endeavour of the Canada West Foundation that monitors economic activity and trends in the four western provinces. An annual economic update is prepared for each western province and a monthly newsletter addresses current economic topics of importance to the West. Back to top If you would like to help fund this, or any of our other projects, contactJulie Johnston live and work where they choose, increase the cost of public infrastructure and threaten Canada ?s international competitiveness. We need to keep in mind that Canada, while blessed with many advantages, is a small country competing in an unforgiving international economy and that unnecessary economic inefficiencies are becoming a bigger handicap by the day. This does not mean that governments must abdicate responsibility in all areas in favour of economic efficiency and the invisible hand of the free market. Governments in Canada can, and should, continue to set standards, provide services and ensure that our environment is not only protected but thriving. Removing business subsidies, agreeing on labour standards, rationalizing paper work and creating an open tender process for government contracts does not reduce the power of the provinces or undermine other legitimate public policy goals; it simply increases voluntary cooperation. In exchange, all provinces have to give up is short -term thinking, subsidies to businesses and a fear of open competition. By reducing the red tape that businesses operating in both BC and Alberta currently face, such as duplicate registration and reporting requirements, and by enabling workers with the same skills to move freely between the two provinces, the TILMA is a good, albeit small, step toward true free trade in Canada. The TILMA also seeks to reduce the politically convenient subsidies that flow to businesses and open government procurement to suppliers in both provinces. Under TILMA, businesses in Alberta can bid on a government contract in BC and vice versa. These and other measures will have significant economic payoffs and will increase the freedom of the residents of both provinces to work and do businesses. The reason TILMA is a small step rather than an end result is two -fold. First, we need free trade in Canada, not just free trade between two provinces. The goal is not, and should not be, to create a BC- Alberta trading block. Instead, TILMA should be viewed as an example of how provinces can work together. When the TILMA comes into effect in 2007, it will present policy- makers across Canada with a live experiment in free trade and the lessons that will be learned should be used as the basis for other agreements and, eventually, a new and improved national agreement. Indeed, a logical next step is for Saskatchewan and Manitoba to ramp -up their efforts to join the TILMA. Alternatively, Saskatchewan and Manitoba, or Manitoba and Ontario, could sit down and agree to their own version of a TILMA. Ontario Premier Dalton McGuinty seems gung ho and has already met with BC Premier Gordon Campbell to discuss joining the club. With luck and effort. TTLMA could he the first sten Page 2 of 3 http:// www .cwf.ca/V2 /cnt /weu1006_9134.php ?print =yes 9/17/2007 Canada West Foundation Newsletter October 30, 2006 (read more 4) Page 3 of 3 Director of Fund Development To view NEXT West Project publications, click here. To view Western Cities Project publications, click here. To view Natural Capital Project publications, click here. To view Building the New West Project publications, click here. toward a more open market in all parts of Canada. Second, the TILMA includes many exceptions. Some of these likely make sense while others, such as assistance for the movie industry, are questionable. Hence, barriers remain and free trade between BC and Alberta is a work in progress. Nonetheless, it is very encouraging to see the potential for the exceptions to prove the rule rather than be the rule. With McGuinty chomping at the bit to join BC and Alberta ?s To view Westin Canada free trade zone, it is time for Manitobans, indeed all Project publications, click Canadians, to join in the debate about freer trade in Canada here. and decide if they want to treat each other as equals or play favourites. TheCanada West Foundation is a leading source of strategic insight, conducting and communicating non partisan economic and public policy research of importance to the four western provinces, the territories, and all Canadians Canada West Foundation Head Office Suite 900, 1202 Centre Street SE Calgary, AB Canada T2G 5A5 Phone: 403 264 -9535 Fax: 403 269 -4776 Toll -Free: 1 -888 -TALK CWF (825 -5293) BC Office Suite 810, 1050 W. Pender Street Vancouver, BC V6E 3S7 Phone: 604 646 -4625 Fax: 604 -684 -7957 O 2007 CANADA WEST FOUNDATION. ALL RIGHTS RESERVED. Privacy Statement http:// www .cwf.ca/V2 /cnt /weu1006_9134.php ?print =yes 9/17/2007 Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci DATE: September 17, 2007 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Niagara Military Museum Niagara�alls Cp NAD1 Garry Beck will be making a deputation regarding the submission of the business plan for use of the entire Armoury for the Niagara Military Museum. (As Mr. Beck delivered the plan personally to Council members, you may want to bring your copy with you for September 24t Staff has had a cursory look at the plan, which is slightly modified from the original submission by the group. Council is reminded that in 2004 -2005, an ad -hoc committee of Council was put in place to review all submissions regarding the Armoury (see attached report R- 2005 -25). The report indicates that the "Ad Hoc Committee are willing to continue to function as a Committee in order to resolve the future use of the building." With this in mind, Council may want to revive the Ad Hoc Committee to review the latest proposal from the Military Museum RECOMMENDATION: Revive the Armoury Ad Hoc Committee to review the submission by the Niagara Military Museum. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Niagara Falls 1 The City of Cartad� Members: Community Services Department Parks, Recreation Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario June 13, 2005 Re: R- 2005 -25 Use and Management of the Armoury RECOMMENDATION: That Council adopts the various recommendations contained within the report. BACKGROUND: Adele Kon Director The recommendation(s) contained in this report were adopted by City Council The Armoury Ad Hoc Committee was established by Council on September 20, 2004. The members serving on the Committee are: Aldermen Janice Wing (Chair), Jim Diodati and Vince Kerrio. Through a previous council report, (February 14, 2005) Council approved the evaluation criteria and weighting system that would be used, and also directed that the Community Resource Building (former Carnegie Library) would be added to the Committee's mandate. The report will be broken into two (2) parts; the first will deal with the Armoury and the second with the Community Resource Building. Part 1 Armoury On Thursday, April 7, 2005, Dr. Andy Panko, PhD., PGeo, spoke to the Committee regarding the potential management of the asbestos contained in the internal walls of the building. In Dr. Panko's professional opinion, the asbestos does not need to be removed from the walls of the building. Instead, he is recommending that an asbestos management plan be undertaken and that inspections occur on an annual basis. All groups who utilize the building would have to be made aware of the plan and the City would have to impose conditions whereby groups would not be permitted to, in any way, alter the walls or space without written permission from the City. In Dr. Panko's professional opinion, this would be the least costly method of managing the asbestos problem. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services R- 2005 -25 June 13, 2005 2 R- 2005 -25 Presentations were also heard from the following eight (8) groups who had submitted proposals for the use of the Armoury. The Niagara Falls Armoury Museums Coalition Niagara Military Museums Niagara Falls Fashion and Wedding Museum City of Niagara Falls Board of Museums The International Knightly Order of Saint George Niagara Falls Art Gallery Niagara District Arts Association As part of the proposal submission process, all groups were clearly advised that preference would be given to those who placed the least financial liability on the City. After hearing the presentations and reviewing the proposals, it became readily apparent that none of the groups could assume full financial responsibility for the building. Following a full discussion on the merits of each of the proposals, the Committee members are recommending that the prime purpose of the building is to commemorate our veterans and our community military heritage. It was acknowledged by the Committee Members that the building is a very significant symbol of our veterans and the military heritage of our community, and that it was due to the urging of our military groups that the City decided to acquire this important landmark. Working under this premise, the Committee Members are making the following recommendations for Council's Consideration: 1. That the prime function of the building be to commemorate Military Heritage. 2. That minimally, the first floor be dedicated to Military Heritage. 3. That both the Niagara Military Museums and The Niagara Falls Armoury Museums Coalition share the first floor. 4. That the City's Board of Museums manages the entire Armoury building and as their order of business that they co- ordinate a sharing arrangement between the two (2) organizations cited above. 5. That the Board of Museums prepares an overall annual operating and capital budget for the building and surrounding property. 6. That the Board of Museums, in consultation with Staff, develops a formula for the cost per square foot to operate the building. 7. That all the building tenants be responsible for the cost of their respective area based on the cost per square foot formula. 8. That any groups who cannot afford the cost per square foot have the opportunity to approach City Council for funding assistance and that their need for on going funding assistance be reviewed on an annual basis. 9. That all fund- raising be equally shared between the organizations and the City, with the June 13, 2005 -3 R- 2005 -25 understanding that the City's portion would help offset the building's operating and capital costs. 10. That the second floor be available to community groups with the understanding that it be used for complementary purposes with themes related to the City's history. 11. That once the City obtains ownership of the building, Staff proceeds with the installation of a new roof and the preparation of an asbestos management plan. 12. That no significant changes be made to the current heating and ventilation system. Part 2 Community Resource (CORE) Building There are a number of competing factors impacting the CORE building and these will have to be addressed before a final recommendation can be made on the use and administration of this designated building. These factors are as follows: the existing tenants; the request made by Niagara Falls Tourism for this building, as well as other City buildings; the groups who could not be accommodated in the Armoury; and the future uses of the former Court House (adjacent to City Hall). However, the Committee believes that eventually this building would serve as a needed Community Arts C entre. It would operate under a similar financial arrangement as recommended for the Armoury. Specifically, a cost per square foot formula would be developed and applied to the organization(s) which would use this building. The City would be responsible for the capital improvement costs. The rents charged to the tenant(s) would offset all the building's operating expenses so as not to create a financial liability for the taxpayers. The Members of the Armoury Ad Hoc Committee are willing to continue to function as a Committee in order to resolve the future use of the Community Resource Building. Recommended by: Adele Kan John MacDonald Director of Parks, Recreation Culture Chief Administrative Officer AK/das S: \Council \Council 2005 \R 2005 -25- Use and Management of Armoury.wpd Respectfully submitted: -9- June 13 2005 Council Minutes F- 2005 -26 Chief Administrative Officer Re: 2004 Capital Accounts. The report recommends for the information of City Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. F-2005-27 Chief Administrative Officer Re: Development Charges, 2004 Financial Information. The report recommends that City Council receive and file the attached financial statements regarding Development Charges for the 2004 fiscal year. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. F- 2005 -28 Chief Administrative Officer Re: 2004 Reserves and Reserve Funds. The report recommends that City Council review and approve the 2004 transfers to reserves and reserve funds. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. F- 2005 -30 Chief Administrative Officer Re: Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001. The report recommends that the Cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. The motion Carried with Alderman Campbell declaring a conflict of interest. F- 2005 -31 Chief Administrative Officer Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $25,650,034.55 for the period April 20, 2005 to May 31, 2005. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. See By law No. 2005 106 R-2005- 25 Chief Administrative Officer Re: Use and Management of the Armoury. The report recommends that Council adopts the various recommendations contained within the report. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. R- 2005 -33 Chief Administrative Officer Re: Robert F. Keighan Neighbourhood Park. The report recommends that the neighbourhood park in the Beaver Valley Subdivision located off of Beaverdams Road be named Robert F. Keighan Neighbourhood Park. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the report be received and adopted, Carried Unanimously. 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. Alderman Pietrangelo requested that Report MW-2005-83 be considered separately, NIAGARA MILITARY MUSEUM C/O Garry Beck 9200 Sodom Road Niagara Falls Ont. L2E 6S6 Phone 905- 295 -3686 E -Mail beck @falls.net Or E -Mail gvbeck @sympatico.ca City of Niagara Falls Canada Attention: Mr. Dean Iorfida, City Clerk Re: Niagara Falls Armoury Dear Sir, The Niagara Military Museum, wish to appear as a deputation to speak at the open City Council meeting in the evening of Monday, September 10, 2007 in order to reply to the Business plan provided as requested by council and request the use of the entire Armoury. The updated Business Plan has been provided to all the councilors Please contact Garry Beck of the Niagara Military Museum at phone number (905) 295 -3686 to confirm our place on the agenda or with any questions or concerns. Thank you. September5, 2007 Yours sincerely, weief 6 President Niagara Military Museum Dean Iorfida Council meeting, Sept. 24th From: Dean Iorfida To: Garry Beck Subject: Council meeting, Sept. 24th CC: Bill Matson; Ken Beaman; Ken Burden Hi Garry: We are now in the process of putting together the September 24th agenda. I have you down as a deputation, as previously requested. Relatedly, we have received legal advice and are of the opinion that your Confidentiality Notice cannot be enforced by the City. By submitting a document for Council's consideration for a publicly owned building there is an expectation that as part of their due diligence, Council and its staff may have to share said document. Arguably, your document is a nominal update of a previous document that was widely available. Therefore, there are no legal grounds upon which a document submitted to a municipal council for discussion in open meetings in circumstances such as this can be treated as confidential. We will see you on the 24th. Thanks Dean Page 1 of 1 about:blank 9/17/2007 September 24, 2007 PD- 2007 -78 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraf1alls Re: PD- 2007 -78 AM- 38/2006, Official Plan Zoning By -law Amendment Applications Thundering Waters Village 6000 Marineland Parkway /Drummond Road (East Side) Owner: Fallsview Golf Inc. Proposed Residential Development (Singles, Townhouses, Apartment) RECOMMENDATION: 1. That Council approve the Official Plan amendment application to permit a residential development on a portion of the existing Thundering Waters Golf Course, with special policies to address the issues noted in this report such as tree preservation and land use compatibility with surrounding industrial properties. 2. That Council approve the Zoning By -law amendment application to provide site specific R1 C, R4 and R5F residential zoning on the land as detailed in this report, with the inclusion of a "Holding" (H) provision to address industrial compatibility requirements, and an EPA zone for Block A and conservation easement land within the residential development abutting the hydro corridor. BACKGROUND: Proposal The applicant proposes to redesignate and zone portions of the existing golf course on the site for a residential development with a mix of dwelling types. Schedule 1 provides the location of those sections of the property subject to the applications east of Drummond Road, south of McLeod Road and the hydro corridor and northwest of the railway line traversing the site. The proposed development includes 85 single- detached dwellings, 35 townhouse dwelling units and a 10- storey apartment building containing 150 units. Schedule 2 illustrates the submitted revised plan. The City's Official Plan designates the subject land Open Space Special Policy Area #39 which permits the existing golf course. The subject lands are proposed to be redesignated Residential, in part, with special policies to permit the residential development 4310 Queen S reet, 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 Planning Development September 24, 2007 2 PD- 2007 -78 The subject land is zoned Open Space (OS -611) through site specific By -law No. 2003 -46. This zoning also applies to the balance of the Thundering Waters Golf Course lands on both sides of the railway line. The proposed single- detached lots are requested to be placed under a site specific Residential Single Family 1C Density (R1 C) zone, while the townhouse units are requested to be put under a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone and the apartment block under a Residential Apartment 5F Density (R5F) zone. In addition, the OS -611 zone is proposed to be adjusted to reflect the removal of the above noted lands from the golf course. Surrounding Land Uses Directly north of the site is a hydro corridor and an established residential area (Drummond Park Village Subdivision). Land designated and zoned for industrial use but containing several non conforming residential dwellings is located to the west. An industrial use is located to the southwest at Oldfield Road. The railway spur line and other sections of the golf course are to the south and southeast. Industrial operations exist to the east and southeast along Stanley Avenue. Land for tourist commercial use is located to the northeast on Marineland Parkway. Preliminary Review Process /Chronology The applicant submitted the initial development package (Official Plan amendment, Zoning By -law amendment and Vacant Land Condominium) on November 13, 2006. This first submission contained 26 single- detached lots, 138 townhouses and a 9- storey apartment with 150 units. Staff circulated the applications to City divisions, the Region and Niagara Peninsula Conservation Authority (NPCA) for preliminary comments. A letter reviewing the proposal and identifying issues was provided to the applicant on February 20, 2007. Staff met with the developer to review the City's letter on March 15, 2007. A revised sketch of the proposal was discussed with staff on April 12, 2007. The developer submitted a revised plan comprised of 74 single lots, 35 townhouses and a 10- storey apartment (150 units) with Official Plan and Zoning By -law amendment applications on June 20, 2007. These applications were circulated and a public meeting was scheduled for Council on August 13, 2007. Staff met with the developer on August 8, 2007 to discuss issues including concerns of residents. The applicant requested consideration of the proposal be deferred from the August Council meeting. The developer held a Neighbourhood Meeting with area residents on August 21, 2007. At the request of the developer, notice of the public meeting scheduled on September 10, 2007 was advertised before the neighbourhood meeting with residents. The developer met with staff on August 30, 2007 and discussed their revisions to the plan based on input from the neighbourhood meeting. A revised plan was submitted August 31, 2007 and the developer asked that the public meeting be rescheduled to September 24, 2007. A further amended plan was submitted to the City on September 7, 2007. Neighbourhood Meeting The developer's planning consultant conducted a neighbourhood information meeting at City Hall on August 21, 2007. This meeting was attended by approximately 40 members of the public, representatives of the development company, their solicitor as well as City planning staff. Area residents expressed strong opposition with respect to the potential September 24, 2007 3 PD- 2007 -78 loss of trees, especially along the north boundary of the site. Additional comments from the residents included concerns with proposed rear yards of the lots extending north of the existing tree line, the height of the 10- storey apartment, early morning noise from golf course maintenance (grass cutting, leaf- blowing), problems with the short notice and commenting period, and if changes would be made to the plan. The planning consultant advised that the issues raised would be reviewed by the developer. Circulation Comments Information on the requested amendments was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received. Building Division Fire Services Regional Planning No objections. Requirements will be addressed through the Building permit and construction process. Fire access requirements must be in accordance with the Building Code. The road widths and turning radius may need to be revised to meet requirements and parking restrictions are possible in some locations. Municipal Works The subject lands have a number of trunk services (protected by easements) that traverse the site and potentially limit the utility of the property. It is acknowledged that sanitary sewer and water service capacity currently exists to accommodate the development. There may be an opportunity to examine the relocation of some of these trunk services in conjunction with City -wide needs considering overall service improvements, pumping stations and potential residential development of land to the southwest. Although staff has some concerns, the issues related to this development can be addressed at the future detailed design stage. Parks, Recreation Culture Cash -in -lieu of parkland dedication will be required for the development. A Tree Saving Plan (showing all existing trees and identifying all trees worthy of preservation), landscaping plan and street trees will be conditions of the future condominium. There does not appear to be any impact on wetlands through the proposed development, however, significant tree loss will result. Greater effort should be made to protect existing wooded areas and replanting native species. A Tree Saving Plan will be required for the future condominium development. September 24, 2007 4 PD- 2007 -78 The Region feels the residential development can be compatible with the adjacent industrial lands but there needs to be a more detailed evaluation of setbacks, buffers, building design, phasing and land use controls. In this regard, the Official Plan amendment should include special policies and a Holding zone be included in the amending by -law. Niagara Peninsula Conservation Authority An inspection by the NPCA determined that the northern portion of the site no longer exhibits a vegetative community indicative of a wetland. Therefore, the proposed residential development will not significantly impact any remaining wetland features on the subject lands. Stormwater management requirements will be addressed through future applications. Area Residents Residential Design Several letters and a petition have been submitted to the City in opposition to the proposal. These letters were submitted based on an earlier design that included portions of residential yards north of the existing tree line abutting hydro land. Concerns similar to those expressed at the neighbourhood meeting have been raised related to tree protection, apartment height, golf course maintenance noise and potential future redevelopment of the golf course land. The September 7, 2007 drawing shows general improvements to the overall development design since the original submission. Single- detached lots are proposed along the north and west boundaries to provide compatibility with nearby residential uses. The single detached portion of the plan contains wide lots with some very deep (in excess of 49.8 metres /163.4 feet excluding the tree protection area on the lot). Changes show portions of the existing north tree line retained at the rear of proposed lots (rather than the middle) to address resident and some ecological concerns. Block A has been created north of the proposed detached lots to act as a buffer. The majority of residential traffic is anticipated to use the Drummond Road access rather than the Marineland Parkway private driveway which is more oriented to the golf course use. The revised plan provides several internal roadway connections to improve traffic flow and address emergency access including a new bridge crossing of the drainage ditch (ConDrain Channel) at the northeast corner of the plan to connect with the current main entrance driveway. The higher density development has been positioned internal to the site. The proposed apartment is approximately 305 metres (1,000 feet) from the existing dwellings to the north and privacy should not be significantly impacted. The apartment site density is 129 units /hectare (52 units /acre). The maximum Official Plan density for apartments over 6 storeys in height is 125 units /hectare (50 units /acre). Staff acknowledge that within a major greenspace area such as the golf course some density increases may be possible. The apartment and townhouses will be accessed from the main private roadway adjacent the golf course parking lot. September 24, 2007 Tree Preservation 5 PD- 2007 -78 The Official Plan amendment for the original golf course contains special policies for woodlot protection and management. The course design was to retain a minimum of 50% of the pre development wooded areas on the overall site (north and south of the railway line). The site plan agreement registered on title contains provisions to implement tree protection and woodlot management plans. The applicant submitted consultant reports regarding the impact of the proposed residential development on treed areas. The reports indicate that the existing woodlot area in the northwest section proposed for single- detached lotting has been heavily impacted by maintenance road construction, piling of construction debris and loss of the majority of healthy trees and under storey cover. Approximately half of the woodlot area proposed for townhouse and apartment development has previously been approved for a parking lot expansion for the golf course. This area contains a relatively undisturbed small vernal pool and healthy pockets of Pin Oak. The application focuses the woodlot protection and management in areas south of the railway tracks where there are more ecologically significant, larger woodland areas and concentrated wetland areas. The consultant's report estimates that approximately 44% of the pre- construction woodlands will remain if the residential development proceeds primarily in the south. This change should be reflected in Special Provision #39. In response to area resident and staff comments, trees along the existing north fenced boundary of the golf course are proposed to be included in a conservation easement for protection. The width of this proposed tree protection within the back yards of the new single Tots varies from 6.1 metres (20 feet) to 11.1 metres (36.4 feet) corresponding with the varying width of the tree area and lot depths. Furthermore, Block A on the plan is proposed as an open space feature and additional natural buffer to the residential uses to the north. This corridor is 19.6 metres (64.3 feet) wide and is proposed as a natural regeneration area under condominium ownership. The developer proposes a 1.5 metre (5 foot) wide conservation easement for trees along Drummond Road. These treed /open space areas should be zoned for protection. The requirement for a tree saving plan at the future condominium stage will protect individual trees at the periphery of the residential development areas. Zoning By -law Provisions The proposed single- detached lots are requested to be zoned a site specific R1 C. This portion of the plan provides large lots that appear to satisfy the minimum requirements of the R1 C zone for lot area (550 square metres /5,920 square feet) and lot frontage (15 metres /49.2 feet interior lot; 18 metres /59.1 feet corner lot). The zoning needs to be adjusted to reflect frontage on the private condominium roads. The standard 7.5 metre (24.6 foot) rear yard depth for a private amenity area will be required from the rear lot line or the boundary of any conservation easement. The requested modifications for front yard depth to the private roadway (6 metres /19.7 feet) and exterior side yard width (3 metres /9.84 feet) can be supported. However, all other provisions of the standard R1 C zone should apply given the size of the lots. These include maximum 40% lot coverage, interior side yards (1.2 metres /3.9 feet or 1.8 metres /5.9 feet depending on dwelling style), maximum height of 10 metres (32.8 feet) and accessory structures requirements. September 24, 2007 6 PD- 2007 -78 The townhouse portion of the plan is proposed with several amendments to the R4 zoning requirements to accommodate the submitted design. Frontage on a private roadway needs to be acknowledged and only townhouse dwellings will be permitted. The front yard depth to the private road is requested to be 3 metres (9.84 feet). This distance is acceptable for the dwelling portion of each unit but the garage needs to provide a 6 metre (19.6 foot) setback to allow space for vehicle parking in the driveways. The exterior side yard can also be 3 metres (9.84 feet) which is consistent with the proposed single detached Tots. The applicant has requested a minimum rear yard depth of 5.7 metres (18.7 feet) which is below the City standard of 7.5 metres (24.6 feet) for a private amenity area. This distance appears to apply to the proposed wider units as shown on an earlier plan. Most of the townhouse units back onto the golf course except for 14 units that are situated with rear areas facing each other. Staff accept that the interior side yards between the units can be reduced within this golf course setting. A requirement of 1.8 metres (5.9 feet) for each side yard representing 3.6 metres (11.8 feet) between townhouse dwelling blocks can be considered appropriate which is similar to single- detached units. The applicant has requested a maximum lot coverage of 75% for the overall townhouse development lands. This figure is excessive and likely not an accurate representation of building coverage given the private roadway in the site. A lot coverage of 50% should be appropriate to allow for the reduced setbacks the standard R4 zone permits 35% coverage. The parking requirement of 1.4 spaces per unit is to be maintained which will require some of the units to have double vehicle garages. Based on these revisions, an adjustment to the minimum landscaped open space provision of 45 square metres (484.4 square feet) per unit may be needed. The requested site specific R5F zone for the apartment proposes a height increase from 28 metres (91.9 feet) to 34 metres (111.5 feet) for the 10- storey development. The central location of the apartment block within the golf course, in combination with appropriate setbacks, provide support for this requested height increase. As with the other residential uses proposed, an exception to the frontage requirement on a municipal road is necessary. The front yard (northeast) is requested to be 20 metres (65.6 feet) whereas the submitted plans indicate an approximate 40 metre (131.2 foot) distance to the abutting future townhouses. The zoning provision should reflect this 40 metre setback to afford greater privacy to the proposed townhouses. The northwest boundary of the parcel to contain the apartment appears to be an existing cart path to which side yard setback requirements will be determined. The requested side yard (northwest) width is a minimum of 3 metres (9.84 feet) to the property line compared to the R5F standard of one quarter of the building height (i.e. 8.5 metres /27.9 feet). Some allowance can be given to a decrease in the side yard based on the abutting open space but not to the extent requested. In order to afford some privacy to residents and address construction /maintenance requirements for the high -rise apartment, a setback of 6 metres (19.6 feet) is recommended. The parking provision of 1.4 spaces per unit is to be maintained and the proposal contains surface as well as underground parking. There are industrial uses and industrially designated lands to the south that raise land use compatibility concerns. Impacts from odour, noise and dust are possible and the future economic viability of the industrial areas should be protected. Separation distances from industrial uses are required for the proposed residential area. The Region feels the residential development can be compatible with the adjacent industrial lands but there needs to be a more detailed evaluation of setbacks, buffers, building design, phasing and land use controls. In this regard, the residential zone should be subject to a Holding zone. September 24, 2007 7 PD- 2007 -78 Staff recommend that Block A (open space abutting hydro) and the conservation easement lands be placed in the appropriate Environmental Protection Area (EPA) zone. This will afford added security for the protection of trees and be representative of the natural use of this land that is to be under the control of the condominium owners. Future Planning Applications The vacant land condominium application would create the individual parcels of land "lots for the singles, townhouse and apartment building for construction in the future. The private roadways and detailed design issues such as servicing, stormwater management, landscaping, fencing and tree preservation plans would be addressed through conditions at this development stage. The conditions of approval requested by the Region would be applied and implemented through this process. The proposed conservation easements would also be created through the approval of the plan. The developer originally submitted a vacant land condominium application at the same time as the Official Plan and Zoning By -law amendments. This condominium application /plan will need to be revised and reactivated. The proposed apartment block will be subject to Site Plan Control to establish details of the development to City standards. A further standard condominium application will be needed to create the individual apartment units for sale. Permanent access over the existing private roadways /driveways serving the golf course and out to Marineland Parkway is required. The shared use of the roads between residential condominium owners and golf patrons will likely be governed by easement agreements. Golf Course Revisions The submitted residential development will result in several golf course changes. The golf course is subject to a registered site plan agreement that will need to be amended before any changes can occur with respect to grading /drainage, the deletion of the approved parking area expansion, requirements of the woodlands preservation plan. Relocation of Hole #1 and changes to some of the remaining holes within their existing limits will be needed to accommodate a full 18 holes. CONCLUSION: The proposed Official Plan amendment and Zoning By -law amendment to permit the residential development on the land can be supported with the revisions noted in this report. The Official Plan will contain special policies to address compatibility with surrounding industrial land uses and tree protection. The zoning for the residential land will include a Holding provision as permitted under the Planning Act regarding a detailed evaluation of design and land use controls to ensure compatibility with the industrial area to the south. An Environmental Protection Area zone will be applied to the open space corridor and conservation easement for trees at the north limit of the site. Design changes along this north area have been made in response to resident concerns. The preservation of trees on the golf course will now be focused in the southern portion where there are larger woodlands and locally significant wetlands. The future vacant land condominium September 24, 2007 8 PD- 2007 -78 application will implement the design of the residential community and include requirements for a tree preservation plan. Revisions to the existing site plan agreement for the golf course are required in order to undertake proposed modifications to the hole layout and alter drainage /grading. Recommended by: Approved by: Respectfully submitted: Doug Darbyson, Director of Planning Development �c Ed Dujlovic, Execu unity Services :gd Attach. S:\PDR\2007 \PD- 2007 -78, AM -38 -2006, 6000 Marineland Pkwy- Thundering Waters Village.wpd a hn MacDonald, Chief Administrative dificer Official Plan Amendment and Zoning By -Law Amendment Applications Thundering Waters Village AM- 38/2006 Subject Land Applicant: Fallsview Golf Inc. SCHEDULE 1 Location Map ME WHIM ��IIIlillllllllllll 111111 ■��u�uu■ 1111111 r 11 ■1111 ■1 �II►� 111 1 11 aiva m rr X111 111 111111111= Eras I MM z OLDFIELD RD i sp 11 r "111111/`� S ��i "IIII►I i� 111111111 I ��i -IIlll --..47z, .0 HHl1110 i•• :ii :1111 ..n Amin t aw illl l lllliillllllllhis m inniuriiii m� 1111 l /ll A. 1111111/ ■111. MgRIN�<gNO 4111, t A� 4 1 1:NTS September 2007 co lr 0 4 O N O►OS O KOKKG le SCHEDULE 2 htl !pip t D 2 sin we me>axv 14 Ams terPe uoal. pelgr 0 Ime pekdwc peRdaidsl6u01eyl .e.N Z OZ 90 ON COIN WeeeINun M Ueel lew0 MV :soomoS gee'u°I d ma. euDZ ee NLN vain g N s September 18, 2007 Jim Stewart 5996 Crimson Drive Niagara Falls, Ontario L2G 7T2 The City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: City Clerks Department RE: Zoning Bylaw Amendment Application AM- 3812006 On behalf of the residents of Crimson Drive, Niagara Falls Please accept this letter as my written request to present a brief proposal to the Niagara Falls City Council on the evening of September 24, 2007 regarding the above mentioned proposal. Should you require further information please do not hesitate to contact me at 905 374 -0126. Sincerely, To be submitted for the Public meeting on September *2007 Concerning Zoning By -Law Amendment Application AM- 38/2006 Thundering Waters Village There are approximately 110 signatures on this petition from the surrounding Wildrose Crescent and Crimson Drive subdivision. Were just asking the City of Niagara Falls to respect our rights. Keep the development on the other side of the tree line. There's plenty of room for everyone. There is no need to cut down any more trees in this area. Keep our tree line! Keep it green! -v-,T, y� ,(2,-,P4 o O y p d ey: ro i pl y N r. �V} ro c oft h �f Z ro ro a 0 c-r a O en m cn N a) 5' $n 0 m rig207,24DERig al- 5° AcI 4 0 0'5' o CD Fn P m,-,-80 04° 4 .g 40; 11 1 c .06 gg „„0.,p, w,om.,.,0 4- tW T: 4-4+CrZ MO 0 441i0 CD P- tg O �'a. c NI u n tv O y O a o R o ,c Z� a u CD t 2 y, sl'''s o, ro' p 1 5.v 2 m m a� g M. p rt fz 0 o p o Co .o ro0 (o 1' co rl4 5. ra i n ym 0,;„ r4 Op o v 0 ss, a PM 1- r O "5' 1.0.'0 p fin_ fl vfDi W p. f fD n O f ro H aJ e* ey S* 1 n a m a N p c� O aq N VN ro ti F� Rt �y. V p 1 rY lD F ro Au u5 4.4? ameg plaint, ADDRESS PHONE 11491'J'e oq Ceinwxh ,P'. Per oor z2 6 7r2 fdS'i71 L ,A)6m -f 5980 CAI msb►0 b2. 3Ss a N .\1,., b a, cA-\--\s. as 33.'`i 0 -(4a60 *-e--4 X9 IAt 5 6, A 04 3 6 0 3 6 f I .v 4 .9 3e Cg iM s o/u o,- L e s- 5 -cks 5gaLe Cr Um `Dr ash- g 3a. LAI f 40' 574 C e 0, 2 ,C .h-gc/ f /.i 59 1 (W'V?5C)I I)� 35 6 -0 0 g3 V••.! 11,,, 6 Ons 4.144 A r it iAILA kv per/ "6: /V k /Pr V I f iftgit/ G014° eantikP PA-- r)-3-3. co- This is a petition from the residence of Wildrose Crescent and Crimson Drive concerning the zoning by -law AM- 38/2006. We do not want anymore trees behind us taken down or lost to accommodate the development of Thundering Waters Village. Let us all enjoy the natural green space!!! Keep the village on the other side of the trees. m t L•T P t 8`7 (9 a ER. P> Rook s v P■Q_Pv Ff-s RECEIVED SEP 10 2007 PLANNING DEVELOPMENT VIMINIMN os,9OOOO 5 m y o iNc ©M IS h L t K r, (9. t\-)( i -Lo us THE/ 6u(L !0 T46 SU (3 uccT LRi TO \'oU i ei___)-- (8/30/2007) Rick Wilson Fwd: Zoning By -law AM- 38/2006 From: Doug Darbyson To: Alex Herlovitch; Ken Mech Date: 8/29/2007 4:37 PM Subject: Fwd: Zoning By -law AM- 38/2006 <rick.tabakaservicecanada.gc.ca> 8/28/2007 2:15 PM Mr. Darbyson: Hope you had a good vacation. I just realized that today was the last day to provide written input on the Thundering Waters residential development. I had sent an earlier email to city councillors prior to the neighbourhood meeting. As a result of this meeting we do not feel our concerns were addressed and there has been no commitment by the developer to preserve the existing tree line. In fact the general consensus is that the developer is planning to precede as planned with no thought to any compromise. As a result a growing number of neighbours are now solidly against the development as currently proposed. The number of people who have signed the petition to save the tree line is well over 100 just from our small neighbourhood and the attendance at the neighbourhood meeting should give you some idea of how strongly we feel about preserving the tree line. I am submitting this information to you to ensure that we can seek an appeal should our concerns not be addressed. Thank you. Rick Tabaka Integrity Officer Niagara Area Investigations Service Canada www.servicecanada.gc.ca (905) 322 -3061 (905) 988 -2722 rick.tabaka(aservicecanada.gc.ca <mailto:rick.tabaka(sdc- dsc.gc.ca> Page 1 Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Thank you for your consideration of this letter. Meredith Burbidge and Michael Zeoli 5845 Crimson Drive Niagara Falls, Ontario L2G 7V1 Re: 6000 Marineland Parkway Official Planning and Zoning By -Law Amendment Application City File: AM- 38/2006 RECEIVED AUG 212007 PLANNING DEVELOPMENT To Whom It May Concern: Within the past year or so, our search for a home with a view came to an end. We purchased our home on Crimson Drive, in Niagara Falls. We wanted a place located in a quiet residential neigbourhood, where at night, after a hard day's work, we could sit on our veranda and enjoy the scenic view of a fantastic tree -line located next to Thundering Waters and often times listen to the roar of our own Canadian Falls. To us, to our neighbours, and to the many visitors that join us within our city throughout the year, a zone for the naturally present and abundant wildlife, the greenery, and the other benefits associated with living this close to the "Falls" is a remarkable and enviable circumstance —a place to be saved. Too often it seems, that we place economics before natural beauty that most pleases us. Too often, it seems necessary for us to destroy a wildlife refuge in the name of furthering someone's economic gains. Too often it seems that a developer, having speculated on a portion of land decides to make that land a source of personal financial windfall at the expense of people such as us. Why must developers always win and little guys always lose? It seems to many of us, not only in this neighbourhood but also within this region, that this particular land area provides us with a unique opportunity to maintain a "Green Belt As we see it, this portion of land surrounding Thundering Waters should remain a "Green Zone This would be very much in keeping with the Green Zones along River Road and similar areas just above the Falls area. It already seems that we have many tall buildings not far from this location. The verdict regarding the benefits of these buildings is not out yet as to their future impact on climate change. In fact those of us living in this area can still read signs indicating "Ice Freezing Zones" as far away from the Falls as Dorchester Road. Yet, as this summer's weather will attest, our local weather pattern is dramatically changing. Will killing more trees and destroying nature's own, positively help to moderate our climate and provide us with healthier way of life? At a time when climate change, planting trees, and the need for "Green Zones" occupy our media coverage and our collective conscience, why would we embark on building 110 single detached and townhouse building units in addition to the 10 story apartment on a swatch of Green" that can easily be set aside for nature's own so that it can continue to be enjoyed for years and generations to come. Surely, there must be land elsewhere that is barren and not so close to the immediate and local natural attractions that the Falls presents us. Why can't we see to it that this land in close proximity to the Falls remain "Green What benefits will this development provide for us or for future generations? We ask that the relevant "Planning Amendment Application" as indicated above, be rejected. We recommend that this portion of Green Belt be left as such a Green Belt. As more of us look for places to live and grow, why must all available and pristine habitats be destroyed for the almighty buck? July 30, 2007 Director of Planning Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 !anning I Y, canned F .204in' 9 4l- 3 av RE: City File AM- 38/2006 6000 Marineland Parkway Official Plan and Zoning By -law Amendment Application To whom it may concern: I am writing this letter to express my opposition to this proposed amendment. I purchased my home at 6106 Wildrose Cres in 2001. One of the main reasons for purchasing this home was that it backed onto a wooded area. As you are well aware, the land behind my home was converted to what is now Thundering Waters Golf Course. As a result of this change, the tree line was thinned substantially and the view altered. The saving grace was that the land is at least well manicured and maintained. To their credit, despite a clear disregard for noise bylaws, they have done a wonderful job. Recently, however, I received a notice in the mail, which informed me of a plan to build an expansive residential area along what is currently the tree line behind my home. The plan calls for rows of housing stretching the entire length of that property as well as more rows of housing and a ten story building on the far side. The scale of this project brings into question the motive, and the original intentions of the developer. It would appear as if the golf course was simply a way to facilitate the construction of a large housing development. It is worthy to note that the only correspondence I received during the planning of the golf course was a letter with an aerial photo of the land with super- imposed greens and fairways. There was no indication of future housing or any provision what so ever for alternate use of the land in that original correspondence. Had I (and I can safely speak for other residents as well) been made aware of this in the beginning, I would have altered my decision process or at least had measures put into place to protect my long -term interests. As a result of this somewhat opaque method of converting the land to a residential housing, the market value of my property will likely plummet. This leaves me with the following questions: did the city have knowledge of this at the onset and if so why wasn't it clearly communicated? How will we be compensated for the decrease in the value of our homes? Is there any oversight, or control mechanism in place to prevent `back door' (for lack of a better term) development practices? What impact will this have on traffic, services, infrastructure requirements and who will ultimately pay for it? RECEIVED JUL 312007 PLANNING DEVELOPMENT I can not help but feel as if this change would allow new residents to slide in and reap the financial and intrinsic rewards of backing or fronting onto a wooded/manicured area, while the original home owners watch as their good will, patience, and property values fall off the map. In closing, I do not agree with this proposal, and object to any rezoning of this property. Sincerely, C 2/ Carlo Robazza 6106Wildrose Crescent Niagara Falls, ON L2G 7T3 July 30, 2007 Director of Planning Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: City File AM- 38/2006 6000 Marineland Parkway Official Plan and Zoning By -law Amendment Application To whom it may concern: I am writing this letter to express my opposition to this proposed amendment. I don't begin to understand the legalities and intricacies of such an application and wish I was more knowledgeable in this area to increase my chances of having this application denied. I am a homeowner who is directly affected by this application. I purchased my home at 6084 Wildrose Crescent over nine years ago because I would never have rear neighbours. I did not raise a fuss when the golf course was proposed and built. I endured, along with the neighbours the aggravating noises at all hours during construction. I continue to endure their lack of respect for the noise by -laws while they are cutting their grass and using their leaf blowers in the wee morning hours. I did not complain about the destruction of the Carolinian forest, when they left only a minute tree line in place. I will not idly stand by while this proposed amendment will decrease my property value, and destroy what is left of the pleasurable view and benefits of having no rear neighbours. It must be nice for this company to have so many millions of dollars that they can throw away by tearing out the golf course they just built to move it over. The answer is simple, if they want to build housing... build it on the other side of the already in established golf course and leave the residents on Wildrose Crescent and Crimson Road alone! Sincer y, Larry Monaghan 6084 Wildrose Crescent Niagara Falls, ON L2G 7T2 RECEIVED JUL 312007 PLANNING DEVELO MENT July 30, 2007 Director of Planning Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: City File AM- 38/2006 6000 Marineland Parkway Official Plan and Zoning By -law Amendment Application To whom it may concern: Planning Scanned File: Z Dit irl� i9 3 g /,z ooG I am writing this letter to express my opposition to this proposed amendment. I don't begin to understand the legalities and intricacies of such an application and wish I was more knowledgeable in this area to increase my chances of having this application denied. I am a homeowner who is directly affected by this application. I purchased my home at 6084 Wildrose Crescent over nine years ago because I would never have rear neighbours. I did not raise a fuss when the golf course was proposed and built. I endured, along with the neighbours the aggravating noises at all hours during construction. I continue to endure their lack of respect for the noise by -laws while they are cutting their grass and using their leaf blowers in the wee morning hours. I did not complain about the destruction of the Carolinian forest, when they left only a minute tree line in place. I will not idly stand by while this proposed amendment will decrease my property value, and destroy what is left of the pleasurable view and benefits of having no rear neighbours. It must be nice for this company to have so many millions of dollars that they can throw away by tearing out the golf course they just built to move it over. The answer is simple, if they want to build housing... build it on the other side of the already in established golf course and leave the residents on Wildrose Crescent and Crimson Road alone! Sincerel Tracey Msnaghan 6084 Wildrose Crescent Niagara Falls, ON L2G 7T2 RECEIVED JUL 31 PLANNING DEVELOPMENT jig Planning Scanned File: Dear Mr. Doug Darbyson, ;f,� —3 VA-a& My name is John Kempt. My wife and 1 live at 5988 Crimson Drive. We have lived here since July of 1989. When we moved into our house, the subject land was a railroad yard. It could be quite noisy at night due to the coupling and uncoupling of train cars. This was okay because we knew about the yard prior to buying. There were no surprises. After the yard was closed down, a notice came about a proposed golf course. This course included thirty six holes and a large club house with an entrance off of Oldfield Road. A buffer was promised between the hydro right of way and the course of approximately one hundred feet. This was to prevent conflict between the golf course and the home owners. A new proposal was sent out with a smaller course and no club house. The buffer zone was still included. During construction of the course, more trees were removed, limiting the buffer zone to approximately twenty feet. This was okay because there was still enough cover to prevent seeing the golf course. Later, a club house was constructed with no notice. This spring, Hydro One relocated their high voltage line forty feet north of their existing line. Again, no explanation was given. When I received the proposal on July 27th, the reason for this move became apparent. The letter dated July 23rd states that the developer intends to build a residential development, including single family dwellings, town houses, and, a ten storey appartment building. This will require the removal of hundreds of mature trees, thus eliminating the buffer between the golf course and the right of way. My wife and 1 find this plan totally unacceptable. When we moved in, the forest provided shelter for many deer, coyote and rabbit. Now, this wild life is gone, and soon the trees will also be gone. This is a far cry from the developers first draft. if this development was mentioned in the first draft, there would have been much more opposition. 1 have no objections to the developer proceeding with a residential development. it is the removal of the trees and the height of the appartment building that we find objectionable. In light of global warming, I would hope that the city would take a hard look at the removal of such a large area of mature trees. Sincerely, John Kempt �y e RECEIVED JUL 312007 PLANNING DEVELOPMENT N iagara f Region PLANNING AND DEVELOPMENT July 27, 2007 Mr. Rick Wilson Planner 2 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: REGIONAL REVIEW Regional Planning Building Community. Building Lives. The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905 -641 -5208 E -mail: plan @regional.niagara.on.ca D.11.M.11.24 Planning Scanned File. Su h c✓` a /s:o,� a 6 6- D- 2-0,5 RECEIVED AUG 0 12007 PLANNING DEVELOPMENT Re: Applications to Amend the Official Plan and Zoning By -law and for a Draft Plan of Vacant Land Condominium Thundering Waters Village File: 26CD -11- 2006 -05 Fallsview Golf Inc. West Side of Drummond Road, south of Marineland Parkway (Regional Road 49) City of Niagara Falls These applications propose the conversion of part of the existing Thundering Waters Golf Course into residential uses comprised of 74 single detached, 35 townhouse and 150 apartment dwelling units on approximately 10.33 hectares (25.52 acres) of land. Supporting information submitted with the applications includes a Planning Report, Sensitive Land Use Study, Environmental Noise and Vibration Impact Study, Preliminary Environmental Report, Services Demand Brief and Traffic Impact Analysis. Regional Planning previously provided some preliminary comments to the City on the original plan submitted for this development. The current proposal has incorporated several revisions such as a smaller area for residential use with fewer dwelling units and a change in the housing mix. The following Provincial and Regional planning comments are provided for your consideration. These lands are within the Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A full range of land uses and residential densities are promoted in Urban Areas. Further, Regional policies encourage the conversion of existing uses to more appropriate uses that contribute to an efficient, attractive and safe urban environment. The subject lands were redesignated and rezoned to facilitate the golf course development in 2003. The conversion of part of the golf course for residential uses should provide an interesting residential community that can meet changing lifestyles. The City, however, must also consider how this will fit into the broader area that includes two industrial districts. A recent application to redesignate the adjacent industrial area west of Drummond Road to Residential has been submitted. This is being reviewed by the City in conjunction with a comprehensive land use needs assessment for the community that will be further considered through the growth strategy being undertaken for the Niagara Region. If these adjacent lands are redesignated for residential purposes there 2 will be a greater opportunity for long term compatibility. The preparation of a Secondary/Neighbourhood Plan for the overall area would be beneficial for guiding orderly development and to achieve a desirable land use pattern. If these lands remain designated for industrial activities, other measures will be necessary to ensure that future residents in the Thundering Waters Village development will not be adversely affected and to avoid land use conflicts that could undermine the long term viability of the industrial district. This is discussed further under our Provincial Review comments in association with Ministry of the Environment land use compatibility guidelines. The Planning Report submitted with the application makes reference to the Region's Model Urban Design Guidelines that support Smart Growth principles. These are intended to assist local municipalities in adopting their own design guidelines to fit the local context, not for the review of individual planning applications. However, Regional Planning staff agrees that the proposed development will contribute an improved supply of housing variety and choice to meet changing market conditions. This is an important objective of housing policies contained in the Regional Policy Plan. The Region's Environmental policies, adopted by Regional Council but not approved by the Ontario Municipal Board, do not designate the subject lands as part of the Regional Core Natural Heritage System. An environmental impact study and tree preservation plan were prepared, as required in Official Plan Amendment 46, to address the protection of locally significant wetlands and woodlands that existed on the property when the golf course development was approved several years ago. In addition, an exception to the Region's Tree Conservation By -law was previously granted to permit trees to be removed prior to final approval of the site plan for the golf course. The current development plan will convert several golf holes into a condominium housing complex. This does not appear to have any direct impact on the locally significant wetland areas that were previously identified to be protected. Approximately 50% of the original tree cover was to be protected through the approved site plan for the golf course layout. However, the proposed development will result in a significant loss of tree cover as indicated in the "Preliminary Assessment" conducted November 7, 2006 by Lisa Campbell (L. Campbell Associates). Greater effort should be made to protect existing wooded areas and to replant trees in the vicinity of the proposed dwellings and /or adjacent fairways. This can be included in the Tree Saving Plan that will be necessary as a condition of draft plan approval as required in accordance with the Region's Tree and Forest Conservation By -law. No trees should be removed until this plan has been submitted and approved. Regional Public Works The Regional Public Works Department has several matters that need to be addressed as outlined below. A Regional watermain and sanitary sewer traverse the golf course within a registered easement. No connection to Regional services is allowed and no development or encroachments are permitted within the Regional easement that may restrict access or disturb Regional services. Further, the developer will be responsible for any costs if existing manholes are required to match changes to existing grades. The developer should submit plans for the design and layout of services, lot grading and landscaping to the Regional Public Works Department for review as a condition of draft plan approval. The Region provides curbside waste collection for condominium developments in accordance with the Region's "Collection of Waste by Way of Entry on Private Property" policy. This requires, among other matters, that the internal driveway is designed to permit waste collection vehicles to safely turn around. The final plan of condominium should be submitted to the 3 Regional Public Works Department to confirm that the internal road layout will comply with Regional waste collection requirements. Applicable conditions of draft approval for Regional Public Works are included in Appendix 1. Provincial Review Decisions on planning applications must be consistent with Provincial policies and conform to Provincial plans. In accordance with our role to review development applications on behalf of the Province, the following comments are provided based on policies contained in the Provincial Growth Plan and the Provincial Policy Statement that are most applicable to this application: a) Urban Settlement The Provincial Growth Plan and the Provincial Policy Statement support development in urban settlement areas that can accommodate more efficient and cost effective land use patterns. The proposed redevelopment of part of the golf course lands for housing meets these objectives. The intensification of built -up areas is also an important principle for managing urban growth and to meet targets to be achieved under the Growth Plan. The apartment and multiple attached dwellings planned for this development may provide some opportunity for more affordable forms of home ownership and could also meet needs for changing lifestyles in the community. b) Servicing and Stormwater Management The development will be connected to full municipal services that exist in the area. As these services will be privately maintained by the condominium corporation, approval from the Ministry of the Environment is not necessary. The City should, therefore, be satisfied that there is adequate capacity in the local sewer and water systems to handle this development. A stormwater management plan was previously approved for the golf course development. A new stormwater management plan will be necessary to provide lot grading and drainage plans with water quality and quantity controls and confirmation that existing stormwater facilities on the golf course property can adequately handle increased runoff expected from the residential development. This will be reviewed by the Niagara Peninsula Conservation Authority on our behalf. c) Land Use Compatibility The site for residential development is adjacent to two industrial districts. One is situated to the east toward Stanley Avenue and the other is to the west of Drummond Road. A Canadian Pacific (CP) rail line is also near the southerly limit of the subject lands. The Provincial Policy Statement (policy 1.7) indicates that long term economic prosperity should be supported by planning for the design, buffering and /or separation of major facilities (i.e. industries, rail lines etc.) from sensitive residential uses. This is necessary to prevent adverse effects due to possible contaminants (Le. odour, noise, dust) and to minimize or prevent possible risks to public health and safety. It is also important to avoid potential conflicts that could impact on the future economic viability of an industrial area. The Provincial Growth Plan further emphasizes the need to preserve appropriate employment areas and, more specifically, has included Niagara Falls in an important "Gateway Economic Zone" expected to support increased opportunities for economic development near the Niagara- United States border. The applicants have submitted a Sensitive Land Use Study and an Environmental Noise and Vibration Impact Study, prepared by Senes Consultants Limited (dated June 2007), in support 4 of the planning applications. The Sensitive Land Use Study provides an assessment of existing industrial activities and potential development in conjunction with land use compatibility guidelines (D -6) of the Ministry of the Environment (MOE). The Study indicates that there will be minor impacts to the west near Drummond Road and significant potential impacts to the east. Further, conclusions state the proposed residential development will put some restrictions on future industrial development but that the proposal is compatible. Regional Planning staff has concerns with these conclusions as there is no detailed explanation provided nor is there any mitigation measures recommended to preclude possible land use conflicts. The Light Industrial (LI) zone applicable to the lands west of Drummond Road currently allows industrial activities that may be categorized as Class 2 industries that would necessitate a 70 metre setback based on MOE guidelines requiring the "worst case scenario Also, the Study does not acknowledge the special zoning previously approved by the City for Chemtrade Logistics, at Drummond Road and Oldfield Road, that is more conducive to a Class 3 industry in which case a 300 metre setback is normally recommended. It is recognized, however, that this industrial area is currently being considered for redesignation to "Residential" under separate planning applications. This could resolve any potential long term compatibility concerns. In the event these lands remain designated for Industrial purposes it would be desirable to rezone the west side of Drummond Road to only allow more compatible transitional uses or suitable alternatives to effectively separate the proposed residential development from the industrial area. Under MOE guidelines for Class 3 industries, the recommended separation distance from the Heavy Industrial (HI) Zone to the east (Stanley Avenue industrial area) is 300 metres. Part of the residential proposal at the east side does not meet this provision. MOE guidelines allow Tess than this setback for redevelopment where mitigation measures are applied and where it is demonstrated that adjacent industries have no objections. The Environmental Noise and Vibration Impact Study submitted by the applicants assessed potential conflicts at the east side of the property, adjacent to more intensive industrial operations, and concluded that noise levels are below MOE limits. Also, the CP rail line only provides monthly service to one industry and is expected to be abandoned in the near future. However, more detailed consideration of mitigation measures should be given. Regional Planning staff is of the opinion that the residential development can be compatible with the adjacent industrial lands, however, there needs to be a more detailed evaluation of setbacks, buffers, building design, phasing and related land use controls to confirm how this can be achieved. Therefore, the Official Plan amendment should include a special policy requiring detailed consideration of land use compatibility with a Holding Zone included in the amending Zoning By -law to this effect. A more detailed review of the submitted studies and related development plans will be completed through a condition of draft approval and implemented through the condominium agreement between the City and the developer. d) Natural and Cultural Heritage Resources There are no Provincially significant natural heritage features on or immediately adjacent to the subject lands that have been identified by the Ministry of Natural Resources. In addition, the site exhibits a low probability for the discovery of cultural heritage resources given the location of the property and the fact that there are no known registered archaeological sites in the vicinity. Conclusion In conclusion, Regional Planning staff has no objection to draft approval of the draft plan of condominium or the proposed amendments to the Official Plan and Zoning By -law from a Regional or Provincial planning perspective, subject to the conditions of draft approval included in Appendix 1. In particular, land use compatibility between the adjacent industrial districts and the proposed residential land uses must be given further consideration and referenced in site specific amendments to the City's Official Plan and Zoning By -law as generally provided in Condition 1. Mitigation measures will be considered in greater detail with requirements implemented through the condominium and /or site plan agreement(s) for this development. If you have any questions concerning these comments, please contact me for assistance. Please send notice of the City's decision on these applications. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner 5 c: D. Darbyson, City of Niagara Falls W. Stevens, Regional Public Works P. Bond, NPCA B. Ryter, Ministry of the Environment, Hamilton R. Brady, Urban Environmental Management Inc. Councillor W. Smeaton M: \MSWORD \PC \Niagara Falls \NFcondo \Thundering Waters Village.doc Conditions of Draft Plan Approval Thundering Waters Village Condominium City of Niagara Falls File: 26CD -11- 2006 -05 6 Appendix 1 1. The amendment to the City of Niagara Falls Official Plan include a special policy requiring the amending Zoning By -law to contain a Holding (H) Zone provision to ensure land use compatibility with adjacent industrial districts through a further assessment of industrial operations in the vicinity and a noise and vibration analysis with appropriate mitigation measures determined and implemented to the satisfaction of the Region and the City through the necessary condominium and /or site plan agreement. 2. That the draft plan of condominium comply with the Regional Municipality of Niagara's "Collection of Waste by Way of Entry on Private Property" Policy (PW 2.W07) and that the owner enter into an Indemnity Agreement with the Region to the satisfaction of the Regional Niagara Public Works Department. 3. That servicing and lot grading plans, including the location of Regional services and easements on the property, be submitted for review to the satisfaction of the Regional Public Works Department. 4. That a Tree Saving Plan be prepared, including areas to be replanted, in accordance with the Regional Tree and Forest Conservation By -law No. 47 -2006 and implemented through the condominium agreement and /or site plan agreement. 5. That prior to approval of the final plan or any on -site grading, the owner submit to the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the condominium and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991: a) Detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and, b) Detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Planning and Development Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional Planning staff. 6. That the subdivision agreement between the owner and the City of Niagara Falls contain provisions whereby the owner agrees to implement the approved stormwater management plan required in accordance with Condition 6 above. L -P3 NIAGARA PENINSULA CONSERVATION A U T H O R I T Y 25o Thorold Road West, 3rd Floor Tel (9 7 Welland, Ontario L3C 3W2 Fax (905) 788-1121 E -mail: npca @conservation niagara.on.ca January 26, 2007 File MPR 4.18 Mr. Rick Wilson Planner II City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Subject: Villas at Thundering Waters 26CD -11- 2006 -05 Your File AM- 38/2006 Via Fax The NPCA had provided preliminary comment to you via e-mail dated December 16, 2005. As discussed with you, those comments were provided for your pending preliminary meeting and without the benefit of a site inspection by Authority staff. Subsequent to those preliminary comments, Authority staff has had the opportunity to,walk the site and surrounding area. The following formal comments are now offered for your consideration. Wetland mapping provided by the MNR indicates that the majority of the subject lands have been identified as being part,of the Niagara Falls Woodlot #1 Locally Significant Wetland Complex. However, subsequent to a site visit conducted by the NPCA, it has been determined that the subject lands no longer exhibit a vegetation cgrnmunity indicative of a wetland. Therefore, the NPCA has determined that the proposed residential development will not significantly impact any remaining wetland features on the subject lands. With respect to the stormwater management information provided, the NPCA offers the following comments on behalf of the Region of Niagara, pursuant to our memorandum of understanding for review services. The Niagara Peninsula Conservation Authority has reviewed the `Services Demand Brief' (dated August 28, 2006) by'Hallex.Engineering Limited as submitted in support of the above noted development. The NPCA will require that stormwater quality controls be implemented in order to treat stormwater runoff from the proposed development to a Normal standard prior to discharge from the site. The NPCA will also require confirmation that downstream lands will not be negatively impacted by increased peak flows (up to the 100 year design storm event) generated t ent. 111 11 RECEIVED JAN 3 12007 PLANNING DEVELOPMENT The NPCA will require that detailed grading, storm servicing, construction sediment control, and stormwater management drawings (and calculations as required) be submitted to this office for review and approval prior to construction in order to confirm that these requirements can be met. The Region of Niagara my have additional comments in this respect. Your's truly, Paul Bond Senior Watershed Planner (ext. 234) PEB 2 cc: Peter Colosimo, Regional Niagara Planning and Development Dept. (fax 905 641 -5208) September 24, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niagara Falls Re: PD- 2007 -80 26CD -11- 2007 -04, Draft Plan of Vacant Land Condominium 2700 Mewburn Road (South of Mountain Road) Owner: Klein Building Company Limited PD- 2007 -80 1. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The applicant proposes to register a Vacant Land Condominium over the 0.979 hectare (2.419 acre) site to create vacant units (ie. lots) for the future construction of 26 townhouse dwelling units 18 units with access from a private driveway and 8 units with direct access to Mewburn Road. The property is located on the east side of Mewburn Road, south of Mountain Road (see Schedule 1). The proposed plan layout is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit of land in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. 0 Queen Street, P.O. ox 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development September 24, 2007 2 PD- 2007 -80 Planning Process This development has proceeded through a previous planning approval and consultation with the public. The land was subject to a public meeting for a rezoning application to permit the development. Zoning By -law No. 2006 -130 was passed by Council on July 10, 2006 to zone the land Residential Low Density, Grouped Multiple Dwellings (R4 -749) with special provisions permitting 28 townhouse units. The by -law was circulated to area residents and no appeals were received. The project has been reduced by 2 units, designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. The vacant land condominium process divides property into "units" of land which are sold much like lots or blocks in a typical plan of subdivision and building permits can then be issued. This process eliminates the need for site plan approval. Revisions to the Planning Act require a public meeting for vacant land condominium applications which is satisfied by tonight's meeting. Conditions of Approval There are site specific issues to be addressed through the condominium application. Approval of plans for servicing, grading /drainage, the private driveway, lighting and landscaping /fencing are required. The approval of the driveway layout and designation of a fire access route through the development are required. The future construction of the townhouse dwelling units will need to satisfy zoning regulations. A condition of approval for cash -in -lieu of parkland dedication is requested to be included in the condominium agreement. Regional Planning requests noise attenuation construction measures and warning clauses to address potential QEW noise impacts. The internal driveway design currently does not meet Regional access requirements for waste collection vehicles and needs to be modified. Canada Post and Bell Canada have requested typical conditions of approval. CONCLUSION: The proposed Draft Plan of Vacant Land Condominium will allow the separate ownership of the land units for the construction of townhouse dwellings in the future. The conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R.Wilson:gd Attach. S: \PDR\2007 \PD- 2007 -60, 26CD -11- 2007 -04, 2700 Mewburn Road Draft Plan of Vacant Land Condo.wpd Doug Darbyson, Director of Planning Development Ed Dujlovic, Exe6utive Director of Community Services MacDonald, Chief Adrr4.inistrative Officer September 24, 2007 3 PD- 2007 -80 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated June 27, 2007, showing vacant land units for 26 townhouse dwelling units as well as common element areas for a private driveway, visitor parking and landscaping. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit all servicing plans including water, sanitary, stormwater, private driveway, lighting, lot grading and drainage to the Municipal Works Division for review and approval. 5. The developer submit servicing plans indicating driveway dimensions and the location of fire hydrant(s) to the satisfaction of Fire Services. 6. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property. 7. The developer pay the City cash -in -lieu of 5% parkland dedication. 8. The developer submit a landscaping and fencing plan for the review and approval of the City including the streetscape treatment along Mewburn Road and the design details and locations of any garbage enclosures. APPENDIX Conditions of Draft Plan of Vacant Land Condominium Approval The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all conditions imposed have been or are to be fulfilled. 10. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). September 24, 2007 4 PD- 2007 -80 11. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 12. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 13. The developer comply with the Regional Municipality of Niagara's "Collection of Waste by Way of Entry on Private Property" Policy (PW2.W07) and enter into an Indemnity Agreement with the Region to the satisfaction of the Regional Niagara Public Works Department. 14. The plan of condominium include a common waste collection pad on the boulevard island in front of Unit 17 to be constructed of concrete with a minimum area of 12 square metres to the satisfaction of the Regional Niagara Public Works Department. 15. The following noise mitigation measures be implemented for the development: a) The dwelling units be constructed with double glazed windows and central air conditioning. b) The following warning clauses be registered on title and included in all offers of purchase and sale: Clearance of Conditions "Purchasers are advised that sound levels due to increasing highway traffic may occasionally interfere with some activities of the dwelling occupants." "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria." Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 10 Canada Post for Conditions 11 12 Regional Niagara Public Works Department for Conditions 13 14 Regional Niagara Planning and Development Department for Condition 15 SCHEDULE 1 Proposed Plan of Vacant Land Condominium 2700 Mewburn Road 26CD -11- 2007 -04 Subject Land K: \GIS_Requests\2007\ Schedules \Condos\2700_Mewburn.map Location Map WOODGATE ST GREEN BOUGHS RD s 1:NTS August 2007 SCHEDULE 2 =ft mtti gt�l lj 0 n o oy h n 6 [9'38 L z�•z� j E viz) N 7184fl3iY 8 3u 0a si �O NO ztp —Lt-___ Niagara Ifft f Region PLANNING AND DEVELOPMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905 984 -3630 Fax: 905- 641 -5208 E -mail: plan @regional.niagara.on.ca August 29, 2007 D.11.M.11.24 Mr. Rick Wilson Planner 2 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Re: Regional and Provincial Review Comments Draft Plan of Vacant Land Condominium File: 26CD -11- 2007 -04 Klein Building Company Limited East Side of Mewburn Road, South of Mountain Road (Regional Road 101) City of Niagara Falls Regional Review a) Planning b) Public Works Building Community. Building Lives. This application proposes a vacant land plan of condominium for 26 multiple attached dwelling units on a 0.979 hectare (2.42 acre) parcel of land. The following Provincial and Regional planning comments are provided for your consideration. These lands are within the Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. The proposal will provide a more compact form of infill development, accommodate an alternative type of home ownership and improve the housing mix in the neighbourhood as supported in Regional policies. The Region provides curbside waste collection for condominium developments in accordance with the Region's "Collection of Waste by Way of Entry on Private Property" policy. This requires, among other matters, that the internal driveway is designed to permit waste collection vehicles to safely turn around. Regional Public Works staff has advised that the proposed layout for the condominium development does not fully comply with Regional requirements. More specifically this relates to waste collection for Units 19 to 21 and 14 to 16. A common waste collection pad must be provided for these units which can be located on the boulevard island in front of Unit 17. This should be constructed of concrete with minimum dimensions equal to 2 square metres per unit (12 square metres total area). RECEIVED AUG 312007 PLANNING DEVELOPMENT Provincial Review Decisions on planning applications must be consistent with Provincial policies. In accordance with our role to review development applications on behalf of the Province, the following comments are provided based on policies contained in the Provincial Policy Statement and the Provincial Growth Plan that are most applicable to this application: a) Urban Settlement The proposed condominium plan will accommodate an infill development which is promoted in the Provincial Growth Plan and the Provincial Policy Statement as a way to have more efficient and cost effective land use patterns. The intensification of built -up areas is also an important principle for managing urban growth and to meet targets to be achieved under the Growth Plan. Multiple attached dwellings planned for this development could also provide the opportunity for a more affordable form of home ownership. b) Servicing and Stormwater Management The development will be connected to existing municipal services that will not require approval from the Ministry of the Environment. Storm drainage can be handled through lot grading controls and proper engineering techniques in a lot grading and drainage plan without the need for a detailed stormwater management plan. Lot grading and drainage plans should be prepared to the satisfaction of the City. c) Land Use Compatibility d) Natural and Cultural Heritage Resources 2 The site is situated approximately 165 metres (550 feet) from the Queen Elizabeth Way. Policy 1.7.1(e) of the Provincial Policy Statement requires that sensitive residential land uses be separated from major transportation corridors to prevent any potential adverse effects. Ministry of the Environment guidelines suggest that a detailed noise study be undertaken for proposed development within 250 metres of a Provincial highway. However, this may vary depending on individual site specific conditions. In this instance the subject property is across from vacant lands that are directly adjacent to the highway. A detailed study of noise levels and an appropriate noise barrier will be necessary for the future development of these adjacent lands which will provide mitigation to reduce adverse impacts on the subject property. The separation distance of this property from the highway; existing development to the north and south; and proposed privacy fencing along the property line will also provide some relief from traffic noise. Therefore, in lieu of a noise impact study for the proposed condominium plan, Regional Planning staff would recommend that dwellings be constructed with central air conditioning and double glazed windows and that warning clauses be registered on title to advise future residents of potential traffic noise impacts as provided in conditions of draft approval attached as Appendix 1 There are no natural heritage features on or near the subject lands. Further, the site exhibits a low probability for the discovery of cultural heritage resources given the location of the property and the fact that there are no known registered archaeological sites in the immediate vicinity. Conclusion In conclusion, Regional Planning staff has no objection to draft approval of the draft plan of condominium from a Regional or Provincial planning perspective subject to the conditions of draft approval included in Appendix 1. If you have any questions concerning these comments, please contact me for assistance. Please send notice of the City's decision on this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner 3 c: Mr. W. Stevens, Regional Public Works Mr. K. Klein, Klein Building Company Ltd., 6279 Huggins St., Niagara Falls, ON L2J 1H2 Mr. A. Heywood, Matthews, Cameron, Heywood Surveying, 5233 Stanley Ave., Niagara Falls, ON L2E 7C2 M: \MSWORD \PC \Niagara Falls \NFcondo \MewburnRdKlein.doc Conditions of Draft Plan Approval Mewburn Road Condominium City of Niagara Falls File: 26CD -11- 2007 -04 4 Appendix 1 1. That a clause be included in the condominium agreement requiring this development to comply with the Regional Municipality of Niagara's "Collection of Waste by Way of Entry on Private Property" Policy (PW 2.W07) and that the owner enter into an Indemnity Agreement with the Region. 2. That the plan of condominium include a common waste collection pad on the boulevard island in front of Unit 17 to be constructed of concrete with a minimum area of 12 square metres to the satisfaction of the Regional Niagara Public Works Department. 3. That the following noise mitigation measures be implemented for the development: a) That all dwelling units be constructed with double glazed windows and central air conditioning; b) That warning clauses be registered on title and included in all offers of purchase and sale, as follows: "Purchasers are advised that sound levels due to increasing highway traffic may occasionally interfere with some activities of the dwelling occupants." "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria" 08/23:200 08:35 FAX 905 946 6242 Hydro One Networks Inc. Real Estate Services Land Use Planning P.O. Box 4300 Markham, ON 1.3R 5.5 Dear Sir/Madam: Re: R W :tc Attach. RECEIV PLANNING.. DEVELOPMENT`: Der: Sonior P.er,i r:.st4te C&:;ri!silator ?ne Ni?tw„rks loc. HYDRO ONE August 3, 2007 1 Circulation of Draft Plan of Vacant Land Condominium File 26CD -11- 2007 -04 2700 Mewburn Road (South of Mountain Road) Owner: Klein Building Company Limited City of Niagara Falls Planning File. 1 Q1 n-- L Laura Giunta. H dro Qne The attached vacant land condominium application has been submitted to the City of Niagara Falls. Please review this application with regard to the plans and activities of your agency and provide comments to the City. If modifications to the plan are recommended, please indicate the changes on a copy of the plan and return it to the City. The wording for any requested conditions of draft approval should be provided with a brief explanation of the reasons for the conditions and the jurisdiction or mandate under which the request is based, If your agency prepares a report on this application, please send the City a copy. The City has set a 21 -day time limit for receipt of comments on this application. This commenting period may be extended 10 days if requested in writing prior to the 21 days having elapsed and stating the reasons the extension is necessary. If the City does not receive your agency's comments or a request for an extension of the review period before August 24, 2007, staff may interpret this as your approval of the plan as submitted. I fyou have any questions or require additional information, please contact Planning Development, wo review i the rlppticalion concomIng thl3 sc:i.:rSivisi n cOii lomin1Jm i ^,ropoIRO. Hydro Ono has NO OEUEEGTION ti: poncipio lo ttN. prbpooid plan as pvownily laid out PIoaso be advise,; .hr; ;,o ;:ctrr;sp Zdfnco is retl;.4r(xi oncE ?ming this stityi :viis';:.'r' /:,nfi,: MinKrm ours truly, Working Together to Serve Our Community oug Darbysbn irector of Planning and Development 10001/001 Community Services Departmen Planning Development Exi 4230 Fax 905.356 -2354 ddarbyson @niagarafalls.ca 11 Achieving Success Together 191 Carlton Street, St. Catharines, Ontario L2R 7P4 (905) 641 -1550 Fax: (905) 685-8511 Mr. Doug Darbyson, Director of Planning Development City of Niagara Falls, P.O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: August 16, 2007 Re: 2700 Mewburn Rd Draft Plan of Vacant Land Condominium File No. 26C D -11- 2007 -04 The above noted draft plan of condominium has been reviewed by the planning staff of the District School Board. As a result of this review, staff has recommended that the City of Niagara Falls be advised that the Board has no objection to the 2700 Mewburn Rd draft plan of condominium. It is anticipated that future students from the development property would be accommodated at Martha CulIimore PS (gr. JK -6), Prince Philip PS (gr. 7 -8) and A.N. Myer SS (gr. 9 -12). Yours truly, Bob Crawford Manager, Planning Transportation Planning &mint RECEIVED AUG 2 0 2007 PLANNING DEVELOPMENT d \e` September 24, 2007 PD- 2007 -79 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araflalls CANADA Re: PD- 2007 -79 26CD -11- 2007 -02, Draft Plan of Condominium Royal Manor Apartments 7014 Royal Manor Drive, 5521 5541 Dorchester Road Owner: 1194118 Ontario Inc. (Rob Mills) RECOMMENDATION: 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: The applicant proposes to convert the existing 38 -unit rental apartment complex to a condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by all the condominium owners. The property is on the west side of Dorchester Road and southwest side of Royal Manor Drive, south of Highway 420 as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff provided notice of this Council meeting to consider the application to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants regarding the proposed condominium conversion. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Community Services Department Working Together to Serve Our Community Planning Development September 24, 2007 2 PD- 2007 -79 Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominium when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2006. The data indicates a vacancy rate of 5.1 for all surveyed apartment units in Niagara Falls. The subject land is within the designated "core" area of the City where the overall vacancy rate is even higher at 5.9 The CMHC figures exceed the Official Plan three percent vacancy rate threshold and have risen from a total City rate of 2.7 in 2005. Relatively low mortgage rates continue to encourage many tenants to enter the home ownership market which in turn opens up rental apartment units for occupancy. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The apartment complex contains two bachelor units, 22 units with 1- bedroom, 13 units with two bedrooms and one 3- bedroom apartment. The applicant estimates that the selling prices for the proposed condominium units will range from approximately $75,000 to $130,000. These prices would provide additional affordable housing within the City. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected a vacancy rate of three percent or more is considered desirable for a healthy rental market. Regional Planning staff note that throughout the major urban centres of Niagara the vacancy rate is 4.3 for all apartment units. The Region is not opposed to the conversion of these apartment units given the vacancy rate in the area. Site Assessment This apartment complex was constructed approximately 30 years ago in compliance with Zoning By -law provisions in place at that time. Currently, the property is zoned Residential Apartment 5B Density (R5B) through Zoning By -law No. 79 -200. The development has legal non conforming status regarding zoning provisions since it existed prior to the passage of the by -law. Compatibility has been established over the years. However, the condominium conversion process provides the opportunity to achieve site improvements in keeping with current development standards and formally recognize acceptable zoning deficiencies. September 24, 2007 3 PD- 2007 -79 The apartment development has approval for 35 units (the original construction of 32 units and an addition of 3 units permitted through a variance application File A- 108/89). The applicant acknowledges that a further 3 units have been established in the buildings without municipal review and approval. These illegally- constructed units also raise concern regarding requirements of the Ontario Building Code. Regardless of rental or ownership, compliance with zoning and construction safety standards for these units is necessary. The existing development provides 49 parking spaces for the 38 apartment units. The current by -law would require 53 parking spaces. The applicant previously submitted a plan that proposed 4 more parking spaces along the entrance driveway to satisfy the zoning requirement. However, new parking is not recommended in this location due to traffic conflicts and the need to remove mature trees. The property is on a transit route and near shopping and the applicant advises of no parking problems. These zoning by -law deficiencies with respect to the number of units and parking spaces and other issues such as existing building setbacks should be addressed through a minor variance application. The Ministry of Transportation has jurisdiction over the intersection and has no concerns with the application. Regional Planning requests that a warning clause be included in the condominium agreement regarding potential Highway420 noise impacts. The designation of a fire access route through the site may be required. This development is within a registered plan of subdivision from 1914 prior to typical parkland requirements. Cash-in- lieu of parkland dedication is requested as permitted by the Planning Act. CONCLUSION: The proposed conversion of the existing apartment development to condominium ownership can be supported. The rights of the current tenants will be safeguarded through the requirements of the Residential Tenancies Act. The condominium will provide additional affordable priced units to the housing market. The requested conditions of approval are listed in the Appendix. R.Wilson:gd Attach, Recommended by: oug Darbyson, Director of Planning Development Approved by: C._ Ed Dujlovic, Ex4utive Director of Community Services Respectfully submitted: o n MacDonald, Chief Administrative Officer S: \PDR\2007 \PD- 2007 -79, 26CD -11- 2007 -02, Royal Manor Apartments Draft Plan of Condominium.wpd September 24, 2007 -4 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Royal Manor Apartments Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Limited, stamped received on September 12, 2007, showing 2 apartment buildings containing a total of 38 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer obtain final approval from the City's Committee of Adjustment for variances to recognize any zoning by -law provision deficiencies for the property (e.g. number of units, number of parking spaces, building setbacks). 5. The developer submit information verifying compliance with the Ontario Building Code for the extra units in the apartment complex or undertake any necessary alterations to the satisfaction of the Building Division. 6. The developer submit a landscaping plan showing existing and proposed trees, plantings and fencing for the review and approval of Parks, Recreation Culture. 7 The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 8. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw land value of the property. 9. The developer provide five copies of the pre- registration plan to Planning Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. 10. The Condominium agreement and all Offers of Purchase and Sale contain the following noise warning clause: "Purchasers /tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Ministry of the Environment's noise criteria." Clearance of Conditions Regional Niagara Planning and Development Department for Condition 10 PD- 2007 -79 Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the Region indicating that their respective conditions have been satisfied: Proposed Plan of Condominium Royal Manor Apartments 26CD -11- 2007 -02 Subject Land K: \GIS_Requests\2007\ Schedules \Condos \7014_RoyalManor.map SCHEDULE 1 Location Map s 1:NTS September 2007 SCHEDULE 2 0 Nri 55yy y y 716E; aci;epwa o 6 it 4 26 N �d N 0£'69 L O E \3 z O m� mm Z 0 \N y Co 1\Z\\ J pDOel q) ,59' 1 Z M „00,LO.ZN 401 ON (WON 1VN010321 (68)666 .60)6803) 911 -Oa NVId 12(VM� 6 Z,£ 41' 1 M „b O ti£ al Ze A 94'4Zl M „0£,90.11\1 cL JalsaL{a.aoG 13 x3„165:3 of '81K) fi9 -ass 'l lava 09 M „0 ,££.Z 9 1 023 NVI laVd 71bS M „0£,90.1N 0 6) 0 CO v C`4 M) 6) h 0 Co m Z -1 Pm Canadian Societe Cancer canadienne A LI Society du cancer Proclamation request letter NIAG. FALLS CLERKS i 91 10142 Sept. 07/07 His Worship Mayor Ted Salci and members of Niagara Falls City Council: Dear Mayor Salci: The Niagara Falls Branch of the Canadian Cancer Society seeks Council approval to declare the month of October as Breast Cancer Awareness Month. By proclaiming October Breast Cancer Awareness Month, you will let the women (and men) touched by this disease in our community know that they are not alone. Thank you, Sincerely Jody Watson, Chair Pink Ribbon Campaign 905- 295 -4620 watsonherbold @cogeco.ca LET'S MAKE CANCER HISTORY LE CANCER: UNE LUTTE A FINIR 1- 888 939 -3333 www.cancer.ca niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 September 6, 2007 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: Re: LIBRARY MONTH PROCLAMATION Canadian Library Month will be celebrated throughout the country during October 2007. The Niagara Falls Public Library requests that City Council proclaim October as Library Month in Niagara Falls. I have enclosed a sample wording of the proclamation for the consideration of Council. This year's theme is "The World at your Fingertips During October the Niagara Falls Public Library is participating in a unique region -wide program, "Niagara Reads Niagara to promote and celebrate literacy, libraries and the world of words with some of Niagara's authors, poets and historians. Everyone is invited to the Victoria Avenue Library on Wednesday Oct. 24 from 7:30pm to 8:30pm to meet the following: Sue Augustine author of: "Turn your dreams into realities When your past is hurting your present" "With wings, there are no barriers "5- Minute retreats for women" Mae Denby editor and John Smeulders illustrator of "Small fox" (children's book), plus their recently published volume of art and poetry Displays /Speakers from: Hannah House and Adolescent's Family Support Services of Niagara Another special event during October is the "Battle of the Borrowed Books Five public libraries along the Niagara River have issued a call to arms to encourage the public to borrow more library books during October in a contest between American and Canadian readers! Arm yourself with a library book and help your country achieve victory in the "Battle of Borrowed Books The public libraries of Youngstown, Lewiston and Niagara Falls, New York will compete against the public libraries of Niagara -on- the -Lake and Niagara Falls, Ontario to see which side of the Niagara River can produce the higher percentage increase in borrowing during the month of October 2007 compared to October 2006. niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 In October 2006 34,559 books, magazines and audio visual materials were borrowed from the American libraries and 63,060 were borrowed from the Canadian libraries. Which side will see the higher percentage increase? Don't let your side down. March to your local library and take aim at a great selection of books on many interesting subjects. The winning side will have bragging rights for many years in this friendly war of words. The five libraries hope to see a 2.5% increase in borrowing in October which will result in over 100,000 library books and other materials in the hands of our residents. Public library cards are issued free of charge to the 170,000 residents in the five communities and there are 778,000 books and other materials available for borrowing. As we commemorate almost 200 years of peace between our two countries, enlist now at your library to strengthen increased reading in our community. These libraries and this month were chosen because the 195th anniversary of the Battle of Queenston Heights is Oct. 13rd. The battle took place in 1812 near Queenston Ontario and was the largest to date in the War of 1812 between the United States led by Stephen Van Rensselaer and the British led by Sir Isaac Brock. Each library will display books about the War of 1812 during October so the the public can have a better understanding of this important conflict. Do your part! Increase your borrowing during October to help readers at the Canadian public libraries achieve victory! We encourage every person to use the public library this month and throughout the year. Sincerely, Joe Longo Chief Librarian C °anadian, Library Mgntiii, October 2007 rites: ©C?8J At Your (F @Ttr �...,1 p s A,R110 l? u aILUC R,.ui RARY WEEK Ostolberf 'U tml to 21 2.1407 SAquugrtedj by the Geeke,ra:tion wo Qt gAtQtlln RUkili;e W ugnleS, LIBRaRIES z_; �•o, n%1 ^n y>ien 1.19.0 1 /nis >elvlen elM)elhkn!!, Declaration WHEREAS Canada's libraries are partners in fostering lifelong earning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS Canada's libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge -based economy; WHEREAS Canadian libraries bolster economic prosperity by providing access to essential decision making information for organizations and businesses; WHEREAS libraries in Canada enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourisl and thrive; THEREFORE, I hereby designate that October 2007 is Library Month Under the theme: Libraries: The world at your fingertips Battle of the L. Borrowed Books during the month of October between the Public Libraries of Niagara -on- the -Lake Niagara Falls, Ontario VS. Youngstown, Lewiston Niagara Falls, New York Five public libraries along -the Niagara River have issued a call to arms to encourage the public to borrow more library books during October in a contest between American and Canadian readers! Arm yourselfwith a library book and help your country achieve victory" in the "Battle of the Borrowed Books The public libraries of Youngstown, Lewiston and Niagara Falls, New York will compete against the public libraries of Niagara -on- the -Lake and Niagara Falls, Ontario to see which side of the Niagara River can produce the higher percentage increase in borrowing during the month of October 2007 compared to October 2006. In October 2006 34,559 books, magazines and audio visual materials were borrowed from the American libraries and" 63,060 were borrowed from the Canadian libraries. Which side will see the higher: percentage increase? Don't let your side down. March to your local library and take aim at a great selection of books .on many interesting subjects. The winning side will have bragging rights for many years in this friendly war of words. The five libraries hope to see a 2.5% increase in borrowing in October which will result in over 100,000 library books and other materials in the hands of our residents. Public library cards are issued free of charge to the 170,000 residents in the five communities and there are 778,000 books and other materials available for borrowing. As we commemorate almost 200 years of peace between our two countries, enlist now att your library to strengthen increased reading in our community. These libraries and this month were chosen because the 195th anniversary of the Battle of Queenston Heights is Oct. 13rd. The battle took place in 1812 near Queenston Ontario and was the largest to date in the War of 1812 between the United States led by Stephen Van Rensselaer and the British led by Sir Isaac Brock Each library will display books about the War of 1812 during October so the public can have a better understanding of this important conflict. Do your part! Increase your borrowing during October to help readers at the Canadian public libraries achieve victory! Niagara Falls Public Library Office of the Mayor Inter Department Memorandum TO: Dean Iorfida DATE: August 27, 2007 FROM: Kristine Speck Ext. 4205 RE: Council Information Hello Dean: Than s, t/V"0 stine Would you please have the attached letter from CUPE regarding a request for a proclamation for October 24, 2007 as Child Care Worker Early Childhood Educator Appreciation Day distributed to council. HMG. RILLS CLERKS '07 0837 1.446 August 24, 2007 To Mayors and Councils, We are writing to ask that you and your Council endorse a day of recognition for the e work providing care to children in your community. Last year many municipalities proclaimed and celebrated this day of appreciation, and it was a great a success. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday October 24 2007 be proclaimed as Child Care Worker Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. This benefit comes from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. Even if your Council does not issue official proclamations, there are many ways for your municipality to participate in and celebrate this special day. In this case, we ask your Council sponsor public announcements, display our posters and distribute pins. Many municipalities also organize events and contests for the day or have Councillors or the Mayor participate in events hosted by child care centres within the municipality. We hope that your proclamation of this day of appreciation, or your active support, will encourage and promote a day of community recognition for child care workers. Please fax the attached order to request posters and pins to help you raise awareness and celebrate. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 24th. Please direct any correspondence to the attention of Kathy Johnson, by mail: CUPE, 305 Milner Ave., Suite 800, Scarborough, ON M1B 3V4, or by fax: 416 292 -2839. Thank you for your consideration. Patrick (Sid) Ryan Fr; sident c:co) 1star si' n c is `z Uni WIner Ave., Suite 801, Scarborouo 4 6 229 0 739 a =ax: 416 29 4 3 Yours sincerely, Sid Ryan, Shellie Bird, President, CUPE Ontario "ONE STRONG VOICE" President, OCBCC MA:COPE 491 Fred Hahn Secretary- Tr &:.rsurer 7 Annual Child Care Worker Early Childhood Educator Appreciation Day October 24, 2007 Resolution Whereas thirty five years of research confirms the benefits of high quality child care for young children's intellectual, emotional, social and physical development and later life outcomes; and Whereas child care promotes the well -being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas recent studies clearly show trained and knowledgeable Early Childhood Educators and child care workers are the most important element in quality child care, and further that good wages and working conditions are associated with higher job satisfaction and morale, lower staff turnover all of which predict higher quality care Therefore Be It Resolved that October 24, 2007 be designated the 7th annual "Child Care Worker Early Childhood Educator Appreciation Day" in recognition of the influence, dedication and commitment of child care workers to children, their families and quality of life of the community. OCBCC Child Care Worker and Early Childhood Educator Appreciation Day October 24, 2007 Materials Request Form Please send the following items; #Buttons #Posters A template Certificate of Appreciation will be automatically sent with each request. To; Name: Tel.# Organization (if applicable): Address: City: Prov. Postal Code: Email Address: PLEASE FAX THIS FORM TO THE OCBCC AT FAX# 416 -538 -6737 OR MAIL TO: OCBCC 489 College St, Suite 206 Toronto, ON M6G 1AS Requests will also be accepted by email at: sue@childcareontario.org PLEASE SEND THIS REQUEST BY OCTOBER 10 Fire Services Inter Departmental Memorandum NMG. RILLS CLERKS 0912 11:12 Nina r FROM: Lee Smith Fire Chief Ext. 2201 TO: Dean Iorfida DATE: September 10, 2007 Director of Council Services City Clerk RE: Fire Prevention Week Proclamation Please arrange to have the attached Proclamation placed on the September 24, 2007 Order of Business. Fire Prevention Week will run from October 7 13 and it is requested that October 13, 2007 be designated as "Fire Service Recognition Day". This year's theme is "It's Fire Prevention Week Practise Your Escape Plan LS:tc Attach. Working Togetber to Serve Our Communitj A D City of Niagara Falls Mayor's Proclamation WHEREAS many dedicated residents have joined with volunteer, professional and industrial fire safety personnel as "Partners in Fire Prevention" in a relentless effort to minimize loss to life, destruction of property and damage to the environment; and WHEREAS fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures; and WHEREAS it is desirable that information on fire causes and recommended preventive measures be disseminated during a specific period of the year; and WHEREAS the 2007 fire prevention theme for this period is "It's Fire Prevention Week Practise Your Escape Plan NOW THEREFORE, I Ted Salci, Mayor of Niagara Falls, do hereby proclaim October 7 -13, 2007 as Fire Prevention Week; and FURTHER, in appreciation of the many services rendered by the members of the Fire Service of Canada, designate October 13, 2007 as "Fire Service Recognition Day and FURTHER encourage all residents to support the many public safety activities and efforts of Niagara Falls Fire Services. Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 RE: Guy Fawkes Night Fireworks Council approved the request last year and there were no complaints or incidents. Last year's memo is included for Council's information. RECOMMENDATION: For the consideration of Council. Niagara TO: His Worship Mayor Ted Salci DATE: September 17, 2007 Members of Council Mr. Mrs. Attee of 7857 Beaverdams Road are once again requesting the right to set off Fireworks in celebration of Guy Fawkes Night, a traditional British holiday. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Request to Set Off Fireworks on Guy Fawkes Night RECOMMENDATION: For the consideration of Council. Municipal By -law 70 -86 is known as a by -law respecting the sale and setting off of fireworks in the City of Niagara Falls. The by -law states the following: 6. (1) No person shall within the City of Niagara Falls set off any firework on any day during the year except (1) on Victoria Day and Dominion Day and the three days preceding each of such days and (2) on the 4th day of July. (b) This section shall not apply to the setting off of fireworks at a fireworks display for which a permit has been issued in accordance with the provisions of this by -law. 7. No person shall sett off any firework in any highway, street, alley, park or other public place in the City of Niagara Falls unless specifically authorized to do so by resolution of the City Council. In keeping with the by -law, you will note the request already on the agenda from the Winter Festival of Lights for the fireworks related to their annual event. Attached is a request from Mr. Mrs. Attree, local residents, who wish to set off fireworks at their residence in celebration of Guy Fawkes Night, a well -known British holiday. Fire Chief Pat Burke has provided comments which are attached. Council's consideration of the request is respectfully sought. Working Togetber to Serve Our CornmunitN Date: October 16, 2006 The City of Niagara Fall Canad .r From: Subject: Patrick Burke 10/13/2006 11:34:31 AM Hi Dean: The objection I would have is a general one. There have been some significant tragedies across Canada related to the purchase and use of "consumer fireworks We have been urging the federal government to ban the sale of fireworks to the public for reasons of the dangers involved. It would be hypocritical of me to say there are no concerns. That being said, to date there is no ban on the purchase and sale of consumer fireworks either federally or locally through by -law. It appears as though this has been an annual event and it would be unfair to prohibit it without notice. One proviso that you may consider is assurance that the fireworks being used are fireworks permitted to be sold in Canada, the test of which is a bilingual label. Pat Thanks Dean Dean Iorfida Re: Fwd: Fireworks Dean Iorfida 10/4/2006 3:07:21 PM Pat: Attached is a request from a resident on Beaverdams wanting to set off fireworks for Guy Fawkes Day (Nov. 5th). Council would have to grant permission. I will put it under communications but wouldn't mind getting a comment from Fire on this. Teresa Fabbro 10/4/2006 3:01:27 PM NI HG. FALLS CLERKS 0717 0952 Clerk of the Corporation of the City of Niagara Falls: RE: Application to make use of Fireworks on Guy Fawkes Day Dear Sir, Mr and Mrs D. Attree 7857 Beaverdams Road Niagara Falls Ontario L2H 1R6 15 July 2007 Hand Delivered In accordance with City of Niagara Falls By- laws) No. 70 -86 as amended by: By -law 73 -104, By -law 73 -198, By -law 81 -65, By -law 88 -321 and By -law 91 -10 we make the following application to you for resolution and approval of City Council: Known colloquially as "Bonfire Night on 5 November each year people around the world celebrate the anniversary of the night that Guy Fawkes' plot to blow up the Houses of Parliament was foiled. The event dates back to 1605 when Fawkes and his conspirators planned to kill King James I and members of the Parliament at Westminster with powerful explosives which is now famously referred to as the "Gunpowder Plot The whole purpose of this celebration is to bring families and friends closer together. We are very conscious of developing and maintaining good relations in our neighbourhood as such we are pleased to say that last year was observed and attended by many of our neighbours. As applicants, our intent is to hold a Fireworks display on our premises: our name and address can be found at the top of this application. Last year City Council vey kindly approved our request to hold our display on Sunday, November 5th 2006. With November 5th this year falling on a Monday evening, we are very humbly requesting City Council also approve us to make use of fireworks on the three days preceding November 5 We offer our assurances that, even with this request being approved, we have absolutely no intent to make use of fireworks on more than one evening. The sole reason for this is to allow some degree of flexibility for the weather implications at that time of year. For the benefit of your published rules and regulations, and as by no means different from the permitted days of the year we can use Fireworks, we intend to discharge them clearly within the boundaries of our own property address as listed above. We would like to add that as very conscious, law- abiding, citizens we are always keen to observe and follow all applicable Local, Provincial and Federal Laws with regards to the safe handing and use of such devices. To this end, that is our level of qualification. Never in our history of using these devices has there ever been an incident. This has always been an annual tradition for our family and we respectfully make our application to make use of Fireworks outside of the nine statutory days each year, being Victoria Day and Dominion Day and the three days preceding each of such days and on the 4th day of July. As mentioned last year, we are prepared to follow all advice, stipulations and requirements that City Council may feel necessary in order to acquire said permit. Please pass on our thanks to all Council members in advance. Yours faithfully, Mr and Mrs Attree Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 Niagaraj1alls 1 NA 1)A TO: His Worship Mayor Ted Salci DATE: September 17, 2007 Members of Council RE: Chemical Spraying of Private Property Attached are a series of e -mails between staff and local resident, Lori D'Ascenzo. Ms. D'Ascenzo is desirous of a by -law prohibiting spraying of chemicals on private property Staff feels this is an honourable issue worth investigating. RECOMMENDATION: Refer to staff and the Park in the City Committee. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Dean Iorfida Fwd: Re: chemical spraying of properties From: Dean Iorfida To: Cynthia Roberts Subject: Fwd: Re: chemical spraying of properties CC: Denyse Morrissey; mediaart@cogeco.ca; Steve Hamilton Lori's e-mail is sufficient for my purposes to bring forward the matter for the Council agenda. I would caution, however, that it would be appropriate to refer the matter to staff for investigation and comment, as well as the Park in the City Committee. As alluded to in one of the e- mails, such attempts at a by -law, re: private property, in other jurisdictions have been fraught with difficulty for enforcement. Also, arguably the environmental friendly policies municipalities have engaged in over the last 20 years, such as recycling and water conservation, have occurred through public awareness and education programs, not necessarily a by -law geared towards enforcement. In addition, emissions issues are better handled by the superior levels of government. Nonetheless, it is a worthy matter to look into. Sincerely, Dean Cynthia Roberts 9/15/2007 11:53 AM Cynthia Roberts 9/15/2007 11 :52 AM Lori, I appreciate your concern and frustration. I will forward your email to Dean Iorfida, City Clerk. He will advise how to bring this issue forward to City Council and will get back to you in the near future. Regards Cynthia Cynthia A. Roberts Manager of Parks Cemetery Services 905 356 -7521, ext. 5300 Fax: 905-354-4721 croberts@nagarafalls.ca "mediaart" <mediaart(&cogeco.ca> 9/14/2007 4:00 PM Thank you for your response, Cynthia Page 1 of 3 How do I go about putting something on the table for council to consider? I publish a natural health directory, so I do have access to reams of studies on the health hazards of these substances. As well, I have first hand experience with theses deadly neurotoxins. In 1986, one of my horses died at a stable about:blank 9/17/2007 Our parks and cemeteries are chemical free with the exception of sports fields. Unfortunately I can not be of further assistance. To my knowledge there is no discussion to enforce a no chemical by -law in Niagara Falls. Please contact me if I can be of further assistance. in Niagara -on- the -Lake from the airborne 'drift over' of chemical pesticides used in spring. Caused irrepairable neurological damage. In the same stable, most of the foals born that year died soon after birth. That is when I first began to understand this stuff is not just toxic. It's lethal. Another of my horses still has huge health issues from the effects of pesticide exposure five years ago through contamination of the ground water. Crossed the blood -brain barrier and he went into seizures for 2 weeks. No other horse is known to have survived this, but luckily my knowledge of Alternative Health saved his life. And my cat -who was never outside in her life, nearly died from exposure to airborne pesticide 'drift over' that came through my windows and into my home. The heavier moist spray sunk to the floor. She inhaled it, walked on it and, of course, licked it off her paws, and ended up a very sick little kittie....all because chemical companies are not required to notify surrounding properties when they are spraying in the area. By the time I caught the chemical odour, and shut the windows, the damage was done. Should I have to close all my windows and be a prisoner in my home? Should I have to lose my entire year's worth of organic herbs and seeds because some chemical company indescriminately sprayed on a windy day and contaminated them? Should I be submitting my vet bills to these chemical companies? To date, I would estimate it has cost me more than $5,000, and is an ongoing expense. No one is immune from the dangers of these products including our children, pets and the squirrels, bunnies and birds that make urban areas their home. They travel closer to the ground, and studies have shown they suffer the greatest from our careless use of chemicals. Don't we also have a higher responsibility to these hapless beings who have no choice and no voice? That's my view and I'm prepared to do whatever needs to be done to ensure it gets heard. Sincerely, Lori D'Ascenzo MediaArt 289 296 -9112 http:// www.healthylifestyledirectory.com Niagara's Alternative Health source http:/ /www.wealthofknowledgebooks.com Business guides for CAM professionals http: /www.niagarahealers.com Network of Alternative Health professionals Niagara Personal Growth Centre website development and publishing by MediaArt publisher Lori E D'Ascenzo 8368 Kaumeyer Dr Niagara Falls, ON L2G 6Y1 289- 296 -9112 mediaart@cogeco.ca Original Message From: Cynthia Roberts To: mediaart Sent: Friday, September 14, 2007 4:08 PM Subject: Re: chemical spraying of properties Page 2 of 3 Hello Lori. Jason forwarded your email to me with the hopes that I could provide additional information. Niagara Falls does not have a by -law that restricts chemical use on private property. I believe Thorold does but is having problems enforcing homeowners to abide by it. There was a meeting at the St. Catharines Library this week regarding the same subject however not sure of the results. about:blank 9/17/2007 Cynthia Cynthia A. Roberts Manager of Parks Cemetery Services 905 356 -7521, ext. 5300 Fax: 905-354-4721 crobertsj niagarafalls.ca "mediaart" <mediaart©cogeco.ca> 9/12/2007 10 :45 AM Hello Jason Sincerely, Lori D'Ascenzo http://www.healthylifestyledirectory.com Niagara's Alternative Health source http:/ /www.wealthofknowledgebooks.com Business guides for CAM professionals http: /www.niagarahealers.com Network of Alternative Health professionals Niagara Personal Growth Centre website development and publishing by MediaArt publisher Lori E D'Ascenzo 8368 Kaumeyer Dr Niagara Falls, ON L2G 6Y1 289 296 -9112 mediaart @cogeco.ca Page 3 of 3 Is there a by -law in Niagara Falls regarding the use of chemicals on lawns, and if none exists, how to I go about getting one enacted in Niagara Falls? Other local communities currently have this by -law. I maintain an organic property and am hugely upset that my neighbours are spraying chemicals that drift onto my property and into my home, contaminating my herbs and vegetables, and compromising my health. My lungs and chest ache after inhaling these substances for only a brief period. Where is my right to quiet (and SAFE) enjoyment of my property? I am sure you are aware that numerous studies confirm the health risks to both people and animals who come in contact with these substances. Municipalities must act responsibly to protect their citizens from exposure to known health hazards. To my knowledge, Niagara Falls has always been a leader in that regard. What is the city's policy? about:blank 9/17/2007 September 24, 2007 F- 2007 -34 Niagarapalls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council. City of Niagara Falls, Ontario Members: Re: F- 2007 -34 Municipal Performance Measurement Program RECOMMENDATION: That this report be received for the information of City Council and that the information be posted to the City's internet site no later than September 30, 2007. BACKGROUND: For the year ending December 31, 2006, the City of Niagara Falls is required to measure its performance and report the results to the City's taxpayers. Reporting Requirements In addition to reporting financial and performance data to the Province in the annual Financial Information Return, municipalities are also required to publish for the taxpayers of the municipality, the results of each of the performance indicators. Results for the year ended December 31, 2006 must be published by September 30, 2007. The publication must at a minimum include the name of the measure, the year to which it relates, and the result. A number of publication methods are available to municipalities including direct mailing, property tax bill insert, notices in newspapers, and posting on the internet. As was approved last year, staff is again recommending the posting of this report on the City's website. Performance Results Identified as Appendix (A) are the results of the City's year 2006 Municipal Performance Measurement Program. As required in the publication of the results, each measure includes the name of the measure, the year in which the measure relates and the result of the measure. Also provided are explanatory comments that explain the measure and corresponding results. These measures are established by the provincial government and the submission of these measurements are required to ensure the municipality receives provincial funding. .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 Corporate Services Department Finance September 24, 2007 2 F- 2007 -34 Performance measurement results are a useful tool in evaluating performance of operating units. The measures and methods used to determine the data in the attachment were developed by the province. City staff, through the Strategic Review of its business initiatives, is reviewing opportunities to develop measures that will be useful in the determination of evaluating City performance to Council's strategic objectives. Recommended by: Approved by: Respectfully submitted: C. Luey Todd Harrison/ Acting Dr ctor of Financial Services Ken Burden, Acting Executive Director of Corporate Services John cDonald, Chief Administrative Officer General Government Operating Costs for Governance and Corporate Management as a Percentage of Total Municipal Operating Costs 5.30% Total Municipal Operating Costs $95,255,431 Protection Fire Operating costs for Fire Services per $1,000 of Assessment $1.93 Operating Costs for Fire Services $14,228,408 Transportation Roadways Transit Description 2006 Municipal Performance Measures 2006 Measure Notes Operating Costs for Paved (Hard Top) Roads per Lane Kilometre $3,533.80 Total Paved Lane Kilometres 1,088 Operating Costs for Unpaved (Loose Top) Roads per Lane Kilometre $3,559.97 Total Unpaved Lane Kilometres 120 Operating Costs for Winter Maintenance of Roadways per Lane Kilometre Maintained in Winter $2,276.26 Total Lane Kilometres Maintained in Winter 1156 Percentage of Paved Lane Kilometres Where the Condition is Rated Good to Very Good 74.70% Total Paved Lane Kilometres 1,088 Percentage of Winter Events Where the Response Met or Exceeded Locally Determined Municipal Service Levels for Road Maintenance 100.00% Total Number of Full Winter Events in 2006 34 O perating costs for conventional Transit per Regular Service Passenger Trip $6.24 Operating Costs for Conventional Transit $8,419,243 Number of Conventional Transit Passenger Trips per Person in the Service Area in a Year 17.11 Total Number of Regular Passenger Trips in 2006 1,348,424 18- Sep- 07:9:25 Environment Wastewater Storm Water Drinking Water Description 2006 Municipal Performance Measures 2006 Measure Notes Operating Costs for the Collection of Wastewater per Kilometre of Wastewater Main $5,824.02 Operating Costs for Collection of Wastewater $2,457,736 Operating Costs for the Treatment and Disposal of Wastewater per Megalitre $681.40 Operating Costs for Treatement Dispoal of Wastewater $12,485,333 Operating Costs for the Collection, Treatment and Disposal of Wastewater per Megalitre $815.53 Operating Costs for Wastewater Collection, Treatment Dispoal $14,943,069 Number of Wastewater Main Backups per 100 Kilometres of Wastewater Main in a Year 1.1848 Total Kilometres of Wastewater Main 422 Percentage of Wastewater estimated to have by- passed Treatment 0.06% Total Megalitres of Treated Wastewater PLUS ESTIMATED Megalitres of Untreated Wastewater 18,334.574 Operating Costs for Urban Strom Water Management (Collection, Treatment Disposal) per Kilometre of Drainage System $848.28 Operating Costs for Urban Storm Water Management $293,037 Operating Costs for Rural Strom Water Management (Collection, Treatment Disposal) per Kilometre of Drainage System $771.82 Operating Costs for Rural Storm Water Management $51,712 Operating Costs for the Treatment of Drinking Water per Megalitre $512.52 Operating Costs for the Treatment of Drinking Water $8,635,591 Operating Costs for the Distribution of Drinking Water per total KM of Water Distribution Pipe* *This measure has changed from per megalitre" $8,583.33 Operating Costs for the Distribution of Drinking Water $3,604,988 Operating Costs for the Treatment Distribution of Drinking Water per Megalitre $726.47 Operating Costs for the Treatment Distribution of Drinking Water $12,240,589 Weighted Number of Days When a Boil Water Advisory Issued by the Medical Officer of Health, Applicable to a Municipal Water Supply, was in Effect 0 Number of Boil Water Days 0 Number of Water Main Breaks per 100 Kilometres of Water Distribution Pipe in a Year 19.2857 Number of Water Main Breaks in 2006 81 18- Sep- 07:9:25 Solid Waste Parks Recreation Description Operating Costs for Garbage Collection per Household $143.53 Operating Costs for Garbage Collection $4,861,562 Operating Costs for Solid Waste Diversion per Household $53.76 Operating Costs for Solid Waste Diversion $1,820,772 Operating Costs for Parks per Person 2006 Municipal Performance Measures 2006 Measure Notes $37.06 10perating Costs for Parks $2,921,182 Operating Costs for Recreation Programs per Person $14.90 Operating Costs for Recreation Programs $1,174,531 Operating Costs for Recreation Facilities per Person $50.86 Operating Costs for Recreation Facilities $4,008,879 Operating Costs for Parks, Recreation Programs Recreation Facilities per Person $102.83 Operating Costs for Parks, Recreation Programs Recreation Facilities $8,104,592 Total Participant Hours for Recreation Programs per 1,000 Persons 2,080.97 Total Participant Hours for Recreation Programs 164,012 Hectares of Open Space per Person 1 3.95 jTotal Hectares of Open Space 311 Total Kilometres of Trails per 1,000 Persons 1 0.076 Total Kilometres of Trails 6 Square Metres of Indoor Recreation Facility Space per 1,000 Persons 2,551.01 Square Metres of Indoor Recreation Facility Space 201,058 Square Metres of Outdoor Recreation Facility Space per 1,000 Persons 213.59 Square Metres of Outdoor Recreation Facility Space 16,834 *This measure. has been split into "indoor" "outdoor". Library Services Operating Costs for Library Services per Person $53.11 Operating Costs for Library Services $4,186,011 Operating Costs for Library Services per Use 1 $0.66 1 Library Uses per Person 1 80.937 (Total Library Uses 4,507,956 Electronic Library Uses as a Percentage of Total Library Uses 72.50% Non electronic Library Uses as a Percentage of Total Library Uses 27.50% 18- Sep- 07:9:25 Land Use PI in Description 2006 Municipal Performance Measures 2006 Measure Notes Percentage of New Lots, Blocks 8/or Units with Final Approval Which are Located Within Settlement Areas 100.00% Agricultural Purposes Which was Not Re- Designated for Other Use During the Reporting Year 99.80% Agricultural Purposes Which was Not Re- Designated for Other Use Relative to the Base Year of 2000 99.60% Number of Hectares of Land Originally Designated for Agricultural Purposes Which was Re- Designated for Other Uses During the Reporting Year 22 Number of Hectares of Land Originally Designated for Agricultural Purposes Which was Re- Designated for Other Uses since January 1, 2000 36 18- Sep- 07:9:25 September 24, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj1alls C A N A D A Re: L- 2007 -39 Condominium Conversion East Side of Valley Way, North of Willmott Street Our File No.: 2007 -173 RECOMMENDATION: For the information of Council. BACKGROUND: L- 2007 -39 On April 30, 2007, Council passed a Resolution calling for a Report on the Condominium Act (the "Act Legal Services understands that the context of Council's question related to the role of a Municipality in the enforcement of that Act. A review of the Condominium Act, 1998, S.O. 1998, c. 19 indicates that the Act is administered and enforced by the Ontario Ministry of Consumer and Corporate Relations. The Act does not envision the Municipality being involved in an enforcement role. In the individual case which gave rise to the Resolution of Council, Councillor Thomson had received a number of complaints concerning the lack of organization at a particular 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 Legal Services September 24, 2007 2 Condominium. Legal Services contacted the parties who were charged with organizing that Condominium to communicate Council's concerns. Some progress has been made which is reported to be satisfactory at this time. Recommended by: Approved by: Respectfully submitted: K. Beaman /J. Heathers Kenneth L. Beaman, City Solicitor ohn MacDonald, Chief Administrative Officer K. E. Burden, Acting Director of Corporate Services L- 2007 -39 September 24, 2007 L- 2007 -44 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Niag araf CANADA Re: L- 2007 -44 Piton Encroachment Agreement with the City 4077 Hickson Street Our File No.: 2007 -284 That Betty Piton and Gerry Piton, in trust, be permitted to encroach onto City -owned lands abutting 4077 Hickson Street, and that the Mayor and Clerk be authorized to execute an Encroachment Agreement. On June 11, 2007 Council approved Planning Report PD- 2007 -41, attached as Attachment "1", with respect to a Zoning By -law Amendment Application by Betty and Gerry Pilon "Applicant to recognize an existing triplex on 4077 Hickson Street. A condition of the passage of the by -law states that the owners are required to enter into an Encroachment Agreement with the City to recognize a portion of a detached garage, shown in heavy outline on Attachment "2 which is located on an unopened City laneway. The Applicants will provide the necessary insurance as well as the costs of preparation of this Agreement. Ken Beaman, City Solicitor K. E. Burden, Acting Executive Director of Corporate Services 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca MacDonald, Chief Administrative Officer Working Together to Serve Our Community Corporate Services Department Legal Services June 11,2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2007 -41 AM- 10/2007, Zoning By -law Amendment Application 4077 Hickson Street Applicant: Ben PIIon Recognition of an Existing Triplex RECOMMENDATION: 1. That Council approve the Zoning By -law amendment application to recognize the existing triplex on 4077 Hickson Street. 2. That prior to the passage of the amending by -law, an encroachment agreement shall be executed with the City to recognize a portion of a detached garage which is located on an unopened City laneway, and the Mayor and Clerk be authorized to execute this agreement. BACKGROUND: Ben Pilon has requested an amendment to Zoning By -law No. 79-200 for a 278 square metre (2,995 square foot) property known as 4077 Hickson Street, as shown on Schedule 1. The applicant is requesting that the existing triplex on the property be recognized in the zoning by -law. Refer to Schedule 2 for the details of the property. The land is currently zoned Residential Single Family and Two Family (R2). The applicant is requesting the zoning of the property be changed to a site specific Residential Mixed (R3) zone to recognize the existing dwelling as a triplex and to permit the proposed parking arrangement. Surrounding Land Uses Niagara falls CANADA PD- 2007.41 The recommendation(s) contained in this report were adopted by City Council The Great Wolf Lodge and a City park lie to the north of the property. Mainly single detached residential dwellings lie to the south, west and east of the property. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development June 11, 2007 -2- PD- 2007-41 Circulation Comments Regional Municipality of Niagara The proposed triplex represents an intensification of an existing residential use and provides affordable housing as promoted in the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. Regional Planning Staff has no concerns. Municipal Works No objections. Parks, Recreation and Culture No comments. Legal Services The property has been transferred to Betty and Gerry Pilon. Fire Services A fire safety inspection will need to be completed in order to determine the dwelling's current fire and safety status. Planning Analysis 1. The proposal does not offend the Official Plan. The property is designated Residential by the Official Plan. Multiple unit dwelling developments are permitted within this designation where they are compatible with the surrounding development and contribute to providing a mix of residential units to meet the needs of residents. Higher residential densities up to 75 units per hectare (30 units per acre), are permitted where the land is at the periphery of a residential neighbourhood, adjacent to commercial or open space uses, with convenient access to the City's arterial road system. The property is adjacent to the Great Wolf Lodge and a City park; the use of this property for a multiple unit dwelling provides a transition from these uses to the single detached dwellings to the south. The site has ready access to Victoria Avenue, an arterial road, via Leader Lane. The density of the development at 108 units per hectare (43 units per acre), is above that contemplated by the Official Plan, reflecting the small size of the property. This higher density is acceptable for the following reasons: June 11, 2007 The dwelling has only three units. This number of units can be supported by the surrounding infrastructure and will not adversely impact the neighbourhood. Sufficient parking will be provided on -site once the required parking is provided as discussed below. 2. The requested zoning is appropriate. The applicant has requested a site specific R3 zone to permit the existing triplex. This zone will recognize the current lot size and the setbacks of the dwelling and garage. Staff noted, when doing a site inspection of the subject property, that no parking was available on -site (the garage was being used for storage and the two additional parking spaces are not constructed yet) and residents were parking on Leader Lane. The applicant has indicated he is cleaning out the garage to allow for it to be used as parking. Two of the four required parking spaces will be provided in this garage. The applicant will provide two additional parking spaces, beside the garage, to meet minimum parking standards. While this is not an ideal situation (it is preferable that such spaces be accessed by a manoeuvring aisle provided on the property) this parking configuration is acceptable as it preserves amenity space for residents. 3, Encroachment Agreement The existing garage encroaches about 20 centimetres (8 inches) onto an unopened City laneway. Preferably, this garage would be removed and replaced with surface parking entirety on the property. However, an encroachment agreement can be executed prior to passage of the zoning by -law to permit the encroachment per the current city practice, CONCLUSION: -3- PD- 2007 -41 The dwelling appears to have been constructed more than 50 years ago as a duplex and has been used as a triplex for an unknown period of time. Although the lot size and building setbacks do not meet the standards expected of a triplex, a degree of harmony has been achieved between the dwelling and surrounding residential properties and no building expansion is proposed. 1. As the existing triplex has existed for some time in general harmony with surrounding land uses and provides a transition between the commercial and open space uses to the north and the single detached dwellings to the south of the land, the Zoning By -law amendment application can be supported. June 11, 2007 -4- 2. Prior to the execution of the amending by-law, an encroachment agreement for the garage encroachment is to be executed. Recommended by: Approved by: Respectfully submitted: Doug Darbyson, Director of Planning Development Ed Dujlovic, Exec John A.Brycelcb S:\PDR120071PD- 2007.41, AM -10 -2007, 4077 Hickson Street, Recognition of an Existing Triplex.wpd we Director of Community Services cDonald, Chief Admini rative Officer PD- 2007 -41 Subject Land s ir ST FERGUSON ST FERGUSON ST FERGUSON ST FERG m s witions No mei owel1sis !till 1 mmo mmo immo lam mumm mom 111 rn ER UN ISO Oil S rile >M 1 ST FERG rn z OPMIFIFY 1111 I 11 r r" 1 111. 5 11111111 .w...M ;iiii 1 Location: Applicant: Amending Zoning 13y-law No. 79-200 4077 Hickson Ave Ben Pilon SCHEDULE 1 LOCATION MAP Sca1e:1:NTS AM- 10/2007 4/20/2007 4:50:03 PM SCHEDULE LOT AREA =278.80 sq.m. 100Z BUILDING AREAS 122.60 sq.m. LOT COVERAGE=44X ROOF PEAK HEIGHT 8.78 m METRIC. NOTE DISTIU4CES SHOYdi ON US PLAN ARE IN BEIRES AND CAN BE COMB TO FEET BY D000IKG BY 03048 SKETCH FOR RE-- ZONING PURPOSES ONLY LOT 170, PLAN 304 City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA MATTHE1 CAMERON, HEYWOOD KERRY T. HOK MONO UMITED 2007 January 18, 2007 DATE G. ydre13m037988t 379161dwg137818- REZZONING.dwg Skek;d MET 8S 14 Jan 1%20071121m Suzy 1 1.200 HICKSON "n AVENUE (ra2e8 000 not to .oaA) SCHEDULE 2 REC •E APR 0 2 2007 PLANNING DEVELOrMENT 6r :A I r ANDREW CAMERON Ontario Land Surveyor MATH WS, CAMERON, HEMOODK KERRY T. HOWESURVEYING t 5233 Sklefq Anon Untl 11, Nape RA; ddado 11F ra Mre4905' 1 -3643 Por(9051356H224 1a *aced Skel, SL Ce'lterina, Oat* 12R 3q FI ont(s05) 87 -330* Wire Uueurrs Drawn S.S. Mid A.C I 4 4I ea 37916 I Hie attached Niagara 4 11711 Region PLANNING AND DEVELOPMENT April 19, 2007 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2n Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By law Amendment Application 4077 Hickson Avenue Ben Piton City of Niagara Fall! The Regional Municipality 2201 St. David's Road, P.O, Thorold, Ontario L2V 417 Telephone: 905-984-3630 Fax: 905 -641 -5208 E -mail: pian@regional.niagara.on.ca File: D.10.M.11.23 This application proposes to amend the City's Zoning By -law to permit a triplex dwelling, The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Fails according to the Regional Policy Plan. A wide range of land uses and residential densities are permitted in Urban Areas. The proposed triplex represents an intensification of an existing residential use and provides affordable housing as promoted in the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. Regional Planning staff has no concerns with this zoning by -law amendment application from a Provincial or Regional planning perspective. Please send notice of City Council's decision on this application when available. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner c: D. Darbyson, City of Niagara Falls M:WISWORD'PC Nlagara FailsWFzblaWicksonAvve Pilon.doc Building Community. Building Lives. RECEIVE() APR 2 0 2007 PLANNING DEVELOPMENT THIS AGREEMENT made this 3' day of August, 2007 BETWEEN: BETTY PILON and GERRY PILON, in trust Hereinafter called the "Owner" THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" OF THE FIRST PART OF THE SECOND PART WHEREAS the Owner of certain property in the City of Niagara Falls has encroached or caused an encroachment on lands owned by the City (the "Property AND WHEREAS the Owner has requested the City to permit the encroachment and to allow it to continue; AND WHEREAS the Owner has agreed to enter into an Encroachment Agreement to allow a portion of a detached garage (the "Encroachment to encroach onto the Property, the extent of which Encroachment is more particularly set out in Schedule "C" attached hereto and forming part of this Agreement; NOW THEREFORE in consideration of the premises, terms and conditions and other good and valuable consideration, the parties hereto covenant and agree as follows: The Owner is the owner of the lands more particularly described in Schedule "A" attached hereto and the City is the owner of the lands more particularly described in Schedule `B" attached hereto. 2. The Owner, through inadvertence or otherwise, encroaches on part of the Property, which said encroachment is more particularly described in Schedule "C" attached hereto. 3. The City shall permit the Owner of the lands more particularly described in Schedule "A the privilege of maintaining and using the Encroachment upon and over those parts of the Property, until such time as all or part of the Encroachment on the said Property is required by the City or any utility company serving the area for its purposes, whichever shall first occur. 4. The Owner shall pay to the City through the Term, a fee in the amount of TWO DOLLARS ($2.00) plus G.S.T., payable in advance of the Commencement Date and on each anniversary of the Commencement Date. 5. The permission granted herein does not confer any rights in regard to any lands and roadways which are not under the City's jurisdiction and control. 6. The Encroachment shall not block or impede vehicular or pedestrian traffic nor shall it in any way impede any traffic signals. 7. The Owner shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the Owner thereunder or intended so to be and the Owner shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, 2 claims or demands arising therefrom or connected therewith; provided that the Owner shall not be liable to the extent to which such loss, damage, or injury is caused or contributed by the neglect or default of the City. 8. The Owner agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the City Solicitor protecting and indemnifying the Owner and the City, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the Lands with all inclusive coverage of not less than Two Million Dollars ($2,000,000.00), such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City thirty (30) days prior written notice. The City may, in its sole discretion acting reasonably, require the Owner to raise the minimum amount of coverage and shall so advise the Owner in writing, who then shall immediately increase the minimum coverage and deliver to the City within thirty (30) days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the City's Solicitor and attached hereto as Schedule "D showing the amended coverage. Failure of the Owner to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. 9. The City or any utility company serving the area, shall be entitled to remove any portion of the said Encroachment, erected upon or over the Property, in the event of an emergency and the Owner covenants and agrees that such removal shall be at the Owner's expense. 10. The Owner covenants and agrees with the City to maintain the Encroachment at all times in a good and proper repair and condition satisfactory to the Director of Municipal Works. 11. The Owner covenants and agrees with the City that the encroachment upon the Property shall be limited to the Encroachment shown in Schedule "C" to the Agreement and that it will not increase, extend or enlarge or permit the increase, extension or enlargement of the Encroachment in any manner whatsoever. 12. This Agreement, including Schedules "A "B "C" and "D constitutes the entire Agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, representations, and understandings, both written and verbal, in respect of the subject matter hereof. 13. This Agreement cannot be changed or modified except by another agreement in writing signed by the parties. 14. If any provision of this Agreement is determined to be illegal or invalid as written, such provision shall be enforced to the maximum extent permitted by law and such illegality or invalidity shall not affect the validity of the remainder thereof. 15. Failure by either party to insist upon the strict performance of any covenant, agreement, term or condition of this agreement, or to exercise any right or remedy consequent upon the breach thereof, shall not constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this agreement and no breach thereof shall be waived, altered or modified except by written instrument No waiver of any breach shall affect or alter this agreement but each and every covenant, agreement, term and condition of this agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 16. This Agreement shall be read with all changes of gender and number required by the context. 17. (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: 3 (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. 18. Notice shall be given, to the Owner at: Betty Pilon and Gerry Pilon, in trust 102 Fornier Street P.O. Box 133 Vankleek Hill, ON ICOB IR0 The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Legal Services Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 19. The Owner shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. 20. The Owner shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 21. The City may terminate this agreement upon 30 days notice, in writing, to the Owner as to its intention to terminate. 22. Upon termination of this agreement, the Owner shall remove entirely, at its sole expense, from the City lands, the Encroachment and restore the City lands to its original condition or equivalent. 23. If the Owner is in default or breach, at the Owner's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Owner by adding the expenses to the Owner's municipal taxes to be collected in accordance with section 427 of the Municipal Act, 2001 S.O. 2001 c.25, as amended and any successor legislation thereto. 24. This agreement shall enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Owner hereto has hereunto set his hand and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporation. SIGNED, SEALED AND DELIVERED in t pr: ence of 4 Name: Dean Iorfida Title: City Clerk THE CORPORATION OF THE OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Owner's Lands 5 SCHEDULE "A" to an Agreement dated the 3` day of August, 2007 between BETTY PILON and GERRY PILON, in trust and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 170 Plan 304 Town of Niagara Falls; in the City of Niagara Falls, in the Regional Municipality of Niagara. City Lands: 6 SCHEDULE "B" to an Agreement dated the 3r day of August, 2007 between BETTY PILON and GERRY PILON, in trust and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lane Plan 997 Town of Niagara Falls lying south of Leader Lane, north of Ferguson Street, east of Broughton Street and west of Hickson Avenue; in the City of Niagara Falls, in the Regional Municipality of Niagara. Encroachment 7 SCHEDULE "C" to an Agreement dated the 3r day of August, 2007 between BETTY PILON and GERRY PILON, in trust and THE CORPORATION OF THE CITY OF NIAGARA. FALLS SCHEDULE LOT AREA= 278.30 sq.m. 1009 BUILDING AREAS 122.60 sq.m. LOT COVERAGE =44% ROOF PEAK HEIGHT 8.78 m METRIC NOTE DISTANCES SH0Y01 ON THIS PLAN ARE.111 METRES AND CAN BE COMER'S TO FEET BY DIN0910 BY O..048 SKETCH FOR RE— ZONING PURPOSES ONLY LOT 170, PLAN 304 City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA MATTHEWS, CAMERON, HEYWOOD KERRY T. HOWE SODDING LIMITED q 10 METRES r 200 2007 HICKSON 997) AVENUE (18.288 11100 net to stale) NORTH 9.132 NORTH DATE X u X X I J January 18, 2007 (MUNICIPAL ROAD) 9.132 Z P(AN 997 I NOT IRALE(LED) X (4.8772 IXGf) 304 lir ANDREW CAMERON Ontario Land Surveyor MATCHEWS, CAMERON, HEYWOOD a KERRY T, HOWE SURVEYING LTD. 5273 St* As 148 it &e we re9,, Ordode t2E 702 Nw.(9041511 x97 r 4905}158 -5111 98 Chuck Shot, St. Catherine, 0niaio 120 008 Plpm(905}687 -3300 ,rww.w..u,f.n...ea Drawn S.S. 1Checked A.C. ILLN. 37916 I attached Globe 317 5037 9991379161Av91379164RELONING.dww Sketch MET 8.5 14 Jan 19, 200111:21am Suzy type of insurance policy number effective date expiry date pry limits of liability comprehensive general liability 5 8 SCHEDULE "D" to an Agreement dated the 3r day of August, 2007 between BETTY PILON and GERRY PILON, in trust and THE CORPORATION OF THE CITY OF NIAGARA FALLS CERTIFICATE OF INSURANCE This is to certify that the insured named below is insured by the insurance policy(ies) and with the insurance company set out below: name of insured address The Corporation of the City of Niagara Falls has been added as an additional insured but only with respect to its interest in the operations of the named insured. This is to certify that the policy(ies) of insurance as set out above have been issued to the insured by the insurance company and are in full force and effect at this time If the policy(ies) of insurance are cancelled or changed in any manner or for any reason that would atiect The Corporation of the City of Niagara Falls, the insurance company shall give thirty (30) days prior written notice by registered mail to: The Corporation of the City of Niagara Falls Legal Department 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 This certificate is executed and issued to The Corporation of the City of Niagara Falls by: name of insurance company dale name of insurance broker authorized representative PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY (WITH NO AMENDMENTS) IF INSURANCE IS PLACED IN PRIMARY AND EXCESS LAYERS, FILE SEPARATE CERTIFICATES FOR EACH Rev. October /04 September 24, 2007 MW- 2007 -111 Members: Niag araj CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: MW -2007- 111 Municipal Drinking -Water Licence Program and Drinking Water Quality Management System Accreditation RECOMMENDATION: That this report be received for information. BACKGROUND: In May 2000, The Town of Walkerton experienced heavy rainfall that allowed surface water that contained E. coli to contaminate one of the wells that supplied water to the municipal distribution system. Seven People died and more than 2,000 became ill prompting the Province of Ontario to enact the Safe Drinking Water Act (SDWA) in 2002. This legislation introduced new requirements for municipalities relating to the treatment and distribution of drinking water that ensures the competency of system operators. The purpose of this report is to provide Council with an overview of this legislation and its regulations and to advance notice of the steps this municipality should be considering to ensure compliance. Attached is an information report prepared on our behalf by Urban Environmental Management Inc. which effectively summarizes the scope of the SDWA. Of particular note are the roles and responsibilities of the City's Mayor and Members of Council who are entrusted to: Ensure compliance with the legislation Endorse an Operational Plan and Policies Provide adequate resources for Infrastructure Initiate Internal Audits, and Oversee the operation of the system The City's next step will be to develop an Operational Plan that must be submitted to the Ministry of the Environment no later than May 1, 2009. This development of this plan will include recommendations that are evolving from the current Water/Wastewater Delivery Review but will still require some assistance from a consultant who has expertise in the preparation of these plans. Staff is currently discussing the terms of reference and work plan with U.E.M. In -rid will be bringing a more detailed proposal back to Council for their consideratio 0 Queen Street, P.O. Box 1023, Niagara falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca ether to Serve Our Community Community Services Department Municipal Works September 24, 2007 Recommended by: Approved by: Respectfully subm ed: Attach: 2 Geoff Holman, Director of Municipal Works e ujlovic, Executive Director of Com unity Services 27 01. MacDonald, Chief Administrative Officer MW- 2007 -111 IJRE3AN s. ENVIRONMENTAL MANAGEMENT INC. PROFESSIONAL CONSULTING SERVICES INFORMATION REPORT: THE DRINKING WATER QUALITY MANAGEMENT PROGRAM The Walkerton Tragedy: Motivation for the DWQMS For four days in May 2000, heavy rainfalls in the Town of Walkerton, ON, caused flooding in the community. Manure was spread on a farm near Well 5 in late April, just before the heavy rainfall. The operators of Walkerton's drinking -water system did not check the chlorine residual levels and were unaware that water contaminated with E. coli was entering the Town's distribution system. As a result of the contamination, seven people died and more than 2,000 became ill. The Province of Ontario subsequently conducted an inquiry to determine the causes of the Walkerton Tragedy and recommend corrective actions. Ontario's Water and Infrastructure Legislation In the Walkerton Inquiry report, Commissioner Dennis O'Connor recommended that the Ontario government enact a Safe Drinking Water Act (SDWA) to deal with matters related to treatment and distribution of drinking water. The SDWA was passed in 2002 and, through its regulations, addresses all requirements relating to the treatment and distribution of drinking water and the competency of system operators and analysts. The Safe Drinking Water Act aims to protect the health of Ontario residents by applying stringent regulations to drinking -water systems in the province, and is part of a multi- barrier approach to water management in Ontario. In all, three pieces of legislation: the Safe Drinking Water Act, the Clean Water Act and the Sustainable Water and Sewage Systems Act, work together to protect the province's water resources, treatment processes and distribution infrastructure. The Municipal Drinking -Water Licence Program Created under the Safe Drinking Water Act, 2002, the Municipal Drinking -Water Licence Program consists of several legislative components as illustrated in Figure 1: Permit to Take Water (not applicable for water distribution systems), Accredited Operational Plan and Operating Authority, Financial Plan for the drinking -water system, and Drinking Water Works Permit (currently awaiting legislation). Figure 1: Municipal Drinking -Water Licence Program Licence 0 Manage O perat e Legislation in place Awaiting MOE Di ection 4710 St. Clair Ave., Suite 301 Niagara Falls, ON L2E 3S9 Phone: 905.371.9764 Fax: 905.371.9763 http://www.uemconsulting.com Drinking Water Quality M anagement Standard DWQMS Information Report Page 1 September 5 2007 ANA(;E V EN °t` rrr20reusiQNAL CONSULTING E:E?F1,ICE$ Components of the Municipal Drinking -Water Licence: The DWQMS Standard Legislated under the SDWA and released in October 2006, the DWQMS Standard provides a framework for the development and implementation of a drinking -water quality management system. The Standard adopts a "Plan -Do- Check Improve" methodology (Figure 2). 21. Continual Im provem ent Key DWQMS Standard requirements are as follows: Figure 2: Elements of the DWQMS Standard 1 Audit ManagementReview 1. Quality Management System 2. Quality Management System Policy 3. Commitmentand Endorsement 4. Quality Management System Representative 5. Document and Records Control 6. Drinking VVa ter System 7. Risk Assessment 8. Risk Assessment Outcomes 9. Organizational Structure, Roles, Responsibilities and Authorities 10. Competencies 11. Personnel Coverage 12. Communications 13. Essential Supplies and Services 14. Review and Provision of Infrastructure 15. Infrastructure Maintenance, Rehabilitation and Renewal 16. Sampling, Testing and Monitoring 17. Meas urement and Recording Equipment Calibration and Maintenance 18. Emergency Management Establish endorse a DWQMS policy; `p Define roles, responsibilities, authorities of owners, operators and top management, and appoint a Quality Management System Representative; Establish competency training requirements; Establish procedures for internal external communications; Complete a risk assessment; implement adequate controls; and keep the assessment up to date; Ensure reliable procurement of supplies services; Monitor water quality parameters equipment performance; Establish test emergency response procedures; Conduct internal audits annual performance reviews of the DWS; and Continually improve the DWQMS. The Operational Plan The pathway to DWQMS accreditation begins with the development of an "Operational Plan" that summarizes the organization's DWQMS. Each element of the DWQMS must be addressed in the Operational Plan, and the DWQMS Standard specifies elements where further documentation is required. Operational Plans must be endorsed by the System Owner and Top Management of the DWS. The MOE document entitled Director's Direction Minimum Requirements for Operational Plans (July 2007) specifies requirements for the updating, retention and public disclosure of Operational Plans. Operational Plans must be retained for a period of 10 years, and the most current version of the DWQMS Information Report City of Niagara Falls Page 2 September 5 2007 €NViR r MEN°fAL tv ANAGEIVI N"f'':INC:., PRO. OFPSSIONAi CONSULT :N G SERVICES Operational Plan must be made available for public viewing at the office of the Owner and, at minimum, one other office in the geographic area. DWQMS Accreditation According to the MOE document entitled Accreditation Protocol: Operating Authorities Municipal Drinking -Water Systems (July 2007), an Operating Authority has five options when submitting its Operational Plan. The three major options in submitting the Operational Plan are summarized in Figure 3; two additional options "Transitional" and "Emergency deal with special licensing situations and do not apply to the City of Niagara Falls. Figure 3: Operational Plan Submission Options Available to the City of Niagara Falls 1. Quality Management System 2. Quality Management System Policy 3. Commitment and Endorsement 4. Quality Management System Representative 5. Document and Records Control 6. Drinking Water System 7. Risk Assessment 8. RiskAssessment Outcomes 9. Organizational Structure, Roles, Responsibilities and Authorities 10. Competencies 11. Personnel Coverage 12. Communications W.._._..._...._._......__ 13. Essential Supplies and Services 14. Review and Provision of Infrastructure 16. Infrastructure Maintenance, Rehabilitation and Renewal 16. Sampling,Testingand Monitoring 17. Measurement Recording Equipment Calibration &Maintenance 18. Emergency Management 19. InternalAudits 20. Management Review 21. Continual Improvement a t n RI e� G w a air mg 0 •E tot z J 0 m C Once the Operational Plan has been submitted to the MOE, the Operating Authority must apply to the Ministry's designated Accreditation Body to request an audit of its DWQMS. In the Phase 1 "Systems Audit the Auditor will assess the "PLAN" component of each auditable element by reviewing the Operational Plan and other DWQMS documentation to ensure that it meets all Standard requirements. In the Phase 2 "Verification Audit the Auditor will assess the "DO" component by conducting an on -site audit of DWQMS processes and activities. In the case of both "Limited Scope" submission options, a full "PLAN DO" DWQMS audit is required within 12 months of initial accreditation. Once accreditation is achieved, the Auditor will conduct annual surveillance audits on a three -year cycle with a full re- accreditation audit to be completed every third year. DWQMS Information Report City of Niagara Falls Page 3 September 5 2007 J RBAN Ewa NViRDNMENTAL. MANAGEMENT N C, PROFESSIONAL CONSULTING SERVICES Drinking Water System Roles and Responsibilities The DWQMS Standard identifies staff involved with the drinking -water system as follows: The Owner' of the drinking -water system includes "every person who is a legal or beneficial owner of all or part of the system As the City of Niagara Falls is a public corporation, the "Owner" is represented by the City's Mayor and Council. The Operating Authority of the drinking -water system is defined as "the person or entity that is given responsibility by the Owner for the operation, management, maintenance, or alteration of the subject system Top Management of the drinking -water system is defined as "a person, persons, or group of people at the highest management level within an Operating Authority that makes decisions representing the QMS and recommendations to the Owner respecting the...system The designation of "Top Management" is dependent on the organizational structure of an Operating Authority. The Quality Management System Representative is a person appointed to oversee the Quality Management System through the implementation process and maintain it on an ongoing basis, and is assigned specific responsibilities by the DWQMS Standard to facilitate this process. Roles and responsibilities of these staff are outlined in Figure 4 below. Figure 4: Roles and Responsibilities of Key DWQMS Participants Participants Operating Authority Top Management Quality Management Representative Roles Responsibilities Drinking Water Licence Holder Oversight of drinking -water system Endorse Operational Plan Policy Provision of Infrastructure Require Internal Audits Due Diligence isure compliance with legislation Oversight of drinking-water system Endorse Operational Plan Policy Management Review Operate Maintain Infrastructure Operator Competence Communicate With Owner, Staff, Suppliers Consumer Administer QMS Report performance of QMS to Top Management Ensure awareness of DWS legislation QMS throughout OA. Responsible for..,,pcumorit controt. 1 Drinking Water Quality Management Standard. Ministry of the Environment, October 2006. 2 Ibid. 3 Ibid. 4 Ibid. DWQMS Information Report City of Niagara Falls September 5` 2007 Page 4 I INC. .........::...U� PROFESSIONAt CONSUL T:NG SERVICE DWQMS The Way Forward O. Reg. 188/07 entitled Licensing of Municipal Drinking -Water Systems (May 2007) requires the City of Niagara Falls to submit a completed Operational Plan to the Ministry of the Environment no later than May 1 2009. With this date in mind, a proposed implementation schedule is presented as Figure 5. Dec 07 DWQMS Implementation Plan Recommended steps to implementation include: DWQMS Information Report City of Niagara Falls Page 5 September 5 2007 Figure 5: Proposed Schedule for DWQMS Implementation at the City of Niagara Falls Nov 07 Gap Analysis Dec 07 Establish Implementation Team Jan 08 Oct 08 Establish DWQMS Procedures Workflows Oct 08 Staff Training Oct 08 Nov 08 Internal Internal Auditor Audit Training Jan 09 Submit Operations Plan for Council Endorsement May 09 Submit Operations Plan to MOE Jun 09 Celebrate Audits Summer 2009 May 09 Jun 09 Staff Verification Training Completion of a Gap Analysis to determine areas of non compliance between current City operations and DWQMS Standard requirements; Development of an Implementation Plan to plot the City's path to compliance; Designation of a Quality Management System Representative and establishment of an Implementation Team to lead the implementation effort; Development of DWQMS procedures and processes; Development and delivery of DWQMS Awareness Training to staff; Training of selected City staff as internal auditors and completion of an internal audit of the DWQMS; Preparation and submission of the Operational Plan to Council for endorsement; Preparation and submission of the Operational Plan to the MOE for endorsement; Completion of the accreditation audit process. September 24, 2007 MW- 2007 -113 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araflalls CANADA Re: MW- 2007 -113 Dorchester Road and Thorold Stone Road Monroe Plaza Encroachment Agreement and Sign Relocation 1) That the City of Niagara Falls enter into an encroachment agreement with Curtis Gail Development Corporation, and, 2) That the Mayor and the Clerk be authorized to execute the necessary agreement. The commercial property (Monroe Plaza) located at the corner of Dorchester Road and Thorold Stone Road is currently under site plan control review, and includes the construction of a Williams Coffee Pub. As part of the site plan review, staff has requested the deeding of a 12m x 12m daylight triangle, in accordance with the Official Plan and the previously completed Dorchester Road Environmental Assessment. Typically, daylight triangles are deeded to the City free of encumbrances. However at this location there is a plaza pylon sign, curbing, parking spaces and a retaining wall situated within the daylight triangle. It is recommended that the city enter into an encroachment agreement with the applicant to permit the structures to remain until the daylight triangle is needed due to intersection improvements at Dorchester Road and Thorold Stone Road as noted in the Environmental Assessment. When the intersection improvements are carried out, the structures would be removed as part of the construction to allow for road improvements, and the pylon sign would be relocated at that time at no expense to the owner. The daylight triangle will be deeded to the city at this time during the site plan process, at no cost to the taxpayer, as allowed under the Planning Act. 10 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 t ransportation Services September 24, 2007 2 MW- 2007 -113 Recommended by: Karl Dren, Director of Transportation Services Approved by: I Respectfully submitted: M.Carrick a -te/L- Ed Dujlovic, Executive Director of Community Services acDonald, Chief Administr. -e Officer S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports \2007 Council \09 Sept 24 \MW- 2007 113 Monroe Plaza Encroach Agreement.wpd September 24, 2007 MW- 2007 -116 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araFalls CANADA Re: MW- 2007 -116 Supply and Installation of Pay Display Machines RFP #P40 -2007 1) That RFP #P40 -2007, for the Supply and Installation of Pay and Display Equipment, be awarded to Electromega Ltd. at an upset limit of 397,267.20; and, 2) That the Mayor and the Clerk be authorized to execute the necessary agreements. This is year five of the five -year replacement program to complete the replacement of antiquated parking meters throughout the City. Due to the rapid change in technology, an annual RFP (Request for Proposal) will be submitted to qualified companies to ensure that the machines purchased annually are state -of- the -art with reduced potential for premature redundancy. This year's purchase will complete our five -year replacement program. Pay Display technology provides the following features not provided by parking meters: credit card acceptance Tax receipt and complete auditing capability reduced maintenance and coin collection costs ability to change parking rates without the costly upgrade costs statistical analysis advanced security features to reduce potential of vandalism and theft remote monitoring for quicker maintenance response limited occurrence of coins not registering ability to promote goods and services in a particular BIA area through changeable ticket parameters RFP #P40 -2007 was requested with a "Keeping Costs Down" approach, whereby the successful Vendor with the best overall solution calculated on a 10 -year life cycle would eet, PQ Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services September 24, 2007 be awarded the contract. The City currently has two different suppliers of Pay and Display equipment, and to ensure ease of use and administration, RFP #P40 -2007 requested that current bidders be able to interface with our existing two suppliers. Electromega was the only respondent on this RFP request. Therefore, staff is recommending that this year's requirement of thirty -two (32) Pay Display machines be purchased from Electromega Ltd. Electromega Ltd. has an excellent record in the Traffic and Parking Community and has been in business for more than 30 years. Financing: The estimated amount for the project is 400,000.00 Total Project cost will have an upset limit of 397,267.20 including PST Funding: Account Parking Fund Capital Account 397,267.20 Council's concurrence with the recommendations outlined in this report would be appreciated. Recommended by: Approved by: Respectfully submitted: S. Wheeler 2 MW- 2007 -116 Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services ert MacDonald, Chief A ministi we Officer S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2007 Council \09 Sept 24 \MW -2007 -116 Supply and Installation of Pay Display Machines Year 5.wpd September 24, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraj CA,ADA Re: R- 2007 -24 2007 Arts Culture Wall of Fame Inductees It is recommended that Council approve the 2007 Arts Culture Wall of Fame Inductees for the November 2007 Induction Ceremony. The Inductees are listed below and a brief description of their achievements is attached. Community Builder: an individual who has made outstanding contributions to the community's arts and culture for an extensive period of time. Sherman Zavitz Wilma L. Morrison Artists/Works of Art: an individual or form of art who /that has been recognized for their /its outstanding contribution or has brought significant recognition to Niagara Falls. Stephan Moccio Myron Sutton Hilda Corkum Lucille Hilston On August 16, 2007, the Arts Culture Awards sub committee reviewed the Arts Culture Wall of Fame nomination forms and selected nominees for induction into the 2007 Niagara Falls Arts Culture Wall of Fame. The objectives of the Arts Culture Wall of Fame are: R- 2007 -24 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their a. tic and cultural contributions; and Community Services Department Parks, Recreation Culture Mon ose Road, Unit 1, Niagara Falls ON, Canada L2H 3N3 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community September 24, 2007 Recommended by: Approved by: Respectfully submitted: Attachment S:\Council \Council 2007 \R -2007- 24 2007 Arts Culture Wall of Fame Inductees.wpd 2 R- 2007 -24 3. To ensure that works -of -art are recognized for their contribution to the arts and cultural landscape of Niagara Falls. Inductees must illustrate the following to be inducted onto the Wall of Fame: a) outstanding achievement in their artistic or cultural field; b) a measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally or internationally; c) a person must have resided in Niagara Falls for an extensive period of time; d) community sponsors must have a minimum of five (5) years of significant contribution. The Arts Culture Committee hosts the Niagara Falls Arts and Culture Wall of Fame Induction Ceremony, annually each November. Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present, as well as the works -of -art that reflect the best of Niagara Falls. 1AM/ix 44114 Dee Morrissey, Dire or of Parks, Recreation Culture E Ed Dujlovic, Executive Director of Communit Services MacDonald, Chief Administrative/Officer September 24, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2007 -25 Tender T12 -2007 Site Clearing, Grading and Sub Surface Work Niagara Falls 4 Pad Arena Complex RECOMMENDATION: 1) That Tender TR12 -2007 be awarded to AIM Waste Management Inc. for the tendered price of $2,863,100.00 excluding GST, and 2) that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: Niagarapalls R- 2007 -25 This tender is for the site clearing, grading and sub surface preparation at 4001 Fourth Avenue, the City -owned property (15 acres 6 hectares) for Niagara Falls 4 -Pad Arena Complex project. Work will commence in October 2007 and be completed by December 31, 2007. The seven (7) Contractors listed below were pre qualified with all seven (7) submitting bids by Friday, September 21, 2007 at 1:15 p.m.. Tenders were opened in the presence of the City Clerk on Friday, September 21, 2007 at 1:30 p.m. The Tender asked for specified Tender prices for: 1) Total price for all site clearing, excavating, removal, disposal, supply, place and compact fill. 2) Total price for all on site underground services. 3) Supply and install municipal services on Fourth Avenue including new storm water management pond and all associated work. Working Together to Serve Our Community an da L2E 6X5 905- 356 7521 www.niagarafalls.ca Community Services D AIM Waste Management Inc. Stoney Creek $2,863,100.00 Alfidome Construction Ltd. Niagara Falls $3,366,000.00 Greenspoon Specialty Contracting ULC Brampton $3,330,171.00 Rankin Construction Inc. St. Catharines $3,688,225.00 Integrated Municipal Services Thorold $3,779,564.00 Provincial Construction Limited Niagara Falls $5,762,350.00 Hard Rock Construction Inc. Port Colborne $6,060,423.36 September 24, 2007 Staff is suggesting that item 3 be excluded (noted above) from the awarded contract at this time. The work to supply and install municipal services on 4 Avenue will tendered and completed at a later date when all necessary approvals are in place. Listed below is the summary of the adjusted bid prices, excluding GST, received from each of the seven (7) pre qualified bidders. (The chart below reflects the tendered amounts exclusive of item #3). The $34.7 million budget for the 4 -pad arena, as outlined and approved on May 2007, had included these estimated costs for overall site preparation. The Architects for this project, Barry, Bryan Associates (1991) Limited have reviewed the tender document submissions. The recommendation is to award the site clearing, grading and sub surface contract to AIM Waste Management Inc., for the adjusted tender price of $2,863,100.00 Recommended by: Approved by: Respectfully submitted: DenyseJ orr ssey, Director of Bar V% Ed Dujlovic, E 2 R- 2007 -25 ecutive Director of Community Services Jdhn MacDonald, Chief Administrative Officer Recreation Culture Attachment R- 2007 -24 Sherman Zavitz Sherman Zavitz was born in Welland, but has lived in Niagara Falls for 47 years. After graduating with a B.A. degree and from Teachers College, he taught as an elementary school teacher in Niagara Falls schools for 35 years. Always interested in Canadian history and particularly in the history of Niagara Falls and area, he has been actively involved in heritage organizations for thirty years. He is Past President of the Lundy's Lane Historical Society, Past Chair of the City of Niagara Falls Board of Museums, member of the City's LACAC (Local Architectural Conservation Advisory now Municipal Heritage Committee) Committee, past board member of the Canadian Canal Society and member of other local heritage organizations. He is the official historian for both the City of Niagara Falls and the Niagara Parks Commission. He writes two weekly history columns for the Niagara Falls Review, and presents a series of historical vignettes on radio station CJRN. He is the author of four illustrated history books of and about Niagara Falls. Sherman is an accomplished and popular local historical tour guide and is frequently on demand as a speaker on the City's history. He has been recognized with provincial and City volunteer service awards for his ongoing contributions in furthering our knowledge and appreciation of our City and Region's fascinating history. Wilma L. Morrison For many years this Niagara Falls citizen of black ancestry has given extensively of her time, energy and talents to create awareness and appreciation for the contributions made by black pioneers and residents of Niagara's history. To this end, Wilma has been a guest speaker to several area groups and has been the subject of numerous items of heritage interest in the press. She was the prime mover in establishing a local collection of black history documents and memorabilia in the Norval Johnson Memorial Library, next to the British Methodist Episcopal Church on Peer St. in Niagara Falls. Also, she was instrumental in organizing the Niagara Freedom Trail Tours of the Niagara Region, and continues to act as a guide and hostess in tours of the BME Church and Norval Johnson Library. In addition to her voluntary work in this field, Wilma is an active member of many local associations concerned with area heritage, culture and community affairs. She has been tireless in helping to educate young people in local black history through her work with the Niagara Catholic and District of Niagara Boards of Education. Her association with the City of Niagara Falls Museum has been invaluable in the development of their exhibits and programming on the subject. Wilma Morrison has brought enthusiasm, dedication and humour to her work and has made an outstanding contribution to this community's heritage and culture. Stephan Moccio For years, the music of Stephan Moccio has been heard primarily through the voices of other artists. Having written songs for international superstars such as Celine Dion "A New Day Has Come Sarah Brightman "What You Never Know and Josh Groban "My Heart Was Home Again he is now ready to make a name for himself as a talented performer in his own right, with the launch of his debut album of solo piano compositions, entitled EXPOSURE. Stephan's musical life began with piano lessons at the age of four. After an award winning career through adolescence, he went on to complete an honours degree in composition and piano -2- performance at the University of Western Ontario. He was offered a scholarship to the famed Berklee College ofMusic in Boston, but instead chose to focus on developing his professional career, signing a publishing deal with Sony /ATV Music Publishing at the age of 22. Throughout his 8 -year tenure at Sony /ATV, he matured as a songwriter, producer, arranger and performer, leaving in 2003 to form his own publishing company, Sing Little Penguin Inc. In addition to the aforementioned superstars, Stephan has also written songs for Olivia Newton -John and international chanteuse Hayley Westenra, as well as pop sensations JC Chasez (former *NSYNC) and Nick Lachey, and Canadian icons Randy Bachman, Murray McLauchlan, Marc Jordan, Edwin, Philosopher Kings and Prozzak. As an arranger, Stephan has worked with the Toronto Symphony Orchestra, and is regarded internationally as one of the world's premier talents. Stephan's talent as both a performer and entertainer has taken him across Canada several times, touring with notable artists from the Sony Music roster. He has shared the stage with Randy Bachman, Sophie Milman, and was a featured artist at former US President Bill Clinton's recent 60th birthday celebration in Toronto, alongside Josh Groban, Jon Bon Jovi, Sarah McLachlan and James Taylor. Stephan was invited to return for a second year as the featured performer at the prestigious Canadian Songwriter's Hall of Fame Gala where he performed for a celebrated audience, including inductee Joni Mitchell. Stephan's own solo performances in support of EXPOSURE are dynamic and engaging he peppers his moving renditions of album tracks with stories which draw from the experiences of his relatively short but expansive career, shattering audience preconceptions about piano players to reveal a charming, accessible and grounded performer whose youthful exuberance captivates even the most fickle fan. Myron (Mynie) Sutton Myron Pierman "Mynie" Sutton was born October 9, 1903 in Niagara Falls, Ontario, and passed away on June 17, 1982. He began piano lessons at age nine with a church organist, and he began clarinet lessons when he was 17. He later took up alto saxophone. While attending Stamford Collegiate he played piano at dances, and at 18 he joined St. Anne's Symphonic Band, playing clarinet. At age 19 he organized a school band and joined a quartet in Niagara Falls, N.Y. He quit school in Grade 12 and played in pianist Joe Stewart's dance band from 1924 to 1926. He was also a member of the Birds of Paradise, a nine -piece band led by Eugene Primus. He declined trombonist J. C. Higginbotham's invitation to accompany him in New York City around 1927, preferring to join tuba player Lester Vactor's Royal Ambassadors, a 10 -piece band working in Buffalo, until they disbanded in 1931. Back in Canada in 1931 he and pianist John Walden formed a six -piece band, the Canadian Ambassadors, which was based in Guelph, Ontario. In 1933 the band moved to Montreal. During the next six years, Sutton led the band through a series of short-term engagements in different cities. After the death of his father Byron, Mynie returned to Niagara Falls to care for his mother. He put together bands in the Niagara area and played at many of the local clubs. He served more than 30 years on the executive board of the Niagara Region Musicians' Association, where he became a life member in 1967. He also founded the Canadian Brotherhood Club ofNiagara Falls in 1945 and served as president until his death. In May 1977 he was honoured by the Niagara Promotions Association for outstanding community service as a musician. Mynie also served on the -3- executive of the local Musician Union for many years and he continued performing until two weeks before his death in 1982 at the age of 78. Mynie Sutton is listed as one of the 25 artists in the private archival fonds and collections at the University of Concordia for his involvement in the Montreal Jazz scene. Hilda Corkum Hilda Corkum was born Hilda Corning in 1925 in Anapolis Road, Nova Scotia. After completing her education in Yarmouth, NS she worked for the Canadian Army during World War II and for a local newspaper. Hilda studied are in Boston, Massachusetts, graduating from the Vesper George School of Art Design. She then moved to New York City and was employed by a large American photographic company. When Hilda returned to her native province, she taught for four years at the Nova Scotia College of Art. During her career she has also instructed adult education as well as children's art classes. In 1967 she moved to Niagara Falls with her husband and three children, where she still resides. Hilda has been an active member of the Niagara District Art Association for 40 years, where she has held numerous executive positions including President, Secretary, Bulletin Editor and Art Niagara Exhibition Chairman. Hilda has a great ability to organize and has spent a tremendous amount of time and energy to promote art and culture in Niagara Falls. In 1996 Hilda was awarded the volunteer recognition award from the Niagara Falls Arts and Culture Commission. Hilda is a very enthusiastic painter and has traveled the world over to find inspiration for her art. She has participated in numerous art exhibitions in Canada, the United States and in Europe. Her paintings have won her numerous awards and honourable mentions. In 1998, the Niagara Falls Arts and Culture Commission awarded her the prestigious Barbara Frum Award for her outstanding contribution to fostering and developing arts and culture in Niagara Falls. Lucille Hilston Lucille Hilston was a very versatile and outgoing lady, who served the City on a number of different Committees and who has contributed greatly to the arts and culture of Niagara Falls. Lucille was a dedicated citizen with a passion for Niagara Falls, which she expressed through her music promoting the city she loved. Lucille composed "Boost Niagara" the official song of the City of Niagara Falls; "Onghiara" a full orchestra tone poem depicting the romance of the Niagara river and has been played in both Canada and the United States with rave reviews; "Our Niagara Honeymoon" and "Happy Birthday Canada." Lucille also composed a hymn, which was featured at church services, a march and many other ballads. She was an internationally recognized composer with extensive media coverage through her music performances, radio and television interviews. Lucille A by -law to authorize the execution of an Agreement of Purchase and Sale with Grand Niagara Resorts Inc. respecting the purchase of lands being part of Grassy Brook Road and Crowland Road; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated August 29, 2007 and made between Grand Niagara Resorts Inc. and The Corporation of the City of Niagara Falls for the property described as a portion of Grassy Brook Road and Crowland Road; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that maybe 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 twenty -fourth day of September, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 24, 2007. September 24, 2007. September 24, 2007. CITY OF NIAGARA FALLS By -law No. 2007 AGREEMENT OF PURCHASE AND SALE PURCHASER GRAND NIAGARA RESORTS INC. (the "Purchaser") agrees to purchase from VENDOR, THE CORPORATION OF THE CITY OF NIAGARA FALL (the "Vendor the following REAL PROPERTY: described as a portion of Grassy Brook Road and Crowland Avenue, in the City of Niagara Falls, in the Regional Municipality of Niagara on Schedule "A" attached. (the "property"). PURCHASE PRICE: (CDN$ DEPOSIT: Purchaser submits (CDN$'. (Herewith/Upon acceptance) cash or negotiable cheque payable to the Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. The Vendor makes no representations nor gives any warranties with respect to the suitability or fitness of the property for any use contemplated by the Purchaser nor makes any representations or gives any warranties with respect to the environmental issues or concerns and the Purchaser agrees to accept the property on an "as is" basis. SCHEDULE(S) A attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: NIA 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Purchaser agrees to assume the rental contract(s), if assumable: N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30 SEPTkMf3e2 (Vendor /Purchaser) ..a. P day of A ust, 2007, after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on the day of (see schedule "A 2007. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)371 -2892 (For delivery of notices to Vendor) FAX NO. (416- 869 -3004 )(For delivery of notices to Purchaser) Gpt fCobrt of NOTICE to Purchaser's Solicitor, David Spencer, Baker Schneider Ruggiero LLP FAX NO (416) 363 -0645) 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on the 5 day prior to closing "Requisition Date to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use (ROADWAY) may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 2 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registrable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada. 3 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. ¢L u 6sr Gam' DATED AT Mississauga this 2 9 day of daty 2007. SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I /we have hereunto set my /our hand(s) and seal(s): GRAND NIAGARA RESORTS INC. Per 7oGLi./ SQ'?C4< [.-t r PAZ/T.P1., E,1r I r> Name: r r �t8L) Office: Wit Y 4-tra ltSV1 I(� 7 Q(,I b y !Mile have authority tto bind the c I, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this day of 2007 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I /we have hereunto set my /our hand(s) and seal(s): THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Per: (Vendor) (905) TeI.No. Name: Office: Name: Office: I/We have authority to bind the corporation CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of 2007. (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS (Vendor) Address for Service: Niagara Falls, Ontario DATE DATE (Purchaser) DATE DATE Tel. No. (905) Tel. No. (905) FAX No. 4 (Purchaser) Address for Service: Niagara Falls, Ontario Vendor's Lawyer Purchaser's Lawyer Baker Schneider Ruggiero LLP 120 Adelaide Street West Suite 1000 Toronto, Ontario M5H 3V1 Attention: David R. Spencer Facsimile: (416) 363 -0645 E -Mail: dspencer(&bsr- law.ca K: \Clients H to N \Harvest Investment Corp \Grand Niagara p.f. City of Niagara Falls \CITY OF NIAGARA AGREEMENT OF PURCHASE AND SALE (2).wpd 1stly: 2ndly: 3rdly: SCHEDULE "A" Part Lot 3 Concession Broken Front Crowland as in 8610151, R0113210 R0128781 EXCEPT R0113211; Pan Lot 4, Concession Broken Front Crowland as In BB10151, R0113210 BEING A FORCED ROAD LYING THROUGH BEING GRASSY BROOK ROAD (FORMERLY CREEK ROAD); (PIN 64262 -0067 LT) Part Lots 5 6 Concession Broken Front Crowland being Parts 6, 9 10, 59R -5410 BEING A FORCED ROAD LYING THROUGH BEING GRASSY BROOK ROAD (FORMERLY CREEK ROAD); (PIN 64262 -0069 LT) RDAL BTN Lot 4 5 Concession Broken Front Crowland BEING CROWLAND ROAD (FORMERLY ARGYLE ROAD) (PIN 64262 -0057 LT) All in the City of Niagara Falls, in the Regional Municipality of Niagara. Closing Date :The date of closing (referred to as the "closing "closing date" or "date of closing shall be the 30' day after the date that is the earlier of the date that the parties have entered into this agreement of purchase and sale or the date that the Vendor has received all approvals required by it in order to legally convey the lands, provided that if this date is a date on which the local Land Registry Office is closed then the closing date that be the next date that the local Land Registry Office is open for business, at which time vacant possession of the Lands shall be given to the Purchaser. If the closing has not occurred by December 31, 2008, this agreement shall be null and void and of no further force and effect and the Purchaser's deposit shall be returned to it without interest or deduction. A by -law to authorize the execution of a Development Agreement with 1578891 Ontario Ltd. respecting Stanley Avenue Development, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Development Agreement dated the 12 day of July, 2007 and made between 1578891 Ontario Ltd. and The Corporation of the City of Niagara Falls with respect to the lands comprised of Township Lots 60 and 73, formerly Township of Stamford, now City of Niagara Falls, Regional Municipality of Niagara subject to the terms and conditions as described in the Development Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedule "C a copy of which Schedule is attached as Appendix "3" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "4" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Development and all required road widenings, easements and park lands described in Schedules "G" and "H copies of which Schedules are attached as Appendices "5" and "6" are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Development Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Development Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents upon receipt of written confirmation from the Director of Planning and Development that all of the City's conditions for the execution of the said agreement have been satisfied. Passed this twenty fourth day of September, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 24, 2007. September 24, 2007. September 24, 2007. CITY OF NIAGARA FALLS By -law No. 2007 THIS DEVELOPMENT AGREEMENT made this 12 day of July, 2007 BETWEEN: to enter into this agreement; 1578891 ONTARIO LTD. Hereinafter called the "Developer and THE CORPORATION OF THE CITY OF NIAGARA FALLS, of the FIRST PART; Schedule page 5 Hereinafter called the "City of the SECOND PART; WHEREAS the Developer has applied to The Corporation of the City of Niagara Falls pursuant to section 53 of the Planning Act, R.S.O. 1990, for approvals of Consent to Sever (hereinafter collectively called the "Development attached hereto as Schedule "A" and entitled STANLEY AVENUE DEVELOPMENT, being registered as 59R-13311, being lands comprising of Township Lots 60 and 73, formerly m the Township of Stamford, now in the City of Niagara Falls, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands AND WHEREAS in accordance with the conditions imposed by the City, the Developer is required NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval of the said development, after compliance with all the requirements hereinafter set forth, and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Developer and the City hereby covenant and agree each with the other as follows: Stanley Avenue Industrial Development (Former Treibacher Site) This is not a Plan of Survey Schedule A Schedule Page a ca c m 3 0 E U p L. -Z Q Q) U 0 E a o m (1) 0 N 0 0 Cti E c 0 V N E d o rn o m In O z z z cfl V) u. X 01 Z LIU aim age z o N O M O 0 z z z 1 OD 5 g a) o o o 5 ro 0 o 1 d 0 g 1 'g O U O 0 r 'd N O b N p ti '245 0 -P, p o O b a tcl z1 a) g 0 O pi G h ti O 0 0 0 ro 'S o o u O bA O U id U O U .5 0 C d E O. 0 d d d D U T cD V ..c C 0 H O C a) s t 5 Q u' t4 .r+ N a m c o 4 J Q) E 7 UJ N Q1 G a) E E O 0)) O CD L. U CI c ocs c .�7 O 0 z z z z z z O rn 00 rn toa 00 >,'6 5 E o E N L- o p c ca O C U� E 0 0 15 m N E d a s z c L co O M. E 0 U a -V.% E Le) o 0 0 69 69 b 0 O U O W O 0 O U N H W k O 0 4i .5 O W N oti 69 0 0 Schedule "G" Stanley Avenue Industrial Development (Former Treibacher Site) Cash in Lieu of Parkland Dedication: Has been satisfied by the developer with cash contribution towards the development of the adjacent neighbourhood park. 5:11. B Consent Files120061B -57 -2006 to 8-61 -2006 Stanley Avenue\Sohedulu\Schedule G.wpd Schedule Page Schedule "H" Stanley Avenue Industrial Development (Former Treibacher Site) Easements and Lands to be Deeded to the City of Niagara Falls: 1. Easements To be granted to the City within the lands of the subdivision. a) For storm sewer and laterals 5.0 m wide along east limit of lots being: 5: \I. B Consent Files \2006\B -57 -2006 to B -61 -2006 Stanley Avenue \Scheduler \Schodulo H.wpd Schedule Page In the City of Niagara Falls, Part of Township Lots 60 and 73, being Part 2, 59R- 12717, Parts 13, 28 -30 (both inclusive) and 32, 59R- 13311, and Parts 1 -6 (both inclusive) 59R 13430. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Encroachment Agreement, dated August 3, 2007, between Betty Pilon and Gerry Pilon, in trust and The Corporation of the City of Niagara Falls for the purpose of permitting an encroachment onto a City road allowance. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Encroachment Agreement dated August 3, 2007 and made between Betty Pilon and Gerry Pilon, in trust and The Corporation of the City of Niagara Falls for the purpose of permitting an encroachment onto a City road allowance, subject to such terms and conditions as set out in the Encroachment Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 1. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -fourth day of September, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 24, 2007. September 24, 2007. September 24, 2007. THIS AGREEMENT made this 3` day of August, 2007 BETWEEN: BETTY PILON and GERRY PILON, in trust Hereinafter called the "Owner" THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" OF THE FIRST PART OF THE SECOND PART WHEREAS the Owner of certain property in the City of Niagara Falls has encroached or caused an encroachment on lands owned by the City (the "Property AND WHEREAS the Owner has requested the City to permit the encroachment and to allow it to continue; AND WHEREAS the Owner has agreed to enter into an Encroachment Agreement to allow a portion of a detached garage (the "Encroachment to encroach onto the Property, the extent of which Encroachment is more particularly set out in Schedule "C" attached hereto and forming part of this Agreement; NOW THEREFORE in consideration of the premises, terms and conditions and other good and valuable consideration, the parties hereto covenant and agree as follows: 1. The Owner is the owner of the lands more particularly described in Schedule "A" attached hereto and the City is the owner of the lands more particularly described in Schedule `B" attached hereto. 2. The Owner, through inadvertence or otherwise, encroaches on part of the Property, which said encroachment is more particularly described in Schedule "C" attached hereto. 3. The City shall permit the Owner of the lands more particularly described in Schedule "A the privilege of maintaining and using the Encroachment upon and over those parts of the Property, until such time as all or part of the Encroachment on the said Property is required by the City or any utility company serving the area for its purposes, whichever shall first occur. 4. The Owner shall pay to the City through the Term, a fee in the amount of TWO DOLLARS ($2.00) plus G.S.T., payable in advance of the Commencement Date and on each anniversary of the Commencement Date. 5. The permission granted herein does not confer any rights in regard to any lands and roadways which are not under the City's jurisdiction and control. 6. The Encroachment shall not block or impede vehicular or pedestrian traffic nor shall it in any way impede any traffic signals. 7. The Owner shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the Owner thereunder or intended so to be and the Owner shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, 2 claims or demands arising therefrom or connected therewith; provided that the Owner shall not be liable to the extent to which such loss, damage, or injury is caused or contributed by the neglect or default of the City. 8. The Owner agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the City Solicitor protecting and indemnifying the Owner and the City, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the Lands with all inclusive coverage of not less than Two Million Dollars ($2,000,000.00), such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City thirty (30) days prior written notice. The City may, in its sole discretion acting reasonably, require the Owner to raise the minimum amount of coverage and shall so advise the Owner in writing, who then shall immediately increase the minimum coverage and deliver to the City within thirty (30) days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the City's Solicitor and attached hereto as Schedule "D showing the amended coverage. Failure of the Owner to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. 9. The City or any utility company serving the area, shall be entitled to remove any portion of the said Encroachment, erected upon or over the Property, in the event of an emergency and the Owner covenants and agrees that such removal shall be at the Owner's expense. 10. The Owner covenants and agrees with the City to maintain the Encroachment at all times in a good and proper repair and condition satisfactory to the Director of Municipal Works. 11. The Owner covenants and agrees with the City that the encroachment upon the Property shall be limited to the Encroachment shown in Schedule "C" to the Agreement and that it will not increase, extend or enlarge or permit the increase, extension or enlargement of the Encroachment in any manner whatsoever. 12. This Agreement, including Schedules "A "B "C" and "D constitutes the entire Agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, representations, and understandings, both written and verbal, in respect of the subject matter hereof. 13. This Agreement cannot be changed or modified except by another agreement in writing signed by the parties. 14. If any provision of this Agreement is determined to be illegal or invalid as written, such provision shall be enforced to the maximum extent permitted by law and such illegality or invalidity shall not affect the validity of the remainder thereof. 15. Failure by either party to insist upon the strict performance of any covenant, agreement, term or condition of this agreement, or to exercise any right or remedy consequent upon the breach thereof, shall not constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this agreement and no breach thereof shall be waived, altered or modified except by written instrument No waiver of any breach shall affect or alter this agreement but each and every covenant, agreement, term and condition of this agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 16. This Agreement shall be read with all changes of gender and number required by the context. 17. (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (0 in the case of registered post, on the third day, which is not a holiday, following posting. 18. Notice shall be given, to the Owner at: Betty Pilon and Gerry Pilon, in trust 102 Fornier Street P.O. Box 133 Vankleek Hill, ON KOB 1R0 3 The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Legal Services Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 19. The Owner shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. 20. The Owner shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 21. The City may terminate this agreement upon 30 days notice, in writing, to the Owner as to its intention to terminate. 22. Upon termination of this agreement, the Owner shall remove entirely, at its sole expense, from the City lands, the Encroachment and restore the City lands to its original condition or equivalent. 23. If the Owner is in default or breach, at the Owner's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Owner by adding the expenses to the Owner's municipal taxes to be collected in accordance with section 427 of the Municipal Act, 2001 S.O. 2001 c.25, as amended and any successor legislation thereto. 24. This agreement shall enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. SIGNED, SEALED AND DELIVERED in th prgsence of 4 IN WITNESS WHEREOF the Owner hereto has hereunto set his hand and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporation. L' Name: Z Title: Name: allik Title: Dom„ THE CORPORATION OF THE OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk Owner's Lands 5 SCHEDULE "A" to an Agreement dated the 3r day of August, 2007 between BETTY PILON and GERRY PILON, in trust and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 170 Plan 304 Town of Niagara Falls; in the City of Niagara Falls, in the Regional Municipality of Niagara. City Lands: 6 SCHEDULE "B" to an Agreement dated the 3' day of August, 2007 between BETTY PILON and GERRY PILON, in trust and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lane Plan 997 Town of Niagara Falls lying south of Leader Lane, north of Ferguson Street, east of Broughton Street and west of Hickson Avenue; in the City of Niagara Falls, in the Regional Municipality of Niagara. Encroachment 7 SCHEDULE "C" to an Agreement dated the 3r day of August, 2007 b etween BETTY PILON and GERRY PILON, in trust and THE CORPORATION OF THE CITY OF NIAGARA FALLS SCHEDULE' LOT AREA 278.30 sq.m. 1009 BUILDING AREAS= 122.60 sq.m. LOT COVERAGE =44% ROOF PEAK HEIGHT 8.78 m SKETCH FOR RE— ZONING PURPOSES ONLY LOT 170, PLAN 304 City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA MATTHEWS, CAMERON, HEYWOOD KERRY T. HOWE SURVEYING LIMITED 10 METRES 1 200 9 9 2007 METRIC NOTE DISTANCES MOAN ON THIS PUN ARE.IN ORES AND CAN BE CONVER1FD TO FEET BY DIVIDING BY 0.3048 NORTH 9.132 1 3 (NOT TAAYEILEO) o HICKSON (P 997) AVENUE (18.288 HOE not to soot.) January 18, 2007 DATE (MUNICIPAL 0a40) ANDREW CAMERON Ontario Land Surveyor MATrHEWS, CAMERON, HEYWOODr KERRY T, HOWE SURVEYING LTD, 5233 Slooky Ames LAO #1, Marra P00, 01dorio 02E 7C2 rhom(905)3S2 -3992 ro4905)258 -672{ 9e fFeadl Sfrwl, 51, Ca0wdon, Ontario 12R 301 Phono(905)997 -7300 www.thesurroyon.... Drawn S S Checked A C 1LLN. 37916 Ine attached G:y ohn13175037999137915Wp1379164REZONING .dwg Sketch MET8.5 14 Jan 19,20011121amSazy type of insurance policy number effective date expiry date limits of liability comprehensive general liability g 8 SCHEDULE "D" to an Agreement dated the 3r day of August, 2007 between BETTY PILON and GERRY PILON, in trust and THE CORPORATION OF THE CITY OF NIAGARA FALLS CERTIFICATE OF INSURANCE This is to certify that the insured named below is insured by the insurance policy(ies) and with the insurance company set out below: name of insured address The Corporation of the City of Niagara Falls has been added as an additional insured but only with respect to its in erect in the operations of the named insured. This is to certify that the policy(ies) of insurance as set out above have been issued to the insured by the insurance company and are in full force and effect at this time. If the policy(ies) of insurance are cancelled or changed in any manner or for any reason that would affect The Corporation of the City of Niagara Falls, the insurance company shall give thirty (30) days prior written notice by registered mail to: Rev. October /04 The Corporation of the City of Niagara Falls Legal Department 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 This certificate is executed and issued to The Corporation of the City of Niagara Falls by: name of insurance company date name of insurance broker authorized representative PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY (WITH NO AMENDMENTS) IF INSURANCE IS PLACED IN PRIMARY AND EXCESS LAYERS, FILE SEPARATE CERTIFICATES FOR EACH THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections, Prohibited Turns) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule Q thereto the following item: YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Lynhurst Dr. Pitton Rd. Eastbound on Lynhurst Dr. (2) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Lynhurst Drive Pitton Road Eastbound on Lynhurst Drive Lynhurst Drive Pitton Road Northbound on Pitton Road Lynhurst Drive Pitton Road Southbound on Pitton Road Badger Road Echo Circle /Kendale Court Southbound on Kendale Court Badger Road Echo Circle /Kendale Court Northbound on Echo Circle (3) First Reading: September 24, 2007 Second Reading: September 24, 2007 Third Reading: September 24, 2007 by deleting from the specified columns of Schedule R thereto the following item: PROHIBITED TURNS COLUMM 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY LOCATION DIRECTION PROHIBITED TURN TIMES OR DAYS Corwin Avenue Parts Source Eastbound Right At any time (4) by adding to the specified columns of Schedule R thereto the following item: PROHIBITED TURNS COLUMM 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY LOCATION DIRECTION PROHIBITED TURN TIMES OR DAYS Corwin Avenue A point 52 metres Eastbound Right At any time south of Lundy's Lane (Parts Source) This By -law shall come into force when the appropriate signs are installed. Passed this twenty- fourth day of September, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR (2) by deleting Section 402.02: THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2007 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Parking Meters General Regulations, Parking Prohibited Specified Places, Without Signs) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting Subsection 209.11 (viii): 209.11(viii) A privately owned vehicle, identified by an official handicapped permit displayed in the windshield or a valid government issued "Veterans" license plate for up to two hours or the maximum period of time indicated on the face of the meter, whichever is less, as identified in Schedule "G 402.02 The City of Niagara Falls shall erect stop signs on the highways, at railway crossings set out in Column 1 of Schedule "P 1" of this by- law, facing traffic proceeding the direction set out in column 2 of the said schedule. -2- (3) by deleting Subsection 205.01.12: 205.01.12 If it is a heavy vehicle and is parked between the hours of 2:00 a.m. and 6:00 a.m. unless permitted by sign. (4) by deleting Subsection 205.01.13: (5) 205.01.13 If it is a heavy vehicle and is parked on a boulevard. by adding Subsection 209.11 (viii): 209.11 (viii) A privately owned vehicle, identified by an official handicapped permit displayed in the windshield or a valid government issued "Veterans" license plate for up to two hours or the maximum period of time indicated on the face of the meter, whichever is less, as identified in Schedule "G (6) by adding Section 402.02: 402.02 The City of Niagara Falls shall erect stop signs on the highways, at railway crossings set out in Column 1 of Schedule "P1" of this by- law, facing traffic proceeding the direction set out in column 2 of the said schedule. (7) by adding Subsection 205.01.12: 205.01.12 If it is a heavy vehicle and is parked between the hours of 2:00 a.m. and 6:00 a.m. unless permitted by sign. (8) by adding Subsection 205.01.13: 205.01.13 If it is a heavy vehicle and is parked on a boulevard. This By -law shall come into force immediately. Passed this twenty- fourth day of September, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: September 24, 2007 Second Reading: September 24, 2007 Third Reading: September 24, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law 2007 -37, being a by -law to provide for appointments to certain Boards, Commissions and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Paragraph #2, being appointments to the Committee of Adjustment, be amended to delete the name Sam Iorfida. 2. That Paragraph #2, being appointments to the Committee of Adjustment, be amended to add the name Lou Stranges. Passed this twenty -forth day of September, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 24, 2007. September 24, 2007. September 24, 2007. 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 24 day of September, 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 24 day of September, 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 twenty fourth day of September, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 24, 2007. September 24, 2007. September 24, 2007.