Loading...
2008/03/31COUNCIL MEETING Monday, March 31, 2008 Order of Business and Agenda Package Niagaraj7alls O CANADA: Alana Fansolato will sing the National Anthem PRAYER: Councillor Mayes ADOPTION OF MINUTES: Council Minutes of March 17, 2008 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Family Literacy Event COUNCIL MEETING March 31, 2008 DEPUTATIONS /PRESENTATIONS Renni Piscitelli and Inge Saczkowski will be present to inform Council of the upcoming Family Literacy Event being held on April 12, 2008 at the MacBain Community Centre. Niagara Falls Community Health Centre Renni Piscitelli, Joyce Morocco and Mary Chudley would like to give a brief presentation to Council before their Community Forum in April on the best location to set up the facility for Niagara Falls. Winter Festival of Lights rating. Members of the Winter Festival of Lights will be recognized for achieving a five star Arena Fundraising Task Force Members of the Fundraising Committee will provide an update on the capital campaign. -AND- 2 1. Chief Administrative Officer R- 2008 -11 Bob Gale Complex: Capital Campaign Update PLANNING MATTERS Public Meeting AM- 28/2006, Official Plan Amendment Application for Conversion of Lands from Industrial and Open Space to Residential and Environmental Protection Area Applicant: Thundering Waters Developments Corporation Agent: Ed Lustig East of Dorchester Road toward Drummond Road, Thundering Waters Golf Course and the Stanley Business Park; and North of Chippawa Parkway up to and beyond Oldfield Road to the Former Hydro Right -of -Way, Niagara Falls (Part of Lots 196, 197, 212, and 214 and Lot 213) Background Material: Recommendation Report: PD- 2008 -26 AND- Correspondence from the Niagara Peninsula Conservation Authority Correspondence from the Region's Planning Development Dept. Correspondence from Dr. John Bacher Correspondence from Dave Allan, Chair, Stanley Avenue Business Park Public Meeting 26T -11- 2006 -03 (Revised) AM- 45/2006, Zoning By -law Amendment Application Fernwood Phase 2 Draft Plan of Subdivision Lundy's Lane (North Side), Between Garner Road Beechwood Road Owner: 800460 Ontario Limited Fred Costabile) Background Material: Recommendation Report: PD- 2008 -27 -AND- Correspondence from the Niagara Peninsula Conservation Authority Correspondence from the Region's Planning Development Dept. Background Material: Recommendation Report: PD- 2008 -25 3 Public Meeting AM- 2008 -002, Zoning By -law Amendment Application, 4680 Dorchester Road Applicant: Kemal Ekmekci and Halim Daglar Proposed Semi Detached Dwelling MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Rotary Club of Niagara Falls Ribfest Requesting to be declared a Community Festival and that the noise by -law be extended to 11 p.m. RECOMMENDATION: For the Approval of Council 2. Niagara Community Outreach Request that rezoning fees be waived for the organization. RECOMMENDATION: For the Consideration of Council 3. Child Find Ontario Requesting that May 25, 2008 be proclaimed as National Missing Children's Day RECOMMENDATION: For the Approval of Council 4. West Nile Virus 2008 Larvicide Permits requesting authorization for any permit application for West Nile virus control submitted to the Ministry of Environment. RECOMMENDATION: That Council supports local action by the Regional Niagara Public Health Department to reduce the risk of the West Nile Virus and that the Director of Municipal Works be authorized to sign the supporting letter. 5. Downtown BIA- Request to approve the 2008 budget. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. 4 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2008 -03 Closed Meeting Investigation Etc. F- 2008 -14 Statement of Remuneration and Expenses for Members of Council and Commissions L- 2008 -09 Bell Canada Renewal of License Agreement with the City John N. Allan Park Kalar Road. File 2008 -50 MW- 2008 -18 Edgewood Estates Subdivision Payment for Oversized Services MW- 2008 -19 Asphalt Patching City Wide Tender 2008 -04 MW- 2008 -08 Kalar Road Reconstruction Project Tender and Construction Update MW- 2008 -20 2008 Water Distribution Subsystem Annual and Summary Report R- 2008 -07 Baden Powell Park Trail Prairie Grass Regeneration Program R-2008-08 Proposed Arena Rates Fees 2008/2009 R- 2008 -09 2008 Special Events Agreement R- 2008 -10 Amendments to the Municipal Alcohol Risk Management Policy -5- BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -45 A by -law to establish Part of Block F, Plan 8 as a public highway, to be known as and to form part of Drummond Road. 2008 -46 A by -law to authorize the execution of an Agreement with Bell Canada, respecting the operation and maintenance of a telecommunications facility over a portion of John N. Allan Park. 2008 -47 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Stop Signs at Intersections, Parking Prohibited) Sixth Avenue Willmott Street. 2008 -48 A by -law to amend By -law No. 2005 -112, being a by -law requiring emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster resilient community. 2008 -49 A by -law to amend By -law No. 79 -200, to permit the development of an apartment building on the west side of Kalar Road, north of Forestview Boulevard. AM- 37/2007 2008 -50 A by -law to amend By -law No. 79 -200, to permit the development of an apartment dwelling on the land. AM- 35/2007 2008 -51 A by -law to amend By -law No. 79 -200, to permit the development of a retirement home and to repeal By -law No. 2000 -197. AM- 31/2007 2008 -52 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 80) AM- 29/2007 2008 -53 A by -law to amend By -law No. 79 -200, to permit the erection or use of a building on the property for the purpose of either a one family detached dwelling or a duplex dwelling and accessory buildings and accessory structures, or an office. AM- 29/2007 2008 -54 A by -law to amend By -law No. 79 -200, to permit an expansion of a hotel, to permit a portion of the required parking to be provided off site and to repeal By -law Nos. 89 -255 and 92 -285. AM- 36/2007 6 2008 -55 A by -law to authorize the execution of a Section 37 Agreement with 1712093 Ontario Limited and 2100422 Ontario Limited pursuant to Section 37 of the Planning Act respecting the provision of certain facilities and services and matters by 1712093 Ontario Limited and 2100422 Ontario Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a hotel with a maximum height of 53 metres and 18 storeys on lands owned by 1712093 Ontario Limited and 2100422 Ontario Limited and located on Fallsview Boulevard, in the City of Niagara Falls. 2008 -56 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31' day of March, 2008. NEW BUSINESS (3/27/2008) Teresa Fabbro Fwd singer Page 1 1 From: Dean Iorfida To: Teresa Fabbro Date: 3/27/2008 11:00 AM Subject: Fwd: singer "Laurie" <tanezacooeco.ca> 3/24/2008 6:48 PM Hi Dean: Your singer for March 31 is Alana Fansolato. Here is her bio: Alana is a 12 -year old student at St. Vincent de Paul School. She has been singing for approximately 7 years. Alana was voted "St. Vincent de Paul Idol' in a June 2007 singing competition. She has also performed at the Kiwanas Music Festival, winning several awards. She has performed both the Canadian and American National Anthems at the Canadian Association of Fire Chiefs Convention. Laurie (1/23/2008) Teresa Fabbro NF Fa mily Lit eracy Event Page 1 From: "Renni Piscitelli" <piscitel @caninet.com> To: "Dean lorfida" <diorfida @niagarafalls.ca> CC: "Donna Dalgleish" <donna.dalgleish @ncdsb.com "Inge Saczkowski" <isaczk... Date: 1/22/2008 11:33 PM Subject: NF Family Literacy Event Hello Dean: How are you? Our 5th Family Literacy Event is planned for April 12 at the MacBain Community Centre. We would like to present at council on March 31(as this is the last council meeting before our event). We have a short DVD and a short presentation. Let me know if this is possible. Thank you. Take care: Renni 905.356.9592 x(27812008) Teresa Fabbro City Council Page 1 From: Renni Piscitelli" <piscitel @caninet.com> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 2/7/2008 11:30 PM Subject: City Council Hello Dean: Thanks for placing the Family Lit group on the agenda for March 31. I am also chair of the Niagara Falls Community Health Centre board. We are funded by the Ministry of Health and Long Term Care to research and determine the best place to set up the facility for Niagara Falls. We are in the midst of Community Engagement and part of this is to keep the community informed and involved in the details. We would like to give a brief presentation to city council before our Community Forum (to be held in April). It would be myself and our consultant to present a brief update on who we are and our progress to date. How full is the agenda for March 31? If not when is the next council meeting? The mayor is aware of our organization. Thanks Dean. Renni 905- 356 -9592 Niagara Falls Review Page 1 of 2 THE NIAGARA FAILS REVIEW 4701 VaWey WZ Niagara Fnt•, ON, SO5-25a.5711 Back Community input the heart of health centre planning; Falls facility expected to open in early 2009 Posted 1 day ago The Niagara Falls Community Health Centre will open its doors to the public early next year. That's a goal Renni Piscitelli, chairwoman of the centres board of directors, and her colleagues are committed to making happen. Beyond that, almost everything else including where the centre will be located and what kinds of professionals will work there has yet to be determined. "We don't even know who our clients will be," said Piscitelli. And that, she said, is where members of the public come in. The centre's board of directors is hosting a community forum next month to provide an update on progress made to date identifying health -care needs in the city and to give residents an opportunity to participate in the planning process, Community Health Centres are not for profit, community- governed organizations which provide primary health care, health promotion and community development services. They're governed by a board of directors, whose members are representative of the people in the community in which the CHC serves. The concept isn't new. There are more than 300 CHCs across the country, including 55 in Ontario. In 2005, the province announced funding to help establish 39 more of the centres. Funding to support the establishment of a CHC in Niagara Falls was announced by the provincial Ministry of Health in November 2005. While some may question why it's taking so long for the health centre to get up and running, Mary Chudley, of the Association of Ontario Health Centres, said detailed planning backed up by information gathered through extensive public consultation is a critical component. "That is really the beauty of a CHC," said Chudley, whose job it is to help new centres through the start-up process. "Some people wonder about why all of the consultation. This is what CHCs are built on." Chudley said the community health centre concept is one that breaks away from the one size fits -all models of providing heath services. Instead, the services new CHCs ultimately provide on Day 1 and the team of medical practitioners assembled to provide those services are tailored to suit the needs of the people who live in the community. "No two CHCs are alike." Nor do they remain the same for long. The grassroots approach to planning and governance means a community health centre's operations evolve over time in keeping with changing needs and demographics. http:// www. niagarafallsreview .ca/PrintArticle.aspx ?e= 954385 3/25/2008 Niagara Falls Review Page 2 of 2 "Everything changes because of what's going on in the community," said Chudley. "Community involvement is not just at planning time." Also part of the planning process, said Piscitelli, is the time spent meeting with other health -care and social- service providers to begin developing partnerships and ensure the services the centre one day provides do not duplicate those already available elsewhere. "CHCs are not going to take over (existing) services," said Piscitelli, who got involved as a volunteer after attending one of the initial public forums. "This process is about how can the CHCs fill the gaps." Piscitelli is encouraging people of all backgrounds with an interest in helping shape the centre's development attend the upcoming community forum and get involved. She said the health centre is still looking to recruit additional board members and will be selling association memberships. The cost of the memberships will be nominal, since the objective is to encourage participation and a sense of community ownership. "The point is to have people in the community involved." jrobbins@nfreview.com Copyright 2008 Niagara Falls Review http: /www.niagaraf allsreview .ca /PrintArticle.aspx ?e= 954385 3/25/2008 3/10/2008 NFCHC Niagara Falls Community Health Centre niagarafallschc@gmail.com Frequently Asked Questions What is a Community Health Centre (CHC)? A Community Health Centre is a non profit, community governed organization that provides primary health care, health promotion, and community development services. What is the difference between a Community Health Centre (CHC) and a Family Health Team (FHT)? Governance a CHC is governed by a board of directors representing community members. Family health teams are sometimes physician governed and sometimes have mixed governance. Multi- disciplinary approach CHCs provide a broad range of services designed specifically to meet the needs of the community. This may include physicians, registered practical nurses, nurses, physiotherapists, diabetes educators, nutritionists, health promoters, health system navigators /advocates, etc. In addition, CHCs often partner with other health providers and agencies. Some FHTs also feature a multi disciplinary or partnership approach; single physician practices do not. Physicians' salaries and administration CHCs receive funding from the Ministry of Health to operate. This budget is administered by the CHC's Board of Directors and physicians are paid a salary from these funds rather than billing OHIP. Physicians have more time to focus on patient care because they do not need to be involved in administration, personnel, or billing. In addition, they receive benefits, sick pay, and vacation pay. Are Community Health Centres new? No. There are currently more than 300 CHCs across Canada and 55 CHCs in Ontario, not including the 39 new CHCs announced in 2005, which are in their development stages. We've had healthcare providers physicians and nurse practitioners leave the community and their offices have closed. Will the CHC face the same problem? Recruitment of qualified physicians and nurse practitioners is a top priority for all health services in this area. However, the team approach of a CHC allows for coverage by other team members when a health professional leaves. Will the Niagara Falls CHC be duplicating services from other providers (i.e. Niagara Health System) No. The Niagara Falls CHC will be designed to attempt to fill gaps in service. What services will be provided at the Niagara Falls CHC? This will depend on the outcome of the community engagement process. Focus groups and consultations with service providers, organizations, and the community will indicate what services will be provided at the Niagara Falls CHC. No two CHCs look the same. Where will the Niagara Falls CHC be located? This will be determined as a result of the community engagement process. Some ideas which have been voiced are: have the CHC on a transit route; place the CHC in an area of most need low socio- economic area or central hub where many can access CHC services. Colliers International will work with the Niagara Falls CHC Board to assess and source a location site. Can anyone become a patient at the Niagara Falls CHC? The community engagement process will determine the "priority" populations. This will include those who do not currently have a family physician, and may include other groups, such as seniors, working families who need access to many services or after -hours care, aboriginals living off- reserve, students, etc. While one physician can serve approximately 1380 patients, the interdisciplinary approach of a CHC means that some patients will not need to see a physician, but can see a nurse practitioner, nutritionist, or other health professional at the CHC. Although the catchment area for clinical services may be restricted to a certain area, such as Niagara Falls, health promotion and other services can be delivered to a much larger population. When will the Niagara Falls CHC be operational? This depends on many factors, such as government approval for funding, location availability, physician recruitment, etc. However, the Niagara Falls CHC Board hopes to have the CHC operational by early 2009. Are you accepting applications for employment at the Niagara Falls CHC? We are not in a position to post positions yet. Positions will be publicly posted. Are you accepting nominations to the Board of Directors for the Niagara Falls CHC? Yes. Please contact our office at niagarafallschc @gmail.com. Niagara Falls CHC: KEY MESSAGES The Niagara Falls CHC will improve the health of Niagara Falls' residents. The new CHC will strengthen the community by helping to fill service gaps, by encouraging partnerships among providers, and by promoting a team -based approach to health care and health promotion. The CHC will be designed by the community to meet the needs of the community. It will be community- managed and community- driven. 3/10/2008 The "Three Rs" of CHCs: The Right care, By the Right provider, At the Right time. NIAGARA FALLS COMMUNITY HEALTH CENTRE inc. • There are currently 54 Community Health Centres and 10 satellite Community Health Centres operating in Ontario, serving more than 300,000 people • Niagara Falls is one of 22 NEW Community Health Centres and 17 new satellites announced in November 2005, for a combined total of over 100 CHCs in Ontario. • Community Health Centres have a Model of Care that focuses on: primary health care, illness prevention, health promotion, community capacity - building and service integration. The Niagara Falls Community Health Centre: • is a not - for - profit organization. • is governed by a volunteer board of directors drawn from the community. • is the result of a Ministry of Health decision based on our community's population demographic including income level, education, the number of seniors and children, existing health care resources and other characteristics; complements Family Health Teams and the other models currently in place to meet the primary care needs of Ontarians. • is community- focused, cost - effective and responsive in meeting clients' health care needs • will focus on education and community outreach.. • works closely with its communities to identify emerging health care needs and works to address those needs. • will have many opportunities for volunteers at the CHC once it is up and running • offers an interdisciplinary team approach to primary health care; all CHC staff, including physicians, are paid a salary. • serves priority populations in the Niagara Falls area: those without a family physician, and those who are in priority populations identified by the community engagement process (to be completed June 2008). • cannot predict the exact number of people who will be served by the new Niagara Falls Community Health Centre as we have yet to identify the range of needs in our community. • will be up and running by Spring of 2009; creating a full Community Health Centre could take up to two years. The Community Engagement Process (January —June 2008) will include: • Population health research on current socio- demographic indicators in the Niagara region and Niagara Falls. • Over 50 key representative interviews (service providers, community members across all sectors in the community: education, housing, health, social services, employment, community support, hospitals, other primary care providers, CCAC, public health, regional programs, food security, faith communities, recreation programs, etc). • 10 or more focus groups with service providers and priority populations. • Governance training and the development of a communications strategy • Two large community forums on April 17 (see details in box). • A service provider online survey. • Media coverage to better educate the community on the CHC model and the needs in Niagara Falls. ▪ Recommendations to the LHIN (in a final report submitted in June 2008), regarding current population health indicators, priority population needing to be served by the CHC, partnerships, location recommendations, plan for programs, services and staffing). NIAGARA FALLS COMMUNITY FORUM: • Thursday April 17, 2008: Afternoon Session: 1 -4 p.m. or Evening Session 6 -9 p.m. • In the gym of St. Andrew's United Church, 5645 Morrison St. (across from Oakes Park) • Wheelchair accessible from side entrance. • Light refreshments will be provided. • Interpretation services available upon request. For more information, and to RSVP, please contact. Linda Van Veen, Community Liaison Coordinator: Phone: 905 356 -4222 Email: niagarafallschc @gmail.com COMMUNITY FORUM Help Design Your Community Health Centre Thursday, April 17, 2008 Afternoon Session: 1:00 4:00 p.m. or Evening Session: 6:00 9:00 p.m. In the gym of St. Andrew's United Church 5645 Morrison St. (across from Oakes Park); Wheelchair accessible at side entrance. Light refreshments will be provided. Interpretation Services available upon request. Services d'interpretation sont disponibles sur demande. Are you a community member, someone who is concerned about healthcare services, healthcare provider, member of a social service organization, faith community, professional association, municipal government official, concerned citizen, volunteer, parent, senior, teenager, or a caregiver? This is your chance to hear about the new Community Health Centre (CHC), and to participate in the planning of the CHC. Everyone is welcome and your input is strongly encouraged! RSVP to Linda Van Veen, Community Liaison Coordinator (905) 356 -4222 or email niagarafallschc @gmaiicom There is no cost to attend but we ask that you call or email to confirm attendance to allow us to adequately prepare and accommodate. Let us know which session (afternoon or evening) you will be attending. Special needs, concerns or questions? Please give us a call or send us an email. JOIN US TO HELP SHAPE THIS EXCITING, NEW COMMUNITY DEVELOPMENT! NIAGARA FALLS NFCHC CENTRE DE SANTE COMMUNAUTAIRE FORUM COMMUNAUTAIRE Aidez A developper votre centre de sante communautaire Le jeudi 17 avril 2008 Seance d'apres -midi 1:00 4:00 p.m. ou seance en soiree 6:00 9:00 p.m. Dans le gymnase de I'eglise St. Andrews situ& au 5645, rue Morrison (Devant le parc Oakes Park) entree adapt& aux fauteuils roulants a la porte de service. Des rafraichissements seront servis. Des services d'interpretation seront disponibles sur demande. Etes -vous membre de la communaute, quelqu'un qui se soucie de la disponibilite des services de sante, de I'acces aux fournisseurs de soins de sante, membre dune agence d'aide sociale, d'un groupe confessionnel, dune association professionnelle, administrateur du gouvernement municipal, citoyen interesse, benevole, parent, sine, adolescent ou une personne soignante? L'occasion ne pourrait pas etre plus opportune de prendre connaissance du nouveau centre de sante communautaire (CSC) et de participer a la planification de ce nouveau centre de sante. Tous sont bienvenus votre enthousiasme est a la fois sollicitee, encouragee et appreciee! La seance d mrmn traitera des elements fo suatrorvants Un survoh'd ensemble pro u Qu est ee qu'un CSC? i> 1 Le file communautaire utire Une retroaction communaa• Et maintenant, lesproehaines R.S.V.P. A Linda Van Veen, coordonnatrice de la liaison communautaire 905.356.4222 ou par courriel au niagarafallschc @gmail.com La participation est tout a fait gratuite, mail nous vous demandons d'avoir I'obligeance de confirmer votre presence par telephone ou par courriel afin de nous permettre de nous preparer a bien vous accueillir. Veuillez indiquer a'aquel!e des deux seances vous entendez assister (I'apres -midi ou en soiree). Avez -vous des besoins speciaux ou entretenez -vous des questions ou des soucis particuliers? Dites -le nous. N'hesitez pas de nous appeler ou de nous envoyer un courriel. Nous anticipons le plaisir de vous rencontrer. JOIGNEZ -VOUS A NOUS POUR ENSEMBLE MENER A BONNE FIN CETTE NOUVELLE ET EMBALLANTE INITIATIVE COMMUNAUTAIRE! Dean Iorfida winter lights results From: Carey Campbell To: Dean Iorfida Date: 2/29/2008 1:53 PM Subject: winter lights results CC: Cathy Crabbe Dean: The Mayor would like to invite Heidi Werner of the Winter Festival of Lights to Council to provide Council with an update of the results for the Winter Lights competition this year. Niagara Falls won recognition and a 5 star rating for "outstanding program or feature for the Winter Festival of Lights." Please advise of a time when this can be accommodated. thanks, carey Carey E Campbell Executive Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 fax 905 374 3557 ccampbell@n i aga rafalls. ca Page 1 of 1 file: /C:\Documents and Sett ings \di202\Local Settings Temp \XPgrpwise \47C80E71Domain... 3/3/2008 March 31, 2008 R-2008-11 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -11 Bob Gale Complex: Capital Campaign Update RECOMMENDATION: 1. That the donations for naming opportunities for the four ice pads be received for information purposes. 2. That the updated list of Arena Task Force Fundraising Volunteers be approved. BACKGROUND: E.S. Fox Limited Lifetime Financial Planning Group Meridian Credit Union Centennial Construction Niagaraaaaaaaaaa /alls C A N A D A A tremendous financial contribution to the campaign was made by Mr. Bob Gale whose contribution was in the amount of $1.25 Million ($1 Million to the capital costs, and $250,000 for a legacy fund). The naming of the new arena as the 'Bob Gale Complex" was approved by Council on January 14, 2008. The balance of the total financial target set for fundraising ($1.25 $1.5 million) is considered significant. The following donations for naming opportunities totaling $500,000 toward this target balance are confirmed: Spectator 2000 seat Pad #1 Community Pad 2 Community Pad 3 Community Pad 4 Working Together to Serve Our Community $250,000 $75,000 $100,000 $75,000 Based on the approved naming opportunities schedule the Spectator Pad was $150,000. E.S. Fox Limited has generously provided a donation of $250,000 to the community facility Additional recognition in the main pad or arena will be reviewed with this firm. Likewise, Meridian Credit Union provideda!donation exceeding the naming for a community pad of $75,000 and additional reco for the firm will be reviewed with the Credit Union. �4370Queen Street e.480 ?1023 Niagara falls ON ,"Canada L2EbX5 905 356 -7521 wwwriia arafalls ca 7 S tiz.t ,;:c. ^nn5^ ,.t ;r• a -�i. g Community Services Department Parks, Recreation Culture March 31, 2008 R- 2008 -11 The recommended list of volunteers as presented to Council and approved on January 28, 2008 had omitted the name of one volunteer. Additionally, another person has offered to serve with the campaign. The updated list of those who have offered to serve on the task force for the duration of the fundraising campaign is as follows: Mick Wolfe Don Jackson Domenic DiLalla Dr. George Zimakas Paul Morocco Don Cruikshank Jim Hreljac Rich Merlino Paisley Janvary-Pool Laurie Primeau Patricia Mascarin Delphina Pietrangelo Mike Somerville Ken Smith T.B.A. Jim Diodati Recommended by: Approved by: Respectfully submitted: Chairperson Recreation Committee Chairperson Construction /Development Health Professionals Financial /Insurance Services Industrial/ Professional Services Retail Sectors Service Sectors Government Sectors Youth Community Groups Events Liaison Marketing Events Liaison Marketing GNGH Advisory Adult Community Groups Hospitality /Tourism Sectors Council Representative All task force meetings will be attended by a staff representative(s) of Parks, Recreation Culture and other applicable City Divisions as needed. nittkpts DenysefMorrissey, Director of Parks, Recreation Culture Ed DD lovic, xecutive Director of Community Services acDonald, Chief dministra S: 1CouncillCouncil 20081R- 2008 -11 -Bob Gale Complex Capital Campaign Update.wpd ve Officer March 31, 2008 PD- 2008 -26 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal NiagaraJ7alls CANADA Re: PD- 2008 -26 AM-28/2006, Official Plan Amendment Application for Conversion of Lands from Industrial and Open Space to Residential and Environmental Protection Area Applicant: Thundering Waters Developments Corporation Agent: Ed Lustig East of Dorchester Road towards Drummond Road, Thundering Waters Golf Course and the Stanley Business Park; and North of Chippawa Parkway up to and beyond Oldfield Road to the Former Hydro Right -of -Way, Niagara Falls (Part of Lots 196, 197, 212, and 214 and Lot 213) It is recommended that Council support the application for amendment subject to the conditions outlined in this report. Thundering Waters Developments Inc. has submitted an application for the conversion of approximately 252 hectares (622 acres) of vacant lands by redesignating the lands from Industrial and Open Space in the Official Plan to Residential and Environmental Protection Area (EPA). The Open Space lands previously formed part of the Thundering Waters Golf Course. The requested amendment is the first step towards the ultimate development of the site for a wide variety of residential dwelling units (3000 to 3600 units), commercial and institutional uses, and preserved open space areas for passive and active recreational uses, including trails. Prior to any development, the lands will be subject to a Secondary Plan that will detail land use designations, protected natural areas, phasing of development, servicing, road patterns, urban design and development densities. The Secondary Plan will be a public process that will be approved through an amendment to the Official Plan. 0 Qu eemStie i PO Box 1023; Ntagara'Falls;ON Canada L2E6X5 905 356:7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development March 31, 2008 PD-2008-26 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -26 AM- 28/2006, Official Plan Amendment Application for Conversion of Lands from Industrial and Open Space to Residential and Environmental Protection Area Applicant: Thundering Waters Developments Corporation Agent: Ed Lustig East of Dorchester Road towards Drummond Road, Thundering Waters Golf Course and the Stanley Business Park; and North of Chippawa Parkway up to and beyond Oldfield Road to the Former Hydro Right -of -Way, Niagara Falls (Part of Lots 196, 197, 212, and 214 and Lot 213) RECOMMENDATION: It is recommended that Council support the application for amendment subject to the conditions outlined in this report. i54 J Na- l kesc rees (e cat to re -e-kh l;u�*e -}-rve ck-re� �r wt4I si At' ccLt(\c -e c�. -v■a 0. me 1J2 SE+ "'f irnrnQoUta-+e1 BACKGROUND: Lx-)` 4 he applic 6,4 SA .Q .p Proposal NiagaraFalls CANADA Thundering Waters Developments Inc. has submitted an application for the conversion of approximately 252 hectares (622 acres) of vacant lands by redesignating the lands from Industrial and Open Space in the Official Plan to Residential and Environmental Protection Area (EPA). The Open Space lands previously formed part of the Thundering Waters Golf Course. The requested amendment is the first step towards the ultimate development of the site for a wide variety of residential dwelling units (3000 to 3600 units), commercial and institutional uses, and preserved open space areas for passive and active recreational uses, including trails. Prior to any development, the lands will be subject to a Secondary Plan that will detail land use designations, protected natural areas, phasing of development, servicing, road patterns, urban design and development densities. The Secondary Plan will be a public that will be approved through an amendment to the Official Plan. Pp 9 310 Queen,Street, FQ Box 1023; Niagara'Falls, Canada L2E 6X5 905 356 7521 wwwniagarafalls ca Working Together to Serve Our Community Community Services Department Planning Development March 31, 2008 2 PD- 2008 -26 Site Conditions and Surrounding Land Use Wooded areas and Wetlands, mostly locally and one provincially significant, occupy a large portion of the subject lands. A watercourse and valley system is located along the southeastern edge of the subject lands. The lands are relatively flat and drain south towards the Welland River. Portions of the property have been cleared of treed areas in the past and are now in a state of regrowth. The subject lands are surrounded by residential uses to the north, the Thundering Waters Golf Course and the Stanley Avenue Business Park to the east, the Welland River to the south; and industrial lands along the Hydro Canal to the west. Several Industrial uses are located adjacent to the northwest corner of the subject lands, along Dorchester Road. Circulation Comments The proposed amendment was circulated to City Divisions, other agencies and adjacent property owners and their comments are highlighted as follows: Regional Municipality of Niagara It is preferred that the amendment be concurrent with a Secondary Plan for the broader neighbourhood. The amendment should include: an assessment of potential adverse effects from neighbouring industries as a policy requirement; Records of Site Condition and transitional and use policies to phase in development on lands with possible site contamination; a clear policy on tree preservation and the enhancement of natural heritage corridors that will be incorporated within the Residential designation; and a restriction on development until a secondary plan is prepared for the area. Regional Planning staff would like to review the amendment prior to adoption in regards to Provincial and Regional issues that need to be addressed. Municipal Works No objection provided that servicing concerns can be addressed at subsequent planning stages. The grade of the subject lands will necessitate the construction of a pumping station. The proposed population increase may warrant an extension of the Chippawa Parkway across the Hydro Canal to Oakwood Drive. March 31, 2008 Transportation Parks, Recreation and Culture 3 PD- 2008 -26 The proposed residential use would result in fewer generated traffic trips than industrial uses. More detailed traffic assessment is required through subsequent planning approvals. Park Blocks are to relate to the proposed Environmentally Sensitive Areas and linkages to the existing parks and trail systems in the immediate area. A Greenspace along the north side of Chippawa Parkway for an extended bike route connection is requested. Niagara Peninsula Conservation Authority (NPCA) There have been ongoing discussions with the applicant regarding the developer's request to relocate a significant section of a wetland on the site in exchange for a wetland to be created by the developer elsewhere on site. It is requested that the recommendation approved by the Niagara Conservation Authority Board be incorporated into Official Plan amendment (re- worded in brief): a feasibility report regarding the creation of a wetland south of the Con Rain Drainage Ditch to replace a wetland north of the Ditch is to be completed to the satisfaction of the NPCA. The outcome of the feasibility study may impact the size, location and configuration of the wetland to be created and affect the written policies. Stanley Avenue Business Park Association Concern was expressed over the potential problems that can develop if residential uses are located close to industrial uses and the Association asks that their interests be considered and protected during the process. The concerns expressed are: possible new sources of pressure against normal industrial activities involving noise, outside storage, traffic, etc.; security measures that are currently working against crime within the park may be eroded by exposure to residential development; the impact of large scale residential development on traffic volumes and truck routes; and the impact of residential uses on future expansions of existing or the development of new industrial uses. John Bacher, on behalf of Preservation of Agricultural Lands Society Generally supportive of the conversion of industrial to residential and environmental protection. March 31, 2008 4 PD- 2008 -26 Planning Review Concern is around a particular wetland that should be designated Environmental Protection Area. Similar to the Warren Woods proposal recently considered by Council, the purpose of the subject application is to remove the industrial designation currently applying to the subject lands. Subsequent to the requested redesignation, detailed land use designations and policies are to be developed through the Secondary Plan process which will be adopted as a further amendment to the Official Plan. The Regional Municipality has stated its preference that the proposed Official Plan amendment be processed concurrent with the Secondary Plan. Nevertheless, comments have been provided for the proposed amendment for conversion. Consideration of a general amendment for the conversion of the industrial lands to residential as proposed provides the applicants with assurance that development may occur sometime in the future and the City is able to effectively freeze development of the lands until the detailed studies and reviews are completed through the Secondary Plan process. The amendment, as proposed, allows the City to set the ground work for the Thundering Waters Development and to put sufficient policies within the Official Plan to assist in the Secondary Plan process. 1. The proposed development is supported by Provincial Policy initiatives. The Provincial Policy Statements (PPS) and the Growth Plan for the Greater Golden Horseshoe both require that municipalities plan for the protection and preservation of employment areas for current and future economic opportunities. Consequently, both documents only allow municipalities to permit the conversion of employment areas to non employment where a municipally initiated comprehensive review has demonstrated that the land is not required for employment over the long term and there is a need for the conversion. In October 2007, the City approved the recommendations of the Comprehensive Review of Employment and Residential lands, prepared by urbanMetrics inc., regarding the conversions of certain employment lands. The study concluded that, based on the population projections contained in the Growth Plan, the City should be expanding its supply of residential lands to accommodate projected growth. The study also concludes that employment will continue its historical transition towards the service oriented employment and away from heavy manufacturing and, as a result, that there is an oversupply of vacant industrial lands. The urbanMetrics inc. study has concluded that the conversion of the Thundering Waters lands from Industrial to Residential is in compliance with the findings of the Comprehensive Review and thus supports the need for additional residential lands within the City to maintain a 10 year supply as needed under the PPS. Council requested staff to move forward with the Official Plan change. It is noted that the March 31, 2008 5 PD- 2008 -26 area considered by urbanMetrics did not include the section of property fronting onto the east side of Dorchester Road (approximately 14.6 ha or 36 ac), west of the north -south rail spur as it was not proposed by the applicants at that time. These lands were discussed through subsequent correspondence with urbanMetrics Inc. It was concluded that this parcel would not have a significant impact on the supply of industrial lands and that redesignation could be considered. The proposal conforms to the Residential policies. The Official Plan states that residential development should occur in a manner that is compatible with the surrounding neighbourhood, incorporates amenity features and is sufficient to accommodate anticipated population growth through housing types and densities. The applicants have proposed a mix of residential housing types including single family (approximately 67 multiple attached townhouse units -19 and condominium apartment buildings -14 Under Provincial Policies, the density of the development will need to be in compliance with the Greater Golden Horseshoe Growth Plan. The mix of dwelling types is consistent with the Official Plan which encourages dwelling units catering to a wide range of households. The proposed residential use of the lands will be a southward continuation of the existing dwellings located south of McLeod Road. Along with neighbourhood commercial uses and institutional uses that will be incorporated into the development, the residents of the subject proposal will have easy access to the larger commercial services located both east and west of McLeod Road. The lands have direct frontage onto Dorchester Road and Chippawa Parkway which are both considered arterial roads in the Official Plan. The Official Plan requires that any amendment to the Plan be in compliance with a Comprehensive Review prepared by the City when considering the conversion of employment lands to non employment uses. As discussed above, the urbanMetrics inc. Comprehensive Review of Employment and Residential lands for the City has been completed and supports the conversion of these lands to residential use. The lands are located in close proximity to employment lands on both sides of the Hydro Canal and the Tourist Area along Stanley Avenue which is a major employer within the City. a) Industrial Compatibility The Ministry of the Environment established its D -6 Guidelines for the purpose of ensuring compatibility between industrial facilities and sensitive land uses. The minimum distance of separation is dependant on the class of the industrial use and varies from 20m (Class I, light industrial) to 300m (Class III, heavy industrial). Industrial uses and Industrially designated lands are located both east and west of the subject lands. The applicants submit that based on the types of industrial uses that exist and are permitted, March 31, 2008 6 PD- 2008 -26 setbacks appropriate to Class 1 and 2 industries would be applied to this development. Through the Secondary Plan process, a more detailed review of the configuration of land uses will allow the appropriate setback distances to be established and to mitigate any impact that residential uses may have on existing or future industrial uses including the concerns raised by the Stanley Avenue Business Park Association. The participation of the Association in the preparation of the industrial area setbacks through the Secondary Plan will be sought. b) Natural Areas The Provincial Policy Statements, the Regional Policy Plan and the City's Official Plan all stress the importance of a healthy natural environment and the protection of natural heritage features. A large portion of the subject property contains significant woodlands, wetlands and wildlife habitat. In fact, the City's Urban Wooded and Treed Inventory and Assessment Study, prepared by Trees Unlimited in 1993 rates the Ramsay Woodlot, located between Oldfield Road and the Con Rail line as number one in Niagara Falls. An Environmental Constraints Analysis, prepared by L. Campbell and Associates, has been submitted with the application. The northern wetland (coinciding with the Ramsay Woodlot), a previously unevaluated wetland area south of the former rail line, and the southeastern watercourse are identified as areas to be protected from development impacts. In addition, a Woodland Management Plan is suggested for the protection of the woodlot features on site. The Analysis provides a general assessment of existing site conditions however an Environment Impact Study will be required to clearly identify the potential impacts of development on the natural heritage features and functions. The Region has noted that the Constraints Analysis can form the basis of an Environmental Planning Study as required under the Region's Policy Plan through policies in the Secondary Plan. The Official Plan amendment should contain policies to ensure that detailed environmental studies addressing the function and connectivity of the natural heritage features and a woodland management plan are to be prepared through the Secondary Plan process. The amendment should also note that protection and maintenance of the natural features may be required within those lands proposed as residential to be further defined through specific planning applications, The applicants have had ongoing discussions with the Niagara Peninsula Conservation Authority regarding the Developer's request to consider the relocation of a significant section of a wetland north of the Con Rail Drain to an area south of the Drain. Due to the size of the wetland area involved, the NPCA brought a report forward, a recommendation contained in their correspondence of March 5, 2008 in this evening's package. Briefly stated, the recommendation is that the Official Plan amendment be conditional on March 31, 2008 7 PD- 2008 -26 the preparation and approval by the NPCA of a feasibility study for the creation of a wetland area south of the Con Rail Drainage Ditch that will match the ecological and hydrological function of any wetlands lost to the north (see Appendix 2). No wetland area is to be altered until the wetland creation works south of the Drainage ditch are satisfactorily completed. The inclusion of the requested condition within the text of the Official Plan is straightforward and will provide protection. Until the feasibility study is approved, the size, location and configuration of the EPA to the south is not precisely known and can only be shown generally on the Schedule accompanying the amendment. Since some environmental and feasibility studies are yet to be completed, the Residential policies within the proposed amendment will identify additional environmental areas may be protected within the residential designation and, if this occurs, these lands may be designated as a protective designation or zoning through the Secondary Plan process. The Public Notice for this evening's meeting contained a location map showing the general boundaries for the proposed Environmental Protection Areas to the south of the Con Rail Drain (see Appendix 1, Map 1) and included text explaining that the boundaries were conceptually only and subject to revision with further studies. The applicants have since requested that the location map be revised to the line as shown on Appendix 1, Map 2 which more closely represents the Environmental boundaries considered by the Niagara Peninsula Conservation Authority. 3. Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation System The Municipal Works Division has commented that the conversion of the industrial lands to residential would result in considerably fewer generated traffic trips. Consequently, traffic would be more manageable for the expected infrastructure expansions needed to service these lands. However, the development will have an impact on the existing road system such as McLeod Road and options for other traffic accommodation such as a new roadway crossing the OPG canal connecting Dorchester Road with Oakwood Drive will need to be addressed through the Secondary Plan process and prior to any development. A Transportation Plan will be required as part of the Secondary Plan process which will look at integration with the City's Transportation Master Plan, the identification of off -site improvements and road access /bridges across the canal or Welland River, road patterns and linkages. The servicing of the lands will also require specific studies through the Secondary Plan process. Due to the grade of the site, a sewage pumping station will be required. The construction of the pumping station will dictate the phasing of development of the site. March 31, 2008 8 PD- 2008 -26 The City's Development Charges Background study contemplated the looping of the Dorchester Road -Don Murie Drive watermains. This remains a key object to provide adequate fire protection, water quality and pressure. 4. Environmental Site Assessments The Official Plan contains policies regarding the redesignation of potentially contaminated lands to a more sensitive land use such as residential, Where the potential of contamination exists, an applicant must verify to the City and Region that the lands are not contaminated or, conversely, a Record of Site Condition to show that any contamination has been remediated. The Official Plan also provides for the use of a Holding Zone for developments that are undergoing an assessment or remediation process. The applicants have had Phase I, and in some cases Phase II Environmental Site Assessments prepared for the lands due to previous industrial uses. The proposed amendment should contain a policy that will ensure that the Secondary Plan will require the appropriate completion of studies or the receipt of Records of Site Condition through implementing planning applications such as zoning amendments, plans of subdivisions or site plan control. 5. Development Through a Secondary Plan The use of Secondary Plans is encouraged through the Official Plan for larger areas to ensure appropriate and efficient development of areas from a land use perspective and are to be coordinated with servicing studies in advance of development. The ultimate development of the Thundering Waters lands will be guided by a Secondary Plan that will be adopted as an amendment to the Official Plan that will be subject to Regional approval. The Secondary Plan will detail design policies and densities, the location and areas of land uses, servicing and public utilities, community infrastructures such as fire services, schools, parks, and trails, road patterns and natural heritage protection. The design of the proposed development will be in conformity with the density targets and sustainable design objectives of the Growth Plan. The requested amendment to facilitate the conversion of the industrial lands is a preliminary step prior to the approval of the Secondary Plan. As such, the amendment will have to restrict any development within both the Residential and EPA designations until the Secondary Plan, with all its detailed studies, is complete. Zoning By -law No. 79 -200 The lands are presently zoned General Industrial, Light Industrial and Open Space. The Open Space zoning applies to the lands formerly associated with the Thundering Waters Golf Course. The provincially significant wetlands, as well as the other natural areas, are not protected through a Hazard or Environmental Protection zone. March 31, 2008 F.Berard i:gd Attach. 9 PD- 2008 -26 The proposed Official Plan amendment should contain a clause to provide for the rezoning of the whole of the subject lands to a "Development Holding" (DH) zone to prohibit any development from occurring prior to the completion of the Secondary Plan. Through the zoning change, the lands can be removed from the industrial zoning and development in or around the natural heritage areas will be prohibited until the areas to be protected are defined through the detailed environmental studies required through the Secondary Plan process. CONCLUSION: The proposed residential use of the lands can be supported subject to the conditions contained within this report including that: a Feasibility Study for the relocation of a wetland be completed and approved by the Niagara Peninsula Conservation Authority; no development or site alteration be permitted until the approval of a Secondary Plan; and that the City's Zoning By -law be amended to rezone the lands Development Holding (DH) Zone. Recommended by: Approved by: Respectfully submitted: S: \PDR120081PD- 2008 -26, Thundering Waters, OPA, Conversion of Lands.wpd &t Alex Herlovitch, Director of Planning Development ecutive Director of Community Services Ed Du John,fvf cDonald, Chief Administrative Officer X Z W 0 N Q (a Q ca 2 Iq4 L r� \NV O 119 '0 A 11 Q Unli ttc IiRIm- ✓//I I 00 1111. 111111 Thundering Waters, Niagara Falls MNR Identified Wetlands (LSW) Legend Area to be Preserved PSw wetlands Approximates Property Boundaries watercourse Figure Four A Draft 07/01/07 it L. Campbell &Associates Environmental Consultants APPENDIX 2 03/05/2008 WED 1 1 FAX 905 788 1121 Nia, Cons. Auth. Niagara Falls PL/PW/EN NIAGARA PENINSULA CONSERVATION a db utei 1/41 ....e AU THOR ITV 2501horotd Road West, 3rd Floor rel (905) 7 Welland, Ontario L3C 3W Fax 005) 78 E-malt: npca ®mnservatiomnlagara.on.ca March 5, 2008 File MPR 4.18.30 Francesca Berardi, Planner 2 Planning and Development Dept. City Hall, City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: Subject: Application for Official Plan Amendment Thundering Waters OPA, Niagara Falls Your File AIM 28/2006 RECEiVED MAR 0 5 2008 PLANNING DEVELOPMENT a001 /002 a ®En Application is being made to permit the conversion of approximately 252 ha of vacant lands from an industrial and open space designation to residential and environmental Protection Area (EPA). Of particular relevance to the NPCA's policies and regulations is the existing wetland areas identified on the property; the Welland River to the south; and the existing tributary along the southeastern property limit. As you are aware, there have been ongoing discussions, correspondence and additional meetings with the developer's consultants and City of Niagara Falls staff. These discussions have centered around the developer's request for CA staff to consider relocating a significant section of wetland on the site in exchange for a wetland to be created (by the developer) elsewhere on the site. Given the size of the wetland area involved, NPCA staff brought forward a report on the proposal to the full Authority Board at their last meeting. A copy of this report was provided to the City, the Region and the Developer. At that meeting the Board approved the following recommendation: Report No. 12 -08, February 14, 2008 1) As a condition of NPCA approval, the NPCA requires that the proponent prepare a report to determine the feasibility of creating wetland area south of the Con Rail Drainage Ditch. The report will assess the feasibility of satisfying the following criteria: That an area of wetland be created south of the Con Rail Drainage Ditch that is greater than or equal to the area of wetland to be lost north of the Drainage Ditch. The NPCA also requires that the boundary of all wetlands located north of the Con Rail Drainage Ditch be verified in the field by a qualified biologist to accurately assess the area of wetlands to be developed and created. That the wetland created south of the Con Rail Drainage Ditch be constructed to match both the hydrological and ecological functions of any wetlands to be lost north of the Drainage Ditch, 03/05/2008 WED 11:27 FAX 905 788 1121 Nia. Cons. Auth. Niagara Falls PL /PR' /EN U002/002 2 2) In order to determine the feasibility of creating wetlands south of the Con Rail Drainage Ditch, the above report shall include the following items: A detailed assessment of all earthworks and site grading required to facilitate wetland creation on the site. The assessment shall also include a detailed inventory of vegetation to be removed through any require earth works and site grading. A hydrological assessment which will outline and detail the existing hydrologic function of wetlands located north of the Con Rail Drainage Ditch, as well as assess the potential of creating wetlands south of the Con Rail Drainage Ditch. A detailed inventory of all vegetation to be removed from wetlands north of the Con Rail Drainage Ditch, as well as an assessment of habitat conditions and wildlife species utilizing wetland areas north of the Drainage Ditch. 3) As a condition of NPCA approval of this proposal subject to a satisfactory feasibility study, the NPCA should require that no land clearing, vegetation removal or site alteration be commenced within any wetland area north of the Con Rail Drainage Ditch until all wetland creation works south of the Drainage Ditch are completed to the satisfaction of the NPCA. The NPCA will note that the above items are intended only to provide an outline to assist with the preparation of a feasibility study. These requirements are not intended to replace detailed scoping of a feasibility study. The NPCA should be contacted prior to the commencement of any required studies to provide appropriate scoping. The NPCA would ask that the above recommendation be incorporated into the Official Plan Amendment. The tributary and wetland areas are to be designated Environmental Protection. City staff should be aware that the outcome of the feasibility study may impact the size, location and configuration of the wetland to be created, as well as additional policy that may have to be included in the amendment itself. It is unclear how this can be properly addressed in a site specific OPA before the feasibility work and the secondary plan are actually completed. 1 would request that the NPCA have an opportunity to review and comment on the draft of the proposed OPA, including the land use schedule, prior to any final approval by the City. Trusting the enclosed to be satisfactory, please send notice of your Council's decision. Yours truly, Paul Bond Senior Watershed Planner (ext. 234) PEB cc: Regional Niagara Planning and Development Dept. Rick Brady, UEM 905 371 -9763 Mountainview Homes 905 688 -5524 Mar. 14. 2008 11:O6AM REGIONAL PLANNING No. 2601 P. 1/9 Niagara el Region Re: PLANNING AND DEVELOPMENT March 14, 2008 File: D.10.M.11.21 Francesca Berardi Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: Official Plan Amendment Application for Thundering Waters Development City of Niagara Falls RECEIVED MAR 1 'I PLANNING DEVELOPMENT Building Community. Building Lives. The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone. 905.984.3630 Fax: 905- 641.5208 E -mail: plan@regional.niagara.on.ca 2co, l'IejJs y, The above referenced application proposes the conversion of approximately 252 hectares (622 acres) of vacant and from Industrial and Open Space to Residential and Environmental Protection Area. This is the second major application in the City's south end proposing the conversion of industrial lands to accommodate a significant residential neighbourhood, the other is the Warren Woods development to the west. Regional Planning staff previously provided general comments on the conversion of these industrial lands in a letter dated September 26, 2007 (see attached). Our comments focused on the importance of completing growth management studies being undertaken by the City and the Region; the need to determine the viability and protection of other industrial lands or uses in the area; and other important community planning issues that should be addressed through a secondary plan. Although Regional Planning staff has been involved in discussions surrounding the comprehensive review of land use needs in the City, we have not been involved in recent meetings that have been held by the City to discuss specific details on policies or development requirements associated with these lands. Collaboration between the City, Region and the Niagara Peninsula Conservation Authority is important for the preparation of planning policies and development review as set out in the Memorandum of Understanding for Improving the Planning Function in Niagara. In particular, there are significant matters from a Provincial and Regional planning perspective that should be addressed up -front to confirm the type and level of development that can occur within the Thundering Waters lands particularly given the extent of natural heritage features and existing industrial use within or immediately adjacent to the residential community being planned. For these reasons it would be more appropriate to proceed with the adoption of the amendment concurrently with a more detailed secondary plan prepared by the City for the broader neighboourhood. However, if the City does not want to proceed concurrently with a secondary plan, the official plan amendment should not be adopted until Regional Planning staff has Mar. 14. 2008 11:O7AM REGIONAL PLANNING No. 2601 P. 2/9 2 reviewed the draft amendment in conjunction with the following Provincial and Regional planning issues that need to be addressed. Surrounding Industrial Lands Redesignating lands currently committed for industrial use may be reasonable to meet long term needs for housing, however, it Is equally Important to promote economic development for employment opportunities on the lands to remain in the designated industrial district. In this regard, the City should be confident that its objectives for industrial development in the surrounding area will not be compromised by redesignating the subject lands for residential purposes. Compatibility with the remaining industrial districts to the east and northwest of the subject lands is an important consideration in terms of protecting future residents from any potential adverse effects and to protect the planned function of the industrial areas. The Provincial Policy Statement requires that major facilities (i.e. industrial uses) and sensitive residential uses be appropriately designed, buffered and /or separated from each other. The expansion of residential development into this area will reduce the types of Industries that can be attracted to the surrounding area given Ministry of the Environment (MOE) guidelines for separating sensitive residential uses from industrial operations. Potential influence areas for industrial land uses where adverse effects may be experienced range from 70 metres (Class 1: light industrial) to 1.000 metres (Class ill: heavy industrial) based on the scale and nature of the industrial operation. Minimum separation distances recommended by the MOE range from 20 metes (Class I) to 300 metres (Class III) measured from the nearest industrial property line. An assessment of potential adverse effects from noise, dust or odours may be necessary for development near remaining industrial lands which should be included as a policy requirement for the official plan amendment and the secondary plan, The industrial area to the east is separated by a watercourse and valley system that should provide adequate protection from adverse effects from less intensive industrial uses (i.e. class I). This can be reviewed in greater detail through the preparation of the secondary plan. The greatest concern is with a cluster of industrial operations northwest of the subject lands along Dorchester Road that will be isolated and may pose land use conflicts. If the City intends to keep this area designated industrial, including lands along the hydro canal corridor, it may be desirable to keep a portion of the applicants' lands (east of Dorchester Road and west of a former railway spur line) designated Industrial to secure a viable "light" industrial strip next to the hydro canal. The railway spur lands could serve as a buffer from residential uses to the east. This matter must be given further consideration prior to the adoption of the official plan amendment. The subject lands include several areas where there may be site contamination including the redevelopment of the Chemtrade and former Washington Milts properties and railway lands that bisect the area together with the former spur line. The proponents have undertaken a number of Environmental Site Assessments in an effort to meet MOE regulations. Policies to facilitate any necessary remediation, Records of Site Condition and transitional land use policies to phase in development on these lands will have to be considered in the Official Plan amendment. Mar. 14. 2008 11:07AM REGIONAL PLANNING No. 2601 P. 3/9 3 Environmental Protection Areas The Region's Core Natural Heritage Map designates a large portion of these lands as an Environmental Conservation Area that Include woodlands, wildlife habitat, and wetlands, Development may be permitted where an Environmental Impact Study (EIS) has been prepared to demonstrate no significant negative impact will occur in the long term. Potential Natural Heritage Corridors have also been Identified in this area and need to be considered in order to enhance ecological functions. An Environmental Constraints Analysis, prepared by L. Campbell Associates, has been submitted to provide a general assessment of existing site conditions. Although this is not an EIS, it could form the basis of an "Environmental Planning Study" required under the Region's environmental policies for the preparation of a secondary plan. A more detailed EIS will be necessary when detailed development (i.e. subdivision) plans are submitted. In the interim, the applicants are preparing a Woodland Management Plan that is expected to provide some direction on tree preservation, habitat restoration, reintroduction of Carolinian Forest species and the creation of buffers and riparian areas to ensure there is no loss of local wildlife habitat and vegetation species identified for preservation as referenced in the Environmental Constraints Study. Conservation Authority policies and regulations also affect development on these lands in relation to wetland areas, the Welland River to the south and the tributary toward the southeast. The Niagara Peninsula Conservation Authority Board has approved the relocation of a significant portion of the wetland area situated at the north section of the property to be relocated to the south of the Con Rail Drainage Ditch. This approval is subject to a feasibility study to the satisfaction of the NPCA. The specific location, size and configuration of this can not be confirmed until the feasibility report is prepared and approved. The lands to be designated for Environmental Protection Areas in the Official Plan amendment should be shown more conceptually since the feasibility report has not been approved. Related policies should indicate that EPA boundaries will be more accurately determined once this report and an Environmental Impact Study are completed. There should also be a clear policy on tree preservation and the enhancement of natural heritage corridors that will be incorporated within the Residential designation and may be zoned Open Space. Regional Public Works Detailed comments from the Regional Public Works Department are attached for your information, In particular, Regional Public Works staff is recommending that only one sewage pumping station be constructed to service the entire development area. The development will have a direct impact on Regional Road 49 (McLeod Road) and indirectly on other Regional roads. An east -west link crossing the hydro canal and a north -south link crossing the Welland River should be given consideration to facilitate long term growth in this area. Costs associated with this development for Regional road improvements will have to be given further consideration. Secondary Planning The policies in the Official Plan amendment should ensure that no development is approved for these lands until a secondary plan is prepared for the area. This will provide more detailed direction on matters such as environmental protection, land use compatibility with nearby industrial uses, urban design guidelines, land use mix and densities, infrastructure needs, and Mar. 14. 2008 11:07AM REGIONAL PLANNING No. 2601 P. 4/9 Yours truly, .Peter Colosimo, MCIP, RPP 3- Planner c: 4 phasing of development. This would be similar to the policies being prepared for the Official Plan amendment for the Warren Woods development, with the exception of additional policies on industrial land use and environmental matters as previously mentioned above, Conclusion The Official Plan amendment will require the preparation of a secondary plan. Therefore, it is not exempt from Regional approval as indicated in the Memorandum of Understanding (MOU) between the Region, local municipalities and the NPCA. If the amendment is adopted by City Council, it must be forwarded to the Region for final approval in accordance with the requirements of the Planning Act along with the Regional review and approval fee of $1,800.00 to be paid by the applicants. As previously mentioned, however, we would recommend that the draft amendment, Including the proposed land use schedule, be forwarded to Regional Planning staff and NPCA for review prior to presenting it to City Council for adoption. If you have any questions, please contact me for assistance. A. Herlovitch, City of Niagara Falls B. Bolibruck, City of Niagara Falls R. Brady, Urban Environmental Management Inc. D. Cherrington, Regional Public Works W, Stevens, Regional Public Works P. Bond, NPCA Councillor W. Smeaton M: \MSWORD \PC\Niagara FaUIsINFopa \OPAThundering Waters.doc Mar. 14. 2008 11:07AM REGIONAL PLANNING No. 2601 P. 5/9 y 4 The Region& Municipality of Niagara Niagara e Region 2201 St. David's Road, P.O. Box 1042 Thoroid, Ontario L2V 417 PLANNING AND DEVELOPMENT Fat 0 64 1 o 3630 E -mail: plangreglbnaLniagera-on.ca September 26, 2007 File: D.10.M.11.21 John Barnsley Manager of Policy Planning City of Niagara Falls 4310 Queen Street Niagara Faits, ON L2E 6X5 Dear Mr. Barnsley: Re: Official Plan Amendment Applications for Warrens Wood and Thundering Waters Developments City of Niagara Falls The City has completed a study for a' Comprehensive Review: Residential and Employment Land Needs Analysis' prepared by UrbanMetrics Inc, as part of a Growth Management Strategy that is underway. This- included a peer review of the information submitted to justify-the above noted applications proposing the conversion of industrial (employment) lands to residential neighbourhoods• You have indicated that the results of this Comprehensive Review will be presented to City Council soon and that the applications to amend the City's Official Plan will be considered shortly thereafter. You further advised that secondary plans will be necessary either through site specific policies under the of the applications or through municipally -driven secondary plans that would consider the private applications as part of the planning process. The Regional Planning and Development Department prefers the later process for the following reasons. The Cry's land needs analysis concluded that there will be a long term deficiency in -the supply of residential land and an excess supply of employment land, The draft study recommends that the two proposals to redesignate employment lands be considered when the Cily's.Growth Management Strategy is completed and subject to appropriate servicing, site plan and environmental considerations' The Comprehensive Review completed by the City only represents the first step of the Growth Management Strategy being undertaken by the City. Further, the Region's Growth Management Strategy is in progress which win 'confirm the allocation of growth, among other maffers, for Niagara Falls and other municipalities in theRegion. This will lead to changes to the Regional Policy Plan and local official plans in order to meet Provincial requirements fdr conformity with the Growth, Plan for the Greater Golden Horseshoe: In the interim; the site specific planning applications td redesignate empleyrnent'lands could move forward throughthe preparation of secondary plans far each neighbourhood. This process should be fed by the municipality with input from the applicants and other stakeholders in the community: Further, the secondary plan process for the conversion of employment lands would also be in alignment with the.comprehensive growth strategies being completed by the Region and the City as required in the Provincial Growth Plan. Building Community. Building Lives. Mar. 14. 2008 11:07AM REGIONAL PLANNING No. 2601 P. 6/9 2 Proceeding with the secondary plans up -front would go beyond the site Specific applications and would be beneficial to:" Define an area based on a somewhat broaderneighbourhood boundary, not just lands owned by the applicants; Define more specific land use limits, particularly for environmental protection areas and the remaining industrial districts; Afford more opportunity for community engagement in developing plans that will build public support for long term development in these areas; Provide more detailed evaluation of municipal infrastructure and community,services to More accurately determine long term needs, financial commitments and development phasing; Consider land use compatibility between remaining industrial districts and proposed residential land uses; Develop strategies for dealing with brownfield sites in the Thundering Waters neighbourhood; Prepare sustainable land use planning policies and urban design guidelines. If the City proceeds to adopt the Site specific applications, there wiII be further amendments required to the Official Plan for the approval of secondary plans. There may also be further amendments required to Schedule 'A' (Future Land Use Map) of the Official Plan given the need to consider other lands in the immediate area (not owned by the applicants) and to confirm the limits of industrial and environmental designations Therefore, moving forward with the secondary planning process at this time would complete long range planning for these areas in a more comprehensive and timely manner. In the interim, the proponents each have other independent residential developments that have either been approved or are under consideration (Warren Woods subdivision and Thundering Waters Village condominium) on adjacent properties that could be developed as the first phases of these future residential neighbourhoods. The .proponents have provided some of the necessary background information and some preliminary and use concepts that can be used to initiate these secondary plan projects and streamline the process. It would seem that the Warren Woods secondary plan could move more quickly en the basis of the availability of servicing, the EA process being completed for drainage improvements and envireninental review (Warren Creek Watershed Master Plan). The City should consider having a Technical Advisory and/or Steering Committees for the preparation of each of the secondary plans which should include representatives from the Region (Planning and Public Works):: Engaging :the community throughout the process will also be extremely important. In conclusion, there seems tote a demonstrated need to support the site specific planning applicatioris for the conversion of designated industrial lands to meet long tenn,requirements for residential growth. However, there are`still important, cornmunity pianhirig issues that need to be addressed for these prospective neighbourhoods as well as the completion of breader growth strategies that are in process for the City and the Region. For the above noted reasons it would seem reasonable fie support the site specific applications through the preparutiori of secondary plans to guide future development in an orderly manner. Mar. 14. 2008 11:08AM REG[ONAL PLANNING 3 If you have any questions, please contact me for assisfance. Yours truly, Chb, Peter Colosimo, MCIP, RPP Senior Planner c: A Heriovitch, City of Niagara Falls D. Cherrington, Regional Public Works P. Bond, NPCA Councillor W. Smeaton M :WSWCRDIPCWlagara Falls\NFopalMcS Policies and ZSLA,doc No, 2601 P. 7/9 Mar. 14. 2008 11:08AM REGIONAL PLANNING Niagara Ira Region No. 2601 P. 8/9 DATE: March 5, 2008 TO: Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department FROM: William J. Stevens, C.E.T. Development Approvals Manager SUBJECT: Thundering Waters Residential Development Applicant/Owner: Thundering Waters Development Corporation (Mountainview Homes) Proposal: The vacant subject lands are expected to accommodate approx. 3,100 new residential units (single detached, townhouse and apartments), as well as related uses (commercial /minor institutional and parks and green space) Location: McLeod Road, Stanley Avenue, Dorchester Road, Drummond Road, Chippawa Parkway and Oakwood Drive In the City of Niagara Falls Our File: D.11.04.644430365 (ID #6485) Niagara Region Public Works Department has reviewed the Site Servicing Feasibility Study and Transportation Review for the above referenced development and provide the following preliminary comments: 1) Sanitary Servicing The development is proposing that a sewage pumping station be built on the south side of The Conrail Drain, at the expense of the developer. This will provide sewer drainage to a gravity pipe from the north side of The Conrail Drain to the Regional trunk sanitary sewer on Oldfield Road. The sewage pumping station must be deep enough to accommodate the entire area, so that a second sewage pumping station is not required. The depth of the sewer on Oldfield Road must be studied in order to assess the possibility of the entire area being serviced with a gravity sewer system. Our records indicate that the depth of the trunk sanitary sewer in the vicinity of Oldfield Road and Dorchester Road, as being 8 metres or more. Please note that on Page 4 of the Site Servicing Feasibility Study the 825 mm diameter sanitary sewer on Dorchester Road should be noted as a Regional sewer. Mar. 14. 2008 11:08AM REGIONAL PLANNING No. 2601 P. 9/9 Peter Colosimo, MCI RPP Senior Planner Planning and Development Department March 5, 2008 Page 2 of 2 2) Water Servicing The Region has an existing 1,050 mm diameter watermain on Oldfield Road and a 300 mm diameter watermain on Dorchester Road. The developer is proposing a looped watermain system from Dorchester Road to Chippawa Parkway to Don Murie Drive connecting to a local watermain; therefore no Regional watermain will be involved in this development. 3) Transportation Review This development is expected to have a direct impact upon McLeod Road and indirectly upon other Regional roads in this area. Accordingly, it has been included by the City in their assessment of costs for improvements to the McLeod Road corridor, particularly in the area under jurisdiction of the MTO. We would anticipate that this matter needs to be addressed soon and, therefore, should be discussed with the City. We would also advise that any site specific related road improvements affecting Regional roadways will be at the developer's expense. We would further note that the Transportation Review prepared by Paradigm (dated September 2006) for this development discusses the need for an east-west crossing of the OPG canal. This issue is also identified in the Niagara Falls Transportation Master Plan. It is anticipated that the City's Master Plan will be updated later this year, at which time we would hope that both east-west and north -south improvements to the City's road system will be considered in order to accommodate this and other developments in the area. Such road alternatives could significantly affect/involve this developer, We trust our comments will be of assistance in your review of this application. William J. Stevens, C,E,T, Development Approvals Manager Public Works Department Transportation Services Division WJS /cm LAENCINEERING PLANNING DEVELOPMEN AVetrone Carmen \Niagara Falls \CORRESPONDENCE 2008\1 4459.Peter Colosimo.doc Eric L, Flora, P. Eng,, CET, Associate Director, Transportation Systems Peter Baker, P. Eng., Associate Director, Water Wastewater Engineering (3119 /2008) Yvonne Blais Fwd: Thundering Waters Development application Page From: To: Date: Subject: Attachments: Alex Herlovitch Francesca Berardi; John Barnsley; Yvonne Blais 3/19/2008 9:16 AM Fwd: Thundering Waters Development application Part.002 For City Council March 31, 2008 File AM- 28/2006 "Pals" <palsCa becon.orq> 3/18/2008 2:44 PM Alex Herlovitch Planning Director City of Niagara Falls Bt.. Planning Scatrictl Wile: E-21thiti C M41 1-- RECEIVED MAR 1 8 2008 PLANNING DEVELOPMENT On behalf of the Preservation of Agricultural Lands Society, PALS, I am writing on the proposed changes to the Niagara Falls Official Plan in connection with the proposed Thundering Waters development application. PALS is generally supportive of the proposal, which intends to re- designate lands from industrial to residential and environmental protection. There is however, one important modification that should be made to this proposal. PALS recognize that there is a surplus of industrially designated and zoned lands in the City of Niagara Fails, which should be more appropriately designated for residential development. It is however, important that proper care is taken in making such changes to protect the environment, especially significant wetlands and the habitat of rare species. PALS is supportive of the inclusion of all of the lands that are being proposed in the circulated amendment to the Niagara Falls offical plan regarding Thundering Waters, to be altered from the current industrial designation to Environmental Protection in the Niagara Fails Official Plan, There is however, one significant area, which is currently designated as a Locally Siginficant Wetland by the province which has clearly been omitted from this designation. It should be included along with any other such locally significant wetlands and connecting corrdiors which may have been omitted by my comments. The wetland which is not proposed to be designated as a Environmental Protection Area, which should be, is clearly mapped and identified in the "Preliminary Report", (Environmental Impact Statement EIS), by L. Campbell and Associates. It was published by the Ministry of Natural Resources, (MNR) for Lot 196 of the former Stamford Township. It is identified as Wetland 213. In reading the comments of both L. Campbell's preliminary EIS, and the letter dated May 11, 2006 contained in this report from Niagara District supervisor for MNR made clear that there are a number of rare species scattered In wetlands on the subject lands. Durst idenifies these as Broadleaf Panic Grass, Round leaved Greenbrier, Biennel Gaura, Pin Oak and Shriners Three awned Grass. He stresses also that the habitat of the Round leaved Greenbrier, prohibits "development and site alteration" in its habitat. He also recognizes the significance of the forests on the site as a deer wintering yard. PALS also to draws to your attention the detailed comments on this proposal by the Niagara Peninsula Conservation Authority. These were made in a letter of February 14, 2008 by Tony D'Amario. Here he clearly states that the restricted conditions by which development in locally significant wetlands have not been met by these tests. These are contained in the NPCA's "Land Use Planning Policy Document. Consequently, he believes development on such wetlands to be "beyond the parameters" of this policy. D'Amario comments are a resonabie inference from the developer's EIS. It clearly states that more study needs to be done on these lands, even to the extent of the drainage impacts outside the wetland area, let alone to consider development within designated Locally Significant Wetlands. The EIS notes that "the extent of vernal pool coverage and the most significant habitat blocks will be identified and mapped once the field data collection has been completed." This has not yet been undertaken. A report on tree management requested In the 2006 EIS has not been completed, nor has an "Ecological Land Classification for the entire site." It is suggested "that an updated evaluation of these wetlands should be carried out before any planning applications are made." This has not been undertaken. In the EIS is indicated that, "The relative significance of the various woodlot polygons will be determined once field inventories have been completed and the ELC mapping has been finalized." This has not been finished. In addition to the comments taken from previous cited correspondence and reports, PALS wishes to draw to your attention information contained on the subject lands In a study edited by RF Brady, "Regional Municipality of Niagara Environmentally Sensitve Areas which was published in 1980. In addition to confirming a number of previous citied observations, it makes a number of points regarding the significance of the forested swamp wetlands on the subject lands. One of the most important findings of the 1980 ESA report, is the sheer size of the forested area. It is 180 hecares, which would make the subject lands one of the largest remaining swamp forests in Niagara. This would make the forest important for forest interior bird species threatened by habitat fragmentation. There does not appear morevover to be an adequate discusion of the issue of habitat for forest interior birds in the EIS. In addition to sheer size, the species compostion and ecological type of oak forest found on the subject lands makes this issue one of great significance. The EIS notes that the "Pin Oak Swamp community" found here is "provincially rare." In addition to Pin Oak t (3/19/2008) Yvonne Blai§ Fwd Thundering Waters Development application page 21 Sincerely, Dr. John Bacher (PhDO Researcher, Preservation of Agricultural Lands Society. another unusual native tree found here is the Pignut Hickory. Avoding forest fragmentation is another reason the large forested area should not be fragmented by development of Wetland 213. Such large habitat blocks may also be important for a "rare to uncommon' species identified In the EIS, the Eastern Milk Snake. The ESA study also identifies the presence of turtles" on th subject lands. Certain turtle species which are not yet endangered, notably the Snapping Turtle, are experiencing severe population loss in Ontario, and may be found in this location with further study. Since as the NPCA comments indicate, the test for development on Locally Siginficant Wetlands have not been met, and the loss of Wetland 213 would mean serious forest fragmentation, the Environmental Protection designation on these lands should be expanded. This would be a prudent measure to conserve one of the most significant remaining of the rare Pin Oak Swamp communities in Ontario. March 8, 2008 City of Niagara Falls Planning and Development Division City Hall 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 RECEIVED MAR 2 0 2008 C ter LSV PLANNING DEVELOPMENT Attention: Alex Herlovitch Director of Planning Development Dear Sir: Re: Official Plan Amendment File AM 28/2006 Please accept this letter for consideration in respect to proposed changes to the City's Official Plan. These proposed changes relate to the ultimate Residential development of lands adjacent to the Stanley Avenue Industrial Business Park. Many of the Association's members have voiced concern over the proposed amendments, specifically the potential problems that can develop when Industrial and Residential land uses co -exist in close proximity, These concerns were formally submitted to the City in 2003 (previous letter copy enclosed) and are now prominent with the proposed change to Residential land use. Industrial Land Use The businesses currently located in the park are mature, established operations carrying on activities concurrent with industrial zoning. These industrial businesses do not want to be exposed to new sources of pressure that can be typical with residential complaints regarding industrial activities (noise, outside storage, traffic, environmental, etc). Security Issues Members have worked diligently to improve crime and security within the Park. There is concern that the successes achieved could be eroded by exposure to residential development immediately adjacent to the Park. Access routes, buffer zones, fencing, lighting, policing and traffic volume are issues that could affect Park security. David K. Allan, Chairman GO Marine Clean Limited PO Box 2205 Niagara Falls, Ontario L2H 2A5 Phone (905) 356 -5553 Fax (905) 356 7631 email dallau vaxxine.com Traffic Flow New large scale residential development will add significant traffic volumes to the current infrastructure. Concerns exist regarding traffic patterns, planned road accesses, and truck routes to the Industrial Park. Approvals /Notification Process Our members have concern over the proximity of a new residential development with respect to the process required to amend, expand or develop industrial operations. The Stanley Avenue Business Park Association Members (approx. 60 businesses) appreciate the notification regarding this issue and trust that these comments and their interests will be protected and considered during the process. Further, members ask that appropriate notification be provided to them regarding council meetings or other deliberations relative to this matter so that our concerns are known. Respectfully Submitted, David K. Allan Chair, Stanley Avenue Business Park Association (SABPA). Encl. Letter to City (Nov 4, 2003). Cc: City of Niagara Falls, Business Development Office David K. Allan, Chairman C/0 Marine Clean Limited PO Box 2205 Niagara Falls, Ontario L2I1 2A5 Phone (905) 356 -5553 Fax (905) 356 7631 email dallan @vaxxine.com Dear Wendy: November 4, 2003 City of Niagara Falls Business Development Office City Hall 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 Attention: Wendy Canavan Economic Development Officer Re: L- 2003 -70, Falls Industrial Park Surplus Lands File 2003 -190 Recently the members of the Stanley Avenue Business Park Association received formal notification that 61 acres of City -owned industrial lands adjacent to the developed portion of the industrial park was to be declared surplus. Several of our members have voiced concern over this action and have asked that these concems be forwarded to the City for consideration. Abandonment of Industrial Lands The lands involved form part of the Falls Industrial Park. Many current members who own property in the Park are concerned with the shrinking industrial base in Niagara Falls and the negative effects this may have on their businesses and relative value. Properties were purchased with the understanding that these lands would be developed, have a positive effect on property value and strengthen the City's industrial base. By selling these lands, it appears the City is abandoning any efforts to attract new industry and increase the industrial sector. Negative Perception Depending upon how these lands are developed, there is concern that the activities of our members may be perceived as "undesirable" (ie. noise, storage, traffic, environmental, etc.) The businesses currently located in the park are mature, established operations carrying on activities concurrent with the industrial zoning. These businesses do not want to be exposed to pressures from outside parties regarding their activities. David K. Allan, Chairman C/0 Marine Clean Limited PO t3ox 2205 Niagara Falls, Ontario L2H 2A5 Phone (905) 356 -5553 Fax (905) 356 -7631 email dallantgvaxxine.com Security Issues Members have worked diligently to improve crime and security within the Park. There is concern that the successes achieved could be eroded by exposure to developments immediately adjacent to the Park. Access routes, buffer zones, fencing, lighting, policing and traffic volume are issues that could affect Park security. Traffic Flow Recent reports regarding truck traffic and turning areas indicate positive actions are forthcoming from the City. Members are concerned that the sale of these lands will affect long term options being considered/budgeted by City staff. Members appreciate the notification regarding this issue and trust that their interests will be protected and considered during the process. Further, members ask that appropriate notification be provided to them regarding council meetings or other deliberations relative to this matter so that our concerns are known. Respectfully Submitted, David K. Allan Chair, Stanley Avenue Business Park Association. David K. Allan, Chairman C/0 Marine Clean Limited PO 13ox 2205 Niagara Falls, Ontario 1,2H 2A5 Phone (905) 356 -5553 Fax (905) 356 7631 email dallan(a)vaxxine.com March 31, 2008 PD- 2008 -27 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraJall C A N A D A s Re: PD- 2008 -27 26T -11- 2006 -03 (Revised) AM- 4512006 Fernwood Phase 2 Draft Plan of Subdivision Zoning By -law Amendment Application Lundy's Lane (North Side), Between Garner Road Beechwood Road Owner: 800460 Ontario Limited (Fred Costabile) 1. That the Fernwood Phase 2 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. BACKGROUND: Proposal This subdivision application is an extension of the Fernwood (Phase 1) Draft Plan of Subdivision (File 26T -11- 2004 -03 Revised) that was previously approved with conditions by the Ontario Municipal Board (OMB). Phase 2 proposes to subdivide the 13.3 hectare (32.86 acre) site into 112 lots for single- detached dwellings, 7 blocks of land for on- street townhouses (36 units), a block of land for townhouses (minimum 39 units), a block of land for an apartment (minimum 43 units) and a walkway block. The property is located on the north side of Lundy's Lane at,tlie'Urban Area Boundary, east of Beechwood Road and Working Together to Serve Our Community Community Services Department Planning Development 0QueegStr et PQ Bo 1023 Niagara Falls ONYCanada L2E6X5 905356 7524 wwwnlagarafalls.ca March 31, 2008 west of Garner Road (see Schedule 1). The street pattern includes an extension of the proposed Hendershot Boulevard to the east, a looped roadway and a cul -de -sac. The northwest limit of the plan is designed to allow the possible continuation of development on abutting land of the applicant (including an area protected for the Highway 420 Extension). An emergency access to Lundy's Lane is required through this plan. Schedule 2 illustrates the submitted subdivision layout. The majority of the subject land is currently zoned Development Holding (DH), while small sections at the east and south are zoned Residential Single Family 1 E Density (R1 E) and Hazard Land (HL), respectively, through site specific By -law No. 2004 -157. The applicant has requested a zoning change to the Residential Single Family 1E Density (R1 E) zone for the single- detached lots, to the Residential Mixed (R3) zone for the on- street townhouse blocks and to the Residential Low Density, Grouped Multiple Dwellings (R4) zone for the townhouse and the apartment blocks. Public Consultation The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on June 11, 2007. There were two members of the public that spoke at the meeting. Concerns were expressed regarding the restrictions this development may place on a nearby campground and also the protection of the woodlot in Phase 1. A representative of Redpath (an industry to the southeast) spoke at the meeting and a letter was submitted requesting the same conditions of the OMB settlement for draft approval of Fernwood Phase 1 be applied to the second phase with respect to their industrial operation. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. Planning Review Surrounding Land Uses Official Plan Amendment 51 2 PD- 2008 -27 Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approval is recommended subject to detailed conditions of approval for the subdivision and with minor revisions to the requested zoning amendment. The review of the applications is addressed under the following headings. The first phase of the Fernwood development is located to the east with approval for single- detached dwellings. A protected woodlot is to the northeast within that plan. The proposed stormwater /berm /trail corridor for the overall area is to the south and southeast. The CN Railway line, a campground and Redpath are further to the south /southeast. The Urban Area Boundary (UAB) and agriculturally- designated land are located on the west side of the property. Vacant land owned by the developer and the UAB are to the north. The City's Official Plan designates the subject land Residential (Special Policy Area #44). This designation applies to the lands described as Phase 1 2 as well as abutting land to the northwest. The Official Plan policies require the provision of an integrated housing mix March 31, 2008 3 PD- 2008 -27 throughout the site with an overall minimum residential density of 6 units /acre (14.83 units /hectare). A variety of single lot sizes along with townhomes, apartments and multiple residential units are to be integrated throughout the plan area in order to provide a choice of housing types and tenure. The woodlot and stormwater corridor within Phase 1 were designated Environmental Protection Area through the Official Plan amendment. Based on figures submitted with this application, the density of Phase 1 is 4.36 units /acre (10.78 units /hectare) while Phase 2 has a density of 7.0 units /acre (17.3 units /hectare). The resultant overall density of 6.1 units /acre (15.08 units /hectare) complies with the site specific Official Plan policy. The subdivision provides a variety of lot sizes for single detached dwellings and blocks for townhouse /apartment uses approximately 51% of the Phase 2 plan consists of multiple unit housing. Although improvements may be possible with respect to the distribution of the housing types, staff is satisfied the intent of the policy is achieved. The subdivision implements the Official Plan amendment and the proposal is consistent with the Provincial Policy Statement and the Growth Plan. Subdivision Design The majority of development parameters and general design issues for the overall site were determined by the OMB approval of the Official Plan amendment, Zoning By -law amendment and the draft plan conditions for Phase 1. The large woodlot along Garner Road is to be protected and transferred to the City through an agreement with the developer this will occur at the plan registration stage. In addition, the corridor at the south boundary along the CN Railway will accommodate a realigned watercourse, stormwater management facilities, safety berm /noise fencing and recreational trail. Phase 2 continues the collector roadway (Hendershot Boulevard) established in Phase 1. The north boundary road is intended to permit further development if the Highway 420 Extension does not proceed. Staff discussed alternate designs with the developer's planner with respect to an improved housing integration and connectivity within the subdivision. These included the elimination of the cul -de -sac or switching the road access to the south and also a reorientation of Block 120 (townhouses) to Hendershot Boulevard for better vehicle access and a pedestrian route to the future trail system. These options were not desired by the developer but a walkway (Block 122) was proposed for pedestrian access to /from the townhouse site. The walkway is acceptable but should be relocated to the southwest between Blocks 117 118 to align with the likely trail connection across the street abutting Lot 96. The ownership of the walkway would remain private combined with the townhouse development. The width of the block needs to be increased to provide a safe design, buffering to abutting dwellings and landscaping the standard City width for walkways is 7.62 metres (25 feet). The Ministry of Transportation requires that all dwellings, structures, services and roadways must be setback 14 metres (46 feet) from the Highway 420 Extension right -of- way. The plan has been shifted to the southeast away from the MTO corridor to provide the required separation distance for the roadway and services. However, it appears small sections of the building areas along the north sides of Lots 1 112 may still be within the protected area and these lots may need to be adjusted slightly. The developer is required to construct a temporary emergency /construction access connecting Hendershot Boulevard to Lundy's Lane for Phase 1. A permanent emergency access is needed and the alignment must be determined through the development of March 31, 2008 4 PD- 2008 -27 Phase 2. The curved boundary of Block 121 and the stormwater area was formed (in part) by an emergency access route shown on concept plans originally submitted for this area. Preliminary servicing plans show a possible emergency access through the middle of the townhouse /apartment site (Block 121) that could also be utilized as a driveway for the residential development. Although such a configuration within a housing site may be possible, an emergency access along the west side of Lot 96 and following the southerly boundary of Block 121 has benefits. This location would maintain a larger and consolidated area on Block 121 for residential use that is less affected by the standard 75 metre (246 foot) setback from the CN Railway right -of -way for vibration mitigation. The emergency access could also function as the required trail connection from Hendershot Boulevard, a pedestrian linkage to Lundy's Lane and for City maintenance vehicles. There may be legal issues involved in obtaining and maintaining a permanent emergency access through a private residential (condominium development compared to a dedicated block of land to the City. Staff will explore alignment options with the developer. There is no parkland in the Phase 2 subdivision. All parkland requirements of the developer for the combined Fernwood area were addressed in Phase 1 through the dedication of a block of land on Hendershot Boulevard and a walkway on Tapestry Court accessing the woodlot. Playground equipment will be installed adjacent to the trail which is the main recreational /open space feature for this area. Traffic calming techniques are required and there will be parking restrictions on certain streets to ensure adequate fire access. Sidewalks are requested in accordance with standard municipal practice. Zoning Amendment The requested R1 E zone for the single- detached lots is the same category as the Phase 1 subdivision. The plan provides a range of lot sizes that comply with the minimum lot area (370 square metres /3,983 square feet) and minimum lot frontage (12 metres /39.4 feet) provisions of the zone. The R3 zone category requested for the on- street townhouses (Blocks 113 to 119 inclusive) also permits single- detached and semi detached lots. In order to ensure Official Plan density conformity, the by -law will need to specify on- street townhouses only in the R3 zone and a minimum of 36 units as shown on the plan. The R4 zone provides development standards for both townhouses and apartments and Blocks 120 121 could be suitably developed for either use. There have been no specific apartment/townhouse designs submitted but the blocks are large enough to provide unit layout options. The calculated densities based on the proposed 39 units (Block 120) and 43 units (Block 121) are low compared to the number of units possible utilizing the R4 standards. Nevertheless, a minimum number of units should be identified in the amending by -law to address the Official Plan density requirement. This is more apparent for Block 121 since useable land area may be restricted (unless a specific vibration study is prepared) due to the CN Railway setback previously noted. Staff recommend that the R4 zone standards applicable to townhouses be modified. The minimum zoning depth for a rear yard amenity area is 7.5 metres (24.6 feet) for all dwellings in the City. This requirement should be applied to the rear of each townhouse unit rather than only the "rear yard" of the overall parcel as currently defined in the City's Zoning By -law. Site Plan Control or condominium approval will be required for the block townhouses and /or apartments to address such matters as parking, landscaping and access to ensure compatibility. March 31, 2008 Regional Comments The Regional Planning and Development Department has no objections to the approval of this development. The plan provides some smaller lot frontages and dwelling types with the potential for affordable housing. Regional Public Works request conditions relating to servicing, waste collection truck access requirements and the emergency access design. Regional Planning also reviewed the subdivision with regard to Provincial policies. Studies have been submitted for both Phase 1 and Phase 2 to address stormwater management requirements and noise /vibration impacts (CN Railway, Redpath, Lundy's Lane and Highway 420). Conditions are requested to implement the necessary stormwater design and mitigation measures. A warning clause is requested to advise future homeowners of potential agricultural land use impacts. Agency Comments The Niagara Peninsula Conservation Authority is reviewing the overall stormwater management design and facilities contained within Phase 1 that will serve the entire Fernwood area. The NPCA requests the same conditions previously applied to Fernwood Phase 1 for this second phase of development. CN Rail requests standard conditions for residential development in proximity to their railway corridors. The Ministry of Transportation requests a condition regarding stormwater and notes that land use permits are required. Canada Post advises that the residents will be served by Community Mailboxes and requests typical conditions. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The Fernwood Phase 2 Draft Plan of Subdivision is an acceptable development of the site. The application complies with the specific policies of Official Plan Amendment 51 and is consistent with the Provincial Policy Statement. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings. The required conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R. Wilson: mb Attach. S:1PDR120081PD- 2008 -27. Fernwood Phase 2 Subdivision. AM- 45- 2006.wpd 5 PD- 2008 -27 Alex'Herlovitch, Director of Planning Development Ed Dujlovic, xecutive Director of Community Services MacDonald, Chief Administrative icer March 31, 2008 -6 APPENDIX Conditions for Draft Plan Approval PD- 2008 -27 Approval applies to the Fernwood Phase 2 Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated March 3, 2008, showing 112 lots for single- detached dwellings, 7 blocks for on- street townhouses, Block 120 for townhouses, Block 121 for townhouses or apartments and Block 122 for a walkway. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles at all intersections; (c) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; (d) provision of water distribution, sanitary sewer and storm sewer systems; (e) weeping tile flow to be directed to the storm sewer by use of sump pumps; (f) provision of an overland stormwater flow route; and (g) application of the City's Lot Grading and Drainage Policy. 5. The developer incorporate traffic calming measures and parking restrictions into the roadway design to the satisfaction of the City. 6. The developer dedicate a 0.3 metre reserve to the City along the northwesterly boundary of the plan (Lot 1, street right -of -way, Lot 112). 7. The City dedicate the 0.3 metre reserve at the southwest terminus of Hendershot Boulevard in Fernwood Phase 1 as a public highway. 8. The developer construct sidewalks to City standards on both sides of Hendershot Boulevard and on one side of the remaining streets (no sidewalk is required on the cul -de -sac). 9. The developer construct a permanent emergency access to the satisfaction of the City and Region connecting Hendershot Boulevard to Lundy's Lane through Block 121. The alignment of the emergency access may possibly be integrated within a residential development on Block 121 or be a separate dedicated access along the east and south side of Block 121 abutting the stormwater /recreational trail block within Fernwood Phase 1 subdivision. March 31, 2008 7 PD- 2008 -27 10. The developer submit servicing plans showing road widths /curb radii and the design details for the emergency access to Fire Services for review and approval. 11. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 12. The developer grant the City and Public Utilities any easements required to service the subdivision. 13. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). 14. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 15. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost for buildings and complexes with a common lobby, common indoor or sheltered space). 16. The subdivision be revised to shift Lots 1 112 to the south (if needed to comply with Ministry of Transportation setback requirements) and relocate and widen Block 122 (walkway) to the southwest between Blocks 117 118 to the City's satisfaction. 17. The developer provide and construct a public trail connection to the satisfaction of Parks, Recreation Culture from Hendershot Boulevard in the area of Lot 96 and Block 121 to the trail within the stormwater block in Fernwood Phase 1 subdivision and also linking to Lundy's Lane. This trail may be combined, if appropriate, with the required emergency access for the plan. 18. The developer provide fencing to the City's satisfaction along the boundaries of all publicly owned land. March 31, 2008 8 PD- 2008 -27 19. The developer submit a landscape plan for the review and approval of the Director of Parks, Recreation Culture illustrating the streetscape treatment along Lundy's Lane. 20. The developer provide boulevard trees in accordance with City policy. 21. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 22. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning Development confirming that all lots comply with the Zoning By -law. 23. The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 24. The design drawings for the water, sanitary sewer and stormwater drainage systems required to service this plan be submitted by the developer to the Regional Public Works Department for review and approval. (Note: Any stormwater management scheme that may be proposed for this development would require the direct approval of the Ministry of Environment, Toronto). 25. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing (watermains, sanitary sewers and storm drainage system) for this development. (Note: Any new storm sewer outlet to a creek or stormwater management scheme designed for quantity control /quality improvement will require direct approval from the Ministry of Environment, Toronto). 26. The developer deed a 0.3 metre (1 foot) reserve parallel to the southerly limit of Block 121 along Regional Road 20 (Lundy's Lane), except for the space required to facilitate an emergency access, to the Regional Municipality of Niagara free and clear of any mortgages, liens and encumbrances to preclude access in perpetuity along Regional Road 20. 27. The design of the road system be reviewed by the Regional Public Works Department to confirm that curbside waste collection can be safely accommodated. 28. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 29. Immediately following notice of draft plari approval, the developer provide the Regional Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a March 31, 2008 9 PD- 2008 -27 servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. 30. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development, May 1991: a) detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Planning and Development Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional Planning staff. 31. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management plan required in accordance with Condition #30. 32. The developer submit a detailed noise impact assessment prepared and endorsed by a qualified acoustical consultant to the Regional Planning and Development Department for review and approval assessing the impact of noise on the subdivision and recommending appropriate measures to reduce noise levels within the development in accordance with the Ministry of Environment's noise criteria. The subdivision agreement between the developer and the City of Niagara Falls shall contain provisions whereby the developer agrees to implement the approved noise control measures. 33. The subdivision agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale contain the following warning clause: "The lands in the plan of subdivision may be exposed to noise, odour and dust from nearby agricultural operations that may occasionally interfere with some activities of the owners who may occupy these lands 34. The developer prepare detailed sedimentation and erosion control plans for review and approval of the Niagara Peninsula Conservation Authority (NPCA). All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter the adjacent tributary. March 31, 2008 10 PD- 2008 -27 35. The developer submit detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. The NPCA also requires that a detailed engineering report be prepared and submitted for review which provides adequate calculations to determine if the proposed Stormwater Management Block (in Phase 1) has been adequately sized. 36. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices, Planning and Design Manual, June 1994. 37. The developer obtain the required permits from the NPCA for the proposed watercourse realignment (pursuant to the NPCA's Fill, Construction and Alteration to Waterways Regulation). 38. Upon completion of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawings. Copies of the certification shall be circulated to the City and the NPCA. 39. The watercourse realignment be constructed in accordance with the design approved as part of Department of Fisheries and Oceans Letter of Authorization No. BU -02 -3766 dated October 27, 2003. 40. A monitoring program be prepared by a qualified professional, in accordance with section 4.0 of the DFO Letter of Authorization No. BU -02 -3766, and submitted to the NPCA for review and approval. 41. The developer agree in the executed Subdivision Agreement to: a) Implement the conditions, requirements and recommendations contained in the Federal Department of Fisheries and Oceans Letter of Authorization No. BU -02 -3766, dated October 27, 2003, pertaining to the watercourse realignment and associated buffer areas, setbacks and landscaping /plantings. b) Implement the monitoring plan described in Condition #40. c) Revegetate all disturbed areas within the stormwater block in Phase 1 immediately upon completion of construction works. d) The erosion control, grading, and servicing plan requirements in Conditions #34 and #35 be incorporated into the Subdivision Agreement. 42. The developer engage a consultant to undertake an analysis of noise and vibration in order to recommend abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National Railway. Upon review and approval of the noise and vibration reports, all recommendations provided should be included in the Subdivision Agreement. March 31, 2008 11 PD- 2008 -27 43. The developer agree in the Subdivision Agreement, in wording satisfactory to Canadian National Railway, to the following: a) Construct and maintain an earthen berm a minimum of 2.5 metres above grade at the property line, having side slopes not steeper than 2.5 to 1, adjoining and parallel to the railway right -of -way with returns at the ends. b) Construct and maintain an acoustic barrier along the top of the berm of a minimum combined height of 6.0 metres above top -of -rail. The acoustic fence to be constructed without openings and of a durable material weighing not less than 20 kg per square metre of surface area. The Railway may consider other measures, subject to the review of the noise report. c) Install and maintain a chain link fence of a minimum 1.83 metre height along the mutual property line. The Railway has experienced trespass problems with parks and open space located adjacent to the railway right -of -way and therefore, controlled access and increased safety /security measures must be provided. d) Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. 44. The following warning clause shall be included in the Subdivision Agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit. Provisions must be included in the Subdivision Agreement to ensure that the warning clause survives the release of the developer's obligations under the Subdivision Agreement and remain on title. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right -of -way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right -of -way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN will not be responsible for any complaints or claims arising from use of such facilities and /or operations on, over or under the aforesaid right -of- way." 45. The developer shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the safety berm, noise attenuation and security fencing and vibration isolation measures implemented are not to be tampered with or altered and further that the developer shall have sole responsibility for and shall maintain these measures to the satisfaction of CN. March 31, 2008 12 PD- 2008 -27 46. The developer enter into an Agreement with CN, stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement. 47. The developer shall grant CN an environmental easement for operational noise and vibration emissions, registered on title against the subject land in favour of CN. 48. The developer submit to the Ministry of Transportation for review and approval, a copy of a Stormwater Management Report, complete with a Site Grading /Services Plan, indicating the intended treatment of the calculated stormwater runoff. 49. The developer agree in the Subdivision Agreement to prepare a noise study, a vibration study and detailed design plans in support of the plan of subdivision. The noise study shall be a study of all relevant noise sources, including but not limited to truck and rail car unloading operations, prepared by a qualified noise consultant that makes specific recommendations for any required noise mitigation features to be incorporated into the design of the development, so that such development shall be in compliance with applicable Ministry of Environment guidelines and regulations and relevant sections of the City of Niagara Falls Noise Control By -law No. 2004- 105, or its successors. The vibration study shall be a study of vibration from transportation /conveyance sources, prepared by a qualified noise and vibration consultant that makes specific recommendations for mitigation features to be incorporated into the design of the development taking into account commonly used criteria in Ontario for assessing vibration in building(s). 50. The developer agree in the Subdivision Agreement that the noise study and vibration study shall be submitted by the developer to the Region of Niagara and the City of Niagara Falls and the Region shall provide a copy of each to Tate Lyle Canada Ltd. (Redpath). The noise study and vibration study shall be peer reviewed by the Region at the expense of the developer. Redpath refers to the lands and premises known municipally as 5855 Garner Road, in the City of Niagara Falls, leased and operated by Tate Lyle Canada Ltd., its successors or assigns. 51. The developer agree in the Subdivision Agreement to the inclusion of a provision requiring the developer to undertake any required mitigation, attenuation or equivalent measures identified in the noise study and the vibration study, to the satisfaction of the Region and the City. 52. The developer agree in the Subdivision Agreement to the inclusion of a provision requiring the developer not to request the City to grant final subdivision approval until Redpath has been given at least 30 days to review the noise study and/or vibration study in order for Redpath to provide a response to the City. 53. The developer agrees in the Subdivision Agreement to the inclusion of: (a) a provision that prior to the issuance of the first building permit in the subdivision, March 31, 2008 (I 13 PD- 2008 -27 the noise study /vibration study recommended mitigation measures for the subdivision have been implemented and are providing the anticipated mitigation; (ii) any off -site mitigation recommended by the noise study /vibration study has been installed and is providing the anticipated mitigation; and (iii) such development complies with all relevant Ministry of Environment guidelines and regulations and relevant sections of the City of Niagara Falls Noise Control By -law No. 2004 -105, or its successors. (The City shall provide such Confirmation to Redpath). (b) a provision that, prior to the issuance of a building permit for any building in the subdivision for which the noise study /vibration study recommends architectural control measures, such measures shall be incorporated in the builder's plans for such building. 54. The developer shall agree in the Subdivision Agreement to the inclusion of a provision that it will not require the issuance of a Building Permit from the City during a 30 day period following the date of delivery of the Confirmation in order to allow Redpath time to review the plans and the Confirmation provided to it by the developer and to provide written comments, if any, to the City and the developer. 55. The developer agree in the Subdivision Agreement to the inclusion of a provision requiring that any alternative mitigation requirements suggested by Redpath, will be considered by the developer pursuant to final plan of subdivision approval and /or Building Permit issuance. 56. The following warning clause (Warning Clause) shall be included in the Subdivision Agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit. Provisions must be included in the Subdivision Agreement to ensure that the Warning Clause survives the release of the developer's obligation under the Subdivision Agreement and remain on title. Warning: This site is in proximity to the Redpath Sugars Ltd. facility located at 5855 Garner Road, Niagara Falls (the Redpath facility) which may operated twenty -four (24) hours a day, six (6) days a week, approximately fifty -two (52) weeks per year. While the Redpath Facility operates up to six (6) days a week, operations at the Redpath facility are not regular and the non operational day may occur on any day of the week. Various processes, shipping and receiving involving trucks, and potentially also rail operations may either operate continuously or at any time of day or night. Activities may include: loading, unloading and repair of large tractor trailers or bulk bin trucks; loading, unloading, movement and coupling of railway cars; construction, repair and maintenance; and operation of various sugar blending processes. There may be alterations and /or expansions to the Redpath facility in the future. Notwithstanding the inclusion of certain mitigation features within this development to lessen potential noise and vibration impact from the Redpath facility, from time to time noise from the March 31, 2008 14 PD- 2008 -27 Redpath facility is likely to be audible and vibration may be perceptible and may occasionally interfere with some activities of the residents. Redpath Sugars Ltd. advises that it will not be responsible for any complaints or claims arising from any of the activities at or relating to the Redpath facility or operations thereon 57. The developer agree in the Subdivision Agreement to a provision requiring a large area plan to be prominently displayed in the sales pavilion(s) /office(s) for the subdivision, clearly identifying the Redpath facility and displaying the Warning Clause. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 13 Canada Post for Conditions 14 and 15 Regional Niagara Public Works Department for Conditions 24, 25, 26 and 27 Regional Niagara Planning and Development Department for Conditions 28, 29, 30, 31, 32 and 33 Niagara Peninsula Conservation Authority for Conditions 34, 35, 36, 37, 38, 39, 40 and 41 Canadian National Railway for Conditions 42, 43, 44, 45, 46 and 47 Ministry of Transportation for Condition 48 SCHEDULE 1 Proposed Plan of Subdivision Zoning By -Law Amendment Application Fernwood Phase 2 26T -11- 2006 -03 (Revised) AM- 45/2006 FERNWOOD PHASE 1 DRAFT PLAN OF SUBDIVISION Subject Land K: \GLS_Requests\ 2 006\ Schedules\ Subdivisions\ Femwopd \SUbdivision_mapping.map Location Map W E Scale 1:NTS February 2008 SCHEDULE 2 NIAGARA PENINSULA CONSERVATION 250 Thorold Road West, 3rd Floor Tel (905) 788.3135 Welland, Ontario L3C 3W2 Fax (905)788-2121 E-mail: npca @conservatl orvniagara.on.ca December 19, 2007 File MPR 4.18.25 Mr. Rick Wilson Planner City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: RECEIVED DEC 2 1 200? PLANNING DEVELOPMENT Based on our review, the NPCA offers the following comments: General Subject: Clearance of Draft Plan Conditions Fernwood Phase 1 (26T 2004 03 Revised) Application for Draft Plan of Subdivision Fernwood Phase 2 (26T 11 The NPCA had last provided comment on the above noted applications via letter dated May 17, 2007. There were several outstanding issues identified generally related to storm water management and the provision of additional detail by the applicant's consultant. This information was required both in terms of draft plan condition clearance for phase 1 (requested by the developer) and draft plan comment for phase 2 (requested by the municipality), Since that time, the NPCA has received additional (and revised) information submitted for our review and approval. The following comments are offered in this respect. Storm water Design: These comments pertain to our review of the `Fernwood Subdivision Stormwater Management Report Addendum' (dated August 2007) by R.A. Harrington and Associates Limited and the following drawings by The V &S Engineering Group: 'Storm Drainage Areas' (revised 2007- 08 -21), 'Pond Detail' (revised 2007- 07-30), and the 'Master Grade Control' drawings (dated May 2007) as submitted in support of the above noted development. 1) The NPCA notes that no detailed storm servicing plans have been provided for the site. As such, the NPCA cannot confirm how stormwater runoff from the individual storm drainage areas are to be directed into their designated stormwater management facilities. The NPCA will require that detailed storm servicing drawings be submitted to this office for review and approval as required in draft plan conditions 22 and 23. The NPCA will require that the grading plans include the existing and proposed grades in the vicinity of the proposed stormwater management facilities, the proposed trail system, the earth berm, and the relocated watercourse. We would suggest that the applicants environmental Stormwater Quality Control 2 consultant (L. Campbell Associates) be contacted to ensure a coordinated effort respecting grading design in and around the relocated watercourse and the recreational trail system. 3) The NPCA will require that the proposed major overland flow route discharging into the Beaverdams Creek south tributary be indicated on the drawings. 4) The NPCA will require that stormwater quality controls be implemented to treat stormwater runoff to a Normal standard prior to discharge into the Beaverdams Creek south tributary. a) The NPCA notes that the design of the proposed stormwater management facilities are that of a constructed wetland as opposed to a wet pond or hybrid system (a hybrid system is typically comprised of a 1 -2m deep permanent pool discharging into a shallow wetland). The NPCA has no objection to the installation of a series of constructed wetlands in order to provide stormwater quality control. The NPCA is also satisfied that the wetland permanent pools are sufficiently sized in order to provide the required standard of stormwater quality control. However; The NPCA will require that a detailed wetland planting plan be indicated on the drawings. ii. The NPCA will require that a hickenbottom detail be indicated on the drawings. The NPCA will require that the stage- storage- discharge characteristics be provided for each stormwater management facility in order to confirm the water level elevations in the facilities during the 25mm and 5 year design storm events. b) The NPCA has no objection to the installation of an oil /grit separator upstream of each proposed constructed wetland in order to take the place of a sediment forebay. As opposed to the proposed impromptu Grit Settling Chamber however, the NPCA will require that the oil /grit separator be from an approved manufacturer and shall be adequately sized in order to provide for a Basic standard of stormwater quality control. c) The NPCA notes that constructed wetlands generally require a minimum of 5.0 hectares of contributing catchment area in order to provide enough runoff to sustain the permanent pool and, more importantly, the dependant wetland vegetation. The NPCA further notes Pond 2 contains a contributing catchment area of only 1.5 hectares. The stormwater management plan shall be revised in order to meet minimum MOE design criteria with respect to Pond 2. This issue was raised in our May 17, 2007 comments. Stormwater Quantity Control 5) The NPCA will require that post development peak flows be attenuated to pre development conditions for up to and including the 100 year return period design storm event. As such: a) The NPCA will require detailed stage- storage- discharge calculations be provided in order to confirm the water level elevations in the Beaverdams Creek south tributary during all major design storm events. This request was previously made in our May 17, 2007 comments (item 2(a) pg. 2). b) Provide a detail on the drawings of the V -notch weir proposed to be installed across Beaverdams Creek. J 6) The NPCA will require that stormwater runoff from the 25mm design storm event be captured and detained for a period of no less than 24 hours in order to mitigate the impacts of erosion of the downstream watercourse. a) Provide detailed draw down calculations for each pond in order to confirm that this criteria is met. This request was previously made in our May 17, 2007 comments (item 3(a) pg. 2). Landscape Plan/Watercourse Relocation: In general, the NPCA has no objection to the proposed landscape plan. We wish to note that the watercourse on the subject lands has been identified as Type 2 fish habitat, which typically requires a 15 meter wide vegetated buffer adjacent to the watercourse. The landscape plan indicates that a walking trail is to be constructed within 2 meters of the relocated watercourse. The landscape plan also indicates that the watercourse is proposed to be relocated to within 3 meters of the sound berm. NPCA staff have discussed some potential mitigation measures and additional design detail with the developer's environmental consultant (L. Campbell). These will be addressed in greater detail through the NPCA permitting process which is currently underway. Phase 2 Draft Plan Application: In terms of review and approval, the NPCA's comments have treated the SWM Block 77 (SWM, relocated watercourse, noise berm, recreational path) as one contiguous feature, independent of phasing. Notwithstanding, for phase 2 draft plan approval purposes we would ask that the original phase ldraft plan conditions 21 to 29 inclusive be included in any phase 2 approval. This will ensure consistency between the two phases with respect to Block 77. In summary, there remain a number of technical issues to be addressed with respect to the SWM design. Some of these issues we had raised in our May 17, 2007 comments. Other issues are related to new design modifications which have been introduced since our last review. In addition, we are aware that final review of the Noise Attenuation study has not been completed. There are some recommendations contained in the study that may impact the south limit (Garner Road) of Block 77 with respect to the storm pond and recreational trail. All affected plans and drawings should be amended to reflect any of these impacts, and forwarded to the appropriate agencies. I In light of the above, the NPCA cannot clear any draft plan conditions at this time, save for condition no. 24 related to zoning. [You have confirmed that Block 77 has been placed in a "Hazard" category]. Yours tru y, Paul Bond Senior Watershed Planner (ext. 234) PEB cc: Regional Niagara Planning and Development Dept. L. Campbell Associates, 360 Park Road North, Grimsby L3M 2P6 Eric Henry, Fruitbelt Development, RR #2, 1701 Thorold Townline Road, Niagara Falls, ON L2E 6S5 R. Brady, UEM 4701 St, Clair Ave., Suite 301, Niagara Falls, ON L2E 3S9 PLANNING AND DEVELOPMENT February 4, 2008 Mr. Richard Wilson, Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: RECEIVED FEB 6 2008 PLANNING DEVELOPMENT Re: Applications for a Draft Plan of Subdivision and Zoning By -law Amendment Fernwood Phase 2 File: 26T-11-2006-03 800460 Ontario Ltd. City of Niaaara Falis The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E -mail: plan ©regional.niagara.on.ca File: D.11.M.11.24 l2s v eit The above referenced applications propose the development of 13.66 hectares (33.757 acres) of land for a total of 230 residential dwelling units consisting of 112 single detached lots, one block for 36 semi- detached or street townhouse units, one block for 39 condominium townhouse units and one block for 43 apartment units. The following Provincial and Regional comments are provided for your consideration. Regional Planning Comments This subdivision plan represents the second phase of development for a total of approximately 100 acres of and owned by the applicants. The Ontario Municipal Board (OMB) previously provided a decision on earlier applications to amend the Niagara Falls Official Plan (Amendment 51) and Zoning By -law (2004 -157) and a draft plan of subdivision (Fernwood Plan "C" Modified) which represents the first phase of the residential development. The draft plan recently submitted (dated December 19, 2006) is titled "Fernwood Phase 2 3." It is our understanding that Phase 3 refers to the lands within and beyond the designated corridor for Highway 420 corridor that is not part of the current proposal. In this regard the plan should be revised to reflect that this is "Femwood Phase 2" with acknowledgement of "future development' on adjacent lands to the north and Fernwood Phase 1" on lands to the east and south. It should also be pointed out that the plan does not provide certain information required under Section 51 (17) of the Planning Act such as contours /elevations or details on natural or artificial features (e.g. railways, highways, drainage ditches, watercourses). The City should ensure that this information is included on the final plan of subdivision. This development is located on the edge of the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. A variety of land uses and densities are permitted in the Urban Area where full municipal services can be provided. Amendment No. 51 to the Niagara Falls Official Plan, approved by the OMB, contains a policy stating that the overall development will contain an integrated housing mix of housing types throughout the site with a minimum density of 6 units per acre. While the density shown on the plan is exactly 6 units per hectare, this may not be possible if the Ministry-o nspot atio •O ••t Building Community. Building Lives. 420 corridor. The City should determine whether there is a need to revise the plan to meet the minimum density requirement and that the location of medium density housing blocks is appropriate to achieve the objectives of the Official Plan, as amended. In accordance with the Region's policy, the assignment of servicing allocation to a subdivision is not given until final approval of the plan is being considered. Two standard conditions of draft approval are included in Appendix 1 to address this matter. Regional Public Works The Regional Public Works Department is not opposed to the plan of subdivision subject to several conditions of draft plan approval. Servicing drawings will be required to be submitted to the Regional Public Works Department for review in conjunction with Certificates of Approval required from the Ministry of the Environment. The design of the road system must consider curbside collection of waste by ensuring that waste collection vehicles can safely access the subdivision without the need to back -up. The inclusion of temporary turning circles, in compliance with the Region's waste collection policy, may be necessary in the event that this subdivision is developed in stages. The need for a Traffic Impact Study was identified as a condition of draft approval for the first phase of this development; therefore, this is not a requirement for Fernwood Phase 2. The design for an emergency access is also a condition for the first phase which will be reviewed by Regional Public Works staff. The Fernwood Phase 2 subdivision should provide a 0.3 metre (foot) lot reserve across the southerly lot limit of Block 132 to preclude access to Regional Road 20 (Lundy's Lane) except for the space necessary to facilitate an emergency access to be approved to the satisfaction of the Regional Public Works Department. Conditions of draft approval to address Regional Public Works requirements have been included in Appendix I. PROVINCIAL REVIEW To address Planning Act requirements, the Region and other planning authorities must be consistent with Provincial policy requirements. Regional Planning staff has reviewed this subdivision application in light of the most relevant policies from the Provincial Policy Statement 2005 and the Provincial Growth Plan while considering interests of Provincial Ministries. The following Provincial comments are provided for your consideration. Ministry of Municipal Affairs and Housing Provincial policies encourage the provision of a full range of housing types and densities in settlement areas to meet housing needs of the regional market area. The Provincial Policy Statement makes specific reference to the need for housing designed to be affordable to moderate and lower income households. Nearly 51% of the proposed development will be for semi detached, townhouse and apartment dwelling units. Also, there are a number of narrow lot frontages that may accommodate smaller single detached dwellings. This could provide the opportunity for more affordable forms of housing to be built as promoted under Provincial policies. Ministry of Environment and Energy i) Land Use Compatibility 2 iii) Stormwater Management 3 Policy 1.7.1 (e) of the Provincial Policy Statement requires that major facilities (e.g. industrial uses, transportation corridors) and sensitive residential uses be appropriately separated to prevent adverse effects and to ensure long term economic prosperity in the community. This is also important to meet objectives of the Growth Plan related to the protection and preservation of employment lands. Ministry of the Environment (MOE) guidelines for land use compatibility recommend separation distances and other control measures to minimize or prevent potential adverse effects. A Preliminary Environmental Noise and Vibration Report, prepared by Jade Acoustics and dated December 12, 2007, has been submitted for the Fernwood Phase 2 subdivision development to address potential impacts from transportation sources (i.e. C.N. railway line, Lundy's Lane /Regional Road 20, future Hwy. 420 extension) and stationary noise sources (i.e. Redpath industrial operation). A noise barrier will be completed on an adjacent block of land (Block 77) as part of the first phase of development. This will provide adequate attenuation from railway noise. Vibration from the railway line does not have to be assessed for adjacent single detached residential dwellings since they will be located beyond the 75 metre setback requirement from the CN property line. The exception in the future may be an apartment building on Block 132. Although there is ample space to locate this building outside of the 75 metre setback, the City should include a provision in the amending Zoning By -law for Block 132 advising that any building(s) closer than 75 metres to the CN right -of -way will require a vibration analysis. The Redpath industrial operation is located nearly 200 metres to the east which exceeds the 70 metre guideline of the Ministry of the Environment for separating Class II industrial facilities from sensitive residential uses. Any mitigation measures required for this industrial facility will be implemented as part of the first phase of development. If the Highway 406 extension is constructed, it will have an impact on development at the north end of the subdivision that will require the construction of an acoustical fence between 3 to 4.5 metres in height. Since the Ministry of Transportation (MTO) has not made a commitment to build this highway in the near future, the developer's consultant has suggested that a letter of credit be secured by the City for this purpose. This can be considered when a detailed noise study is submitted as a condition of final approval for the subdivision plan. The City should confirm whether the MTO requires a 14 metre setback from the designated Highway 420 corridor as this could affect the ability to build on Lots 1 and 112 as well as the construction of the adjacent proposed road. A condition of draft approval has been included in Appendix 1 for the submission of a detailed noise study for our review. 0) Sewage and Water Systems Full municipal sewage and water services will be provided for this development. Servicing capacity and design will be addressed as conditions of draft plan approval. Certificates of Approval will be required for servicing plans from the Ministry of the Environment. A stormwater management facility will be constructed as part of the first phase of the development (Block 77) which will handle most of the runoff from Fernwood Phase 2. In accordance with the Memorandum of Understanding for Improving the Planning Function in Niagara, the Niagara Peninsula Conservation Authority (NPCA) is responsible for providing technical clearance on matters affecting the natural environment. In this regard, the NPCA will review the detailed stormwater management plan and any related plans on our behalf. Ministry of Natural Resources Two tributaries of Beaverdams Creek traverse part of the property that were originally classified as Important (Type 2) fish habitat. Through a previous Environmental Impact Study prepared for the overall development and approvals by the Department of Fisheries and Oceans, in consultation with Ministry of Natural Resources and NPCA staff, only the southerly tributary has been determined to be in need of protection. This will be accommodated through the relocation of the watercourse in the adjacent block (Block 77) and integrated with stormwater management facilities to be completed as part of the first phase of development. Therefore, no further environmental investigation is necessary. Ministry of Culture The site exhibits a low potential for the discovery of cultural heritage resources based on criteria of the Ministry of Culture related to physical site conditions and the lack of registered sites existing in the vicinity. Therefore, an archaeological assessment of this property is not required. Ministry of Agriculture, Food and Rural Affairs The property is situated on the border of the Urban Area and is adjacent to a prime agricultural area as set out in the Provincial Policy Statement and designated as a Good General Agricultural Area in the Regional Policy Plan. An agricultural waming clause should be included in the subdivision agreement to advise future residents of potential impacts from agricultural activities such as noise, dust or odours. Conclusion From a Provincial and Regional planning perspective, Regional Planning staff has no objection to the applications for the Fernwood Phase 2 plan of subdivision and Zoning By -law amendment subject to the conditions of draft plan approval as set out in the attached Appendix I. This support is predicated on the confirmation by the City that it is satisfied that the minimum density required in accordance with Official Plan Amendment 51 can be achieved and that the location of medium density blocks achieves an appropriate integrated housing mix throughout the site. If you have any questions concerning these comments or questions, do not hesitate to contact me for assistance. Please send notice of the City's decision regarding this application. Your, Peter Colosimo, MCIP, RPP Senior Planner 4 Attachments: Appendix 1 (Conditions of Draft Approval) c: A. Herlovitch, City of Niagara Falls R. Brady, Urban Environmental Management Inc. B. Ryter, Ministry of the Environment, Hamilton J. Durst, Ministry of Natural Resources P.Bond, Niagara Peninsula Conservation Authority W. Stevens, Regional Public Works Councillor W. Smeaton M:VdSWORD \PC \Niagara Falls\ NFsubd \FernwoodPhase2commnets.doc Conditions of Draft Approval Fernwood Phase 2 City of Niagara Falls 6 APPENDIX I File: 26T 11 2006 -03 1. That the owner acknowledges promptly that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of finial approval of the subdivision for registration purposes. 2. That immediately following notice of draft plan approval, the owner shall provide the Regional Niagara Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owner and the City of Niagara Falls. 3. That the design drawings for the water, sanitary sewer and stormwater drainage systems required to service this development be submitted to the Regional Public Works Department for review and approval. (Note: Any stormwater management scheme that may be proposed for this development would require the direct approval of the Ministry of Environment, Toronto). 4. That prior to final approval for registration of this plan, the owner shall obtain Ministry of the Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing (watermains, sanitary sewers and storm drainage system) for this development. Note: Any new storm sewer outlet to a creek or storm water management scheme designed for quantity control/quality improvement will require direct approval from the Ministry of the Environment (Toronto Office). 5. That the owner deed a 0.3 metre (1 foot) lot reserve parallel to the southerly limit of Block 132, along Regional Road 20 (Lundys Lane), except for the space required to facilitate an emergency access, to the Regional Municipality of Niagara free and clear of any mortgages, liens and encumbrances to preclude access in perpetuity along Regional Road 20. 6. That the design of the road system be reviewed by the Regional Public Works Department to confirm that curbside waste collection can be safely accommodated. 7. That prior to approval of the final plan or any on -site grading, the owner submit to the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual March 2003 and Stormwater Quality Guidelines for New Development May 1991: 7 a) Detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and, b) Detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Planning and Development Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional Planning staff. 8. That the subdivision agreement between the owner and the City of Niagara Falls contain provisions whereby the owner agrees to implement the approved stormwater management plan required in accordance with Condition 7 above. 9. That a detailed noise impact assessment prepared and endorsed by a qualified acoustical consultant be submitted to the Regional Planning and Development Department for review and approval assessing the impact of noise on the subdivision and recommending appropriate measures to reduce noise levels within the development in accordance with the Ministry of the Environment's noise criteria. The subdivision agreement between the owner and the City of Niagara Falls shall contain provisions whereby the owner agrees to implement the approved noise control measures. 10. That the subdivision agreement between the owner and the City of Niagara Falls and all offers and agreements of purchase and sale contain the following warning clause: The lands in the plan of subdivision may be exposed to noise, odour and dust from nearby agricultural operations that may occasionally interfere with some activities of the owners who may occupy these lands Clearance of Conditions Prior to granting final plan approval, the City of Niagara Falls must be in receipt of written confirmation from the following agencies that their respective requirements have been met satisfactorily: Regional Niagara Planning for Conditions 1, 2, 7, 8, 9 and 10. Regional Niagara Public Works for Conditions 3, 4, 5 and 6 (through Regional Planning) Subdivision Agreement Prior to registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Regional Planning and Development Department for verification that appropriate clauses pertaining to the above conditions of approval have been included. March 31, 2008 PD- 2008 -25 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -25 AM- 2008 -002, Zoning By -law Amendment Application 4680 Dorchester Road Applicants: Kemal Ekmekci and Halim Daglar Proposed Semi- Detached Dwelling RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit the construction of a semi detached dwelling on the land, subject to the provision of a minimum front yard depth of 9 metres (30 feet). BACKGROUND: Circulation Comments Regional Municipality of Niagara Niagaraj7alls CANADA Kemal Ekmekci and Halim Daglar have requested an amendment to Zoning By -law No. 79- 200 for a 723 square metre (7780 square foot) parcel of land known as 4680 Dorchester Road, as shown on Schedule 1. The applicants propose to construct a semi detached dwelling on the land, as shown on Schedule 2. The land is currently zoned Residential Single Family 1C Density (R1C). The applicants are requesting the zoning of the land be changed to Residential Single Family and Two Family (R2) which would permit the proposed semi detached dwelling. Site Conditions and Surrounding Land Uses A single detached dwelling located on the land was demolished in 2007. The land remains vacant. The land is surrounded primarily by single detached dwellings, with the exception of a semi detached dwelling to the northwest (across Dorchester Road) and a shopping centre to the south. No concerns. T..htproposal conforms to the affordable housing objectives of the Provin, ergiablicy Statement, Provincial Growth Plan and the Regional Policy O Queetb∎5treet PO IBox9023 Niagara Falls ON'Canada L2E 6X5 905 356- 7521'www.magarafalls ca Working Together to Serve Our Community Community Services Department Planning Development March 31, 2008 2 PD- 2008 -25 Municipal Works No objection to the rezoning. The new dwelling unit will require an additional set of municipal servicing laterals. At the building permit stage grading of the property to be coordinated with the grades of adjacent properties to ensure no adverse impacts. Transportation Services A 7 metre by 7 metre (23 foot by 23 foot) daylight triangle, at the southwest corner of the property, will be required to be dedicated to the City as a condition of any future severance application. No road widenings are required. Building and By -law Services All required Building Permits to be obtained prior to commencement of construction. City and Regional Development charges are applicable. Legal Services, Parks, Recreation and Culture No objections. Planning Analysis 1. The requested amendment conforms to the Official Plan. The land is designated Residential by the Official Plan. Single detached, semi- detached and triplex dwellings are the predominant land use in Residential areas. Higher intensity developments may be permitted where the land is adjacent to commercial areas. Infill residential development is to be designed to achieve compatibility with the surrounding area in terms of density, building mass, setbacks and appearance. The subject land is located at the edge of a residential area, adjacent to a major commercial area. The proposed semi detached dwelling represents the form and intensity of development expected in low density residential areas and would provide a transitional use between the lower intensity single detached dwellings to the north and the plaza to the south. The proposed semi detached dwelling is similar in appearance and massing compared to surrounding dwellings which are a mix of one and two storey single detached dwellings and a semi detached dwelling. In general, the building envelope and setbacks of the proposed dwelling are similar to that of adjacent dwellings. However, as dwellings abutting to the north have front yard setbacks of 9 to 10 metres (30 to 33 feet), it is recommended the front yard setback of the dwelling be increased from the standard 7 metres (23 feet) to 9 metres (30 feet) to preserve the existing streetscape. March 31, 2008 3 PD- 2008 -25 2. Provided a larger front yard setback is implemented, the requested zoning is appropriate. The R2 zone provides for building setbacks, lot coverage and building height standards that are similar to the R1 C zone that currently apply to the subject land and to the surrounding residential properties. The applicant is proposing to construct the dwelling in accordance with these standards. The applicants intend to provide a 7 metre (23 foot) front yard setback to accommodate attached garages (the balance of the front wall of the dwelling is set back 10 metres or 33 feet). While the proposed setback would conform to both the R1 C and R2 zones, Planning staff note that a consistent front yard setback of 9 to 10 metres (30 to 33 feet) has been provided by the dwellings that front onto Dorchester Road, north of the subject land. Planning staff recommend a site specific provision requiring a front yard setback of 9 metres (30 feet) be implemented in the amending by -law to preserve the existing streetscape. There is sufficient room to push the dwelling back further on the property and meet minimum rear yard setbacks. The other zoning provisions contained in the R2 zone will ensure compatibility with the surrounding residences. CONCLUSION: The requested Zoning By -law amendment to develop a semi detached dwelling on the land can be supported for the following reasons: It conforms to the Official Plan with respect to development in residential areas, maintains the character of the surrounding residential area and provides an appropriate transition to the adjacent commercial area. Provided a 9 metre (30 foot) front yard setback is provided, the proposed dwelling will be compatible with adjacent dwellings. Recommended by: Alex Herlovitch Director of Planning Development Approved by: Respectfully submitted: A.Bryce:yb Attach. S:1PDR120081PD- 2008 -25, AM- 2008 -002, 4680 Dorchester.wpd Ed Dujlovic, 'x- tive Director of Community Services At acDonald, Chief Administra$'ve Officer Subject Land A Location: 4680 Dorchester Road Applicant: Kemal Ekmekci 1:NTS AM- 02/2008 K:\GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 02\mapping.map March 2008 Halim Daglar SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 m CtJ (U I-J U 0 0 r C00`g] WJE8I CEE'S2] UD LL N E teroircinT Schedule 2 C WDS`98T2 ESE S2] WJ2LL ON w e 01 1 CO N N i() E n 1/40 Oroo av t CfL'IL7 WJS'98Ja CLE'TE] WJz'9S6 CLE'017] WDC'0E2I DORCHESTER RD z 0 H ol 0 z 0 r a W rf 0 N H N- U W X co X N G °0 U N March 13, 2008 Dear Mr. lorfida: Sincerely, Nancy Tkachuk The City of Niagara Falls, Ontario 4310 Queen St. PO Box 1023 Niagara Falls, ON L2E 6X5 Attn: Mr. Dean lorfida, City Clerk RE: Noise By -Law, Schedule 4 The Rotary Club of Niagara Falls Sunrise, Ribfest and BBQ committee respectfully ask for an extension of the Noise By -Law to 1 1 :00 pm for our Community Event being held at Optimist Park June 13, 14, and 15, 2008. Last year we implemented a site plan change for our event and it proved successful. The entertainment portion of our event will begin at 1:00 pm daily and will stop at 11:00 pm on the Friday and Saturday evenings and 7:00 pm on Sunday. The Rotary Ribfest committee is very concerned about being Good neighbours. Our event is to raise funds which go back into the Community for such projects as Project Share, Nova House, GNGH, Heart Niagara, and School Breakfast Program to name a few. We would like to come before Council to talk about our event and to answer any questions regarding our request for an extension to the Noise By -Law, Schedule 4. On behalf of the Rotary Club of Niagara Falls Sunrise Ribfest Committee 2008 Rotary Club of Niagara Falls Sunrise c/o 7404 North Dorset Place Niagara Falls ON L2J 3T4 March 13, 2008 The City of Niagara Falls, Ontario 43l 0 Queen St. PO Box 1023 Niagara Falls, ON L2E 6X5 Attn: Mr. Dean lorfida, City Clerk Dear Mr. lorfida: The Rotary Club of Niagara Falls Sunrise, Ribfest and BBQ committee respectfully ask The City of Niagara Falls to declare our 4th Annual Ribfest a Community Event to be held June 13, 14 and 15, 2008 at Optimist Park. Letters have been sent to the Fire Department, Health Department, and Police Department. There will be no change to our site plan from last year other than to add one more shelter and more tables. The Rotary Ribfest committee is looking forward to a successful event that provides fun and entertainment for all. Our event is to raise funds which do go back into the Community for such projects as Project Share, Nova House, GNGH, Heart Niagara, and School Breakfast Program to name a few. If more information is required, please do not hesitate to contact me at (905) 371 -9229, or email nancyt @vaxxine.com Sincerely, Nancy Tkachuk On behalf of the Rotary Club of Niagara Falls Sunrise Ribfest Committee 2008 Rotary Club of Niagara Falls Sunrise Ribfest and BBQ c/o 7404 North Dorset Place Niagara Falls ON L2J 3T4 Corporate Services Department Clerk's Division Inter Department Memorandum TO: Mayor Ted Salci DATE: March 31, 2008 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Special Occasion Permit The "Niagara Falls Sunrise Rotary" is holding its fourth annual Ribfest. To obtain the appropriate Special Occasion Liquor Permit from the Alcohol Gaming Commission (AGCO), the event must designated as a comrnunity festival (see below). An appropriate resolution is included for Council's consideration. Community Festival (Sale) The event must be designated as a Community Festival by a resolution of the municipal council or a delegated municipal official and are to be conducted by a charity, non -profit corporation, organization or association for the advancement of charitable, educational, religious or community objects. The permit must include a letter from the municipal council, the municipal clerk or delegated official designating the event as a Community Festival (applicants for Community Festivals are the same as for Fundraising events). Niagarar'alls Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development No. Moved by Seconded by The City of Niagara Falls, Ontario Resolution WHEREAS the Rotary Club of Niagara Falls Sunrise is planning their fourth annual "Ribfest" from June 13 15` 2008 at the Optimist Club; and WHEREAS the Rotary Club of Niagara Falls Sunrise financially supports numerous community organizations and projects; and WHEREAS this event is expected to attract between 40,000 to 75,000 persons from throughout Ontario and Western New York; and WHEREAS this event will assist the Rotary Club in reaching their financial objectives for giving funds to the community and for international projects. THEREFORE BE IT RESOLVED that the Rotary Club of Niagara Falls Sunrise Ribfest is a community event deserving of City Council support. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR Corporate Services Department Clerk's Division Inter Department Memorandum TO: Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Niagara DATE: March 31, 2008 The City's Noise By -law contains various Time Activity Prohibitions, The playing of music and the use of electronic devices incorporating amplification are restricted from between 9:00 p.m. and 9:00 a.m. The Rotary Club of Niagara Falls Sunrise is having their 4th Annual Ribfest at the Optimist Club on the weekend of June 13 -15. The organizers would like to have live entertainment in association with their event. They would like the live entertaimnent to play until 11 :00 p.m. The City's Noise By -law allows for exemptions to be sought. The Niagara Falls Sunrise are seeking such an exemption to allow their event to have live music for an extra two hours. As Council is aware there were many noise complaints from the 2006 Ribfest. The organizers were very sensitive to this and undertook a series of measures last year to rectify the issues, including facing the stage away from the residences and directed toward the Adams Power Centre, which proved to less obtrusive. In addition, By -law Enforcement staff were on site during the weekend. Staff is unaware of any noise complaints from last year. RECOMMENDATION: That Council approve the request of the Rotary Club of Niagara Falls Sunrise to allow an exemption to the Noise By -law to allow live entertainment until 11:00 p.m. on June 13 and 14 2008. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Mayor Salci Councillors Niagara Falls City Hall Queen Street. We are grateful for your support. _Niagara ammunity 6utreacA (Out of the Cold Community Kitchen) 4865 St. Lawrence Ave., Niagara Falls, On., L2E 3Y1 Wednesday, Feb. 27, 2008 RE: REQUEST TO WAIVE FEES RELATED TO ZONING BYLAW CHANGE. Dear Mayor Salci Councillors; Out of the Cold urgently needs to relocate. In order to secure the future of this needed program and also the Community Kitchen both of these organizations have mutually agreed to amalgamate and operate under the name of Niagara Community Outreach. The combined organization wishes to operate out of the church facilities at the Community of Christ, 4865 St. Lawrence Ave. where the Community Kitchen is currently located. The existing zoning by -law will need to be amended in order to allow this to happen. An application to add "emergency shelter" to the wording of the zoning will be submitted soon. Since these programs serve the needy in our community, are charitable in nature, and depend totally on the donations and support of the residence of Niagara Falls we respectfully request that any rezoning fees be waived. If you have any question or concems please do not hesitate to call any of the people listed below. Thank you for your time and consideration. Best Regards us a 7t Verna L Craig Shirley Stoner of the Cold Community Kitchen Community of Christ xecutive director executive director pastor 905- 358 -7728 905- 397 -0505 905- 358 -0331 February 8, 2008 Mayor Ted Salci City of Niagara P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Honorable Mayor Ted Salci, (gal Fin $9 O N T A R I O The Green Ribbon of Hope Campaign is aimed at bringing awareness to the community regarding the issue of missing children and how one can safeguard their child from predators, on -line or in the streets, which seek to harm their love ones. In the year 2006, 60,461 cases of missing children were reported to the RCMP National Missing Children Services, of which 20,874 were recorded here in the Province of Ontario alone. This year marks the Child Find Ontario's 17 Annual Green Ribbon of HopeTM Campaign during the month of May. We are seeking the support of you and your council members to assist us in bringing this message to your constituency and supporting our Annual Green Ribbon of Hope Campain during the month of May, including National Missing Children's Day on May 25 2007. The concept of the Green Ribbon of Hope Campaign was developed by the students of Holy Cross Secondary School in St. Catharines and is a result of the abduction and subsequent murder of 1 5-year-old Kristen French on April 16, 1992. The Green Ribbon is now a symbol of recognition for the many children who go missing every year. The colour green embodies a sign of hope for those children who have gone missing. Child Find Ontario Inc. is a registered non profit, charitable children's organization whose mandate is to assist searching parents and law enforcement agencies in the search for missing children and teenagers and to educate children and adults about safe guarding their children from the unthinkable. Since 1984, we have been working for the safe return of missing children and educating families and communities about child safety. Child Find Ontario Community Link volunteers continue to reach the children and families in your community and supply them with our educational programs and services, enlightening them with all important safety rules. In honor of all searching parents we would ask that your leadership play a key role in promoting the safe return of all missing children by granting this issue the support of your office and elected colleagues during our Annual Green Ribbon of Hope Campaign. Enclosed are sample proclamations for the Green Ribbon of Hope Campaign and Provincial Head Office 440A Britannia Rd. E. Mississauga, Ontario Canada L4Z 1X9 Tel: 905 -712 -3463 Fax: 905- 712 -3462 Toll Free: 1- 800 KID -TIPS (543 -8477) National Toll Free: 1- 800 -387 -7962 E-mail: mail //ehildfindontario.ca www.ontario.childfind.ca 0 N T A R 10 National Missing Children's Day on the 25 of May, for which we encourage you to recognize and lend your support. We would also be pleased to provide you free of charge Green Ribbons to wear and fliers to post during the month of May in support of the safe return of all missing children. Just complete the attached order form and fax it back to me at (905) 712 -3462. On behalf of the families whose children are missing, Child Find Ontario would appreciate the support of your office during the month of May to help bring the message of missing children to the forefront. For further information on Child Find Ontario or the Green Ribbon of Hope Campaign, please visit our website at www.ontario.childfind.ca or contact us at I- 866- KID -TIPS (543 -8477) or email me at john @childfindontario.ca. Our Provincial Office mailing address is 440A Britannia Road East, Mississauga, Ontario, L4Z 1X9 h Durant ociate Executive Director elk Provincial Head Office 440A Britannia Rd. E. Mississauga, Ontario Canada L4Z IX9 Tel: 905 -712 -3463 Fax: 905-712-3462 Toll Free: 1-800-KID-TIPS (543 -8477) National Toll Free: 1 -800- 387 -7962 E -mail: mailri@childfindontario.ca www.ontario.childfind.ca CI TY /MUNICIPALITY /TOWNSHIP CONTACT PERSON /TITLE: SHIPPING ADDRESS: 4/e tr-mi O N T A R I O May 2008 17 Annual Green Ribbon of HopeTM Campaign Order Form: Package Request Bags of 100 Pre -cut pinned Green Ribbon —No Charge Rolls of 100 Green Ribbon Stickers (Available in French and English) Charge No Charge Collection Boxes (Complete with tray to hold Stickers or Ribbons) Green Ribbon Posters 13" x 22" (Available in French and English) Green Ribbon Fliers 814" x 11" (Available in French and En fish) Green Ribbon "Spirit of Hope" Wrist Band No Charge No Charge $2.00 each YES We would like to raise funds to he reduce the incidence of missin. children PLEASE PRINT CLEARLY POSTAL CODE: PHONE FAX EMAIL ADDRESS: To receive your order before May, please reply by fax before April 1 Please fax this sheet to 905 -712 -3462 or email me at john @childfindoutarin ra please feel free to contact as at 905 712 -FIHO (34631 or 1- 800 543- 84 any questions Child Find Ontario, 44011 Britannia Rd. E., Mississauga, ON, L4211(9 ON TA R I O Proclamation National Missing Children's Day May 25 2008 WHEREAS over 60,000 children were reported missing last year in Canada and thousands more are the victims of exploitation; and WHEREAS children and families in Ontario are victims of this tragedy; and WHEREAS increased awareness of the problem is needed to help reduce the incidence of missing children and teenagers, as well as to help locate missing children; and WHEREAS this a community issue, not just a family one; and WHEREAS remember that "Some things can't be replaced and WHEREAS this month is set aside to rekindle new hope in the search for all missing children; and WHEREAS this month also supports National Missing Children's Day on May 25"'; NOW THEREFORE BE IT KNOWN THAT I, DO HEREBY PROCLAIM that May 25t 2008 is National Missing Children's Day MISSING CHILDREN'S MONTH IN [MUNICIPALITY] and join Child Lind Ontario and all law enforcement agencies in urging citizens in Ontario to remain vigilant in our common desire to protect and nurture the youth of Ontario. O N T A R I O Proclamation Green Ribbon of Hope Month WHEREAS over 60,000 children were reported missing last year in Canada and thousands more are the victims of exploitation; and WHEREAS children and families in Ontario are victims of this tragedy; and WHEREAS increased awareness of the problem is needed to help reduce the incidence of missing children and teenagers, as well as to help locate missing children; and WHEREAS this a community issue, not just a family one and WHEREAS a Missing Child is Everyone's Responsibility; and WHEREAS this month is set aside to rekindle new hope in the search for all missing children; and WHEREAS this month also supports National Missing Children's Day on May 25'; NOW THEREFORE BE IT KNOWN THAT I, do hereby proclaim the month of May 2008 as MISSING CHILDREN'S MONTH IN [MUNICIPALITY] and join Child Find Ontario and all law enforcement agencies in urging citizens in Ontario to remain vigilant in our common desire to protect and nurture the youth of Ontario. Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: West Nile Virus 2008 Larvicide Permits Niagar a Falls DATE: March 31, 2008 The Health Department of the Regional Municipality of Niagara has been proactive regarding West Nile Virus control strategies. They are requesting lower -tier municipal authorization for any permit application for West Nile virus control submitted to the Ministry of Environment. RECOMMENDATION: That Council supports local action by the Regional Niagara Public Health Department to reduce the risk of the West Nile Virus and that the Director of Municipal Works be authorized to sign the supporting letter. Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development Dean Iorfida Fwd: West Nile Virus 2008 Larvicide Permits From: To: Date: Subject: Attachments: Geoff Holman Dean Iorfida; Ed Dujlovic 3/23/2008 1:53 PM Fwd: West Nile Virus 2008 Larvicide Permits 3) Template Municipalities Larvicide authorization.doc Gentlemen, I received this letter that requires my response by April 4th. Do you think Council should be made aware of this program? Do I have authority to commit the municipality to this program? Can I get this correspondence onto the Agenda for the 31st? Thanks for your help. Geoff "Hallett, Louise" louise .hallett@regional.niagara.on.ca> 3/20/2008 3:22 PM To: Directors of Public Works or Designate Subject: West Nile Virus 2008 Larvicide Permits We are requesting a signed authorization letter, similar to the template letter attached be returned by April 4, 2008 to: Niagara Region Public Health Department Environmental Health P.O. Box 1052, Station Main Thorold, ON L2V 0A2 Page 1 of 3 Continuous efforts are being made this year to prevent the spread of West Nile Virus (WNV). In order to control mosquito larvae within your municipality this season we require authorization for the Ministry of Environment 2008 permit. file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \47E66000Domai... 3/25/2008 In the Niagara Region an Integrated Pest Management (IPM) approach is being taken to reduce the risk of human illness while minimizing the use of pesticides. The key control methods of the WNV plan include source reduction and personal protection strategies such as public education and awareness, surveillance for human illness by physicians, dead bird and mosquito surveillance and mosquito larvae control. If you would like us to make a brief presentation regarding West Nile Virus control strategies to your staff please contact our office. Information is also available on our website at www. regional .niagara.on.ca /westnile. If you have any questions or wish to discuss this further, please do not hesitate to contact me at extension 7219. Yours truly, David Young, Dip. Env. Health, C.P.H.I.(C) Manager, Environmental Health For: Robin C. Williams, M.D., D.P.H., F.R.C.P. (C) Medical Officer of Health Louise Hallett, Program Assistant, Environmental Health for David Young, Manager Niagara Region Public Health Department 2201 St. David's Road, Campbell East Thorold, ON PH: 905 -688 -8248 ext. 7767 Page 2of3 file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \47E66000Domai... 3/25/2008 SUGGESTED TEMPLATE Dr. Robin Williams, M.D., D.P.H., F.R.C.P.(C) Medical Officer of Health Regional Niagara Public Health Department P.O. Box 1052, Station Main Thorold ON L2V 0A2 Dear Dr. Williams: The (nameiof nitinicipaljiy) supports local action by the Regional Niagara Public Health Department to reduce the risk of West Nile virus. As a result, (name of municipality) authorizes any permit application for West Nile virus control submitted to the Ministry of the Environment from an appropriately licensed exterminator, to apply a larvicide into catch basins or surface water: located within and (owned /managed) by (name ofnuu_ucipality); and located on private land that drain into the storm drain system or water ways located within (name ofmuntcipality). Yours truly, Name Tide (Official representative of Municipality) .Municipality Letterhead Date How to Protect Yourself and your Family Wear shoes, socks, hats, long pants and long sleeved shirt when outdoors for an extended period of time or when mosquitoes are active. Wear light- coloured clothing. Use mosquito netting when sleeping outdoors and to protect infants when outdoors (e.g. cover strollers). Consider using personal insect repellents that are federally registered, such as those that contain DEET (N, N- diethyl- m- toluamide) to exposed skin when at risk of mosquito contact. Whenever you use a repellent, carefully read and follow the manufacturer's directions. Do not use personal insect repellents containing DEET on children under 6 months of age. Use the least concentrated product (10% DEET or less) on children aged 6 months to 2 years. One application per day applied sparingly may be considered in situations where high risk of complications from insect bites may exist. Do not apply repellent to the hands or face of the child and prolonged use should be avoided. Use the least concentrated products (10% DEET or less) on children between 2 -12 years of age and apply sparingly no more than 3 times a day. Repellents containing up to 30% DEET will provide sufficient protection for individuals 12 years of age or older. Insect repellent may reduce the effectiveness of sunscreen. When using them together, sunscreen should be applied 20 minutes before outdoor activities, followed by repellent just before going into an area with mosquitoes. For further information on safe use of insect repellents refer to Fact Sheet: Safety Tips on Using Personal Insect Repellents http /www.regional.niagara.on.ca /westnile/ What you should do around your home Ensure that door and window screens do not have holes and that they fit tightly. Eliminate standing water in items like pool covers, flower pots, children toys, old a source for mosquito breeding. Ensure pool water is circulating properly. Change water in bird baths at least twice a week. Clean vegetation and debris around the home and edges of ponds Turn over plastic wading pools and wheelbarrows when not in use. Ensure that your roof gutters are clean and flow properly. Cover rain water barrels with mesh or screen and empty at least twice a week. Reporting Dead Birds In order to assist with the West Nile Virus surveillance program, residents are asked to contact the Public Health Department if they find any dead crows or blue jays. Crows are completely black with a black bill and eyes, and are approximately 12 -16 inches long. Bird carcasses that are not collected should be buried several feet deep or double bagged and placed with household garbage. Avoid barehanded contact when handling dead birds and wash hands thoroughly with soap and water after disposing of the carcass. To report dead crows or blue jays or if you require further information please contact the Niagara Region Public Health Department: at 905 688 -8248, ext. 7335 or 1 -888- 505 -6074, ext. 7335 Or visit the Regional web site at http /www.regional.niagara.on.ca /westnile/ Sources: Red Book (25t Edition) American Academy of Paediatrics Control of Communicable Diseases Manual, 2000 (18'" Edition, D. Heymann)) CDC Fact Sheet, Health Canada Fact Sheets, West Nile Virus Bulletin Updated April 2006 tires, as they can be Niagara' S Region PUBLIC HEALTH WestNi e WEST NILE VIRUS FACT SHEET reduce the risk Niagara Region PUBLIC HEALTH What is West Nile Virus? West Nile Virus (WNV) is a mosquito borne virus that can potentially cause serious illness. This virus usually circulates in a bird mosquito -bird cycle. A number of mosquito species bite both birds and humans or other animals and can transmit the infection outside of this cycle. West Nile Virus activity was first detected in Ontario in 2001. Since then the virus has spread across Canada and experts believe WNV is established as a seasonal epidemic in North America that flares up in the summer and continues into the fall. This fact sheet contains important information that can help you recognize and prevent West Nile Virus. What are the symptoms? Approximately 80 percent of people who are infected with the virus have no symptoms. Up to 20 percent of the people who become infected will develop West Nile Fever which includes mild symptoms: fever, headache, nausea, vomiting and body aches, occasionally with a skin rash on the trunk of the body and swollen lymph glands. The symptoms of severe infection (West Nile Encephalitis or Meningitis) include headache, high fever, neck stiffness, stupor, disorientation, coma, tremors, convulsions, muscle weakness and paralysis. It is estimated that 1 in 150 persons infected with the WNV will develop a more severe form of the disease. These symptoms may last several weeks, and neurological effects may be permanent. How soon do symptoms appear? Symptoms usually appear 3 14 days after the bite of an infected mosquito. How is it spread? The virus is spread to humans by the bite of an infected mosquito. A mosquito can become infected by biting a bird that carries the WNV. The virus is not transmitted through casual contact from others (e.g. kissing or touching). In 2002 other methods of transmission were identified: through blood transfusion, breast milk, organ transplant from an infected donor and during pregnancy from mother to baby however they represent a very small proportion of the cases. How is it diagnosed? In the human population, the virus can be confirmed by testing the blood or cerebrospinal fluid (fluid that surrounds the brain and spinal cord). What is the treatment? There is no specific treatment, medication or vaccine for the West Nile Virus. In the most severe cases, hospitalization is required for management of symptoms and intensive, supportive care. Prevention The federal, provincial and municipal governments are working together to address the risk presented by the virus. In the Niagara Region an Integrated Pest Management (IPM) approach is being taken to reduce the risk of human illness due to WNV while minimizing the use of pesticides. The plan emphasizes that the key control methods are source reduction and personal protection and includes public education and awareness, surveillance for human illness by physicians, dead bird and mosquito surveillance and mosquito larvae control. .../2 Dowrr NiagaraFalls Board of Management March 11, 2008 Mr. Dean lorfida, City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorrida: As per our General Meeting held March 6, 2008, we are pleased to proffer the attached budget as laid out and approved by the members for the year 2008. Sincerely, Ulrik- Gross Chairman /dd Att. NI( -0s. FALLS C7 r RKS r P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 Downtown Niagara Falls: Where Friends Make the Difference Tel.: (905) 354 -0606 Fax: (905) 354-5541 bia@niagarafallsdowntown.com www. n iagarafal I sowntown. co m TN FP I ownl wn Niagara FOS Board of Management P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 Niagara Falls Downtown Board of Management 2008 Budget Advertising Promotion Beautification Staff Wages Liability Insurance Building Operating Costs (taxes /utilities) Office Administration Consulting Fees Ciminelli Meeting Expenses Miscellaneous Shortfall on property tax appeal Total Downtown Niagara Falls: Where Friends Make the Difference Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia@niagarafallsdowntown.com w ww. n iagarafalisdowntown.com 25,000.00 25,000.00 30,000.00 3,600.00 13,145.00 6,855.00 60,000.00 2,000.00 2,418.00 11,982.00 $180,000.00 March 31, 2008 His Worship Mayor Ted Saici and Members of the Municipal Council City of Niagara Falls, Ontario Members: Case Law Etc. Niag araflcells C A N A D A Re: CD- 2008 -03 Closed Meeting Investigations Etc. RECOMMENDATION: For the infor ation of Council. See a.1iached. BACKGROUND: CD- 2008 -03 As Council is well aware, there has been much discussion and concern expressed by some members regarding the reconvened In Camera session that took place in the early morning hours of March 18 2008. In an effort to move forward, it is prudent to highlight some points and look at some of the broader issues raised. With regard to March 17th: An announcement was made that a deferral motion had been made In Camera followed by, "a subsequent motion to resume the In Camera session after the meeting." All Council members should have been aware of the resumption of the In Camera session but can appreciate that they may not have wanted to attend given the late hour. Five members, quorum, were present to resume the In Camera session. This writer is of the opinion that no procedure has been violated, however, fully concedes that the conclusion of the original In Camera was confusing and chaotic with 7:00 quickly approaching. Staff is sensitive to councillor concerns about possible violations of procedure; however, its worth noting some past case law, meeting procedure literature and expert opinion in the area. Noted Parliamentary James Lochrie in his book Meeting Procedures; Parliamentary Law and Rules of Order for the 21 sCentury, states: recent decisions, properly made, take precedence over previous dec ions when in conflict. t Z b.7` G• h 7'J E G Y; 4 T 2 ti {„P 5.. T .'F��JI� 'f 310 Que Stree t PO Box 10 23 N�agaraEFatls O N C an LE6X 905`155 7521 www`mags afails ca Working Together to Serve Our Community Corporate Services Department Clerks CD- 2008 -03 Closed Meeting Investigation Etc. It is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff prepare an in house legal opinion on the "In Camera" procedures of March 17, 2008 meeting. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that an In Camera session be convened at the next available opportunity to discuss some of the broader personnel issues contained in HR- 2008 -02. Motion Carried with Councillors Maves, Pietrangelo and Diodati opposed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council reconsider using LAS and go back to using an ombudsman. Motion Carried with Councillors Kerrio, Maves and Thomson opposed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that cancel the City's contract with LAS. Motion Carried with Councillors Kerrio, Thomson and Maves opposed. March 31, 2008 And what if Council does not properly follow its' rules? Ian MacF. Rogers in the Law of Canadian Municipal Corporations states the following: Canadian Courts have been reasonably consistent in holding that a municipal council's non compliance with its own procedure by -law is merely an irregularity that does not automatically nullify the council's actions. The Justice in the 1990 Ontario case of Blyth v. Northumberland (County) stated: "a court will not quash a by -law for the reason that in passing it the council failed to observe its own procedure unless the procedure is statutory and obligatory." If a court would not rescind a by -law, it is highly doubtful that it would overturn a matter related to a deferral motion. Administrative tribunals, like the OMB, have also been critical when a council member uses the appeal venue to right a perceived wrong. M. Rick O'Connor in his book Open Local Government 2 encapsulates the OMB decisions: There is nothing in law forbidding an alderman from appealing his council's decision, the board believes it is an abuse of process, unless clearly related to an adverse impact occurring against a clearly private interest of an alderman's...There is an old saying," you win some and lose some, "and that is in the board's opinion how aldermen should operate within their council. Surely, if an alderman can appeal either to the board, the courts or Cabinet every time he /she loses a vote at council, municipal activities would come to a halt." Closed Meeting Procedures Investigator Services 2 CD- 2008 -03 Some criticism has been leveled that the Closed Meeting procedures may have been breached. Staff is not of this opinion. Firstly, the subject matter of the in Camera session was in compliance with the closed meeting section of the Municipal Act: 239(2)(d), labour relations or employee negotiations. Also, the requisite resolution to go In Camera was passed. The concerns expressed have nothing to do with In Camera but with a deferral motion being negated. Such concerns could have just as easily occurred in open Council or during one of the standing committees. Through a unanimous vote of those in attendance, Council approved the hiring of LAS (Local Authority Services) to be the investigator of any closed meeting investigations. A subsequent attempt to revisit the issue was unsuccessful. Attached is the staff report that provided the recommendation and basis for Council's decision. Included in the past staff report, is a FAQ (Frequently Asked Questions) document produced by the Ombudsman's office. It clearly outlines jurisdictional issues: March 31, 2008 CD- 2008 -03 Ifa municipality has appointed an investigator, he or she will investigate complaints about closed meetings. if the municipality has not appointed an investigator, the Ontario Ombudsman may investigate. Once the Ontario Ombudsman has received a complaint, the Ombudsman will retain jurisdiction over a complaint even if an investigator is subsequently appointed by the municipality. If the Ombudsman receives a complaint about a municipality where an investigator has been appointed, the complaint will be referred to that investigator. Similarly, it is expected that municipalities and local boards will refer complaints to the Ontario Ombudsman when no investigator has been appointed. Based on the above, it is staff's opinion that although a council is free to revisit the hiring of the Closed Meeting Investigator, that Investigator (in our case LAS) would retain jurisdiction over any complaints that occurred during the life time of their contract with the municipality. Also, as per the legal agreement with LAS, 90 days notice would have to be given to terminate the agreement, which was approved by Council. Although the Closed Meeting Investigations allow any person to make a complaint about whether there has been compliance with the Closed Meeting provisions of the Municipal Act it is highly doubtful that the investigation process was contemplated for politicians to deal with issues or decisions for which they have other opportunities or forums to resolve. Recommended by: Approved by: Respectfully submitted: Dean lorfida, !�w ity Clerk Burden, Executive recttorp9rate Services n MacDonald, Chie Administrative Officer November 12, 2007 Council Minutes CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2007 -17 Appointment of Closed Meeting Investigator It is recommended that Council approve the municipality enrolling in the LAS Local Authority Services Ltd.) Investigator program; and that staff prepare an appointment by -law; and that the Mayor and Clerk be authorized to execute the services agreement between the Corporation of the City of Niagara falls and LAS. F- 2007 -41 Municipal Accounts It is recommended that Council approve the municipal accounts totaling 22,333,143.66 for the period October 3, 2007 to October 23, 2007. HR- 2007 -08 Appointing a designated "Agent" re: Ontario Municipal Retirement System (OMERS). It is recommended that Council approve the by -law, listed under the by -law section of the agenda, appointing the Director of Human Resources as the City's agent for the Employee pension plan. MW-2007-125 Tender T19 -2007 New Equipment Purchase. It is recommended that the tender for the purchase of One (1) Latest Model 4 -Wheel Drive Articulated Rubber Tire Diesel Powered Tractor complete with Accessories Attachment be awarded to Trackless Vehicles Ltd., Courtland, ON in the amount of 121,421.40. MW- 2007 -126 Deerfield Estates Subdivision Payments for Servicing Oversizing No. 2 It is recommended that the sum of 230,002.74 plus GST be transferred from the Development Charges Reserve Fund and paid to River Realty Development (1976) Incorporated, in accordance with the Subdivision Agreement for the City's cost- share of services. MW- 2007 -127 Order to Connect to Sanitary Sewer System, 5499 Kalar Road Royal Auto Parts Recycling It is recommended that the City Council authorize the owners of the property at 5499 Kalar Road Royal Auto Parts Recycling) to connect to the existing sanitary sewer on Kalar Road and further that the Urban Service Area By -Law be amended to reflect the inclusion of this property within the current boundary. MW- 2007.128 Transfer of Ownership Local Pumping Stations, Neighbourhood of St. David'slCalaguiro Estates Mewburn Road It is recommended the City Council authorize the Transfer of 1) Part 1, Plan 59R- 10737; and 2) Part4, Plan 59R 11579; and 3) Part 1, Plan 59R -6283, to the Region of Niagara and that staff be directed to prepare and execute appropriate documentation. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the reports on the Consent Agenda be approved as recommended. Carried Unanimously November 12, 2007 Members: BACKGROUND: NiagaraJ7alls C A N A D A His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: CD- 2007 -17 Appointment of a Closed Meeting Investigator RECOMMENDATION: CD-20071 7 The recommendation(s) contained in this report were adopted by City Council That Council approve the municipality enrolling in the LAS (Local Authority Services Ltd.) Investigator program; and 4310 Queen Street, ka Box 1023, Niagara. Falls, ON Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca That staff prepare an appointment by -law; and That the Mayor and Clerk be authorized to execute the services agreement between the Corporation of the City of Niagara Falls and LAS. Bill 130, or the Municipal Statute Law Act, was a bill passed by the Provincial government in late 2006. The Bill saw a number of amendments to the Municipal Act. Some of the amendments do not come into effect until January 1, 2008. In the coming meetings, staff will be bringing forward other reports and /or amendments to by -laws or policies reflecting the changes of Bill 130. A number of new sections under the Municipal Act have to do with accountability and transparency. This is especially the case of section 239.1, which requires the municipality to appoint a closed meeting investigator. As Council is aware, a meeting may only be closed to the public (i.e., In Camera) if the subject matter falls under certain criteria as outlined by section 239 of the Municipal Act: security of property, personal matters about an identifiable individual, property disposition, labour relations, litigation or potential litigation, solicitor advice or matters allowed as stipulated in other Acts. Despite the explicitness of the legislation, whether a matter is to go In Camera is often debatable, as this writer outlined in CD- 2004 -14, In Camera" Procedures: Corporate Services Department Working Together to Serve Our Community Clerks November 12, 2007 2 CD- 2007.17 Senior Staff is very cognizant of which items should be "in camera", however, every case is not black and white. For example, with a number of reports or items, litigation could occur. Staff has to make a judgement call as to whether there is a real possibility of litigation and whether the item should go "in camera" so that the Solicitor can outline confidential matters that may be pertinent to the case. With lithe guidance on Closed Door meetings many municipalities have been criticized for conducting business "behind closed doors" without appropriate public debate; hence, the Province passing legislation requiring the appointment of an Investigator, who has the function of investigating, in an independent manner, whether the municipality has complied with section 239 and /or its procedural bylaw. An investigation would occur upon the request or complaint of any individual (i.e., it does not have to be an elector). In Camera Procedures at the City of Niagara Falls Over the past few years, staff has worked diligently, often with Council's input, on improving our In Camera procedures. Resolutions are passed outlining the general purpose of going into a closed meeting, In Camera minutes were developed prior to the requirement under the Act and, with use of the power point projector, Council is clear on the action to be taken on all In Camera items (i.e., direction to staff or referral to open Council for a decision). As indicated, there is much discussion at the Council Review table, amongst Senior Staff, on whether a matter should go In Camera. Staff will only schedule a matter for a Closed meeting if there is a solid rationale for doing so. This writer can state that the number of matters that go In Camera has decreased from even as recently as ten years ago. Staff is confident that our In Camera procedures will bear scrutiny. Who to Appoint as an Investigator The question most municipalities are deciding now is who to appoint as an Investigator. If no Investigator is appointed by January 1, 2008, the Provincial Ombudsman will be the "fall back" Investigator. The Act specifically speaks to impartiality, credibility, confidentiality and independence. The report will now examine the various options: City Staff Member The legislation says, interestingly, "an investigator is not required to be a municipal employee." Therefore, a municipal employee may be appointed to be the investigator. Of course, appointing a municipal employee, especially one already involved in the agenda setting process, may lead to the perception of a lack of impartiality, similar to the skepticism the public often has when they learn of a police force investigating police misconduct of one of their staff. It would seem that the appointment of a municipal employee would only be feasible if the employee was not involved in the agenda setting process, possessed a reputation for impartiality and credibility and had true independence. November 12, 2007 Non -Staff Member 3 CD-2007-17 There has been some discussion amongst area municipalities of using a retired bureaucrat or former municipal politician to fulfill the investigator's role. Such a person would likely have credibility and an understanding of municipal procedures. Of course, if the former bureaucrat or politician is from a past era, they may be less likely to see the virtues of openness and transparency and possibly make decisions based on the way they did things in the past. Although discussed at area Clerks and CAD's meetings, there has been no attempt to solicit names of such individuals to fulfill the investigator's role. LAS (Local Authority Services Ltd.) Investigator Program The Association of Municipalities (AMO) has implemented an Investigator program through LAS (Local Authority Services) Limited. LAS is a wholly owned subsidiary company of AMO. The program has been developed to pro actively help municipalities respond to the investigator requirement. LAS has engaged a third party company, Amberley Gavel Ltd., to provide the investigators. The principals behind Amberley Gavel are Fred Dean and Nigel Bellchamber, who have impeccable municipal credentials. Council members have possible heard Mr. Dean and Mr. Bellchamber at the annual A.M.O. conference, where they often speak. In addition to the basic investigator service, LAS will enhance the program for all participating municipalities by providing a pool of experienced investigators, who they will train, a website repository on all reports and decisions and information bulletins and suggestions on closed meetings. In order to engage LAS's services, the municipality will have to pass an appointment by- law, execute a service agreement with the company and pay a retainer fee. The fee is a nominal $600 for two years. If an investigation is commenced, there will be a fee of $1250 per day. Although at this point it is difficult to speculate on how many investigations may occur, the retainer and fee charged by LAS appear reasonable. After the two -year contract, staff will have a better gauge on the costs inherent in the program. Municipal staff would also look into setting up a process, similar to the handling of Freedom of Information requests, where there is a filing fee to dissuade frivolous and vexatious complaints and the initial review is done by staff. If the requestor is dissatisfied with staff's response, the complaint will be forwarded to LAS for their investigation. The majority of municipalities, and those in the Niagara Region, appear to be leaning toward the LAS program. The LAS program has seventeen municipalities that have already executed the service agreements, as of the writing of this report. Provincial Ombudsman If the municipality does not pass a by -law appointing an investigator, then all complaints will, by default, go to the Provincial Ombudsman. Unlike the LAS program, there is no fee charged to the municipalities for the investigation. November 12, 2007 -4- CD- 2007 -17 Although likely the most financially attractive of the options, recent comments by the Provincial Ombudsman (see attached) have created the impression that Mr. Marin is on a mission to go after municipalities and their procedures. His comments have met with a swift rejoinder from AMO (also attached). CONCLUSION: With the passing of Bill 130, an investigation process has been added to the Municipal Act to allow individuals to request that an investigation of whether a municipality or local board has complied with section 239. This provision comes into effect on January 1, 2008. If a municipality has not appointed an Investigator by that date, the Provincial Ombudsman is the Investigator by default. In anticipation of the Investigator requirement, AMO has developed an Investigator program (LAS). The principals behind the program are experienced in municipal matters. The retainer fee is nominal and the investigation fee is reasonable. The LAS program will also provide an education component to municipalities that will undoubtedly lead to improvements to Council procedures. With Council's approval, staff will bring forward the appropriate appointment by -law at a future meeting of Council. Recommended by: Approved by: Respectfully submitted: Dean lorfida i y Clerk Ken Burden, Acting Executive Director of Corporate Services Gt. MacDonald, Chief Administrative Officer Atli* Association of Municipalities of Ontario MEMBER COMMUNICATION To the attention of the Clerk and Council July 9, 2007 200 University Ave, Suite 801 Toronto, ON M5H 308 Tel,: (416) 971 -9858 1 Fax: (416) 971 -6191 E -mail: amo @amo.on.ca FYI N 07 -012 FOR MORE INFORMATION CONTACT: Jason Hagan, LAS Program Coordinator (416) 971 -9856 ext 320 AMO /LAS Moving Ahead with Closed Meetings Investigator Program Municipal Act provisions regarding closed meeting investigations (Municipal Statute Law Amendment Act, 2006) are scheduled to come into effect on January 1, 2008. In an effort to help municipalities fulfill the requirements of the Act without relying on the Provincial Ombudsman, AMO's Local Authority Services (LAS) conducted a survey of municipalities in April /May 2007. The survey was intended to assess whether there was sufficient municipal interest in an Investigator Program provided by LAS; the survey also sought to determine what type of investigator service municipal governments might want. The AMO /LAS survey received 165 responses from Ontario municipalities and the results were very supportive of the development of an LAS Investigator Service, Of the survey responses, almost 63% noted their desire to appoint an investigator to examine municipal complaints opposed to relying on the Provincial Ombudsman. More than 82% identified that they would be interested in an LAS sponsored investigator service, and many indicated that their municipality would be willing to sign a service agreement with LAS and pay an annual retainer fee to access the service. Municipalities clearly indicated that it would be important for the LAS program to provide a sizeable roster of competent investigators that have a strong knowledge of municipal government and are appropriately trained to administer any investigation requested under the provisions of the Act. Having considered the survey results, LAS is now working with an outside company to develop and to establish an Investigator Service that will be made available to all interested municipalities. Although the business case for this planned service is still under final development, it is known that there will be a service agreement, a small annual retainer fee, and a daily billing rate for an investigation into a complaint lodged with the municipality. The details surrounding the roster of investigators are still being determined and AMO /LAS will ensure that the Investigator Service will provide municipalities in the program with access to a pool of qualified investigators that are familiar with particular regions of the province. Program details including the process for signing up will be announced at the AMO Conference in August. Material will be distributed to all municipalities that week for timely consideration in anticipation of the January 1, 2008 effective date for the provisions related to closed meeting investigations. Should you have any questions about the scope and details of this new program please contact Jason Hagan, LAS Program Coordinator, at the coordinates listed above. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca and on the LAS website at www.las.on.ca. Association of 1 1 Municipalities of Ontario 801 200 University Avenue, Toronto, ON M5H 3C6 LAC Local Authority 416 971-9856 Fax: 416 971-6191 /"�J Services Ltd. www.las.on.ca 1 info®tas.on.ca August 29, 2007 Dear Clerk/Administrator /Council: Enclosed please find information and sign -up materials related to the new LAS Investigator Program. This program has been developed to help municipalities proactively respond to forthcoming changes to the Municipal Act related to `Closed Meeting' Investigations. The relevant changes to the Act are outlined in the presentation attached. In an effort to ensure that this new LAS program is administered in an open and transparent manner we have provided a sample version of the Service Agreement between LAS and each municipality; as well as information related to how this program will operate fees, sign -up process, etc. This information is proprietary so please use your professional discretion in the distribution of this material to those outside of staff and Council. The operation of this program is quite simple interested municipalities will appoint LAS as the municipality's Investigator (as per the Act), and LAS will delegate authority to a third party company set up for this purpose; LAS' chosen counter -party is'Ainberley Gavel Ltd. Each municipality will pay a small retainer fee to join the program as well as a daily investigation rate for any investigations that are requested. Details of the sign -up process, fees, and other program details are included in the enclosed presentation slides. The benefits of this program are that program members will be provided with ongoing educational information related to the 'Closed Meeting' provisions of the Municipal Act, access to all completed reports via a password protected website, access to a sizeable pool of trained and qualified Review Officers, and other resources designed to make the forthcoming changes easier for your municipality to manage. Given the short time period before the `dosed meeting', provisions come into effect,.we encourage all municipalities to promptly review this information to determine if this program is of interest to your municipality. Should you wish to jointhis program'please contact LAS to request a personalized version of the Investigator Services Agreement The answers to the most common questions are provided in the enclosed FAQ document but should you have any additional questions, please contact Jason Hagan, LAS Program Coordinator at ext. 320 or by email at ihagan a,amo.on.ca. Sincerely, Nancy Plumridge President AsniAlongmm oLAS in. As,00d Ion of M1lunkla0llo of Onlerlo WAS Local Authority Services Ltd. Page 1 August 2007 LAS Investigator Program Closed Meeting Investigations Information As of January 1, 2008 any person (this means anyone!) will be able to request that an investigation be undertaken respecting whether a municipality or local board, or a committee of either, has complied with the closed meeting rules contained within the Municipal Act. Municipalities will be able to appoint an Investigator for this purpose. If a municipality chooses not to appoint an Investigator, the Provincial Ombudsman will be able to assume the role. What should be considered in appointing an Investigator? A municipality could appoint any person, corporation or individual, including a member of municipal staff, to conduct investigations pursuant to Section 239.2 of the Act. In making its selection, a municipal Council should consider the intent and wording of the Act. Sections 239.1 and 239.2 were enacted to enhance transparency and accountability. Council needs to consider if its choice achieves that goal. As well, the Act specifically speaks to impartiality, credibility, confidentiality, and independence with respect to the investigation process. Council must consider these factors also. Why appoint LAS as Investigator? LAS decided to offer this service for several reasons. The first is that it is complementary to its existing program of providing services to municipalities where value can be enhanced through group procurement. Secondly, LAS believes that this initiative will assist municipalities in demonstrating that they are mature and accountable orders of government, capable of managing their own affairs. The business model for the program ensures that all Investigators will possess extensive knowledge of and appreciation for the municipal environment. Thirdly, through this joint initiative, LAS will Include an educational component, to a degree not possible if municipalities act independently or in smaller cooperative groups. In the longer term, information and municipal education will ensure transparency and accountability, ultimately reducing the frequency of requests for close meeting investigations. How Does a Municipality Appoint LAS as Investigator? Prior to January 1, 2008, a municipality can appoint LAS to be its investigator, effective January 1, 2008. A municipality can also appoint LAS at any time after January 1, but LAS cannot act as Investigator for any requests made between January 1, 2008 and the date of appointment. The Provincial Ombudsman takes on this role. To appoint LAS as Investigator a municipality must: execute a Service Agreement with LAS, pass an appointment by -law (and provide LAS with a copy), and pay a retainer fee, A suggested appointment by -law will be provided by LAS, which reflects the intention of LAS to delegate its authority to a third party company specifically set up for the purpose of providing an Investigator Service. This company will provide a panel of experienced and trained individuals who will conduct the investigations. This company has received delegated authority from LAS under an agreement that has been executed between the parties. Daily fees and reasonable out of pocket expenses related to any Investigation will be charged directly to the municipality or local board by the third -party company. It is anticipated that a credible investigation process will require a minimum of a half days time even if it is determined that the complaint does not merit a complete investigation or if the request ends up being withdrawn. LAS will enhance the program for all participating municipalities in a number of ways: There will be a password protected website available to participating municipalities which will include a repository of all of the reports made to date and other relevant information LAS will provide information on the panel of Investigators and will ensure that the Investigators represent a broad cross section of the province and that investigations are available in both English and French LAS will also provide information and suggestions on closed meetings as part of an ongoing educational program Your municipality will be receiving a comprehensive package from LAS in time for a September Council meeting, which will contain: Agreement with LAS for Investigator Services Sample Appointment By -law Educational materials that will help you answer all your questions (i.e. which local boards are included and what is a committee, etc.) Next Steps: Practically speaking Council should decide on who its Investigator will be before the end of November 2007 and preferably before then so that staff can put the necessary procedures in place to deal with any requests that may be received after January 1, 2008. Your municipality should promptly review the LAS materials and start the process of determining what your municipality plans to do to address the new closed meeting rules. Page 2 W S Local Authority J Services Ltd. What are the Fees for Investigation Services? There are two types of fees with respect to a municipality's agreement with LAS. The first is the annual retainer, and the second is the daily rate for actual investigations (If required), along with out of pocket expenses. The purpose of the retainer is to cover the costs associated with training, developing educational material to be provided to municipalities, liability insurance and administrative overhead. For more information please contact: Jason Hagan LAS Program Coordinator Association of Municipalities of Ontario Tel: 416- 971 -9856 ext. 320 Toll Free: 1- 877426 -6527 Email: Jhagan @amo.on.ca (AS Local Authority Services Ltd. LAS Investigator Program Frequently Asked Questions The closed meeting investigation process pursuant to Sections 239.1 and 239.2 of the Municipal Act, 2001 is new. These "frequently asked questions" reflect our best efforts to interpret the legislation and its intent, and demonstrate how the new LAS Investigator Program will operate. What is the new Requirement? As of January 1, 2008 any person (and this means anyone) will be able to request that an investigation be undertaken respecting whether a municipality or local board, or a committee of either, has complied with closed meeting rules. Municipalities will be able to appoint an Investigator for this purpose. If a municipality chooses not to appoint an Investigator, the Provincial Ombudsman will be able to assume the role. What should be considered in appointing an Investigator? A municipality can appoint any person, corporation or individual, including a member of municipal staff, to conduct investigations pursuant to Section 239.2. In making its selection of an Investigator, a municipal Council should consider the intent and wording of the Act. Sections 239.1 and 239.2 were enacted to enhance transparency and accountability Council needs to consider if its choice achieves that goal. The Act specifically speaks to impartiality, credibility, confidentiality, and independence with respect to the investigation process. Council must consider these factors also. Why appoint LAS as Investigator? LAS decided to offer this service for several reasons. The first is that it is complementary to our existing suite of municipal programs and services whereby value can be enhanced through group procurement. The LAS program will also ensure a consistent standard of service to all participants. Secondly, LAS believes that this initiative will assist municipalities in demonstrating that they are a mature and accountable order of government, capable of managing their own affairs, LAS will ensure that Review Officers have a knowledge of and appreciation for the municipal environment. Thirdly, through this joint initiative, LAS believes it can add an educational component, to a degree not possible If municipalities act Independently or in small groups, which will serve to enhance transparency and accountability, ultimately reducing the frequency of requests for closed meeting investigations. About LAS Created in 1992, LAS is a wholly owned subsidiary of AMO. LAS supports municipalities and the broader public sector by delivering programs and services that leverage economies -of -scale and co-operative procurement efforts. Examples of current LAS programs are our Electricity and Natural Gas Procurement Programs. ki k•wi melki.xwxu..rwum LAB e.,,m,p s n.e ,ue.Fm,r tanipem Of ,M AnodeYm<(WnkknNN. el (Mello How Does a Municipality appoint LAS as Investigator? Prior to January 1, 2008, a municipality can appoint LAS to be its Investigator, effective January 1, 2008. A municipality can also appoint LAS at any time after that date, but LAS would not be the Investigator for any requests that were made between January 1, 2008 and the date of the later appointment, The Provincial Ombudsman takes on this role. A standard by -law is provided by LAS which incorporates an agreement between LAS and the municipality. It reflects the intention of LAS to delegate its authority to a third party company specifically set up for this purpose. This company will provide a panel of Review Officers who will conduct investigations. This company has received delegated authority from LAS under an agreement that has been executed between the parties and it will be this company that is the delegated Investigator. What background will the Review Officers have? The Review Officers will be persons who have extensive experience with municipal government and municipal processes. This experience might be gained as a staff person or as a previous elected official, or through a close working relationship with municipal government over an extended period of time. Review Officers will be located geographically around the Province to minimize costs to participating municipalities, where possible. At least one Review Officer will be able to conduct Investigations in French. All Review Officers will be required to participate in training regarding municipal and local board meeting processes, as well as investigative processes, A list of all Review Officers will be available to program members. Where can 1 find the roster of Review Officers? The roster is on the LAS website. It will be on the Amberley Gavel website before the end of October. It includes brief biographies for each of the Officers. Who appoints an Investigator for a Local Board? The municipal Council does. It will automatically be the one who Is appointed to deal with requests regarding Council meetings. What is a "Local Board The definition of a local board is derived from two sources for purposes of closed meeting investigations. The first is Section 1 of the Municipal Act 2001, which says: "local board" means a municipal services board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any act with respect to the affairs or purposes of one or mom municipalities excluding a school board and a conservation authority But Section 238, further states: "local board" does not include police services boards or public library boards In short, the closed meeting investigation process covers all Municipal Boards and Committees except: School Boards, Conservation Authorities, Police Services Boards, and Public Library Page 2 Boards, These are the only exceptions Business Improvement Area Boards, Arena Boards, Transit Commissions, and Boards of Health, for example, are all covered. For a specific local situation, the municipality should review the establishing by -law and enabling legislation, and if necessary consult its solicitor, What is a "Committee Section 238 says that "committee means any advisory or other committee, subcommittee or similar entity of which at least 50% of the members are also members of one or more councils or local boards What about Joint Boards and Committees? Again, guidance should come from the by -laws and legislation creating the specific body. Section 1 of the Act defines "local board" to mean, "a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; Section 238(1) lists the exclusions for the Part of the Act that includes the closed meeting Investigation process. The definitions of "local board" in sections 1 and 238 must be read together to what boards are covered by the closed meeting rules. The Act is silent with respect to who will investigate in the case of a joint board such as a Board of Health. It would appear that if all of the municipalities appointing to the joint board have appointed the same Investigator, for example LAS, then that Investigator would investigate a request. Each municipality should include the joint board in its list of included boards. If however different municipalities have appointed different Investigators, then it is not clear which Investigator will respond. It is recommended that the joint board decide by resolution which Investigator is to be appointed. Again, this should be reflected in the municipal list of boards included in the program. Finally if one or more of the appointing municipalities has not appointed an Investigator and the Joint Board has not passed a resolution accepting the appointment of an Investigator of one of the appointing municipalities, it is likely that the Provincial Ombudsman will be the Investigator for the Joint Board's situation. What Is a "Person A "Person" includes an Individual, "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law." (Interpretation Act), This was superseded by the Legislation Act, 2006 Part VI, section 87, states "person" Includes a corporation. "'person includes a municipality unless the context otherwise requires;" (Municipal Act, 2001) What happens If an Investigator is not appointed before January 1, 2008? Effective January 1, 2008, a person may request the Provincial Ombudsman to undertake an investigation of the compliance of a closed meeting with the Municipal Act 2001 or a procedure by -law. Page 3 Page 4 Even if a request has gone to the Ombudsman, the municipality could still appoint an Investigator for subsequent requests. The Ombudsman would complete the work on the requests filed with him. Can a request be retroactive? Section 239.2 of the Municipal Act, 2001 has been proclaimed effective January 1, 2008. As a general rule, legislation is not retroactive unless it contains specific reference to retroactivity. This section contains no such reference; it is recommended that an investigation only be held for meetings that occur on or after January 1, 2008. How does a person file a request and is there a required form for a request? It appears that the municipality can decide upon the form for a request, but presumably the request should be signed by the person requesting the investigation, and should include contact information and sufficient detail to indicate the meeting that the request concerns, and a general indication of why the request has been made. What are the requirements of an Investigation? The investigation process is required to be credible, its activities confidential, and it is required to be conducted impartially and Independently. Neither Council, nor a Local Board, nor any of its members should attempt to provide direction to the investigation process once a request has been made. Council or Board members could be Interviewed as could any other person in attendance at the meeting that is the subject of the request. What does the Municipality or Local Board do with a request for an Investigation? The request should be directed to the Municipal Clerk who will have a checklist of material required for each investigation this will be provided by LAS. This standardized checklist is designed to minimize investigation costs and ensure the credibility of the investigation process. The checklist will include: the request made by the person, procedure by- law(s), contact list of attendees, evidence of notice for the meeting in question, agenda and attachments, minutes, and other relevant materials. What will the LAS investigation process be? A person files a request for investigation with the Clerk The request and background documentation are sent to the Investigator Initial review by Investigator may result in withdrawal by the person filing, a decision not to proceed with reason, or a decision to proceed with the investigation In the case of withdrawal, or decision not to proceed, Investigator notifies the parties. If decision is to proceed, a Review Officer is assigned and Investigation is performed Draft report filed with Investigator for review If circumstances warrant, municipality or local board given formal hearing opportunity (pursuant to Section 18 of the Ombudsman Act) Final report prepared and submitted to the Council, or Local Board and Council, and posted on Investigator website. A flowchart of the Investigation Request Process can be found on the LAS website at www. LAS. on. ca. Will all requests proceed to a full investigation? During the Investigative process the person who filed the request may decide to withdraw the request. If that happens, the file will be closed and the action reported to the Council, or to the Council and Local Board. In addition, some requests may be determined upon preliminary review to be frivolous or vexatious. Following such a determination the requestor will be notified of this decision by the Investigator as will the Council, or the Council and the Local Board. The credibility of the Investigation process requires that both of the above circumstances be formally undertaken and documented. What are the fees for this LAS program? There are two types of fees with respect to a municipality's agreement with LAS. The first is the retainer fee, and the second is the daily rate for actual investigations, along with out of pocket expenses. Specific fee amounts are detailed in the Investigator Services Agreement. The retainer is to allow for educational materials to be developed and provided to municipalities and local boards, and also for administrative overhead. Daily fees and reasonable out of pocket expenses will be chargeable to the municipality or local board for each investigation. It is anticipated that a credible investigation process will require a minimum of a half day's time once referred to the Investigator, even if the request is withdrawn or determined not to merit a complete investigation. How is the Investigation billed? Municipalities will be billed on a daily basis for investigations billing will be on an hourly basis, where only part of a day is required. Members of the Review Officer panel will be located throughout Ontario which will help to reduce travel costs and time, Is there a policy /guidelines related to the expenses that Amberley Gavel may charge for a Review Officer conducting an investigation? The municipality or local board will be responsible for the reasonable expenses of conducting the investigation. Travel, meals and accommodation and administration such as copying will be the primary expenses. Amberley Gavel is committed to keeping out of pocket costs incurred as a result of the investigation at a reasonable level, consistent with expenses charged by firms and agencies consulting with governments. How long will an Investigation take? The time spent an conducting an Investigation will depend on a number of factors. It could be as short as a few hours to investigate a complaint that is on its face without merit or outside the scope or purpose of the closed meeting investigator. But it could also be a few working days depending upon a number of factors such as the complexity of the situation, the number of persons to be interviewed and the organization of interviews by the Review Officer and the municipality. What would be investigated under a complaint? The Act provides in section 239.1 that the mandate of the investigator is to determine whether a municipality or local board has complied with section 239 or the procedure by -law of the municipality or local board. The LAS program will review only the procedure as It relates to the acceptability of a closed meeting and not the issue at hand in the complaint. Can a municipality charge a fee for a request for an investigation? Nothing in section 239 addresses the issue of the fee, however, any fee or charge would presumably be established by the municipality or local board pursuant to Part XII of the Municipal Act. 2001. A municipality may wish to obtain legal advice in establishing such a fee. Page 5 Is there an appeal mechanism available for Investigator reports? The Municipal Act, 2001 does not provide for an appeal of the report. Does the Municipality have a choice of Review Officer from the panel? The decision as to which Review Officer will be delegated the task of conducting the investigation will be made by LAS' delegate. Factors such as geographic location, type of municipality and availability will be taken into account, A municipality may request a particular member of the panel and this will also be taken into consideration. Amberley Gavel will ensure that a Review Officer that has a conflict as a result of an existing relationship with a municipality or local board will not be involved in the investigation. If the municipality is aware of a conflict with one of the Review Officers, it should contact Amberley Gavel. Who can see a request? The Municipal Act, 2001 imposes a duty of confidentiality on every person involved with the Investigation. This duty prevails even over the Municipal Freedom of Information and Protection of Privacy Act. Is the report of the Investigator available to the public? Yes. The Act requires that it be available to the public. If a municipality appoints LAS will it have access to all of the reports? Yes. One of the advantages for a municipality in appointing LAS is that the municipality will have access to a password protected website that will include all reports issued. How long does the appointment of LAS as Investigator last? For appointments made effective January 1, 2008, the sample Appointing By -law and Services Agreement provide for a term of two years expiring on December 31, 2009. If the appointment is made after January 1, 2008, the appointment will still last until December 31, 2009. The appointment will be automatically renewed unless terminated by the municipality or by LAS no later than 90 days before the expiry date of the current Services Agreement. How will LAS help municipalities understand the closed meeting rules? LAS will enhance the service provided to participating municipalities in a number of ways: There will be a password protected website for participating municipalities that will provide a variety of information resources including access to all reports made to date. LAS will provide information on the panel of Review Officers. LAS will also provide information and suggestions on closed meetings as part of an ongoing educational program. When and how will educational materials be made available to program members? Educational materials will be posted on the Amberley Gavel website in a password protected area available to client municipalities and their local boards. All participating municipalities will be provided with a password and access to this secure site well in advance of January 1, 2008. Page 6 TO z AV) 18 {0 75 a O E 2 3 0 o 12 0 .9) 5> z 0 0 0 t CD r Q. Et WAS Local Authority Services Ltd. Amberley Gavel Ltd. Proprietors Fred Dean knows the ins and outs of municipal government. He has worked with elected officials and municipal staff, giving civic leaders the tools to make effective decisions on behalf of their communities. Fred Dean is a lawyer who acts exclusively for municipalities and municipal associations in Ontario. He began his municipal career with the Borough of Scarborough and tater the City of Brampton. Fred was the City Solicitor for the City of Sudbury for 23 years. He was also legal counsel to the Transition Board for the City of Greater Sudbury. He is a regular contributor at the AMO annual conference. He is also the chair of the Question Box panel at the ROMA/Ontario Good Roads Conference each February. He has been the facilitator for AMCTO municipal law courses. Fred, together with Nigel Bellchamber has facilitated the Municipal Act and Bill 130 training and the Effective Municipal Councillor Program for the Association of Municipalities of Ontario, He was a member of the steering committee developing the municipal response to Bill 130. 1 -Ie is a member of the Canadian Association of Professional Speakers (CAPS). Fred has served local government in Ontario by giving advice to municipal officials on a variety of matters including governance, conflict of interest, codes of conduct and municipal powers. Nigel Bellchamber has held a variety of positions with several municipalities during his career serving local government. These positions include Clerk, Deputy Clerk, Treasurer, Deputy Administrator, Chief Administrative Officer, and even Acting Chief Librarian for a major system for a period of ten months. He has held office with the Ontario Municipal Administrators' Association as its President, and with the Association of Municipalities of Ontario as Chair of its former County Section, and as its Secretary Treasurer. Nigel's formal education is in Business Adtninistration and in Local Government. More recently he has operated his own consulting firm specializing in local government issues, and has served as the part time General Manager of the Ontario Municipal Administrators' Association. Besides developing and delivering AMO's Councillor Training series with Fred Dean, he has worked with municipal Councils on such varied matters as strategic planning, labour negotiations, senior management recruitment and organizational review. He has also advised AMO, FCM, and the Province of Ontario on matters pertaining to municipal finance and sits as a member of the Canadian Institute of Chartered Accountants' Public Sector Accounting Board, following two years as Chair of that Board's Tangible Capital Assets Task Force. October 22, 2007 Dear Clerk/Administrator /Council: 0 a r O rn u d s rm Ttt l FflLLS CLERKS '07 10:30 11 ONTARIO'S WATCHDOG CHIEN DE GARDE DE I :ONTARIO As of January 1, 2008, the provisions of the City of Toronto Act, 2006 and the Municipal Act, 2001 relating to investigation of closed meetings will come into effect. Under these new legislative provisions, the Office of the Ombudsman of Ontario will have the responsibility of investigating complaints about closed meetings if the municipality in question has not appointed an investigator. I would like to take this opportunity to provide you with some general information regarding our Office's processes and how it will be dealing with this new jurisdiction. Attached for your information and assistance is some additional information in the form of a "frequently asked questions" document. This information can also be found on the Ombudsman's website at www.ombudsman.on.ca. The Ombudsman's Office will be maintaining information about closed meetings on its website and will be available to the public and municipalities as a resource. The Ombudsman's services are free of charge. Our Office is independent from government and functions in an impartial and confidential manner, conducting thorough, objective and credible investigations. The Ombudsman's process has proven effective in resolving tens of thousands of cases on an annual basis. When we receive a complaint, our normal practice is to contact the parties involved and first attempt to resolve issues informally. If this is unsuccessful, a formal investigation may be launched. Prior to launching an investigation, notice is given in writing to the organization that is the subject of the complaint in the case of complaints about closed meetings, notice would go to the relevant municipality or local board. Under the Ombudsman Act, the Ombudsman also has discretion to decline to investigate a complaint. Given that the Ombudsman will have jurisdiction to investigate complaints about closed meetings in any case where a municipality has not appointed an investigator for this purpose, it is important that all Ontario municipalities provide our Office with up -to -date information regarding any investigator(s) they may appoint. This will also assist the Ombudsman's Office in providing appropriate referral information to complainants in cases where municipalities have appointed investigators. Bell Trinity Square 483 Bay Street, 10th Floor, South Tower, Toronto, ON M5G 2C9 483, rue Bay, 10 etage, Tour sud, Toronto (Ontario} M5G 2C9 w./1, 416- 586-3300 416586 -3485 Ti ..5 1-866- 411-4211 www.ombudsman.on.c0 We would appreciate it if you could notify our Office of any investigator(s) appointed by your municipality, including name and contact information. In addition, please provide us with any Council minutes confirming the investigator's appointment, and any relevant bylaw relating to the terms and conditions governing the investigator. This can be done by e -mail at info@ombudsman.on.ca or by mail, addressed to the attention of Sherrie Nicholson, Ombudsman Ontario, Bell Trinity Square, 483 Bay Street, 10 Floor, South Tower, Toronto, ON, M5G 2C9. If you have any questions, please feel free to visit our website or contact us via e -mail at info(aombudsman.on.ca or by phone at 1- 800 263 -1830. Yours truly, Barbara Fin y Deputy O udsman Encl. -2- O Ombudsman ONTARIO'S WATCHDOG CHIEN DE GARDE DE L'ONTARID Investigating Closed Municipal Meetings: Frequently Asked Questions Municipalities and Local boards in Ontario are required to pass bylaws setting out the procedure for holding meetings. The law now requires that public notice be given that a meeting will be held. All meetings must be open to the public unless they come within limited exceptions. As of January 1, 2008, the City of Toronto Act, 2006 and the Municipal Act, 2001 provide that any person may request an investigation into whether a municipality or local board has complied with the open meeting requirements or the procedural bylaw relating to any meeting or part of a meeting that was closed to the public. If a municipality has not appointed an investigator, the Ombudsman of Ontario has authority to investigate complaints about closed meetings. The Ombudsman's investigations are conducted at no cost to those who complain or to municipalities or local boards. The Ombudsman's process respects the values of independence, impartiality, confidentiality and a credible investigative process and has been proven effective in resolving tens of thousands of cases per year in a timely manner. Who must hold an open meeting? All municipal and Local boards except conservation authorities, police services boards, school boards, and public library boards are required to hold meetings that are open to the public, subject to some exemptions. When can a meeting be closed to the public? A municipal or local board meeting, or part of a meeting, may be closed if the subject matter being considered concerns: the security of the property of the municipality or Local board; personal matters about an identifiable individual, including municipal or local board employees; a proposed or pending acquisition or disposition of land by the municipality or local board; labour relations or employee negotiations; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, advice that is subject to solicitor client privilege, including communications necessary for that purpose; a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act. A meeting may also be closed if it is held for the purpose of educating or training the members, so long as no member discusses or otherwise deals with any matter during the closed meeting in a way that materially advances the business or decision making of the council, local board or committee. In addition, meetings must be closed if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that Act. Can members vote during a closed meeting? Generally, meetings are not supposed to be closed to the public during the taking of a vote. However, voting in a closed meeting is permitted if the closed meeting is otherwise authorized and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the City; to officers, employees or agents of a local board or of a conunittee of either of them; or to persons retained by or under a contract with the municipality or local board. Does a municipal council or local board have to follow a specific procedure to close a meeting? Yes, in order to close a meeting a specific process must be followed: The municipality, local board, or committee must state by resolution that a closed meeting will be held and state the general nature of the matter to be considered at the closed meeting. Public notice of a meeting is required even if the meeting is closed. In the case of meetings for the purpose of educating or training members, the subsection of the Municipal Act authorizing meeting closure for this purpose must also be cited. Does a municipal body have to keep a record of a closed meeting? A municipal council, local board or committee, must record without comment all resolutions, decisions and other proceedings, whether the meeting is open or closed. Who can ask for an investigation relating to a closed meeting? Any person or corporation may ask for an investigation relating to a closed meeting. What municipal bodies can be investigated for failing to hold an open meeting? The investigation provisions cover municipalities and local boards, which include: municipal councils; municipal boards, including boards of health or planning boards; transportation commissions; 2 Investigating Closed Municipal Meetings: FAQ any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities. Who investigates closed meeting complaints? If a municipality has appointed an investigator, he or she will investigate complaints about closed meetings. If the municipality has not appointed an investigator, the Ontario Ombudsman may investigate. Once the Ontario Ombudsman has received a complaint, the Ombudsman will retain jurisdiction over a complaint even if an investigator is subsequently appointed by the municipality. Complaints may be made to a municipality or local board or to the Ontario Ombudsman. If the Ombudsman receives a complaint about a municipality where an investigator has been appointed, the complaint will be referred to that investigator. Similarly, it is expected that municipalities and local boards will refer complaints to the Ontario Ombudsman when no investigator has been appointed. How will the Ombudsman know if a local investigator has been appointed? The Ontario Ombudsman is encouraging municipalities to notify his office if an investigator has been appointed, and to provide the investigator's contact information. The Ombudsman's Office will contact a municipality in cases where no notification has been received. Does the Ombudsman have the ability to conduct investigations in both English and French? Yes, the Ombudsman's office can conduct investigations in either English or French. Does the Ombudsman charge a fee to either the municipality or the person bringing the complaint? No, there is no fee charged by the Ombudsman to either the municipality or the person bringing the complaint to our Office. In keeping with the tradition of ombudsman offices around the world, the Ombudsman's services are free of charge in order to ensure they are fully accessible to everyone. Will the Ombudsman notify the municipality or local board when a complaint is received? The Ombudsman's usual process is to document and confirm the details of a complaint, and then to contact the municipality or local board to advise them of the complaint and obtain information. If the complaint cannot be resolved informally, a formal investigation may be commenced. In the case of a formal investigation, the head of the municipality or local board will be notified. 3 Investigating Closed Municipal Meetings: FAQ Can closed meetings prior to January 1, 2008 be investigated? The investigation provisions apply to meetings held on or after January 1, 2008. As a general rule, legislative provisions only apply on or after their commencement date. What powers of investigation does the Ombudsman have with respect to closed meeting complaints? The investigative powers set out in the Ombudsman Act including the power to issue sununonses, inspect premises and compel municipal officials and staff to provide information and documents apply to investigations of closed meeting complaints. Will the Ombudsman investigate every complaint received? The Ombudsman's Office will conduct an initial review of each complaint regarding open meetings. Not all complaints will necessarily result in a formal investigation. Some cases will be resolved informally, and there may also be circumstances when an investigation is otherwise considered unnecessary. Will the Ombudsman establish time frames for the municipality or local board to respond to a complaint? The time frame for responding to a complaint will depend on the nature of the circumstances. As a general rule, the Ombudsman expects timely responses so that complaints may be resolved without undue delay. What happens to municipal documents after an Ombudsman investigation? The Ombudsman's practice is to return original documents. Copies of documents retained in the Ombudsman's file are kept confidential, The Ombudsman is not subject to the Municipal Freedom of Information and Protection of Privacy Act or the Freedom of Information and Protection of Privacy Act. What can the Ombudsman do if he finds a meeting was improperly closed or procedural requirements were contravened? If the Ombudsman concludes, after an investigation, that there was a contravention of the procedural bylaw relating to a closed meeting, or that the closed meeting provisions were contravened, he may report his opinion and reasons to the municipality or local board, and make recommendations to address his concerns. Will the Ombudsman's reports about closed meetings be made public? Yes, once an Ombudsman report is provided to the municipality or local board, that body is required to make it public. Copies of the reports may also be found on the Ombudsman's website, www.ombudsman.on.ca 4 Investigating Closed Municipal Meetings: FAQ Ontario ombudsman slams municipal secrecy Page 1 oft Ontario ombudsman slams municipal secrecy Last Updated: Wednesday, October 31, 2007 1 5:55 PM ET The Canadian Press Voters might have zero interest in what's happening at a typical municipal meeting, but Ontario ombudsman Andre Marin said Wednesday citizens should be furious that so much information is being hidden from their eyes. Marin admits his latest crusade lacks sex appeal and widespread public interest, but he insists it's tremendously important. People should be outraged that municipalities are making important decisions behind closed doors with no accountability, he said. "Can you imagine for a moment if the House of Commons would decide, 'Let's close the door and have a closed session,' or if Queen's Park would ban the media from attending Question Period, the amount of public outcry that would happen?" Marin said at a panel discussion about openness and transparency in government. "Yet closed meetings in municipalities are not the rarest of exceptions." Municipal Act changes may achieve nothing Although the provincial government has amended the Municipal Act to address complaints about closed -door meetings, Marin said those changes may accomplish nothing. As of Jan. 1, municipalities will be forced to co- operate with an investigation if citizens complain about closed -door meetings that unreasonably withhold information from the public. If a municipality doesn't appoint an investigator to conduct the review, Marin's office can do so. But Marin said the legislation allows municipal employees to act as investigators, meaning there will be no guarantee of independence or impartiality in any review. Marin said any claim that the level of secrecy has been lessened is just another example of what he calls government "puffery," or trumped -up claims that have little basis in reality. "HI was a dreamer, I'd tell you we're about to get into a new era of the right to know in municipalities as of Jan. 1, because certainly it's been touted (that way)," Marin said. "(But) what the government has done is perpetuated the status quo and given it a gloss of credibility." Marin said he doesn't want oversight of municipalities to be part of his mandate, but he will pay attention to how many private meetings are being held and the results of any subsequent investigations. He intends to post his findings online so citizens can see if their municipality appears to be overly http: /www. cbc.ca canada/ottawa/story/ 2007 /10 /31 /ot- municipal- 071031.html 11/2/2007 Ontario ombudsman slams municipal secrecy Page 2 of 2 secretive. Ontario auditor, commissioner also appear Also appearing at the panel discussion were Ontario's information and privacy commissioner and auditor general, who backed Marin in suggesting that Ontario's government could do a lot more to be open with the public. Auditor General Jim McCarter said the government has increasingly used the internet to publicly disclose more and more data about its operations, but there's concern the information could be overly "managed." "If we look good, were going to publish it. Otherwise, we're not," McCarter said of how the government could be deciding what to disclose. The Canadian Press, 2007 THE CANA PRESS Q 1 http /www. cbc. ca/canada/ottawa/s tory/2007/ 10/31 /ot -muni cipal- 071031. html 11/2/2007 Open Meetings The Ontario Government's Ombudsman, Andre Marin, has made several comments recently in the media about the use of closed -door meetings by municipal governments. They are consistent with views that he presented in November 2006 during the Committee hearings stage of Municipal Act amendments. Regrettably, the Ombudsman is making sweeping generalizations about municipalities on the basis of presumption. AMO has made its own views known to the Ontario Government during committee hearings and in MOU discussions. AMO wants to share them again with you, as well as considerations related to the new meetings investigator position. Key Messages: The Ontario Government and its Ombudsman do not have a monopoly on integrity: o If it is appropriate for the Provincial Ombudsman to be appointed and paid by the Provincial Government, it is appropriate for municipal councils to appoint and pay for a qualified individual to investigate the appropriateness of a decision to close a meeting for a matter. o If the Province can be trusted to respect the work of their Ombudsman, Ontario's municipalities can be trusted to respect their municipal equivalent. We respect the Ombudsman's interest in open and transparent government, however we have a much greater appreciation for the degree to which municipalities conduct their affairs in full view of the public. Municipal councils address a wide variety of business through Council meetings and a relatively small number of those circumstances provide for closed meetings under the Municipal Act. These include matters pertaining to labour relations or employee negotiations; litigation or potential litigation; solicitor client privilege; security of property; personal matters about identifiable individuals, including employees; and proposed or pending acquisition or disposition of land. The vast majority of municipal debates and decisions occur in full view of the public, which is in sharp contrast to the Provincial and Federal Governments where most significant public policy decisions are made in closed Cabinet and caucus meetings, or in closed discussions between party representatives. AMO expects that it would be highly unlikely for a council to appoint a member of their municipal staff to this position, even though the legislation does permit it, and we have not heard of this happening. AMO is confident that municipal governments will consider the Act as it specifically speaks to impartiality, credibility, confidentiality, and Independence with respect to the Investigation process. AMO November 2, 2007 Contact: Pat Vanini Executive Director, (416) 971.9856, ext. 316, e-mail: pvanini @amo.on.ca March 31, 2008 F- 2008.14 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -14 Annual Statement of Remuneration and Expenses RECOMMENDATION: Niagarapalls For the information of the Municipal Council. That staff cone back with a report on the salart disclosures and expenses for all BACKGROUND: members of Hold Co todate. The attached statement of remuneration and expenses for the year ending December 31, 2007 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By-law #99 -22, By -law #2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. As per Council request, a chart showing the remuneration and expenses paid to Council members serving on the Niagara Falls Hydro Inc. Board of Directors has been attached, but is not included in the overall summary. A summary for 2007 is provided below: Recommended by: Approved by: Respectfully submitted: Todd Harrison, i .ctor of Finance r43110 een Street PO' Box 1023 .Niagara Falls ON,+Canada (:?E 6X5 X905 356 w �wwniagarafaHs ca 14, rden,,Executive Director of orporate Services Remuneration Expenses Total City Council $241,774.29 $41,574.96 $283,349.25 Committee of Adjustment 5,470.00 $1,670.40 $7,140.40 Niagara Falls Transit Commission 4,698.00 $0.00 $4,698.00 Committees Commissions $0.00 $2,261.39 $2,261.39 March 31, 2008 F- 2008.14 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -14 Annual Statement of Remuneration and Expenses RECOMMENDATION: Niagarapalls For the information of the Municipal Council. That staff cone back with a report on the salart disclosures and expenses for all BACKGROUND: members of Hold Co todate. The attached statement of remuneration and expenses for the year ending December 31, 2007 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By-law #99 -22, By -law #2002 -57 and By -law #2001 -252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. As per Council request, a chart showing the remuneration and expenses paid to Council members serving on the Niagara Falls Hydro Inc. Board of Directors has been attached, but is not included in the overall summary. A summary for 2007 is provided below: Recommended by: Approved by: Respectfully submitted: Todd Harrison, i .ctor of Finance r43110 een Street PO' Box 1023 .Niagara Falls ON,+Canada (:?E 6X5 X905 356 w �wwniagarafaHs ca 14, rden,,Executive Director of orporate Services Council Member Remuneration Travel Other Expenses* Expense Allowance Total Diodati, J. 19,719.00 0.00 4,343.49 456.80 24,519.29 Fisher, S. 19,719.00 0.00 212.40 101.80 20,033.20 loannoni, C. 19,719.00 532.36 4,430.21 438.00 25,119.57 Kerrio, V. 19,719.00 0.00 0.00 115.00 19,834.00 Mayes, B. 19,719.00 0.00 1,635.51 115.00 21,469.51 Pietrangelo, V. 19,719.00 0.00 2,028.35 40.00 21,787.35 Salci, T. 84,022.29 13,007.81 8,085.16 3,216.10 108,331.36 Thomson, W. 19,719.00 0.00 2,171.57 50.00 21,940.57 Wing, J. 19,719.00 0.00 575.40 20.00 20,314.40 TOTAL $241,774.29 $13,540.17 $23,482.09 $4,552.70 $283,349.25 March 31, 2008 2 2007 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL F-2008-14 includes inferno' cell phone expense Member Remuneration Expenses Total Antonio, C. $960.00 $310.50 $1,270.50 Cahill, M. 1,080.00 289.50 1,369.50 Collinson, J. 1,330.00 279.50 1,609.50 lorfida, S. 420.00 222.40 642.40 Mangoff, T. 180.00 0.00 180.00 Pietrangelo, V. 0.00 0.00 0.00 Prata, G. 1,200.00 456.50 1,656.50 Stranges, L. 300.00 112.00 412.00 TOTAL $5,470.00 $1,670.40 $7,140.40 Member Remuneration Expenses Total Di Giacomo, T. (Chair) $1,098.00 $0.00 $1,098.00 Stranges, L. 900.00 0.00 900.00 Carter, D. 900.00 0.00 900.00 Puttick, N. 900.00 0.00 900.00 Salci, T. 900.00 0.00 900.00 TOTAL $4,698.00 $0.00 $4,698.00 March 31, 2008 3 2007 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT F- 2008 -14 2007 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS TRANSIT COMMISSION Member Remuneration Expenses Total DeGiuli, A. 0.00 $35.00 $35.00 Devine, J. 0.00 292.66 292.66 Janvary-Pool, P. 0.00 35.00 35.00 Mascarin, P. 0.00 257.66 257.66 Schumacher, E. 0.00 35.00 35.00 TOTAL $0.00 $655.32 $655.32 Member Remuneration Member Remuneration Expenses Total loannoni, C. $333.34 $1200.00 $1533.34 Salci, T. $333.34 $150.00 $483.34 Thomson, W. $0.00 $450.00 $450.00 TOTAL $666.68 $1800.00 $2466.68 Member Remuneration Expenses Total Fotheringham, D. 0.00 $614.07 $614.07 March 31, 2008 PARK IN THE CITY 2007 STATEMENT OF REMUNERATION AND EXPENSES MUNICIPAL HERITAGE COMMITTEE 4 NIAGARA FALLS HYDRO INC. BOARD (Only Members of City Council are listed) F- 2008 -14 COMMITTEES/ COMMISSIONS (only members who received remuneration expenses are listed) Member Remuneration Expenses Total Akalu, K. 0.00 $267.00 $267.00 Buetter, B. 0.00 50.00 50.00 McLaughlin, C. 0.00 50.00 50.00 McCracken, P. 0.00 100.00 100.00 Smylski, B. 0.00 50.00 50.00 Harkness, J. 0.00 50.00 50.00 Heron, W. 0.00 50.00 50.00 TOTAL $0.00 $617.00 $617.00 Member Remuneration Expenses Total Berzins, M. 0.00 250.00 250.00 Fotheringham, D. 0.00 125.00 125.00 TOTAL 0.00 375.00 375.00 March 31, 2008 5 F- 2008 -14 2007 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEES/ COMMISSIONS (only members who received remuneration expenses are listed) ARTS CULTURE TRAILS BIKEWAYS COMMITTEE March 31, 2008 Members: Niagaraa CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: L- 2008 -09 Bell Canada Licence Agreement with the City John N. AIIan Park Kalar Road Our File No.: 2008 -50 RECOMMENDATION: That Council authorize a Licence Agreement with Bell Canada to permit the operation of a Bell Station on a portion of John N. Allan Park "subject property BACKGROUND: In 1997 Bell Canada requested to enter into an Agreement with the City with respect to an easement and licence over a portion of land in John N. Allan Park for the purpose of maintaining a Bell Canada telecommunications station. The subject property is approximately 154.7 square metres and is shown in black on the plan attached. The City is responsible for maintaining the property and Bell Canada has agreed to pay an annual maintenance fee of $496.00 plus G.S.T., continuing until March 1, 2017, at which time the maintenance fee will be renegotiated. Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Ken Beaman, City Solicitor K. E. Burden, Acting Director of Corporate Services h MacDonald, ChiefAdministrat Officer 3; iaga at Fa slOWCi nid aanaC 2f O QueerrStreef PO�Box 1023�NIagara4Eall l s ON Car ada' "L2E 6XSz "905 356 7521 www i!agarafalls ca R 5<.: to Y 1: i tsn r. s ...o-'f.• Working Together to Serve Our Community L- 2008 -09 Corporate Services Department Legal Services KALAR ROAD March 31, 2008 MW- 2008 -18 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -18 Edgewood Estates Subdivision Payment for Oversized Services RECOMMENDATION: NiagaraJ7alls That Council authorize the payment in the amount of $832,702.75 to 1473944 Ontario Ltd. in accordance with the terms of the Edgewood Estates Subdivision Agreement for the construction of oversized services. BACKGROUND: In the Spring of 2008 the City entered into an agreement with the developer of the Edgewood Estates Subdivision, (1473944 Ontario Limited) that included a cost sharing arrangement for the construction of the sanitary, storm drainage and water services that were oversized to accommodate adjacent development. In accordance with the terms of this agreement payment in the amount of $832,702.75 is to be paid to the developer upon satisfactory completion of the works. The final costs are based on actual constructed quantities and tendered unit prices. These funds are to be paid from the Development Charges Reserve account and have been identified in the 2008 Capital Budget. The City's Purchasing Policy requires any expenditure over $100,000 be approved by Council. Recommended by: Approved by: Respectfully submitted: R. Volpini S:IREPORTS12008 Geoff Hol an, Director of Municipal Works 2008 -18 900 ueen 5 treetPO k Boxy 1023 1NIagara ,FaIIsON {anadacL2E6X5 90535E i'75214wwwmagarafalls.ca; i Ed Dujlovic cutive Director of Community Services A LP MacDonald, Chief Administrative Officer gewood Estates Subdivision Payment for Oversized Services.wpd Community Services Department Working Together to Serve Our Community Municipal Works March 31, 2008 MW-2008-19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraJalls CANADA Re: MW- 2008 -19 2008 Asphalt Patching Contract City Wide Contract #2008 -19 1. That the unit prices submitted by the lowest tenderer, Circle P. Paving, be accepted, and; 2. that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean lorfida, opened tenders on Tuesday, March 11, 2008 at 1:30 p.m. for the above noted contract. Tender documents were picked up by four (4) contractors and four (4) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the contractors. 1. Circle P. Paving Stevensville 466,715.00 2. Economy Paving Niagara Falls 517,777.00 3. Rankin Construction Inc. St. Catharines 622,855.00 4. Norjohn Contracting Paving Niagara Falls 648,261.62 The lowest tender was received from Circle P. Paving in the amount of $466,715.00. This contractor has previously performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. 10 Queen ;Street f ox 1023 Ntaga a alts ON'C nade L`2E 6X5 905 356 -7521 www.niagarafalisca` Working Together to Serve Our Community Community Services Department Municipal Works March 31, 2008 MW- 2008 -19 The engineer's estimate for this contract was 550,000. Project Costs: Awarded Contract (excluding GST) 466,715.00 Total 466,715.00 Funding: 2008 Paved Surface Asphalt Patching (Account No. 11- 3- 311000- 040000) 267,383.00 System Maintenance Waterworks (Account No. 15 -3- 431000- 040000) 204,000.00 System Maintenance Sanitary Sewer (Account No. 16 -3- 411000 040000) 145 000.00 This project is scheduled to commence April 1, 2008 and all work is to carry through the 2008 season. Patching will be completed up to the budget amount utilizing the unit cost in the contract. Recommended by: Approved by: Respectfully submitted: Geoff Hal an, Director of Municipal Works Total 616,383.00 Ed Dujlovic, Executive Director of Community Service John :cDonald, ChiefAdministrativ &Officer C. Anders S: \REPORTS12008 Reports\MW- 2008 -19 Contract 2008 -04 2008 Asphalt Patching Contract.wpd March 31, 2008 MW- 2008 -08 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraaaaaaaaJ7alls Re: MW- 2008 -08 Kalar Road Reconstruction Project Tender and Construction Update RECOMMENDATION: 1. That Council authorizes staff to proceed with the tendering of the Kalar Road Reconstruction Project, and, 2. That Council approves the inclusion of a bonus /penalty clause in the tender document to ensure completion of this project by September 1, 2008. BACKGROUND: This project involves the improvement of Kalar Road from McLeod Road to Rideau Street including the replacement of the existing watermain and construction of a new storm sewer for the entire length. The Environmental Assessment (EA) process was completed in 2004 with the design of the preferred option commencing in 2006. The EA process identified road widening requirements necessary to construct the roadway to City standards. These properties have now been acquired. The design process involved obtaining permits from the MOE and NPCA, land acquisition for necessary road widening, co- ordinating utility relocation which will result in widening the current two lane roadway to a four -lane road configuration with appropriate left turn lanes and traffic signalization at the intersections of Kalar Road and McLeod Road, Coventry Road and Kalar Road and Kalar Road and Rideau Street/Forestview Boulevard. Extensive public and agency consultation took place throughout the Environmental Assessment and design process. An additional Public Information Center was held in July 2007 at the Kate S. Durdan /Loretto Catholic School in an effort to engage public participation. Staff received positive response to the project. One of the key concerns brought forward by the District,School Board of Niagara involved a potential conflict with the timing of their new school`'�Fdrestview Public School (opening in September 2008) and the construction schedut 431,Qu n5treet PO Box i023`INiagara"Falli7ON Caanada 02E 6X5 905 3567521 www.magarafalls ca Working Together to Serve Our Community =Comm March 31, 2008 2 MW- 2008 -08 It was initially anticipated that the project would commence in early January 2008 in order to be completed by September 2008 as the construction is expected to take eight to nine months to complete. Due to budget deliberations which will likely result in the final budget being approved in April, the construction is not likely to begin until May. This would require the construction schedule to be compressed in order to meet the September completion time line. There has been precedence set in past projects whereby a bonus /penalty clause is included in the tender giving the contractor the incentive to complete the project by a specified date rather than by a prescribed number of working days. Due to the safety concerns raised by the District School Board of Niagara, the preferred option would be for these works to be completed prior to the official opening of Forestview Public School in September 2008, which would require the tendering process to begin this month. Staff recognizes that this project has implications on this year's budget and represents an investment of approximately $7.1 million. We further acknowledge that up to $2.5 million of this cost is to be funded from debentures. The priority status of this project is expected to be considered by Council during the budget deliberations. Adoption of this staff recommendation does not commit the expenditure of any funds. Recommended by: Approved by: Respectfully submitted: Geoff Hol an, Director of Municipal Works Ed Dujlovic, Executive Director of Community Services n MacDonald, Chief Administrati('e Officer March 31, 2008 MW- 2008 -20 NiagaraJ3alls Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW- 2008 -20 2007 Water Distribution Subsystem Annual and Summary Report RECOMMENDATION: That this report be received and filed. BACKGROUND: The attached report is prepared in accordance to the Safe Drinking Water Act 2002 Ontario Regulation 170 /03(SDWA), effective May 17, 2003. For a drinking water system owned by a municipality, a copy of the report is to be given to members of Municipal Council before March 31, 2008 and posted on the City web page. Under the SDWA the owner of the distribution system is required to take weekly microbiological and chlorine water samples from their distribution system. These samples were taken from random locations throughout our distribution system so that we could obtain a good weekly representation of our system. In 2007 we conducted 1,329 regulatory microbiological samples and 1,894 chlorine samples; of these samples six locations had to be retested because the samples had exceeded the acceptable limits. These sites were flushed and retested showing clear results. In 2006 the City conducted 1,219 regulatory microbiological samples and 2,679 chlorine samples, the reduced number in chlorine samples is due to a mandated change in the sampling process; of these samples eight adverse water samples reported for 2006. In the summer of 2007 the City conducted voluntary lead testing as requested by the Ministry of Environment. During this testing we reported two lead levels in our distribution system that exceeded the maximum acceptable concentration. These sites were retested and were found to be clear. Trihalomethane and lead results conducted in 2007 were all within the maximum acceptable limit. 310 QueenStreet P( ox>1023Vgara 9:14 anada p 6X5 905 356 `www.magarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works MW-2008-20 Recommended by: Approved by: Respectfully submitted: Geoff Ho man, Diirctor of Municipal Works Ed Dujlovic, Executive Director of Community Services 2 Jo n acDonald, Chao' Administiative Officer S:IREPORTS12008 Reports\MW- 2008 -20 2007 Water Distribution Subsystem Annual Report.wpd March 31, 2008 CITY OF NIAGARA FALLS WATER DISTRIBUTION SYSTEM ANNUAL SUMMARY REPORT JANUARY 1, 2007 DECEMBER 31, 2007 Prepared by: City of Niagara Falls Municipal Works This report is prepared in compliance with section 11 and schedule 22 Ontario Regulation 170/03 made under the Safe Drinking Water Act 2002 (R.S.O. 2000). Water Distribution System The City of Niagara Falls purchases it's water from the Regional Municipality of Niagara through the Niagara Falls Water Treatment plant. The municipal water sources is a surface water supply from the Niagara River via the Welland River. The water is distributed to Niagara Falls residents through approximately 441 kilometres of City water mains and 39 km of Region water mains. The size of City of Niagara Falls water mains range in size from 25mm to 450 mm. The City of Niagara Falls water distribution system is a class 2 facility. Please refer to the Regional Municipality of Niagara report. Website www. regional. niagara. on. ca Operational Compliance The City of Niagara Falls has reviewed its procedures and have taken measures to assure compliance with all new regulations. Protocol for reporting indicators of adverse water quality, and making data and reports publicly available have been established and are being followed. To meet the standards the City samples from a minimum of 85 sites each month. Sampling sites represent a cross section of the city's distribution system. Samples are collected by staff members who have attained MOE certification as Water Distribution System Operator and or Water Analyst. Tests to comply to the Regulation are for Microbiological (Bacteria) indication of adverse water quality. Drinking Water Microbiological Test Standard Escherichia Coli (E. Coli) 0 Fecal Coliform 0 Total Coli forms 0 Heterotrophic Plate Count (HPC) <500 Additional Free Chlorine is required to be 0.05 mg. /litre or higher. When indicators of adverse water quality occur corrective measures and notification to the Ontario Ministry of Environment and the Medical Officer of Health are immediately undertaken. 1 Resampling, including adjacent sites and or fire hydrants is initiated, and where necessary flushing of water mains and increasing the chlorine dosages is carried out until water quality once again conforms to the Regulation. DEFINITIONS, ABBREVIATIONS TERMS MAC Maximum Acceptable Concentration This is a health related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment. Revised January 2001. PIES #4065e. Page 2.) mg /L milligrams per litre (parts per million) cfu/100 mL Colony Forming Units per 100 millilitres of sample ug/1 micrograms per litre (parts per million) Less than Greater than Microbiologicalparameters (ie. bacteria) the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous water -boume diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment.) Total Coliform the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment.) Escherichia coli (E. coli) a sub -group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indications of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment) Background Count the bacteria content in water which can be used to measure water quality deterioration in distribution systems. (Ministry of Environment. Method MFMICRO E3371.) Heterotrophic Plate Count (HPC) an estimate of the number of background bacteria present in th distribution system. It is not an indicator of fecal contamination, but more a 2 Microbiological Parameters MAC or IMAC Number of Samples Number of Detectable Results Sampling Dates Range Number of Exceedances Comments Total Coliforms (counts /100m1) 1329 8 Jan. 1/07 Dec. 31/07 Not Applicable pp 6 Indicates possible presence of fecal matter E -Coli (counts/100m1) MF 1329 0 Jan. 1/07 Dec. 31/07 Not Applicable 0 Definite indicator of fecal contamination Fecal Colif MF 1329 0 Jan. 1/07 Dec 31/07 Not Applicable 0 Definite indicator of fecal contamination HPC _r_ 1 <500 1329 448 Jan. 1/07 Dec. 31/07 >500 3 Possible indicator of deteriorating water quality general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial regrowth in the distribution system. Trihalomethanes (THM's) The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg /L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Lead Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from pluming in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. First flush water at the consumer's tap may contain higher concentrations of lead then water that has been flushed for several minutes. Drinking Water Quality Standards maximum allowable limits: Lead 10 ug/I Trihalomethanes 100 ug /1 CITY OF NIAGARA FALLS WATER DISTRIBUTION SYSTEM ANNUAL SUMMARY REPORT For the period January 1, 2007 through December 31, 2007 Note: The information used to complete the above table was eported by E3 Laboratories. 3 Parameters Related to Microbiological Quality '4 t E Number of Samples Number of Detectable Results Sampling Dates (weekly daily) Range mg /L Number of Exceedances Comments Free Chlorine System (mg/1) 100 1894 1894 Jan.1 /07 Dec.31 /07 0.05 1.22 0 Recommended level of at least 0.2 mg/L not an adverse result unless less than 0.05 mg /L Chemical Parameters MAC Number of Samples Number of Detectable Results Sampling Dates Range ug/L Number of Exceedances Typical Source of Contaminant Trihalomethane 100 4 0 2007 -03 -14 14 0 Bi- product of (ug /L) 2007 -06 -20 33.8 Chlorination 2007 -09 -20 2007 -12 -13 lead 10 3 0 2007 -06 -20 0.5 0 Naturally (ug/L) 2007 -03 -14 3.2 occurring 2007 -09 -20 CHLORINE RESIDUALS SUMMARY 2007 era ors *note: In January of 2007, the Ministry of Environment inspector noted that on December 23, 2006 and December 29, 2006, there was a failure to take the required daily chlorine residuals in the distribution system. These results were not noted in the 2006 Annual Report because the report was completed prior to the Ministry of Environment inspection. TRIHALOMETHANE LEAD RESULTS SUMMARY 2007 4 Location Address Sample Date Collected Membrane Filtration Count CFU 100m1 HPC* Count Chlorine Residual mg/L Corrective Action Taken Total Coliforms Fecal Coliform CFU /ml Betty's Restaurant Sodom Rd 07/01/15 192 0 43 0.56 Hydrant flushed —water sample taken up and down stream Jan 16 17/07 All results are now clear. 6036 Synvnes St 07/02/26 3 0 21 0.77 Flushed and re- sampled up and downstream. Re- sampled up and downstream Feb 27 Feb 28/07. All results are now clear. 4437 Ellis St 4430 Ellis St 07/03/16 0 1 0 0 1 3 0.66 0.57 Flush watermain, water sample and chlorine residual up and downstream Mar 17 18/07. All results are now clear. 6755 Fallsview Blvd Sheraton Fallsview 07/04/02 1 0 21 0.85 Hydrant flushed water samples and chlorine residual up and down stream. Re- sample and chlorine residual up and down stream April 3& 4/07. All results have been achieved. 5706 Ferry St Super 8 Motel 07/04/23 1 0 1 0.70 Re- sampled at location, took samples up and down stream, April 24 &25/07. All results are now clear. 6374 Fallsview Blvd Tony Roma's Restaurant 07/08/13 1 0 6 0.73 Flush hydrant at this location, sample up and down stream August 15 16/07. Final results from lab indicate all clear. ADVERSE WATER SUMMARY AND CORRECTIVE ACTION, 2007 5 Location Address Sample Date Collected LEAD ADVERSE pH Alkalinity Corrective Action Taken Temp. Lead ug /I Hydrant 2258 Carroll Ave 07/06/19 21.5 88.8 ug /l 8.01 76 Hydrant was flushed and resampled. Results from lab indicated that lead level is below the acceptable limit. Hydrant 2264 07/06/19 21 51.4 ug /1 7.94 78 Hydrant was flushed and resampled. Results from lab indicated that lead level is below the acceptable limit. Annual Summary Report 2007 The City is now required to take lead samples and report adverse results from the distribution system sample hydrant as of December 15, 2007. (Note 1) C:LDocunents and Settings mt2221Local Setting \TempaXPgrpwise \Water Distribution Summary Report 2007.wpd 6 March 31, 2008 R- 2008 -07 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraaaaaaaaaftalls C A N A D A Re: R- 2008 -07 Baden Powell Park Tall Prairie Grass Regeneration Program That City Council receive the information on the Tall Prairie Grass Regeneration Program at Baden Powell Park as part of the ongoing ecological restoration of the park. BACKGROUND: In April 2007, the Lands and Forests Consulting firm conducted a regeneration program at Baden Powell Park (Council Report R- 2007 -06). This was the second regeneration program since the ecological restoration project at Baden Powell Park began in 1997. The ecological plan outlines that a 'prescribed or controlled burn' is a part of the long term management of this ecological restoration program. This 3.2 Ha. (8 Acre) project area was planted with Tall Prairie Grass including the rare Big Blue Stem and Indian Core Prairie Grass Species. In order to establish and enhance this ecologically sensitive species, a `prescribed or controlled burn' is required every five to eight years. Staff was advised in 2007 that another prescribed burn within a year would be required to ensure proper regrowth. This form of restoration work is only viable when completed in the Spring due to species specific grasses. Lands and Forests Consulting firm conducted the first two regeneration programs (1999 and 2007) and will be contracted to conduct the prescribed burn again this Spring. The consulting firm has performed prescribed burns throughout Ontario municipalities for the past 30 years with excellent results. The burn will be scheduled, weather permitting, in April 2008. Queen StreetP06oxi1023s NlagarasFalls ON CanadazL2E.6X5 ,905 356 7521 wwwmagarafalls ca; Working Together to Serve Our Community Community Services Department Parks, Recreation Culture March 31, 2008 Recommended by: Approved by: Respectfully submitted: Denyse J ti nt /1440,4s. Ed Dujlovic, Executive Director of Community Services 'ry MacDonald, Chief Administrative Officer S:1Council\Council 20081R- 2008 -07 Baden Powell Park Tall Paririe Grass Regeneration Programl.wpd R- 2008 -07 orrissey, Director of Parks, Recreation Culture March 31, 2008 R-2008-08 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by: Respectfully submitted: Attachments S. Hamilton &Council NiagaraJalls C A N A 0 A Re: R- 2008 -08 Proposed Arena Rates Fees 2008/2009 RECOMMENDATION: That City Council approve the attached fees contained in Schedules 1 and 2. BACKGROUND: The fees charged for the use of recreation facilities provide offsetting revenue for the tax payer subsidized cost of operating community arena facilities. The annual operating costs of recreation facilities (i.e., arenas) generally increase each year as result of the increased costs of utilities, maintenance, as well as annual adjustments to wages. Staff is recommending that an ice rental fee schedule based on a 3% increase for hourly ice rentals (non -prime and prime time) be approved for the 2008/2009 ice season or May 1, 2008 to April 30, 2009. A 3% increase is recommended for the rental fees for Community Meeting Rooms and Special Event Rentals. A comparison of ice fees charged in 2007/2008 by other municipalities in the Niagara Region is attached. hh hx 144"..4 Deny4e Morrissey, Dire• or of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Administrate e Officer a w.^-• -use x.� s OQtteen Street aPOs8oxs1023 Niagara Falls t0l anada i€%xs 9053567521 wwwmagarafalis'ca 2008 -08- Proposed Arena Rates Fees 2008 2009.wpd Working Together to Serve Our Community Community Services Department Parks, Recreation Culture 141140 Education Rate for Schools (Mon. Fri. 8 AM 11 AM) $65.00 all rates include $10/hr `facility surcharge fee" all figures include a surcharge calculated at $10.00/hr (GST included) Jr. B hours charged at S109.33 Jr. 13 $108.49 School (Phys. Ed) $28.30 School (Games) $94.34 Preferred Prime Time Rate (after booking over 100 hours) $131.43 after midnight rate is 147.52 next season all prime rates for youth and adults will be the same 00 3)51 1uaptsal -uou Pre Season Mid Aug. Mid Sept. Jr. 13 $119.00 (all rates include $3 ice re- surfacing fee) After April 30, 2008 all rates increased 15% aammng 8it 9 58'L91 V/N 9Cb9I$ V/N V/N 006E18 Non- Resident N/N Zb V 60Z$ V/N 56091$ V/IN S06fI V/N Youth Non Prime 66'178$ EEIL$ 68 E£ £S$ 80'1.118 1 06101$ amud ylnoA 1 £'9171$ 617 bE176$ LS'8015 $117.08 9t 9Z15 Adult Non Prime 66 9E6015 LL'£01$ 61'91.5 802115 1 061015 5106.00 Adult Prime CO Lel VD CA 1760515 v VI Le Z6 E915 1 L99ZI$ sped ;o 00 NI Z *St. Catharines (rates effective until June 30, 2008) (July 1 August 30 all rates at prime) Niagara Falls (rates effective April 30, 2008) Port Colborne (rates effective Jan. 1 Dec. 31, 2008) Fort Erie (rates effective Jan. 1 Dec. 31, 2008) Pelham (Rates effective to Sept), 2008) Niagara -on- the -Lake (rates Sept. 07 April 08) Welland (May 1, 2007 April 30, 2008) cri at ctl unities that charge Adult and Youth the same Prime and Non-P (MEETING ROOMS Z GSSi5°lo,. Blueline Room,Chippawa Community Room, Stamford Upper Room 3,031 5") Man Community Group Meetings 181.53 N/C N/A N/A Community Groups Generating Profit from Youth Prime Time Ice Rental Clinics/Workshops, Special Events,Sale of 93.31 4.67 97.98 Alcoholic Beverages, etc. Adult Non -Prime Time Ice Rental Commercial Use Meeting 5.63 101.99 5.10 107.09 Birthday Parties 1 50.60 2.53 53.13 1 1 Z GSSi5°lo,. MPITAIR Adult Prime Time Ice Rental 172.89 8.64 181.53 Youth Prime Time Ice Rental 111.75 5.59 117.34 Adult Non -Prime Time Ice Rental 112.61 5.63 118.24 Youth Non -Prime Time Ice Rental 73.47 3.67 77.14 l Summer Ice Rental 172.89 8.64 181.53 Non Resident Prime Time Ice Rental 215.73 10.79 226.52 Adult Floor Rental 56.10 2.81 58.91 Youth Floor Rental 53.43 2.67 56.10 Non Resident Floor Rental 67.31 3.37 70.68 SCHEDULE 1 HOURLY ICE FLOOR RENTALS ICE HOCKEY,BALL HOCKEY AND LACROSSE MAY 1 2008 APRIL 2009 NOTE: :Non Prime hours are all hours before 5p.m. Monday to Friday, as well g as the last available hour at each Arena Sunday to Thursday during the Winter season. Statutory holidays are charged at the Prime rates. Summer Ice Rates are applicable from May 1st through Labor day. Organizations serving Alcoholic Beverages must comply with the City's Alcohol Risk Management policy. W j c c N 0 rn 3 0_ a U ou m c co V (9 E 03 co To c N O E a� N (0 LL (U O) (0 Z J F 0 F- N CO 0 0 N 0 0 6 r. N V3 O O 6 10 0 0 6 O O C 69 Cr) 0 0 O F» 0 0 6 O CO 49 0 O 6 10 CO 0 6 r V) 0 O O O O 0 O 1 0) O O Ln 07 O O 6 O fA O 0 O co O 49 O O 6 co ER 69 am a a U O O 'O a m H N To a c a N C 3 a o a g c a o S u U w '2 t, a c 0 r;:$. w p 2 G N C c a a c z o c m a w O L cis a m a rn m p E L d a a C a 2 y C To c o E E O c o 0 3 E g p E o C a V a C T W R O 1 2: i0 a a o v b Y O f a o y L 'O a A (q U U L a) a O E o u N a a LL Q 3 N March 31, 2008 R- 2008 -09 r His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -09 2008 Special Events Agreement RECOMMENDATION: Niagaraj7alls That the Mayor and Clerk be authorized by Council to sign all Agreements related to the various events being held at the Niagara Falls Memorial Arena in 2008. BACKGROUND: A number of special events are currently scheduled to be held at Niagara Falls Memorial Arena in 2008. Several of these events are recurring events that have taken place in the Arena for many years. As has been the practice in the past, staff negotiates all arrangements with the event organizers using a standardized rental agreement developed by the City's Legal Services. The following events will require Agreements and execution by -laws: Festival of Lights Concerts Garden Brothers Circus Shrine Circus Festival Concerts Festival Cheerleading May 1 -3, 2008 June 20 -22, 2008 July 14, 2008 November 30 December 4, 2008 December 5 -7, 2008 1023EN14gara faff oN Canada"L2E 6X5 905 356- 7521 Working Together to Serve Our Community Community Services Department Parks, Recreation Culture March 31, 2008 2 R- 2008 -09 Recommended by: Approved by: Respectfully submitted: �x Mu yK s Denyse jtrlorrissey, Director of arks, Recreation Culture Ed Dujlovic, Ex utive Director of Community Services SH /das S:1Council \Council 2008 \R 2008 -09 2008 -dal Events Agreements.wpd 6n 44 Jo MacDonald, Chief Administrative Officer March 31, 2008 R-2008-10 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -10 Amendments to the Municipal Alcohol Risk Management Policy RECOMMENDATION: NiagaraJalls C A N A D A That City Council approve the amendments to the Municipal Alcohol Risk Management Policy. BACKGROUND: The Municipal Alcohol Risk Management Policy was developed and approved on February 14, 2005. As stated in the Policy section10.0 Policy Monitoring and Revisions "That the policy be reviewed every year by the City of Niagara Falls Senior Management staff and reported to the City of Niagara Falls Council with suggested policy changes, if required." Staff has reviewed the policy and recommends amendments. The following two general updates and revisions were made to the existing Policy: The information included in section 3.0 Certification /Training Smart Serve Program was expanded. It specifies that in order to rent a City facility organizations must utilize bartenders, tickets sellers, floor monitors who have a valid Smart Serve Ontario certificate as issued by Smart Serve Ontario. The required insurance for alcohol events has been increased to five million dollars from two million dollars. This increase to insurance was also recommended by our insurance company. The recommended amended policy is attached. 3 Quee St eet,PO Box- 1023Ntagara,{ c ON?CanadanL2E.6X5 905 36 7521 www.nlagarafalls ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture March 31, 2008 Recommended by: Approved by: Respectfully submitted: Attachment s t ,44^ 4A th o YM 5y-7 Denysefrlorrissey, Dire or of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services R- 2008 -10 o�MacDonald, Chief Administrative Officer S: ICouncillCouncil 2008\R- 2008 -10- Amendments to the Municipal Alcohol Risk Managment Policy.wpd THE CORPORATION OF THE CITY OF NIAGARA FALLS MUNICIPAL ALCOHOL RISK MANAGEMENT POLICY MAY 1, 1996 (Revised February 14, 2005) 2 revision March 31, 2008 Alcohol Policy No. 1000.40 TABLE OF CONTENTS Preamble 1 1.0 Purpose of the Policy 2 2.0 Areas Designated for Conditional Use of Alcohol 2 3.0 Certification /Training 3 Smart Serve Program 4.0 Controls 4, 5 5.0 Statement of Intoxication 6 6.0 Accountability and Signage 7 7.0 Safe Transportation 8 8.0 Penalty 8 9.0 Enforcement Procedures for Policy Violations 8, 9 10.0 Policy Monitoring and Revisions 9 11.0 Applications 9 12.0 Insurance Policy 9 13.0 Noise Policy 10 Appendix "A" Special Occasion Permit (S.O.P.) Catering Endorsement Holder Agreement Appendix "B" S.O.P. Accountability Appendix "C" S.O.P. Holder Certified or Trained Event Workers Appendix "D" Areas Designated for Conditional Use of Alcohol Appendix "E" City of Niagara Falls and Special Occasion Permit and Catering Endorsement Holder Event Evaluation Form PREAMBLE: CITY OF NIAGARA FALLS MUNICIPAL ALCOHOL RISK MANAGEMENT POLICY The City of Niagara Falls owns and manages facilities where alcohol consumption is not permitted, and other facilities where alcohol consumption is permitted under the authority ofa Special Occasion Permit or Catering Endorsement. The City of Niagara Falls has developed this Municipal Alcohol Risk Management Policy in order to: 1) prevent alcohol related problems that may arise from alcohol consumption within its' facilities, and 2) to promote a safe, enjoyable environment for those who use these facilities. A range of problems can arise from alcohol consumption. These problems can affect not only the person or persons consuming alcohol, but other people who use the facilities, and the general public. These problems may include: Injuries to drinkers or other individuals Liability action arising from alcohol related injuries or deaths Loss of insurability should the insurer's risk assessment escalate Increased insurance rates as a result of alcohol related incidents Suspension or Loss of alcohol permit privileges by the Alcohol and Gaming Commission of Ontario (A.G.C.O.) Charges laid against the City under the Liquor Licence Act Police being called to municipal property Vandalism and destruction of City property Loss of enjoyment by non drinkers and moderate drinkers Complaints lodged by offended parties Reduction in use of facilities by people concerned about alcohol consumption Loss of revenue due to reduced participation Increased public concern about alcohol consumption In most cases, these problems will not be attributable to moderate drinkers, or to those who respect the rules regarding alcohol consumption. The majority of these problems arise from drinkers who engage in four specific drinking practices: Underage drinking Drinking in unlicenced areas Drinking to intoxication Drinking and driving To the extent that these four drinking practices can be reduced, the likelihood of alcohol related problems will correspondingly diminish. For those who do not engage in these targeted drinking practices, the policy will be minimally intrusive. The policy is not intended to stand in opposition to legal and moderate drinking. 1 1.0 PURPOSE OF THE POLICY The Municipal Alcohol Risk Management Policy consists ofa range ofmeasures designed to prevent alcohol related problems and to increase the enjoyment of those who use City facilities. By reducing the potential for alcohol related problems, the City of Niagara Falls concurrently reduces users' loss of enjoyment of the facilities, reduces the risk of injury and death, reduces the risk of liability actions, and also reduces the users loss of enjoyment of the facilities. 2.0 AREAS DESIGNATED FOR CONDITIONAL USE OF ALCOHOL The consumption of alcoholic beverages is prohibited in the majority of City facilities. Niagara Falls City Council may change the designation of any site at their discretion. The following municipal facilities are eligible to be designated as suitable for Special Occasion Permit and Catering Endorsement (S.O.P.) functions: Niagara Falls Memorial Arena Stamford Memorial Arena Jack Bell Arena Chippawa Willoughby Memorial Arena MacBain Community Centre Oakes Park W.L. Houck Park M.F. Ker Park C.W. Palmer Park Chippawa Lions Park City I-Iall Centennial Square Firehalls: Chippawa Station #4 Crowland Station #6 Service Centre Firehall Theatre Lundy's Lane Historical Museum Coronation 50 Plus Senior Centre Niagara Falls Main Library Municipal streets as approved by Council Each facility is specified in Appendix "D 2.1 That all other Municipal Owned properties shall not host Special Occasion Permit (S.O.P.) or Catering Endorsement Events. They are known as: All outdoor Municipal Pools shall not host Special Occasion Permit or Catering Endorsements Events as they are not an approved area for a gathering All dressing rooms at arenas and field houses at parks E.E. Mitchelson and Kalar Road Soccer fields as they are Youth Oriented Facilities All other open green areas, namely municipal parks and playground areas owned and maintained by the Corporation of the City of Niagara Falls All Municipal Works Areas Niagara Falls Library branches with the exception of the main Library 2 3.0 CERTIFICATION /TRAINING: SMART SERVE PROGRAM In order to rent a City of Niagara Falls facility for a Special Occasion Permit, the event sponsor must utilize bartenders, ticket sellers, floor monitors, etc. with certification from a recognized Ontario based server program. Proof of certification or training must be provided two (2) weeks prior to the event. The SMART SERVE Program (formerly known as SIP) prepared by the Hospitality Industry Training Organization of Ontario, is approved by the A.G.C.O., and is endorsed by the Ministry of Consumer and Commercial Relations. It introduces participants to the following topics: Alcohol and the Law Facts about Alcohol Standard Drink Concept Managing the Intoxicated Person Drinking Rates and Limits Establishing House Policies Signs of Intoxication The municipality, by requiring the presence of trained monitors, servers and ticket sellers at alcohol related events, is better able to discharge its responsibilities as the owner of the facility. Caterers and licenced stadia are required by law to have all personnel trained by a recognized Ontario based server program. For information on the Smart Serve program call (416) 695 -8737 or toll free at 1- 877 620 -6082. Training is available on -line www.smartserve.org. 3 4.0 CONTROLS In order to be eligible for a facility permit for a S.O.P. function, the sponsor must demonstrate, to the satisfaction of the Director of Parks, Recreation and Culture or his /her designate, that there are sufficient controls in place to prevent intoxicated or rowdy people from entering the event, and that the aforementioned participants will be refused service and escorted safely from the event. These controls will include: 4.1 That only an age of majority card, a photo driver's licence, military identification, or a passport as identification be accepted for being served or consuming alcohol. 4.2 That all entrances and exits to the event be supervised. 4.3 That a ratio of one (1) floor monitor for every fifty (50) participants be utilized. 4.4 That with a minimum of one monitor, who must be trained, the area outside the licenced area at the event be patrolled as per A.G.C.O. regulations. 4.5 That a limit of four (4) drink tickets be permitted to be purchased by one person at any one time. All unused tickets are redeemable. 4.6 That a limit of four (4) drinks be served to one person at any one time. 4.7 That there be no "last call" announced. 4.8 That single fence of minimum height of four (4) feet high being securely erected will be allowed if the Alcohol and Gaming Commission regulations on the specific permit allows for minors to be present within the permits' designated area, further that if minors are not allowed under Alcohol and Gaming Commission permit, then double fencing of a minimum height of four (4) feet, securely erected will remain a requirement. 4.9 That non alcoholic beverages and food be available at all times. Snacks such as chips, peanuts or popcorn are not acceptable as a food option. It is recommended that non alcoholic beverages be provided at no charge or at cost significantly lower than alcoholic beverages. 4.10 That 50% ofbottle and draft beer served be classified as "light and be posted with the S.O.P. permit. 4.11 That no high alcohol (greater than 5 beer be sold. 4.12 That alcohol not be offered or given as a prize in a contest. 4.13 No Advertising of the Sale of Alcohol at the Events is permitted at facilities that are frequented by youth. 4.14 That any beverages being served at a S.O.P. function will be served in plastic or paper containers. 4.15 That no marketing practices which encourage increased consumption, i.e., oversized drinks, double shots, pitchers of beer, drinking contests, volume discounts, will be permitted. 4 4.16 That Parks, Recreation Culture reserves the right to require the presence of off -duty police officers /security staff to be present for the duration of the event, the cost to be bome by the applicant. Event Worker Control Responsibilities: 4.17 That all event workers (monitors, bartenders, servers and ticket sellers, etc.) must be of the age of majority, and certified by a recognized Ontario based server program or trained through the City of Niagara Falls. 4.18 That all event workers (monitors, bartenders, servers, and ticket sellers, etc.) must refrain from consuming alcohol prior to and during the event. 4.19 That all monitors, bartenders, servers, and ticket sellers, acting in official capacity at the event, must wear an I.D. name tag approved by Parks, Recreation Culture. Sponsor /Event Organizer Control Responsibilities: 4.20 That the sponsor provide a list of monitors, bartenders, servers and ticket sellers with their proof of certification or training when application is made for the special event, and that such list shall be posted with the group's S.O.P. See Appendix "C" 4.21 That the person whose name is on the S.O.P. be certified from a recognized Ontario based server program or receive training through the City of Niagara Falls. 4.22 That any incident or violation of the Municipal Alcohol Risk Management Policy which may endanger participants at the S.O.P. function, or off the premises of the S.O.P. function, shall be the responsibility of the S.O.P. permit holder. 4.23 That the person signing the S.O.P. must be present at the event, or his /her designate(s) (who shall be named) being the person(s) responsible for the event. 4.24 The person signing the S.O.P. or his /her designate is responsible for decision making during the event, and therefore, must refrain from consuming alcohol prior to or during the event. 4.25 That the S.O.P. permit holder has the right to refuse admittance to persons who are under age, or to an individual who appears intoxicated. 5 5.0 STATEMENT OF INTOXICATION Signs will be displayed indicating that it is illegal to serve participants to a state of intoxication. The sign will be placed near the serving area in each licensed facility and will read: CITY OF NIAGARA FALLS COMMUNITY SERVICES DEPARTMENT It is against the Liquor Licence Act of Ontario for licensed establishments to serve customers to intoxication. Servers in our facilities are required to obey the law and not serve anyone to intoxication. We believe that people use our facilities for enjoyable social gatherings, and we are happy to provide this opportunity. Should you wish a non alcoholic drink, request a soft drink, coffee or other alternative. Should you wish a smaller portion of alcohol, request a low- alcohol beer, wine or mixed drink. RATIONALE It is a Provincial Offence to serve someone to intoxication. Provisions in the Liquor Licence Act authorize servers of Liquor to cut off over indulgent consumers. Individuals /groups named on Special Occasion Permit or Catering Endorsements and facility owners are responsible for the safety and sobriety of the people attending the event. 6 6.0 ACCOUNTABILITY AND SIGNAGE Signs must be prominently posted at all Special Occasion Permit and Catering Endorsement functions informing the public where they can direct their concerns. The sign will name the sponsor of the event, the name of the Special Occasion Permit or Catering Endorsement holder, the addresses and telephone numbers of the City of Niagara Falls Parks, Recreation Culture, the Niagara Regional Police and the Alcohol and Gaming Commission. Additional signs identify the need for a permit and it is against the law to serve a person beyond the point of intoxication. Depending on the final designation, the minimum requirements for the sign size shall be 24 inch wide by 14 inches high. There shall be uniformity in the signs outlining: Sign "A" Event Sponsor Name of Special Occasion Permit or Catering Endorsement Holder City of Niagara Falls Parks, Recreation Culture 7150 Montrose Road, Unit 1, Niagara Falls, Ontario L2H 3N3 Telephone: (905) 356 -7521, Extension 3330 After Hours: (905) 356 -1355 RATIONALE Niagara Regional Police Service 4343 Morrison Street Niagara Falls, Ontario (905) 688 -4111, Ext. 3338 Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue E., Suite 200 Toronto ON M2N 0A4 (416) 326 -8700 1- 800 -522 -2876 Toll Free in Ontario Sign "B" Alcohol Beverages by Special Occasion Permit or Catering Endorsement Only Violators immediately forfeit all rights to the use of facility. Sign "C" No Alcohol Beverages Permitted Violators immediately forfeit all rights to the use of facility. It is not possible for the police and Liquor Licence Inspectors to check on all Special Occasion Permit and Catering Endorsement functions. The signs serve notice to the permit holder that while enforcement personnel may not attend the event, concerned participants will know where to lodge a complaint. 7 7.0 SAFE TRANSPORTATION That only individuals, groups or organizations implementing a safe transportation strategy involving a designated driver program combined with an additional alternate home transportation option (to prevent intoxicated participants from driving) be permitted rental /use privileges of facilities for Special Occasion Permit and Catering Endorsement functions. Examples: Designated Driver Program to be advertised at event Designated Driver to be identified to servers and monitors Designated Driver to receive free or low cost non alcoholic drinks (i.e. coffee, pop, juice) Intoxicated person to be driven home by a sober friend whom will assume the responsibility of the intoxicated person and that the details be so documented by the Licensed Group or be provided with a taxi ride home. 8 0 PENALTY Any individual or group bringing alcohol onto designated municipal properties must have a Special Occasion Permit or Catering Endorsement. Special Occasion Permit or Catering Endorsement Holders violating city policy and procedures and/or the Liquor Licence Act may be refused future rental privileges. Future rentals to such individuals or groups will depend on them demonstrating to the Director of Parks, Recreation Culture or designate and City Council that all the rules will be followed at future functions. RATIONALE Policy violators must be penalized so as not to jeopardize the use of the facility by other responsible organizations or individuals. The Alcohol and Gaming Conunission of Ontario has the authority to refuse to issue Special Occasion Permit or Catering Endorsements for a particular premise if there has been evidence that the laws had been violated during the event. 9.0 ENFORCEMENT PROCEDURES FOR POLICY VIOLATIONS 9.1 A violation of this policy occurs when the Special Occasion Permit or Catering Endorsement holder fails to comply with the conditions of the Liquor Licence Act of Ontario, or the Municipal Alcohol Risk Management Policy. Intervention can be initiated by a participant at the event, a City of Niagara Falls staff member, a member of Niagara Regional Police, or an Inspector of the Liquor Licence Board of Ontario. 9.2 A member of the organizing group, the S.O.P. holder, or monitor may intervene by informing the offending individual(s) of the policy violation and asking that it stop. Group members, the S.O.P. holder, and monitors are encouraged to intervene in this way because intervention at other levels could result in a Loss of privileges and legal charges. 9.3 A City of Niagara Falls staff member will intervene whenever he or she encounters a 8 violation of the policy. Depending upon the severity of the policy infraction, City of Niagara Falls staff may ask the organizers of the event to stop the violation, or they may close down the S.O.P. portion of the event. Should the organizers fail to comply, staff members may call the police for enforcement. 9.4 Where the Special Occasion Permit or Catering Endorsement holders have violated the Municipal Alcohol Risk Management Policy, and have been warned by a City of Niagara Falls staff member, the sponsoring organization will be sent a registered letter advising of the violation, and indicating that no further violations will be tolerated. 9.5 Should the Special Occasion Permit or Catering Endorsement holder violate the policy within one year of receiving notice of their first violation, the organizers will be suspended from Special Occasion Permit or Catering Endorsement privileges at all municipal facilities for a period of one year. A registered letter will be sent to the S.O.P. holder and sponsoring organization advising of the suspension. A copy of the suspension letter will be provided to Niagara Falls City Council. 9.6 A member of the Niagara Regional Police or an Inspector from the Alcohol and Gaming Commission of Ontario may intervene in a violation of this policy on his or her initiative, or in response to a request from either a City of Niagara Falls staff member or a member of the general public. Depending upon the severity of the infraction, charges may be Laid under the Liquor Licence Act of Ontario, or any other relevant legislation. 10.0 POLICY MONITORING AND REVISIONS That the policy be reviewed every year by the City of Niagara Falls Senior Management staff and reported to the City of Niagara Falls Council with suggested policy changes, if required. 11.0 APPLICATIONS Liquor Licence applications are approved by the A.G.C.O. All groups wishing to utilize a City owned facility for the serving of alcohol at a special event must also obtain approval from City Staff. Applications for use of City facilities can be obtained from the Parks, Recreation Culture office. The forms should be completed and submitted to the Parks, Recreation Culture office 21 days prior to the event. 12.0 INSURANCE POLICY Individuals or groups sponsoring a Special Occasion Permit or Catering Endorsement function at a facility listed in the Municipal Alcohol Risk Management Policy, must show proof to the Director of Parks, Recreation Culture or his /her designate at least two (2) weeks prior to the event, that they have a minimum of $5000,000.00 Liquor liability insurance coverage and that the City of Niagara Falls is named as co- insured. The permit holder will indemnify and save the City of Niagara Falls harmless from all claims arising from the permit or event. 9 13.0 NOISE POLICY That the Special Occasion Permit and Catering Endorsement be also governed by the Municipal Noise Bylaw 2004 -105. As per the aforementioned by -law, the playing of music either by band, DJ, radio or other forms at special events held outdoors, sanctioned by a Special Occasion Permit or Catering Endorsement on Municipal Property, cease by 9:00 P.M. each day that their Special Occasion Permit or Catering Endorsement covers. The process for requests for exemptions under the Municipal Noise Bylaw are outlined under Section 7 of said by -law (By -law 2004 -105) and require, amongst other requirements, a written application with full particulars and supporting documentation to the Chief Building official. 10 APPENDIX "A" Special Occasion Permit (S.O.P.) or Catering Endorsement HOLDER AGREEMENT (please print) NAME OF ORGANIZATION NAME OF PERMIT HOLDER CERTIFICATION SIGNATURE: Address: Phone No. Date: 1. The Permit Holder has received and reviewed a copy of the Municipal Alcohol Risk Management Policy. 2. The Permit Holder agrees to adhere to the conditions of this policy and the Liquor Licence Act of Ontario. 4. The Permit Holder understands that they can be held liable for injuries and damage arising from failure to adhere to the Liquor Licence Act of Ontario, or from otherwise failing to take action that will prevent foreseeable harm from occurring. 5. The Permit Holder understands that the Police and /or a Liquor Licence Inspector can lay charges for infractions of the Liquor Licence Act of Ontario or other relevant legislation. OFFICE USE Agreement received by: Day /Month/Year The Permit Holder understands that if an infraction of the policy occurs, the City of Niagara Falls may warn or suspend the organization from A.G.C.O. permit privileges to use City facilities for one year. Pennit Holder Parks, Recreation Culture 11 Facility Owner Regional Police A.G.C.O. Alcohol Gaming Commission of Ontario 90 Sheppard Avenue E., Suite 200 Toronto ON M2N 0A4 Telephone: (416) 326 -8700 Toll Free in Ont: 1- 800 -522 -2876 APPENDIX "B" S.O.P. ACCOUNTABILITY Name of Group Sponsoring Event Name of Special Occasion Permit or Catering Endorsement Holder Address and Phone Number of Permit Holder City of Niagara Falls Parks, Recreation Culture 7150 Montrose Road, Unit 1, Niagara Falls, Ontario L2H 3N3 Telephone: (905) 356 -7521, Extension 3330 After Hours: (905) 356 -1355 Niagara Regional Police Service 4343 Morrison Street, Niagara Falls, Ontario L2E 6Z9 Telephone: (905) 688 -4111 Ext. 4220 12 CERTIFIED OR TRAINED EVENT WORKERS (MONITORS /BARTENDERS/ SERVERS /TICKET SELLERS) (Please Print) 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. (Please Print) 1. APPENDIX "C" S.O.P. HOLDER CERTIFIED OR TRAINED EVENT WORKERS S.O.P. HOLDER AND DESIGNATES) Use additional forms, if necessary. Proof of certification or training must be provided two (2) weeks prior to the event. 13 APPENDIX "D" AREAS DESIGNATED FOR CONDITIONAL USE OF ALCOHOL CHIPPAWA WILLOUGHBY MEMORIAL ARENA Meeting Room Roped -off lobby area Ice floor area East side of arena building CHIPPAWA LIONS PARK Outside area, directly north of the Fire Hall Building Chippawa Lions Hall Curfew 11:00 p.m. C.W. PALMER PARK Concession/restroom area Curfew 11:00 p.m. JACK BELL ARENA Ice floor area 2° floor view area MACBAIN COMMUNITY CENTRE Community board room Coronation Multi- purpose room Main Lobby Main Purpose Room A, B, C M.F. KER PARK Diamond #1 fenced area Pitch #1 fenced area Curfew 11:00 p.m. NIAGARA FALLS MEMORIAL ARENA Blue Line Room Ice floor area Upper Lobby area OAKES PARK Entire fenced park area Ball diamond side of park Pitch and track side of park East side of park fieldhouse building Curfew 11:00 p.m. STAMFORD MEMORIAL ARENA Recreation viewing room 14 W.L. HOUCK South side of park field house building Curfew 11:00 p.m. CITY HALL CENTENNIAL SQUARE CORONATION 50 PLUS SENIOR CENTRE FIREHALL THEATRE LUNDY'S LANE HISTORICAL MUSEUM MUNICIPAL STREETS AS APPROVED BY COUNCIL NIAGARA FALLS MAIN LIBRARY SERVICE CENTRE FIREHALLS Chippawa Station #4 Crowland Station #6 15 4) Time(s) When Alcohol Was Served: APPENDIX "E" CITY OF NIAGARA FALLS S i ecial Occasion Permit or Caterin Endorsement HOLDER EVENT EVALUATION FORM (TO BE COMPLETED BY THE EVENT HOLDER AND THE CITY STAFF PERSON) 1) Name of Event: 2) Location of Event: 3) Date(s) of Event: 5) Estimate number of persons attending and /or participating 6) Were there any incidents that occurred at your event? No Yes (if yes, please describe) 7) What areas /items /sections of the Municipal Alcohol Risk Management Policy could be reviewed and/or improved upon that would better serve your event? 8) What areas /locations of the facility where your event was held could be improved upon to better assist your group /your job in following and implementing the Municipal Alcohol Risk Management Policy? 9) Other comments would be appreciated: 16 NAME OF EVENT PERSON COMPLETING THIS EVALUATION: (PRINT NAME) (SIGNATURE) (DATE: Day, Month, Year) Your evaluation form must be returned to the City of Niagara Falls Community Services Department (Parks, Recreation Culture) 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 or FAX (905) 356 -7404 NO LATER THAN 96 HOURS AFTER THE COMPLETION OF YOUR EVENT. (PLEASE DO NOT WRITE IN THIS SPACE) FOR OFFICE USE ONLY DATE RECEIVED: (Day -Month -Year) TIME RECEIVED: STAFF PERSON RECEIVING THE EVALUATION: (Signature) S: Alcoho11200811\4AP revised 2008.wpd 17 A by -law to establish Part of Block F, Plan 8 as a public highway, to be known as and to form part of Drummond Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Block F, Plan 8, designated as Part 45 on Reference Plan 59R -13630 S/T R0182503 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Township Lot 158 Stamford designated as Part 45 on Reference Plan 59R -13630 that is hereby established as a public highway, be known as and form part of Drummond Road. Passed this thirty-first day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 31, 2008. March 31, 2008. March 31, 2008. CITY OF NIAGARA FALLS By -law No. 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of an Agreement with Bell Canada, respecting the operation and maintenance of a telecommunications facility over a portion of John N. Allan Park. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated February 1, 2008 and made between Bell Canada and The Corporation of the City of Niagara Falls as City, respecting the operation and maintenance of a telecommunications facility over a portion of John N. Allan Park, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirty-first day of March, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 31, 2008. March 31, 2008. March 31, 2008. THIS AGREEMENT made this I" day of February, 2008. BETWEEN: BELL CANADA a company incorporated under the laws of Canada Hereinafter called the "Owner" -and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" OF THE FIRST PART OF THE SECOND PART WHEREAS the Licencee is the owner in fee simple of the lands and premises being composed of part of Town Lots 5 and 6 on the north side of Adelaide Street West according to the Plan of the Town of York and designated as Parts I and 2 on Reference Plan No. 63R -545, in the City of Toronto, in the Municipality of Toronto; AND WHEREAS the City is the owner in fee simple of the lands described as Part 1 on Reference Plan 59R- 9924, hereinafter refereed to as the "said land and more particularly described in Schedule "A" attached hereto and fonning part of this agreement. AND WHEREAS the Licencee has constructed aBell Station, hereinafter referred to as its "facility on the said land and has requested an easement and licence over the said land for the purpose of operating and maintaining the said facility; AND WHEREAS the City is agreeable to the easement and licence subject to the Licencee entering into this agreement. NOW THEREFORE in consideration of the premises and the covenants and agreements hereinafter performed, the parties hereto COVENANT AND AGREE as follows: I. The parties hereto agree that the recitals noted above are true in fact. 2. The City grants and transfers to the Licencee, its successors and assigns to be used and enjoyed as appurtenant to the Licencee's lands, a free and unencumbered Licence and Easement in perpetuity upon, over, in, under and across the said land, more particularly described in Schedule "A for the purpose of constructing, operating, maintaining, repairing, replacing, or renewing at all times its telecommunications facility. 3. The Licencee shall be responsible for any damage caused at any time by its agents or employees to the said land. When practical, the Licencee, after any of its activities, shall restore the said land to its former state. 4. The Licencee indemnifies and saves harmless the City from all actions, causes of action, suits, claims and demands of every nature and kind whatsoever which may be made against the City relating to or arising out of the placement of the facility and the licence and easement over the said lands and for which the Licencee, in law, is responsible. 5. The Licencee shall ensure that the facility adheres to applicable government noise regulations. 6. The Licencee agrees to pay to the City an annual maintenance fee of $496.00 plus G.S.T. per year commencing March 1, 2008 to and including March 1, 2017, at which time the maintenance fee shall be renegotiated to reflect maintenance costs at that time. 7. Any notice to be given pursuant to this agreement may be delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Owner and the City as follows: Bell Canada Attention: Provisioning Manager Niagara Falls Access Network Provisioning 63 King Street, 3e Floor, St. Catharines, Ontario L2R 31-I6 Telephone: (905) 641-3223 Fax No.: (905) 685-0820 The Corporation of the City of Niagara Falls Attention: City Clerk 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario Telephone No.: (905) 356-7521 Fax No.: (905) 9083 Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 8. This agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns in title. 9. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or feminine or the neuter has been used where the context or the party (parties) so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the City and the Licencee have hereunto affixed their corporate seals duly attested by the hands of the proper signing officers and the said signing Officers certify that they have the authority to bind their respective Corporations. BELL CANADA Per: Name: ,LINDA CUNNIN HAM Title: Bell Canada Manager Right of Way 20 Y tL_ 2F Hamilton Halton Niagara I have the authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A" to an Agreement dated February 1, 2008 between BELL CANADA and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part of Township Lot 170 in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Part 1 on Reference Plan No. 59R -9924. SCHEDULE "13" to an Agreement dated February 1, 2008 between BELL CANADA and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule P thereto the following items: COLUMN 1 INTERSECTION THE CORPORATION OF THE CITY OF NIAGARA FALLS Sixth Avenue Willmott Street Sixth Avenue Willmott Street BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Parking Prohibited) STOP SIGNS AT INTERSECTIONS COLUMN 2 FACING TRAFFIC Northbound on Sixth Avenue Southbound on Sixth Avenue COLUMN 1 COLUMN 2 HIGHWAY SIDE Willoughby Drive East (3) COLUMN 1 HIGHWAY Sixth Avenue Sixth Avenue Willmott Street Willman Street Willoughby Drive East First Reading: Second Reading Third Reading: COLUMN 2 SIDE Both Both Both Both March 31, 2008 March 31, 2008 March 31, 2008 COLUMN 3 BETWEEN -2- (2) by deleting from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED A point 207 metres south of Weinbrenner Road and a point 130 metres north of Weinbrenner Road by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 3 BETWEEN Willmott Street and a point 10 metres north of Willmott Street Willmott Street and a point 10 metres south of Willmott Street Sixth Avenue and a point 10 Metres east of Sixth Avenue Sixth Avenue and a point 10 Metres west of Sixth Avenue A point 207 metres south of Weinbrenner Road and a point 105 metres north of Weinbrenner Road This By -law shall come into force when the appropriate signs are installed. Passed this thirty-first day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR COLUMN 4 TIMES OR DAYS At all times COLUMN 4 TIMES OR DAYS At All Times At All Times At All Times At All Times At All Times A by -law to amend By -law No. 2005 -112, being a by -law requiring an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster resilient community. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That any reference in By -law No. 2005 -112 to the Emergency Management Act be deleted and replaced with Emergency Management and Civil Protection Act. 2. By -law No. 2005 -112 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. Passed this thirty -first day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 31, 2008. March 31, 2008. March 31, 2008. CITY OF NIAGARA FALLS By -law No. 2008 SCHEDULE "A" CITY OF NIAGARA FALLS MUNICIPAL EMERGENCY PLAN Enacted under: By Lary 2005 as amended REVISED: 2008/02/13 Niagara Falls Fire 5815 Morrison Street Niagara Falls, ON Dateia Amendment/Add tion Replaces anin Notes e Niagara Falls Emergency Plan Table of Amendments Section 1: Introduction Niagara Falls Emergency Plan List of Abbreviations MCG Municipal Control Group ESC Emergency Site Coordinator MSG Municipal Support Group EOC Emergency Operations Centre EMO Emergency Management Ontario MOH Medical Officer of Health PIO Public Information Officer Section 1: Introduction 2 Niagara Falls Emergency Plan Table of Contents Section 1: Introduction Table of Amendments 1 List of Abbreviations 2 Section 1 Introduction 6 Aim 6 Scope 6 Potential Hazards Hazard Risk Identification Assessment 8 Legislation 9 Plan Definition 9 Format 10 Amending Formula 10 Section 2 Emergency Notification Procedure 11 Reporting an Emergency 11 Emergency Notification Procedure 11 Emergency Notification Levels 11 Full Notification 11 Partial Notification 12 Alert Notification 12 Section 3 Declaration of an Emergency 13 Action Prior to the Declaration of an Emergency 13 Declaring an Emergency 13 Authority to Declare an Emergency 13 Notification of Declaration of Emergency 14 Section 4 Termination of an Emergency 16 Prior to Terminating an Emergency Declaration 16 Notification of Termination of an Emergency Declaration 16 Section 5 Emergency Operations Centre 18 Municipal Control Group Meeting Room 18 Municipal Support Group meeting room 19 Registration and Security 20 Registration and Security 21 Business Cycle 21 Business Cycle Diagram 22 Section 6 Municipal Control Group 23 Municipal Control Group Operations 23 Communication and Coordination 24 Responsibilities 25 3 Niagara Falls Emergency Flag Section 1: Introduction Group Responsibilities 25 Individual Responsibilities 27 Mayor 27 Chief Administrative Officer 27 Police Superintendent (22 Division) 27 Fire Chief (Community Emergency Management Coordinator) 28 Executive Director of Community Services 29 Director of Health Services 30 Executive Director of Corporate Services 31 Clerk 31 Public Information Officer 32 Section 7 Municipal Support Group 33 Section 8 Assistance Other Agencies 34 Natural Resources Conservation Authorities 34 School Boards Boards of Education 34 Hospital Administration 34 Utility Suppliers 35 Section 9 Assistance Provincial and Federal 36 Federal Assistance 36 Provincial Assistance 36 Ontario Provincial Police 37 Section 10 Emergency Public Information 38 Section 11- Plan Maintenance and Testing 40 Plan Maintenance 40 Annual Review 40 Revisions 40 Plan Distribution 40 Testing the Emergency Plan 41 Annual Exercise 41 Agency Responsibility 41 4 Niagara Falls Emergency Plan Annexes Annex 1 Notification Form for Municipal Control Group Members Annex 2 City of Niagara Falls Emergency Radio Network Annex 3 Contact Numbers for Provincial Assistance Annex 4 Contact Numbers for Local Radio Television Stations Annex 5 Evacuation Procedures Annex 6 Selected Emergency Evacuation Centres Annex 7 Distribution List Section 1: Introduction 5 Niagara Falls Emergency Plan Section 1 Introduction Municipalities routinely respond to situations that require responses from fire, police, ambulance and public works. Large -scale emergencies such as chemical spills, plane crashes, tornadoes and floods can severely deplete available resources and require additional personnel, equipment and expertise. In cases such as these, municipalities must implement an Emergency Plan. Response to a Large -scale emergency requires an assessment of the situation, an effective determination of resources and the efficient deployment and management of resources. The primary function of this Emergency Plan is to provide the organizational framework within which the coordinated response will take place and present key officials, agencies and departments within the City of Niagara Falls with a general guideline for the initial response to an emergency and an overview of their responsibilities during an emergency. For this plan to be effective, it is important that all concerned be made aware of its provisions and that every official, agency and department be prepared to carry out their assigned functions and responsibilities in an emergency. The following provides an overview of the background and some of the highlights of this plan. Aim Scope Section 1: Introduction The Aim of this plan is to make provision for the efficient administration, coordination and implementation of the extraordinary arrangements and response measures taken by the City of Niagara Falls to protect the health, safety and welfare of the residents of Niagara Falls during any emergency. An emergency may result from an existing danger or it may be a threat of an impending situation abnormally affecting property or the health, safety and welfare of our community. Its nature and magnitude requires a controlled and coordinated response by a number of agencies, both government and private, under the direction of the Municipal Control Group. The response is distinct from routine operations carried out by emergency services personnel (e.g. fire- fighting, emergency medical services or police activities). The Emergency Management Civil Protection Act defines an emergency as: "a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether international or otherwise." 6 Niagara Falls Emergency Plan Section 1: Introduction While almost every type of emergency could occur within the City of Niagara Falls, the most common that could occur are: Natural Emergencies: floods, tornadoes, hurricanes, windstorms, blizzards Human Caused Emergencies; transportation accidents involving hazardous materials, explosions, aircraft or rail crashes, toxic or flammable gas Leaks, electrical power blackouts, building or structural collapse, uncontrollable fire, or any other incident accidentally or willfully caused by people which likely to endanger property, health, safety and welfare of the Niagara community. Whenever an emergency occurs or threatens to occur, the initial and primary responsibility for providing immediate assistance and control rests with the affected department or agency within the municipality. The Emergency Response Plan in itself cannot guarantee an efficient, effective response to an emergency. It must be utilized as a tool to assist emergency and municipal services and officials in their emergency response activities. The Plan must be flexible enough to adapt to a broad spectrum of disasters and must be supported with: Adequate personnel, equipment and expertise from the responding agencies Awareness of resources available from neighbouring municipalities and the private sector, supplemented by prearranged agreements Testing of the Plan on a regular basis Review of the Plan following any incidents or exercises where it is implemented. 7 MiagaraKillsRommuintkilliilarofi tf De. Priority Hazard Description 1 Infectious Disease Pandemic Human 2 Hazmat Release In-transit, fixed location 3 Fire Fire, Explosion 4 Criminal Event (including Terrorism) Terrorism, Sabotage, Contamination, Hostage, Border Security Events 5 Severe Weather Snowstorm, Ice, Hail, Thunderstorm, Windstorm, Tornado 6 Severe Weather Extreme Temperature 7 Critical Services Disruption (Infrastructure) Telecom, Underground Fuel, Potable Water, Wastewater, Electrical, Transportation Routes 8 Transportation Incident MCI., Ground or Airline Crash, Waterway 9 Collapse Major Structural Collapse, Earthquake 10 Infectious Disease Cash Crop Disease, Livestock Epidemic Niagara Falls Emergency Plau Potential Hazards Hazard Risk Identification Assessment Section 1: Introduction The City of Niagara Falls has identified and analyzed all realistic hazards that may occur and assessed them in terms of frequency, or likelihood of occurrence and magnitude of consequence or impact. The following is the resulting list of Hazard Identification and Risk Assessment (HIRA) events for the City of Niagara Falls. 8 Niagara Falls Enrergency Plan Legislation The Emergency Management and Civil Protection Act is the legal authority for this plan. The Emergency Management and Civil Protection Act require each municipality to develop, implement, and maintain an emergency management program. The Emergency Management and Civil Protection Act states that: The head of council of a municipality may declare that an emergency exists in the municipality or in any part thereof and my take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plan of the municipality and to protect property and the health, safety and welfare of the inhabitants of the emergency area" (Section 4) The Emergency Management and Civil Protection Act specifically requires a municipality to have an emergency response plan. Emergency Management Ontario considers a "plan" approved once two conditions have been met: 1) A by -law is passed authorizing the community's emergency response plan. The City of Niagara Falls Municipal Emergency Plan has been enacted under Niagara Falls By -law 2005 -154 on Sept.19` 2005. And 2) The plan's content is approved by members of the community's emergency management program committee. In this plan the community's emergency management program committee is referred to as the Municipal Control Group (MCG). Regular exercise and assessment will be conducted to ensure the arrangements embodied in this plan are kept current, that all personnel are kept familiar with its provisions and that the content reflects international best practices. The City of Niagara Falls should likewise develop, implement, and maintain emergency management programs that define departmental procedures and arrangements for responding to a municipal emergency. Plan Definition Section 1: Introduction The "plan" means a plan formulated pursuant to City of Niagara Falls Emergency Management Program By -Law; governing the provision of necessary services during an emergency and the procedures under and manner in which employees of the City of Niagara Falls and other persons will respond to an emergency. 9 Niagara Falls Emergency Plan Format Section 1: Introduction This main body of this plan identifies the membership, roles and responsibilities of the City of Niagara Falls Municipal Control Group (MCG) and Municipal Support Group (ESG) and the authority and manner under which this body plans to respond to an emergency in the municipality. This portion of the plan is a public document. A series of annexes following the main body include specific contact and resource information vital to effective response. Due to confidentiality reasons, this portion of the plan is not to be made public and should only reside with the owner of the document. Amending Formula Amendments to this plan are recommended to the MCG by and through the Chief of Niagara Falls Fire Depaitment. The MCG, upon review of proposed changes may accept, reject or modify such changes. MCG approved changes to the main body of the plan will be presented to (Council) for approval as required. MCG approved changes to Appendixes and minor changes to the plan stand as amended by the MCG. 10 Niagara Falls Emergency Plan Emergency Notification Procedure Section 2: Emergency Notification Procedure Section 2 Emergency Notification Procedure Reporting an Emergency A responding agency or municipal department is likely to be the first on site authority to an emergency. The ranking officer for fire, police or a senior municipal official (or their designate) should personally assume control at the site of an emergency or arrange for someone on -site to take charge immediately until an Emergency Site Coordinator is appointed. If, in the judgment of the senior on -site official, the situation requires a more coordinated response or resources are required beyond their im nediate control, the senior on -site official must contact their most senior departmental official in accordance with any existing deparlulentalreporting procedure. If the emergency is of such magnitude that additional agencies and services will be required to control the situation, the Senior Police Officer on duty will immediately notify the Mayor and the Clerk of the municipality concerned and the Police Superintendent. The Niagara Falls Fire Depaltioent on being informed by a MCG member or discovering that an emergency situation has occurred or is likely to occur in the City, will immediately notify the Niagara Falls Fire Department Alarm Room, 905- 356 -1321 Ext. 2200, to alert the Municipal Control Group and will activate the City of Niagara Falls Emergency Radio Network. A list of the Municipal Control Group members could be found in Annex 1, Notification Form for Municipal Control Group Members. Emergency Notification Levels The threat of an emergency situation developing or the potential for such a situation to change or develop in severity may require different levels of Emergency Notification. The three Emergency Notification Levels at which emergency personnel can be alerted are: Full Notification When the Niagara Falls Fire Depaihuent is directed to carry out a "Full Notification all members of the Municipal Control Group will be notified and instructed to respond to the Emergency Operations Centre at a given time. 11 Niagara Falls Emergency Plan Section 2: Emergency Notification Procedure Partial Notification In a "Partial Notification only selected members of the Municipal Control Group are notified and instructed to respond to the Emergency Operations Centre at a given time. Alert Notification In an "Alert Notification" all, or selected members, of the Municipal Control Group as designated by the Municipal Control Group Member are notified. An Alert Notification may be used if there is an emergency situation developing or the threat of an emergency occurring which does not yet merit assembling members of the Municipal Control Group. 12 Niagara Falls Emergency Plan Section 3 Declaration of an Emergency Action Prior to the Declaration of an Emergency Declaring an Emergency Authority to Declare an Emergency Section 3: Declaration of an Emergency When an emergency exists, but has not yet been declared to exist, municipal employees are authorized to take such action(s) under this emergency plan as it may be required to protect the lives and property of the inhabitants of the City of Niagara Falls. Declaring an Emergency within the City of Niagara Falls is not required prior or subsequent to activation of this Emergency Plan. An Emergency Declaration is not required prior to any personnel taking actions under this plan to protect the lives, health and property of the inhabitants of the City of Niagara Falls. An Emergency Declaration however, may create greater understanding and promote a sense of urgency to the public regarding the severity of an emergency situation. An Emergency Declaration may be useful if the Municipal Control Group will be requesting the public and private sector to do something out of the ordinary and give the Mayor extraordinary powers (not contrary to law) such as approving expenditures without Council approval. It will also allow for possible funding of costs by the province. Every registered volunteer participating in a Declared Emergency will be considered a municipal employee and protected under the provisions of the Workplace Safety and Insurance Board (WSIB). Only the Mayor or Acting Head of Council (Deputy Mayor) has the authority to declare an emergency to exist within the boundaries of the municipality. The decision to declare an emergency will be made by the Mayor in consultation with the members of the Municipal Control Group. The Mayor has the ultimate responsibility for making this decision. When a declaration to declare an emergency is made, an Emergency Declaration Form outlined beyond this page must be completed and fax to Emergency Management Ontario. 13 Niagara Falls Emergency Plan Section 3: Declaration of an Emergency Notification of Declaration of Emergency Upon making an Emergency Declaration the Mayor will ensure that the following are immediately notified: City of Niagara Falls Council Members, Emergency Management Ontario, Regional Municipality of Niagara, all local Member(s) of the Provincial Parliament (MPP's), the local media, and the general public. 14 Niagara Fails Emergency Plan Declaration of an Emergency I hereby declare an emergency in accordance with (Mayor or Elected Head of Council) the Emergency Management and Civil Protection Act 1990, s.4(1) due to the emergency described herein: for an emergency area or part thereof described as: Mayor, City of Niagara Falls (note: Fax to EMO Duty Officer) Section 3: Declaration of an Emergency City Officials have been delegated the authority to implement powers that are set out in the Emergency Management and Civil Protection Act. As required the City of Niagara Falls officially informs Emergency Management Ontario, and also the population inside the affected area, that a Local state of emergency exists. Date Time 15 Niagara Falls Emergency Plan Section 4: Termination of an Emergency Section 4 Termination of an Emergency Prior to Terminating an Emergency Declaration Termination of an Emergency Declaration usually comes as the result of a significant reduction in the severity of the emergency situation. The action of formally terminating an Emergency Declaration is required to advise that the emergency is over. An Emergency Termination Fonn outlined beyond this page must be completed and faxed to the Emergency Management Ontario. Terminating a Declared Emergency will cause WSIB coverage of volunteers to cease. Authority to Terminate an Emergency Declaration The Emergency Declaration may be terminated by: Mayor of the City of Niagara Falls or Acting Head of Council, Niagara Falls City Council The Premier of Ontario. Notification of Termination of an Emergency Declaration Upon Terminating an Emergency Declaration, the Mayor will ensure that the following are immediately notified: Municipal Councils, Emergency Management Ontario all local Member(s) of the Provincial Parliament (MPP's), the local media, and the general public 16 Niagara Falls Emergency Plan Niaga r 0E414 Termination of a Declared Emergency I, hereby declare an emergency terminated in (Mayor or Elected Head of Council) accordance with the Emergency Management and Civil Protection Act 1990. s.4(2) due to the emergency described herein: for an emergency area or part thereof described as: Mayor, City of Niagara Falls (note: Fax to EMO Duty Officer) Section 4: Termination of an Emergency Date Time 17 Niagara Falls Emergency Plan Section 5 Emergency Operations Centre Section 5: Emergency Operations Centre In the event of an emergency the Emergency Operations Centre (EOC) will be activated. The Municipal Control Group and the Support Group will congregate and work together at the Emergency Operations Centres to make decisions, share information and provide strategic `off scene' management as required to mitigate the effects of the emergency. The Primary Emergency Operations Centre is located at Niagara Falls Fire Station, 5815 Morrison St. The Secondary Emergency Operations Centre could be located at 4310 Queen Street or the Greater Niagara General Hospital depending on the nature and location of the emergency. Where the City of Niagara Falls requires assistance from the Region or a Regional emergency initially affects two or more area municipalities, the primary EOC will be at the Regional Administration Headquarters. The Emergency Operations Centre should consist of: the Municipal Control Group Meeting Room a meeting room for the Support Group with appropriate voice radios, phones, faxes, access to a photocopier, printers, and computers connected to the corporate network a media information area appropriate comfort facilities including washrooms, quiet areas and kitchen facilities adequate parking for all staff an adequate back -up power supply break out rooms for small group meetings Municipal Control Group Meeting Room The Municipal Control Group meeting room is a secure board room or chambers where the Municipal Control Group can conduct business cycle meetings to address the current situation and mitigate the emergency. This room is to be free of distractions and limited to the City of Niagara Falls' top decisions makers, their supporting personnel and invited members. The Municipal Control Group Meeting Room contains the following: sufficient tables and chairs for all present; an accurate clock, synchronized with all other EOC clocks; maps of suitable scale for depicting and updating emergency operations; 18 Niagara Falls Emergency Plan a visual board for logging emergency operations status, key decisions and other information; devices for recording the Municipal Control Group Meetings; a computer and LCD projector to display emergency log information; a television and VCR for media updates a computer for taking minutes of the ECG meetings; GIS capabilities, (including laptop and LCD projector): whiteboard; maps; printer and, all necessary stationary requirements and office supplies for those present to take notes and record information. See Diagram 1 `Niagara Falls Emergency Operations Centre' Municipal Support Group meeting room Section 5: Emergency Operations Centre While the Municipal Control Group is engaged in meetings, they will require "Support Staff" to collect information, relay information and convey decisions /actions taken by the Municipal Control Group members. Therefore, the Municipal Support Group Meeting Room must be in close proximity to the Municipal Control Group Meeting Room. The Municipal Support Group Meeting Room contains the following: sufficient tables and chairs for all present; an accurate clock, synchronized with all other EOC clocks; maps of suitable scale for depicting and updating emergency operations; all necessary phones, portable voice radios, fax machines, printers and computers connected to the corporate network required to communicate with others outside the Emergency Operations Centre, at the Emergency Site or elsewhere; televisions and a VCR for media monitoring; extra portable radios: Amateur Radio; whiteboards; all necessary stationery requirements and office supplies for those present to take notes and record information 19 Niagara Falk c..,oroo,.on P1,... Diagram 1 Niagara Falls Emergency Operations Centre SUPPORT GROUP AREA ATA/ PHONE JACKS Section 5; Emergency Operations Centre FLI P CHARTS T.V./ VCR STATUS BOARD REGISTRATION AREA G.I.S. PROJ ECTOR 20 DATA/ PHONE JACKS Niagara Falls Emergency Plan Registration and Security The following are NOT normally allowed into the EOC: Members of any media group, Members of City Council, Members of the public, Any persons without direct business with EOC operations Business Cycle Section 5: Emergency Operations Centre Once the EOC has been activated, the facility must be made secure and all personnel attending the EOC must sign in and out. All personnel entering the EOC must report to registration and be duly registered. Only the following persons are normally allowed into the facility: Municipal Control Group members and their alternates, Support Group members and their alternates, Police personnel for facility security, Members at large specifically invited by Municipal Control Group members. Members of the Municipal Control Group will gather at regular intervals to inform each other of actions taken and problems encounters. Frequency of meetings and agenda items will be established by the Chief Administrative Officer. Meetings will be kept as brief as possible thus allowing members to carry out their individual responsibilities. A regular meeting cycle will be an hour long. At the top of the hour the entire Municipal Control Group will meet to discuss the situation, share information and make decisions. This should take approximately 20 minutes then the meeting is adjourned. Members of the Municipal Control Group then consult with the Support Group Members, on site responders and/or external agencies to see if any new information has developed. This again lasts approximately 20 minutes. The final 20 minutes are used by the individual members of the Municipal Control Group to condense the information and prepare for the next meeting at the top of the hour. This meeting cycle is then repeated as many times as necessary. The amount of time scheduled between each formal meeting may vary according to the severity of the emergency and needs /requirements of the Municipal Control Group. 21 Niagara Falls Emergency Plan Business Cycle Diagram Members raceme unto p repare for rneeti Members aot kir folmnaOde ECG Meet —share Mlc make decisions Section 5: Emergency Operations Centre When the Municipal Control Group meets according to the meeting cycle, there will be no interruptions, (unless urgent), until the meeting is concluded. When a meeting commences, all Municipal Control Group members will come to the table and each member will briefly update the group on the actions of their respective depai l,nent, identify issues needing resolution and seek input from the group as a whole. The Chief Administrative Officer will be the chairperson to Municipal Control Group meetings. Meetings serve as an opportunity for agency updates and provide a forum for discussion between the Municipal Control Group as a whole. All Municipal Control Group Members must be present at each meeting to hear reports from, and give reports to the group as a whole. 22 Niagara Falls Emergency Plan Section 6 Municipal Control Group Mayor Chief Administrative Officer Police Superintendent Fire Chief (CEMC) Executive Director of Community Services Director of Health Services Clerk Public Information Officer Executive Director of Corporate Services Section 6: Municipal Control Group The emergency response operations will be directed and controlled by the Municipal Control Group comprised of elected and appointed officials listed hereunder. The Municipal Control Group will assemble at the Emergency Operations Centre and will be responsible for providing the essential services necessary to minimize the effects of the emergency on the community. The Municipal Control Group shall consist of the following officials or their designate: The Chief Administrative Officer (CAO) shall be the Coordinator of the Municipal Control Group and shall oversee the activities of the group. The CAO may appoint an alternate from among the members to assume the position of Coordinator, should the need arise. Additional agencies and/or personnel that could be called or added to the Municipal Control Group include: Area Officer Emergency Management Ontario Niagara Regional Community Emergency Management Coordinator Office of the Ontario Fire Marshal Fire Service Advisor Ministry of Environment Support Agencies such as Bell Canada, Hydro, School Boards, Conservation Authority and Other officials, experts or representatives deemed necessary by the Municipal Control Group Municipal Control Group Operations The role of the Municipal Control Group probably can best be accomplished by round table assessment of the events (as discussed in Section 5 Business Cycle) as they occur and by agreeing to a course of action to overcome specific problem areas or situations. Normally, an agreed course of action will be implemented by municipal depaitments functioning primarily within their own spheres. 23 Niagara Falls Emergency Plan Section 6: Municipal Control Group However, from time to time, it may become necessary for the Municipal Control Group to adopt and implement a joint plan of action which could involve two or more department operation unison. In this latter situation, it would be necessary for the Municipal Control Group to determine which department will have the greater commitment and to appoint an on -site coordinator accordingly. Thereafter, until emergency operations conclude and in conjunction with Municipal Control Group directions, other departments will act in support of whichever department is exercising on -site coordination of operations. Communication and Coordination An important function of every department is to provide timely information for the benefit of the Municipal Control Group decision making process. This will necessitate reliable systems of communications between the emergency site and Municipal Control Group and every department involved. The City of Niagara Falls Emergency Radio System will be available to contact other municipal agencies; Fire, Police, Hospitals, Service Centre and the Transit Commission. The Municipal Government Emergency Radio Network will also be available to contact other municipalities, hospitals, Radio Stations and EMO personnel. Also Fire and Police will have radios to contact their emergency field personnel when necessary. Refer to Annex 2, City of Niagara Falls Emergency Radio Network Once decisions have been made by the Municipal Control Group it is essential they be quickly and accurately passed to every response agency and, where necessary, to the public. This vital function will normally fall to the Chief Administrative Officer (or other appointee) who will set up a media centre co- located but under the direction of the Municipal Control Group and be responsible for coordinating the activities of the operations centres and for ensuring good communication between all agencies involved in emergency operations. 24 Niagara Falls Emergency Plan Responsibilities Group Responsibilities The Municipal Control Group is responsible for advising the Head of Council on all actions taken to support emergency workers at the emergency site, evacuation centres or any other location where staff, people, or volunteers are working to respond to an emergency. These actions include informing the public regarding issues of concern, issuing authoritative messages to the public through the media, providing the coordination and support necessary to respond to and mitigate the emergency situation, and ensuring that adequate emergency resources are maintained outside of and apart from the emergency site. The primary role of the Municipal Control Group is to coordinate a multidisciplinary response to the emergency. The collective responsibilities of the Municipal Control Group include, but are not limited to the following: a) Declaring an `emergency' to exist b) Designating any area in the municipality as an `emergency area' c) Authorizing expenditures of funds for implementing the emergency plan d) Evacuating those buildings or sections within an emergency area which are themselves considered to be dangerous or in which the occupants are considered to be in danger from some other source e) Dispersing people not directly connected with the operations who by their presence are considered to be in danger or whose presence hinders in any way the efficient functioning of emergency operations 0 Discontinuing utilities or services provided by public or private concerns without reference to any consumers in the municipality, or when continuation of such utilities or services constitutes a hazard to public safety within an emergency area g) Section 6: Municipal Control Group Arranging for accommodation and welfare on a temporary basis, of any residents who are in need of assistance due to displacement as a result of the emergency h) Calling in and employment of any municipal personnel and equipment which is required in the emergency i) Arranging assistance from senior level of government and of other personnel and equipment of volunteer and other agencies not under municipal control as may be required by the emergency 25 Niagara Falls Emergency Plan Section 6: Municipal Control Group j) Establishing an information centre for issuance of accurate releases to the news media and for issuance of authoritative instructions to the general public k) Maintaining a log of actions taken during the emergency 1) Establishing a reporting and inquiry centre under the direction of the City Clerk to handle individual requests for information concerning any aspect of the emergency; and m) Ensuring communications with the Regional Government, other municipalities, hospitals and radio stations in the event of a failure of telephone services. The Municipal Control Group will ensure that: o Operators are detailed to man the Niagara Regional Government Emergency Radio and the City of Niagara Falls Emergency Radio o The generator and lightening equipment are ready for use, if required; o Supplies of fuel are available for the generator; and o Additional communications available with EMO is completed as necessary 26 Niagara Falls Emergency Plan Individual Responsibilities Mayor The Mayor or alternate will perform the following responsibilities" (a) declare an emergency to exist (b) ensure the Solicitor General of Ontario has been notified of the declaration of an emergency; (c) make decisions, determine priorities and issue operational direction through the operations officer and the heads of municipal departments; (d) request assistance from neighbouring municipalities and /or senior levels of government, when required; (e) approve news releases and public announcements and (0 terminate the emergency at the appropriate time and ensure all concerned have been notified Chief Administrative Officer The Chief Administrative Officer will perform the duties and responsibilities of an "operations officer" as such he will: a) chair business cycle meetings of the MCG b) organize and supervise the Emergency Operations Centre and in particular, make arrangements for obtaining and displaying up -to -date information at all times c) advise the Mayor on administrative matters, and; Police Superintendent (22 Division) Section 6: Municipal Control Group d) be responsible for media arrangements and assist in the preparation and issue of press and public announcements Upon learning of a potential emergency, the Police Superintendent or alternate should consider the possible need for activation of the emergency plan and if warranted, he should trigger the notification system outlined in Annex 1. Thereupon he would report to the Emergency Operations Centre to sit as a member of the Municipal Control Group and to perform or delegate responsibility for the following additional functions and responsibilities: 27 Niagara Falls Emergency Plan Section 6: Municipal Control Group (a) provide the Mayor with information and advice on law enforcement matters; (b) if appropriate, appoints an "on -site coordinator" to control operations at the scene of an emergency; (c) seal off the area of concern; (d) control and if necessary, disperse crowds within the "emergency area;" (e) control the movement of emergency vehicles to and from the site of the emergency (0 coordinate police operations with other involved municipal departments and arrange for additional supplies and equipment when needed, i.e., barriers and flashers, etc; (g) conduct evacuation of buildings or areas when ordered by Mayor; (h) arrange for maintenance of law and order in temporary facilities, e.g., evacuation centres; (i) protect evacuated buildings and other property in the emergency area; (j) arrange for additional "police assistance," if required; and (k) advise the Coroner in the event of fatalities and perform whatever additional responsibilities may be necessary under the Coroners Act. Fire Chief (Community Emergency Management Coordinator) Upon learning of a potential emergency, the Fire Chief or alternate should consider the need for possible activation of the emergency plan, and if warranted, he should trigger the emergency notification system described in Annex 1. Thereupon he should report to the Emergency Operations Centre to sit as a member of the Municipal Control Group and should perform the following additional functions and responsibilities: (a) provide the Mayor with information and advice on fire fighting matters; (b) develop and maintain a system for alerting Municipal Control Group members in an emergency; (c) if appropriate, appoint an "on -site coordinator" to control operations at the scene of an emergency; (d) inform the Mutual Aid Fire Coordinator and trigger mutual aid arrangements for the provision of additional fire fighting manpower and equipment if needed; 28 Niagara Falls Emergency Platt (g) Advise on all matters as Niagara Falls CEMC; and (h) Ensure that the EOC has been set up. Executive Director of Community Services g) Section 6: Municipal Control Group (e) determine if additional or special equipment is needed and recommend possible sources of supply, e.g., breathing apparatus, protective clothing, etc.; (f) provide assistance to other municipal depailments and agencies and be prepared to take charge or contribute to non- fire fighting operations if necessary, e.g., rescue, medical assistance, casualty collection, etc.; Upon learning of a potential emergency, the Executive Director of Community Services or alternate should consider the need for the possible activation of the emergency plan and if warranted, he should trigger the emergency notification system as described in Annex 1. Thereupon he should report to the Emergency Operations Centre to act as a member of the Municipal Control Group and to perform the following additional functions and responsibilities: a) Provide the Mayor with information and advice on engineering matters; b) If appropriate, appoint an "on -site coordinator" to control operations at the scene of emergency; c) Maintain liaison with flood control, conservation and environmental agencies and be prepared to conduct relief or preventative operations; d) Provide engineering materials, supplies and equipment and if not otherwise available, make arrangements for sources of supply from neighbouring municipalities, private contractors etc.; e) Assist traffic control, evacuations etc., by clearing emergency routes, marking obstacles, providing road signs, etc.; f) Maintain liaison with private utility companies (hydro, gas, telephone, etc.) and make recommendations for discontinuation of any utility, public or private, where necessary in the interest of public safety; Make recommendations and demolish unsafe structures if ordered by the Mayor; h) Reestablish essential services at the conclusion of an emergency; and 29 Niagara Falls Emergency Plan Section 6: Municipal Control Group i) Responsible for detailing personnel for good clearing, tree cutting and removal, temporary repairs and emergency barricading and would act as general coordinator for these sections working from the Municipal Service Centre under the direction of the Maintenance Operations Engineer. Street flushing may be required in cases where materials or liquids injurious to the public are laying on roadways. Director of Health Services Upon learning of a potential emergency, the Director of Health Services should consider the need for possible activation of the emergency plan, and if warranted, trigger the emergency notification system in Annex 1. Thereupon he should report to the Emergency Operations Centre to act as a member of the Municipal Control Group and either perform the following functions, or report the situation to the Public Health Unit who would then take such appropriate action, in conjunction with the Municipal Control Group as the situation warrants. Public health matters are normally the responsibility of the Medical Officer of Health who will normally take charge in such situations and: a) Provide advice on public health matters to the Municipal Control Group; b) Arrange for dissemination of special instructions to the population on matters concerning public health; c) Arrange for mass immunization where needed; d) Arrange for testing of water supplies and, when warranted, make recommendations for arranging alternate supplies; e) Notify other agencies and senior levels of government about health related matters; and f) Consult with the Ministry of Environment and Ministry of Health and Long Term Care to provide the Municipal Control Group with additional information that may impact on the perimeters of the affected area or management of the emergency response. Arrangements for coping with mass casualties are made jointly by the hospital(s) and ambulance service which serve the local area. Such arrangements will normally have been worked out beforehand to provide the following activities: Bringing casualties to a central point for triage and afterwards, arranging a balanced distribution of casualties to hospitals; and 30 Niagara Falls Emergency Plan Executive Director of Corporate Services Section 6: Municipal Control Group Provision of first aid for minor casualties who would not require transportation to a hospital. Executive Director of Corporate Services will: a) Advise on the matters related to the capabilities of the municipality to make emergency financial provisions to respond to an emergency b) Provide direction regarding purchases during an emergency c) Ensuring that records of all expenses are maintained for future claims d) Liaising with the Provincial Ministry of Municipal Affairs Housing regarding the Ontario Disaster Relief Assistance Program (ODRAP) e) Arrange and coordinate telecommunications systems f) Consult with the City of Niagara Falls Legal Division as required g) Arrange for Information Technology assistance as required Clerk The City of Niagara Falls Clerk will as a member of the Municipal Control Group will: a) Ensure the effective administrative operation of the EOC with the CEMC b) Coordinate with the Mayor and CAO to ensure that all council members are advised of any emergency declaration made or the termination of an emergency declaration c) Log all decisions made by the MCG d) Coordinate the provision of clerical staff for the EOC e) Record minutes of the Business Cycle meeting f) Ensure food and hot/cold beverages are available for the MCG 31 Niagara Falls Emergency Plan Public Information Officer The Public Information Officer will: Section 6: Municipal Control Group a) Coordinate all media releases with the assistance from the CAO and input from departmental representatives b) Coordinate media briefings and press conferences c) Monitor the media for incorrect information and amend all rumours d) Coordinate the opening of a media centre 32 Niagara Falls Emergency Plan Section 7 Municipal Support Group Section 7: Municipal Support Group The Municipal Support Group is comprised of municipal and/or other non governmental officials, who may be required to advise and assist the Mayor and the Municipal Control Group during an emergency. Municipal Support Group responsibilities include: Collecting and disseminating information on the emergency Ensuring emergency information is disseminated to their respective departments and agencies, and Maintaining a log outlining communications and actions taken. The Municipal Support Group drawn from organizations listed hereunder may be called upon individually or be asked to deliberate and made recommendations collectively. Not all Municipal Control Group members may be called upon to attend the Emergency Operations Centre, even during a "Full Notification" of the Municipal Control Group. Support Group members may be notified at the beginning of an emergency, for the duration of the emergency or periodically throughout the emergency at the request of the Municipal Control Group. Municipal Support Group membership is highly dependant upon the circumstances of the emergency event and may include members not listed in this section Members of the Municipal Support Group include: All Municipal Department Heads Transit Commission Medical Officer of Health Community Services DepaiL,uent Emergency Management Enbridge Consumers Gas Niagara Falls Hydro Niagara Falls Ambulance (Dispatch Centre) Ontario Power Generation; and Bell Canada 33 Niagara Falls Emergency Plan Section 8 Assistance Other Agencies There exist agencies external to the municipal response structure that may be required to provide assistance during an emergency either by virtue of their specialized knowledge and expertise, or by reason of legislation or regulation. The more common of these agencies are listed below. Natural Resources Conservation Authorities Through their expertise and monitoring, the conservation authorities will be warning of an impending flood situation in advance of the actual event. Appropriate warnings will be sent by the authority to the city. Should the situation develop to require a plan EOC activation, provincial ministries not already known to be responding will be notified by the Municipal Control Group through Emergency Management Ontario. A representative from the authority may be asked to join the EOC as an ad hoc member. Occasionally, an event originating from within the city and impacting conservation lands or jurisdictions may occur. In these cases, the lead agency for the municipal response is responsible for ensuring the appropriate authority is contacted. School Boards Boards of Education Hospital Administration During an emergency, the hospital will be responsible for: Section 8: Assistance Other Agencies Public and/or Private schools are an excellent resource to be used during emergencies. If there is a need to evacuate residents, schools are generally the first choice for use as reception/evacuation centres to temporarily shelter persons displaced by the emergency. It is the responsibility of the Community Social Services to coordinate, and liaise with the local School Boards Boards of Education to ensure that agreements are in place to facilitate access to, and use of their facilities when and if required. These provisions are included within the Community Social Services emergency plan. Implementing their own internal hospital emergency plan as required, Liaising with the Medical Officer of Health, and Emergency Medical Services in the Emergency Operations Centre regarding issues of mutual concern, Evaluating any requests for the provision of emergency medical teams at the emergency site. 34 Niagara Falls Emergency Plan Utility Suppliers Section 8: Assistance Other Agencies Public, Private and Provincial Utilities may be requested to assist during a municipal emergency, and to provide a representative to advise the Municipal Control Group. Arrangements must be in place through their own Emergency Plans to coordinate and liaise with the Municipal Control Group regarding issues of mutual concern, and the potential disruption of any utility service. 35 Niagara Palls Emergency Plan Federal Assistance Provincial Assistance Section 9: Assistance Provincial and Federal Section 9 Assistance Provincial and Federal If locally available resources, including those which might be available from bordering municipalities and/or Regional sources are insufficient to meet emergency requirements, then assistance may be requested from the Provincial or Federal government. Assistance can take many forms including, additional personnel, specialized materials, equipment, or specific expertise. Federal Assistance cannot be obtained directly by a municipality but must be requested through the Province of Ontario. Municipalities are directed to Emergency Management Ontario for this resource. Where Provincial assistance is required, which is outside of normal departnlental or service working arrangements, the request will be made to the Emergency Management Ontario Operations Officer in the Provincial Emergency Operations Centre (PEOC). The PEOC is operational 24/7/365. Specific contact information for this agency can be found in Annex 3, Contact Numbers for Provincial Assistance. Note: Agencies listed in this annex are provincial agencies located in the City of Niagara Falls and have local numbers. If the Municipality makes the request directly to the Provincial Government, the Municipality must be prepared to be billed for services rendered. Other Provincial Ministries may have a role to play in a municipal emergency. Some ministries have their own emergency plans and procedures for dealing with certain emergency scenarios. They may also have specialized resources and/or equipment that may be requested to provide assistance during municipal emergencies. An overview of Provincial Ministries that may be requested to assist or which may have certain duties to perform during emergencies are provided in the following table. 36 MINIS JU RISDICTION Ministry of Community Safety and Correctional Services Coordination of provincial emergency management. All other peacetime emergencies not listed herein. War emergencies. Ministry of Agriculture and Food Agriculture and Food Emergencies. Ministry of Community and Social Services Emergency shelter, food and clothing, victim registration and inquiry and personal services required in support of all emergencies. Ministry of Energy Energy supply matters. Ministry of Environment Spills of pollutants to the natural environment. Ministry of Health and Long -Term Care Large scale human health emergencies and epidemics. Emergency health services. Ministry of Labour Health and safety of emergency responders, municipal and private employees and responding volunteers. Management Board Secretariat Continuity of government services. Ministry of Northern Development and Mines Abandoned mine hazards. Support provincial emergency management in Northem Ontario. Ministry of Transportation Highway and other transportation services. Ministry of Municipal Affairs and Housing Coordination of extraordinary provincial expenditures for emergencies. Ministry of Natural Resources Forest Fires. Floods. Droughts. Niagara Falls Emergency Plan Ontario Provincial Police Section 9: Assistance Provincial and Federal If an emergency occurs on Provincial Highways within the municipality, the Niagara Regional Police will notify the Ontario Provincial Police. Any actions or responsibilities required of the Ontario Provincial Police will also be coordinated through the Niagara Regional Police. The OPP may be required to provide a representative on the Municipal Control Group when requested, and /or provide a representative on the Emergency Site Team. Specific contact information for this agency can be found in Annex 3, Contact Numbers for Provincial Assistance 37 Niagara Falls Emergency Plan Section 10 Emergency Public Information Section 10: Emergency Public Information During an emergency, it is essential that the City of Niagara Falls be able to coordinate the release of appropriate and factual information, issue authoritative directives to the public, and respond to, or redirect requests for information regarding any aspect of the emergency. In order to accomplish this, an Emergency Public hrformation Officer will coordinate all emergency public alert functions and operate out of the Emergency Operations Centre. The lead spokesperson will always be the Mayor for the City of Niagara Falls, or their official designate. He /she has the responsibility and authority to speak to the media on behalf of the City of Niagara Falls regarding any and all aspects of the emergency and municipal emergency operations. The Emergency Public Information Officer will coordinate all media releases with the CAO with assistance from respective depallHlent representatives as per emergency event. The Emergency Public Information Officer will also coordinate all scnnns, press conferences, and media briefings. Media monitoring is very important during an emergency event. The Emergency Public Information Officer will monitor to ensure that the public is receiving the information they require and that the information received is factual and correct. If the emergency is large scale and has significant impact in the community a media centre will be opened to coordinate personnel from the media and to ensure the accurate and timely communication of all pertinent information. Refer to Annex 4 for a list of Contact Numbers for local Radio Television Stations 38 Niagara Fatis Emergency Plan This page is intentional left blank Section 10: Emergency Public Information 39 Niagara Falls Emergency Plan Section 11- Plan Maintenance and Testing Plan Maintenance The Chief Administrative Officer is ultimately responsible for ensuring that this Emergency Plan is maintained and tested. While the Chief Administrative Officer is ultimately responsible for the Emergency Plan, the Fire Chief for the City of Niagara Falls Fire Department role and responsibility is to coordinate, facilitate, implement and test the Emergency Plan based on the recommendations and directions of the Municipal Control Group (ECG) and the Program Committee. Annual Review Revisions Section 11: Plan Maintenance and Testing Any proposed changes to this Emergency Plan will be submitted to the Fire Chief for the City of Niagara Falls Fire Department. All proposed changes to this Emergency Plan will be presented for review to the Municipal Control Group. Each review will be coordinated by the Fire Chief for the City of Niagara Falls Fire Department, and conducted on or before September 30th of each calendar year. Any proposed major revision to this Emergency Plan must be presented to the Municipal Control Group. Major revisions to this Plan will only be approved through a recommendation of the Municipal Control Group, and may be presented to Municipality Council, at the direction of the Municipal Control Group. Minor revisions to this Emergency Plan will be coordinated by the Fire Chief for the City of Niagara Falls Fire Department, and may be brought before the Municipal Control Group. All amendments to the Plan will be recorded and logged on an "Amendment Sheet" to be located immediately following the table of contents, at the front of each copy of the Emergency Plan. Plan Distribution If any major revisions are made to this Emergency Plan, the amended plan may be reprinted and re- circulated in its entirety, and distributed according to the "Distribution List" attached as Annex 7. 40 Niagara Falls Emergency Plan Section 11: Plan Maintenance and Testing If minor revisions are made to this Emergency Plan, only a notice of the amendment and any other required changes will be distributed according to the "Distribution List" attached as Annex 7 to this plan. Testing the Emergency Plan This Emergency Plan will be tested on a regular basis to ensure that the contents remain current and up to date. Annual Exercise The Emergency Plan will be tested a minimum of once annually using exercises. Exercises will be coordinated by the Fire Chief for the City of Niagara Falls Fire Department to test the effectiveness of the emergency plan and to train municipal emergency perso mel. Agency Responsibility Each organization and department noted in this Emergency Plan is responsible for forwarding information concerning this plan to any agencies and organizations with which they entertain links related to emergency preparedness and response. At the same time it is the responsibility of such organization and department to relay to the Fire Chief for the City of Niagara Falls Fire Department any information obtained from their linked agencies that may have an impact on the Emergency Plan. It is also the responsibility of such organizations and departments to ensure the coordination and facilitation of roles and responsibilities among its partners are fulfilled. 41 By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the development of an apartment building on the west side of Kalar Road, north of Forestview Boulevard. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from DH to R5B and numbered 823, the land on the west side of Kalar Road, north of Forestview Boulevard, being Part of Township Lot 150, Stamford, now in the City of Niagara Falls, Regional Municipality of Niagara, and shown hatched and designated R5B and numbered 823 on the plan Schedule I, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 4.27.1 and clause (h) of section 7.11.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R5B and numbered 823 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, for a use permitted by the R5B zone, except in compliance with the following regulations: (a) Maximum height of building or structure (b) All other provisions of Zoning By -law No. 79 -200 shall apply 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.823 Notwithstanding the provisions of section 4.27.1 and clause (h) of section 7.11.2 of By -law No. 79 -200, no person shall use the land on the west side of Kalar Road, north of Forestview Boulevard, designated R5B and numbered 823 on Sheet B5 of Schedule "A or erect or use any building or structure thereon, for a use permitted by the R5B zone, except in compliance with By -law No. 2008- Passed this thirty-first day of March, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 31, 2008 March 31, 2008 March 31, 2008 S :ZONINGIAMS12007ll3y- laws\D yam37. wpd CITY OF NIAGARA FALLS 12.5 metres SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Description: Part of Township Lot 150, Stamford, Now in the City of Niagara Falls, Regional Municipality of Niagara Applicant: The Bethlehem Not For Profit Housing Projects of Niagara Amending Zoning By -law No. 79 -200 RIDEAU -ST Assessment #s: Part of 272510000601850 1:NTS AM- 37/2007 K: \G1$_Requests\ 2007\ Schedules \ZoningAM\AM- 37\mapping.map March 2008 CITY OF NIAGARA FALLS By -law No. 2008- A by -law to amend By -law No. 79 -200, to permit the development of an apartment dwelling on the land. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from TRM to R5A and numbered 816, the land on the southwest corner of McLeod Road and Wilson Crescent, being Lt 2 P1 85 Stamford; Lt 3 PI 85 Stamford; Niagara Falls and shown hatched and designated RSA and numbered 816 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 2.31, clause (d) of section 4.14, sections 4.17.1 and 4 27 1 and clauses (a) and (c) of section 7.10.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R5A and numbered 816 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Deemed lot (b) Minimum lot area (c) Maximum number of dwelling units (d) Minimum front yard depth (e) Maximum distance roofed over porches may extend into the required front, rear and exterior side yards (f) Minimum landscaped open space strips all of the land described in section 1 of this by -law and shown hatched and designated R5A and numbered 816 on the plan Schedule 1, shall be considered one lot the whole of the land shown hatched and designated R5A and numbered 816 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening 12 7.5 metres 2.5 metres a 3.0 metre wide landscaped open space strip along and adjacent to the rear lot line, and a 1.8 metre wide landscaped open space strip along and adjacent to the exterior side lot line, save and except for one driveway (g) Minimum fencing a closed board fence shall be erected along the rear and side lot lines where such lot lines are adjacent to a parking area. The fence shall be a minimum of 1.8 metres in height except where the rear lot line abuts the front yard of an adjacent dwelling, where it shall be a maximum of 1.2 metres in height (h) All other provisions of Zoning By -law No. 79 -200 shall apply 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.816 Notwithstanding the provisions of section 2.31, clause (d) of section 4.14, sections 4.17.1 and 4.27.1 and clauses (a) and (c) of section 7.10.2 of By -law No, 79 -200, no person shall use the land on the southwest comer of McLeod Road and Wilson Crescent, designated R5A and numbered 816 on Sheet C5 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2008- Passed this thirty -first day of March, 2008. DEAN !ORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading; March 31, 2008 March 31, 2008 March 31, 2008 A. Bryce:mb S :ZONING\AMS\2007\By- laws\Byam3 5. wpd -2- SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Amending Zoning By -law No. 79 -200 Description: Lt 2 PI 85 Stamford; Lt 3 PI 85 Stamford; Niagara Falls Applicant: Donna Brown Assessment #s: 272508000407800 272508000407900 KAGIS_Requests\ 2007\ Schedules VoningAM\AM- 35 \mapping.map I:NTS AM- 35/2007 February 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the development of a retirement home and to repeal By -law No. 2000 -197. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R4 and numbered 517, in part, and RID and numbered 518, in part, to R4 and numbered 815, the land on the northeast corner of Thorold Stone Road and Cardinal Drive, being Pt Twp Lt 70 Stamford as in R0608239 Except Pts 6 7, 59R7301 Pt 5, 59R9180; Niagara Falls, Pt Twp Lt 70 Stamford as in R0305820 Except Pts 4 5, 59R7301 Pt 4, 59R9180; Niagara Falls and Pt Twp Lt 70 Stamford Pt 1, 59R690 Except Pt 1, 59R907 Pt 3, 59R9180; Niagara Falls and shown hatched and designated R4 and numbered 815 on the plan Schedule 1, attached to and forming part of this by- law. 2. Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4.19.1, sections 4.27.1 and 7.9.1 and clauses (a), (b), (c), (d), (e), (f), (h), (i), (k) and (m) of section 7.9.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R4 and numbered 815 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a retirement home and accessory buildings and accessory structures, and except in compliance with the following regulations: (a) Deemed lot (b) Minimum lot area Maximum number of private living units Minimum front yard depth Minimum rear yard depth Minimum interior side yard width (i) from the easterly interior side lot line all of the land described in section 1 of this by -law and shown hatched and designated R4 and numbered 815 on the plan Schedule 1, shall be considered one lot the whole of the land shown hatched and designated R4 and numbered 815 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening 83 13.5 metres 38 metres 5 metres (g) (ii) from any other interior side lot line Minimum exterior side yard width (h) Maximum height of building or structure including a peaked roof (i) within 35 metres of the exterior lot line (ii) beyond 35 metres of the exterior lot line (i) Minimum number of required parking spaces (j) Accessory buildings and accessory structures -2- 17.5 metres 6 metres (k) Minimum landscaped open space 38% of the lot area 13 metres as measured from Geodetic Survey of Canada elevation 188.5 metres, subject to section 4.7 of By -law No. 79 -200 16 metres as measured from Geodetic Survey of Canada elevation 188.5 metres, subject to section 4.7 of By -law No. 79 -200 0.65 space /private living unit in accordance with sections 4.13 and 4.14 of By -law No. 79 -200 (1) All other provisions of Zoning By -law No. 79 -200 shall apply 3. For the purposes of this by -law, "retirement home" means a residence providing accommodation primarily for persons or couples with limited physical disabilities brought on by age for which some degree of physical assistance is required and where each private living unit has a separate private bathroom and separate entrance from a common hall, but where common facilities for the preparation and consumption of food are provided, and common lounges, recreation rooms and medical care facilities may also be provided. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.815 Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4.19.1, sections 4.27.1 and 7.9.1 and clauses (a), (b), (c), (d), (e), (f), (h), (i), (k) and (m) of section 7.9.2 of By -law No. 79 -200, no person shall use the land on the northeast corner of Thorold Stone Road and Cardinal Drive, designated R4 and numbered 815 on Sheet B3 of Schedule "A or erect or use any building or structure thereon, except for the purpose of a retirement home and accessory buildings and accessory structures, and except in compliance with By -law No. 2008- -3- 5. By -law No. 2000 -197 is repealed and sections 19.1.517 and 19.1.518 of By -law No. 79 -200 are deleted. Passed this thirty -first day of March, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 31, 2008 March 31, 2008 March 31, 2008 S:\ ZONING \AMS\2007 \By laws \Byam3l.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2008 A a 1111111 MINN FOXE DR III SIMIll SS al Mina iiIRISt IIII ISM '7 re/ iii v,°- II• 73N It II a III 0 0 m 0 73 63.81 m Geodetic Survey Elevation 188. f Canada metres re THOROLD STONE RD J Man Description: Applicant: Assessment #s: 272510000306700 272510000306800 272510000306900 Amending Zoning By -law No. 79 -200 Pt Twp Lt 70 Stamford as in R0608239 Except Pts 6 7, 59R7301 Pt 5, 59R9180; Niagara Falls, Pt Twp Lt 70 Stamford as in R0305820 Except Pts 4 5, 59R7301 Pt 4, 59R9180; Niagara Falls and Pt Twp Lt 70 Stamford Pt 1, 59R690 Except Pt I, 59R907 Pt 3, 59R9180; Niagara Falls Reichmann Aquisitions Corporation 1:NTS AM- 31/2007 K: \G1S_Requests \2 007\ Schedules \ZoningAM\AM- 31 \mapping.map March 2008 Passed this thirty -first day of March, 2008. First Reading: Second Reading: Third Reading: March 31, 2008 March 31, 2008 March 31, 2008 S:IOFFICIAL.PLMAMENDV780 D' Angelo\BYLAW_80.wpd CITY OF NIAGARA FALLS By -law No. 2008 A by -law to provide for the approval of Amendment No. 80 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH TIIE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 80 to the City of Niagara Falls Official Plan is hereby adopted. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 80 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment shown on the map attached hereto, entitled "Map 1 to Amendment No. 80 shall be identified as Special Policy Area "55" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.55 SPECIAL POLICY AREA "55" Special Policy Area "55" applies to approximately 550 square metres of land located on the west side of Drummond Road, between Thorold Stone Road and Crawford Street. The land is designated Residential on Schedule "A" to the Official Plan. In addition to the policies contained in Part 2, Section 1.2, Residential, the property may be used for a single detached dwelling, a duplex dwelling or an office subject to a zoning amendment. The amending zoning by -law shall include provisions addressing the maximum floor area of the office, minimum landscaped open space and fencing. Any required alteration of the site shall be subject to site plan control. S.1OFFICIAL.PLNV+MEND \N80 D' Angelo\BODY_80.wpd Area Affected by this Amendment Proposed Change To Add: SPECIAL POLICY AREA "55 K:\ GIS_ Rn{ wsIsuooPSchtdolslZooingAFMA1- 29M3ppiog map MAP 1 TO AMENDMENT NO. 80 SCHEDULE A TO THE OFFICIAL PLAN CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN MAJOR COMMERCIAL RESIDENTIAL NOTE: This schedule forms part of Amendment No. 80 to the Official Flan for the City of Niagara Falls and it must be read in conjunction with the written text. W E S 1:NTS AM- 29/2007 February 2008 By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit the erection or use of a building on the property for the purpose of either a one family detached dwelling or a duplex dwelling and accessory buildings and accessory structures, or an office. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C3 of Schedule "A" of By -law No. 79 -200 is amended by redesignating from TRM to NC and numbered 818, the land on the west side of Drummond Road, south of Thorold Stone Road, being Pt Lt 78 Twp Stamford Being Pt 1 on 59R11578; Niagara Falls and shown hatched and designated NC and numbered 818 on the plan Schedule 1, attached to and forming part of this by- law. 2. Notwithstanding the provisions of sections 4.17.1 and 8.1.1 and clauses (a), (b), (c), (d), (f) and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated NC and numbered 818 on the plan Schedule I attached hereto, or erect or use any building or structure thereon, except for the purpose of either a one family detached dwelling or a duplex dwelling and accessory buildings and accessory structures, or an office, and except in compliance with the following regulations: (d) Minimum interior side yard width (g) Minimum lot frontage Minimum front yard depth Minimum rear yard depth (i) CITY OF NIAGARA FALLS from the northerly interior side lot line (ii) from the southerly interior side lot line Maximum lot coverage Accessory buildings and accessory structures for a one family detached or duplex dwelling only Maximum floor area for an office (h) Minimum landscaped open space 19 metres 2 metres 13 metres 3 metres 9 metres 12% in accordance with sections 4.13 and 4.14 of By -law No. 79 -200 107 square metres 20% of the lot area, which shall include landscaped strips having the prescribed widths in the following locations: (i) along and adjacent to the front lot line save and except for one driveway and any building (ii) along and adjacent to the southerly side lot line (iii) along and adjacent to the rear lot line (1) Minimum fencing 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.818 Notwithstanding the provisions of section 4.17.1 and 8.1.1 and clauses (a), (b), (c), (d), (f) and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land on the west side of Drummond Road, south of Thorold Stone Road, designated NC and numbered 818 on Sheet C3 of Schedule "A or erect or use any building or structure thereon, except for either a one family detached dwelling or a duplex dwelling and accessory buildings and accessory structures, or an office, and except in compliance with By -law No. 2008- Passed this thirty -first day of March, 2008. First Reading: Second Reading: Third Reading: March 31, 2008 March 31, 2008 March 31, 2008 S:\Z.ONINGW MS120071By- Iaws\Byam29. wpd -2- 4.5 metres 3.0 metres 1.2 metres a 1.8 metre high closed board fence shall be erected along and adjacent to the rear yard DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Amending Zoning By -law No. 79 -200 Description: Pt Lt 78 Twp Stamford Being Pt 1 on 59R11578; Niagara Falls Applicant: Carmela D'Angelo Hong Qun Liu Assessment 272504001405900 K: \GIS_Requests\ 2007\ schedules \ZoningAM\AM- 29 \mapping.map 1:NTS AM- 29/2007 March 2008 A by -law to authorize the execution of a Section 37 Agreement with 1712093 Ontario Limited and 2100422 Ontario Limited pursuant to Section 37 of the Planning Act respecting the provision of certain facilities and services and matters by 1712093 Ontario Limited and 2100422 Ontario Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a hotel with a maximum height of 53 metres and 18 storeys on lands owned by 1712093 Ontario Limited and 2100422 Ontario Limited and located on Fallsview Boulevard, in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Section 37 Agreement dated the 31' day of March, 2008 and made between 1712093 Ontario Limited and 2100422 Ontario Limited as Owner and The Corporation of the City of Niagara Falls as Municipality, respecting the provision of certain facilities and services and matters by 1712093 Ontario Limited and 2100422 Ontario Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a hotel with a maximum height of 53 metres and 18 storeys on lands owned by 1712093 Ontario Limited and 2100422 Ontario Limited and located on Fallsview Boulevard, in the City of Niagara Falls as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Section 37 Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Section 37 Agreement. Passed this thirty-first day of March, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 31, 2008 March 31, 2008 March 31, 2008 CITY OF NIAGARA FALLS By -law No. 2008 SECTION 37 AGREEMENT THIS AGREEMENT made this day of March, 2008. BETWEEN: 1712093 ONTARIO LIMITED and 2100422 ONTARIO LIMITED (hereinafter called the "Owner and THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Municipality WHEREAS the Owner is the registered owner of lands in the City of Niagara Falls which are more particularly described in the attached Schedule "A" (the "Site AND WHEREAS the Owner has applied to the Municipality to amend By -law No. 79 -200 seeking permission to increase height otherwise permitted to allow the development of a hotel with a maximum height of 53 metres and 18 storeys as measured from Geodetic Survey of Canada elevation 203.21 metres, subject to Section 4.7 of City of Niagara Falls By -law No. 79 -200; AND WHEREAS section 37 of the Planning Act, R.S.O. 1990, c.P.13 as amended (the "Planning Act permits the Council of the Municipality to pass a zoning by -law to authorize increases in the height and density of development otherwise permitted by the by -law in return for the provision of such facilities, services or matters as are set out in the by -law; AND WHEREAS a by -law under subsection 37(1) of the Planning Act may not be enacted unless there is an official plan in effect in the Municipality that contains provisions relating to the authorization of increases in height and density of development; AND WHEREAS the Official Plan for the Municipality contains provisions relating to the authorization of an increase in the height of development above four storeys; AND WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the Municipality may require the owner to enter into an agreement with the Municipality dealing with the facilities, services and matters; AND WHEREAS the Owner has elected to provide certain facilities, services and matters in return for an increase in height as set forth in the proposed zoning by -law amendment attached hereto as Schedule `B and to enter into an agreement dealing with said facilities, services and matters; NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged, and for other valuable consideration, the Owner and the Municipality agree to and with each other as follows: 1. DEFINITIONS AND RECITALS 1.1 For the purposes of this Agreement, the term: (1) "Amending By -law" means the zoning by -law amendment substantially in the form attached hereto as Schedule "B"; (2) "Architectural Design" means all aspects of the configuration, appearance and performance of the development, including, without limiting the generality of the foregoing, surface articulation, podium design, exterior materials, roof feature, pedestrian -scale uses, design of the public realm, and pedestrian circulation; (3) "Building Permit" means a permit, issued pursuant to section 8 of the Building Code Act, 1992, S.O. 1992, c.23, as amended or re- enacted from time to time, to construct the Development or a portion thereof; (4) "Chief Building Official" means the Chief Building Official for the Municipality and shall include his or her delegates; (5) "Council" means the Council of the Municipality; (6) "Date of Final Approval of the Amending By -law" means the first day upon which all of the provisions of the Amending By -law has come into force in accordance with section 5.2 of this Agreement; (7) "Development" means the construction of and improvements to and on the site that is the subject of the Amending By -law, consisting of a hotel; (8) "Director of Finance" means the Director of Finance of the Municipality and shall include his or her delegates; (9) "Director of Municipal Works" means the Director of Municipal Works of the Municipality and shall include his or her delegates; (10) "Director of Planning and Development" means the Director of Planning and Development of the Municipality and shall include his or her delegates; (11) "Final Confirmation Date" has the meaning ascribed to it in section 5.1 of this Agreement; (12) "Parties" means the Owner and the Municipality; (13) "Party" means any one of the Owner or the Municipality; 2 (14) "Public Benefit" means the Streetscape Improvements and the Architectural Design; (15) "Site" means the lands described in Schedule "A" hereto; (16) "Site Plan" any plan approved by Council or its delegate pursuant to the Planning Act R.S.O. 1990 C. P.13 in connection with the development; (17) "Streetscape Improvements" means those improvements to the streetscape along those boundaries of the Owner's property which are described in Schedule "C" hereto; (18) "Streetscape Improvements Contribution" means a payment in Canadian dollars of the Streetscape Improvements calculated in accordance with section 2.1 of this Agreement; (19) "Unwinding Date" has the meaning ascribed to it in section 5.5 of this Agreement. 1.2 The Parties confirm and agree that the recitals are true, accurate and form a part of this agreement. 2. STREETSCAPE IMPROVEMENTS 2.1 The Owner acknowledges that the Streetscape Improvements have been installed and completed by the municipality. The Parties acknowledge and agree that the Streetscape Improvements or Streetscape Improvements Contribution are a Public Benefit associated with the authorization of an increase in height of the Development above four storeys up to and including the 30 storey. 2.2 The Streetscape Improvements Contribution shall be calculated in accordance with the following formula: S 1043.00 x L where S is the Streetscape Improvements Contribution; and L is the lineal frontage of the site on Fallsview Avenue, Dixon Street, Main Street and Stanley Avenue expressed in metres. 2.3 The Owner shall pay the Streetscape Improvement Contribution to the City prior to the Amending By -law being presented to Council. 3 2.4 Any payment tendered by the Owner pursuant to this Agreement shall be in cash, bank draft or certified cheque, and shall be delivered to the Director of Finance. 3. CONSENT TO AMENDING BY -LAW 3.1 The Owner consents to the enactment of the Amending By -law. 3.2 The Owner consents to the repeal of the Amending By -law by Council in the event that the Owner is in default of its obligations under this Agreement and the Owner has failed or refused to correct such default within ninety (90) days of notice of such default being given by the Municipality, and the Owner further covenants and agrees not to appeal, object or otherwise challenge the repealing of the Amending By -law. 3.3 The Municipality agrees that it shall not repeal the Amending By -law pursuant to Section 3.2 if the alleged default is the subject of an arbitration that has been commenced by notice properly given under Section 14 of this Agreement. If, following the final disposition of the arbitration, the Owner is in default, Section 3.2 thereafter applies. 4. ARCHITECTURAL DESIGN 4.1 All aspects of the Architectural Design shall be generally in accordance with the Architectural Design of the Development approved by Council on the 17 day of March, 2008 and shall be to the satisfaction of the Director of Planning and Development acting reasonably. The Architectural Design shall be submitted before finalization and execution of the site plan agreement applicable to the Development. 4.2 The Parties acknowledge and agree that the Architectural Design is a Public Benefit associated with the authorization of an increase in height of the Development above 4 storeys. 5. COMPLETION AND UNWINDING 5.1 The "Final Confirmation Date" shall be the second day (not including Saturdays, Sundays or holidays) following the later of (a) the Date of Final Approval of the Amending By -law as defined in section 5.2; and (b) such other date as may be agreed to by the Parties, provided that the occurrence of the Final Confirmation Date shall be expressly conditional upon the Amending By -law being approved and in force on the Final Confirmation Date. 5.2 The "Date of Final Approval of the Amending By -law" shall be the first day upon which all provisions of the Amending By -law have come into force, and: 4 (a) all applicable appeal periods have expired and no appeals have been made to the Ontario Municipal Board and no Applications to Court have been commenced; or (b) any and all appeals to the Ontario Municipal Board and any and all Applications to Court have been finally disposed of in favour of the Amending By -law, such that a Building Permit(s) could be issued by the Municipality's Chief Building Official to permit the Development contemplated by the Amending By -law provided that there were no other reasons to warrant a refusal to issue the Building Permit(s). 5.3 On the Final Confirmation Date, the Municipality and /or the Owner shall give written notice to the other Party that the Final Confirmation Date has occurred. 5.4 For the purposes of this Agreement, the term: (1) "Application to Court" means an application for leave to appeal, an appeal, an application for judicial review, an application to quash pursuant to the Municipal Act, 2001, and an appeal from a Decision or Order in respect of any of these applications that is made to a Court. (2) "Final Disposition" means any of the following events: (a) the entry of an Order of the Ontario Municipal Board that finally disposes of the Amending By -law by rejecting the Amending By- law or results in certain amendments to the Amending By -law; (b) the entry of an Order of the Ontario Municipal Board, that rejects the Amending By -law or results in certain amendments to the Amending By -law; or (c) the entry of an Order of the Court that finally disposes of an Application to Court by rejecting the Amending By -law or results in certain amendments to the Amending By -law. 5.5 (1) The date of the unwinding of this Agreement (the "Unwinding Date should it occur, will be the earlier of (a) the date of the Final Disposition of the Amending By -law if the Final Disposition rejects the Amending By -law; and (b) the date of the expiry of a sixty (60) day period specified in a Notice of Termination which is given pursuant to subsections 5.5(2), 5.5(3) or 5.5(4) of this Agreement. (2) If a Final Disposition of the Amending By -law results in the Amending By -law coming into force with modifications or amendments, then within thirty (30) days of the Final Disposition, either Party may give to the other 5 (3) Party sixty (60) days written notice terminating this Agreement (the "Notice of Termination Unless the Parties agree otherwise, the Unwinding Date shall occur on the expiry of the sixty (60) day period specified in the Notice of Termination. If a Notice of Termination is not given in accordance with this subsection, the modifications or amendment(s) to the Amending By -law shall be deemed to be a "Permitted Amendment(s)" for the purposes of this Agreement. If, as a result of being required to do so by the Final Disposition of the Amending By -law, Council passes or adopts a modification(s) or amendment(s) to the Amending By -law which is not one of the Permitted Amendments, then, within thirty (30) days from the date of passage of said modification(s) or amendment(s) the Municipality shall give notice to the Owner of the passing or adoption of such modification(s) or amendment(s). Within sixty (60) days' written Notice of Termination may be given by either Party to the other Party. After Council passes or adopts said modifications or amendments, the Municipality shall give notice thereof to the Owner forthwith. Unless the Parties agree otherwise, the Unwinding Date shall occur on the expiry of the sixty (60) day period specified in the Notice of Termination. If a Notice of Termination is not given in accordance with this subsection, the modification(s) or amendment(s) shall be deemed to be a Permitted Amendment for the purposes of this Agreement. (4) If the Final Confirmation Date has not occurred on or before two years from the date that Council passes a by -law in the form set out in Schedule "B then written Notice of Termination may be given by either Party to the other Party. Unless on or prior to the expiry of sixty (60) days after the date on which the Notice of Termination was given, either the Date of Final Approval of the Amending By -law occurs, or the Parties hereto agree otherwise in writing, the Unwinding Date shall occur on the expiry of the sixty (60) day period. (5) On or after the Unwinding Date, the Owner, at its expense, may expunge registration of this Agreement by appropriate means according to the requirements of the registry or land titles system pertaining to the Site and, in this respect, the Municipality shall, at the Owner's expense forthwith, cooperate with all reasonable requests by the Owner, including the execution of releases in a form suitable for registration. (6) The Owner acknowledges and agrees that, without fettering Council in the exercise of its discretionary powers, Council may, on or after the Unwinding Date, repeal the Amending By -law with the object of restoring the zoning by -law provisions applicable to the Site to the state they were in on the day immediately prior to the date of the passing of the Amending By -law. The Owner further agrees that it will not challenge or object to the passing, approval or coming into force of any such rescinding by- law(s). 6 (7) 6. INTENTION OF PARTIES On the Unwinding Date, the Director of Finance shall return to the Owner any cash payment deposited by the Owner with the Municipality in accordance with this Agreement, as well as any interest or investment income that has been generated by the cash payment received by the Municipality. 6.1 The provisions of this Agreement are not intended to operate, nor shall have the effect of operating, to in any way fetter the Council that authorized the execution of this Agreement or any of its successors in the exercise of any of Council's discretionary powers. Without limiting the generality of the foregoing, such discretionary powers include the power to pass, amend or repeal by -laws; to adopt, amend or rescind official plan amendments; and to approve or withhold approval to permit any demolition, relocation, construction or alteration of any building. 7. JURISDICTION AND SEVERABILITY 7.1 The Parties acknowledge that this Agreement is entered into pursuant to subsection 37(3) of the Planning Act. If a Court of competent jurisdiction, on an application by a party other than the parties hereto, determines that this Agreement is illegal or beyond the power and jurisdiction of the Municipality and if the Owner has not, acting in good faith, commenced the construction of the Development, the Owner agrees that the Amending By -law may be repealed by the Municipality and the Owner further agrees not to oppose, or cause to be opposed, the repeal thereof. 7.2 If a Court of competent jurisdiction determines that any individual provision of this Agreement is illegal or beyond the jurisdiction, power or capacity of any Party bound by this Agreement, the provision shall be severed from this Agreement if both Parties agree, and the remainder of the Agreement shall continue in full force and effect, mutatis mutandis. In such case, the Parties agree to negotiate in good faith to make any amendments to this Agreement that are, as a result, necessary to implement the intentions of this Agreement. If the Parties cannot agree that such provision or provisions shall be severed, or if negotiations to amend the Agreement are not successful, the Parties hereto agree that the same shall be settled by Arbitration in accordance with the provisions of Article 14 hereof. 7.3 The Parties acknowledge and agree that each is satisfied as to the jurisdiction of the Municipality to pass the Amending By -law. Furthermore, each Party is satisfied as to the jurisdiction, power and capacity of the other to enter into this Agreement. The Parties therefore agree that they shall not challenge the jurisdiction, power and capacity of the other Party to enter into this Agreement, nor shall either Party challenge the legality of any provision in this Agreement. The Parties hereto, their successors, assigns, lessees and sub lessees are and shall be estopped from contending otherwise in any proceeding before a Court of competent jurisdiction. 7 8. ENUREMENT 8.1 The Parties agree that this Agreement shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. 8.2 Notwithstanding anything in this Agreement to the contrary, if the Municipality acquires by any means any part of the Site for any municipal purpose, including road widenings, the Municipality shall not thereby become an owner as contemplated herein, nor shall the Municipality be bound by this Agreement as an owner of the Site. 8.3 The Owner agrees that the rights, restrictions, duties, provisos, conditions and obligations herein contained as they apply to the Owner shall run with the Site until they have been fully performed and thereafter shall cease to apply to the site. When the Owner has fully performed all of its obligations hereunder the Municipality shall forthwith provide, a full release of this Agreement in registrable form. The Parties agree that neither of them can assign or transfer their interest in this Agreement to any other third party without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 9. NOTICES 9.1 Any notices to be given under this Agreement shall be in writing and shall be delivered personally or by facsimile transmission only as follows: To the Owner: 1712093 Ontario Limited and 2100422 Ontario Limited c/o 6700 Fallsview Boulevard Niagara Falls, Ontario L2E 3W6 Telephone: (905) 374 -5100 Facsimile: (905) 374 -5101 To the Municipality: The Corporation of the City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 To the Attention of: The Director of Planning Development Telephone: (905) 356 -7521 Facsimile: (905) 356 -2354 The Parties shall immediately notify each other, in writing, of any changes of address or facsimile number from those set out above. 8 9.2 Notice shall be deemed to have been received by a Party on the date of personal delivery or confirmed facsimile transmission. 10. FURTHER ASSURANCES 10.1 The Parties hereto agree that, at all times and from time to time hereafter upon every reasonable written request to do so, they shall make, execute, deliver and cause to be made, executed and delivered all such further acts, deeds, assurances and things as may be required for more effectively implementing and carrying out the true intent and meaning of this Agreement. 11. FORCE MAJEURE 11.1 If either Party is bona fide delayed in or prevented from performing any obligation under this Agreement by reason of a labour disruption, civil disturbance, act of God, government laws or directives, or similar impediment, and not caused by its own default and not avoidable by exercise of reasonable effort or foresight, then performance of such obligation is excused for as long as such cause exists. Furthermore, the Party so delayed shall be and is entitled, without being in breach of this Agreement, to carry out such obligation within the appropriate time period after the cessation of such cause. 11.2 Nothing in section 11.1 shall operate to excuse the Owner from the prompt payment of cash, certified cheque or the delivery of a letter of credit to the Municipality in accordance with the terms of this Agreement. 12. REGISTRATION OF AGREEMENT AND POSTPONEMENTS 12.1 The Owner consents to the registration of this Agreement, or a notice of it, against the title to the Site at the Owner's expense. 12.2 The Owner agrees to provide to the Municipality, prior to the registration of this Agreement and at no cost to the Municipality, any postponements that are necessary to ensure that this Agreement, when registered, will have priority over all other interests in the Site, other than the fee simple interest. 12.3 The Owner agrees that it will provide to the Municipality, prior to registration of this Agreement, a solicitor's title opinion, satisfactory to the Municipality's solicitor, confirming that this Agreement, when registered, will have priority over all other interests in the Site other than the fee simple interest. 9 13. TAXES 13.1 The Owner agrees to pay, and fully indemnify the Municipality in respect of, any taxes, including taxes under the Excise Tax Act (Goods and Services Tax), Land Transfer Tax, and /or registration fees, associated with the benefit to the Municipality of any facility, service, matter or thing referenced in this Agreement and provided to the Municipality for the benefit of the Municipality by the Owner, including any facility, service, matter or thing required under Section 41 of the Planning Act, provided: 14. ARBITRATION (a) such indemnity shall be net of any rebate available to the Municipality; and (b) the Owner may defend against the imposition of such taxes in the name of the Municipality provided that the Owner may, in such event, elect to pay and satisfy any such claim for taxes and in such event the Municipality shall inform the Owner fully of such claim for taxes and shall offer the Owner every co- operation in the defence of said claim for taxes. 14.1 If any claim or dispute shall arise with respect to any of the provisions herein, including but not limited to application of the formulae set out herein, or the performance or non performance by either Party of the provisions hereof, either Party may, by service of a notice in writing to the other Party, require that such claim or dispute be submitted to and settled by a single arbitrator pursuant to the provisions of the Arbitrations Act, 1991, S.O. 1991, c.17, as amended, whose decision shall be conclusive and binding upon the Parties, and judgment shall be rendered thereon, provided however, that the Parties shall continue their performance of the terms and conditions of this Agreement before and during any such arbitration proceeding to the extent possible. The cost of any such arbitration shall be borne equally by the Owner and the Municipality; the Parties shall bear their own legal and consultant costs. 15. COMMENCEMENT 15.1 This Agreement commences on the date shown on the first page hereof. 16. SCHEDULES 16.1 The following Schedules attached to this Agreement are to be read as and shall form part of this Agreement: Schedule "A" Legal description of the Site Schedule "B" Zoning By -law Amendment Schedule "C" Streetscape Improvements. 10 17. INTERPRETATION 17.1 The headings in the body of this Agreement have been inserted for convenience of reference only and do not form part of the Agreement. 17.2 This Agreement shall be construed and enforced in accordance with, and rights of the Parties shall be governed by, the laws of the Province of Ontario and of Canada applicable therein, and shall be treated in all respects as an Ontario contract, and the Parties submit to the jurisdiction of the courts of the Province of Ontario. 17.3 This Agreement shall be construed with all changes in number and gender as may be required by the context. 17.4 Reference to an official of the Municipality in this Agreement is deemed to include a reference to the official of the Municipality who performs the duties of such referenced official from time to time. 17.5 Time is of the essence in this Agreement. 17.6 The failure of the Municipality to require performance by the Owner of any obligation under this Agreement shall not constitute a waiver of performance of said obligation or any other obligation and shall not affect the Municipality's right to enforce such obligation at a later time. 17.7 This Agreement shall constitute the entire agreement between the Parties in respect of the subject matter herein contained, and it is agreed that there is no representation, warranty, collateral agreement or conditions affecting this Agreement other than as expressed herein. 17.8 This Agreement may only be amended, modified or supplemented by a written agreement signed by all of the Parties hereto. 17.9 The parties acknowledge and agree that the recitals to this agreement are true and that those recitals form a part of this agreement. 11 IN WITNESS WHEREOF the Parties have executed this Agreement by affixing their corporate seals, attested to by the signatures of their duly authorized signing officers. SIGNED, SEALED AND DELIVERED 2100422 ONTARIO LIMITED c/s Name: Title: President I have authority to bind the corporation 1712093 ONTARIO LIMITED c/s Name: Title: President I have authority to hind the corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salei Title: Mayor Name: Dean Iorfida Title: City Clerk 12 PT RANGE 13 15, PL 1; PT DIXON ST, BUCHANAN ST PL 1 BEING FALLSVIEW BLVD (FORMERLY BUCHANAN ST, FORMERLY BUCHANAN AV) AS CLOSED BY R0430946 R097685, AS IN R0777941; NIAGARA FALLS CURRENT P.I.N. 64377 -0108 (LT) SCHEDULE "A" LEGAL DESCRIPTION 13 SCHEDULE "B" ZONING BY -LAW AMENDMENT CITY OF NIAGARA FALLS By -law No. 2007- 14 SCHEDULE "C" STREETSCAPE IMPROVEMENTS 1. The Streetscape Improvements to be provided along Fallsview Boulevard shall be comprised of the following: construction of 107 linear metres of a 2.6 metre wide concrete sidewalk; construction of 107 linear metres of a 1.5 metre wide precast unit paver strip; construction of 7 tree pits and installation of 7 deciduous trees, with a minimum caliper of 50 mm, and associated tree pit covers; installation of vehicular and pedestrian light standards, with associated banners /hanging planters, of a number and in locations to be determined by the Municipality; and installation of waste receptacles and benches, of a number and in locations to be determined by the Municipality. All as detailed in the "City of Niagara Falls Streetscape Master Plan and Urban Design Guidelines MBTW group, October 2001, as may be amended by the Municipality. The Owner shall make a Streetscape Improvements Contribution calculated as follows: S 1043 x L 1043 x 106.7 metres $111,288.00 2. The Streetscape Improvements to be provided along Dixon Street shall be comprised of the following: construction of 73 linear metres of a 2.6 metre wide concrete sidewalk; construction of 73 linear metres of a 1.5 metre wide precast unit paver strip; construction of 5 tree pits and installation of 5 deciduous trees with a minimum caliper of 50 mm, and associated tree pit covers; installation of vehicular and pedestrian light standards, with associated banners /hanging planters, of a number and in locations to be determined by the Municipality; and installation of waste receptacles and benches, of a number and in locations to be determined by the Municipality. All as detailed in the "City of Niagara Falls Streetscape Master Plan and Urban Design Guidelines MBTW group, October 2001, as may be amended by the Municipality. 15 The Owner shall make a Streetscape Improvements Contribution calculated as follows: S 1043 x L 1043 x 72.8 metres $75,930.00 3. The Streetscape Improvements to be provided along Main Street shall be comprised of the following: construction of 72 linear metres of a 2 metre wide concrete sidewalk; installation of vehicular and pedestrian light standards, with associated banners /hanging planters, of a number and in locations to be determined by the Municipality; installation of waste receptacles and benches, of a number and in locations to be determined by the Municipality; and installation of planting beds at the comer of Main Street and Stanley Avenue, as determined by the Municipality. All as detailed in the "City of Niagara Falls Streetscape Master Plan and Urban Design Guidelines MBTW group, October 2001, as may be amended by the Municipality. The Owner shall make a Streetscape Improvements Contribution calculated as follows: S 1043 x L 1043 x 39.4 metres $41,094.00 4. The streetscape Improvements to be provided along Stanley Avenue shall be comprised of the following: construction of 36 linear metres of a 2 metre wide concrete sidewalk; construction of 36 linear metres of a 1 metre wide precast unit paver strip; construction of tree pits and installation of deciduous trees, with a minimum caliper of 50 mm, and associated tree pit covers; installation of vehicular and pedestrian light standards, with associated banners /hanging planters, of a number and in locations to be determined by the Municipality; installation of waste receptacles and benches, of a number and in locations to be determined by the Municipality; and installation of planting beds along Stanley Avenue, as determined by the Municipality. 16 All as detailed in the "City of Niagara Falls Streetscape Master Plan and Urban Design Guidelines MBTW group, October 2001, as may be amended by the Municipality. The Owner shall make a Streetscape Improvements Contribution calculated as follows: S 1043 x L 1043 x 36.4 metres $37,965.00 17 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31 day of March, 2008. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 31 day of March, 2008 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this thirty -first day of March, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 31, 2008 March 31, 2008 March 31, 2008