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2001/03/05REGULAR COUNCIL MEETING Monday, March 5, 2001 Order of Business and Agenda Package REGULAR MEETING MARC~2001 PRAYER: Alderman Judy Orr DEPUTATION Brandon Boone, Solicitor, Niagara Falls Minor Hockey and Graham Brown, Ontario Minor Hockey Association wishes to address Council respecting the issues surrounding Minor Hockey. His Worship Mayor Thomson would like to welcome the Niagara Falls Cub Pack No. I who are attending this Council meeting as part of their Blue Star Program with their Leaders, Linda Koudys and Kerry Roseborough. DISCLOSURES OF PECUNIARYINTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATION Brian Cheney, Chair, Mayor's Student Youth Advisory Council will be formally introducing themselves and informing Council about the upcoming Youth Forum. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK David Jovanovic, Chair, Fallsview BIA - Re: Collection of levy against their properties of $200,000.00 for this year. requesting that the City of Niagara Falls collect a levy against their properties of $200,000.00 for this year. RECOMMENDATION: That Council approve the Budget and authorize collection. David Jovanovic, Chair, Fallsview BIA - Re: Election of Board members for the Year 2001 and 2002 - advising that the following Fallsview BIA members will serve on the Fallsview BIA Board of Directors until August 2002; - Carmen Menecchella, = -2- Attila Cserpes, Ron Saks, Nick Matovic, Vince DiCosimo and Albert Zappitelli; and that Fallsview BIA member - Amy Bignucolo will serve on the Fallsview BIA Board of Directors until August 2001, and requesting that By-law 98-223 be amended to increase their Board to thirteen (13) members in an effort to continue to provide the leadership for the general membership of the Fallsview BIA through their Board of Directors and, the opportunity to have quorums at their Board of Director meetings as they are becoming more frequent. RECOMMENDATION: That the Board of Directors be ratified by Council, and the request for By-law amendment to be referred to Staff. Wayne A. Gilroy, Properties Officer, Regional Municipality of Niagara - Public Works Department (Operational Support Services) - Re: Former Niagara Freeway Lands, City of Niagara Falls - advising of Regional lands declared surplus which had previously been set aside for the Niagara Freeway project, requesting the City to confirm if they are interested in any of the parcels. - AND - David Jovanovic, Chair, Fallsview BIA - Re: Sale of the parcel of land on the west side of Stanley Avenue known as Parking Lot 2 for Casino Niagara patrons - advising of their strong opposition to the sale of these lands being offered for sale through a public tender process; requesting that Council acknowledge and support the concerns of the Failsview BIA; that the Regional Municipality of Niagara extend its lease of this property to the City of Niagara Falls for one year; review of the current and future parking demands in the Fallsview BIA area. RECOMMENDATION: For the consideration of Council. National Kids Day in support of Kids Help Phone - Re: 4th Annual National Kids Day in support of Kids Help Phone - requesting Council proclaim Saturday, June 9, 2001 as 4th Annual National Kids Day in support of Kids Help Phone. RECOMMENDATION: That the request be approved. Barbara Terenzio, Sci-Tech Ontario - Re: Young Scientist Month - requesting Council proclaim the month of March 2001, as "Young Scientist Month". RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further Items for Council consideration. -3- REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTION~ (Alderman Wayne Campbell, Chair) COMMUNITY SERVICES MATTERR Chief Administrative Officer BBS-2001-05, Appointment of Provincial Offences Officer. Chief Administrative Officer MW-2001-22, Municipal Parking & Traffic Committee Recommendations - February 20, 2001 Meeting. Chief Administrative Officer MW-2001-24, Ontario Labour Relations Board Decision Regarding Water Meter Installation. PLANNING MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer PD-2001-21, Application for Site Plan Approval, SPC-52/2000, 6713/6735 Lundy's Lane, Proposed Harvey's Restaurant. PD-2001-22, Application for Site Plan Approval, SPC-45/2000, 5627 & 5637 McLeod Road, Proposed 8-storey Hotel. MISCELLANEOUS MATTERS 1. Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer L-2001-14, Establishment of Road Widenings and One Foot Reserves as Public Highways - McLeod Road, Beechwood Road and Costabile Drive. L-2001-17, Drunk Driving Offences. L-2001-18, Release of Agreement to Clear Cloud On Title to Property on South Side of McLeod Road, at Marineland Parkway. -4- RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-44 To appoint an Animal Control Officer for the City of Niagara Falls. 2001-45 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Prohibited Turns) 2001-46 To authorize a Release, to the owner of land on the south side of'McLeod Road more particularly described as Parts 1,4 and 5 on Reference Plan No. 59R-5702, of an Agreement registered on September 13, 1979 as Instrument No. LT.16381 insofar as it applies to said land. 2001-47 To establish Block 22 on registered Plan No. 59M-273, as a public highway, to be known as and to form part of Costabile Drive. 2001-48 To establish Part 1 on Reference Plan No. 59R-10999, as a public highway, to be known as and to form part of McLeod Road. 2001-49 To establish Part 2 on Reference Plan No. 59R-10999, as a public highway, to be known as and to form part of Beechwood Road. 2001-50 To amend By-law No. 79~200, as amended (AM-42/2000). 2001-51 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2001-52 To authorize monies for General Purposes (March 5, 2001) NEW BUSINESS 1 March, 2001 Woody Wagg Clerks Office City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Wagg, Please place the Mayor's Student Youth Advisory Coundl on the Agenda for the City Council meeting of March 5~, 2001. We would like to be placed on the agenda in order to introduce ourselves formally, as well as to inform the Council about the upcoming Youth Forum that we will be holding. We hope to gain information from this forum in order to better serve the teenagem of the dty. I would greatly appreciate being placed on the agenda for the upcoming Council meeting. Sincerely, Brian Cheney Chair of the Mayor's Student Youth Advisory Council February 13, 2001 City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontado L2E 6X§ Attention; Mayor Wayne Thomson Dear Mayor Thomson: Re: Proposed Development Q.E.W. and Mountaln/Mewburn Road Property Niagara Falls (QEW-Mount Properties Inc.) Pursuant to our meeting on January 31, 2001 we are respectfully requesting council support (by way of resolution) for a development proposal with respect to our lands referenced above. We have been working with a client for over a year and they are now prepared to go forward with their plans to locate to Niagara Falls. Our client has forged many long term relationships with hundreds of customers in Canada and globally in industries such as construction, steel, mining, chemical, petrochemical, forestry, oil, gas, food and beverage processing, sports and entertainment. This company is also Canada's largest industrial refrigeration suppliers and plays a cdtical role in keeping food processors, distribution centres, breweries and beverage producers operating at peak efficiency and productivity. Given our client's extensive endeavors, they have been seeking.a location in an area from Fort Ede to Grimsby. They have thoroughly reseamhed the region for a location along the Q.E.W. in the Regional Municipality of Niagara, It is essential for them to have quick and easy access to the Q.E.W. due to the nature and size of various equipment they sell and service. Being close to the St. Lawrence Seaway and having easy access to Highway ~t05 and the Queenston- Lewiston Bddge are also important factors that have been considered. £0/~0 ' d 3350 MERRIT'rVILLE HI?HWAY, UNIT #9, THOROLD, ONTARIO L2V 4Y6 · (905) 688-3100 FAX: (905) 688-5524 PESS 889 S06 SBWOH MBIANI~IN~]OW 6~:g~ ~00~-~'~-834 Page 2 Our client has indicated that they wish to establish their new location on our lands located on the north side of Mountain Road and just east of the Q.E.W. They have determined that this location is Ideally located and suits all of their needs. They recognize that the subject lands are situated within the control of the Niagara Escarpment Commission, however, we are confident that the use of the subject lands will have no Impact on the natural beauty and conservation of the Niagara Escarpment. We are in the process of making the necessary app!icatlons Including to the N.E.C. for a change in use of the lands. It Is our opinion that formal support from the City of Niagara Falls will be necessary if we are to be successful. We welcome the opportunity to meet with the City to discuss this matter further. Thank you, in advance, for your consideration to our request and we await your reply. Respectfully, QEW-MOUNT PROPERTIES INC. MB:af £0x£0'~ P~SS 889 S06 SBWOH MBIANI~INnow 6P:9~ ~00~-~I-SBB !'I~,~.. Fi~LLS CLERi(S '01 022i 15.'20 Fallsview BIA 5400 Robinson Street 2nd Floor Niagara Falls, Ontario L2G 2A6 February21,2001 Mr E.C. Wagg City Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg: The Fallsview BIA at its' regular meeting of Friday, February 16, 2001 adopted its' budget for the Year 2001. The establishment of our corporate office, the introduction of our Marketing Plan- Phase One and the continuous support of programs with our partners along with other interesting opportunities has evolved into very exciting challenges before us. In order to meet our goals and support our Budget, the members of the Fallsview BIA have agreed to request the City of Niagara Falls to collect a levy against their properties of $200,000.00 for this year. I trust this requests meets with your approval and the appropriate time hame as required by Stag Thank you for your assistance in this matter. Fallsview BIA Tel. 905-356-1748 Falisview BIA 5400 Robinson Street 2ad Floor Niagara Falls, Ontario L2G 2A6 February 21,2001 Mr E.C. Wagg City Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg: The Fallsview BIA at its' regular General Membership Meeting in August 1999, held an election for nine (9) seats on their Board of Directors (as outlined in By-law 98-223). ] would note that four members (David Jovanovic, Nancy McIntosh, George Yerich Sr. and George Yerich Jr.) were elected for a two-year term; five members were elected for a one-year term. Unfortunately, an election for the five one-year term positions (vacant as of August 2000) was not addressed until last Friday (February 16, 2001). At that time, it was duly moved, seconded and carried by all that: a) Fallsview BIA members - Carmen Menecchella, Attila Cserpes, Ron Saks, Nick Matovic, Vince DiCosimo and Albert Zappitelli serve on the Fallsview BIA Board of Directors until August 2002 and, b) Fallsview BIA member - Amy Bignucolo serve on the Fallsview BIA Board of Directors until August 2001. While we are aware that By-law 98-223, specifically notes that the membership of the Board shall consist of a total of eleven members appointed by Council (two of whom shall, be members of Council), we would respectfully request that By-law 98-223 be amended to increase our Board to thirteen members. The purpose for our request is to continue to provide the leadership for the general membership of the Fallsview BIA through our Board of Directors and, the opportunity to have quorums at our Board of Director meetings as they are becoming more fi'equent. I would also note that the Fallsview BIA is continuing to develop our Constitution for presentation at our Annual General Membership Meeting to be held in August. Upon acceptance of our Constitution at that time, I will forward a copy for your records. In conclusion, I trust that our request meets with your approval and look forward to your positive response in this regard. Respectfully submitted, ---- ""-" ............... Tel. 905-356-1748 NIA A February 22, 2001 Mr. E.C. Wagg City Clerk City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Gentlemen: PUBLIC WORKS DEPARTMENT OPERA TIONAL SUPPORT SERVICES The Regional Municipality of Niagara 2201 St. David's Road W., P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 685-1571 Fax: (905) 687-8056 www.regional.niagara.on.ca/departmentsMorks/ DA'i E DJ!PT D/M/YR. INl; MAYOR ,~..7 ~iM[NISTRATOR I BUILDING t~TFMETERY ~ANCE ~ F RKS& REC ANNING ~,[ ICITOR :-Ca- Former Niagara Freeway Lands City of Niagara Falls Our File: L.04.000 As you are aware, the Regional Municipality of Niagara is the owner of several parcels of land previously acquired to accommodate the proposed Niagara Freeway project. These properties are illustrated on the appended sketches and include: · Parcel A This is a 0.26 acre parcel of vacant land having frontage on the east side of Allendale Avenue and the west side of Main Street (near Murray Street). These lands are described as being Part 1 on Plan 59R-5520. Parcel B This is a 0.405 acre vacant triangular shaped parcel of land fronting on the west side of Allendale Avenue. These lands are described as being Part 1 on Plan 59R-743. Parcel C This property contains an area of 4.2 acres and has frontage on the west side of Stanley Avenue and extends westerly to also front on the east side of Allendale Avenue. These lands are described as being Parts 1 and 2 on Plan 59R-509. This property currently accommodates three lessees: approximately 0.75 acres is leased to an adjoining owner (Your Host Motor Inn Ltd.); license has been granted to Gould Outdoor Signs for the placement of two sign structures; St. Catharines, Lincoln, Pelham, Thorold, Toll Free 905 Area - 1-800-263-7215 Niagara-on-the-Lake, Niagara Falls, Welland - 685-1571 Port Colborne, Walnfleet, Stevensville - 735-7960 City of Niagara Falls February 22, 2001 Page 2 The reminder of the proPerty, 3.25 acres, was leased to the City of Niagara Falls in May of 1990. The agreement was on a year to year basis with an annual payment of just $1.00 since the lands were to be used by the City for municipal parking purposes. In 1996, the City asked the Region to enter into a new agreement that would extend for a period of six years, commencing July 1, 1996. They also asked that the annual rent again be established in the amount of $1.00 but offered, that if the City realized a profit from the premises, that the annual rent would increase to a reasonable amount, dependent upon the profit realized. Due to unresolved differences of opinion, no agreement between the parties was reached, and this lease has never been finalized - the City has been viewed as an "overholding tenant". In the meantime, the City has entered into an agreement with the Ontario Casino Corporation, wherein the Casino Corporation pays to the City the sum of $50,000.00 per annum for their use of the same parcel of land. Since the "Niagara Freeway" project has been terminated, the above-described lands have been declared surplus to the Region's requirements. Further, as we are now preparing to dispose of these properties by public tender, we have given each of our tenants (on the aforementioned lands) notice of our intention to terminate their uses. With particular regard to Parcel C, while it is likely that the Casino Corporation's use will have to be terminated prior to our sale of the property, this will not necessarily be the case. Since the Region's Policy requires that the local municipality be given the first opportunity to acquire its surplus lands, it is possible that the City may be the "purchaser" of Parcel C. Therefore, we are not requiring that this occupation and use be terminated at this time. However, we do require that the City please confirm which, if any, of the above-described lands would be: of interest to them. Your early attention to this matter would be appreciated. Yours truly, Wayne A. G~A Properties O~ WAG/at (#pfm\wg\ 10515-wg-ltr-Niagara Fails) 'SUrplus Niagara Freeway Lands Parcels A,B & C Scale 1:4001 i 1,@ f)Jl.S /~DJJnW  : laa.qS uox!o ...... ~...~::~'! AVEN U E (NOW 00' w (PLAtt 40' I0" W (M£A$.) PLAN NOW N $o PAR ONTARIO OF THE KNOWN 30" W 00' W ( PLAN 653} {NOW 5-, ot~ zz '< ~ ~ o~. KNOWN AS ALLEN AVENUE BY BY-LAW 1560,1NST ALLEN STREET o I m T ~ I ~ I o -- HYDRO IF~LLS COMP~NY~ L~PS 574:53 (MEAS) 566'.?a(PLAN KNOWN AS S~ANLEY AVENUE BY BY'LAW 1~60, INST 25981) ~> Z 0 "1'1 O3 I'1'1 ,=~ 0 '1'1 Fallsview BLA 5400 Robinson Street 2nd Floor Niagara Falls, Ontario L2G 2A6 February21,2001 His Worship, Mayor Wayne Thomson City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Mayor: The Fallsview BIA have recently confirmed with the Regional Municipality of Niagara their intention to offer through Public Tender / Request for Proposal, the parcel of land on the west side of Stanley Avenue known as Parking Lot 2 for Casino Niagara patrons. We are aware that the Region owns this property, leased it to the City of Niagara Falls who in turn leased it to Casino Niagara. We support the concept of the Region divesting itself of surplus lands and realizing that any funds generated in the sale of these (and any other surplus lands) certainly assists them in their budget deliberations. We must however, indicate our strong opposition to the sale of these lands being offered for sale through a public tender process. City Council is and / or will be addressing several opportunities in the Fallsview Business Improvement Area, most of which could have a significant impact on this property. For example: · The construction and ultimate opening of the New Casino will place an ever- increasing demand on parking in the area. · Acquiring the lands from Canadian Pacific Railway Company and the subsequent development of the People Mover System will require parking. While City Council addresses the development of a Convention Centre in the City of Niagara Falls and independent of the final site selection, a satellite parking lot of this nature would certainly compliment the operation and the numbers of people that we will attract. While we appreciate that the disposal of the property is under the control of the Region, we would respectfully request the following: · That City Council acknowledges and supports the concerns of the Fallsview BIA That City Council advise the Regional Municipality of Niagara that it would like the Regional Municipality of Niagara to delay the sale of these lands for one year · That the Regional Municipality of Niagara extend its' lease of this property to the City of Niagara Falls for one year Mayor Thomson - 2 - Febmary21,2001 That City Staff(in consultation with all stake-holders and the Fallsview BIA) review the current and future parking demands in the Fallsview Business Improvement Area That prior to the expiration of this lease, City Staff report back to City Council with a long term strategy regarding off-street parking in the Fallsview Business Improvement Area I would ask you to note that while a request of this nature may have a negative impact on the future plans of some of our members and others (i.e. the New Casino, the City of Niagara Falls itself), the Fallsview BIA unanimously supported this position and directed staffto forward this letter. Taking the time to review this matter may ultimately lead the City of Niagara Falls to acquire the property and develop their own off-street parking lot / structure for the benefit for all of us. Should you deem it necessary, I would be pleased to appear before City Council and speak to this item prior to City Council making a decision. I trust this meets with your approval and look forward to your response in this regard. Respectfully submif~t~xi, Tel. 905-356-1748 NATIONAL KIDS DAY' JONE 9 Februery26,2001 National Kids Day in support of Kids Help Phone 439 University Avenue, Suite 300 Toronto, Ontario MSG 1Y8 Tel: 416-581-8960 Fax: 416-586-0651 E-maih ra rnona._kaptvn@ki_ds_help.__symlPatic_o.ca Website: www.na_tional_kid_sday, com City of Niegro Fells 4310 Queen St., Box 1023 Niegre Fells, ON L2E 6X5 boor Mayor Thomson, urFh ,~ ~ ~ Once =9=in, ~AYORS =c~oss C=n=~= =~e pl=yin~ = key ~ole in the eve~-inc~e=sin9 success of National ~i~s ~=y. ~unicip=l involvement encourages Can=dj=ns to celebrate the special pi=ce children hol~ in ou~ he~ts =n~ in ou~ society =n~ to help C=n=~i~n kids in need. Please join us in celebrating the 4th Annual National Kids Day in suppoet of Kids Help Phone on Saturday, ,Tune 9, 2003 by issuing a proclamation. As well es issuing e proclamation, we invite you to celebrate National Kids bey in your town or city by hosting an event in your square, fair grounds, community centre or at e school. Each year, many municipalities hold successful celebrations end fundreisers. We have enclosed a list of last year's participants and some "ideas" for you. Last year, 208 MAYORS ACROSS CANADA proclaimed the day. Not ell of them celebrated end raised funds, but those who did raised money for 30 Canadian children's charities end helped countless children living on the streets, coping with illness, feeling lonely end depressed - the list goes on and on. This year, we discovered a charity that helps Canadian kids cope with these issues and many more. The 2001 National Kids Day will support Kids Help Phone, Canada's only 24- hour, toll-free, national, bilingual end anonymous phone counselling end referral service for children and youth. Professional counsellors answer an average of 1,000 calls every day. Kids call about e range of issues, including relationships, homelessness, poverty, substance abuse and suicide. Last year, almost 135,000 calls were received from more than 715 communities in Ontario. Charitable Registration 13000 5846 RR0001 Through our school teaching program and other endeavours, children are being asked to seek out change to bring about change that will benefit kids. Corporations and other supporters of National Kids boy are also'joining in this fundraiser. Contributions can be dropped off across Canada at various locations including participating Town/City Halls. Will your Town/City Hall participate in our Fundraising Campaign? By officially proclaiming National Kids bay, you contribute so much. Your proclamation will help raise awareness of Kids Help Phone among the children in your community. ]~f you celebrate and participate in the fundraising campaign, it will help Kids Help Phone continue to be there for the 1,O00 kids who call eve~/day. ]~ncluded in this package is a sample proclamation, a National Kids Day in support of Kids Help Phone FACT SHEET, and a response form. A release highlighting your participation in National Kids Day in support of Kids Help Phone for distribution to the medi'a in your community will be sent to you when we receive your response, so please reply early. Should you have questions or require additional information, please call me at: Tel: (416) §81-896C) or Fax: 4~6-§86-06§! or E-mail: ramona.kaptyn~kidshelp.sympatico.ce Many thanks for your suppo~tl mos truly, na Kaptyn National Kids Day in support of Kids Help Phone Saturday, ,Tune 9, 2001 Fact Sheet National Kids Day in support of Kids Help Phone is a day to promote volunteerism and philanthropy among Canadian children and youth by celebrating the special place they hold in our hearts and in our society while raising money for Kids Help Phone. Kids Help Phone is Canada's only 24-hour, bilingual, toll-free, anonymous phone counselling and referral service for children and youth. Professionally- trained counsellors answer an average of 1,O00 calls every day. Kids c~ll about a whole range of issues, including relationships, substance abuse, homelessness, suicide - the list goes on and on. ]:n 2000, Kids Help Phone counsellors answered more than 363,000 calls from almost 3,000 communities across the country. Since the first National Kids bay in 1998, Canadian cities and towns have raised money and celebrated in innovative and festive ways: Mayoeal peoclamations · ]:n 2000, more than 200 Canadian mayors recognized National Kids Day by proclaiming it an official day of celebration in their city or town. Celebrations & Fundraisers · Big or small, cities and towns across the country hold events to recognize National Kids bay. Festivities include entertainment, face painting, bicycle safety checks - even helicopter rides. Since :iggs, Canadians have embraced National Kids Day as a day to celebrate children in our communities and raise funds for our kids in need. · Shopping malls also join in the fun. Every year, malls across the country set up arts and crafts activity centres featuring product and prizes donated by our sponsors. For a contribution, kids of all ages can draw, colour, create and have fun. They can als0 enter our 'Help Spread A Smile" contest by illustrating themselves smiling (either through original artwork or a photo) and explaining how they can spread their smile to cheer up or help another. · "Help Spread A Smile" is also a component of the Notional Kids Day in support of Kids Help Phone school study program. Many schools across Canada participate in the program that teaches the value of volunteerism and philanthropy. · The fundraiser held in conjunction with National Kids Day encourages children and adults alike to make a donation to help Canadian kids. Drop- off points can be found at all participating shopping malls, retail stores, municipal offices, at events, and at other locations which will be announced. · Supporters of National Kids Day in support of Kids Help Phone can also purchase Smile Songs, a compilation of 2! songs by popular children's artists. The CD/cassette is available at Zndigo Books, Music & more,.~t www.indiqo.ca or by calling :I-877-474-4672. Visit nationalkidsday.com for more National Kids Day information. Want to know more about Kids Help Phone? Visit kidshelp.sympatico.ca. National Kids Day in support of Kids Help Phone 439 University Avenue, Suite 300 Toronto, Ontario M~ Tel: 4:~ 6-§8:~-8960 Fax: 4~6-586-065! E-mail: ramona.kaotvnCE, kidshelp.svrnpatico.ca How l'owns/¢ tie, Can Celebrate A/af~'o~l /(~ds' Day - ~ru~e 9, ~OOL ~very town/city has a multitude of talent. ]~nvite local entertainers -singers, magicians, clowns, comics, etc. ta perform at the Town/City Square or other venue. Brings everyone together providing fun/entertainment. Have an awards ceremony recognizing children heroes or other special kids in the community. · ]~nvite children to bring their animals to a pet show~competition. · Have a kite making/flying contest. I~ecognitian foe the most original kite, kite in the air the longest. · Have a mask making day ar a puppet making/performance day. · Participate in our "HOW CAN Z ,SPREAD A SMZLE~ Contest. Znvite kids to draw a picture of themselves (ar bring a photo from home) with a written line or two on the picture telling how they can 'spread their smile' to cheer up or help another. Send the top three pictures to us for judging. Prizes will be awarded to winners across Canada. · Ask your Police Department to participate by having bicycle safety checks and other kid-related activities. · Have a sidewalk chalk art contest. · Zntroduce your own original ida,,_e that will display and celebrate your community and children's talents. · Or invite kids to paint a mural representing Notional KIds Day In support of Kids Help Phone. -Ask a local canstructian site contractor with blank hoarding/fencing to donate paint and garbage bags for aprons. -Contact your local newspaper and ask for the paper spool/spindle ends to pin up and paint. THE ...... ASK EVERYONE 1'O CONI'RZBUTE TO reA rZQNAI, ICZDH DAY TN SUPPORT OF ICZDH HELP PHONE FUNDRAZsZN~ CAMPAZ~'~%I Proclamation Alattonal Kids Day ,Tune g, 200! WHEREAS: I~lational Kids Day has been established to celebrate and help Canada's children. ]:t is a day for the Canadian public, corporotions, governments and ~ssociations to recognize the special place children hold in our hearts and in our society and to raise funds for our children in need. WHEREAS~ The goal of National Kids Day is to provide funds for the financial support of Kids Help Phone and to develop a link with schools through websites, study programs and other means to educate children about the need to give back to the community, volunteer and support charities. WHEREAS: Members of National Kids Day include concerned associations, corporations and organizations who are leader~J in their fields. WHEREAS~ On .Saturday, ~Tune 9, 2001, the 4~'h Annual National Kids Day will be celebrated across Canada to recognize ~nd help Canada's childrer~ Mayor of in the Province of do hereby proclaim ~Tune 9, 200! to be National Kids Day and urge all residents to join in celebrating children on this day. .. Signed: Who t-I~ld ~ven~s OR Fundraisees on ,Tune ~ 0 ROO0 Alberta L Bentley (Village of) 2. Black biamond (Town of) 3. Bruderheim (Town of) 4. bevon (Town of) 5. Mil/et (Town of) 6. O~ds (Town of) 7. St. Albert (City of) 8. Opportunity No. Z7 (Municipal District of) ¢ourtenay (City of) Parks Alivel in Kelowno (City of) Kimberley (City of) Ladysmith (Town of) Powell River (District of) Qualicum Beach (Town of) Squamish (District of) N~ BeunsWick 16. C~uispamsis (Town of) 17. ¢larenville (Town of) 18. beer Lake (Town of) 19. Channel Pert. Aux.~Z~lU~ (Town of) North West Tea~itoei~- 20. Hay River (Town of) 21. Y¢llowknife (City of) (c/o Block Parent Peagram) Nova Scotia 22. Richmond (County of) 23. gracebridge (Town of) (on ~Tune 28) 24. bufferin (County of) (Hosted events in Orangeville, Grand Valley, Shelburne, Honeywood) 25. Hanover (Town of) (Fundraiser at Town Hall and Public Library) 26. :raquois Falls (Town of) (at Porcupine Health Unit on ~Tune. 3) 27. Kapuskasing (Town of) " 28. Lindsay (Town of) 29. Newmarket (Town of) 30. Niagara Falls (City of) 31. North Grenville (Township of) 32. Orillia (City of) 33. Pelham (Town of) 34. St. Charles (Municipality of) Edward Charlottetown (City of) 36. L'Assomption (Ville de) 37. Loretteville (Ville de) 38. Rock Forest (Ville de) 39. Saint-~esn-Chrysostome (Ville de) 40. $ainte-~Tulie (Ville de) 41. Saint-Felicien (Ville de) 42. $aint-Laurent (Ville de) 43. Varennes (Ville de) 44. Humboldt (Town of) 45. Prince Albert (City of) (at Prodigy Human Resources) National Kids Day in suppoe~ o£ K/ds t4elp Phone Sal~edoy, ~'une 9, 200! ~ESPOI~E FORM Contact Name: Mayar's Nome: Ci~/Towm Prov~nce:. Address: ostol Code:,, Telephone:,, I:~Yes - will proclaim I~Procl~motian enclosed Gl~oclamotlan will follow Fax: E-mail: .'" ~No - will not proclaim I:TYu - will hold an eventlfundreiser nNo. will not hold an even. t/fuodraiser (Posters and stickers will be supplied if you are holding an event/fuodr~ser.) City/'l'own Hall will post I~tionai Kids Dcry in supper of Kids Help Phone Poster and pc~lcipato in the Fuodraising Campaign from ~Tuna 1" though to ~Tun~ 12th* ; *Please make cheque payable to Kids Help Phona and moil t..o the address below ot end of ?~e campaign. OR deposit donated change/mm~e~, you will be advised of the deposit I~otian. Please return this farm by Fax ar Moil at your earliest convenience to: Ramona Kaptyn, Managee National Kids Day in SUPlX~t of Kids Help Phone 45g University Ave., ~dte 300 Toronto, Onterio M~ I¥8 Phone: 4Z6-~81oSg60 Fax: 4~6-~86-06~ ?xa~*orm ~roup (~16) 59B-1291 p. 1 Ilenco in sdeoce, technology ond inoovolion by elemefllory and secondary school sludenh in Ontario. TRANSMISSION TO: Mayor Wayne Thompson COMPANY NAME: City of Niagara Falls FAX NUMBER: (905) 357-9293 FROM: Barbara Terenzio - Sci-Tech Ontario PHONE NUMBER (416) 598-8827 DATE: March 1, 2001 ]~E: YOUNG SCIENTIST MONTH Number of pages: 8 (including cover page) COMMENTS: Enclosed please find a letter for you and an information package regarding Sci-Tech Ontario's declaration of 'Young Scientist Month', which has the support of the Honourable Jim Wilson, MPP, Ontario's Minister of Energy, Science and Technology. Along with a letter, enclosed you will find: · A Media Release · Sci-Tech Ontario's Declaration · Minister Wilson's letter of support · Backgrounder on Sci-Tech Ontario · List of Regional Fair Dates in Ontario (2 pages) · PSA script (for tv & radio media) If you require any additional information, please call me at (416) 598-8827. Regards, Barbara 481 University Ave. Suile 703 Toronto, Onlorio MSG 2E9 Tel: (416)598-8827 Fox:(416) 598-1291 Email; sto4~_,theplalformgr oup.nel www.scitechontorio.or9 . M~r .u1 U1 $CI-TECI-I 11:51& Plmt?orm Group (41G) 598-1291 Suppoffing and ceZebrating participation and excellence in science, lechnalagy and innovalion by elementary and secondary school s~clenL~ in Onta~o. p.2 For Immediate Release February 28, 2001 'YOUNG SCIENTIST MONTH' DECLARED IN ONTARIO (Toronto) - March has been declared 'Young Scientist Month' in Ontario by thc provincial body that supports regional science fair groups throughout the province. In making the declaration, the non-profit resource group Sci-Tech Ontario is helping to recognize and celebrate the more than 250,000 students taking part in science and technology fairs across the province during the month. From Windsor to Ottawa, from Niagara Falls to Moose Factory, young Ontario scientists from Kindergarten to OAC are completing months of hard work and innovation, and bringing the resulting projects to their local science fairs this month. The best science and technology projects will advance to regional fairs in thc weeks ahead. The top young scientists from each region will champion Ontario at the national science fair, which is being held this year in Kingston, from May 12 to 19. "Our future quality of life, scientific discoveries and economic strength depend on encouraging these young scientists to continue learning and innovating," said Renl Barlow, President of Sci-Tech Ontario. Sci-Tcch Ontario's declaration of'Young Scientist Month' has the support of the Honourable Jim Wilson, MPP, Ontario's Minister of Energy, Science and Technology. Wilson, a long-time supporter of science and technology literacy among Ontario youth, called Young Scientist Month in Ontario "an excellent opportunity to celebrate and encourage the hard work and innovative thinking of our young scientists". "Across Ontario, these young scientists have been getting encouragement and support from their families aqd dedicated volunteers," noted Barlow, "But every Ontarian stands to benefit from having a generation of scientifically literate and capable youth. Young Scientist Month gives all of us the opportunity to support the young people in our lives and encourage them to get or stay involved in science and technology education." - 30 - Attachments: 1. Declaration of Young SCientist Month 2. Backgrounder on Sci-Tech Ontario and Science Fairs 3. List of Regional Science Fairs in Ontario 4. Letter of Support from Minister Wilson For more information contact: Sci-Tech Ontario (416) 598-8827 481 Univsrsily Ave. Suile 703 Toronto, Ontario /~56 2E9 Tel:(416) 598-8827 Fax: (416) 59B-1291 lmoil: sto(~theplotlormgroup.net www.scitechontarJo.or g rzac~orm broup [~l~J b~U-l~l DECLARATION Whereas tens of thousands of students from Kindergarten to OAC will be participating in local and regional Science and. Technology Fairs across Ontario in March, and These young scientists are producing scientific projects that demonstrate Innovation, Initiative and Imagination, and The best of these projects and brightest of students will champion our province at the national science fair, and It is in the best interests of young people to acquire knowledge and skills in science and technology to better understand the world and to further their educations and future employment prospects, and It is in the best interests of our society and our economy to support the creation of a generation of scientifically literate young people who will push forward the boundaries of our knowledge through their research and work, and All Ontarians should be supporting and celebrating participation and excellence in science, technology and innovation by elementary and secondary school students in Ontario... Therefore, we declare that March, 2001 is the first annual 'Young Scientist Month' in Ontario. So declared February 28, 2001 by Sci-Te ch 0 ntario Sci-TEclt .mar, uz uz zz;aca r~a:torm ~roup i41G! 5~8-1~91 p.4 February 27, 2001 Rent Badow President, Sci-Tach Ontario 481 University Avenue, Suite 703 Toronto, Ontario M5G 2E9 Dear Mr. Badow; Thank you for the opportunity to lend my support to your organization's declaration of 'Young Scientist Month' in Ontario for March, 2001. As young people in every comer of the province complele their imaginalive science projects and bring them to their local and regional fairs this month, we all have an excellenl opportunity to celebrate and encourage their hard work and innovative thinking. By officially marking this month as a time when young scientists compete and show what they have learned, we can help encourage the broader Ontado public to support local science and technology fairs all over the province. Even more importantly, we will encourage Ontario's young people to get involved--or stay involved--in science and technology education. As you know, our government continues to make major investments in encouraging Ontario youth to acquire skills and knowledge in science and technology. We want to help them to better understand the world. Io further their education, and to embark on the best careers they can find. Ontario benefits, and our economy benefits, when we support the crealion of generations of scientifically literate young people who will push back the boundaries of our knowledge through their research and exploration. Therefore, I hereby declare my support of 'Young Scientist Month' in Ontarlol In closing, I wish your o[ganization the best in promoting sci-tech literacy among Ontario youth. Your continuing support of the dedicated volunteers and science fair participants throughout our province is truly making Ontario a better place to live. Please accept my best wishes. Sincerely,  i~Wilso~~ Minister BACKGROUNDER SCI-TECH ONTARIO Sci-Tech Ontario is a non-profit, volunteer-based organization with a mandate to promote and celebrate participation and excellence in science and technology fairs by Ontario youth. Specifically, Sci-Tech Ontario acts as a resource group to support the 30 regional science and technology fair organizations in Ontado with resources including funding, information, coordination and advice. Among other things, Sci-Tech Ontario promotes Team Ontario (the young scientists who champion our province at the national science fair) and directs the Minister's Award of Excellence (recognizing an outstanding project in each region). Our volunteer Board of Directors consists of educators, parents, scientists and other concerned Ontarians who care about giving our children the best opportunities for the future. SCIENCE FAIRS IN ONTARIO It's estimated that every year, more than 250,000 students in Ontario compete in local science fairs. The best projects move on to the 30 regional fairs. The top students from those regional fairs (approximately 175 of them) are then chosen to represent our province as 'Team Sci-Tech Ontario'. This is the team we send to the national fair to compete against students and their projects from every corner of the country. Canada-Wide Science Fair 30 regional fairs in Ontario 250,000 students at local fairs across Ontario The local and regional fairs are organized by non-profit groups, staffed by dedicated volunteers who raise funds, judge projects, run the events and support and coach the students. These groups, and the young scientis[s who take part in the fairs, are the beneficiaries of Sci-Tech Ontario's support. .Har, O1 O1 ll:S2a Plat?orm Group (4lB) 59B-1291 SCI[ ~uppoding and celebrating pa~ctpation and excellence in scien~, technology and Innovation by e)ernenta~ and .4econdary schcel studen~ in Ontario. RE(}IONAL FAIR DATES IN ONTARIO 2001 PaBe 1 of 2 SOUTHWEST ONTARIO' Area i. David Noordhoff · · Representative:. Teli l · ' 519 -354-3760 i:~ .: ' .; Fax: · · 519-352-8242 ' : E-ma!l: dnoordho(~sympatJco.ca i Avon Maitland Huron Perth Regional April 11 Seaforth and District Community Science Fait Centre, Seaforth The Bluewater Regional Science and April 3 Bayshore Community Centre, Technology Fair Intermediate/Senior Owen Sound April 11 Junior Kent Regional Science Fair April 6~ 7 St. Joseph Auditorium, Chatham Lambton County Regional Science Fair April 6,7 Lambton College, Samia London District Science & Technology Fair April 6, 7, 8 G.A. Wheable Centre for Adult Inc. Education, London Waterloo-Wellington Science and April 10 Bingeman Park, Marshall Hall, Engineering} Fair Kitchener Windsor Regional Science Fair April 1 The St. Denis Centre, University of Windsor, Windsor NORTH ONTARIO · Area Lorraine Ca'ntin ': ..... Representative:- Tel: 705,268;72'831 · ' Fax: 705-268;02'32. " · . ' E-mail: Icantifi~ntl:sympatico.ca AJgoma Rotary Regional Science Fair April 5, 6,7 George Leach Centre, Algoma University, Sault Ste. Marie The East Parry Sound Regional Science Not available at this Fair time North Bay Regional Science Fair April 6, 7 North Bay Mall, North Bay North Channel Regional Science Fair Apdl 6, 7 W.C. Eaket High School, Blind River Northwestern Ontario Regional Science April 9 Sanders Fieldhouse, Lakehead Fair University, Thunder Bay Sudbury Regional Science Fair April 6, 7 & 8 Awards Ceremony: MacDonald Cartier High School, Sudbury Sunset Country Regional Science Fair March 31 Beaver Brae Secondary School, Kenora, Timmins Regional Science Fair April 5, 6,7 Ecole Secondaire Theriault, Timmins Mar U1 U1 ll:b~a PlatForm Group REGIONAL FAIR DATES IN ONTARIO 2001 Page 2 of 2 SOUTH CENTRAL ONTARIO Contact: Barbara Terenzio Tel: 4!6~59S-8827 Fax: 416-598-1291 E-malh sto~t heplatf0rmgrou p:net Hamilton-Wentworth and Halton April 4 - 7, 2001 Sheridan College, Trafalgar Science and Engineering Fair Campus, Oakville Niagara Regional Science and Engineering March 23 ~ reg./ Brock University, St. Cathadnes Fair March 24 - judging/ March 25 display Peel Regional Science Fair Fair: April 18/01 / University of Toronto Mississauga Awards: April 19/01 Campus, Erindale College, Mississauga Simcoe County Regional Science Fair April 7, 2001 Midland S.S., Midland Toronto Science & Technology Fair 2000 March 24 -East University of Toronto, University March 31 - West College, Toronto April 7 - Main CENTRAL'ONTARIO Area Adrlen:,Ea~Oui'~Ux · .Representative: T~I: ' 653~,::~9~2:'i: 0~:139a-0722 E-math. I seb SSOit~quintenet.com Peterborough Regional Science Fair April 10 Trent Universily, Science Complex. Peterborough Quinte Regional Science and Technology April ? Ouinte Mall, Be~leville Fair Victoria County Science Fair April 7 I.E. Weldon Secondary School, Lindsay EAST ONTARIO Area Cblleen::Mac:Lean.. . Representative: Tel: "61'3~33~6~55.' E-maiL: cwsf~PosLqueensu.ca Frontenac-Lennox Addington Science Fair April 6 & 7 Queen's University, Faculty of Education, Kingston Otlawa Regional Science Fair April 6th & 7th, 2001 Canadian Museum of Nature, Ottawa Renfrew County Regional Science Fair April 7th, 2001 Thee Place, Pembrooke Rideau-St. Lawrence Science Fair April 7th & 8th, 2001 1000 Islands Mall (Banquet at SEI auditorium), Brockville United Counties Science Fair March 31st, 7001 General Vanier & St. Joseph's S.S, Cornwall PSA Scripts - Young Scientist Month in Ontario Scdpt 1 - All this month, across Ontario, some of our brightest young minds are competing at local and regional science fairs.., showcases for ideas, inventions and innovation. That's why this is 'Young Scientist Month' in Ontario - a chance for all of us to support and encourage the young scientists who will help shape our tomorrow. The [NAME OF REGIONAL FAIR] will be held [DATE] at [PLACE]. Drop by and see the ideas of the future, today! A public service announcement from Sci-Tech Ontario and [STATION ID]. Script 2 - We all know the kids in our schools who score the goals and win the games.. but how about those who will grow up to cure our diseases or develop the next great invention? March is 'Young Scientist Month' in Ontario - a chance for all of us to support and encourage the young scientists who will help shape our tomorrow. Considering that science and technology will be the keys to our future jobs and quality of life, shouldn't 'sci-tech heroes' be important too? A public service announcement from Sci-Tech Ontario and [STATION ID]. The City of Niagara Fall~ Canada Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-maih melb@city.niagarafalls.on.ca Mel Brown, Director BBS-2001-05 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: Re: March 5, 2001 BBS-2001-0$ Appointment of Provincial Offences Officer Niagara Falls Humane Society RECOMMENDATION: That Nicole Irene Lowther be appointed as an Animal Control Officer for the purpose of enforcing Animal Control By-Laws of the City of Niagara Falls. BACKGROUND: Nicole Irene Lowther has been appointed as a part time Animal Control Officer for the Niagara Falls Humane Society. She will require the authority to enforce Animal Control By-Laws so that she may perform the duties and the Society has requested she be appointed as an Animal Control Officer for the purpose of enforcing Animal Control By-Laws of the City of Niagara Falls Sheri Horan, previously appointed as a part time Officer will no longer be performing these job duties with the Humane Society. ~//~M~n,,a~g~/~t e Wh e!i;i~~ y-law Enforcement Mel Brown Director (~pproved by: ~//Executive Director of Community Services. Edward P. Lustig'?.-,~_.._ J Chief Administrative officer,,j Working Together to Serve Our Community ~ Municipal Works · Fire Services · Parks, Recreation & Culture * Business Development · Building & By-law Services The Ci , of Niagara Foils Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail:munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2001-22 File G-180-01 March 5, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2001-22 Municipal Parking & Traffic Committee Recommendations - February 20, 2001 Meeting RECOMMENDATIONS: 1) MW-2001-12 - Victoria Avenue - Right Turn on Red Restrictions It is recommended that a "No Right Turn on Red" restriction be implemented on: the north and south approaches of Victoria Avenue at Kincaid Place/McRae Street; 2. the north and south approaches of Victoria Avenue at Jepson Street; and, 3. the north and south approaches of Victoria Avenue at Simcoe Street. 2) Request for removal of 2 hour Parking Zone on Bridge - CANPASS It is recommended that: the two hour parking zone on the north side of Bridge Street be removed for a 6 month trial period; following the 6 month time period staff review the situation and report back to the Committee; and 3. This request be forwarded to the Region for their approval. 3) Municipal Parking Lot # 17 (Casino Lot #2) Stanley Avenue It is recommended that the issue concerning the possible termination of the lease with the Region, regarding Municipal Parking Lot # 17, in the Fallsview Tm~st Area, be forwarded to Council for consideration, along with correspondence received from the Fallsview B.I.A. 2001-03-5 -2- MW-2001-22 BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of February 20, 2001, considered the matters noted and formulated the recommendations above. Councils concurrence with the recommendations outlined in this report would be appreciated. Respectfully submitted by: ~:~. Alderman Kim Craitor, Chairperson, Municipal Parking & Traffic Committee S:\TRAFFIC~REPORTSX2001'O.001 CouncilWIW2001-22.wpd ~i!t¥1. F~iLL.S CLERKS ~0.[ 022i 15 2~) Fallsview BIA 5400 Robinson Street 2nd Floor Niagara Fails, Ontario L2G 2A6 February21,2001 His Worship, Mayor Wayne Thomson City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Mayor: The Fallsview BIA have recently confirmed with the Regional Municipality of Niagara their intention to offer through Public Tender / Request for Proposal, the parcel of land on the west side of Stanley Avenue known as Parking Lot 2 for Casino Niagara patrons. We are aware that the Region owns this property, leased it to the City of Niagara Falls who in turn leased it to Casino Niagara. We support the concept of the Region divesting itself of ~urplus lands and realizing that any funds generated in the sale of these (and any other surplus lands) certainly assists them in their budget deliberations. We must however, indicate our strong opposition to the sale of these lands being offered for sale through a public tender process. City Council is and / or will be addressing several opportunities in the Fallsview Business Improvement Area, most of which could have a significant impact on this property. For example: The construction and ultimate opening of the New Casino will place an ever- increasing demand on parking in the area. · Acquiring the lands from Canadian Pacific Railway Company and the subsequent development of the People Mover System will require parking. · While City Council addresses the development of a Convention Centre in the City of Niagara Falls and independent of the final site selection, a satellite parking lot of this nature would certainiy compliment the operation and the numbers of people that we will attract. While we appreciate that the disposal of the property is under the control of the Region, we would respectfully request the following: That City Council acknowledges and supports the concerns of the Fallsview BIA · That City Council advise the Regional Municipality of Niagara that it would like the Regional Municipality of Niagara to delay the sale of these lands for one year · That the Regional Municipality of Niagara extend its' lease of this property to the City of Niagara Falls for one year Mayor Thomson · - 2 - February 21, 2001 That City Staff(in consultation with all stake-holders and the Fallsview BIA) review the current and future parking demands in the Fallsview Business Improvement Area That prior to the expiration of this lease, City Staff report back to City Council with a long term strategy regarding off-street parking in the Fallsview Business Improvement Area I would ask you to note that while a request of this nature may havea negative impact on the future plans of some of our members and others (i.e. the New Casino, the City of Niagara Fails itself), the Fallsview BIA unanimously supported this position and directed staffto forward this letter. Taking the time to review this matter may ultimately lead the City of Niagara Falls to acquire the property and develop their own off-street parking lot / structure for the benefit for all of us. Should you deem it necessary, I would be pleased to appear before City Council and speak to this item prior to City Council making a decision. I trust this meets with your approva! and look forward to your response in this regard. Respectfully submi~tt~, TeL 905-356-1748 The City of Niagara FallsI Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: bdarrall@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2001-24 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls March 5, 2001 Members: Re: MW-2001-24 Ontario Labour Relations Board Decision Regarding Water Meter Installation RECOMMENDATION: It is recommended that: 1. Council pass the attached resolution requesting the Province to revise Provincial Legislation requiting the use of plumbers for the installation of water meters; 2. The resolution be cimulated to all Municipalities and AMO requesting support; and 3. Staff be authorized to attend meetings on behalf of the City where needed to work on the appeal of the Ontario Labour Relations Board Decision1348-99-HS; 1349-99-HS. BACKGROUND: In July of 1999, the Ministry of Labour issued an order to Schlumberger to use Licenced plumbers or apprentices for the installation of water meters. Schlumberger appealed the order to the Labour Relations Board. On September 25, 2000, the Ontario Labour Relations Board upheld the order and stated water meters must be installed, changed out or tested by a licenced plumber or plumber's apprentice (see attached decision). Staff has several concerns with the ramifications of this decision as outlined below: The use of plumbers will substantially increase the cost of any meter program. As Council may recall during the tender process Schlumberger's bid was approximately $4.5 million, the next lowest bid utilizing :plumbers for the install was $10.3 million. There is no increase in service to the public for the increased cost. The use of plumbers will substantially increase the cost of maintaining the meters. Whenever the City wants to test a meter or replace a faulty meter this work will have to be done by a plumber. This increased cost will be passed on to the ratepayers in the form of higher water rates. Working Together to Serve Our Community Municipal Works Fire Sen/ices · Parks, Recreation & Culture . Business Development MW-2001-24 2 2001-3-5 work will have to be done by a plumber. This increased cost will be passed on to the ratepayers in the form of higher water rates. Schlumberger has proceeded with initiating a Judicial Review of the decision and is looking at other options if that review fails. Staff believe that municipalities should be supporting this review and other political avenues to have this ruling changed or the legislation changed to make this ruling non applicable. If the Judicial Review fails there are two options, which may be pursued. The first is to request the province to clarify the existing legislation and state clearly that plumbers are not required to install water meters. The second option is for the Province, under the Trades and Qualifications Act, to create a new technical trade "Water Meter Installer." With the second option which is preferred, the work is not being taken away from plumbers, but a new trade which only deals with the installation of water meters is being created. Based on the above, we are requesting that Council pass the attached resolution requesting the Province to revise the legislation to make it clear that plumbers are not required to install water meters. In addition, that Council authorize staff to attend meetings and provide information to assist in the judicial review or any other political remedies. Council's concurrence with the above recommendations would be appreciated. Prep~by: Manager of Engineering Services Respectfully Submitted by: Edward P. Lustlg Chief Administrative Officer Ed Dujlovic, P. Eng. Director of Municipal Works Ap, p~roved by: ~ on ,,Executive Director of Community Services S:~-EPORTS~001 Repona~dW-2001-24 Om Labour Board.wlxl Resolution: Whereas the Ontario Labour Relations Board has ruled that water meters must be installed, tested or changed by licenced plumbers or plumber's apprentices; and Whereas the use of licenced plumbers or plumber's apprentices will substantially increase the cost of installing and maintaing water meters; and Whereas the increased cost will be passed on to the ratepayers without an increase in service; Therefore be it resolved that the Council for the Corporation of the City of Niagara Falls requests the Province of Ontario to revise the Trades and Qualifications Act to pemfit the installation of water meters by trained installers/technicians; And Further; that this resolution be circulated to all Municipalities and AMO for their support. ONTARIO LABOUR RELATIONS BOARD 1348-99-HS; 1349-99-HS Schlumberger Canada Limited, Applicant v. Ministry of Labour, Responding Party. BEFORE: Patrick Kelly, Vice-Chair. APPEARANCES: Michael Horan, Lane Brennan and Steve Dramwitzke appearing on behalf of the applicant; Bruce Amott and Don Franette appearing on behalf of the Ministry of Labour. DECISION OF ~ BOARD; September 25, 2000 1. Board File No. 1348-99-HS is an appeal of an order (No. 883609) of a Health and Safety Inspector (''the inspector"). Board File No. 1349-99-HS deals with the suspension of the order. Background 2. Order No. 893609 contains five discrete parts. Two of these relate to O. Reg. 213/91. At the hearing of this matter on February 23 and 24, 2000, the applicant indicated it was not pursuing an appeal of these parts of the order. 3. The remaining three parts of the order consists of a determination that an individual violated subsection 1(2) of O. Reg. 784/93 ("Reg. 784/93) made pursuant to the Occupational Health and Safety Act, 1LS.O., 1990, e. O.1, as amended, ("the OHSA''); a detewdnation that the applicant violated subsection 1(3) of Reg. 784/93; and thirdly, a determination that the applicant also violated subsection 23(1) of the OHSA. 4. The inspector dete./~:ined that an independent contractor, Leonard Kingston ("Mx. Kingston"), who provided services on behalf of the applicant (also referred to as "Schlumberger"), inst,_ !led a water meter in a residence in the City of Niagara Falls, and that Mr. Kingston was not a certified plumber or an apprentice plumber. In the inspector's view, the installation of water meters was work that fell within the parameters of the plumber trade. 5. MX. Kingston did not appeal that portion of the order made against him personally. Accordingly, what rerflalns to be determined is whether or not Schlumberger violated Reg. 748/93 and subsection 23(1) of the OHSA. Subsections 1(2) and (3) of Reg. 784/93 provide as follows: 1(2) No worker in a trade set out in the Schedule, other than an apprentice as defined in section 1 of the Trades ~ualificatton Act, shall carry out any work in that trade unless the worker holds a subsisting certificate of qualification in that trade. -2- (3) Every employer who employs a worker in a trade set out in the Schedule, other than aa apprentice az defined in section 1 of the Trades Qualification Act, shall ensure that the worker hold~ a subsisting certificate of qualification in that trade. The Schedule referred to in the above-noted subsections lists 17 trades, one of which is identified as "Plumber'. Section 23(1) of the OHSA provides: 23. (1) A constructor shall ensure, on a project undertaken by the constructor that, (a) the measures and procedures prescribed by this Act and the regulations are carried out on the project; Co) every employer and every worker performing work on the project complies with thi.~ Act and the regulations; and (c) the health and safety of workers on the project is protected. 8. The aspects of the order pertaining to Reg. 784/93 were suspended by decisions of the Board dated August 31, 1999, September 3, 1999 and February 25, 2000. Issues 9. The issues in this matter are best illustrated by setting out the i~mework of the applicant's case, which was argued as follows: The work of installing water meters is authorized by subsection 50(1) of the Public UttTities Act, tLS.O. 1990, c. P. 52 (referred to herein~er az "the Public Utilities Act" or "the PUA''). Pursuant to subsection 50(1), public utilities may authorize persons who are not apprentices or who do not held certificates of qualitication in the plumber trade ("non-certified workers") to install water metere. The applicant'S use of non-certified workers to install water meters was therefore lawful; (ii) In any event, the installation of water meters does not fall w~thln the definition of "plumber" contained in section 1 of R.R.O. 1990, Regulation 1073 C'Reg. 1073"), made pursuant to the Trades Qualification and/~pprenticeship Act, R.S.O. 1990, c.T. 17, az amended (referred to hereinafter az "tile Trades ~ualification and .4pprenticeship .4ct" or "the T~I ~lct'') . Consequently Reg. 784/93 has no application to the installation of water meters; (iii) In there is any conflict between the PUA and Reg. 784/93 eoneemmg the issue of whether or not non-certified workers may perform water meter installation work, the FUA must prevail. The evidence 10, There was little dispute with respect to the material facts in this case. -3- 11. The parties submitted an agreed statement of facts, which was supplemented by the evidence of several witnesses. The text of the a~'eed statement of facts provides as follows: The Applicant is a corporation incorporated pursuant to the laws of the Province of Ontario. It is a dis~butor of utility (gas, water and electricity) meters. The Applicant also in*tails, replaces, repairs and tests utility meters. The Applicant has 138 employees and utilizes the services of approximately 89 independent contractors in Ontario. 2. On or about February 6, 1999, the' Council of the City of Niagara Falls approved a plan to install approximately 22,150 water meters and replace approximately 3,000 water meters within the geographic area of the City of Niagara Falls. The installation of water meters on all residences in a municipality is commonly referred to as "Universal Metering". 3. Given the large number of water meters that were to be installed pursuant to Universal Metering, the City of Niagara Fsll, (the "City") was unable, within the required time period, to perform the installations using its own employees. As such, on or about March 9, 1999, the City invited tenders for the work of installing the water meters. ** In March, 1999, the City awarded the Applicant the contract for "Supply and Installation of Water Meters" in respect of approximately 25,000 water meters in the City (the "Contract"). The value of the ConRact was appioximately $4.5 million. The Contract does not require that the person installing the water meters be apprentice plumbers or certified plumbers. The Applicant has extensive experience in the installation of water meters on residential and commercial properties, tn the past eleven years, the Applicant h~L,~ installed, replaced, tested and repaired approximately 375,000 water me~'s in Ontario, more than any contractor or uglity in Ontario. The Applicant commenced installation of water meters purs-s-t to the Conlract on or abut lune 1, 1999. At that time, approximately 6 employees of thc Applicant and 25 independent comractors were engaged ii.ailing the water mete~ (the "Workers"). Thc Applicant pays the Workers on the basis of an amount for each water meter installed or replaced. The Worker receives a base fee of $23.00 for each new residential installation and $14.00 for each residential meter replacement. The Applicant trains the Workers in the installation of water meters. The tr~inin~ includes one day of in-class tl~ining, and a minimqm ore day of accompanying a trained meter installer. The workers are h-ained on water meters, safety procedures, customer service, the installation of water meters, and how to ensure that the water meters ar~ installed correctly so that they accurately measure water usage in the long-grin. 10. The details of the work of installing water meters for Universal Metering are as follows: the worker enters the building, closes the main water valve into the building or in the building, accesses the water pipe on which the motor will be -4- placed, cuts the pipe, installs water meter fasteners to the pipe, installs the meter on the pipe, ensures the meter is properly grounded, opens the main water valve, and check~ for water leaks around the water meter, 11. On average, it take a Worker 90 minutes (including time for travelling and paper work) to complete the installation. 12. On average, a Worker can install 4 to S water meters in one eight-hour working day. 13 .At all material times, Leonard Kingston was an independent contractor engaged by the Applicant. He received the training set out in paragraph [sic] 14. On or about July 22, 1999, Mr. Kingston was installing water meters in the City, pursuant to the Conh'act. 15. On July 22, 1999, Ministry of Labour inspector Don Frenette issued an Order to the Applicant requiring that every worker in a "compulsory trade" holds a certificate of qu~!ification in a compulsory ffade, and requiring that the Appl/cant provide proof of qualification for Mr. Kingston as a plumber to Inspector Frenette. 16. Also on July 22, 1999, Inspector Frenette issued an Order to Mr. Kingston requiring Mr. Kingston, as a worker, to ensure that he is an apprentice or holds a celtiftcate of qualification in a compulso~ trade, and requ/dng Mr. Kingston to provide proof of apprenticeship or 'certification of qual/fications as a plumber to Inspector Frenette. 17. By way of a Decision of the Board, dated August 31, 1999, the Orders were suspended. The Ministry of Labour did not oppose the Applicant's Application for suspension of the Orders. 18. Thc Applicant expects that the installation of the water meters pursuant to the Conm~ct will be substantially completed on or about May 3 l, 2000. 12. facts. Evidence tendered through oral testimony established the following additional 13. The sole purpose of a water meter in a water distribution system is to measure the amount of water passing through the system, so as to enable the supplier to accurately bill the user of the water. 14. The applicant's water-meter installation workforce (hereinafter referred to as "meter installers") consists of technicians with mechanical aptitude, and certified plumbers, the latter comprising as much as twenty per cent of all the applicant's meter installers. With one exception, the applicant's municipal customers do not specify any mandatory trades designation for the applicant's meter installers. 15. Every job applicant for the position of meter installer must pass three stages of training given by Schlumberger. As indicated above, the in-class training is for a period of one day. The oral evidence was that the in-class training consists of classroom instmedon (including a segment on health and safety) and "bench testing", the latter being physical demonslrations of mechanical aptitude by the trainee. The field training, which is a rnlrlimILrn of one day, consists of close supervision of the trainee by an experienced meter installer at eacli step of the installation -5- process. The field training includes the explanation of various scenarios, including hazard awareness, and the tutoring and coaching of the trainee by the experienced meter installer. 16. Typical hazards associated with water meter installation include slips, falls and lifting injuries. 'There are also bum hazards associated with the soldering of copper pipe (the company provides bum pads, which protect against the open flame torches used in the soldering process, as well as extinguishers), and the potential for exposure to acid-based compounds used to facilitate the-proper fitting of pipe joints. It was acknowledged that water pipes are at times subject to substantial water pressure. There was no evidence of any actual incidents or injuries resulting from the sudden release of water pressure. In any event, the hazard posed by high water pressure is alleviated when a tap or faucet in the water distribution system is left open while the main water valve is opened slowly (this technique is covered in the training program of plumber apprentices discussed in paragraph 17 below). Finally, residential water meters are typically required to be grounded. There is a risk, albeit fairly remote, of electrical shock in the event of electrical current travelling along the water pipes of an improperly wired building. There was no evidence led of any instance in which a water meter installer had received an electrical shock during a water meter in.stallation. In any event, the company trains the workers on the use of jumper cables to eliminate the risk of electrical shock. 17. The designation of certified plumber requires successful completion of a five year (9,000 hours) program of academic learning (also referred to as "in-school training") and practical work experience. Safety training is an integral and significant part of both components of the program. Out of the total academic learning, about seven hours are spent teaching plumbing apprentices about water meters, including meter types, selection and installation, testing and electrical grounding. The installation and testing of water meters is also a mandatory part of an apprentice's work experience lrsi~ing. Decision 18. As his starting point in argument, counsel for the applicant relied upon a combination of subsection 80(1) of thc PUd, section 194 (9) of the Municipal Act, R.S.O. 1990, c.M. 45 and subsection 7.6.1.3(5) of the Reg. 403/97 made pursuant to the Building Code Act, 1992, S.O. 1992, c.23. The applicable statutory provisions are set out below. 19. Subsection 50(1) of the Public Utilities Act states: 50.-(1) Any person authorized by the corporation for that purpose has free access, at all reasonable times, and upon reasonable notice given and request made, ~o all pans of every building or other premises to which any public utility is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any service pipe, wire or rod, within or without the building, or for placing meters upon any service pipe or connection within or without the buildin$ as he or she considers expedient and for that purpose or for the purPOse of protecting or regulating the use of the meter, may set it or alter the position of it, or of any pipe, wire, rod, connection or tap, and may alter or disconnect any service pipe. 20. Subsection 194(9) of the MunicipaIAct states: 194(9) Subject to any court order under this section, a municipality may enter upon any land to repair and maintain its public utilities. -6- 21. Subsection 7.6.1.3(5) of O. Reg. 403/97 states: Where the water supply is to be metered, the installation of the meter, including the piping that is part of the meter installation and the valving arrangement for the meter installation, shall be according to the water purveyor's requirements. 22. Counsel for Schlumberger argued that subsection 194(9) of the Municipal Act is the provision that authorizes a municipality of public utility to gain access onto any premises for the purpose of repairing utilities. Counsel contended that subsection 50(1) of the PUA, on the other hand, is more than an access provision, that it specifically authorizes the performance of placing meters on any service pipe by any person authorized by the municipality or public utility to do so. Counsel also referred to O. Reg. 403/97 ("Reg. 403/97") under the Building Code Act, 1992, which stipulates in subsection 7.6.1.3(5) that where a water supply is to be metered, the meter installation shall be according to the water purveyor's requirements. Counsel argued that since the water purveyor in the instant case (the City of Niagara Falls) had not required the use of certified plumbers or apprentices to install the water meters, it was inferentially authorizing non- certified workers to undertake the installation. 23. I prefer counsel for the Ministry of Labour's argumem that the PUA has no application in this case. Subsection 194(9) of the Municipal Act is the municipality's authority to enter upon land. Subsection 50(1) of the PU.4 is the statutory authority for the representative individuals of municipalities or public utilities to have access to buildings and premises for specific purposes. The authorization under subsection 50(1) of the PU, i clearly ha.~ nothing to do with the qualifications of a pe~on who, as,the municipality's or public utility's representative, and by virtue of the subsection, is entitled to have access to buildings or premises. Subsection 50(1) is an access provision, for the narrow purposes enunciated therein. Even more clearly, the use of the term "requirements" in subsection 7.6.3.1(5) of O. Reg. 403/97 under the Building Code Act, 1992, cannot reasonably be interpreted to include a right of the water purveyor to set qualifications of water meter installers. The use of the t~m "requirements" refers to the physical specifications of the installation, such as the size of piping or the corrfigtuation of the valves. It would be rather extraordinary to conclude that a regulation of this kind confers authority on a water purveyor to determine job qualifications. At the very least, one would expect to see very clear language to that effect, which is not the case here. 24. Given my determination that the PUd, the Municipal Act and the Building Code ,qct, 1992 have no application to the issues in this matter, it follows that there is no reason to deal further with the applicant's submissions in respect of a possible conflict between the PU, t and Reg. 784/93. 25. This leaves remaining the alternative argument of the applicant concerning the application of Reg. 1073 made pum~t to the TQ,~ ~lct, and specifically the definition of "plumber" in section 1. Section I of Reg. 1073 reads as follows: 1. In this Regulation, "certified ~rade" means the trade of plumbers; "plumber" means a person who, (a) lays out, assembles, installs, maintains or reparrs in any structure, building or site, piping, fixtures and appurtenances for the supply of water for any domestic or industrial purpose or for the disposal of water that has been used for any domestic or industrial purpose, (b) connects to piping any appliance that uses water supplied to it or disposes of waste, (c) installs the piping for any process, including the conveyance of gas, or any tubing for a pneumatic or ~ir-handling system, (d) makes joints inpiping, or (e) reads and understands design drawings, manufacturers' literature and installation diagrams for piping and appliances connected thereto, but does not include a person engaged in, the manufacturer of equipment or the assembly of a unit prior to delivery to a building, structure or site, (g) the laying of metallic or non-metallic pipe into trenches to form sanitary or storm sewers, dr~ios or water m~i,~s, or (h) the ~e/,air and maintenance of the installation in an operating industrial plant. Counsel for the applicant argued that a violation of subsections 1(2) and (3) of Reg. '/84/93 must be_premised on a finding that the installation of water meters comes within one or more of paragraphs (a) through (e) of section 1 of Reg. 1073. Counsel went on to argue that paragraph (a) is the only paragraph of section 1 thai can have any potential application to the instant case. In that regard, it was conceded by the applicant that water meters are "appurtenances" within the meaning of the paragraph (a) of section 1, but it was contended trust they are not appurtenances "for the supply of water", which words qualify the meaning of "appurtenances". Counsel argued that water meters are the metaphoric cash registers of any water system. They play no role in supplying water for any domestic or industrial purpose, but rather merely monitor that supply. 26. I disagree with the starting .point in the applicant's analysis. The definition of the word "plumber" is not, in my view, determinative of the issues in this matter. What is of si~ificance is whether or not the work associated with the installation of water meters is work of the certified trade of plumber. Reg. 784/93 prohibits a worker from carrying out "any work in that trade unless the worker holds a subsisting certificate of qualification in that trade". In my view, the trade of plumber encompasses more than the activities set out in the section 1 definition of "plumber". Regard must also be had to the combined curricula of in-school training and work experience training set out in Schedules 1 and 2 respectively of Reg. 1073. For.example, Item 11 of Schedule 1 describes an in-school course in "Roughing In O/eater Supply Systems"); thn~ course includes instructions concerning water meters, their type, their selection and installation, and their electrical grounding. Similarly, in Schedule 2, item 5 identifies the same course to be covered through work instruction and experience, and it specifically mentions "installing and testing water meters". 27. Counsel for the applicant cautioned againa drawing inferences about the plumber trade by relying upon these curricula, particularly the in-school training~ He pointed out that -8- Schedule I refers to courses in rnath~natics, science, English and drafting, none of which could be considered the exclusive domain of the pltunber trade. There is some validity to this argument. Nevel~aheless, I do not rely exclusively on thc academic requirements set out in Schedule I in Reg. 1073 in concluding that water meter installation is the work of the plumber trade. Regard must also be had to Schedule 2 in Reg. 1073, which requires that an apprentice receive practical work training in the installation and testing of water meters. 28. Moreover, I am not convinced that the section 1 definition of"plumber" excludes the activity of water meter installation. It seems to me that a water meter can be viewed as an appurtenance for the supply of water within the meaning of paragraph (a) of section 1. Counsel for the applicant's submission that a water meter is not used "for the supply of water" suggests that an appurtenance must in some way contribute to the supply of water. I think that is too narrow an interpretation. A water meter is a functioning part of a water system. As such it is properly viewed as an appurtenance for the supply of water. 29. Having regard to the evidence, and applying Reg. 1073 generally to that evidence, I conclude that the work performed by Mr. Kingston on behalf of the applicant was work of the plumber trade. As such, the inspector's order determining that the applicant was in violation of section 1(3) of Regulation 784/93 and subsection 23(1) of the 0H$.4, was correctly issued. The suspension of those aspects of the inspector's order, most recently extended by decision of the Board dated February 25, 2000, is no longer in effect. The remaining portions of the order which were not pursued on appeal are hereby confirmed. 30. The application is dismissed. "Patrick Kelly" for the Board A1 rt MunlGIpelitlel ~f Onterio To the immediate attention of the Clerk and Council Please ensure that copies of this are distributed to all Members of Council January 22, 2001 - Alert - 0010£ Increased Costs for the Installation of Water Meters ISSUE: The Ontario Labour Relations Board (OLRB) has issued a decision that will only allow plumbers to install municipal water meters. BACKGROUND: In the Summer of 1999, the Ministry of Labour (MOL) issued an order to a contractor installing water meters for the City of Niagara Falls which required that only plumbers conduct the installations. The Ontario Labour Relations Board (OLRB) has ruled in favour of the Ministry (Schlumberger Canada Limited v. Ministry of Labour). The decision could impact municipalities, their operations and costs. It has been estimated that the cost of these installations may increase 30%. This is likely to be passed onto consumers or property taxpayers. In addition, the jobs of municipal employees, as well as employees of contracting firms such as Schlumberger may be impacted. The decision could result in a slow down in the installation of water meters, which would delay any resulting environmental benefits including the development of user pay systems for water works. The OLRB rendered this decision despite the fact that these installations are generally routine in nature, and health and safety problems are rare. For example, Schlumberger had serviced 375,000 water meters with no safety issues of note. AMO is advised that it takes on average 90 minutes (including paperwork and travel time) to complete an installation. Municipalities should determine whether or not they are complying with the current law with regard to the installation of water meters in their communities. It should be noted that the City of Guelph is experiencing a similar problem with regard 'to the installation and maintenance of traffic lights. The Ministry has taken the position that only licensed electricians can perform these tasks. The matter is currently being reviewed by MOL and the OLRB. ~f~"~ Alioc~latlon of Munlolpalltle8 of Ontario ACTION: AMO is pursing a solution to this predicament. It does represent yet another example of how municipal budgets and service costs are controlled by policy decisions taken at another level of government or tribunal with little regard or accountability for the impacts. This information is available through AMO's subsc#ption based MUNICOM network at www. municom, com. For more Information contact (416) 971-9856: Jeff Fisher, Senior Policy Advisor at ext, 315 Trensmlsslon problems: 416-971-9856 The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6×5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih nfplan@city.niagarafalls.on.ca March 5, 2001 Doug Darbyson Director PD-2001-21 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-21, Application for Site Plan Approval SPC-52/2000, 6713/6735 Lundy's Lane Proposed Harvey's Restaurant RECOMMENDATION: It is recommended that Council approve the site plan for a proposed restaurant at 6713/6735 Lundy's Lane. BACKGROUND: An application for site plan approval has been received from MHBC Planning on behalf of Cara Operations Ltd., for the lands known as 6713/6735 Lundy's Lane. The applicant is proposing to construct an 80-seat Harvey's restaurant on the lands. Currently, the site is. occupied by a 2-storey commercial building, a vacant 1-storey building and a single detached dwelling. The vacant building and the dwelling are to be demolished for the proposed restaurant. The site plan drawings have been satisfactorily reviewed by the Site Plan Technical Committee, Regional Public Works and the Lundy's Lane BIA. Site improvements include: · 20 feet of landscaping along Lundy's Lane in front of the developed portions; · planting of street trees across the entire frontage; · increased landscaping and the installation of a sound attenuation fence along the rear lot line of the developed portion; and · consolidation of driveway accesses. IForking Together to Serve Our Community Clerk's Finance · Human Resources Information Systems . Legal Planning & Development March 5, 2001 ~ 2- PD-2001-21 Based on the above, approval is recommended. Pr~_~: John/l~amsley Planner 2 Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services Attach. SSPDR~2001~PD2001-21 .wpd Respggtfully submitted: Edward P. Lustig Chief Administrative Officer 11!I,.~-~ I ~ II _ ]1 lifilli I ~t~' !il;i!i I I~ P ~ii II , - I~ i,i The City of Niagara Falls I1~1~ Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www,city.niagarafalls.on.ca Tek (905) 356-7521 Fax: (905) 356-2354 E-maih nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-22 March 5, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: PD-2001-22, Application for Site Plan Approval SPC-45/2000, 5627 & 5637 McLeod Road Proposed 8-storey Hotel It is recommended that Council approve the site plan for an 8-storey hotel located at 5627 and 5637 McLeod Road. BACKGROUND: An application for site plan approval has been received from Karen DeGiorgio for the lands known as 5627 and 5637 McLeod Road. Located on the north side of McLeod Road between Stanley Avenue and Ailanthus Avenue, the applicant proposes to construct an 8-storey hotel with 255 rooms on the 1.2 acre site. The lands have been zoned for an 8-storey hotel prior to the inception of the Zoning By-law No. 79-200. The site design appears to satisfy the design guidelines of the Official Plan. The site plan drawings have been satisfactorily reviewed by the Site Plan Technical Committee and, as such, app~val is recommended. Recommended by: Dou~g D~byso'~n Director of Planning & Development waCtful~ubmitted: d P. L~tsti~.~ ) Chief Administrative Office/ Tony Ravenda Executive Director of Corporate Services JB:tc S:'d?DRU001~PD2001-22.wpd Working Together to Serve Our Community Clerk's · Finance · Human Resoumes Information Systems · Legal Planning & Development The City of Niagara Falls Canada Corporate Services Department Legal Services 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)374-7500 E-maih rkallio@city.niagarafalls,on.ca R.O. Kallio City Solicitor L-2001-14 March 5, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-14, Establishment of Road Widenings and One Foot Reserve as Public Highways McLeod Road, Beechwood Road and Costabile Drive Our File No.: 2000-70, 2000-05 RECOMMENDATION: That the road widenings, described as Parts 1 and 2 on Reference Plan No. 59R-10999 and a one foot reserve described as Block 22 on registered Plan No. 59M-273 be established as public highways, to form part of McLeod Road, Beechwood Road and Costabile Drive, respectively. BACKGROUND: As a condition of site plan approval Niagara Community Church conveyed two road widenings, described as Parts 1 and 2 on Reference Plan No. 59R-10999, to the City. The subject lands are located at the northeast comer of McLeod Road and Beechwood Road and are shown hatched on the plan attached. Staff is now recommending that the subject lands be dedicated as public highways to form part of McLeod Road and Beechwood Road, respectively. Block 22 on registered Plan No. 59M-273, shown hatched on the plan attached, is a one foot reserve conveyed to the City at the time of registration of Meadow Creek Phase 2 Subdivision for the purpose of controlling access to adjacent undeveloped lands. Now that development has been approved on the adjacent lands, staffconcurs that the one foot reserve is no longer required and can be established as a public highway to permit legal access to the adjacent subdivision. Prep ,~,~.,/d~: ~s, A.M.C.T. et.~ bt/P~operty Manager. City Solicitor. Clerk's * Approved by: Tony Ravenda, Executive Director of Corporate Services. ectfully Submit_~ted: ~:~w~rd p. LUS · ,~ ~N~ Chief Administrative OffiCer. Working Together to Serve Our Community Finance Human Resources · Information Systems · Legal · Planning & Development m 0 0 0 3350 NI'21'W 33,50 NI'2t'W 33.50 g Nl'21'W 33.5O *,0.31 15.00 32.24 N3 o~ (pl, p2 & me___~s) - ~ / / ~ © / ° 111.05 ~0 The City of Niagara Falls Canada Corporate Services Department Legal Services 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)374-7500 E-mail: rkallio@city,niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-17 March 5, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-17 Drunk Driving Offences File No. 2001-43 RECOMMENDATION: For the information of Council. BACKGROUND: Council directed Staff to look into the issue of the severity of punishment for drunk driving offences in foreign countries, and to come back with a report on the matter. Canadian Situation Impaired driving is the leading criminal cause of death in Canada. Every year almost 1,100 road users are killed, and 3,600 seriously injured in crashes involving drunk drivers. 33% of all drivers killed are impaired by alcohol. In Canada, legislation goveming impaired driving offences is contained in the Criminal Code. This is a federal statute that applies in all provinces and territories. In addition, many provinces and territories, including Ontario, have used their authority under the Highway Traffic Act to supplement the provisions of the Criminal Code. Many of these provisions for dealing with drank drivers are of an administrative nature, and can involve roadside suspensions, licence suspensions, mandatory assessment, and rehabilitation programs. Working Together to Serve Our Community Clerk's · Finance Human Resoumes · Information Systems · Legal · Planning & Development -2- In June, 1999, tougher penalties were prescribed by the Parliament of Canada for impaired driving under the Criminal Code. For example, the penalties for a first-time impaired driving conviction were increased to a minimum fine of $600.00 (from $300.00), and a minimum 1 year driving suspension (from 3 months). The driving suspension for a second offense was quadrupled, from 6 months to 2 years. In June, 2000 the maximum penalty for impaired driving causing death was increased from 14 years to life imprisonment. The following is a summary of Criminal Code penalties for impaired driving offences in Canada: Offence Penalties Prohibition from Fine Jail Driving 1 st Summary up to 3 years (1 $600 o to 6 year minimum) minimum months Offence Indictmentup to 3 years (1 $600 0 to 5 year minimum) minimum years Impaired Driving (or Over 80 2nd Summary up to 5 years (2 $600 14 days to 6 years minimum minimum months mg% or Refuse to Provide Offence Indictmentup to 5 years (2 $600 14 days to 5 years minimum) minimum years Sample) 3~d + Summary up to a lifetime $600 9o days to 6 ban (3 years minimum months minimum) Offence Indictmentup to a lifetime $600 90 days to 5 ban (3 years minimum years minimum) Impaired Driving Causing Bodily Indictmentup to a lifetime no limit up to lO Harm ban years Impaired Driving Causing Death Indictmentup to a lifetime no limit up to life in ban prison -3- The International Situation Many Canadians may believe that other parts of the world have a more relaxed attitude towards drinking and driving than we have domestically. In general, however, this is not the case. Canada sets the level at which a driver is declared legally drank at 0.08 percent alcohol in the bloodstream. Several European nations, for example, have lower legal blood-alcohol limits, as illustrated by the following table: Country BAC (me of alcohol per 100 mi of blood) Russia 0.00 Poland 0.02 Sweden 0.02 Australia 0.05 Belgium 0.05 Finland 0.05 Iceland 0.05 Japan 0.05 Norway 0.05 Portugal 0.05 Austria 0.08 Canada 0.08 Denmark 0.08 France 0.08 Germany 0.08 Greece 0.08 Ireland 0.08 Italy 0.08 Luxembourg 0.08 New Zealand 0.08 Spain 0.08 Switzerland 0.08 Britain 0.08 United States 0.08 - 0.10 -4- International Penalties for Impaired Driving Offences As illustrated in the following table, the penalties for impaired driving offences cover a wide spectrum across the globe. Country Australia Bulgaria Costa Rica E1 Salvador England Finland/Sweden France Malaysia Norway Poland Russia South Africa Turkey Penalty for Impaired Driving Offences The names of the drivers are sent to the local newspapers and are printed under the heading, "He's drank and in jail." A second conviction results in execution. Police remove plates from car. Execution by firing squad for a first offence. 1 year license suspension, 1 year in jail, and a $250.00 fine. Automatic jail term of 1 year, hard labour. 3 year license suspension, 1 year in jail, and a $1,000.00 fine. The driver is jailed and, if married, his spouse is jailed as well. 3 weeks in jail, hard labour, 1 year license suspension. For a second offence within 5 years, license revoked for life. Jail, fine, and forced to attend political lectures. Russian law stipulates that drivers may have no alcohol whatsoever in their bloodstream. Drivers found to have been drinking have their licenses revoked for life. 10 year prison sentence and a $10,000.00 fine. Drunk drivers are taken 20 miles outside of town by police and are fomed to walk back under escort. -5- CONCLUSION: Will more severe sentences prevent offenders from continuing to drive impaired? A common characteristic of many hard core impaired drivers is that they are not deterred by the threat of punishment. Research shows that long imprisonment without other remediation produces either no significant impact, or a higher number of future incidents and convictions. Very brief incarceration, however, appears to reduce recidivism with first-time offenders. While the recently implemented tougher sentences have yet to prove their value, visible and effective enforcement has been a proven tool in the fight against drank driving. Prepared by: Assistant City Solicitor. R.I~. ICalli! City Solicitor. Respe c~ ed~ Subm~i.~ ., Edward~>p Lustil, ' Chief Administrative Officer. Approved by: T. Ravenda, Executive Director of Corporate Services. PP:jm The City of ~l~f Corporate Services Department Legal Services 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)374-7500 E-maih rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-18 March 5, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-18, Release of Agreement to Clear Cloud On Title to Property on South Side of iMcLeod Road, At Marineland Parkway Our File No.: 2001-48 RECOMMENDATION: That 687876 Ontario Limited be released from an auxiliary agreement to a Subdivision Agreement registered on the title to their property located on the south side of McLeod Road, at Marineland Parkway. BACKGROUND: 687876 Ontario Limited is the owner of property located on the south side of McLeod Road, west of the intersection of Marineland Parkway and shown on Reference Plan No. 59R-5702 attached as Parts 1, 4 and 5. On September 13, 1979 an auxiliary agreement to a subdivision agreement between Ten Partners Development Limited and the City, for the development of Drummond Park Village Subdivision, was registered on land that included the said Parts 1, 4 and 5. Since these lands were not included in the approved plan of subdivision, staff concurs that the agreement may bc removed from the title of these lands. S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Re .~Kall~ bY: City Solicitor. Clerk's · Finance Approved by: Tony Ravenda, Executive Director of Corporate Services. Respectfully Submitt~t~.. Chief Administrative Officer./// Working Together to Serve Our Community Human Resoumes · Information Systems · Legal · Planning & Development LOT ~ PARCEL I-I, SECTION LOT LOT -;Pa.