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2008/09/22COUNCIL MEETING Monday, September 22, 2008 Order of Business and Agenda Package rap ON s PRAYER: Councillor Diodati COUNCIL MEETING September 22, 2008 ADOPTION OF MINUTES Council Minutes of September 8, 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. DEPUTATIONS /PRESENTATIONS Arts Culture Committee Karen (Akula) Fraser will address Council and speak about Artober, the Community Art Challenge, Art Fest, and the Wall of Fame Induction Ceremony PLANNING MATTERS Public Meeting 26T -11- 2008 -01 (Revised) AM- 2008 -008, Deerfield Estates Phase 8 Draft Plan of Subdivision, Zoning By -law Amendment Application Kalar road West Side), South of Lundy's Lane Owner River Realty Development (1976) Inc. (Stewart Branscombe) Background Material Recommendation Report: PD- 2008 -83 -AND- Correspondence from the Region's Public Works Dept. 2 MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Canadian Cancer Society Request that the month of October be declared as "Breast Cancer Awareness Month" in the City of Niagara Falls. RECOMMENDATION For the Approval of Council Fire Services Request that the week of October 5 11, 2008 be proclaimed as Fire Prevention Week" and that October 11, 2008 be designated as Fire Service Recognition Day" RECOMMENDATION For the Approval of Council 3 BOOST Child Abuse Prevention Intervention Request that the month of October be proclaimed as "Child Abuse Neglect Prevention Month" in the City of Niagara Falls. RECOMMENDATION For the Approval of Council 4 Lundy's Lane Battlefield Legacy Project Correspondence from Gord West, Chairperson, Niagara Falls Board of Museums RECOMMENDATION Refer to staff 5 Town of Fort Erie Resolutions related to the Niagara Health System Hospital Improvement Plan. RECOMMENDATION For the Information of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF HUMAN RESOURCES COMMITTEE ACTIONS 3 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY F- 2008 -38 2009 Budget Schedule IS- 2008 -02 Data Storage Purchase HR- 2008 -04 Update on Workplace Health Safety Initiative MW- 2008 -55 Double Application of Fibre Mat on Various Streets MW- 2008 -56 Windermere Road Sidewalk and Parking Lot Improvements at St. Paul High School RESOLUTIONS 1 THEREFORE be it resolved that the Niagara Convention Civic Centre will be operated as Municipal Capital Facility as defined in the Municipal Act, 2001, and FURTHER BE IT RESOLVED that the Staff of the Corporation of the City of Niagara Falls shall take whatever steps are required to ensure that the Niagara Convention Civic Centre has the benefit of a waiver of any and all taxes and feeds that are within the control of the Corporation of the City of Niagara Falls. 2. THEREFORE be it resolved that the Niagara Falls City Council supports a bid for our community to host the 2011 AMO Conference, and FURTHER BE IT RESOLVED that City staff work with Niagara Falls Tourism, the Niagara Convention and Civic Centre and other applicable stakeholders in bringing the AMO Conference to our community and fulfilling the host community's obligations. -4- BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 =161 A by -law to amend By-law No 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2008 -162 A by -law to amend By -law No 79 -200 to permit the construction of a 10 storey, 102 unit retirement home and a clinic on the land 2008 -163 A by -law to provide for the approval of Amendment No 85 to the City of Niagara Falls Official Plan 2008 -164 A by -lawto require pre consultation on certain Planning Act applications in the City of Niagara Falls. 2008 -165 A by -law to adopt, ratify and confirm the actions of City Council at its meeting on the 22°' day of September, 2008 NEW BUSINESS 9/ 2/2008) Teresa Fabbro Re: Arts Culture Committee a From: Dean Iorfida To: Beth Angle CC: Teresa Fabbro Date: 9/12/2008 9:08 AM Subject: Re: Arts Culture Committee Thanks Beth. Beth Angle 9/12/2008 9:03 AM Hello Dean It will be Karen (Akalu) Fraser and she is going to talk about Artober, the Community Art Challenge, ArtFest, and the Wall of Fame Induction Ceremony She would like to provide each Councillor with a package of information. Bill strongly suggested that I submit all handouts by Monday. She talked about doing a power point but I think that she has changed her mind. Let me know if you need any more information. Beth Dean Iorfida 9/12/2008 8:52 AM Hi Beth: I have the ACC slated for the meeting on Sept. 22nd. Do you know who will be attending and other than proclaiming Artober, what will they be speaking on? Thanks Dean 8/12/2008 Dean lortida Arts Culture Committee Page 1 From: Beth Angle To: Dean Iorfida Date: 8/12/2008 2:55 PM Subject: Arts Culture Committee Hello Dean The Arts Culture Committee would like to give a deputation regarding Artober, ArtFest, and the Wall of Fame. They would like to try and coordinate the presentation with the declaration of October as Artober At that time they would like to provide Council with invitations to ArtFest and the Wall of Fame Induction Ceremony Can you please let me know the best date and advise if I need to provide you with anything more official to be added to a Council Agenda. Thanks Beth September 22, 2008 PD- 2008 -83 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. Niagarafalls C A N A D A Re: PD- 2008 -83 26T -11- 2008 -01 (Revised) AM- 2008 -008 Deerfield Estates Phase 8 Draft Plan of Subdivision Zoning By -law Amendment Application Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. (Stewart Branscombe) RECOMMENDATION' 1 That the Deerfield Estates Phase 8 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 The property is located on the west side of Kalar Road, south of Lundy's Lane and north of Forestview Boulevard as shown on Schedule 1 The applicant proposes to subdivide the 5 165 hectare (12.76 acre) site into 63 lots for single- detached dwellings (including 28 narrow frontage lots) and a block of land with access onto Kalar Road (see Schedule 2). The block is to develop with either townhouses (17 units) or a 3- storey apartment building (44 units) (see Schedule 3) The plan has been revised from the initial submission to ham. eliminate 13 Tots proposed fforsemi- detached dwellings in favour of the smaller frontage 310Queet Street PO 8oxl623 "Ni garaEatls ONFCanada 2E 6X5 9053567521 wwwnlagarafailsca,.. Working Together to Serve Our Community Community Services Department Planning Development September 22, 2008 Public Consultation 2 PD- 2008 -83 single Tots The road pattern includes extensions of Parkside Road and Kelsey Crescent in the Deerfield Estates subdivision to the south. There are dead -end streets to be continued on abutting land to the north in the future The subject land is zoned Development Holding (DH) through Zoning By -law No 79 -200 The applicant has requested a zoning change to the Residential Single Family 1E Density (R1E) 35 of thsingle-detached lots, to a site specific Residential Single Family and Two Family (R2) zone for the 28 narrow frontage single- detached lots and to a site specific Residential Apartment 5B Density (R5B) zone for the townhouse /apartment block. 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 May 26, 2008. There were no members of the public that spoke at the meeting and no letters were submitted The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. Planning Review 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. Surrounding Land Uses There are new single- detached houses and vacant lots to the south and west within the Deerfield and Edgewood Estates subdivisions A new elementary school is on the northwest corner of Kalar Road and Forestview Boulevard and a townhouse development is underway directly south of the school. An approved site for a 40 -unit apartment is located on Kalar Road abutting the proposed plan. Established single- detached homes are on the east side of Kalar Road. Land to the north and northwest is vacant and designated for future residential use. Provincial Policy Statement and Growth Plan The application is consistent with the Provincial Policy Statement and the Growth Plan. The plan represents an efficient use of residential land and urban services and provides an appropriate range of housing types and densities. The land is within a designated greenfield area and contributes to the creation of a complete community The Region has no objection to the approval of this development from a Regional and Provincial planning perspective. The Region is satisfied the subdivision is consistent with Provincial policies. Official Plan and Garner Neighbourhood Secondary Plan The subdivision is within the intent and purpose of the Official Plan. The subject land is designated Residential which permits a variety of housing forms. A compatible mix of dwelling types, lot sizes and densities is promoted by the Official Plan to provide a full range of housing opportunities to meet the needs of all residents. The subdivision September 22, 2008 3 PD- 2008 -83 proposes various lot sizes for single- detached homes and a block for an apartment or townhouse development. This multiple residential site satisfies location criteria being on Kalar Road (Arterial) which is also a transit route, and in proximity to schools, parks and commercial areas. The subdivision will be compatible with the existing and future surrounding uses. The application satisfies the use and intent of the Garner Neighbourhood Secondary Plan. The location of the proposed townhouses /apartment meets the general principles of the Secondary Plan. A housing mix target of 70% single /semi- detached units and 30% multiple residential units is specified for the Garner Neighbourhood. The subject plan proposes a housing mix of 79% single /semi and 21% multiple (townhouses) which is below the targets in the Secondary Plan, however, a distribution of 59% single /semi and 41% multiple residential can be achieved if the apartment is developed Because this is a small subdivision plan, the mix of housing types is acceptable especially if the multiple residential block develops with an apartment building. Additional medium density housing and an improved residential mix is required on the balance of vacant land in the north section of the neighbourhood to address City, Regional and Provincial housing mix and density targets. Subdivision Design The design of the subdivision is acceptable. The plan continues the collector roadway (Parkside Road) and local street (Kelsey Crescent) established in Deerfield Estates. The subdivision allows linkages to future streets on land to the north which will include a connection to Kalar Road approximately midway between this plan and Catalina Street. A widening is provided to accommodate planned Kalar Road improvements The length and dead -end design of the east branch of Kelsey Crescent requires a temporary turnaround area for fire trucks until the development to the north occurs. There will be parking restrictions on Kelsey Crescent and the cul -de -sac to ensure adequate fire access. The lot sizes will be compatible with other lots in the neighbourhood Parkland requirements were addressed through the original Deerfield subdivision. Sidewalks are requested in accordance with standard municipal practice Zoning Amendment The requested zone categories will provide regulations to guide the development of the land The R1 E zone for the standard single- detached lots is appropriate as the minimum lot areas are greater than 370 square metres (3,983 square feet) and the minimum lot frontages exceed 12 metres (39 4 feet) A site specific R2 zone is appropriate for Lots 1 to 28 (inclusive) The revision to replace 26 semi- detached units with 28 narrow frontage lots for single- detached dwellings provides for a similar number of units and similar lot provisions per unit. This zoning would allow a minimum lot area of 300 square metres (3,229 square feet) with a minimum lot frontage of 9 15 metres (30 feet) for an interior lot and 10.95 metres (35 9 feet) for a corner property These are similar standards required for semi detached units. The side yard widths are requested to be reduced to 0.9 metres (2.95 feet) for a one storey, split level or 1 1 /2 storey home, to 1.2 metres (3 9 feet) for a 2- storey dwelling and to 3 metres (9.84 feet) for an exterior yard. Lot coverage is proposed at a maximum of 45% of the total lot area. Based on the lot design and requested zoning provisions, all dwellings will have September 22, 2008 4 PD- 2008 -83 attached garages. These proposed narrow frontage lots provide an alternate lot size available housing in the area. Similar approvals have been given to small lot singles on Milomir Street and Mary Drive to the south. The developer and builders believe this lot size will address market demand for a smaller single- detached dwelling The site specific R5B zone requested for Block 64 will be developed to permit either an apartment building or townhouse development (see Schedule 3 for the submitted concept plans) The developer should note that the minimum lot area requirement of the R5B zone and the Official Plan density policies would allow a maximum of 43 apartment units on the site rather than 44 units as shown on the sketch. An increase in the building height of the apartment to 12.5 metres (41 feet) whereas the current standard is a maximum of 10 metres (32.8 feet) is requested for a pitched roof design. This architectural feature is in character with the dwellings being built in the neighbourhood. Similar approvals have previously been granted for other apartment projects. Special provisions are necessary to allow the proposed townhouse use with a lot coverage of 40%, an interior side yard width of 1 8 metres (5 9 feet) for the end units and to provide an amenity area of 7 5 metres (24 6 feet) at the rear of all units. The applicant has requested a building setback of 4 5 metres (14 8 feet) from Kalar Road, after widening rather than the typical requirement of 6 metres (19 7 feet) for a dwelling. In order to maintain sufficient distance from the roadway and promote a more consistent streetscape, staff recommend the City standard of 6 0 metres (19 7 feet) be required. Site Plan Control or condominium approval will be required for the townhouses or apartment to determine design details such as parking, landscaping, fencing and lighting. CONCLUSION. The Deerfield Estates Phase 8 Draft Plan of Subdivision is an appropriate development of the site. The application is consistent with the Provincial Policy Statement and the Growth Plan and complies with the policies of Official Plan and Garner Neighbourhood Secondary Plan. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings. The conditions of approval are listed in the Appendix. Recommended by Approved by Respectfully submitted R.Wilson:mb AftaCh.S:1PDR120081PD- 2008 -83, Deerfield Estates Phase 8 Subdivision, AM- 2008- 008.wpd Lob W Alex Herlovitch, Direc 6r of Planning Development Ed D`lovic, Execrf.ive Director of Community Services J J MacDonald, Chief Administrative Officer September 22, 2008 -5 APPENDIX Conditions for Draft Plan Approval PD- 2008 -83 1 Approval applies to the Deerfield Estates Phase 8 Draft Plan of Subdivision prepared by Upper Canada Consultants, dated September 11, 2008, showing 63 lots for single- detached dwellings and Block -64 for townhouses or apartments. 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 with 5 metre legs 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) dedication of a 3 metre road widening (Block 65) to the City along the west side of Kalar Road abutting the plan, (e) provision of water distribution, sanitary sewer and storm sewer systems; (f) weeping tile flow to be directed to the storm sewer by use of sump pumps, (g) provision of an overland stormwater flow route; and (h) application of the City's Lot Grading and Drainage Policy 5 The developer dedicate 0 3 metre reserves to the City at the north limit of Parkside Road (Block 68) and Kelsey Crescent (Block 66) and along the east side of Kelsey Crescent (Block 67). 6 The City dedicate the existing 0.3 metre reserves at the north limit of Kelsey Crescent and Parkside Road (Blocks 287 288, 59M -354) as public highway 7 The developer construct sidewalks to City standards on both sides of Parkside Road and on the south and east sides of Kelsey Crescent (no sidewalk is required on the cul -de -sac bulb) 8. The developer submit servicing plans showing road widths /curb radii and the turnaround design for Kelsey Crescent to Fire Services for review and approval. 9 The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 10 The developer grant the City and Public Utilities any easements required to service the subdivision. September 22, 2008 6 PD- 2008 -83 11 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). 12. 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. 13. 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). 14 The developer provide boulevard trees in accordance with City policy 15 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. 16. 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 17 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. 18. Within 60 days of draft plan approval, the developer acknowledge 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 final approval of the subdivision for registration purposes. 19 Within 60 days of draft plan approval, the developer provide the Regional Public Works Department with a written undertaking that all offers and agreements of purchase and sale, which maybe 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 September 22, 2008 7 PD- 2008 -83 similar clause be inserted in the subdivision agreement between the developer and the City of Niagara Falls. 20 The design drawings for the water, sanitary sewer and stormwater drainage system 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 proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto) 21 Prior to final approval of the subdivision for registration, 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 sewers) for the development shall be obtained. 22. The developer comply with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Public Works Department and the developer shall ensure that all streets and development blocks can provide through access. Where no through access can be provided, a cul -de -sac with a minimum finished road radius of 12.8 metres at the end of the roadway must be provided. 23 Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Public Works Department, for review and approval, two copies of any updates to the stormwater management plan previously submitted for the Deerfield Estates development and /or supporting material to confirm the ability of the existing stormwater system to handle the additional capacity from the proposed development. Note. The Region will request that the Niagara Peninsula Conservation Authority review the updated stormwater management plan and other related materials on the Region's behalf and submit comments to the Regional Public Works Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff 24 The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement any recommendations related to stormwater management that result from the updating of the stormwater management plan. 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 11 Canada Post for Conditions 12 and 13 Regional Municipality of Niagara for Conditions 18, 19, 20, 21, 22, 23 24 Proposed Plan of Subdivision Zoning By -Law Amendment Application Deerfield Estates Phase 8 26T -11- 2008 -01 (Revised) AM- 2008 -008 t _0 111111E rea 111111111 5 E EP miammuitem 1111111.111111111111 an111111u119U Subject Land K:WIS_Requests \2008\Schedules\ Subdivision \Oeerfield_phaseaynapping.map SCHEDULE 1 Location Map Scale 1:NTS September 2008 DRAFT PLAN OF SUBDIVISION DEERFIELD ESTATES PHASE 8 CITY OF NIAGARA FAT T 1 t 1 t --I I 1 L J 1 1 1 1 1 1 1 i 1 1 L____t I 1 1 1 1 1 1 1 1 1 1 1 I -_J 1 1 1 I I I I ADDITIONAL LANDS OF OWNER `r 12.830h a.. 31.703acres_ 7 7 7 T I I I I I 1 1 1 1 1 1 1 I I 1 I I 1 I Ida 1 DEERFIELD ESTATES r AREA REQUIREMENTS OF SECTION 5107) OF THE PLANNING ACT j r 0.8445,0. 2.087o<.ee I B .3.' 6 66 L r J I 1 1 1 y y r_ y L J Rswm 1 k 1� KELSEY CRESCENT E+ Ho OCK 68 RaEmc KELSEY CRESCENT a O �ll r 't 50 t 83 W E' WW, �a U FORESrvIE� 1,41? 4�C AREA: 0.7611,o, 00.60 0030 A RARDC 00 S CERTIFICATE f ptremoto A= To 00 SUK RV EOm.m0 10105 TO et UPPER CANADA :;i` CONS�� AM US �.v KEY PLAN DRAFT Pt AN OF SIIRDIVISIDN LEG I4 D C RIPTIDN 011 n'Eaww. musiowurr or pc 45 D LO CK rB SERE 67 BLOCK 64 ARSE 0.5000.., 0 W 0 W BLOCK 65' 3.0m ROAD ADORNS 07 TOTAL LAND USE SCHEDULE •0. UNITS 0(x500! 30.000 0rsµ0. Ov DRAFTPL OF SUBDIVISION DEERFIELD I ESTATES PHASE 8 5400H8 —OP PROPOSED APARTMENT BUILDING CROSS BUILDING AREA 1668m 3 STOREY /44 UNITS 75.90m 1 n.com SCHEDULE 3 3 m 9.00! 6.00m 357 LANDSCAPE AREA 111 I II I1 111111L311 66 SPACES HI !IilY i1 11111F3iiii 7.50m BLOCK 50 3.0m ROAD WIDENING BLOCK 49 CONCEPT xuv su UPPLA WNW F.9.1*-1 crL. DPaumn ESTATES no asw 7.50m 17 6.00 0 10.17 I 1 I 1 I I I I 10.1 Om 0 M !BLOCK 50 3.0m ROAD WIDENING BLOCK 49 CONCEPT Lunt UPPER WAWA P.Pa�' T DEEREB1D ESTATES EBB 05W `0 KALAR ROAD Jun. 1A 2008 9 35AM REGIONAL PLANNING Niagara Wit Region June 19, 2008 Files: D,11.M.11.24 (26T -11- 2008 -01) Mr Alex Herlovltch, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr Herlovitch: No 3112 P 2 PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel; 905.984 -3630 Tol l- free:1.800- 263.7215 Fax: 905. 641.5206 www.reslonal.niagara.ori ca Re: Regional and Provincial Review Comments Draft Plan of Subdivision (28T- 11.2008-01) Deerfield Estates Phase 8 Zoning Bylaw Amendment (AM- 2008.008) West Side of Kater Road, South of Lundy's Lane, North of Forestvlew Blvd. City of Niagara Falls Regional Development Services staff has reviewed the draft plan of subdivision prepared by Upper Canada Consultants, dated April 14, 2008, which proposes the development of 35 lots for single detached dwellings, 13 lots for semi detached dwellings, a block for multi- unit dwelling(s), and associated roads and reserves on a 5.185 hectare (12.762 acre) site. A related Zoning Bylaw Amendment application has been submitted to rezone the property from the Development Holding (DH) zone to a Residential Single Family (R1E) for the 35 single detached lots, to a site specific Residential Single Family (R1E) and Two Family (R2) zone for the seml- detached lots and to a site specific Residential Apartment 5B Density (R5B) zone for the multi unit dwelling block. Regional staff offers the following comments to assist the City in considering the proposed development. Regional Planning The subject property Is located within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. Residential development proposals within urban areas will be dependent on the availability of adequate municipal water, sanitary sewer, stormwater and roads services. The Regional Policy Plan contains policies that encourage the provision of an adequate supply of housing which is affordable, accessible, and suited to the needs of a variety of lifestyles. Building Community. Building Lives. Jun. 19 2008 9 36AM REGIONAL PLANNING PROVINCIAL, REVIEW General Land Use No 3112 P 3 •2- The subject property Is within a developing area of the City and can be serviced locally. The related Zoning Bylaw Amendment application will facilitate the development of the subject property for a broader range of housing types than currently permitted under the existing zone. The proposed subdivision will offer single detached, semi detached, and multiple unit dwellings, which should enhance housing choice and accommodate a variety of lifestyles and income groups. in thls regard, the application appears to meet the aforementioned objectives of the Regional Policy Plan. Reaionai Public Works A key element of the Region's waste collection policy Is that the site roadway system be adequate for waste collection vehicles to enter and exit the site without the need to engage in any back -up manoeuvring. New developments not large enough to for a drive- through street system may provide a cul -de -sac with a minimum finished road radius of 12.8 metres at the end of the roadway. The dead -end street at the east end of Kelsey Crescent does not comply with the waste collection policy requirements. A temporary turnaround cul -de -sac at this location Is recommended. Servicing for this development will be under the Jurisdiction of the City of Niagara Falls and will require the construction of water, sanitary and storm services to the proposed Tots. As a condition of approval, the Region must review and approve any new /extended services under the Ministry of the Environment's Transfer of Review Program. Drawings with calculations for the services must be submitted to this department for approval. To address Planning Act requirements, the Region and other agencies must be consistent with the Provincial Policy Statement and the Greater Golden Horseshoe Growth Plan. Regional staff has reviewed the draft plan of subdivision in light of Provincial policy and has the following comments: The Provincial Policy Statement requires that land use patterns within settlement areas be based on densities and a mlx of land uses which efficiently use land, resources, and available or planned Infrastructure and public service facilities. The Provincial Growth plan contains similar policies that require a significant portion of new growth be directed to the built up areas of the community. Further, Provincial policies encourage the provision of a range of housing types and densities, Including the provision of affordable housing. The subject property is within the urban area where Infrastructure may be made available to service the proposed development. The related zoning bylaw amendment application proposes to rezone the property to permit a range of housing types Including single detached, semi detached, and multi unit dwellings. Thls mix of housing will enhance housing choice for a variety of lifestyles and income groups, The proposed development is generally consistent with focus of the Provincial Policy Statement and the Growth Plan and will facilitate development at a location where appropriate levels of planned infrastructure exist. Jun. 19 2008 9 36AM REGIONAL PLANNING Natural Heritage -3w No 3112 P 4 Stormwater Management Detailed stormwater management Information has not been submitted with the application and the draft plan submitted does not show a stormwater detention pond. The application does however indicate that the site will be serviced with storm sewers and ditches /swales to manage storm water a stormwater management plan was submitted for the development to the south. The stormwater management plan should be updated to Include this property and/or the capacity of the system to handle the additional development should be confirmed. The Region will request the Niagara Peninsula Conservation Authority review any updates to the stormwater management plan and supporting material on our behalf. Available mapping and aerial photos show no significant natural features on the site or adjacent lands, Cultural Herltane An archaeological assessment has been conducted, which recommended Stage 4 mitigation. The Stage 4 report detailed the mitigation of the site and Indicated that It has been completely excavated and, therefore, no additional field work is recommended. The Ministry of Culture, In a letter dated October 2, 2007, has advised it is satisfied that concerns for archaeological resources have been addressed for the subject property. However, if deeply buried cultural remains are discovered during construction, the Ministry should be contacted Immediately. Conclusion Regional Development Services staff has no objections from a Regional or Provincial perspective to the draft approval of the subdivision and the related zoning bylaw amendment subject to the conditions requested by the Regional Municipality of Niagara, which are attached as Appendix I. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Peter Colosimo, Transition Manager, Development Services Division. Please send notice of the City's decision with regard to this application, Yours truly, Sue Mabee Planner SMr Jun 19 2008 9 36AM REGIONAL PLANNING -4- Attachments: Appendix 1— Recommended Conditions of Draft Approval Cc: Mr, P. Bond, Niagara Peninsula Conservation Authority Mr W Stevens, Regional Public Works Z: \MSWORP\SMINIAGARA FALLS\SubdMson1T -11. 2008.01 Deerfield Estates Ph 81Comments.doc No. 3112 P 5 Jun. 19 2008 9 36AM REGIONAL PLANNING 5 APPENDIX I Conditions of Draft Approval Deerfield Estates Phase 8 City of Niagara Falls File: 26T -11- 2008.01 No 31t2 P 6 1 That within 60 days of draft plan approval, the owners acknowledge 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 final approval of the subdMslon for registration purposes. 2. That within 60 days of draft plan approval, the owners shall provide the Regional Public Works 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 owners and the City of Niagara Falls. 3, That the design drawings for the water, sanitary sewer, and stormwater drainage system required to service this development be submitted to the Regional Public Works Department for review and approval. Note: The stormwater management scheme proposed for this development wilt require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto), 4. That prior to finat approval of the plan of subdivision for registration, 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 sewers) for the development shall be obtained. 5. That the owner complies with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Public Works Department and the owner shall ensure that all streets and development blocks can provide a through access, Where no through access can be provided, a cul-de -sac with a minimum finished road radius of 12.8 metres at the end of the roadway must be provided. 6. That prior to approval of the final plan or any on -site grading, the owners submit to the Regional Public Works Department, for review and approval, two copies of any updates to the stormwater management plan previously submitted for the Deerfield Estates development and /or supporting material to confirm the ability of the existing stormwater system to handle the additional capacity from the proposed development. Note: The Region will request that the Niagara Peninsula Conservation Authority review the updated stormwater management plan and other related materials on the Region's behalf and submit comments to the Regional Public Works Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff. Jun. 19 2008 9 36AM REGIONAL PLANNING No 3112 P 7 6 7 That the subdivision agreement between the owners and the City of Niagara Falls contain provisions whereby the owners agree to Implement any recommendations related to stormwater management that result from the updating of the stomiwater management plan. Clearance of Conditions Priorto- granting final plan approval, the City ofNlagara Falls must be In receipt of written confirmation from the following agencies that their respective requirements have been met satisfactorily: Regional Municipality of Niagara for conditions 1 to 7 Subdivision Agreement Prior to final approval for registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Regional Public Works Department for verification that the appropriate clauses have been included. tie.: The Regional Public Works Department recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revisions prior to execution. rwir Am Canadian Societe Cancer canadienne_ V i L CLERK" '08 09:1! 1 r .L.. Society du di Proclamation request letter September 09,2008 His Worship Mayor Ted Salci and members of Niagara Falls City Council: Dear Mayor Salci: The Niagara Falls Branch of the Canadian Cancer Society seeks Council approval to declare the month of October as Breast Cancer Awareness Month By proclaiming October Breast Cancer Awareness Month, you will let the women (and men) touched by this disease in our community know that they are not alone. Thank you, Sincerely 0 y Watson, Chair Pink Ribbon Campaign Let's Make Cancer History Le cancer une lutte a finir 1 888 939 -3333 www cancer.ca 971116602/04 Fire Services FROM: Lee Smith Fire Chief Ext. 2201 PG: FALLS :LEs Inter Departmental Memorandum TO Dean Iorfida DATE. September 5, 2008 Director of Council Services City Clerk RE. Fire Prevention Week Proclamation Please arrange to have the attached Proclamation placed on the September 22, 2008 Order of Business. Fire Prevention Week will run from October 5 October 11, 2008 and it is requested that Saturday, October 11, 2008 be designated as "Fire Service Recognition Day" This year's theme is "It's Fire Prevention Week. Prevent Home Fires" LS •te Attach. Working Together to Serve Our Comtnunit» Vl Niagarafq s City of Niagara Falls Mayor's Proclamation WHEREAS many dedicated residents have joined with volunteer, professional and industrial fire safety personnel as "Partners in Fire Prevention" in a relentless effort to minimize loss life,, destruction of property and damage to the environment; and WHEREAS fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures, and WHEREAS it is desirable that information on fire causes and recommended preventive measures be disseminated during a specific period of the year; and WHEREAS the 2008 fire prevention theme for this period is "It's Fire Prevention Week Prevent Home Fires" NOW THEREFORE, I Ted Salci, Mayor of Niagara Falls, do hereby proclaim October 5 -11, 2008 as Fire Prevention Week; and FURTHER, in appreciation of the many services rendered by the members of the Fire Service of Canada, designate October 11, 2008 as "Fire Service Recognition Day and FURTHER encourage all residents to support the many public safety activities and efforts of Niagara Falls Fire Services. August 12, 2008 His Worship Ted Salci Council City of Niagara Falls 4310 Queen Street, P 0 1023 Niagara Falls ON L2E 6X5 Dear His Worship Ted Salci Council, CHIt6 ABU E BREVE TION INTERVENTION RECEfF0 AUG t 8 7093 MAN'OR'S OFFICE BOOST Child Abuse Prevention Intervention (formerly known as Toronto Child Abuse Cent '4rinin annual Go Purple for Prevention! campaign. The purpose of the campaign is to raise awareness and provide education for the general public in our efforts to eliminate abuse and violence in the lives of children and youth.. The Go Purple for Prevention! campaign is an important opportunity for all Ontario citizens to participate and support the need for child abuse awareness and prevention. Every year, thousands of children and youth are affected by violence and abuse. We believe that through education and prevention we can make a difference. This year's theme is "It's Natural to Protect "and was designed by students at Seneca College based on examples of how animals protect their young. Other messages in the campaign will include: "It's Natural to Teach" and "It's Natural to Guide" We are seeking your support to proclaim October as Child Abuse Neglect Prevention Month in your community We would like to invite you and the City of Niagara Falls in pledging that caring for children is a communal commitment and to make a promise to our children to teach, guide and protect them. Plans for this year's campaign include: Media launch of the Go Purple for Prevention! campaign on September 25, 2008 to inform the general public that October is Child Abuse Neglect Prevention month Collaboration and partnership with Toronto Police Services and Seneca College for the "It's Natural to Protect "It's Natural to Teach" and "It's Natural to Guide "theme A contest will be held for children to use their creativity to express what "It's Natural to Protect", "It's Nautural to Teach" and "It's Natural to Guide "means to them To increase the number of support from municipalities from across Ontario for the Go Purple for Prevention! campaign 4 Fundraising events to provide Boost with the financial assistance required to run our numerous programs o Button distribution at Toronto Maple Leaf Hockey game on October 4, 2008 Your support is critical to the success of the campaign and our efforts to encourage the entire community to participate. Please feel free to contact us with any questions. Please see attached sample copy of Proclamation and information brochure with registration form. Please do not hesitate to contact Siew Lee Brett at 416 -515 -1100 ext. 224 to discuss an event in your community We look forward to our continued partnership with you and the City of Niagara Falls to end violence and abuse in the lives of children and youth. Thank you. Yours truly, Karyn Kennedy, Siew Lee Brett Executive Director Coordinator of Fundraising Special Events Encls: Sample Proclamation Child Abuse Prevention Month October 2008 WHEREAS. children are our most precious asset and it is our responsibility to teach, guide and protect them to ensure they have a safe, nurturing environment in which to grow to their full potential, free from violence, abuse and neglect; and WHEREAS. child abuse and neglect are tragedies inflicted on innocent children, an ever increasing problem in today's society that crosses all socio- economic boundaries; and WHEREAS. with increased public awareness, education and support programs, together with community involvement, we can help to ease the pain and suffering and stop the abuse of our children, and WHEREAS. during Child Abuse Prevention Month, groups and organizations within our community will be holding a variety of events and activities, and will offer information on the vitally important child abuse support and prevention programs that are available in our (insert township, city). NOW THEREFORE I, Mayor on behalf of (name of township /city) Council and the (insert population number) people of our great (insert township /city), do hereby proclaim October 2008 as "Child Abuse Prevention Month" to recognize the ongoing commitment of individuals and organizations in our community whose tireless efforts help prevent child abuse. (insert name of Mayor) Mayor s4CHILD ABUSE PREVENTION INTERVENTION Boost Child Abuse Prevention Intervention would sincerely like to thank the follovving municipalities in proclaiming October 2007 as Child Abuse Prevention month in their communities: Town of Ajax by the Lake Town of Arnprior Town of Aurora City of Belleville Township of Galway-Cavendish Harvey Corporation of the Municipality of Clarington Town of Caledon The Corporation of the Town of Cochrane City of Cornwall Township of Ear Falls Town of Fort Erie The Corporation of the Township of Ignace Town of Georgina Township of Killaloe, Hargarty and Rich ands Town of Kingsville The Corporation of the Town of Markham Village of Merrickvill-Wolford Town of Milton Town of Newmarket City of Niagara Falls Town of Northeastern Manitoulin and the Islands The Corporation of the Township of Oro-Medonte City of Oshawa Town of Penetanguishene City of Peterborough County of Prince Edward County Municipality of Port Hope Town of Richmond Hill Town of East Gwillimbury Township of Montague Town of St.Marys City of St. Thomas City of Thorold City of Toronto The Corporation of the Municipality of Tweed 10 Purple Get invOIved! This October Go Purple for Prevention! October is Child Abuse Prevention Month and BOOST Child Abuse Prevention Intervention (formerly known as Toronto Child Abuse Centre) is launching its 4th annual Go Purple for Prevention! campaign. The campaign is held each year to raise awareness and provide education to prevent abuse and violence in the lives of children and youth. This campaign will provide an opportunity for all schools, organizations, churches, community agencies, businesses and individuals to participate and help promote the need for child abuse awareness and prevention. We believe that through education and prevention we can make a difference. For 26 years, BOOST ha worked effectively with child protection, police, education, child care providers, children's mental health and other community agencies to improve the response to children and youth who are at risk of, or who have been victimized by abuse and violence. Every year, thousands of children and youth are affected by violence and abuse. We believe that through education and prevention we can make a difference. Child Abuse Prevention is Everyone's Business How you can support and participate in the Go Purple for Prevention! campaign: Proclaim October as Child Abuse Neglect Prevention Month in your community Make a promise to the children in your community that you will teach, guide and protect them Distribute posters to inform everyone in your community that October is Child Abuse Neglect Prevention Organize a fundraising event such as a golf tournament, dress down day, dance or any other creative activities to support BOOST or your local programs Plan a Go Purple Day and wear purple to show your support for child abuse prevention. Don't forget to send us the pictures so we can post them on our website! The Go Purple for Prevention! campaign is an important opportunity for all citizens to participate in, and promote the need for child abuse awareness and prevention. Boost Child Abuse Prevention Intervention would sincerely like to thank the following municipalities in proclaiming October 2007 as Child Abuse Prevention month in their communities: Town of Ajax by the Lake Town ofArnprior Town of Aurora City of Belleville Municipality of Clarington 'Town of Caledon Town of Cochrane City of Cornwall Township of Ear Falls Town of East Gwillimbury Town of Fort Erie Town of Milton Township of Montague Town of Newmarket City of Niagara Falls Northeastern Manitoulin Township of Oro Medonte City of Oshawa Town of Penetanguishene City of Peterborough Pence Edward County Municipality of Port Hope Galway- Cavendish &Harvey Town of Richmond Hill Town of Georgina Town of St.Marys Township of Ignace City of St. Thomas Killaloe,Hargarty &Richards City of Thorold Town of Kingsville City of Toronto Town of Markham Municipality of Tweed Merrickvill- Wulford oe r 1. Register for the Go Purple for Prevention! Campaign O YES! 1/We would like to support the 2008 Go Purple for Prevention! campaign. Please send us the Go Purple for Prevention! package. Municipality' Contact Person: Mailing Address. Email: Tel: Type of event/activity planned: Fax: Date of event/activity Number of people expected: Please send Go Purple for Prevention! buttons and/or posters: Number of buttons: Number of posters: CH U IBO1f PFAIMIIIY I IMIVINIM sincerely appreciates your support! THANK YOU! 11. -11 ':y Co m w --I. al 0 <C;:cfl _..,0 g 0 fl1 r C2 CD 5. m� O' O C ;di rt O ma0 O HI DA EP VENTII IN RV N I 'Natural ic PROTECT LY beta a baby giraffe is bob), it spends most of its tnne lying down carefully guarded by it'. mni their. If thc'tnother needs to leave a maternity group Will take care her calf until she returns, If children arc our responsibility, why arc so: many being harmed? Patenting- is a communal commitment. I\1akc a promise to our children: 1 o Teach, Gzatde and Protect. Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 RE. Board of Museums Request Staff expects to have a report to Council for the October 6 agenda Niagara,Falls c +u inn TO Mayor Ted Salci DATE. September 22, 2008 Members of Council PP Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Celebrate the Past Build the 'Future Mayor Ted Salci and Members of Niagara Falls City Council c/o City Hall P O Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 September 12, 2008. s, Lundy's Lane Battlefield Legacy Project Your Worship Mayor Salci and Members of Council, As promised, the Board of Museums would like to take this opportunity to provide you with an update of the progress made towards reaching our goal of providing the City with a world class heritage and cultural facility and bring visibility to the Lundy's Lane Battlefield National Historic Site and our community's history in time to celebrate the War of 1812 Bicentennial. The Board of Museum's major fundraising campaign continues and with City Council's commitment of $2 million we have been able to begin, in earnest, approaching major donors for support. To date, we have raised close to 20% of our goal in pledges and donations. We have met with both our Provincial and Federal members of parliament and their staff and both have met our proposals with enthusiasm and have committed to assisting our efforts to secure funding. Through the good graces of the Mayor and several members of Council this project has been presented to Deputy Premier and Minister of Energy and Infrastructure George Smitherman at the Association of Canadian Municipalities Conference held in August. The Business Plan for the Lundy's Lane Battlefield Legacy Project, which is necessary in order to apply to Federal and Provincial funding programs, is well on its way to being completed and is expected to be ready by early October. Much of this has been done using funds that have been set aside by the Board, donated or raised through government funding programs. We now find that we must request funds from Council in order to meet the deadlines set out in our Concept Plan Review This includes tendering out the drawing -up of a complete set of tender ready construction drawings and specifications. The cost of this portion, which will take approximately 8 -12 months, is roughly $750,000 and must be completed by the fall of 2009 in order to begin construction in early 2010 and to have the project completed in time for the anniversary of the War of 1812 in June 2012. Niagara Falls Bogrd of Museums 5810 Ferry St., Niagara Falls, ON L2G 1S9 4 phone: 905-358-5082 O fax: 905-358-0920 www.niagarafallsmuseum.ca Celebrate the Past O Build the Future Lundy's Lane Battlefield Legacy Project We are also aware of the recent Federal Provincial Building Canada Framework Agreement providing infrastructure investment, through the Building Canada Fund, to communities within 17 categories of infrastructure. The Lundy's Lane Battlefield Legacy Project falls within 3 of these funding priorities: Culture, Tourism and Capacity Building. The Board of Museums believes that the Legacy Project provides the City of Niagara Falls with an excellent opportunity to put forward a project of National significance that builds the community's heritage tourism capacity, increases community access and accessibility to City -owned cultural facilities, and will help our community express, preserve, develop and promote our culture and heritage within Canada and Ontario. With the above points in mind, the Board of Museums would like to respectfully request the following: 1 That City Council consider providing the Board of Museums with immediate funding from the $2 million committed in- principle to the project, in order for the Board to be able to send out an RFP for the construction -ready drawings and a full set of specifications and to be able to tender out this portion of our project. This is required so that the project can stay on track and meet on -going timelines. 2. That City Council consider appointing a City staff member as a coordinator to oversee the project, especially considering the Legacy Project will affect City buildings and properties. 3 That City Council consider endorsing the Lundy's Lane Battlefield Legacy Project as the City of Niagara Falls' submission to the Building Canada Fund for funding during its initial funding allocation expected in late September 2008. Thank you very much for your consideration and I am available to answer any questions or concerns that you may have relating to this request and look forward to hearing from you very soon. Sincerely, est r. erson, ara Fall Gord Chai Ni oard of Museums Niagara Falls Board of Museums 5810 Ferry St., Niagara Falls, ON L2G 1S9 <0 phone: 905-358-5082 fax: 905-358-0920 www.niagarafallsmuseum.ca 09 /lU /0S 11 58 FAX 905 871 4022 CANON The Honourable David Caplan Minister of Health and Long Term Care Hepburn Block, 10th floor 80 Grosvenor Street Toronto, ON M7A 2C4 Honourable and Dear Sir Yours ery Mailing Address: Office of the Mayor DOUGLAS G MARTIN September 10, 2008 File No.- 210901 Sent by Fax: 4I6 -326 -1571 905 945 1992 Juanita Gledhill, Chair Local Health Integation Network 270 Main Street East, Units 1 -6 Grimsby, ON L3M 1PS Fax: 905 -945 -1992 Dear Ms. Gledhill: 21002 /002 Re: Niagara Health System hospital Improvement Plan The Municipal Council of the Town of Fort Erie at its meeting of September 8, 2008 passed the following resolution in relation to the above referenced matter THAT The Council of the Town of Fort Erie hereby requests the HNHB L.H.I.N. or the Ministry of Health and Long Term Care direct the NHS to refrain immediately from taking any steps to reduce or remove any services, equipment or human resources from the Douglas Memorial Hospital site, whether pursuant to any current or future plan, policy, program, review, audit, guideline, project or otherwise, until such time as the L.H.I.N. has received and approved the report and recommendations of Dr. J. Kitts with respect to the Hospital Improvement Plan submitted by the NHS to the L.H.I.N. (CARRIED) The NHS is currently taking steps at the Douglas Memorial Hospital in Fort Erie to reduce surgery times and clinics from thirty (30) hours aweek to sixteen (16) hours aweek. Equipment has been steadily removed from the hospital. The Hospital Improvement Plan makes several recommendations one of which, as you know, is to ultimately close the Fort Erie hospital. No action should be taken until a full consideration of the report and public participation has occurred in advance of Dr Kitts review and final report. Your assistance in this matter is urgently required. D.Sgas Martin Mayor DGM:dlk Dr. Jack Kitts, President and CEO, The Ottawa Hospital Fax: 613- 739 -6638 Betty -Lou Sauter, Chair, MIS Fax: 905 323.3800 Debbie Sevenpifer, President and CEO, NHS Fax 905-323-3800 Peter Kormos, MPP Fax: 905 -732 -9782 Kim Craitor, MPP Fax 416.325 -0818 Tim Hudak, MPP Fax: 416-325-0998 P Partingtan, Regional Chair Fax: 905- 687 -4977 lit Niagara Area Municipalities John T. Teal, Co- Chair, Mayor's Task Force NHS Improvement Plan Fax: 905- 872 -9151 Wayne Redekop, Co- Chair, Mayor's Task Force MIS Improvement Plan Fax: 905-894-5356 R. Wilson, GM, CDGC The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada L2A 256 Office Hours 8 :30 am. to 5:00 p.m. Phone (905) 871 -1600 Fax (905) 871-4022 Web -site: www.forterie.on.ca Office of the Mayor Douglas G Martin September 10, 2008 To: All Municipalities in Ontario Re: Niagara Health System Hospital Improvement Plan By way of background, the Regional Municipality of Niagara consists of twelve area municipalities and seven local hospitals, which were individually governed by a Board of Directors. In 2000, the Province created the Niagara Health System (NHS) to improve patient care and save money Eight years later, the Niagara Health System has a $17 million deficit in 2007 and has not achieved the objectives of the original hospital restructuring plan. Consequently, the Province ordered the NHS to develop a Hospital Improvement flan for the next five years. The NHS released its Hospital Improvement Plan on July 15, 2008, which amongst other things, provides for the incremental closure of Douglas Memorial Hospital (DMH) in Fort Erie, DMH operated in the black for many years with an emergency department, ambulatory surgery, 39 beds and all of the other operations and facilities generally found in a small hospital. DMH is distinct in that it is an ambulatory surgery centre where routine minor surgeries are performed five days a week with a program tailored to Fort Erie managed by the local doctors and surgeons with specialists from the area utilizing the surgery and conducting clinics. This hospital model is the most cost effective method of health care as opposed to an acute care hospital. Centres of Excellence are the most expensive hospital model. The way of the future is ambulatory care hospitals for simple and routine surgeries and not utilizing acute care hospitals for these treatments. In order to sustain the model of ambulatory care hospital, it requires an emergency department, surgery, beds, x -ray equipment and a lab The NHS proposes to phase out the emergency room surgery at DMH, ultimately closing the hospital and most likely turning it into a long -term care facility Such action will cause family doctors to leave the community and will create a health care vulnerability such as we have never seen before. At the Council Meeting of September 8, 2008 a number of local doctors and specialists addressed Council on the matter, resulting in the passing of the following resolutions. THAT In recognition of public accountability and democratic principles, the Municipal Council of the Town of Fort Erie hereby supports the efforts of Peter Kenos, MPP to introduce a Private Member's Bill calling for the public election of all hospital boards in the Province of Ontario as part of the municipal elections commencing in 2010, and further THAT This resolution be circulated to all municipalities in the Province of Ontario for support. (CARRIED) THAT The Municipal Council of the Town of Fort Ede hereby petitions The Honourable David Caplan, Minister of Health to legislatively enact the protective status of the Rural Hospital designation as previously defined in 1998 under The Rural and Northern Health Care Framework by the Conservative Government and apply the designation to the Douglas Memorial Hospital in the Town of Fort Erie and all other qualifying hospitals in Ontario, and further THAT This resolution be circulated to all municipalities in the Province of Ontario for support. (CARRIED) /2 To All Municipalities in Ontario September 10, 2008 Re: Niagara Health System Hospital Improvement Plan Page 2 The Hospital Improvement Plan is being reviewed by Dr Kitts, Provincial Advisor Local public consultation is expected but the outcome is unknown. Since 1998, small- hospitals in Ontario-were protected under Rural and Northern Health Framework. It has now been dissolved by the current government since it was a policy and not enshrined in legislation. The status was achieved in 1998 when small hospitals were previously threatened in Ontario It is now only a matter of time that other small hospitals in Ontario will be subject to "improvement plans" which in reality means closing the hospital. Finally, it is important that hospital board members be elected. The Niagara Health System budget is close to $400 million and there is no public accountability, transparency or accessibility to information We look forward to your support in these matters. Please advise our Clerk, Carolyn J Kett, of the action taken by your municipality Contact Information: Carolyn J Kett, Town Clerk Town of Fort Erie 1 Municipal Centre Drive Fort Erie, ON L2A 256 Phone: 905- 871 -1600 x 2211 Fax: 905 871 -4022 Email. ckett@,forterie.on.ca c.c Sincerely, Douglas G Martin, Mayor The Honourable David Caplan, Minister of Health and Long Term Care Fax: 416 -326 -1571 Juanita Gledhill, Chair, LHIN Fax: 905- 945 -1992 Dr Jack Kitts, President and CEO, The Ottawa Hospital Fax: 613- 739 -6638 Betty-Lou Souter, Chair, NHS Fax: 905- 323 -3800 Debbie Sevenpifer, President and CEO, NHS Fax: 905- 323 -3800 Peter Kormos, MPP Fax: 905- 732 -9782 Kim Craitor MPP Fax: 416 -325 -0818 Tim Hudak, MPP Fax: 416 -325 -0998 P Partington, Regional Chair Fax: 905- 687 -4977 John T Teal, Co- Chair, Mayor's Task Force NHS Improvement Plan Fax 905- 871 -9151 Wayne H. Redekop, Co- Chair, Mayor's Task Force NHS Improvement Plan Fax: 905- 894 -5356 H. Schlange, Chief Administrative Officer R. Wilson, GM, CDGC DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMC), its subsidiary companies, officers, directors or agents. September 22, 2008 Corporate Services Committee: 2009 Budget Schedule Report October 27, 2008 Budget Workshop #1 PSAB November 3, 2007 Corporate Services Committee: MPAC Deputation on new assessment procedures all deputations November 17, 2008 Corporate Services Committee: General Purposes Budget Municipal Utility Budget introduction of issues November 24, 2008 Budget Workshop #2 Development Charges December 1, 2008 CorporateI/Services Committee: Firtt e e f-al Purposes Budget Discussion unicipal Utility Budget Discussion September 22, 2008 F- 2008 -38 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -38 2009 Budget Schedule RECOMMENDATION. For the information of Council. BACKGROUND' Nia fgJJ City staff has commenced preparation of the 2009 Operating, Utility and Capital Budgets. Finance staff has prepared a timetable that includes these initiatives. A number of issues arose during the 2008 Budget deliberations that staff recommend be discussed in workshops as background information prior to formal budget deliberations. As a result, staff is recommending that three (3) workshops be held on non Council evenings to review these important topics. The topics are Development Charges, the impact of PSAB 3150, and changes to the Capital Budget process. The timetable is as follows. DEPUTATIONS AND SCHEDULE OF MEETINGS 0 Queen street TO Sox 1023 N7agara Faits ON, Canada 1.2E 6X5 905 .356- 7521' www.niagarafafls.ca Working Together to Serve Our Community Corporate Services Department Finance December 15, 2008 Corporate Services Committee. Second General Purposes Budget Discussion Second Municipal Utility Budget Discussion January 12, 2009 Workshop #3 Capital Budget Workshop January 19, 2009 Corporate Services Committee. Approval of General Purposes, Municipal Utility =First Capital Budget Discussion 2 The Budget preparation includes many action steps, including staff review and input, Council review, input and discussion, as well as deputations from the appropriate stakeholders. As was done last year, individual directors will present their divisional budgets to Council. This year, divisional budgets will be accompanied with divisional business plans regarding key operational objectives and challenges. It should be noted that 2009 will be an assessment year and some changes are planned. On November 3, 2008, MPAC will be issuing reassessment, for all properties. Staff is currently reviewing all building and planning fees with a new rate structure will be in place for 2009 As in prior years, staff requests that Council provide direction prior to the preparation of the budget, specifically, is it Council's direction maintain existing service levels? Recommended by Approved by Respectfully submitted Todd Harri-,on, Direc of Financial Services K. E. Burden, Executive Director of Corporate Services John ,6l,�CDonald, Chief Administrate' e Officer September 22, 2008 IS- 2008 -02 His Worship Mayor Ted Salci and- Members of the Municipal Council City of Niagara Falls, Ontario Members. Re: IS- 2008 -02 Data Storage Purchase RECOMMENDATION' BACKGROUND: Niagara�a CA NADA That Council approve the purchase of additional storage from Dell Canada for data and disaster recovery in the amount of $134,079 04 plus applicable taxes and shipping. The type of data being stored by "The Corporation of the City of Niagara Fails" has changed over the last 10 years. The Corporation has expanded from storing financial, word processor and spreadsheet files to include large files such as media rich documents, GIS files, CAD files, video, scanned files and others. Currently our storage capacity is 1 73 terabytes. There is very little free space available with only 213 gigabytes(12 left. There is an immediate need to increase storage for the Corporation which has prompted a review of current technology Staff is recommending SAN (Storage Area Technology) to replace our existing 'direct attached' storage. SAN Technology does not require a server to be attached to it. Instead, it allows the storage to be accessed through the network via multiple servers simultaneously Benefits of a SAN are. simple centralized management high performance high availability better backup and restore data sharing across servers flexible and quick deployment of resources advanced disaster protection future expansion 10aeen.Street P.0.1 x 1023 Niagara Falls §ON Canada :2E6X5 905-156 www Working Together to Serve Our Community Corporate Services Department Information Systems September 22, 2008 2 IS- 2008 -02 A review of SAN products was conducted and Dell's EqualLogic SAN was chosen for price performance and its seamless integration into our existing Dell Server environment. All the required software is included with the hardware purchase. FUNDING: This purchase will be_funded frgm -IS_special_ppurpose-reserve- #153 n 1l ail Recommended by Approved by Respectfully submitted: loy, Dir o I,fformation System Lynn rden, Executive Director of Corporate Services K. E John j$ Donald, Chief Administrative Officer Working Together to Serve Our Community Corporate Services Department Information Systems September 22, 2008 HR- 2008 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. Niagarafalls C A N A D A Re: HR- 2008 -04 Update on Workplace Health Safety Initiatives RECOMMENDATION: That Council support staff's efforts to partner with National Quality Institute on the implementation of it's Healthy Workplace Framework and Progressive Excellence Program. BACKGROUND Further to Council's adoption of the Workplace Safety Insurance Board's workplace health and safety "Community Charter" on March 17, 2008, the following is an update on the Corporation's recent efforts to improve workplace health, safety and wellness practices. The Workplace Safety and Insurance Board (WSIB) has launched a new five (5) year health and safety initiative called "The Road to Zero" The intent of this program is to improve awareness and commitment of municipalities with regards to workplace health and safety practices. Following a presentation from the Honourable Steven Mahoney, Chair of WSIB, Council approved a "Community Charter" on March 17, 2008 to visibly demonstrate this commitment. The City of Niagara Falls, as an important employer within our community, is intending to improve its own health and safety record and practices. During the period from 2004 -2006, The City of Niagara Falls averaged more than 300 lost time injury days per year and $33,000 per WSIB claim, compared with the industry average of approximately $7,000 per claim. In 2007, the Corporation's costs for WSIB were even higher, exceeding more than $2 million. This increase was due to three expensive WSIB claims resulting from new and retroactive "presumptive legislation" for firefighters and the additional costs associated with Niagara Transit. The City has taken significant steps to improve its health and safety record, policies and practices. Since January 2008, the City has launched extensive workplace inspections, conducted health and safety training with employees and supervisors, and successfully complied with 82 work orders AtM the Ministry of Labour The total number of lost time injuries and WSIB heal �claims are presently on track to be less th the�atal-f 2007 Throughou e City accumulated twenty (20) lost time injures and twenty Corporate Services Department Human Resources Cana 4310 Queen Street P.WBox%1023 Niagara Falis QN L2E6X5 905- 3567521: www:niagarafallsca` September 22, 2008 2 HR- 2008 -04 seven (27) health care claims. Presently, lost time injuries for 2008 are at fourteen (14) and health care claims are at fourteen (14). In comparison to 2007, our WSIB cost savings (year to date) are approximately $350,000 Continuous Progress and Development To further improve our health and safety record and to become an "employer of choice The City of Niagara Falls is committed to fostering a culture of workplace_ health_ and wellness that creates a productive and rewarding workplace where the City is able to attract and retain the brightest of staff Workplace health is best achieved through the implementation of a strategic plan that provides a structured framework to better organize and manage health wellness programs and initiatives By providing specific benchmarks and measures, continuous progress can be measured and provide the foundation and ability to improve employee morale and quality of life. In developing this Corporate Strategic Plan for workplace health and wellness, Human Resources intends to partner with the National Quality Institute (NQI) and implement their nationally recognized program called the 'Healthy Workplace Framework" The National Quality Institute (NQI) was founded in 1992 by Industry Canada and supported by Health Canada to develop best practices for creating a healthy workplace. Known as Canada's national authority on quality and healthy workplace practices, NQI has created a unique Canadian model of workplace health, safety and wellness practices, providing measurable standards for organizations to strive to obtain. In an effort to implement a long term sustainable program, organizational success will require continued senior management support, frequent employee engagement, staff training and development, specific policy development and good communication practices. The cost of this Progressive Excellence Program (Level one) is approximately $10,000 and includes project costs associated with training, committee planning and project consulting. The cost of this program is covered within the 2008 Human Resources budget. Before implementing this program across the organization, however, staff would consider first piloting this program with a division (to be determined) within the Corporation. Summary Conclusion Council can help facilitate better workplace health and safety within the Corporation by supporting staff's efforts to implement a strategic "Healthy Workplace" plan established by the National Quality Institute. Recommended by Approved by eSG,t K }r Burden, Executi DirectorjCorporate Services Respectfully submitted: Trent Dark, Director of Human Resources hn MacDonald, Chief Administrative Officer September 22, 2008 MW- 2008 -55 His Worship- Mayor -Ted Salci- and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj'alls CANADA Re MW- 2008 -55 Double Application of Fibre Mat on Various Streets RECOMMENDATION 1) That the unit prices submitted by Norjohn Contracting and Paving Limited be accepted for the Double Application of Fibre Mat on Various Streets; 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND The streets in the Arlington Avenue Gainsborough Avenue area as shown on the attached map are in fair to poor condition. Attached are pictures of the road condition. These streets were constructed between 1955 and 1958 Within the next 10 years, the watermain will need to be replaced and storm sewers constructed, to separate the combined sewers. The storm sewer outlet and watermain connections would be on Huggins Street that is in good condition. Staff investigated several alternative solutions and determined that a double fibre mat asphalt would provide the extended road life required prior to the underground construction at the most economical cost and provide the residents a good road condition. A standard asphalt overlay would cost more than double. the cost of the fibre mat, Norjohn Contracting and Paving Limited is the sole supplier of the Fibre Mat asphalt. Attached is the literature on the Fibre Mat product. As Norjohn Contracting and Paving Limited is very knowledgeable with road resurfacing, staff is of the opinion that this Company is capable of successfully undertaking this project. September 22, 2008 -2- MW- 2008 -55 The financing for this project is available from unspentfunding in the 2008 Asphalt Overlay Program. Project Costs: Asphalt Overlay Double Fibre Mat (excluding GST) 173,700 00 _Funding:— Unspent Funding from 2008 Asphalt Overlay Contracts Paved Surface Maintenance Contract Service 173,700.00 The funding for this contract was provided in the 2008 General Purpose Budget as a transfer to capital holding. The expenditures for this project will be recorded as an expense in the Capital Fund (account #12- 3- 310024- 030000). This project would be scheduled to commence in October 2008, with all work completed in November 2008 Recommended by Approved by Respectfully submitted Attach: c Geoff Holman, Dire of Municipal Works At MacDonald, Chief Admin Ed ujlov c, Executi hector ojCommunity Services B. Darrall S: \REPORTS\2008 Reports WW-2008-55 Double Application of Fibre Mat on Various Streets.wpd 122,500 00 (11 -3- 311000- 080002) 51 ,200.00 (11 -3- 311000 040000) trative Officer OWG. HAME:S: \1. Capital and Current Projects \2008 Contracts \2008 -03 Asphalt Overlay \Double Fiber Mat 2000 DOUBLE FIBER MAT.dwg %REF DWG. NAME: GLENW PL GLENDALE PL MARIO AVE MARLBOROU PL MARION AVE ST GEORGE MCLAREN CRES LINDEN AVE SPRINGDALE AVE GAINSBOROUGH walker industries__ Norjohn Contracting and Paving Limited .;n7, 47, r,flrec z toN44...w. Advantages A highly resilient waterproofing membrane that incorporates fiberglass strands to provide tensile strength and inhibit reflective cracking Can be placed as a wearing surface or Stress Absorbing Membrane Inter layer Fast application that can be opened to traffic in 20 minutes Inexpensive and contractor friendly Can be used as a preventative or corrective treatment on most existing surfaces I or 1 1 t i I I aflTi''''Thriee -X.7:Y 5 ,W1 21 :3,-Ca;mccii =,7± 1-800-370-9912r 9101 Brown Road Niagara Falls, Ontario 12E 6S5 EART4 YAWS NOUsTRUSTRESS ,4 FiberMat Type A uses the patented FiberDec process, a combination of special polymer- modified asphalt emulsion, chopped fiberglass strands and aggregate. This mixture acts as a highly resilient waterproof membrane that effectively bridges alligatored pavements and also delays reflective cracking. FiberMat Type A is superior to other surface treatments as there are no adhesion problems and the seal produced has greater tensile strength that resists stresses placed upon it. FiberMat Type A is also fast to apply It can be opened to traffic within about 15 minutes after laying, regardless of temperature or humidity thanks to a controlled breaking system. FiberMa: Absorbing Membrane APPLICATION CRS-2P Pdymer Modified Asphe t Emulsion A specially developed unit chops (60- 90mm length) glass fibers in -place and sandwiches them between two layers of asphalt emulsion prior to the application of 6.35mm, 9.5mm or 12.5mm size aggregate, or combinations thereof, which is then rolled into the surface. The glass fibers are applied at a rate of approximately 70g per m2 depending on the severity of the cracking, and the asphalt emulsion is applied in two simultaneous applications totaling 1.8 to 2.7 litres/m2 norjohn contracting paving 9101 Brown Road 1- 800 370 -9912 Niagara Falls, Ontario FiberMai Type A has sufficient tensile strength and flexibility to absorb movements in the pavement shveture and delay the pavement from cracking. The use of a chopped fiber- reinforced membrane was shown to enhance the performance of an overlay by 30% (fatigue and tensile stress) and wheel- track cracking rate by 300 L2E 6S5 September 22, 2008 MW- 2008 -56 His Worship Mayor Ted Salci and_Members of the Municipal Council City of Niagara Falls, Ontario Members. r falls CANADA Re: MW- 2008 -56 Contract 2008- 214 -08 Windermere Road Sidewalk Parking Lot Improvements at St. Paul High School RECOMMENDATION 1 That the unit prices submitted by Alfidome Construction Ltd. be accepted. 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's representative, Mr Bill Matson, opened tenders on Tuesday, September 9, 2008 at 1.30 p.m. for the above noted contract. Tender documents were picked up by nine (9) Contractors and seven (7) bids were received. Two (2) bids were rejected due to incomplete documentation and one (1) bid was revised due to a miscalculation Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractor 1 Alfidome Construction Ltd. 2. Centennial Construction Inc. 3. Sacco Construction 4 Steed Evans 5 Rankin Construction Inc. 6 Stevensville Lawn Service 7 Circle P Paving Niagara Falls Niagara -on- the -Lake Niagara Falls Niagara Falls St. Catharines Stevensville Stevensville The lowest tender was received from Alfidome Construction Ltd. in the amount of $84,705.00 This contractor has previously performed similar type projects for the City We are of the opinion thatffll5 contractor is capable of successfully undertaking this project. 84,705.00 89,827.00 (rejected) 99,325.00 103,545.00 (rejected) 104,830.00 119,564.00 (revised bid) 127,482.00 fitato fiX5 905 7521 wwwmagarafalls,ca Working Together to Serve Our Community Community Services Department Municipal Works September 22, 2008 The engineer's estimate for this contract was 90,000 00 Project Costs. Awarded Contract (excluding GST) 84,705 00 Total 84,705.00 Funding: New Sidewalk Construction 62,682.00 Niagara Catholic District School Board 22,023 00 Total 84,705.00 Current available funds in the New Sidewalk Construction account are $220,292.00 The funding for this contract was provided in the 2008 General Purpose Budget as a transfer to capital holding. The expenditures for this project will be recorded as an expense in the Capital Fund (account #11 -3- 311000 04000). This project is scheduled to commence construction September 29, 2008 and all work is to carry through until November 12, 2008. Approved by Recommended by Respectfully submitted. 2 MW- 2008 -56 Geoff Holman, direc of Municipal Works Ed Dujlovic, Execut e Director of Community Services Joh4"-cDonald, Chief Ai minis ative Officer C. McLeod S:IREPORTS\2008 Reports\MW- 2008 -56 Contract 2008- 214 -08 Windermere Sidewalk.wpd No. Moved by Seconded by CITY i s dip N 14GdPG fA The City of Niagara Falls, Ontario Resolution WHEREAS the Corporation of the City of Niagara Falls "City of Niagara Falls is undertaking the construction of the Niagara Convention Civic Centre "NCCC and WHEREAS the construction of the NCCC has been financed through generous contributions from the Board of Management of the Fallsview Business Improvement Area, the Board of Management of the Victoria Centre Business Improvement Area, and the Governments of Ontario and Canada; and WHEREAS the Regional Municipality of Niagara has contributed to NCCC by entering into a long term lease to provide a parking area, at nominal consideration, and is prepared to contribute further by way of a waiver of any development charges and property taxes, that may be payable as a result of the development and operations of the NCCC, provided that the City of Niagara Falls does the same; and WHEREAS the contributions provided by the Board of Management of the Fallsview Business Improvement Area, the Board of Management of the Victoria Centre Business Improvement Area, and the Governments of Ontario and Canada have all been predicated on the expressed understanding that the City of Niagara Falls would contribute to the development of the NCCC by waiving all taxes and municipal fees; and WHEREAS it is the intention of the City of Niagara Falls that the NCCC will be operated as a Municipal Capital Facility as that term is defined in the Municipal Act, 2001 and, therefore, not be required to pay municipal taxes or any municipal fees including, without limiting the generality of the foregoing, development charges and building permit fees; and WHEREAS the business model upon which the NCCC was proposed and continues to progress is predicated upon the NCCC being operated as a Municipal Capital Facility and exempt from municipal fees and taxes. THEREFORE BE IT RESOLVED THAT the Niagara Convention Civic Centre will be operated as Municipal Capital Facility as defined in the Municipal Act, 2001 and FURTHER BE IT RESOLVED THAT the Staff of the Corporation of the City of Niagara Falls shall take whatever steps are required to ensure that the Niagara Convention Civic Centre has the benefit of a waiver of any and all taxes and fees that are within the control of the Corporation of the City of Niagara Falls. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR u CITY 01 cABAOA NIAGARA FFALL The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Association of Municipalities of Ontario (AMO) is a non profit organization representing almost all of Ontario's 445 municipal governments; and WHEREAS the annual AMO Conference in August is the preeminent conference for municipal politicians and administrators; and WHEREAS the annual AMO Conference attracts 2600 delegates, not to mention support staff and spouses to a community; and WHEREAS AMO has requested that Niagara Falls submit a bid for the 2011 convention; and WHEREAS the host community's obligations are to provide volunteers, local shuttle transportation between hotels, sponsorship for a welcome reception and greetings from the head of Council, and WHEREAS by 2011, the Niagara Convention and Civic Centre (NCCC), an 18,000 square metre facility with 100,000 square feet of exhibition space, will be operating; and WHEREAS the NCCC will amply be able to accommodate the AMO Conference. THEREFORE BE IT RESOLVED that the Niagara Falls City Council supports a bid for our community to host the 2011 AMO Conference; and FURTHER BE IT RESOLVED that City staff work with Niagara Falls Tourism, the Niagara Convention and Civic Centre and other applicable stakeholders in bringing the AMO Conference to our community and fulfilling the host community's obligations. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T (TED) SALCI CITY CLERK MAYOR First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS September 22, 2008. September 22, 2008 September 22, 2008. By -law No. 2008 A by -law to amend By -law No 2002 :081, being -a by -law to appoint City employees, agents -and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS 1 By-law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. 2. By -law No, 2002 -081 is amended by deleting Schedule "D3" and Schedule "D3" attached hereto shall he inserted in lieu thereof. Passed this twenty second day of September, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SAL CI, MAYOR 1 Parking By -law Enforcement Officers: Beth Angle Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunton Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desoiuieaux Bob DiGiolamo Larry Downing Hanya Goforth George Gondoseh Kevin Howe Les Jarvis Erroll Kettell Norm Leonard David Lewis John MacLeod Rob McDonald Edward Allan McDonnell John McPherson Kerri Michaud Kathy Moldenhauer Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell Chris Seabrook David Smith Gary Statchura Matt Vandervelde SCIIEDULE "C" Jana Vermeulen Sue Wheeler Brenda Wylie SCHEDULE "D3" NIAGARA COLLEGE MAID OF THE MIST CENTRE 1 Parking By -law Enforcement Officers on private property: Steve Burnell Anna Vittie CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200 to permit the construction of a 10 storey, 1 02-unit retirement home and a clinic on the land. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 Sheet C4 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from GC to R5F and numbered 842, the land on the east side of Main Street, between Summer Street and North Street, as described in Appendix "A attached to and forming part of this by -law, and shown hatched and designated R5F and numbered 842 on the plan Schedule 1, attached to and forming part of this by -law 2 Notwithstanding the provisions of section 2.31, Column 3 of Table 2 of clause (e) of section 4 19 1, clause (b) of section 4 19.3, section 7 15 1 and clauses (a), (b), (c), (d), (e), (g), (h) and (m) of section 7 15.2 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 R5F and numbered 842 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a retirement home, a clinic and accessory buildings and accessory structures, and except in compliance with the following regulations: (a) Deemed lot (b) Minimum lot area (c) Minimum front yard depth (i) for any part of a building 0 metres or structure 10 metres and 2 storeys and less in height (ii) for any part of a building or structure greater than 10 metres and 2 storeys in height all the land described in section 1 of this by- law and shown hatched and designated R5F and numbered 842 on the plan Schedule 1 attached hereto, shall be considered one lot the whole of the land shown hatched and designated R5F and numbered 842 on the plan Schedule 1 attached hereto, save and except for any part which may be required to be dedicated for the purpose of road widening 8 metres (d) Minimum rear yard depth (e) (t) (g) (i) for any part of a building 20 metres or structure 10 2 storeys and less in height (ii) for any part of a building or structure greater than 10 metres and 2 storeys in height Minimum easterly interior side yard width (i) for any part of a building or structure 10 metres and 2 storeys and less in height (ii) for any part of a building or structure greater than 10 metres and 2 storeys in height Minimum southerly interior side yard width (i) for any part of a building or structure 10 metres and 2 storeys and less in height (ii) for a building or structure greater than 10 metres and 2 storeys in height Minimum northerly interior side yard width (h) Maximum lot coverage (i) Maximum height of building and maximum number of storeys 2 32 metres 3 metres 7.5 metres 1.2 metres 2.2 metres 8 metres 36% 39 metres and 10 storeys, which shall include the roof feature as required by clause (j) of this section and subject to clause (b) of section 3 of this by -law (j) Roof feature Maximum number of private 102 living units Minimum number of parking 0 6 space /private living unit spaces for a retirement home Minimum perpendicular width of a manoeuvring aisle Accessory buildings and accessory structures (o) Decorative wall or fence 3 the apartment dwelling shall have a roof feature which has a minimum height of 6 metres above the top storey The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy 6 metres (p) Minimum landscaped open space 22% of the lot area (q) in accordance with sections 4 13 and 4 14 of By -law No. 79 -200 a decorative wall or fence shall be erected along and adjacent to the front lot line where such lot line is adjacent to a driveway or parking area, save and except for any driveway or pedestrian entrances. The decorative wall or fence shall have a minimum height of 1 metre above the grade of the driveway or parking area All other provisions of By -law No 79 -200 shall continue to apply 3 For the purpose of this by-law (a) "retirement home" means a residence providing accommodation primarily for persons or couples with limited physical disabilities brought on by age or other infirmity 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 be provided; and, (b) "roof feature" means a distinct architectural element erected above the top storey of the building and shall not contain a place of occupancy or be used for commercial purposes, but shall be constructed to enhance the design of the building and may enclose any roof mounted mechanical equipment, mechanical penthouses orother similar elements. Notwithstanding section 4 7 of By -law No 79 -200, and except for any flag poles or other similar decorative features and radio, telephone, television or telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse or other similar elements shall have a height greater than the roof feature. 4 Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19 1.842 Notwithstanding the provisions of section 2.31, Column 3 of Table 2 of clause (e) of section 4 19 1, clause (b) of section 4 19.3, section 7 15 1 and clauses (a), (b), (e), (d), (e), (g), (h) and (m) of section 7 15.2 of By -law No 79 -200, no person shall use the land on the east side of Main Street, between Summer Street and North Street, designated R5F and numbered 842 on Sheet C4 of Schedule "A or erect or use any building or structure thereon, except for the purpose of a retirement home, a clinic and accessory buildings and accessory structures, and except in compliance with By -law No 2008- Passed this twenty- second day of September, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: AB:mb S ZONING \AMS\20081By Taws \ByamOI4.wpd September 22, 2008 September 22, 2008 September 22, 2008 -4- 5 APPENDIX "A" Lt 1 P1 269 Village of Niagara Falls; Niagara Falls Pt Lt 8 E/S Portage Rd, N of Lundy's Lane PI 653 Abstracted As Blk 1 Village of Niagara Falls; Pt Lt 9 E/S Portage Rd, N of Lundy's Lane P1653 Abstracted as Blk 1 Village of Niagara Falls As In RO521091& RO548975 S/T RO478284, Niagara Falls Pt Lt 3 PI 269 Village ofNiagara Falls; Pt Lt 8 E/S Portage Rd, N of Lundy's Lane P1 653 Abstracted As Blk 1 Village of Niagara Falls As In RO71154, Niagara Falls SCHEDULE 1 TO BY -LAW No. 2008 Subject Land r A Amending Zoning By -law No. 79 -200 Description. See Appendix "A" Applicant: 753049 Ontario Limited Assessment #s: 272506000404700 272506000405000 272506000405100 272506000409900 K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM -14 \mapping. map 3 I:NTS AM- 2008 -014 September 2008 A by -law to approval of Amendment to the City of Niagara Fal1s Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1 The attached text constituting Amendment No 85 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twenty second day of September, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 22, 2008 September 22, 2008 September 22, 2008 CITY OF NIAGARA FALLS By -law No. 2008 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 85 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. 85 shall be identified as Special Policy Area "59" 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: 14.59 SPECIAL POLICY AREA "59" Special Policy Area "59" applies to approximately 0 4 hectares of land with approximately 80 metres of frontage on Main Street between Summer Street and North Street. The land is designated Minor Commercial on Schedule "A" to the Official Plan. In addition to the policies contained in Part 2, 3.5.2, the property may be developed for a mixed use building with commercial uses on the ground floor and a retirement home above. The building may be developed to a maximum height of 10 storeys and density of 251 units per hectare. The implementing zoning by -law shall include provisions which specify the permitted uses, maximum building height and number of private living units as well as minimum building setbacks, landscaping and parking spaces. Site plan control shall be used to implement a site design that is compatible with surrounding commercial and residential uses. S: \OFFIC]AL.PLNIAMENDV185 Vacarzo\BODY_85 wpd MAP 1 TO AMENDMENT NO. 85 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed-Change-To-Add: SPECIAL POEICY "59 NORTH ST NORTH ST Er` pa l EMERY ST h NA\ IIP v N A SUMMER ST bX CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN MINOR COMMERCIAL RESIDENTIAL NOTE! This schedule forms part of Amendment No. 85 to the Official Plan for the City of Niagara Falls uoms Rryutrono srboirurtzenwsaunmsmomappins on, and it must be read in conjunction with the written text. W E 1:NTS AM- 2008 -014 September 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to require pre consultation on certain Planning Act applications in the City of Niagara Falls. WHEREAS Sections 22(3 1),34(10 01),41(3 1)_and 51(16.1) -of- the -P- Tanning -Act, R.S:O 1990, Part 3, as amended, allow municipalities to pass by -laws to require applicants to consult with the municipality prior to the submission of an application made under the Act for an amendment to the Official Plan or Zoning By -law, plans of subdivision or consent; and WHEREAS the Official Plan allows for such consultation meetings as a provision of or the submission of a complete application; and WHEREAS the Council of the City of Niagara Falls wishes to require consultation with the City prior to the submission of certain applications made under the Planning Act; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 That persons intending to make application to the City of Niagara Falls for an amendment to the Official Plan or Zoning By -law, draft plan of subdivision or consent, be required to consult with City Staff prior to the submission of the application. 2. That the purpose of such consultation meetings will be to review a draft development proposal for the lands affected by the proposed applications and to identify the scope of additional supporting infomration or material required by the City of Niagara Falls and/or other affected agencies to allow full consideration of the development application. 3 That in the absence of consultation prior to the submission of an application and the submission of all required supporting information or material, the City ofNiagara Falls may deem an application as incomplete under the provisions of the Planning Act. 4 The Director of Planning or his designate shall have the discretion to waive the requirement for a formal consultation meeting when, in his/her opinion, it has been deemed to be unnecessary for a complete review of the application. 5 Where a consultation meeting is deemed to be necessary, a consultation checklist or agreement shall be completed and signed by all parties present. Passed this twenty- second day of September, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 22, 2008 September 22, 2008 September 22, 2008 CITY OF NIAGARA FALLS By -Iaw No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of September, 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 22n day of September, 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 -Iaw has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3 The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty- second day of September, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 22, 2008 September 22, 2008 September 22, 2008